S K .K5 \t\is Glass __________ Book .As GAME LAW OF MISSOURI AS AMENDED By the 48th General Assembly Compliments of JESSE B. JONES State Game and Fish Commissioner JEFFERSON CITY, MISSOURI of ; Dec. 1 - 1 ■ II 1 1 1 III. Ill 1 IHI 9 H < ■■!■ ■ ■ % f HUB 1 o go < ! Hill 1 go PL, o © 1 lllllli h-i 1 II llll GO 1 11 nil 1 II III Quail, Woodcock Turkey Duck, Geese, Brant, Snipe, Plover. Dove Deer Fur-bearing animals J4 c3 £ a crt -3 CD O CD O ft © jrt t- P. c3 C7) a d ert CO "^ ci bO CD a ^3 W Pu ft .2 g -3, a) h ^ .O fl -I s 3 « .3 .£ £ o o o W) P o ft o i * w O i° 83 O O © 73 O •a W !>• of D* JAN 18 1916 Game Law of Missouri. ARTICLE II— PRESERVATION OF FISH AND GAME. SECTION 6508. Title to birds, fish and game in state. Killing and transporting prohibited — game birds denned. Nests and eggs not to be destroyed. Penalty. Three preceding sections not to apply, when. Certificates to be granted by game warden, when. Expiration of certificates. Certain birds not protected. Periods certain birds may be killed — penalty. Killing certain birds prohibited — penalty. Aquatic birds not to be pursued, how — penalty. Devices, poisons, etc., prohibited — penalty. Regulating killing of deer — penalty. Regulating killing of squirrel, etc. — penalty. 6521a. Regulating killing of fur-bearing wild animals. 6522. Right to kill — number — retain, what length of time. — penalty. Consignee to notify warden, when — penalty. Game in close season — penalty. Regulating sale, storage and serving of game. 6509. 6510. 6511. 6512. 6513. 6514. 6515. 6516. 6517. 6518. 6519. 6520. 6521. 6523. 6524. 6525. 6525a. Soliciting illegal shipments — penalty. 6526. Cost of arrest, how taxed. 6527. Liable for attempt — accessories liable. 6528. Definition of terms — sufficiency of indictment. 6529. Warrant, how served on corporation. 6530. Imprisonment for failure to pay fine. 6531. Liable for wildfire — penalty. 6532. Failure of officer to perform duty — penalty. 6533. Limitation of prosecution. 6534. Printing. 6535. Obstructing free passage of fish — penalty. 6536. Contamination of streams — penalty. 6537. Explosives prohibited — penalty. 6538. Poison and explosives not to be used to kill fish — penalty. 6545. Officers to enforce law — sections to be given in charge to grand juries. 6547. Disposition of fines recovered. 6548. Use of nets, seines and other devices prohibited — exceptions — seasons — penalty. 6549. Fishing near ladder or under ice prohibited — pen- alty. 6550. Sale of certain fish prohibited — possession — penalty. 6551. Pearl fishing prohibited — what seasons. 6552. Owner of milldams — duty to make fish chute. 6553. Game commissioner to prepare plan for fish chute. 6554. Game commissioner to inspect dams. 6555. Penalty for dam owner for failure to construct chute. 6556. Corporation owning dam- — who liable. :; SECTION 6557. Governor to appoint game and fisb commissioner — salary. Game commissioner shall file statement, with whom. Game commissioner shall give bond. Game commissioner shall keep a seal. Game commissioner shall make report to governor, when — what. Duties of game commissioner. Certain articles forfeited to state. Game commissioner may examine packages — pen- alty for refusal to allow examination. 6564a. Inspection and counting of birds, game animals — penalty. Commissioner may serve warrants — may arrest without warrant, when. Commissioner may appoint deputies — compensation. Commissioner to publish and distribute laws re- lating to game. Commissioner may issue permits, when — to whom. License for breeding game in captivity — penalty. Taxidermy — who shall engage in. Commissioner may transmit specimens to other state wardens, when. May remove fish, when. Permits to be issued, when — fee. Certain officers deputy wardens. License to hunt. License to nonresidents, how procured — must keep record — license to residents, how procured. Application of nonresidents must contain what — fee. Resident license, by whom issued — record kept — clerk's fee — monthly remittance and report — penalty. Resident or state license, good where — qualifica- tions of applicant — fee — proviso. Duties of license collector St. Louis city same as county clerk. License may be inspected, by whom — penalty for refusal. Penalty for hunting without license. Penalty for fraudulently procuring license. Licenses distinguishable in color — distribution of — annual return and report. Schedule of game and open dates on back of license — licensee shall report to commissioner. "Game protection fund," availability and restric- tions. Trials, duty to report fines. Penalties collected, how disposed of. State treasurer to make monthly report to commis- sioner. Shipping, owner to accompany game — penalty. Transportation company must inquire for license before shipping. Deer or elk may be shipped, when. Penalty not otherwise provided. Trespass — hunting. Trespass (trapping). 6558. 6559. 6560. 6561. 6562. 6563. 6564. 6565. 6566. 6567. 6568. 6568a. 6569. 6570. 6571. 6572. 6573. 6574. 6575. 6576. 6577. 6578 6579. 6580. 6581 6582. 6583. 6584. 6585. 6586. 6587. 6588. 6589. 6590. 6591. 6591a. 4S93a. 1, 2. Section 6508. Title to birds, fish and game in state. — The ownership of and title to all birds, fish and game, whether resident, migratory or imported, in the state of Missouri, not now held by private ownership, legally acquired, is hereby declared to be in the state, and no fish, birds or game shall be caught, taken or killed' in any manner or at any time, or had in posses- sion, except the person so catching, taking, killing or having in possession shall consent that the title of said birds, fish and game shall be and remain in the state of Missouri, for the purpose of regulating and controlling the use and disposition of the same after such catching, taking or killing. The catching, taking, killing or having in possession of birds, fish or game at any time, or in any manner, by any person, shall be deemed a consent of said person that the title of the state shall be and remain in the state, for the purpose of regulat- ing the use and disposition of the same, and said pos- session shall be consent to such title in the state. (Laws 1909, p. 519.) The absolute ownership of wild game is vested in the people of the state. The legislature may make any restric- tions it may deem proper, or prohibit the killing of game en- tirely. State v. Heger. 194 Mo. 707; State v. Weber, 205 Mo. 36. For a history of legislation on fish and game, and as to disposition of fines and penalties, see State ex rel. v. Warner, 197 Mo. 650. This statute includes fish artificially propagated and game raised in captivity. State v. Weber, 205 Mo, 36. But Sec. 6591 excepts shipment of elk and deer from private preserves. Sec. 6509. Killing and transporting prohibited — game birds defined. — No person shall, within the state of Missouri, kill or catch, or have in his posses- sion, living or dead, any wild bird other than a game bird, or purchase, offer or expose for sale, transport or ship, within or without the state, any such wild bird after it has been killed or caught, except as permitted by this article. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale, irrespective of whether said bird was captured or killed within or without the state. For the purpose of this article the following only shall be considered game birds: The anatidse, commonly known as swans, geese, brant, and river and sea ducks; the rallidae, commonly known as rails, coots, mud hens and gallinules; the limicolae, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sand- pipers, tattlers and curlews; the gallinse, commonly 6 known as wild turkeys, grouse, prairie chickens, pheasants, partridges and quails; the columbae, com- monly known as doves and pigeons; all other species of birds, either resident, migratory or imported, shall be considered nongame birds. Nothing in this article shall be construed to prevent the possession and sale of live canaries and parrots. (Laws 1909, p. 519.) Sec. 6510. Nests and eggs not to be destroyed. No person shall, within the state of Missouri, take or needlessly destroy the nest or the eggs of any wild bird, nor shall have such nest or eggs in possession except as permitted by this article. (Laws 1909, p. 519.) Sec. 6511. Penalty. — Any person who violates any of the provisions of sections 6509 or 6510 shall be guilty of a misdemeanor, and shall be liable to a fine of twenty-five dollars for each offense, and an additional fine of five dollars for each bird, living or dead, or part of bird, or nest or egg possessed in violation of this article. (Laws 1909, p. 519.) Sec. 6512. Three preceding sections not to ap- ply, when. — Sections 6509, 6510 and 6511 of this article shall not apply to any person holding a certificate giv- ing the right to take birds and their nests and eggs for scientific purposes, as provided for in section 6513. (Laws 1909, p. 519.) Sec. 6513. Certificates to be granted by game commissioner, when. — Certificates may be granted by the state game and fish commissioner to any properly accredited person of the age of fifteen years or up- wards, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes only. In order to obtain