Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-09-04

oHoAl o0 lawful LOT ally PERSON 10 snip
to any persons within this state any
game birds named, not to exceed one
dozen in any one day, during the pc
Rod when the killing Of such birds Is
not prohibited; but he shall first make
an affidavit before some person author
lied to administer oaths that said
birds have not been unlawfully killed,
bought, sold or had in possession, are
not being shipped for sale or profit,
giving the name and postoff1ce address
OF the person to whom shipped, and the
number Of birds to be SO shipped A
copy of such affidavit endorsed "a true
copy Of the original" by the person ad-
min1stering the oath, shall be furnish
ed by him to the affiant, who shall de-
liver the same to the railroad agent
or common carrier receiving such
birds for transportation, and the same
shall operate as a release to each car
r RE, or agent from any liability in the
Shipment or carrying Of such birds.
The original affidavit shall be retained
by the officer taking the same, and
may be used as evidence in any
prosecution for violation Of the
sections of this chapter relat-
ing to game. Any person knowing
ly and willfully swearing falsely to any
material fact of said affidavit shall
be guilty Of perjury. CT G. A., CHI.
Sec. 1856. Penalty. If any person
shall use any device, kill. trap, en-
snare, buy, sell, ship, or have in his
possession, or ship take or carry out
OF the state, contrary to the provisions
or this chapter, any Of the birds or ami
mails named or referred to herein, or
snail willfully destroy any eggs or
nests of the birds named or referred
to in the preceding sections, he shall
1 INy H,,@ 80 rs, eJ111N
for each bird, beaver. mink, ott\r,
muskrat, or other animals named or re-
lerred to in this chapter, and ten dol
iars for each nest and the eggs there
In, SO killed, trapped, ensnared, bought,
sold, shipped. had in possession, de-
stroyed, or shipped, taken, or carried
out OF the state. and shall stand COM
mitted to the county jail for thirty
days unless such fine and costs of
prosecutions are sooner paid. III q.
A, CHI. 1856. Sec. T.
Sec. 1851. Receiving for transporta-
tion. Ii any railway or express COM
pany or other common carrier, or any
OF their agents or servant, receive any
OF the fish. birds or animals mentioned
or referred to in this chapter, for trans
portation or other purpose. during the
period hereinbefore limited and pro-
hlbtted, or at any other time except in
|
he or 1T shall be punished by fine Of
not less than one hundred nor more
than three hundred dollars. or by i'm
prlsonment In the county Jail for thir-
ty days, or by such fine and imprison-
ment.
Sec. 1858. Using Swivel-gun or pol
son. II any person shoot or kill any
wild duck, goose or brant with any
swlvel-gun, or any kind Of gun ex-
a 10,
the shoulder. or shall use medicated nr
poisoned food to capture or kill any OF
the birds named in this chapter, he
snail be fined twenty five dollars for
each offense, and shall stand commit :
ted to the county Jail for thirty days
unless such fine and costs of prosecu-
tlon are sooner paid. az G. A., oh. 1885,
Sec 81
Sec. 1859. observation-disclosures
/ ices. IN all prosecutions under this
chapter any number Of violations may
be included in the information, bu;
each one shall be set out in separate
count, and upon conviction, there shall
> pc taxed as part of the costs in the
case fee of SIS to the informant, and
a like fee of five dollars to the attorney
prosecuting the case, upon each count
upon which there is plea or verdict
or guilty and judgment of conviction:
~. ~ nv SNeLL shall lUiS lee De patl
/ out or the county treasury. Prosecu-
tons for violations of any provision OF
This chapter may be brought either ir
the county In which the offense was
/ committed, or in any other county
Wnere the person, company or corpora
ton complained of has had or has ii
Els or their possession any fish. birds
OF animals named herein and bought
sold, caught, taken. killed, trapped D,
ensnared in violation hereof Wher
requested by the fish and game war
), Gen the attorney general shall give his
opinion, in writing. upon al! questions
OF law pertaining to the office of sue.
warden. Nothing in this charter shall
pc construed as prohibiting any per-
son from 1nstituting legal proceeding
Tor the enforcement of any provisions
; hereof CT G. A, oh. 81, Sec. 8; 4
J e. A.. oh. 156. Sec. 81
Sec. 1850 Hunting upon cultivated
, or enclosed land. No person shall hun,
with dog or gun upon the cultivate;
or enclosed lands of another withou
nrst obtaining permission from the
owner, occupant, or agent thereof AL
: Islands in snavigable streams border.
| ing on the state shall be deemed enclos.
, ed lands without fences where thu
owners or lessees thereof post in plaii
view notices warning others not t,
.iSSp1"S lleIeoL ANY person V1Olat
Ing the provisions of this section shall
, be punished by fine r not more thar
ten dollars and costs Of prosecution
and shall stand committed until sucl
fine and costs are paid, for each an;
every offense, but no prosecution shall
l be commenced under this section ex
cept upon the information Of the own
r er, occupant or agent of such cultivar
2 ed or enclosed lands. (25 G. A., en-
3 "a, and 81 G. Al
Sec. 1861. Protection of birds. Al
. wild birds, both resident and migra
tory, In this state, shall be, and ar
= hereby declared to be the property o
the state. No person shall within tn
state Of Iowa, kill or catch, or hav
In his or her possession living or dead
any wild bird other than a game bird
or purchase, offer or expose for sale
transport or ship within or without TIL
state, any such wild bird after it ha
been killed or caught, except as per
4 nitted by this act No part of tn
: plumage skin or body Of any bird pro
, tected by this section shall be sold q
! had In possession for SALE irrespectiy
!. OF whether said bird was captured :.