48 LEGISLATION FOR THE PROTECTION OF BIRDS. 



ACT PROPOSED BY THE AMERICAX ORXITHOLOGISTS' UNION.* 



An Act for the protection of birds and their nests and eggs. 



Section 1. No person shall, within the State of , kill or catch or have in his 



or her possession, living or dead, any wild bird other than a game bird, nor shall 

 purchase, offer, or expose for sale any such wild bird after it has been killed or 

 caught. No part of the plumage, skin, or body of any bird protected by this section 

 shall be sold or had in possession for sale. For the purposes of this act the follow- 

 ing only shall lie considered game birds: The Anatidae, commonly known as swans, 

 geese, brant, and river and sea ducks; the Rallida?, commonly known as rails, coots, 

 mud-hens, and gallinules; the Limicohe, commonly known as shore birds, plovers, 

 surf birds, snipe, woodcock, .'sandpipers, tatlers, and curlews; the Gallinse, commonly 

 known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails. 



Sec. 2. No person shall, within the State of , take or needlessly destroy the 



nest or the eggs of any wild bird nor shall have such nest or eggs in his or her 

 possession. 



Sec. 3. Any person who violates any of the provi.sions of tliis act shall lu- guilty of 

 a misdemeanor, and shall be liable to a fine of five <lollars for each offense, and an 

 additional fine of five dollars for each bird, living or dead, or part of bird, or nest 

 and eggs po.s.ses.<e<l in violation of this act, or to imprisonment for ten tlays, or both, 

 at the discretion of the court. 



Sec. 4. Sections 1, 2, and 8 of this act shall not apply to any ])erson holding a certifi- 

 cate giving the right to take birds and their nests and t-ggs for scientific jmrposes, as 

 provided for in section 5 of this act. 



Sec. 5. Certificates may l»e granted by [here follow the names of the persons, if 

 any, duly authorized by this act to grant such certificates], <ir by any incorporated 

 society of natural hi.«tory in the State, through such persons or officers as.saitl society 

 may designate, to any proj>erly accre<lit«Ml person of the age of fifteen years or 

 ujiward, jHTiiiitting the liojder thereof to collect liinls, their nests or eggs, for .xtrictly 

 .«(ieiitilir piiri)os('s only. In onler to obtain such certificate tlie apjilicaiit for the 

 .«anic must i>re.«ent to tlie jtcrson or jx'rsons having the power to grant said certificate 

 written te>itimonials from two well-known scientific men, certifying to the good char- 

 acter and fitnt\ss of sai<l apjilicant t<» lie intrustnl with such i)rivilege; mu-st jiay to 

 sai<l persons or officers one dollar to defray the nece.x.sary exi)enses attending the 

 granting of such certificates; and must tile with saiil i)ersons or officers a i)roperly 

 execute<l ]K)nd, in the sum of two huiitln-il <lollars. signt^l l)y two respon.'^ible citi 

 zens of the State as sun>ties. This IhiihI shall be forfeite<l to the State, and the cer- 

 tificate iH'come void, u]>on proof that the holder of such a certificate hiL>s killed any 

 bird, or taken the nest or eggs of any liird, for other than the purjioses named in 

 sections 4 and 5 of this act. and shall l>e further subje«-t for each such offense to the 

 penalties provided therefor in section .S of this act. 



Sec. 6. The certificates authorize<l by this act shall l»e in force for one year only 

 from the date of their issue, ami shall not Ik* transferable. 



Sec. 7. The English or EurojH'an hou.»Je sparrow {J*nj<Ker dinniKtimM) is not included 

 among the birds protecte<l by this act. 



Sec. 8. All acts or parts of acts, heretofore passed, inconsistent with or contrary 

 to the provisions of this ju"t, are hereby reix-aled. 



Sec. 9. This act shall take effe<'t uixm its passage. 



' The original wording of the si'ctions 1 and 2 has Ikh-u modifie<l in aci-onlance 

 with suggestions ma<le by Mr. William Dutcher, and ai>i>rove<l by Mr. Witmer Stone, 

 chairman of the connnittee on protection of North .\meri<-an birds. These sections 

 have lu'en recjuit and somewhat elalxirate*!, the penalti«'8 combiiMnl as section H, but 

 the otlier sections have been merelv renuml>eriil. 



