2201 WILD FOWL——BIRDS AND GAME. [ART. 99

than one hundred dollars nor more than to* hundred dollars for each
offense, and in the event of the non-payment of the fine., the person or
persons so convicted shall stand committed to the county jail or the jail
of Baltimore city until such fine and costs are paid, but such imprison-
ment shall not exceed sixty days for each offense, and in addition to
such fine or fines, all boats used by said offenders, and the guns and
paraphernalia found in or on such boats or in possession of such persons
so convicted, or used in such violation of the provisions of this section,
shall be adjudged confiscated and ordered to be sold and conveyed by
the officer making the arrest or sheriff of the city or county wherein the
conviction shall be had. After deducting the costs of the arrests and
trials of the persons so convicted, and of the custody, sale and convey-
ance of the said boats, guns and paraphernalia, one-half of the fine and
proceeds of sale of the confiscated property shall go to the deputy game
warden, constable or other person who shall procure the conviction of
any persons for violating the provisions of this section, and the remain-
ing half shall be paid over to the state treasurer to the account of the-
state game protection fund, to be used by the state game warden as may
be provided by law.

If any such power boat or boats impelled by sail or engines of any
description be found in or near the waters where wild fowl are then and
there using or bedding, having on board guns or other paraphernalia
commonly employed in the killing of wild fowl, or if any shots shall be
fired from any such boat at or in the vicinity of wild fowl where bedded
in the waters aforesaid, or if any such boat propelled by engine or sail
shall be proven to have moved in the direction of such wild fowl so
bedded, for the purpose of causing such wild fowl to fly from the place
or waters in which they shall have been then and there bedded, such
fact or facts, or any of them, shall be accepted as prima facie evidence
of an intentional violation of the provisions of this section on the part
of each person on board of such boat, and of the ownership of such boat
and of the guns and paraphernalia thereon by the persons so convicted;
provided:

First. That nothing herein contained shall be deemed to prohibit
the proper use of duly licensed and authorized sneak boats for shoot-
ing wild fowl on the flats of the Susquehanna, or to prevent the towing
of craft by power boats to and from the shooting grounds or to prevent
shooting over or gathering wounded or dead wild fowl, in good faith,
from boats propelled only by oars, and not equipped with either sails or
engines, when so used within a reasonable distance from the shore:
and provided,

Second. That any person or persons other than those convicted of
violating the provisions of this section who may own in part or whole
any boat, gun or paraphernalia adjudged to be confiscated or ordered
to be sold, as above provided, may intervene by sworn petition in the

*Evidently a typographical error in the act.