ROBERT M. McLANE, ESQUIRE, GOVERNOR.

345

dollars, to stand committed till fine and costs are paid ;

but in all cases arising under this sub-title, the defend-

ant or defendants shall have the right to appeal to the

circuit court for Somerset county from the judgment

of the justice of the peace; and the canoe, boat or

other vessel so unlawfully used, is hereby declared

to be forfeited, and shall also be condemned by the

justice, whether the owner or master shall be

arrested or not, by whom the charges is tried,

if it be found that she has been employed con-

trary to the provisions of this sub-section or the

regulations or designations of the said county com-

missioners; and the said justice shall enter upon

his docket an order that the said vessel be sold

Order vessel

in pursuance of the said condemnation, together with

sold.

all her masts, sails, boats, tackle and appurtenances

whatsoever, and the said vessel shall be sold at public

auction by the sheriff of said county, to the highest

bidder for cash, after twenty days' notice inserted in

some newspaper published in Somerset county, giving

notice of the time, place, manner and terms of said

sale, one-half of the net proceeds of said sale, after

Proceeds of

the payment of all necessary and proper costs, charges

sale — how di-
vided.

and expenses, shall be divided by the said county com-

missioners, as they shall deem proper and just, among

the informer or informers, and the sheriff or his

deputy, and the posse comitatus making the arrest

and capture, so as to encourage and promote the exe-

cution of the law, and the residue shall be retained by

the said county commissioners for the purposes of this

sub-title; and it shall be the duty of the sheriff and

officers of the state fishery force to arrest any person

or persons, and to seize any canoe, boat or vessel found

Seize boat.

violating, or charged or proved to have violated any

of the provisions of this act, or the regulations and

designations of the said county commissioners relating

to the waters of Somerset county, and to bring the

offenders before a justice of the peace of the said

county, to be dealt with as herein provided; and the

master or owner knowing and permitting the said

vessel so unlawfully to be employed shall be subject

to any or all of the penalties herein provided; and if

the said vessel so unlawfully employed shall be seized,

but the owner, master or other person employing or

Neglect to ap-

assisting to employ the same shall not be arrested, and

peal.

shall neglect or wilfully fail or refuse to appear, then