2698 ARTICLE 72

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.
¹ See sec. 27.......

An. Code, 1924, sec. 38. 1912, sec. 36. 1904, sec. 35. 1894, ch. 380, sec. 34. 1900, ch. 380.

39. 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 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. 37.

An. Code, 1924, sec. 39. 1912, sec. 37. 1904, sec. 36. 1894, ch. 380, sec. 35.

40. The board of public works shall have power to remove any officer
o'f said force for neglect of duty or incompetency; and the commander of
the force shall have power to. suspend any officer of the force for a period
not exceeding thirty days for any neglect of duty; and any officer com-
manding in said force shall have power to remove any subordinate under
his. command and to appoint a person to fill the vacancy whenever the inter-
est of 'said service may, in his judgment, require him so to do.¹

1 Secs. 37-49 repealed by Ch. 353, 1939, but as this Act will be voted on at the No-
vember election, 1940, under petition, these sections will not be repealed unless said
Ch. 353 is approved at said election. If said Act is approved, these sections will be
repealed as of Dec. 5, 1940.