ROBERT M. McLANE, ESQUIRE, GOVERNOR.

117

of which he is a citizen, and shall be prosecuted

according to such laws.

SEC. 4. And be it enacted, That all offences com-

mitted against the provisions of this act by persons

not citizens and residents as aforesaid of either state,

Offences — how
punished.

may be punished by any of the magistrates or courts

of either state having criminal jurisdiction; all offences

committed by citizens of either state shall be punished

by any of the magistrates or courts of the state of which

he is a citizen having criminal jurisdiction; the author-

ities of either state shall have the right to examine

into the right of any person taking oysters in the Po-

tomac; and all persons taking oysters in the Potomac

shall exhibit his or their authority for so doing when-

Exhibit au-

ever required by the police or other legal authority of

thority.

either state; the legal authorities of either state shall

have the right to arrest any offender against this law

in the Potomac,. and to pursue such offender beyond

the boundary line of either state upon navigable wa-

ters, and arrest such offender wherever found upon

such waters.

SEC. 5. And be it enacted, That the penalties im-

posed by this act shall be recovered before any justice

PcnalricH —

of the peace of either state, in any county of either

how recovered.

state, with the right of appeal of the state, or the

defendant to appeal to the circuit court of the county

in which such cause has been tried, or to the criminal

court of Baltimore city, if tried in Baltimore city, or

to the hustings court of the city, if tried in a city of

Virgina; the parties and vessels charged may be

arrested without warrant and carried before any jus-

tice of the peace; the justice shall cause a guard to

be put upon the vessel, and the parties charged to be

confined in jail or bailed; upon conviction, the person

tried shall be committed to jail until the fine is paid,

and the vessel shall be sold at public auction by the

sheriff of the county or city, for cash, after ten days'

notice; in case of appeal, the appellant shall remain

Condition of

in custody, and the vessel shall be sold as above pro-

appeal.

vided, unless recognizance be entered into for double

the amount of the fine and double the value of the

vessel, conditioned for the performance of the final

judgment of the court; upon such recognizance being

given, the party convicted and the vessel shall be

discharged.