Year: 1868

ter, employee or other person SO offend
ing, shall upon convietien thereof before
any Justice of the Peace or Judge OF any
Circuit Court for any county be subject to
the same fines and penalties, and the boat
or vessel SO used or employed, be liable
to seizure and forfeiture as provided in
section six of this Article, but this section
nor any in this Article shall be construed
Us repeal of sections ninety-four to one
| hundred and one inclusive of Article
nineteen of the Code Of Public Local
Laws for Somerset county, relating to oys-
ters


Sec II. And be it enacted, That all
boats, vessels or other property condemn
! ed under the provisions of this Article,
shall be sold by the Sheriff of the county
where such boat, vessel or other property
may be condemned at public sale after
giving twenty days notice of the time and
! place of such sale by advertisement in one
or more newspapers published in the coun-
! ty where such condemnation may be made
but if the articles condemned be perisha-
| bic in their character, then the notice may
be shorter than twenty days at the dis
cretion of the Justice, and by such other
notice as he may deem expedient, to the
highest bidder therefor, for cash, and the
proceeds of such sale or sales after deduct
ing all the necessary and legal expenses
of seizure, condemnation and sale, shall
be divided as follows to wit; one-fourth
to the officer making the seizure, onehalf
of the balance to those aiding the officer
to make such seizure, and the residue
shall be paid to the State of Maryland !;
provided that if such seizure shall be
made by the officers and crew of the po-
lice force of the State, hereinafter rrcvi-
ded for, then such portion as would &C
crue to them under the provisions of this
section shall be paid into the Treasury of
this State


Sec 19 And be it enacted, That any
party or parties, against whom any JUS
tice of the Peace may render Judgment
under this Article, either to pay a fine or
of condemnation of property, may at any
time within ten days from the rendition
of such Judgment appeal from such judg-
ment to the Circuit Court for any county,
wherein the same may have been render
cd but no execution or sale shall be stay
ed, unless the party appealing shall give
bond with surety to the State Of Mary
| land, in double the value of the property
condemned, or of the fine imposed, as the
case may be, said security or securities to
be resident or residents of the county in
which the Justice resides, and who shall
swear or affirm that he or they are worth
double the amount of the property con-
demncd, and becomes surety for the same
with condition to prosecute such appeal
With effect, and to pay the value of the
property condemned, and fine imposed,
and all costs attending such proceeding
in case such judgment shall be confirmed
and in all eases appeal either party shall
be entitled to trial by jury.


Sec. 10 And be it enacted, Tha. when
ever any offensc is committed under any
of the provisions of this Article, within
the waters of the State, but not within
the limits of any county, then any JUS
tice of the Peace or the Circuit Court for
any county, as the case may be, most con-
venient of access, from the place where
the cffense may be committed, shall have
jurisdiction thereof; and all proceedings,
whether before Justice of the Peace, or
before the Circuit Court for any county.
shall be in the name of the State, and If
the party or parties accused shall be ac-
quilted, the Comptroller of the State shall
pay the cost ont of the fund created by
this Article


See 90 And be it enacted, That any
boat or vessel, owned either wholly or in
part by any nonresident of this State,
which may be used or employed by any
resident or nonresident of this State in
taking or catching oysters, in any of the
waters of this State, with scoop, sCrarc,
drag or dredge, shall be liable to seizure
and forfeiture, and upon conviction there
of by any Justice of the Peace, or III any
Circuit Court of any county, or the Court
of Common Pleas of the city of Baltimore,
shall be condemned to be sold III the same
manner and upon the same terms. and the
proceeds of such sale or sales shall be dis
posed of as hereinbefore provided IN sec
! ton seventeen of this Article.


Sec. IL And be it enacted, That it
shall be the duty of any sheriff consta-
ble or other officer, created under this
/ Article. with or without warrant, to
arrest any person or persons, and TO
seize and take into custody any canoe
boat or vessel, whenever and whcr-
ever such person or persons. canoe, boat or
vessel shall be found violating or being
used in violating, any of the provisions OF
this Article, and bring the offender or often
ders before the Justice of the Peace or
Judge of Circuit Court most conYe-
nient or accessible to be dealt with as here
in provided.


See. -! And be it enacted, That it
shall be the duty Of the officer in charge
Of the Oyster Police of the State, here
matter provided for to cause the vessel
under his command to cruise daily Gun
less the condition Of said vessel or the
inclemency Of the weathsr prevcnt) in
any of the waters of this State, to over
haul and examine the licenses of all
boats or vessels engaged IN taking or
catching oysters in the State, aud to
arrest all persons who may Be found Vi
ola,ins, or who may have been guilty
of any violation cf amy of the rrnvls-
iop. Of this. Article and 10 seize al boats OF
vessels, together with their tackle and
furniture, which may be found on board
such boats or vessels 81 engaged, used
or clnpluyed in violating said provisions,
al l.. :4:l ef - commissioned. s,.,>a