2404. Inspectors, how appointed; term; salary; bond; oath of office. The oyster commissioner shall appoint, from the counties within which they are to perform their duties, a sufficient number of inspectors who shall serve during the oyster season, and may remove them for cause. He shall fix the compensation of the inspectors at not exceeding fifty dollars a month while on duty, and shall designate the length of service, the time when the inspectors go on duty, and when they go off. The inspectors shall give bond in the sum of five hundred dollars, payable to the state of North Carolina, conditioned for the performance of the duties of their office, and the faithful accounting for all moneys received, which bond shall have at least two sufficient sureties, to be justified before approved by and filed with the clerk of the superior court of the county where they reside, and shall take, subscribe and file with such clerk an oath of office. They shall be paid only for the time they serve.

1903, c. 516.

2405. Duties of the oyster commissioner. The oyster commissioner shall have a general supervision over every branch of the oyster industry, and see that the laws regulating the same are rigidly enforced. He shall furnish the inspectors and the clerks of the superior courts of the several counties mentioned in this subchapter such receipt and record books, and other kinds of stationery as may be necessary to keep a correct record and account of all the money collected and all information necessary to be kept. Such stationery shall be furnished by the commissioner of labor and printing upon requisition of the oyster commissioner. He shall see that the law regulating the catching and handling of oysters is enforced; that no illegal methods are used in catching, selling or shipping; that the cull law is rigidly enforced, and that only proper and legal measures are used in buying and selling. He shall prosecute all violations of the law, and whenever it is necessary he may employ counsel for this purpose. He may also employ or charter sail vessels, tugs and other boats when necessary to the performance of the duties of his office. He shall in his official capacity have power to administer oaths and to send for and examine persons and papers. He shall, on or before the twenty-fifth day of each month, mail to the treasurer of the state a consolidated statement showing the amount of taxes collected during the preceding month and by and from whom collected. He shall make a biennial report to the governor, setting forth in detail an account of his official acts, the condition of the oyster industry in all its branches, and shall recommend such additions to or modifications of existing laws relating thereto as he may deem proper and necessary. He shall have power and authority and it shall be his duty to make and prescribe all such reasonable rules

and regulations as may be necessary and to carry into effect and operation the laws relative to the oyster industry according to its true intent and purposes.

1903, c. 516, ss. 3, 18.

2406. Duties of the assistant commissioner. The assistant oyster commissioner shall be charged with the special supervision, under the commissioner, of all matters relating to oyster industry in the different counties. He is particularly charged with the rigid enforcement of the cull feature of the law, the provisions against the use of illegal measures in buying or selling and the unlawful use of scoops, scrapes and dredges in the bays, creeks, straits, sounds, rivers and their tributaries and elsewhere where the same is prohibited.

1903, c. 516, s. 3.

2407. Duties of inspectors. The inspectors shall, under the commissioner and assistant commissioner, be charged with all matters. relating to the oyster industry in their respective counties; they shall inspect all oysters offered for sale in their county, see that they are properly culled, see that none of the provisions of the law regulating the oyster industry are violated, collect all taxes from dealers on oysters purchased or caught; keep a correct record of all taxes. collected by them and from whom and for what purpose collected; and on or before the fifth day of each month mail to the oyster commissioner a report, on such form as he may prescribe, showing all taxes collected by them and from whom received, and at the same time pay over to the commissioner the amount of such taxes.

1903, c. 516, s. 3.

2408. Who may be licensed to catch oysters. No person shall be licensed to catch oysters from the public grounds of the state who is owner, lessee, master, captain, mate or foreman, or who owns an interest in or who is an agent for any boat that is used or that may be used in dredging oysters from the public grounds of the state, who is not a bona fide resident of this state and who has not continuously resided therein for two years next preceding the date of his application for license, and no nonresident shall be employed as a laborer on any boat licensed to dredge oysters under this subchapter who has an interest in or who receives any profit from the oysters caught by any boat permitted to dredge oysters on the public grounds of the state. Any person, firm or corporation employing any nonresident laborer forbidden by this section, upon conviction shall be fined not less than fifty dollars nor more than five hundred dollars.

1903, c. 516, s. 6; 1905, c. 525, s. 3.

2409. How license obtained to catch oysters; who may issue; form of. Any person desiring to catch oysters from the public grounds and natural oyster beds shall make and subscribe to the following oath, before some officer qualified to administer oaths:

I, (state if owner, lessee, master, captain, mate, foreman or agent of any boat used or that may be used in dredging oysters from the public grounds of the state), being an applicant for oyster license, do solemnly swear that I am a citizen of North Carolina and have been a resident of the state for the two years next preceding this day; that my place of residence is now in.... county; that I will not, if granted license, employ any nonresident or unlicensed person as an assistant or serve as an assistant to any nonresident who is owner, lessee, master, captain, mate or foreman, or who has any interest in, or in the profits derived from, any boat that is used or that may be used in dredging oysters from the public grounds of the state, or unlicensed person, nor will I transfer, assign or otherwise dispose of my license to any person, firm or corporation; that I will not knowingly or wilfully violate or evade any of the laws or regulations of the state relating to oyster industry; so help me, God.

He shall then present to and file said oath with the oyster commissioner, assistant oyster commissioner or inspector, who, if satisfied with the truth of the statement made in the oath of application, shall issue to him an oysterman's license in the following form:

State of North Carolina,

a resident of..

County.

...county, having this day made application to me for an oysterman's license, and having filed with me the oath prescribed by law, I do hereby grant to him license to catch oysters from the public grounds of this state from the fifteenth day of October, until the first day of next April. Witness my hand and official seal, this the......day of

.19..

