162

FISH AND FISHERIES. [ART. 14.
WATERS OF THE POTOMAC.

1864, c 71
Fish protected
between the
mouth of New
creek and Wea-
verton dam.

31. It shall not be lawful for any person or persons to whip or
beat the water in that part of the Potomac river lying between the
mouth of New creek and Weaverton dam, with poles, sticks, or
other things, for the purpose of driving the fish into nets, seines,
fish-baskets, or other seines, or to erect any fish-pot, or fish with any
drag-net, fish-basket or other snare, or in any other manner, except
with the gig, trot-lines, dip-net, or the angling rod.

1864, c. 71.
Penalty.

3 2. Any person or persons offending against the provisions of
the last preceding section, shall forfeit and pay for each offence the
sum of thirty dollars, to be recovered in the name of the county
commissioners of the county in which the offence takes place, before
a justice of the peace, one-half to the informer, the other half to the
school fund of the county, and in such action the informer shall be
a competent witness.

1864, c. 71
Justices to
account for
fines

33. Every justice of the peace shall annually account with the
county commissioners of his county, at their meeting to make the
county levy, for all fines received under this act, under the penalty
of fifty dollars for each fine by him imposed or received.

PATUXENT.

1874, c 219, s. 1.
None but resi-
dents to fish
with seines, etc

34. It shall not be lawful for any person or persons other than
bona fide residents, citizens of Prince George's, Charles, St. Mary's,
and Calvert counties, to take or catch fish in the waters of the
Patuxent river and tributaries, with any seine, weir, trap, or other
device, excepting only the hook and line; provided, that the provi-
sions of this section shall not apply to such as shall obtain permis-
sion from the owners of lands bordering on said waters, to fish off
and opposite his, her, or their land or lands so bordering on said

Proviso

waters; and provided, that none other than bona fide residents,
citizens of said counties, shall use in any of the waters of said river
that bind on Prince George's, Charles, and Calvert counties, above
the village known as Benedict, any seine, weir, or net more than
seventy fathoms long, and less than two inches square in the mesh.

Id sub-sec 1.
Seines not to be
emptied on
beach

35. It shall not be lawful for any person or persons, to empty
their seines upon the beach so as to leave the smaller fish to perish,
but to empty the same in water of sufficient depth to enable such
smaller fish to return to the waters for growth and maturation.

. Id sub-sec 2.
Penalty

36. Any person or persons violating the provisions of this act,
shall be fined not less than twenty-five nor more than one hundred
dollars, in the discretion of the justice of the peace before whom
the case is heard, which amount shall be appropriated to the public
school fund of the county wherein such judgment is rendered, and
for the payment of the amount of fine so adjudged any boat, seine,
weir, or other fishing tackle used by any person or persons in viola-
tion of the provisions of this act, shall be seized and held as secu-
rity upon complaint against such offending party.