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ART. LXXII] MEASURERS AND INSPECTORS. 515
that he will funiish such weekly reports showing correct number of
oysters purchased by him during the preceding week. The said oaths
may be made before any general measurer and inspector or special
measurer, each of whom is hereby authorized and directed to administer
such oaths without charge, or before any notary public or justice of the
peace.
1904, art. 72, sec. 73. 1894, ch. 380, sec. 62. 1898. ch. 449. 1900, ch. 380.
1906, ch. 188, sec. 73. 1916, ch. 702. sec. 75.
75. The general measurers and inspectors for Baltimore City shall
receive a salary of one hundred dollars per month each, and all other
general measurers and inspectors provided for by Section 69 shall re-
ceive a salary of fifty dollars per month each, the said salaries to be
paid only during the oyster season and for those months in which said
general measurers and inspectors are actually engaged in the perform-
ance of the duties of their respective offices. Any person who shall vio-
late any of the provisions of section 69, 70, 72 to 75, inclusive, of this
Article, or who shall interfere with the general measurers or inspectors
of oysters or the special inspectors in the discharge of their duties, shall
be deemed guilty of a misdemeanor, and, upon conviction before any
justice of the peace or court of competent jurisdiction, shall pay a fine
of fifty dollars and costs, one-half of said fine to the informer, unless
he be an officer under this Article, and the other half to the Comptroller,
to the credit of the oyster fund. In default of payment of fine and
costs, the party convicted shall be confined in jail for not more than
twenty days. Each and every inspector shall report monthly to the
Conservation Commission, or oftener, if required by them, concerning
all the oysters which may be disposed of within his inspection district,
and such reports shall be a full and complete account of all sales of
oysters that have been made within such districts. The Commission
may at any time for good cause shown suspend or remove any inspector
from office.*
Oyster Culture.
85.
Intent and policy of the act of 1906. chapter 711. The act of 1914, chap-
ter 265, is not in conflict with article 1, section 10 of the Federal Constitu-
tion, or article 3. section 40 of the Maryland Constitution. A leasehold
interest acquired from the state is subject to condemnation for public use.
Even if the act of 1914 directed the ascertainment of natural beds and
bars by a different Standard from that required by the act of 1906, the
former act did not violate the contractual rights of a lessee under the lat-
ter act. The taking of oysters by the public under license from the state,
from lands and waters owned by it, is a public use. although such taking
is limited to the citizens of the county within whose territory the fishery
is located. A plea of res adjuticata in a suit under the act of 1914. not
sustained. Cox v. Revelle, 125 Md. 579. And see Shellfish Commissioners
v. Mansfield, 125 Md. 633.
See notes to article 72, section 96B.
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*Section 2 of the act of 1916, chapter 702, provides for the repeal of all acts or
parts of acts inconsistent with said act of 1916.
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