CHAPTER 41. Fish-Trout, Carbon County. AN ACT to Authorize the Board of County Commissioners of the County of WHEREAS, Certain streams in the county of Carbon are destitute of that valuable fish, the trout; therefore, Be it enacted by the Council and House of Representatives of the Territory of Wyoming: authorized to SECTION 1. That the board of county commissioners carbon county of the county of Carbon be, and the same are hereby, aukstreams authorized to appropriate a sum not exceeding two with fish. hundred dollars out of the county fund, for the purpose of procuring a sufficient quantity of trout from convenient streams, or spawn from the United States Fish Commissioner, and distribute the same in streams most convenient to the place where said fish can be obtained, including Jack Creek, Warm Spring Creek, Cow Creek, Grand Encampment Creek, Brush Creek and Medicine Bow River. But this act shall not be construed as limiting said board to such above named streams; but said board may cause some of said fish to be put in such other streams as they may deem most beneficial to the greatest number of people in said county. Provided, That in the procuring of said trout, regard shall be had to the earliest spawning season. commissioners. SEC. 2. When said board shall have so stocked such Duty of county streams, said board shall cause a notice to be inserted in the official paper of said county, or if there be no paper published therein, notices to be posted in ten public places of said county, that such streams have been so stocked, stating the names thereof. And it shall be unlawful for any person to fish in said streams, or in any manner whatsoever take, injure or destroy any fish from said streams, or any of them, for two years after the Governor to appoint commissioner. Commissioner spawn. publication of such notice. And any person who shall in any manner fish, take from, injure or destroy any fish in any of said streams during such period, shall be deemed guilty of a misdemeanor, and upon conviction, fined in a sum not exceeding the sum of fifty dollars for each offense. Approved December 8, 1879. CHAPTER 42. Fish-Culture and Propagation of. AN ACT to Provide for the Propagation and Culture of Fish Throughout th Be it enacted by the Council and House of Representatives of SECTION 1. That the governor of Wyoming Territory shall nominate, and by and with the advice and consent of the council, appoint a suitable person as fish commissioner of Wyoming Territory, whose duty it shall be to confer with the United States fish commissioner in regard to varieties of food fishes suitable for propagation in waters at such altitude and distance from the sea as Wyoming; to make requisition upon the said United States fish commissioner for supplies of spawn or other means of propagation, and to receive and distribute the same in manner and upon conditions best calculated to stock the streams and lakes of Wyoming, and especially the Laramie, North Platte, Green and Bear rivers, and their tributaries. SEC. 2. It shall be the duty of said fish commissioner to procure to publish a notice in the nearest local weekly or other newspaper or newspapers for four successive weeks, as soon as may be practicable, stating what streams, lakes, Unlawful to ponds or other bodies of water he has stocked. And it fish in streams shall be unlawful for any person or persons to take any fish, in any manner whatsoever, out of any such body of water for the space of three years after the first issue of What streams such publication. Provided, The taking of fish prohibexempted from ited by this section shall apply only to the North Platte River and the tributaries thereof, and to the tributaries stocked. this prohibition of the South Platte, lying within the Territory of Wyoming, and to all lakes within the counties of Laramie and Albany in this Territory. of killing fish. No sawdust in SEC. 3. It shall not be lawful for any person to kill Unlawf'lmeans or take any fish in any of the waters of this Territory by the use of any poison or deleterious drug, or by the use. of any explosive substance, or by the erection of any weir, dam or other artificial obstruction, or by the use of any net, seine or device whatsoever, except by a hook and line. And it shall be unlawful for any person to throw any sawdust or other substance that may be injurious to thrown fish in any of the waters of this Territory. The fish-streams. ways shall also be constructed and maintained by the person or persons who may in any manner whatever prevent the free and uninterrupted passage of fish up the stream or streams, by means of dams, ripraps, or wings, to or from any irrigating ditches that may be constructed. SEC. 4. Any person or persons convicted of violating any violating this of the provisions of this act, shall be fined in any sum not act. less than twenty-five dollars nor more than one hundred dollars, one-half of which sum shall be paid to the person giving information of the offense, and the other half shall be paid into the treasury of the county where the offense was committed, for the benefit of the school fund of such county, and the offender may also be imprisoned in the county jail not less than ten days, nor more than three months, suffering either fine or imprisonment, or both, at the discretion of the judge. Penalty for may appoint SEC. 5. The said territorial fish commissioner may Commissioner employ at his discretion competent and proper persons in deputies. the different counties of the Territory, to act as his deputies under his instruction, who shall serve without compensation. er. SEC. 6. The said territorial fish commissioner shall Compensation of commissionreceive compensation for his services at the rate of three dollars per diem for the time actually employed, provided he shall not receive payment for more than ninety days in any one year. He shall also be reimbursed for the amount actually expended in correspondence, transportation, advertising and other strictly necessary expenses. He shall render a just and accurate itemized account of his time of work and the per diem claimed, and of all his necessary expenses to the auditor of the Territory, which itemized account shall be duly subscribed and sworn to before a justice of the peace, or some other person duly Commissioner may qualified to administer such obligation. Provided, He shall not receive more than the sum of three hundred dollars for outlays and expenditures actually paid by him in any one year. SEC. 7. The said territorial fish commissioner may build construct a hatching house at some convenient and hatching house desirable point, with the advice and consent of the executive, at a cost not exceeding three hundred and fifty dollars. Appropriation. Commissioner to report. SEC. 8. There shall be appropriated out of the territorial funds not otherwise appropriated, the sum of one thousand six hundred dollars, which sum, or so much thereof as may be necessary, shall cover the entire expenditures of the said fish commissioner, for the two years next ensuing. SEC. 9. The commissioner provided for in this act shall make a full report of his official transactions, including expenditures, results of experiments, etc., to the legislative assembly. SEC. 10. This act shall take effect and be in force from and after its passage. Approved December 12, 1879. CHAPTER 43. Fire Arms-To Prevent the Use of, AN ACT to Prevent the use of Fire Arms from Railroad Cars, and Provide for the Be it enacted by the Council and House of Representatives of Use of firearms trains unlawful act posted in SECTION 1. It shall be unlawful for any person in this Territory to fire any rifle, revolver or other fire arm of from railroad any description whatever, from any window, door, or other part of any railroad car or train, engine or tender, or along the line of railroad during the passing of any train or engine, or when any person is passing in the vicinity of the person having in his possession such fire arm, and any person so offending, shall, on conviction, be fined in a sum not exceeding twenty ($20.00) dollars, and for a second offense, confined in the county jail for a term not exceeding sixty (60) days. And it shall be the Copies of this duty of any railroad company to post a copy of this act railroad cars. in every railroad car used for the transportation of passengers passing through this Territory. But nothing in this section contained, shall be construed as preventing employes on railroad trains from carrying fire arms, and using the same when necessary for the protection of themselves and the persons and property under their charge. SEC. 2. It shall be lawful for any conductor, brake- Railroad emman, or any person in charge of such railroad car, train persons violator engine, to arrest any such person so offending, and ing this law. take him before some justice of the peace in the county where offendwhere the offense was committed, or deliver him to some tried. officer of the county, and the justice, upon information as in other cases of misdemeanor, shall proceed to examine into the complaint, as if the arrest had been made by virtue of a warrant duly issued. SEC. 3. This act shall take effect and be in force from and after its passage and approval. Approved Decamber 11, 1879. ployes arrest ers shall be |