1028

LAWS OF MARYLAND.— 1831,

Vessel to be

sold.

be not paid, the boat or boats in which such person or persons
shall have been found, shall be sold, after ten days notice, set up
at two of the most public places in the neighbourhood where the
said boat or boats shall have been taken, by the officer appre-

Proceeds
applied.

hending the same, and the proceeds arising from such sale after
deducting the penalty and officers' fees, shall be paid to the owner

Proviso,

or owners of the said boat or boats ; Provided nevertheless, if any
person or persons belonging to or being on board of the said boat
or boats, shall offer resistance to the said sheriff or constable in
the apprehension of such person or persons, the proceeds of such
sale made as aforesaid, after deducting the penalty and the
officers' fees as aforesaid, shall be paid by the said officers to the
commissioners of the school fund, to be applied to the use of the
common schools of the said county where the proceedings shall
have been had.

Case of re-
sistance.

SEC. 5. And be it enacted. That if resistance be made to or
apprehended by the officer directed as aforesaid to execute the
law, by any person or persons offending against the same, it

Posse cotn-
mitatus.

shall then be the duty of said officer to summon the posse comi-
tatus, armed with fire arms, ball, shot and powder, and charter
a vessel at the expense of the county from which the warrant
to such officer shall issue, and proceed therewith, without delay,
to execute his duty under such warrant, and if resistance be

Additional
penalty.

made, beside the penalty prescribed in the foregoing section, the
person or persons so resisting, may be sentenced by the said
justice of the peace, to confinement in the jail of said county,
for a period of not less than twenty, nor more than sixty days ;

Proviso.

Provided nevertheless, the said owner or owners, or any person
concerned, may appeal from the decision of the said justice, by
giving bond, in the penal sum of two hundred dollars, condi-
tioned for the prosecution of the said appeal with effect, to the
next court of the county in which he or they shall be entitled
to a trial by jury ; the said appeal as aforesaid, shall supersede
the sentence for confinement; and when the officer shall find it
necessary to summon the posse, upon the apprehension and
conviction of the party against whom a warrant shall issue, the
proceeds arising, shall be applied as prescribed in the third sec-
tion of this act, after deducting the whole expense incurred in
the apprehension of the offender.

Prima facie
evidence of
guilt.

SEC, 6. And be it enacted, That if any sheriff or constable
to whom warrant shall issue, for the apprehension of any per-
son or persons charged with offending against the first or second
sections of this act, shall, in the discharge of his duty, board
the vessel of the party charged; and if the said officer shall find
on board any boat or boats, the owner or owners whereof has
or have resided in the state of Maryland twelve months imme-
diately preceding, any scoop, drag, or any other instrument used