The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03


applicant to be entrusted with such priv
ilege, and properly executed bond in the
sum of one hundred Q0O) dollars, signed
by two ca responsible freeholders Of this
state as sureties, conditioned for the
faithful compliance by the applicant with
all the provisions of the law, and shall
pay said board upon the issuance of such
certificate the sum of two dollars. This
bond shall be forfeited to the state and
certificate become void upon the con-
viction of said applicant of violation
certificate shall be in force and effect
for one % year only from the date Of it's
issue, and shall not be transferable.
Whoever shall violate any of the pro.
visions of this section shall be guilty of
misdemeanor, and on conviction there
of shall be punished by fine of not less
than fifty (50) dollars. or by imprisono-
days, or both.
The board of game and fish commission
ers of this state, upon application from the
board of game and fish commissioners of
any other state, are authorized and en-
powered to obtain and secure alive speci-
mems Of the game birds, animals and
fish of the State of Minnesota, and to
sell or exchange and ship the such speci-
mems to such board of game and fish
commissioners to any point outside of the
State of Minnesota, but such specimens
shall only be used for breeding or for
Sec. AZ. All fishways heretofore or
hereafter erected in any dam or obstruc-
ton across any of the streams of this
state shall at all times be under the
supervision and control of the board of
game and fish commissioners.
1t shall be the duty of any person or
persons who now own or control or here
after may erect, own or control any dam
or other obstruction across any of the
rivers, creeks, streams or other water
courses within or running through this
state, in such manner as to obstruct the
free passage of fish up or down or
through such water or water courses, to
place or cause to be erected in or in con-
nection with such dam or dams, durable
passage of the fish up or down such
waters may not be INSTRUCTED. All such
fiShWayS shall be maintained and kept
in good repair by. the person so owning,
controlling, operating or using any dam
or any obstruction during the whole
time Of the existence of such dam or
obstruction as aforesaid, so that said
fishways shall at all times be open and
free from obstruction for the passage
of fish. In case the owner or person con-
trolling or operating or using any dam
or obstruction aforesaid shall fail or re-
fuse after ten days written notice by
Of this state to construct and keep in
good repair, durable and efficient fish
ways as provided in this act, then said
board of game and fish commissioners
may construct or cause to be constructed
durable and efficient fishways, or place
the same in good repair; and the cost
UnGr0OI MAY De recovered ny lu0 UOdfo
of game and fish commissioners from the
owner or person in control thereof in
civil action before any court having
jurisdiction. Any person owning or con-
trolling such dam or other obstruction
who shall fail or refuse to comply with
any of the provisions of this section with
respect to the construction and mainte-
nance of such fishways in any such dam,
after having been given ten QW days
written notice by the board of game
and fish commissioners to construct or
repair the same, shall be deemed guilty
of a misdemeanor, and snail on con.
viction thereof be punished by fine of
not less than five % dollars nor more
than twenty-five (25) dollars and costs
the county Jail for not less than ten
QO days nor more than thirty 900
days for each and every day after the
expiration of said notice that he shall
neglect and refuse to do so. Every owner
or person controlling any dam or obstruc-
ton in or in connection with which any
fishway has been built as provided in
this act, and to the satisfaction and ap-
prevail of said board, may obtain from
said board a certificate that said fishway
is constructed in compliance with this
act, which certificate while in force shall
be full protection against any prosecu-
ton under this section. Such certificate
may be suspended at any time by said
board when said f1shway is not main
tanned or kept in repair as herein re-
quired. If any person SO owning or con-
trolling any dam or obstruction shall fail
to construct such fishway to the satisfac-
ton of said board it shall be .prima facie
evidence of a violation of this section.
Sec. 49, Any person who deposits any
sawdust or other refuse in any stream or
water wherein the said board have de-
posted or shall deposit fry, or wherein
brook trout naturally abound, shall be
guilty of misdemeanor. and on convic-
ton thereof shall be punished by a fine
Of not less than fifty @ doar amg
costs of prosecution, or by imprisonment
in the county jail for not less than sixty
(6O) days nor more than ninety 600 days
Sec. A. The word person, as used in
this act shall include all individuals,
firms, joint stock companies, corpora
lions and all combinations thereof, and
the word possession, as USED IN TINS act,
shall include both actual and constructive
possession. The word animal as used
herein shall not include any variety OF
birds.
the provisions of any section of this act
shall be deemed a violation of such pro-
vision and punishable in the same man
ner as a violation Of such provision is
punishable.
Sec 46. In any prosecution or judicial
proceeding under the provision OF this
law any participant in any violation
thereof may testify as witness against
any other person violating the same with
out eliminating himself by so doing, nor
shall the evidence so given by him be
used in any criminal proceeding against
him 1Or SuCn VIOLATION.
Sec. Al. All prosecution under this act
shall be commenced within one Cd year
from the time the offense was committed.
In addition to the powers conferred
missioners, it is hereby made the duty
of all county attorneys, sheriffs, con-
stables and other peace officers to en-
force the provisions of this act:
recovered. on any bond given to, or con-
tract made with the board Of game and
fish commissioners, or received by them
for the sale of any birds, animals or fish,
or from licenses, or for other purposes,
except for the board of game and fish
commissioners Of other states, under any
provision of this act shall be paid into
the state treasury and placed to the credit
of the general revenue fund of the State
of Minnesota.
Said board is hereby authorized to offer
and pay over out of any moneys subject
to their order a reward of ten Q0) dollars
for the conviction of any person for the
violation of any provision of this act,
such reward to be paid to the person
claiming the same upon his furnishing to
said board certified copy of the docket
of the justice of the peace before whom
the person of said offense has been con-
victed; provided, the fine so imposed shall
equal ten Q0) dollars and shall have been
paid to the state treasurer.
Sec 40. The provisions of this act shall
not apply to domesticated birds or ami
mails, or to trout grown in private hatch-
cries. Provided, however, that in. any
prosecution for violation of any Of the
provisions of this act it shall not be
necessary for the prosecution to allege
or prove that the birds or animals were
not domesticated or that the trout were
not grown in private hatchery, or that
the birds, animals or fish were not taken
for scientific purposes, but the person
claiming that such birds or animals were
domesticated, or the trout were grown in
a private hatchery, or that said birds Or
animals were taken for scientific pur-
poses as herein provided, shall prove on
animals were domesticated, or such trout