The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-04-08

days after said report is fled, appeal to the
District Court of said county from such award,
by filing with the Clerk Of said Court, with
whom said report is filed, q written notice of
appeal and in case said appeal is brought by
any person or persons except said company,
they shall ile with said notice an affidavit
showing the nature and extent of their estate
in said property. Upon an appeal then being
taken, all further proceedings on said award so
appealed from, shall be stayed until the final
determination of said appeal. The Clerk shall
enter the same on the calendar OF said Court
for the next succeeding general term thereof,
for trial, according to the date of the appeal.
Said appeal or proceeding shall be determined
and tried at said term, unless otherwise Or
dered.
The amount of compensation shall be ascer-
tanned under the same rules applicable to Com
missioners in like cases, by a jury or by the
Court, in case jury is waived. The amount
SO ascertained shall stand in place of the award
appealed from, and the like proceedings shall
be thereupon had and the like judgment rem
dered as upon an award of Commissioners not
appealed from, and with like effect.
Said Company may, after making the appli-
cation for the appointment of Commissioners
as provided in this section, proceed with the
construction of their said road up to the time
of the filing of the award of said Commission
ers, but not thereafter, until the amount of said
award shall have been deposited, as directed by
the Court or Judge. subject to the decision of
the Court in case of an appeal by either party.
The said Commissioners shall receive three
dollars day for their services, and ten cents a
mile for actual travel 1t is further provided,
That said Company may before the time of
hearing in any case by the Commissioners, ten
der to the person or persons entitled to receive
the same, such amount as they may deem rea-
sOnable, Us compensation for the damages as
aforesaid, estimated with a deduction as afOrc-
cosI ny,1 ,Jar, Il, 10
then the costs of all subsequent proceedings,
Gin case the award or judgment does not exceed
the amount so rendered, shall be chargeable
| on the person or persons aforesaid
Sec. 81. The said Company shall have the
right and authority to construct their said rail.
road upon and along, across, under or over any
public or private highway, square, road, street,
alley, plank road, or railroad, if the same shall
be necessary; but the said company shall put
such highway, square, road, street, alley, plank
road or railroad in such condition as not to
| prevent its proper use, and the said company
shall have the right and authOrityTto erect and
maintain all the necessary bridges for tho use
of their said railroad over any stream of water,
water courses, or lakes at such points of cross
ing the same as they may locate the said road,
with all necessary abutments, piers or other
foundation.
SEC. %. The proceedings heretofore taken
by said Company for the appointment of Com
missiOners to assess damages for lands taken
by said Company, and the proceedings of such
Commissioners are hereby confirmed, and all
proceedings in all cases pending at the time of
the passage of this act, shall be carried on and
completed in conformity with the provisions of
this act and with the same effect as is specified
in this act, and all proceedings heretofore tax
en- in any case may be filed with the Clerk OF
the District Court of the county where the
lands to which they relate are situated with the
like effect
SEC. %. This act shall take effect and be in
force from and after its passage and shall be
accepted by the Board of Directors of the said
railroad company, by the filing of an attested
copy of the resolution of said Board in the Of
flee of the Secretary of State
Approved February l, 1864.
AN ACT for the preservation of Elk, Deer,
Birds and Fish.
BE it enacted by the Legislature Of the State cf
Minnesota:
SECTION 1. That if any person or persons
shall kill or pursue with intent to kill, any
January and the first day of August in each
year. or shall expose for SALE or have in his,
her or their possession, and green Elk, Deer,
or Fawn skin, or fresh venisOn, at any time
between the fifteenth day OF February and the
first day Of August such person, upon convic.
ton thereof shall be fined in the sum of TWEEN
ty-five dollars for each Elk. Deer. or Fawn so
killed, or for each green Elk, Deer, or Fawn
skin, or fresh venison, so exposed for sale, or
had in possession.
SEC. 2. That if any person shall kill or
have in his, her or their possession, or expose
for sale within the State of Minnesota, any
Woodcock, between the first day of January
and the fourth day of July, in any year, or any
partridge or ruffed grouse, between the first
a 10 rat do nf oynh or
or any quail, between the first day of January
and the first day of October, such persons
shall, upon conviction thereof, be fined in the
sum of five dollars for each and every bird so
killed or had in possession Provided, That
| the counties OF Dacotah and Hannepin and all
counties east of the Mississippi River, shall be
exempted from the provisions Of this act, 80
far as it applies to prairie fowl and pennated
grouse, and in such counties SO excepted,
prairie fowl and pennated grouse shall not be
killed between the first day of January and the
first day of August in any year.
SEC. 8. That if any person or persons shall
at any time within this State kill cage or trap
bluebird, finch, thrush, lark, linnet, sparrow,
wren martin, swallow, bobOlink, robin, turtle
dove, catbird, or any other harmless bird not
elsewhere herein mentioned, excepting aqua
tic fowl of every kind, blackbirds and wild
pigeons, such person or persons shall, upon
conviction CnereO1, Oe nneu In the sum OF nVe
dollars for each and every of said birds so
killed, Gagged or trapped.
SEC. That if any person or persons shall
enter into any growing crop, not his own, with
sporting implements about his person, or shall
permit his dog or dogs to enter into any such
growing crop, without permission of the own
er of such crops, such person or persons, upon
conviction thereof, shall be fined in the sum of
ten dollars for each otfense so committed.
SEC. 5. That if any person or persons shall
catch or have in his, her or their possession. or
expose for sale within the State of Minnesota,
any speckled river or brook trout between the
first day of September and the first day of
April, or shall take or catch at any time any of
said trout, save with hook and line, or shall
take or catch any fish of any kind from any of
the waters in the State of Minnesota, excepting
Lake Superior Mississippi. Minnesota, st.
Croix, and Root River, in any other manner
than BY shooting them with gun, or by the
use of the spear, or hook and line such per-
son or persons shall, upon conviction thereof
be fined in the sum of five dollars for each and
every fish sOjtaken or had in possession or ex-
posed for sale.
SEC. 6 That all prosecutions under the pro-
visions of this act shall be commenced within
one month from the time such otfense shall
have been committed, and not afterwards and
the same shall be upon complaint under oath
before any Justice of the peace in the county
where the Offense shall have been committed,
and all fines imposed and collected under this
ont shall ho no i'll ma baf n the cOmOlainaOt