The midland journal. (Rising Sun, Md.) 1885-1947, 1940-11-01

fore any Justice Of the peace. or court Of
competent Jurisdiction shall be fined the
sum of not less than ten dollars ($10) nor
more than iifty dollars $50 and any per-
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 9 Of this Article. shall be
deemed guilty Of misdemeanor and, upon
conviction before any justice OF the peace
or court Of competent Jurisdiction, shall Be
fined The o sSm Of mot less than Fifty Dol
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
Gated and returned to natural beds or bar
under the supervision Of the oyster inspec-
tor or other officer making the arrest,
expense n shall iP be- In addition to the ne
imposed and collectible in the same man.
ner, and the boat or vessel shall be held
as security for. the payment of said hne.
II the vi0lator has taken oysters only with
tongs he shall be fined as above. and the
boat In which said oysters are found shall
be held as security for the payment Of said
justice. Of the peace or judge may, In q
case where the violator has been previously
convicted Of violating the provisions Of this
yo Sa be
for the purpose Of catching, shucking,
packing or canning. oysters. In case there
Is an appeal or waiver Of trial before jus
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
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
number Of bushels Of such understandable
oysters and the said captain or other per-
son shall return said understandable Oys-
ters 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.
a new section be and the same is hereby
added to Article " Of the Annotated Code
of Maryland Q935 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
and the other retained By the inspector.
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
ha .nlI1 III In, nao
the amounts Of money shown to be due be
not paid in one week thereafter to the
Comptroller or his agent. which is hereby
to be aede a ne y of hs
sold by the Comptroller or his agent as in
cases of taxes In default, without other
process Of law; the said inspection levied
within the limits of the State Of Maryland
and sold by commission merchants and
others selling by less than the cargo; and
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
charge Of four cents per bag containing
not more than two bushels; and all trans
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
Of oyster tax, copy. Of their manifest
showing rne uumDef OF DuBuelB ON DOdFU
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 Of.
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
a 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
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 certih-
cate shall be as follows: