ART. 71.] OYSTEBS. 477

his warrant for the arrest of the offenders and the seizure of the
vessel, which warrant shall be directed to the sheriff or constable
of the county, or any military officer.

6. Upon the arrest of the offenders, they shall be carried
before a justice of the peace and tried, and if found guilty, shall
pay a fine of not less than five nor more than fifty dollars.

7. On seizure of the vessel, the officer seizing the same shall
immediately give notice thereof to the justice of the peace who
issued the warrant for the seizure, or some other justice of the
county, who shall immediately fix a day for trial, not less than
ten days thereafter, and if it shall appear in proof on the trial
that the owner, master or person in possession of said vessel has
been guilty of violating any of the provisions of the three first
sections of this article, then the said vessel, her tackle, apparel
and every thing on board of her at the time of seizure, shall be
condemned and adjudged to be sold.

8. If the person on board any canoe, boat or other vessel shall
fly to avoid an arrest, the- officer having the warrant for the
arrest shall seize such boat or vessel, and the same proceedings
shall be had as directed in cases of seizure under the preceding
section.

9. All vessels or other property condemned under the pro-
visions of this article shall be sold by the sheriff or other officer
making the seizure on ten days' notice, and the proceeds of sale,
after deducting the expenses thereof, shall be divided as follows:
One fourth to the officer making the seizure, and the residue
divided equally among the persons who aided him in making
such seizure.

10. Any sheriff or other officer may summon the posse comi-
tatus, to aid him in making any arrest or seizure authorized by
this article, and may for that purpose also press, at the expense
of the State, any steam boat or other vessel belonging to any
citizen of this State not actually engaged in carrying the United
States Mail.

11. Ho person shall catch or take oysters from the creeks or
rivers within the limits of the counties in this State with tongs,
rakes or any instrument whatever, unless the party so catching
or taking the same shall be at the time thereof a resident of the