ART. 71.] OYSTERS.

made, but if the articles condemned be perishable in
their character, then the notice may be shorter than
twenty days at the discretion of the justice, and by
such other notice as he may deem expedient, to the
highest bidder therefor, for cash, and the proceeds of
such sale or sales after deducting all the necessary and
legal expenses of seizure, condemnation and sale, shall

157

be divided as follows, to wit : one-fourth to the officer
making the seizure, one-half of the balance to those
aiding the officer to make such seizure, and the residue

Division of pro-
ceeds.

shall be paid to the state of Maryland; provided, that
if such seizure shall be made by the officers and crew
of the police force of the state, hereinafter provided for,
then such portion as would accrue to them under the
provisions of this section shall be paid into the trea-
sury of this state.

Proviso.

17. Any party or parties, against whom any justice
of the peace may render a judgment under this article,
either to pay a fine or of condemnation of property,
may at any time within ten days from the rendition of
such judgment, appeal from such judgment to the cir-
cuit court for any county, wherein the same may have
been rendered, but no execution or sale shall be stayed,

Ibid s. 18.
Appeal.

unless the party appealing shall give bond with surety
to the state of Maryland, in double the value of the
property condemned, or of the fine imposed, as the case
may be, said security or securities to be resident or
residents of the county in which the justice resides, and
who shall swear or affirm that he or they are worth
double the amount of the property condemned, and
becomes surety for the same, with condition to prose-
cute such appeal with effect, and to pay the value of
the property condemned, and fine imposed, and all
costs attending such proceeding, in case such judgment
shall be confirmed, and in all cases of appeal either
party shall be entitled to trial by jury.

Bond.

18. Whenever any offense is committed under any
of the provisions of this article, within the waters of
the state, but not within the limits of any county, then
any justice of the peace or the circuit court for any
11

Ibid. s. 19.
. Jurisdiction.