1040 OYSTERS—DREDGING—CONDEMNATION. [ART. 72.

the oyster fund, unless a part thereof be remitted as provided for
in section 6; provided, that the owner, or any other person having
any mortgage or any other lien on the said vessel, shall in all such
cases have the right of appeal to the circuit court at any time
within sixty days after judgment rendered; and upon the trial of
said appeal the court shall have the right to amend the warrant or
any of the proceedings before the justice of the peace, so as to
bring the case to trial upon its merits, provided that no new offence
shall be charged; and in case such an amendment shall
work a surprise to defendant, he shall have further time to pre-
pare for trial; and the rules governing amendments in cases,
originating in the said court shall govern such amendments so far
as they are applicable; and upon bond in an amount equal to the
value of the said vessel being given by the person praying the
appeal, satisfactory to said justice, the said vessel may be released
pending the said appeal; and in any case in which the owner
may apply to the conrt having jurisdiction, and shall show that,
the unlawful employment of said vessel was without his sanction
or authority, the said conrt may order the proceeds of said vessel
to be returned to him, or to any person having a lien on said
vessel, and may distribute the funds according to the priority of
the several claims and liens; and any person having a lien may
file a petition, and the court, if the interests of justice will permit,
may allow him a portion of said proceeds; but in all such cases,
the court shall retain a sufficient sum to pay costs, charges,
expenses, and a reasonable and proper equivalent to a fine; and.
amendments shall be allowed as hereinbefore provided, in all casss
of appeal from the judgment of justices of the peace in cases
where a violation of any local oyster law or laws is charged.
Willing v. Bozman, 52 Md 44.

1886, ch. 296, sec. 12.

11. Any boat, owned wholly or in part by any non-resident,
used in catching oysters in this State with scoop, dredge or simi-
lar instrument, is hereby declared to be forfeited, and shall be
condemned by order of any judge of the circuit court nearest the
place of her capture, or if captured in Baltimore city, by order of
the city court, and shall be sold by the sheriff of the county
where condemned, or if condemned in Baltimore city, by the