OYSTERS. 2247

An. Code, sec. 19. 1904, sec. 18. 1894, ch. 380, sec. 17. 1910, ch. 413, sec. 18 (p. 206).
21. The fines accruing under any of the provisions of this article shall
be paid by the sheriff, constable or officers of the state fishery force col-
lecting the same within ten days to the comptroller of the state treasury,
or to the clerk of the circuit court for the particular county where such
fine may accrue, or to the clerk of the criminal court of Baltimore, if such
fine shall accrue in said city, and it shall be the duty of the state's attorney
for the several counties and for the city of Baltimore to keep an account
of said fine imposed and to make a monthly report thereof to the clerk of
the circuit court for their respective counties, or to said clerk of the crimi-
nal court, as the case may be, and to see that said fines are duly collected
and paid over, as aforesaid, and the surplus, after paying all costs for
prosecution in such cases, shall be paid to the state comptroller for the
use of the oyster fund, with a statement of the fines imposed and costs of
the same; the justice of the peace or clerk of the court which imposes said
fine in any and every case shall in writing inform the comptroller, of the
treasury of the fine, upon whom laid and the amount of said fine, with date
of same. Anyone who shall violate any provisions of this section shall be
deemed guilty of a misdemeanor and, upon conviction thereof before any
judge or justice of the peace in this State, shall be fined not less than
twenty-five dollars, nor more than three hundred dollars, in the discretion
of the court or 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.

An. Code, sec. 20. 1904, sec. 19. 1894, ch. 380, sec. 18. 1910, ch. 413, sec. 19 (p. 206).
1922, ch. 519, sec. 20. 1924, ch, 493.

22. 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 who shall have on his boat
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
deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than two hundred dollars nor more than three hundred dol-
lars for the, first offense and not less than two hundred and fifty dollars
and the forfeiture of his license for the rest of the season for the second
offense and no other boat shall be used in catching oysters with scoop,
dredge or similar instrument without first having been licensed, as herein-
after 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 waters of Maryland, held to be constitu-
tional and valid. The section of such act providing that having dredging instruments
on board was prima facie evidence of an intention to use 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 act of 1884, ch. 518, invalid).