ART. 39] PROHIBITIONS AND PENALTIES. 1159

1902, ch. 358, sec. 78 G.

83. No person shall at any time empty any seine or net of
any description whatsoever upon the beach, shore or land
bordering upon any of the waters of this State, above tide, and
no person shall at any time so empty any such seine or net as
to leave to perish upon the said beach, shore or land, or upon
any boat or float, any white perch of any size less than seven
inches in length, or any yellow perch of any size less than eight
inches in length, or any rock fish or striped bass, or any taylor
of any size less than ten inches in length, or any pike of any
size less than fourteen inches in length, measuring in the case
of each one of the said fish from the tip of the nose to the end
of the caudal fin or tail; but every person so using any seine
or net of any description shall immediately and carefully cull
over and return alive, if possible, to water of not less than
twelve inches deep, all of the aforesaid fish therein captured of
any size less than the aforesaid respective lengths, under a
penalty of not less than twenty-five dollars ($25.00), nor more
than one hundred dollars ($100.00), for each and every offense;
provided, however, that nothing in this section contained shall
prevent any one from capturing and destroying in any manner,
save only by the way prohibited by section 82, any German
carp, or any leather carp, or any carp of any description what-
soever of any size.

Ibid. sec. 78 H

84. All justices of the peace of this State, in and for the city
or county wherein the offense shall be committed, shall have
jurisdiction to hear and determine all prosecutions for the
purpose of enforcing fines and penalties collectible under the
provisions of sections 78 to 85, both inclusive, and all such
fines and penalties are hereby expressly made subject to the
provisions of article 99, sub-title "Game Warden," relating to
prosecutions for violations of article 39 and article 99; and in
all cases where such prosecutions are begun or instituted by
any person other than the State game warden, or one of his
deputy game wardens of this State, and shall result in the
collection of a fine or fines, then one-half of such fine or fines,
after the proper court costs, or costs of the magistrate in con-
victing the offender shall have been paid, shall be paid to the
informer, and the other half to the school fund of the city or
county in which said prosecution is conducted. It shall be
unlawful for any person or persons in any manner to throw or
cause to be thrown any slab of timber or other substance