1500

for a hearing, and said justice of the peace shall either give the case an
immediate hearing, or at' the instance of the party shall appoint some
early day, within the next five days thereafter, to hear the case, the party

charged giving such good and sufficient bail as said justice shall require
for his attendance; and on conviction of the offenders, the said justice
shall decree a forfeiture of the canoe, boat or vessel, together with all
the tackle and apparel, and order the same to be sold by the officer making
the arrest, who shall sell the same, on five days' notice, to the highest
bidder, subject to an appeal to the Circuit Court for Calvert County;

and after the payment of all the expense attending the arrest and prosecu-
tion of the suit, he shall retain one-fourth of the balance himself, distrib-
uting one-fourth among the parties assisting in making the arrest, and
pay over the remaining one-half to the school fund of the county, to be
used in the repair of old and the erection of new public school-houses.

P. L. L., 1888, Art. 5, sec. 102. 1882, ch. 374.

227. It shall not be lawful for any person to take or catch oysters in
water less than sixteen feet deep for any purpose, in any manner, or
with any instrument whatever, in the waters of the Patuxent River, from
the first day of May to the first day of September in each year; provided,
however, that this section shall not be construed to prohibit the citizens of
Calvert County or St. Mary's County from taking from the waters thereof
oysters for private use.

See Art. 72, secs. 55 and 57.

P. L. L., 1888, Art 5, sec. 103. 1878, ch. 471.

228. Upon information given upon oath to any justice of the peace in

and for said counties of any violation of the provisions of the preceding
section, he shall issue his warrant for the arrest of the offender and the

seizure of the canoe or boat in his possession or used in the commission
of the offense, together with the tackle, instruments, and all things on
board at the time of the commission of the offense, which warrant shall
be directed to the sheriff or any constable of the county, and shall be

returnable in five days from the issuing thereof.

P. L. L., 1888, Art. 5, sec. 104. 1878, ch. 471.

229. The justice of the peace before whom such warrant ia returnable,
shall, upon the return thereof, docket a case in the name of the State
against the person arrested and the property seized by virtue of said war-
rant; and if upon trial the said person is found guilty of violating Section
227, he shall render judgment, either imposing a fine upon each person
so guilty, of not less than twenty-five dollars or more than one hundred
dollars, or condemning the canoe or boat in possession of the offender, or
used in the commission of the offense, together with all the tackle, instru-
ments, and all things on board at the time of the commission of the offense,
or used or employed in the commission thereof, to be sold at Public auc-
tion for cash by the sheriff or constable seizing the same, after ten days'
notice given publicly of the time, place, manner and terms of sale, set