The Portland daily press., 1899-03-20

nance Of fishes, may take them in his own en-
closed waters wherein the same are so cultl-
Yated and maintained, rs and when he picascs,
and may Al all times sell them FOR cultivation
and propagation; but he shall not sell them for
food at seasons when the taking thereof is
prohibited under penalty Of not less than ten
nor more than one hundred dollars, and a fur
Their penalty OF not. less than one dollar for
each FISH SO sold. Any person engaged In tho
artificial propagation OF trout, or fresh and
salt water salmon, when the parent Gsh arc
taken from public waters ia the state, shall re-
tain not less than twenty-five per cent ot all
eggs taken from said parent fish, and chan
cause the same to be properly cared Tor and
Matched, and when Matched and in proper con-
dition, 70 be returned to q place suitable for
such young fish in the original waters from
which the parent fish were taken, and shan
cause said parent FISH to be returned to safe To-
cations in such waters, under 3 penalty Of not
less than fifty nor more than i've hundred dol
lars for each oiicnsc. But this section docs
not apply to eases ia which the parent FISH are
taken In the manner and at the time and place
permitted FOR Che capture or such iish for food,
nor to operations IN fish culture conducted for
public purposes by permission of the commits
sioners of fisheries who may afiix such cordi-
in no case, however, less than twenty-five per
cent OF the young fish to be returned, IS pro-
yideG in this section.
Section %. No person without permission
Of the prcprictor shall fish in thas portion Of a
pond or other water in which fish are artiecialiy
cultivated or maintained by written permission
OF the fish commissioners, under q penalty OF
not less than ten nor more than one hundred
dollars, besides two dollars for each fish 50
taken or killed; and, in default of payment,
such offender shall be imprisoned as the eN-
pensc Of the prosecutor, until said forfeiture
is paid or otherwise discharged by due process
oflaw.
section &c. Whoever kills or destroys any
sea salmon or land-locked salmon less than
nine inches IN length, or any trout less than
five inches in length, forfeits five dollars for
tbs ofTense and rfty cents for every land-locked
salmon or trout 20 lci.,ed or destroyed. Who
ever has Ia possession any salmon or trout
of less than the above dimensions shall be
deemed to have taken it in violation OF this
section.
Section A.. The governor with the advice
and consent of tho council. upon tho recon-
mendaton Of tho commissioners of inland
fisheries and game, may appoint suitable per
sons as fish and game wardens, who shall hold
Office for term of three years unless sooner
removed and who shall enforce all laws relat-
ing to inland fisheries aud game, and all rules
and regulations in relation thereto, arrest all
vioators thereof, and prosecute all ofrenses
against tho same; said wardehs shall have the
same power to serve criminal processes against
such offenders, and shall he allowed the same
fees as sherifts, for like services, and they
shall have the same right as sherifrs to require
aid In executing the duties of their Office.
They shall, before being qualified to discharge
the duties required by this act, give bond to
the treasurer of the state with two good and
sufficient sureties in the penal sum of two thou-
sand dollars approved by the commissioners of
inland fisheries and game, conditioned for the
faithful performance OF the duties OF their
office. Inland fish and game wardens may
serve all processes pertaining to the collection
Of penalties for violation of the inland FISH and
game laws; fish wardens may be appointed in
land fish and game wardens and need not give
additional bond.
section II. Shcrifs, deputy sheriTs. police
officers and cons,ables, are vested with tie
powers OF inland fish and game wardens and
their deputies, and shall receive for their SCR
vices the same fees.
section 40. The commissioners and every
and constable.i in his respective county are ;.u-
thorized and required to enforce the roysions
of this chapter, and to seize any game or FISH or
game birds taken or held in violation of this
chapter; and every such officer shall have fun
power and authority, and it shall be his duty,
with or without warrant, to arrest any person
whom he has reason to believe guilty OF n vio-
lation thereof, and, with or without = warrant,
to open enter, and examine all camps, wagons,
cars, stages, tents, packs, stores, warehouses,
store houses, out-hOuses, stables, barns, aud
other places, and to examine all boxes, barrels,
and packages where he has reason to believe
any game or fish taken or held in violation Of
this act is TO be found, and to seize the samej
provided, however, that dwelling house actu-
ally occupied can be entered for examination,
only in pursuance of warrant, or to make an
arrest.
Section 90. Any officer authorized to enforce
the inland fish and game laws may recover tho
penalties for the violation thereof III an action
on the case In his own name, the Venue to be
as in other civil actions, or by complaint or in
dictment in the name of the state and such
prosecution may be commenced in the county
in which the oifense was committed, or in any
adjoining county and the plaintin prevailing
shall recover full costs without regard to the
amount recovered. The term game birds ~
used in this act shall be construed to mean the
ruled grouse or partridge, all species of the
pheasant, wOodcock, snIpe, plover, quail and
all ducks enumerated in this act; and the term
| game animals shall be construed to mean
moose, caribou and deer.
Section 81. Any officer authorized to enforce
the inland fish and game laws may, without
process, arrest any violater of any OF said laws,
and shall with reasonable diligence, cause him
to be taken before any trial justice or any nu-
nicipal or police court, in the county where the
offense was committed, or in any adjoining
county, for a warrant and trial. jurisdiction
in such cases is hereby granted to all trial JUS
tees and all other courts to be exercised in tho
same manner as If the ofIense had been COM
mittod IN that county; and any officer who
shall maliciously, or without probable cause,
abuse his power in such proceedings, shall be
liable upon complaint or indictment, TO fine
NOT exceeding one hundred dollars, or impris-