« ForrigeFortsett »
Id. s. 5.
pay said fine imposed, and the cost thereon, such person or persons shall be imprisoned in the county jail where the act shall be committed, for not less than ten, nor more than twenty days.
58. Any person or persons who may feel himself or themselves aggrieved by any judgment, rendered by a justice of the peace, under the provisions of this act, shall have the right to appeal to the Circuit Court of the county, where the act was committed, upon the conditions and subject to the regulations, now provided by the general law regulating appeals from justices of the peace, but execution of the judgment of the justice of the peace shall not be stayed, unless the party appealing, shall give bond to the State for double the amount of fine imposed, with security approved by the justice rendering the judgment, with condition to prosecute his appeal with effect, or to pay the fine imposed with all costs.
1874, c. 253, s. 1. Penalty for taking brook
trout out of season.
PRESERVATION OF FISH.
59. It shall not be lawful for any person to take, catch, or kill any speckled brook trout, or any speckled river trout, save only with a hook and line, or to have any such trout in his or her possession, except during the months of April, May, June, July, and the first fifteen days in the month of August, under a penalty of five dollars for each trout so caught or had in his or her possession; but this To whom not to section shall not prevent any person or corporation from catching apply.
Id. s. 2. Penalty for taking brook trout with
Id. s. 3. Penalty for placing lime, etc., in waters.
Id. s. 4.
Penalty for fish
ing in private
ponds prepared for cultivating fish.
trout in any manner or at any time, in waters owned by them, or upon their premises to stock other waters.
60. It shall not be lawful for any person within the State of Maryland to take or catch any brook trout at any time, in any of the waters of the State, by means of any fish-basket, seine or seines, net or nets, trap or traps, under a penalty of five dollars for each and every fish so taken.
61. No person shall place in any fresh-water stream, lake or pond, without the consent of the owner, or in the waters and estuaries with the rivers debouching into them, any lime or other deleterious substance, with the intent thereby to poison or catch fish, under a penalty of one hundred dollars.
62. Whenever any person who owns, controls, or erects an artificial pond upon his own land, or land of which he is in legal possession, and shall put therein any fish or the eggs or spawn of fish, for the purpose of breeding and cultivating fish, and shall give notice. thereof, either in one or more newspapers of the county, or by written or printed handbills put up in public places near said pond, any person who shall thereafter enter upon such premises for the purpose of fishing, or shall catch in said pond or ponds and take therefrom any fish, shall be guilty of a trespass, and, in addition thereto, shall be liable to a penalty of five dollars for the first fish, ten dollars for the second, and twenty dollars for the third and each subsequent offence; provided, that this act shall not prevent the
owner of such pond or ponds, or any one by his authority, from catching or taking fish therefrom.
culture may sell
63. Any person or company engaged in the increase of brook Id. s. 5. trout by artificial process (known as fish culture) may take from his engaged in fish or their pond or ponds in any way, and cause to be transported, and transport and may sell any brook trout and the spawn of brook trout at any time, and common carriers may transport them, and dealers may sell them on condition that the packages thereof so transported, are accompanied by a certificate from a justice of the peace, certifying that such trout are sent by the owner or owners, or agents of parties so engaged in fish culture; and such person or company may take, in any way and at any time, upon the premises of any person, under permission of the owners thereof, brook trout to be kept and used for artificial propagation only, and for no other purpose.
by citizen of county.
64. Violation of any of the provisions of this act contained, Id. s. 6. may be prosecuted by any citizen of the county in which said viola- be prosecuted tion shall take place, before any justice of the peace, or Circuit Court for said county, the informer to be a competent witness; funds paid as penalties shall be equally divided between the informer and the public school commissioners of the county, for the benefit of the public schools in the district where the offence is committed.
COMMISSIONERS OF FISHERIES.
65. The governor, by and with the advice and consent of the 1874, c. 150, s. I. Senate, is hereby authorized to appoint two competent persons, who commissioners. shall continue in office for two years from the time of their appointment, and until their successors are appointed, who shall be known as Commissioners of Fisheries of Maryland, and one of the commissioners shall come from the Eastern and one from the Western Shore of the State.
