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


sixty 600 days nor more than ninety (9O
days, for each and every offense.
| Sec. %. Certificates may be granted by
| the BOARD of game and fish commissioners
| to any member of any incorporated So
! clety of natural history or other scientific
| body organized for the study of natural
| history, or to any properly accredited per-
| son whom such society may designate,
| permitting the holder of such certificate
to collect, for scientific purposes only,
| the nests, eggs, birds, animals or fish
| protected by this act. No person to whom
such certificate may be issued shall dis
pose Of any such specimens secured by
| gift or otherwise except by exchange OF
| specimens for scientific purposes only.
In order to obtain such certificate the
| applicant for the same must present to
| and ME with the board of game and fish
| commissioners written testimonials from
| two well-known scientific men. certifying
| TO the good character and fitness of the
| applicant 20 be intrusted with such priVi-
| lege and properly executed bond in
| the sum Of one hundred 900 dollars,
signed by two (2) responsible freehold
| ers OF this state as Sureties conditioned for
| the faithful compliance by the applicant
| with oil the provisions of this act, and
| shall pay said board upon the issuance
| of such certificate the sum of two CO
| dollars This bond shall be forfeited to
| the state and such certificate becomes void
| upon the conviction Of said applicant of
! 4 violation of any Of the provisions of
! this act.
Such certificate shall be in force and
effect for one % year only from the date
! of its issue and shall not be transferable.
| Whoever shall violate any of the pro-
visions of this section shall be guilty OF
| 4 misdemeanOr, and upon conviction
| ther23f shall be punished by fine of
| fifty 600 dollars, or by imprisonment in
! the county Jail fer sixty (6O days, or
! both.
Sec. 80. All fishways heretofore or
| hereafter erected in any dam or obstruc-
| ton across any Ct the streams of this
! state shall at all times be under the su-
| pervision and control of the board of
| game and fish commissioners
1t shall be the duty of any corporation,
| person or persons. who now own or con-
| troll OF hereafter may erect, own or con-
| troll any dam or other obstruction across
! any of the rivers, creeks, streams
| or other water courses within or
| running through this state. TO construct
| in connection with such dam or dams,
durable and efficient fishways, SO that
! the free passage of the fish up and down
| such waters may not be INSTRUCTED.
All such fishways shall be maintained
| and kept in good repair by the person so
! owning, controlling, operating or using
! any dam or any obstruction as aforesaid,
| SO that said fishways shall at all times
| be open and free from distractions for
! the passage of fish.
In case the owners or person controlling
or operating or using any dam or OBJ
| struction aforesaid shall fail or refuse,
alter ten Gays written nOIlcG DIV lne
board of game and fish commissioners OF
this state, to construct and keep in good
repair durable and efficient fishways as
provided in this act, then said board of
game and fish commissioners may con-
Struct or cause to be constructed durable
| and efficient fshways, or place the same
in good repair, and the cost thereof may
be recovered by the board of game and
fish commissioners from the owners or
any person in control thereof in a civil
action before any court having jurtsdic-
ton.
Any person owning or controlling any
such dam or other obstruction who shall
fail or refuse to comply with any of the
provisions of this section with respect to
the construction and maintenance of such
nShWayS In any such dam, or other OBJ
struction after having been given ten Q0)
days written notice by the board of game
and fish commissioners to construct or re-
pair the same, shall be deemed guilty Of
miSdemeanOr, and shall upon conviction
thereof be punished by fine Of not less
than five Co dollars nor more than TWEEN
ty-five (2O dollars and costs of prosecu-
ton, or by Imprisonment in the county
jail for not less than ten 90 days nor
more than thirty 900 days for each and
every day after the expiration of said no.
tice that he shall neglect and refuse to
do so.
Every owner or person controlling any
dam or obstruction in or in connection
with which any fishway has been built
as provided for in this act, and to the
may obtain from said board a certificate
that said fishWay is constructed in COM
pliance with this act, which certificate
while in force shall be full protection
against any prosecution under this sec
ton. Such certificate may be suspended
at any time by said board when said fish
way is not maintained or kept in repair
herein required. If any person so
owning or controlling any dam or OBJ
Struction shall fail to construct such
fishway to the satisfaction of said board
it shall be prima facie evidence of
violation Of this section.
Sec. IL. Any person who deposits any
saWdust or other refuse in any stream or
water wherein the said board have de-
posted or shall deposit fry, or wherein
brook trout naturally abound, shall be
guilty of a misdemeanor, and upon con-
v1ction thereof shall be punished by fine
of not less than fifty (50) dollars nor
costs of prosecution, or by Imprisonment
in the county jail for not less than sixty
(6O) days nor more than ninety 900 days,
for each and every offenSe.
Sec 81. Nothing in this act contained,
however, shall be construed to in any way
prevent the taking of spawn of any
kind and at any time from any
Of the inland 4LI waters g. Of this
commission or its duly accredited agents
sec 80. All fines collected under any
OF the provisions of this act shall be paid
into the county treasury of the county
wherein the conviction was had, to the
credit Of the general county fund
sec. "a All moneys recovered or any
bond given to or contract made with the
board OF game and fish commissioners
or received by them from licenses. or
from other sources under any provision
of this act shall be paid into the state
treasury to be used for the purpose of
carrying on and enforcing the provisions
of this act,
Sec. 30. Said board is hereby author
lied to offer and to pay over out of any
moneys subject to their order reward
OF ten QOl dollars for the arrest and con-
Vlct1on OF any person for the violation
OF any provision of this act, such reward
plant in the case wherein the conviction
was had, upon his furnishing to said
board certified copy of the docket of
the justice of the peace before whom the
person found guilty of said offense has
been convicted; provided, that the person
found guilty of such violation shall have
been sentenced to pay fine amounting
to the sum of ten QW dollars or more
Which sum shall have been paid by the
person so fined to the justice before
whom the conviction was had and by him
paid into the county treasury of the
county wherein the conviction was had;
provided, that this section shall not ap-
ply to game wardens regularly employed
under pay, by the board of game and
fish commissioners.
not apply to domesticated birds or ami
mails, or to trout grown in private
hatcheries. Provided, however, that in
| any prosecution for any violation of any
of the provisions of this act it shall not
be necessary for the prosecution to al
were not domesticated or that the trout
were not grown in a private hatchery,
or that the birds, animals or fish Were
not taken for scientific purposes, but the