1038 FISH AND FISHERIES. [ART. 39

end of each year shall return all unused blank licenses to him, and
shall pay over to the comptroller all the moneys received by them for
such license, which amount the said comptroller shall place to the
credit of the "Oyster Fund."

1904, art. 39, sec. 105. 1896, ch. 441, sec. 94. 1908, ch. 313.

114. It shall not be lawful for any person in taking fish for sale
by the use of pound nets, fyke nets or other contrivances, now known
or hereafter invented, to set such pound nets, fyke nets or other con-
trivance, now known or hereafter invented, in waters of the Chesa-
peake bay, within the jurisdictional limits of the State of Maryland
and below Pool's island, in the Chesapeake bay, at a greater length
than one-third the distance across the bay from low water mark on
either side, and any person violating this section shall, upon conviction
thereof before some justice of the peace of any county of this State
most accessible, be fined the sum of not less than twenty nor more
than one hundred dollars, or shall forfeit said net or nets, together
with the boats and tackles used in the violation of sections 110 to 118.
inclusive, of this article, or to be subject to both fine and forfeiture, in
the discretion of the justice of the peace trying the same; provided, that
the party feeling aggrieved shall have the right of appeal as in other
cases tried before justices of the peace; and .provided further, that in
case of appeal the person appealing shall give to the State of Maryland
a good and sufficient bond, covering double the amount of the fine or
forfeiture, in case of forfeit, so as to secure to the State the amount of
fine and forfeiture, in case he does not prosecute his appeal with
effect.

Ibid, sec, 106. 1896, ch. 441, sec. 95.

115. Any non-resident of this State violating any of sections 110
to 118, inclusive, of this article, by the use of any pound net, fyke net.
haul seine or other contrivance, now known or hereafter invented, in
the taking or catching of fish, sh'all, on conviction thereof before some
justice of the peace of any county of this State most accessible, forfeit
said pound net, fyke net, haul seine or other contrivance, now used or
hereafter invented for taking fish, together with all boats, vessels and
tackle used in the violation of any of said sections, or fined a sum not
less than fifty dollars and not more than one hundred dollars, or be
subject to both fine and forfeiture, in the discretion of the justice
of the peace trying the same, provided the person feeling aggrieved
shall have the right of appeal to the circuit court for said county,
under the provisions of section 114.

Ibid. sec. 107. 1896, ch. 441, sec. 96.

116. It shall be the duty of the commander of the State fishery
force to command the deputies under his charge to see that the provi-
sions of sections 110 to 119. inclusive, of this article, are not violated,
and to arrest all persons found violating any provisions of said sections,