le and Fish Laws of Alabama In Force August 31st 1909 JOHN H. WALLACE. Jr. State Game and Fish Commissioner Montgromery, Alabama BROWN PTC!. CO. MONTGOMERY. AL*. .1 ' —1909— Game and Fish Laws of the State of Alabama N FORGE AUGUST 31, 1909 Issued by the Department ot Game and Fish JOHN H. WALLACE. Jr. State Game and Fish Commissioner s^' A/' T^HE Department of Game and Fish invokes tlie vigilance, and assistance of all g*ood citizens in se- curing^ the enforcement of the Game and Fish Laws, Reports of violations will be appreciated, and in no instance will the name of the informant be disclosed without special permis- sion. CHAPTER 20 POLITICAL CODE 1907 P. 422. Section. 656. Department of game and fish estab- lished AND COMMISSIONER PROVIDED FOR. 657. Salary and expenses of state commis- sioner. 658. Office of state commissioner. 659. Bond and oath of state commissioner. 660. Seal of office. 661. Itemized statement of receipts and dis- bursements filed by commissioner monthly. 662. xlccouNTs; approval and payment of. 663. Accounts audited. 665. Biennial report of commissioner to governor. 665. Commissioner ; duty to enforce game AND fish laws. 666. Blanks and other printed matter. 667. Publication of game LA^YS. 668. Commissioner and his deputies may serve process. 669. Commissioner may appoint counti- game and fish wardens. 670. Duties and powers of county wardens. Section. 671. County wardens and deputies subject TO supervision and removal by state commissioner. 672. Bond of county wardens ; conditions of. 673. ex-officio deputy game wardens. 684. Compensation of wardens under spe- cial instructions. 675. Forest fires provided against. 676. Compensation of county wardens. 677. Certificate to collect _birds, nests, eggs, ets. 678. License ; contents of. 680. County license ; how obtained. 681. State license ; how obtained. 682. Non-resident or alien hunter's li- cense; HOW procured. 683. Money received from licenses ; how disposed of. 685. Owners, landlords, and tenants may HUNT ON their OWN LANDS WITHOUT LI- CENSE. 686. Licenses printed on distinctive colors. 687. Licenses delivered to and returned by probate judges. 688. Game and fish protection fund created AND disposed OF. 656. DEPARTMENT OF GAME AND FISH ESTABLISHED AND COMMISSIONER PRO- VIDED FOR.— The Department of Game and Fish of the State of Alabama is established and shall be known and termed as such. The pres- ent State Game and Fish Commissioner shall hold office until his successor is elected and qualified. His successor shall be elected by the qualified electors of the State at the general election in 1908, and ever four years there- after, and his term of office shall begin on first Monday after second Tuesday in January next after his election. 657. SALARY AND EXPENSES OF STATE COMMISSIONER.— The State Game and Fish Commissioner shall receive a salary of twenty- five hundred dollars per annum, payable month- ly out of the game and nsh protection fund in the same manner as other State officers are paid, but the said State Game and Fish Com- missioner shall not be allowed any reimburse- ments for his expenses in travelling over the State in the discharge of the duties of his of- fice. 658. OFFICE OF STATE COMMISSION- ER. — The State Game and Fish Commissioner shall be provided with a suitable office in the State capitol and. upon the approval of the governor, may employ a clerk when necessary. 659. BOND AND OATH OF STATE COM- MISSIONER.— Before entering upon the dis- charge of his official duties the State Game and Fish Commissioner shall give bond in the sum of five thousand dollars to the State of Ala- bama, with two or more sureties, to be approved by the secretary of State, conditioned that he will well and 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 on him by law. 6 and he shall also take and subscribe the oath or affirmation required by the constitution of the State, and be commissioned by the secre- tary of State. 660. SEAL OF .OFFICE.— The State 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. 661. ITEMIZED STATEMENT OF RE- CEIPTS AND DISBURSEMENTS FILED BY COMMISSIONER MONTHLY.— At the end of each calendar month said Game and Fish Com- missioner shall file with the governor an item- ized statement under oath of all sums of money received or expended by him in the discharge of his official duty, including clerical services, salaries, and expenses while traveling under special order as hereinafter provided, postage, stationery, and other necessary incidental ex- penses; such clerk shall receive two dollars per day while engaged in such service. 662. ACCOUNTS; APPROVAL AND PAY- MENT OF.