1236

LAWS OF MARYLAND. 1836.

gated contrary to the provisions of this act, it shall and may

Warrant to
issue.

be lawful for such justice of the peace to issue his warrant to
some constable, commanding him to seize said vessel, and it
shall be the duty "of said constable to seize such vessel, and
give notice to the owner or owners thereof, of such seizure, and
summon him, her, or them, to appear before such justice, and
upon return of said warrant before said justice, it shall and may

Judgment.

be lawful for him to give judgment of condemnation of such
vessel, if in his opinion she. is navigated contrary to the provi-
sions of this act, provided said justice shall be satisfied that the
owner or owners thereof have been duly summoned.

Constable
to sell.

SEC. 4. And be it enacted. That upon judgment of condemna-
tion so as aforesaid rendered, it shall be the duty of the said
constable to sell said vessel at public sale for cash to the highest
bidder, having given ten days notice first before such sale, and

Pay pro-
ceeds.

when so sold shall pay to the informer one-half of the proceeds
of said sale, and the other half to the treasurer of the shore ou
which said constable shall reside, to be applied to the ordinary
purposes of the treasury, said constable having first deducted
the legal costs and charges of said condemnation and sale.

Fees for

service.

SEC. 5. And be it enacted. That the said justice for every
warrant so issued shall be entitled to such fees as are now
allowed in common actions for debt, and for every judgment he
shall receive the sum of five dollars, and the said constable
shall be entitled to and receive the same fees as now received
in actions of debt.

Appeal
provided.

SEC. 6. And be it enacted, That every person or persons who
shall feel or conceive him, her, or themselves aggrieved by any
judgment of condemnation so as aforesaid rendered, shall be
entitled to appeal to the next county court in the same manner
as appeals are now taken from magistrates' judgments, and in
every case of appeal from any such judgment as aforesaid, the
vessel so as aforesaid seised shall be retained by the said con-
stable, or may be delivered over to the said owner or owners,
upon his, her or their entering into bond to the state of Mary-
land, with a penalty of twice the value of said vessel with secu-

Security

required.

rity or securities to be approved of by the said justice, and it
shall be the duty of said county court at which said appeal shall
be taken, to hear and determine said cause according to the
provisions of this law and the equity and right of the matter.

To be given
in charge.

Sec. 7. And be it enacted, That it shall be the duty of the
county courts of this state to giva this act in charge to the grand
juries in the several counties at each and every term of said
courts; Provided, that the citizens of Anne Arundel and Balti-
more counties be, and they are hereby declared to be exempt
from the operation and effect of this act