750 FISH AND FISHERIES—POTOMAC. [ART. 39.

or subsequent offence to such fine, and also, in the diseretion 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.

1870, ch. 205.

59. In case the State of Virginia shall adopt a law similar in
its provisions to the nine preceding sections, citizens of either
State, when arrested for the violation thereof 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 said provisions: 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.

P. G. L., (1860,) art. 41, sec. 21 1852, ch. 291. 1865, ch. 135.

60. 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 Washing-
ton, 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
larceny, and on conviction thereof in the circuit court for the

county in which such larceny was committed, shall pay to the

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

Rivers in Talbot, Dorchester and Caroline Counties.

P. G. L, (1860,) art 41, sec. 24 1843, ch. 142, sec 1 1852, ch. 240.

61. No person shall take or catch fish in the waters of Talbot,

Dorchester or Caroline counties, except the citizens of said coun-

ties, and except such residents of this State as may obtain the

permission of the owner or occupier of land bordering on any of