ART. 72] POTOMAC. 1585

1904, art. 72, sec. 63. 1894, ch. 380, sec. 55.

65. The penalties imposed by sections 60, 62 and 63 shall be recov-
ered before any justice of the peace of either State in any county of
either State, with the right to the State or the defendant to appeal to
the circuit court for the county in which such cause has been tried, or
to the criminal court of Baltimore, if tried in Baltimore city, or in the
Hustings court of the city, if tried in a city of Virginia; the parties
and vessels charged may be arrested without warrant and carried before
any justice of the peace; the justice shall cause a guard to be put upon
the vessel and the parties charged to be confined in j ail or bailed; upon
conviction the offender shall be committed to jail until the fine is paid
and the vessel shall be sold at public auction by the sheriff of the county
or city for cash after ten days' notice; in case of appeal the appellant
shall remain in custody and the vessel shall be sold as above provided,
unless recognizance be entered into for double the amount of the fine
and double the value of the vessel conditioned for the performance of
the final judgment of the court; upon such recognizance being given,
the party convicted and the vessel shall be discharged.

Ibid. sec. 65. 1904, ch. 341, sec. 55 B.

66. Any person found guilty of violating any of the provisions of
this article relating to culling or of violating the preceding section, and
who shall have committed such offense upon the waters of the Potomac
river, shall not be subject to the penalties prescribed by section 11 of
the article, but in lieu thereof shall be fined not less than twenty-five
dollars nor more than five hundred dollars, and shall in addition be
adjudged to have the cargo of oysters found not to be within the require-
ments of this article relating to culling confiscated and placed back upon
the bottoms from which they were taken. It shall be the duty of the
inspector or other officer to have such oysters placed upon the said
bottoms.

Ibid. sec. 66. 1904. ch. 341, secs. 3 and 4.

67. The provisions of sections 62, 64 and 66 of this article shall
take effect from the date of taking effect in the State of Virginia of an
act embodying the provisions of said sections as enacted by said sec-
tions, and of an act applicable to the waters of the Potomac river
embodying the provisions of sections 8, 9, 11, 12 and 13 of this article,
as heretofore enacted by the general assembly of Maryland; provided,
that a different arrangement or form in which these provisions shall
be enacted by the State of Virginia, or a difference in the penalties pre-
scribed, except in the case of section 66, or a difference in the designa-
tion of any official charged with duty under any provision of said
sections shall not be considered a failure to embody the provisions herein
set forth, and upon the taking effect in the State of Virginia of the