S K .As CXa/v-cA. ^ The '°" ' ime and Fish Laws OF COLORADO -^-^^=^^ Revision of 1903 In Effect July 12, 1903. REVISED AND PUBLISHED BY AUTHORITY J. M. WOODARD STATE GAME AND FISH COMMISSIONER DENVER. COLO. 'i "' 1 I?^nver, ('olorSidb**< The Sm1th-Brb(fl other birds and 20 pounds of trout and 50 pounds of other fish for each person in any one calendar day, and no person shall take, kill or have in possession in any one open season more than one deer loith horns Nor shall any person have in posses- sion at any one time more than 50 ducks and 50 other birds, nor more than 25 pounds of trout oc 50 pounds of other fish. (9) No game or fish shall be held in possession by any per- son for more than five days after the close of the season for killing the same, except as in this act otherwise provided. (10) No game shall be pursued, taken, wounded or killed In the night, nor with a steel or hard-pointed bullet, nor with any weapon other than an ordinary shoulder gun or pistol, nor shall any fish be taken or killed except in the ordinary manner with a lino and road held in the hand, and the hook or hooks baited with natural or artificial bait; and fishing with snag hooks or trot lines, or lines having more than five hooks thereon, shall not be deemed the ordinary manner of fishing; nor shall any person fish within two hundred feet of any fishway, nor dispose of to another, except by actual donation, any game or fish taken or killed under the provisions of this section; Provided, That dogs, blinds, sinks and decoys may be used for hunting birds, and that the provisions of this section in relation to game quadrupeds and fish shall not apply to those in parks and lakes of class A licensed under said act for the keeping and propagation of the same. Provided, That nothing in this act shall be construed to pre- vent the fishing ivith snag hooks or trot lines or seining of tho Grand river from the mouth of flic Roaring Fork river down to the Utah line, nor the Gunnison river from the mouth of the Uncompahgre river doivn to the Grand river, or any other river where there are no trout. Sec. 8. In waters where white salmon, suckers, carp or squaw fish abound, the commissioner may in his discretion grant to any responsible person a permit to take the same at a designated time and place with nets or seines, and to dis- pose of them for food purposes. Any other fish so taken must be immediately returned to the stream alive. Such permit shall expire with the calendar year, and be substantially in the following form: Form 1. STATE OP COLORADO. DEPARTMENT OP GAME AND PISH. Permit for Salmon, Suckers, Carp or Sciuaw Fish. No Denver 189. . . . Mr is hereby authorized to take white salmon, suckers, carp or siiuaw fish from the at from , 189..., to , 189..., in conformity with law This authorizes possession and sale, transportation and storage. Void after the date last above. Commissioner. DIVISION C. Public and Private Parks, Lakes and Preserves — Sale of Game and Fish Therefrom. Section 1. No person shall have in possession or keep or re- tain in captivity in any park, enclosure, lake or body of water, public or private, any living game or fish unless the person hav-i ing such possession, or the proprietor of such park, enclosure, lake or body of water shall procure a license therefor as here- inafter provided; and in any prosecution for a violation of this section the possession of any living game or flsh, or the hav- ing or keeping of any such game or flsh in any park, enclosure, lake or body of water shall be prima facie evidence that the same was unlawfully captured and is unlawfully heldi in possession. Sec. 2. Any park, enclosure, lake or body of water main- tained in violation of this act shall be deemed a continuing pub- lic nuisance and may be abated as provided by law for thei abatement of public nuisances and the game therein liberated, or any obstruction to the free ingress or egress of fish removed, and each day the same is maintained in violation hereof shall ' be a separate offense. Sec. 3. No person shall transport or sell, keep or expose or i offer for transportation or sale any game or flsh, taken from any park, enclosure, lake or body of water, public or private, unless the same be licensed as provided in this act, and then only as provided in this division, and this section shall apply to game and flsh held by private ownership as well as to game and flsh the ownership of whicli may be acquired under this act. : Sec. 4. The provisions of this division in relation to private parks and lakes, the licensing thereof for the keeping and propa- > gation of game and flsh therein, and permitting the sale thereof, ! shall apply to every park or lake in whole t)r in part on land held by private ownership, and to every lake the water of which, or the right to the use of such water, in whole or in part, has been or may hereafter be acquired under the laws of this state or of the United States, for irrigation purposes, and the owner of such land or water right shall be deemed the proprietor of such park, or lake, and of the game or fish therein, and such lakes shall be designated as class A. Sec. 5. Any person having already established or desiring to establish and maintain a park or lake, public or private, for the purpose of keeping or propagating and selling the game or flsh therein or to be placed therein, shall apply in writing to the commissioner, stating the name, location, extent and proprietor- ship of the same, the kind and as near as may be, the number of game or fish kept or desired to be kept therein, the term for which the license is desired, and enclosing the fee therefor, and if upon examination by the commissioner it shall appear that the application is in good faith, and in other respects proper 10 and reasonable, he shall grant to such applicant a license therefor. Sec. 6. Such license shall be substantially in the following form; Form 2. STATE OP COLORADO. DEPARTMENT OP GAME AND PISH. Licensed Parks and Lakes. No Class A. Denver 190 This certifies that proprietor of a (public or private) (park or lake) called and situated on , Sec Twp Range , in county, Colorado, is hereby authorized to keep and propagate therein and dispose of as provided by law, the following (game quadrupeds, birds or flsh), viz.: together with such additions thereto (with the natural increase of all) as may be hereafter lawfully acquired. This authorizes possession, use and sale, but not transportation, and expires years after date. , Commissioner Sec. 7. When any such proprietor shall desire to procure or add to his collection game or flsh belonging to the state, he shall apply to the commissioner, who, if it appear that the sarne is in good faith and proper and reasonable, shall issue a permit to procure the kind and number therein stated, which permit shall be sufficient to authorize the proprietor therein named or his agent appointed in writing, to capture or procure alive at any time of year such game and fish and to keep or dispose of them and their natural increase subject to the provisions of this act, but no permit shall be valid except in the year of its date; pro- vided, that the use of such game or flsh for any other purpose, or the injury or destruction of the same in the effort to capture or otherwise, shall be deemed a violation of this act, unless it is made to appear that the same occurred without the fault or neg- ligence of any person engaged therein; provided, also, that no fee for license or permit shall be charged for any park or lake owned or controlled by a municipality and to which the public is admitted free. Such parks and lakes shall be deemed public. All other parks and lakes licensed under this act shall be deemed private. Sec. 8. The commissioner may also grant a permit to any such proprietor for the exchange of any game or fish in such park or lake for other game or fish suitable for preservation or propagation in this state, with other persons within or without the state. 