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724 WILD FOWL—-BIRDS AND GAME. [ART. XCIX
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
Avhere 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-
lion 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 per-
sons 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 Avhole any boat, gun or para-
phernalia adjudged to be confiscated or ordered to be sold, as above pro-
vided, may intervene by sworn petition in the court of such conviction
within ten days thereafter, and make claim to such boat or other prop-
erty; and upon affirmative proof to the satisfaction of the court of such
ownership and of the further facts that such owner or owners were,
after making due inquiry as above required, in fact without knowledge
or notice of any kind, direct or indirect, in advance of the use made or
intended to be made of such boat, guns or paraphernalia, 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 person or persons who, to his or their
knowledge or information, intended or were likely to violate the pro-
visions of this Section, or who had heretofore 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 operator or navigator thereof, then
and thereupon the said court shall strike out the judgment of confisca-
tion 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; provided, that
nothing herein contained shall apply to sink boxes nor to motor boats
running with the wind while shooting over decoys, nor to retrieving or
shooting wounded wild water fowl which have been wounded over
decoys, if said sink boxes and motor boats running with the wind while
gunning over decoys or retrieving ducks, wounded or killed over decoys
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