ROBERT M. McLANE, ESQUIRE, GOVERNOR.

715

dent of the state for the time before mentioned; that

there is no lien on said boat held by a non-resident ;

No lien.

that the said boat is not held with an intention to vio-

late the provisions of this law; such applicant shall

produce before the comptroller at the time of such

application the certificate of the taking of such oath,

the custom-house enrollment, or license of such boat;

and if such boat is under custom-house tonnage the

owner shall swear as to her tonnage; the master of

such boat shall make oath before the comptroller or

Master make
oath.

his clerk, or if a resident of Baltimore city before the

clerk of the court of common pleas or the clerk of the

circuit court for the county wherein he may reside,

that he has been a resident of the State of Maryland

for twelve months next preceding the time of taking

such oath.

SEC. 6. And be it enacted, That before granting such

license the comptroller shall receive for it from the

Cost of license.

applicant at the rate of three dollars per ton for every

ton the boat may measure; the license shall be ex-

hibited whenever called for by any officer of the State

of Maryland; provided, however, that it is intended

Proviso.

by this act to be, and it is hereby enacted, that if any

person shall employ such boat in carrying, bringing

and selling oysters as aforesaid, without being engaged

in the catching or taking thereof, such person shall

pay the license required by this section, and be subject

generally to the provisions and qualifications of this

and preceding sections; and it is further understood

Proviso.

and provided that if any person shall be engaged with

such boat in both catching and taking, and in carry-

ing, buying and Belling, such person shall be required

to pay only one license.

SEC. 7. And be it enacted, That any master or per-

son in charge of any vessel who shall violate any of

the provisions of the preceding sections by taking oys-
ters unlawfully, shall be deemed guilty of a felony,

Guilty of felony

and upon indictment and conviction in any circuit

court in this state before whom such case is tried,

shall be sentenced to the penitentiary for a term not

less than one year nor more than three years, and the

boat or vessel used in such violation, together with the

Penalty

papers, furniture and tackle on board of said beat or

vessel at the time of the said violation, shall be for-

feited, but shall be released upon the payment of not

less than one hundred dollars nor more than five hun-