APPENDIX. 269 



or the nests or birds therein, or discharge any fire-arm at 

 any distance within one fourth mile of such nesting place 

 at such pigeon. 



WILD FOWL. 



SEC. 4. No person shall kill or expose for sale, or -have 

 in his possession after the same is killed, any wood duck 

 (commonly called black duck), gray duck (commonly called 

 summer duck), mallard or teal duck, between the first day 

 of "February and the fifteenth day of August in each year. 

 No person shall at any time kill any wild duck, goose, or 

 other wild fowl, with or by means of the device or instru- 

 ment known as swivel or punt gun, or with or by means of 

 any gun other than such guns as are habitually raised at 

 arm's length, and fired from the shoulder, or shall use any 

 such device, or instrument or gun, other than such gun as 

 aforesaid, with intent to kill any such duck, goose, or other 

 wild fowl. No person shall in any manner kill, or molest 

 with intent to kill, any wild ducks, geese, or other wild fowl, 

 while the same are sitting at night upon their resting-places. 

 But this section shall not apply to waters of Long Island 

 Sound or the Atlantic Ocean. 



PENALTY FOR VIOLATION. 



SEC. 5. Any person violating the foregoing provisions 

 of this act shall be deemed guilty of a misdemeanor, and 

 shall likewise be liable to a penalty of fifty dollars for each 

 offence. 



INSECTIVOROUS BIRDS. 



SEC. 6. No person shall at any time, within this State, 

 kill or trap, or expose for sale, or have in his possession, 

 after the same is killed, any eagle, fish-hawk, night-hawk, 

 whippoorwill, finch, thrush, lark, sparrow, yellow-bird, brown 

 thresher, wren, martin, swallow, tanager, oriole, woodpecker, 

 bobolink, or any other harmless bird, or any song-bird ; or 



