596 CALVERT COUNTY. [ART. 5.

BIRDS AND CAME.

1876, ch. 128.

32. It shall not be lawful for any person in the counties of
Calvert, Charles, Kent and St. Mary's, to shoot, kill or in any
manner take, trap, encage, barter or sell any English mocking
birds, old or young, or wilfully destroy the eggs or nests of said
birds.

Ibid.

33. The possession by any person in the aforesaid counties of
any birds mentioned in the preceding section shall be prima
facie evidence of a violation of such section.

Ibid.

34. The justices of the peace for the above-named counties
shall have jurisdiction over and may take cognizance of all cases
of persons violating the provisions of section 32 within their
respective counties; and any person convicted before any justice
of the peace of the county in which the offence is committed, 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
fines, 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 before any justice of the peace shall have the right of
appeal to the circuit court for the county in which the offence is
committed within sixty days; and on such appeal being prayed
the justice of the peace shall cause the saiti party to give bail for
his appearance at the next term of said circuit court of the
county, in a sum double the amount of the fines 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 in which the conviction takes place.