354 STATE OF NEW YORK. 



before justices of the peace, and shall be governed by the same rules. And whenever any 

 judgment thereon shall be had, execution shall be issued thereon immediately in the same 

 manner and with the like effect as is provided in section one hundred and twenty-six, article 

 nine, title four, chapter two, third part of the Revised Statutes ; and all the provisions of said 

 sections shall apply to executions issued by any justice of the peace pursuant to the provisions 

 of this act. 



§ 8. In the event of any persons violating the provisions of either of the first, second or sixth 

 sections of this act, if the person or persons by said sections authorized to sue for the penalty 

 therein prescribed shall so select, in lieu and instead of suing for said penalty in a civil action, 

 said person or persons may make complaint on oath in writing before any justice of the peace of 

 said county of the infraction of the provisions of either of said sections, describing as near as 

 may be the apparatus, boats and implements used in violating such provisions, and it shall there- 

 upon be the duty of the officer to whom such complaint is made, to issue a warrant under his 

 hand commanding the sheriff or any constable of said county to seize, attach, and safely keep 

 all apparatus, implements, boats or other vessels used by any person or persons in violating the 

 provisions of either of the aforesaid sections of this act. 



§ 9. It shall be the duty of the sheriff or constable receiving such process, to seize and take 

 possession of all such apparatus, implements, boats or other vessels used by any person or persons 

 in violating any or either of the provisions of the aforesaid sections of this act, and such sheriff 

 or constable shall forthwith make return thereof to the officer issuing the same, and hold said 

 property in like manner as upon attachment in justices' courts, until such complaint shall be de- 

 termined and judgment thereon satisfied, and shall give notice to the owner or person in 

 possession of such property when he will return said warrant, together with a copy of said 

 warrant and the complaint upon which it was issued, and also give notice of such return to the 

 complainant. 



§ 10. Upon the return of the said warrant, the person or persons charged with such offense, 

 or the owners or persons in possession of the property so seized, may file an answer denying any 

 or all of the allegations in said complaint alleged, and the hearing of said matter, or the trial of 

 the issues thus joined, may be adjourned upon the application of either party, for a period not 

 exceeding ninety days or longer by consent. If upon the hearing of said matter and trial of 

 said issues, it shall appear that an offense has been committed against any of the provisions of 

 the aforesaid section of this act, judgment therein shall be rendered for the penalty prescribed 

 therein, and for the costs of said attachment at similar rates as upon attachments in justices' 

 courts, and if the person or persons owning or claiming the said property so attached, or some 

 one on their behalf, shall not pay the same within ten days after the rendering of said judgment, 

 the property seized shall be sold in the same manner, and upon like notice as personal property 

 under an execution in said courts under an execution to be issued therefor. 



§ 11. Upon return being made of the said sale, after satisfying the amount of the judgment 

 and costs, and the costs of said sale, the balance, if any, shall be paid to the owner or owners 

 of the articles seized, or shall be deposited with the treasurer of the county of Richmond to his 

 or their credit. 