— Upon the approval of such ac- coimts by the governor, the auditor shall draw his warrant for such amount, which shall be paid monthly out of the game and fish protec- tion fund. 663. ACCOUNTS AUDITED.— The office and accounts of the State Game and Fish Com- missioner shall be audited by the direction of the governor in the same manner as the office and account of other State officers are audited. 664. BIENNIAL REPORT OF COMMIS- SIONER TO GOVERNOR.— In the month of Oc- tober, in the year 1908, and every two years thereafter, the State Game and Fish Commis- sioner shall make a report to the governor showing the official business transacted by him. Such report shall show the number of hunters' licenses issued, together with all fees collected. It shall show what moneys have been receivea by the game and fish department from fees and other sources. It shall show the number of wardens employed under special instructions, and shall give all necessary information con- cerning the affairs of the department of game and fish. Such report to be published in pamphlet form. 665. COMMISSIONER; DUTY TO EN- FORCE GAME AND FISH LAWS.— The State Game and Fish Commissioner shall enforce all laws now enacted or that may be enacted for the protection, propagation, and preservation of game animals, birds, and fish in this State, and shall prosecute all persons who violate such law ; and he shall at any and all times seize any and all birds, animals, and fish that have been caught or killed at a time, in a manner, or for a purpose, or in possession, or which have been shipped, contrary to the game laws of this State. 666. BLANKS AND OTHER PRINTED MATTER PROVIDED.— The blanks and other printed matter necessary to carry out the pre- visions of the game laws, upon the approval of the governor, shall be printed under the direc- tion of the State Game and Fish Commissioner, and shall be paid for in like manner and upon the same terms as other public printing. This expense shall be chargeable to the first money covered into the game and fish protection fund. 667. PUBLICATION OF GAME LAWS.— The State Game and Fish Commissioner, by and with the consent of the governor, shall pub- lish in pamphlet form for general distribution the laws relating to game, birds, and fish. 668. COMMISSIONER AND HIS DEPU- TIES MAY SERVE PROCESS.— The State 8 Game and Fish Commissioner and his deputies may serve criminal process as sheriffs and con- stable^ 6G9. COMMISSIONER MAY APPOINT COUNTY GAME AND FISH WARDENS.— The State Game and Fish Commissioner shall appoint, by and with the consent and approval of the governor, game and fish wardens in each county in this State, and such persons so ap- pointed shall be known as county game and fish wardens, and shall hold office for the term of the State Game and Fish Commissioner appoint- ing them, and till their successors are duly ap- pointed. 670. DUTIES AND POWERS OF COUNTY WARDENS. — The county wardens shall assist the State Game and Fish Commissioner in the discharge of his official duties, and said war- den shall have like power and authority as is provided in this chapter for the State Game and Fish Commissioner relative to the enforcement of this law. 671. COUNTY WARDENS AND DEPUTIES SUBJECT TO SUPERVISION AND REMOV- AL BY STATE COMMISSIONER.— Said depu- ties and wardens shall be subject to the super- vision and direction of the State Game and Fish Commissioner, and subject to removal for cause by him. 672. BOND OF COUNTY WARDENS ; CON- DITIONS OF.— Before entering upon the dis- charge of their official duties each county game and fish warden shall give bond in the sum of five hundred dollars, payable to the State of Alabama, with two or more sureties, to be ap- proved by the secretary of State, conditioned that he will sell and truly account for and le- gally apply all money which may come into his hands in his official capacity, and that he will faithfully perform all the duties enjoined upon him by law. 9 673. EX OFFICIO DEPUTY GAME WAR DENS. — All sheriffs, deputy sheriffs, marshals, constables, and policemen, or other peace of- ficers of this State, are ex officio deputy game and fish wardens. 074. COMPENSATION OF WARDENS UN- DER SPECIAL INSTRUCTIONS.— Game and fish Avardens acting under special instructions shall receive three dollars per day for their services. 675. FOREST FlllES PROVIDED AGAINST. — The game and fish wardens shall, while in and about the woods, caution all sportsmen of the danger from fires and extinguish all fires left burning by any one if within their power, and shall give notice to any and all persons interested, when possible, of fires raging beyond their control, to the end that the same may be extinguished. 