898 WASHINGTON COUNTY. [ART. 21.

100. Whenever any person shall, under and by virtue of this
law or any law of this State, be summoned or called upon to
value and assess the damage done upon any enclosed land in
said county by the trespassing of live stock of any kind and
description whatever, they shall inspect and examine into the
state and condition of the enclosure of the land upon which the
said trespass or damages shall be alleged to have been done or
committed, and if the enclosures shall not be good and sufficient
according to the provisions of section 97 of this article, they
shall not assess any damages whatever.

101. In all actions and suits to recover damages for trespass
upon lands in said county, by any kind of live stock, the de-
fendant may plead the general issue and give the special matter
in evidence, and the plaintiff shall be non-suited whenever it
shall be clearly proven that the lands whereon the trespass shall
be alleged to be done or committed were not enclosed according
to the provisions of section 97 of this article.

FISH.

102. It shall not be lawful for any person to whip or beat the
water in the Antietam Creek or its tributary streams, Bear Creek,
Long Meadow Branch and Little Antietam, as far up those
streams as the first mill dams from the Antietam, with poles,
sticks or other things, for the purpose of driving the fish into
nets, seines, fish baskets, or other snare, or to erect any fish pot,
or fish with any net, basket, gig, trot lines, or in any other man-
ner, except with the angling rod, from the first day of March to
the fifteenth day of June in each year.

103. Any person offending against the provisions of the last
preceding section, shall forfeit and pay for each offence and for
every month a fish pot is suffered to, remain, the sum of ten dol-
lars, to be recovered in the name of the county commissioners
of said county before a justice of the peace, one-half to the in-
former, the other half to the school fund of said county.

104. Any slave who shall offend against any of the provisions
of section 102 of this article, shall, on conviction thereof before
any justice of the peace, be punished by whipping on his bare
back, in the discretion of the justice, not exceeding ten lashes
for each offence; but the master or any other person may re-
deem a slave so convicted by the payment of ten dollars for the