FISH AND FISHERIES. 1439

fix to be used, whether hauling seine or gill net; the number of square
fathoms of seine or net when rigged, and that he is the bona fide owner of
the same; and every person to whom such license may be granted shall first
pay to the clerk where granted three cents for each square fathom of seine,
and one cent for each square fathom of gill net to be used; but no license
shall be granted to any one applying for the same unless such applicant
shall make oath before the clerk authorized to issue the same, or before
some justice of the peace of the same county, upon whose certificate the
clerk may issue said license, that the number of square fathoms of the seine
or net to be used, and the other facts to be inserted in said license, are strictly
true, and that he will obey and comply with all the provisions of the laws
of this State regulating fishing in the Potomac river; and for each and
every outfit, whether of hauling seine or gill net, a license shall be required.

An. Code, sec. 52. 1904, sec. 52. 1888, sec. 53. 1870, ch. 205, sub-sec. 4.

53. If any person shall fish for shad or herring in the Potomac river,
or its tributaries aforesaid, without having first obtained a license, as
required in the three preceding sections, except fish caught for private use
and not for sale, he shall, upon conviction thereof, be fined not less than
twenty nor more than one hundred dollars, for the first offense, and for any
second or subsequent offenses be so fined, or in the discretion of the justice
or court before whom tried, shall forfeit the seine, or net, boat and other
outfit used in such fishing; or be both fined, and subject to the forfeiture
aforesaid; one-half of such fine to be paid to the informer, and the residue
to the comptroller of the treasury.

An. Code, sec. 53. 1904, sec. 53. 1888, sec. 54. 1870, ch. 205, sub-sec. 5.

54. Every person to whom such license shall be granted shall also be
required to put the number of his license on each bow of his seine or gilling-
boat, outside, between the water line and gunwale, to be painted with red
oil paint on a white space, and each figure to be not less than three inches
in height, and of proportionate width; and anyone violating or refusing to
comply with this provision shall on conviction thereof before a justice of
the peace of the county in or opposite to which he may be fishing, pay a fine
of not less than five nor more than ten dollars; one-half to be paid to the
informer, and the residue to the comptroller of the treasury.

An. Code, sec. 54. 1904, sec. 54. 1888, sec. 55. 1870, ch. 205, sub-sec. 6.

55. Upon information given upon oath to any justice of the peace
having jurisdiction of any violation of any of the provisions of the five
preceding sections, he shall issue his warrant for the arrest of the offender
or offenders, and for the seizure of the seines, nets, boats, and other fishing
outfit, in cases when forfeiture of the same is provided, which shall be
directed to the sheriff, or any constable of the county or other officer author-
ized to arrest under this article, to be dealt with according to law. And it
shall be the duty of any sheriff, constable or other officer so authorized,
with or without warrant, to arrest any person violating the provisions of any
of said five preceding sections, and to seize any such seine, net, boat or