WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 311
|
costs are paid; provided, that if said fine shall not be
|
|
|
|
paid within twenty days thereafter, it shall be the
|
|
|
|
duty of the said judge or justice of the peace to de-
|
|
|
|
cree forfeiture of the said boat or vessel, together
|
Decree for-
|
|
|
with all the apparel and tackle on board, and he is
|
feiture.
|
|
|
hereby authorized to order any sheriff or constable
|
|
|
|
to sell said boat or vessel, together with all the ap-
|
|
|
|
parel and tackle on board, to the highest bidder for
|
|
|
|
cash, after giving at least twenty days' notice of the
|
|
|
|
time and place of said sale, and the proceeds of said
|
|
|
|
sale shall go to the payment of the tine and cost of
|
|
|
|
such prosecution, and the balance, if any, shall be
|
|
|
|
paid to the owner of said boat or vessel; provided
|
|
|
|
the said owner shall have the right of an appeal to
|
|
|
|
the circuit court.
|
|
|
|
SEC. 11. And be it enacted, That any boat owned
|
|
|
|
wholly or in part by any non-resident used in catch-
|
|
|
|
ing oysters in this State with scoop, dredge or simi-
|
|
|
|
lar instrument, shall be condemned by order of any
|
|
|
|
Judge of the Circuit Court nearest the place of her
|
|
|
|
capture, or if captured in Baltimore, by order of the
|
|
|
|
Judge of the City Court, and shall be sold by the
|
|
|
|
sheriff of the county where condemned, or if con-
|
To be sold to
|
|
|
demned in Baltimore city, by the sheriff of said city,
|
highest bid-
|
|
|
to the highest bidder for cash, after twenty days' no-
|
der.
|
|
|
tice of the time and place of sale, such notice to be
|
|
|
|
published at least three times in a newspaper having
|
|
|
|
the largest circulation printed in Baltimore city or
|
|
|
|
in the county where condemned ; one-fourth of the
|
|
|
|
proceeds of such sale shall be paid to the party mak-
|
|
|
|
ing the capture, except the officers of the Fishery
|
|
|
|
Force, and the balance shall be paid into the treasury
|
|
|
|
of the State, to be credited to the Oyster Fund.
|
|
|
|
SEC. 12. And be it enacted, The fines accruing
|
|
|
|
under this act shall be paid by the sheriff, constable
|
|
|
|
or officers of the State Fishery Force collecting the
|
Fines to be
|
|
|
same, within ten days, to the clerk of the county or
|
paid to clerk.
|
|
|
city where such fine may accrue, and such clerk
|
|
|
|
shall account for the same in his next quarterly term
|
|
|
|
to the Comptroller of the Treasury, to be placed to
|
|
|
|
the credit of the Oyster Fund.
|
|
|
|
SEC. 13. And be it enacted, That it shall be un-
|
|
|
|
lawful, without authority from the owner, for any
|
|
|