The Montgomery advertiser., 1907-03-04


 make use of any pi;fall, dead fall, scaf- fold, cage, snare trap, net, salt lick. bated hook, or bated field, or any other similar devise. or any drug, poison, cfe- micals or explesiates for the purpose or inturlng, capturing or killing any birds or animuls protected by this act. except as otherwise provided. No person shall deer, wild turkey. wild ducks, wild goose, brant or other aquatic oird or fowl. between dark and daylight the fol- lowing day. Any person violating the provisions of this section shall be deern- ed guilty of a misdemeanor and on con- viction shall be punished by fine of not less than five nor more than twenty i've dollars for each offense.
 Sec. 9. That 1t is hereby declared un- lawful to kill or attempt to kill any doe or female deer in the State of Ala bama; it is further declared unlawful to kill any deer between January lst, and the first day of November in each calen- dar year. It is further declared unlaw- ful to make use of any ar -ificial light in hunting or killing deer. And the wear ing or having such light on the head or any part of the body while hunting shall be prima facie evidence of the vio- iation of this section. Any person vio- 1ating the provisions of this section shall be deemed guilty of misde nean-  by fine of not less than ten nor more than fifty dollars.
 Sec. 10. That no person shall pursue injure, capture. kill, or destroy any fox squirrel black squirrel or grey squirrel, save only from September first to the following February first, in each year. nor shall any person pursue, injure, cap ture or destroy any such squirrels at any time in any pubic or private park; provided that any person may protect his premises from the ravaSes and de- predation of these animals at any time and in any way. Any person who vio- lates the provisions of this section shall on convic ion shall be punished by fine of not less than five nor more than twenty five dollars.
 Sec. II. The right given by this Act to take or kill deer, or game birds for food purposes Is limited to one deer, two turkeys, and twenty five game birds of any o-her species for each person in any one day. No birds or game protected by this Act shall be held In possession of any person for more than five days after the close of the season for killing the same. Any person violating the pro- visions of this section shall be deemed guilty of misdemeanor and upon con- viction shall be fined no. less than flvs nor more than twenty five dollars for each offense.
 Sec. 12 Any person, firm or corpo- ration who shall at any time of the year barter, sell or offer for sale, whether taken or killed in this State or not ei.her under the name used in this Act or under any other name or guise what soever, any of the game birds or animals protected by this Act, whether lawfully or unlawfully taken. shall be deemed guilty of amisdemeanor and on convic- tion shall be fined not less than five nor more than twenty five dollars for each offense.
 Sec. IS. That when an arrest for a violation of this act is made by the State Game and Fish Commissioner or by any Warden and the defendant Is convicted, there shah be taxed as cost in favor of such Warden making the arrest, the same fee as a Constable Is entitled to In misdemeanor cases and if collected from the defendant shall be paid over to such Warden and shall be his personal per- quisite. But no fee shall be allowed in eases of acquittal.
 Sec. IA. As used in this act. unless otherwise specifically restricted or en- larged the words herein" and "hereoF' refer to the whole act and the words person" owner 'proprtetor," gran tee" lessee" or "Iicense," include A firm. association. corporation or munic- ipality and .he word warden means State Game and Fish Commissioner, County Game Warden and Deputy Game Warden provided for herein. The word officers" includes every person au- thorized to enforce the provisions of this act, and whenever the possession | use, importation, transportation, stor- age, sale, offering or exposing for sale of game or birds Is prohibited or re- stricted, the prohibition or restrictions shall extend to and including every part of such game and a violation as to each animal or bird or part thereof shall be a separate oRense and wo or more offenses may be charged in the same affidavit, complaint or indictment, and proof as a part of a game bird or animal shall be sufficient to sustain a charge to the whole of it; and the vio- lation as to the number of animals or birds of the same kind may be charged In the same count and punished as a separate offense as to each animal, bird or gme.
 Sec. l5. Tn cases of violation of this act by a corporation the warrant of arrest may be read to the presiden., sec- retary or manager in this State or to any general or local agent thereof, in any county where the action or indict- ment Is pending, and upon the re urn of such warrant so served the corpora ton shall be deemed in court and sub ject to the Jurisdiction thereof, and any fine imposed may be collected by exc cution against the property of said cor poration, but this section shall not be construed to exempt an agent or em- ploye from prosecution.
 Section l6. Any official, officer or warden, who shall fail to perform any act, duty or obligation enjolned upon him by the provision of this act, shall be deemed guilty of a misdemean- or and on conviction shall be punished by fine of not less han fifty nor more than one hundred dollars,
 Section IT. That the members of the Senate and House of Representatives of this State shall meet in joint session as soon as practicable after the approval of his act, and in such joint session shall duly proceed to elect some person skill ed in matters relating to game or fish State Game and Fish Comm issioner, said person shall be known as a State Game and Fish Commissioner of the State of Alabama, and shall hold his of- flee until the first Monday after the second Tuesday in January. 1909, or un- til his successor in office Is duly elec- ted and qualified. The successor to the State Game and Fish Commissioner shall be cleo ed by the qualified elec- tors of the State at the general election In 1908 and every four years thereafter. The Department Of Game and Fish of the State of Alabama, is hereby estab- .isned and created and shall be known and .ermed as such. The State Game and Fish Commissioner shall receive a salary of $2,5O0 twenty-five hundred dollars), per annum, payable monthly out of the Game and Fish protectiorf fund, in the same manner as other .