598

LAWS OF MARYLAND.

on or in the use of said boat so to be used in the taking, catching

or capturing of fish as aforesaid, any person who is not also a

bona fide resident of Queen Anne's county, and who has not been

such for twelve months preceding the date of his employment.

173 A. That any owner or possessor of any boat who shall be found

using the same in the waters of the Eastern bay or its tributaries,

within the jurisisdictional limits of Queen Anne's county, with-

out the authority of a license, first had and obtained as hereinbe-

fore provided, in the taking, catching or capturing of fish with

any seine, fyke, pound-net, gill-net, or any other contrivance now

Misdemea-

used or which may hereafter be invented for said purposes (other

nor.

than with a hook and line,) or who shall be found employed on or

in the use of any boat as aforesaid, used in taking, catching or

capturing fish by any person not being a bona fide resident of

Queen Anne's county as aforesaid, shall be deemed guilty of a

misdemeanor, and on conviction therefor, before and by a justice

of the peace of Queen Anne's county aforesaid, in the name of

the State as plaintiff, shall be punished with a fine not exceeding

the sum of fifty dollars, and in case of failure or refusal to pay

the same shall as part of said judgment forfeit the boat and tackle

and seine, fyke-net or other contrivance so used as aforesaid, and

in addition thereto shall be committed to the county jail for a

period not exceeding twenty days; in case the justice of the peace

shall find it necessary owing to the failure or refusal of the party

so convicted as aforesaid, to pay said fine and the costs of trial in

addition thereto to enforce the judgment of forfeiture against

said boat, tackle, seine, gill-net, pound-net or other contrivance

used in violating the provisions of this law, he shall order the

constable making the seizure to hold the same for sale, and there-

upon the constable shall forthwith proceed after ten days' public

notice by handbills, set up at two or more public places in the

county near to the place where said boat, tackle, seme, net or other

contrivance shall be, of the time, place, manner and terms of sale,

to sell the said boat and tackle, seine, pound-net, gill-net or other

contrivances for cash to the highest bidder, and after paying out

of the proceeds of said sale the costs attending the conviction,

capture and sale as aforesaid, shall pay over the residue of said

proceeds of sale, one-half thereof to the informer in the case, and

the other half to the county school commissioners for school pur-

poses; provided, however, a right of appeal shall be granted to

Proceed-

the next term of the circuit court of the county to any one feel-

ings

ing himself aggrieved by the judgment of the said justice of the

peace; in case of an appeal the judgment of the justice shall be

stayed by the giving of a bond in double the amount of the fine,

to be taken in the name of the State and with security to be ap-

proved by the justice of the peace.

174 A. It shall be unlawful for any person to use a haul seine