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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1124   View pdf image (33K)
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1134

LAWS OF MARYLAND.— 1833.

 

boatmen engaged therein, and shall commit them to the jail of
the county, in the event of not paying their fines thus imposed,
and the finding of the boatmen shall be final as to them ; and

Forfeit boat
Sec.

he shall judge and condemn as forfeited, the boat or vessel ia
possession of the sheriff, together with her papers, furniture,
tackle and apparel, and all things on board of her at the time of
her seizure, and pronounce the same to be the property of the
state.

Appeal
provided.

SEC. 3. And be it enacted, That if the boatmen of the con-
demned boat or vessel or any of them, shall think him or them-
selves aggrieved by such condemnation, he or they shall be at
liberty to appeal from the judgment of the justice of the peace,
at any lime within ten days from the rendition thereof, to the
next county court of the county wherein said judgment may
have been rendered, the justices of which are hereby empowered
and directed upon the petition of the applicant or applicants, in

Summary
hearing.

a summary way, and without any unnecessary delay, to hear
the allegations and proofs in the case, and to affirm or reverse
the justices' judgment of condemnation, as to them may seem
right, and in case of affirmance, to adjudge to the state the costs
incurred in defending the said appeal, and it shall be in the elec-
tion of the said appellant or appellants, to have a decision of the
appeal in a summary way by the justices, or a trial by jury
before the said county court.

Appeal
bond re-
quired.

SEC. 4. And be it enacted, That proceedings on the judgment
of the justice of the peace, shall not be stayed by any appeal,
unless the appellant or appellants, within ten days after the
rendition of the judgment, shall enter into an appeal bond to the
state with two sufficient securities, to be approved of by the said
justice, in a penal sum of double the amount in value of the
boat or vessel, and property seized, to be estimated by the said
justice, conditioned to prosecute with effect, his or their appeal,
to the next county court of the county where the proceedings
before the justice shall have been had ; and it shall be the duty
of the justice taking the said appeal bond, immediately to lodge
the same with the clerk of the county court of his county, that
suit or suits may be brought by the attorney-general or his de-
puties, in case of a forfeiture of the same for the use of the
state, which suitor suits may be prosecuted, on a certified copy
thereof, under the hand and seal of the said clerk, in any of the
courts of this slate.

Sell the
boat, &c.

SEC. 5. And be it enacted, That if within ten days from the
rendition of the judgment, no appeal bond is accepted by the
justice of the peace, to arrest further proceedings on the said
judgment, it shall be the duty of the sheriff, after having given
ten days notice by public advertisement, to sell to the best ad-
vantage for cash, for the benefit of the state, the boat or vessel

 

 

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Please view image to verify text. To report an error, please contact us.
Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1124   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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