The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-06-09


who are not interested IN said property; and
tho proceeds Of such sale or sales, after deduct
lug all th3 necessary and legal expenses Of
seizure, cunden nation aud sales, shall he dvi-
ded, ls iollpws, tn wit: 0ne.ipurth n the p1.
Ger making the seizure; one-half Of the balance
to those aiding the officer 10 make such seizure.
aud the residue shall be paid into the Treasury
of the Stat Aud provided further that ii
such seizure shall be made By tho officers and
crew cf the Oyster Police Force uf the State,
hereinafter provided far, thtn such pprliou ~
would accrue To them under the prOyisiuus Of
this section, shall be paid into the Treasury of
the State.
See. IL. Aud be il enacted, That any party
nr parties against whom any Justice Of the
Peace or Judge may render Judgment under
thi, Article, either To pay Tine, or Of condem-
nation oi property, may, at any time within
forty days from the rendition OF said Judgment.
appeal from such Judgment to the Circuit Court
for the county wherein the same may have
been rendered bat no execution or sale shall
be stayed unless the party appealing shall give
bond, with surety or surrties, 10 tho State Of
Maryland, ia double the value Of the property
condcmned, or of the fine imposed, as the case
may he the surety or Sureties tn be 4 resident
or residents Of the county in which the said
Judgment was rendered, and who shall swear
or atlirm that he or they are worth double the
value nt the property condemned or of the fine
imposed, the case may be, with condition tn
prosecute such appeal with effect, aud to pay
the value Of the property condemned or line
imposed, and all costs attending such proceed
ings, in case such Judgment shall be affirmed
aud in all eases OF appeal either party shall be
entitled tn trial BY jury.
Sec. 10. And be Il enacted, That whenever
any offence is committed under any of the pro-
visions of this Article, within the waters Of the
State; but not within the limits of any county,
then any Justice of the Peace or Judge Of the
Circuit Court for any county, as the case may
Ia. tFU,
where the otleusc may be committed, shall have
jurisdiction thereof, and all proceedings,
whether before a Justice of the Peace or before
a Judge OF the Circuit Court for any county,
shall be in the name Of the State, and II the
party or parties accused shall be acquitted, the
Comptroller OF the State shall pay the cost out
of the fund created by this Article.
See, 20. And be it enacted, That any boat
or vessel, 0wued either wholly or ia part by
any nonresident o; this State, which may be
used or employed by any resident or nDn-resi-
dent Of this State IN taking or catching Oysters
in any OF the waters Of this State, with scoop.
scrape, drag or drcdgo or Of any similar iustru-
mcnt, shall be liable to seizure and forfeiture,
aud upon conviction thereof by any Justice Of
the Peace or Judge OF the Circuit Court for
any county or the Court of Common Pleas Of
the City of Baltimore, shall be condemned 10
be sold in the same manner and upIn the same
terms, and the proceeds Of such sale Or sales
IN section seventeen Of this Article.
Sec. 81. And be it enacted, That it shall ba
the duty uf any Sheriff, Constable Or other of.
iicer, created under this Article, with or with
out warrant, To arrest any person nr persons,
and 10 seize aud take inlD custody any canoe,
boat or vessel whenever and wherever such
person or persons canoe, boat or vessel shall
be found violating, or being used in violating,
any Of the provisions Of this Article, aud bring
the offender or offenders before the Justice OF
the Peace or Judge Of Circuit Court most
conyeDicn; or accessible, to be dealt with As
herein provided.
Sec. y. Aud be il enacted, That il shall be
the duty of the officer in charge Of tho Oyster
Police of the State, hereinafter provided for.
10 cause the vessels under bis command 10 be
oL constant duty, (unless the conditions Of said
vessels, or the inc'emency Of the weather pre-
VENT in the waters Of this State, to overhaul
and examine the licenses OF all boats or vessels
engaged ia taking or catching Oysters in the
state, and to arrest all persons whO may he
found violating, or who may have been guilty
of any violation of any OF the provisions 0f this
Article, and to seize all boats or vessels, with
their tackle and furniture, which may be found
on board such beats or vessels SO engaged used
or employed in violating said provisions, aud
the said officer so commissioned shall have
power to summon tn his aid such number of
persons as may, in his Judgment, be necessary
ana proper FOR the safe execution OF his COM
mission.
See. %. And be II enacted, That il shall be
the duty of any officer having charge of or
commanding such vessels, to take the person or
persons so arrested, and the boat or boats. yes
sci or vessels and other property so seized. into
his custody, aud cause the said person or per-
sons To be taken before some Justice of the
Peace or Judge of the Circuit Court for the
county wherein the ollense may have been
committed, and IT the oltense shall have been
committed outside the limits OF any county
then to take the said person or persons before
some Justice OF the Peace or Judge Of the
Circuit Court most convenient or accessible
from the place where such odense shall have
been committed; and 1t shall be the duty of
the Justice OF the Peace or Judge before whom
such person or persons shall have been taken
by said officer, to take cognizance of the same
aud DOCKET case or cases in the name Of the
state against such person or persons and the
said boat or vessel. and the said Justice or
Judge shall proceed to try the same and render
Judgment as provided for in this Article.
Sec. 2i. Aud BE- it enacted, That ii shall be
the duty of the officer alluded TO in section
twenty-five Of this Article, to return to the
commissioners of the Oyster Police Forcs, at
the expiration of every two months, a full and
particular account of his proceedings.
Sec. rs. And be 1t enacted, That in all cases
arising under this Article, the Justice of the
Peace or Judge, before whom any person or
persons may be brought, shall proceed to dock.
ct case or cases in the name of the State
against the person or persons so charged, and
the boat or vessel employed or used, and shall
proceed Immediately to try the same, unless
the party or parties so charged shall state upon
oatb, that further time Is necessary to enable
him or them to prepare for his or their defence
and to procure attendance of witnesses, in
which case the said Justice or Judge shall np.
point certain day for the trial OF the same
and shall caHse the said party or parties TO enter
into recognizance with sureties, approved BY
said Justice or Judge, in a sum not less than
five hundred dollars, for his or their appear
ance on said day said surety or suroties TO be
resident or residents of the county in which the
case is tried, and shall swear or affirm that he
or they are worth double the amount of tho
recognizance required, and in default thereof
may commit the said party or parties to iail I:
and II, upon said trial, it shall appear to nc
satisfaction Of said Justice or Judge, that any
violation Of this Article has been committed hy
the party or parties, and that said boat or ves.
sci has been used or employed in said violation
OF this Article or any ofits provisions the said
Justice or Judge shall render a Judgment Of
condemnation against the said boat or vessel,
her tackle and furniture on board at the time
oi her seizure, or line the said party or parties
at his discretion, as bcreinbefore provided.
Sec. 20. And be IL enacted, That II shall be
unlawful for any person or persons licensed
under any OF the provisions of this Article, 70
,aAe ,a OF eaten oysters on Sunday; or a, night,
mat IS to say, between sunset and sunrise, and
any person or persons so offending, shall, upon
conviction thereof, be 1ned a sum not less than
my, nor more than two hundred dollars, In the
discretion OF the Justice or Judge trying the
same.
Sec. ~, And be It enacted, That all moneys
arising from the sale of licenses OF from fines.
penalties and forfeitures imposed under this
Article, shall, upon warrant Of the Comptroller
be paid into the Treasury and placed 10 the
credit of the Oyster Fund, and the Comptroller
is hereby required TO state in his annual report
particularly, the receipts and expenditures, on
account OF said fund, and the balance standing
to the credit of the State at the time of making
such report