FRANK BROWN, ESQUIRE, GOVERNOR.

shall, or shall not be arrested, then the vessel used in
violation of the provisions of this article shall be seized
and the charge against the same shall be heard by the said
judge or justice of the peace, and she shall 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 provided, 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 em-
ployed in violation of any of said sections; and any vessel so

513.

employed is hereby declared to be forfeited; and in case the
said judge or justice shall find the vessel has been so
unlawfully employed, then he shall declare the same to
be forfeited, and shall so enter upon his docket, to-
gether with all her tackle, apparel, appurtenances, boats,

Vessel to be
forfeited.

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 and other things belonging
thereto, at public auction, to the highest bidder for cash, after
giving at least twenty 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 the 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 by section 23; 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

Sale of vessel.

right of appeal to the Circuit Court at any time within sixty
days after judgment rendered; 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 such an amendment
shall work a surprise to defendant, he shall have further time
to prepare for trial, and the rules governing amendments in
cases originating in the said court shall govern such amend-
ments so far as they are applicable; and upon bond in an
amount equal to the value of said vessel being given by the
person praying the appeal, satisfactory to said justice, the said
vessel may be released pending the said appeal. Any person

33

Right of
appeal.