OYSTERS. 2249

machinery or equipment, for operating or handling scoops or dredges or
to have on board any vessel a scoop, scrape or dredge, with intent to affix
the same to said vessel for use in taking or catching; oysters, without hav-
ing first obtained a license to take or catch oysters with a scoop or dredge
as aforesaid, and the fact of having such scoop, dredge or scrape on board
of any vessel shall be prima facie evidence of an intent to use the same
contrary to this section.

The section of act of 1886, ch. 296, providing that having dredging instruments
on board should be prima jade evidence of an intention to use vessel contrary to
law, held constitutional and valid. Dize v. Lloyd, 36 Fed. 652.

An. Code, sec. 23. 1904, sec. 22. 1894, ch. 380, sec. 21. 1896, ch. 418.

25. The owner of such boat shall make oath before the comptroller or
his clerk, or if the owner be a resident of Baltimore city he may make
oath before the clerk of the court of common pleas, or if a resident of
county he may make oath before the clerk of the circuit court for said
county, at the same time exhibiting his custom-house license to said officer
before whom he makes the oath that he is the bona fide owner of such boat
described in the license; that he has .been a resident of the State for the
time hereinbefore prescribed; that there is no lien on said boat held by a
non-resident, directly or indirectly, and that the said boat is not held and
shall not be knowingly used with an intention to violate or evade pro-
visions of this article, and such applicant shall produce before the comp-
troller at the time of making such application the certificate of the taking
of such oath and the gross custom-house tonnage, which gross tonnage the
owner shall swear to, and shall further make oath that before the measure-
ment of said vessel by the custom-house officers the said vessel was not
dunnaged so as to evade the just and proper measurement of tonnage of
said vessel with a view of evading a proper and just sum for the licensing
of said vessel. The master of such boat shall also make oath before the
comptroller or his clerk, or if a resident of Baltimore city before the clerk
of the court of common pleas, or before the clerk of the circuit court for
the county wherein he may reside, that he has been a resident of the State
for the twelve months next preceding the time of taking such oath. Any
one violating this section shall be deemed guilty of a misdemeanor and
upon conviction before a judge of the criminal court of Baltimore city or a
judge of the circuit court for the county, or a justice of the peace having
jurisdiction, as the case may be, shall be fined a sum not less than fifty
dollars nor more than three hundred dollars, or be imprisoned in the house
of correction for a period of not less than three months nor more than six
months, or both, in the discretion of the judge or justice of the peace.

An. Code, sec. 24. 1904, sec. 23. 1894, ch. 380, sec. 22. 1900, ch. 380. 1908, ch. 104.
1910, ch. 413, sec. 23 (p. 207). 1912, ch. 804. 1914, ch. 691.

26. After granting such license, the Comptroller shall receive two dol-
lars and eighty-five cents for every gross ton the boat shall measure, except
boats of less than four tons gross measurement, when the license shall be
eight dollars for each of said boats, and where any license issued by au-
thority of any County, the Clerk of the Circuit Court for the County shall