632

LAWS OF MA-RYLAND.

in the first sec.tion of this act, to employ their seines

upon the beach or shore at any time whilst engaged

in fishing, so as to leave the smaller fish to perish, but

to empty the same in water of sufficient depth to ena-

ble the smaller fish to return to the waters for growth

Return small
fish to waters.

and maturation; and any person or persons using

seines, pound nets, fish-baskets, fykes, traps, or nets

of any class or description that catch the fish alive,

shall immediately cull them and return the small

fish to the waters at the place where they were taken.

SEC. 4. And be it enacted, That no person or per-

sons other than the bona- fide residents of Kent and

Queen Anne counties shall use any boat or trap of

any kind or description used in catching fish in the

said waters of Chester river and its tributaries in said

counties; provided, however, that persons owning or

Who to fish.

occupying lands in said counties on said river and its

tributaries shall have the right to rent or otherwise

grant to non-residents the privilege of fishing on or

opposite their shores during the fishing season herein-

before limited and fixed; and, further provided, that

the right to take fish with hook and line shall be

allowed to all persons at all times.

SEC. 5. And be it enacted, That upon the informa-

tion of any citizen of either of said counties, that he

knows or verily believes that any person or persons

have violated any of the provisions of this act, before

any justice of the peace of either of the said counties,
the justice of the peace of said counties shall docket a

Docket case.

case in the name of the state of Maryland against such

person or persons so charged by oath as offending, and

issue a warrant at once to some one of the constables

or the sheriff of such county for the arrest of the party

or parties charged in said oath with such violations of

this act, to be brought before such justice for trial,

and upon conviction shall be fined not less than ten

Penalty.

nor more than sixty dollars for each and every offense,

in the discretion of said justice of the peace, one half

of which fine shall be paid to the informer, the other

half to the school fund of the county where such con-

viction was rendered; and in default of payment

of such fine such person or persons so convicted shall

be sent to the county jail where such act was com-

mitted for not less than ten nor more than thirty days,

at the discretion of the justice of the peace.