384

LAWS OF MARYLAND.

numbers shall be placed in an upright position, and worn at

all times during the dredging season, and returned at the

end of the season, and shall not be concealed or defaced ;

and no other number shall be exposed to view or used, than

that which is furnished by the comptroller ; any person who

shall violate the provisions of this section shall be deemed

guilty of a misdemeanor as provided in section twenty -one

A of this act ; and in any such case, the boat or vessel shall

be forfeited and condemned, in the discretion of the judge

in the manner as provided in section ten. The provisions

of this section shall apply to all boats licensed to take

oysters with scrape or scoop by any county in this State,

except, that the numbers for such boats shall be painted red

instead of black, and the numbers shall be delivered by the

comptroller to the clerks of the courts as they may be

ordered, and at the end of the season all licenses not used,

shall be returned by said clerks to the comptroller, and the

said clerk sliall also pay to the comptroller one-tenth of all

moneys received by him for such licenses, which sum shall

be placed to the credit of the " oyster fund."

13. If any boat or vessel shall be seen sailing on any of

the waters of this State which are exempted from dredging by

law, in the same manner in which they sail or take or catch

Evidence

oysters with scoop, scrape, drag or dredge or similar instru-

ment, the said boat or vessel shall be pursued by any officer

authorized by this article to make arrests, and if said boat

or vessel apprehended by said officer shall be found to have

on board any wet oysters, or the dredges or dredge -line, or

deck wet, indicating the taking of oysters at said time, and

properly equipped for taking or catching oysters with scoop,

scrape, drag or dredge, or similar instrument, such fact

shall be prima facie evidence, that the said boat or vessel

has been used in violation of sections one to forty-three in-

clusive ; and it shall be the duty of the officer to arrest the

person in command of aaid boat or vessel, and to seize the

said boat or vessel, together with all her equipments, and

bring the same before a judge, or a justice of the peace of

the county having jurisdiction, or, if in the Chesapeake

Bay, the county most accessible or convenient, to be dealt

with according to law ; provided, that nothing in this arti-

cle shall be construed to prohibit vessels from seeking

harbor in any waters of this State. The provisions of this

section shall extend to all boats licensed to take oysters

with scoop or scrape by any county of this State.

14. Any resident of this State desiring to catch or take

oysters, with rakes or tongs, for sale, in any of the waters

of this State, shall first obtain by application to the clerk