676. COMPENSATION OF COUNTY WAR- DENS. — Each county game and fish warden shall receive one-half of all fines, forfeitures, and penalties collected in the county in which he holds office for violations of the game and fish laws. And such moneys shall be so paid by the courts collecting the same, and the re- mainder shall be forwarded to the State treas- urer and covered into the game and fish pro- tection fund. 667. CERTIFICATE TO COLLECT BIRDS. NESTS, EGGS, ETC.— Certificates may be granted by the State Game and Fish Commis- sioner, upon the payment of one dollar to defray the necessary expenses attending the granting of such certificates, to any properly accreditea person, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes only. In order to obtain such certifi- cates the applicant for the same must present to the State Game and Fish Commissioner writ^ 10 ten testimonials from two well known ornithol- ogists, one of whom shall be a resident of this State, certifying to the good character and fit- ness of said applicant to be entrusted with such privileges. Such certificate shall expire on the 31st day of December of the year in which it is issued. 678. PERMITS TO CAPTURE GAME; WHEN ISSUED.— The State Game and Fish Commissioner, upon the payment of one dollar, may issue permits to any person to take, cap- ture, or transport not more than ten pairs of any one species of game, birds, or fish within or without this State, when satisfied that such per- son applying for said jiermit desires the same exclusively for scientific or propagating pur- poses. 679. LICENSE; CONTENTS OF.— All li- censes shall be dated when issued, and shall au- thorize the person named therein to himt dur- ing the calendar year, and then only within the regulations and restrictions provided by law. All hunting licenses shall be numbered consec- utively at the time they are printed, and resi- dent and non-resident blanks shall be furnished by the State Game and Fish Commissioner to the probate judges of the various counties. 680. COUNTY LICENSE; HOW OBTAIN- ED. — Any person who has been a bona fide resi- dent of this State for one year then past may procure a county hunter's license for himself or herself by filing his or her affidavit with the probate judge in the county in which he or she resides, stating his or her ago, place of resi- dence, postoffice address, color, color of his or her hair and eyes, and the fact whether he or she can write his or her name, and by paying the said judge of probate the sum of one dol- lar. 11 681. STATE LICENSE; HOW OBTAINED. — Any person who has been a bona fide resident of the State one year then past may procure a State hunter's license for himself or herself by filing with the probate judge of the county to whom he applies for license the affidavit provided by the preceding section, and by pay- ing to the said probate judge the sum of three dollars, which shall entitle him or her to a State hunter's license and shall authorize him or her to hunt in any county in this State, 682. NON-RESIDENT OR ALIEN HUNT- ER'S LICENSE; HOW PROCURED.— Any non-resident or alien of this State may procure a license for hunting by filing his or her affi- davit with the probate judge of any county in this State, stating his or her age, place of resi- dence, postoffice address, color, color of his or her eyes and hair, and the fact whether he or she can or cannot write his or her name, and by paying the said probate judge the sum of fifteen dollars. 683. PROBATE JUDGES ISSUE HUNTING LICENSES.— The probate judge shall issue all hunting licenses, resident and non-resident, un- der the seal of his office to all persons comply- ing with the provisions of this chapter, and shall sign the same and shall require the person to whom the license is issued to sign his or her name on the margin thereof. He shall keep a correct and complete record of all licenses is- sued in a book to be furnished by the State Game and Fish Commissioner, which record shall remain in his office and be open to the in- spection of the public at all reasonable times. 684. MONEY RECEIVED FROM LICEN- SES; HOW DISPOSED OF.— Probate judges shall retain of the money received df each li- cense issued the sum of fifteen cents, which shall cover the swearinig of the applicant to the 12 aftidavit referred to in this chapter and all other services under this chapter, and shall pay the balance to the State treasurer on the first day of each mouth, which amount shall be cov- ered into the game and fish protection fund, and said probate judges shall report to the State Game and Fish Commissioner on the first day of each month the number of licenses issued and the amount of money remitted to the State treasurer. 685. OWNERS, LANDLORDS, AND TEN- ANTS MAY HUNT ON THEIR OWN LANDS WITHOUT LICENSE.