Oyster commissioner, assistant oyster commissioner or inspector (as the case may be).

The said oath and a record of the license shall be kept by the oyster commissioner, assistant commissioner or inspector, and for issuing and recording the same he shall receive from the applicant a fee of twenty-five cents, which, together with all other license fees collected under this chapter, shall be paid over to the state treasurer and constitute part of the oyster fund. No fee shall be charged by the clerk for administering the oath.

1903, c. 516, s. 7; 1905, c. 525, ss. 4, 6.

Note. For making false affidavit, see Crimes.

2410. License for boat used in catching oysters. The oyster commissioner, assistant oyster commissioner or inspector may grant license for a boat to be used in catching oysters, upon application made, according to law, and the payment of a license tax as follows: On any boat or vessel without cabin or deck, and under customhouse. tonnage, using scoops, scrapes or dredges, measuring, over all, twentyfive feet and under thirty, a tax of three dollars; fifteen feet and under twenty feet a tax of two dollars; on any boat or vessel with cabin or deck and under customhouse tonnage, using scrapes or dredges, meas

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uring over all, thirty feet or under, a tax of five dollars; over thirty feet a tax of six dollars; on any boat or vessel, using scoops, scrapes or dredges, required to be registered or enrolled in the customhouse, a tax of one dollar and fifty cents a ton on gross tonnage. No vessel propelled by steam, gas or electricity, and no boat or vessel not the property absolutely of a citizen or citizens of this state on the first day of January, one thousand nine hundred and three, or unless built or owned in this state subsequent thereto and actually owned by a bona fide resident of this state under this chapter, shall receive license or be permitted in any manner to engage in the catching of oysters anywhere in the waters of this state. All boats or vessels so licensed to scoop, scrape or dredge oysters shall display on the port side of the jib, above the reef and bonnet and on the opposite side of mainsail, above all reef points, in black letters, not less than twenty inches long, the initial letter of the county granting the license and the number of said license, the number to be painted on canvas and furnished by the oyster commissioner, assistant oyster commissioner or inspector issuing the license, for which he shall receive the sum of fifty cents. Any boat or vessel used in catching oysters without having complied with the provisions of this section may be seized, forfeited, advertised for twenty days at three public places in the county where seized, and sold at some public place designated in the advertisement, and the proceeds paid into the oyster fund.

1903, c. 516, s. 8.

2411. License to oyster dealers. The oyster commissioner, assistant oyster commissioner or inspector shall, upon application and the payment of a fee of fifty cents, grant to the applicant a dealer's license, authorizing the applicant to engage in the business of buying, purchasing, canning, packing, shucking or shipping oysters. Such license shall not be issued prior to the fifteenth day of October of any year and shall expire on the first day of April following. The assistant oyster commissioner or inspector granting the license shall at once. mail a duplicate to the oyster commissioner.

1903, c. 516, s. 9; 1905, c. 525, s. 6.

2412. Licenses reported monthly. The oyster commissioner, assistant oyster commissioner or inspector who are authorized to issue license or to collect a license tax, shall, on or before the fifteenth day of each month, mail to the oyster commissioner a statement, showing all licenses issued during the preceding month, to whom issued and for what purpose, and the amount of tax collected by them from all sources under the oyster laws, and shall at the same time remit said amount direct to the state treasurer. They shall at the same time mail to each inspector asking for the same a list of all persons

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to whom license has been issued and of all boats or vessels licensed, and for what purpose.

1903, c. 516, s. 4; 1905, c. 525, s. 6.

2413. Dredging, when allowed; prohibited territory. Any bona fide resident of the state duly licensed according to law and using a licensed boat or vessel may use scoops, scrapes or dredges in catching or taking oysters from the fifteenth day of November in each year to the first day of April following, from the public grounds and natural oyster beds in the broad open waters of Pamlico sound, Pamlico river, Neuse river and Long Shoal river, except in those portions of said sound and rivers in which the use of such instruments and implements is prohibited as herein provided. No person shall use any implement or instrument except hand-tongs in catching oysters in any bay, river, creek, strait, or any tributary of such which border upon or empty into Pamlico sound, Pamlico river, or Long Shoal river, except as hereinafter provided; and any point. inside of a line drawn from the farthest or extreme outward point of land or marsh on the one side to the farthest or extreme outward point of land or marsh on the opposite side of any creek, strait or bay, shall be construed to be within the said creek, strait or bay for the purposes of this section. Nor shall any person use any implement or instrument except hand-tongs in the waters of Pamlico sound from what is known as the Reef or Reefs in the eastern portion of said sound to the line of banks bordering its eastern shores; nor along the shores of Pamlico county inside of a line beginning at Maw Point and running to the west end of Brant island, thence to Pamlico Point; nor in the waters of Pamlico sound north of a line running from Long Shoal light to Gull Shoal life-saving station, from the first day of February of each year to the fifteenth day of November, nor in any of the waters of Carteret county. And for the purpose of this section, the northern boundary of said county shall be a line extending from Swan Point to Harbor Island light, thence a line to Southwest Straddle light, thence a line to Northwest Point light, thence a line to the middle of Ocracoke Inlet; nor in the waters of Neuse river above a line in said river running from Carbacon buoy to the western point of land at Pierce's creek.

1903, c. 516, ss. 13, 14, 15; 1905, c. 507, s. 2.

2414. Governor may suspend right to dredge. The governor; upon the request of the oyster commissioner, may, whenever in his judgment it is necessary, by proclamation, suspend entirely the use of all scoops, scrapes or dredges in any of the waters of the state, either for a definite period of time or until the sitting of the next general assembly.

1903, c. 516, s. 19.