JAMES THOMAS, ESQUIRE, GOVERNOR. 1833.

such boat or vessel, shall be considered prima facia evi- dence of guilt, and after a full investigation of the	CHAP. 254.
case, if the justice shall think the charge groundless, he Shall immediately discharge the said boatmen, and restore to them the boat or vessel seized by the sheriff, and all	If innocent
things belonging to her, but if he shall be of opinion, that oysters have been taken and caught in contravention	If guilty
to this act, he shall impose fines not exceeding five dollars on each of the boatmen engaged therein, and shall com- mit them to the jail of the county, in the event of not pay- ing their fines thus imposed, and the finding of the boat- men shall be final as to them; and he shall judge and con-	Fine $5
demn as forfeited, the boat or vessel in possession of the sheriff, together with her papers, furniture, tackel and ap- parel, and all things on board of her at the time of her seizure, and pronounce the same to be the property of the state.	Forfeit boat, &c
Sec. 3, And be it enacted, That if the boatmen of the condemned boat or vessel or any of them, shall think him or themselves aggrieved by such condemnation, he or they Shall be at liberty to appeal from the judgment of the jus- tice of the peace, at any time within ten days from the ren- dition thereof, to the next county court of the county wherein said judgment may have been rendered, the justi- ces of which are hereby empowered and directed upon the petition of the applicant or applicants, in a summary way,	Appeal Provided
and without any unnecessary delay, to hear thi allegations and proofs in the case, and to affirm or reverse the justices' judgment of condemnation, as to them may seem right, and in case of affirmance, to adjudge to the state the costs incured in defending the said appeal, and it shall be in the election of the said appellant or appellants, to have a decision of the appeal in a summary way by the justices, or a trial by jury before the said county court.	Summary healing
Sec. 4. And be it enacted, That proceedings on the judgment of the justice of the peace, shall not be stayed by any appeal, unless the appellant or appellants, within ten days after the rendition of the judgment, shall en- ter into an appeal bond to the state with two sufficient se- curities, to be approved of by the said justice, in a penal sum, of double the amount in value of the boat or vessel, and property seized, to be estimated by the said justice, conditioned to prosecute with effect, his or their appeal, to the next county court of the county, where the proceed- ings before the justice, shall have been had; and it shall be	Appeal bond requi- red.