32 



The Avifauna. 



Pheasants. 



626^. Every person who, in the State of Cali- 

 fornia, shall, within three years next after the 

 passage of this Act, hunt, pursue, take, kill, or 

 destroy, or have in his possessiqn, except for the 

 purposes of propagation, any ptieasant, shall be 

 guilty of a misdemeanor. 



Cold-storage, Hotel Keeper, ilarketman, etc. 



626^. Every cold-storage company, person 

 keeping a cold-storage warehouse, tavern or 

 hotel keeper, restaurant or eatiag-house keeper, 

 marketman, or other person, who shall buy, sell, 

 expose, or ofifer for sale, or give away, or have in 

 his possession, ill this State, any quail, bob- 

 white, partridge, pheasant, grouse, dove, or wild 

 duck, during the time it shall be unlawful to 

 kill stich birds, whether taken or killed in the 

 State of California, or shipped into the State 

 from any other State or Territory, or foreign 

 country, shall be guilty of a misdemeanor. 



Sale of Game. 



626/'. Every cold-storage company, and every 

 person keeping a cold-storage warehouse, tavern, 

 hotel, restaurant, or eating house, and every 

 marketman or other person, who shall buy, sell 

 expose or offer for sale, in this State, any quail, 

 bob-white, partridge, grouse, dove, or wild duck, 

 whether taken or killed in the State of Cali- 

 fornia, or shipped into the State from any other 

 State, Territory, or foreign country, except 

 between the fifteenth day of November and the 

 fifteenth day of January- of the following year, 

 shall be guilty of a misdemeanor. 



Caliber of Shotguns. 



627. Every person who shall use a shotgun of 

 ■a larger caliber than that commonly known and 

 designated as a number ten gauge, shall be 

 guilty of a misdemeanor. The proof of the pos- 

 session of said gun in the field, on marsh, bay, 

 lake, or stream, shall he prima facte evidence of 

 its illegal use. 



Song Birds. 



627^. Every person who, in the State of Cal- 

 ifornia, shall at any time hunt, shoot, shoot at, 

 take, kill, or destroy, buy, sell, give away, or 

 have in his possession, except for the purpose 

 of propagation or for educational or scientific 

 purposes, any English skylark, canary, Calif- 

 ornia oriole, humming-bird, throush or mocking 

 bird, or any part of the skin, skins, or plumage 

 thereof, or who shall rob the nests, or take or 

 destroy the 6ggs of any of the said birds, shall 

 be guilty of a misdemeanor. 



Trapping Quail, Partridge, and Grouse. 



631. Every person who shall at any time net 

 or pound, cage, or trap any quail, partridge, or 



grouse, and every person who shall sell, trans- 

 port, or give away, or offer or expose for sale, or 

 have in his possession any quail, partridge, 

 or grouse that has been snared, captured, or 

 taken by means of any net or pound, cage or 

 trap, whether taken in the State of California 

 or shipped into the State from any other State, 

 Territory, or foreign country, is guilty of a mis- 

 demeanor; provided, the same may be taken for 

 the purposes of propagation, written permission 

 having been first obtained from the Game War- 

 den of the county wherein said birds are to be 

 taken. Proof of possession of any quail, par- 

 tridge or grouse which shall not show evidence 

 of having been taken by means other than a 

 net or pound, shall be prima facie evidence in 

 any prosecution for violation of the provisions 

 of this section that the person in whose posses- 

 sion such quail, partridge or grouse is found 

 took, killed, or destroyed the seme by means of 

 net or pound. 



Acts of the Legislature relating to Dif- 

 ferent Kinds of Birds Not Spec- 

 ified in the Penal Code. 

 nocking=Blrds. 



■ An Act to prevent the capture and destruction of 

 mocking-birds in this State. 



[Approved Feb'y 14, 1872; Stats. 187 1-2, p. 102.] 

 Section i. Any person or persons who shall 

 willfully and knowingly shoot, wound, trap, 

 snare, or in any other manner catch or capture 

 any mocking-bird in the State of California, or 

 shall knowingly take, injure, or destroy the 

 nest of any mocking-bird, or shall take, injure, 

 or destroy any mocking-bird's eggs, in the nest 

 or otherwise, in this State, shall be deemed 

 guilty of a misdemeanor, and upon conviction 

 thereof before any Justice of the Peace of the 

 township in which the offence shall be com- 

 mitted, shall be fined in the sum not less than 

 five dollars nor exceeding ten dollars, and the 

 cost of the action, for each offence, or may be 

 imprisoned not less than five days nor more 

 than ten days, or by both such fine and imprison- 

 ment, as the judgement of the Court maj' 

 direct. 



Sec. 2. All fines collected under the provis- 

 ions of this Act shall be paid into the County 

 Treasury for the benefit of the Common School 

 Fund. 



Sec. 3. This Act shall take effect and be in 

 force from and after its passage. 



