196

LAWS OF MARYLAND.

In force.

SEC. 6. And be it further enacted, That this act shall take effect from the date of its passage.

Approved March 25, 1876.

CHAPTER 128.

AN ACT to protect English mocking birds in Charles, Calvert, Kent and St. Mary's counties.

Not lawful.

SECTION 1. Be it enacted by the General Assembly of Maryland, That it shall not be lawful for any person or persons in the Counties of Charles, Calvert, Kent and St. Mary's to shoot, kill or in any manner take, trap, encage, barter or sell any English mocking birds, old or young, or wilfully destroy the eggs or nests of said birds.

Evidence.

SEC. 2. And be it enacted, That the possession by any person or persona in the aforesaid counties of any bird or birds mentioned in this act shall be prima facie evidence to convict under this act.

Have jurisdiction.

SEC. 3. And be it enacted, That the justices of the . peace for the above named counties shall have jurisdiction over and may take cognizance of all cases of persons violating the provisions of this act, within their respective counties; and any person or persons

Penalty.

convicted before any justice of the peace of the county in which the offence is committed of violating the provisions of this act shall be fined by said justice of the peace in a sum of not less than five dollars, nor more than twenty-five dollars for each and every offence, with costs, and on the failure or refusal of such person or persons to pay said fine or fines, or give security therefor, the said justice of the peace shall commit him or them to the county jail for a period

Proviso.

of not less than five nor more than twenty -five days; and provided the party or parties convicted under this act before any justice of the peace shall have