ART. 72] DREDGING. 1567

State shall be paid to the comptroller of the state treasury by the said
clerk within thirty days after receiving the same, to be by the said
comptroller credited to the oyster fund, and all acts or parts of acts,
and all public general or public local laws inconsistent with the pro-
visions of this section are hereby repealed.*

As to the state fishery force, see sec. 34, et seq.

1904, art. 72, sec. 24. 1894, ch. 380, sec. 23.

25. Any master or person in charge of any vessel who shall violate
any of the provisions of the preceding sections from 20 to 22 inclusive
by taking oysters unlawfully shall be deemed guilty of a misdemeanor
and upon indictment and conviction in any circuit court in this State,
or in the criminal court of Baltimore, before which such case is tried,
shall be sentenced to the house of correction for a term not less than
three months nor more than one year and the boat or vessel used in such
violation, together with the papers, furniture and tackle on board of
said boat or vessel at the time of said violation shall be forfeited, but
shall be released upon the payment of not less than one hundred dollars
nor more than five hundred dollars and costs and expenses for each and
every violation of the preceding sections, in the discretion of the court.

Ibid. sec. 25. 1894, ch. 380, sec. 24.

26. Upon information given under oath to any judge of the circuit
court or justice of the peace of any violation of any of the provisions of
this article, he shall issue his warrant to the sheriff or any constable
requiring any of them to whom it may be directed to summon a posse
comitatus, if necessary, and proceed forthwith to arrest the party or
parties alleged to have been engaged in the violation of this article and
to seize and take possession of any boat, canoe or vessel, together with
all her tackle and apparel 011 board of the same, and deliver the same
to the judge of the circuit court or a justice of the peace of this State,
to be dealt with according to the provisions of this article; provided,
that any justice of the peace before whom any person is brought charged
with a violation of any of said sections of this article, the punishment
for which is imprisonment in the house of correction, shall grant the
parties charged a speedy hearing and, if in his judgment the facts
appear to warrant a conviction, he shall hold the parties charged for
their appearance before the grand jury of the county for which he is
appointed at the succeeding term of the circuit court.
See sec. 51 and notes.

Ibid. sec. 26. 1894, ch. 380, sec. 25.

27. It shall not be lawful for the owner or master or any person on
board of or having control over any boat or vessel licensed to catch or

*The act of 1910. ch. 413 (p. 205), repealed and re-enacted section 23 of the
code of 1904 without specific reference to the act of 1908, ch. 104, which also
repealed and re-enacted said section. Presumably, however, the legislature of
1910 intended to repeal and re-enact section 23 (of the code of 1904) as it was
amended by the act of 1908, ch. 104. and hence, the latter act is not codified.