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 ($10) nor
son, firm or corporation engaged In catch
ing oysters by means Of dredges, or SELL
ing oysters SO caught, or buying or pack
Sections and Of this Article. shall be
deemed guilty Of a misdemeanor and upon
conviction before any Justice Of the peace
or court OF competent }urisdietion,, t snai n 9e
lars ($50O0) nor more than One Hundred
Dollars or confined In jail not less than
80 days nor more than six months, either
imprisonment said cargo shall be conds-
Gated and returned to natural beds or bar
under the supervision Of the oyster tnspec-
and at the expense Of the violator, which
expense shall be In addition to the fine
imposed and collectible IN the same man
ner, and the boat or vessel shall be held
as security for the payment Of said hne.
If 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 yiolator has been previously
convicted Of violating the prSvis ion Sf this
under which said violator 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
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
packing house, certificate showing the
number of bushels of such understandable
oysters and the said captain or other per-
tiers SO culled out Of the natural beds or
bars under the supervision of the ofiicer.
The cost of reculling and expenses incl
dent to same shall be borne by the vio-
lator.
Z Sec g. And be 1t further enacted, That
a new section be and the same is hereby
added to Article 72 of the Annotated Code
Of Maryland q935 Supplement-, title "Oys;;
ters," subtitle 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
district to which he is assigned by the
Commissioner of Fisheries, and upon the
inspection Of any such oysters, he shall
els In triplicate, one of which shall be
given to the purchaser, one to the seller
and the other retained by the inspector.
An eHaa charge Of &c pe eusa y
within the limits of the State of Maryland,
unloaded from vessels at the place in Mary
land where said oysters are to be no fur
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 10 hereby
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 a 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 ak cents per
barrel containing not more than three
% b Of e. the
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,
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 O 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
tifcates 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 he
exactly the same; the form Of the certih-
cate shall be as follows: