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SEC. 4. And be it enacted, That every person who
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shall be adjudged guilty of the violation of any pro-
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Penalty.
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vision contained in the aforegoing sections, before
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any justice of the peace of the said counties, shall
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be fined the sum of five dollars, and the gunning
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and other shooting apparatus of the party so con-
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victed, shall be forfeited and sold under the direction
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Fines— to
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of the justice of the peace adjudging such forfeiture,
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whom paid.
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one-half of all fines so imposed, and forfeitures so
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adjudged, to go to the informer, and the other half
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to the school fund of the county in which the offence
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was committed, and all costs of such prosecution to
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be paid by the party convicted.
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SEC. 5. And be it enacted, That the possession of
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Possession
prima facie
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any live partridge shall be prima facie evidence that
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evidence.
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the person having the same, trapped said partridge ;
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and the possession of any dead bird by a non-resi-
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dent, at any time, or of any dead ortolan, sora, rail
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or partridge, within the time prohibited for shooting
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the same, shall be prima facie evidence that the per-
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son so possessing it shot the same.
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SEC. 6. And be it enacted, That every justice of the
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Jurisdiction.
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peace in said counties, shall have jurisdiction to try
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all cases within his county respectively, where any
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person or persons shall be charged with the viola-
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tion of this act; and it shall be the duty of every
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constable in said counties, to report all violations of
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this law within his knowledge, and to give the names
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of the parties so violating the same, and of the
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witnesses of said violation, to some justice of the
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peace within the county respectively, whose duty it
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shall be to bring said offenders to a speedy trial ;
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Fines— to
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and said constable shall be entitled to one-half of the
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whom paid.
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fine or forfeiture, as in the case of other informers.
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SEC. 7. And be it enacted, That any person think-
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ing himself aggrieved by the judgment of any justice
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May appeal.
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of the peace in any trial for the violation of this act,
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may appeal to the Circuit Court for said county in
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Proviso.
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which said trial was had; provided, he shall give
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notice of said appeal within five days after the rendi-
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tion of said judgment, and shall, within ten days
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after the rendition of such judgment, deliver to said
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justice an appeal bond, executed to the State ot
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