834

LAWS OF MARYLAND.

SUB-SEC. 3-3. And be it enacted, That on information under

oath to any justice of the peace of said county, of any violation

of section one of this act, he shall his issue warrant to the sheriff

or any constable or licensed tongman of said county, or to any

officer of the State oyster police force, requiring either of them to

proceed at once to arrest the party or parties alleged to have been

engaged in violating said section one, and to seize the canoe, boat

or vessel alleged to have been so unlawfully employed, and forth-

with bring the said party or parties charged, and the canoe, boat

or vessel seized before some justice of the peace of said county;

and the justice before whom said writ is returned shall notify the

defendant or defendants of the right of trial by jury; and if the

said defendant or defendants shall claim a jury trial, the said jus-

tice shall require the defendant or defendants to give good and

sufficient bail for his or their appearance at the next grand jury

term of the circuit court of said county; and in default thereof

he shall commit the said defendant or defendants to await the

action of the grand jury; and he shall order the said canoe, boat

or vessel to be delivered into the custody of the sheriff of said

Proceed-

county to await the final disposition of the case, unless the owner

ing

or any person having a lien of record against said canoe, boat or

vessel shall give a bond to the State in a sum equal to double the

value of said canoe, boat or vessel conditioned for its return to

the sheriff in event of a judgment of forfeiture by the said circuit

court; but if the defendant or defendants shall elect to be tried

by the said justice, the said justice shall--either give the case an

immediate hearing or shall (at the instance of the defendant or

defandants) appoint a day within the next seven days thereafter

to hear the case, first requiring the said defendant or defendants

to give good and sufficient bail for his or their appearance at the

trial, and ordering the said canoe, boat or vessel to be delivered

to the sheriff of said county to abide the final determination of

this case; and if the officer to whom the writ is directed shall

seize the canoe, boat or vessel alleged to have been so unlawfully

employed, but shall fail to arrest the party or parties alleged to

have been engaged in violating section one of this act, the justice

before whom said writ is returned shall forthwith hear and de-

termine the case as against the said canoe, boat or vessel, and if

he shall find that the said canoe, boat or vessel has been so un-

lawfully employed, he shall condemn said canoe, boat or vessel

and order the same to be sold.

SUB-SEC. 4-4. And be it enacted, That whenever a conviction

is had for any violation of said section one, the justice of the

peace, or the circuit court trying the case, shall impose upon the

To forfeit

t guilty party or parties the sentence prescribed in section two of

boat.

this act, and shall enter a judgment of forfeiture of the canoe,

boat or vessel condemned, and shall pass an order directing the

sheriff of said county to sell the said canoe, boat or vessel at public