1564 OYSTERS. [ART. 72

five dollars, nor more than three hundred dollars, in the discretion of
the court of justice of the peace before whom such person shall be tried,
or be imprisoned in the county jail for not less than one month, nor
more than six months. And no part of a fine or cost so collected shall
be paid or allowed by the court to any state's attorney as a fee where
said state's attorney receives a fixed salary for his services.

Dredging.

1904, art. 72, sec. 19. 1894, ch. 380, sec. 18. 1910, ch. 413, sec. 19 p. 206).

20. No steamer or power boat of any kind shall be used or employed
in catching or taking oysters in the waters of the State with scoop,
dredge or similar instrument, and the captain of any boat licensed to
take or catch oysters with scoop, dredge or similar instrument, who
shall have on his boat, so licensed, any engine or motor of any kind,
whether attached to said boat or not, which is adapted to or can be
used in the propulsion of said boat, shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than fifty dollars
nor more than three hundred dollars, and no other boat shall be used
in catching oysters with scoop, dredge or similar instrument without
first having been licensed, as hereinafter provided.

The act of 1886, ch. 296, exacting a license fee of three dollars per ton for
every vessel employed in dredging for oysters in the waters of Maryland,
held to be constitutional and valid The section of such act providing that
having dredging instruments on board was prima facia evidence of an Inten-
tion to use the vessel contrary to law, also held valid. Dize v. Lloyd, 36
Fed. 652. Cf. Booth v. Lloyd, 33 Fed. 597, and Ex Parte Insley, 33 Fed. 682
(declaring the act of 1884, ch. 518, Invalid).

Ibid. sec. 20. 1894, ch. 380, sec. 19. 1900, ch. 380.

21. The comptroller of the treasury shall upon application of any
person who has been a resident of this State for twelve consecutive
months next preceding his application, issue a license to such resident,
and to no other person, to employ such boat in taking or catching oysters
with scoop, dredge or similar instrument within the waters of the Ches-
apeake bay, Potomac river and in Eastern bay, outside of a line drawn
from the southwest corner of First Kent Point to north end of Poplar
Island; provided, that nothing herein contained shall authorize the tak-
ing or catching of oysters with scoop, dredge or similar instrument on
any oyster bar within one and one-half miles of Tolley's Point, Sandy
Point, Hackett's Point, Thomas' Point, Holland's Island bar and Three
Sisters, nor within one and one-half miles of Holland's Point bar, nor
of Swan's Point bar, nor between Poplar Island and the mainland of
Talbot county, south of a line drawn from the north point of Poplar
Island to Low's Point on the mainland, nor north of a line drawn from
the end of the south bar of Poplar Island to Pawpaw cove, on Tilghman
Island, nor within one-quarter of a mile west of Poplar Island, nor
within one-half of a mile of Plum Point, nor within the boundary lines
of any county, unless herein otherwise specified, which license shall hold
good for one season only and shall only authorize the catching of oysters