3612 ARTICLE 99

shot or killed. It shall be unlawful for any person at any time to use or
have in possession for use a light for the purpose of hunting muskrats at
night time, and any such light so found in possession shall be prima facie
evidence that such light was for the purpose of a violation of this sub-title.

(b) It shall be lawful for any person to hunt any Raccoon or Opossum
within the State of Maryland, between the first day of November and the
thirty-first day of January, following, in each and every year, both dates
inclusive. It shall be unlawful for any person to hunt any Raccoon or
Opossum between sunrise and sunset. It shall be unlawful to cut a tree
at any time for the purpose of catching, killing or dislodging a Raccoon
or Opossum unless by consent of owner of said tree or trees, and no person
shall set, place, keep or maintain any steel traps or other similar device
for the purpose of catching Raccoon or Opossum.

Provided, however, an owner of a dog or dogs, between October 1st and
October 20th, both dates inclusive, may be permitted to run or train such
dog or dogs on Raccoon or Opossum, provided an attendant accompanies it
or them but in so doing no person shall be allowed or permitted to carry a
gun or firearms of any description, climbers or ax. Be it further provided
that it shall be unlawful to shake or throw out from any tree or hollow any
Raccoon or Opossum between the 31st day of January and the 31st day
of October, inclusive, or have same in possession dead or alive except live
Raccoon or Opossum may be kept in captivity for propagation purposes
upon securing a permit from the State Game Warden.

Be it further provided that it shall be lawful to hunt, pursue or kill any
raccoon or raccoons found in the marsh areas of this State when said
raccoon or raccoons are destroying muskrats or their, homes.

(c) Any person found guilty before any Justice of the Peace of this
State for violating any provisions of this sub-title, shall be fined not less
than Twenty-five ($25'.00) Dollars nor more than One Hundred ($100.00)
Dollars for each and every offense, and in addition to said fine so imposed
shall be fined Five Dollars ($5.00) for each and every such skin had in
possession in violation of this sub-title. All such skins, pelts or meats or
illegal devices found in possession in violation of this sub-title shall be
confiscated by the officers making the arrest and turned over to the Game
Warden who may dispose of same as he may deem advisable to the best
interest of this State.

Any person who shall fail to pay the fine so imposed, shall stand com-
mitted to jail until the fine and costs shall have been paid; however, said
sentence shall not exceed one day for each dollar so imposed. Any person
other than the State Game Warden, Deputy Game Warden, or officer
receiving compensation from the Conservation Department of Maryland
who shall procure the conviction of any person violating any of the pro-
visions of this Section shall receive one-half of the fine recovered, the re-
maining one-half shall be paid to the State Game Warden or to the State
Comptroller to be placed to the credit of the State Game Protection Fund
to be used as provided by law.

If any clause, sentence, paragraph or section of this sub-title shall for any
reason be adjudged by a Court of competent jurisdiction to be unconstitu-
tional and invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or section thereof, so found unconstitutional and

invalid.¹

As to abolition of informer's fees, see art. 38, sec. 3.

¹ Sec. 2 of ch. 420 of acts of 1929 repealed all laws inconsistent therewith.