GEORGE HOWARD, ESQ. GOVERNOR.

1831.

of the county in which he resides, for the apprehension of

CHAP. 840.

such person or persons; and if such person or persons upon
apprehension, being brought before the justice of the peace

Case of conviction

and non-payment

shall stand convict, such person or persons shall incur the

penalty prescribed for such offence, and if in the lapse of

five days thereafter, such penalty be not paid, the boat or

Vessel to he sold.

boats in which such person or persons shall have been found,

shall be sold, after ten days notice, set up at two of the most

public places in the neighborhood where the said boat or

boats shall have been taken, by the officer apprehending the

same, and the proceeds arising from such sale after deduct-

Proceeds applied.

ing the penalty and officers fees, shall be paid to the owner

or owners of the said boat or boats; Provided nevertheless,

Proviso

if any person or persons belonging to or being on board of

the said boat or boats, shall offer resistance to the said

sheriff or constable in the apprehension of such person or

persons, the proceeds of such sale made as aforesaid, after

deducting the penalty and the officers fees as foresaid, shall

be paid by the said officers to the commissioners of the

school fund, to be applied to the use of the common schools

of the said county where the proceedings shall have been

had.

Sec. 5. And be it enacted, That if resistance be made to

Case of resistance

or apprehended by the officer directed as aforesaid to ex-

ecute the law, by any person or persons offending against

the same, it shall then be the duty of said officer to summon

the posse comitatus, armed with fire arms, ball, shot and

Posse commitatus

powder, and charter a vessel at the expence of the county

from which the warrant to such officer shall issue, and pro-

ceed therewith, without delay, to execute his duty under

such warrant, and if resistance be made, beside the penalty

prescribed in the foregoing section, the person or persons

Additional penal-
ty

so resisting, may be sentenced by the said Justice of the

Peace, to confinement in the jail of said county, for a period of

not less than twenty, nor more than sixty days; Provided

Proviso.

nevertheless, the said owner or owners, or any person con-

cerned, may appeal irom the decision of the said justice, by

giving bond, in the penal sum of two hundred dollars, con-

ditioned for the prosecution of the said appeal with effect to

the next court of the county in which he or they shall be en-

titled to a trial by jury; the said appeal as aforesaid, shall

supersede the sentence for confinement; and when the offi-

cer shall find it necessary to summon the posse, upon the ap-

prehension and conviction of the party against whom a war-

rant shall issue, the proceeds arising, shall be applied as

prescribed in the third section of this act, after deducting

the whole expense incurred in the apprehension of the of-
fender.