ART. 39] THE POTOMAC. 1021

1904, art. 39, sec. 38. 1888, art. 39, 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. 1888, art 39, sec. 39. 1860, art. 41, sec. 15.
1860, ch. 104, sec. 3.

39. The owners or occupiers of the regularly hauled fishing land
ings 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.
Cf. art. 72, sections 29 and 30, and art. 99, sec. 9.

Ibid. sec. 40. 1888, art. 39, sec. 40. 1882, ch. 440. 1896, ch. 427.
1904, ch. 269.

40. Tt 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 (com-
monly 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. 1888, art. 39, 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. 1888, art. 39, 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