such certificates, the ap- plicant for the same must present to the state game and fish commissioner written testimonials from two well-known ornithologists, certifying to the good char- acter and fitness of said applicant to be entrusted with such privilege; must pay to the state game and fish commissioner two dollars to defray the necessary ex- penses attending the granting of such certificate. Certificates will become void upon proof that the holder of such certificate has killed any bird, or la ken the nest of eggs of any kind, for other than the purposes named in sections 6512 and 6513 of this article, and the holder shall be further subject for each offense to the penalties provided therefor in section 0511 of this article. (Laws 1909, p. 519.) Sec. 6514. Expiration of certificates. — The cer- tificates authorized by section 6513 shall expire on the 31st day of December of the year issued, and shall not be transferable. (Laws 1909, p. 519.) Sec. 6515. Certain birds not protected. — The English or European house sparrow, goshawk, Coop- er's haWk, sharp-shinned hawk, great horned owl, crow and crow blackbird (bronzed grackle), are not included among the birds protected by this article. (Laws 1909, p. 519.) Sec. 6516. Period certain birds may be killed — penalty. — No person shall, take, capture or kill, by any means whatever, any game birds except the fol- lowing named game birds between the following dates (both inclusive): Wild turkey — November 1st to December 31st of each year. Quail (bobwhite, par- tridge) and woodcock — November 10th to December 31st of each year. Ducks, geese, brant, snipe, black breasted and golden plover, greater and lesser yellow- legs, rails, coots and gallinules — January 1st to April 30th and September 15th to December 31st of each year. Doves — August 1st to November 10th of each year. Anyone who shall violate any of the provisions of this section shall, upon conviction thereof, be pun- ished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense, and an additional fine of five dollars ($5.00) for each bird injured, killed or possessed. (New sec- tion.) Approved March 24, 1915. Sec. 6517. Killing certain birds prohibited — penalty. — Any person who shall take, capture or kill, except under permit any pinnated grouse, (prairie chicken), ruffed grouse (pheasant), Mongolian, Chinese or English pheasant, or other resident, migra- tory or imported game bird, except as provided in section 6516, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense, and an additional fine of five dollars ($5.00) for each bird captured, killed or possessed. (New section.) Approved March 24, 1915. Sec. 6518. Aquatic birds are not to be pursued — how — penalty. — Any person who, in the pursuit of any wild duck, goose or brant, or other aquatic bird, upon the waters of this state, shall use any sneak boat, or any sail boat, or boat propelled by steam, naphtha, electric or other engine or machinery, or any battery, swivel gun or punt gun, or who shall kill or attempt to kill or pursue while occupying or using any such boat, any wild geese, duck, brant or other aquatic bird, or who shall construct or use, for the purpose of hunting upon the ice, any fixed or artificial blind or ambush, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dol- lars ($50.00): Provided, the words "swivel gun" or "punt gun," shall apply to any firearm, too heavy to be discharged at arm's length, or being of a calibre larger than ten gauge. (New section.) Approved March 24, 1915. Sec. 6519. Devices, poisons, etc., prohibited — penalty. — No person shall at any time make use of any pit, pitfall, deadfall scaffold, cage, snare, trap, net, salt lick, baited hook, or any other similar device, or any drug, poison, chemical or explosive, for the pur- pose of injuring, capturing or killing any birds or animals protected by the laws of this state except as otherwise provided. The word pit or any other word in this section, shall not be construed as a prohibition against the use of stationary "blind" or other means of concealing a hunter, awaiting the flight of game birds in their legal season. No person shall pursue, catch, take or kill any bird, deer, wild turkey, wild ducks, wild geese, brant, or other aquatic bird or fowl, be- tween the sunset and the following sunrise. Any per- son violating any provisions of this section shall be punished by a fine of not less than twenty-five dol- lars ($25.00) nor more than one hundred dollars ($100.00). (New section.) Approved March 24, 1915. Sec. 6520. Regulating killing of deer — penalty. It is hereby declared unlawful to kill or attempt to kill any deer in the state of Missouri under one year of age. It is further declared unlawful to kill any deer of any age between the first day of January and the first day of November of each year, and for the purpose of preventing the extinction of the species it is hereby de- clared unlawful to kill any doe. It is further declared unlawful to make use of any artificial light in hunting or killing deer; and the wearing or having such light on the head shall be prima facie evidence of the violation of this section. It is also declared unlawful for any person to wound, kill or capture any deer in the waters 9 of the streams, ponds or lakes within the jurisdiction of this state, or to hunt or chase deer with dogs, or to have in possession or transport at any time the carcass of any deer, or any portion of such carcass, unless the same has thereon the natural evidence of its sex. Any person violating the provisions of this section shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. (Laws 1913, p. 346.) Sec. 6521. Regulating killing of squirrels, etc.— penalty. — No person shall pursue, capture, injure, kill or destroy any gray squirrel, fox squirrel (American squirrel) or black squirrel, except from June 1st to December 31st, both inclusive; nor shall any person pursue, injure, capture, kill or destroy any such squir- rels at any time in any public or private park: Pro- vided, that any person may protect his premises from the ravages and depredation of animals named in this section at any time and in any way. Any person who shall violate any of the provisions of this section, shall be punished by a fine not to exceed twenty-five dol~ lars ($25.00). (New section.) Approved March 24, 1915. Sec. 6521a. Regulating killing of fur-bearing wild animals. — It shall be unlawful for any person to kill any fur-bearing wild animal or take, offer for sale, bargain or buy, any pelts of fur-bearing wild animals of this state when said pelts have been taken out of season. The season for taking such pelts shall be from November first to December thirty-first, and from January first to February first of each year: Provided, that any person may protect his premises from the ravages and depredations of any animals named in this section at any time and in any way. Any person who violates any of the provisions of this article shall, upon conviction thereof, be deemed guilty of misdemeanor and shall be punished by a fine not to exceed twenty-five ($25.00) dollars. (Laws 1913, p. 348.) Sec. 6522. Right to kill — number — retain, what length of time— penalty. — The right given by this article to take or kill deer, or birds, or to have in pos- session, unless otherwise specified, is limited to food purposes and to one deer, two turkeys, ten quail or bobwhite and fifteen additional game birds of each and every other family for each person in any one 10 calendar day, and no person shall take, kill or have in possession at any one time more than two deer, four turkeys, fifteen quail or bobwhite, and twenty-five additional legal game birds of each and every other family. No birds, game or fish, protected by this article shall be held in possession by any person for more than five days after the close of the season for killing the same. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). (New section.) Approved March 24, 1915. Sec. 6523. Consignee to notify commissioner, when — penalty. — Any persons, firm or corporation, to whom is consigned any birds, game or fish, the killing, sale or possession of which is at any time or at all times prohibited, shall, upon receipt of same, immediately notify the state game and fish commissioner, or any of his deputies, and safely keep such game, birds or fish in his possession or under control, subject to the order of said game commissioner. