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Session Laws, 1939
Volume 581, Page 773   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 773

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 1) of this
Article, shall be deemed guilty of a misdemeanor and, upon
conviction before any justice of the peace or court of com-
petent jurisdiction, shall be fined the sum of nor 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 line or im-
prisonment said cargo shall be confiscated and returned to
natural beds or bar under the supervision of the oyster in-
spector or other officer making the arrest, and at the expense
of the violator, which expense shall be in addition 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 line.
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 oper-
ating for the purpose of catching, shucking, packing or can-
ning oysters. In case there is an appeal or waiver of trial
before justice of the peace, in order to provide for the dis-
position of any oysters that have been declared unmerchant-
able, 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
supervision the recalling is done, after ascertaining the
quantity of unmerchantable 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 the natural beds or bars under the supervision of the officer.
The cost of reculling and expenses incident to same shall be
borne by the violator.

SEC. 6. And be it further enacted, That a new section be
and the same is hereby added to Article 72 of the Annotated
Code of Maryland (1935 Supplement), title "Oysters", sub-
title "General Measurers and Inspectors'', said new section
to be known as Section 81, to follow immediately after said
sub-title and to read as follows:

81. Each county inspector or deputy inspector shall in-


 

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Session Laws, 1939
Volume 581, Page 773   View pdf image (33K)
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