66. It shall be the duty of said commissioners to immediately ra. s. 2. proceed to inspect all the waters of this State, with a view of stocking the same with such food fishes as in their judgment shall be most advantageous, and with such object shall communicate with the Commissioner General of Fisheries of the United States, and with the commissioners of fisheries appointed by the different States, and report the result of their inspection to the governor of this State as soon as practicable, and that they examine into the feasibility of cutting a channel around the Great Falls of the Potomac to admit the passage of fish from tide-water into the Upper Potomac, and that they also inquire into the expediency of constructing fish-ways or fish-ladders to admit the passage of fish over dams or other obstructions in the Upper Potomac, or elsewhere in the State, and that. an estimate of cost be made, and a report thereof be made to the next General Assembly of Maryland.
67. It shall be the duty of the said commissioners of fisheries, Id. s. 3. after making the inspection and obtaining the information required
1876, c. 47.
To make annual report to
1874, c. 150. Salaries.
1876, c. 47. Appropriation.
in the preceding section, to proceed to the selection of proper locations for the propagation and culture of such food fishes as it shall be deemed desirable to introduce into the waters of this State, and obtain the necessary ova, and construct and erect suitable houses and devices for hatching the same, and protecting the small fish, until fit to be distributed, and then to distribute the same among such waters of this State as shall be deemed proper.
68. It shall be the duty of said commissioners to make an annual report to the governor of the work accomplished by the commission, and also embracing such suggestions for the protection and propagation of food fishes in the waters of this State, as may be the result of their observation and experience, which report the governor shall cause to be printed, and transmit the same to the General Assembly of the State.
69. The salaries of said commissioners shall be fifteen hundred dollars per annum each, and the sum of three thousand dollars per annum, is hereby appropriated to pay the said salaries.
70. The sum of ten thousand dollars per annum, or so much thereof as may in the opinion of the governor be necessary, is hereby appropriated for the purpose of carrying out the provisions of this act, and the comptroller shall issue his warrant on the treasurer for the payment of the said sum on requisitions of the said commissioners in such amounts as they may require, approved by the governor, out of any moneys in the treasury not otherwise appropriated.
PORTION OF THE WATERS OF THE CHESAPEAKE BAY NORTH OF A CERTAIN
16. Exempted from the operation of ss. 1 and 3
17. Season of shooting north of said line; pen-
18. Unlawful to shoot north of said line in night-time; penalty.
19. Unlawful to shoot north of said line, within half a mile of shore, in Harford or Cecil county; penalty.
20. Unlawful to shoot on waters of Chesapeake bay with swivel-gun, etc.; penalty.
21. Time limited for gunning north of said line; penalty.
22. License for owner, etc., of sink-box or sneak-boat.
23. Application for and grant of license; proviso.
24. Cost of license; to.exhibit license.
25. What license to contain.
26. Cath; number of license to be painted on sink-box, etc.
27. Clerk's fee for issuing license; register of persons to whom license granted.
28. Arrest; penalty.
29. Justice in Harford or Cecil to issue warrants; penalty for resisting officer.
30. Boats, etc., seized and condemned to be
31. Board of special police; power to appoint
32. Appeal from judgment of justice.
34. For what time proportionate sum may be
35. What justices and courts to have concur-
36. Time when person licensed not to anchor
1. No person shall, at any time, in, on, or over the waters of the State of Maryland, shoot at or shoot any water-fowl bedded in flocks, either upon the feeding or roosting grounds of said water-fowl or elsewhere, from any vessel, boat, float, canoe, or any craft of any kind whatever.
Id. s. 2.
1860, e. 109, s. 2.
2. No person shall, at any time, in, on, or over the waters of the State of Maryland, shoot at or shoot any water-fowl, from any boobyblind, or artificial point erected at a greater distance than one hun- prohibited. dred yards from the natural shore from which the same may be ex
1860, c. 109, s. 12.
