1888, 292. 1890, 249, § 1. 1886, 276, §§ 1, 3. the first day of December to the first day of May, if such quail were 9 not taken or killed in this commonwealth contrary to the provisions 10 of this chapter; and a person, firm or corporation dealing in game 11 1900, 379, $53, 5. or engaged in the cold storage business may have quail in posses- 12 sion on cold storage at any season, if such quail were not taken or 13 killed in this commonwealth contrary to the provisions of this 14 chapter. 15 128 Mass. 410. Close season 1877, 95, §§ 2, 7. SECTION 4. Whoever takes or kills a pinnated grouse at any 1 time, or a wood or summer duck, black duck or teal between the 2 first day of March and the first day of September following, or any 3 other of the so-called duck species between the twentieth day of 4 May and the first day of September, or buys, sells or has in pos- 5 session any of the birds named in this section during the time 6 within which the taking or killing thereof is prohibited, whenever 7 or wherever such birds may have been taken or killed, shall be 8 punished by a fine of twenty dollars for each bird or duck; but a 9 person, firm or corporation dealing in game or engaged in the cold 10 storage business may buy, sell or have in possession, and a person 11 may buy from such person, firm or corporation and have in posses- 12 sion, if so bought, pinnated grouse or any of the so-called duck 13 128 Mass. 410. species, at any season, if such birds were not taken or killed in this 14 commonwealth contrary to the provisions of this chapter. 1879, 209, $$ 2,9. 1881, 297, §§ 1, 2. P. S. 92, $1,3. 1886, 276, §§ 1, 3. 1893, 189; 398. 1894, 205. 1898, 195. 1900, 379, §§ 4, 5. Close seasons for shore birds and pigeons. 1817, 103, § 1. 1821, 10, § 1. 15 SECTION 5. Whoever takes or kills a plover, snipe, sandpiper, 1 rail or any of the so-called shore, marsh or beach birds between 2 the first day of May and the fifteenth day of July, or a wild or 3 R. S. 53, §§ 1, 5. passenger pigeon, gull or tern between the first day of May and 4 1849, 158, 58 2-4. the first day of October, shall be punished by a fine of ten dollars 5 G. S. 82, §§ 5, 10. for every bird so taken or killed. 1835, 136, § 1. 1850, 296. 1867, 257. Penalty for buying or close seasons. 1817, 103, § 1. 1830, 69. 1870, 304, § 4. SECTION 6. 1879, 209, §§ 3, 4. 1881, 297, § 3. 1869, 246, § 4. 6 Whoever buys, sells or has in his possession any of 1 selling during the birds named in sections five or seven of this chapter and pro- 2 tected thereby, during the time within which the taking or killing 3 thereof is prohibited, whenever or wherever the aforesaid birds may 4 have been taken or killed, shall be punished by a fine of ten dollars 5 for each bird; but a person, firm or corporation dealing in game or 6 engaged in the cold storage business may buy, sell or have in pos- 7 session, and a person may buy from such person, firm or corpora- 8 128 Mass. 410. tion and have in possession, if so bought, wild pigeons and any of 9 the so-called shore, marsh or beach birds, at any season, if not 10 taken or killed in this commonwealth contrary to the provisions of 11 this chapter. 1886, 276, § 3. 1900, 379, § 4. Penalty for killing wild birds. 1869, 246, § 7. 1870, 304, § 5. 1877, 95, § 4. 1879, 209, § 5. P. S. 92, § 6. 1883, 36. 1886, 276, § 4. SECTION 7. 12 Whoever takes or kills any wild or undomesticated 1 bird not named in sections two, three, four and five, except English 2 sparrows, crow blackbirds, crows, jays, birds of prey, wild geese 3 and fresh water and sea fowl not named in said sections, or wilfully 4 destroys, disturbs or takes a nest or eggs of any wild or undomes- 5 ticated birds, except such as are not protected by the provisions of 6 this section, shall be punished by a fine of ten dollars; but any 7 person over twenty-one years of age, who has a certificate from the 8 commissioners on inland fisheries and game or from the president 9 10 of the Boston Society of Natural History that he is engaged in the 11 scientific study of ornithology or is collecting in the interest of a 12 scientific institution, may at any season take or kill or take the nests 13 and eggs of any undomesticated bird, except woodcock, ruffed 14 grouse and quail; but the provisions of this section shall not author15 ize any person to enter upon private grounds without the consent of 16 the owner thereof for the purpose of taking nests or eggs or killing 17 birds. Said commissioners or the president of said society may at 18 any time revoke such certificate. 