ART. 99] WILD FOWL——BIRDS AND GAME. 909

If any such power boat or boats impelled by sail or engines of any
description be found in or near the waters where wild fowl are then
and there using or bedding, having on board guns or other parapher-
nalia commonly employed in the killing of wild fowl, or if any shots
shall be fired from any such boat at or in the vicinity of wild fowl
where bedded in the waters aforesaid, or if any such boat propelled by
engine or sail shall be proven to have moved in the direction of such
wild fowl so bedded, for the purpose of causing such wild fowl to fly
from the place or waters in which they shall have been then and there
bedded, such fact or facts, or any of them, shall be accepted as prima
facie evidence of an intentional violation of the provisions of this sec-
tion on the part of each person on board of such boat, and of the owner-
ship of such boat and of the guns and paraphernalia thereon by the
persons so convicted; provided:

First: That nothing herein contained shall be deemed to prohibit
the proper use of duly licensed and authorized sneak boats for shooting
wild fowl, or duly licensed and authorized push boats, or to prevent
the towing of craft by power boats to and from the shooting grounds,
or to prevent shooting over or gathering wounded or dead wild fowl,
in good faith, from boats propelled only by oars, and not equipped with
either sails or engines, when so used within a reasonable distance from
the shore; and provided,

Second: That any person or persons other than those convicted of
violating the provisions of this section who may own in part or whole
any boat, gun or paraphernalia adjudged to be confiscated or ordered
to be sold, as above provided, may intervene by sworn petition in the
court of such conviction within ten days thereafter, and make claim
to such boat or other property; and upon affirmative proof to the satis-
faction of the court of such ownership and of the further facts that
such owner or owners were, after making due inquiry, as above re-
quired, in fact without knowledge or notice of any kind, direct or indi-
rect, in advance of the use made or intended to be made of such boat,
guns or paraphernelia, and did not, directly or indirectly, participate
therein or connive thereat, and did not, in person or by agent, loan or
rent or permit the use of such boat, guns or paraphernalia to any per-
son or persons who, to his or their knowledge or information, intended
or were likely to violate the provisions of this section, or who had here-
tofore pursued wild fowl on the waters of this State in boats, and did
not in person or by agent or employee act upon such boat as the oper-
ator or navigator thereof, then and thereupon the said court shall strike
out the judgment of confiscation as to so much of said boat, guns or
paraphernalia as the court shall from the evidence affirmatively find
belongs to such bona fide innocent owner, and shall order the sale only
of the remaining share or shares and interest in said boat, guns and
other paraphernalia.