LAWS OF MARYLAND.— 1831.

1029

for taking or catching oysters, except tongs or rakes, it shall be
considered prima facia evidence of the violation of the first sec-
tion of this act; and if the said officer shall find on board any
boat or boats, the owner or owners whereof has or have not re-
sided in the state twelve months immediately preceding, the
proof of which residence shall rest upon the defendant or defen-
dants, any oyster scoop, drag, or any other instrument that is
used for the purpose of taking or catching oysters, it shall be
considered prima facie evidence of guilt, by the said justice of

the peace ; and if such party shall deny that he is guilty of
such charge, it shall be the duty of such party to prove his
innocence before the magistrate before whom he shall be
arraigned, otherwise he shall incur the penalty prescribed in
the first, second and third sections of this act.

Proof of in-
nocence
required.

SEC. 7. And be it enacted. That all fines and forfeitures
under this act, shall be recovered before a justice of the peace,
in the same manner that small debts out of court are now reco-
vered.
See 1832, ch. 276.

Recovery
of fines.

SEC. 8. And be it enacted. That in all cases where the owner
or owners of any boat or boats, or any person or persons found
on board the same, shall think him or themselves aggrieved by
the judgment of any justice of the peace, he or they shall be at
liberty to appeal to the next county court, before the justices
thereof, who are hereby, upon the petition of the appellant or
appellants, in a summary way, empowered and directed to hear
the allegations and proofs in the cause, without any unneces-
sary delay ; and the said appellant or appellants may demand a
trial by jury before the court, at his or their election.

Appeal
provided.

SEC. 9. And be it enacted, That no execution upon judgment
to be rendered by any justice of the peace, shall be stayed or
delayed, by any appeal, unless the person or persons appealing,
or some other person in his or their behalf, shall, immediately
upon making such appeal, enter into bond, with two sufficient
securities, approved by the said justice, in double the sum im-
posed as a fine, conditioned, to prosecute his or their appeal
with effect, to the next court of the county, where the proceed-
ings shall have been had.

Appeal
bond
required.

SEC. 10. And be it enacted, That all laws heretofore passed
on this subject, inconsistent with or repugnant to the provisions
of this act, so far as they relate to the eastern shore, be and the
same are hereby repealed.

Repealing
clause.