FRANK BROWN, ESQUIRE, GOVERNOR.

389

21. It shall be unlawful for any person or persons to take

or catch oysters, or to have oysters in his or their possession,

When un-

between the twentieth day of April and the first day of

lawful to
catch

September, in each and every year ; provided, that oysters

oysters

caught before the twentieth day of April, may be disposed

of at any time before the twentieth day of April ; provided,

that this section shall not prevent transportation companies

from carrying oysters brought from other States, nor hotel

and restaurant keepers, or private persons, from purchasing

oysters outside of the State of Maryland, nor shall it be con-

strued to prevent any person from taking oysters for private

nse, or transplanting or cultivating, not for sale at any time

from his private beds within the State ; persons violating

the provisions of this section shall be deemed guilty of a

misdemeanor.

21 A. Any person who shall violate any provisions of

sections twenty to twenty -one A inclusive, of this act, shall

Penalty

be deemed guilty of a misdemeanor, and upon conviction

thereof before any tribunal of competent jurisdiction for

such offences in this State, shall be fined not less than twenty-

five dollars, nor more than three hundred dollars, in the

discretion of the judge of the court or tribunal in which such

person shall be tried, or imprisoned in the county or city

jail, or in the house of correction, for not less than one

month, nor more than twelve months, in the discretion of

the judge or justice trying the same; provided, however,

that any owner, master or person in charge of a canoe, boat

or vessel used in taking or catching oysters with rakes or

tongs, who shall be convicted of having in possession, on

said canoe, boat or vessel, oysters containing more than five

per cent, of shells and small oysters, as provided, in section

twenty A, shall be fined a sum not less than ten dollars

nor more than fifty dollars, in the discretion of the judge

of the court, or the justice of the peace before whom

such person shall be tried ; and one-half of every fine

imposed for aviolation of this act shall be paid to the

informer, and such informer shall be entitled to receive the

same though he be an officer of the State or of any city or

county therein.

28. The Board of Public Works shall have power to

remove any officer of said force for neglect of duty or incom-

Board of

petency, and the commander of the force shall have power

Public
Works

to suspend any officer of the force for a period of not exceed-

ing, thirty days for any neglect of duty, with the consent of

the said Board of Public Works, and any officer command-

ing in said force, shall have power to remove any subordi-

nate under his command, and appoint a person to fill the