— All owners and land- lords and members of their families may hunt upon their own lands without license ; and ten- ants and members of their families may hunt upon their leaseholds without license. 686. LICENSES PRINTED ON DISTICT- IVE COLORS. — The license for residents and non-residents shall be printed on distinctive col ors. 687. LICENSES DELIVERED TO AND RE- TURNED BY PROBATE JUDGES.— The State Game and Fish Commissioner shall deliver to each judge of probate in this State ten days be- fore the 1st day of January in each year as many licenses as may be required, and shall charge said probate judge with the number is- sued to him. On the 15th day of December in each year, and within ten days thereafter, each probate judge shall retui-n to the State Game and Fish Commissioner all unused licenses and stubs of the licenses issued. 688. GAME AND FISH PROTECTION FUND CREATED AND DISPOSED OF.— All moneys sent to the State treasurer in payment of hunting licenses, fines, penalties, and forfei- tures arising from the game laws of this State shall be set aside by the State treasurer and shall constitute a fund known as the "game 13 and tish protection fund," for the payment of the salary of the State Game and Fish Commis- sioner and his necessary incidental expenses, also the payment of the expenses of the game and fish warden when acting under special in- structions. The expenses incurred for any pur- pose or in consequence of this chapter shall De limited to the amount of money in the game and fish protection fund, and in no event shall the State pay any such salaries or expenses or be liable in any manner therefor except to the extent of such game and fish protection fund, and the State Game and Fish Commissioner shall not issue any voucher nor shall the State auditor approve any voucher if issued by the said State Game and Fish Commissioner for any services or expenses of any kind, unless the money to pay such voucher shall at the time be on hand in the State treasury to the credit of the game and fish protection fund. 14 CHAPTER 224 CRIMINAL CODE 1907 P. 564. Section. 6954. Ownership and title to wild birds and game vested in state, 6955. Birds, plumage, skin, eggs, and nests protected. 6956. Game birds denominated and enume- rated. 6957. Birds not protected. 6958. Open and closed season. 6959. Pheasants protected. 6960. Trap, snare, deadfall, baiting, etc., pro- hibited. 6961. Night hunting prohibited. 6962. Hunting wild hogs. 6963. Deer protected, open and closed sea- sons as to. 6964. Squirrels, open and closed season as to. 6965. Number of birds or animals authorized TO be killed in one day. 696t). Selling game prohibited. 6967. Hunting without license prohibited. 6968. False statement as to procuring li- cense. 6969. Shipping or transporting game. 6970. Common carrier shipping game. 15 6971. Hunting on lands of another. 6972. Corporation, service of warrant of ak rest upon. 6973. Officer failing to perform duty. 6974. Report of prosecutions. 6975. Pleading and practice, rules of under this chapter. 6976. Costs of prosecution, how taxed. 6977. Fines, penalties, and forfeitures, dis- position OF. 6978. Fines to be paid in currency. 6979. Judges special charges as to game LAWS. 6980. Terms defined. 6981. Extent and construction of game laws. 6982. Local or special laws repealed. 6954. OWNERSHIP AND TITLE TO WILD BIRDS AND GAME VESTED IN STATE.— The title and ownership to all wild birds and game in the State of Alabama are vested in the State for the purpose of regulating the use and dispo- sition of the same in accordance with the laws of this State. Note. — See chapter 20, Political Code, which is a part of this law. 6955. BIRDS, PLUMAGE, SKIN, EGGS. AND NESTS PROTECTED; PENALTY FOR CATCHING, KILLING. OR TAKING.— Any person who shall catch or kill, or have in his possession, living or dead, or who shall purchase, offer, or expose for sale, transport, or ship with- out the State any such wild bird after it has been killed or caught ; or who shall sell or have in his possession for sale any part of the plumage, skin, or body of any bird protected by the game laws ; or who shall take or willfully 16 destroy the nests of any wild bird, or who shall have such nests or eggs in his or her possession, except as permitted by the game laws of this State, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten nor more than twenty-five dol- lars for each offense. 6956. GAME BIRDS DENOMINATED AND ENUMERATED.— The following only shall be considered game birds : The Anatidae, common- ly known as swans, geese, brant, and river and sea ducks; Rallidae, commonly known as rails, coots, mud hens, and gallinules ; the Limicolae, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews ; the Gallinae. commonly known as wild turkeys, grouse, pheasants, and quails; and the species of Columbae commonly known as turtle or mourning doves. 