The new North-west., 1897-03-12


Imprisonment, in tn . discretion of the court.
SECTION Is. There shall be constructed at all
dams now existing, or any that may be hereafter
placed on any Of the streams in the state, a fish
way Or ladder, said fshway or ladder to conform
to the following requirements:
1t shall be from three to six feet in width. as
the fish and game warden may direct; 1t shall ex-
tend from the base to the apex of the dam; ii
shall be strongly constructed and made Of at least
two-inch plank; the sides shall not be less than
one foot in height; it shall have wings placed on
the inside at an angle Of not more than 40 de-
grees, which said wings shall not be more than
four feet apart along each side Of the way or lad
der; the way or ladder shall have slope Of not
more than 30 degrees. Any person or corpora
tion who shall violate any of the provisions Of this
section, upon conviction thereof shall pay fine
of not less than $50 nor more than 5000. or be i'm
prisoned in the county jail for period Of not less
than 80 days, nor more than 80 days. or both such
fine and imprisonment, in the discretion Of the
court
SECTION l6 The possession Of the dead bodies
or any part thereof or any of the birds or animals
mentioned in this act shall be prima facie eyi-
dence that such person or persons is or are guilty
OF killing the same.
employe, of any stage or express company or
railroad company, OF association of persons, who
shall receive for transportation or carriage, or
shall SELL or offer for sale, fish or game that have
been taken or killed contrary to the provisions of
OF this act, knowing or having reason to believe
that such fish or game were 50 Illegally caught,
taken or killed. shall be deemed guilty of misde-
meanor, and upon conviction thereof, shall be
m an mo hoO or, t1,o,,
$500 for each lot or shipment of fish or game SO
transported or carried. or be imprisoned in the
county Jail for not less than so days or more than
30 days, or both, in the discretion of the court.
SECTION IS. Any person or persons who shall
Willfuily shoot or otherwise kill, or cause to be
killed. at any time, any of the animals mentioned
of procuring the heads or hides only, or for spec
ulatve purposes, or for "ket, for sale, shall
be deemed guilty of a msdemeanor, and upon
than sl0onor more than $780, or be imprisoned in
the county jail not less than one month nor more
than six months, or both such fine and imprison-
ment at the discretion Of the court.
SECTION 10. Every person who shall sell or Of
fer for sale, any of the birds or animals or any
part thereof mentioned in sections /, q 8, 4. and
than $25 nor more than $3.50, Or by Imprisonment
in the county Jail not less than 80 days. nor more
than so days or both such fine and Imprisonment
in the discretion of the court. --
SECTION 20. 1t shall be the duty of all grand
uries to investigate all infracions of any proyis-
ions Of this act except such cases and violations
as may have been tried by a court of competent
jurisdiction, and upon due proof of violation OF
n M hnll IN
ndct such party or parties according to law, and
1t is hereby made the duty OF the Judge Of the dis
trct court to call the attention of the grand jury
to the provisions of this act, The district court
shall have concurrent Jurisdiction with the iustl
the provisions Of this act
And it is further provided that in constituting
this act the provisions and penalties hereinbefore
include all Indians and half-breed Indians when
provided and declared to be the duty of any sher.
it, peace officer of any county of this state and
the county attorneys of the respective coun-
ties, when it shall come to their knowledge, or
they shall have reason to believe that any person
has violated any of the sections of this act, to
commence criminal proceedings against them in
judgment shall be proper, and any failure on the
part OF any county attorney sheriff, or other
peace officer, or game warden, who has KIN owledge
OF the violation Of any of the provisions of this act
to commence such proceedings shall be deemed
guilty of a misdemeanor and he shall be punished
by a fine of not to exceed $500, or by mprison-
ment in the county jail for not less than six
months, or both such fine and Imprisonment, in
ha iCnra If ha
office.
SECTION Il. All fines and penalties mentioned
in any section of this act may be collected by a
civil action in the name of the state Of Montana
in any court of competent jurisdiction, upon
proper complaint being filed; one-half Of the fine
thus collected shall be paid to the game warden
whose appointment is provided for in section 310C
of the political code, if he be the informer other.
wise to the person furnishing the information OF
the violation Of this act; and one-half of said fine
when collected shall be paid into the state treas
ury for the benefit of the state game warden, as
provided for in "An Act entitled an act for the
further preservation Of fish and game in the state
OF Montana and appointment of a board of game
and fish commissioners" All such fines and costs
such defendant or defendants may, by order OF
county until such fine and costs are paid.
SECTION o. Sections ITO and ll44 inclusive Of
the penal code and the whole thereof, are hereb,
repealed and all acts and parts of acts in conflict
herewith are hereby repealed.
SECTION %. Whenever it shall appear under
any prosecution under any section of this acl
making it a felony for the violation thereof, that
the crime was committed, or that the game was
killed, or the fish caught, in violation of law il
any other state than Montana, it shall be the dut!
of the Magistrate or the court before VIII ON the
trial was had to hold said defendant for at leas
ten days. and for such further time us may be
necessary to allow the authorities of said STATE
wherein the law has been violated to take the nee
essary steps to secure the arrest and eXtrad tiof
OF the accused il they SO desires and on the old
ing of the accused under the provisions of thi:
section, it Shall be the duty of the county attorney
or attorney prosecuting to Immediately notify thu
proper officers Of the state ana county, in which
appears the law has been violated OF Ill the fact
and circumstances connected with the said p:o
ceedngs.
SECTION 24 When it is shown that any viola
tlon of the provisions of this .ct for the pur-
pose of preventing great suffering by hunger, OF
any person or persons, which could not otherwise
have been avoided, the provisions OF this act sha
not apply to said case
SECTION 25 None of the sections of this ac
Shall apply to persons hunting or otherwise EN-
gagged in collecting specimens under the direction
of any state educational institution of the state o
Montana
SECTION 26. Any person, company or corpora
tion using any ditch or ttume from any stream