ART. 72] TONGING. 1557

that he desires and intends to use said license in the county in which
he resides or the waters used in common, as provided in this article and
that he will comply with and obey all laws of this State regulating the
taking or catching of oysters.

1904, art. 72, sec. 4. 1894, ch. 380, sec. 4.

4. The comptroller of the treasury shall cause to be printed and
delivered to the clerks of the circuit courts for the several counties the
requisite number of such blank licenses and take receipts for the same
as for other licenses furnished; and said clerks shall, on the first
Monday of March and December of each year, return to the comptroller
a list and account of such licenses issued by them, and at the end of
each tonging season shall return all unused licenses to him and shall
pay over to the comptroller one-third of the amount received by them
for such licenses, which amount the said comptroller shall place to the
credit of the oyster fund; and no license to take or catch oysters with
rakes or tongs shall be used on any boat or vessel which is licensed to
take or catch oysters with scoop, drag, dredge or any similar instru-
ment during the season for which such boat or vessel is licensed; and
all licenses shall expire at the end of the season.

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

As to the oyster fund, see section 31.

Ibid. sec. 5. 1894, ch. 380, sec. 5.

5. If any person shall take oysters with rakes or tongs, for sale,
without first having obtained a license as required by the preceding
sections of this article, he shall upon conviction thereof before a justice
of the peace for the county wherein the offense has been committed be
fined not less than twenty nor more than one hundred dollars and stand
committed to the county j ail till all costs and fines are paid; and in any
such case the boat or vessel used by him shall be forfeited, and may be
condemned, in the discretion of the judge or justice of the peace, in the
manner provided in section 25. All persons taking or catching oysters
under the provisions of this article shall exhibit their authority for so
doing when required by any officer of the oyster police force, or other
officers of the State.

The act of 1884, ch. 518 (prohibiting the carrying of oysters over the
waters of the state without first obtaining a license), applied exclusively
to oysters caught in the waters of this state. State v. Inslev, 64 Md. 29.

For a case involving the act of 1833, ch. 254, the act of 1837, ch. 310, and
the act of 1849. ch. 217, see State v. Mister, 5 Md. 13.

Ibid. sec. 6. 1894. ch. 380, sec. 6. 1898. ch. 117. 1900, ch. 99.

6. It shall be unlawful for any person or persons who have obtained
a license to take or catch oysters with rakes or tongs to take or catch
oysters in the waters of Queen Anne's. Kent, Talbot, Anne Arundel
and Dorchester counties, or within one and a half miles of Sandy Point,
Hackett's Point, Tolley's Point, Thomas' Point. Holland's Island bar
and Three Sisters and Holland's Point bar with any implement or