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
treasurer, and by him to the State treasurer, to be used as
directed in section 48 of this act, and shall render judgment
against the claimant 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 treasurer of the State, to be added and
made a part of 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 a forfeiture shall
be declared, shall be paid out of the proceeds of the sale,
otherwise shall be paid by the county, as in criminal cases.
SEC. 48. All fines and penalties under this act may be recovered
by complaint, indictment, or action of debt brought in the
county where the offense is committed. The action of debt shall
be brought in the name of the commissioner of sea and shore
fisheries, and all offenses under or violations of the provisions
of this statute may be settled by the commissioner of sea and
shore fisheries, upon such terms and conditions as he deems
advisable. All fines, penalties, and collections under this act
shall be paid into the treasury of the county where the offense
is committed, and by such treasurer to the State treasurer, to be
added to and made a part of the appropriation for sea and shore
fisheries.
SEC. 49. The commissioner of sea and shore fisheries may take fish
of any kind, when, where, and in such manner as he chooses, for
the purposes of science, of cultivation, and of dissemination, and
he may grant written permits to other persons to take fis
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