1032 FISH AND FISHERIES. [ART. 39

ten. per cent, of fish under size or weight, whether such fish so exposed
for sale, sold or bought shall have been caught, trapped or in any other
manner taken or killed in the State of Maryland or in any other State
or county, under penalty for exposing for sale, selling or buying of such
fish as provided in section 83, for catching said undersized fish, but
nothing in this section contained shall be so construed as to prevent any
of the fish commissioners of this State, in pursuance of their capacity
as fish culturist, or any other person or corporation which shall first
obtain a certificate in writing from the state game warden to the effect
that such persons or corporations are engaged in the scientific culture
or propagation only; and to obtain said certificate said persons or cor-
porations must file with the state game warden an application and
affidavit to the truth and bona fides thereof, made by the person or officers
of the corporation requesting the same, and taken before any officer
competent to administer an oath in this State, and said affidavit and
application shall be retained and kept on file by said state game warden.

As to the authority of the game warden as to fish unlawfully had in one's
possession, etc., see art. 99, sec. 52, et seq.

Cf. art. 72, sec. 10, and art. 99, sec. 26 and notes.

1904, art. 39, sec. 86. 1902, ch. 358, sec. 2. 1906, ch. 161.

86. All acts and parts of acts, and all sections and parts of sections
of the code, both of general and local laws, and all amendments of and
additions and supplements thereto, now in force in the State of Mary-
land, inconsistent with the provisions of sections 78 to 86, with the
exception only of chapter 427 of the acts of the general assembly of
Maryland, passed at the session of 1896, are hereby repealed; provided
that nothing in the said sections shall apply to Frederick, Baltimore,
Howard, Cecil, Kent, Queen Anne's, Harford, St. Mary's, Wicomico.
Charles; Talbot, Worcester, Calvert, or Somerset counties, or to Balti-
more city.

1910, ch. 286 (p. 139).

87. It shall be lawful to take cat fish and eels in any of the waters
of the State of Maryland in any manner during the months of Septem-
ber, October, November and December in each year.

1910, ch. 255, sec. 4 (p. 136).

88. Any person violating any of sections 79, 83, 85, or 95 shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined
the sum of twenty-five dollars nor more than one hundred dollars for
each and every offense, and shall stand committed to the county jail if
said fine is not paid for one day for each dollar of fine imposed, but not
for a period of more than sixty days. Any deputy game warden or
constable or informer who shall procure a conviction under said sections
shall be entitled to the half fine received, and remaining half shall be
paid over to the state treasurer to the account of the state game pro-
tection fund, to be used by the state game warden for the protection
of fish in waters of the State as may be provided by law.