ART. 72] DREDGING. 467

the preceding sections of this article, shall either give the case
or cases an immediate hearing, or at the instance of the party
charged shall appoint some early day within the next ten days
to hear the case, the party charged giving such good and
sufficient bail as said judge or justice shall require for his appear-
ance at the trial; and the said vessel shall be held and safely
kept at the cost of the party charged or of the said vessel
as the case may be; and in case the master, owner or other
person in charge of said vessel, shall, or shall not be arres-
ted, then the vessel used in violation of the provisions of
this article shall be seized and the charge against the same shall
be heard by the said judge or justice of the peace, and she shall
be dealt with as hereinafter provided; and if the said master,
owner or other person in charge of said vessel shall not appear
after giving bail, as hereinbefore provided, then in either case the
judge or justice of the peace may proceed to hear the case, and
to determine whether or not the said vessel has been employed
in violation of any of said sections; and any vessel so employed
is hereby declared to be forfeited; and in case the said judge or
justice shall find the vessel has been so unlawfully employed,
then he shall declare the same to be forfeited, and shall so enter
upon his docket, together with all her tackle, apparel, appurten-
ances, boats, sails and rigging; and he shall authorize and direct
any sheriff, or deputy sheriff, to sell said vessel, together with all
the apparel, tackle, boats and other things belonging thereto, at
public auction, to the highest bidder for cash, after giving at least
twenty days' notice of the time and place of said sale, printed in
some newspaper published in the county in which the case may
be tried; and the said officer shall be allowed the actual expenses
of seizure, sale and keeping of said vessel and poundage fees;
and the proceeds of said sale shall be first applied to the pay-
ment of all the costs, charges and expenses of the seizure, trial
and sale of said vessel, and the balance of said proceeds, if any,
shall be paid to the clerk of the court, as herein provided, and by
him to the comptroller to the credit of the "Oyster Fund, " unless
a part thereof be remitted, as provided by section 23; provided,
that the owner, or any other person having any mortgage or any
other lien 011 the said vessel, shall in all such cases have the right
of appeal to the circuit court at any time within sixty days after