412

LAWS OF MARYLAND.

small and unmarketable fish to return to deep water for growth ;

and every person using, fishing or emptying any seine, net, fish-

basket, fish-pot, weir, pound-net, fyke, fish-trap, or contrivance

To cull.

of any kind, class or description which catches the fish alive,

shall immediately and caref ally cull them over and return the

small unmarketable fish to the water, where it is not less than

twelve inches in depth: all white or yellow perch under six

inches in length, and all rock-fish or pike under eight inches in

length, shall be held and considered to be "small and unmarket-

able fish," within the meaning of this section.

SEC. 155 B. Any person who shall violate any provision of the

two preceding sections, or who shall expose for sale within the

limits of said county, any white or yellow perch under six inches

in length, or any rock fish or pike under eight inches in length,

shall be arrested and the boat, seine or apparatus used in such

unlawful proceeding by him shall be seized, and upon conviction

Violations

of such offense before any justice of the peace of said county, such

offender shall be fined not less than five nor more than fifty dol-

lars, one-fourth of said fine to go to the informer, one-fourth to

the constable or sheriff making the arrest, and the remaining one-

half to the board of school commissioners for said county fcr

school purposes; in default of the payment of the fine aforesaid,

the said boat, seine, apparatus or materials so seized, shall be con-

demned and sold to pay the said fine and cost, after ten days notice

thereof by handbills posted near the place of seizure, at the court

house door and at the market house in Annapolis; and if the

owner of any property so seized, shall be unknown, or shall make

Proceed-

his escape, or shall fail to appear within five days after such

ings.

seizure, the said property so seized shall be condemned and sold

as is hereinbefore provided; any party adjudged guilty of the vio-

lation of any provision of this section, or of the two preceding

sections of the sub-title, who feels himself aggrieved thereby,

shall have thf right to appeal to the circuit court for said county

as in cases of appeal in civil cases from decisions of justices of

the peace, and subject to the same laws and rules that govern in

such other cases of appeal.

SEC. 3. And be it enacted, That this act shall take effect from

the date of its passage.

Approved April 3, 1890.