1837.

LAWS OF MARYLAND.

CHAP. 291.

CHAPTER 291.

Passed Mar. 28,
1838.

An act for the preservation of Fish and Wild Fowl in
the Patuxent and Wicomico Rivers, and their tribu-
taries.

Erection of gill
nets prohibit-
ed.

SEC. 1. Be it enacted by the General Assembly of
Maryland, That from and after the passage of this act
it shall not be lawful for any persons or person, except
the citizens residing in the counties bordering on said
rivers, and their tributaries, or who may be permitted
to do so, by persons owning or occupying lands on said
rivers, or their tributaries, hereafter to erect or cause
to be erected or fixed, in any of the water courses with-
in this State, which are connected with the Patuxent
or Wicomico rivers, or in either of said rivers, any
gill net, sein or other obstructions, and every person
so offending, and being thereof convicted before a jus-
tire of the peace or magistrates' court of any county
adjoining the water course in which the offence has

Penalty $20.

been committed, shall forthwith pay the sum of twenty
dollars, and he shall moreover be deemed guilty of a
nuisance, and the justice of the peace or magistrates*

On failing to
pay.

court shall cause the obstruction to be abated; and in
case the offender shall fail to pay the fine aforesaid, he
shall be committed by said justice of the peace or ma-
gistrates' court to the public jail of the county, there
to remain for thirty days, unless the said fine of twen-
ty dollars be sooner discharged.

Shooting at
wild fowl at
night prohibit-
ed.

SEC. 2. And be it enacted, That no person shall here-
after, in any of the waters of the Patuxent or Wicomi-
co rivers, or any of their tributary streams, shoot at
wild fowl during the night time with a gun of any de-
scription, unless it be from the land, or a blind fixed

Or with large
gun.

on some bar in said waters; nor shall any person at
any time, cither in the day or in the night, shoot any
description of gun from skiffs or other boats, or from
floats, which may not be conveniently discharged from
the shoulder, at arms length, without a rest; and any
person convicted of a violation of this act before any
justice of the peace or magistrates' court of any county
adjoining the waters or water courses in which the of-
fence may be committed, shall forthwith surrender his