208 ARTICLE 39.
in possession in violation of any of the provisions of this Article, to be dis-
posed of at the discretion of the Conservation Commissioner to the best
interests of the State and all boats, seines, nets or other fishing outfit used
or set for the purpose of using to violate this Article shall be seized and
dealt with as hereinafter provided.
1929, ch. 471, sec. 5.
5. Arrest Upon Information. Upon information given upon oath or
affirmation to any justice of the peace of the violation of any section of
this Article, he shall issue his warrant for the arrest of the offender and the
seizure of the seines, nets, boats or other fishing outfit, to be directed to any
officer of the Conservation Department, including Deputy Game Wardens,
or to the Sheriff or any Constable of the county or other officer authorized
to make arrests. It shall be the duty of any officer authorized to make
arrests, upon receipt of said warrant, to arrest any person violating any of
said sections, seize any such seines, nets, boat or other fishing outfit found
being used in such violation and bring such offender before the justice of
the peace most accessible or convenient, qualified to try same, to be dealt
with according to law.
1929, ch. 471, sec. 6.
6. Warrant for Unknown Offender. If the name of the offender be
unknown, he may be arrested on a warrant describing him as the person
committing the offense, without stating his name in the warrant.
1929, ch. 471, sec. 7.
7. Procedure Upon Seizure. If upon a hearing in any case of arrest
and seizure, the justice of the peace is satisfied that the owner or person
having charge of the property so seized is guilty of violating any of the
provisions of this Article, which imposes the forfeiture of such property for
such violations, then said justice shall adjudge same to be condemned and
sold by the Sheriff as provided for in Section 8. In case the owner is not
known, said justice may proceed ex parte to hear and determine any ques-
tion of forfeiture. In any case in which an appeal is taken, provided for
in Section 11, the property shall be released upon the filing of the bond as
provided for in Section 11, and upon final determination of the case shall
be released or condemned, depending upon whether the party is acquitted
or found guilty.
1929, ch. 471, sec. 8.
8. Condemnation and Sale. All property condemned under Section 7
of this Article shall be sold to the highest bidder for cash, after being
advertised once a week for three successive weeks in one of the daily papers
of Baltimore City in case the condemnation is in said City, or in one
of the weekly newspapers of the county where the sale is to be held,
describing the property to be sold and the time and place of sale.
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