The Birmingham age-herald., 1909-09-16

1 sec. II. Disposition or Moneys.-Inai | all money received or obtained by the | Commission by the payment of taxes. the 1 issuance of licenses or in any other man.
 ner under the provisions of this act ex- cept the sum of Fifty Cents for each li- ] cense to be retained by the Secretary shall be paid over to the State Treasurer 1 and shall constitute a fund to be known es the Oyster Protection Fund.
 Sec 12. Oysters to be Culled.-That an oysters taken from the public reefs and private bedding grounds of the waters of this State, either with scoops. tongs or other instruments, or appliances. shall be culled, provided the small oysters and shells can be safely separated from the large oysters, and all young oysters meas
 uring less than three inches from hinge to mouth, and all dead shells shall be re- turned, when practicable. to the bed or bar from which taken, and it shall be un- lawful for any person to remove from public reefs or beds where taken any oysters without, as soon as practicable, culling the same and returning all dead shells and young oysters to the same reefs from which taken.
 Sec. 13. Percentage of Small Oysters and Shels.-That no captain or persons in charge of any vessel shall have oysters in his or her possession or offer for sale, in this State, oysters taken from the pub lie oyster reefs or private bedding grounds which contain more than 10 per cent by measure of shells and small oysters, and in order that the Chief Deputy Commits sioner may arrive at the percentage of unculled oysters, he shall cause to be culled, according to law, every tenth barrel in the cargo, if he deem 1t nec- essary; if the cargo upon this basis of percentage prove unculled, in violation of the law. the Chief Deupty Commits sloner shall cause the same to be re- culled, and the young oysters and dead shells to be taken to some place desig- mated by the Chief Deputy Commissioner, and he shall procede against said offender as the law directs for such offense.
 Sec. 14. Must Be Culled-That 1t shall be unlawful for any person to knowingly purchase or have in his possession. except on bottoms legally leased for oyster cul- ture. and bottoms belonging to riparian owners, oysters not culled according to law.
 Sec. 15. To Patrol Oyster Grounds That the Board of Oyster Commissioners may provide the Chief Deputy Commits sioner with boat or vessel with which he shall patrol, daily, the oyster waters of the State. and shall see that all oysters taken from the public oyster reefs or pri- vate bedding grounds are properly culled, ar,I al nt-n n1t. bed when taken. Such Chief Deputy Com missioner and his Assistant Deputy Com missioners shall be and they are hereby clothed with the power to arrest any per son or persons caught in the act of violat- ing any of the provision of this act, and to take him or them for trial before a justice of the peace in Baldwin County. or before a justice of the peace in Mobile County, or before the Inferior Criminal Court of Mobile County. depending upon whether the offense be committed nearer to the shores of the one county or of the other, as the case may be. It shall be the duty, of every master of a licensed ves- sel, when called on by. the officer of the Commission so to do, to assist that of- ticer both in person and with his boat and crew in making arrests when any per- son sought to be arrested shall attempt to escape or resist arrest. and any master or member of crew of licensed vessel, as aforestated failing to assist any of- ficer of the Commission when called on so to do, shall be guilty of violation of this act. and shall be subject to It's penalties No officer of the Commission has any ,tfb 10 xn,{fh eept in cases of one caught in the act of violation of this Act but he may arrest any person charged with a violation of this Act upon proper warrant.
 Sec. 16. Boats and Crews.-That the Board of Oyster Commissioners shall pro- vide the necessary boat and engage the necessary crew to be employed by the Chief Deputy Commissioner in patrolling the waters of the State. as aforesaid and all expenses therefor shall be audited and allowed by the Board of Oyster Commits sioners at any regular meeting or any meeting called therefor, not to exceed in amount s150 per month, exclusive of the salary for the Chief Deputy Commission CT. as fixed by thls Act.
 Sec. r. To Spread Oyster Beds.-That during the season between the first day of May and the first day of September in each year, the Chief Deputy Commission CT, under the direction and control of the Board of Oyster Commissioners, may em- ploy additional boats, crews and laborers and shall take the oysters in the waters of Alabama from places where they are too thick, and shall spread them on reefs where they are too thin; provided, that the oysters shall not be kept out of water longer than four hours; and shall carry shells from the factories and spread them in places where the oyster beds can be improved and enlarged thereby, and the Board of Oyster Commissioners, in trans planting and spreading shells, may ex- pend such sums out of the Oyster Pro- tection Fund" as may be available after paying the annual expenses of enforcing this Act.
 Sec. IS. How Expenses are to Be Paid That all expenses of enforcing this Act, together with the salaries of the officers herein provided for, shall be paid by the State Treasurer out of the Oyster Pro- lection Fund" on the warrant of the Au- ditor. Whenever an allowance is made by said Board. certificate shall be issued to the person to whom such allowance is made, which certificate with copy of account on which the allowance Is made, shall be presented to the Governor, and when the Governor shah have en- dorsed his approval thereon, the Auditor shall issue his warrant therefor.
 Sec 19 The Closed Season.-That 1t shall be unlawful for any person to catch or take oysters or have oysters taken from the public oyster reefs in his or her pos the first day of September in any year; provided, that this section shall not pre- vent transportation companies from carry ing oysters from other States through this State, nor shall oysters be taken from the public reefs between the first day of May