Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1886-05-20

this Act, and any vessel so employeC
: is hereby declared to be forfeited, anC
in case the said Judge or Justice shall
find the vessel has been so unlawfully
employed, then he shall declare tht
same to be forfeited, and shall so entel
upon his docket, together with all hel
tackle, apparrl, appurtenances, boats
sails and rigging, and he shall au'
shorlze and direct any sheriff or deputy
sheriff to sell said vessel, togethe. with
all the apparel, tackle, boats and othe,
things belonging thereto, at public
auction, to the highest bidder for cash
after giving al least twenty days
notice of the time and place of said
} sale, printed in some newspaper pub.
lished in the county in which the case
may be tried; and the said officer shall
! he ella-sd the. ac.nsla.enpanzss ol
seizure, sale and keeping Of said YES.
sci and poundage fees, and the pro.
ceeds Of said sale shall be first applied
to the payment Of all the costs, charges
and expenses Of the seizure, trial and
sale OF the said vessel, and the balance
Of said proceeds, if any, shall be paid
to the clerk OF the court as herein pro-
vlded, and by him to the Comptroller.
to the credit OF the oyster fund, unless
a part thereof be remitted as provided
Tor IN section seven, provided, that the
owner, or any other person having any
mortgage or any other lien on the said
vessel shall in all such cases have the
right to appeal to the Circuit Court at
any time within sixty DAYS after iudg-
ment rendered, and upon the trial Of
said appeal, the court shall have the
right to amend the warrant or any OF
the proceedings before the Justice OF
the peace, so as to bring the case to
trial upon It's merits; provided, that no
new offence shall be charged; and in
case that such an amendment shall
work a surprise to defendant, he shall
have further time to prepare for trial,
and the rules governing amendments
IN cases originating in the said court
shall govern such amendments, so far
as they are applicable; and upon bond
in an amount equal TO the value OF the
said vessel being given by the person
PRAYING the appeal satisfactory TO
said justice the said vessel may be re-
leased pending the said appeal and in
any case in which the owner may ap-
| ply to the court having jurisdiction,
and shall show that the unlawful en-
ployment ot said vessel was without
his sanction or authority, the said
court may order the proceeds of said
vessel tnuh4 FsiarneI ta Lim.. a. 'o,anr
and may distribute the funds accord
ing to the priority Of the several claims
and liens; and any persons having a
lien may file petition and the court,
if the interests OF Justice will permit,
may allow him portion Of said pro-
ceeds, but in all such cases the court
shall retain sufficient sum to pay costs,
charges, expenses, and reasonable
and a proper equivalent to fine and
amendments shall be allowed as herein
before provided, in all cases of appeal
from the judgment OF justices Of the
peace in cases where a violation Of
any local oyster law or laws is charged.
Sec. II. And be it enacted, That any
boat, owned wholly or in part by any
non-r sident, used in catching oysters
in this State with scoop, dredge or
similar instrument, Is hereby declared
to be forfeited, and shall be condemned
by order OF any Judge OF the Circuit
Court nearest the place Of her capture,
or if captured in Baltimore city,
by order of the City Court, and shall
be sold by the sheriff of the county
where condemned, or il. condemned in
Baltimore city by the sheriff of said
city to the highest bidder for cash,
after twenty DAYS notice of the time
and place OF sale such notice to be
published at least three times in a
newspaper having the largest circula-
tion printed in Baltimore city or in
the county where condemned one
fourth of the proceeds OF such sale
shall be paid to the party making the
capsure, including the officers and
crews Of the Fishery Force, and the
balance shall be paid into the Treasury
OF the State to be credited to the oys'
ter fund
Sec. Is. And be it enacted, That the
fines accruing under this Act shall bt
paid by the Sheriff, Constable or Off
, GERS of the State Fishery Force col
Letting the same within ten days, K
the Clerk of the Court OF the county
, or city where such fine may accrue
, and such clerk shall account for th,
: same IN the next quarterly return 4
| the Comptroller OF the Treasury to b,
: placed TO the credit OF the oyster fund
, Sec. a And be il enacted, That i
shall be unlawful for any person OF per
: sons to take or catch oysters or hav,
oysters il his or their possession be
: tween the twenty-hith day OF Apr.
, and the first day OF September N eaei
! and every year provided. that oyster
2 caught before the twenty-aith day 0
April may oe disposed OF at any tim
/ before the fifth day of May and pro
: vlded, this section shall not preven
e transportation companies from carry
=, ing oysters brought from other State:
( nor hotel and restaurant keepers 0
!, private persons from purchasing oys
; ters outside OF the State OF Mary and
e nor shall 1t be construed TO proven
e any person from taking oysters 70
1 private use and not for sale froI
r his private beds anywhere within