Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07
PUBLIC LAWS OF THE STATE OF MAINE.

fishing shall Immediately notify the owner or per-
son in charge Of such vessels and boats to remove
such fish and other property, and if the same is not
removed within twelve hours after said notice, such
officer may make such disposition of all fish on
board as he may deem proper, ana shali remove
such other property to some proper place on shore
and it shall then be at the risk Of the owner.
SEC. s. At any time after such seizure, If the
owner claimant desires to retain possession of
such vessels, boats and other apparatus, he may
notify such officer in writing Of such fact, and
quest an appraisal of the same, whereupon such
officer shall Immediately prepare schedule of all
property then detained by him, and cause three
disnterested men, acquainted with the nature of
the property detained, to be appointed one to he
selected by the owner or claimant, one by the OIL
Ger making the seizure, and one by any trial justice
or justice of the peace Of the county where the
property is detained such justice TO be notified to
make such selection by the officer in charge.
SEC 6. The appraisers shall be duly sworn by
the officer, or some other proper person, and shall
shown them by such officer, and certify under their
hands the cash value of the same copy of their
appraisal to be by them given to the officer, and
one copy to the owner or claimant Said appra sers
shall receive two dollars per day for said services
to be paid them by the officer, and to be by him
charged with his fees on his warrant or precept;
thereupon, at the request of such owner or claim
ant, the property shall be given up to him, pro-
vided said owner or claimant shall first deliver to
said officer bond in double the value of said APP
prasal. by him duly signed and sealed, with good
and sufficient sureties, approved in writing on said
bond by the clerk Of the supreme judicial court for
toned that said principal shall pay cause to be
paid to the treasurer of said county his successor
in said Office the amount OF said appraisal demand
of said treasurer or his successor as soon as
judgment Of said court decreeing forfeiture of
such property shall have been entered of record;
said bond to be returned into court by the officer
and placed on file by the clerk.
SEC. 7. On conviction OF any person or persons
of a violation of section one, the court before
which such prosecution or indictment is had shall
decree all property so seized by such officer to be
forfeited, and shall order all such property, not
enlarged by giving such bond to be sold at public
auction by the officer SeiZinv the by
sheriff or deputy sheriff within said county, subject
to such conditions as to notice as the court may
order; all sums realized from such sale less the
legal cost attending the seizure, forfeiture and sale
Of such property, shall be promptly paid to the
treasurer Of such county by such Officer to he by
such treasurer appropriated and paid out, as is pro-
vided for herein.
SEC. 8. In cases where property has been seized
where no prosecutions have been commenced, in
dictments found Judgment for plaintiff rem
dered or convictions on the indictments obtained,
the court may at its discretion, order all property
seized to be returned by some officer to the
owner or claimant demand of such owner
claimant; and such order shall constitute bar to
against the officer for making such seizure de-
tanning such property but in all cases where prop
crty has been seized, indictments found, or prose-
cutions commenced, and the party indicted
prosec uted is not in the ody jurisdiction of
the court, SO that no conviction or judgment has
been obtained, the court shall cause such notice as
interested to appear at lime and place designated
in said notice, and show cause, if any they have,
why forfeiture OF said property should not be de-
creed, and sale of the same made as herenbefore
provided. At the time of such hearing the court
may, on default, or otherwise, make a decree of
forfeiture of said property, cause the same to be
entered Of record and order sale thereof, subject
to the conditions hereinbetore made, or make such
other decree as in its judgment justice demands
relative to return Of the property, subject to the
previous conditions to an order Of return.
SEC. 9. In case of the death of any officer making
snch seizure, or having such property in charge,
any officer mentioned in this chapter, residing in
the county whore The property Is detail ned, may
take the possession of all property seized and de-
tanned, and do any other acts in the premises, the
same as the original officer making said seizure.
SEC. TO- All acts ami parts of acts inconsistent
with this act are hereby repealed.
SEC IL. This a,t shall take effect one year from
the date Of it's approval. approved Feb, 81, 1879
CHI pier S67.
AN ACT to provide additional remedies for the
enforcement of Jud gments.
Be ii enacted, &C., as follows:
SECTION [. rha Sunrena iulicial court in any