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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5046   View pdf image (33K)
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5046 ARTICLE 23.

possession, together with the tackle and apparel, and all things on board
at the time of the offense; and shall stand committed to jail until such
fine shall be fully paid and satisfied.

P. L. L., 1888, Art. 23, sec. 81. 1886, ch. 78.

159. On information under oath of any violation of the provisions of
either of said sections, to any justice of the peace of Wicomico county,
he shall forthwith issue his warrant to the sheriff, or any constable, or
military officer, or any commander or deputy commander of the State
fishery force of this State, requiring either of them to whom it may be
directed, to summon the posse comitatus, if necessary, and proceed forth-
with to arrest the party alleged to' have been engaged in such violation, and
to seize and take possession of any canoe, boat or vessel, together with all
their tackle and apparel and all things on board of the same, belonging
to said party, or in his possession at the time of the offense, and used by
him in such violation.

P. L. L., 1888, Art. 23, sec. 82. 1886, ch. 78.

160. The sheriff, constable, military officer, commander or deputy com-
manders of the State fishery force of this State who shall make the arrest,
shall forthwith bring the offender before some justice of the peace for
Wicomico county for a hearing, and the said justice of the peace shall
either give the case an immediate hearing, or, at the instance of the party
charged with such violation, shall appoint some early day within the next
five days thereafter, to hear the case—the party charged with the viola-
tion giving such good and sufficient bail as said justice shall require for
his attendance—and on conviction of the offender, the said justice shall
fine such person in a sum of not less than twenty-five dollars nor more
than two hundred dollars for each and every offense, or shall decree a
forfeiture of the canoe, boat or vessel, together with all their tackle, ap-
parel and property found on board at the time of the seizure, and shall
have power and authority to commit to the jail of said county such offender
so convicted, until such fine so imposed shall be fully paid and satisfied.

P. L. L., 1888, Art. 23, sec. 83. 1886, ch. 78.

161. The justice of the peace before whom any such offender shall be
tried and convicted, is authorized to order any constable, sheriff, or mili-
tary officer, to sell the property so seized and condemned, on five days'
notice, to the highest bidder for cash, subject to an appeal in all cases to
the circuit court for Wicomico county; and after payment of expenses
attending the arrest and prosecution in any such case, the officer making
the arrest shall retain one-fourth of the balance himself, distribute one-
fourth among the parties assisting in making the arrest and seizure, and
pay over the remaining half to the board of county school commissioners,
to be placed to the credit of the school fund of said county; provided, that
if such seizure is made by the officers or crews of the State fishery force,
then such portion as would accrue to them under the provisions of this

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5046   View pdf image (33K)
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