160

OYSTERS. [ART. 71.

them to prepare for his or their defense, and to procure
attendance of witnesses, in which case the said justice
shall point a certain day for the trial of the same, and
shall cause the said party or parties to enter into recog-

Recognizance

nizance with sureties approved by said justice, in a
sum not less than five hundred dollars, for his or their
appearance on said day; said security or securities
to be resident or residents of the county in which
the justice resides, and shall swear or affirm that he
or they are worth double the amount of the recogni-
zance required, and in default thereof may commit

Commitment.

the said party or parties to jail; and if upon said trial
it shall appear to the satisfaction of said justice that
any violation of this article has been committed by the
party or parties, and that said boat or vessel has been
used or employed in said violation of this article or
any of its provisions, the said justice shall render a

Judgment

judgment of condemnation against the said boat or
vessel, her tackle and furniture on board at the time of
her seizure, or fine the said party or parties at his dis-
cretion as hereinbefore provided.

Ibid s. 20.
Taking oysters
on Sunday.

25. It shall be unlawful for any person or persons
licensed under any of the provisions of this article to
take or catch oysters on Sunday, and any person or
persons so offending shall be liable to indictment for a
misdemeanor in any court having criminal jurisdiction
in the state, and upon conviction thereof shall be fined

Penalty.

a sum not less than fifty nor more than two hundred
dollars, or be imprisoned not less than twenty nor
more than sixty days, in the discretion of the judge
trying the same.

Ibid s 27.
All moneys
paid to trea-
surer

26. All moneys arising from the sale of licenses,
or from fines, penalties and forfeitures imposed under
this article, shall, by the comptroller, be paid into the
treasury, and placed to the credit of the oyster fund,

Duty of comp-
troller.

and the comptroller is hereby required to state in his
annual report, particularly, the receipts and expendi-
tures on account of said fund, and the balance standing
to the credit of the state at the time of making such
report.