2692 ARTICLE 72

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, 1924, sec. 26. 1912, 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.

1927, ch. 145. 1936 (Sp. Sess.), ch. 18.

27. After granting such license, the Comptroller shall receive two
dollars for every gross ton the boat shall measure, and where any license
issued by authority of any County, the Clerk of the Circuit Court for the
County shall receive for such license from the applicant two dollars per
ton for every gross ton the boat may measure, said measurement to be
gross tonnage of Custom House measurement; but no allowance or deduc-
tion shall be made or allowed by reason of dunnaging, and the captain or
master shall always have such license on board of their boats, and shall
exhibit the same wherever it shall be demanded by any duly authorized
officer. It shall be the duty of the Commander of the State Fishery Force,
and any officer under his command, at any time he or they shall deem
it proper, to inspect and verify the measurements of any boats and their
gross tonnage and the measurements ascertained by such officer shall be
conclusive and final; any license granted shall be corrected and amended
in accordance with such measurements and the appropriate license fee
hereinbefore named paid in accordance with such corrected measure-
ment, and the right granted by any license already issued shall be sus-
pended until the full payment of such license fee is made. And one-half of
any license fee received by the clerk of the Circuit Court for any County
in this State shall be paid to the Comptroller of the State Treasury by
the said Clerk within ninety days after receiving the same, to be by the
said Comptroller credited to the oyster fund; and all Acts or Public Local
Laws inconsistent with the provisions of this Section are hereby repealed.

An Code, 1924, sec. 27. 1912, sec. 25. 1904, sec. 24. 1894, ch. 380, sec. 23. 1922, ch. 519,

sec. 25. 1927, ch. 127, sec. 27.

28. Any master or person in charge of any vessel who shall violate any
of the provisions of Sections 22 and 25, by taking oysters unlawfully shall
be deemed guilty of a misdemeanor and upon conviction before any Jus-