The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1876-03-30
The Bird Law.

| An Act for the Protection of Birds.
BE enacted by the Legislature Of the State Of haR-
SECTION l. 1t shall be unlawful for any person
or persons to hunt or pursne kill or trap, net or
ensnare, destroy or attempt 60 kill, trap, net, en-
snare or otherwise destroy any wild buck, doe
| or fawn, wild turkey, prairie hen or chicken,
| rutfled grouse, Commonly called partridge or
pleasantly between the first day of January and
| the 18th day of August, in each and every year,
| or any quail between the first day of January
and the first day of November, any woodcock
between January first and July first ; Provided
however, that it shall not be lawful for any per-
son at any time to kill any quail other than up
on the parties own premises unless permission
first he had.
SEC. 2. Any person or corporation violating
any of the provisions of the preceding section
shall forfeit and pay fine of fifteen dollars (Sl5)
for each wild buck, doe or fawn, thus killed,
trapped, netted, ensnared, or otherwise destroy
ed bought, sold, or had in possession and fine
of ten dollars (Sl0) for each wild turkey, prairie
hen chicken, ruffled grouse, pheasant or wood
cock, thus killed, trapped netted, ensnared, or
otherwise destroyed, bought, sold, or had in pos
session as aforesaid
SEC. 3. No person shall Mt any time within
this State, kill attempt to kill, trap, net, en-
snare, or destroy any California quai, turkey
bnZEard, robin, blue bird, swallow, martin, mus
quito hawk, whipporwill, cuckoo, woodpecker,
catbird, brown thrasher, red bird, hanging bird,
bluejay, finch, thrush, lark, cherry bird, yellow
bird, Oriole, bobOlink English sparrow, wren,
phebpeewee, indigo bird, king Bird or other mp
land inseciiverOus birds, or rob OF destroy the
nests of sneh birds, any of them; and every
person offending, on conviction thereof, shall
be fined in a sum not exceeding fiye dollars lS5)
for each and every offense pfOysn; Pr0vited, That
it shall not be necessary on the trial Of any ac-
tion prOsectiOn to prove that the bird killed,
trapped, netted, or ensnared was an upland i'll
seciiverous bird, and provided further, That it
shall not be necessary on the trial of any prose-
cutOn unGer the provisions of this act. to prove
the true name Of the bird caught, killed. trap
ped, netted or ensnared, it being sufficient to
show that q bird was caught, killed, trapped,
netted or ensnared.
SEC. 4. No person shall at any time within
this State, with q trap or net or snare, take
or attempt to trap, snare or take any wild
turkey, prairie chicken, Virginia partridge,
pheasant, grouse or quail, except on his or her
premises anh for his or her family use and any |
person offending, ON conviction thereof, shall |
be hned in a sum not less than hve nor more |
than ten dollars (Sl0) for each and every Oense.
SEC. 5. 1t shall be unlawful for any person to |
Intentionally destroy remove from the nest of
any prairie chicken, grouse, quail or wild tur- |
key, any eggs of such fowl or bird, or for any |
person to buy, SELL have in possessiOn traf- |
hc in such eggs or willfully destroy the nest of |
any such birds OF fowls and any person Of /
Tending, conviction thereof, shall be ined the |
sum of five dollars (s5) for each and every Of
feTse.
SEC. 6. 1t shall he unlawful for any person,
railroad corporation or express company, or any 1
common carrier, knowingly to transport or to
ship, or to receive for the purpose of transport
ing shipping any of the animals wild fowls,
or birds mentioned in this act, in or out of the
State of Kansas; and any common carrier 80 Of
Tending shall forfeit and pay to the State of Kan
sas, for each and every Offense, the sum of one
hundred dollars (SlOO), the same to be recovered
in an action brought in the name of the State of |
Kansas by any person against any such person,
corporation or company, before any court of
jurisdiction IN any county into or |
through which said game may be taken And
any agent of any such person, corporation or
who shall knowingly violate the pro-
visions of this section, by receiving or shipping
any such game, As the agent of sneh persou cor-
pOratiOn company, shall, ON conviction there
Jf be fined in sum not less than ten (lO) nor
more than fifty dollars (S50). And the having
in possession any of the above Birds or animals
recently killed. or taken by any person or per-
SONS, shall be deemed aud held as prma facie
evidence that the same were killed or taken by
The company, corporation or person having pos
,essiOn of the same in violation of the proyis-
ons of this act; Provided, That such penalty
'hail not apply to tue transportation of such
JIrts and animals in transit through this state
rom other states and territories
SIC. q. The provisions of this act shall not an |
ply TO any person who shall kill any of the birds
n animals protected by this act for the sol. Dur
bose OF preserving them as specimens for scien. !
ihe purposes, nor to any person who shall eoI
eet the eggs or nests of any birds for such scien
inc purposes; Provided, That in a prosecution
or the violation of any Of the provisions of this
ct, 1t shall not be necessary for the prosecution
o prove that the killing of the birds or animals
II the taking Of the nests eggs, as the case
nay be, was not done for scientific purposes
SEC. .. All prosecutions or suits under this act |
hall be commenced within three mouths after
he offense Is alleged to have been committed:
na .ne court before whom any action is prose-
uted under provisions Of this act, shall tax as !
art of the costs Of the case against the defend
mt, on conviction, the sum Of ten dollars (sIOl.
o be paid, when collected, to the attorney pros.
cutting such action.