ART. 71.] OYSTERS.

111

land, in double the value of the property condemned
or of the fine imposed, as the case may be; the surety
or sureties to be a resident or residents of the county
in which the said judgment was rendered, and who
shall swear or affirm that he or they are worth double
the value of the property condemned or of the fine
imposed, as the case may be, with condition to prose-
cute such appeal with effect, and to pay the value of
the property condemned or fine imposed, and all costs
attending such proceedings, in case such judgment
shall be affirmed; and in all cases of appeal either
party shall be entitled to trial by jury.

18. Whenever any offence 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 judge of the circuit court
for any county, as the case may be, most convenient of
access from the place where the offense may be com-

Ibid. s. 19.
Jurisdiction.

mitted, shall have jurisdiction thereof, and all proceed-
ings, whether before a justice of the peace or before a
judge of the circuit court for any county, shall be in the
name of the state, and if the party or parties accused
shall be acquitted, the comptroller of the state shall
pay the cost out of the fund created by this article.
19. Any boat or vessel, owned either wholly or in

Proceedings.

part by any non-resident of this state, which may be
used or employed by any resident or non-resident of
this state in taking or catching oysters in any of the
waters of this state, with scoop, scrape, drag or dredge
or of any similar instrument, shall be liable to seizure
and forfeiture, .and upon conviction thereof by any
justice of the peace or judge of the circuit court for
any county, or the court of common pleas of the city
of Baltimore, shall be condemned to be sold in the

Ibid s 20
Seizure of boats
of non-resi-
dents.

same manner and upon the same terms, and the pro-
ceeds of such sale or sales shall be disposed of as here-
inbefore provided in section seventeen [s. 16] of this
article.

Sale.

20. It shall be the duty of any sheriff, constable or
other officer, created under this article, with or without

Ibid. s. 21.