562 LAWS OF MARYLAND. [Ch. 397]

upon enclosed preserves by the owners or lessees of such
preserves.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That any person desiring to engage in the occupation of
raising and selling domesticated American elk, white-tailed
deer, red deer, fallow deer and roebuck, or any of them, or any
member of the deer family, in a wholly enclosed preserve of
which he is the owner or lessee, may do so by making applica-
tion to the Game Warden of the State of Maryland in such,
form as the said Game Warden may prescribe for a license so
to do. The said Game Warden, when it shall appear that such
application is made in good faith, shall, upon the payment of
a fee of five dollars to be paid to and retained by him, issue
to such applicant a breeders' license permitting such applicant
to breed and raise domesticated American elk, white tailed deer,
red deer, fallow deer and roebuck, or any of them, or any
member of the deer family in confinement and to sell the same
alive at any time for stocking purposes and to kill the same
at any time and sell the carcass for food; provided that when
such preserves are located in the counties of Washington,
Allegany and Garrett, but not in other counties of the State,
white-tailed deer, native to the State, are killed and sold by the
owners or lessees of such preserves, some distinctive brand or
mark shall appear on the body thereof and made to appear that
it was placed there on at least three months prior to the killing
thereof and that in addition thereto a sworn affidavit shall be
made by such person, before a justice of the peace or notary,
public, that said white-tailed deer was bred and raised upon his
preserve by said owner or lessee thereof. That the killing and
sale of such white-tailed deer, out of the season permitted for
such killing by the laws of this State, upon such preserves by
the owner or lessee thereof, without complying with the above
requirement shall subject him to the forfeiture of his license
and a fine of fifty dollars for each white-tailed deer so killed
and sold.

SEC. 2. And be it enacted. That the preserve used for the
breeding of elk or deer pursuant to this section shall be sur-
rounded by a good and sufficient fence of wire or other material
and of a pattern to be approved by the said Game Warden to
prevent ingress and egress of such deer or elk as are kept
thereon.

SEC. 3. And be it enacted, That such deer or elk so kept in
an enclosure shall be deemed the personal property of the owner