11 Sec. 9. All permits for capture or exchange shall expire with the year in which issued and shall be substantially in the fol- lowing form. Form 3. STATE OP COLORADO. DEPARTMENT OF GAME AND FISH. Permit Capture or Exchange. No Class A. Denver, 190 This certifies that of Is auth- orized in person or by his agent, authorized in writing, to cap- ture alive at any time of year (or exchange for ) the following game and fish, to wit: , for the purpose of propagation in licensed (park or lake) No This authorizes possession and transportation to the licensed park or lake, but expires with the year of its date. , Commissioner. Sec. 10. Where a private park or lake of class A licensed under the preceding sections contains game quadrupeds or fish belonging to the state, at the date of the license, the commis- sioner shall have the right to demand and receive from the pro- prietor, free of charge, at such park, not more than 10 per cent, of the natural increase of the game quadrupeds therein, for each year thereafter; and not more than 10 per cent, of the fertilized fish eggs stripped from the fish in such lake each year thereafter, and it~^hall be the duty of the proprietor to give reasonable notice to the commisioner of the time when such eggs will be ready for delivery. The commissioner shall secure, at his own expense and whenever he may elect, the game quadrupeds to which he is so entitled, but if he fails to do so before November 1, or fails to provide for the reception of the eggs to which he is entitled, his right thereto for that year shall cease. Sec. 11. If the proprietor of any lake mentioned in the last preceding section shall fail in any year to strip the fish therein, the commissioner shall have the right to do so, the same to be without expense to the proprietor. Sec. 12. All game quadrupeds and fish eggs so obtained by the commissioner from private parks and lakes shall belong to the state, and shall be used or sold by the commissioner for the purpose of stocking other parks, streams or lakes. Sec. 13. No person owning or controlling any reservoir, lake or body of water into which public waters flow and which fur- nishes the water supply in whole or in part to any stream con- taining fish shall divert or lessen such water inflow or supply to an extent detrimental to the fish in such stream, reservoir, lake or body of water. Sec. 14. Except as in this division otherwise provided, all game and fish, with the natural increase thereof, held or confined 12 in any private park or lake of class A, licensed under the preced- ing sections, shall during the existence of the license or any renewal thereof, be deemed the property of the licensee of the same to the extent that he may lawfully retain, pursue, capture, kill, use, sell or dispose of the game and fish therein in any quantity, at any time of year, and in any manner except as pro- hibited in sections 4, 5 and 6 of division B of this act, by con- forming to the conditions and subject to the restrictions in this division prescribed in relation thereto, but not otherwise, and the pursuit, capture, wounding or killing of any game or fish in any licensed park or lake, public or private, without the consent of the proprietor, shall be unlawful; provided, that the aggregate number of game or fish now in or hereafter collected and placed in any private park or lake of class A, which contained any game or fish belonging to the state at the date of the taking of effect of this act shall not be lessened by the killing, use, sale or dis- position thereof, except as provided in the next section, it being the purpose of this proviso to restrict such killing, use, sale and disposition to a number not exceeding in the aggregate the nat- ural increase, and that the right to capture, kill or dispose of birds in any park, shall, except as to pheasants and quails, placed therein by the proprietor, and their natural increase, when taken or killed within such park, be subject to the pro- visions of division B hereof. Sec. 15. If by reason of controlling necessity or for the pur- pose of stocking or replenishing some other park oi' lake, any proprietor of a park or lake of class A may desire to lessen the aggregate number above provided for, the commissioner may, on being satisfied of the propriety thereof, grant a permit therefor. Such permit shall be substantially in the following form: Form 4. STATE OP COLORADO. DEPARTMENT OP GAME AND PISH. Permit to Lessen Number. No.... Class A. Denver, 190.... Being satisfied of the propriety thereof, Mr pro- prietor of , maintained under license No Is hereby permitted to lessen the aggregate number of therein to the extent of This authorizes sale, but not transportation, and expires with the year of its date, Commissioner. Sec. 16. When the proprietor of any licensed park or lake of class A shall sell or dispose of any game or fish as herein pro- vided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by such proprietor or his agent, stating the number of the license and name of such 13 park, or lake, the date of disposition, the kind, and as near as practicable the number and weight of such game or fish, the name and address of the purchaser, consignee or donee. Such invoice shall authorize transportation within this state, posses- sion and use for thirty days after this date, and shall be sub- stantially in the following form: Form 5. STATE OF COI.ORADO. DEPARTMENT OF GAME AND FISH. Private Parks and Lakes— Invoice. Name of Park or Lake Class A. No. of License Date 189.. Kind and number of game and fish, Weight of same, lbs. Name of consignee, Address of consignee, This authorizes transportation within this state, possession and sale for thirty days after date if attached to article. , Proprietor. By , Agent. Sec. 17. Such proprietor or his agent shall at the same time mail, postpaid, a duplicate of such invoice to the commissioner at Denver; provided, that no invoice shall be required in case of fish lawfully taken or killed in such lake during the open season therefor, and within the quantity provided bj' division B hereof, while in the possession of the person capturing or killing the same, during the open season and for five days thereafter. Sec. 18. When any such game or flsh, for which an invoice is required, is to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. Sec. 19. If such game or flsh is held, exposed or offered for sale or sold by the consignee or kept in any storage, hotel, restaurant, cafe or boarding house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. Sec. 20. In case of a sale or disposition of a part of such game or flsh the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the num- ber and kind of game or fish so disposed of and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the game or fish is prepared for consumption, and the same shall have the same force and effect as the original invoice. Sec. 21. Any wilful misstatement in or any omission of a substantial requirement from any invoice or copy thereof, 14 shall render the same void and be deemed a violation of this act, and the possession of such game or flsh shall be un- lawful, and the possession of any game or fish without such invoice or a copy thereof attached thereto when so as above required shall be unlawful. Sec. 22. The proprietor of every private park and lake licensed under the preceding sections shall, whenever re- quired by the commissioner, make and send to the commis- sioner at Denver a report showing as near as practicable the kind, number, age and sex of the game, and the kind and number of the flsh, added and disposed of during the year pre- ceding and on hand at the date of the report. Sec. 23. No grantee or lessee of a bird-shooting privilege at or upon any lake or body of water, nor any grantee or lessee of a fishing privilege in or upon any stream or any part thereof, shall pursue, take, wound or kill any bird at, upon or in such lake, or body of water, or fish in or upon such stream or per- mit the same, until he shall have procured a license therefor from the commissioner, and lakes and streams licensed under this section shall be designated as licensed preserves, but no such license shall be granted for any lake or body of water not wholly on land held by private ownership or under the laws relating to reservoirs or irrigation, nor for any part of a stream not wholly on land held by private ownership, nor shall any such licensee or any other person pursue, take, wound or kill any bird at, upon or in any lake, body of water, nor flsh in or upon any stream licensed under this section, or have in posses- sion or dispose of game or flsh from any preserve otherwise than as provided in division B of this act, nor shall any person shoot or flsh on a licensed preserve without the consent of the licensee. Sec. 24. Licenses under the last preceding section may be obtained as near as may be in the manner provided for obtaining licenses for parks and lakes and shall be substantially in the following form: Form 6. STATE OF COLORADO. DEPARTMENT OF GAME AND FISH. Licensed Preserves. No Denver, 189.. This certifles that (grantee or lessee) of situated on section township range , in county, Colorado, is licensed to (shoot or flsh) thereon or therein and permit others to do so during the open season therefor and in conformity with the law. This does not authorize transportation or sale and expires years after this date. Commissioner. 