PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

in value of the boat or vessel, and property seized,
and the fines imposed, to be estimated by the said
justice, conditioned to prosecute, with effect, his or
their appeal to the county court, and it shall be the
duty of the justice taking the appeal bond, immedi-
ately to deliver the same to the officer who made the
arrest, and in case of forfeiture of the bond, the said
officer shall have full power and authority to prosecute
the same for, his use, and the use of those engaged
with him in making the arrest and seizure.

CHAP. 305.

SEC. 5. And be it enacted, That if, within ten days
from the rendition of the judgment or judgments, no
appeal bond is accepted by the justice of the peace, to
arrest further proceedings on said judgment or judg-
ments, it shall be the duty of the officer making the
arrest and seizure, after having given ten days notice,
by public advertisement, to sell to the best advantage,
for cash, for his benefit, and the benefit of those who
aided him in making the arrest and seizure, the boat
or vessel in his possession, together with all the pa-
pers, furniture, tackle, and apparel, and all other pro-
perty seized and taken by virtue of this law.

Limited time
in which an ap-
peal may be
taken.

SEC. 6. And be it enacted, That if resistance be
apprehended by the Sheriff, or any other officer en-
gaged in the execution of this law, he shall summon
to his aid the posse comitatus of the county, armed
and equipped as the occasion may require, and shall
press in his service any steamboat, not actually en-
gaged in conveying the public mail, or other vessel
whatever, at the risk and expense of the State, and
proceed therewith, without delay, to perform his duty,
and if resistance be made to the officer, or to others
engaged with him in the execution of this law, such
resistance shall be deemed a misdemeanor against the
laws of this State, presentable by the grand jury of,
the county, and punishable in the county court, by
fine and imprisonment, as other misdemeanors are
punished, and the person or persons charged with re-
sisting any officer possessing the power to execute this
law, shall be arrested by such officers, and carried be-
fore a justice of the peace of his county, and he or
they shall be treated by said justice as all other per-
sons charged with being offenders against the crimi-
nal law of this State.

Sheriff, etc.,
may summon
posse comitatus.

SEC. 7. And be it enacted, That after the payment of
the costs accruing from the prosecution of offenders
under this law, the balance arising from the fine and
sale of the boat, and other property hereinbefore men-
tioned, shall be divided or apportioned in. the follow-

Fines, etc, —
how distributed.