ART. 41.] FISH AND FISHERIES.

69

paid into the treasury, and placed to the credit of the
oyster fund, and the state's portions of such fines and
forfeitures shall be paid by the sheriff or other officer
collecting the same, to the clerk of the circuit court of
the county where the same may accrue, and such clerk
shall account for the same to the comptroller of the
treasury in his annual return; and the commanding

officer of the "state oyster police force" is hereby
charged with the enforcement of the provisions of this
article ; and it shall be his duty to enforce the same,

Duty of oyster
police force.

as provided in sections twenty-one, twenty-two and
twenty-three of the act of assembly of eighteen hun-
dred and sixty-eight, chapter four hundred and six, in
regard to oysters ; and the commissioners of the state
oyster police force are hereby constituted also commis-
sioners of fisheries in the Potomac river.
Sub-Sec. 9. It shall be unlawful hereafter for any
person or persons to fish in the Potomac river from

[See art 71,
s 32, post.]

what are known as arks or lighters, or from any kind
of vessel or float, by whatever name called, in or
upon which such persons may live or may exclusively
occupy, but all such fishing shall be with and from
regular seine or gilling boats. Any violation of this
section shall subject the offender or offenders, upon

Fishing from
arks or lighters
prohibited.

conviction thereof, to a fine of not less than twenty
nor more than one hundred dollars for the first offence,
and for any second or subsequent offence, to such fine,
and also, in the discretion of the justice of the peace}
or of the court before whom the offender may be con-
victed, to forfeiture of such ark, lighter, vessel or float,
and fishing outfit, used in such violation thereof.
Sub-Sec. 10. In case the state of Virginia shall adopt

Penalty.

a law similar in its provisions to this act, citizens of
either state, when arrested for the violation of the pro-
visions of this article by the police force, or other officer
of either state, shall be delivered up for trial to the
police force, or other officer of the state of which the
offender is a citizen, unless arrested for hindrance or
disturbance of the fisheries on the shores of the other
state, in violation of any of the provisions of this arti-

Provisions In
case Virginia
shall adopt
similar law.