15 Sec. 25. The rights acquired by the proprietor of a private lake licensed hereunder, and the prohibitions hereof, shall extend to and include all channels connecting a series or group of lakes under one license, and the commissioner may authorize the use of such screens or other appliances as may be necessary to prevent the flsh in a licensed lake of class A from escaping, and it shall be the duty of the proprietor to adopt and use such screens or other appliances as the commissioner may direct to prevent the fish in public waters from entering such lake. Sec. 26. When the owner of a private park or lake has granted or leased to another the right to keep and propagate game or flsh therein, the grantee or lessee shall be deemed the proprietor and entitled to the license. Sec. 27. A series or group of lakes under one proprietorship or lease and situated in reasonable- proximity to each other, may be included in one license, either as a private lake or licensed preserve. Sec. 28. In case of diverse proprietorship the license may be joint if the proprietors so elect, otherwise a separate license shall be required for each interest and the rights thereunder shall be co-extensive with or In proportion to such interest. Sec. 29. There shall be kept posted conspicuously and not more than forty rods apart on the borders of each park and each licensed stream preserve, plain notices not less than one, foot square, stating that the same is private property and ' warning persons against trespassing thereon, and a similar notice shall be posted at or near each cardinal point of the compass on the border of each private lake, and lake preserve. Sec. 30. In case of a transfer of proprietorship or interest in: any park, lake or preserve, the transf-eree shall within thirty! days thereafter procure from the commissioner a transfer of the license endorsed on the back thereof. Sec. 31. In case of parks, lakes and shooting and fishing privileges existing at the taking effect hereof, licenses therefor shall be applied for and the fee paid within three months after such taking effect. . Sec. 32. Licenses for private parks, lakes and preserves may be for two years or ten years, as the applicant may desire, and any license shall be renewed from time to time at request of licensee for a like period as the original, or a two-year license may be surrendered at any time, and one for ten years obtained on payment of the full amount of the fee for the latter. Each renewal shall bear the same number as the original, and be of similar form, with the word "renewal" written on its face. A renewal must be applied for and the fee paid St or before the expiration of the original license or of the previous renewal, otherwise the same fee shall be paid as for an original license. Licenses for public parks and lakes shall be for ten years, and renewed from time to time. 16 DIVISION D. importation — Transportation — Storage — Seizure — Sale Section 1. No game or Hsh shall be brought into this state from any other state or territory except as provided in this division. Sec. 2. Game and lish intended to be used for propagation in or stocking parks or waters within this state may be brought into this state from any other state or territory, and the com- missioner shall issue certificates therefor without charge. Sec. 3. Game or fish Intended for any purpose other than those mentioned in the last preceding section may be brought into this state only from those states and territories the laws of which at the time of such importation do not prohibit the importation and sale therein of game and fish from this state, and game and fish so imported into this state may be held and disposed of only as provided in this division. Sec. 1,. No person shall import, or briny into this state from any other state or territory, and sell, any game or fish of the kind mentioned in this act, until he shall have procured from the com- missioner a license as a game and fish importer, but no such license shall authorize the importation or sale of game, the killing of which is not permitted by the laws of this state. Such license shall be kept constantly and publicly exposed in the office or place of business of the licensee, and shall expire with the calendar year in which issued. Sec. 5. Upon the receipt of imported game or fish the importer shall immediately attach thereto an invoice stating the number and kind of game and fish, the name of the person and place re- ceived from, the date of reception, and the number of the im- porter's license, and sign the same. Sec. 6. In case of a disposition of such game or fi.^h, or any part thereof, the importer shall deliver such invoice, or a true copy thereof, to the purchaser or donee. See. 7. In case the purchaser or donee shall desire to re-dis- pose of the same, or any part thereof, he shall indorse on such in- voice, or on a copy thereof, the name of the purchaser or donee, his own name, and the date of rc-disposition, and deliver the same to the purchaser or donee. Sec. 8. Such invoice or cojrics thereof so made, when kept at- tached to stich game or fish, shall authorise the possession, sale, storage, transportation and use of the same within this state at any time during the year of the date thereof. S'ec. 9. All game and fish seized under this act shall, without unnecessary delay, be sold by the officer seizing the same, or by the commissioner, except when a sale is impracticable or is likely to incur expenses exceeding the proceeds, in which case the same shall be donated to any needy person not concerned in the unlawful killing or possession thereof. Possession by vir- tue of such sale or donation shall not be unlawful. The pro- 17 ceeds thereof, after deducting the costs of seizure and sale, shall, if made by the commissoner or any warden, be paid into the state treasury, but if made by a sheriff or constable shall be paid, one-half to the commissioner and one-half into the treasury of the county where the seizure was made. Sec. 10. In case of such seizure and disposition the ofHcer making the same shall sign and give to each purchaser or donee an invoice stating the time and place of disposition, the kind, quantity and weight, as near as may be, of the game or fish disposed of and the name of the purchaser or donee. Such invoice shall authorize possession, transportation within this state, storage and sale for thirty days after date and shall be substantially in the following form: Form 10. STATE OP COLORADO. DEPARTMENT OF GAME AND FISH. Officer's Invoice. 100... Disposed of by me this day to , the following game and fish, to wit: Kind ; number ; weight, ; the same ha^ang been seized and disposed of by me under the provisions of the game law. This authorizes possession, storage, transportation within this state, and sale. Void after thirty days from date. (Title of Officer.) Sec. 11. When any person lawfully in possession of game or fish shall desire to transport the same within this state, the transportation of which is not herein otherwise provided for, or out of this state, the commissioner may, upon being satisfied that the possession and transportation is not in violation of the spirit of this act, grant a permit therefor, and thereafter during the period of ten days after its date, such transportation shall be lawful between the points therein named. Such permit shall be substantially in the following form: Form 11. STATE OF COLORADO. DEPARTMENT OF GAME AND FISH. Transportation Permit. No. . . . Denver 190. . . . This certifies that Mr is entitled to trans- port from Colorado, to the following game and fish, to wit : 18 This authorizes possession and transportation between the points named herein only, but not sale or storage. Void after ten days from date. Commissioner. Sec. 12. No railroad company, express company, stage com- pany or other public carrier, messenger, baggage man, or person in charge of any public conveyance, nor any agent thereof, shall receive or store for transportation, or transport into, or within, this state any game or fish except as follows, namely: (1) When there is attached thereto a proper and valid cer- tificate or permit signed by the commissioner or having a fac simile of his signature thereon and on its face authorizing trans- portation of the article named therein, and during the period therein stated. (2) At any time of year when the same is shipped from a pri- vate park or lake and has attached thereto a proper and valid invoice as required in division C of this act. (3) At any time of year when the same is in charge of the commissioner, or some person acting for him and under his writ- ten authority, or an offlcer having seized the same under the provisions of this act, or a game or flsh commissioner or warden of the United States or some other state, territory or foreign country. (4) At any time