CHAPTER 158.
OF FISH, OYSTERS AND GAME.
AN ACT to amend an Act Entitled, "An Act for the Protection and Preservation of Birds and certain Animals", Chapter 105, Volume 20, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section two, Chapter 165, Volume 26, Laws of Delaware, be and the same is hereby amended by adding to said section the following: "in Kent and Sussex Counties only; the swan being hereby expressly excepted from the list of game birds."
Section 2. That Section three of said Act be and the same is hereby amended by striking out the words, "pheasants from November 15 to December 31 next following," where they occur in the fifth and sixth lines of said section; by inserting the word, "only" in the sixteenth line of said section immediately before the word, "from"; by striking out the words, "November first to July first," where they occur in the twenty-fourth line of said section and inserting in lieu thereof the words, "July first to December thirty-first"; by adding at the end of said Section the words: "and provided further landlords and tenants and their respective children may trap rabbits in the open season on their freeholds and leaseholds respectively."
Section 3. That Section five of said Act be and the same is hereby amended by adding to said section the following: "the unlawful setting or placing of any of the devices or contrivances named in this section shall constitute an offense against the provisions of this section and said devices and contrivances when found unlawfully set or placed shall be confiscated by the Board of Game and Fish Commissioners of the State of Delaware and disposed of as said Board shall see fit."
Section 4. That Section six of said Act be and the same is hereby amended by adding the words, "or to set fire to, burn, bark or in any way mutilate any tree, living or dead, stump or log, on lands of another without the consent of the owner or person in charge expressly given and except as expressly permitted in Section three of this Act."
Section 5. That Section seven of said Act be and the same is hereby amended by adding the words, "provided it shall be unlawful to shoot muskrats within the hours named in this section."
Section 6. That Section eleven of said Act be and the same is hereby amended by striking out the word "seventy-
five" where it occurs in the second line of said section and inserting in lieu thereof the word "fifty"; by adding immediately after the word, "animals", at the end of the third line of said section the words "except such animals as are habitually trapped for their pelts;'' and by adding at the end of said section the words, ''and except such birds or animals when had in possession alive for scientific or propagating purposes."
Section 7. That Section fifteen of said Act be and the same is hereby amended by adding to said section the words, "the mere selling, offering or exposing for sale by a resident of this State of any birds or animals forbidden to be sold under this section shall be prima facie evidence of an offense against this section and the prosecution shall not be required to prove that the person accused did not lawfully himself kill said birds or animals but that fact may be offered in evidence by the accused and if established, shall be a good defence."
Approved March 26, A. D. 1913.