386

LAWS OF MARYLAND.

twelve months next preceding his application for said

license ; that he desires and intends to use said license in

the county in which he resides, or the waters used in com-

mon, as hereinbefore provided in this article and that he

will comply with and obey all the laws of this State regu-

lating the taking or catching of oysters.

17. The Comptroller of the Treasury shall cause to be

printed and delivered to the clerk of the Circuit Court for

Comp-
troller to

the several counties, the requisite number of such blank

furnish
licenses

licenses, aud take receipts for the same as for other

licenses furnished, aud said clerks shall, on the first Mon-

day of March and December of each year, return to the

comptroller a list and account of such license issued by

them, and at the end of each tonging season", shall return

all unused licenses to him, and shall pay over to the comp-

troller one-tenth of the amount received by him for such

licenses, which amount the said comptroller shall place to

the credit of the " oyster fund," and no license to take or

catch oysters with rake or tongs, shall be used on any boat

or vessel which is licensed to take or catch oysters with

scoop, drag, dredge or any similar instrument during the

season for which such boat or vessel is licensed and all

licenses shall expire at the. end of the season.

20. That all oysters taken from any waters of this State

Culled

(either with scoops, dredges, or any similar instrument, or

tongs or rakes) shall be culled upon their natural bed or bar as

taken, and all oyster shells, and oyster whose shells measure

less than two and one-half inches in length, measuring from

hinge to month, shall he included, in said culling, and

replaced upon said bed or bar as taken.

20 A. Any person who shall have oysters in his posses-

Misde-

sion, which contain more than five per cent, of shells and

meanor

small oysters, shall be guilty of a misdemeanor, and in as-

certaining such percentage the officer of the oyster police

force, oyster measure, or inspector, is hereby authorized and

directed to select, such an amount of oysters contained in the

pile, hold, bin or other place as he may think necessary, and

to cull or have culled the amount so selected.

20 B. In order to ascertain the quantity of small oysters,

How cargo

under size, and shell in any bulk or cargo, it shall be the

to be
measured

duty of any purchaser, with the measure to cull or have

culled one standard measure, or tub, out of every fifty

tubs and in the event of the cargo or bulk being less

than fifty tubs, then one standard tub from such

quantity as there may be, and if found to contain

five per cent., or less of shells and small oysters, then