THOMAS H. HICKS, ESQUIRE, GOVERNOR.

579

things on board of her at the time of her seizure,
and all or any property in the possession of the
said officer found, seized and taken as aforesaid ;
and the said officer with the persons who aided
him in making the arrest and seizure, shall sell
the same to the highest bidder after ten days

notice.

SEC. 3. And be it enacted, That if any person
or persons convicted of offending against this act,
shall think himself or themselves aggrieved by
such conviction, he or they shall be at liberty to
appeal from the judgment of the justice of the
peace at any time within ten days from the ren-
dition thereof, to the Circuit Court of Talbot
county, the judge of which is hereby empowered
and directed upon the petition of the applicant or
applicants, in a summary way, and without unne-
cessary delay, to hear the allegations and proofs
in the case or cases, and to affirm or reverse the
judgment or judgments of the justice of the peace
as to him may seem right; and in case of affirm-
ance, to adjudge to the State the costs incurred
in defending the said appeal, and it shall be in
the election of the said appellant or appellants to
have a decision in a summary way by the judge
of the said court, or a trial by jury before the said

Circuit court.

May appeal.

SEC. 4. And be it enacted, That the proceed-
ings on the judgment or judgments of the justice
of the peace shall not be stayed by 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 justice, in a penal sum of
double the amount in value of the boat or craft and
property seized and the fines imposed, to be esti-
mated by the said justice, conditioned to prosecute
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 engaged with him

in making the arrest and seizure.

Judgment not
to be stayed by
appeal unless
appeal bond be
given.

SEC. 5. And be it enacted, That if within ten days
from the rendition of the judgment or judgments

To give ten
days notice be-
fore sale.