278 LAWS RELATING TO AGRICULTURE. 



were killed within this state for the purpose of conveying the same 

 beyond its limits ; 



[Common carrier.] Provided, that 'the provisions of this act 

 shall not be construed as applicable to any common carrier into whose 

 possession any of the birds, game or animals herein mentioned, shall 

 come in the regular course of their business for transportation, while 

 they are in transit through this state from any place without this state, 

 where the killing of such birds, game or animals shall be lawful, but 

 nothing in the provisions of this act shall prevent any one having in 

 his possession wild deer during the time when the killing thereof is 

 made penal. 



[Authority of game warden or deputy to open shipments of birds 



or game.] Any game warden or deputy game warden in this state 

 shall have authority and right, at any time, to open packages, boxes, 

 crates or other receptacles, containing the birds, game or animals pro- 

 hibited by this act from being transported without the limits of this 

 state, delivered to a common carrier for transportation out of the state, 

 and shall take and confiscate such birds, game or animals, about to be 

 transported out of the state, and deliver them to some hospital, infirmary 

 or charitable institution. 



SEC. 6965. [Disturbing pigeon-roosts, etc. ; sneak-boats.] Who- 

 ever kills, maims, or discharges any fire-arms at any wild pigeon while 

 on its nesting ground or at its roosting place, or breaks up, or in any 

 way disturbs any pigeon-roost or nesting, or the birds therein, or dis- 

 charges any fire-arms at any wild pigeon within one-half mile of any 

 pigeon-roosting or nesting place, or disturbs or destroys any pigeon eggs 

 or nestlings, or from, or by the aid of any sneak-boat, battery or sink 

 boat, approaches by rowing, paddling, sailing, floating or sneaking, and 

 fires upon any wild ducks, or other water fowls sitting upon or as they 

 rise from the open water of any bay or estuary, excepting only such 

 water fowl as have been previously wounded, shall be guilty of a mis- 

 demeanor, and on conviction, be punished as hereinafter provided in 

 section six thousand nine hundred and sixty-eight. 



SEC. 6966. [For shooting or hunting on lands of another with- 

 out permission.] Whoever, without having first received written 

 permission from the owner, his agent, or the person having the control 

 of any lands, pond, lake, or other private waters, except the waters claimed 

 by riparian right of ownership of adjacent lands, hunts upon the same 

 or thereon hunts, shoots, or shoots at, kills or pursues with the intent to kill, 

 or capture the Virginia patridge, quail, pheasant, prairie chicken, ruffled 

 [ruffed] grouse, blue winged teal, mallard duck, wood duck, squirrel, 

 rabbit, wild turkey, robbins, turtle doves, or any other bird or wild ani- 

 mal, [fowl] or game of any kind or destroys the eggs or nests of any 

 such bird or fowl, shall be deemed guilty of a misdemeanor, and upon 

 conviction thereof, for the first offense, fined not less than five or [nor] 

 more than fifteen dollars, and stand committed until such fine and costs 

 of suit are paid ; and any person convicted for a second offense under 

 this section committed within a year from time of first offense, s-hall be 

 fined not less than five or [nor] more than fifteen dollars, and stand 

 committed until such fine and costs of suit are paid. 



(6966-1) [Jurisdiction in prosecutions; trial.] That justices of 

 the peace, mayors and police judges shall have final jurisdiction in all 



