468 OYSTERS. [ART. 72

judgment rendered; and upon the trial of said appeal the court
shall have the right to amend the warrant or any of the proceed-
ings before the justice of the peace, so as to bring the case to
trial upon its merits; provided, that no new offense shall be
charged; and in case such an amendment shall work a surprise
to defendant, he shall have further time to prepare for trial, and
the rules governing amendments in cases originating in the said
court shall govern such amendments so far as they are appli-
cable; and upon bond in an amount equal to the value of said
vessel being given by the person praying the appeal, satisfactory
to said justice, the said vessel may be released pending the said
^appeal. Any person or persons offering to stand bail for any
person or persons charged under the provisions of this article shall
be sworn by the judge or justice of the peace trying the same,
as to his actual worth in unincumbered real estate, and if he
swears falsely, upon proof of the same before any court of com-
petent jurisdiction, shall be deemed guilty of perjury and sub-
ject to all the pains and penalties of the same; the judge or
justice, before the party is sworn, shall acquaint him or her with
the pains and penalties of false swearing. Any person having a
lien upon any vessel seized hereunder may file a petition, and the
court, if the interests of justice will permit, may allow him a por-
tion 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 amendment to the forms and
procedure shall be allowed, as hereinbefore provided, in all cases
of appeal from the judgment of justices of the peace.

1894, ch. 380.

28. Any boat, owned wholly or in part by any non-resident
used in catching oysters in this State, with scoop, dredge or
similar instrument, is hereby declared forfeited, and shall be
condemned by order of any judge of a circuit court most acces-
sible to 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 sheriff of said city, to the highest bidder for cash, after
twenty days' notice of the time and place of sale; such notice to
be published at least three times in a newspaper having the