ART. 39] POTOMAC. 1151

1888, art 39, sec. 53. 1870, ch. 205, sub-sec. 4.

52. If any person shall fish for shad or herring in the
Potomac river, or its tributaries aforesaid, without having first
obtained a license, as required in the three preceding sections,
except fish caught for private use and not for sale, he shall,
upon conviction thereof, be fined not less than twenty nor more
than one hundred dollars, for the first offense, and for any
second or subsequent offenses be so fined, or in the discretion
of the justice or court before whom tried, shall forfeit the seine,
or net, boat and other outfit used in such fishing; or be both
fined, and subject to the forfeiture aforesaid; one-half of such
fine to be paid to the informer, and the residue to the comp-
troller of the treasury.

Ibid. sec. 54. 1870, ch. 205, sub-sec. 5.

53. Every person to whom such license shall be granted
shall also be required to put the number of his license on each
bow of his seine or gilling-boat, outside, between the water
line and gunwale, to be painted with red oil paint on a white
space, and each figure to be not less than three inches in
height, and of proportionate width; and anyone violating or
refusing to comply with this provision shall on conviction
thereof before a justice of the peace of the county in or oppo-
site to which he may be fishing, pay a fine of not less than five
nor more than ten dollars; one-half to be paid to the informer,
and the residue to the comptroller of the treasury.

Ibid. sec. 55. 1870, ch. 205, sub-sec. 6.

64. Upon information given upon oath to any justice of the
peace having jurisdiction of any violation of any of the provi-
sions of the five preceding sections, he shall issue his warrant
for the arrest of the offender or offenders, and for the seizure
of the seines, nets, boats, and other fishing outfit, in cases when
forfeiture of the same is provided, which shall be directed to the
sheriff, or any constable of the county or other officer author-
ized to arrest under this article, to be dealt with according to
law. And it shall be the duty of any sheriff, constable or other
officer so authorized, with or without warrant, to arrest any
person violating the provisions of any of said five preceding
sections, and to seize any such seine, net, boat or other fishing
outfit in cases where forfeiture of the same is provided, and
found being used in violating any of said provisions, and to
bring such offender before a justice of the peace most accessible
or convenient, to be dealt with as herein provided.