2682 ARTICLE 72

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, 1924, sec. 4. 1912, 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, oh 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
scoop, drag, dredge or any similar instrument during the season for which
such boat or vessel is licensed; and all licenses shall expire at the end of
the season.

This section referred to in construing secs. 34 and 35. Smith v. School Commis-
sioners, 81 Md. 517.

As to the oyster fund, see sec. 34.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1894, ch. 380, sec. 5. 1924, ch. 564.
1927, ch. 127, sec. 5. 1936 (Sp. Sess.), ch: 100, sec. 5.

5. If any person shall take oysters with rakes or tongs, for sale, without
first having obtained a license as required by the preceding sections of this
Article, he shall upon conviction thereof before a Justice of the Peace for
the county wherein the offense has been committed be fined not less than
Twenty nor more than One Hundred dollars and stand committed to the
county jail till all costs and fines are paid. Provided, however, that no
person shall be deemed to be in default under the provisions of this Section
until the lapse of thirty days from the date on which he shall be required
to obtain such license. It shall be unlawful for any person taking oysters
with rakes or tongs, for sale or otherwise, to use or have in his possession
on any motor boat, any scrape, dredge or other device, and the possession
of any such scrape, dredge or other device on any motor boat which may
be used in the taking and catching of oysters, shall, and is hereby declared
to be a misdemeanor, and the party upon conviction thereof before a Justice
of the Peace for the county wherein the offense or violation occurred,
or has been committed, shall be fined not less than the sum of Two
Hundred dollars nor more than Five Hundred dollars, or shall be sen-
tenced to confinement in the House of Correction for a term of not less
than six months; and in any such case the boat or vessel used by him
shall be forfeited, and may be condemned, in the discretion of the judge
or justice of the peace, in the manner provided in Section 32. All persons
taking or catching oysters under the provisions of this Article shall exhibit
their authority for so doing when required by any oyster police force, or
other officers of the State.