ART. 39] TROUT AND OTHER FISH. 1029

thereafter enter upon such premises, without the consent of the owner,
for the purpose of fishing, or shall catch in said pond or ponds, and
take therefrom any fish, shall be guilty of a trespass, and, in addition
thereto, shall be liable to a penalty of five dollars for the first fish, ten
dollars for the second, and twenty dollars for the third and each subse-
quent offense.

This section has no application to fish placed in a cove within the ebb and
flow of the tide, though a fence be constructed across the cove. This is a
penal statute; it confers no rights, but simply protects rights which other-
wise exist. Sollers v. Sollers, 77 Md. 152.

1904, art. 39, sec. 76. 1888, art. 39, sec. 77. 1874, ch. 253, sec. 5.

76. Any person or company engaged in the increase of brook trout
by artificial process (known as fish culture) may take from his or their
pond or ponds in any way, and cause to be transported, and may sell
any brook trout and the spawn of brook trout at any time; and common
carriers may transport them, and dealers may sell them on condition
that the packages thereof so transported are accompanied by a certificate
from a justice of the peace, certifying that such trout are sent by the
owners or agents or parties so engaged in fish culture; and such person
or company may take, in any way and at any time, upon the premises
of any person, under permission of the owners thereof, brook trout to
be kept and used for artificial propagation only, and for no other
purpose.

Ibid. sec. 77. 1888, art. 39, sec. 78. 1874, ch. 253, sec. 6.

77. Violation of any of the provisions of the five preceding sections
may be prosecuted by any citizen of the county in which said violation
shall take place, before any justice of the peace or circuit court for said
county; funds paid as penalties shall be equally divided between the
informer and the public school commissioners of the county, for the
benefit of the public schools in the district where the offense is com-
mitted.

Ibid. sec. 78. 1902, ch. 358, sec. 78 A. 1906, ch. 161.

78. No person shall catch or in any manner take or kill in any
waters of this State, above a point where the tide ebbs and flows, any
black bass, pickerel or pike perch, otherwise known as wall-eyed pike,
and California salmon, between the first day of April and the fifteenth
day of June, both inclusive, in each and every year, in any manner
whatsoever, nor at any time, save only with rod, line and single hook,
baited with natural bait, or tied with artificial fly, or with a spoon or
spinner, each equipped with a single hook, or of any size less than eight
inches, measuring in the case of each fish from the tip of the nose to
the end of the caudal fin or tail, under a penalty of five dollars ($5.00)
for each fish so unlawfully caught, taken or killed.