772 LAWS OF MARYLAND. [CH. 353

out of reports, and upon other phases of their duties, as deter-
mined by the Commission. No person shall be appointed as a
county inspector or deputy inspector until he shall have passed
a physical examination to be given by a physician selected by
the Commission.

12C. It shall be the duty of the Commissioner to promote
the advertising of the seafood products of this State and to
prepare such advertising or other matter as it may deem
advantageous to the welfare and improvement of the seafood
industry, and shall cooperate with the seafood industry in
any lawful manner it may deem proper for the benefit of the
fisheries.

12D. All sums of money provided to be paid to the Con-
servation Department under the provisions of Section 13 of
Article 39 of the Annotated Code, as enacted by Chapter 471
of the Acts of 1929, shall hereafter be paid over to the Com-
mission of Fisheries and be annually expended by it in the
propagation of tidewater fish.

SEC. 5. And be it further enacted, That Sections 9 and 11
of Article 72 of the Annotated Code of Maryland (1935 Sup-
plement), title "Oysters", sub-title "Culling", be and the
same are hereby repealed and re-enacted, with amendments,
to read as follows:

9. Any person who shall have oysters in his possession
which contain more than eight per cent, of shells, and oysters
less than three inches from hinge to mouth (whether adhering
to marketable oysters or not), which for the purpose of this
Article are declared to be unmerchantable oysters, shall be
guilty of a misdemeanor, and in ascertaining such percentage
any county inspector and deputy inspector is hereby author-
ized and directed to select such amount of oysters from any
pile, hold, bin, house or other place as he may think proper,
and to require the same to be culled and disposed of, as pro-
vided in Section 11 of this Article and any person violating
any of the provisions of this Section shall be subject to the
penalties and fines as provided in Section 11 of this Article,
in precisely the same manner as if he were a captain of a boat.

11. Any person, firm or corporation engaged in catching
oysters with rakes or tongs, or selling oysters so caught, in
violation of any provision of Sections 8 and 9 of this Article
shall be deemed guilty of a misdemeanor, and upon convic-
tion before any justice of the peace or court of competent
jurisdiction shall be fined the sum of not less than ten dollars
nor more than fifty dollars ($50) and any person, firm