1430 ARTICLE 39.

An. Code, sec. 9. 1904, sec. 7. 1888, sec. 7. 1820, ch. 199. sec. 1. 1841, ch. 326, secs. 1, 6.

1900, ch. 611.

10. No vessel, float of timber or plank, or of any other materials, or
of any description or kind whatever, nor any boat of any description,
unless compelled to do so by stress of weather or other unavoidable acci-
dent, shall be anchored or stayed in any fishery in the Susquehanna river,
or at the head of the Chesapeake bay, at any time between the 1st day
of April and the 20th day of May, in any year, and remain thus anchored
for the period of half an hour, when the weather will admit of the de-
parture of such vessel or boat, after being ordered to depart therefrom
by the owner or occupier of such fishery; the usual haul of a seine from
any floating battery anchored between Spesutia island and Lapidum in
the Susquehanna river, for the purpose of fishing, shall be to all intents
and purposes considered as a fishery within the meaning of this section.

An. Code, sec. 10. 1904, sec. 8. 1888, sec. 8. 1820, ch. 199, sec. 1. 1841, ch. 326, sec. 2.

11. Any person violating the preceding section shall pay a fine of
twenty dollars for each offense; and every hour the vessel or other obstruc-
tion continues after the half hour, mentioned in the preceding section
shall be considered a new and separate offense.

An. Code, sec. 11. 1904, sec. 9. 1888, sec. 9. 1820, ch. 199, sec. 1. 1843, ch. 234.

12. The skipper, the captain, owner or occupier of the vessel, float
or boat referred to in the two preceding sections shall be liable to pay said
fine; and the vessel, float or boat so anchored or stayed as above mentioned,
shall also be liable to be seized and sold to pay any fines imposed under
the preceding section.

An. Code, sec. 12. 1904, sec. 10. 1888, sec. 10. 1820, ch. 199, sec. 2. 1841, ch. 326, sec. 5.

13. If any such vessel, float or boat shall be wittingly, wantonly and
maliciously, or from gross negligence, sailed through any seine extended
in any of the said fisheries, the skipper, captain or other person command-
ing such vessel, float or boat shall pay to the owner or occupier of such
seine such damages as shall be ascertained by two respectable and disin-
terested men mutually chosen by the parties; or if the parties cannot agree
upon persons as aforeaid to ascertain the damages, then any justice of
the peace, on application of either of the parties, shall appoint three dis-
interested persons with power to any two of the three to ascertain such
damages; and any justice of the peace of the county where such ascertain-
ment of damages may be made may enter judgment thereon against the
captain or person having charge of such vessel, float or boat, if the sum
does not exceed one hundred dollars, and issue execution thereon as on
other judgments; and if the damages exceed one hundred dollars, then
the party injured may have an action on said ascertainment of damages
in the same manner as if it were an award; and in all cases the damages
so ascertained shall be a lien on such vessel float or boat.