The midland journal. (Rising Sun, Md.) 1885-1947, 1940-10-11

fore any Justice Of the peace or court Of
competent Jurisdiction shall be fined the
sum Of not less than ten dollars (S10) nor
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 rnisdemeanor and, upon
% s1rs sny nsss e the Sc
fined the sum Of not less than Fifty Doll
lars ($50.00) 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
under the eSsp s9 q h hS oyster s .ss
and at the expense Of the vfolator, which
expense shall be IN addition to the fine
imposed and collectible in the same man.
as security for the payment Of said fine.
II the violat0r has taken oysters only with
tongs he shall be fined as above, and the
boat in which said oysters are found shall
fine. In addition to the above penalties the
justice OF the peace or judge may. In q
case where the violat0r has been previously
Of violating the ion q sn,s
under which said violat0r may be operating
for the purpose Of catching, shucking,
packing or canning. oysters. In case there
tice Of the peace, in order to provide for
the disposition OF any oysters that have
been declared unmerchantable, the cargo
Of oysters shall remain IN the possession
Ger making the arrest until the captain OF
the boat or vessel or the packer shall have
reculled the oysters In question; and the
culiing 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
number Of bushels of such unmerchantable
oysters and the said captain or other per-
SON shall return said unmerchantable 0ys-
bars under the supervision Of the officer.
The cost of reculling and expenses incl
dent to same shall be borne by the vio-
lator.
Sec. 9. And be It further enacted That
added to Article e Of the Annotated Code
Of Maryland (1935 Supplement-, title "Oys-
ters," subtitle General Measurers and
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
Commissioner Of Fisheries, and upon the
inspection Of any such oysters, he shall
make certificate Of the number Of bush
els in triplicate, one Of which shall be
given to the purchaser, one to the seller
and the other retained by the inspector.
An inspection charge Of &c per bushel is
hereby levied upon all oysters caught
unloaded from vessels at the place in Mary
land where said oysters are to be no fur
Their shipped in bulk in vessels, to. be
charged equally to the buyer and seller,
Of the State Treasury or his agent by the
buyers; the certificate retained by the in
spector shall be mailed by him weekly to
the Comptroller or his agent and in case Sc
not paid in one week thereafter to the
Comptroller or his agent, which 10 hereby
required to. be done, the properties of the
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 q charge On oysters caught
and sold by commission merchants and
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
its Of the State OF Maryland; on oysters
caught within the limits Of the State Of
Maryland contained in bags an inspection
not more than two bushels; and all trans
portation companies carrying oysters IN
the shell caught within the limits Of the
shall furnish to the inspector or collector
Of oyster tax, a copy OF their manifest
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
section by such commission merchant or
retailer, and In performance Of their duty
the said inspectors are authorized and d.
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 q 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
tificates for cargo, and the payments Of the
amounts SO found to be due shall be SINH
larly 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 b
exactly the same; the form Of the certih.
cate shall be AZ follows: