Ch. 4806, Acts 1899, Sec. I. Ch. 6969, Acts 1915, Sec. 2. Ch. 4957, Acts 1901, Secs. 4, 5, 6. 1 Title a 5778. (3757.) Unlawful to kill carrier pigeon.-It shall be unlawful for any person to catch, kill, maim, wound, detain or molest any homing pigeon or carrier pigeon, or pigeon carrying a metallic band, the property of another. Any person violating the provisions of this section shall be punished by a fine of not less than five dollars, nor more than twentyfive dollars, or by imprisonment not to exceed sixty days, and in addition to such fine or imprisonment shall be required to pay as costs in the case, to go to the prosecuting witness, the sum of ten dollars. 5779. Birds, plumage, skin, eggs and nest protected; penalty for catching, killing or taking.-Any person who shall catch or kill or have in his possession, living or dead, or who shall purchase, offer or expose for sale, transport, or ship without the county in which found, any wild bird after it has been killed or caught, or who shall sell or have in his posses. sion for sale any part of the plumage, skin or body of any bird protected by the game laws, or who shall take or wilfully destroy the nest of any wild bird, or who shall have such nest of any wild bird, or who shall have such nest or eggs in his or her possession, except as permitted by the game laws of this State, shall be guilty of a misdemeanor, and upon conviction, shall be punished by fine of not less than ten or more than twenty-five dollars for each offense. 5780. (3760.) Who exempt from foregoing section, and manner of exemption.-The foregoing section shall not apply to any person holding a certificate giving the right to take birds and their nests and eggs for scientific purposes as herein provided. Certificates may be granted by the Commissioner of Agriculture of the State of Florida, or by any incorporated society of natural history in the State, through such persons or officers as the said society may designate, to any properly accredited person of the age of fifteen years or upwards, permitting the holder thereof to collect birds, their nests and eggs, for strictly scientific purposes only. In order to obtain such certificate the applicant for the same must present to the person having the power to grant such certificates, written testimonials from two well-known scientific men, certifying to the good character and fitness of said applicant to be entrusted with such privilege; must pay to said person or officer one dollar to defray the necessary expenses attending the granting such certificates, and must file with said person or officer a properly executed bond in the sum of one hundred Title 2 dollars, signed by two responsible citizens of the State as sureties. The said bond shall be forfeited to the State and the certificate become void upon proof that the holder of such certificate has killed any bird or taken the nest or eggs of any bird, for other than the purposes named herein, and subject the holder of the certificate to same penalties as violators of the preceding section. The certificate mentioned herein shall be in force for one year only from date of issu ance, and shall not be transferable. 5781. (3761.) Birds not included in preceding sections. Ib., Secs. 7, 3, The English sparrow, sharp-shinned hawk (commonly known as the little blue darter), cooper's hawk (commonly known as the big blue darter), great horned owl, crow, ricebird, meadowlark, jackdaw and butcherbird are not included among the birds protected by the two preceding sections. Nothing in said sections shall prevent any citizen of the State of Florida from destroying birds which are found injuring grapes, fruits, garden or farm products on his premises, or from taking and keeping in a cage any cardinal redbird or mockingbird for his own pleasure or amusement: Provided, That the same shall not be sold or shipped out of the State. ARTICLE 21. PROTECTION OF GAME. 5782. Game birds denominated and enumerated.-The fol- Ch. 6969, Acts lowing only shall be considered game birds: The Anatidae. 1915, Sec. 3. commonly known as swans, geese, brant and river and sea ducks; Rallidae, commonly known as rail, coots, mud hens, and gallinulas; Limicolae, commonly known as shore birds. plovers, surf birds, snipes, woodcocks, sandpipers, tattlers and curlews; Gallinae, commonly known as wild turkeys, grouse, pheasants and quails; and the species of Columbae, commonly known as turtle doves. Under the common law of England, the title to natural game is in the sovereign for the use and benefit of the people, the killing or taking and use of game being subject to governmental regulation for the general good. Harper v Galloway, 58 Fla. 255, 51 So. 226. The power to control and regulate the use of game was vested in the colonial governments of America and passed with the title to game in its natural condition to the several states as they became sovereigns. Ib. The Constitution of the State does not forbid the passage of special of local laws on the subject of game. Ib. Title 2 The Legislature may enact any law it may deem advisable regulating the subject of hunting game, but regulations should affect alike all pergons similarly situated and conditioned. Ib. Classifications of persons may be made in connection with regulations for the protection of game, but such classifications should have some just relation to real differences with reference to the subject regulated. Ib. 5783. Open season for wild turkey, quail, turtle doves, swans, geese, brant, ducks, rails, coots, sand pipers, curlews, snipe and plover.