Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1903-09-25
TEXT oF THE NEW GAME Law
IN KANSAS.
Having Possession OF the Birds Il
Prizna Facie Evidence Of q
Violation Of the Act.

the state OF haHSaS.
Section 1. That section 1. chapter rs
OF the laws Of 1901, be amended so as
to read as follows: ut shall be unl7T.
full for any person or EerSonS at anS
time, except as hereinafter provided,
to hunt, catch, kill, pursue, entrap, or
ensnare any partridge, pinnated grouse
prairie chickens, grouse, quail. p1over
pheasant, oriole, meadow lark, robin
thrush. red-bird, knocking bird, bluejay
blue-bird, wild ducks, wild geese an
wild brant, provided, 1t shall not b
unlawful to shoot grouse, and pratri'
chicken from August Is to October
doves from August 1 to September 10
plover from July Is to September IT,
wild ducks, wild geese and wild braut
from September 1 to April Is OF each
year; provided further that this act
shall not prevent the owner OF orchards
from shooting bluejays and orioles al
any time for the protection OF such or =
chards; and provided it shall not te .
unlawful to shoot quail from NoVembe:
Is, to January 1. -----------
Also, Antelope must not be pursued
trapped or killed for a period OF Ave
years from March 13, 1908; nor quail or
prairie chickens In the counties OF
Hamilton, Scott, Wichita. Greeley
Kingman, Smith,, Sherman, Rocks
Stafford, Gray, Grant, Stanton, Has
kell, Decatur. Hodgeman, Stevens
Morton. F'inney. Crawford and Bourbon
counties for period of three year
from March II, 1903. also; the Mongo
liam or Chinese pheasants shall not b
molested in any manner until afte
February %. 1907.
Owners Formation.
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 occupied
or improved premises, without first
having obtained permission OF the own
er or occupant Of such premises.
Evidence.
Sec. 3. The having in possession by
any person or persons, company or cor
poration of any bird named in section
one of this act, excepting song birds a
any time when the bird so possessed is
not permitted to be shot by the provis-
ions of said section. shall be deemed
prima facie evidence of a violation OF
the provisions of this act.
Scientific Purposes
Sec. 4. The provisions of this act
shall not apply TO the catching or kill
| ing of any wild bird for the sole pur-
| pose of preserving it as a specimen Tor
scientific purposes.
Complaint.
Sec. 5. In a prosecution for a viola
| ton of any provisions Of this act, 1t
| shall not be necessary to state in the
complaint or prove on the trial the true
or pathological name Of the bird
caught, killed, shot, trapped, shared,
| sold Or offered for sale, shipped, or had
| in possession, nor to state in the com
plant or prove on the trial that the
| catching, killing or having in possess
| sion of any wild bird so hereinbefore
| named was not for the sole purpose of
| preserving it as a specimen for scien.
| tific purposes.
Buy or Sell.
| Sec. s. It shall be unlawful for any
| person or persons, company or corpor-
| alton at any time to buy, SELL barter.
ship or offer for same, barter or ship
| ment within the state of Kansas, any
! bird or birds named in section one of
| this act. The having in possession by
| any person, company or corporation
O. any bird or birds named in section
| one of this act, except by person who
| has lawfully killed the same, shall be
| deemed prima face evidence of vio-
| lation of this act.
Common Carriers
Sec. 2. 1t shall be unlawful for any
| railroad, express or transportation
| company or corporation or any agent,
employe or manager of such company.
| to accept within the state Of Kansas,
| for shipment or transfer, any of the
4
| act. The having in possession of any
| OF the birds mentioned in section one
| OF this act by any such railroad, eX-
| press or transportation company or cor
| poration or agent or eInploye or man
ager thereof, shall be deemed prima
tacie evidence of a violation OF this act
Penalty.
| Sec. 8. Any person. or the manager
| agent or employe of any company or
| corporation found guilty of a violation
| of any of the provisions of this acs,
| shall be deemed guilty of a misdemeau-
| or. and upon conviction thereof before
| any court Of competent jurisdiction
| shall be fined in q sum not less THAI
| five dollars nor more than one hundred
| dollars for each and every offense and
| costs, together with an attorneys fee
| of ten dollars, and shall be committed
until such fine, costs and attorneys
fees shall be paid.
Prosecutions.
Sec. 9. That if any county attorney.
| or prosecuting officer. shall neglect, de-
| cline or refuse to prosecute any persons
charged with violation of any-of the
| provisions of this act, any court. judge
| or justice of the peace having juriSdit.
| ton Of the offense may appoint an at
| torney at law TO prosecute such person
| or persons, who shall receive a fee OF
ten dollars in every case where con-
| viction shall be had. to be taxed a.
| costs in such action as provided in
| section eight of this act. But in nc
| event shall the county be held liable for
such fee.
| Game Wardens.
Sec. 10. That all constables and mar
| sEals and police officers in the state OF
Kansas are hereby constituted and ap-
| pointed game wardens, whose duty il
shall be to diligently inquire into and
| prosecute all yiolators of this act; and
4 any officer hereinbefore named, hav-
| ing notice aud knowledge of any such