312 EI8H AND FISHERIES. [ART. 39

/
1898, ch. 441.

95. Any non-resident of this State violating any of sections
90, 91, 92, 93, 94, 95, 96, 97 or 98 of this article, by the use of
any pound net, fyke net, haul seine or other contrivance, now
known or hereafter invented, in the taking or catching of fish,
shall, on conviction thereof before some justice of the peace of
any county of this State most accessible, forfeit said pound
net, fyke net, haul seine or other contrivance, now used or here-
after invented for taking fish, together with all boats, vessels, and
tackle used in the violation of any of said sections, or fined a sum
of not less than fifty dollars and not more than one hundred dol-
lars, or be subject to both fine and forfeiture, in the discretion of
the justice of the peace trying the same, provided the person
• feeling aggrieved shall have the right of appeal to the circuit
court for said county, under the provisions of the 94th section of
this article.

Ibid.

96. It shall be the duty of the commander of the State
fishery force to command the deputies under his charge, to see
that the provisions of sections 90 to 99, inclusive, of this article,
are not violated, and to arrest all persons found violating any
provisions of sections 90 to 98, inclusive, of this article, and
take the said offender or offenders to the nearest or most
accessible justice of the peace of any of the counties of this State,
to be dealt with according to law.

Ibid.

97. All fines collected by the justices of the peace, under the
provisions of sections 90 to 98, inclusive, of this article, shall,
within ten days thereafter, be paid to the clerk of the circuit
court for the county in which the justice of the peace may reside,
and by the said clerk be paid into the treasury of the State, to be
credited to the "Oyster Fund, " and that the provisions of these
sections of the sub-title "Chesapeake Bay" shall not apply in any
sense to any of the tributaries of the Chesapeake bay.

Ibid.

98. The use of pound nets or stake nets shall be absolutely
prohibited in the Chesapeake bay, north of the line one mile