ART. 39.] FISH AND FISHERIES—POTOMAC. 745

river or streams running into said river, up which fish are accus-
tomed to run and spawn, shall make and keep in repair properly
constructed fish ladders or fish ways to be placed on said dams so
as to afford to the fish in the said river or streams, free course up
and down said river or streams; said ladders or fish ways to be
approved by the fish commissioners; and if any owner of such

dams shall fail to comply with this provision, within six months
after notice has been served, as hereinafter provided, he shall be
guilty of a misdemeanor, and upon conviction thereof in the
circuit court for the county where he resides, shall be fined not
less than three hundred dollars nor more than five hundred
dollars, and such datn shall be deemed a nuisance and liable to be
abated as other nuisances under the laws of the State.

1882, ch. 440.

43. The county commissioners of the county along which a

dam or dams is or are now erected or may hereafter be erected
in or across the Potomac river or streams running into the said
liver, when satisfied that said darn or dams is or are so con-
structed as to cut off the fish from free course up and down said
river or stream, shall give notice to the owner or owners to con-
struct and keep in repair proper fish ways or ladders as herein-
before provided.

Ibid.

44. Nothing in the four preceding sections shall be so con-
strued as to prevent the catching of minnows or small fish for
angling or scientific purposes; nor to prevent the commissioners
of fisheries of this State, or any person in their employ, from

catching fish with nets or otherwise, at any time, for the purpose

of propagation or stocking other waters; nor to prevent any
person from taking fish in any way, at any time, from his private

dam or pond which he may have stocked with fish.

Ibid.

45. Any person violating the provisions of section 40 or 41,
shall pay a fine of not less than ten nor more than twenty dollars
for each offence, upon conviction before any justice having
jurisdiction in this State; and upon, failure to pay such fine and
costs, shall be imprisoned in the county jail for not less than ten