1462 ARTICLE 39.

An. Code, sec. 118. 1904, sec. 109. 1896, ch. 441, sec. 98. 1908, ch. 313.

137. The use of pound nets or stake nets shall be absolutely prohibited
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 in-
vented, in violation of this section, shall be subject to the same fines and
penalties as are prescribed in section 132 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 ex-
empted.

An. Code, sec. 119. 1904, sec. 110. 1896, ch. 441, sec. 99.

138. The sheriff or any of the constables of any of the counties of this
State, where any violation of any of the sections 127 to 137, inclusive, 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 provisions 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 for-
feiture 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,
setting forth the time, place and terms of said sale, and the proceeds of such
sale shall apply in the first place to the costs and charges incident to judg-
ment, cost and forfeitures, and costs of seizure, sale and other costs incident
to said sale, and the balance shall pay over to the clerk of the circuit court
for the county in which the sale is made, and by the said clerk said balance
shall be paid over to the comptroller of the State, to the credit of the
" Oyster Fund."

An. Code, sec. 120. 1904, sec. 111. 1896, ch. 441, sec. 100.

139. The provisions of sections 127 to 138, inclusive, shall not apply
in any way to the use of the rod, hook and line in the taking or catching
fish at any time during the year, or gill nets for family purposes.

An. Code, sec. 121. 1904, sec. 112. 1896, ch. 441, sec. 101.

140. The lines defining the headwaters of the Chesapeake bay at or
near the mouth of the Susquehanna river shall be defined as follows: All