1024 FISH AND FISHERIES. [ART. 39

1904, art. 39, sec. 52. 1888, art. 39, sec. 53. 1870, ch 205, sub-sec. 4.

52. If any person shall fish for shad or herring in the Potomac
river, or its tributaries aforesaid, without having first obtained a license,
as required in the three preceding sections, except fish caught for
private use and not for sale, he shall, upon conviction thereof, be fined
not less than twenty nor more than one hundred dollars, for the first
offense, and for any second or subsequent offenses be so fined, or in
the discretion of the justice or court before whom tried, shall forfeit
the seine, or net, boat and other outfit used in such fishing; or be both
fined, and subject to the forfeiture aforesaid; one-half of such fine to
be paid to the informer, and the residue to the comptroller of the
treasury.

Ibid. sec. 53. 1888, art. 39, sec. 54. 1870, ch. 205, sub-sec. 5.

53. Every person to whom such license shall be granted shall also
be required to put the number of his license on each bow of his seine or
gilling-boat, outside, between the water line and gunwale, to be painted
with red oil paint on a white space, and each figure to be not less than
three inches in height, and of proportionate width; and anyone violat-
ing or refusing to comply with this provision shall on conviction thereof
before a justice of the peace of the county in or opposite to which he
may be fishing, pay a fine of not less than five nor more than ten dol-
lars; one-half to be paid to the informer, and the residue to the comp-
troller of the treasury.

Ibid. sec. 54. 188S, art. 39, sec. 55. 1870, ch. 205, sub-sec. 6.

54. Upon information given upon oath to any justice of the peace
having jurisdiction of any violation of any of the provisions of the
five preceding sections, he shall issue his warrant for the arrest of the
offender or offenders, and for the seizure of the seines, nets, boats, and
other fishing outfit, in cases when forfeiture of the same is provided,
which shall be directed to the sheriff, or any constable of the county or
other officer authorized to arrest under this article, to be dealt with
according to law. And it shall be the duty of any sheriff, constable
or other officer so authorized, with or without warrant, to arrest any
person violating the provisions of any of said five preceding sections,
and to seize any such seine, net, boat or other fishing outfit in cases
where forfeiture of the same is provided, and found being used in violat-
ing any of said provisions, and to bring such offender before a justice
of the peace most accessible or convenient, to be dealt with as herein
provided.

Ibid. sec. 55. 1888, art. 39, sec. 56. 1870, ch. 205, sub-sec. 7.

55. All vessels or other property condemned under the provisions of
any of the six preceding sections shall be sold by the sheriff or other
officer making the seizure, on ten days' notice; and the proceeds of
sale, after deducting the expenses thereof, shall be paid over to the
clerk of the circuit court for the county, to be disposed of as herein pro-
vided.

Cf. art 72, sec. 29.