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shall be disposed of as specified in section twelve of this chapter. Provided, That in case no person should appear in said action and there should be a judgment rendered by default, then no personal judgment shall be rendered against any defendant, and no costs shall be entered in said judgment for the state.

SEC. 19. If it should appear upon the trial of any Coste and disbursements such action that the possessor of the animals, birds or against county, fish by the defendant was lawful and not contrary to the

provisions of this chapter, the money arising from said sale shall be decided to be paid forthwith to the defend. ant and he shall have judgment against the county wherein such action was commenced for his costs and disbursements therein.

SEC. 20. The judgment, findings, rulings or other Appeals apop ispe of facts, proceedings of any officer or court, on the trial of any

action or case arising under this act, shall not be overruled, examined, reversed or in any manner interfered with except by and upon an appeal on issues of facts and pending such appeal, any property seized or adjudged as forfeited shall be and remain in the hands, and under the control, of the sheriff or other officer charged therewith at the time the appeal shall be taken ; Provided, That if such property be of a perishable nature it shall be disposed of as herein before provided; notice of the allowance of such appeals, duly certified by the justice or court from which the appeal is taken, together with any order of such justice or court touching the disposition to be made of the forfeited property or effects in the hands of the sheriff or other officers charged therewith, shall be served upon such sheriff or officer, or if not so

served the same may be disregarded. Duty of county SEC. 21. It is the duty of supervisors and constables

and of towns, police officers of cities, having knowledge of

the violation of any of the provisions of this chapter, to make complaint thereof to any justice of the peace of the proper county, or police justice of the city, and any other person having such knowledge may make complaint before such justice, and the said justice shall issue his warrant for the arrest of the offender, and proceed to have and determine the matter in issue in the same manner as provided in other cases; and every person convicted under any of the provisions of this chapter, in case where no forfeiture is declared and enforced, sball stand committed until such fine is paid, provided that such imprisonment shall not exceed three months.

supervisors and constables.

SEC. 22. This act shall take effect and be in force When act to take from and after its passage.

Approved March 9, 1874.

effect.

CHAPTER XXXIX.

AN ACT TO AMEND SECTION FOURTEEN OF CHAPTER THIR

TY-THREE OF THE GENERAL LAWS OF EIGHTEEN HUN..
DRED AND SEVENTY-ONE, RELATING TO THE PRE-
SERVATION OF GAME.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That section fourteen of chapter thirtythree of the general laws of the year eighteen hundred ald seventy-one relating to the preservation of game, be so amended as to read as follows :

Sec. 14. This act shall take effect and be in force from and after its passage.

SEC. 2. This act shall take effect and be in force from When act to take and after its passage.

Approved February 7, 1874.

n When act to take

eflect.

CHAPTER XL.

AN ACT TO AMEND SECTION NINE OF CHAPTER THIRTY

THREE OF THE SESSION LAWS OF EIGHTEEN HUNDRED
AND SEVENTY-ONE, RELATING TO THE PRESERVATION
OF GAME,

Beit enacted by the Legislature of the State of Minnesota :

SECTION 1. Thnt section nine of chapter thirty-three of the session laws of eighteen hundred and seventy-one is hereby amended so as to read as follows:

Penalty for catching trouttime when.

Sec. 9. Whoever catches or has in his possession or exposes for sale, within the state of Minnesota, any speckled, river or brook trout, before the first day of April, or after the first day of October in any year; or takes, catches or kills at any time any of said trout, save with a hook and line, or takes, catches or kills, at any time, any fish of any kind from any of the waters of this state, excepting Lake Superior, the Mississippi, Minnesota and St. Croix rivers, in any other manner other than by shooting them with a gun, or by the use of a spear, or hook and line, shail suffer a fine of five dollars for each and every fish so caught, taken, had in possession or exposed for sale; and whoever shall, at any time, put into any waters witbin the state of Minnesota any deleterious substance, with intent to kill or take fish, shall, upon conviction tbereof, suffer a fine of twenty-five dollars for each and every such offense, together with the costs of

prosecution. When act to take SEC. 2. This act shall take effect and be in force from

and after its passage.

