1102 FREDERICK COUNTY. [ART. 11

fifteenth day of October, or any rabbit between the first day of
February and the first day of October, under the penalty of five

dollars for each and every pheasant, rabbit or partridge so killed,
taken or destroyed.

1873, ch. 803.

41. No person shall at any time during the year wilfully de-
stroy the eggs or nests of any of the birds named in the two pre-
ceding sections within said county, under the penalty of two

dollars for each and every offence.

Ibid.

42. The possession by any person within the county of any of
the birds mentioned in sections 39 and 40, or of any rabbit, shot,
killed or otherwise destroyed, shall be prima fade evidence to

convict under said sections.

Ibid.

43. Any person offending against any of the provisions of sec-
tions 39, 40 or 41, and being convicted thereof before any justice

of the peace in Frederick county, shall forfeit the fine therein
named, one-half to the use of the school fund of the county and
the other half to the use of the informer; and if the offender, after
teing convicted of the crime, shall fail or refuse to pay the said
fine, he shall be committed to the jail of the county, for every
such offence, for the space of ten days; provided, however, that
such convictions shall be made within sixty days after the offence.

Ibid.

44. It shall be the duty of the constables of the several election

districts of the county to arrest all persons whom they may see

violating any of said sections, and take them before the nearest
justice of the peace, to be dealt with according to law.

1884, ch. 209.

45. It shall not be lawful for any person to sell, barter or
trade, or attempt to sell, barter or trade, any pheasants, partridges,
squirrels or woodcock, that may have been taken, trapped, snared
or shot in Frederick county.