The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

section is hereby declared to be and is a
public nuisance. and it shall be lawful
for any person TO kill or attempt to kill
any dogs so being used or attempted to
Sec 10. No person shall at any time
enter into any growing or standing grain
not his own with intent to catch, recover,
take or kill any bird, animal or fish, nor
permit any dog with which he shall be
hunting to do so for such purpose without
permission from the owner or person in
charge thereof. No person shall at any
time enter upon any land not his OWL
with intent to catch, recover, take or
kill any bird. animal or fish after being
notified by the owner or occupant thereof
not TO do SO.
Such notice may be given orally or by
posting written or printed notices TO that
effect in the English language in con-
SpicuOuS places on the land so protected.
and no person shall in any manner de-
stroy any sign so posted. Any person Of
Tending against any of the provisions
of this section shall be guilty of mis-
demeanor and upon conviction thereof
shall be punished by a fine of not less
than five % dollars nor more than ten
90 dollars and costs of prosecution, or
by Imprisonment in the county jail for
not less than five 90 days nor more than
ten 90 days, for each and every Of
Tense.
Nothing in this section contained. how
ever, shall be construed as to limit or in
any manner affect the remedy of the own
er or occupant Of any such lands or grain
at common law or under the statutes of
this state for trespass.
Sec. 10. No person shall at any time
have in his possession or under his con-
troll within this state any bird, animal
or fish or any part thereof which has
been caught, taken or killed outside
Of this state at a time when it is unlaw-
ful to have in possession or under control
such birds or animals or fish or parts
thereof if caught, taken or killed in this
state.
Whoever shall offend against any of the
provisions of this section shall be guilty
of q misdemeanor, and upon conviction
thereof shall be punished by a fine OF
not less than ten 00) dollars nor more
than one hundred 00O) dollars and costs
Of prosecution, or by Imprisonment In the
county jail for not less than ten 1O)
days nor more than ninety 900 days for
each and every such bird animal or fish
or any part thereof had in his possession
or under his control.
Sec. II. The possession or having under
control by any person or persons within
this state of any bird, animal or fish or
any part OF any bird, animal or fish, the
Killing Of which is at any time herein
prohibited, shall be prima facie evidence
that it was the property of this state at
the time 1t was caught, taken or killed,
ana that It was caught taken or killed
in this state; to diSprove which it shall
he necessary to show by testimony Of
'iie party who actually caught, took or
killed the same, that at the time it was
caught, taken or killed it was caught,
taken or killed outside of the state.
The provisions of this act in regard to
the shipping and having in possession of
the hides of any moose, deer or caribou
or the hides of any fur-bearing animals
shall not apply to any of the hides which
have been shipped from a point outside Of
this state, nor to any manufactured ar
ucle made in whole or in part of any
hides or furs, whether obtained within
this state or from another state or from
any foreign country, nor to any raw or
dressed furs obtained in this state; pro-
Nided, that the shipping by mistake or
ignorance Of one or more moose, deer,
caribou or elk skins during the close sea-
son with other goods or hides the ship
ping or possession of which is not I'M
lawful or in violation of this act, shall
not render such other goods or hides SUBJ
Ject TO seizure or confscation under the
provisions of this act,
The use of the words fur or fur-bearing
animals as used in this section shall not
apply to moose, deer, caribou or elk or
the skin of any moose, deer, caribou Or
elk
Sec. IS. All fish nets had or maintained
in any of the waters of any lake, pond
or stream in this state. for the purpose
of catching, taking, killing, deceiving or
attracting any fish contrary to any of
the provisions of this act, are hereby de-
clared to be and are public nuisance,
and it shall be the duty of all of the
members of the board of game and fish
commissioners, all game Wardens. Sheriffs
and their deputies, cOnstables and police
officers of this state, to take, seize, abate,
dispose of or destroy any and all of the
said. And no liability shall be incurred
to the owner or any other person for
such seizure, abatement, disposition or
destruction thereof, and said board of
game and fish commissioners, and all
wardens and other officers or persons,
shall be released from all liability to any
done or committed or property seized,
abated, disposed Of or destroyed under
and by virtue Of this section.
Sec. 10. Any bird animal, fish, or any
part of any bird animal or fish, men
toned in this act caught, killed, shipped
or had in possession or under control con-
traTy to any Of the provisions or this act
is hereby declared to be and shall be
contraband: and it shall be the duty of all
members Of the board Of game and fish
commissioners, all game wardens, sher-
ifs and their deputies cOnStableS and
police officers of this state, to seize and
take possession of any and all birds,
animals or fish or any part of any bird,
animal or fish, which have been caught,
taken, killed or had in possession or I'M
der control or shipped contrary to any
Of the provisions Of this act. Any court
having jurisdiction to try any person for
any offense committed under this act
may, upon receiving proof of probable
cause for believing in the concealment
Of any bird, animal fish, or any part of
any such BIRDS animal, or fish; and to
killed or had in possession or under con-
troll by any person or shipped by any per-
son contrary to the provisions of this act,
shall issue a search warrant and cause a
search 10 be made in any place for any
such birds, animals, fish, or any part of
any such bird. animal, or fish; and to
that end may cause any building, incloS-
ure or car to be entered, and any apart
ment, chest, box, locker, crate, basket,
package, or any other receptacle whatever
10 be broken open and the contents
thereof examined. All such officers taking
or Selling any such birds animals, or
fish, or any part Of any such bird, ami
NAL, or fish, shall at once report all the
facts attending the same to the board of
game and fish commissioners of this state.
Sec. 20. Any bird, animal fish, or any
part of any bird, animal, or fish, caught
taken, killed, had in possession or under
control, or shipped contrary to any pro-
the possession of the board of game and
fish commissioners of this state, shall be
donated by the board to the various
charitable institutions within this state
for the use of the inmates thereof as
food only.
Sec. 21. The board of game and fish
commissioners of this state upon apnIi-
cation from the board of game and fish
commissioners of any other state are
authorized and empowered to obtain and
secure alive, specimens of the game birds
animals and fish of the State of Mime,
sofa, and to sell or exchange and shin
such specimens to such board of game and
nSh commissioners to any point outside
the State of Minnesota; but such speci-
mems shall only be used for breeding or
LOT proposition of the same species
Sec %. The word person, as used in
tins act, shall include all individuals
Ilrns, lolnt stock companies, corporations
and all combinations thereof and the
word possession, as used in this act. shall
lncluoe both actual and constructive
possession.