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars nor more than fifty dollars. (Laws 1909, p. 519.) Sec. 6524. Game in close season — penalty. — Any person who shall have in his possession or under his control any variety of fish, game or birds during the close season prescribed by law therefor, or any car- cass or flesh thereof, except for scientific or propagat- ing purposes, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars. (Laws 1909, p. 519.) Sec. 6525. Regulating sale, storage and serving of game — exception — penalty. — Any person, firm, or corporation, who shall, at any time of the year, barter, sell or offer for sale, or who shall store or serve in any commission house, cold storage house or commercial establishment, in this state, either under the name used in this article, or under any other name, or guise whatever, any animal or birds protected in this article, whether taken within or without this state, or law- fully or unlawfully taken, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and an additional fine 11 of five dollars ($5.00) for every bird or animal or part of every bird or animal bartered, sold or offered for sale, stored or served: Provided, that nothing in this section shall be construed to apply to the pelts of fur- bearing animals lawfully taken, or as otherwise pro- vided for taxidermists, or scientific specimens in this act: 'Provided, nothing in this section shall be con- strued to prohibit the storing, and serving, in any eat- ing establishment of deer, and elk raised in captivity, as provided for in section 6591. (New section.) Approved March 24, 1915. Sec. 6525a. Soliciting illegal shipments — penalty. It shall be unlawful for any person, firm or corpora- tion, to solicit by correspondence, printed cards, cir- culars, shipping tags, advertisement or otherwise, any illegal shipments, consignments or delivery of game and fish, contrary to the laws of this state, whether taken within or without this state, or in any other manner to aid or abet in a conspiracy to violate the game and fish laws of this state. Any violation of this section shall be a misdemeanor, and upon con- viction of the offender, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (New section.) Approved March 24, 1915. Sec. 6526. Cost of arrest, how taxed. — When an arrest for a violation of this article is made by any commissioner and the defendant is convicted, there shall be taxed as costs in favor of such commissioner making the arrest the same fees as a constable is en- titled to in a case of misdemeanor, and, if collected from the defendant, shall be paid over to such a com- missioner, and shall be his personal perquisite, for which he need not account, but no fees shall be al- lowed in case of acquittal, nor shall any county or the city of St. Louis be liable for such fees in any event. (Laws 1909, p. 519.) Sec. 6527. Liable for attempt — accessories li- able. — Any attempt to violate any provisions of this article shall be punished to the same extent as an actual violation thereof. Any such attempt, or any violation by an agent, clerk, officer or employe, while acting for any other person, shall render such party liable also, and an accessory may in all cases be pros- ecuted and punished as a principal. (Laws 1909, p. 519.) 12 Sec. 6528. Definition of terms — sufficiency of indictment. — As used in this article, unless otherwise specifically restricted or enlarged, the words herein and hereof refer to the whole article; the words per- son, owner, proprietor, grantee, lessee or licensee in- clude a firm, association, corporation or municipality; the word commissioner means the state game and fish commissioner or deputy commissioner provided for herein; the word officer includes every person author- ized to enforce this article; the words close season mean that season in which the birds, game or fish shall not be killed or possessed, and whenever the posses- sion, use, importation, transportation, storage, taxi- dermy, sale, offering or exposing for sale of fish, game or birds is prohibited or restricted, the prohibition or restriction shall exteud to and include every part of such fish, game or bird, and a violation as to each in- dividual animal, fish or bird, or part thereof, shall be a separate offense, and two or more offenses may be charged in the same complaint, information or indict- ment, and proof as to a part of a fish, bird or animal shall be sufficient to sustain a charge as to the whole of it; and violations as to any number of animals, fish or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal, bird, fish or game. (Laws 1909, p. 519.) Sec. 6529. Warrant, how served on corporation. In case of a violation of this article by a corporation, the warrant of arrest may be read to the president, secretary or manager in this state, or any general or local agent thereof in the county where the action is pending, and upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine im- posed may be collected by execution against the prop- erty of such corporation, but this section shall not be deemed to exempt any agent or employe from prosecu- tion. (Laws 1909,. p. 519.) Sec. 6530. Imprisonment for failure to pay fine unless paroled. — Whenever upon conviction the per- son convicted fails to pay the fine and costs imposed upon him, he shall be committed to the jail of the county or of the city of St. Louis, or to some work- house and shall there be kept confined one day for each dollar of fine and costs adjudged against him, unless 13 otherwise paroled by the judge of the circuit or crimi- nal courts of this state, as otherwise provided by law in , criminal cases. (New section.) Approved March 23, 1915. Sec. 6531. Liable for wildfire— penalty.— No person shall set fire to any timber or grass on land be- longing to this state or to the United States, or set fire to any place where it is liable to spread to such timber or grass, nor abandon any camp fire unextin- guished. Any person violating any of the provisions of this section shall be deemed guilty of a misde- meanor, and, upon conviction, shall be fined not less than twenty-five dollars nor more than two hundred dollars. (Laws 1909, p. 519.) Sec. 6532. Failure of officer to perform duty- penalty. — Any official, officer or commissioner who shall fail to perform any act, duty or obligation en- joined upon him by the game and fish laws shall be guilty of misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and costs of prosecution. (Laws 1909, p. 519.) Sec. 6533. Limitation of prosecution. — Prosecu- tions under this article may be commenced within one year from date of violation of any provision of this article, either by indictment, complaint or informa- tion. (Laws 1909, p. 519.) Sec. 6534. Printing.— The blanks and other printing necessary to carry out the provisions of this article shall be printed under the direction of the com- missioners of public printing in the form to be pre- scribed by the state game and fish commissioner, to be paid for in like manner and upon the same terms as other public printing. (Laws 1909, p. 519.) Sec. 6535. Obstructing free passage of fish — penalty. — It shall be unlawful for any person or per- sons to place, or cause to be placed or erected, any seine, screen, net, weir, fish dam or other obstruction in or across any of the waters, rivers, creeks, ponds, streams, sloughs or other watercourse within the juris- diction of this state in such a manner as will obstruct the free passage of fish up and down and through such water or watercourses. Any person violating any of the provisions of this section shall be deemed guilty of 14 a misdemeanor, and be fined, upon conviction, not less than fifty dollars nor more than two hundred dollars, and costs of prosecution. (Laws 1909, p. 519.) See Sec. 5482 and notes. Sec. 6536. Contamination of streams— penalty. It shall be unlawful for any person or persons, firm or corporation to cause any dyestuff, coal tar, oil, sawdust, poison or deleterious substances to be thrown, run or drained into any of the waters of this state in quantities sufficient to injure, stupefy, or kill fish which may inhabit the same at or below the point where any such substances are discharged or caused to flow or be thrown into such waters: Provided, that it shall not be a violation of this section for any per- son, firm or corporation engaged in any mining in- dustry to cause any water handled or used in any branch of such industry to be discharged on the sur- face of the land where such industry or branch thereof is being carried on under such precautionary measures as shall be approved by the state game and fish com- missioner. Any person or persons, firm or corpora- tion offending against any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction, shall be fined not less than two hun- dred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. (New section.) Approved March 24, 1915. Sec. 6537. Explosives prohibited — penalty. — The use of dynamite or explosives in any of the waters of this state is prohibited except by the special permis- sion and under the supervision of the state game and fish commissioner, and then only for mining or me- chanical purposes, or to recover the bodies of persons. Any person, firm or corporation offending against any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense. (Laws 1909, p. 519.) See Sec. 6538 and notes. Sec. 6538. Poison and explosives not to be used to kill fish — penalty. — No person shall place or use in any of the waters of this state any medical drug, any coculus indicus, or fish berry, or any other poisonous thing or substance, calculated to poison, 15 kill, or injure any fish, nor shall by such means kill, catch or take any fish that may be in said waters, and no person shall place any dynamite, giant powder, nitroglycerin, or any explosive substance of which ni- troglycerin composes a part, or any other explosive substance or preparation in any of the waters of this state, whereby any fish that may be in said waters may be killed, injured, or destroyed, and no person by any such means shall kill, catch or take any fish from said waters. Any person who shall violate any of the provisions of this section, shall on conviction be adjudged guilty of a felony and punished by im- prisonment in the penitentiary for a term not exceed- ing two years, or by imprisonment in the county jail not less than thirty days, or by fine not less than one hundred dollars ($100.00), or by both such fine and imprisonment. (New section.) Approved March 24, 1915. Sections 6539, 6540. 