mocking-bird, swallow, oriole, redbird, catbird, spar-
row, whippowil, wren, pewit, goldfinch, sapsucker,
hanging bird or woodpecker; provided, that nothing
contained in this Act shall be so construed as to pre-
vent the killing or capture of crows, blackbirds, or
birds of prey.
SEC. 2. And be if enacted. That it shall be unlawful
for any person knowingly and unnecessarily to destroy
or disturb the eggs of any of the birds protected by
the provisions of this Act.
SEC. 3. And he it enacted, That any person violating
any of the provisions of this Act shall, on conviction
thereof, be fined in any sum not less than two dol-
lars, and not more than ten dollars for each offence,
with costs of prosecution; and all prosecutions under
tills Act shall be in the name of the State, before
any Justice of the Peace of the election district in
which such violation may occur, and all fines, when
collected under this Act, one-half thereof shall be paid
to the informer, and the other half to the School
Commissioners of the county in which the offence
is committed, to be applied by them to the support
of the public schools of said county.
SEC. 4. And be it enacted, That the possession, by
any person within said counties, of any of the birds
protected by this Act, as shot, killed, or otherwise
destroyed, shall be " prima facie " and sufficient evi-
dence to make such person liable for the fine for
the violation of the provisions of this Act, and it
shall be the duty of all constables of said counties to
arrest all persons they may detect in, or who may be
charged with the violation of any of the provisions
of this Act, and take them before the nearest Justice
of the Peace, to be dealt with as directed by this Act.
SEC. 5. And be it enacted. That this Act shall take
effect, and be in operation from the date of its pas-
sage.
Approved April 1, 1872.
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Proviso
Eggs not to
be destroyed
Persons
violating
Penally for.
Possession
prima facie
evidence.
In force
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