1586 OYSTERS. [ART. 72

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
competent jurisdiction, shall be deemed guilty of perjury and
subject 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 portion 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.
Wiling v. Bozman, 52 Md. 44.

1894, ch. 380, sec. 28.

20. 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 largest circulation printed in Baltimore
city or in the county where condemned; one-fourth of the pro-
ceeds of such sale shall be paid to the party making the cap-
ture, not including the officers and crews of the State fishery
force, who shall receive no part of said fine, and the balance
shall be paid into the treasury of the State to be credited to
oyster fund; provided, however, that any person claiming an
interest in such vessel shall have the right to make an appeal
upon giving to the State a good and sufficient bond as required
in such cases; provided, however, that when the bona fides of
the owner of any vessel shall be called in question, the burden
of proving such bona fides shall be upon those claiming to be
such owners; and provided also that upon taking such appeal
and filing such bond the said vessel shall be, released from
custody.