Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1909-08-19

for any such birds, animals. fish, or
any parts thereof, and may cause any
building. inclosure or car to be en-
tered, and any apartment. chest,
box, locker, crate, basket, package
or any other receptacle whatever to
be broken, opened and the contents
thereof examined. All such officers
taking or selling such birds, ami
mails or fish. or any part thereof,
shall at once report all the facts at
tending the same to the commission.
Section l6. All nets, seines, Ian
terms, snares, devices. contrivances
and materials while in use, kept or
had or maintained for the purpose
of catching. taking or selling, or at
tracing or deceiving any bird. ami
NAL or fish contrary to any provision
of this chapter within this state, or
upon or in the boundary waters there
Of. including fish-houses, Enclosures
or other shelter structures or appli-
ances erected or maintained upon the
ice or in any waters, or on the shore
Of any lake, pond or stream, is here
by declared to be and is public
nuisance. The chief game wardens
and all members of the board of
control. all district and special war
dens. sheriffs and their deputies,
constables and police officers shall,
without warrant or process, take,
seize, abate and destroy any and all
of the same while being used. had
or maintained for such purpose, and
no liability shall be incurred there
by to any person.
Section II. In any prosecution
under the provisions of this chapter,
the participant in the violation
thereof may testify as witness
against any other person violating
the same. without discriminating
himself in so doing. The evidence
so given shall not be used IN any
criminal proceedings for such viola
ton.
Section Is. All prosecutions un-
der this chapter shall be commenced
within two years from the time the
offense is committed.
Section 20. Any person owning,
erecting. managing or controlling
any dam or other obstruction across
any river. creek or stream within
or forming the boundry line of this
state, shall construct in connection
with such dam durable and efficient
| fishway in such manner and of such
shape and size as the board may d.
rect Such fish-way shall be kept in
good repair by the person so owning,
controlling, managing, operating or
using such dam or obstruction. If
any person fails to construct or keep
in good repair durable and efficient
| fish-ways as herein provided for the
space of ten days after notice, the
board may construct or repair the
same, and the cost thereof may be
recovered from the owner or any
person managing or being in CON
troll thereof in a civil action brought
in the iame of the state of North
Dakota. Any money so recovered
shall be credited to the game and
fish commission fund. All fish-ways
heretofore or hereafter erected in
any dam or obstruction across any
of the streams in this state shall at
all times be under the supervision
and control of the board. Any per-
son violating any of the provisions
of this section shall be deemed gull
ty of a misdemeanor.
Section "a. The following rewards
may be paid by the board, out of any
fund subject toits order, to any per-
son or persons making complaint
thereof, upon the arrest and convic-
ton of any person violating any of
the provisions of this chapter, or
other enactments: Involving deer or
antelope, the sum of twenty-five dol
lars; any game bird or fish, ten dol
lars; provided, however. that this
section shall not apply to any game
warden regularly employed and re-
ceiving salary from the said board.
Section 25. The board may issue
permits to breed or domesticate any
of the game birds or animals men
toned in this chapter. Application
for such permits shall be made in
writing to the board, and shall con-
tain the name and address of the APP
plicant. description of the premises
on which such birds or animals
will be kept, and number and kind
OF such birds and animals in
possession at the time of making
such application. The board there
upon may issue permits to the appli-
cant to keep such birds or animals.
Any persons holding such permit
shall before the fifteenth day Of De-
cember of each year report the in
crease OR decrease to the hoard from