36

LAWS OF MAKYLAND.

waters of Somerset county, the said justice shall fine such person

or persons not less than fifty dollars nor more than one hundred

dollars if the said violation of the provisions of this sub-title be

the first offense committed; but for the second offense at any time

after a conviction of a first offense, the said justice shall fine such

person or persons not less than one hundred dollars nor more than

five hundred dollars, and such person or persons so found guilty

shall stand committed until the fines and costs are paid; but

in all cases arising under this sub-title, the defendant or de-

fendants shall have the right of appeal to the circuit court of

Somerset county from the judgment of the justice of the peace;

and the canoe, boat or other vessel so unlawfully used, shall be

bound for" the fine and costs in all cases where the master, owner

Proceed

or other person employing the said vessel in violation of the pro-

Ings.

visions of this sub-title shall not be arrested, and shall neglect or

wilfully fail or refuse to appear, the justice of the peace may

proceed to hear the said charge so far as it applies to the said

vessel without such appearance, and if the charge appear to be
true, the vessel shall be declared forfeited, but for the first offense

shall be released upon the payment of not less than fifty dollars

nor more than one hundred dollars, and for the second offense at

any time after conviction of a first offense, shall be released upon

the payment of not less than one hundred dollars nor more than

five hundred dollars in the discretion of the justice of the peace

hearing the case, together with the costs attending the same; but

the owner, master or any one having a mortgage or lien on said

vessel may appeal from the judgment of said justice of the peace

to the circuit court of Somerset county, upon his giving bond in

such a sum as may represent double the value of the said vessel,

the said vessel shall be released, and it shall be the duty of the

officers of the State fishery force to arrest all persons found

violating any of the provisions of this sub-title, and bring the

offender or offenders before some justice of the peace most con-

venient, to be dealt with as herein provided; and the same officers

shall serve any warrant issued by any justice of the peace of
Somerset county for the violation of this sub-title, and immediately

bring the offender or offenders before said justice of the peace for

trial; the money received from license for all vessels shall be

paid by the clerk to the secretary and treasurer of the school

board for Somerset county for the use of the schools of said

For school

county; and after one-half of the fine in each case is paid to the

purposes,

informer, the balance of said fine shall be paid to the clerk of the

court of said county by the justice of the peace hearing the case

within thirty days from the date of the trial, and the said clerk

shall pay the same to the secretary and treasurer of the school

board of said county for the benefit of the school fund.

147. And be it enacted, That all oysters taken in any of the

waters of Somerset county, shall be culled on the beds or bars