2068 WICOMICO COUNTY. [ART. 23,
comitatus, if necessary, and proceed forthwith 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, belong-
ing to said party, or in his possession at the time of the offence,
and used by him in such violation.
1886, ch. 78.
82. The sheriff, constable, military officer, commander or
deputy commanders 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
euch violation, shall appoint some early day within the next five
days thereafter, to hear the case—the party charged with the
violation 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, apparel 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.
Ibid.
83. The justice of the peace before whom any such offender
shall be tried and convicted, is authorized to order any constable,
sheriff, or military officer, to sell the property so seized and con-
demned, 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 com-
missioners, 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
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