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Session Laws, 1854
Volume 616, Page 13   View pdf image
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8

LAWS OF MARYLAND.

any unnecessary delay to hear the allegations and proofs
in the case or cases, and to affirm or reverse the judg-
ment or judgments of the justice of the peace as to him
may seem right; and in case of affirmance, to adjudge
to the State the costs incurred in defending the said ap-
peal, and it shall be in the election of the said appel-
lant or appellants to have a decision in a summary way
by the judge of said court, or a trial by jury before the
said circuit court.

Appeal bond.

SEC. 4. And be it enacted, That the proceedings on
the judgment or judgments of the justice of the peace
shall not be stayed by any appeal, unless the appellant,
or appellants, within ten days after the rendition of the
same, shall enter into an appeal bond to the State, with
two sufficient securities, to be approved by the said jus-
tice, in a penal sum of double the amount in value of the
boat or craft and properly seized and the fines imposed,
to be estimated by the said justice, conditioned to pro-
secute with effect his or their appeal to the circuit court,
and it shall be the duty of the justice taking the appeal
bond immediately 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 en-
gaged with him in making the arrest and seizure.

Duty of of-

ficer.

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 ar-
rest 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 cut ft
in his possession, together with all the furniture, tackle
and apparel, and all other property seized and taken by
virtue of this law.

Resistance
deemed a mis-
demeanor.

SEC. 6. And be it enacted, That if resistance be
made to the sheriff or any other officer engaged in the
execution of this law, such resistance shall be deemed
a misdemeanor against the laws of this State, presenta-
ble by the grand jury of the county and punishable in
the circuit court by fine and imprisonment as other mis-
demeanors are punished.

Appointment.

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-



 
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Session Laws, 1854
Volume 616, Page 13   View pdf image
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