676                              Laws of Maryland                      [Ch. 181

The authorities of this State shall have the right to examine into
the right of any person taking fish, oysters or crabs in the Potomac
River, or having same in his possession; and any person taking fish,
oysters or crabs in the Potomac River or having same in his posses-
sion shall exhibit his authority for so doing whenever required by
the police or other legal authority of this State. The legal authorities
of this State shall have the right to arrest any such offender, and, if
necessary in order to arrest, shall pursue such offender beyond the
boundary line of this State upon navigable waters, and arrest such
offender whenever found upon such waters.

§ 311. Failure of officer to enforce.

If any oyster inspector or other officer empowered with the duties
of enforcing the provisions of §§ 306, 307 and 309-311, knowingly
fail to report violations of the same or to perform any of the duties
herein required of him, he shall, for every such offense, be
liable to a fine of one hundred dollars[, to be]. The fine imposed under
this section shall be collected pursuant to the provisions of Article
26, § 155; however, if the fine is imposed by the circuit court of any
county or the Criminal Court of Baltimore, as the case may be,
the fine when collected shall be applied to the Oyster Fund of this
State.

§ 312. Sunken anchored gill nets prohibited.

The use of any sunken anchored gill net is absolutely prohibited in
the waters of the Potomac River at all times, and the use of all gill
nets known as floating or drift nets and all stake gill nets is pro-
hibited at all times of the year except during the shad and herring
season and in Charles and St. Mary's counties, Maryland, except in
October and November. Any person, firm or corporation violating the
provisions of this section shall on conviction thereof before any [jus-
tice of the peace of any county of this State] court, most accessi-
ble, forfeit said net or nets, or device, together with all boats, vessels
and tackle used in the violation of this section and be fined a sum of
not less than three hundred dollars and not more than one thousand
dollars, or to be subject to both fine and forfeiture, in the discretion of
the [justice of the peace trying the same] court.

§ 313. Purse or buck nets prohibited.

The use of any purse or buck net or any similar destructive de-
vice is absolutely prohibited in the waters of Potomac River at all
times. Any person, firm or corporation violating the provisions of this
section shall on conviction thereof before any [justice of the peace
of any county of this State] court, most accessible, forfeit said net
or nets, or device, together with all boats, vessels and tackle used in
the violation of this section and be fined a sum of not less than
three hundred dollars and not more than one thousand dollars,
or to be subject to both fine and forfeiture, in the discretion of the
[justice of the peace trying the case] court.

§ 318. Penalty.

Any person convicted before any [justice of the peace of this
State] court for violation of any of the provisions of this subhead-
ing shall be deemed guilty of a misdemeanor, and shall be fined