ART. 72] NUMBERS FOR VESSELS——EXEMPTED WATERS. 1571

and expenditures on account of said funds and the balance standing to
the credit of the State at the time of making such report.

Cited but not construed in State v. Applegarth, 81 Md. 298.

See notes to sec. 32.

Painted Numbers for Dredging Vessels.

1904, art. 72, sec. 31. 1894, ch. 380, sec. 30. 1910, ch. 413, sec. 31 (p. 208).

32. The comptroller shall have painted in black figures on white
canvas one number corresponding to the license to catch oysters with
scoop, scrape, dredge or other similar instruments; each figure shall be
twenty-two inches in length and of proportionate width, and the figures
at least six inches apart; and he shall give to each person taking out
such license one number thereof, which shall be securely sewed upon
the starboard side and in the middle of that part of the mainsail which
is above the close reef; this number shall be placed in an upright posi-
tion and worn at all times during the dredgisg season, and returned at
the end of the season, and shall not be concealed or defaced, and no
other number shall be exposed to view or used thau that which is fur-
nished by the comptroller. Any person who shall violate the provisions
of this section shall be deemed guilty of a misdemeanor, as provided in
section 17 of this article; and in any such case the boat or vessel shall
be forfeited and condemned, in the discretion of the judge, in the man-
ner as provided in section 29. The provisions of this section shall apply
to all boats licensed to take oysters with scrape or scoop by any county
in this State, except that the numbers for such boats shall be painted red
instead of black; and the numbers shall be delivered by the comptroller
to the clerks of the courts as they may be ordered; and at the end of
the season all licenses not used shall be returned by said clerks to the
comptroller; and the said clerks shall also pay to the comptroller one-
half of all moneys received by him for such licenses, which sum shall
be placed to the credit of the oyster fund.

Since it is manifest that the clerk will receive no money from licenses not
used, it is apparent that there is some error in this section. The words
"such licenses" as used in the last sentence of this section, do not refer to
licenses used, and hence this section is not in conflict with, and does not
repeal, section 31 as to the amount the clerk is to pay the state from scrap-
ing licenses. Section 31, and not this section, is the Important one. Smith
v. School Commissioners, 81 Md. 514 (decided prior to the act of 1910,
ch. 413).

Under the act of 1880. ch. 296, section 41, officers of the state fishery force
have authority to arrest without a warrant. A written charge need not be
filed with the magistrate Kane v. State, 70 Md. 548.

Dredging in Exempted Waters.

Ibid. sec. 32. 1894, ch. 380, sec. 31.

33. If any boat or vessel shall be seen sailing on any of the waters
of this State which are exempted from dredging by law in the same
manner in which they sail to take or catch oysters with scoop, scrape,
drag or dredge or similar instruments, the said boat or vessel shall be