170

WILD FOWL AND GAME. [ART. 15.

custody such person so offending and the boatmen or other per-
sons found on board the vessel, boat, float, canoe or craft employed
to convey such offender for the purpose of shooting at or killing wild
ducks or wild fowl of any description contrary to the provisions of

To seize boat,
etc.

this article; and he shall seize and take into his possession the said
vessel, boat, float, canoe, or craft, and the gun or guns, ammunition
and decoy ducks in the same, or in the use or possession of the
Offender or offenders.

Id s 7
1860, c 109, s 6
To take offend-
ers before
justice.

7. The said officers shall carry the person or persons so arrested
before a justice of the peace of the county wherein the offence may
be committed, representing to the justice the breach of the law com-
mitted, and the said justice shall inquire fully into the alleged of-
fence, of which, finding vessels, boats, floats, canoes, or crafts em-

What prima
facie evidence
of guilt

ployed as aforesaid or in the possession or use of the persons charged,
shall be considered as prima facie evidence of guilt.

Id s 8
1860, c 109, s. 7.
County to pay
cost where
discharged.

8. If after a full investigation the said justice shall think the
charge groundless, he shall dismiss the same at the cost of the
county, but if he shall be of the opinion that any wild ducks or
other water-fowl have been shot at or killed contrary to section first
or second of this article, he shall render a judgment of not less than
ten nor more than one hundred dollars against each person engaged

Fine on convic-
tion

directly or indirectly therein for each offence, and he may commit
him or them to the county jail, in the event of their not paying the fine
thus imposed, if the officer making the arrest and seizure desire it,
and if committed, the officer who desired the commitment shall pay
the jail fees at the rate of twenty-five cents per day, and in case of
a failure to pay the said fees, for the space of three consecutive days,
the party whose jail fees shall thus remain unpaid shall be dis-
charged from confinement.

Id s 9
1860, c 109, s. 6
Justice to con-
demn boat

9. The justice shall also adjudge and condemn as forfeited to said
officer, and to the person or persons who may have aided him in
making the arrest and seizure, the vessel, boat, float, canoe or craft,
together with the tackle, furniture and apparel on board of the same
at the time of the seizure, and all or any other property in the pos-
session of the said officer, found, seized and taken as aforesaid; and

Sale.

the said officer, with the person or persons who aided him in making
the arrest and seizure, shall sell the same to the highest bidder for
cash after ten days' notice.

Id s 10
1860, c 109, s. 9
Appeal

10, If any person so convicted shall think himself aggrieved by
such conviction, he shall be at liberty to appeal from the judgment
of the justice of the peace, within ten days from the rendition
thereof, to the Circuit Court for the county wherein the offence is

Bond

alleged to have been committed; Provided, he give bond to the
State with two sufficient securities to be approved by the said jus-
tice, in a penal sum of double the amount in value of the boat or
craft and property so seized and the fines imposed, to be estimated
by the said justice, conditioned to prosecute his appeal to the Cir-
cuit Court; and it shall be the duty of the justice taking the appeal