ART. 5.] OYSTERS. 613

Battle creek, in Calvert county, except persons who have im-
bedded or planted, or who may hereafter imbed or plant oysters
in said waters.

1870, ch. 188.

100. On information given under oath, of any violation of
the preceding section, to any justice of the peace of Calvert

county, he shall forthwith issue his warrant, directed to the
sheriff or any constable or military officer, requiring either of
them to whom it maybe directed, to'summon the posse comi-
tatus, if necessary, and proceed forthwith to arrest the parties
alleged to have been engaged in violating said section, and to
seize and take possession of any canoe, boat or vessel, together
with all their tackle and apparel, and any article on said boat at
the time belonging to said parties, and used by them in such vio-
lation.

Ibid.

101. The sheriff, constable or military officer making such

arrest shall forthwith bring the offenders before some justice of
the peace of the county for a hearing, and said justice of the
peace shall either give the case an immediate hearing, or at the
instance of the party shall appoint some early day, within the
next five days thereafter, to hear the case, the party charged
giving such good and sufficient bail as said justice shall require
for his attendance; and on conviction of the offenders, the said
justice shall decree a forfeiture of the canoe, boat or vessel,
together with all the tackle and apparel, and order the same to
lie sold by the officer making the arrest, who shall sell the same,
on five days' notice, to the highest bidder, subject to an appeal to
the circuit court for Calvert county; and after the payment of
all the expense attending the arrest and prosecution of the suit,
he shall retain, one-fourth of the balance himself, distributing one-
fourth among the parties assisting in making the arrest, and pay

over the remaining one-half to the school fund of the county, to
be used in the repair of old and the erection of new public
school-houses.

1882, ch. 874.

102. It shall not be lawful for any person to take or catch
oysters in water less than sixteen feet deep for any purpose, in.