The advocate., 1897-04-14
Published April IA, 1917
Substitute for House Bills Nos "a and 269.
AN ACT

sale and shipment OF birds, prescribing q
punishment for the violation OF this act,
and TO repeal chapter 1877 Of the laws OF 1872,
chapter As Of the general statutes Of 1889, and
chapter 97 Of the laws OF 1898, and all acts in
conflict herewith.
Be Il enacted by the Legislature Of the State of
Kansas:
SECTION 1. 1t shall be unlawful for any per-
SON or persons, at any time, except as herein
after provided, to hunt catch, kill, shoot,
pursue, entrap or ensnare any partridge, pin
mated grouse or prairie chicken, grouse, quail,
pheasant, oriole, meadow-lark, robin, thrush,
red bird, mocking bird blue jay, turtle-dove,
yellow hammer or blue bird; Provided, 1t
shall not be unlawful to shoot grouse, and
prairie chicken or quail during the months Of
October and November OF each year: Pro-
Uided furthermore that this act shall not pre-
vent the owner of an orchard from shooting
blue jays, orioles or yellow hammers at any
time.
SEC. 2. 1t shall be unlawful for any person or
persons at any time to shoot, hunt or pursue
any wild or game-bird upon the occupied or
improved premises of another or upon any
travelled or public road that adjoins such oc-
cupied or improved premises, without hrst
having obtained permission OF the owner or
occupant OF SuCn premises.
SEC. g. The having in possession, by any per-
son or persons, company or corporation OF any
bird named in section 1 of this act, excepting
song birds, at any time when the bird so pos
Sessed is not permitted to be shot by the pro-
visions Of said section, shall be deemed prima
tdcje evidence Of violation Of the provisions
Of this act.
SEC. 4. The provisions Of this act shall not
apply to the catching or killing OF any wild
bird for the sole purpose Of preserving 1t as a
specimen for scientific purposes.
SEC. 5. In q prosecution for violation OF
any Of the provisions Of this act, 1t shall not
be necessary to state in the complaint, or
prove on the trial, the true or ornithological
name Of the bird caught, killed, shot, trapped,
shared, sold or offered for sale, shipped or had
In possession, nor to state IN the complaint or
prove on the trial that the catching killing, or
having In possession Of any wild bird 80 here
1nbefore named, was not for the sole purpose
Of preserving 1t as a specimen for scientific
purposes.
SIC. 6. It shall be unlawful for any person or
persons, company or corporation, at any time,
Obuy, SELL barter, ship or offer for sale, barter
or shipment, within the State of Kansas, any
bird or birds hamed in section one of this act.
The having in possession by any person, COM
psny or corporation OF any bird or birds named
in section one Of this act, except by person
who has lawfully killed the same, shall be
deemed prilnG IGcie evidence Of violation OF
this act
SEC. Z. 1t shall be unlawful for any railroad,
express or transportation company or cor
poration, or any agent, employee or manager
OF such company to accept, within the State
OF Kansas, for shipment or transfer, any Of the
birds mentioned In section one OF this act.
The having in possession Of anY OF the birds
mentioned In the first section OF this act by
any such railroad express or transportation
company or corporation, or agent or en-
ployee or manager thereof shall be deemed
pT5mG tGcSe evidence Of violation of this act |
SEC s. Any person, or the manager, agent
or employee OF any company or corporation |
found guilty Of violation Of any Of the pro- |
visions OF this act, shall be deemed guilty Of |
m1sdemeanor, and upon conviction thereof, |
before any court Of competent jurisdiction, |
shall be fined In sum not less than five 1857 |
dollars nor more than one hundred ($lOO) dol |
lars, for each and every Offense, and costs, TO-
gether with an attorneys fee Of ten ($lO) dol |
lars, and shall be committed until such fine, |
costs and attorneys fee shall be paid.
SRc. 9. That il any County Attorney, orpros. |
ecuting officer, shall neglect, decline or refuse
to prosecute any persons charged with viola
tion OF any Of the provisions of this act any |
court, judge, or justice of the peace having |
jurisdiction Of the offense, may appoint an
attorney-at.law to prosecute such person or |
persons, who shall receive q fee Of ten (SlO) |
dollars in every case where conviction shall |
be had, to be taxed as costs in such action as |
provided in section eight of this act. But in /
no event shall the county be held liable for /
such fee.
SEC. 10. That all constables and maFshals,
and police officers in the State of Kansas, are |
hereby constituted and appointed game war 1
dens, whose duty it shall be to diligently in !
quire into and prosecute all violators of this |
act, and any such officer hereinbafore named. |
having notice and knowledge Of any such vio-
lation Of any OF the provisions Of this act,