OYSTERS 2713

of Maryland in less than cargo lots are sold, and get from such sellers,
a statement under oath as to the number of bushels sold from time to
time and return to the general measurers and inspectors a certificate
thereof to be forwarded to the Comptroller as required in the case of cer-
tificates for cargoes, and the payments of the amounts so found to be due
shall be similarly enforced. All oysters found within the State of Mary-
land 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.
All such general measurers and inspectors or special inspectors may be
removed at any time by the Conservation Commission for neglect or mal-
feasance 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 certificates shall be exactly the same;
the form of the certificates shall be as follows:

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

I hereby certify that I have this date 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 merchantable oysters and......... bushels

of unmerchantable oysters.

Signed......................

Sec. 69 of the act of 1910, ch. 413, held unconstitutional as an interference with inter-
state 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.

[75. 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 make a certificate
of the number of bushels in triplicate, one of which shall be given to the
purchaser, one to the seller and the other retained by the inspector: An
inspection charge of 2c per bushel is hereby levied upon all oysters caught
within the limits of the State of Maryland, 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 certificate retained by the inspector shall be mailed by him
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
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 in-
spection charge of 2c per bushel hereby levied is also made a charge on

¹ This section repealed by Ch. 353, 1939, but as Act is subject to referendum vote at
the November election, 1940, this section will not be repealed unless a majority of
the voters voting thereon are in favor of said Act. If said Act is approved, this section
will be repealed as of Dec. 5, 1940.