1 feathers of 1898, 339. SECTION 8. Whoever has in his possession the body or feathers Penalty for 2 of any bird, the taking or killing of which is prohibited by the pro- body or 3 visions of the preceding section, whether taken in this common- birds. 4 wealth or elsewhere, or wears such feathers for the purpose of dress 1897, 524. 5 or ornament, shall be punished by a fine of ten dollars; but the 10p. A. G. 478. 6 provisions of this section shall not prohibit the taking or killing of 7 such birds by the holders of certificates provided for in the preced8 ing section, nor shall they apply to natural history associations or 9 to the proprietors of museums, or other collections for scientific pur10 poses, or to non-residents of the commonwealth passing through it 11 or temporarily dwelling therein. 1 SECTION 9. Whoever takes or kills a gray squirrel, hare or 7 close season squirrels, etc. 179,209,88 for gray P. S. 92, § 9. 1886, 276, § 5. 1894, 97. on Cape 1897, 140. Ann. taking birds, etc. Penalty for R. S. 53, § 6. 1870, 304, § 6. 179, 209, § 6. 1881, 297, § 4. 1886, 276, § 6. 1891, 254. 1897, 184. 1892, 102, § 2. 1 SECTION 11. Whoever takes or kills a game bird or water fowl, 2 hare or rabbit by means of a trap, net or snare, or by the use of a 3 ferret; and whoever, for the purpose of taking or killing a game 4 bird, water fowl, hare or rabbit, constructs or sets any trap, snare 5 or net or uses a ferret; and whoever shoots at or kills any wild 6 fowl or any of the so-called shore, marsh or beach birds with a 7 swivel or pivot gun or by the use of a torch, jack or artificial light, 8 or pursues any wild fowl with or by aid of a boat propelled by P. S. 27. 9 steam or naphtha, or of a boat or vessel propelled by any mechani10 cal means other than sails, oars or paddles, or in that portion of 11 Boston harbor lying westerly and southwesterly of a line running 12 from Deer Island to Point Allerton, including the waters of Dor13 chester bay, Quincy bay, Weymouth bay and Hingham bay, shoots 14 at, kills or pursues any wild fowl from or by the aid or use of any 15 boat or floating device propelled by any mechanical means, shall be 16 punished by a fine of twenty dollars for each offence. The con17 structing or setting of any trap, snare or net adapted for the taking 18 or killing of a game bird, water fowl, hare or rabbit, upon premises 19 frequented by them, shall be prima facie evidence of such construct20 ing and setting with intent to take and kill contrary to law; and 1898, 124. Limitation of 1900, 379, § 1. Shooting of black ducks in Plymouth harbor. 1888, 269. 1900, 209. Protection of private land. possession of a ferret in any place where the game mentioned in 21 this section might be taken or killed, shall be prima facie evidence 22 that the person having it in possession has used it for taking and 23 killing game contrary to law. 24 SECTION 12. The provisions of the preceding section shall not 1 apply to the trapping or snaring of ruffed grouse, commonly called 2 partridge, or hares or rabbits by an owner of land upon his land, or 3 by a member of his family if authorized by him, between the first 4 day of October and the first day of December. 5 SECTION 13. Whoever in Plymouth harbor or bay, so called, 1 including the waters adjacent to the towns of Plymouth, Kingston 2 and Duxbury, shoots at, kills or pursues a black duck, goose, brant 3 or other aquatic bird by the use of a sneak boat, raft, floating box 4 or similar device, not an ordinary dory or rowboat, or by the use 5 of any pivot gun or swivel gun or any other firearm not usually 6 held and discharged from the shoulder shall be punished by a fine 7 of not less than ten nor more than fifty dollars. 8 SECTION 14. Whoever, for the purpose of shooting or trapping, 1 1884, 308, §§ 1,3. enters upon land without permission of the owner thereof, after 2 such owner has conspicuously posted thereon notice that shooting 3 or trapping thereon is prohibited, shall be punished by a fine of not 4 more than twenty dollars. Property of game artificially propagated. 5 SECTION 15. Game artificially propagated and maintained upon 1 land, upon which notice has been posted as provided in the pre- 2 4,308, $$ 2,3. ceding section, shall be the exclusive property of the person propa- 3 gating and maintaining it, but if he sells such game for food at 4 seasons when its capture is prohibited by law, he shall be punished 5 by a fine of not more than twenty dollars. Preservation - of deer. 1898, 181. Same subject. 