718

LAWS OF MARYLAND.

such cases have the right of appeal to the circuit court

at any time within sixty days after judgment ren-

dered, and upon the trial of said appeal the court

shall have the right to amend the warrant or any of

the proceedings before the justice of the peace, so as

to bring the case to trial upon its merits, provided

that no new offence shall be charged; and in case that

such amendment shall work a surprise to defendant,

he shall have further time to prepare for trial, and the

Rules govern-

rules governing amendments to cases originating in

ing.

the said court shall govern such amendments so far as

they are applicable, and upon bond in an amount

equal to the value of the said vessel, being given by

the person praying the appeal, satisfactory to said jus-

tice, the said, vessel may be released pending the said

appeal; and in any case in which the owner may

apply to the court having jurisdiction, and shall show

that the unlawful employ ment of said vessel was with-

out his sanction or authority, the said court may order

the proceeds of said vessel to be returned to him, or

to any person having a lien on said vessel, and may

distribute the funds according to the priority of the

several claims and liens; and any person having a

lien may file a petition, and the court, if the interests

of justice will permit, may allow him a portion of the

said proceeds, but in all such cases the court shall re-

tain a sufficient sum to pay costs, charges, expenses

and a reasonable and proper equivalent to a fine; and

Amendments

amendments shall be allowed as hereinbefore provided

allowed.

in all cases of appeal from the judgment of justices of

the peace in cases where a violation of any local oys-

ter law or laws is charged.

SEC. 12. And be it enacted, That any boat, owned

wholly or in part by any non-resident, used in carrying

or catching oysters in this state with scoop, dredge

or similar instrument, is hereby declared to be for-

Boat forfeited.

feited, and shall be condemned by order of any judge

of the circuit court nearest 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

Notice publish-

of sale, such notice to be published at least three

ed.

times in a newspaper having the largest circulation

printed in Baltimore city or in the county where con-