The midland journal. (Rising Sun, Md.) 1885-1947, 1940-09-13

fore any justice Of the peace or court Of
sum Of not less than ten dollars ($10) nor
more than fifty dollars ($50) and any per-
son. firm or corporation engaged In catch
Ing oysters oysters 50 caught, or buying buying or pack
ing oysters in violation OF any provision OF
Sections 8 and 0 Of this Article, shall be
b BEFORE amy dastee Of the
or court of competent Jurisdiction, shall be
fined the sum Of not less than Fifty Dol.
lars t$50.00) nor more than One Hundred
80 days nor more than six months, either
or both, and In addition to such fine or
Imprisonment said cargo shall be confis-
under the supervision Of the oyster inspec-
tor or other officer making the arrest,
and at the expense Of the .violator, which
imposed and c0llectible In the same man
ner, and the boat or vessel shall be held
as security for the payment Of said fine.
1ns Se shs be nee as ana
boat in which said oysters are found shall
be held as security for the payment of said
fine. In addition to the above penalties the
case where the vi0lator has been previously
convicted Of violating the provisions Of this
subtitle, suspend or revoke the license
for the purpose of catching, shucking,
packing or canning oysters. In case there
Is an appeal or waiver OF trial before JUS
tice Of the peace. in order to provide for
been declared unmerchantable, the cargo
Of oysters shall remain In the possession
or custody # the inspector %. or other OIL 4,
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 ascertatning 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, a certificate showing the
number of bushels Of such understandable
oysters and the said captain or other per-
son shall return said Understandable Oys-
bars under the supervision Of the officer.
The cost Of reculling and expenses Incl
dent to same shall be borne by the vio-
lator.
a new section be and the same is hereby
added to Article 72 Of the Annotated Code
Of Maryland 1935 SUPPLEMENT-, title "Oys..
fers, subtitle Generai t,o Me as re s ana
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
make certificate Of the number Of bush.
given to the purchaser. one to the seller
and the other retained by the Inspector.
An inspection charge Of &c per bushel 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
hsr sde epqSa to o se buyer &c s
but to be paid weekly to the Comptroller
Of the State Treasury or his agent by the
buyers; the certificate retained h,, BY ths IN
the Comptroller or his agent and In case
the amounts OF money shown to be due pc
not paid In one. week thereafter to the
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
process of law; the said inspection levied
Is also made q charge on oysters caught
within the limits Of the State Of Maryland
and sold by commission merchants ana
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
portatios COMPANIES AMI ue Carrying u oysters In
the shell caught within the limits Of the
State Of Maryland. consigned to Baltimore.
sa avssr nfa ax to the se Gr anes
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 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 simi.
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 be
exactly the same; the form Of the certif-
cate shall be as follows:
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