2740 ARTICLE 72

as aforesaid by and to the said A. B., then and there, wilfully and without
authority from the said A. B., owner and lessee as aforesaid, did take and
remove oysters from the oyster lot aforesaid (or did interfere with or
injure the oysters thereon, or interfere with the stakes, etc., marking the
said lot, or have overboard any dredge, scrape, pair of tongs or other imple-
ment for taking of oysters, as the case may be), knowing them to be
planted and bedded oysters.

An. Code, 1924, sec. 147. 1912, sec. 123. 1910, ch. 424, sec. 121 (p. 216).

144. At any trial on such an indictment, or for any offense under or
in violation of this sub-title, whereby it may become necessary to prove
the Conservation Commission present with their records, nor shall it
be necessary to have the surveyor present, but the said location may
be proven either by the original or a certified copy of the lease thereof,
and any plat of the said location made or certified to by the said Conserva-
tion Commission shall also be evidence of the said location of the said oyster
lot.

An. Code, 1924, sec. 148. 1912, sec 124. 1910, ch. 735, sec. 120 (p. 213).

145. It shall be the duty of the Conservation Commission to take such
measures as in their judgment shall seem best calculated to increase the
productivity of the natural oyster beds or bars of the State, and the expense
of so doing shall be paid out of the natural oyster bed re-shelling fund, upon
requisition made by the Conservation Commission, endorsed by the comp-
troller of the State.

This section, and secs. 146-149, if not void under the decision in Foote v. Claggett,
116 Md. 228, are rendered inoperative for all practical purposes by that decision.
And see Foote v. Stanley, 117 Md. 337 (reversed in 58 L. Ed. 698).

An. Code, 1924, sec. 149. 1912, sec. 125. 1910, ch. 735, sec. 121 (p. 213).

146. For the purpose of performing the duties imposed upon the
Conservation Commission by section 145, they shall employ a superinten-
dent of natural oyster beds, at a salary of $100.00 per month, beginning
April 1st, and ending September 30th, payable monthly, and it shall be
the duty of such superintendent,. under the direction of the Conservation
Commission, to give personal supervision to the work of re-shelling the
natural oyster beds, done by the order of the Conservation Commission.
'See notes to sec. 145.'

An. Code, 1924; sec. 150. 1912, sec. 126. 1910, ch. 735, sec. 122 (p. 213).

147. The Conservation Commission shall purchase from the lowest
responsible bidder, shall¹ at such places and in such quantities as they
may need for the purpose of re-shelling the natural beds, and in inviting
proposals for such shells they may prescribe that the shells shall be de-
livered to the superintendent of natural beds, or to his order, at some
convenient place for the shipment of the said shells, or they may require
that the said shells shall be delivered by the sellers thereof on such particu-
lar natural bed or beds as the Commission may, then be engaged in re-
shelling, and may require the seller of such shells to distribute them
under the direction and control of the superintendent of natural beds.
If they shall buy such shells to be delivered otherwise than on the natural

1 Evidently this is a typographical error in the act, the word "shells" being intended.