OYSTERS 2723

use. Even if act of 1914 directed ascertainment of natural beds and bars by a different
standard from that required by act of 1906, the former act did not violate contractual
rights of a lessee under latter act. The taking of oysters by public under license from
state, from lands and waters owned by it, is a public use, although such taking is
limited to citizens of county within whose territory fishery is located. A plea of
res adjudicata in a suit under act of 1914 not sustained. Cox v. Revelle, 125 Md. 579.
And see Shellfish Commissioners v. Mansfield, 125 Md. 633.
See notes to sec. 108.

1933, ch. 302.

94. It shall be unlawful to plant, cultivate, or introduce into any of
the waters of the State any species of oyster whatever, except the species
Ostrea virginica. Any person violating the provisions of this section shall
be deemed guilty of a misdemeanor, and shall, upon conviction, be subject
to a fine of five hundred dollars ($500.00) or imprisonment for not less
than one year, or both.

It shall be the duty of the Conservation Commission to immediately
seize, confiscate and remove any oysters planted or introduced in violation
of this section.

1935, ch. 553.

95. It shall be unlawful for any person to plant, import or transport
any seed or merchantable oysters in the State of Maryland from another
State, or from one locality to another in this State, or to introduce seed or
merchantable oysters into any of the waters of this State, when the same
are infected by (Urosalpinx cinerea Say), commonly known as the oyster
drill or screw borer. It shall be the duty of the Conservation Commission
to inspect all oysters imported into the State for the purpose of planting,
and it is authorized to seize, condemn and destroy any infected oysters so
found. The Conservation Commission is further authorized to seize, con-
demn and destroy any seed or merchantable oysters so infected wherever
the same may be found, and to close infected areas and prevent the taking
of oysters therefrom, so far as may be necessary to prevent the spread of
said oyster drill.

An. Code, 1924, sec. 99. 1912, sec. 86. 1906, ch. 711, sec. 84. 1914, ch. 265, sec. 84.

96. The Board of Shell Fish Commissioners ¹ of Maryland is hereby
created. The said Board shall consist of three members, one of whom shall
be a resident of one of the tidewater Counties of the Eastern Shore of
Maryland, another a resident of one of the tidewater Counties of the
Western Shore, and the third a resident of the City of Baltimore, and
one of whom shall be a member of the minority party at the time of their
appointment. The term of each of the members of said Board shall be
two years from the first Monday in May after his appointment. They shall
be appointed by the Board of Public Works' of the State of Maryland.
No member of said Board of Shell Fish Commissioners shall be or become
in any manner interested in any land leased or taken up for bedding,
planting or cultivating oysters. The acts and duties to be done and per-
formed by said Board under this sub-title may be done and performed
by two of said Commissioners, and in all cases the decision of a majority

¹ By ch. 682 of acts of 1916 (art. 19A) the board of shell fish commissioners was
superseded by the Conservation Commission. By ch. 29 of acts of 1922 (p. 68), the
Conservation Commission was superseded by the Conservation Commissioner and the
Conservation Commissioner was superseded by the Conservation Commission by ch 523
of .1935.

87