of year when the same has been seized and sold by an ofRcer and has attached thereto an invoice as pro- vided in this division, and for thirty days after the date of such invoice. (5) When there is attached thereto a proper and valid im- porter's invoice, authorizing transportation of the article therein named and during the period therein stated. (6) At any time of year when the same are small fry or flsh eggs for stocking purposes. (7) At any time of year when the same is being transported from some other state or territory into this state in conformity with section 2 or 3 of this division. (S) During the open season therefor and for five days there- after when presented for shipment in lawful number or quantity. Each shipment if a deer must have attached thereto a hunting license coupon. See section 9, division G. If birds or fish must have attached a domestic certificate. See section 2, division K. Sec. 13. Game or flsh may be transported out of this state only when accompanied by a permit from the commissioner au- thorizing the same, as provided in section 11 of this division, or when being transported from some other state or territory where taken or killed, through this state to some other state or ter- ritory. Sec. 14. Whenever any game or fish is presented for trans- portation or transported in a box, barrel, package or other cov- ering so the game or fish is not plainly visible, the consignor shall put on the outside of such covering a plain mark or label 19 Indicating the true contents, and the proper invoice, certificate, or permit, wlien one is required, shall be attached to the outside of the covering'. Sec. 15. Nothing herein shall make such carrier liable for transportation of game or flsh when the same is transported without charge or way bill and in the possession of a passenger; but such fact shall not exempt the same from seizure, if unlaw- fully taken, killed, held in possession, or transported. Sec. 16. Any person having the lawful possession of game or fish killed within this state, may, upon proof of such fact, have issued to him by the commissioner, a storage permit, which shall authorize storage, possession and use of the same not longer than ninety days next ensuing the open season therefor. Such permit shall be substantially in the following form: Form 12. STATE OP COLORADO. DEPARTMENT OP GAME AND PISH. Storage Permit. No. . . . Denver 190. . . . Mr residing at being in the lawful possession of killed within this state, is entitled to have the same kept in storage until next. This authorizes storage, possession and personal use until the date last mentioned above, but not transportation or sale. , Commissioner. Sec. 16a. No game or flsh shall be received for or held in storage except as follows, namely: (1) During the open season therefor and for five days there- after when the same is stored for the person lawfully in posses- sion of the same. If a deer, a hunting license coupon must be attached. See section 9, division G. If birds or fish a domestic certificate must be attached. See section 2, division K. (2) At any time of the year when there is attached thereto a proper and valid invoice as provided in division C hereof, relat- ing to parks and lakes. (3) At any time of year when there is attached thereto a proper and valid importer's invoice as provided in this division, and during the life thereof. (4) At any. time of year when there is attached thereto a proper and valid officer's invoice as provide'd in this division relating to the seizure and sale of game and fish, but storage under this sub-division shall not continue for more than thirty days after the date of such invoice. (5) When there is attached thereto a proper and valid cer- tificate or permit signed by the commissioner and on its face 20 authorizing storage of tlie article named therein, and during tlie period therein stated. Sec. 17. No certificate, invoice or permit shall be of any va- lidity unless the same is kept constantly and publicly exposed viith, or attached in plain sight to, the article to which it re- lates, or to the covering of the same when covered, except as in this act otherwise expressly provided. DIVISION E. Hotels and Restaurants. Section 1. No game or fish shall be held in possession in or placed upon the table of any hotel, restaurant, cafe or boarding house, or named on its menu or bill of fare as food for its pa- trons, either under the name used in this act or under any other name or guise whatever except as follows, namely: (1) At any time of year when the same has been sold and is held in possession in accordance with the provisions of division D of this act, relating to the seizure and sale by an officer of game or fish killed or held in violation of this act. (2) At any time of year, when the same has been furnished from a private park or lake of class A licensed under this act and sold, shipped and held in possession in accordance with the provisions of division C of this act relating to private parks and lakes, but this subdivision shall not apply to licensed preserves. (3) At any time of year when the same has been lawfully im- ported into this state and sold and held In possession in accord- ance with the provisions of division D of this act, relating to the sale of imijorted game and fish. (4) During the open season and for five days thereafter, or during the life of a storage permit thereto attached, at the re- quest of the person lawfully in possession of the same, and for the personal use of such person or his invited guests. Sec. 2. The naming of game or fish upon any such menu as food for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe or boarding house. Sec. 3. All permits, invoices and copies of invoices received under this division shall be preserved by the proprietor for at least thirty days after the consumption of the game or fish therein described (unless sooner called for by the commissioner) and shall be delivered to the commissioner on demand therefor within such time. DIVISION F. Unlawful Devices — Destruction of the Same — Diversion and Pollution of Waters. Section 1. Except as in this act otherwise permitted, no per- son shall use in the pursuit, taking, wounding or killing of game and fish any dog, net, seii;ie, trap, snag hook, trot line, artificial lights or device whatever. Sec. 2. Every net, seine, trap, explosive, poisonous or stupe- fying substance or device used or intended for use in taking or killing game or fish in violation of this act, and set, kept or found in or upon anj^ of the waters in this state or upon the shores thereof, and every trap, device or deadfall found baited in viola- tion of this act, is hereby declared to be a public nuisance and may be abated and summarily destroyed by any person, and it shall be the duty of every officer authorized to enforce this act to seize and summarily destroy the same, and no prosecution or suit shall be maintained for such destruction; provided, that nothing in this division shall be construed as affecting the right of the commissioner to use such means as may be proper for the promotion of game and fish propagation and culture, nor as authorizing the seizure or destruction of firearms. Sec. 3. Except as otherwise provided in this act, every dam or other artificial obstruction in the public waters containing food fish which interferes with the free passage of fish, and not pro- vided with a sufficient fishway for the free passage of fish up and down the same, shall have such fish way constructed therein within six months after the taking effect of this act, and no such dam or artificial obstruction shall hereafter be constructed, placed or maintained in such waters without such fish way, except as hereinafter provided, but this section shall not apply to a point in a stream at which the whole volume of water is taken out and lawfully applied without unnecessary waste to a beneficial use. Sec. 4. No dam or other obstruction to the free passage of fish shall hereafter be commenced, constructed or placed in any public stream containing fish, until the person proposing to do so shall first give written notice to the commissioner of such inten- tion, together with a statement of the name and location of such stream, the proposed location, size and purpose of such dam or obstruction, and thereafter comply v/ith the reasonable direc- tions of the commissioner in relation to the construction and maintenance of a fish way therein. The expense of construction and maintenance of such fish way shall be borne by the person erecting such dam or obstruction. Sec. 5. Every fish way shall be constructed, maintained and repaired at the expense of the owner and operator of such dam or obstruction, and in the event of failure or neglect to comply