1693-4, 19, §§ 3, 5, 6. 1698, 21, §§ 1-3. 1739-40, 3, § 1. 1754-5, 7. 1763-4, 28, § 2. 1802, 15. 1806, 45. 6 SECTION 16. Whoever, prior to the thirteenth day of February 1 in the year nineteen hundred and five, takes, kills or has in his pos- 2 session, except for the purpose of propagation, a Mongolian, 3 English or golden pheasant shall be punished by a fine of twenty 4 dollars for each bird. 5 SECTION 17. Whoever, before the first day of November in the 1 year nineteen hundred and three, hunts, chases or kills a deer, 2 except his own tame deer kept on his own grounds, shall forfeit 3 one hundred dollars for each offence. 4 [SECTION 18. Whoever at any time after the time limited in the 1 preceding section, except on Tuesdays, Wednesdays, Thursdays and 2 1717-18, 12, § 1. Fridays in November, hunts, takes, wounds or kills a deer, except 3 his own tame deer kept on his own grounds, and whoever on any 4 of said days hunts, takes, wounds or kills a deer, except his own 5 tame deer kept on his own grounds, in any pond or river or within 6 two hundred yards thereof, shall, for each offence, be punished 7 by a fine of not less than twenty-five nor more than one hundred 8 dollars or by imprisonment for not less than one nor more than three 9 1870, 304, $57,8. months, or by both such fine and imprisonment. The owner or 10 1874, 77, § 2. 8. keeper of a dog found chasing or hunting deer at any time except in 11 1817, 58. 1823, 74. R. S. 53, §§ 7, 8. G. S. 82, §§ 12, 13. 1869, 246, § 8. 1871, 320. 12 November shall be punished by a fine of twenty dollars. Any per13 son may kill a dog found chasing or hunting deer at any time except 14 on Tuesdays, Wednesdays, Thursdays and Fridays in November, if 15 the dog is used for such purpose with the knowledge and consent 16 of his owner or keeper, and the owner or keeper of such dog shall 17 be punished by a fine of fifty dollars. The possession of a deer at 18 any time except in November shall be prima facie evidence to con19 vict under the provisions of this section.] 1 SECTION 19. The authority of the commissioners on inland fish2 eries and game and of their deputies shall extend to the propagation, 3 protection and preservation of birds and animals in like manner as 4 to fish. 1 1879, 200, $57, 10. P. S. 92, §§ 8, 10. 10p. A. G. 523. 1881, 297, § 5. 1882, 199. Duties of comlandsheries and game. missioners on 1886, 276, § 7. 1895, 56. fines. SECTION 20. All fines accruing under the provisions of this Disposition of 2 chapter shall be paid and disposed of in accordance with the pro- 1817, 103, § 1. 3 visions of section one hundred and thirty-five of chapter ninety-one. 1855, 197, § 4. 1 1879, 209, § 11. P. S. 92, § 11. 1886, 276, § 9. 1899, 360. 108 Mass. 139. 1830, 69. transporting SECTION 21. Whoever at any time takes or sends or causes to Penalty for 2 be taken or transported beyond the limits of the commonwealth any woodcock, etc. 3 woodcock, quail or ruffed grouse which has been taken or killed 1890, 249, $ 2. 4 within the commonwealth, or has in possession any such bird or 5 birds with intent to take or cause the same to be taken out of the 6 commonwealth, shall be punished by a fine of ten dollars for every 7 bird so had in possession or taken or caused to be taken or sent 8 beyond the limits of the commonwealth as aforesaid. 1 birds, etc., out 1886, 276, § 10. SECTION 22. Whoever, except as provided in the preceding Penalty for 2 section, takes, carries, sends or transports out of this commonwealth transporting 3 any of the birds or animals protected by the provisions of this of the state. 4 chapter, which have been illegally taken or killed therein, shall be 5 punished by a fine of twenty dollars. Dukes County. 1890, 237. 1 SECTION 23. Whoever knowingly introduces into the county of Destruction of 2 Dukes County and liberates therein any fox or raccoon shall be foxes, tiny 3 punished for each offence by a fine of not less than twenty-five nor 100, 128. 4 more than fifty dollars or by imprisonment for not more than thirty 5 days, or by both such fine and imprisonment. The county commis6 sioners of said county may offer a reward for the destruction of 7 hawks, foxes and raccoons, and authorize the payment thereof by 8 the county upon proper proof of such destruction. Extermination sparrow. 