MAKYLAND. 181 



Prima facie evidence: [Sec] 7. The said officers shall carry the person or per- 

 sons so arrested before a justice of the peace of the county wherein the offense may 

 be committed, representing to the justice the breach of the law committed; and the 

 said justice shall inquire fully into the alleged offense, of which the rinding of vessels, 

 boats, floats, canoes or crafts employed as aforesaid or in the possession or use of the 

 persons charged shall be considered as prima facie evidence of guilt. 



Proceedings: [Sec] 8. If after a full investigation the said justice shall think the 

 charge groundless, he shall dismiss the same at the cost of the county; but if he shall 

 be of the opinion that any wild ducks or other water-fowl have been shot at or killed 

 contrary to sections 1, 2 or 3, he shall render a judgment of not less than ten nor 

 more than one hundred dollars against each person engaged directly or indirectly 

 therein for each offense, and he may commit him to the county jail in the event of 

 his not paying the fine thus imposed, if the officer making the arrest and seizure 

 desire it; and if committed, the officer who desired the commitment shall pay the 

 jail fees at the rate of twenty-five cents per day, and in case of a failure to pay 

 the said fees for the space of three consecutive days, the party whose jail fees shall 

 thus remain unpaid shall be discharged from confinement. 



Sale of seized appliances: [Sec] 9. The justice shall also adjudge and condemn 

 as forfeited to said officer and to the person or persons who may have aided him in 

 making the arrest and seizure the vessel, boat, float, canoe or craft, together with the 

 tackle, furniture and apparel on board of the same at the time of the seizure, and all 

 or any other property in the possession of the said officer, found, seized, and taken 

 as aforesaid; and' the said officer with the person or persons who aided him in making 

 the arrest and seizure shall sell the same to the highest bidder for cash after ten 

 days' notice. 



Appeal: [Sec] 10. If any person so convicted shall think himself aggrieved by 

 such conviction, he shall be at liberty to appeal from the judgment of the justice of 

 the peace, within ten days from the rendition thereof, to the circuit court for the 

 county wherein the offense is alleged to have been committed; provided, he give bond 

 to the State with two sufficient securities, to be approved by the said justice, in. a 

 penal sum of double the amount in value of the boat or craft and property so seized 

 and the fines imposed, to be estimated by the said justice, conditioned to prosecute 

 his appeal to the circuit court; and it shall be the duty of the justice taking the 

 appeal bond immediately to deliver the same to the officer who made the arrest; 

 and in case of forfeiture of the bond the said officer may prosecute the same for his 

 use and the use of those engaged with him in making the arrest and seizure. 



Resisting- officer: [Sec] 11. If resistance be made to the officer engaged in mak- 

 ing such arrest or seizure, such resistance shall be deemed a misdemeanor, present- 

 able by the grand jury of the county, and punishable in the circuit court therefor 

 by fine and imprisonment as other misdemeanors are punished. 



Disposition of proceeds; Exception: [Sec] 12. After the payment of the costs 

 of the prosecution of the offenders, the balance arising from the fine and the sale of the 

 boat and other property hereinbefore mentioned shall be divided and apportioned 

 in the following manner: one-half to the officer and those who assisted him in making 

 the arrest and seizure, and the balance to be paid over to the county commissioners 

 for the benefit of the school fund of the county. The preceding sections shall not 

 apply to Baltimore, Harford or Cecil counties, as to which special provision is made 

 in the local laws thereof. 



Confiscating" g-un: [Sec] 22. [Prohibits use of any gun other than one fired 

 from the shoulder] and every gun which is not so habitually fired from the shoulder, 

 as aforesaid, shall be liable to seizure by any State or county officer authorized to 

 execute warrants, and the forfeiture and destruction by any justice of the peace 

 before whom such gun shall be produced. 



