ART. 39.] FISH AND FISHERIES—PATAPSCO, PATUXENT. 739

tion thereof by summary process before any justice of the peace
of this State in the county in which said dam or dams is or are
situated, to a penalty of not less than fifty nor more than one
hundred dollars; five dollars to the informer, and the balance to
the county commissioners of such county for school purposes.

1874, ch. 79, sec. 5.

17. Any person who may feel himself aggrieved by any judg-
ment rendered by a justice of the peace under the four preceding

sections, shall have the right to appeal to the circuit court for the
county where the act was committed, upon the conditions and
regulations provided by law for appeals from judgments of jus-
tices of the peace; but execution shall not be stayed, unless the
party appealing shall give bond to the State in double the amount
of the fine imposed, with security approved by the justice render-
ing the judgment, with condition to prosecute his appeal with

effect, or to pay the fine imposed with all costs.

Patuxent.

P. G, L., (1860,) art. 41, sec. 22. 1841, ch 143. 1874, ch. 219.

18. It shall not be lawful for any persons, other than bona,
fide resident 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 pro-
visions of this section shall not apply to such as shall obtain per-
mission from the owners of lands bordering on said waters, to fish
off and opposite their land or lands so bordering on said waters;
and provided that none other than bona fide resident 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.

1874, ch. 219

19. It shall not be lawful for any person to empty his seines
upon the beach so as to leave the smaller fish to perish, but he
shall empty the same in water of sufficient depth to enable such
smaller fish to return to the waters for growth and maturity.