The Lobster Fishery of Maine - Bulletin of the United States Fish Commission, Vol. 19, Pages 241-265, 1899 by John N. (John Nathan) Cobb
page 58 of 68 (85%)
page 58 of 68 (85%)
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seizure, and that he was entitled thereto, the trial justice or
judge shall hear and determine the cause, and if he shall decide that such lobsters, cars, traps, barrels, boxes, or other packages, at the time of seizure, were not liable to forfeiture, and that the claimant was entitled thereto, he shall order the proceeds of such sale to be paid to the claimant; if no claimant shall appear, or if such trial justice or judge shall decide that such lobsters, traps, cars, barrels, boxes, or other packages, at the time of the seizure, were liable to forfeiture, or that the claimant was not entitled thereto, he shall decree a forfeiture of such lobsters, cars, traps, barrels, boxes, or other packages, and of the proceeds of sale, and shall order the proceeds of sale, after deducting all lawful charges, to be paid to the county treasurer, and by him to the State treasurer, to be used as directed in section 48 of this act, and shall render judgment against the claimant for costs to be taxed as in civil suits, and issue execution therefor against him in favor of the State, which costs, when collected, shall be paid in to the treasurer of the county, and by him to the treasurer of the State, to be added and made a part of the appropriation for sea and shore fisheries. The claimant shall have the right of appeal to the next supreme judicial court or superior court in the county, upon recognizing and paying the fees for copies and entry as in cases of appeal in criminal cases. The fees and costs of seizure, appraisal, and sale, and in all other proceedings in the case, shall be as provided by law in criminal cases, and in case a forfeiture shall be declared, shall be paid out of the proceeds of the sale, otherwise shall be paid by the county, as in criminal cases. SEC. 48. All fines and penalties under this act may be recovered |
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