ART. 14. ] FISH AND FISHERIES.

161

2 7. All money arising from the sale of licenses, or from fines,
penalties, or forfeitures imposed under this article, shall, by the
comptroller, be paid into the treasury, and placed to the credit of
the oyster fund, and the State's portions of such fines and forfeit-
ures 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

Id sub-sec. 8
Proceeds from
sale of licenses,
etc, placed to
credit of the
oyster fund

of the State Fishery Force is hereby charged with the enforcement
of the provisions of this article; and the commissioners of the State
Fishery Force are hereby constituted also commissioners of fisheries
in the Potomac river.

Duty of Fishery
Force

28. It shall be unlawful hereafter for any person or persons to
fish in the Potomac river from 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,

Id. sub-sec 9.
Fishing from
arks or lighters
prohibited

upon 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 convicted, to forfeiture of such ark, lighter, vessel or float, and
fishing outfit, used in such violation thereof.

Penalty.

29. In case the State of Virginia shall adopt a law similar in its
provisions to this act, citizens of either State, when arrested for the
violation of the provisions 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 provi-
sions of this article, in which case he shall be tried in such other
State, and in all questions of citizenship the burden of proof shall
be on the offender.

Id sub-sec 10
Provisions in
case Virginia
shall adopt
similar law
9 Md 28, 12 Pet.
95, 2 Bl 125.

30. It shall not be lawful for any person, other than the owner
or by the permission of the owner, to take or carry away from any
shore of the Potomac river below Fort Washington which has been
or may be used as a fishery, any sand, gravel, or other matter that
may form part of said shore to the amount of twenty bushels or
more, and if any person shall feloniously steal, take, and carry away
from any shore of the Potomac river below Fort Washington,
which has been or may be used as a fishery, any sand, gravel, or
other matter that may form part of said shore to the amount of
twenty bushels or more, such person shall be deemed guilty of lar-
ceny, and on conviction thereof in the Circuit Court of the county
in which such larceny was committed, shall pay to the owner the

1865, c 135.
Larceny, to
carry away
sand, etc, on
fishing shores of
Potomac below
Fort Washing-
ton.

full value thereof, and be sentenced to the Penitentiary for not less
than one year nor more than five years.
11

How punished.