ART. 39] CHESAPEAKE BAY. 1039

and take the said offender or offenders to the nearest or most accessible
justice of the peace of any of the counties of this State, to be dealt
with according to law.

As to the state fishery force, see art. 72, sec.,34, et seq.; also, art. 72, sec. 70.

1904, art. 39, sec. 108. 1896, ch. 441, sec. 97.

117. All fines collected by the justices of the peace, under the pro-
visions of sections 110 to 119, inclusive, of this article, shall, within
ten days thereafter, be paid to the clerk of the circuit court for the
county in which the justice of the peace may reside, and by the said
clerk to be paid into the treasury of the State, to be credited to the
"Oyster Fund," and that the provisions of these sections of the sub-
title "Chesapeake Bay" shall not apply in any sense to any of the
tributaries of the Chesapeake bay.

Ibid. sec. 109. 1896, ch. 441, sec. 98. 1908, ch. 313.

118. The use of pound nets or stake nets shall be absolutely pro-
hibited in the Chesapeake bay north of Pool's island, except the bay
shore of Kent county up to Howel's Point, at the mouth of Sassafras
river, and also on the Susquehanna river (and except on the west side
of the Chesapeake bay from Pool's island north to one-half mile north
of Spesutia island, on the west side of the bay, not to exceed eight
hundred yards from the shore) and any person who shall engage in
fishing for sale, with the use of said pound nets, stake nets or similar
contrivance now used or hereafter invented, in violation of this section,
shall be subject to the same fines and penalties as are prescribed in
section 114 of this article, and, provided further, that all persons
using haul seines and similar contrivances, except pound nets and
stake nets, which are hereby prohibited, shall pay the same license and
be subject to the same provisions of all sections under the sub-title
"Chesapeake Bay," of this article, except gill nets, which are exempted.

Ibid. sec. 110. 1896, ch. 441, sec. 99.

119. The sheriff or any of the constables of any of the counties of
this State, where any violation of any of the sections 110 to 118, inclu-
sive, shall come to his knowledge or upon the warrant of some justice
of the peace of any of the counties of this State, shall apprehend the
said person or persons charged with the violation of any of said
sections, and take the said person or persons to the nearest or most
accessible justice of the peace, to be dealt with according to the pro-
visions of said sections; and it shall be the further duty of the sheriff
or any of the constables of the county, in case of a forfeiture of any
net or nets, boat or boats, or tackle, by any justice of the peace of any
of the counties of this State, under any of the provisions of said sections,
to hold and take possession of said nets, boats or tackle thus forfeited
as aforesaid, and to offer the said net, nets, boat, boats or tackle for
sale for cash to the highest bidder, after having advertised the same for
sale in one or more conspicuous places in the neighborhood of said sale.