APPENDIX. 317 



Sect. 4. "Whoever between (lie first day of March and the fourth 

 day of duly shoots at or kills any birds upon lands not owned or occupied 

 by himself, and without license from the owner or occupant thereof, shall 

 forfeit to the owner or occupant ten dollars, in addition to the actual 

 damages sustained, to be recovered in an action of tort. 



Sect. 5. Whoever between the first day of March and the first day 

 of duly takes or kills any birds on any salt marshes, or sells any birds 

 so taken or killed, shall forfeit two dollars for every offence : provided, 

 that nothing contained in this section shall prevent the owner or occupant 

 of such lands from taking or killing birds on the land so owned or held 

 by him. 



Sect. 6. Whoever within this state takes, kills, or destroys, any of 

 the birds called grouse or heath hens, or sells, buys, or has in his posses- 

 sion, any of said birds so killed or taken, shall forfeit for every such bird 

 twenty dollars. 



Skct. 7. Whoever kills any grouse or heath hen as aforesaid, upon 

 lands not owned or occupied by himself, and without license from the 

 owner or occupant thereof, shall for each bird so killed forfeit to such 

 occupant or owner ten dollars, in addition to the actual damage sus- 

 tained, to be recovered in an action of tort. 



Sect. 8. When a person is suspected of having in his possession 

 grouse or heath hen taken or killed contrary to the provisions of this 

 chapter, a justice of the peace, or police court, on complaint on oath before 

 him, may issue his warrant directed to the proper officer to search for 

 the same, and the same proceedings may be had as are provided in 

 chapter one hundred and seventy relating to searches and seizures. 



Sect. 9. The provisions of the preceding sections shall not extend 

 to any city in which the city council, nor to any town in which the inhab- 

 itants at their annual meeting, in any year vote to suspend the operation 

 thereof, in whole or in part, and for such term of time not exceeding one 

 year as they deem expedient. 



Sect. 10. Whoever between the hour of sunset and one hour before 

 the sun's rising, on any day between the twentieth day of April ancbthe 

 first day of July, takes, confines, kills, or destroys, any of the birds called 

 plover, curlew, dough bird, or chicken bird, shall for every such bird so 

 taken, confined, killed, or destroyed, forfeit one dollar. 



Sect. 11. Whoever at any time kills or destroys any of the birds 

 mentioned in the preceding section, by the use of any other means or 

 implements than such as are usually employed in fowling or killing wild 

 game, shall for every such offence be liable to the penalty mentioned in 

 said section. 



Sect. 12. Whoever between the first day of January and the first 

 day of August kills or hunts any deer, except his own tame deer or deer 

 kept in his park or on his own land, shall for every such offence forfeit 

 twenty dollars. 



Sect. 13. Whoever at any time of the year hunts, chases, or kills, 

 with hounds or dogs, any deer within the counties of Plymouth or Barn- 

 stable, shall for every such offence forfeit twenty dollars. 