6541, 6542, 6543, 6544, are omitted because the supreme court has held them to be unconstitu- tional. Sec. 6545. Officers to enforce law — sections to be given in charge of grand juries. — It shall be the duty of all sheriffs and their deputies, constables and their deputies, and all prosecuting attorneys and their assistants, within their respective counties, and the city of St. Louis, to diligently aid in enforcing the provisions of all laws in relation to the protection and preservation of fish in all of the waters of this state and section 6538 of this article, shall be given in special charge to grand juries, by all courts having criminal jurisdiction by indictment. (New section.) Approved March 24, 1915. Section 6546 is omitted because the penalty it provided is now provided for in the new section 6538. Sec. 6547. Disposition of fines recovered. — One half of all fines collected upon convictions under the provisions of sections 6538 to 6545, inclusive, shall be paid to the informer or prosecutor, and the other half paid into the county school fund, and all officers, their deputies and assistants, required by said sections to aid in their enforcement shall be considered informers and prosecutors in all cases where they shall originate prosecutions for any violations of the provisions of said sections. (R. S. 1899, Sec. 7465.) Sec. 6548. Use of nets, seines and other de- vices prohibited — exceptions — seasons — penalty. — It 16 shall be unlawful for any person or persons to take, catch, or kill any fish in any of the waters of this state by means of any seine, trammel net, gill net, fish trap, firearm, rifle or gun, or any other kind of net, trap, firearm, device or means other than by ordinary hook and line, gig, spear, trot line or artificial bait: Pro- vided, it shall be unlawful for any person to take, catch or kill more than fifty pounds of fish in any one day with gig or spear: Provided, any one fish may be ex- cluded from this weight, in order to comply with the requirements of total weight of fish so gigged or speared: Provided, it shall be unlawful to gig fish or spear fish during the months of January, February, March, April and December of each year: Provided, it shall be unlawful for any person or persons to take, catch or kill any fish in any of the waters of this state either by "logging," "rock" or "hand fishing" or by any means whatever during the months of April and May, except with ordinary hook and line and natural bait or artificial bait or gig: Provided, it shall be un- lawful to seine, net or trap fish in the Mississippi or Missouri rivers by use of these devices during the months of April and May: Provided, it shall be un- lawful to seine, net or trap fish at any time within three hundred yards of the mouth of any stream or slough emptying into the Mississippi or Missouri rivers: Provided, it shall be unlawful for any person to ship, or offer for shipment, any fish which have been killed, or taken by use of any spear or gig or for any person to have in his possession at one time more than fifty pounds of fish gigged or speared, and then only for his or her own family consumption: Provided, nothing in this section shall apply to fish taken in any private pond or reservoir, wholly upon the premises of the owner or occupant thereof, and then only by and with the consent of said owner or occupant: Pro- vided, nothing in this section shall prohibit the use of seine, trammel net and hoop net in the Mississippi and Missouri rivers during the months of January, February, March, June, July, August, September, October, November and December of each year with seines and nets, the mesh of which shall not be less than two (2) inches square: Provided, such seines or nets shall not be operated within three hundred yards of the mouth of any streams or slough emptying into said Mississippi and Missouri rivers: Provided, any person may use a glass or wire minnow trap or a small seine which is not more than twenty feet (20) in 17 length and four (4) feet in width, known as a minnow seine, to be used for catching bait only: Provided, any trout, bass, crappie, pike, jack salmon, channel cat, or fish other than minnows or small sunfish caught in minnow seines, glass and wire traps, must be re- turned uninjured into the water from which they were taken: Provided, all minnows and sunfish taken in such traps and minnow nets, and not of sufficient size to be kept for bait must likewise be returned to the water from which they were taken: Provided, failure to "return fish to the water as herein specified, when captured in bait seines or traps, shall be included in the unlawful acts provided for in this section: Pro- vided, this section shall not apply to fish taken for food purposes, by residents of this state, from the waters which are wholly caused by temporary formation from overflow waters, but no fish so taken shall be used for commercial purposes: Provided further, that any person or persons owning land along any unnavigable stream or by permission from said landowner in this state may take fish from such streams during the months of July, August and September for his or their own consumption or table use with common two (2) inch mesh net seine, provided it shall be a misdemean- or to offer for sale fish so taken: Provided nothing in this bill shall be construed as to apply to the fish com- monly known as grinnel, shovel bill(,) cat and gar, but they may be killed at any time and in any way ex cept dynamite or explosions of any kind. Any per son violating the provisions of this section will be guilty of a misdemeanor and shall be subject to a fine of not -less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). (New section.) Approved March 24, 1915. Sec. 6549. Fishing near ladder or under ice prohibited — penalty. — It is hereby declared unlawful to catch, take or kill any fish in any manner in the waters of this state except with pole, line, single hook and only natural bait used, within a distance of two hundred feet on either side of any fishway or fish ladder erected or maintained in compliance with the laws of the state, or to take, catch or kill any fish in any manner in any water of this state upon the sur- face of which ice is frozen. Any person violating the provisions of this section shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars. (Law 1913, p. 349.) 18 Sec. 6550. Sale of certain fish prohibited — pos- session — penalty. — It - II 01 >ffei for sale any >f th< - fis oed be!:" which are less than the lej a Trt it, eight : - eleven inches; jack eleven i^ ; -li-? arht in :l;^t-: white ass, eighl inches; sunfish, six inches; I Ine >r eh - lirl rhite perch, ten inches; said fish 1 - - . i : lating any :: the Leemed ^ i misdemeanoi l shall be fined not !rS5 than ten I - 51 a : more than two hun- for each aal z?_ - sred for sale. The having in possession . on- ay 5ommercial establishmei person engaged in keeping ;r running a h Qess : selling z ; _ - q are held lati I - - Sew section. Aproved March 24, 1 U " Sec. 6551. Pearl fishing prohibited — what sea- sons.- — It is hereby leclared nnla i ranypers Tiji^ in wm t ii a as ing" in an rs :: this state at any time luring the : March, April, May and June. Any person ting the ; re ■■ : ; :.if ::' this section shall be g ::. upon 3onviction, shall be fined not less than twenty-five iollars nor more than one hundred Iollars for -. fense. Lai -. p. ■ Sec. 6552. Owner of milldams — duty to make fish chute. — It shall be ::: iuty :■: the owners ts of any d ly ::rraiz in this si ::t owner or occupant of ai; in this sfe L^r. - jring the use >i the same for -• pur- l is such per- - and i state, such mutes or 19 fish ladders to be completed and placed in all dams in existence at the date of the passage of this article on or before the first day of November, 1909, and all dams hereafter built shall be constructed with such chutes or fish ladders at the time of building of said dams. All such chutes or fish ladders shall be maintained and kept in good repair by the owners or occupants of such dam or dams or by the person using the water thereof, as aforesaid, during the whole time of the existence of said dam or dams; and they shall keep said chutes and fish ladders open for the free passage of fish during all the months of March, April, May and June of each year: Provided, that on all streams where there is not a surplus of water for all legitimate purposes of the dam owner during the months of March, April, May and June, the said owner shall only be