WILD FOWL, BIRDS AND GAME. 335

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 paraphernalia 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 section on the part of each person on
board of such boat, and of the ownership of such boat and of
the guns and paraphernalia thereon by the persons so con-
victed ; 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 on the flats of the Susquehanna,
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 con-
victed 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 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 provisions 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 there-
upon the said Court shall strike out the judgment of confisca-
tion as to so much of said boat, guns or paraphernalia as the