614 CALVERT COUNTY. [ART. 5.

any manner, or with any instrument whatever, in the waters of
the Patuxent river, from the first day of May to the first day of
September in each year; provided, however, that this section
shall not be construed to prohibit the citizens of Calvert county or
St. Mary's county from taking from the waters thereof oysters for
private use.

1878, ch. 471.

103. Upon information given upon oath to any justice of the
peace in and for said counties of any violation of the provisions
of the preceding section, he shall issue his warrant for the
arrest of the offender and the seizure of the canoe or boat
in his possession or used in the commission of the offence,
together with the tackle, instruments, and all things on board
at the time of the commission of the offence, which warrant
shall be directed to the sheriff or any constable of the county,
and shall be returnable in five days from the issuing thereof.

Ibid.

104. The justice of the peace before whom such warrant is
returnable, shall, upon the return thereof, docket a case in the
name of the State against the person arrested and the property
seized by virtue of said warrant; and if upon trial the said person
is found guilty of violating section 102, he shall render judgment,
either imposing a fine upon each person so guilty, of not less than
twenty-five dollars or more than one hundred dollars, or condemn-
ing the canoe or boat in possession of the offender, or used in the
commission of the offence, together with all the tackle, instru-
ments, and all things on board at the time of the commission of
the offence, or used or employed in the commission thereof, to be
sold at public auction for cash by the sheriff or constable seizing
the same, after ten days' notice given publicly of the time, place,
manner and terms of sale, set up at the court-house door of said
county; the proceeds of said sale, after paying the costs of pro-
ceedings had, shall go, one-fourth to the sheriff or constable,
one-fourth to the informer, and the remaining half to the county
commissioners, for public road purposes.

Ibid.

105. Any party against whom a justice of the peace shall have
rendered judgment under the provisions of the preceding section,