CHAP. 77.—An ACT to amend and re-enact the act entitled an act
for the protection of game, appraved March 14, 1878.

Approved April 2, 1879.

1. Be it enacted by the general assembly, That it shall not
be lawful fer any person to kill or capture, or offer for sale or
buy, any partridges or guail between the first day of January
and the &fteenth day of October of each year, nor shali it be
lawful to canture partridges at any time, by means of nets or
traps of any kind, until after the expiration of one year from
the passege of this act; nor shall it be lawful at any time to
take or destroy the eggs of the same: provided, that it shall
not be lawful for any person to kill or capture or offer for sale
or buy any partridges or quail in the following counttes, to-wit :
Brunswick, Dinwiddie, Chesterfield, Henrico, Hanover, Caro-
line, King George, Westmoreland, Northumberland, Richmond,
Lancaster, Essex, Middlesex, King and Queen, Gloucester,
Mathews, King William, New Kent, James City, York, Eliza-
beth City, Warwick, Charles City, Princ? George, Surry, Not-
toway, Lunenburg, Isle of Wight, Sussex, Southampton,
Greensville, Nansemond, Norfolk, Princess Anne, Accomac,
and Northampton, between the first day of February and the
first day of November of each year.

2. It shall not be lawful for any person to kill or capture
pheasants or ruffled grouse between the first day of February
and the first day of August of each year; nor woodcock be-
tween the first day of February and the first day of July of
each year; nor robins between the first day of April and the
first day of November of each year; nor shail it be lawful at
any time to kill or capture any brown thrush, cardinal or red
bird, house wren, oriole, wood robin, blue bird, house martin or
starling, or to destroy their nests.

3. It shall not be lawful for any person to kill or capture or
have in his possession any wild water-fowl in this state between
the first day of May and the first day of September of each
year; nor shall tt be lawful to kill or capture said water-fowl
at any time during the night; that is, between dark and day-
break, Nor shall it be lawful to kill wild water-fowl, except
with a gun that can be raised and fired at arm’s length
without rest. Wild geese may be killed either during the day
or night: provwied that in no case shall floating re‘lectors,
lamps, or lights of any kind, be used in shooting wild geese
in the night time: provided further, that nothing in this act
shall apply to the will duck commonly called woo or summer
duck, or the wild fowl known as and commonly called sora:
provided further, that no sloop or other decked beat shall be
allowed at any time to be used in the day or night in the aid
of those engaged in killing wild water-fowl of any description
in this state.

4. it shall not be lawful to kill or capture wild turkeys be-
tween the first day of Iebruary and the fifteenth day of October
of each vear, nor at any time by traps of any kind.

5. It shatl not be lawful, for six years from the passage of
this act, to capture mocking birds, or to buy or sell the same,
and both buyer and seller shall be subject to the penalty im-
posed by this act; and in addition each shall be fined one
dollar for every bird solid and bought; but this section shall
not apply to any person catching or having caught the same
on his own premises, unless for sale,

6. It shall not be lawful for any person to shoot or in any
manner whatsoever kill or destroy the bird known as the marsh
hen, nor to take its eggs later in the season in anv year than
the twentieth day of June. Nor shall it be lawful for any per-
son to shoot or in any manner kill or destroy the bird known
as the willet, nor take its eogs later in the season than the
twentieth of July in any year. Nor shall it be fawful for any
person to shoot or in any manner kill or destroy the bird known
as the gull or striker in any year before the first day of Sep-
tember, nor take their eggs later in the season than the twen-
tieth of July. Any person offending against the provisions of
this section shall forfeit and pay for each offence not less than
five nor more than ten dollars, recoverable before a justice of
the peace.

7. It shall not be lawfal to kill or capture deer within this
state between the fifteenth day of January and the first day of
September in any year.

8. Any person offending against the provisions of this act
shall be guilty of a misdemeanor, and on conviction thereof in
any court or before a justice of the peace, shall be fined ten
dollars for each offence, and shall be imprisoned till said fine
is paid, but not exceeding thirty days. ‘The possession of any
prohibited bird or deer within the prohfbited period mentioned
in this act, shall be held prima facie evidence of its violation,
and subject the person in possession to its penalties.

9, This act shall be given in charge to the grand jury at every
term of the court at which a regular grand jury may be em:
panelled. And it shall be the duty of the sheriff of the county
or corporation in which the o:fence is committed to prosecute
the offending party promptly and vigorously ; and in every case
of wilful failure to perform this duty. he shall, on complaint by
any person to the county or corporation judge, be fined not less
than ten dollars, nor more than twenty dollars.

10. The acts entitled, respectively, ** An act to amend and re-
enact section seven of an act entitled an act for the protection
of game, approved March twenty-ninth, eighteen hundred and
seventy-seven, with reference to the time of killing and cap-
turing deer,” approved February twenty-two, eighteen hundred
and seventy-eight; “An act to amend and re-enacted the act.
entitled an act for the protection of game,” approved March
fourteenth, eightecn hundred and seventy-elght; “An act to
amend and re-enacs section three of an act entitled an act for
the protection of game, approved March fourteenth, eighteen
hundred and seventy-eight.” and “An act to amend and re-
enact an act entitled an act for the protection of game, ap-
proved March twenty-ninth, eighteon hundred and seventy-
seven,” approved Mareh third, eighteen hundred and seventy-
nine, be and the same are hereby repealed.

11. ‘Phis act shall be in force from its passage.