ROBERT M. McLANE, ESQUIRE, GOVERNOR.

717

or any vessel may be brought, charged with violating

any of the preceding sections of this act, shall either

give the case or cases an immediate hearing, or at the

instance of the party or parties charged shall appoint

Hearing of cuse

some early day, within the next ten days, to hear the

case, the party or parties charged giving such good
and sufficient bail as said judge or justice shall require

for his or their appearance at trial, and the said vessel

shall be held and safely kept at the cost of the party

charged, or of the said vessel, as the case may be ;

and in case the master, owner or other person in

charge of the said vessel shall or shall not be arrested

then the vessel used in violation of this act shall be

seized, and the charge against the same shall be heard

by the said judge or justice of the peace, and she shall

Penalty,

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 pro-

vided, 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 this act, 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 uu

lawfully 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 ahd other

things belonging thereto, at public auction to the

Notice of auc-

highest bidder for cash, after giving at least twenty

tion.

days notice of the time and place of said sale, printed

in some newspaper published in the county in which

the case may be tried; and the said officer shall be

allowed 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 payment of all

the costs, charges and expenses of the seizure, trial

and sale of the 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 for in section seven; provided

Proviso.

that the owner, or any other person having any mort-

gage or any other lien on the said vessel, shall in all