E. LOUIS LOWE, ESQUIRE, GOVERNOR.
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and all which said articles, boat, craft or float,
and
all other property seized and taken by virtue of this
law, shall be condemned and sold, and the proceeds
distributed as hereinafter provided.
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SEC. 2. And
be it enacted, That any sheriff, constable
or commissioned militia officer of Baltimore county,
who shall be satisfied, either upon his own view, or
from information received of any other person, whether
on oath or not, that any person or persons have violated
any of the provisions of this law, such officer shall be,
and he is hereby authorised and empowered to arrest
and take into his custody such person or persons so offending
and the boatman found on board or belonging
to the boat or float employed to convey any or all of
such offenders to Baltimore county, for the purpose of
shooting at or killing wild ducks or wild fowl of any
description in contravention of this act, and he shall
seize and take into his possession the said boat or craft,
and all the appurtenances belonging to the same, and
all the articles and other property enumerated in the
first section of this act, and the said officers shall carry
the said person or persons, so arrested, before a justice
of the peace of Baltimore county, representing to the
justice the breach of law committed, and the said justice
shall be, and he is hereby authorised to take cognizance
of the offence then charged, and he shall docket
a case in the name of the State against each person in
the custody of the said officers, and immediately have
summoned before him the witness or witnesses in the
case or cases, and shall examine the said witness or
witnesses on oath, and any white person or persons
who aided the said officer in making the arrest and
seizure, shall be a competent witness against the parties
charged, and the said justice shall enquire fully
into the alleged offence, of which finding sink boats,
sneak boats or floats, on board of the said boat or craft
employed as aforesaid, or in the possession or use of
the person or persons charged with offending against
this law, shall be considered as prima facia evidence of
guilt, and after a full investigation of the case or cases,
if the justice shall think the charge groundless, he shall
immediately dismiss the same, at the cost of the county,
but if he shall be of opinion that any wild ducks or
other wild fowl have been shot at or killed in violation
of this law, he shall impose fines of not less than five
dollars nor more than fifty dollars on each and every
person engaged directly or indirectly therein for each
and every offence, and he may commit him or them to
the county jail, in the event of their not paying the fines
thus imposed, if the officer making the arrest and seizure
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Sheriff
empowered
to arrest.
Witnesses
may be summoned.
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