ART. 16.] FISH. 1509

at which they shall respectively attend and act as judges or clerks,
and for making returns of said elections.

FISH.

1874, ch. 129.

73. It shall not be lawful for any person to take, catch or kill
any fish in or from the waters of any of the creeks or streams of

water in Montgomery county, by any set nets, dip nets, or any
other device, except by hook and line.

Ibid.

74. Any person violating any of the provisions of the preced-
ing section shall forfeit and pay the sum of five dollars for each
and every offence; said sum to be recovered before a justice of
the peace as debts of like amount are now recoverable, in the
name of the State, with costs of suit, and to be appropriated to
the school fund of said Montgomery county.

Ibid.

75. The county commissioners are authorized, in their discre-
tion, to levy upon the assessable property of said county a sum of
money sufficient to defray the expense of the construction of fish
warps or ladders, to facilitate the passage of fish over any mill-
dams upon any of said creeks or streams of water in said county;
said fish warps or ladders to be constructed under the direction of

such person as may be designated by the county commissioners.

1886, ch 187.

76. Montgomery and Frederick counties are exempted from
the operation of sections 40-46 of article 39 of the code of pub-
lic general laws, title "Fish and Fisheries," sub-title "Potomac;"
provided, that such exemption shall not apply to " sledging" or
killing fish with poison or drug, or by the explosion of powder or
other substance, or to the provisions of sections 42, 43, 44 and 45
of said article, relating to fishways.

1884, ch. 815.

77. If any person shall take or catch any fish from any private
fish pond in Montgomery county, by hook and line, net, or any