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by any agent appointed for that purpose, subject to the ratification of the commissioners or mayor.

1888, art 37. sec. 22. 1860, art. 39, sec. 22. 1833, ch. 151. 1836, ch. 109.

22. All bonds taken under the provisions of this article shall be delivered to the clerk of the circuit court for the county in which they shall be given, or the clerk of the superior court of Baltimore city, if given in said city, to be by him recorded.

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1888, art. 38, sec. 1. 1860, art. 40, sec. 1. 1777, ch. 6. 1880, ch. 211.

1. When any fine or penalty is imposed by any act of assembly of this State or by any ordinance of any incorporated city or town in this State enacted in pursuance of sufficient authority, for the doing of any act forbidden to be done by such act of assembly or ordinance, or for omitting to do any act required to be done by such act of assembly or ordinance, the doing of such act or the omission to do such act shall be deemed to be a criminal offense; such offense in the city of Baltimore shall be prosecuted by the arrest of the offender for such offense and by holding him to appear in or committing him for trial in the criminal court of Baltimore, which said court shall have jurisdiction in the said cases and shall proceed to try or dispose of the same in the same manner as other criminal cases may be tried or proceeded with or disposed of, or such offense may be prosecuted by indictment in such court; such offenses in any county of this State shall be prosecuted by the arrest of the offender for such offense and by holding him to bail to appear in or committing him for trial in the circuit court for the county in which such offense was committed, or by indictment in the circuit court for such county for such offense. If any person shall be adjudged guilty of

any such offense by any court having jurisdiction in the premises, he shall be sentenced to the fine or penalty prescribed by such act of assembly or ordinance and to the costs of his prosecution; and in default of payment thereof he shall be committed to jail until thence discharged by due course of law. Any indictment for the violation of any ordinance of any incorporated city or town of this State may conclude "against the form of the ordinance in such case made and provided and against the peace, government and dignity of the State."

Day v. State, 7 Gill, 322. Rawlings v. State, 1 Md. 127. State v. Mace, 5 Md. 337. Broadbent v. State, 7 Md. 429. Md. 297.

Ibid. 2 Md. 201. State v. Mott, 61

1888, art. 37, sec. 2. 1860, art. 40, sec. 3. 1777, ch. 6. 1842, ch. 22. 2. All fines, penalties and forfeitures, when recovered, shall be paid to the county or city where the same may be imposed. unless directed to be paid otherwise by the law imposing them, but if there be an informer he shall have half unless otherwise provided. This section not to apply to fines or forfeitures for offenses at common law.

Ibid. sec. 3. 1874, ch. 59. 1898, ch. 87.

3. Any person who shall or may hereafter be committed to jail on any charge, including contempt of court, by the judgment of any court of justice or by any justice of the peace of this State for non-payment of any fine and costs not exceeding the sum of fifty dollars, who shall have remained in custody as aforesaid for the space of thirty days, or any person who shall or may hereafter be committed to jail aforesaid for nonpayment of any fine and costs above fifty and not exceeding one hundred and fifty dollars who shall have remained in custody aforesaid for the space of sixty days, or any person who shall or may hereafter be committed to jail aforesaid for the nonpayment of any fine and costs above one hundred and fifty and not exceeding five hundred dollars who shall have remained in custody aforesaid for the space of ninety days, or any person who shall or may hereafter be committed to jail aforesaid for the non-payment of any fine and costs above five hundred dollars who shall have remained in custody aforesaid for the space of six months shall be discharged from further imprisonment on account of said fine and costs.

1898, ch. 407. 1900, ch. 23, sec. 4. 1904, chs. 178, 541.

4. One-half the fines imposed and recognizances forfeited to the circuit court for the several counties of the State shall

1136 FINES AND FORFEITURES-FISH AND FISHERIES. [ARTS. 38 & 39

be paid to the clerks of the respective courts to be expended under the direction of the judge or judges of said courts for the augmentation of the libraries of said courts. This section not to apply to Montgomery, Queen Anne's, Caroline, Cecil, Anne Arundel, Talbot and Worcester counties and Baltimore city.

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35. Penalty for violations of sections 29-34.

Potomac.

36. Beginning and end of shad and herring season.

37. Penalty.

38. Hauling seine within regularly hauled fishing landing, or op

59. Taking of sand from shore below Fort Washington to be larceny; penalty.

Rivers in Talbot, Dorchester and
Caroline Counties.