required to keep such chute open when there is waste water and to cause such waste water to pass through such chute sufficient to furnish free passage for fish up such stream. (Laws 1909, p. 519.) Sec. 6553. Game commissioner to prepare plan for fish chute. — It shall be the duty of the state game and fish commissioner of this state to procure a draft of a general plan on a scale of such construction as will in his opinion best subserve the free passage of large and small fish, both up and down the small streams at the dam, on which plan shall be designated the great- est allowable slope per foot run on said chutes or fish ladders when in place in the dam; also, the proper width and depth, together with such other details and specifications in respect to materials and construction, and connection with the dam, as will enable an or- dinary carpenter to properly construct and place the same. (Laws 1909, p. 519.) Sec. 6554. Game commissioner to inspect dams. The state game and fish commissioner is hereby made inspector of dams during his term of office, and it shall be his duty to cause to be constructed by the owner of said dam a fish chute or ladder as provided by the terms of this article, the expense thereof to be paid by the owner or occupant enjoying the use of said dam. It shall be the duty of the state game and fish commis- sioner to prosecute, in the name of the people, with the aid of the prosecuting attorney of the county, in all cases where this law is not complied with. (Laws 1909, p. 519.) #— * 14 9 — * 100J3H10i«r%TIOS 21 Fish Ladder, or Chute, With Specifications As Adopted for Use in Missouri Streams by Jesse B. Jones, State Game and Fish Commissioner. CRIB OR BULKHEAD. Construct of white oak, cypress, pine or other durable wood, 2x12 "joist stuff." Mitre and bolt the corners thor- oughly in order to resist the drift which might float down and strike bulkhead. Bolt the sides of bulkhead at the bot- tom atr corners with strap irons, full length on sides, and nut and washer on under side of bottom. The top crib on top of bulkhead should project or stand out of the water at least two feet higher than the main chute. Fill the crib and bulkhead with heavy stone or concrete, sufficient in weight to anchor the chute firmly down to dam. Always recess the chute into dam. sufficient to let full current of water flow through the flshway at low water mark ; the top of the chute must always be under water. If current is too strong to put chute in place, a temporary cofferdam of sandbags may be constructed in checking the flow of water until chute is in place and bulkhead weighted down. Sandbags should be removed when chute is completed. CHUTE OR RUNWAY. Construct the chute of two-inch material (white oak). Build first the chute from the crib, letting 2x12 bottom pieces extend through under bulkhead. In making joints see to it that they come on the arms. Bolt the 2x12 arms to bottom and top with two one-half inch bolts to each arm, letting tnem run clear through. Also use plenty of spikes in securing all parts together. The runway of the chute must extend to within two feet of the bottom of the river, and into the pool below the dam. It may be placed at either one side or in the center of the dam, but must be placed in the channel of the stream and where the greatest depth is always to be found. Cover the entire chute with two-inch white oak planks, leaving a two-inch space between the planks for the purpose of cleaning out the pockets. Use plenty of wire nails in the construction. Support the slanting chute from the bottom of the stream by knees or horses on proper and sufficiently strong supports. The length of the chute is determined by the height of the dam, the fall being 4 feet to every one foot of height of the dam. In securing the chute to the horses or knees, place an iron band over the chute and extend down and bolt on to the upright supports in order that the two will be securely made fast together. At the bottom of horses or supports find or form a solid bottom, and bolt firmly a cross-arm from one to the other, ex- tending on either side about 2 feet in the clear of the runway, and on this arm secure by wiring sufficient weight to anchor and hold fast the lower end of chute to within 2 feet of bottom of stream during high or low water, so it will not be inclined to float. Keep both these lower and upper ends of the chutes always clear of debris for the free passage of fish. In connecting the slanting part of chute to the level part which lays in the dam, use strap irons bolted to each section securely, place one across each joint, on sides, top and bottom. Should dam be of such height as to need several sections, al- ways put sufficient supports, well secured and bolted and weighted down. Estimated amount of material needed to construct a fish chute 5 feet wide upon dam with 8 feet fall, the top of dam be- ing 6 feet wide. It will be noted that 8 feet is far in excess of the height of most dams. 9 — 2x12x8 bulkhead and crib sides 144 ft. 5 — 2x12x12 bulkhead bottom and level chute. . .120 ft. 10 — 2x12x16 chute bottom, 32-foot run 320 ft. 5 — 2x12x16 chute sides, 32-foot run 160 ft. 10 — 2x10x16 chute top, 32-foot run 268 ft. 5 — 2x12x10 chute pockets or arms 100 ft. 5 — 6x6x16 knees or horses 240 ft. 1 yard rock to weight bulkhead. 3 strap bolts, 36 inches long, for bulkhead and crib. 12 bolts, Hxl2 inches for bulkhead. 24 bolts, Hxl6 inches for arms. 25 pounds spikes. 24 strap irons for joints in chute. Carpenter and dray. 22 Sec. 6555. Penalty for failure of dam owner to construct chute. — If the owner or occupant, or any firm, corporation, company, person or persons, using or enjoying the use of any dam or dams across any stream in this state which is now built, or which may be built hereafter, shall fail to comply with all the provisions of this article with respect to the construc- tion and maintenance in good repair of such chutes and fish ladders in any such dam or dams, after having been notified in writing by the state game and fish commissioner to construct the same, he or they shall be guilty of a misdemeanor, and for each thirty days that such owner or occupant shall neglect or refuse to comply with all the provisions of this article appli- cable to him or them, he or they shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars. (Laws 1909, p. 519.) See Sec. 5482 and notes. Sec. 6556. Corporation owning dam — who li- able. — In respect to the construction and maintenance of fish chutes or fish ladders at dams owned by cor- porations, the duties and liabilities imposed by this article shall devolve and be imposed upon the presi- dent, secretary or manager in this state or any general or local agent thereof. (Laws 1909, p. 519.) Sec. 6557. Governor to appoint game and fish commissioner — salary. — It shall be the duty of the governor to appoint some person skilled in matters re- lating to birds, game and fish, a resident of this state, game and fish commissioner, who shall hold his office for a term of four years and until his successor has been appointed and qualified. He shall receive a salary of twenty-five hundred dollars per annum, payable monthly out of the game protection fund, in the same manner as other state officers are paid. (Laws 1909, p. 519.) Sec. 6558. Game commissioner shall file state- ment, with whom. — The game and fish warden may provide and maintain a suitable office, and may main- tain a clerk when necessary. At the end of each calen- dar month the said game and fish commissioner shall file with the state auditor an itemized statement, under oath, of all sums of money actually and necessarily expended by him in the discharge of his official duties. Such statement shall include office rent, salary of one clerk at the rate of two and one-half dollars per day 23 while said clerk is employed, salaries and expenses of deputies while traveling under special orders, as here- inafter provided, all necessary traveling expenses, postage, stationery, fuel and such incidental expenses as may be required. The state auditor shall draw his warrant for such amount, which shall be paid monthly out of the game fund. (Laws 1909, p. 519.) Sec. 6559. Game commissioner shall give bond. Before entering upon the discharge of his official duties the game and fish commissioner shall give bond in the sum of five thousand dollars to the state of Missouri, with two or more sureties, to the accept- ance of the secretary of state, conditioned that he will truly account for and apply all moneys which may come into his hands in his official capacity, and that he will faithfully perform the duties enjoined upon him by law; and he shall take and subscribe the oath or affirmation required by the Constitution of the state. (Laws 1909, p. 519.) Sec. 6560. Game commissioner shall keep a seal. The game and fish commissioner shall keep a seal of office, which shall be used to authenticate all papers and documents issued and executed by him as such officer. (Laws 1909, p. 519.) Sec. 6561. Game commissioner shall make re- port to governor — when — what. — In the month of January of each year the game and fish commissioner shall make a report to the governor, showing the offi- cial business transacted by him. Such report shall show the number of hunters' licenses issued, together with all fees proceeding therefrom. It shall show what moneys have been received by the game and fish department from other fees and other sources. It shall show the number of deputies employed and shall give all necessary information concerning the affairs of the game and fish department, said report to be published in pamphlet form. (Laws 1909, p. 519.) Sec. 6562. Duties of game commissioner.