LAWS OF MARYLAND.— 1833.

1125

in his possession, together with the papers, furniture, tackle and
apparel, and if necessary, to make said sale by notice, in the
city of Baltimore, or elsewhere, and he is hereby directed to
account with the treasurer of his shore, for the proceeds of such
sale, in the same manner he accounts for fines and forfeitures,

and under the same responsibility, stating an account on oath,
with the said treasurer, of all expenses necessarily incurred by
him in the seizure, disposition, and sale of the said property,

Account on
oath.

and paying the balance that remains to the said treasurer, upon
which balance, the treasurer is authorized to allow him a com-
pensation of ten per centum, for his trouble for conducting the
said business, and the said treasurer is further authorized and

Pay trea-
surer.

required to pay over the then remaining balance to the commis-
sioners of the school fund, or to any other officers appointed by
law, or hereafter to be appointed, or to their order, to be by them
paid over in equal proportion [to the trustees of the common
schools, that may be in operation*] in the county, where the
offender shall be arrested and convicted, for the use of said
schools.
* These words in the original, but not in the engrossed bill.

Who shall
pay to the
school
funds of the
county.

SEC. 6. And be it enacted, That if resistance be apprehended
by the sheriff, engaged in the execution of this law, he shall
summon to his aid, the posse comitatus of his county, armed
and equipped as the occasion may require, and shall press into
his service any steamboat, not actually engaged in conveying
the public mail, or other vessel whatever, at the risk and ex-
pense of the state, and proceed therewith without delay, to per-

Posse au-
thorized
press
steamboat.

form his duty, and if resistance be made to the sheriff by the
boatmen of the boat, or vessel, or others in seizing the same,
taking such boatmen, such resistance in the boatmen or others,
shall be deemed a misdemeanor against the laws of this state,

Resistance
a misde-
meanor.

presentable by the grand jury of the county, whose officer is re-
sisted, and punishable in the county court, by fine and imprison-
ment, as other misdemeanors are punished ; and other persons
than boatmen charged with resisting the sheriff, shall be arrested
by him, and carried before the justice, and with the boatmen,
shall be treated by the justice as all other persons charged with
being offenders against the criminal Jaws of this state.

Criminal
proceedings

SEC. 7. And be it enacted, That if any person or persons,
shall obstruct the navigation of any of the creeks or rivers of this
slate, by throwing into the waters thereof, heaps of refuse in the
process of picking the oysters for market, they shall be liable to,
and incur a penalty not exceeding the sum of five dollars for
each and every offence, to be recovered before a justice of the
peace, one-half to go to the informer, and the other half to the
state, and the party offending shall stand committed until the
said fine and all costs be paid.

Penalty for
obstructing
navigation.