The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1914-05-22

Article 80 of the Annotated Code OF
Public G eneral Laws of Maryland, title
''Fish and Fisheries, subtitle "Patux
ent," as enacted by Chapter 692 of
the Acts of 1910, and also to repeal
and re-enact with amendments Sec
tions 81, 80. 90 and 81 of said Article
as enacted by Chapter 332 of the Acts
of 1888, and also to repeal and re-en
act with amendments Section 35 OF
said Article as enacted by Chapter
1913 of the Acts of 1908, and re-enact
with amendments by Chapter 20S
of the Acts of 1919, and to add new
Section to said Article 80, subtitle
Chesapeake Bay" said new Section
to be known as Section lab and to
Immediately follow Section ia in
saia Article.
SECTION l. Be it enacted by the
General Assembly of Maryland, That
Sections 90 and 80 of Article 80 of the
Laws of Maryland, title "Fish and
Fisheries" subtitle "Patuxent," as
enacted by Chapter 692 of the Acts of
1910, sections 81, 80, 33 and "a of said
Article as enacted by Chapter 332 of
the Acts of 1883, and Section 35 of said
Article as enacted by Chapter 1913 or
the Acts of 1908, and Chapter 209 of
the Acts of 1910, be and the same are
hereby repealed and re-enacted with
amendments SO as to read as follows;
and be it further enacted by the said
General Assembly that new Section
be added TO SAID Article SO, subtitle
"Chesapeake Bay" said new Section to
be known as Section lab and to i'm
mediately follow Section ia in said
Article and to read as folsws:
1t shall not be lawful for any person,
persons, corporation or corporations to
set, place, Construct or use any pound
net, fyke net, trap net, snnken net or
staked net of any kind, or any device
of any kind or description now known
or hereafter to be invented for trapping
or catching fish in any part of the Pat
uxent River from Queen Anne Bridge
on said River down said river to
straight line drawn across the mouth
of said river from Drum Point Light
House in Calvert County to Hog Point
in st. Mary's County nearer than 500
yards in every direction from any other
net or device above mentionei or of
the total length of any net or DEVICE
above mentioned of more than 175 yards
ia length, including the leaders or he'd
ges or wings thereof, below straight
line from Truman's Point Wharf across
said river to point on the shore direct
]y opposite said wharf, or of total
length of more than fifty yards in said
river above said straigh J line from Tru-
mans Point Wharf or at a greater dis
lance across the waters above mention
ed rom low water m lrk on either side,
and be it further provided that when
ever the word net or the word device
Is mentioned in this Section it shall be
held to include the le4dlr or Leaders,
or hedge or hedges, or wing or wings
of said net or device; provided, howev
er, that this Section shall not apply IT,
catching fish with hook and line. Il ,aJ-
Ing gill nets, purse nets or seInes.
1t shall be unlawful to use or haul any
seine or gill net or purse net in any
part of said river with smaller mesh
than that prescribed in Section % of
this Article, or at any other time than
that prescribed by said Section % or
IN any creek or tributary of said river
less than two hundred feet wide at its
mouth.
1t shall not be lawful for any person
to catch or take FISH IN the PatuXent
River or any of its tributaries with
purse seines, except for food purposes.
Any person wishing to catch or take
fish in the Patuxent River with purse
seines for food purposes shall make
application to a Justice of the Peace in
the County in which he resides for
permit and shall make oath before said
Justice of the Peace that he is resid
ent of said County and does not intend
to catch fish for the purpose of manu-
featuring into fertilizer or to put upon
the land in a raw state, and all person
or persons making false oath shall be
deemed guilty of perjury and subject
to the penalty provided in case of pur-
jury.
Upon information given upon oath
or affirmation to any Justice of the
Peace in and for the County where the
ofense is committed for violation of
any of the provisions of the four pre-
ceding Sections, the Justice of the
Peace shall issue his warrant for the
arrest of the person or persons so vio-
lating the law, and shall order the seiz-
ure of all boats, nets, seines or tackle
used in such violation, aud after pre-
liminary hearing, if he shall deem the
offense sufficiently proven he shall
hold the offender or offenders to bail
for his appearance before the Grand
Jury of the County at its next ensuing
term, and upon Indictment and convic-
ton the offender shall be sentenced to
the House of Correction for a term not
less than three months nor more than
one year, or be fined in the discretion
of the Court not less than $50, nor
mere than 500, and the boats, seiues,
nets and other tackle shall b, forfeited
or shall be released upon payment of
not less than fifty dollars nor more than
two hundred dollars and costs and ex-
fnr paah and u,nlrtinn of
the Sections of this Article enacted by
this Act, and the money arising from
said fines and forfeitures shall be paid
one-half to the informer and one
half to the proper County authorities
wherein the case is tried to be divided
equally among the schools and roads in
said County.
And upon any conviction the sale of
any net or nets, device or devices for
feited property hereinbefore mentioned
shall be made by the Sheriff of the
County where the offense is committed
after at least ten days notice by hand
bills and the said Sheriff shall be allow
ed the same fees as are allowed in case
of sales of personal property, under
execution in the County where the
offense is committed.
1t shall be the duty of the Command
er of the State Fishery Force Of the
State of Maryland to command the De-
putes under his charge to see that the
provisions of Sections %, 80, 81 and 80
of this Article are not violated, and to
arrest all persons violating any of the
provisions of said Section and to take
the offender or offenders to the nearest
or most accessible Justice of the Peace
of the County in which the otfense is
committed for preliminary hearing
and upon being held said offender or
offenders shall in default of bail be
held for the action of the next Grand
Jury of the County where the otfense
is committed, and shall also seize said
net or nets or device or devices, boat
or boats and tackle, if any, and deliver
same to said Justice of the Peace, and
the deputy OIL deputies making the ar
rest shall upon conviction Of the person
or persons so arrested be entitled to
the informers fee provided for in Sec
tion 30 Of this Act.
SEC 114-R II shall not he laWfuI