60. Who may fish in.
61. Penalty.

posite shore of owner; penalty. Wye River and Rivers in Queen

39. Arrest of offenders; forfeiture of boats and seines.

40. Time regulated for catching bass and other fish.

41. Penalty for violating these provisions.

42. Where this law may not apply; when to become effective.

43. When unlawful to catch black bass and other fish.

44. Penalty for violation of this law.
45. Where this law is not to apply.
46. Obstruction in the way of haul-

ing seine from March to June,
and failure to remove same;
penalty.

47. Wilful obstruction; penalty.
48. Vessels may anchor opposite
owner's shore, how.

49. License for shad and herring
fishing; by whom obtainable.

50. License, how obtainable. 51. Contents of license.

52. Fishing without license; pen

alty.

53. Number of license to be painted

on boat,

54. Warrant for arrest of offenders; seizure of boats and seines. 55. Sale by sheriff of condemned vessels.

56. License money and fines to be paid into treasury to credit of oyster fund.

57. Fishing from arks or lighters prohibited; penalty.

58. Compact with Virginia.

Anne's and Kent Counties.

62. Hauling seine without permission of owner of shore; penalty.

Fines, Penalties and Forfeitures. 63. How recovered.

64. Unknown offender; how to be
described in warrant.

65. Forfeitures, how to be enforced.
66. Condemnation by justice.
67. How unknown owner may be
described.

68. Proceeds of sales, how to be
divided.

69. Fines, how to be distributed. 70. Jurisdiction when offense committed in river dividing two counties; when on Chesapeake bay.

71. Committal of person where fine exceeds $100.

Trout and Other Fish.

72. Season for trout fishing; penalty.

73. Trout not to be caught in traps.
fish-baskets or seines; pen-
alty.

74. Poisoning fish; penalty.
75. Artificial ponds, fishing in; pen-
alty.

76. Trout fish culture; sale and
transportation of trout per-
mitted.

77. Violations of sections 72-76, how

prosecuted.

78. Catching black bass, etc., at other than designated times; penalty.

79. Catching certain fish less than

designated size; penalty.

80. Obstructing fish streams; penalty.

81. Failure to keep fish ladders in repair; penalty.

82. Throwing explosive substances in fish waters; penalty.

83. Emptying net or seine upon beach; penalty.

84. Jurisdiction of justices of the

peace under sections 78-85; throwing slab of timber in fish waters; penalty.

85. Possession or sale of fish to be

evidence; proviso.

86. To what counties provisions of sections 78-85 not applicable.

Exploding Dynamite to to Catch Fish.

87. Unlawful to use explosives to catch fish in Chesapeake bay. 88. Penalty.

89. Disposition of fines collected.

Commissioners of Fisheries.

90. Two to be appointed biennially

by governor,

91. To inspect waters of State; report to governor.

92. Further duties of.

93. To use all means to destroy

eels; one-fourth of appropriation to be spent in Wicomico county.

94. To maintain eel pots.

95. Account to be kept of eels destroyed.

96. To sell all eels caught; proceeds, how to be applied.

97. Removal of commissioners for refusal to carry out sections 93-97.

98. To make annual report to gov ernor of their work.

99. Annual salary of. 100. Annual appropriation for carrying out the provisions of sections 91, 92 and 98. Commissioners to make annual reports.

Chesapeake Bay.

101. License required for catching fish in Chesapeake bay below Pool's Island.

102. Cost of license. Clerk's fee for collecting license. License to be credited to the "oyster fund."

103. Oath of applicant for license. 104. Comptroller to have blank

licenses printed.

105. Limits of setting fyke nets and other like contrivances. 106. Penalties for violating sections 101 to 109.

107. State fishery force to see that the provisions of sections 101 to 110 are carried out. 108. Application of fines. 109. Where pound nets and stake nets shall be prohibited; penalties.

110. Sheriff and constables to make

arrests.

111. Sections 101 to 110 not to apply to "hook and line." 112. Limits defining head waters of Chesapeake bay.

Head of the Bay.

1888, art. 39, sec. 1. 1860, art. 41, sec. 1. 1842, ch. 67.

1. No person except resident citizens of this State shall fix, set or stake out any sort of gill nets, either stationary or float

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