1168 FISH AND FISHERIES. [ART. 39

1896, ch. 441, sec. 99.

110. The sheriff or any of the constables of any of the
counties of this State, where any violations of any of the sec-
tions 101 to 109, inclusive, 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 per-
sons charged with the violation of any of said sections, and
take the said person or persons to the nearest or most accessi-
ble justice of the peace, to be dealt with according to the pro-
visions of said sections; 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 posses-
sion 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 having 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, cost 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
circuit 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."

Ibid sec 100.

111. The provisions of sections 101 to 110, inclusive, shall
not apply in any way to the use of the rod, hook and line in
the taking or catching of fish at any time during the year, or
gill nets for family purposes.

Ibid. sec. 101.

112. The lines defining the headwaters of the Chesapeake
bay at or near the mouth of the Susquehanna river shall be
defined as follows : All waters west and south of the following
line shall be considered as belonging to the Chesapeake bay,
to wit: A line drawn from Carpenter's Point, thence to Grove
Point; and a line drawn from Grove Point to Howel's Point,
but not to include any tributary of said bay.

See ante, Art 27, Secs 377-381