FISH AND FISHERIES. 487

(for a distance not to exceed fifty yards) which empties into the Monoc-
acy River in Frederick County; and also in the waters of Montgomery
County.

It shall be lawful in the waters of Frederick County and in the waters
of Montgomery County for any person who has secured a resident angler's
license to use bush bobs or bank poles (not exceeding a total of 25 in all)
and not exceeding one hook to a pole or bob and when not baited with scale
bait or live bait to catch suckers, catfish, carp, eels and gudgeon.

It shall be lawful in the waters of Potomac River in Montgomery
County for any person who has secured a resident angler's license to catch
shad by use of dip net between the first day of April and the tenth day
of June, both dates inclusive.

It shall be lawful for any person to take, catch or have in possession in
any one day ten each of trout or bass of any species. Any bass or trout
caught and returned to the waters shall be considered for the purpose
of this section as having been either taken, caught, or had in possession.

If any person is found in or about any waters designated in this section
with a gig or gig iron and a light, or with nets or seines, fish pots or other
fishing rigs other than permitted in this section, it shall be deemed prima
facie evidence that same was in possession for the purpose of violating
this section.

The catching, however, of bait fish by use of a dip or landing net or
seine not over six feet in length nor greater than three feet in depth, shall
not be considered as a violation of this section. ¹

1929, ch. 471, sec. 65.

72. Trespass Upon Land to Fish in Privately Owned Ponds Prohibited
—Proviso—Penalty. Whenever any person who owns, controls or erects
an artificial pond upon his own land, or land of which he is in legal pos-
session, shall put therein any fish or the eggs or spawn of fish for the pur-
pose of breeding and cultivating fish, and shall give notice thereof either
in one or more newspapers of the county, or by written or printed hand-
bills put up in public places near said pond, any person who thereafter
enters upon such premises, without the consent of the owner, for the pur-
pose of fishing, or shall catch in said pond or ponds, and take therefrom
any fish, shall be guilty of a trespass and in addition thereto, shall be
guilty of a misdemeanor and upon conviction thereof. before any justice
of the peace in this State shall be fined not less than $25. 00 nor more than
$100. 00 for each and every offense, and shall stand committed to the
county jail or Baltimore City jail until such fine and costs are paid.

1929, ch. 471, sec. 66.

73. Private Propagation of Game Fish. Any person or company en-
gaged in the increase of Brook Trout or Bass by artificial process (known
as fish culture) may take from his or their pond or ponds in any way, and

¹ Sec. 3 of ch. 188 of acts of 1933 repealed all laws inconsistent therewith to extent
of such inconsistency.