754 FISH AND FISHERIES—TROUT—OTHER FISH. [ART. 39.

1874, ch. 233, sec. 2.

74. It shall not be lawful for any person within this State to
take or catch any brook trout at any time in any of the waters
of the State by means of any fish basket, seine or seines, net
or nets, trap or traps, under a penalty of five dollars for each
and every fish so taken.

Ibid. sec. 3.

75. No person shall place in any fresh water stream, lake or
pond, without the consent of the owner, or in the waters and
estuaries with the rivers debouching into them, any lime or other
deleterious substance, with the intent thereby to poison or catch
fish, under a penalty of one hundred dollars.

Ibid. sec. 4.

76. Whenever any person who owns, controls or erects an
artificial pond upon his own land, or land of which he is in legal
possession, shall put therein any fish or the eggs or spawn of
fish, for the purpose of breeding and cultivating fish, and shall
give notice thereof, either in one or more newspapers of the
county, or by written or printed handbills put up in pubh'c places
near said pond, any person who shall thereafter enter upon such
premises, without the consent of the owner, for the purpose of
fishing, or shall catch in said pond or ponds and take therefrom
any fish, shall be guilty of a trespass, and, in addition thereto,
shall be liable to a penalty of five dollars for the first fish, ten
dollars for the second, and twenty dollars for the third and each
subsequent offence.

Ibid. sec. 5.

77. Any person or company engaged in the increase of brook
trout by artificial process (known as fish culture) may take
from his or their pond or ponds in any way, and cause to be
transported, and may sell any brook trout and the spawn of
brook trout at any time; and common carriers may transport
them, and dealers may sell them on condition that the packages
thereof so transported are accompanied by a certificate from a
justice of the peace, certifying that such trout are sent by the
owners or agents of parties so engaged in fish culture; and such
person or company may take, in any way and at any time, upon