premises: Provided further, It shall be unlawful for any person or persons to have in their possession any quail nets, or traps, or devices for the purpose of catching any of the game mentioned in Section 1 of this Act, and any person who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be, on conviction, fined not less than twenty-five dollars nor more than one hundred dollars, with costs of suit, and in default of payment shall be committed until same is paid.

SECTION 2. No person or persons shall pursue, hunt or Pheasants. kill or attempt to pursue, hunt or kill or molest in any manner whatever any Mongolian pheasant or any other pheasant, in the Territory of Oklahoma, until the first day of January, 1904, and thereafter only from the first day of December to the first day of January of the following year.

SECTION 3. Any person having lawfully taken any of Selling game. the game mentioned in this Act, or any person lawfully having any of said game in his possession, may sell the same to persons living in the Territory of Oklahoma, for consumption therein.

possession.

SECTION 4. No person shall at any time have in posses- Unlawful sion or under control any birds, game or fish caught, taken or killed outside of this Territory, which was caught, taken or killed at a time, in a manner, or for a purpose forbidden by the laws of this Territory or the State, Territory or country where the same was caught, taken or killed, or which was shipped out of said State, Territory or country in violation of the laws thereof.

evidence.

SECTION 5. The possession or having under control of Possession, any kind of bird, game or fish, the killing of which is at any time or at a time prohibited by the laws of this Territory, shall be prima facie evidence that it was killed in this Territory, to disprove which it shall be necessary to show by the testimony of the party who actually caught, took or killed the same, that it was killed outside of this Territory. Whenever it shall appear that any bird, game

Unlawful sale.

Misdemeanor.

Seasons deaned.

Possession,

closed season.

or fish of a kind, the killing of which is at any time or at all times prohibited by the laws of this Territory, was caught, taken or killed outside of this Territory, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and for a purpose prohibited by the laws of the Territory, State or country where it was caught, taken or killed, and was shipped out of said Territory, State or country in violation of the laws thereof, to disprove which it shall be necessary to show by direct and positive evidence that it was killed at a time, in a manner and for a purpose permitted by the laws of the Territory, State or country where the same was killed, and that its shipment out of said Territory, State or country was not forbidden by the laws thereof.

SECTION 6. No person, company or corporation shall sell or attempt to sell, or expose for sale, or have in possession or under control, for the purpose of selling or exposing for sale, any kind of bird, game or fish at any time, when the taking, catching or killing of such kind of birds, game or fish is prohibited by the laws of this Territory. SECTION 7. Any person violating any of the provisions of Sections 4, 5 and 6, of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten nor more than fifty dollars and the costs of prosecution, and in default of payment thereof, shall be confined in the county jail until such fine and costs shall be paid; but such confinement shall not exceed sixty days.

SECTION 8. For the purposes of this Act, the seasons wherein the killing of game is permitted shall be known as the "Open Season", and the seasons wherein the killing of game is prohibited, shall be known as the "Closed Seasons."

SECTION 9. Any person or persons found in the possession of any meat or parts of any of the game, or any of the game mentioned in this Act, during the closed season, shall be deemed guilty of the violation of the provisions of

Section 1, and upon conviction, shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars.

SECTION 10. It shall be unlawful for any person, com pany or corporation within this Territory to export or carry to any other Territory, or State or country any game or the parts of any game mentioned in this Act, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and costs of suit, and shall be committed to the common jail of the county wherein the offense was committed until such fine and costs are paid.

Unlawful ex

portation.

carriers.

SECTION 11. It shall be unlawful for any railroad com Common pany, express company or other common carrier, their officers, agents, servants or any other person or persons to purchase or receive within this Territory any of the game mentioned in Section 1, of this Act, or any meat or parts of such game, for the purpose of transporting or carrying the same beyond the limits of this Territory or in any manner handling the same, or to transport or carry any of said game or meat or part thereof beyond the limits of this Territory. Except that the provisions of this section shall not apply to fine birds or animals captured and held for domestic or scientific purposes: And provided, That not more than one pair of such birds or animals may be shipped at any one time. And any agent, officer or servant of any railroad company, express company or other common carrier, or any other person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, with cost of suit. And any railroad company, express company of other common carrier violating any of the provisions of this section shall forfeit and pay to the Territory of Oklahoma, for each violation thereof, the sum of two hundred dollars, together with all

Unlawful fishing.

Injuring fish, penalty.

Public officers duties.

costs of suit, to be recovered in a civil action to be instituted in the name of the Territory of Oklahoma by the county attorney of any county wherein said suit is brought, which sum of two hundred dollars shall be collected upon execution as in civil cases.

SECTION 12. It shall be unlawful for any person to take any fish with a gig or spear, net, seine, gun or trap of any kind, or set net, weir or pot in any of the lakes, ponds, rivers or small streams of this Territory; but the provisions of this section shall not apply to legitimate fishing with hook, line and pole, or to persons catching small minnows for bait, with a seine not over ten feet in length, or the taking or fish out of the Arkansas river, Cimarron river, or the South Canadian river, or Salt Fork of the Arkansas. Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than twenty-five dollars nor less than five dollars for each fish so taken, with costs of suit: Provided, however, That nothing in this section shall apply to private ponds.

SECTION 13. It shall be unlawful for any person to deposit, place or throw in any stream, lake or pond in this Territory, any lime, dynamite or other deleterious substance with the intent thereby to injure fish; or any drug, medicated bait or fish-berries with the intent thereby to poison or catch fish. And any person violating any of the provisions of this section shall, on conviction, be fined in any sum not less than fifty dollars, nor more than five hundred dollars.

SECTION 14. For the more certain detection and punishment of the violators of this Act, it is hereby made the duty of all county and township officers, when any violation of the provisions of this Act is brought to their knowledge, to file an affidavit before some court or magistrate having jurisdiction of such cases information and belief charging the person or persons with the offense committed, and upon the filing of such affidavit, a war

rant shall issue for the arrest of said person or persons to be tried for misdemeanor as provided by the criminal laws of the Territory of Oklahoma, except that it shall not be recessary for the county attorney to recommend that a warrant issue and any person making complaint shall not be liable for costs: Provided, That no bond shall be required for costs from any persons making such complaint. And any person violating the provisions of, or the duties imposed by this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than ten, nor more than fifty dollars.

torney, duty.

SECTION 15. Any person violating any of the provis County ations of this Act shall be guilty of a misdemeanor and shall be prosecuted and the fine imposed therefrom collected as provided in the criminal laws and procedure of the Territory in cases of misdemeanor, except that any railroad company, express company, or other common carrier violating any of the provisions of this Act shall forfeit and pay to the Territory of Oklahoma the sum of two hundred dollars, to be collected as in said section provided. And it is hereby made the duty of each and every county attorney in the Territory, upon information that any railroad company, express company, or other common carrier has violated any of the provisions of this Act within their respective counties, to immediately institute suit therefor as in this Act provided.

SECTION 16. It shall be the duty of the Governor to Game warden, appointment. appoint some person, a resident of this Territory, Game and Fish Warden. Said Warden shall hold his office for four years, or until his successor is appointed and qualified, unless removed for cause or at the will of the Governor; and that said Game Warden shall serve in such capacity without compensation, except as provided in this Act.

duties.

SECTION 17. It shall be the duty of said Game and Game warden, Fish Warden to seize all nets found in use in the waters of this Territory, and all nets and other fishing apparatus