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 can
not be readily obtained, they may be 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 be 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 by 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 the 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