ART. 13. ] OYSTERS
fined not less than fifty nor more than one hundred dollars, or im-

149

prisoned in the jail of the county where the case is tried, not more
than six months, in the discretion of the court; provided, the court
or jury trying the same, shall be convinced that the provisions of
this section have been intentionally violated

Punishment

16. Any resident of this State, desiring to use any canoe, or
other boat, in catching or taking oysters, for sale, with rakes or
tongs, in any of the waters of this State, shall first obtain, by ap-
plication to the clerk of the Circuit Court for the county wherein
he may reside, a license therefor, and such license shall have effect

Id s 17
Application by
resident of State
for license to
use canoe, etc,
to take oysters
with rakes, etc

from the first day of June, in the year in which it may have been

Time

obtained, to the first day of June next succeeding; provided, that
such license shall not authorize the use of said canoe or boat, in
taking or catching oysters in any creek, cove, river, inlet, bay, or
sound, within the limits of any county other than that wherein the
license shall have been granted, and that the boundaries of counties
bordering on navigable waters shall be strictly construed, so as not
to permit the residents of either county to take or catch oysters
beyond the middle of the dividing channel, provided, that nothing
in this section shall be so construed as to prevent the citizens of

Proviso.

Calvert and St. Mary's counties from using the waters of the Pa-
tuxent river in common, or the citizens of Queen Anne and Kent
from using the waters of the Chester river in common, or the cit-
izens of Dorchester and Wicomico from using the waters of the Nan-
ticoke in common, or the citizens of Queen Anne and Talbot, from
using the waters of Wye river and the mouth thereof in common.

Various coun-
ties excepted.

17. Each and every license to take or catch oysters, for sale,
with rakes or tongs, shall state the name and residence of the per-
son to whom the same is to be granted, the number together with
the length, to be obtained by top or over all measurement of the
canoe or boat licensed, the county in winch the same is to be used,
and the period at which said license will expire, and every appli-
cant for such license shall pay to the clerk of the court, where such
license may be granted, and before the issuing and delivery of the

Id s 18
What license
shall state

same, according to the following rates, viz.: for any boat measuring
in length twenty feet or less, the sum of two dollars, measuring
from twenty to twenty-five feet, the sum of three dollars, measuring
from twenty-five to thirty feet the sum of four dollars, and all over
thirty feet, including sloops under custom-house tonnage, the sum

Bates

of five dollars each; and all oysters taken with rakes or tongs shall
be culled upon the natural beds where they are taken, the amount

Where oysters
to be culled

received from longing license to be paid by the clerk to the school
commissioners for the public schools of the respective counties
where such license is issued, provided the sum received from white
tongers shall go to white schools, and the sum from colored tongers
to the colored schools.

To whom
amounts re-
ceived for tong-
ing license to be
paid

18. Every applicant for license to use any canoe or other boat,
in taking or catching oysters with rakes or tongs, shall be required

Id s 19
Oath by appli-
cant