ART. 39] THE POTOMAC. 1025

1904, art. 39, sec. 56. 1888, art. 39, sec. 57. 1870, ch. 205, sub-sec. 8.

56. All money arising from the sale of licenses or from fines, penal-
ties and forfeitures imposed under any of said sections shall be paid
by the comptroller info the treasury and placed to the credit of the
oyster fund, and the State's portion of such fines and forfeitures shall
be paid by the sheriff or other officer collecting the same to the clerk
of the circuit court for the county where the same may accrue, and such
clerk shall account for the same to the comptroller of the treasury in
his annual return; and the commanding officer of the state oyster
police force is hereby charged with the enforcement of the provisions
of said sections.

As to the oyster fund, see art. 72, sec. 31.

Ibid. sec. 57. 1888, art. 39, sec. 58. 1870, ch. 205, sub-sec. 9.

57. It shall be unlawful hereafter for any person to fish in the
Potomac river from what are known as arks or lighters, or from any
kind of vessel or float, by whatever name called, in or upon which
persons may live or may exclusively occupy, but all such fishing shall
he with and from regular seine or gilling-boats. Any violation of this
section shall subject the offender, upon conviction thereof, to a fine
of not less than twenty nor more than one hundred dollars for the first
offense, and for any second or subsequent offense to such fine, and
also, in the discretion of the justice of the peace, or of the court before
whom the offender may be convicted, to forfeiture of such ark, lighter,
vessel or float, and fishing outfit used in such violation thereof.

Ibid. sec. 58. 1888, art. 39, sec. 59. 1870, ch. 205, sub-sec. 10.

58. In case the State of Virginia shall adopt a law similar in its
provisions to the nine preceding sections, citizens of either State, when
arrested for the violation thereof by the police force, or other officer of
either State, shall be delivered up for trial to the police force, or other
officer of the State of which the offender is a citizen, unless arrested
for hindrance or disturbance of the fisheries on the shores of the other
State, in violation of any of the said provisions; in which case he
shall be tried in such other State; and in all questions of citizenship
the burden of proof shall be on the offender.

Ibid. sec. 59. 1888, art. 39, sec. 00. 1800, art. 41, sec. 21. 1852, ch. 201.

1805, ch. 135.

59. It shall not be lawful for any person, other than the owner, or
by the permission of the owner, to take or carry away from any shore
of the Potomac river, below Fort Washington, which has been or may
be used as a fishery, any sand, gravel or other matter that may form
part of said shore, to the amount of twenty bushels or more; and if
any person shall feloniously steal, take and carry away from any shore
of the Potomac river, below Fort Washington, which has been or may
be used as a fishery, any sand, gravel or other matter that may form
part of said shore, to the amount of twenty bushels or more such person
65