ART. 72] STATE FISHERY FORCE. 1573

waters of Kent county, including Swan Point bar; and the duty of the
first commander of the second district to guard the waters of Eastern
bay and its tributaries; and the duty of the second commander of the
second district to guard the tonging reservation of Poplar Island nar-
rows and the waters of Talbot county as far down as Black Walnut
Point; and it shall be the duty of one of the deputy commanders of
the third district to guard the waters of Choptank river and its tribu-
taries as far as Cambridge; and the duty of the second to guard the
waters of Little Choptank river in Dorchester county; and the third to
guard the waters of Fishing bay, Honga river, Tar bay, Hooper's straits,
Holland's straits and waters of Dorchester county up to the line divid-
ing Dorchester county from the counties of Wicomico and Somerset;
and the fourth to guard the waters of the Great Choptank river from
Cambridge up as far as oysters grow, and the remaining commanders to
guard their respective districts; provided, that the board of public
works or the commander of the fishery force are hereby authorized and
empowered to order the deputy commander to do duty in any of the
waters in the State when, in the judgment of either, the same may be
necessary.

For a case involving a conflict between a local law and the act of 1874, ch.
181, which created the "state fishery force,'' see Willing v. Bozman, 52 Md. 61.

See sec. 24.

1904, art. 72, sec. 35. 1894, ch. 380, sec. 34. 1900, ch. 380.
36. The board of public works shall have power to appoint a suit-
able person to command said force, who shall be known as the com-
mander of the state fishery force, and shall command the one steamer
that is regularly in commission as a part of the state fishery force, and
to appoint a deputy commander for each sailing vessel for their respec-
tive districts from among persons of the counties whose waters comprise
the different districts, who shall be commissioned by the governor, and
the said deputy commanders shall have power to appoint their subordi-
nates and select their crews, and the terms of office of said commanders
shall be for two years unless sooner removed for incompetency or neg-
lect of duty; and if any of the said officers shall fail in the discharge
of his duty by reason of collusion with parties interested in violating
any of the provisions of this article, he shall be deemed guilty of a mis-
demeanor, and upon indictment and conviction in a court of competent
jurisdiction shall be fined or imprisoned, at the discretion of the court;
no person shall be eligible to the office of commander of the state fishery
force or deputy commander who is the owner of or who has any interest
in any scrape or dredge boat, and it is hereby made unlawful for the
board of public works to appoint any such person as commander or
deputy commander of any boat or vessel in the state fishery force; the
steamers and boats belonging to the state fishery force are to be used
only on business pertaining to its official duties or on State business.
See notes to sec. 34.