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The Maryland Code, Public General Laws, 1888
Volume 389, Page 752   View pdf image
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752 FISH AND FISHERIES—FINES, FORFEITURES. [ART. 39

P. G. L., (1860,) art. 41, sec. 29. 1843, ch 275, sec. 4 1854, ch 172, sec. 4.
1854, ch. 310, sec. 2.

66. All forfeitures of property incurred under this article,
unless otherwise specially provided, 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 appear 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 prop-
erty should not be condemned.

Ibid. sec. 30. 1841, ch. 143. 1843, ch. 142, sec. 2. 1845, ch. 148, sec. 4
1854, ch 172, sec. 2.

67. 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 impose a forfeiture of such property for such
violation, then such justice shall adjudge the same to be con-
demned 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.

Ibid. sec. 31. 1820, ch. 199, sec. 4 1811, ch. 326, sec. 5.

68. If the sheriff or constable making a seizure of property
under this article does not know the name of the owner or per-
son having charge thereof, he may describe him in the notice he
is required 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 the law, without naming such person.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 752   View pdf image
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