2256 ARTICLE 72.

seventh, which shall be guarded by two each; and it shall be the duty of
the deputy commander of the first district to guard the waters of Chester
river belonging to Queen Anne's county, and the 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 narrows 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 tributaries 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 dividing 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 remain-
ing 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. 26.

An. Code, sec. 36. 1904, sec. 35, 1894, ch. 380, sec. 34. 1900, ch. 380.

38. The board of public works shall have power to appoint a suitable
person to command said force, who shall be known as the commander of
the state fishery force, and shall command the one steamer that is regu-
larly in commission as a part of the state fishery force, and to appoint a
deputy commander for each sailing vessel for their respective 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 subordinates and select
their crews, and the terms of office of said commanders shall be for two
years unless sooner removed for incompetency or neglect of duty; and if
any of the said officers fail in the discharge of his duty by reason of collu-
sion with parties interested in violating any of the provisions of this arti-
cle, he shall be deemed guilty of a misdemeanor, and upon indictment and
conviction in a court of competent jurisdiction shall be fined or im-
prisoned, 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. 36.