-No person or persons shall injure, kill or hunt or destroy, by any means whatever, or have, or be in possession of, except as expressly permitted by the provisions of this article, the following named game birds, except between the following dates: Wild turkey, quail (bob white partridges), turtle doves, swans, geese, brant, ducks, rails. coots, sand pipers, curlews, snipe or plover, November 20th to March 1st, inclusive, following: Provided, That this section shall not be construed to include mud or marsh hens. Any person who violates any of the provisions of this section. shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars, nor more than twenty-five dollars, for each offense. 5784. Pheasants protected.-Any person who takes, captures or kills, except under permit, any ruffled grouse (pheasant), Mongolian, Chinese or English pheasant, or other imported game birds, before December 1st, 1915, and thereafter, only from November 20th to December 20th following, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than twenty-five dollars for each offense. 5785. Trap, snare, deadfall, baiting, etc., prohibited. Any person who shall at any time make use of any pitfall, deadfall, scaffold, cage, snare, net, salt-lick, blind-pen, baited hook, or baited field, or any other similar device, or any drugs, poison, chemical or explosives for the purpose of injuring, capturing or killing birds or animals, protected by the game laws of this State, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for each offense. 5786. Night hunting prohibited. Any person who shall pursue, catch, take or kill any birds, deer, wild turkey, wild ducks, wild geese, brant or other aquatic bird or fowl, between dark or daylight the following day shall be guilty of a Title 2 misdemeanor, and on conviction shall be punished by a fine of not more than twenty-five dollars for each offense. 5787. Protection of wild turkey and deer; closed season. Any person who shall kill or attempt to kill any wild turkey in any county of this State, or who shall hunt, chase, kill, molest or have in possession any wild deer, between March 1st and the 20th of November in each year, or who shall use any artificial light in hunting or killing deer, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty-five dollars, nor more than fifty dollars; and the having of such lights on the head or any part of the body while hunting shall be prima facie evidence of the violation of this section. 5788. Squirrels; open and closed season as to.-Any person who shall pursue, injure, capture, kill, destroy or have in their possession squirrel, black squirrel or gray squirrel, except on and from November 20th in each year to the following March 1st, or who shall pursue. injure, capture or destroy any squirrel at any time in any public or private park, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than twenty-five dollars: Provided, That any person may protect his premises from the ravages and depredations of these or other animals at any time, in any way. 1915, Sec. 10. 5789. Killing more than one deer or more than certain Ch. 6969, Acts number of game birds in one day; having game in possession after close of season.-Any person who takes or kills more than one deer, two turkeys, twenty quail or twenty-five birds of any other species in one day, or who has such birds or game in his possession for more than five days after the close of the season for killing the same, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten nor more than twenty-five dollars for each offense. 5790. Killing more than three deer or more than certain Ib. number of game birds during season.-Any person who takes or kills more than three deer, ten turkeys, or three hundred of any other game bird species during one open season, shall be guilty of misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars for each Title 2 offense, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. 5791. Selling game prohibited. Any person, firm or corporation who, at any time of the year, shall barter, sell or offer for sale any of the game birds or animals protected by this act, either under the name used herein, or under any other name or guise whatsoever, whether lawfully or unlawfully taken, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. 5792. Hunting without license prohibited. Any person who hunts wild birds or game, protected by the provisions. of this article, outside of the limits of the voting precinct i: which such person actually resides, without first procuring a hunter's license, as herein provided, permitting such hunting, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not exceeding sixty days. 5793. False statement as to procuring license. Any person who shall make to any officer authorized to issue a hunting license a false statement, or change or alter his or her license in any manner, shall be punished by a fine of not less than ten nor more than twenty-five dollars. 5794. Shipping or transporting game.-Any person who takes, ships or transports out of or within this State any of the birds or game protected by the laws of the State, unless the same be in personal possession of, or carry open by the owner thereof, or persons killing the same who has in his possession a non-resident's license, if the same is to be carried out of this State, or a non-resident county license if the game is to be transported within the State, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than ten nor more than fifty dollars. 5795. Common carrier shipping game.-Any person, company, corporation or common carrier who shall ship or transport any birds or game without ascertaining if the person offering for shipment or transportation such birds or game is in possession of a hunting license duly issued to him and covering the period when such shipment is offered, and without requiring such person to accompany the shipment, shall be guilty of a misdemeanor, and upon conviction thereof shall |