164

FISH AND FISHERIES. [ART. 14.

Id E
Fine for placing
Distinctions in
haul of fishery

44. If any person shall wilfully and maliciously put any stake,
log, stone, ballast, or other obstruction in the berth or haul of any
fishery, he shall pay a fine of not less than twenty nor more than
one hundred dollars, at the discretion of the justice of the peace
trying the case.

FINES AND FORFEITURES.

Art 4t, s 27
1777, c 6, 1810,
c 36, 1820, c 101,
s 4, 1S41, c 326,
s 5
Recovery of
fines and penal-
ties

45. All fines and penalties imposed by the preceding sections of
this article, if they do not exceed one hundred dollars, may be re-
covered by action of debt in the name of the State before a justice
of the peace, and if over one hundred dollars, by indictment in the
Circuit Court for the county where the offence is committed.

Id s 28
1820, c 109, s 4,
1841, c 326, s 5
When name of
offender un-
known, how
arrested

Id s 29
1843, c 275, s 4,
1354, 0 172, s 4,
1854, c 310, S 2
Forfeitures,
bow enforced

46. If the name of the offender be unknown, he may be arrested
on a warrant describing him as the person committing the offence,
without stating his name in the warrant.
47. All forfeitures of property incurred under this article may
be enforced in this way: the sheriff or constable shall on complaint
made to him, seize the property alleged to be so forfeited, and give
notice to the owner thereof, if the owner can be found, to appeal-
before a justice of the peace of the county where the seizure is made,
on a certain day within five days from the time of seizure, to show
cause why the property so seized should not be condemned; and if
the owner of the property so seized, evades the service of said
notice, then the sheriff or constable may set up notices at three of
the most public places in the neighborhood of the seizure, warning
the owner of such property to appear before a justice of the peace
to be therein named, on a certain day not less than ten days from
the time of seizure, to show cause why the said property should not
be condemned.

Id s 30
1841, c 143,
1843, c 142, s 2,
1845, c 148, S 4,
1854, c 172, s 2
Same

48. If upon the hearing in any case of seizure as aforesaid the
justice 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 a forfeiture of such property for such
violation, then such justice shall adjudge the same to be condemned
and sold by the sheriff or constable seizing the same (or if he be
dead or removed away, by some other officer) on ten days' public
notice; and the justice may proceed ex parte to hear and determine
any question of forfeiture, if the owner fails to appear after the
notice herein required to be given.

Id s 31
1320, c 199, s 4,
1841, c 326, s 5
Same

49. If the sheriff or constable making a seizure of property
under this article does not know the name of the owner or person
having charge thereof, he may describe him in the notice he is re-
quired to give as the owner of the property, without naming him,
and the justice, if he does not know the name of the owner, may
condemn the property as the property of a person guilty of violating

Id s 32
1779, c 6,
1845, c 148, S 1.
Proceeds of
fines how dis-
posed of

the law, without naming such person.
50. The proceeds of the sale of any property forfeited as afore-
said shall, after paying the expenses of the seizure, condemnation