592                               Laws of Maryland                      [Ch. 181

shall be fined or imprisoned or both, as provided in § 140 of this
article, at the discretion of the court. Where the value of such
money, credit, goods, wares or anything of value is less than one
hundred dollars, such person, upon conviction, shall be deemed guilty
of a misdemeanor and fined not more than fifty dollars or im-
prisoned for not more than eighteen months in the house of correc-
tion or jail, or both fined and imprisoned in the discretion of the
court[, and the trial magistrates of the counties shall have concur-
rent jurisdiction over such offense with the circuit court of the coun-
ties]. And upon the trial of any person accused of violation of this
section, the fact that such person without the consent of such other
to stop or countermand the countermanded payment of such instru-
ment, or otherwise caused the drawee to disregard or dishonor the
same without returning or tendering the return of the thing so ob-
tained shall be presumptive evidence of such intent to cheat and
defraud. [In Baltimore City, where the amount of money or the value
of the thing received does not exceed five hundred dollars ($500.00),
the Municipal Court of Baltimore City shall have jurisdiction to try
persons charged with violating this section, provided that persons so
convicted in the Municipal Court shall not be sentenced to the peni-
tentiary by that court.]

§ 154. Carrying firearm while under influence of alcohol or nar-
cotic drug.

It shall be unlawful for a person to carry any firearm for the pur-
pose of hunting any wild game, bird or creature, while intoxicated or
under the influence of alcohol or any narcotic drug. Any person so
doing shall be guilty of a misdemeanor and upon conviction [before
any justice of the peace] shall pay a fine of not less than twenty-five
dollars ($25.00) nor more than one hundred dollars ($100.00) and
the costs.

§ 267. Destroying, etc., tombs, trees, etc., in cemeteries.

Any person or persons, or his, her or their aiders or abettors, who
shall wilfully destroy, mutilate, deface, injure or remove any tomb,
monument, gravestone or other structure placed in any cemetery, or
any building, wall, fence, railing or other work, for the use, protec-
tion or ornamentation of any public or private cemetery in this State
or shall wilfully destroy, cut, break, or remove any tree, plant or
shrub within its limits, or who shall be guilty of indecent or disor-
derly conduct within said limits, shall be guilty of a misdemeanor, and
upon conviction thereof in any court of competent jurisdiction[, or
before any justice of the peace] of this State, shall be punished by
a fine of not less than five dollars nor more than five hundred dollars
or imprisonment in the county jail, or in the house of correction, for
not less than thirty days nor more than two years, or by both such
fine and imprisonment in the discretion of said [justice or] court,
according to the gravity of the offense. Nothing in this section shall
be construed to prohibit the removal of the remains of any human
body, or of any monument, gravestone or other marker from an aban-
doned cemetery, provided that the prior consent in writing of the
State's attorney of the county or of Baltimore City shall have been
secured and provided further that such remains, monuments, grave-
stone or other marker is placed in an accessible place in a permanent
cemetery. [Any justice of the peace in this State shall have jurisdic-
tion under this section.]