Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1899-11-07

seine in or upon any of the public
waters OF the state, or upon the ice
of the same, or on the shore within a
limit of ten rods, shall be prima facie,
evidence of the intent to violate the
provisions of this section, against
spearing and SEEMING fish. But this
presumption shall not exist against
fishing in the excepted waters, as pro-
yided in section 2547 of this chapter.
Sec. 2541. In taking minnows for
bait, a three-eighth inch mesh seine
not exceeding five yards in length
may be used, and if any of the fish
enumerated in the preceding section
shall be taken they shall at once be
restored unframed to the water
whence taken, and the word s'min-
nows" as used in this chapter does not
include young bass, pike, croppies,
trout, salmon, or fry of any game fish,
native or otherwise.
Sec. 2542. No person shall use more
than two lines, with one hook upon
each line, in still fishing or otherwise,
except that trot line, as above pro-
vided, or in trolling spoon-hook COM
posed of three hooks fastened together
may be used.
Sec. 2543, No person shall knowing
ly buy, sell, offer for sale, have in pos
session for sale or transportation, or
for any other use or purpose, any fish
uplawfully taken under the provisions
of this chapter.
Sec. 2544. Anyone who shall violate
any provisions of the four preceding
sections shall, upon conviction, pay
fine of not less than SIS nor more than
$50 and costs of prosecution for each
offense, or he imprisoned in the coun-
| ty Jail for not less than one day nor
more than thirty days, and the taking
of each fish in violation of law shall
be separate offense.
Sec. 2545. Persons who raise or pro-
pagate fish upon their own premises,
or who own premises on which there
are waters having no natural inlet or
outlet through which such waters may
become stocked or replenished with
fish, are the owners of the fish therein
and may take them as they see fit,
or permit the same to be done. Any
iiperson taking said fish without the
consent of such owner shall be guilty
of misdemeanor, and be prosecuted
and punished as provided in the pre-
ceding section, and such owner may
recover three times the value thereof
from the person SO taking them.
Sec. 2546. The warden may take
from any of the public waters of the
state, at any time and in any manner,
any fish for the purpose of propagat-
ling or restocking other waters, or ex-
changing with fish, commissioners or
wardens of other states or of the Unit
ed States.
Sec. 2547. Nothing herein contained
shall be held to apply to fishing in the
Mississippi, Missouri or the Big Sioux
rivers, nor to SO much of the Des
! Moines river as forms the boundary
line between this state and Missouri,
nor to forbid the erection of dams
across the waters of the state for
manufacturing or other lawful pur-
poses, subject to the provisions of the
/. following section.
4 Sec. 254S. No dam or obstruction
across any river, stream or other wa
4 tiers in this state shall be erected or
maintained which is not provided with
a fsh-way of suitable capacity and ia
cilities Ito afford free passage forfsh
up and down the same, while the wa
ter is running over such dam or OBJ
struction. Any dam or obstruction
which is not SO constructed is public
nuisance, and may be abated accord
ingly. "A violation of this section is a
misdemeanor, and in addition to the
remedy in this section provided, the
defender may be punished by fine OF
not less than 500 or imprisonment in
the county Jail not less than fifteen
ldays nor more than thirty days.
Sec. 2549. An city or town, bound
ed in whole OF in part by any mean
dered lake or chain of lakes, or the
board of supervisors of the county in
which such waters are situated, may
construct and maintain across the out
let or inlet thereof a dam to obstruc,
the passage of fish, the same to be OF
earth, masonry, or other material to
the natural and ordinary level of the
lake, above and across the entire
width to be an open network of bars
or wire with the necessary supports
so arranged as to prevent as far as
may be the escape of fish. For this
purpose, upon the petition of major
| ity of the resident taxpayers of any
4 city or town, SO much land as is sit
Iuated within the corporate limits as
may be necessary may be purchased or
condemllssd in, the same manner provid.
Led for the appropriation of private
J property for streets and other munici-
pal uses,and paid for out of the gener-
al fund.
Sec. 1850. Whoever shall wilfully
injure or destroy such dam SO erected
or maintained, shall be guilty of a
| misdemeanor, and, upon conviction
shall pay fine of not less than 500
l nor more than $500, or be imprisoned
| in the count Jail not less than thirty
nor more than one hundred days, and
pay the cost of prosecution.
Game Protected.
| Sec. 1851. No person shall trap shoot
or kill any pinnated grouse or prairie
chicken between the first day Of De
lcember and the first day of September
next following; any woodcock, be.
tween the first day Of January and the
tenth day of July; any ruffed grouse
or pheasant, wild turkey or quail, be.
tween the first day of January and the
1 fret 6ou Of Nnvombar. apv wild dial,