ART. 39] HEAD OF BAY. 1139

ing, or any device whatever for the taking of herring and shad
in the Chesapeake bay at any time between the first of March
and the first of June in each year; and any person so offend-
ing shall forfeit the vessel and tackle used in such fishing and
all the nets, apparatus and devices for taking fish and also pay
a fine of fifty dollars for each offense.

1888, art. 39, sec. 2. 1860, art. 41, sec. 2. 1854, ch. 310. 1868, ch. 421.
1876, ch. 252. 1878, ch. 276. 1880, ch. 260.

2. No person shall, from the tenth day of June to the first
day of October in each year, fish with hauling seine or drag-
net of any kind within the Chesapeake bay or any of its tribu-
taries lying northward of the following line, viz : beginning at
Still Pond in Kent county and drawn westward to Lego's point
in Harford county.

Ibid. sec. 3. 1880, ch. 260.

3. Any person or persons violating any of the provisions of
the preceding section, upon conviction thereof before any jus-
tice of the peace of the county in which said section has been
violated, shall pay a fine of fifty dollars, one-half of which
shall go to the informer; and any hauling seine or hauling
seines, drag-net or drag-nets, and the boat or boats and material
used in fishing the same are hereby declared to be forfeited ;
and the justice before whom said conviction and condemnation
shall be had is authorized and directed to have said fishing
apparatus sold by the sheriff or constable making said arrest
to the highest bidder, and the proceeds, together with half the
fine, after deducting the cost, shall be paid to the county com-
missioners of the county in which said offense shall be com-
mitted for the use of the school fund of said county.

Ibid. sec. 4. 1880, oh. 260.

4. Any person, on conviction, failing to pay the fine as pre-
scribed in the preceding section, shall be imprisoned in the
county jail of the county in which said offense shall be com-
mitted; provided, however, that any one so offending shall,
upon conviction before any justice of the peace of the county
in which said offense shall be committed, have the right of
appeal to the circuit court for the county in which said offense
shall be committed, under the same restrictions that govern
appeals from the decisions of justices of the peace.