ART. 72] DREDGING. 1585

arrested, 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, appurtenances, 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 news-
paper 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
24; provided, that the owner or any other person having
any mortgage or any other lien on the said vessel shall in
all such cases have the right of appeal to the circuit court at
any time within sixty days after judgment rendered, and upon
the trial of said appeal the court shall have the right to amend
the warrant or any of the proceedings before the justice of the
peace so as to bring the case to trial upon its merits; pro-
vided, 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 applicable, 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