FISH AND FISHERIES. 213

then such notice shall be posted for twenty days on a board fastened to a
stake driven in the water directly in front of the property and at a distance
not greater than 100 yards from shore. Nothing in this section shall be
construed to permit any riparian owner or any one acquiring the rights of
a riparian owner to fish with nets or seine in any manner or at any time
prohibited in this Article. Provided that the provisions of this section
shall not apply to Anne Arundel, Queen Anne's, Kent and Somerset
Counties.

As to riparian rights in general, see art. 54, sec. 47, et seq.

1929, ch. 471, sec. 23.

22. Penalty. Any person found guilty of violating any of the provi-
sions of the preceding sections of this Article, with the exception of Sec-
tion 13, unless the penalty is provided for in the section, shall be deemed
guilty of a misdemeanor and upon conviction thereof before a justice of
the peace qualified to try same or Court, shall be fined the sum of not
less than $25 nor more than $100, and shall stand committed to the County
Jail or the Baltimore City Jail until such fine and costs are paid; and
all boats, nets, seines or other equipment used for the purpose of violating
any of the above sections shall be declared forfeited, and the fines and for-
feitures shall be disposed of as provided for in Section 9.

1929, ch. 471, sec. 24.

23. Penalty for Section 13. The Conservation Commissioner shall
investigate each and every violation of Section 13, and if he finds that
anyone is obstructing the streams by not making or keeping in repair said
fish ladders upon said dams, he shall serve a notice in writing on the per-
son by whose act, default or sufferance such condition may arise or con-
tinue, requiring the abatement of same within a time to be fixed by the
Commissioner and to be specified in the notice, under a penalty of not
less than $100 nor more than $300, or imprisonment for not less than one
year nor more than three years, or to be both fined and imprisoned in the
discretion of the Court. It shall be construed as a separate and distinct
offense for each day such a condition is permitted to continue after the
expiration of the time limit set forth in the notice.

PART 2.

Tidal Waters.

1929, ch. 471, sec. 25.

24. Who May Fish. It shall be unlawful for any person who is not a
bona fide citizen or land owner of Maryland to fish in the tidal waters of
this State with nets of any description. Nothing in the above shall be
construed to permit such citizen to fish in any tributary wafers beyond
the jurisdictional limits of the county whereof he is a resident or land
owner, except that residents or land owners of the counties bordering on
a dividing river may fish such river in common, but not in any creek.