2690 ARTICLE 72

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 constitutional 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).

1927, ch. 475. 1933, ch. 244.

23. It shall be unlawful for any person to use or employ in catch-
ing or taking oysters in the waters of the State or to have in his possession
any scoop, dredge, scrape or similar instrument having a tooth bar more
than 42 inches in length measuring from the outside teeth on dredges used
in dredging on rock bottoms and 44 inches in length measuring from the
outside teeth on dredges used in dredging on mud bottoms, and of a
weight not exceeding 200 pounds. No "devil catcher," "devil diver" or
similar device shall be had in possession or used on any dredge boat or
vessel by any captain or any other person for the purpose of being attached
to the dredge for steering same to the bottom.

Any person violating the provisions of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be fined the sum of $50.00,
and in addition thereto such scoop, dredge, scrape or similar instrument
shall be confiscated. Upon second offense, in addition to the above pen-
alties, any license which may have been issued under the provisions of
Section 24 of this Article, to the person so convicted shall be revoked for
the, remainder of the season for which said license was issued.

All Deputy Commanders and Inspectors of the State Fishery Patrol
are hereby authorized, directed and empowered to make an inspection of
all boats and vessels engaged in the catching of oysters, for the purpose of
ascertaining whether such boat or vessel is equipped or has on board any
scoop, dredge, scrape or similar instrument which does not comply with
the provisions of this section.

An. Code, 1924, sec. 23. 1912, sec. 21. 1904, sec. 20. 1894, ch. 380, sec. 19. 1900, ch. 380.
1933, ch. 518. 1936 (Sp. S.), ch. 100, sec. 23.

24. The Comptroller of the Treasury shall upon application, of any
person who has been a resident of this State for twelve consecutive months
next preceding his application, issue a license to such resident, and to no
other person, to employ such boat in taking or catching oysters with scoop,
dredge or similar instrument within the waters of the Chesapeake Bay,
Potomac River and in Eastern Bay, outside of a line drawn from the
southwest corner of First Kent Point to north end of Poplar Island;
provided, that nothing herein contained shall authorize the taking or
catching of oysters with scoop, dredge or similar instrument on any oyster
bar within one and one-half miles of Tolley's Point, Sandy Point, Hackett's
Point, Thomas' Point, Holland's Island bar and Three Sisters, nor within
one and one-half miles of Holland's Point bar, nor of Swan's Point bar,
nor between Poplar Island and the mainland of Talbot County; south of a
line drawn from the north point of Poplar Island to Low's Point on the
mainland, nor north of a line drawn from the end of the south bar of Poplar
Island to Pawpaw cove, on Tilghman Island, nor within one-quarter of a
mile west of Poplar Island, nor within one-half of a mile of Plum Point,
nor within the boundary lines of any county, unless herein otherwise speci-