LLOYD LOWNDES, ESQUIRE, GOVERNOR.

Scribed in section 94 of this article. And provided further,
that all persons using haul seines and similar contrivances,
except pound nets and stake nets, which are hereby prohibited,
shall pay the same license and be subject to the provisions of
all the sections under the sub-title " Chesapeake Bay," of this
article, except gill nets, which are exempted.

99. The sheriff, or any of the constables, of any of the coun"
ties of this State, where any violations of any of the sections

757

of the 39th Article of the Code of Public General Laws, titles
" Fish and Fisheries," sub-title " Chesapeake Bay," from sec-
tions 90 to 98, inclusive, shall come to his knowledge or upon
the warrant of some justice of the peace of any of the counties
of this State, it shall be the duty of the said constable to
apprehend the said person or persons charged in the violation
of either of the sections of 90 to 98, inclusive, of the said
article, and take the said person or persons to the nearest or
most accessible justice of the peace, to be dealt with according
to the provisions of sections 90 to 98, inclusive, of this article;
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 cf the counties of this State, under any of the provisions
of sections 90 to 98, inclusive, of this article, to hold and take
possession of said nets, boats or tackle thus forfeited as afore-
said, 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 neigh-
borhood of said sale, setting for th the time, place and terms
of said sale, and from the proceeds of which, shall apply in
the first place, from the proceeds of same, to the costs and
charges incident to judgment, costs and forfeitures, and costs
of seizure, sale and other costs incident to said sale, and the
balance to pay over to the clerk of the circuit court of the county
in which the sale is made, and by the said clerk to be paid
over to the Comptroller of the State, to the credit of the
oyster fund.

100. The provisions of sections 90 to 99, inclusive, of article

Sheriff and
constables
to make
arrests.

39 of the Code of Public General Laws, title "Fish and Fish-
eries," sub-title " Chesapeake Bay," 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.

Not to apply
to hook and
line.