2722 ARTICLE 72

mitted until such fine costs are paid, which fine shall be paid to the
State of Maryland; but the person so convicted shall have the right of ap-
peal as now provided by law in other criminal cases.

Comptroller's Duties.

An. Code, 1924, sec. 96. 1912, sec. 83. 1904, sec. 81. 1894, ch. 380, sec. 68. 1931, ch. 469.

91. It shall be the duty of the Comptroller to furnish the clerks of the
several courts of the State with forms of applications and license and of
the reports or returns required by the preceding sections; and it shall ,be
the further duty of the Comptroller to furnish all other blanks required
under this Article.¹

Past Offenses.

An. Code, 1924, sec. 97. 1912, sec. 84. 1904, sec. 82. 1900, ch. 380, sec. 2.

92. Nothing in this article as repealed and re-enacted by the preced-
ing sections shall affect offenses committed in whole or in part before their
enactment, but all such offenses and all indictments therefor shall be prose-
cuted under pre-existing law as fully as if the same had not been so repealed
and re-enacted.

Oyster Culture.

An. Code, 1924, sec. 98. 1912, sec. 85. 1906, ch. 711, sec. 83. 1914, ch. 265, sec. 83.

93. Any resident of Maryland shall have the right to plant and culti-
vate oysters in the waters of this State; such right shall be exercised in
the manner prescribed in the following Sections of this sub-title, and shall
be subject to the regulations, provisions and limitations hereinafter set
forth, but no corporation or joint stock company shall be permitted to
lease or take up, or to acquire by assignment, or otherwise, any lands, of
the State for oyster planting or cultivation. All natural beds or bars shall
be excluded from the operation of this sub-title, and no person shall be
permitted to plant or cultivate oysters thereupon, or in any way to appro-
priate the same to his own use. The term "natural beds or bars" wherr
ever used in this sub-title shall hereafter be construed to mean and include
all oyster beds and bars under any of the waters of this State whereon the
natural growth of oysters is of such abundance that the public have suc-
cessfully resorted to such beds or bars for a livelihood, whether continu-
ously or at intervals, during any oyster season within five years prior to
the time of filing of the application for a lease of the area in question, or
if no application has been made for a lease of the area in question, then
within five years prior to the making of the resurvey under Section 107,
or the filing of a petition under section 108 of this article, provided that
the actual condition of the area in- question at any time within said re-
spective periods of five years or up to the date of hearing shall be taken
into consideration in determining whether or not said area is a natural

bed or bar, as above defined.

Intent and policy of act of 1906, ch. 711. The act of 1914, ch. 265, is not in conflict
with art. 1, sec. 10, of Federal Constitution, or art. 3, sec. 40, of Md. Constitution.
A leasehold interest acquired from the state is subject to condemnation for public

1 Sec. 2 of ch. 469, acts of 1931, provides: "That this act shall take effect upon the
sale by the Board of Public Works of the. first $125,000.00 of the certificates of in-
debtedness authorized by the act of the General Assembly of 1931 creating the "Ocean
City Inlet Loan of 1931."