with any reasonable directions given by the commissioner he ^^ Tna.y cause such construction, maintenance and repair to be made and the expense thereof recovered from such owner or operator 22 in a civil action witli a penalty of ten dollars for each and every day of such failure or neglect, and from the time such construc- tion or repair is commenced the expense thereof and the penalty aforesaid shall be a lien upon such dam or obstruction and the premises connected therewith, until the completion thereof and payment of the expense and penalty incurred. Sec. 6. In case of a dispute between the commissioner and any owner or operator as to the necessity, character, mainte- nance or repair of any fish way, the same may be judicially determined as herein provided in relation to alleged obstruction and pollution. Sec. 7. No sawdust, tailings or other deleterious or poison- ous substance shall be allowed to run or pass into or pollute any public waters containing fish, or deposited or left where it may be carried by natural causes into such waters, in such quantities as to destroy or be detrimental to the fish or spawn therein, except as hereinafter provided. Sec. 8. Every dam or other artificial obstruction, every placer mine, mill, reduction plant or other industrial enterprise, con- structed, maintained or operated In violation of this act, is hereby declared unlawful and a continuing public nuisance and the same may be enjoined or abated or its objectionable features modified as hereinafter provided, and the person constructing, maintaining or operating the same punished as for a violation of this act, and every day the same is so maintained or operated shall be deemed a separate offense. Sec. 9. Whenever any such obstruction or pollution is alleged to exist, the commissioner, any citizen of the state or the owner or operator of such obstruction or industry, may file a petition in the district court of the county in which the obstruction or pollution is alleged to exist or originate, or into which any of the polluted water flows, for the purpose of having an equitable determination of the fact, nature and extent of such alleged obstruction or pollution and the remedy to be applied, if any, and a temporary injunction may issue upon notice if the fact of obstruction or pollution be evident and the necessity urgent, issues shall be made up as in other civil actions. Sec. 10. The action may be brought by the commissioner or a citizen of the state in the name of the people of thg state on the relation of such person, but no such action shall be brought by a citizen without the consent of the commissioner, the attor- ney general or the district attorney of the district. In case an injunction is issued or an appeal taken on behalf of the people, no bond shall be required. The relator shall not be responsible for costs, but the same shall be paid by the state if it be defeated, or the commissioner may pay the same from any funds provided for the enforcement of the game and flsh laws. Sec. 11. If the action is brought by the owner or operator, the people of the state shall be made defendants, and service of the summons shall be made upon the commissioner, and a 23 cross-petition may be filed with the same effect as an original petition. Sec. 12. It shall the duty of the district attorney of the district where any such action is brought, or to which it may go at any time, to appear on behalf of the people of the state, and conduct the same under the direction of the commissioner. If the district attorney shall fail or neglect to prosecute or defend such action to the satisfaction of the commissioner, it shall be the duty of the attorney general to appear and prose- cute or defend for the people, or the commissioner may em- ploy special counsel. Sec. 13. On final hearing the court shall, without the inteT- vention of a jury, determine if such obstruction or pollution exists, and if so, the cause, nature and extent thereof, the in- jurious effect, if any, upon the fish and their propagation, the means adopted, if any, by such owner or operator to obviate or prevent the same, the practicability or otherwise of more efficient means to prevent injury therefrom, and any other facts necessary to form an intelligent judgment of the public neces- sity and importance of the industry concerned as compared with the like necessity and importance of such waters as a source of fish supply if unaffected thereby, and having due regard to the public welfare and such constitutional and legal rights as may exist, may order the adoption by the owner or operator of such means as may be reasonable and practicable, to pre- vent or lessen the injurious effect of the same, or may abate the obstruction or perpetually enjoin the operations which cause the injury, or render such other judgment as the right of the case may require. In determining the questions aforesaid the court shall not be precluded from considering the other bene- ficial uses to which such waters are or may be applied. Sec. 14. The final judgment and decree of the court until re- versed or modified, and of the supreme court on final hearing, shall be a final determination of the rights of the parties there- to, under the facts existing and found by the court, and when complied with by the owner or operator, or if the judgment shall be in his favor, shall be a bar to any criminal prosecu- tion for the same or similar acts unless the cause, extent or nature of the injury be thereafter changed so as to affect the fish supply more injuriously. Sec. 15. In the event of a change in the cause, extent or na- ture of such injury, either increasing or diminishing the effect thereof, either party may at any time thereafter file a supple- mental petition in the district court where the cause was tried, and have such increased or diminished effect determined and the judgment modified accordingl3^ but the facts originally found shall not be retried upon such supplemental petition, nor shall the original judgment, whether finally rendered in such court or the supreme court, be modified or changed except as re- quired by such changed conditions. 24 Sec. 16. Nothing hei-ein shall prevent the granting of a new trial as provided by law. Sec. 17. Appeal or writ of error in such action shall lie to or from the supreme court only, and all the evidence offered or introduced shall be reduced to writing and preserved, and in the event of an appeal the supreme court shall try and de- termine the case de novo on such evidence; provided, that if the evidence or the findings of the court below on any essen- tial fact be not satisfactory, the supreme court may remand the same for retrial. Sec. IS. In case an order is made, before final judgment, granting, modifying or refusing an injunction, an ai>peal from or writ of error to such order may be taken without wait- ing for final judgment. Sec. 19. Nothing in this division shall prevent the enforce- ment of this act by criminal prosecution in the absence of the equitable proceeding herein provided for, or during the pendency of the same, unless the court in which such equitable pro- ceeding is pending shall for good cause shown, restrain such criminal prosecution, which it may do, nor shall anything in this division affect any existing right for the prevention or redress of private injuries or wrongs. cross-petition may be filed witli the same effect as an original petition. Sec. 12. It shall the duty of the district attorney of the district where any such action is brought, or to which it may go at any time, to appear on behalf of the people of the state, and conduct the same under the direction of the commissioner. If the district attorney shall fail or neglect to prosecute or defend such action to the satisfaction of the commissioner, it shall be the duty of the attorney general to appear and prose- cute or defend for the people, or the commissioner may em- ploy special counsel. Sec. 13. On final hearing the court shall, without the inteT- vention of a. jury, determine if such obstruction or pollution exists, and if so, the cause, nature and extent thereof, the in- jurious effect, if any, upon the fish and their propagation, the means adopted, if any, by such owner or operator to obviate or prevent the same, the practicability or otherwise of more efficient means to prevent injury therefrom, and any other facts necessary to form an intelligent judgment of the public neces- sity and importance of the industry concerned as compared with the like necessity and importance of such waters as a source of fish supply if unaffected thereby, and having due regard to the public welfare and such constitutional and legal rights as may exist, may order the adoption by the owner or operator of such