2210 WILD FOWL——BIRDS AND GAME. [ART. 99

as to prevent any person or corporation from having in his or its pos-
session, at any time, any live birds or game animals, for the purpose
of stocking lands in this State.

The act of 1898, ch. 206, is a valid exercise of the police power, though It
applies to game brought from another state. It is not unconstitutional as
embracing more than one subject, nor because it is made applicable only in
certain portions of the state. Indictment under.this section, held sufficient.
Stevens i: State, 89 Md. 672; Mt. Vernon Co. v. Frankfort Co., 111 Md. 568;
Windsor v. State, 103 Md. 614; Rice v. State, 89 Md. 768; Tyler v. State,
93 Md. 311.

Prior to the act of 1898, ch. 206, the law had no application to game killed
in another state. Construction of the act of 1894, ch. 404. Dickhaut v.
State, 85 Md. 460; Stevens v. State, 89 Md. 671.
Cf. art. 39, sec. 85, and art. 72, sec. 9, and notes.

1904. art. 99, sec. 21. 1898. ch. 206. sec. 15 H.

28. No person shall in this State, at any time shoot or in any man-
ner catch or kill, expose for sale, sell or buy, or have in possession, alive
or dead, any turkey buzzard, wren, sparrow, bluebird, humming-bird,
blue jay, migratory or other thrush, wood-robin, red-breasted robin,
martin, mocking-bird, catbird, swallow, oriole, redbird, lark, indigo-bird,
joe wink, pewitt, sapsucker, whippoorwill, goldfinch, yellow-breasted
chat, cedar bird, herring gull or mackerel gull, or gull of any descrip-
tion, under a penalty of not less than one ($1) dollar nor more than
five ($5) dollars for each such bird so shot, caught, killed, exposed for
sale, sold, bought or had in possession; and no person shall under like
penalty, have in his or her possession, offer for sale or wear the skins,
plumage, wings or feathers of any of the birds, the catching or killing
of which is prohibited by this section; provided however, that nothing
herein contained shall be so construed as to make it unlawful to shoot,
catch or kill, or in any manner destroy at any time any hawk or other
birds destructive to domestic poultry, or any English sparrow, or
crow or blackbird; provided that this section shall not apply to St.
Mary's county and Calvert county; provided that it shall be lawful to
have mocking birds or red birds, or other song birds in cages or stuffed
specimens of any said birds in educational institutions, or public or
private museums.

Ibid. sec. 22 1898, ch. 206. sec. 15 J.

29. No person shall at any time, in this State, shoot at or kill any
of the birds or game animals permitted to be shot or killed under this
sub-title, with any other kind of gun than such as is habitually raised
at arm's length from the shoulder, under a penalty of not less than five
($5) dollars nor more than twenty-five ($25) dollars for every such
bird or game animal so shot at or killed, and under a further penalty of
not less than fifty ($50) dollars nor more than one hundred ($100)
dollars for each offense, and every gun which is not so habitually fired
from the shoulder, as aforesaid, shall bo liable to seizure by any State
or county officer authorized to execute warrants and the forfeiture and
destruction by any justice of the peace before whom such gun shall bo
produced.