2336

LAWS OF MARYLAND.— 1839.
to be forfeited, be, and the same are hereby repealed ; and that

Mode to be
purused
towards
violators.

from and after the passage of this act, it shall be the duty of all
sheriffs, deputy sheriffs, justices of the peace, and constables,
to whose knowledge any offence or offences against the said act
of eighteen hundred and twenty-four, shall or may come, either
by information on oath or by personal observation, immediately
to arrest or cause to be arrested the offender or offenders, and
carry or cause to be carried, said offender or offenders before
some justice of the peace, and in case the offence or offences
shall or may consist in a violation of the provisions of the first
section of said act, immediately to seize and impound, or cause
to be seized and impounded, the property declared by said act
to be forfeited, and the same to keep safely, or cause to be kept
safely, till condemnation thereof is made as herein after pro-
vided.

Penalty.

SEC. 2. Be it further enacted, That on the conviction of any
person or persons of any offence or offences against the provi-
sions of said act of eighteen hundred and twenty-four, before
a single justice of the peace, said offender or offenders shall by
the said justice of the peace, for the first offence be fined not
less than five or more than twenty dollars, and stand committed
to the county jail till said fine and the costs thereof are paid,
Unless the party accused shall give bail for his appearance at
the next county court ; and the said judgment shall be enforced
by execution from the county court, unless the said court shall
reverse said Judgment ; and for the second offence to be fined as
aforesaid, and imprisoned in the jail of the county where said
offence shall or may have been committed, for not less than ten
or more than thirty days, unless bail be given as aforesaid ; and
in case said offence or offences shall consist in a violation of the
first section of said act of eighteen hundred and twenty-four,
it shall be the duty of the justice of the peace before whom
said offender or offenders shall or may be convicted, or before
whom any warrant issued for the arrest of such offender or
offenders shall or may be returned non est, to enter a judgment
of condemnation against the property declared by said act to be
forfeited, and issue a warrant in the nature of a writ of fieri
facias, directed to some constable, or to the sheriff of the county
in which said offence or offences shall or may have been com-
mitted, commanding him to sell said property ; and on the re-
ceipt of said warrant it shall be the duty of, the sheriff or con-
stable to whom it is directed, to advertise and sell said property
in the same manner as if he were executing an ordinary fieri
facias, and apply the proceeds thereof in the manner pointed

Proviso.

out by said act of eighteen hundred and twenty-four ; Pro-
vided also, the defendant shall have a right to appeal at any
time before the sale of the said property, to warrant when all