1650 ARTICLE 39

shall become or dangerously threaten to become deleterious to or destruc-
tive 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 Commission of Maryland shall forthwith
investigate the matter, and if it be so found shall serve a notice in writing
on the person, firm or corporation, by whose act, default or sufferance such
condition may arise or continue, requiring the abatement of the same with-
in a time to be fixed by the Commission and to be specified in the notice,
under a penalty imposed by a Court 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 permitted to continue after the expira-
tion of the time limit set forth in the notice for the abatement of such nui-
sance, provided, however, that nothing herein contained shall be deemed to
alter, change, modify or restrict the jurisdiction of the State Board of
Health of Maryland; provided, however, that the provisions of this sec-
tion shall not apply to the Sewerage Disposal Plant of any city, town or
county in this State.

1929, ch. 471, sec. 15.

18. (Dynamiting and Poisoning Streams Unlawful—Penalty.) No
person shall place in any of the waters of this State, including lakes or
ponds, any lime, poison, acid, sawdust, shaving or other substance whatso-
ever deleterious to or destructive of fish life, or place, throw or make use of
in any waters of this State, except bona fide engineering, milling or mining
purposes, any dynamite or other explosive substance; under a penalty of
not less than $100 nor more than $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.

1929, ch. 471, sec. 16.

19. (Threshing Streams.) It shall be unlawful f or any person to whip
or beat any of the waters of this State with poles, sticks or any other thing,
for the purpose of driving fish into nets, seines or any other contrivance
for catching fish, provided that nothing in this section shall be construed
to apply to the waters of Kent County and Queen Anne's County, except
to the waters of the Sassafras River and its tributaries.

1929, ch. 471, sec. 17.

20. (Removal of Fish Without Permission Unlawful—Penalty.) Any
person or persons taking and carrying away fish belonging to another per-
son, with intent to convert the same to their own use, from any boat, live
box, or in the pocket or crib of any pound net or inclosed or gilled in a fish
net of any kind, shall be guilty of a midsdemeanor, and upon trial and con-
viction shall be fined a sum not exceeding $100, or sentenced to the county
jail in the county where he shall be first brought for trial, or to the Mary-
land House of Correction, for a period not exceeding two years, or both
fine and imprisonment.