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


panied by the person who actually caught
them in the manner and at the time here
in permitted. by this act, they may be
taken out OF this state, but not other
to take more than fifty of such fish out
side of this state. Whoever shall offend
against any of the provisions of this
section snail De guilty of a misdemeanor,
and on CONVICTION thereof shall be pun
ished by me of not less than ten QO
dollars nor more than fifty 900 dollars
and costs OF prosecution, or by imprison-
ment in the county jail for not less than
ten QO days nor more than sixty 600
days, for each and every fish so caught,
taken or Killed, or had in possession or
under control. or SO shipped or allowed
to be shipped or aided to be shipped.
Sec. 81. NO person shall at any time
have in possession or under control in
this state any bird. animal or fish caught,
taken or Killed outside of this state at a
time when 1t is unlawful to have in pos
session or under control such birds, ami
mails or fish when caught, taken or killed
in this state.
provisions of this section shall be guilty
of a misdemeanor, and on conviction
thereof shall be punished by fine of not
less than ten Q0) dollars nor more than
fifty 600 dollars and costs of prosecution,
or by Imprisonment in the county Jail for
not less than ten Q0) days nor more than
sixty 600 days for each and every such
bird, animal or fish had in possession or
under control.
Sec. 33. The possession or having under
control of any bird animal or fish of any
kind, the killing of which is at any or all
tunes herein prohibited shall be prima
facle evidence that it was the property of
this state at the time it was caught,
taken or killed. and that it was caught,
taken and killed in this state, to disprove
which it shall be necessary to show by
testimony OF the party who actually
the time 1t was caught. taken or killed it
was not the property of this state, or that
1t was caught, taken or killed outside of
this state. Whenever it shall appear that
any bird, animal or fish of any of the
kinds the killing of which is at any or
all times herein prohibited was caught,
taken or killed outside of this state, it
shall be prima facie evidence that at the
time 1t was caught, taken or killed it
was the property OF this state, territory
or country in which it was caught, taken
or killed, and that such bird, animal or
fish was caught, taken or killed at a time,
in a manner or for a purpose prohibited
by the laws of the state, territory or
country where it was caught, taken or
killed, and that it was shipped out of
ton, of the law thereof, to disprove which
it shall be necessary to show by direct
and positive evidence that at the time
it was caught, taken or killed it was not
the property of the state, territory or
country in which it was caught, taken or
killed, or that it was killed at a time, in
a manner and for a purpose permitted by
the law OF the state, territory or country
where 1t was killed. and that it was not
shipped out of said state, territory or
county in violation of any law thereof.
Sec. "a. 1t shall be the duty Of every
common carrier, it's agents and all other
fish of any of the kinds the killing of
which is at any or all times herein pro-
hibited, is, in violation of law, offered for
transportation or had in possession for
tc& hi To Of
notify the board of game and fish COM
misSioners of this state, or one of the
game wardens appointed by them, of the
name and residence of the party making
shipped and the name and residence of
the party to whom shipped, and the kinds
of birds, animals or fish so shipped
Whoever shall offend against any Of the
provisions of this section shall be guilty
of misdemeanor, and on conviction
thereof shall be punished by fine of
not less than fifty (5O dollars nor more
than one hundred Q0O dollars and costs
county Jail for not less than sixty 600
days nor more than ninety (9O days.
Sec. 35. All sections of this act relat-
ing to the having in possession or under
the shipment thereof out of or into this
state, shall be construed to include any
and all parts of the flesh or meat thereof.
Sec. Sc. Any bird, animal or fish men
or had in possession or under control
contrary to any provision of this act, is
hereby declared to be and shall be con-
traband and it shall be the duty of all
commissioners. all game wardens sheriffss
police officers Of :. this state, at
any and all times to seize and take
or fish which have been caught, taken
or killed at a time, in a manner or for
a purpose, or had in possession or under
control, or have been shipped contrary to
ing jurisdiction of the. offense, upon re-
ceiving proof Of probable cause for be-
lfeving in the concealment of any bird,
animal or fish caught, taken, killed or
shipped contrary to any provision of this
act, shall issue a search warrant and
cause a search to be made in any place
therefor, and to that end may cause any
building, Enclosure or car to be entered,
and any apartment, chest box, locker,
crate basket or package to be broken
open and the contents thereof examined.
All such officers taking or ,seizing any
report all the facts attending the same
to the board Of game and fish commits
sioners of this state.
Sec. 81. When any bird, animal or fish
caught, taken or killed, or had in posses
sion or under control contrary to any pro-
vision of this act and which shall come
into the possession of the board of game
and fish commissioners Of this state, they
shall sell or dispose of either within or
without this state to the highest bidder,
or for the highest offer, and shall issue
a certificate to the party purchasing the
same, certifying that the same was
that end to ship the same out of this
state, and any one so acquiring the same
within this state shall have the right
to deal Herewith the same as if 1t had
mr. 9ncOrd-
ance with the laws of this state, anything
herein to the contrary Notwithstanding.
The proceeds of all such sales shall be
deposited in the state treasury to the
State of Minnesota.
Sec. 49, Any and all devise )es, contriv-
ances, materials and substances whatever
while in use, or had or maintained, for
the purpose of catching, taking or kill
ing. or attracting or deceiving any bird,
animal or fish contrary to any provision
of this act, including fish houses, enclos-
ures or other sheltering structures or
ice or in any waters, or on the shore of
any lake, pond or stream is hereby de-
clared to be and is public nuisance, and
it shall be the duty of all the members of
the board Of game and fish commission
ers, all game wardens, sheriffs and their
deputies, constables and police officers of
this state, without warrant or process, to
take, seize, abate and destroy any and
all of the same while being used or had
or maintained for or on account of such
taking, Selling, abating or destruction.
And no liability shall be incurred to the
owner or any other person for such seiz-
ure and destruction and said board of
game and fish commissioners. and all
wardens and other officers or persons,
shall be released from all liability to any
person or persons whatsoever for acts
done or committed or property seized or
destroyed under and by virtue of this
section.
Any complaint or objection made by
any person to any such taking, seizure,
facie evidence that such person was using
and had and maintained the same in vi
nlation of the provisions of this act at the