
    Boles v. Lynde.
    In a. prosecution for an offense against a statute, winch enacts a fine, and also, the forfeiture of the utensils hy which the offense is committed: on conviction, the judgment ought to be for the utensils and not for the value.
    Error to reverse a judgment of the County Court in a prosecution upon the statute, entitled an act for encouraging and regulating fisheries, hy which it is enacted, that no person shall set or draw any seine for the purpose of catching fish, between the 15th of March and the 15th of June in any year, south of an east and west line from Seahrook fort, within one mile and a half east and west on each side of the mouth of Connecticut river, except, etc. on pain of forfeiting and paying a fine of £10 on conviction; and also shall forfeit the seine, ropes and other utensils used in catching fish, contrary to the act. The complaint alleged that said Roles had drawn a seine within the aforesaid limits for the purpose of catching fish, etc. whereby he had forfeited £10 for the uses mentioned in said statute; and also said seine, ropes, etc. The defendant made default of appearing and the court considered and gave judgment that he pay the sum of £20 being the £10 fine and the value of the seine, etc.
    Error assigned — That judgment ought to have been for the penalty of £10; and also that said seine, etc. be forfeited, to and for the uses mentioned in the statute.
   Judgment — Manifest error, for the reason ahoye assigned. The court had nothing to do in assessing the value of the seine, etc. in this prosecution — for the statute is that he forfeit the seine, etc. and not the value of the seine, etc.  