REGULATION OF THE SEA-FISHERIES BY LAW. Ill 



be made, as provided in chapter 225, section 15, of the Revised Stat- 

 utes, said clerk shall issue a warrant under his hand and the seal of 

 said court, returnable at the term of said court to be held next after 

 the expiration of twenty-one days from the time of tiling said informa- 

 tion, as provided in section sixteen of the last-mentioned chapter, and 

 said clerk shall immediately issue notice of said information, as is pro- 

 vided in section seventeen of said chapter. 



Sec. 6. Upon entry of judgment of forfeiture against said property 

 so complained of or seized, the court, before whom the complaint or in- 

 formation shall be tried, shall enter up judgment that the same are for- 

 feited to the State, which judgment shall be the judgment from which 

 any appeal must be taken. 



Sec. 7. Upon final judgment of forfeiture against such property, 

 either in the original or appellate court, or upon forfeiture of claim- 

 ant's recognizance to prosecute his appeal according to law, the court 

 shall forthwith issue to the officer having such forfeited property in cus- 

 tody, or to some other proper officer, an order in writing directing him 

 to sell the same at public auction, and pay the proceeds thereof into 

 said court, and every such officer shall execute said orders and shall re- 

 turn the same with his doings thereon indorsed to said court within 

 such time as said court shall direct. 



Sec. 8. Whenever in such proceedings for forfeiture it shall appear 

 to the court that there has been any irregularity in the service of any 

 process issuing upon the complaint or information, or any omission to 

 publish the notices required, or any defect or omission in the complaint 

 or information or other proceedings, the court may permit the same to 

 be amended, and direct such further service of process or publication 

 of notice, as will, in the judgment of such court, be most effectual. 



Sec. 9. No officer complaining or informing as aforesaid shall be re- 

 quired at the time of making such complaint to enter into recoguizance, 

 or in any way to become liable for the costs that may accrue thereon, or 

 for any damages on account of such seizure, unless it be proved to the 

 court that the complaint was made maliciously, and without good cause. 



Sec. 10. All fines recovered, and proceeds of forfeiture made under 

 this act, shall inure one-half to the State, to be applied for the purpose 

 of protecting the fish in our waters, and the other half to the complain- 

 ant. 



Sec. 11. Any person convicted of any offense under the second sec- 

 tion of this act may appeal from the sentence of the court to the appel- 

 late court then or next sitting : Provided, Such appeal be prayed for at 

 the time of passing sentence. 



Sec. 12. Upon such prayer of appeal, the appellant shall be required 

 to give recognizance in the sum of hundred dollars, with good 



and sufficient sureties, in every case so appealed, with condition that he 

 will file his reasons of appeal, together with a copy of the case, in the 

 court appealed to, on or before the expiration of ten days after the date 

 of said prayer, if sitting, if not, in the office of the clerk thereof, that 

 he will appear before said court, and there prosecute his appeal with 

 effect, and abide and perform the order or sentence of said court in said 

 case, and that he will not, during the pendency of said appeal, violate 

 the provisions of said second section, which said recognizance such 

 court shall forthwith certify to said appellate court. 



Sec. 13. Any person interfering with, obstructing, or resisting any 

 officer in the performance of the duties herein prescribed, upon convic- 

 tion, shall be punished as provided in the eighth section of chapter 211 

 of the Eevised Statutes. 



Sec. 14. This act shall take effect from and after its passage. 



