1570 OYSTERS. [AET. 72

a vessel owned by a non-resident, and licensed under the laws of the United
States. Smith v. Maryland, 18 How. 71. And for a case upholding the act
of 1880, ch. 198, see The Ann, 8 Fed. 924. Cf. Booth v. Lloyd, 33 Fed. 597,
and Ex Parte Insley, 33 Fed. 682 (declaring the act of 1884, ch. 518, invalid).

For a case involving a conflict between a local law and the act of 1874,
ch. 181, which created the "state fishery force.'' see Willing v. Bozman, 52
Md. 61.

Aa to the right of appeal, see also. sec. 51.

Cf. art. 39, sec. 55, and art. 99, sec. 9.

1904, art. 72, sec. 29. 1894. ch. 380, sec. 28.

30. Any boat, owned wholly or in part by any non-resident used in.
catching oysters in this State with scoop, dredge or similar instrument
is hereby declared forfeited and shall be condemned by order of any
judge of a circuit court most accessible to the place of her capture, or,
if captured in Baltimore city, by order of the city court, and shall be
sold by the sheriff of the county where condemned, or, if condemned in
Baltimore city, by the sheriff of said city, to the highest bidder for cash
after twenty days' notice of the time and place of sale; such notice to be
published at least three times in a newspaper having the largest circula-
tion printed in Baltimore city or in the county where condemned; one-
fourth of the proceeds of such sale shall be paid to the party making
the capture, not including the officers and crews of the state fishery
force, who shall receive no part of said fine, and the balance shall be
paid into the treasury of the State to be credited to oyster fund; pro-
vided, however, that any person claiming an interest in such vessel shall
have the right to make an appeal upon giving to the State a good and
sufficient bond as required in such cases; provided, however, that when
the bona fides of the owner of any vessel shall be called' in question, the
burden of proving such bona fides shall be upon those claiming to be
such owners; and provided also that upon taking such appeal and filing
such bond the said vessel shall be released from custody.
See notes to sec. 29.

Oyster Fund.

Ibid. sec. 30. 1894, ch. 380, sec. 29.

31. All moneys received or obtained from dredging licenses issued
under the provisions of the preceding sections of this article, and one-
third of the moneys received from the county scraping licenses, and all
fines, penalties or forfeitures imposed in pursuance thereof shall upon
the warrant of the comptroller, be paid into the treasury and placed
to the credit of a fund which shall be called the oyster fund, and the
same shall be kept separate and distinct from other funds in the treas-
ury and shall only be drawn upon for the purpose of maintaining suffi-
cient and proper police regulations for the protection of fish and oysters
in Maryland waters and in the payment, of the officers and men and
keeping in repair and supplying the necessary means of sailing the
boats and vessels of the state fishery force; and the comptroller is
hereby required to state in his annual report particularly the receipts