2686 ARTICLE 72

ing house, a certificate showing the number of bushels of such unmerchant-
able oysters and the said captain or other person shall return said unmer-
chantable oysters so culled out to the natural beds or bars under the super-
vision of the officer. The cost of reculling and expenses incident to same
shall be borne by the violator...

This section referred to as indicating that sec. 9 applies only to oysters taken from
the waters of -this state. Tyler v. State, 93 Md. 310.
See sec. 19 and notes to secs. 8 and 9.

[11. Any person, firm or corporation engaged in catching oysters with
rakes or tongs, or selling oysters so caught, in violation of any provision of
Sections 8 and 9 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 ten dollars ($10) nor
more than fifty dollars ($50) and any person, firm or corporation engaged
in catching oysters by means of dredges, or selling oysters so caught, or
buying or packing oysters in violation of any provision of Sections 8 and 9
of this Article, shall be deemed guilty of a misdemeanor and, upon convic-
tion before any justice of the peace or court of competent jurisdiction, shall
be fined the sum of not less than Fifty Dollars ($50.00) 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 imprison-
ment said cargo shall be confiscated and returned to natural beds or bar
under the supervision of the oyster inspector or other officer making the
arrest, and at the expense of the violator, which expense shall be in addi-
tion to the fine imposed and collectible in the same manner, and the boat or
vessel shall be held as security for the payment of said fine. If the violator
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 fine. In addition to the above penalties the justice of the peace or
judge may, in a case where the violator has been previously convicted of
violating the provisions of this sub-title, suspend or revoke the license
under which said violator may be operating for the purpose of catching,
shucking, packing or canning oysters. In case there is an appeal or waiver
of trial before justice 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 officer
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 super-
vision the reculling is done, after ascertaining the quantity of unmer-
chantable 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 unmerchantable oysters and the said captain or
other person shall return said unmerchantable oysters so culled out of ¹ the
natural beds or bars under the supervision of the officer. The cost of recull-
ing and expenses incident to same shall be borne by the violator.]²

An. Code, 1924, sec. 12. 1922, ch. 519, sec. 11A.

12. All the provisions of this Article relating to the inspection and
culling of oysters and the imposition of penalties for the violation of the

¹ The word "to" evidently intended.

² This section, as proposed to be amended by Ch. 353, 1939, but as said Act is to be
voted upon at the November election, 1940, this section will not become effective
unless approved by a majority of the voters voting thereon. If said Act is approved,
this section will become effective Dec. 5, 1940.