ODEN BOWIE, ESQUIRE, GOVERNOR. 653
in case such judgment shall be affirmed; and in
all cases of appeal either party shall be entitled to
trial by jury.
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Sec. 19. And be it enacted, That whenever any
offence is committed under any of the provisions
of this Article, within the waters of the State, but
not within the limits of any county, then any
Justice of the Peace or Judge of the Circuit Court
for any county, as the case may be, most con-
venient of access from the place where the offense
may be committed, shall have jurisdiction thereof,
and all proceedings, whether before a Justice of
the Peace or before a Judge of the Circuit Court
for any county, shall be in the name of the State,
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Jurisdiction.
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and if the party or parties accused shall be ac-
quitted, the Comptroller of the State shall pay
the cost out of the fund created by this Article.
Sec. 20. And be it enacted, That any boat or
vessel, owned either wholly or in part by any non-
resident of this State, which may be used or em-
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Costs.
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ployed by any resident or non-resident of this
State in taking or catching Oysters in any of the
waters of this State, with scoop, scrape, drag or
dredge or of any similar instrument, shall be
liable to seizure and forfeiture, and upon convic-
tion thereof by any Justice of the Peace or Judge
of the Circuit Court for any county, or the Court
of Common Pleas of the City of Baltimore, shall
be condemned to be sold in the same manner and
upon the same terms, and the proceeds of such
sale or sales shall be disposed of as hereinbefore
provided in section seventeen of this Article.
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Non-Resident
owner.
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Sec. 21. And be it enacted, That it shall he the
duty of any Sheriff, Constable or other officer,
created under this Article, with or without war-
rant, to arrest any person or persons, and to seize
and take into custody any canoe, boat or vessel
whenever and wherever such person or persons,
canoe, boat or vessel shall be found violating, or
being used in violating, any of the provisions of
this Article, and bring the offender or offenders
before the Justice of the Peace or Judge of a Cir-
cuit Court, most convenient or accessible, to be
dealt with as herein provided.
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Sheriff or Con-
stable to arrest
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Sec. 22. And be it enacted, That it shall be the
duty of the officer in charge of the Oyster Police
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Oyster Police.
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