JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 45
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or branch robin, hanging bird or woodpecker ; pro-
vided that nothing contained in this act shall be so
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construed as to prevent the killing or capture of
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crows or blackbirds.
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SEC. 2 And be it enacted, That it shall be unlaw-
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ful for any person to destroy or disturb the eggs of
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Unlawful
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any of the birds protected by the provisions of this
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act.
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SEC. 3. And be it enacted, That any person vio-
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lating any of the provisions of this act shall, on
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conviction thereof, be fined in any sum not less than
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two dollars and not more than ten dollars for each
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Penalty.
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offence, to which shall be added the costs of the
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prosecution ; and all prosecutions under this act shall
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be in the name of the State, before a justice of the
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peace of the election district in which said violation
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shall have occurred ; and one-half of all fines col-
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lected under this act shall be paid to the informer,
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and the other half to the Commissioners of Somerset
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county, to be applied by them to the support of the
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public schools of said county.
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SEC. 4. And be it enacted, That the possession by
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any person within said county of any of the birds
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protected by this act as shot, killed or otherwise de-
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stroyed, shall be prima facie evidence to make such
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Evidence to
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person liable for the fine for the violation of the
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convict.
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provisions of this act ; and it shall be the duty of
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the constables of said county to arrest all persons
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they may detect in or who may be charged with the
violation of any of the provisions of this act, and to
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take them before the nearest justice, to be dealt with
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as hereinbefore directed.
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SEC. 5. And be it enacted, That this act shall take
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In force.
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effect from the date of its passage.
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Approved February 21, 1878.
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