The Portland daily press., 1895-02-28

i. u. fouCn COTpOTdJIUII5
take and hold as for public uses, land necessary
for the construction and operation OF It's lines.
Land may be so taken and damages thereloI
may be estimated, secured, determined anu
paid as in case of railroads. But no corporation
organized hereunder shall, without speclaI ACT
OF the legislature, take, use or appropriate eA-
eept as herein provided, the nes, lalo, t t;o,
ton or other property of any other corporation,
person or firm doing or authorized TO 40 d ike
business, except by consent OF such other COM
pany, person firm.
Seer g. Section eleven of chapter three hun
dred and seventy eight of the public laws OF
eighteen hundred and eighty-hye, as amendeu
by section one of chapter eight of the public
laws of eighteen hundred and ninety-one, Is
hereby repealed, and all other provisions OF
said chapter three hundred and seYenty-elghb
not inconsistent herewith, are hereby made
applicable to corporations organized under this
act.
SECT. o. This act shall take effect when
approved Approved March IL.
Chapter 1O4.
AN ACT amendatory of and additional to
chapter forty of the Revised Statutes, rela-
ing to Fish and Fisheries.
SECT. 1. Section thirty-three of chapter forty
of the revised statutes is hereby amended, so
as to read as follows
SECT. 49, The governor with the advice and
consent of the council, shall appoint three
persons to be commissioners of inland fisheries
and game, one of whom shall be the land agent
of the state, and who shall hold said office so
long as he shall remain land agent OF the state,
and shall receive in addition to his present
salary annually, the sum OF two hundred dol
lars; the other two members shall hold their
office for three years, and until their successors
are appointed and qualified, and shall each re-
ceive an annual salary of one thousand dollars.
Said commissioners shall receive in addition to
their salary, actual travelling expenses to pc
audited by the governor and council. Inc
governor with the advice and consent Oh the
council shall also appoint one other commits
sioner who shall have general supervision OF
the sea and shore fisheries and shell fish, regu-
lated by this chapter, and shall hold this office
for three years and until his successor IS ap-
pointed and qualified.
SEC q Chapter forty of the revised statutes
is hereby further amended, by adding thereto
the following sections:
SECT. 70. Said commissioners of inland fish
cries and game shall examine dams ana all
other distractions existing in all rivers and
streams, and determine the necessity OF hsh
ways, and the location, form and capacity
thereof; introduce and disseminate valuable
species of food fish into the inland waters OF
the state, and valuable food birds into the
state. They shall examine into the workings
of the inland fish and game laws, see that all
violations thereof are duly prosecuted, and
perform all other duties prescribed by law.
They shall report annually to the governor, on
or before the thrty-trst day of december,
who shall cause three thousand copies TO pc
printed
SECT rs. The commissioners of inland fish
cries and game shall have authority, upon petit
ton of five or more citizens of the state, or
whenever they shall deem it for the best in
terests of the state, after due notice and public
hearing in the locality to be affected to regu-
late the times and places IN wnlcn ana TN, tne
fish may be taken; but they cannot authorize
the taking of game or inland fish at time IN
which so doing is prohibited by the laws OF the
state.
SECT. II. Whenever they deem it for the
best interests of the state, after like notice
and hearing they may entirely, proddi9i s '1 n
any part of the state for series OF years not
exceeding four.
SECT 7s They may adopt and, from time to
time modify or repeal such needful rules and
regulations, not contrary to the laws or the
state, as they may deem necessary OF proper Tor
the. protection and preservation OF the game
and inland fish of the state, in conformity
with the provisions of sections seventy-slx and
seventy-seven of this chapter.
SECT. 49, They shall file in the office OF the
clerks of the cities, towns and plantations IN
the territory to be affected copy OF the rules
and regulations adopted by them, and publish
the same three weeks successfully in news
paper printed in the county and post on the
| banks of waters to be affected as near as may
| be like notices; and whenever any such rules or
regulations apply to any unorganiz zs township
courts for that county and published three
weeks successfully in a newspaper printed IN
| the county; they shall also Immediately upon
templated by this act, file an atteSted copy OF
the same in the Office of the secretary of state.
| SECT. 80. Whoever fishes for, takes, catches,
kills or destroys any inland fish, in any manner
or at any time, in violation of any OF the rules
and regulations of the commissioners OF inland
| fisheries and game, made and promulgated in
| conformity with the provisions of this chapter,
| shall be punished in the same manner and to
| the same extent as is provided for by law for
the Illegal taking, catching, killing or destroy
| ing any such inland fish.
Seer. 81. Whoever at any time OF in any
manner shall hunt, chase, catch, kill, take,
have in possession, or destroy any inland game
| in violation of any of the rules and regulations
| of the commissioners of inland fisheries and
game, made and promulgated in conformity
with the provisions of this chapter shall be
punished in the same manner and to the same
! extent as is provided for by law for the Illegal
hunting, chasing, catching, killing, taking,
having in possession, or destroying any such IN
land game.
SECT. 50. Any person who wil1fully mutt
lates, defaces or destroys any notice, rule or
regulation of the commissioners OF inland
fisheries and game, posted in conformity with
| the provisions of this act, shall be punished by
fine not exceeding fifty dollars, to be re-
covered by complaint or Indictment; one half
of said fine shall be paid to the prosecutor.
SECT. 3. Section forty of chapter forty OF the
revised statutes, and all amendments thereto
are hereby repealed.
consent of council, upon the recommends
| ton of the commissioners of inland fisheries
and game may, appoint suitable persons as fish
and game WardenS, who shall hold office for
term of three years unless sooner removed;
who shall enforce all laws relating to inland
i game and fisheries, and rules and regulations
| In relation thereto, arrest all ViO1ators thereof
and prosecute all otfenses against the same;
they shall have the same power to serve crinli
nal processes against such offenders, and shall
| be allowed the same fees sheriffs for like
services; they shall have the same right as
| sheriffs to require aid in executing the duties
of their office. They shall, before being quail
fed to discharge the duties required by this act
| give bond with two good and sufficient sureties
| in the penal sum of two thousand dollars ap
proved by the commissioners OF inland fisheries
and game to the treasurer of the state, condi
toned for the faithful performance of the
duties of their office.
| SECT. 5. The governor, with the advice and
| consent of council, upon the recommends
| tion of the commissioner of sea and shore fish
| cries may appoint suitable persons as fish war
| dens, who shall hold Office for term OF three
| years unless sooner removed, who shall enforce
| all laws and the rules and regulations relating
to sea and shore fisheries, arrest all violaters
thereof, and prosecute all otfenses against the
same; they shall have the same power to serve
criminal processes against such offenders, and
shall be allowed the same fees as sheriffs fol
like services; they shall have the same right as
| sheriffs to require aid in executing the duties
| of their office. They shall, before being quail
fed to discharge the duties required by this act
| give bond with two good and sufficient sureties
in the penal sum of two thousand dollars APP
| proved by the commissioner of sea and shore
| fisheries to the treasurer of the state, condi-
toned for the faithful performance Of the
| duties of their office
SECT. 8. All acts and parts of acts inconsis-
tent with this act, are hereby repealed.
| TAnDroyed March ISL .