ART. 15.] BIRDS AND GAME. 1439

1876, ch. 138.

32. The possession by any person in Kent county, of any bird
mentioned in the preceding section, shall be prima fade evi-
dence of a violation of such section.

Ibid.

33. Justices of the peace shall have jurisdiction over and
may take cognizance of all cases of persons violating the pro-
visions of section 31, within the county; and any person convicted
tefore any justice of the peace of the county, of violating the
provisions of said section, shall be fined by said justice of the
peace in a sum of not less than five dollars nor more than twenty-
five dollars for each and every offence, with costs; and on the
failure or refusal of such person to pay said fine, or give security
therefor, the said justice of the peace shall commit him to the
county jail for a period of not less than five nor more than
twenty-five days; provided, the party so convicted shall have the
right of appeal to the circuit court for the county, within sixty

days; and on such appeal being prayed, the justice of the peace
shall cause the said party to give bail for his appearance at the
next term of said circuit court, in a sum double the amount of
the fine imposed, where the said party shall be tried de novo, and
if convicted, shall suffer the same penalties as those imposed by
said justice of the peace, with costs; and provided further, that
whenever said bail is given, the party shall be set at liberty; and
all fines collected under said section shall be applied to the repair

of the roads of the county.

Ibid.

34. Section 31 shall not .be construed to interfere with the
right of any citizen in the county to take the young of the birds
mentioned in said section; provided, he make oath in due form
of law before some justice of the peace of the county, that such
young birds taken are intended for his true and bona fide use,
and not for the purpose of sale or barter; such oath may be made
before or at the time of trial, but shall only be prima facie
evidence of innocence.

1886, ch. 185.

35. It shall not be lawful for any person in Kent county to
shoot, kill or catch, or in any way entrap, any partridge or quail