262 
BULLETIN OF THE UNITED STATES FISH COMMISSION. 
boxes, or other packages; and in case of seizure by any duly authorized officer of«any barrels, boxes, 
or other packages in transit, containing lobsters, which are not so marked, or in case of seizure by 
such officer of barrels, boxes, or other packages in transit containing lobsters less than the prescribed 
length, such lobsters as arc alive and less than the prescribed length shall be liberated and all such 
lobsters as are of the prescribed length found in such barrels, boxes, or packages, together with such 
barrels, boxes, and packages, shall be forfeited and disposed of under the provisions of section 47 of 
this act. 
Sec. 43. Every person, firm, association, or corporation who ships lobsters without having the 
barrels, boxes, or other packages in which the same are contained marked as prescribed in the 
previous section shall upon conviction be punished by a fine of $25, and upon subsequent conviction 
thereof by a line of $50; and any person or corporation in the business of a common carrier of mer- 
chandise who shall carry or transport from place to place lobsters in barrels, boxes, or other packages 
not so marked shall be liable to a penalty of $50 upon such conviction thereof. 
Sec. 44. All cars in which lobsters are kept, and all lobster cars while in the water, shall have 
the name of the owner or owners thereof on the top of the car, where it may plainly be seen, in letters 
not less than three-fourths of an inch in length, plainly carved or branded thereon, and all traps, cars, 
or other devices for the catching of lobsters shall have, while in the water, the owner’s name carved 
or branded in like manner on all the buoys attached to said traps or other devices, under a penalty of 
$10 for each car and $5 for each trap or device not so marked; and if sufficient proof to establish the 
ownership of such cars or traps cau not be readily obtained, they maybe declared forfeited, subject to 
the provisions of section 47 of this act. 
Sec. 45. All persons are hereby prohibited from setting any lobster traps within 300 feet of the 
mouth or outer end of the leaders of any fish weir, under a penalty of $10 for each offense. 
Sec. 46. Whoever takes up, or attempts to take up, or in any way knowingly and willfully 
interferes with any lobster trap while set for use, without the authority of the owner thereof, shall 
bo punished by a fine of not less than $20, nor more than $50; Provided, however, That no action, 
complaint, or indictment shall be maintained under this section unless the name of the owner of all 
such traps shall be carved or branded in legible letters, not less than three-fourths of an inch in length, 
on all the buoys connected with such traps. 
Sec. 47. When any lobsters are seized by virtue of the provisions of this act, it shall be the 
duty of the officer making such seizure to cause such lobsters, so seized, as he is not required hy law 
to liberate, together with the cars, traps, barrels, boxes, or other packages in which they are 
contained, to be appraised within 24 hours after the time of such seizures by three disinterested men 
residing in the county where such seizure is made, to be selected by him, and the lobsters, cars, traps, 
barrels, boxes, or other packages so seized and appraised shall thereupon be sold by the officer making 
tlio seizure thereof, at such time and in such manner as shall by him be deemed proper. The officer 
making such seizure and sale shall within ten days after the time of such seizure file a libel in behalf 
of the State before a trial justice, or a judge of a police or municipal court of the county in which 
such seizure was made, setting forth the fact of such seizure, appraisal, and sale, the time and place of 
the seizure, the number of lobsters, cars, traps, barrels, boxes, or other packages so seized and sold, and 
the amount of the proceeds of such sale ; and such trial justice or judge shall appoint a time and place 
for the hearing of such libel, and shall issue a notice of the same to all persons interested to appear at 
the time and place appointed, and show cause why the lobsters, cars, traps, barrels, boxes, or other 
packages so seized and sold, and the proceeds of such sale, should not be declared forfeited, which 
notice shall be served upon the owner, if known, and by causing an attested copy of such libel and 
notice to be posted in two public and conspicuous places in the town in which the seizure was made, 
seven days at least before the time of hearing. 
If any person appears at the time and place of hearing, and claims that the lobsters, cars, traps, 
barrels, boxes, or other packages so seized and sold were not liable to forfeiture at the time of seizure, 
aiid 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 ot her 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 3ale 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 
