ART. 21.] FISH. 1871

the preceding section in either of the aforesaid counties, upon
conviction thereof before a justice of the peace in the county
where the offence shall be committed, shall be fined not less than
five nor more than fifty dollars, or shall be subject to a forfeit of
the seine, the boat and appurtenances thereto belonging, in the
discretion of the said justice; provided, that an appeal to the cir-
cuit court may be taken at any time within ten days from the
rendering of such judgment, under bond and approved security.

1884, ch. 410.

107. It shall not be lawful for any one to take or catqh fish in
the waters of Talbot county with seines having meshes of a size
less than five inches around the square, or to land any seine upon
the shores of any owner or occupant of land without his consent;
nor shall it be lawful for any one, except bona, fide residents of
eaid county, to take or catch crabs from any of such waters of a
greater depth than three feet; provided, that this section shall
be construed as applying only to the creeks and tributaries of the
Choptank river lying within Talbot county.

P. L. L., (1860,) art. 20, sec 88.

108. Any justice of the peace of said county, may issue his
warrant, directed to the sheriff or any constable, against any
person offending against any of the provisions of the two pre-
ceding sections, and upon proof of his guilt shall fine him not
less than five nor more than fifty dollars, and shall also adjudge
and condemn as forfeited the boat or vessel in the possession of
the offending party, together with the seine used in violation of
said sections, and all the furniture, tackle and apparel, and all
things on board at the time of her seizure; and shall direct the
sheriff or constable to sell the same to the highest bidder for cash,
after ten days' notice, at two of the most public places in the
neighborhood.

Ibid. sec. 89.

109. After the payment of the costs of prosecution, the pro-
ceeds of the fine and sale of the boat, and other articles con-
demned, shall be appropriated in the following manner: one-
fourth to the sheriff or constable making the arrest and seizure,