ZOOLOGICAL DEPARTMENT. 7 



injure the nest of any wild duck or other wild fowl, nor in any manner kill or molest 

 the same at night or at any other time on their nesting places. . 



2215q. SEC. IT. No person or persons shall sell or expose for sale, or have in his 

 possession for the purpose of selling or exposing for sale, any of the kinds or species of 

 birds or animals protected by this act after the expiration of eight days next succeed- 

 ing the times limited and prescribed for the killing of any such birds or animals : Pro- 

 vided, however, That it shall be lawful to expose for sale and to sell any live quail for 

 the purpose of preserving the same alive through the winter. And it shall also be 

 lawful for any person to take alive, on his own premises, at any time and in any man- 

 ner, any wood duck, teal duck, or mallard duck, or wild turkey, for the sole purpose of 

 domestication or for scientific or breeding purposes, and possession and transportation 

 alive of such wild fowl, so taken on one's own premises, may be had for any such pur- 

 pose : Provided. That in any prosecution for violation of any of the provisions of this 

 act, the person claiming the benefit of this section shall prove on the hearing or trial 

 that in good faith he so took alive such wild fowl or fowls for one of the purposes 

 specified in this section, and if prosecuted for transporting them, that he is in good 

 faith transporting them alive for such purpose; and it shall not be necessary for the 

 prosecution to aver or prove that the taking alive of any such wild fowl or fowls vva& 

 not done for domestication or for scientific or for breeding purposes. 



J2ir>r. SEC. 18. Any person or persons violating any of the foregoing provisions of 

 this act. shall be deemed guilty of a misdemeaner, and shall likewise be liable to a 

 penalty of fifty dollars for each offense, and shall, on conviction thereof, stand com- 

 mitted to the common jail of the county until such penalty is paid : Provided, That 

 such imprisonment shall not exceed thirty days. 



2215s. SEC. 19. Any person who shall, at any time, within this state, kill any robin, 

 nighthawk. whippoorwill, finch, thrush, lark, swallow, yellow bird, blue bird, brown 

 thrasher, wren, martin, oriole, woodpecker, bobolink, or any song bird, or rob the nests 

 of such birds, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall 

 be fined five dollars for each bird so killed, and for each nest so robbed, or confined in 

 the county jail for ten days, or both such fine and imprisonment, in the discretion of 

 the court. 



2215t. SEC. 20. That any railroad, express company, or other common carriers, or 

 any of their agents or servants or other persons having any of the above named birds 

 or animals in their possession for transportation, or shall transport the same after the 

 expiration of five days next succeeding the tirqe limited and prescribed for the killing 

 of such birds and animals, shall be punished by fine not less than ten dollars nor more 

 than one hundred dollars: Provided, That no such penalty shall apply to the trans- 

 portation of live quail which are to be kept alive throughout the winter, or to the 

 transportation of such birds or animals in transit through the state from other states 

 where it is lawful to kill such birds or animals at the time of such transportation. 



215u. SEC. 21. No person or persons shall use any gun or guns, or fire-arms to 

 maim, kill or destroy any wild pigeon or pigeons, at or within five miles of the place or 

 places where they are gathered in bodies for the purpose of brooding their young, 

 known as pigeon nestings; and no person or persons shall use any gun or guns, or fire- 

 arms, to maim. kill, or destroy, any wild pigeon or pigeons within their roostings, any- 

 where within the limits of this state: and no person or persons shall, with trap, snare, 

 or net, or in any other manner, take, or attempt to take, kill or destroy, or attempt to 

 kill or destroy, any wild pigeon or pigeons, at or within two miles of such nesting place 