3. No person shall at any time shoot at or shoot any water-fowl Id. s. 3. flying about their feeding grounds, or elsewhere over the waters What persons aforesaid, from vessel, boat, float, canoe, or craft of any kind contrary to the provisions of this article; reserving nevertheless to any citizens of any counties bordering on the waters aforesaid, and to whomsoever they may extend the privilege, the right to shoot from boats other than sink-boats or sneak-boats.
4. If any person shall violate any of the provisions of the preceding three sections, he shall be deemed guilty of a misdemeanor and shall pay a fine of not less than ten nor more than one hundred dollars, to be recovered by action of debt in the name of the State before a justice of the peace of the county where the offence is committed, or by indictment in the Circuit Court of said county.
5. Any person aiding or abetting another by furnishing a boat or float of any description, or gun or ammunition to be used in violation of the first or second section of this article, shall be deemed guilty of a misdemeanor, and shall be dealt with and fined as if he had violated them himself.
6. Any sheriff, constable or commissioned militia officer of the county wherein the provisions of this article relating to water-fowl may be violated, who shall be satisfied, either upon his own view, or information received of any other person, whether on oath or not, that any one has violated the said provisions, such officer shall be and he is hereby authorized and empowered to arrest and take into
Art. 98, s. 4.
1860, c. 109, s. 3.
Id. s. 5.
1860, c. 109, s. 4.
Id. s. 6.
1860, c. 109, s. 5.
Officer to arrest
To seize boat, etc.
Id. s. 7.
custody such person so offending and the boatmen or other persons found on board the vessel, boat, float, canoe or craft employed to convey such offender for the purpose of shooting at or killing wild ducks or wild fowl of any description contrary to the provisions of this article; and he shall seize and take into his possession the said vessel, boat, float, canoe, or craft, and the gun or guns, ammunition and decoy ducks in the same, or in the use or possession of the offender or offenders.
7. The said officers shall carry the person or persons so arrested 1860, c. 109, s. 6. before a justice of the peace of the county wherein the offence may
To take offend
What prima facie evidence of guilt.
Id. s. 8.
County to pay
be committed, representing to the justice the breach of the law committed, and the said justice shall inquire fully into the alleged of fence, of which, finding vessels, boats, floats, canoes, or crafts employed as aforesaid or in the possession or use of the persons charged, shall be considered as prima facie evidence of guilt.
8. If after a full investigation the said justice shall think the 10, 109, 8, 7 charge groundless, he shall dismiss the same at the cost of the county, but if he shall be of the opinion that any wild ducks or other water-fowl have been shot at or killed contrary to section first or second of this article, he shall render a judgment of not less than ten nor more than one hundred dollars against each person engaged Fine on convic- directly or indirectly therein for each offence, and he may commit him or them to the county jail, in the event of their not paying the fine thus imposed, if the officer making the arrest and seizure desire it, and if committed, the officer who desired the commitment shall pay the jail fees at the rate of twenty-five cents per day, and in case of a failure to pay the said fees, for the space of three consecutive days, the party whose jail fees shall thus remain unpaid shall be discharged from confinement.
Id. s. 9.
1860, c. 109, s. 8. Justice to condemn boat.
Id. s. 10.
1860, c. 109, s. 9. Appeal.
9. The justice shall also adjudge and condemn as forfeited to said officer, and to the person or persons who may have aided him in making the arrest and seizure, the vessel, boat, float, canoe or craft, together with the tackle, furniture and apparel on board of the same at the time of the seizure, and all or any other property in the possession of the said officer, found, seized and taken as aforesaid; and the said officer, with the person or persons who aided him in making the arrest and seizure, shall sell the same to the highest bidder for cash after ten days' notice.
10. If any person so convicted shall think himself aggrieved by such conviction, he shall be at liberty to appeal from the judgment of the justice of the peace, within ten days from the rendition thereof, to the Circuit Court for the county wherein the offence is alleged to have been committed; Provided, he give bond to the State with two suflicient securities to be approved by the said justice, in a penal sum of double the amount in value of the boat or craft and property so seized and the fines imposed, to be estimated by the said justice, conditioned to prosecute his appeal to the Circuit Court; and it shall be the duty of the justice taking the appeal