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ART 72.] DREDGING. 1581
or handling scoops or dredges or to have on board any vessel
a scoop, scrape or dredge, with intent to affix the same to said
vessel for use in taking or catching oysters, without having
first obtained a license to take or catch oysters with a scoop or
dredge as aforesaid, and the fact of having such scoop, dredge
or scrape on board of any vessel shall be prima facie evidence
of an intent to use the same contrary to this section.
1894, ch. 380, sec 21. 1896, ch 418.
22. The owner of such boat shall make oath before the
comptroller or his clerk, or if the owner be a resident of Balti-
more city he may make oath before the clerk of the court of
common pleas, or if a resident of a county he may make oath
before the clerk of the circuit court for said county, at the same
time exhibiting his custom-house license to said officer before
whom he makes the oath that he is the bona fide owner of such
boat described in the license; that he has been a resident of
the State for the time hereinbefore prescribed; that there is no
lien on said boat held by a non-resident, directly or indirectly,
and that the said boat is not held and shall not be knowingly
used with an intention to violate or evade provisions of this
article, and such applicant shall produce before the comptroller
at the time of making such application the certificate of the
taking of such oath and the gross custom-house tonnage, which
gross tonnage the owner shall swear to, and shall further make
oath that before the measurement of said vessel by the custom-
house officers the said vessel was not dunnaged so as to evade
the just and proper measurement of tonnage of said vessel
with a view of evading a proper and just sum for the licensing
of said vessel. The master of such boat shall also make oath
before the comptroller or his clerk, or if a resident of Balti-
more city before the clerk of the court of common pleas, or
before the clerk of the circuit court for the county wherein he
may reside, that he has been a resident of the State for the
twelve months next preceding the time of taking such oath.
Any one violating this section shall be deemed guilty of a
misdemeanor and upon conviction before a judge of the crim-
inal court of Baltimore city or a judge of the circuit court for
the county, or a justice of the peace having jurisdiction, as the
case may be, shall be fined a sum not less than fifty dollars
nor more than three hundred dollars, or be imprisoned in the
house of correction for a period of not less than three months
nor more than six months, or both, in the discretion of the
judge or justice of the peace.
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