OYSTERS 2737

nor more than one year, or shall be both so fined and imprisoned, and for
the second or any subsequent offense shall be sentenced to imprisonment
in the penitentiary for not less than two years nor more than five years.

An. Code, 1924, sec. 134. 1912, sec. 117. 1906, ch. 711, sec. 115.

131. Any person who shall make his boat fast to a State buoy or remove
the same, or in any manner interfere therewith, the same shall, in the dis-
cretion of the court, upon conviction thereof, be sentenced to the peni-
tentiary for a term of not less than one year or more than two years.

An. Code, 1924, sec. 135. 1912, sec. 117A. 1912, ch. 539, sec. 115A. 1914, ch. 265, sec. 115A.

132. It shall be unlawful for any person other than a lessee under
this sub-title, or for any lessee under this sub-title, while he shall be in
default in payment of rent, to appropriate to himself for any purpose any
of the barren bottoms under the waters of this State, which are, by the pro-
visions of this sub-title, subject to lease, or to use such barren bottoms in
any way for the purpose of bedding, planting or cultivating oysters, and
any person violating any of the provisions of this Section shall be deemed
guilty of a misdemeanor, and upon indictment and conviction in any Cir-
cuit Court of any County in this State, or in the Criminal Court of Balti-
more City, before which such case is tried, shall be fined the sum of fifty
dollars for each violation thereof. Each day during which or in which any
of the acts prohibited by this Section may be performed shall constitute
a separate violation of its provisions. It shall be the duty of the State's
Attorney of the County having jurisdiction, or of Baltimore City, at the
request of the Conservation Commission, to prosecute any one violat-
ing the provisions of this Section. The net proceeds of fines collected
under this Section shall be applied as follows: One-half of the same shall
be paid to the informer, if any, and the remainder shall be applied accord-
ing to the provisions of Section 135 of this Article. Provided, however,
that this Section shall not apply to the temporary deposit of oysters at the
owner's risk upon any of the barren bottoms of this State not leased, if such
oysters are removed by the owner within three months from the time of

such deposit.
Informer's fees abolished by art. 38, sec. 3.

An. Code, 1924, sec. 136. sec. 118. 1906, ch. 711, sec. 116. 1912, ch. 539, sec. 116.

133. In addition to other penalties herein provided, any person con-
victed of a violation of this sub-title under either of the six ¹ preceding sec-
tions (sections 128 to 132, both inclusive), shall be and is hereby denied
the right to take out any license to dredge, scrape or tong for oysters in
any waters of this State for the period of three years after said conviction.

An. Code, 1924, sec. 137. 1912, sec. 119. 1906, ch. 711, sec. 117.

134. It shall be the duty of all officers and members of the state fishery
force to arrest persons violating this sub-title, and to patrol such waters
of the Chesapeake bay and its tributaries as they may be directed by the
board of public works to patrol, for the purpose of preventing violations
of this sub-title.

¹ Evidently "five" was intended.