The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09

900 dollars and costs Of prosecution, Or III
default of the payment of any such line be
Imprisoned In the county jail not less than
thirty (3O) days nor more than sixty COY
SEQ. 5. Any person or persons, firm
or, company who shall purchase, sell.
ship or otherwise dispose Of or have
In his, her or their possession for his or their
G tSa us, use. or 70. any other purpose, any Of
except aliye). during the time that the kill
ing thereof is prohibited by this act (except
during the first three days Of such time or
close ci .. season and except as to animals;as
deemed guilty Of a misdemeanor, and shall,
on conviction thereof be punished by fine
Of not less than ten $50 dollars, nor more
than ops HUNDRED ($l0O) dollars and costs of
chased. sold, shipped or otherwise disposed
Of contrary to this act, and in default OF the
payment Of such fine shall be imprisonedIin
the county Jail not less than ten Q0) days;
chase, sale or shipment or possession Of any
of such birds or animals contrary to the pro-
visions of this section shall be prima facie
EVIDENCE that such person purchased, posses
sed, sold, shipped or disposed Of such bitds
provisions Of this act
SEC. 6. Any express company, railway
company, common carrier or any other cdm-
pany or person CARVING on business in this
state, or any servant or agent or Employed Of
any such company receiving or having in Its
his or their possession or that shall carry, ship
or transport for compensation or otherwise
any bird or animal mentioned in this act
Except alive) whether for transportation or
otherwise, and killed within this state during
the time that the killing of any such bird or
animal is prohibited by this act except dur.
ing the first three days Of such close season
or time. and except Gs to animals as other
wise provided in this acD, shall be guilty OF
misdemeanor, and. upon conviction there
Of shall be punished by a fine of not less
than twenty $50? dollars. nor more than two
hundred 5000 dollars and costs of prosecu-
ticn for each bird or animal SO received, pos.
sessed, held. carried or transported. and may
be prosecuted before any justice of the
peace, police magistrate or district mu-
birds or animals arc found SO unlawiuliy
possessed, transported or disposed Ct; pos
session Of any such bird or animal by any
such company: servant. agent, or EN- ployee
or animal was killed. held or possessed con-
trary to the provisions Of this act.
SEC. 2. No person, persons or corporation
shall at any time export or cause to be ex-
ported or carried out of the limits of Min.
nesota any of the birds or animals mentioned
in this act Except alive) and any person or
persons, or CORPORATION who shall export or
cause to be exported, Or carry out or cause to
be carried out OF the limits of this state any
OF the birds Or animals mentioned tn this
act, shall be deemed guilty of a mistiemc nor,
and upon conviction thereof shall lie pnn-
lshed by a fine IT not less than ten (lO> dol
lars nor more than two hundred (20ol dol
lars and costs of prosecution for each bird or
animal so exported or caused to be exported
or carried out of this state. And the pro-
visions Of this section shall apply to every
company CARRYING on business within state,
ana to any and every employee of such cor
poratlon, railroad company or express COM
pany.
into any. growing or standing grain not his
own with sporting implements about his
PERSON; nor permit his dog or dogs to enter
into any such growing or standing grain
thereof: and no person shall at any time
hunt or shoot upon any lands of another
after being notified not to hunt or shoot
thereon; and any person who shall without
land OF another after being notified not to
hunt or shoot thereon, be deemed guilty Of A
misdemeanor, and shall upon conviction
thereof he punished by fine of not less than
ten 40! dollars, nor more than fifty (5V dol
lars and osts OF prosecution for each and
every otfense, to be recovered by action before
anyjustice OF the peace of the countywhere the
offense is committed, or of the county where
the defendant may reside. to be brought by
and in the name OF The owner or occu pant of
the land; or in default Of the payment of
such fine shall be imprisoned in the county
jail not less than ten 90! days nor more thar,
tAIIL! tO'!) usyS, Dut uOtIltuR i'll tIlS SectlON
contained shall be so construed as to limit or
in any way affect the remedy of the owner
or occupant OF any such grain or enclosed
land or unerciosed land, or of the person in
jurcd, at common law for trespass.
SEC. 8. The sheriffs and deputy sherifrs OF
the several counties, and constahles of the
several townships. the marshals and police
officers of the several towns and villages in
in office, shall be within their several juris.
dictions the game wardens Of the state aud
it shall De the duty of all Of said wardens to
faithfully enforce all Of the laws OF this state
relative to the preservation of game, the same
being the birds and animals above men
toned. And it shall be and is hereby made
the duty of all such officer or officers to- but
any other person may take cognizance of all
violations Of this act, and when Of their own
knowledge or upon receiving information it
shall appear that any provisions of this act
has been violated it shall be the duty Of such
officer to make complaint and prosecute such
shall be commenced within ninety 900 days
and the same may be by complaint before
any justice Of the peace Of any county, or be
fore any police justice or city justice OF any
which the defendant may be found: And ali
fines imposed and collected under the provis
ions of this charter shall be paid to the war
den (offlcer) making complaint or in case
plaint, then one half Qe) of the fine SO I'M.
posed and collected shall be paid to such
complainant and the balance into the treas
ury OF the county where the conviction takes
place, for the use OF the common schools OF
SEC. 10. Any justice Of the peace, police
justice or city justice or municipal
or other court is hereby author
lied and required, upon showing by affidavit
of probable cause to believe, that any person
or persons, or corporation. or their agents.
servants or employees thereof, within his
jurisdiction, has or had concealed any bird.
or animal, or wild fowl, mentioned in this
chapter, during. any of the prohibited peri
DDS, or has obtained or possessed the SAME in
any manner prohibited in this chapter to
issue his search warrant and cause search to
be made in any house. market, boat car or
other building OF premises or any vehicle;
and the sheriff, constable or other officer
shall execute said warrant as in other cases
provided. In case the sheriff, constable or
other officer executing such search warrant
shall find such game, bird, or animals, or
wild fowls, he shall arrest the person or per-
sons complained against and SO. having the
same in his or their possession. or under his
or their control. and shall also seize and take
mails or wild fowls, and make immediate re-
turns of his proceedings to the Justice BY
bringing before him the person or persons
arrested ana the property seized as hereiube
fore directed. And it shall be the duty Of
such officer or officers. and also of all county,
town, village, or city attorneys, TO prosecute
SUCH person or persons, corporations or en-
ployeS TO Judgment. In case OF the SSizure
of any birds or animals, the court, upon
being satisfied from the returns of the otfi-
GERS Selling the same, or having it in his pos
session. or from other satisfactory evidence
that the same would spoil or become impure
or unwholesome if kept during the pending
of the prosecution or until final judgment
may order the officers to sell the same, and
may prescribe the time and manner of con
Quoting such sale. The proceedings Of such
sale shall be paid by the officer to the justice
before whom the case is pending, and if 1t
shall appear upon the trial of any such ac-
ton that the possession of any such birds or
animals were lawful, the money arising from
such sale shall be paid forthwith to the de-
PENDANT, and he shall have judgment against
the county wherein such action was COM
mencad for his costs and disbursements
SEC. IL. If any sheriff, constable, marshal,
police officer, Justice, county attorney or
other ofiic Or willfuly neglects or refuses to
perform any duty required of him byi the
provisions relating to the preservation Of
game, he shall be deemed guilty Of a NAL
feasance in office and shall thereafter be- dis.
qualified from holding the same for and
during the remainder Of the term for which
he was elected or appointed.
SEC. IL. That chapter one hundred and
forty-two Q42) Of the General Laws Of Min
nesota, QS87). eighteen hundred and eighty.
seven, and chapter twenty (2O) of the Cen