674                              Laws of Maryland                      [Ch. 181

this subtitle, he shall issue his warrant for the arrest of the of-
fender and the seizure of the seines, nets, boats or other fishing outfit,
to be directed to any officer of the Commission of Tidewater Fish-
eries, including deputy game wardens, or to the sheriff [or any
constable] of the county or other officer authorized to make arrests.
It shall be the duty of any officer authorized to make arrest, upon
receipt of said warrant, to arrest any person violating any of said
sections, seize any such seines, nets, boat or other fishing outfit found
being used in such violation [and bring such offender before the jus-
tice of the peace most accessible or convenient, qualified to try same, to
be dealt with according to law].

§ 240. Procedure upon seizure.

If upon a hearing in any case of arrest and seizure, the [justice of
the peace] court is satisfied that the owner or person having charge
of the property so seized is guilty of violating any of the pro-
visions of this subtitle, which imposes the forfeiture of such prop-
erty for such violations, then [said justice] the court shall adjudge
same to be condemned and sold by the sheriff as provided for in § 241.
In case the owner is not known, [said justice] the court may pro-
ceed ex parte to hear and determine any question of forfeiture. [In
any case in which an appeal is taken, provided for in § 244, the
property shall be released upon the filing of the bond as provided for
in § 244, and upon final determination of the case shall be released or
condemned, depending upon whether the party is acquitted or found
guilty.]

§ 242. Disposition of fines and proceeds of property sold.

All fines imposed under this subtitle[, and the proceeds of sale
of any property forfeited as aforesaid, after paying the expense of
seizure, condemnation and sale,] shall be [paid to the justice or clerk
of the court to] collected pursuant to the provisions of Article 26,
§ 155; however if the fine is imposed by the circuit court of any
county or the Criminal Court of Baltimore, as the case, may be,
the fine when collected shall be remitted to the Comptroller for credit
to the Fisheries Research and Development Fund.

§ 243. Jurisdiction of [justices or] court.

[All justices of the peace of this State in and for the city or county
wherein the offense shall be committed shall have jurisdiction to
hear and determine all prosecutions for the purpose of enforcing
fines and penalties collectible under the provisions of this subtitle.]
If any offense under this subtitle is committed in a river dividing two
counties, then the [justice or] court in [of] either county shall
have jurisdiction, and if it is committed in the waters of Chesapeake
Bay, then the [justice or] court of any county bordering on the Bay
shall have jurisdiction. Provided that the nearest or most accessible
[justice of the peace or] court shall hear and determine said offense,
as set forth in §§ 237 and 238.

§ 251. Vessels sailing through nets.

If any vessel, float or boat shall be wittingly, wantonly and ma-
liciously, or from gross negligence, sailed through any net lawfully
placed and marked, the skipper, captain or other person com-
manding such vessel, float or boat shall be guilty of a misdemeanor