ART. 22.] FISH. 1949

be clearly proven that the lands whereon the trespass shall be

alleged to have been done or committed, were not enclosed accord-
ing to the provisions of section 128 of this sub-title of this article

FISH.

1880, ch. 322

133. It shall not be lawful for any person to whip or beat the
water in the Antietam creek or its tributary streams, Beaver
creek, Long Meadow Branch, and Little Antietam, with poles,
sticks or other things, for the purpose of driving the fish into
nets, seines, fish baskets or other snares, or to erect any fish pot,
or to fish with any net, basket, gig, trot line, or in any other
manner except with the angling rod and dip nets.

Ibid.

134. Any person offending against the provisions of the pre-
ceding section shall be arrested and taken before a justice of the
peace, and on conviction shall forfeit and pay for each offence,
and for each month a fish pot may be suffered to remain in any
of the streams aforesaid, a fine not exceeding the sum of twenty
dollars; and in default of payment of such fine, shall be com-
mitted to the county jail for a term not exceeding sixty days; the
said fine to be recovered in the name of the county commis-
sioners, before a justice of the peace, one-half to be paid to the
informer and the other half to the school fund of said county p
and any person feeling himself aggrieved by the judgment
rendered by any justice of the peace, in proceedings under the
provisions of this and the preceding section, shall have the right
to appeal from said judgment Jo the circuit court for "Washington
county.

P L. L., (1860,) art. 21, sec. 105.

135. Every justice of the peace shall annually account with
the county commissioners, at their meeting to make the county
levy, for all fines received under this sub-title of this article,
under the penalty of twenty dollars for each fine by him imposed
or received.

1888, ch. 543.

136. It shall not be lawful for any person to catch or kill, or
attempt to catch or kill, in the waters of Washington county, or