JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 159
or destroy any blue-birds, swallows, martins, cat-
birds, woodpeckers, sparrows, wrens, whip-poor-wills
or any other insectivorous birds at any season of the
year, under the penalty of two dollars for each bird
so taken or destroyed.
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Penalty.
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SEC. 2. And be it enacted, That it shall not be law-
ful for any person to kill or lake any wild-turkey by
means of any blind, trap, snare, net or device what-
ever, between the first day of January and the fif-
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Not lawful.
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teenth day of September in each year, under a pen-
alty of five dollars for each and every wild-turkey so
killed, taken or destroyed.
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Penalty.
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SEC. 3. And be it enacted, That it shall not be law-
ful for any person to kill, or take any pheasant be-
tween the first day of January and the fifteenth day
of August of each and every year, or snare, or in any
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Not lawful.
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way entrap any pheasant during any season of the
year whatsoever, under the penalty 0f five dollars for
each and every pheasant so killed, taken or destroyed.
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Penalty.
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SEC. 4. And be it enacted, That it shall not be law-
ful for any person to kill or destroy any partridge
between the first day of January and the first day of
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Not lawful.
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November, under the penalty of five dollars for each
and every partridge so killed, taken or destroyed.
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Penalty.
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SEC. 5. And be it enacted, That no person shall, at
any time during the year, wilfully destroy the eggs
or nests of any such birds as are named in this act,
under the penalty of two dollars for each and every
offence.
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Shall wilfully
destroy.
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SEC. 6. And be it enacted, That the possession by any
person within the county of any of the birds men-
tioned in this act, as shot, killed, or any wise destroyed,
shall be prima facie evidence to commit under this
act.
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Evidence to
convict.
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SEC. 7. And be it enacted, That any person offend-
ing against the provisions of this act, and being con-
victed thereof before any justice of the peace in said
county, or by the oath or affirmation of one or more
witnesses, shall forfeit the fines named in this act,
one-half to the use of the school fund of the county,
and the other half to the use of the informer, and if
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Offending.
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