ART. 14. ] FISH AND FISHERIES.

used for fishing the same, and shall also for each offence pay a fine
of fifty dollars

157

7. No vessel, float of timber or plank, or of any other materials,
or of any description or kind whatsoever, nor any boat of any de-
scription, unless compelled to do so by stress of weather or other
unavoidable accident, shall be anchored or stayed in any fishery in
the Susquehanna river, or at the head of the Chesapeake bay, at
any time between the first day of April and the twentieth day of
May in any year, and remain thus anchored for the space of half an
hour, when the weather will admit of the departure of such vessel,
float or boat, after being ordered to depart therefrom by the owner
or occupier of such fishery; the usual haul of a seine from any float-
ing battery anchored between Spesutia Island and Point Concord in
the Chesapeake bay, for the purpose of fishing, shall be to all in-
tents and purposes considered as a fishery within the meaning of
this section.

Id s 6
1820, c 199, s 1,
1841, c 326, ss 1-6
Vessels not to
anchor in
fisheries

8. Any person violating the preceding section shall pay a fine of
twenty dollars for each offence, and every hour the vessel or other
obstruction continues after the half hour mentioned in the preceding
section shall be considered a new and separate offence

Id s 7
1820, c 199, s 1
Penalty

9. The skipper, the captain, owner or occupier of the vessel, float
or boat referred to in the two preceding sections, shall be liable to
pay said fine, and the vessel, float or boat so anchored or stayed as
above mentioned, shall also be liable to be seized and sold to pay
any fines imposed under the preceding section.

Id s 8
1820, c 199, s 1,
1843. c 234
Captain and ves-
sel liable

10. If any such vessel, float or boat shall be wittingly, wantonly
and maliciously, or from gross negligence, sailed through any seine
extended in any of the said fisheries, the skipper, captain or other
person commanding such vessel, float or boat, shall pay to the owner

Id s 9
1820, c 199, s 2,
1841, c: 326, s 5
Wantonly sail-
ing vessel
through seines

or occupier of such seine, such damages as shall be ascertained by
two respectable and disinterested men mutually chosen by the
parties, or if the parties cannot agree upon persons as aforesaid to
ascertain the damages, then any justice of the peace, on application
of either of the parties, shall appoint three disinterested persons
with power to any two of the three to ascertain such damages, and
any justice of the peace of the county where such ascertainment of
damages may be made, may enter judgment thereon against the
captain or person having charge of such vessel, float or boat, if the
sum does not exceed one bundled dollars, and issue execution
thereon as on other judgments; and if the damages exceed one hull-
died dollars, then the party injured may have an action on said as-
certainment of damages in the same manner as if it were an award;
and in all cases the damages so ascertained, shall be a lieu on such
vessel, float or boat.

Damages.

11. No float or other device for fishing shall be anchored or
located at any place so as to interfere with any shore fishery now
used as such, or which may be hereafter established, nor shall any
seine be hauled from such float or other device over the ground usu-

Id s 10
1820, c 199, s 3
How floats to be
anchored