ART. 39] CHESAPEAKE BAY——PENALTIES. 1167

said sections, or fined a sum not less than fifty dollars and
not more than one hundred dollars, 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 section 105.

1896, ch. 441, sec. 96.

107. 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 101 to 110, inclusive, of this
article, are not violated, and to arrest all persons found violat-
ng any provisions of said sections, 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. sec. 97.

108. All fines collected by the justices of the peace, under
the provisions of sections 101 to 110, 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 to 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. sec. 98.

109. The use of pound nets or stake nets shall be absolutely
prohibited in the Chesapeake bay north of the line one mile
south of Pool's Island, except the bay shore of Kent county up
to Bowel's Point at the mouth 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
subject to the same fines aud penalties as are prescribed in
section 105 of this article. And provided further, that all per-
sons 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.