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CHAP. 217.
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Assembly of Maryland, of December session, eighteen
hundred and thirty-three, chapter two hundred and fifty-
four, and December session, eighteen hundred and thir-
ty seven, chapter three hundred and ten, the sheriff of
any county, or any constable or other civil or military
officer shall attempt to arrest any person or persons, on
board of any boat or vessel, and the person or persons
on board such vessel, shall fly from, or abandon such
vessel, then it shall and may be lawful for such sheriff
or other officer to take into his custody the boat or vessel
so abandoned, together with her tackle and furniture,
and all things on board of her, and shall detain and keep
in his custody the same, until the same may have been
disposed of as hereinafter provided; and it shall be the
duty of such sheriff or other officer having thus taken in-
to his custody any such boat or vessel, within forty-eight
hours thereafter, to give information thereof to some jus-
tice of the peace of his county, and the said justice shall
docket an action against the said boat or vessel in the
name of the State of Maryland, and shall summon all
such witnesses as the said sheriff or other officer, or the
owner of such boat, or vessel, or his agent, may direct,
naming a day of trial not more than ten days distant,
and if upon trial it shall be found to the satisfaction of
the said justice, that such boat or vessel has been em-
ployed in taking oysters in any manner, forbidden by
the said first section of the said act, then he shall ad-
judge and condemn the said boat or vessel, together with
her tackle, furniture and all things on board of her as
forfeited, or if the offence shall not be proved to the sat-
isfaction of the justice, then the said sheriff or other offi-
cer shall return the said boat or vessel with the furni-
ture, tackle and all things on board of her to the
owner.
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Right of appeal
secured.
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SEC. 3. And be it enacted, That if the owner or
owners of any boat or vessel, so condemned, shall think
himself or themselves aggrieved by such condemnation,
he or they shall be at liberty to appeal from the judg-
ment of the justice of the peace, at any time within ten
days from the rendition thereof, to the next county court
of the county wherein said judgment may have been
rendered, the judges of which are hereby empowered
and directed, upon the petition of the applicant or
applicants, in a summary way, and without any un-
necessary delay, to hear the allegations and proofs in
the case, and to affirm or reverse the justices' judg-
ment of condemnation, as to them may seem right, and
in case of affirmance, to adjudge to the State the costs
incurred in defending the said appeal, and it shall be
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