514

LAWS OF MARYLAND.

or persons offering to stand bail for any person or persons
charged under the provisions of this article shall be sworn by
the judge or justice of the peace trying the same, as to his
actual worth in unincumbered real estate, and if he swears
falsely, upon proof of the same before any court of competent
jurisdiction, shall be deemed guilty of perjury and subject to
all the pains and penalties of the same; the judge or justice,
before the party is sworn, shall acquaint him or her with the
pains and penalties of false swearing. Any person having a
Hen upon any vessel seized hereunder 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 a proper equivalent to a tine; and amend-
ments to the forms and procedure shall be allowed, as herein-
before provided, in all cases of appeal from the judgment of
justice of the peace.

Boats of non-
residents.

28. Any boat, owned wholly or in part by any non-resident,
.used in catching oysters in this State, with scoop, dredge or
similar instrument, is hereby declared forfeited, and shall be
condemned by order of any judge of a Circuit Court most
accessible to the place of her capture, or if captured in Balti-
more 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 of sale; such notice to be published at least three times
in a newspaper having the largest circulation printed in Balti-
more city or in the county where condemned; one-fourth of the
proceeds of such sale shall be paid to the party making the
capture, not including the officers and crews of the State
Fishery Force, who shall receive no part of said fine, and the
balance shall be paid into the treasury of the State, to be
credited to the oyster fund; provided, however, that any person
claiming an interest in such vessel shall have the right to make
an appeal upon giving to the State a good and sufficient bond
as required in such cases; provided, however, that when the
bona fides of the owner of any vessel shall be called in ques-
tion, the burden of proving such bona fides shall be upon those
claiming to be such owners; and provided also, that upon
taking such appeal and filing such bond, the said vessel shall
be released from custody.

29. All moneys received or obtained from dredging licenses
issued under the provisions of the preceding sections of this