— It shall be the duty of the game and fish commissioner to enforce all laws now enacted and which may be here- after enacted for the protection, preservation and propagation of the game animals, birds and fish of this state, and to prosecute, or cause to be prosecuted, all persons who violate such laws. Said game and fish commissioner may make complaint and cause pro- ceedings to be commenced against any person for the 24 violation of such laws, and he shall not be obliged to furnish security for costs. Said game and fish com- missioner shall at any and all times seize any and all birds, animals and fish which have been caught, taken or killed at a time, in a manner, or for a purpose, or had in possession, or which have been shipped, con- trary to the laws of the state. (Laws 1909, p. 519.) Sec. 6563. Certain articles forfeited to state. — The unlawful use of any articles contrary to the pro- visions of the game and fish law shall forfeit the same to the state, and upon their being found by law under any of the conditions prohibited by this article, shall be destroyed. (Laws 1909, p. 519.) Sec. 6564. Game commissioner may examine packages — penalty for refusal to allow examination. All birds, animals or fish seized by the said game and fish commissioner shall be donated to some charitable institution in the county where such seizure was made. It is hereby made the duty of every warehouse, cold storage plant, merchant or common carrier, agent, -servant or employe thereof, to permit the game and fish commissioner to examine any package in the pos- session of said warehouse, cold storage plant, merchant or common carrier, or agent, servant or employe there- of, which the said game and fish commissioner shall suspect or have reason to believe contains fish, birds or game protected by the laws of the state, and not entitled under such law to be transported or had in possession, or when the said game and fish commis- sioner shall suspect or have reason to believe that the said package is falsely labeled. Any person, firm or corporation refusing the game and fish commis- sioner, or any officer charged with the enforcement of the game and fish laws, permission to examine or open any such package or impede such action by the game and fish commissioner, shall be punished by a fine of not less than fifty dollars nor more than one hundred and fifty dollars. Said game and fish commissioner shall not be liable for damages on account of any search, examination or seizure made in accordance with the provisions of this article. (Laws 1909, p. 519.) Sec. 6564a. Inspection and counting of birds, game and animals — penalty. — It is hereby made the duty of every person participating in the privileges of taking or possessing fish, birds, animals, and game, as 25 permitted by this act, to permit the game and fish commissioner or his deputies to inspect, and count such fish, birds, animals, and game, to ascertain whether the requirements of this act are being faith- fully complied with. Any person who shall refuse to comply with a demand to permit such inspection and count by any authorized officer of this state, or who shall interfere with such officer or obstruct such in- spection or count shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than one hun- dred and fifty dollars ($150.00). (New section.) Approved March 24, 1915. Sec. 6565. Commissioner may serve warrants — may arrest without warrant, when. — Said game and fish commissioner shall have the same power to serve criminal processes as sheriffs or marshals, and shall have the same right as sheriffs or marshals to require aid in the execution of such process; said game and fish commissioner may arrest without warrant any person caught by him in the act of violating any of the laws of the state for the protection or propagation of birds, game and fish, and take such person forthwith be- fore a justice of the peace or any court having juris- diction, who shall proceed without delay to hear, try and determine the matter, the same as in other crimi- nal cases. (Laws 1909, p. 519.) Sec. 6566. Commissioner may appoint deputies — compensation. — The game and fish commissioner shall have power to appoint at any time one or more deputies from each congressional district, who shall assist him in the discharge of his duties, and said depu- ties shall have like power and authority herein pro- vided for the game and fish commissioner; but such deputies shall be subject to the supervision and con- trol of the game and fish commissioner and subject to removal by him. Such deputies shall each receive a per diem of three dollars for each day while under the direct orders of the state game and fish commissioner to perform services in the enforcement of the fish, game and bird laws, and their actual necessary ex- penses incurred while working under the direction of the state game and fish commissioner, which expenses shall be paid monthly upon vouchers verified under oath and approved by the state game and fish com- missioner out of the game protection fund. (Laws 1999, p. 519.) 26 Sec. 6567. Commissioner to publish and dis- tribute laws relating to game. — The state game and fish commissioner shall cause to be published in pamphlet form, for general distribution, the laws re- lating to game, birds and fish. (Laws 1909, p. 519.) Sec. 6568. Commissioner may issue permits, when — to whom. — The state game and fish commis- sioner may issue permits to any person to take, cap- ture, kill, transport within or without this state, or import into this state, any game, fish or bird men- tioned in this article, at any time when satisfied such person desires the same exclusively as specimens or for scientific or propagating purposes. Such permit shall be in writing, and shall state the kind and num- ber to be taken and the manner of taking, the name of the person to whom issued, if imported into this state, the name of the state or territory, the name of the person shipping such birds, fish or game, and shall be signed by him; such permits shall not be transferable, nor shall it be lawful to sell or barter any of the birds, fish or game taken or imported under such permit for food purposes, and the holder of such permit shall be liable to the penalties provided in this article if he violates any of its provisions. Such permits shall be issued upon payment of five dollars and shall expire December 31st of the year issued: Provided, it shall be unlawful for any person to distribute or ship quail (bobwhite partridge) from this state for any purpose, and no permit shall be granted for such purpose. Any person or persons offending against the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hun- dred nor more than five hundred dollars for each offense. (New secti@n.) Approved March 23, 1915. Sec. 6568a. License for breeding game in captivity — penalty. — It shall be unlawful for any person to engage in the propagation of game in cap- tivity as is provided for in section 6568 or to maintain a game farm for raising deer and elk in captivity, as is provided for in section 6591, without first obtaining a license authorizing him or her to do so. Such licensee shall so conduct said game farm or propagation enter- prise, as to not in any manner, conflict with the en- forcement of the game laws of this state, as otherwise provided nor shall such domesticated game raised or 27 held in captivity, be used for a cloak to nullify or make difficult of enforcement the laws relating to wild game of the state. The license shall be for the sum of five dollars ($5.00) and shall expire December 31st of each year. The issuance of such license shall be discretionary with the state game and fish commis- sioner ,and may be revoked at any time. All fees for such license shall be placed in the game protection fund in like manner and for the same purpose as reve- nue from hunting license. A violation of this sec- tion shall be a misdemeanor and upon conviction the offender shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hun- dred dollars ($500.00). (New section.) Approved March 24, 1915. Sec. 6569. Taxidermy — who shall engage in. — It shall be lawful for any person in the state of Mis- souri to engage in the art and business of taxidermy after first showing that he is skilled in such business and taking out a permit from the game and fish com- missioner therefor, and it shall be lawful for any such licensee to receive from any person the carcass of any wild bird or game animal lawfulty killed or any part thereof, to be mounted or preserved by the art of taxidermy, and to ship to any person the same, after being so mounted or preserved, by attaching to