2696 ARTICLE 72

the moneys received from the county scraping licenses, and all fines, penal-
ties or forfeitures imposed in pursuance thereof shall upon the warrant
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 be drawn
upon for the purpose of maintaining sufficient and proper police regula-
tions for the protection of fish and oysters in -Maryland waters and in
the payment of the officers and men and keeping in repair and supplying
the accessary means of sailing the boats and vessels of the state fishery
force; and the comptroller is hereby required to state in his annual report
particularly the receipts and expenditures on account of said funds and
the balance standing to the credit of the State at the time of making such
report.

This section referred to in construing sec. 75—see notes thereto. Foote v. Stanley,
58 L. Ed. 698.

Cited but not construed in State v. Applegarth, 81 Md. 298.

See notes to sec. 35.

Painted Numbers for Dredging Vessels.

An. Code, 1924, sec. 34. 1912, sec. 32. 1904, sec. 31. 1894, ch. 380, sec. 30. 1910, ch. 413,
sec. 31 (p. 208). 1927, ch. 127, sec. 34.

35. The Comptroller shall have painted in black figures on white can-
vas one number corresponding to the license to catch oysters with scoop,
scrape, dredge or other similar instruments; each figure shall be twenty-
two inches in length and of proportionate width, and the figures at least
six inches apart; and he shall give to each person taking out such license
one number thereof, which shall be securely sewed upon the starboard
side and in the middle of that part of the mainsail which is above the close
reef; this number shall be placed in an upright position and worn at all
times during the dredging season, and returned to the end of the season,
and shall not be concealed or defaced, and no other number shall be exposed
to view or used than that which is furnished by the comptroller. Any per-
son who shall violate the provisions of this Section shall be deemed guilty
of a misdemeanor, as provided in Section 19 of this Article; and in any
such case the boat or vessel shall be forfeited and condemned, in the dis-
cretion of the judge, in the manner as provided in Section 32. The pro-
visions of this Section shall apply to all boats licensed to take oysters with
scrape or scoop by any county in this State, except that the numbers for
such boats shall be painted red instead of black; and the numbers shall be
delivered by the comptroller to the clerks of the courts as they may be

ordered.

Since it is manifest that clerk will receive no money from licenses not used, it is
apparent that there is some error in this section. Words ''such licenses" as used in
last sentence of this section do not refer to licenses used, and hence this section is
not in conflict with, and does not repeal, sec. 34 as to amount the clerk is to pay the
state from scraping licenses. Sec. 34, and not this section, is the important one. Smith
v. School Commissioners, 81 Md. 514 (decided prior to the act of 1910, ch. 413).

Under act of 1886, ch. 296, sec. 41, officers of state fishery force have authority to
arrest without a warrant. A written charge need not be filed with magistrate. Kane v.
State, 70 Md. 548.

Dredging in Exempted Waters.

An. Code, 1924, sec. 35. 1912, sec. 33. 1904, sec. 32. 1894, ch. 380, sec. 31.

36. If any boat or vessel shall be seen sailing on any of the waters of
this State which are exempted from dredging by law in the same manner