The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-05-11

Passed at the Session of 1919.
Published April Z, 1861
CHAPTER Alb.


AN ACT for the protection of brook trout i'll the
state of Wisconsin.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section l. No person shall take by any device,
continuance or means whatsoever, any brook
trout within any of the streams, lakes or waters
within this state, between the fifteenth day OF
September and the fifteenth day of April follow
ing in each year; and no person shall at any time
take brook trout with any net selne wire basket,
spear, grapple, trap, OF any device whatever ex-
cept hook and line or set or use any such net
or other device except hook and line to take
brook trout in any of the streams lakes or waters
within this state; and every person otfend1ng
against the provisions of this actor who snail eX
pose for sale or shall have any brook trout
in his possession or custody taken by means OF
any net or other device except hook ana line, OF
which shall have been taken during the Cme
when the taking thereOf1S proh1hltted by ILLS ACT
shall he subject to fine of not less than five dol
lars nor more than one hundred dollars, ana I'M
prsonment in the county jail OF not less than fve
days nor more than twenty days for each oHense,
together with cost Of prosecution.
SeCtiOr 2. Any sheriff, coroner, justice OF the
peace 81 constable ofthe proper county snail, up
on view.oL iufOrmatiOn, and without warrant ar
rest any person offending against this act, ana
shall seize any brook trout taken ana any net or
other device set or used contrary to the provisions
of this act and convey the same to place OF safe
ty and take the person or persons so offending, II
they can be found before any justice OF the peace
within the county, and shall make an inventory
of the property so SeiZed and the said justice OF
ton of the officer apprehending such offence, or
the oath of any other person shall proceed forth
with to inquire into the truth of the accusation
and if found true, such justice shall enforce the
penalty prescribed by this act.
Section g. If such offender shall fail to pay
such fine as said justice of the peace shall 1nct
together with COSTS including the necessary ex-
penses of the seizure and care of any property OF
any kind seized under the provisions of this act
the said Justice of the peace shall forthwith issue
an execution and deliver the same to the sheriff
.Oro my n cOUOfV
iatsly levy the said writ upon the property SO
seized, or sufficient portion thereof to make the
amount of such fine and costs and SHALL after CIV
ing ten days notice Of the time and place OF sale
by posting written printed notices in three pub
lie places in the township, proceed to sell said
property so levied upon to the hlgneSC Dlader lot
cash and after paying the amount OF such eXecu-
lion and accfuing costs thereon, snail pay tne
residue of the proceeds of such property to the
defendant and take his receipt therefor; ana II
the proceeds of the sale of such property shall be
insufficient to pay such fine and COSTS the sheriff
or constable having such execution shall levy up
on any other property belonging to such OHender
to satisfy the deficiency; and when no seizure OF
property OfSuch offender has been made the SAID
Justice of the peace may proceed IN like manner
to levy upon any property OF sucn OHender OF OF
tenders TO pay any fine and costs imposed Tor Vl0-
latiOns of this act; and whenever property snail
be seized under the provisions of this act and the
offender or offenders cannot be ascertalned or
found the said Justice of the peace shall dispose
of the said property in like manner, and after
paying the costs out of the proceeds OF such DIS
position the remainder shall be paid one-half to
the informer and the other half into the comfy
school fund; prouided; that whenever brook trout
shall be seized under the provisions of this act
the sheriff or other officer having them in custody
shall forthwith sell them for the best price for
cash and dispose of the proceeds thereof the same
as if an execution had issued as herein provided.
Section 4. All fines received under the prOy1s-
ions of this act shall be paid one half to the
informer and the other half into the county
school fund.
Section s. All acts or parts of acts in conflict
with this act are hereby repealed; prOUided that
nothing herein shall apply to or affect the laws of
the state relating to the propagation, preserving
and raising brook trout, nor shall anything here
in apply to the accidental taking of brook trout
in pound nets set for whitefish and other large
fish.
Section 6. This act shall be in force from ana
after its passage and publication.
Approved March Ii, 1876.
Published April s, 1851