ART. 9.] BIRDS AND GAME. 921

in section 43; and on failure to pay said fine, shall be com-
mitted to the house of correction or the county jail for ten days,
in the discretion of the justice of the peace trying the case.

1888, ch. 852.

40. It shall not be lawful for any person not a bona fide resi-
dent of said county, or any corporation, to shoot, entrap or in
any manner to kill or catch any partridges, woodcock or rabbit in
the said county without having first obtained from the clerk of
the circuit court for said county a license permitting the person,
named in said license to shoot, kill or trap said game in said
county during the time when the killing of said game is made
lawful by section 38 of this sub-title of this article; and the per-
son named therein shall pay the said clerk for such license the
Bum of twenty dollars, which amount shall be turned over to the
board of school commissioners by the said clerk for the use of
the public schools of said county, and fifty cents to be paid the
clerk for his fee for issuing said license; and any non-resident
convicted before any justice of the peace in the said county for
violating the provisions of this section shall be fined twenty dol-
lars for each and every offence, and shall forfeit his gun, ammu-
nition and other apparatus; and on failure to pay said fine the
offender shall be confined in the county jail for ten days, and the
gun so forfeited shall be sold, after giving ten days' notice of
time and place of sale by written notice posted at three or more
public places in said county, at public auction, to the highest
bidder, for cash, by the officer making the arrest; the proceeds
of said sale, after deducting five dollars as a fee to the officer for
making the sale, to be paid over to the justice of the peace before
whom the offender was tried, to be held by the said justice of
the peace, together with all other fines collected by him under
the provisions of this section, to be by law disposed of as directed
in section 43.

Ibid.

41. Any land owner may extend, in writing, the privilege of
killing any partridge, quail, woodcock or rabbit upon his own land
to whomsoever he may.

Ibid.

42. The possession by any person within said county of any
partridges, quail, woodcock or rabbit, without having complied