Approved March 3, 1874.

effect

CHAPTER XLI.

AN ACT TO AMEND THE GENERAL LAWS OF ONE THOUSAND

EIGHT HUNDRED AND SEVENTY-ONE, ENTITLED AN
ACT FOR THE PRESERVATION OF GAME.

Be it enacted by the Legislature of the State of Minnesota :

Additional streams listed.

SECTION 1. Section nine of chapter thirty-three of the general laws of eighteen hundred and seventy-one, amended by chapter ninety-two of the general laws of eighteen hundred and seventy-two, be and the same is hereby amended by inserting the words Zumbro and Little Iowa after the word "Root," and before the word • River,” in the tenth line of said section.

SEC. 2. This act shall take effect and be in force from When act to take and after its passage.

Approved March 9, 1874.

effect.

CHAPTER XLII.

AN ACT TO PREVENT THE DESTRUCTION OF FISH, DURING

CERTAIN MONTHS, IN THE COUNTY OF WATONWAN.

Be it enacted by the Legislature of the State of Minnesota :

of meshes.

SECTION 1. That section two of chapter twenty-four of the general laws of the year one thousand eight hundred and seventy-three be amended so as to read as follows:

Sec. 2. It shall be unlawful at any time during the Increase in size months of March and April to use net in fishing in any of the waters aforesaid, their inlets or outlets; Provided, That nets with meshes not less than two inches square, may be used at any time except the said months of March and April.

SEC. 2. This act shall take effect and be in torce from When act to take and after its passage.

Approved February 17, 1874.

edect.

* CHAPTER XLIII.

TO PREVENT THE DESTRUCTION OF FISH FROM THE WA

TERS WITHIN THE BOUNDARIES OF RICE, SCOTT AND
DAKOTA COUNTIES.

Be it enacted by the Legislature of the State of Minnesota :

Time and manDer of catching

ah

SECTION 1. It shall be unlawful for any person to catcḥ, kill, destroy or in any manner except by hook and Dee live or spear, to take any fish known by the name asl pike, pickerel and bass, from any lake, pond or marsh, or any inlet or outlet thereof, or other waters situated and being within the boundaries of the counties of Rice, Scott and Dakota, from the fifteenth day of November to

Penalty for viobation.

Prosecutions when to com mence.

Duty of super-
visors and con- COL

the first day of April in any year after the passage of this act.

Sec. 2. Any person or persons violating the provisions of the preceding section shall be guilty of a misdemeanor, and upon conviction thereof suffer and pay a fine of five dollars for each and every fish so caught, killed, destroyed or taken, together with the costs of prosecution.

Sec. 3. All prosecutions under the provisions of this act shall be commenced within one month from the time when the offense was committed, in the same manner provided in section ten of chapter thirty-three of the general laws of the state of Minnesota for the year A. D. one thousand eight hundred and seventy-one.

Seo. 4. It is hereby made the duty of supervisors and

con. constables of towns and all others residing or being stables of towns, within said counties, having knowledge of the violation of

any of the provisions of this act, to make complaint thereof to any justice of the peace within the counties aforesaid, and such justice shall upon such complaint being made, issue his warrant for the arrest of the offender, and shall, upon the arrest of such offender and the return of such warrant proceed to hear and determine the matter in issue in the same manner as in other cases, and every person convicted of the violation of the provisions of this act, shall stand committed until such fine is paid. Provided, That such imprisonment shall not exceed one

month. When act to take SEO. 5. This act shall be deemed to be a general act

and shall take effect and be in force from and after its passage.

Approved March 2d, 1874.

effect.

CHAPTER XLIV.

AN ACT TO MAKE IT LAWFUL TO CATCH FISH WITH NETS

IN CERTAIN LAKES IN KANDIYOHI COUNTY.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1.

That it shall be lawful for any person, at

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