such shipment a tag, stating the name of the taxidermist and the number and date of his permit. It shall be lawful for any person in the state of Missouri, being a taxidermist, with permit and holding a permit for scientific collection, to dispose of specimens for scien- tific and instructive purposes. The permit for the business of taxidermy shall be issued by the state game and fish commissioner upon the payment of one dollar, and such permit shall be good only during the calendar year of issue and shall not be transferable. (Laws 1909, p. 519.) Sec. 6570. Commissioner may transmit speci- mens to other state wardens, when. — The state game and fish commissioner may, upon application from the game and fish commissioner, or corresponding officer, of any other state or territory, procure and transmit to such officer live specimens of the game animals, birds or fish of this state, to be used for scientific or propagating purposes. (Laws 1909, p. 519.) Sec. 6571. May remove fish, when. — The state game and fish commissioner may take at such time 28 and in such manner from public waters of this state fish which, in his judgment, hinder or prevent the propagation of game or food fish, or when fish are in danger of perishing. Such removal shall be effected by such means and under such regulations as the state game and fish commissioner may provide. So much of such money realized from the sale of fish so re- moved may be used by the state game and fish com- missioner in continuing the work of removal, and all surplus money must be turned into the game protec- tion fund. The Missouri fish commission may take or cause to be taken under the supervision of the state game and fish commissioner any fish from public waters in any manner, at any time, for any purpose connected with the fish culture or with scientific observation. (Laws 1909, p. 519.) Sec. 6572. Permits to be issued, when — fee. — Upon the payment of two dollars, unless otherwise pro- vided, to the state game and fish commissioner, he is authorized to issue permits according to the provisions of this article. (Laws 1909, p. 519.) Sec. 6573. Certain officers deputy wardens. — All sheriffs, deputy sheriffs, marshals, constables and other peace officers are hereby declared to be ex officio game and fish commissioners. (Laws 1909, p. 519.) Sec. 6574. License to hunt. — It shall be unlaw- ful for any person, after the passage of this article, to hunt in this state without first obtaining a license permitting him or her to do so. Such license shall be dated when issued, and shall authorize the person named therein to hunt during the calendar year of issue, and then subject only to the regulations and restrictions provided by law. (Laws 1909, p. 519.) Sec. 6575. License to nonresidents, how pro- cured — must keep record — license to residents, how procured. — The state game and fish commissioner shall issue licenses to nonresidents for hunting in the manner and under the conditions hereinafter stated. All fees for such licenses shall be paid by the state game and fish commissioner to the secretary of state, and shall be by him paid to the state treasurer. The state game and fish commissioner shall procure the printing of all licenses for hunting, and a record of such licenses issued to nonresidents shall be kept in the office of the state game and fish commissioner. All 29 C hunting licenses shall be numbered consecutively at the time they are printed. Resident licenses shall be furnished by the state game and fish commissioner to the clerks of the several counties and the license col- lector of the city of St. Louis, who shall issue the same upon the terms and conditions herein provided. Not more than one license shall be issued to the same person in any one calendar year. (Laws 1909, p. 519.) Sec. 6576. Application of nonresidents must contain what — fee. — Any nonresident of this state may secure a license for hunting by filing his (or her) affidavit with the state game and fish commissioner, stating his (or her) name, age, place of residence, post- office address, color of his (or her) hair and eyes, and the fact whether he (or she) can or cannot write his (or her) own name and paying to the state game and fish commissioner the sum of twenty-five dollars. (Laws 1909, p. 519.) Sec. 6577. Resident license — by whom issued —record kept— clerk's fee— monthly remittance and report — penalty. — County clerks and the license col- lector of the city of St. Louis shall issue resident li- censes, under seal of their office, to all persons com- plying with the provisions of this article, and shall sign the same, and before the licensee, shall have the right thereunder to hunt, he shall sign his name, in ink, on the margin of the license paper. He shall keep a com- plete record of all licenses issued in a book, to be fur- nished by the state game commissioner, which record shall remain in his office, and be open to the inspec- tion of the public at all times. Such clerk and the license collector of the city of St. Louis shall retain out of the money received for each license issued, the sum of fifteen cents, which shall cover the swearing of the applicant to the affidavit, and all other services under this article, which said fee of fifteen cents, paid to said clerks, shall be retained by them for such serv- ices, and said clerks are not required to account for the same in their quarterly or annual statements of fees, as provided in sections 10721 and 10722, and shall pay the balance to the state treasurer on the first day of each month, and report to the state game and fish commissioner, the number of licenses issued, and the amount of money remitted to the state treasurer on the first day of each month. Any person violating any of the provisions of this section, shall be deemed 30 guilty of a misdemeanor, and, upon conviction, be fined not less than twenty-five dollars, nor more than one hundred dollars. (New section.) Approved March 23, 1915. See State v. Moody, 202 Mo. 120. Sec. 6578. Resident or state license, good where — qualifications of applicant — fee — proviso. — Resident licenses shall be issued as county resident li- censes and state resident licenses. A county resident license shall entitle the holder to hunt only in the county wherein such license is issued, and any adjoin- ing county. A state resident license shall entitle the holder to hunt in all counties in the state of Mis- souri. Any person who has been a bona fide resident of this state for six months last past may secure a license for himself (or herself) by filing his (or her) affidavit with the clerk of the county where he (or she), resides, stating his (or her) age, name, place of residence, postoffice address, the color of his (or her) hair and eyes, and the fact whether he (or she) can or cannot write his (or her) name, paying to said clerk one dollar for a license to hunt in the county in which he resides and any county adjoining same, or five dollars for a state resident license: Provided, that this section shall not apply to owners and tenants of farm lands used exclusively for agricultural purposes, and members of their families under the age of twenty- one years, who may hunt on their own or leased lands without obtaining a hunting license. (Laws 1909, p. 519.) See Ex parte Helton, 117 A, 609. Sec. 6579. Duties of license collector St. Louis city same as county clerk. — For the purpose of carry- ing on the provisions of this article, the license col- lector of the city of St. Louis shall correspond to the county clerks of the various counties in this state. Such license collector shall be provided with the neces- sary license blanks and affidavit blanks and license record. He shall issue resident hunters' licenses and collect therefor the fee required in section 6578 of this article, and for each license issued such license col- li- -tor shall retain from such money collected a fee of fifteen cents. He shall keep such records relating to licenses issued and make such reports to the state game and fish commissioner concerning the same as the pro- visions of this article require of county clerks. (Laws P. MM), p. 519.) 31 Sec. 6580. License may be inspected, by whom penalty for refusal. — It is hereby declared to be the duty of every person holding a hunter's license in the state to present the same for inspection by the game and fish commissioner or any of his deputies, or any other state officer, or any sheriff, marshal or constable. Any person holding such license and refusing to pre- sent the same when a proper demand is made there- for, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars. (Laws 1909, p. 519). Sec. 6581. Penalty for hunting without license. Any person who shall hunt in this state without being at the time of such hunting in possession of a license, as herein provided, duly issued to him (or her), which license shall cover the period in which he (or she) shall be hunting, or who shall furnish to another per- son a license issued to him (or her), shall be fined not less than twenty-five dollars nor more than one hun- dred dollars and costs of prosecution. (Laws 1909, p. 519.) Sec. 6582. Penalty for fraudulently procuring license. — Any person who shall make to any person authorized to issue hunting licenses a false statement, or who shall change or alter in any manner a hunting license, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars and costs of prosecution. (Laws 1909, p. 519.) Sec. 6583. Licenses distinguishable in color- distribution of— annual return and report.