:V2 



OR^'ITHOLOGIST 



[Vol. l^No. 2 



that 'any incorporated society of natural his- 

 tory in tliis state may designate any proper 

 person of the age of eighteen and upwards, to 

 whom a certificate may be granted,' " etc. He 

 then adds: "This is all very well, but are we 

 to wait an indefinite length of time for some 

 society (to whom we may be unknown) to 

 'designate' us?" 



In answer I append a correct transcript of 

 the only part of the law to which the above 

 can refer. The law says, § 4: "Certificates may 

 be granted by any incorporated society of 

 natural history in the state, throwjh such per- 

 anns or officers as said society may designate, to 

 any properly accredited person of the age of 

 eighteen years or upward, permitting the 

 holder thereof to collect birds, their nests or 

 eggs, for strictly scientific purposes only. In 

 order to obtain such certificate, the applicant 

 for the same must present to the perst>n or per- 

 sons having the power to grant said certifi- 

 cates, written testimonials from two well- 

 known scientific men, certifying to the good 

 character and fitness of said applicant to be in- 

 trusted with such privilege," etc. 



It is thus evident that your correspondent is 

 laboring under a misapprehension as to just 

 what tlie provisions of the law are in respect to 

 granting permits for collecting birds for scien- 

 tific purposes. I heartily sympathize with your 

 correspondent in respect to the age limit re- 

 quired by the law, as the other provisions of 

 the law amply guard against permits falling 

 into the hands of improper persons. 



I enclose herewith a copy of the New York 

 law, entitled "An Act for the Preservation of 

 Song and Wild Eiids." pa^^cd May ^0. 1S86. 

 Very truly yours, 



New York, X.Y. -J- -l- Allen. 



THE NEW YORK LAW. 



(ha]). 427. 



AX ACl' 



Folt THE PitESERVATIOS OF SOXG AND WILD lilUDS. 



Passed May 20, 1886; three-flltlis being present: with- 

 out the approval of the (Jovernor.* 



The People of the State oj New York, repre- 

 sented in Senate and Assembly, do enact as 

 follows : 



Section 1. Xo per.son in any of the counties of this 

 State, shall kill, wound, trap, net, snare, catch, with 

 bird lime, or with any similar substance, poison or drug' 

 any bird of song or any linnet, blue bird, yellow ham- 

 mer, yellow bird, thrush, woodpecker, cat bird, pewee, 

 swallow, martin, bluejay, oriole, kildee, snow bird, 

 grass bird, gross beak, bobolink, phoebe bird, humming 

 bird, wren, robin, meadow lark or starling, or any wild 

 bird, othjr than a game bird. Nor shall any per.'ion 



* Not returned by the (iovernor within ten tlays after 

 it was presented to him, and became a law without his 

 signature. [Art. iV. Sec. !i. Constitution of the State of 

 NeW|York.] 



purchase, or have in possession, or expose for sale any 

 such song or wild bird, or any part thereof, after the 

 same has been killed. For the purposes of this act the 

 following only shall be considered game birds : the 

 Anatidfe, commonly known as swans, geese, brant, and 

 river and sea ducks; the Rail Ida', commonly known 

 as rails, coots, mud-hens and gallinules ; the Limicohp, 

 commonly known as shore birds, plovers, surf-birds, 

 snipe, woodcock, sand pipers, tatlers, and curlews ; the 

 Gallinae, commonly known as wild turkeys, grouse, 

 prairie-chickens, pheasants, partridges and (juails. 



§ 2. No per>on shall take or needlessly destroy the 

 nest or eggs of any song or wild bird. 



§ 3. Sections one and two of tliis act shall not apply 

 to any person holding a certificate giving the right to 

 take birds, and their nests and eggs, for scientific pur- 

 j)oses, as provideil for in section four of this act. 



§ 4. Certificates may be granted by any incorporated 

 society of natural history in the State, through such jier- 

 sons or officers as said society may designate, to any 

 properly accredited i)erson of the age of eighteen years 

 or upward, permitting the holder thereof to collect 

 birds, their nests or eggs, for strictly scientific i)urposes 

 only. In order to obtain such certificate, the ajjplicant 

 for the same must present to tlie person or persons 

 having the power to grant said certificate, written tes- 

 timonials from two well-known scientific men, certify- 

 ing to the good character and fitness of said ajiplicant 

 to be intrusted witli sucli privilege; must pay to said 

 persons or officers one dollar to defray the necessary 

 expen.-.es attending the granting of such certificates ; 

 and must file with said jier.-ons or oHiccrs a i)roi)crly 

 executed bond, in the svun of two hundrcil dollars, 

 signed by two responsible citizens of the State as sure- 

 ties. Tliis bontl shall be forfeited to the State, and the 

 certificate become void, upon proof that tlie holder <»f 

 such a certificate has killed any bird, or taken the nest 

 or eggs of any bird, for other than the purpo:5es named 

 in sections three and four of this act, and sliall be fur- 

 ther subject for each such offense to the jjenalties pro- 

 vided tlierelor in section^ one and two of this act. 



§ 5. The certificates authorized by this act .'-hall Le in 

 force for one year only from the date of their is^ue, and 

 shal (.not be traiir-ftrable. 



§ 6. The Englich or European hou^e-sparrow (Passer 

 domesticus) is not included among the birds protected 

 by this act. 



§ 7. Any pe^^on or per.sons violating any of the pro- 

 visions of this act shall lie deemed guilty of a uiisde- 

 meanor, p>niishable by imprisonment in the county .ia 1 

 or penitentiary, of not less than five or more than thirty 

 days, or to a fine of not less than ten or more than fifty 

 dollars, or both, at the discretion of the court. 



§ 8. In all actions for the recovery of penalties under 

 this act, one-half of the recovery shall belong to the 

 plaintitt', and the remainder ^ hall be paid to the county 

 treasurer of the county where the ottense is committed, 

 except if tlie offense be committed in the city and 

 county of New York, the remaining one-half shall be 

 paid to the chamberlain of said city. 



§ 9. All acts or parts of acts inconsistent with, or 

 contrary to the prf)visions of this act, are hereby re- 

 pealed. 



§ 10. This act shall take effect immediately. 

 Statk of New Yt)KK, | 

 Office of the Secretary of State, ) *'*'■ • 



1 have compared the preceding with the orig'nal law 

 on file in this office, antl do hereby certify that the 

 same is a correct transcript therefrom and of the whole 

 of said original law. 



Fkedkuick Cook, Secretary of State. 



