OYSTERS. 2275

ments of the amounts so found to be due shall be 'similarly 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 anyone claiming to the contrary to establish his said
claim by clear and satisfactory evidence. All such general measurers and in-
spectors or special inspectors may be removed at any time by the Conserva-
tion Commission for neglect or malfeasance in office. The said Commission
shall furnish to each of the said special inspectors certificates in book
form, supplied with carbon paper, so that each of the said triplicate certifi-
cates shall be exactly the same; the form of the certificates shall be as
follows:

..................... 19...

I hereby certify that I have this day inspected for captain ..........

........... schooner ..................... a cargo of oysters caught

within the limits of the State of Maryland, sold to ................

......... and found the same to contain .......... bushels of mer-
chantable oysters and .......... bushels of unmerchantable oysters.

(Signed) ....................

The provisions of this section shall apply to all oysters caught within
this State and about to be shipped outside of the State, and the tax shall
be collected from the captain of the vessel or the owner of the cargo in all
cases where oysters are about to be shipped out of the State. The inspec-
tion tax on oysters shall attach irrespective of actual sale of oysters and
shall be effective prior to shucking and shipping same.

Sec. 69 of the act of 1910, ch. 413, held unconstitutional as an interference with
interstate commerce. Foote v. Stanley, 58 L. Ed. 698.

Sec. 69 of act of 1910, ch. 735 (p. 211). was declared unconstitutional in case of
Foote v. Claggett, 116 Md. 229. And see Foote v. Stanley, 117 Md. 337 (reversed in
58 L. Ed. 698).

Where tax imposed by act of 1910, ch. 413, was paid between time that court of
appeals upheld that law and time that it was declared unconstitutional by United
States supreme court, mandamus will not issue to compel Governor and officers of
treasury department to recommend refund of such taxes, in accordance with art. 3,
sec. 33, of the state Constitution. Foote v. Harrington, 129 Md. 125.

An. Code, sec. 71. 1914, ch. 154. 1916, ch. 702, sec. 71. 1922, ch. 279, sec. 71.

82. The special inspectors provided for in Section 81 of this Article
shall likewise inspect in the manner set forth in said Section 81 all
oysters caught beyond the limits of the State of Maryland and brought
within said State, and an inspection charge of two-thirds of a cent per
bushel is hereby levied in order to help defray the expense of such inspec-
tion upon all oysters unloaded from vessels at the place in Maryland
where said oysters are to be no further 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 buyers; the cer-
tificate given the general measurer and inspector shall be by him mailed
weekly to the Comptroller, or his agent, and in case the amounts of money
shown to be due be not paid in one week thereafter to the Comptroller, or
his agent, which is hereby required to be done, the properties of the parties