ART. 8.] FISH. 831

with a basket, or any other device so as to close the opening
therein, whereby the young shad may be destroyed, he shall give
notice thereof to any justice of the peace of the county, who,
upon such information of said constable, or of any other person

on oath, shall issue his warrant to apprehend such offender, and
take him before some justice of the peace of the county; and he
shall, by the justice before whom he may be taken, be compelled
to enter into recognizance for his appearance at the next term of
the circuit court for Cecil county.

P. L. L., (1860,) art. 8, sec 99.

158. The person so arrested shall be proceeded against by
indictment in the said circuit court, and upon conviction or con-
fession of the offence charged, shall he fined by the court not

exceeding sixty dollars for any such offence, one-half to the said
constable, or such other person as shall prosecute for the same,
the other half to the use of the county.

Ibid. sec. 100.

159. The said constable, for the discharge of said duties, and
upon his making oath thereto, shall be allowed by the county
commissioners the sum of sixteen dollars per annum.

1870, ch. 185.

160. It shall not be lawful for any person to whip or beat the

waters of Mill creek, or the waters of Principio creek, in Cecil

county, with poles, sticks or any other thing, for the purpose of

driving fish into seines, nets, fish baskets, or any other contri-
vance for catching fish.

Ibid.

161. Any person violating the provisions of the preceding
section, who shall be convicted before a justice of the peace of
Cecil county of the same, shall forfeit the boats, nets, seines and

other fixtures used by him at the time of such violation ; and the
proceeds of the sale of such forfeited property or fixtures, after
deducting the costs of prosecution, shall be paid, one-half to the
informer, and the other half to the school commissioners of Cecil

county, for the benefit of the public schools of said county.