The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-11-07
THE BIRD LAW
IN WAKE COUNTY
Specific Act Only Extends General
Close Season On Certain Birds

General Bird Law Forbids Hunting OH
Any Kind March First to November
Tirst-The Specific Law for Wake
County F'Orbids Hunting Partridges,
Turkey, Dove, Robin or Lark From
March First to November Fifteen
The Two Laws in Full With Expla-
nations of Them.
In view Of the confusion as to the
bird law in Wax county it may be
we'll to print the law itself. In the
Legislature Of 1909 two acts were
passed fixing the date for the hunting
season. Chapter SIS of the Laws of
1909 was the first act passed in tina
Legislature. It was ratified on the 9Th
day Of March. 1903, and it reads as
follows:
Section 1. That sections n thou
sand eight hundred and eighty-four,
one thousand eight hundred and eigh-
ty-fve and n thousand eight h IN
dred and eighty-six Of the Revisal of
one thousand nine hundred and five
be amended by adding at the end Of
each OF said sections the following:
Wake, from the first day of March to
the fifteenth day OF November
Sec. 2. That this act shall apply
only to Wax county.
Sec. 8. That this act shall be in
force from and after it's ratification"
Chapter 1913 Of the Laws of 1909
was ratified on the 8th day OF March,
1909. It reads as follows:
Section /. That it shall be unlawful
in Wake county to hunt with gun or
dog, Or in any other manner between
the first day of Mare and the first
day Of November Of each and every
year; and that any person violating
this section of this act shall be guilty
of a misdemeanor, and upon convic-
ton shall be punished by a fine Of not
less than five dollars and not more
than ten dollars or imprisoned not
more than thirty days.
Sec. 2. That any person found in
possession, between the dates men
toned in section one hereof, of any
dead game shall be presumed prima
facie to have killed the same in vio-
lation Of this act.
"Sec. 8. That this act shall be in
force from and after it's ratification"
The rule Of Interpretation is hat in
case Of conflict the las law super
sedes the first, but the question here
for the lawyer is, does the last law
conflict with the first? That is. does
the law tina was ratified the 9Th day
of March, 1909, conflict with the law
ratified on the 8th day Of March,
1909? About this lawyers may differ.
1t will be noticed that the law rati-
fed on the 9Th day Of March, 1909, is
in the nature Of an amendment to the
Revisal Of 1905, being the general
game law Of State. That law re-
lates in sections referred TO, tO-wit:
Sections one thousand eight hundred
and eighty-four, one thousand eight
hundred and eighty-flve and one thou
sand eight hundred, and eighty-six
and fixes the close season for quail,
Partridge, wild turkey, doves. robins
and larks, and has the following eff
feet:
The close season or- time in each
year during which quail, partridge.
wild turkey, doves, robins and larks
shall not be shot or in any manner
hunted, taken or captured shall be
from the first day Of March to the
first day of November, except as to
those counties for which a different
time is stated.
III act ratified on the 9Th day OF
March, 1905 states q different time for
Wake county, to-wit: First day Of
March to the fifteenth day Of 1toyem
Der.
We are, then, in the position Of nav
ing two acts passed within three days;
and as to whether they conflict that is
q matter rather difficult to be deter
mined. The Acknowledgement is said
to be Of the opinion that they do con-
fict, and, therefore, the last act con-
trolls and the hunting season opened
November first. On the other hand.
enc act says that no partridge, turkey
dove, robin or lark shall be hunted
from March first to November 10, and
the other says hat it shall be unlaw-
full to hunt with gun or dog in Wake
county from the first day of March to
the first day of November. The one
is general. It forbids hunting Of any
kind from March first to November
first. The other is specific and par
ticularly forbids hunting certain game
birds from March first to November
fifteenth. It appears that the specific
act simply extends the general close
season for certain birds. and does not
conflict with it. In this view OF the
matter it is unlawful to hunt par
ridges, turkey, etc, before November
fifteenth.
eff [ should put $1,000 in a BANK
that paid compound interest at the
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