The Montgomery advertiser., 1909-09-16


 any return shall be perjury and pun ishabie as provided in other cases of perjury Taxes shall be collected by the Chief Deputy Commissioner under this section.
 Sec. II. Disposition Of Moneys- That all money received or obtained by the Commission by the payment of taxes. the issuance of licenses or In any other manner under the provisions of this act, except the sum of Fifty Cents for each license to be retained by the Secretary. shall be paid over to the State Treasurer, and shall con- stitute q fund to be known as the Oyster Protection Fund.
 Sec. IT, Oysters to be Culled-That all 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 culied, provided, the small oysters and shells can be safely separated from the large oys- ters, and all young oysters measuring less than three inches from hinge to mouth. and all dead shells shall be returned. when practicable, to the bed or bar from which taken, and 1t shall be unlawful for any person to remove from public reefs or beds where taken any oysters without, as soon as prac- ticable. culling the same and return ing all dead shells and young oysters 10 the same reefs from which taken.
 Sec. 13. Percentage of Small Oysters and Shells.-That no captain or per- sons in charge of any vessel shall have oysters in his or her possession or of- fer for sale. in this State, oysters taken from the public oyster reefs or pri- vate bedding grounds which contain more than 10 per cent by measure of shells and small oysters and in order that the Chief Deputy Commissioner may arrive at the percentage of un- culled oysters, he shall cause to be culled. according to law, every tenth barrel in the cargo. if he deem it nec- essary: if the cargo upon this basis of percentage prove unculled, in vio- lation of the law. the Chief Deputy Commissioner shall cause the same to be reculled, and the young oysters and dead shells to be taken to some place designated by the Chief Deputy Com missioner, and he shall proceed 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 pos- session, except on bottoms legally leased for oyster culture, and bottoms belonging to riparian owners, oysters uot SbtACo oSNSANAAS ho i6ns
 Sec. 15.-To Patrol Oyster Grounds. That the Board of Oyster Commis- sioners may provide the Chief Deputy Commissioner 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 private bedding grounds are properly culled, and all oysters and shells returned to the Bed when taken. Such Chief Deputy Com missioner and his Assistant Deputy hereby clothed with the power to ar- rest any person or persons caught in the act of violating any of the pro- visions of this Act, and to take him or them for trial before @ justice of the peace in Baldwin County, or be- fore a Justice of the Peace in Mobile County, or before the Inferior Criminal Court of Mobile County, depending upon whether the offense be commit ted 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 vessel, when call ed on by the officer of the Commission so to do, to assist that officer both in person and with his boat and crew in making arrests when any. person sought to be arrested shall attempt to escape or resist arrest, and any mas ter or member of a crew of licensed vessel. as aforestated, falling to assist any officer of the Commission when called on 50 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 authority to arrest without warrant except in cases of one caught in tn eact of viola tion of this Act. but he may arrest any person charged with a violation of this Act, upon proper warrant.
 Sec. Is. Boats and Crews.-That the Board of Oyster Commissioners shall provide the necessary boat and engage the necessary crew to be employed by the Chief Deputy Commissioner in pa- trolling the waters of the State. as aforesaid. and all expenses therefor shall be audited and allowed by the Board of Oyster Commissioners at any regular meeting or any meeting called therefor, not to exceed In amount $16O per month. exclusive of the salary for the Chief Deputy Commissioner. as fixed by this Aact.
 Sec. IT. To Spread Oyster Beds That during the season between the first day of May and the first day of Sep tember in each year, the Chief Deputy Commissioner, under the direction and control of the Board of Oyster Com missioners, may employ additional boats, crews and laborers and shall take the oysters in the waters of Ala bama 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 en- iarged thereby. and the Board of Cys- ter Commissioners, in transplanting and spreading shells may expend such sums out of the oyster Protection Fund" as may be available after pay 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 Protection Fund" on the warrant of the Auditor. Whenever an allowance Is made by said Board. a certificate shall be issued to the per- son to whom such allowance Is made, which certificate, with a copy of the account on which the allowance Is made, shall be presented to the Gov ernor, and when the Governor shall have endorsed 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 possession. between the first day of May and the first day of September in any year; provided. that this section shall not prevent trans
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