1852.

LAWS OF MARYLAND.

CHAP. 125.

CHAPTER 125.

Passed May
4, 1852.

A SUPPLEMENT to the Act entitled, an Act to
Preserve the Breed of Fish, and to regulate and
and protect Fishing on the Potomac River, and
its tributaries, during certain months, and concern-
ing Obstructions to Fishing on said River, passed
at December session, eighteen hundred and forty-
five.

Forfeiture.

SECTION 1 . Be it enacted by the General Assembly

of Mart/land, That from and after the passage of this
act, it shall not be lawful for any person or persons, wil-
fully and maliciously, to place any obstruction or hin-
drance, in the way of laying out or hauling in of any
nett or seines, in any lawful fisheries upon the Potomac
river or its tributaries, or in any other manner or way
prevent a bona fide owner of a shore, or his agent or ten-
ant, from using and fishing such shore, and each and
every person convicted of offending against the provi-
sions of this act, shall, for each offence, forfeit and pay
a sum not loss than fifty dollars, nor more than five
hundred dollars; one-half to go to the use of the State
and the other half to the informer, or to he imprisoned
in the county jail for a term not less than one month,
nor more than one year, in the discretion of the Circuit
count for the county.

Duty of ma-
gistrate.

SEC. 2. And be it enacted, That whenever any
person shall make affidavit that the provisions of this
act have been violated, it shall be the duty of the mag-
istrate, before whom such affidavit shall be made, to
issue his warrant, directed to any sheriff or constable,
or other person appointed by him on the occasion, for
the immediate apprehension of the person charged with
violating the precisions aforesaid, and for bringing him
before such magistrate, or any other magistrate of the
same county, also directing the officer serving the war-
rant, to take the boat or other fixtures unlawfully used,
and the justice, before whom such person shall be
brought, if he shall believe, from the evidence adduced
before him, that the act has been violated by such per-
son, shall commit him to the jail of the county, unless
he shall enter into a recognizance with a sufficient
security in a sum not exceeding one thousand dollars,
for his personal appearance at the next Circuit court
for the county, to answer any information, indictment
or presentment, which may be filed or made against
him, and upon such information, indictment or present-