than one hundred dollars, in the discretion of the justice of the peace before whom the case is heard; which amount shall be appropriated to the public school fund of the county wherein such judgment is rendered; and for the payment of the amount of fine so adjudged, any boat, seine, weir or other fishing tackle used by any person in violation of the provisions of the two preceding sections shall be seized and held as security upon complaint against such offending party. 1888, art. 39, sec. 21. 1884, ch. 503. 21. It shall not be lawful for any persons, except bona fide residents of St. Mary's, Anne Arundel, Charles, Calvert and Prince George's counties, to haul in the waters of the Patuxent river, between Sheriden's Point and Point Patience, any seine of greater length than sixty fathoms at any time between the first day of June and the first day of October following. Ibid. sec. 22. 1878, ch. 363. 22. Any person violating the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof before a justice of the peace for Calvert county, or before the circuit court for Calvert county, shall be fined a sum not less than twenty dollars nor more than fifty dollars; one-half thereof to be paid to the informer and the other half thereof to the county commissioners of said county. Ibid. sec. 23. 1860, art. 41, sec. 23. 1828, ch. 128. 1874, ch. 313. 1884, ch. 303. 23. No person shall stake down any seine or net entirely across the Patuxent river for the purpose of taking shad or herring; nor shall any person whip, thresh or beat the waters. of the Patuxent river with poles or any other instrument, for the purpose of driving any fish within any seine or net; nor shall any person, except bona fide residents of Prince George's, Charles, St Mary's, Anne Arundel and Calvert counties, in fishing in the said river, between the fifth day of March and the fifteenth day of May, use any seine or net with meshes of less than one and one-half of an inch square; or during the rest of the year with any seine or net with meshes of a less size than two inches square; and no person shall empty any seine except in water twelve inches deep; and any person violating this section shall be subject to the fine and forfeiture provided in section 20. 1888, art. 39, sec. 24. 1874, ch. 80, sec. 23 A. 24. No vessel, float, raft or boat of any description, unless compelled to do so by stress of weather or other unavoidable accident, shall be anchored or stayed in the berth or haul of any regularly hauled fishing shore in the Patuxent river and remain thus anchored for the space of half an hour when the weather will permit the departure of such vessel, raft, float or boat after being warned to depart therefrom by the owner or occupant of said fishery. Ibid. sec. 25. 1874, ch. 80, sec. 23 B. 25. Any person violating the preceding section shall pay to owner of said fishery a fine of twenty dollars for each offense, and every hour the vessel, float or boat continues after the half hour mentioned in the preceding section shall be considered a new and separate offense. Ibid. sec. 26. 1874, ch. 80, sec. 23 c. 26. The captain or owner of the vessel, float or boat referred to in the two preceding sections shall be liable to pay said fine, and the vessel, float or boat so anchored and stayed as above mentioned shall also be liable to be seized and sold to pay any fines imposed under the preceding section. Ibid. sec. 27. 1874, ch. 80, sec. 23 D. 27. If any such vessel, float or boat shall be wilfully, wantonly and maliciously or from gross negligence sailed through any seine extended in any of said fisheries, the skipper, captain or other person commanding such vessel, float or boat shall pay to the owner or holder of such seine not less than twenty nor more than one hundred dollars at the discretion of the justice of the peace trying the case. Ibid. sec. 28. 1874. ch. 80, sec. 23 E. 28. If any person shall wilfully and maliciously put any stake, log, stone, ballast or other obstruction in the berth or haul of any fishery, he shall pay a fine not less than twenty nor more than one hundred dollars, at the discretion of the justice of the peace trying the case. Ibid. sec. 29. 1888, ch. 332, sec. 1. 29.. It shall not be lawful for any person to catch or take fish in the Patuxent river, or its tributaries, with purse seines except for food purposes. 1888, art. 39, sec. 30. 1888, ch. 332, sec. 2. 30. Any person wishing to catch or take fish in the Patuxent river for food purposes, with purse seines, shall make application to a justice of the peace in the county in which he resides for a permit, and shall make oath or affirmation that he is a resident of said county, and that he does not intend to catch fish for the purpose of manufacturing into fertilizer, or to put upon the land in the raw state. Ibid. sec. 31. 1888, ch. 332, sec. 3. 31. Any person wishing to set a fish trap or pound in the Patuxent river, or its tributaries, shall make application to a justice of the peace for the county in which he resides for a permit to put down such trap, and shall make oath before such justice that he has been a bona fide resident of said county for twelve months immediately preceding the date of such application. Ibid. sec. 32. 1888, ch. 332, sec. 4. 32. Any person who shall drive down any stakes in the Patuxent river, or its tributaries, for the purpose of setting a trap or pound shall draw up all of the stakes within ten days after he removes the net from such stakes. Ibid. sec. 33. 