ART. 39.] FISH AND FISHERIES—HEAD OF BAY. 737

P. G. L., (1860,) art. 41, sec. 9. 1820, ch. 199, sec 2 1841, ch 326, sec. 5

10. If any such vessel, float or boat shall be wittingly, wan-
tonly, 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 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 hundred dollars, and issue execution thereon as on other
judgments; and if the damages exceed one hundred dollars, then
the party injured may have an action on said ascertainment of
damages in the same manner as if it were an award; and in all
cases the damages so ascertained shall be a lien on such vessel,
float or boat.

Ibid. sec. 10. 1820, ch. 99, sec. 3. 1880, ch. 354.

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 floats, or other device, over the
ground usually hauled over by any shore fishery; nor shall any
float haul over the grounds usually hauled over by another float,
which has cleared its haul and been located in the same position
two or more fishing seasons, unless the said float shall abandon for
one spring the locality previously occupied; and any person
violating this section shall, for each offence, pay a fine of not
less than twenty-five dollars nor more than one hundred dol-
lars, and for every hour that such float, or other device, shall
remain anchored or located after notice shall be given by the
owner or occupant of such shore, float or fishery, requiring him
to remove, he shall pay an additional fine of not less than ten
dollars nor more than twenty-five dollars.
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