Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-29

ucau. measured as HIOrPshIu: anu ~
every lobster canned. preserved or picklet
contrary to the provisions OF this section
every person. firm, association or c0rpo
ration SO cumming, preserving or picki,nE
shall be liable to u penalty OF I'VE 90 !ar'
for. every lobster so canned. preserved o.
pickled contrary to the. provlsi0ns o
this section, and q further penalty o.
which such unlawful canning. preserv
Ing or picking Is carried on.
Section A. All barrels. boxes or othe'
shall be marked with the word Holsters II
capital letters. at least one inch IN lengte
together with the full name Of the. ship
plain and legibie manner on the OUTSIDE
of such barrel. boxes or other packages
and in case OF seizure by any duly au
in OF
sters, which are not SO marked, or IL
case of seizure by such officer. of bar
Sg has u
scrIbcd length, such Holsters as are aiiv'
and less than the prescribed length shal
be liberated. ana all such iobsters as art
OF the prescribed length found In such
barrels. boxes or packages, together with
such barrels. boxes or packages. shall be
forfeited and disposed OF under the pro-
visions of section forty-seven OF this act.
Section 40. Every person. firm. associa-
tion or corporation who ships Holsters
without having the barrels. boxes or 9TH
err packages In which the same are con-
tanned. marked as prescribed In the pre-
vious section. shall upon conviction be
punished by fine of twenty-five dollars;
by a fine of fifty dollars: and any per-
son or corporation in the business Of a
common carrier OF merchandise. who
shall carry or transport from place to
place Holsters In barrels boxes or other
packages not SO marked, shall be liable
TO a penalty OF fifty dollars upon each
Section a. All cars in which Holsters
are kept. and all lobster cars while In the
water. shall have the name OF tine owner
or owners thereof on the top of the car
where II may be plainly seen, In letters
not less than three-fourths OF an inch In
length, plainly carved or branded there
the catching OF Holsters. shall have. while
in the water. the owners name carved or
branded In like manner on all the buoys
under a penalty OF ten dollars for each
car. and i've dollars for each trap or de-
vice not so marked. and II sufficient
ears or traps cannot be readily obtained.
they may be declared forfeited. subject
to the provisions OF section forty-seven
Section Is. All persons are hereby pro-
hibtted from setting any lobster traps
within three hundred feet Of the mouth
or outer end Of the leaders OF any fish
weir. under penalty of ten dollars for
each offense.
Section 4s. Whoever takes up. or at
tempts to take UP. or In any way know
ingly and wilfuiiy interferes with any
lobster trap. while set for USE without
the authority OF the owner thereof. shall
twenty nor more than fifty dollars; pro-
vided. 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 legibie letters. not less than
three fourths of an inch In length. on ali
the buoys connected with such traps.
Section a. When any HOLSTERS are
seized by virtue Of the provisions of this
act: II shall be the duty of the officer
making such seizure to cause such lob
sters, so seized. as he Is not required by
law to liberate, together with the cars.
traps. barrels. boxes or other packages
praised within twenty-four hours after
the time of such seizure. by three dis
interested men residing in the county
where such. seizure Is made. to be Sc
lected by him, and the Holsters. cars.
traps, barrels. boxes or other packages
so seized and appraised. shall thereupon
be sold by the officer making the seizure
thereof. at such time and IL 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 n trial justice. or judge of a po-
lice 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 seiz-
nre. the number OF Holsters. cars; traps;
seized and sold, and the amount of the
proceeds of such sale; and such trial
justice or judge shall appoint 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 Holsters. cars. traps. barrels. boxes or
other packages so seized and sold. ana
the proceeds of such sale. should not be
declared forfeited. which notice shall be
served upon the owner. II known. and
by causing an attested copy of such libel
and notice to be posted in two public and
lob
the seizure was made. seven days, at
least. before the time of hearing.
II any person appears at the time and
Holsters. cars. traps. barrels. boxes or
other packages so seized and sold were
not liable to forfeiture at the time OF
the trial justice or judge shall hear and
determine the cause. and II he shall de-
eide that such lcDsters, cars. traps. bar
of seizure were not liable to forfeiture
and that the claimant was entitled there
to, ne shall order the proceeds s,c OF such
claimant shall appear, or II such trial
Justice or judge shall decide that such
i3bbsters traps: cars; barrels aiI boxes ;s,r or
were liable to forfeiture, or that the
claimant was not entitled thereto. he
cars. traps. Darreis. boxes s or S' other pack.
ages and Of the proceeds Of sale, and
shall order the proceeds of sale. after
to the county treasurer. and by him to
the state treasurer to be used as directed
in section forty-eight of this act. and
shall render Judgment against the claim
ant for costs to be taxed as in civil SUITS
and issue execution therefor against him
in favor of the state which costs. when
collected, shall be paid In to the treasurer
of the county. and BY him to the treas
urer Of the state. to be added and made
part % the appropriation for sea and
shore fisheries. The claimant shall have
the right of appeal to the next supreme
judicial court or superior court in the
county. upon recognizing and paying the
fees for copies and entry as In cases Of
appeal in criminal cases. The fees and
costs of seizure appraisal and sale. and
in all other proceedings. in the case.
shall be as provided by law in criminal
cases. and, In case forfeiture shall be
declared, shall be paid out of the pro-
ceeds of the sale. otherwise shall be paid
by the county, as in criminal cases.
Section IS. All fines and penalties I'M
der this act may be recovered by COM
plant, Indictment or action of debt
made or brought by any person in the
county where the offense is committed,
and shall be paid into the treasury of the
county in which the offense Is committed,
and by such treasurer. to the state treas
urer. to be added and made a part Of the
appropriation for sea and shore fisheries.
Section 40. The commissioner of sea
and shore fisheries may take fish Of any
kind, when, where, and in such manner
l,n 20, tho 80