ART. 39] HEAD OF THE BAY. 1015

1904, art. 39, sec. 5. 1888, art. 39, sec. 5. 1860. art. 41, sec. 3. 1843,

ch. 275, sec. 1.

7. No person shall place in the head waters of the Chesapeake bay
or in the Sassafras, Elk, Bohemia, North East or Susquehanna rivers
or in any of their tributaries any stakes, piles or other thing for the
purpose of attaching seines or nets thereto, with the view of taking
shad or fish of any description; this not to apply to any portion of said
bay below Pool's island.

Ibid. sec. 6. 1888, art. 39, sec. 6. 1860, art. 41, sec. 5. 1843, ch. 275, secs. 3, 4.

8. Any person violating the preceding section shall forfeit the seine
or nets attached as aforesaid and the boats and materials used for fish-
ing the same and shall also for each offense pay a fine of fifty dollars.

Ibid. sec. 7. 1888, art. 39, sec. 7. 1860, art. 41, sec. 6. 1820, ch. 199. sec. 1.
1841, ch. 326, secs. 1, 6. 1900, ch. 611.

9. No vessel, float of timber or plank, or of any other materials, or
of any description or kind whatever, 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 Chesapeake bay, at any time between the 1st
day of April and the 20th day of May, in any year, and remain thus
anchored for the period of half an hour, when the weather will admit
of the departure of such vessel 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
Lapidum in the Susquehanna river, for the purpose of fishing, shall be
to all intents and purposes considered as a fishery within the meaning
of this section.

Ibid. sec. 8. 1888, art. 39, sec. 8. 1860, art. 41, sec. 7. 1820, ch. 199, sec. 1.

1841, ch. 326, sec. 2.

10. Any person violating the preceding section shall pay a fine of
twenty dollars for each offense; 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 offense.

Ibid. sec. 9. 1888, art. 39, sec. 9. 1860, art. 41, sec. 8. 1820, ch. 199, sec. 1.

1843, ch. 234.

11. 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.

Ibid. sec. 10. 1888, art. 39, sec. 10. 1860, art. 41, sec. 9. 1820, ch. 199,
sec. 2. 1841, ch. 326, sec. 5.

12. 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 com-
manding such vessel, float or boat shall pay to the owner or occupier of