means as may be reasonable and practicable, to pre- vent or lessen the injurious effect of the same, or may abate the obstruction or perpetually enjoin the operations which cause the injury, or render such other judgment as the right of the case may require. In determining the questions aforesaid the court shall not be precluded from considering the other bene- ficial uses to which such waters are or may be applied. Sec. 14. The final judgment and decree of the court until re- versed or modified, and of the supreme court on final hearing, shall be a final determination of the rights of the parties there- to, under the facts existing and found by the court, and when complied with by the owner or operator, or if the judgment shall be in his favor, shall be a bar to any criminal prosecu- tion for the same or similar acts unless the cause, extent or nature of the injury be thereafter changed so as to affect the fish supply more injuriously. Sec. 15. In the event of a change in the cause, extent or na- ture of such injury, either increasing or diminishing the effect thereof, either party may at any time thereafter file a supple- mental petition in the district court where the cause was tried, and have such increased or diminished effect determined and the judgment modified accordinglj^ but the facts originally found shall not be retried upon such sui^plemental petition, nor shall the original judgment, whether finally rendered in such court or the supreme court, be modified or changed except as re- quired by such changed conditionp. 24 Sec. 16. Nothing herein shall prevent the granting of a new trial as provided by law. Sec. 17. Appeal or writ of error in such action shall lie to or from the supreme court only, and all the evidence offered or introduced shall be reduced to writing and preserved, and in the event of an appeal the supreme court shall try and de- termine the case de novo on such evidence; provided, that if the evidence or the findings of the court below on any essen- tial fact be not satisfactory, the supreme court may remand the same for retrial. Sec. 18. In case an order is made, before final judgment, granting, modifying or refusing an injunction, an appeal from or writ of error to such order may be taken without wait- ing for final judgment. Sec. 19. Nothing in this division shall prevent the enforce- ment of this act by criminal prosecution in the absence of the equitable proceeding herein provided for, or during the pendency of the same, unless the court in which such equitable pro- ceeding is pending shall for good cause shown, restrain such criminal prosecution, which it may do, nor shall anything in this division affect any existing right for the prevention or redress of private injuries or wrongs. Sec. 13. No person shall procure or use more than one coupon of the same number, nor procure or use more than one license in any one year, nor use any coupon after it has been once used, and a violation of this section shall render all such licenses and coupons void. Sec. 14. Every person hunting or shooting in any licensed park or preserve must have a hunting license, as provided in this division, but where game is lawfully killed in a licensed park and an invoice is attached thereto, as provided in Division C of said act, no coupon from such license need be attached. DIVISION H. Guide Licenses. Section 1. No person shall directly or indirectly engage or act as guide, as the term is commonly understood, for any person or party engaged in hunting protected game, without having satisfied the commissioner of his reliability and competency and procured from the commissioner a license therefor and having the same in his possession while so acting. Sec. 2. Every guide licensed under this act shall, by virtue of such license, be entitled to act as a deputy warden, without pay, and when commissioned as such, shall have all the powers of a deputy warden, as provided in said act, and if he shall violate, or connive or assist in any violation of this act, his license and commission may be revoked by the commissioner, and he shall be disqualified to act as a guide during that year, and also be liable to punishment as for a violation of this said act. Sec. 3. Every guide shall, as often as requested and on blanks furnished by the commissioner, report under oath' to the com- missioner the names and number of persons guided by him, the number of days he has been so employed, and, as near as prac- ticable, the number of game and flsh taken or killed by such persons and himself, and such other information as the com- missioner may deem desirable. The fee for a guide license shall be in addition to the fee required for a hunting license, and every guide shall procure a state hunting license and have the same in his possession while acting as a guide. All such licenses shall expire with the calendar year in which issued. 28 DIVISION J. Taxidermists — Scientific Societies — Mounted Specimens. Section 1. No person shall engage in taxidermy for hire until he shall have procured a license therefor. Licenses under the section for taxidermists engaged in busi- ness at the taking effect of this act must be procured within three months after such taking effect. Sec. 2. The word "specimen" as herein used means the head, horns, feet and hide, or either one or all of them, mounted or dressed, or unmounted or undressed, of a game quadruped pro- tected by law, and no such specimen shall be brought into this state by any person, except as provided in said act, nor shall any such specimen, either domestic or brought from any other state, territory or foreign country, be mounted, dressed, trans- ported or held in possession in this state by any person, except as provided in this division, nor shall any such specimen be sold unless the same was lawfully imported or killed prior to the taking effect of this act, and the evidence thereof attached thereto, as herein provided. Sec. 3. It shall be the duty of the commissioner as soon as may be after the taking effect of this act to examine, or cause to be examined, all specimens of protected game quadrupeds in the possession of taxidermists, and to furnish and have a tag affixed, without charge, to each specimen which appears to be lawfully held, and it shall be the duty of every person to afford an opportunity for and permit such examinations and tagging without hindrance. Sec. 4. If any specimen has been lawfully imported by, or was lawfully owned by and in the possession of a taxidermist prior to the passage of this act, the commissioner shall, upon satis- factory proof of. such fact, affix thereto, without charge, a tag showing the same, or any taxidermist or other person desiring to import any specimen, shall apply to the commissioner who, if such importation appears to be proper, shall issue a certificate therefor, and such specimen may be lawfully held or sold so long as the evidence thereof remains attached thereto. Sec. 5. The commissioner may, upon the written request of the Governor, issue to any representative of, or person desig- ■ nated by, a reputable and duly incorporated society of natural history or science, a permit to collect for scientific purposes only, at any time of the year, any of the game and fish pro- tected by law, upon the applicant being recommended by two well-knowi* scientific men and executing to the state a bond in the sum of $1,000, with acceptable sureties. Such perrnit shall authorize the person therein named to take or kill within the state and deliver to such society such game and flsh, and the same, when so lawfully procured, may be thereafter mounted or dressed and held in possession; but nothing herein shall authorize the procurement of game or fish taken or killed unlaw- 29 fully, or exempt a person unlawfully taking or killing- the same from the penalties therefor. In case any game or fish procured under this section shall not be appropriated to scientific purposes, the bond aforesaid shall be forfeited to the state and the permit become void. All persons acting- under a permit as aforesaid shall be re- quired to have a hunting license for the same purpose. Sec. 6. Any person other than a taxidermist, in lawful pos- session of any specimen, and desiring to perpetuate the evidence of the legality of his possession, may apply to the commissioner, and upon it being so made to appear, the commissioner shall issue to him a certificate to that effect. Sec. 7. The conditions under which specimens referred to in this division may be dressed, mounted, held in possession or transported within this state, are as follows, namelj': 1. When there is attached thereto a hunting license coupon, as provided in this act. 2. When there is attached thereto a scientific permit, as provided in