224

LAWS OF MARYLAND.

said land may be situated; and provided, fur-
ther, that the rights to take and catch fish
with hook and line shall be allowed to ail per-
sons at all times.

Not to drive
fish.

SEC. 5. And be it enacted, That it shall not
be lawful for any person or persons to use any
pole, oar or other device of any kind or des-
cription, to drive or frighten fish in said waters
at any time by splashing, rowing or by any
other means whatsoever.

SEC. 6. And be it enacted, That upon the in-
formation of any citizen 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
said counties, the Justice of the Peace before
whom said complaint is made, shall docket a
case in the name of the State of Maryland,

Proceedings
before Justices.

against such person or persons so charged on
oath as offending, and issue a warrant to some
one of the Constables or the Sheriff of said
county, for the arrest of the party or parties
charged in said oath with such violation of this
act, to be brought before such Justice for trial,
and upon conviction shall be fined not less than
twenty nor more than one hundred dollars for
each and every offence, in the discretion of the
Justice of the Peace; one-half of which fine
shall be paid to the informer, and the other half
to the School fund of said county, and in default
of payment of such fine such person or person
so convicted shall be sent to the county jail
for not less than ten days nor more than thirty
days, in the discretion of said Justice of the
Peace; and the said boat or boats, together
with their oars, sails and other appliances,

Penalty.

shall be sold at public sale by the Constable
and the proceeds applied to said fine and the
costs of the prosecution, including the fees
and emoluments due the Sheriff for keeping
and maintaining said person or persons so con-
victed; provided, that any person so convicted