ART. 72.] OYSTERS—CATCHING IN POTOMAC. 1057

1884, ch 76, sec. 4.

48. All offences committed against the provisions of sections
45, 46 and 47, by persons not citizens and residents as aforesaid
of either State, may be punished by any of the justices of the peace
or courts of either State having criminal jurisdiction; all offences
committed by citizens of either State shall be punished by any of
the justices of the peace or courts of the State of which they are
citizens having criminal jurisdiction; the authorities of either
State shall have the right to examine into the right of any person
taking oysters in the Potomac river; and all persons taking oysters
in the Potomac shall exhibit their authority for so doing whenever
required by the police or other legal authority of either State;
the legal authorities of either State shal have the right to arrest
any offender against said sections in the Potomac river, and to
pursue such offender beyond the boundary line of either State
upon navigable waters, and arrest him wherever found upon
such waters.

Ibid. sec. 5.

49. The penalties imposed by sections 45, 46 and 47, shall be
recovered before any justice of the peace of either State, in any
county of either State, with the right to the State or the de-
fendant to appeal to the circuit court for the county in which
such cause has been tried, or to the criminal court of Bal-
timore, if tried in Baltimore city, or to the hustings court of
the city, if tried in a city of Virginia; the parties and vessels
charged may be arrested without warrant, and carried before any
justice of the peace; the justice shall cause a guard to be put
upon the vessel, and the parties charged to be confined in jail or
bailed; upon conviction, the offender shall be committed to jail
until the fine is paid, and the vessel shall be sold at public
auction by the sheriff of the county or city, for cash, after ten
days' notice; in case of appeal, the appellant shall remain in
custody, and the vessel shall be sold as above provided, unlesa
recognizance be entered into for double the amount of the fine
and double the value of the vessel, conditioned for the perform-
ance of the final judgment of the court; upon such recognizance
being given, the party convicted and the vessel shall be dis-
charged.

87