1841.

LAWS OF MARYLAND.

chap. 286

shall not be lawful for any person or persons, to place or
cause to be placed in the head waters of the Chesapeake
Bay or the Sasafras, Elk, Bohemia, North East or Susque-
hanna rivers, any stakes, piles or other pieces of timber, for
the purpose of attaching seines or nets thereto, with the

Proviso.

view of taking shad or fish of any description; provided
that nothing contained in this act shall be construed to apply
to any portion of the Chesapeake Bay below Pool's Island

Seines or
nets forbid

Sec. 2. And be it enacted, That it shall not be lawful
for any individual or set of individuals, to attach or cause to
be attached to any stake, piles or other pieces of timber
which shall now or may hereafter be in said waters, an]
seine or nets for the above mentioned purposes.

Subject to a
fine of two
hundred dol-
lars

Sec. 3. And be it enacted, That all persons violating eith-
er of the foregoing sections of this act, shall forfeit and pay
for each and every such offence, the sum of one hundred
dollars, to be recovered before any justice of the peace or
magistrates courts, as the case may be, for the State of Ma-
ryland as other small debts are, one half to the use of the
informer, the other half to the State, or in case of the per
son so offending failing to pay such fine or forfeiture, to be
confined in the county gaol for not more than twelve nor less
than six months.

Lawful to
seize any
seine or net

SEC. 4. And be it enacted, That it shall be lawful for any
person or persons to seize any seine or nets attached to such
stakes or piles or the boats and materials used therein, am
any justice of the peace of the State of Maryland is hereby
authorized upon proof exhibited before him of such seine,
boat or other article having been used in fishing, such stake,
nets, to condemn the same and after such condemnation, and
ten days public notice by advertisement in a newspaper in
the county or written advertisement, set. up at three of the
most public places in the neighborhood, such seine, boat or
other article so used and condemned, shall be sold to the
highest bidder and after deducting all costs and expenses
the nett proceeds of such sale shall be paid over to the per-
son or persons seizing the same, and any person or persons
resisting such seizure with violence or injury to the person
or persons attempting such seizure, shall be deemed guilty
of assault and battery, and may be proceeded against in the

Proviso.

usual forms of such proceedings; provided however, that noth-
ing contained in this act shall be so construed as to extend to
any gilling, seines or nets as are now usually anchored or
drifted in said waters.