ART. 41.] FISH AND FISHERIES. 309

5. Any person violating either of the two preceding sections
shall forfeit the seine or nets attached as aforesaid, and the boats
and materials used for fishing the same, and shall also for each
offence pay a fine of fifty dollars.

6. No vessel, float of timber or plank, or of any other materials,
or of any description or kind whatsoever, nor any boat of any
description, unless compelled to do so by stress of weather or
other unavoidable accident, shall be anchored or stayed in any
fishery in the Susquehanna River, or at the head of the Chesa-
peake Bay, at any time between the first day of April and the
twentieth day of May in any year, and remain thus anchored
for the space of half an hour, when the weather will admit of the
departure of such vessel, float or boat, after being ordered to
depart therefrom by the owner or occupier of such fishery; the
usual haul of a seine from any floating battery anchored between
Spesutia Island and Point Concord in the Chesapeake Bay, for
the purpose of fishing, shall be to all intents and purposes con-
sidered as a fishery within the meaning of this section.

7. Any person violating the preceding section shall pay a fine
of twenty dollars for each offence, and every hour the vessel or
other obstruction continues after the half hour mentioned in the
preceding section shall be considered a new and separate offence.

8. The skipper, the captain, owner or occupier 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
or stayed as above mentioned, shall also be liable to be seized and
sold to pay any fines imposed under the preceding section

9. If any such vessel, float or boat shall be wittingly, wantonly
and maliciously, or from gross negligence, sailed through any
seine extended in any of the said fisheries, the skipper, captain
or other person commanding such vessel, float or boat, shall pay
to the owner or occupier of such seine, such damages as shall be
ascertained by two respectable and disinterested men mutually
chosen by the parties, or if the parties cannot agree upon per-
sons as aforesaid to ascertain the damages, then any justice of
the peace, on application of either of the parties, shall appoint
three disinterested persons with power to any two of the three
to ascertain such damages, and any justice of the peace of the
county where such ascertainment of damages may be made, may
enter judgment thereon against the captain or person having