180 GAME COMMISSIONS AND WARDENS. 



•within two hours by the defendant from the judgment of the justice upon giving 

 sufficient bond to cover the cost of the appeal and the value of the game or fish 

 seized, to be determined by the justice. 



Sale of seized game : [Sec. ] 45. In case of judgment and order of sale, as specified 

 in section 44, and in absence of appeal and the filing of a proper bond, as provided by 

 said section, then said constable shall at once post two notices, one at the justice's 

 door and the other at the place of sale, specifying in each notice the time and place of sale, 

 not less than five hours from the hour at which the judgment was rendered, and also a 

 description of the game or fish to be sold; said place of sale shall be at the most public 

 place obtainable for the purpose. Said constable shall, at the time and place men- 

 tioned in said notice, sell such game or fish at public auction to the highest bidders 

 for cash, and at once pay the proceeds of such sale to the justice; said constable shall" 

 give the purchaser a certificate of purchase in which shall be a particular description 

 of the game or fish sold, together with the date of sale. 



Disposition of proceeds: [Sec] 46. If there has been no appeal, or if the judg- 

 ment of the justice is affirmed on appeal, the said justice shall deduct his costs, if not 

 already paid, together with the constable's costs, which shall include a fee of ten per 

 centum of the amount of the proceeds of the sale for his services as auctioneer, and 

 shall distribute the balance of such proceeds of sale or the ascertained value of the 

 game or fish seized as secured by the bond, as follows: One-half shall be paid to the 

 game warden, which shall be kept by him for his services, and one-half shall be paid 

 into the county or city treasury for the benefit of the school fund. 



Nonliabilty : [Sec] 47. The game warden and the deputy game wardens shall 

 not be liable for any damage or costs sustained by any person or corporation by rea- 

 son of the wrongful seizure of game or fish under this sub-title; provided, however, 

 that the enforcement of this sub-title shall in nowise prevent prosecution of persons 

 or corporations for violations of the game or fish laws of this State. 



State fishery force ; State officers: [Sec] 48. Whenever the game warden shall 

 require the assistance of the State fishery force he shall so advise the governor who, 

 acting for the board of public w r orks shall, if he approve the request of the game 

 warden, instruct the commander of the State fishery force to forthwith assist the 

 game warden in the enforcement of the game and fish laws of the State. And when- 

 ever the game warden or the deputy game wardens shall require the advice and 

 assistance of the State's attorneys and sheriffs of the several counties of the State or 

 of Baltimore city, it shall be the duty of said officers to render the required assistance 

 as in other State cases. * 



Liability of accessory: [Sec] 5. Any person aiding or abetting another by fur- 

 nishing a boat or float of any description, or gun or ammunition, to be used in viola- 

 tion of sections 1, 2 or 3 [prohibiting shooting waterfowl bedded in flocks from any 

 floating craft or boat; shooting same from boats or craft of any kind while said 

 waterfowl are flying about their feeding grounds or elsewhere over the waters of the 

 State] of this article, shall be deemed guilty of a misdemeanor and shall be dealt 

 with and fined as if he had violated them himself. 



Arrest; Seizure: [Sec] 6. Any officer of the State fishery force, sheriff, constable 

 or commissioned militia officer of the county wherein the provisions of this article 

 relating to water-fowl may be violated, who shall be satisfied either upon his own 

 view or information received of any other person, whether on oath or not, that any 

 one has violated the said provisions, is authorized and empowered to arrest and take 

 into custody such person so offending, and the boatmen or other persons found on 

 board of the vessel, boat, float, canoe or craft employed to convey such offender for 

 the purpose of shooting at or killing wild ducks or wild fowl of any description con- 

 trary to the provisions of this article, and shall seize and take into his possession the 

 said vessel, boat, float, canoe or craft, and the gun or guns, ammunition and decoy 

 ducks in the same or in the use or possession of the offender or offenders. 



