The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05

stitute a violation of this section by
such person or common carrier.
b. Within the state. A person If
( accompanying the same may trans
port within the state in one day, dur
ing the open season therefor, the num-
/ Der or limit of wild game or fish the
sale of which is prohibited by law
that he may lawfully take in one day.
II such game or fish be placed in the
custody of common carrier or trans
ported in package, the said game or
fish or a package containing the same,
shall have affixed thereto tag plainly
marked with the kind and number Of
such game or fish, the names of the
consignor and the consignee, the in.
itial point of billing and destination
C. Out of the state. Wild game
or fish protected by law If taken by
a nonresident may be transported by
! him from a point within the state TO
point out of the state, provided the
| same shall be accompanied by the
actual owner thereof, and the said
owner shall have first procured from
the commission a license so to do.
! Such wild game or fish must be tagged
and marked as provided in this sec
tion, and no more of any kind of
such wild game or fish shall be trans
/ ported than the owner thereof may
lawfully take in one day. Game i'm
| ported from without the United States
or raised in private preserves as pro-
vided in this ct when duly marked
| and tagged may be transported out of
4 the state unaccompanied by the own
er thereof in any number and guam
tity
Sec. 5. Transportation, special
Game and fish for propagation pur
/ poses, the head, hide, feet or fur of
quadrupeds and the plumage or skin
of game birds legally taken and pos
sessed may be transported without
being marked as provided in section
of this act.
Sec. G, Prohibited sale of certain
| birds The dead bodies of birds be-
longing to all species or sub-species,
native to this state, protected by law
or belonging to family, any species
| or sub-species Of which is native to
this state and protected by law. shall
not be sold, offered for sale. or pos
sessed for sale for food purposes with
in this state whether taken within or
without this state, except as permit
ted by duly au ,horized game breeders.
! Sec. Z. Presumptive evidence. Pos
session of quadrupeds, birds or fish,
or any part thereof during the time
when the taking Of the same in this
state Is prohibited, or when the pos
| session of the same after the close Of
I tho 10, -. 60 . g
is permitted, shall be presumptive evil
/ dence that the same was unlawfully
taken by the possessor.
| Sec. s. Payment for damage by
deer.
a. Appraisal, payment. A person
who suffers loss of or damage to
/ crops, fruit trees or shrubbery by
deer, may, within ten days after such
! damage occurs, notify in writing the
/ chairman of the board of selectmen
of the town wherein such damage was
/ done or loss suffered, who shall pro
/ coed TO the premises where such dam
! age was done or loss suffered, and de-
| termine whether the same was in
tiicted by deer on land that has not
! been posted against the hunting of
deer; and, If he does so determine,
said selectman shall notify the coun-
| ty fish and game warden and, if said
warden also determines that such
damage or loss was caused by deer.
said selectman and warden shall de.
termine and appraise the amount
thereof and return a certificate there.
of under oath to the auditor of &C.
counts, who shall draw an order in
favor oil such person for the amount
stated in such certificate. In case said
selectmen and warden fail to agree
as TO the amount of such damage. thew
shall appoint a disinterested person.
with whom they shall appraise the
] amount of such damage and return n
certificate thereof. under oath. to the
auditor of accounts. A certificate of
the amount of such appraisal shall be
approved by the fish and game COM
missioner before the auditor of &C.
counts draws an order therefor But
no person shall receive any sum for
damage done upon land posted against
the hunting of deer
b. Fees of appraisers. Said select.
man shall receive out of the treasury
of the town for such service one dol.
lar, and twelve cents a mile one way
for necessary travel; and in case II Is
necessary 10 select a third appraiser
as provided IN the preceding section.
said appraiser shall receive the same
fees as a selectman, to be paid by
the town.
c. Recovery from town. If select.
man fails to act Upon the failure
Of said selectman to perform the du-
ties prescribed In the second proceed.
ing section, the party suffering the
loss or damage may recover the same,
with costs, Of such town in an action
founded on this section
Sec. Q. Right of citizens to kill deer
damaging crops.
q. A person may pursue, wound
or kill on land owned or occupied by
him, a deer which he can prove was
in the act Of doing actual and sub
stantial damage or injury to a fruit
tree or crop, except grass growing on
uncultivated land and he may author.
ize a member of his family, or a per
son employed by him so 10 pursue
wound or kill a deer. under the cir.
cumstances above specified. The per.
son by whom, or under whose direc.
ton, deer is so wounded or killed.
shall. within six hours report all the
facts relative TO such wounding or
killing. in writing signed by him. Ia
the nearest fish and game warden in
the county or town in which the deer
was so wounded or killed Such re.
port shall state the time and place OF
the wounding or killing and the
amount Of crop destroyed by the deer
A person who so kills a deer, shall
immediately properly dress the lar