this act. 3. When there is attached thereto a certificate, permit, tag or invoice, as provided in this act, or in the act to. which this is amendatory. Sec. S. In case it is desired that the head, horns, feet or hide shall be separated the commissioner may issue, without charge, a duplicate coupon or tag for one or more of the parts, describing the same. The alteration of any certificate, permit, tag or invoice, or its use on any other specimen than the one for which it was issued shall render it void. Sec. 9. Nothing in this division shall be deemed applicable to living game. 30 DIVISION K. Domestic Certificates — General Provisions. Section 1. Every person lawfully taking any domestic game or fish shall without delay attach thereto a certificate signed by him and stating the kind, number, and when and where the same were taken, and in case the same, or any part thereof, shall be donated to another, shall indorse such fact on the cer- tificate, or on a copy of the same, and sign it. Such certificate (or copy indorsed when reqviired) shall be deemed prima facie evidence of lawful possession, and authority to transport and store the same within the state during the open season and for five days thereafter; and the possession, transportation or stor- age of such game or fish without such certificate (or copy in- dorsed when required) attached thereto shall be unlawful. •Provided, That this section shall not apply to game or fish having attached thereto a proper hunting license coupon, or an invoice from a private park or private lake. Blank certificates in the form of tages for this purpose may be furnished by the commissioner at cost. Sec. 2. Such certificate shall be substantially in the follow- ing form: Form 13. STATE OF COLORADO. DEPARTMENT OF GAME AND FISH. Domestic Certificate. I hereby certify that the to which this certificate is attached, lavifully taken by me in county, Colorado, on the day of 190.... (Signed) Sec. 3. The commissioner or any warden, if he so elect, or any other officer charged with the enforcement of the laws re- lating to game and fish, if so directed by the commissioner, may bring a civil action in the name of the state against any person imlawfully wounding or killing or unlawfully in possession of any game quadruped, bird or fish, and recover judgment for each such animal the following minimum sums as damages for the taking, killing or injury thereof, to wit: For each elk $ 200 00 For each deer 50 00 For each antelope 100 00 For each mountain sheep 200 00 For each buffalo or bison 1,000 00 For each beaver 25 00 For each bird 10 00 For each fish 100 31 No verdict or judgment recovered by the state in such action shall be for a less sum than hereinbefore fixed, but may be for sucli greater sum as the evidence may show the value of the animal to have been when living and uninjured. Such action for damages may be joined with the action for possession now provided in said act, and recovery had for the possession and also the damages as aforesaid. All moneys collected under this section shall be immediately paid over by the justice or clerk of the court collecting the same as follows: One-third into the treasury of the county where the offense was committeed, one-third to the flsh and game fund, and one-third to the person instituting the action; Provided, That if the person instituting the action shall fail for ten days after such ccillection and due notice thereof to demand the portion to which he is entitled, [the] same shall be paid to the fish and game fund, and the right of such person thereunder shall be deemed for- feited. The commissioner, any warden or officer instituting a prosecution shall be entitled to a share in the fine [sum] col- lected the same as any other person and [it] shall be a personal perquisite for which he need not account. Neither the pendency nor determination of such action, nor payment of such judgment, nor the pendency nor determination of a criminal prosecution for the same taking, wounding, killing or possession shall be a bar to the other, nor affect the right of seizure under any other provision of the laws relating to game and flsh. Sec. 4. No fine, penalty or judgment assessed or rendered under this act, or the act to which it is amendatory, shall be suspended, reduced or remitted otherwise J;han as expressly provided by law. Sec. 5. It shall be the duty of the commissioner, and he shall have authority to prescribe and (prepare, all the forms and blanks required by this act. He shall also prescribe and prepare forms and blanks for applications for all licenses, certificates and permits, and no license, certificate or permit shall be issued except upon an application sworn to by or on behalf of the applicant, stating his age, place of residence and such other particulars as will identify the person to whom the license, certificate or permit is to be issued, and any false statement in any application shall render the license or permit issued thereon void. Sec. 6. Immediately upon the passage of this act, and every two years thereafter, the commissioner shall revise and publish in pamphlet form, for general distribution, the laws and regu- lations iiT force relating to game and flsh. at a cost not ex- ceeding $300 biennially, and the same shall be prima facie evi- dence and shall be taken as such in all courts of this state of the existence of such laws, rules and regulations. 32 DIVISION L. Penalties — Prosecutions — Fines. Section 1. Kvery attempt to violate any provision of this act shall be punishable to the same extent as an actual violation thereof, and any such attempt or violation by an agent, clerk, officer or employee, while acting for a corporation, shall render such corporation liable also, and an accessory may in all cases be prosecuted and punished as a principal. Sec. 2. The failure by any person or officer to perform any act, duty or obligation enjoined upon him by this act shall be deemed a violation thereof. Sec. 3. Every person using dynamite or other explosive, or any poisonous or stupefying substance, or pursuing, taking, wounding, killing or having in possession any bison or buffalo, in violation of this act, shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment in the pen- itentiary not less than six months nor more than two years, or by both such fine and imprisonment. Sec. 4. Every person or officer violating any of the provisions of this act, otherwise than as contemplated in section 3 of this division, shall be guilty of a misdemeanor and be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment. Sec. 5. Every person convicted and fined under this act shall be imprisoned until the fine and costs are paid, and shall not be discharged therefrom on account of his inability to pay the same until he shall have been actually imprisoned one day for each $5 of the fine. Sec. 6. Prosecutions under this act may be commenced either by indictment, complaint or information, and district and county courts and justices of the peace in their respective counties shall have concurrent original jurisdiction of all offenses under this act, except those contemplated in section 3 of this division, of which justices of the peace shall not have jurisdiction other- wise than as committing magistrates. Sec. 7. The accused shall be entitled to a jury as in other criminal cases, and an appeal shall lie from a justice of the peace as in cases of assault and battery. Appeals from and writs of error to the district and county courts shall lie as in other criminal cases. Sec. 8. It shall be the duty of each district attorney to pros- ecute all violations of this act, occurring within his district, that may come to his knowledge, or when so requested by the commissioner or any officer charged with its enforcement, the same at all times to be subject to the supervision and control of the commissioner. Sec. 9. In any prosecution under this act, any participant in a violation thereof, when so requested by the district attorney, 33 commissioner, warden or otlier officer instituting tlie prosecu- tion, may testify as a witness against any other person charged witli violating the same, and his evidence so given shall not be used against him in any prosecution for such violation. Sec. 10. All moneys collected for fines under this act shall be immediately paid over by the justice or clerk collecting the same, as follows: One-third into the treasury of the county where the offense was committed, one-third to the commissioner, and one-third to the person instituting the prosecution. Pro- vided, that if tlie person instituting the prosecution shall fail for ten days after such collection and due notice thereof, to demand the portion to which he is entitled, the same shall be paid to the commissioner and the right of such person there- under shall be deemed forfeited. The commissioner, any warden or officer instituting a prose- cution shall be entitled to a share in the fines collected the same as any otlier person, and it shall be a personal perquisite for which he need not account. Sec. 11. It shall be the duty of every justice of the peace and clerk of a court before whom any prosecution under this act 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, and the disposition thereof to the commissioner at Denver. 