OYSTERS. 2253

mit, may allow him a portion of said proceeds, but in all such cases the
court shall retain a sufficient sum to pay costs, charges, expenses and a
reasonable and proper equivalent to a fine, and amendment to the forms
and procedure shall be allowed, as hereinbefore provided, in all cases of
appeal from the judgment of justices of the peace.

The act of 1833, ch. 254, prohibiting taking or catching of oysters in any of
waters of the state with a scoop or drag, etc., and providing as a penalty, for for-
feiture to state of boat or vessel so employed, held not to be in conflict with Federal
Constitution, although applied to a vessel owned by a non-resident, and licensed
under laws of 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. Gj. Booth v. Lloyd,
33 Fed. 597, and Ex Parte Insley, 33 Fed. 682 (declaring act of 1884, ch. 518, invalid).
For a case involving a conflict between a local law and act of 1874, ch. 181,
which created the "state fishery force," see Willing v. Bozman, 52 Md. 61.
As to the right of appeal, see also sec. 53.
Cf. art. 39, sec. 56, and art. 99, sec. 9.

An. Code, sec. 30. 1904, sec. 29. 1894, ch. 380, sec. 28.

32. 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 havirjg the largest circulation printed in
Baltimore city or in the county where condemned; one-fourth of the pro-
ceeds of such sale shall be paid to the party making the capture, not in-
cluding 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; provided, 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 re-
leased from custody.
See notes to sec. 31.

Oyster Fund.

An. Code, sec. 31. 1904, sec. 30. 1894, ch. 380, sec. 29.

33. 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 war-
rant 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 treasury and shall only be