612 FISH AND FISHERIES. [ART. 39

If any person shall use or set, or cause to be used or set, any such
net or seine as aforesaid, or shall take or catch crabs in the waters of
the Potomac River within the jurisdiction of the State of Maryland or
Virginia without having first paid the tax and obtained the license pro-
vided for under the laws of the State in which such net is set or crabs
are taken, he shall be deemed guilty of a violation of the provisions of
this section, and shall, for each such violation, be fined not less than
ten dollars nor more than two hundred dollars, and shall forfeit to the
State such net or other fishing devices used in said violations.

It shall be unlawful for any person to use a haul seine or pound net
head or pocket having a. smaller mesh than two inches, stretched meas-
ure, for the purpose of catching food fish. Any net having a funnel
mouth, round mouth, or square mouth, with head above water, shall
be construed as a pound net. Any person or persons using a net in
violation of this provision shall be fined not less than ten dollars nor
more than one hundred dollars for each offense, and such net or nets
shall be forfeited to the State.

1912, ch. 4.

59C. All offenses committed against the provisions of sections 59A-
59F by persons not citizens and residents of either State may be pun-
ished by any of the magistrates or courts of either State having crimi-
nal jurisdiction; all offenses committed against the provisions of said
sections by citizens of either State, shall be punished by any of the
magistrates or Courts of the State of which he is a citizen having crimi-
nal jurisdiction.

The authorities of either State shall have the right to examine into
the right of any person taking fish, oysters or crabs in the Potomac
River, or having same in his possession; and any person taking fish,
oysters or crabs in the Potomac River or having same in his possession
shall exhibit his authority for so doing whenever required by the police
or other legal authority of either State. The legal authorities of either
State shall have the right to arrest any such offender, and, if necessary
in order to arrest, shall pursue such offender beyond the boundary line
of either State upon navigable waters, and arrest such offender when-
ever found upon such waters.

This section is a duplicate of article 72, section 68F.

1912, ch. 4.

59D. Any person violating sections 59A-59F, where not otherwise
provided, shall, upon conviction thereof, be fined not less than twenty-
five dollars nor more than three hundred dollars; and where forfeiture
of boat, vessel, net or other equipment is provided for in sections 59A
59F the said boat, vessel, net or other equipment shall be sold at public
auction by the sheriff of the county for cash after ten days' notice; in
case of appeal, the appellant shall remain in custody, and the boat,
vessel, net or other equipment shall be sold as above provided, unless
recognizance be entered into for double the amount of the fine and