34 DIVISION M. Records — Reports — Fees — Repeal — Taking Effect. Section ]. The commissioner shall keep a record of all moneys received and of all licenses, certificates, permits and tags issued by him, numbering- each class separately, and in case of the loss of any one of thern before its expiration by use, or lapse of time, and upon being satisfied of the good faith of the applicant, shall issue a duplicate thereof bearing the same date and number as the original. On the face of such duplicate he shall endorse the following: "Duplicate, ori- ginal lost," and such duplicate shall have the same force and effect as the original, and he shall collect therefor the same fee as for the original, but not exceeding the sum of 10 in any case. Sec. 2. The commissioner shall charge and collect the fol- lowing fees: For each permit to take salmon, etc $ 100 " " for storage 100 " certificate of importation 1 00 " scientific permit, domestic society 103 " scientific permit, foreign societj' 50 OO ' ' permit to capture or exchange 1 00 " permit to lessen game or fish in park or lake 1 00 " quadruped park, two-year license 40 00 renewal of same 30 00 ~ " quadruped park, ten-year license 100 00 renewal of same 75 00 " bird park, two-year license 10 00 renewal of same S 00 " bird park, ten-year license 25 00 " renewal of same 20 00 lake, two year license for first lake 10 00 renewal of same 8 00 " lake, two-year license for each additional lake — 5 00 " renewal of same, each additional lake 3 00 lake, ten-year license for first lake 25 00 " renewal of same 15 00 " lake, ten year license each additional lake 10 00 renewal of same, each additional lake 5 00 " preserve, two-year license 10 00 " renewal of same 8 00 " preserve, ten-j'ear license 25 00 " renewal of same 15 00 " transfer of any license 100 " permit for transportation out of the state— for each elk 10 00 for each deer 5 00 for each antelope 5 00 for each lot of fish 2 00 35 For each non-resident general hunting license Z5 00 non-resident bird hunting license for one day 2 00 " additional day 1 00 " state hunting license 1 00 " guide license 5 00 " taxidermist license, one year 25 00 importer's license 50 00 Sec. 3. The commissioner shall procure and keep on hand a supply of all blanks required for use under this act, and imme- diately upon the taking effect thereof shall furnish to the pro- prietors of licensed parks and lakes, and to importers and ven- dors entitled under this act to import and sell foreign or domes- tic game and flsh, such blank invoices as they may require, at a price not exceeding 25 per cent, advance on their cost. Sec. 4. When an arrest for a violation of this act is made by a sheriff or constable, the usual fees in a case of misdemeanor shall be taxed in his favor, and if not collected from the defend- ant, or if the defendant is acquitted, shall be paid by the county; and the necessary and ordinary fees and expenses of every posse lawfully summoned and engaged in the enforcement of this act shall be taxed as a part of the costs, and if not collected from some person liable therefor, shall be paid out of the state treas- ury in the same manner as is provided for the payment of the expenses of the commissioner. Sec. 5. When an arrest for a violation of this act is made by the commissioner, or a warden, and the defendant is convicted, there shall be taxed as costs in facor of the ofHcer making the arrest the same fees as a constable is entitled to in a case of misdemeanor, and, if collected from the defendant, shall be paid over to such officer and shall be a personal perquisite for which he need not account, but no such fees shall be allowed in case of acquittal, nor shall the county or state be liable for such fees in any event. Sec. 6. In case of a seizure and sale of game or fish taken or held in violation of this act, the ofHcer making the same shall be entitled to the mileage allowed to a constable for serving a writ of replevin, and the reasonable cost of transporting the game or fish to the place of sale, and $3 per day for each day actually and necessarily spent in making the sale, which sums he may deduct from the proceeds of sale, but in no event shall the county or state be liable for any deficiency, and such fees when earned by the commissioner or a warden shall be a personal perquisite for which he need not account, but when such fees are collected from the proceeds of sale no other .expenses shall be allowed any ofHcer on account of the seizure, transportation or sale. S'ec. 7. In all cases the officer making a seizure or sale shall, within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and 36 fees and the disposition tliereof, and pay the remainder of the proceeds, if any, to the commissioner. Sec. 8. Every warden shall, in the month of December of each year, and at such other times as the commissioner may require, report to the commissioner as to all violations of and prosecu- tions under this act occurring in his district, together with such other information as the coiTimissioner may require. Sec. 9. All acts and parts of acts in conflict with this act are hereby repealed, but such repeal shall not affect or abate any prosecution now pending or hereafter brought for any offense committed prior to the taking effect of this act, but the same may be prosecuted and punished as in said acts provided. iS'ec. 10. The words "said act," ivJiercver used herein, re- fer to the act to ivhich this is amendatory, and the penal pro- visions of said act shall be applicaMe to this act the same as if this act had hcen incorporated therein and passed as a part thereof, end all acts or parts of acts inconsistent with this act are hereby repealed. INDEX Application for licenses, etc 32 Application for licenses, etc., must be sworn to 32 Appointment of commissioner 1 Appointment and salary of clerk 2 Appointment of game wardens 2 Authority of commissioner 3 Authority of sheriffs and constables 3 Baiting traps 7 Bond of commissioner 1 Bond of warden 2 Blanks from commissioner 36 Civil actions for game 4, 31 Corporations, how arrested 5 Commissions revoked 6 Coupon attached to deer 27 Dams and fishways 22 Domestic certificate 31 Department of game and fish 12, 31 Diversion of water 12 District attorney prosecute 24, 33 Domestic game and fish 31 Dynamiting fish 7 Fines, how disposed of 32 Fines not remitted or suspended 32 Fees 35 Fish killed, when taken 7 General regulations, open seasons, number, quantity 7 Game and fish, how shipped 14 39 Game and flsh, how imported 17 Game and fish seized and sold 18 Guide license 28 Hotels and restaurants 21 Hotels must retain invoice 21 Hunting license 26 Hunting license must be produced 27 Indians violating law 4 Invoice, parks and lakes 13 Importation — transportation— storage— seizure— sale 17 Importation license 17 Importation invoice 17 Injunction, issued when '2'i Imported game and flsh 17 Jurisdiction of violations 23 License, when revoked 6 Lakes licensed 10 Licenses, when renewed 16 Moneys, how disposed of 2 Maintenance of flshway s 22 Notices at parks, lakes, preserves 16 Ownership of game and flsh 4 Open seasons 7 Officers invoice IS Obstruction of waters 22 Possession prima facie evidence 5 Prohibited territory 7 Permit for seining 9 Permit for salmon, suckers, carp and squaw flsh 9 Public and private parks 10 Parks licensed 10 Permit capture or exchange 12 Permit to lessen number 13 Private parks and lakes— in voice 14 Preserves licensed 15 Permit for transportation 18 Packages labeled 19 Penalties, prosecutions, fines 33 Prosecution, how commenced 33 Private parks, lakes and preserves 10, 15 Replevin of flsh and game 4 Records, reports, fees, repeal, taking effect 35 40 Repeal of acts 37 Salary of wardens 2 Salary of superintendent 2 Salary, how paid 2 Scientific permit 29 Seizure and search 3 Setting fires 4 Sex evidence, preserved 7 Stocking parks, preserves 11 Special counsel employed 24 Specimen imported 29 Seizures,, certificate 18 Tag duplicate issued 30 Taxidermist license 29 Unlawful devices 22 Young animals retained 5 Words construed 4 When game and fish may be sold 14 When seized game and fish may be sold IS When imported game and fish may be sold 17 LIBRARY OF CONGRESS 001 259 354 5^