The midland journal. (Rising Sun, Md.) 1885-1947, 1940-09-06

fore any Justice of the peace or court or
sOm e. not ess tSan ten an dos o
more than fifty dollars $500 and any per-
son, firm or corporation engaged In catch
ing oysters by means Of dredges, or sell
ing oysters In violation Of any provision Of
Sections and . Of this Article, shall be
deemed guilty Of misdemeanor and, upon
or court Of Competent jar is shall be
fined the sum Of not less than Fifty Doll
lars $4,000 nor more than One Hundred
Dollars or confined, In jail not less than
or both, and In addition to such fine or
Imprisonment said cargo. shall be confs-
Gated and returned to natural beds or bar
tor or other ofiicer making the arrest,
and at the expense Of the violator,. which
expense shall be In addition to the fine
imposed and collectible in the same man nan;
as security for the payment Of said fine.
II the violator has taken oysters only with
tongs he shall be fined as above, and the
be held as security for the payment of said
fine. In addition to the above penalties the
justice. Of the peace or Judge may, In q
convicted of violating the provisions Of this
subtitle, suspend or revoke the license
under which said violator may be operating
for the purpose Of catching, shucking,
Is an appeal or waiver Of trial before JUS
tice of the peace, in order to. provide for
the disposition Of any oysters that have
been declared understandable, the cargo
Of oysters shall remain in the possession
or custody Of the Inspector or other Off
Ger making the arrest until the captain Of
the boat or vessel or the packer shall have
reculled the oysters In question; and the
officer under whose supervision the re-
culling is done, after ascertaining the guam
tity Of understandable oysters and shells
so culled out, shall give the captain or
other person in charge of said vessel or
packing house, certificate showing the
number of bushels Of such unmerchantable
oysters and the said , captain or other per
ters so culled out Of the natural beds or
bars under the supervision of the officer.
The cost Of reculling and expenses incl
lator.
Sec. Q. And be 1t further enacted, That
q new section be and the same Is hereby
added to Article ~ Of the Annotated Code
ters," sub title General Measurers and
Inspectors" said new section to be known
as Section 81, to. follow Immediately after
said subtitle and to read as follows:
81. Each county inspector or deputy
inspector shall inspect all oysters in the
district to which he is assigned by the
Commissioner Of Fisheries, and upon the
msPe eereaes o fu fhe q buh
els in triplicate, one Of which shall be
given to the purchaser, one to the seller
and the other retained BY the Inspector.
hereby levied upon all oysters caught
within the limits Of the State of Maryland,
unloaded from vessels at the place In Mary
ther shipped in bulk in vessels. to be
charged equally to the buyer and seller,
but to be paid weekly to the Comptroller
Of the State Treasury or his agent by the
spector shall be mailed by him weekly to
the Comptroller or his agent and In case
the amounts Of money shown to be due be
Comptroller or his agent, which IL hereby
required to be done, the properties Of the
parties SO indebted may Be levied on and
sold by the Comptroller Or his agent as in
cases Of taxes in default, without other
process Of law; the, said inspection levied
Is also made charge on oysters caught
within the limits Of the State Of Maryland
others selling BY less than the cargo; and
also an inspection charge Of six cents per
barrel containing not more than three
bushels Of oysters caught within the linn
caught within the limits Of the State Of
Maryland contained in bags an inspection
charge of four cents per bag containing
portation companies carrying oysters in
the shell caught within the limits Of the
State Of Maryland, consigned to Baltimore,
shall furnish to the inspector or collector
showing the number Of bushels on board
on arrival Of steamer and to whom con-
signed, and the inspectors are charged
with the duty Of seeing that the proper
returns are made for the purpose of this
sestion by such commission merchant or
retailer, and in performance Of their duty
the said inspectors are authorized and di-
rected to visit places where oysters caught
within the limits Of the State of Maryland
in less than cargo lots are sold, and get
from such sellers statement under oath
as to the number Of bushels sold from
time to time and return to the inspectors
q certificate thereof to be forwarded to the
Comptroller as required In the case Of GER
tihcates for cargo, and the payments Of the
amounts SO found to be due shall be Himi.
iarly enforced. All oysters found within
the. State Of Maryland shall be presumed
to have been caught within the limits Of
the State of Maryland and the burden Of
proof shall be upon any one claiming to
the contrary to establish his said claim
BY clear. and satisfactory evidence; The
Commissioner Of Fisheries shall furnish
to each Of the county inspectors and dep
uty inspectors certificates In book form.
supplied with carbon paper, SO that each
Of the said triplicate certificates shall be
exactly the same; the form Of the certif-
cate shall be as follows: