1652 ARTICLE 39

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.

25. (Penalty.) Any person found guilty of violating any of the pro-
visions of the preceding sections of this Article, with the exception of Sec-
tion 16, 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
forfeitures shall be disposed of as provided for in Section 12.

1929, ch. 471, sec. 24.

26. (Penalty for Section 16.) The Conservation Commission shall
investigate each and every violation of Section 16, 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
Commission 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.

27. (Who May Fish.) It shall be unlawful f or 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 waters 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,
cove, river, inlet or sound emptying into the said dividing river and lying
wholly wthin. a county other than the one of which he is a resident or
land owner, except as provided for in Section 24, sub-title "Riparian
Rights," except that a non-resident of one county may fish in the waters
within the Jurisdictional limits of another county after having first ob-
tained the written permission of the abutting land-owner and providing
further that the provisions of this section shall not apply to the catching
of eels.