6957. BIRDS NOT PROTECTED.— English and European house sparrow, coopers hawk, chicken hawk, and all members of the hawk family, owls, and crows are not protected by the game laws of this State. 6985. OPEN AND CLOSED SEASONS AS TO GAME BIRDS. — No person or persons shall injure, kill or hunt, or destroy, by any means whatever, or have, or be in possession of, except as expressly permitted by the provisions of this Code, the following named game birds, except between the following dates: Wild turkey gob- blers, December 1st to April 1st, following ; quail (bob-white partridges) from November 1st to March 1st, following; dove from August 1st to March 1st, following : swans, geese, brant, ducks, rails, coots, mud hens, sandpipers, woodcock, and curlews, or other shore bids, September 1st to March 15th, following: snipe and plover, November 1st to May 1st, following. Any per- son who violates any of the provisions of this 17 section shall be deemed guilty of a misdemean- or, and, upon conviction thereof, shall be pun- ished by a fine of not less than ten dollars nor more than twenty-five dollars for each offense. 6959. PHEASANTS PROTECTED.— Any per- son who takes, captures, or kills, except under permit, any ruffled grouse (pheasant), Mongo- lian, Chinese, or English pheasant, or other im- ported game birds, before December 1st, 1912, and thereafter only from November 15th to December 15th, following shall be guilty of a misdemeanor, and, on conviction, shall be pun- ished by a fine of not less than five dollars nor more than twenty-five dollars for each offense. 6960. TRAP, SNARE, DEAD-FALL, BAIT- ING, ETC., PROHIBITED.— Any person who shall at any time make use of any pitfall, dead- fall, scaffold, cage, snare, trap, net, salt-lick, blind, pen. baited hook, or baited field, or any other similar device, or any drug, poison, chem- icals, or explosives for the purpose of injuring, capturing, or killing birds or animals protected by the game laws of this State, except as oth- erwise expressly provided, shall be guilty of a misdemeanor, and, on conviction, shall be pun- ished by a fine of not less than five nor more than twenty-five dollars for each offense. 6961. NIGHT HUNTING PROHIBITED.— Any person who shall pursue, catch, take, or kill any birds, deer, wild turkey, wild ducks, wild goose, brant or other aquatic bird or fowl, between dark and daylight the following day, shall be guilty of a misdemeanor, and, on con- viction, shall be punished by a fine of not less than five nor more than twenty-five dollars for each offense. 6962. HUNTING WILD HOGS.— Any person who, without first giving notice to at least three freeholders in the neighborhood, hunt«, 18 catches, or kills wild hogs unmarked, with dog or gim, must, on conviction be fined not less than ten nor more than one hundred dollars. 6963. DEER PROTECTED. OPEN AND CLOSED SEASON AS TO.— Any person who shall kill or attempt to kill any doe or female deer or wild turkey hen in this State; or who shall kill any deer between January 1st and the 1st of November, in each calendar year, or who shall use any artificial light in hunting or killing deer, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten nor more than fifty dollars; and the having of such light on the head or any jiart of his body while hunting shall be prima facie evidence of the violation of the last sub- division of this section. 6964. SQUIRRELS, OPEN AND CLOSED SEASON AS TO.— Any person who shall pur- sue, injure, capture, kill, or destroy any fox squirrel, black squirrel, or grey squirrel, ex- cept from August 1st to the following January 1st, in each year, and except May 15th to June 15th, when they may be killed ; or who shall pursue, injure, capture, or destroy any such squirrels at any time in any public or private park, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than five nor more than twenty-five dollars ; provided, that any person may protect his prem- ises from the ravages and depredations of these animals at any time and in any way. 6965. NUMBER OF BIRDS OR ANIMALS AUTHORISED TO BE KILLED IN ONE DAY. — Any person who takes or kills more than one deer, two turkey gobblers, or twenty-five game birds of any other species in one day, or who has such birds or game in possession for more than five days after the close of the season for killing the same, shall be guilty of a misde- 19 meanor, and, upon conviction, shall be punish ed by a fine of not less than five nor more than twenty-five dollars for each offense. 6966. SELLING GAME PROHIBITED.