Dec. 26, 1908.] 
FOREST AND STREAM. 
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scribed has been given. The failure to give the 
bond casts upon the person charged the burden 
of removing the presumption by showing that 
the grouse were taken elsewhere. No further 
penalty is provided in the statute for the fail¬ 
ure to give the bond. 
It is claimed that this construction of the 
statute would leave the amendment meaningless. 
While we think that the intention of the Legis¬ 
lature might have been more clearly expressed, 
its purpose in making the amendment is ap¬ 
parent. As we have seen, the provision is that 
grouse taken without the State shall not be sold 
or offered for sale within the State, “except 
pursuant to the provisions of this section.” 
What are the provisions of the section that the 
Legislature had in mind? Evidently those as 
to the inspection of grouse possessed by the 
dealer and the preservation of the “evidence 
that the same were taken without the State by 
way of bill of sale, way-bill or otherwise,” and 
the regulations of the commissioner with refer¬ 
ence to disclosing such evidence to the in¬ 
spector. The preservation and the exhibiting of 
such evidence by the dealer to the inspector 
enables the official to determine at once 
whether the dealer is complying with the pro¬ 
visions of the statute under which he is per¬ 
mitted to make sales of grouse taken without 
the State. It is true that this provision of the 
statute is required to be entered into the con¬ 
dition of the bond provided for, but that 
emphasizes the importance given to. it by the 
Legislature and does not, in our minds, miti¬ 
gate its force and effect. 
The statute is highly penal, imposing a 
penalty for each transgression, a further penalty 
for each bird disposed of and in addition it 
makes the person guilty of a misdemeanor. In 
construing such statutes we should not attempt 
to spell out the creation of an offence which is 
not clearly indicated by the ordinary meaning 
of the words used in its provisions. By these 
provisions the failure to give the bond raises a 
presumption that grouse found in the posses¬ 
sion of any person were taken within the State. 
Nothing further. The presumption can be over¬ 
come by showing the fact that they were so 
taken. In this case there is no claim that the 
defendant did not preserve and exhibit to the 
inspector when called for the evidence men¬ 
tioned in the statute. The facts, as we have 
seen, are conceded that the grouse sold were 
not taken within the State and consequently 
no offence has been committed by the defendant 
for which a penalty could be imposed against 
hi™. ... 
The judgment of the Appellate Division and 
that of the trial court should be reversed, and 
inasmuch as the facts have been agreed upon 
the complaint should be dismissed, with costs 
in all courts. 
PIKE STORIES. 
At Middletown, Armagh, says the Globe, a 
pike weighing 23 pounds and an otter had a 
hard fight in the canal. The pair repeatedly 
rose to the surface and dived again, the pool 
being colored with blood. Finally the otter 
killed the pike and dragged it ashore, where a 
Mr. Hughes shot the otter. 
One of the Nottingham Corporation swans 
was in the act of feeding, head downwards, 
near the Lenton-lane end the other day, when 
it was suddenly attacked by a pike. There was 
considerable commotion, "but finally the bird 
liberated itself and took to wing. It alighted 
on the river again at the public baths, where 
its neck was found to be severely lacerated. Al¬ 
though there are authentic records of similar 
attacks by pike on swans, I think this is the 
only one I have heard of for at least thirty 
years. 
MODERN TRAINING. 
Handling and Kennel Management. By B. Waters. 
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The treatise is after the modern professional system, of 
training It combines the excellence of both the suasive 
and force systems of education, and contains an exhaus¬ 
tive description of the uses and abuses of the spike collar. 
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