1556 OYSTERS. [ART. 72

mon, or the citizens of Dorchester and Wicomico counties from using
the waters of Nanticoke river in common, or the citizens of Queen
Anne's and Talbot counties from using the waters of the Wye river and
the mouth thereof in common, or the citizens of Dorchester and Talbot
counties from using the waters of the Choptank river in common; pro-
vided, however, that the county commissioners shall be authorized to
give special permission to any woman who has no visible means of sup-
port to take and catch oysters without license.

The oyster beds of the Chesapeake bay are the property of the state, and
the legislature may make all reasonable regulations concerning the same.
State v. Applegarth, 81 Md. 299; Heas v. Mulr, 65 Md, 606 (separate
opinion).

The act of 1894, ch. 380, is not unconstitutional as embracing a subject
distinct from its title. State v. Applegarth, 81 Md. 303.

This section referred to in deciding that section 9 applies only to oysters
taken from the waters of this state. Tyler v. State, 93 Md. 313.

1904, art. 72. sec. 2. 1894. ch. 380. sec. 2. 1890, ch. 380.
1910, ch. 413, sec. 2 (p. 206).

2. Each and every license issued in conformity to the provisions of
section 1 of this article shall state the name, color, age and residence of
the person to whom the license is to be granted; the number thereof
and the county in which the same is to be used, and every applicant
for such license shall pay to the clerk of the circuit court when such
license may be granted, and before the issuing and delivery of the
same, three and one-half dollars, the clerk to receive twenty-five cents
for each and every such license as a fee for issuing the same, including
administering the oath when required. Two-third's of the amount
received for such license shall be paid by the clerk to the school commis-
sioners for the use of the public schools in the respective counties where
such licenses are issued, and of this amount the portion received from
white tongers to go to the white schools, and the portion received from
the colored tongers to go to the colored schools, and the remaining one-
third to be paid over by the clerk to the comptroller of the state treas-
ury, to be credited to the oyster fund. And one-third of the amount
received from any tonging license in any county in this State shall be
paid by the clerk of the circuit court of the county when received to the
comptroller of the treasury, to be credited to the oyster fund, any pro-
vision of any public local law or public general law to the contrary
notwithstanding.

This section referred to in construing sections 31 and 32. Smith v. School
Commissioners. 81 Md. 517.

Ibid. sec. 3. 1894. ch. 380, sec. 3.

3. Every applicant for license as aforesaid shall be required to make
oath or affirmation before the clerk authorized to issue the same, or
some justice of the peace, on whose certificate of the taking of such oath
or affirmation the clerk shall issue said license; that the facts set forth
therein are strictly true; that he has been a bona fide resident of the
county for twelve months next preceding his application for said license ;