ART. 39] CHESAPEAKE BAT. 313

south of Pool's Island, except the bay shore of Kent county
up to Howel's Point at the month of Sassafras river, and also
on the Susquehanna river; and any person who shall engage in
fishing for sale, with the use of said pound nets, stake nets or
similar contrivance now used or hereafter invented, shall be sub-
ject to the same fines and penalties as are prescribed in section
94 of this article. And provided further, that all persons using
haul seines and similar contrivances, except pound nets and stake
nets, which are hereby prohibited, shall pay the same license and
be subject to the provisions of all the sections under the sub-title
"Chesapeake Bay, " of this article, except gill nets, which are
exempted.

1898. ch. 441.

99. The sheriff or any of the constables of any of the counties
of this State, where any violations of any of the sections 90 to
98, inclusive, of this article shall come to his knowledge or upon
the warrant of some justice of the peace of any of the counties
of this State, shall apprehend the said person or persons charged
with the violation of any of said sections, and take the said per-
son or persons to the nearest or most accessible justice of the
peace, to be dealt with according to the provisions of said sec-
tions; and it shall be the further duty of the sheriff, or any of
the constables of the county, in case of a forfeiture of any net or
nets, boat or boats, or tackle, by any justice of the peace of any
of the counties of this State, under any of the provisions of said
sections, to hold and take possession of said nets, boats or tackle
thus forfeited as aforesaid, and to offer the said net, nets, boat,
boats or tackle for sale for cash to the highest bidder, after hav-
ing advertised the same for sale in one or more conspicuous places
in the neighborhood of said sale, setting forth the time, place and
terms of said sale, and the proceeds of such sale shall apply in the
first place to the costs and charges incident to judgment, costs and
forfeitures, and costs of seizure, sale and other costs incident to
said sale, and the balance shall pay over to the clerk of the cir-
cuit court for the county in which the sale is made, and by the
said clerk said balance shall be paid over to the comptroller of
the State, to the credit of the "Oyster Fund. "