226

LAWS OF MARYLAND.

against the person or persons so convicted, but on

payment by the said person or persons so convicted

of the fine imposed, and all costs and jail expenses,

if the person or persons so convicted be confined in

the county jail, the gun, net, fire-light or boat shall

be released; provided, that the fine, costs and jail

expenses be paid before the sale of the gun, net,

fire-light or boat, under the provisions of this act.

SEC. 8. And be it enacted, That it shall be the duty

Duty of Sheriff
or Constable

of the, sheriff, or any constable of Worcester county,

with or without warrant, to seize and take into cus-

tody, any gun, net, fire-light or boat, which has been

used by any person or persons in violating any of

the provisions of this act, and give information of

said seizure to some justice of the peace of Worces-

ter county ; and it shall be the duty of said justice of

the peace to docket a case in the name of the State,

against the said gun, net, fire-light or boat, and to
proceed without delay with the trial of the same, and
if there is sufficient proof that said gun, net, fire-

light or boat, has been used or employed in violating

any of the provisions of this act, the said justice of

the peace shall either render a judgment of con-

demnation against the said gun, net, fire-light or

boat, or fine the said gun, net, fire-light or boat not

less than ten dollars, one-half of said fine to be paid

to the informer: provided, that, if said gun, net,

fire-light or boat, shall have been sold to a bona fide

purchaser thereof since the same has been used in

violating any of the provisions of this act, the said

fun, net, fife-light or boat shall neither be con-

emned nor fined.

And it is further enacted, That the provisions

Not to apply

of this section shall not apply to any case where the

person or persons using the said gun, net, fire-light

or boat have been arrested.

Condemned

SEC. 9. And be it enacted, That all guns, nets, fire-

and sold

lights or boats, with the tackle and furniture on

board, condemned under the provisions of this act,

shall be sold by the sheriff, or some constable of

Worcester county, at public sale, after giving twenty

days notice of the time and place of such sale, by

advertisements, posted in at least two public places

in the vicinity of said sale, to the highest bidder for