Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1886-05-07

charged or of the said vessel, as the
case may be; and in case the master
owner or other person in charge OF
said vessel shall or shall not be arrested
then the vessel used in violation of this
Act shall be seized, and the charge
against the same shall be heard by the
said judge or justice of the peace, and
she shall be dealt with as hereinafter
provided; and if the said master, owner
or other person in charge of said vessel
shall not appear after giving bail as
hereinbefore provided, then in either
case the judge or justice of the peace
may proceed to hear the case, and to
determine whether or not the said YES
sci has been employed in violation of
this Act, and any vessel so employed
is hereby declared to be forfeited, and
in case the said Judge or justice shall
find the vessel has been so unlawfullv
employed, then he shall declare the
same to be forfeited, and shall so enter
upon his docket, together with all her
tackle, apparel, appurtenances, boats,
sails and rigging, and he shall au-
thorlze and direct any sheriff or deputy
sheriff to sell said vessel, together with
all the apparel, tackle, boats and other
things belonging thereto, at public
auction, to the highest bidder for cash,
after giving ut 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
be allowed the actual expenses of
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-
vided, and by him to the Comptroller,
to the credit of the oyster fund, unless
part thereof be RENTED as provided
for 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 judg-
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 its 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 eases 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 DO re-
leased pending the said appeal; and in
any case in which the owner may APP
ply to the court having jurisdiction,
and shall show that the unlawful EN-
ployment of said vessel was without
his sanction or authority, the said
court may order the proceeds of said
vessel to be returned to him, or to any
person having lien on said vessel
and may distribute the funds accord
ing to the priority of the several claims
and liens; and any persons having
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 u reasonable
and proper equivalent to u fine; and
amendments shall be allowed as herein
before provided, in all eases of appeal
FROM the judgment Of justices OF the
peace in eases where n violation Of
any local oyster law or laws is charged.
Sec. II. And be ii eiaoted, That any
boat, owned wholly or in part by any
nonresident, 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 cap
ture, or IL captured in Baltimore city,
by order OF the City Court, and shall
be sold by the sheriff of the county
where condemned, or if condemned in
Baltimore city by the sheriff of said
city to the highest bidder for cash,
after twenty days notes of the time
and place OF sale; such notice to be
published at least three times in a
newspaper having the largest circula-
ton 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
capture, 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. 10. And be IL enacted, That the
fines accruing under this Act shall be
paid by the Sheriff, Constable or Off
GERS Of the State Fishery Force col
Letting the same within ten days, to
the Clerk Of the Court Of the county
or city where such fine may accrue,
and such clerk shall account for the
same in the next quarterly return TO
the Comptroller Of the Treasury to be
placed to the credit Of the oyster fund.
SEC. IA. Ind be IL enqcted, That it
shall be unlawful forany person Orper-
sons to take or catch oysters or have
oysters in his ortheir possession be-
tween the twenty-ffth day of April
aud the first day Of Septem Der in each
and every year; provided, that oysters
caught before the :wenty-ffth day Of
April may be disposed of at any time
before the fifth day Of May; and pro
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