HARRY W. NICE, GOVERNOR. 219
CHAPTER 100.

AN ACT to repeal and re-enact with amendments, Section
5 of Article 72 of the Annotated Code of Maryland (1935
Supplement), title "Oysters, " sub-title "Tonging, " and
Section 23 of said Article, sub-title "Dredging, " provid-
ing that certain license fees shall not be considered to be
in default until after lapse of thirty days from due date.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 5 of Article 72 of the Annotated
Code of Maryland (1935 Supplement), title "Oysters, " sub-
title "Tonging, " and Section 23 of said Article, sub-title
"Dredging, " be and they are hereby repealed and re-
enacted, with amendments, to read as follows:

5. If any person shall take oysters with rakes or tongs,
for sale, without first having obtained a license as required
by the preceding sections of this Article, he shall upon con-
viction thereof before a Justice of the Peace for the county
wherein the offense has been committed be fined not less
than Twenty nor more than One Hundred dollars and stand
committed to the county jail till all costs and fines are paid.
Provided, however, that no person shall be deemed to be in
default under the provisions of this Section until the lapse
of thirty days from the date on which he shall be required
to obtain such license. It shall be unlawful for any person
taking oysters with rakes or tongs, for sale or otherwise,
to use or have in his possession on any motor boat, any
scrape, dredge or other device, and the possession of any
such scrape, dredge or other device on any motor boat
which may be used in the taking and catching of oysters,
shall, and is hereby declared to be a misdemeanor, and the
party upon conviction thereof before a Justice of the Peace
for the county wherein the offense or violation occurred,
or has been committed, shall be fined not less than the sum
of Two Hundred dollars nor more than Five Hundred dol-
lars, or shall be sentenced to confinement in the House of
Correction for a term of not less than six months; and in
any such case the boat or vessel used by him shall be for-
feited, and may be condemned, in the discretion of the judge
or justice of the peace, in the manner provided in Section
31. All persons taking or catching oysters under the pro-
visions of this Article shall exhibit their authority for so
doing when required by any oyster police force, or other
officers of the State.