1960

LAWS OF MARYLAND.— 1837.

Case of

or in case of refusal by the offender to surrender his gun as re-

refusal.

quired, it shall be the duty of the justice of the peace or magis-

trates' court, to commit said offender to the public jail of the

county where such conviction shall -take place, there to remain

until he shall pay, or cause to be paid, to the sheriff or justice

of the peace, or magistrates' court of such county, the said fine.

Sale of for-

SEC. 3. And be it enacted, That all fines recovered under the

feited gun,

&C.

provisions of this act, and the proceeds of the sale of any such

forfeited guns, shall be paid over by the sheriff, justice of the

peace, or magistrates' court, who may receive the same, to the

Disposition

levy court or commissioners of the tax of said county, one-half

of proceeds.

to be by them paid over to the informer, and the other half, after

deducting the expenses of prosecution and imprisonment, to be

paid over to the commissioners, or other persons authorized to

receive the free school funds for said county, to be applied by

Limit of

them as a part of said fund ; Provided, that the imprisonment

period.

of any person so convicted and refusing to pay or surrender his

gun as aforesaid, shall not be longer than ninety days.

Appeal

SEC. 4. And be it enacted, That if any person so accused as

provided.

aforesaid, shall consider himself aggrieved by the judgment of

the justice of the peace or magistrates' court, he shall have the

privilege of appeal from the judgment of said justice of the

peace or magistrates' court, at the next term succeeding said

judgment, on entering into recognizance to the state, with such

security as the justice of the peace or magistrates' court, before

whom the same may have been heard and determined, may

require for his appearance at said term, and upon his appear-

Proceeding!

, ance the said county court, unless there be good cause for con-

directed.

tinuance, shall take up and try the case at said term, and if the

party so appearing before the said court, shall be convicted of a

violation of this act, the said court shall in all respects affirm

the judgment of the justice of the peace or magistrates' court,

and the person convicted shall suffer accordingly.

State's

SEC. 6. And be it enacted, That from and after the passage

warrant to

of this act, jn all cases of a violation of any of its provisions, it

issue.

shall be the duty of such justice of the peace or magistrates'

court, as shall be applied to for that purpose, forthwith to issue

a warrant in the name of the state of Maryland, against any

person charged with the violation of said act, in the same man-

Oath

ner as state warrants are now issued ; Provided, that the party

retired.

applying for such warrant shall make oath before some justice

of the peace or magistrates' court, that of his or her own know-

ledge, or that he or she is informed and verily believes the per-

son so charged has been guilty of the violation of this act.

Repealing

SEC. 6. And be it enacted, That all acts or parts of acts in-

clause

consistent with, or repugnant to, the provisions of this act, be,

and the same are hereby repealed.