1845.

LAWS OF MARYLAND

CHAP. 148

Passed Feb.
20, 1846.

CHAPTER 148.

An art to preserve the breed of Fish, and to regulate and
protect fishing on the Potomac river, and its tributaries,
during certain months, and concerning obstructions to
fishing on said river.

Preamble.

WHEREAS, it has been represented to this General
Assembly, that great injury and detriment is caused to
the fishing on the Potomac river and its tributaries, by
the extensive use of gill netting, preventing the passage
of fish up to the shoal waters to deposit their spawn, and
compelling them to deposite it where it will not live, thus
destroying the breed of fish, therefore,

Not lawful to
fish, &c.

SECTION 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 person or persons to fish in
the Potomac river or its tributaries, during the months of
March, April, May and June, with gill nets or seines of
any kind, oilier than such nets or seines as may be laid
out from and hauled to and landed upon the shores of the
said river and its tributaries; and every person offending

Conviction—
forfeit.

Proviso.

herein shall, upon conviction of such offender, forfeit and
pay a sum not less than fifty dollars, or more than five
hundred dollars; one moiety of which sum shall be for
the informer, and the other for the State; provided, that
nothing in this section shall be construed to prevent bona
fide citizens of the counties, bordering on the afforesaid,
waters, from fishing as they have hitherto been in the
habit of doing.

Obstruction or
hindrance.

SEC. 2. And be it enacted, That if any person or persons
shall during the months aforesaid, place any vessel, boat
or other obstruction or hindrance in the way of the laying
out or hauling of nets or seines used in any lawful fishery
on said river or its tributaries, or otherwise obstruct or
hinder such laying out or hauling, such person or persons
or their agents, failing or refusing forthwith to remove
such obstruction or hindrance, being required so to do by
the person or persons so obstructed or hindered, shall
forfeit and pay a sum of not less than twenty dollars,
nor more than one hundred dollars, one moiety to the in-
former and the other to the use of the State, for each
and every hour that such obstruction or hindrance may
continue, and shall moreover, be liable to the action of

Proviso.

the party grieved for damages; provided, that nothing in
this act contained, shall be construed as applying to
vessels or boats, their masters, owners, or crew, which