3052 ARTICLE 99.

exclusively for other purposes than the violations of the provisions of this
section, and that such persons are not equipped with and do not place in
such boats any guns or ammunition suitable for shooting wild fowl.

Each and every person on board of any boat by or from which wild
fowl shall be unnecessarily disturbed or in which wild fowl shall be pur-
sued, or from which wild fowl shall be shot at in violation of the provisions
of this Section, shall be deemed guilty of a misdemeanor, and upon con-
viction thereof each person convicted shall be fined not less than one hun-
dred dollars nor more than two 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 imprisonment 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
cost of the arrests and trials of the persons so convicted, and of the custody,
sale and conveyance of 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 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 boats or boats impelled by sail or engines of any de-
scription 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 pur-
pose 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 parapher-
nalia 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 shooting wild fowl, or duly licensed and
authorized push boats, 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 per-
son 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