The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1903-05-02


Sec. 90. Certificates may be granted by
the BOARD Of game and fish commissioners
to any member Of any Incorporated so
ciety Of natural history or other scientific
history, or to any properly accredited per
son whom such society RAY designate
permitting the holder OF, such certificate
to collect, for scientific purposes only
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 file with the board Of game and fish
commissioners written testimonial from
two well-known scientific men. certifyinR
to the good character and fitness Of the
applicant 20 be entrusted with such privi-
lege, and a properly executed bond IN
the sum Of one hundred 900 dollars,
signed by two Co responsible freeho!d-
ers Of this state as sureties conditioned tor
the faithful compliance by the applicant
with all the provisions Of this act, and
shall pay said board upon the ISSUANCE
Of such certificate the, sum Of two (2)
dollars This bond shall be forfeited to
upon the conviction Of said applicant OF
violation of any of the provisions OF
this act.
such certificate shall be in force and
of it's issue and shall not he transferable.
Whoever shall violate any Of the pro,
visions Of this section shall be guilty OF
q misde.reanor, and upon CONVICTION
fifty 900 dollars, or by Imprisonment in
the county Jail for sixty (6O) days, or
both.
Sec. 80 All 1jshways heretofore or
hereafter erected in any dam or obstr11c-
ton across any e the streams Of this
state shall at all times be under the s''.
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 or hereafter may erect, own or CON
troll any dam or other obstruction across
any Of the rivers, creeks, streams
running through This state. to construct
in connection with such dam or dams,
durable and efficient fshways, so that
the free passage of the fish up and down
such waters may not be INSTRUCTED.
All such fshways shall be maintained
and kept in good repair by the person 80
owning, controlling, operating or using
any dam or any. obstruction as aforesaid,
so that said fshways shall at all times
be open and free from distractions 1or
the passage Of fish.
In case the owners or person controllns
or operating or using any dam or Cd
struction aforesaid shall fail or retuse,
after ten days written notice by the
board of game and fish commissioners of
this state, to construct and keep In good
repair durable and efficient f1shways as
provided in this act. then said board or
game and fish commissloners may , co.,
struct or cause to be constructed durable
and efficient fishways, 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 s,, CT
action before any court having Jur1so1'-
ton.
ANY person owning or controlling any
such dam or other obstruction who snall
fail or refuse to comply with any OF the
provisions of this section with respect TO
the construction and maintenance Of such
hshways in any such dam, or otner oo-
struction after having been given ten (lO)
and fish commissioners to construct or re-
pair the same, shall be deemed guilty OF q
misdemeanor, and shall upon conVlctlon
thereof be punished by fine Of not less
ty-five (25) dollars and costs Of prosecu-
ton, or by imprisonment IN the county
jail for not less than ten 90 days nor
more than thirty. (30) days for. each and
every day after the expiration OF said no
tice that he shall neglect and reruse 10
do so.
Every owner or person controlling any
dam or obstruction in or In connection
with which any ffshway has been Dullt
as provided for in this act and and to Soo the
may obtain from said board a cert1hcate
that said hshway is constructed In com
pliance with this act, which certihcate
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
as herein required. If any person SC
struction shall fail to construct such
fshway to the satisfa ction Of said board
it shall be prima facie evidence OF a
violation Of this section.
Sec. 81. Any person who deposits any
sawdust or other refuse in any stream OF
water wherein the said board have de-
posted or shall deposit fry, or wherein
brook trout naturally abound, shall be
viction thereof shall be punished by fine
more m ,a0t than one Hundred Goo) dollars and
costs of prosecution, or by Imprisonment
(eo) days nor more than ninety (so) days
for each and every offense. ,
Sec 49, Nothing in this act contained
however. shall he construed to In any way
the taking Of tm spawn From of amy
State ST. by the United States dst
commission or it's duly accredited agents
See 3d. Al fines + Sollected Under Ter an?
into the county treasury of the county
wherein the conviction was had, to thu
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, OF
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 provision:
of this act.
Sec. IS. Said board is hereby author
lied to offer and to pay over out of any
Of ten QO) dollars for the arrest and con
viction of any person for the violation
Of any provision Of this act. such reward
to be paid to the person making the com
plant in the case wherein the convictio1
was had, upon his furnishing to. sait
board a certified copy of the docket o.
the justice Of the peace before whom tht
person found guilty Of said offense has
found guilty Of such violation shall have
been sentenced to pay fine amounting
to the sum Of ten dO) dollars or more
which sum shall have been u PAID py , tnt
whom the conviction was had and by hin
paid into the county treasury OF the
county wherein the conviction was had
provided, that this section shall no1 ap:
under pay by the board Of game anc
fish commissioners. ,
Sec &c. The provisions Of this act shall
not apply to domesticated birds or AM.
mails. or to trout grown in priyate
any prosecution for any violation Of any
Of the provisions of this act it shall not
be necessary for the prosecution to al al
lege or prove that the birds or animals
were were not not grown in a private hatchery
or that the birds. animals or fish were
not taken for scientific purposes. but the
person claiming that such birds or ami
mails were domesticated, or the trout
We're We're grown in private hatchery, OF
that the said birds or animals were taker
for scientific purposes as herein provided
shall prove on the hearing or trial that
srcI birds or animals were domesticated
or that such trout were grown in pr.
vate hatchery, or that such birds or fish
were taken for scientific purposes, as by
law provided
Sec. 81. In making appointments under
this act preference shall always be giver
to honorably discharged soldiers OF tho