1154 FISH AND FISHERIES. [ART. 39

mission of the owner or occupant of the shore where such seine
may be hauled, such owner or occupant may seize by way of
distress the seine, boat, tackle and every thing on board the
boat, and may have the damages sustained by him by reason of
such hauling of a seine ascertained by a justice of the peace
or by three citizens to be summoned and sworn by a justice of
the peace; and when the damages are so ascertained the owner
or occupant of such shore may have the seine, boat and articles
so distrained appraised and sold to pay such damages.

Fines, Penalties and Forfeitures.

1888, art. 39, sec. 64. 1860, art, 41, sec. 27. 1777, ch. 6. 1810, ch. 36.
1820, ch. 199, sec. 4. 1841, ch. 326, sec. 5.

63. All fines and penalties imposed by the preceding sec-
tions of this article, if they do not exceed one hundred dollars,
may be recovered 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
offense is committed.

Ibid. sec. 65. 1860, art 41, sec. 28 1820, ch. 199, sec. 4. 1841, ch. 326, sec 5.

64. If the name of the offender be unknown, he may be
arrested on a warrant describing him as the person committing
the offense, without stating his name in the warrant.

Ibid. sec. 66. 1660, art. 41, sec. 29. 1843, ch. 275, sec. 4 1854, ch. 172,
sec. 4. 1854, ch. 310, sec. 2.

65. 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 con-
demned, 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.