ART. 71.] OYSTERS.

cognizance of the same and docket a case or cases in
the name of the state against such person or persons
and the said boat or vessel, and the said justice or
judge shall proceed to try the same and render judg-
ment as provided for in this article.

113

23. It shall be the duty of the officer alluded to in
section twenty-two [s. 21] of this article, to return
to the commissioners of the oyster police force, at the
expiration of every two months, a full and particular
account of his proceedings.

Ibid. 8. 24.
Returns to
commission-
ers of oyster
police.

24. In all cases arising under this article, the justice
of the peace or judge before whom any person or per-
sons may be brought, shall proceed to docket a case or
cases in the name of the state against the person or
persons so charged, and the boat or vessel employed
or used, and shall proceed immediately to try the
same, unless the party or parties so charged shall
state upon oath, that further time is necessary to
enable him or them to prepare for his or their de-
fence, and to procure attendance of witnesses, in which
case the said justice or judge shall appoint a certain
day for the trial of the same, and shall cause the said

Ibid s.25.
Proceedings
befoie justice.

party or parties to enter into recognizance with sure-
ties, approved by said justice or judge, in a sum not
less than five hundred dollars, for his or their appear-
ance ou said day; said surety or sureties to be resi-
dent or residents of the county in which the case is
tried, and shall swear or affirm that he or they are
worth double the amount of the recognizance required,

Recognizance.

and in default thereof, may commit the said party or
parties to jail ; and if, upon said trial, it shall appear
to the satisfaction of said justice or judge, 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 or judge shall

Commitment.

render a 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 par-
tics at his discretion, as hereinbefore provided.

Judgment of
condemnation.