2252 ARTICLE 72.

at the trial, and the said vessel shall be held and safely kept at the cost
of the party charged or of the said vessel, as the case may be; and in case
the master, owner or other person in charge of said vessel shall or shall
not be arrested, then the vessel used in violation of the provisions of this
article shall be seized and the charge against the same shall be heard by
the said judge or justice of the peace and she shall be dealt with as here-
inafter provided; and if the said master, owner or other person in charge
of said vessel shall not appear after giving bail, as hereinbefore provided,
then in either case the judge or justice of the peace may proceed to hear
the case and determine whether or not the said vessel has been employed
in violation of any of said sections; and any vessel so employed is 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, appurtenances, boats, sails and rigging; and he shall au-
thorize and direct any sheriff or deputy sheriff to sell said 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 27; 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 ap-
peal 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 here-
under may file a petition and the court, if the interests of justice will per-