1 SECTION 24. The officers having charge of public buildings in 2 cities and such officers as the selectmen designate and appoint in of English 3 towns shall take and enforce such reasonable means and use such 1890, 443. 4 appliances, except poison, as in their judgment will effectively ex5 terminate the English sparrow therein. Whoever wilfully resists 6 such officers while engaged in such duties or knowingly interferes 7 with the means used by them for such purpose so as to render them 8 less effective shall be punished by a fine of not more than twenty9 five dollars for each offence. The provisions of this section shall 10 not authorize an officer to enter on private property without the 11 consent of the owner or occupant thereof. NOTE. Sect. 18. This section has been retained, but has been printed in brackets, and the question is submitted to the legislature whether it was repealed by St. 1898, c. 181 or was to revive on the expiration of the close season in 1903 prescribed by that chapter. Timber carried away by flood may be taken by owners, etc. 1780, 31. 1793, 42, §§ 4, 6. 1804, 5. G. S. 78, § 1. Penalty for altering marks of owners. 1793, 42, §§ 1, 6. R. S. 52, § 2. -on timber of unknown owners. 1793, 42, § 2. 1804, 5. CHAPTER 93. OF TIMBER AFLOAT OR CAST ON SHORE. SECTION 1. The owner of a log, mast, spar or other timber 1 carried by flood into land adjoining any river, stream or pond 2 may, at any time within six months, remove the same from said 3 land upon paying or tendering to the owner or occupant thereof 4 such reasonable damages as may be caused by such removal; and 5 if he does not so remove it within said six months, or otherwise 6 agree with the owner or occupant of such land, it shall be deemed 7 the property of such owner or occupant. 8 SECTION 2. Whoever unlawfully cuts out, alters or destroys a mark of the owner made on any log or other timber which has 2 been put into a river, stream or pond shall forfeit not more than ten 3 dollars for each log or other piece of timber upon which he has 4 altered, cut out or destroyed the mark, and shall be liable in dam- 5 ages to the owner thereof for treble the value thereof, which shall 6 be recovered with said forfeiture in an action of tort. 7 SECTION 3. Whoever unlawfully cuts out, alters or destroys 1 any marks of such logs or other timber, the owner of which is not 2 known, shall forfeit not more than ten dollars for every log or 3 G. S. 78, $$ 3, 6. other piece of timber upon which he has altered, cut out or de- 4 stroyed the mark, which shall be recovered to the use of any per- 5 son who sues therefor. 6 R. S. 52, § 3. P. S. 94, § 3. Prima facie G. S. 78, § 4. P. S. 94, § 4. Regulations as to timber in Connecticut river. 1814, 150. R. S. 52, § 5. G. S. 78, § 5. P. S. 94, § 5. 1882, 274, § 2. 1883, 183, § 1. SECTION 4. The finding of the logs or other timber in the pos- 1 session of the defendant, with the marks cut out, altered or de- 2 stroyed, shall, in actions under the provisions of the two preced- 3 ing sections, be prima facie evidence of his guilt and the burden of 4 proof shall be upon him to discharge himself. 5 SECTION 5. No person shall cause or permit to be driven or 1 floated down the Connecticut river below its confluence with the 2 Chicopee river any masts, spars, logs or other timber, unless they 3 are formed and bound into rafts and placed under the care of a 4 sufficient number of persons to manage them so as to prevent 5 12 damage thereby. If damage is done to a bridge or dam upon or 6 over said river below said confluence by any timber so driven or 7 floated in any manner not herein allowed, the owner of the timber, 8 and every person who causes or permits it to be so driven or floated, 9 shall be jointly and severally liable for all damage caused thereby. 10 145 Mass. 261. Floating of logs in Con regulated. 1882, 274, § 2. 1883, 183, § 2. SECTION 6. The county commissioners of Franklin, Hampshire 1 necticut river and Hampden, within their respective counties, upon the petition 2 of a railroad company, or its president, owning or operating a rail- 3 road with a bridge across the Connecticut river, or of the owner 4 or operators of a ferry or ferry boat regularly plying across said 5 river, or of the owner of a steamboat regularly plying upon said 6 river, or of the owner of a dam across the same, or of the owner or 7 manager of a shad or salmon fishery, or of the mayor of a city or 8 |