The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-25
LEGAL.

than u feet in length and four feet in
wielh; known as minnow seine, for
only; provided, however that the provis-
ions of this act shall not prevent bona
vate or artificial ponds from taking fish
tnerefrom in any manner; and provided
the warden from granting permits to per-
sons to remove fish from overflow ponds
| ana creeks where the water is drying
Sec D. 1t shall be unlawful for any
| person or persons to place, erect, cause
20 De placed OF erected, any seine. screen,
net, weir, fishdam. or other obstruction
/ In or across any of the waters, rivers,
creeks. ponds. streams. sloughs. or other
watercourses within the Jurisdiction of
| thAs state. in such manner as will OBJ
struct the free passage of fish up and
down and through such watercourses.
Sec g. No dam or obstruction across
any river. stream, or other waters in
which is not provided with a proper chute
or fish-ladder of suitable capacity and
up and down the same, while the water
Is running over such dam or obstruction;
such construction and material as shall
| be prescribed by the state fish and game
warden, and shall be completed and
! OF the passage of this act before
the first day. of November, 1911, and all
| dams built after the passage of this act
! shall be constructed with such chutes or
flsh-ladders at the time of building of
shall be a misdemeanor, and may be pun
ished as provided in section 81
Sec "a Before any. permit. shall be
to own, possess, and use three-inch
mesh seine. the applicant. shall execute
warden bond running to the state of
Kansas in the sum of fifty dollars, with
applicant shall well and Faithfully OBJ
| serve and comply with all the require
ments of the law regulating the size of
mesh and the of such seine, such
| obligation shall be null and void. other
wise to remain in full force and effect.
Each such surety, as evidenced by affi-
| davit upon such bond. shall be worth al
least one thousand dollars in property in
liabilities and property exempt by law
| Sec. IS. The state fish and game warden
| may issue permits to any person to take,
| capture, kill or transport within the bor-
ders of the state of Kansas, any game,
any time when satisfied such persons
| desire the same exclusively for scientific
Such permit shall be in writing and shall
state the kind and number of specimens
| to be taken and the manner of taking,
the name of the person to whom issued,
and shall bear the official seal of the de-
partment of fish and game. The state
| flsh and game warden shall also be en-
powered to make and to authorize the
making of exchanges of specimen with
| fish and game warden of other states for
strictly scientific and propagating pur-
poses; and to authorize the sale other
| birds and mammals that have been bred
| and reared in captivity in this state; pro-
vided, that all permits issued terminate
| further, that nothing in this act shall be
| construed to prevent the fish and game
| warden his deputies, when expressly
| authorized by permit from the fish and
game warden so to do, from catching or
| taking in any manner or having in pos
| session fish taken from public waters or
| this state for the purpose of propagat ting
| fish and restocking the waters of this
state.
Sec. 26. 1t shall be unlawful for any
person or persons, company or corpora
tlon at any time to buy. SELL barter, snip
| within the state of Kansas, any bird or
birds named in section Is of this act ex-
| cept as provided for in section %.
| Sec. 81 1t shall be unlawful for any
| railroad, express or transportation COM
ployee or manager of such company or
corporation. to accept within the state Of
ta brds I1r IN sec 9f IL of s Of
| except as provided for in section %.
| Sec. 2S In prosecution of any person
| or persons for violation of any of the
| provisions of this act it shall not be nee
| essary to state in the complaint the true
| sold or offered for sale, shipped or had
| in possession; nor to state in the COM
plant or to prove at the trial that the
| catching or killing or having in possession
Of any wild bird hereinbefore named, or
| that the catching of any fish, was not for
the sole purpose of using or preserving it
as specimen for scientific purposes.
Sec. g. The having in possession by
any person or persons, company or cor
poration of any game or bird prohibited
! by this act from being killed, caught or
| of this act. at any time EXCEPT bv a per,
son who has lawfully killed the same. or
| for the breeding, propagating and scien-
possession of any unlawful trap net or
other device to be- used for the catching,
except the owner of a private or artificial
| fishpond, shall be prima facie evidence of
the violation aa Of the provisions ion of this aet
| or other unlawful device used in violat-
ing any of the fish and game laws of this
state, is hereby declared to be contra
band and may be seized and confiscated,
and. upon the, order of the state, fish
| Sec 81 It shall be the duty of all con-
stables, marshals and police officers in
this state to diligently inquire into and
| prosecute all violations of this act, or
| other fish or game laws of this state; any
| such officers hereinbefore named having
the provisions of this act shall forthwith
| make complaint before some court of COM
officer making complaint as aforesaid
shall in no event be liable for costs unless
It shall be found by TIE fi,ed c3 our OF }nry
| purposes and without probable cause
provided further, that any officer who
| shall neglect or refuse to prosecute any
violator of the provisions of this act, upon
proper information being laid before him.
| shall himself be deemed guilty of a mis-
| before any court of competent jurisdic-
| ton. be fined in the sum of not less than
| twenty-five dollars nor more than one
hundred dollars. for each and every
| offense, and shall be adjudged to pay the
costs of prosecution, and shall be com
mitted to the Jail of the county in which
| the offense was committed until such
| costs and fine are paid
Sec 81 If any county attorney or other
| prosecuting officer shall neglect or refuse
| to prosecute any person or persons
charged with violation of any of the
|
| or Justice of the peace having jurisdiction
of the offense may appoint an attorney
| at law to prosecute such person or per
| sons and the attorney so prosecuting
| shall receive fee of ten dollars, for each
| prosecution in a justice court and $500