HENRY LLOYD, ESQUIRE, GOVERNOR,

paid to the Clerk of the Court as herein pro-
vided, 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, that the owner, or any other person
having any mortgage or any other lien on the
said vessel shall in all such cases have the
right of appeal to the Circuit Court at any
time within sixty days after judgment ren-

507

dered, and upon the trial of said appeal, the
Court shall have the right to amend the war-
rant or any of the proceedings before the Jus-
tice of the Peace, so as to bring the case to
to trial upon its merits; provided, that no new
offence shall be charged, and in case that such
an amendment shall work a surprise to defen-
dant, he shall have further time to prepare
for trial, and the rules governing amendments
in cases originating in 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, satis-
factory to said Justice, the said vessel may be
released pending the said appeal; and in any

Sell.

case in which the owner may apply to the
Court having jurisdiction, and shall show that
the unlawful employment of said vessel was
without his sanction or authority, the said
Court may order the proceeds of said vessel
to be returned to him, or to any person hav-
ing a lien on said vessel, and may distribute
the funds according to the priority of the sev-
eral claims and liens; and any persons having
a lien may file a petition, and the Court, if the
interests of justice will permit, may allow him
a portion of said proceeds, but in all such cases
the Court shall retain a sufficient sum to pay
costs, charges, expenses, and a reasonable and

Expenses.

proper equivalent to a fine; and amendments
shall be allowed as hereinbefore provided, in
all cases of appeal from the judgment of Jus-
tices of the Peace in cases where a violation
of any local oyster law or laws is charged.

SEC. 12. And be it enacted, That any boat,
owned wholly or in part by any non-resident,

Liens.