1831

LAWS OF MARYLAND

CHAP 249.

Sec. 6 And be it enacted, That if any sheriff or consta-

Prima facia evi-
dence of guilt.

ble to whom warrant shall issue, for the apprehension of any
person or persons charged with offending against the first or
second sections of this act, shall, in the discharge of his du-

ty, board the vessel of the party charged; and if the said

officer shall find on board any boat or boats, the owner or

owners whereof has or have resided in the State of Mary-

land twelve months immediately preceding, any scoop, drag,

or any other instrument used for taking or catching oysters,

except tongs or rakes, it shall be considered prima facie

Proof of innocence

evidence of the violation of the first section of this act; and

required.

if the said officer shall find on board any boat or boats, the

owner or owners whereof has or have not resided in the

State twelve months immediately preceding, the proof of

which residence shall rest upon the defendant or defendants,

any oyster scoop, drag, or any other instrument that is used

for the purpose of taking or catching oysters, it shall be

considered prima facias evidence oi guilt by the said Justice

of the Peace; and if such party shall deny that he is guilty

of such charge, it shall be the duty of such party to prove

his innocence before the magistrate before whom he shall

be arraigned, otherwise he shall incur the penally prescri-

bed in the first, second and third sections of this act.

Recovery of fines.

Sec. 7. And be it enacted, That all fines and forfeitures

under tins act, shall be recovered before a justice of the

peace, in the same manner that small debts out of cqurt are

now recovered.

Appeal provided.

Sec. 8. And be it enacted, That in all cases where the

owner or owners of any boat or boats, or any person or

persons found on board the same, shall think him or them-

selves aggrieved by the judgment of any justice of the peace,

he or they shall be at liberty to appeal to the next county

court, before the justices thereof, who are hereby, upon the

petition of the appellant or appellants, in a summary way,

empowered and directed to hear the allegations and proofs

in the cause, without any unnecessary delay; and the said

appellant or appellants may demand a trial by jury before

the court, at his or their election.

Appeal bond re.

Sec. 9. And be it enacted, That no execution upon judg-

quired.

ment to be rendered by any justice of the peace, shall be

stayed or delayed, by any appeal, unless the person or per-

sans appealing, or some other person in his or their behalf,

shall, immediately upon making such appeal, enter into

bond, with two sufficient securities, approved by the said

justice, in double the sum imposed as a fine, conditioned, to

prosecute his or their appeal with effect, to the next court

of the county, where the proceedings shall haw been had.