OYSTERS. 2241

An. Code, sec. 2. 1904, sec. 2. 1894, ch. 380, sec. 2. 1890, ch. 380.
1910, ch. 413, sec. 2 (p. 206).

2. Each any every license issued in conformity to the provisions of
section 1 of this article shall state the name, color, age and residence of
the person to whom the license is to be granted; the number thereof and
the county in which the same is to be used, and every applicant for such
license shall pay to the clerk of the circuit court when such license may
be granted, and before the issuing and delivery of the same, three and
one-half dollars, the clerk to receive twenty-five cents for each and every
such license as a fee for issuing the same, including administering the
oath when required. Two-thirds of the amount received for such license
shall be paid by the clerk to the school commissioners for the use of the
public schools in the respective counties where such licenses are issued,
and of this amount the portion received from white tongers to go to the
white schools, and the portion received from the colored tongers to go to
the colored schools, and the remaining one-third to be paid over by the
clerk to the comptroller of the state treasury, to be credited to the
oyster fund. And one-third of the amount received from any tonging
license in any county in this State shall be paid by the clerk of the cir-
cuit court of the county when received to the comptroller of the treasury,
to be credited to the oyster fund, any provision of any public local law
or public general law to the contrary notwithstanding.

This section referred to in construing secs. 33 and 34. Smith v. School Commis-
sioners, 81 Md. 517.

An. Code, sec. 3. 1904, sec. 3. 1894, ch. 380, sec. 3.

3. Every applicant for license as aforesaid shall be required to make
oath or affirmation before the clerk authorized to issue the same, or some
justice of the peace, on whose certificate of the taking of such oath or
affirmation the clerk shall issue said license; that the facts set forth therein
are strictly true; that he has been a bona fide resident of the county for
twelve months next preceding his application for said license; 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 catch-
ing of oysters.

An. Code, sec. 4. 1904, sec. 4. 1894, ch. 380, sec. 4.

4. The comptroller of the treasury shall cause to be printed and de-
livered 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