ART. 39] PROHIBITIONS——PENALTIES. 1141

liable to pay said fine; and the vessel, float or boat so anchored
or stayed as above mentioned, shall also be liable to be seized
and sold to pay any fines imposed under the preceding section.

1888, art 39, sec 10 1860, art. 41, sec. 9 1820, ch. 199, sec. 2.
1841. ch. 326, sec. 5.

10. If any such vessel, float or boat shall be wittingly, wan-
tonly and maliciously, or from gross negligence, sailed through
any seine extended in any of the said fisheries, the skipper,
captain or other person commanding such vessel, float or boat
shall pay to the owner or occupier of such seine such damages
as shall be ascertained by two respectable and disinterested
men mutually chosen by the parties; or if the parties cannot
agree upon persons as aforesaid to ascertain the damages, then
any justice of the peace, on application of either of the parties,
shall appoint three disinterested persons with power to any two
of the three to ascertain such damages; and any justice of the
peace of the county where such ascertainment of damages may
be made may enter judgment thereon against the captain or
person having charge of such vessel, float or boat, if the sum
does not exceed one hundred dollars, and issue execution thereon
as on other judgments; and if the damages exceed one hundred
dollars, then the party injured may have an action on said
ascertainment of damages in the same manner as if it were on
award; and in all cases the damages so ascertained shall be a
lien on such vessel, float or boat.

Ibid sec. 11. 1860, art. 41, sec. 11. 1620, ch. 99, sec. 3. 1880, ch. 354.

11. No float or other device for fishing shall be anchored or
located at any place so as to interfere with any shore fishery
now used as such, or which may be hereafter established; nor
shall any seine be hauled from such floats, or other device, over
the ground usually hauled over by any shore fishery; nor shall
any float haul over the grounds usually hauled over by another
float, which has cleared its haul and been located in the same
position two or more fishing seasons, unless the said float shall
abandon for one spring the locality previously occupied; and
any person violating this section shall, for each offense, pay a
fine of not less than twenty-five dollars nor more than one
hundred dollars, and for every hour that such float or other
device shall remain anchored or located after notice shall be
given by the owner or occupant of such shore, float or fishery,
requiring him to remove, he shall pay an additional fine of not
less than ten dollars nor more than twenty-five dollars.