104

OYSTERS. [ART. 71.

state, issue to such resident a license to use or employ
the said boat or vessel in catching or taking oysters
with scoop, scrape, drag, dredge or any similar instru-
ment, within the waters of the Chesapeake bay, accord-
ing to the limits prescribed in this article, and to buy

Proviso.

and sell oysters in this state; provided, that said license
shall not authorize the catching or taking of oysters with
scoop, scrape, drag, dredge, or other similar instrument,

Time to catch.

between the fifteenth day of May and the fifteenth day
of September in each year, which is hereby expressly

Proviso.

forbidden ; and provided, also, that no steamboat or
other vessel propelled by steam machinery, shall be
used for catching or taking oysters in any of the waters
of this state.

Ibid s. 4.
Licenses to
residents of
state.

3. No license shall be issued to any person who has
not been a resident of this state for the twelve months
next preceding such application; and the owner or
owners and master of such boat or vessel, when mak-

Oath

ing application for such license, shall each make oath
or affirmation before the comptroller, or his authorized
clerk, that they are bona fide owner or owners and
master of the said boat or vessel to be described in the
license for which they are applicants; that they have
been residents of this state for the time hereinbefore
mentioned ; that there is no lien on such boat or vessel
held by a non-resident ; that the said boat or vessel is
not held with an intention or under an agreement to
return her at any subsequent time to any non-resident,
and that they will comply with and obey all the laws
regulating the catching or taking of oysters in the
waters of this state ; and such applicant shall produce
before the comptroller, or his authorized clerk, at the
time of such application, the custom house enrolment
or license of such boat or vessel.

Ibid. s. 6.
Rate of license.

4. Every applicant, before obtaining such license,
shall pay the comptroller, or his authorized clerk,
therefor, at the rate of three dollars per ton for every
ton the boat or vessel for which he desires license may
measure, according to its custom house enrolment or
license ; and it shall be the duty of every person thus