568 GAME LAWS. 



under the statute making it a misdemeanor to have in posses- 

 sion such game during the close season.^^ 



Killing wild animals in close time when they are pursuing 

 and destroying the defendant's domestic animals is not a 

 violation of the game laws." Where the statute prohibited 

 the shooting of certain game in the night-time, it was held 

 error to instruct that night ends one hour before sunrise, as 

 it is day when there is daylight enough by which to dis- 

 cern a person's face.^^ A statute making it an offense 

 to have in possession a certain kind of game "from the first 

 •day of January to the first day of October" will be construed 

 as reading "between the first day of January and the first day 

 of October." »« 



Where a statute imposed a penalty for the killing or expos- 

 ure for sale or possession of "eagles ... or song birds," it 

 was held that exposing live birds for sale in a shop was not 

 a violation thereof, as the purpose of the statute was to pre- 

 vent the destruction of birds and prohibits the possession and 

 ■sale of dead birds only.^^ 



One starting to hunt prairie chickens with a loaded gun in 

 the close season is not thereby attempting to kill prairie 

 chickens in violation of statute, so as to forfeit the benefit 

 of an accident insurance policy.^* 



130. Right to Shoot in Private Lands The right that a man 



lias to hunt and shoot game on his own land, subject, of course, 

 to the Game Laws, may be transferred to others. The grant 



°' Haggarty v. St. Louis Ice Manufg. & S. Co., 143 Mo. 238. 



" Aldrich v. Wright, 53 N. H. 398, where four minks were killed while 

 pursuing geese. 



™ Klieforth v. State, 88 Wis. 163. 



'"■ State V. Stone ( R. I.), 38 Atl. Rep. 654. 



" Peo. V. Fishbough, 134 N. Y. 393. 



™ Cornwell v. Fraternal Ace. Assn. of Amer., 6 N. D. 201, where it is 

 also held that hunting gatne with a loaded gun or trying to scale a bank 

 under such circumstances is not a ''voluntary exposure to unnecessary 

 ■danger." 