— The li- censes of state residents and county residents and non- residents shall be printed so different in color as to be easily distinguished. The state game and fish com- missioner shall deliver to the clerk of each county and the license collector of the city of St. Louis, as soon as this article goes into effect, and at least ten days be- fore the first day of January of each year thereafter, as many licenses as may be required, and shall charge said clerk and collector with the number so issued to him. On the fifteenth day of December of each year, and within ten days thereafter, each county clerk and collector of St. Louis shall return to the state game and fish commissioner all unused licenses and unused stubs of the licenses issued, with a report of the number of licenses issued, amount of money received, amount re- tained by him, and the amount paid over to the state 32 treasurer for hunting licenses issued. (Laws 1909, p. 519.) Sec. 6584. Schedule of game and open dates on back of license— licensee shall report to commis- sioner. — On the back of each hunting license the state game and fish commissioner shall cause to be printed a table showing the names of birds and animals that may be killed, together with a list of days; and the holder of such license shall set down in the proper place the number and name of each kind of bird or animal killed, and return such license, with such table properly filled, to the state game and fish commissioner. (Laws 1909, p. 519.) Sec. 6585. "Game protection fund," availabil- ity and restrictions. — All moneys sent to the state treasurer in payment of hunting licenses, other li- censes, penalties and forfeitures shall be set aside by the state treasurer and shall constitute a fund known as the "game protection fund," for the payment of salary of the state game and fish commissioner and his necessary expenses; for the payment of deputy game and fish commissioners and their necessary expenses; also, the buying, shipping, keeping, propa- gating and preserving of game. The liability of the state for per diem, salaries and expenses of deputy game commissioners appointed under this article or otherwise, and for all other services and expenses in- curred for any purpose or in consequence of this article shall be limited to the amount of moneys in the game protection fund, and in no event shall the state pay any such salaries or expenses, or be liable in any way therefor, except to the extent of such game protection fund, any contract, express or implied, of the state game and fish commissioner to the contrary notwith- standing. And said state game and fish commissioner shall not issue any voucher, nor shall the state auditor approve any voucher if issued by the state game and fish commissioner under the provisions of this article, or otherwise, for any such per diem, salary, services or other expenses of any kind, unless the money to pay such voucher shall at the time be on hand to pay the same. (Laws 1909, p. 519.) Similar provisions in the act of 1905, p. 158. for dis- position of ''fines, penalties, forfeitures" were held uncon- stitutional, and the prosecutions and penalties held to be criminal. State ex rel. v. Warner, 197 Mo. 650. 33 Sec. 6586. Trials, duty to report fines. — It shall be the duty of every justice of the peace, magistrate or clerk of the court before whom any prosecution under this article is commenced, or shall go on appeal, and within twenty days after the trial or dismissal thereof, to report in writing the result thereof, and the amount of fine collected, if any, to the state game and fish com- missioner. (Laws 1909, p. 519.) Sec. 6587. Penalties collected, how disposed of. Moneys collected from penalties or forfeitures under this article, belonging to the game protective fund, shall be paid over by the officer authorized to collect said money to the state treasurer on or before the first day of each month. (Laws 1909, p. 519.) Sec. 6588. State treasurer to make monthly re- port to commissioner. — -The state treasurer shall re- port on the first day of each month to the state game and fish commissioner the exact amount of money in the game protection fund. (Laws 1909, p. 519.) Sec. 6589. Shipping, owner to accompany game — penalty. — It is unlawful and is prohibited for any person who has lawfully killed the same in this state to take, ship, or transport out of this state, any of the birds, or game, protected by the laws of the state, unless the same shall be in personal possession of, or carried openly as baggage or express by the owner thereof, and such owner shall have in his or her pos- session at the time a nonresident or resident license duly issued to him or her under the provisions of the law, and shall accompany the said birds or game on the same train or other conveyance of the common carrier. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00): Provided, nothing in this section shall be construed as permitting any person to trans- port birds or game protected by the laws of this state unless he or she shall be at the time in possession of a hunting license, which license must be shown under any and all conditions, relating to transportation when demand is made by any authorized officer intrusted with the duty of enforcing this law. (New section.) Approved March 24, 1915. No hunter can lawfully ship game unless he has a license. Ex parte Helton, 117 A. 609. Sec. 6590. Transportation company must in- quire for license before shipping. — Any person, com- 34 pany, corporation or common carrier, before shipping or transporting any animals or birds, must ascertain if any person offering for shipment such birds or game is in possession of a hunter's license duly issued to him (or her) and covering the period when such shipment is offered. Such birds or game may be shipped or transported, provided it is accompanied by the shipper from place of shipment to destination, if within the state, and to state line, if without the state. No transportation company or common carrier shall re- ceive for transportation or transport any of the birds or game protected by this article unless the same shall be received for transportation, carried and delivered pursuant to the provisions of this article, and shall only be received for shipment, carried or delivered dur- ing the season or time which the laws of this state shall fix as the open season for transportation of such birds or game. Any person, corporation, company or com- mon carrier violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one hun- dred dollars. (Laws 1909, p. 519.) No person can receive for shipment, and no carrier can carry, game unless lawfully killed. The only evidence re- quired that the game has been lawfully killed is that the person having the game and offering it for shipment has a license issued to him. Ex parte Helton, 117 A. 609; State v. Koock, 202 Mo. 223. Sec. 6591. Providing for the shipment and sale of deer and elk. — To encourage raising deer and elk in this state in captivity, nothing in this act shall be con- strued to prevent the shipment or sale of deer or elk, alive or dead, from preserves when such deer or elk are raised in captivity, such shipments or sales to be made in a manner prescribed by the state game and fish commissioner. (Laws 1911, p. 257.) Sec. 6591a. Penalty not otherwise provided. — Any person violating any of the acts prohibited by the fish and game laws of the state of Missouri, a penalty for which is not otherwise specifically provided, shall -iiilty of a misdemeanor, and upon conviction thereof, shall be punished in the same manner as pro- vided for other acts of misdemeanor under the laws of this state. (New section.) Approved March 24, 1915. 35 Sec. 4893a. Trespass — hunting. — Every person who shall be found hunting, with gun or dog, upon the enclosed, improved or cultivated lands of another, or shall enter the same to catch or kill game of any kind, without the consent of the owner or person in charge of such lands, shall, on complaint of such owner or person in charge of such lands, and upon conviction therefor, be fined not exceeding ten dollars. (Laws 1911, p. 202.) Sec. 1. Trespass — trapping. — It shall be un- lawful for any person or persons to go upon the en- closed premises of another for the purpose of molesting the den or dens of any fur or hair-bearing animal by any human device or to set any trap, snare, net, dead- fall or other device without first having upon his per- son at the time the written permission of the owner or agent of such premises to so do. Sec. 2. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than fifty dollars nor less than ten dol- lars for each offense. (Laws 1913, p. 224.) V HUGH STEPHENS, JEFFERSON CITY Gaylord Bros.. Makers Syracuse, N. V. | PAT. JAN. 21 ,1908 ■',.■. a.* > , •'■,.. >'-:.■