2720 ARTICLE 72

shall further provide that the licensee must turn over to the State of
Maryland at least ten per cent, of the shells from the oysters shucked in
his establishment for the current season, said shells to be removed on or
before the twentieth day of August 'of said season; or at the discretion of
the Conservation Department its equivalent in money, the value thereof
being determined at the market value of shells as of the first day of May
following the close of the season. The Conservation Department shall
notify each packer or canner on or before the first day of May whether it
is its intention to take the ten per centum of the shells from oysters shucked
as aforesaid, or its equivalent in money. Said license shall have effect
from the first day of September in the year in which it may have been
obtained until the twenty-fifth day of April, inclusive, next succeeding.

Act 1927, ch. 119, is constitutional. Interest to state and of individual in oysters
and fish. License fees. Discretion in conservation department. Leonard v. Earle, 155
Md. 254.

Constitutionality of secs. 85 and 86 affirmed by U. S. Supreme Court. Leonard v.
Earle, 279 U. S. 392.

The tax imposed by this section applies to oysters shipped from another state to
packer in this state, as well as to oysters taken in this state. This section is constitu-
tional. Applegarth v. State, 89 Md. 141; State v. Applegarth, 81 Md. 296. (Both cases
decided prior to acts of 1900, ch. 380, and 1906, ch. 188.)

This section is constitutional. It imposes a tax on occupation, and not on property.
State v. Applegarth, 81 Md. 296; Applegarth v. State, 89 Md. 141. (Both cases
decided prior to the act of 1900, ch. 380, and the act of 1906, ch. 188.)

This section referred to in construing secs. 34 and 35. Smith v. School Commissioners,
81 Md. 517.

Cited but not construed in Foote v. Claggett, 116 Md. 233.

1927, ch. 119, sec. 91A.

86. All moneys derived from said license fee of twenty-five dollars
shall be paid over to the Comptroller to be credited to the Conservation
Fund, and one-half of the shells received by the Conservation Department
shall be transplanted upon such natural beds or bars as may be reserved by
the Conservation Commission as provided for elsewhere in this Article,
and the other one-half of said shells shall be planted on such seed areas as
may be set aside by the Conservation Commission for seed oysters. In
case money is paid in lieu of the ten per cent of shells, the Conservation
Commission shall convert same into shells or seed oysters to be trans-
planted in like manner.¹
See notes to sec. 85.

An. Code, 1924, sec. 92. 1922, ch. 519, sec. 2.

87. All Acts or parts of Acts inconsistent with sections 6, 11, 12, 19,
22, 28 and 85 are hereby repealed. In case any of said sections or pro-
vision of said sections shall be held unconstitutional or invalid, the same
shall not be held to affect any other section or provision of said sections.

An. Code, 1924, sec. 93. 1912, sec. 80. 1904, sec. 78. 1894, ch. 380, sec. 67. 1900, ch. 380.

1906, ch. 188, sec. 78.

88. If any person, firm or corporation shall engage or attempt to en-.
gage in the business of packing or canning oysters without first obtaining a
license, as provided in section 85 he shall be deemed guilty of a misde-
meanor, and shall be fined not less than two hundred and fifty dollars, nor
more than one thousand dollars for each offense.
See notes to sec. 85.

¹ Sec. 3 of ch. 119 of acts of 1927 repealed all laws inconsistent therewith to extent
of such inconsistency.