1440 ARTICLE 39.
other fishing outfit in cases where forfeiture of the same is provided, and
found being used in violating any of said provisions, and to bring such
offender before a justice of the peace most accessible or convenient, to be
dealt with as herein provided.
An. Code, sec. 55. 1904, sec. 55. 1888, sec. 56. 1870, ch. 205, sub-sec. 7.
56. All vessels or other property condemned under the provisions of
any of the six preceding sections shall be sold by the sheriff or other officer
making the seizure, on ten days' notice; and the proceeds of sale, after
deducting the expenses thereof, shall be paid over to the clerk of the circuit
court for the county, to be disposed of as herein provided.
Cf. art. 72, sec. 31...
An. Code, sec. 56. 1904, sec. 56. 1888, sec. 57. 1870, ch. 205, sub-sec. 8.
57. All money arising from the sale of licenses or from fines, penalties
and forfeitures imposed under any of said sections shall be paid by the
comptroller into the treasury and placed to the credit of the oyster fund,
and the State's portion of such fines and forfeitures shall be paid by the
sheriff or other officer collecting the same to the clerk of the circuit court
for the county where the same may accrue, and such clerk shall account for
the same to the comptroller of the treasury in his annual return; and the
commanding officer of the state oyster police force is hereby charged with
the enforcement of the provisions of said sections.
As to the oyster fund, see art. 72, sec. 33.
An. Code, sec. 57. 1904, sec. 57. 1888, sec. 58. 1870, ch. 205, sub-sec. 9.
58. It shall be unlawful hereafter for any person to fish in the Potomac
river from what are known as arks or lighters, or from any kind of vessel
or float, by whatever name called, in or upon which persons may live or
may exclusively occupy, but all such fishing shall be with and from regular
seine or gilling-boats. Any violation of this section shall subject the of-
fender, upon conviction thereof, to a fine of not less than twenty nor more
than one hundred dollars for the first offense, and for any second or sub-
sequent offense to such fine, and also, in the discretion of the justice of the
peace, or of the court before whom the offender may be convicted, to for-
feiture of such ark, lighter, vessel or float, and fishing outfit used in such
violation thereof.
An. Code, sec. 58. 1904, sec. 58. 1888, sec. 59. 1870, ch. 205, sub-sec. 10.
59. In case the State of Virginia shall adopt a law similar in its pro-
visions to the nine preceding sections, citizens of either State, when arrested
for the violation thereof by the police force, or other officer of either State,
shall be delivered up for trial to the police force, or other officer of the State
of which the offender is a citizen, unless arrested for hindrance or disturb-
ance of the fisheries on the shores of the other State, in violation of any of
the said provisions; in which case he shall be tried in such other State;
and in all questions of citizenship the burden of proof shall be on the
offender.
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