1888, ch. 332, sec. 5. 33. Any person setting any traps or pounds in the Patuxent river shall raise or take up the nets or pounds from Saturday evening until Monday morning, and no person shall use any net of a less size than one-quarter inch mesh. Ibid. sec. 34. 1888, ch. 332, sec. 6. 34. Any justice of the peace for any of the counties bordering on the Patuxent river shall, upon application of any bond fide resident of his respective county, administer such oath and issue such permit as prescribed in sections 30 and 31, and he shall charge twenty-five cents as his fee. Ibid. sec. 35. 1888, ch. 332, sec. 7. 35. Any person violating any of the provisions of any of the six preceding sections shall, upon conviction thereof, pay a fine of not less than fifty dollars nor more than one hundred dollars, to be collected as other fines; one-half to be paid to the informer, the other half to be paid to the county commissioners of the county in which such offense is committed, for the benefit of the public schools of said county. Potomac. 1888, art. 39, sec. 36. 1860, art. 41, sec. 12. 1854, ch. 172, sec. 1. 1860, ch. 104, sec. 1. 1870, ch. 205. 1856, ch. 130. 36. The fishing season for shad and herring in the waters of the Potomac river shall begin the fifteenth day of March and end the first day of June in each year. Ibid. sec. 37. 1860, art. 41, sec. 13. 1854, ch. 172, sec. 2. 37. If any person shall haul, drift, anchor or stake in the Potomac river, or any of its tributaries in the State, any gill nets or seine of any description (except those commonly called market seines for summer and winter fish, and sturgeon nets with eight inches mesh), at any time not within the period fixed by the preceding section, he shall forfeit all the boats, seines and fixtures then in his possession and be fined for each offense not less than fifty nor more than one hundred dollars. Ibid. sec. 38. 1860, art. 41, sec. 14. 1854, ch. 172, sec. 3. 1860, ch. 104, sec. 2. 1870, ch. 205. 38. No person shall haul, drift or fish any seine or gill net within the water bounds or berths of any regularly hauled fishing landing, nor opposite to any part of the shore of the owner or occupier of any such landing, within hauling distance from such shore, between the fifteenth day of March and the first day of June in each year, without the permission of the owner or occupier of such fishing landing; and any person so offending shall be subject to the forfeiture and fine prescribed by the preceding section. Ibid. sec. 39. 1860, art. 41, sec. 15. 1860, ch. 104, sec. 3. 39. The owners or occupiers of the regularly hauled fishing landings are authorized to render any sheriff or other officer assistance necessary to arrest any person violating any of the provisions of the two preceding sections; and the said officer shall seize all boats, seines and fixtures in possession of such person, and carry the person so arrested before some justice of the peace, to be dealt with as herein directed; and the said officer may summons the posse comitatus to aid him in making arrest or seizure authorized by this section; and may for that purpose also press, at the expense of the State, any steamboat or other vessel belonging to any citizen of this State, not actually engaged in carrying the United States mail. 1888, art. 39, sec. 40. 1882, ch. 440. 1896, ch. 427. 1904, ch. 269. 40. It shall not be lawful for any person to catch or kill any black bass, green bass, rock bass, pike or pickerel or wall-eyed pike (commonly known as salmon), between the fifteenth day of April and the first day of June of each year; nor catch or kill any of said species of fish at any other time during the year, save only with a rod, hook and line or dip-net. The words "hook and line" shall not include trot line or out lines. This section is not applicable to Montgomery county. Ibid. sec. 41. 1882, ch. 440. 1896, ch. 427. 1904, ch. 269. 41. Any person violating the provisions of section 40 shall be guilty of a misdemeanor, and shall be punishable, on conviction, by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $200, or by fine and imprisonment; and it shall be the duty of the circuit court for the counties abutting on the Potomac river above the Little Falls, at each session of the Grand Jury to call its attention to the provisions of this law. This section not applicable to Montgomery county. Ibid. sec. 42. 1882, ch. 440. 1896, ch. 427. 42. The provisions of sections 40 and 41 are applicable below the Little Falls near Washington, the same having become effective by the ratification of the act of 1896, chapter 427, by Virginia and West Virginia, and become the law of Maryland by proclamation by the governor of this State on May 6, 1897. Ibid. sec. 43. 1882, ch. 440. 1896, ch. 393. 43. It shall not be lawful for any person to catch or kill any black bass, green bass, pike or pickerel or wall-eyed pike (commonly known as salmon) in the tributaries of the Potomac river between the fifteenth day of April and the first day of June of each year, nor catch or kill any of said species of fish at any other time during the year save only with a rod, hook and line or dip-net. Ibid. sec. 44. 1882, ch. 440. 1896, ch. 393. 44. Any person violating the provisions of section 43 shall be guilty of a misdemeanor and shall be punishable on convictian by imprisonment in the county jail not exceeding six months or by a fine not exceeding two hundred dollars, or by fine and imprisonment. |