FISH AND FISHERIES. 1449

An. Code, sec. 82. 1904, sec. 82. 1902, ch. 358, sec. 78F. 1906, ch. 161. 1924, ch. 340, sec. 82.

91. No person shall place, throw or make use of in any waters of this
State except bona fide engineering, milling or mining purposes, any dyna-
mite or other explosive substance, or any lime, poison, acid, sawdust, shav-
ing or other substance whatsoever deleterious to or destructive of fish life,
under a penalty of not less than One Hundred Dollars ($100) nor more
than Three Hundred Dollars ($300), or imprisonment in the penitentiary
for not less than one year nor more than three years, or be both fined and
imprisoned in the discretion of the Court; provided, however, that noth-
ing in this section shall apply to sawmills now in operation until October
1st, 1903, unless said sawmill or mills shall in the meantime change its
or their location; and further provided, that any sawmill or mills moving
from its or their present location, shall be considered a new mill or mills,
and shall be subject to the provisions of this section.

1924, ch. 340, sec. 82A.

92. Any person found guilty of violating any section or part or parts
of sections of this Act unless the penalty is provided for in the section,
shall be deemed guilty of a misdemeanor and upon conviction thereof
before any Justice of the Peace of this State shall be fined not less than
twenty-five dollars ($25) nor more than One Hundred Dollars ($100)
for each and every offense, and shall stand committed to the County Jail
or the Baltimore City Jail until such fine and costs are paid, that the
fines recovered, for any violation of this Act shall be paid over to the State
Comptroller or the State Game and Fish Warden for account of the State
Game and Fish Protection Fund to be used as provided by law.1

An. Code, sec. 82A. 1917, ch. 14.

93. Whenever any watercourse, well, spring, open ditch, gutter, cess-
pool, sewer, private or public, drain, privy-pit, pig-pen, or other place, or
any accumulation or deposit of waste or other offensive or noxious matters
discharged from any house, building, trades establishment or manufac-
turing place, or any waste from any vessel, shall become or dangerously
threaten to become deleterious to or destructive of fish or shellfish life,
or the propagation, cultivation or conservation thereof, or to their safety
as human food, or in any manner a menace to said fish or shellfish whether
private or public property, in any waters of the State, the Conservation
Commissioner of Maryland shall forthwith investigate the matter, and if
it be so found shall serve a notice in writing on the person, firm or cor-
poration, by whose act, default or sufferance such condition may arise
or continue, requiring the abatement of the same within a time to be fixed
by the Commissioner and to be specified in the notice, under a penalty of
not less than one hundred dollars, nor more than three hundred dollars,
or imprisonment for not less than one year nor more than three years,
or be both fined and imprisoned, in the discretion of the Court. It shall be
construed as a separate and distinct offense for each day the nuisance is

1 Sec. 2 of ch. 340 of acts, 1924, repeals all general and local laws inconsistent with said
ch. 340 to extent of such inconsistency.