ART. 72] DEEDGING. 1569

the said vessel has been employed in violation of any of said sections;
and any vessel so employed ia hereby declared to be forfeited; and in
case the said judge or justice shall find the vessel has been so unlawfully
employed, then he shall declare the same to be forfeited and shall so
enter upon his docket, together with all her tackle, apparel, appurte-
nances, boats, sails and rigging; and he shall authorize and direct any
sheriff or deputy sheriff to sell aaid vessel, together with all the apparel,
tackle, boats and other things belonging thereto, at public auction to
the highest bidder for cash, after giving at least twenty days' notice of
the time and place of said sale printed in some newspaper published in
the county in which the case may be tried; and the said officer shall be
allowed the actual expenses of seizure, sale and keeping of said vessel
and poundage fees, and the proceeds of said sale shall be first applied
to the payment of all the costs, charges and expenses of the seizure, trial
and sale of said vessel, and the balance of said proceeds, if any, shall
be paid to the clerk of the court as herein provided, and by him to the
comptroller to the credit of the oyster fund, unless a part thereof be
remitted, as provided by section 25; provided, that the owner or any
other person having any mortgage or any other lien on the said vessel
shall in all such cases have the right of appeal to the circuit court at
any time within sixty days after judgment rendered, and upon the trial
of said appeal the court shall have the right to amend the warrant or
any of the proceedings before the justice of the peace so as to bring the
case to trial upon its merits; provided, that no new offense shall be
charged; and in case such an amendment shall work a surprise to
defendant he shall have further time to prepare for trial, and the rules
governing amendments in cases originating in the said court shall
govern such amendments so far as they are applicable, and upon bond
in an amount equal to the value of said vessel being given by the person
praying the appeal satisfactory to said justice the said vessel may be
released pending the said appeal. Any person or persons offering to
stand bail for any person or persons charged under the provisions of
this article shall be sworn by the judge or justice of the peace trying
the same as to his actual worth in unincumbered real estate, and if he
swears falsely, upon proof of the same before any court of competent
jurisdiction, shall be deemed guilty of perjury and subject to all the
pains and penalties of the same; the judge or justice, before the party
is sworn, shall acquaint him or her with the pains and penalties of false
swearing. Any person having a lien upon any vessel seized hereunder
may file a petition and the court, if the interests of justice will permit,
may allow him a portion of said proceeds, but in all such cases the
court shall retain a sufficient sum to pay costs, charges, expenses and a
reasonable and proper equivalent to a fine, and amendment to the forms
and procedure shall be allowed, as hereinbefore provided, in all cases
of appeal from the judgment of justices of the peace.

The act of 1833, ch. 254, prohibiting the taking or catching of oysters In
any of the waters of the state with a scoop or drag, etc., and providing as
a penalty, for the forfeiture to the state of the boat or vessel so employed,
held not to be in conflict with the federal constitution, although applied to