The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1877-03-22
The New Bird Law.

AN ACT for the protection of birds,
aud to repeal chapter 81 of the laws
of 1876
Be IL enacted by the Legislature Of the
State of Kansas:
SECTION l. Ii shall be unlawful for
any person or persons, at any time, to
catch, Kill or trap, net or ensnare, or
to pursue with such intent, any wild
bird, except the wild goose, duck, hawk
owl and snipe; and any person or per-
sons violating the provisions of this
| act shall be fined in any sum not more
han fifteen dollars, nor less than five
dollars, for each and every oflense, TO
be recovered in ny court of competent
jurisdiction, in the proper county.
Provided. That it shall not be unlaw-
ful to kill the prairie chicken between
The first day of August and the first
day of February, and it shall not be
unlawful TO kill quail from the first
day of October to the first day OF jan
uary of each year: And provided fur
Their, II shall not be necessary on the
trial of any action or prosecution to
prove tho true name of the bird caught
killed, trapped, netted or ensnared, it
being sufficient to show that a wild
bird other than those excepted i'll this
act was caught, killed, trapped, melted,
or ensnared. by the defendant or de-
PENDANTS.
SEC. 2. 1t shall be unlawful for any
person Intentionally TO destroy or re-
move from the nest of any wild bird
any eggs or the young of such bird, or
for any purpose to buy, sell or have in
possession, or traffic in such eggs, or
willfully destroy the nest of any wild
bird: and any person so offending, on
conviction thereof, shall be fined in the
sum of five dollars for each and every
onense.
SEC. 8. 1t shall be unlawful for any
person. railroad corporation or express
company, or any common carrier,
knowingly to transport, or ship, or TO
receive for the purpose of transport
ing or shipping any wild bird in or out
of the State of Kansas and any COM
mon carrier so offending shall be fined
in the sum of 800 for each and every
offense, to be recovered in any action
brought in the name of the State of
Kansas by any person against any
court of competent jurisdiction, in
any county into or through which said
game may be taken, and any agent of
such person, corporation or company.
who shall knowingly violate any of the
provisions OF this section, by receiving
or shipping any such game, as the
agent of such person, corporation or
company shall, on conviction thereof,
be fined in sum not less than ten nor
more than fifty dollars for each effense;
aud the Eavinf in possession any wild
bird, dead or alive, shall be deemed
and held prtmG facie evidence that
the same were killed or taken by the
COMPANY, corporation or persons hav-
ing possession of the same. in viola
ton of the provisions of this act:
Provided, That such penalty shall not
apply to the transportation of snch
wild birds in transit through this State
from other States and Territories, or
to the importation of insectiverous
birds.
SEC. 4. The provisions of this act
shall not apply to any person who shall
kill or catch any wild bird or birds for
the sole purpose of preserving them as
specimens for scientific purposes, nor
TO any person who shall collect the
eggs or nests of any wild birds for
such scientific purposes Provided,
That in prosecution for the violation
of any of the provisions of this act it
shall not be necessary for the prosecu-
ton to prove that the killing or catch
ing of any wild bird, or the taking of
the nests or eggs, as the case may be,
was not done for scientific purposes.
SEC. 5. All prosecutions or suits I'M
der this act shall be commenced with
in three months after the offense is al
legged to have been committed, and the
court before whom any action Is pros
ecuted under the provisions of this
act.shall tax as part of the costs in the
against the defendant on conviction
the sum of ten dollars, to be paid
when collected, to the attorney prose-
cutting such action.
SEC. 6. Chapter 50 of the session
laws of 1876 is hereby repealed.