110

OYSTERS. s [ART. 71.

cle nineteen of the code of public local laws for
Somerset county, relating to oysters.

Ibid. s. 17.
Property con-
demned to be
aold.

16. All boats, vessels or other property condemned
under the provisions of this article, shall be sold by
the sheriff of the county wherein such .boat, vessel or
other property may have been condemned, at public
sale, to the highest bidder for cash, after giving twenty

Notice.

days notice of the time and place of such sale, by
advertisement in one or more newspapers published
in said county; 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 of the peace or judge, and by such other no-

Proviso.

tice as he may deem expedient; provided, such sale
shall not be made at a price less than one-quarter of
the cash value of said boat, vessel or other property ;
said valuation to be ascertained by three appraisers,
to be appointed and sworn by said sheriff, and who
are not interested in said property ; and the proceeds
of such sale or sales, after deducting all the necessary
and legal expenses of seizure, condemnation and sales,

Division of
proceeds.

shall 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 shall be paid into the treasury of the state;

Proviso.

and provided, further, that if such seizure shall be
made by the officers and crew of the oyster police
force of the state, hereinafter provided for, then such
portion as would accrue to them under the provi-
sions of this section, shall be paid into the treasury
of the state.

Ibid. s. 18.

17. Any party or parties against whom any justice
of the peace or judge may render a judgment under
this article, either to pay a fine or of condemnation of
property, may, at any time within forty days from the

Appeal

rendition of said judgment, appeal from such judgment
to the circuit court for the county wherein the same
may have been rendered; but no execution or sale
shall be stayed unless the party appealing shall give

Bond

bond, with surety or sureties, to the state of Mary-