Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1940-08-09
CONTINUED from Page 49,


competent Jurisdiction shall be fined the
sum of not less than ten dollars tS10) nor
more than fifty dollars ($JO) and any per-
son, firm or corporation engaged in catch
ing oysters by means of dredges, or sell
ing oysters so caught, or buying or pack.
Ing oysters in violation of any provision of
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 jurisdiction, shall be
fined the sum of not less than FIFTY Dol,
lars ($50.0O) nor more than One Hundred
Dollars or confined in jail not less than
30 days nor more than six months. either
or both, and in addition to such fine or
Imprisonment said cargo shall be confis
Gated and returned to natural beds or bar
under the supervision of the oyster inspec-
and at the expense of the violator which
expense shall be In addition to the fine
imposed and collectible In the same man;
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 a
case where the yiolator has been previously
convicted Of violating the provisions Of this
ub-title, 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 understandable
oysters and the said captain or other per-
son shall return said understandable Oys-
tiers so culled out of the natural beds or
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. 6. And be it further enacted, That
new section be and the same is hereby
added to Article ~ of the Annotated Code
of Maryland C193J 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
inspector shall inspect all oysters in the
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 Had charge of &c per bushei is
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
Their 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 is 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
and sold by commission merchants and
others selling by less than the cargo; and
also an inspection charge Of six cents per
bushels of oysters caught within the linn
its of the State of Maryland; on oysters
caught within the limits of the State of
d edt in bags an
not more than two bushels; and all trans
Rortation companies carrying. oysters in
State Of Maryland. consigned to Baltimore,
shall furnish to the inspector or collector
OF oyster tax, 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 a statement under oath
as ITO the number Of bushels sold from
time to time and return to the inspectors
2 certificate thereof to be forwarded to the |
Comptroller as required in the case of Ger
!lncates for cargo, and the payments of the |
amounts so found to be due shall be SINH |
arly enforced. All oysters found within
The. State of Maryland shall be presumed |
% have been caught within the limits of |
he state of Maryland and the burden of |
proof shall be upon any one claiming to |
.hs contrary, to establish his said claim
Commissioner of Fisheries shall furnish
% each of the county inspectors and dep
lty inspectors certificates in book form,
supplied with carbon paper. so that each
If the said triplicate certificates shall be
exactly the same; the form of the certii-
.ate shall be as follows:
I hereby certify that I have this date