Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-12-17

lol MS oI tHtlI appearance at Iflal
and the said vessel shall be held and
safely kept at the cost of the part,
| 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
! sad 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
herelnbetore 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
III ease the said judge or justice shall
find the vessel has been so unlawfullv
employed. then he shall declare the
same to bc forfeited. and shall so enter
upon his docket. together with all her
tackle. apparel. appurtenauccs, boats,
sails and Rigging. and he shall au-
thorpe 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 at least twenty days
notice of the time and place of said
sale. printed III some newspaper pub
ll>hed In the county in which the ease
may be tried: and the said officer shall
b" allowed the actual EXPENSES ri
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
vIdcd, and by him Ia the Comptroller,
10 the credit of the oyster fund. unless
part thereof be RENTED 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 eases have the
right 10 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 Ia amend the warrant or any of
the proceedings before the Justice of
the peace. 50 a. To bring the ease To
trial upon It's merits; provided. that no
new offence shall be charged: and in
case that such an amendment shall
work surprise To- defendant. he shall
nave further time tu prepare for trial.
aud the rules governing amendments
IN cases originating IN the said court
shall govern such amendments. 50 far
a they are applicable: and upon bond
IN an amount equal L" the value Of the
SAID vessel being given by the person
praying the appeal satisfactory To
said justice the SAID vessel NAV he re
leased pending the said appeal; aud III
any ease 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 proceed, of said
vessel To be- returned TO him, or Ia any
person having lien on said vessel
and may distribute the funds accord
ing 10 the priority OF the several claims
and liens: and any persons having a
hen may tIic a petition and the court.
q: the interests Of justice will permit.
may allow him portion of said pro
ce,,d-. hut IN all such eases the court
shall retain a sufficient sum.to pay costs,
charges, expenses ami reasonable
aud proper equivalent 10 a fine; and
amendments shall hc allowed a herein
before provided, in all eases OF appeal
from the judgment Of Justices "i the
peace IN eases where q violation ut
Anv local oyster law or laws l. charged.
SE,. l.. Ind h 4 ygartsi. That any
boat. owned wholly or in part by any
non resident. used in catching oysters
IN this Stat. with scoop, drcd-c or
similar instrument, = hereby declared
to h., forfeited. and shall hc condemned
by order of any Judge of the Circuit
Court nearest the place Of her cap
tur.. or # captured in Baltimore city.
hy order uf the City Court. and shall
bc sold bv the sheriff of the county
where condemned. or If condemned in
Baltimore city by tn" sheriff OF said
city Ia the highest bidder for cash,
after twenty days uotter of the time
and place of sale; such notice Ia be
published AT least three times in n
new >pap"r having the largest circula-
tlou printed in Baltimore city or IN
the county where condemned: one
FORTH of the proceeds Of such sale
shall be paid 10 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.
SIC. -. Ind h It enacted. That the
fines accruing under this Act shall DE
paid by the Sheriff, Constable or Off
GERS of the State Fishery Force col
lcctIug 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. II. ind h. Il c1,Gcted. That it
shall be unlawful for any person orper-
sons to take or catch oysters or have
oysters in his or their possession be
tween the twenty fifth day of April