— Any person, firm, or corporation who, at any time of the year, shall barter, sell, or offer for sale, any of the game birds or animals protect- ed by this code, either under the name used in this Code, or under any other name or guise whatsoever, whether lawfully or unlawfully taken, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than five nor more than twenty-five dollars for each of- fense. 6967. HUNTING WITHOUT LICENSE PRO- HIBITED. — Any person who hunts outside of the limits of the voting precinct, ward, or beat in which he actually resides without first ob- taining a license permitting him or her to do so ; or who hunts outside of the county in which he actually resides without obtaining a State li- cense permitting him or her to do so ; or any non-resident of this State who hunts in thia State without a non-resident's license ; or who lends or transfers his hunting license to anoth- er, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten nor more than twenty-five dollars ; but any person may hunt upon his own lands in season without obtaining a hunting license. 6968. FALSE STATEMENT AS TO PRO- CURING LICENSE.— Any person who shall make to any officer authorized to issue a hunt- ing license a false statement, or change or alter his or her license in any manner, shall be pun- ished by a fine of not less than ten nor more than twenty-five dollars. 6969. SHIPPING OR TRANSPORTING GAME. — Any person who takes, ships, or trans- ports out of, or within this State any of the 20 birds or gamef protected by the laws of this State, unless the same be iu personal possession of, or carried openly by the owner thereof, or person killing the same who has in his posses- sion a non-resident's license, if the game is to be carried out of this State, or a resident's li- cense, if the game is to be transported within the State, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten nor more than fifty dollars. 6970. COMMON CARRIER SHIPPING GAME — Any person, company, corporation, or com- mon carrier who shall ship or transport any birds or game without ascertaining if the person offering for shipment or transportation such birds or game is in possession of a hunting li- cense duly issued to him and covering the pe- riod when such shipment is offered, and with- out requiring such person to accompany the shipment, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, 6971. HUNTING ON LANDS OF ANOTHER WITHOUT WRITTEN PERMISSION; PENAL- TY FOR. — Any person who hunts on the lands of another without first having obtained from the owner or agent thereof a written permis- sion to do so, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten nor more than twenty-five dollars. 6972. CORPORATION, SERVICE OF WAR- RANT OF ARREST UPON.— In cases of viola- tion of the game laws of Alabama by a corpo- ration, the warrant of arrest may be read to the president, secretary or manager in this State or to any general or local agent thereof in any county where the action or indictment is pend- ing, and upon the retura of such warrant so served, the corporation shall be deemed in court 21 and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corpora- tion, but this section shall not be considered to exempt an agent or employe from prosecution. 6973. OFFICER FAILING TO PERFORM DUTY. — Any official, officer, or warden who shall fail to perform any act, duty, or obliga- tion enjoined upon him by the provisions of the game laws of this State, shall be guilty of a misdemeanor, and, on conviction, shall be pun- ished by a fine of not less than fifty nor more than one hundred dollars. 6974. REPORT OF PROSECUTIONS TO STATE COMMISSIONER.— Every court or clerk of any court before whom any prosecu- tion under this chapter is commenced or shall go on appeal, and within twenty days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine col- lected, if any, and the disposition thereof to the State Game and Fish Commissioner. 6975. PLEADING AND PRACTICE, RULES OF UNDER THIS CHAPTER.— Two or more offenses may be charged in the same affidavit, complaint, or indictment, and proof as to a part of a game bird or animal shall be suffi- cient to sustain a charge to the whole of it; and the violation as to the number of animals or birds of the same kind may be charged in the same count and punished as a separate of- fense as to each animal, bird, or game. 6976. COSTS OF PROSECUTION, HOW TAXED. — When an arrest for a violation of the game law is made by the State Game and Fish Commissioner or by any warden, and the defendant is convicted, there shall be taxed as costs in favor of such warden making the ar- rest the same fee as a constable is entitled to in misdemeanor cases, and if collected from the defendant, shall be paid over to such warden and shall be his personal perquisite. No fee shall be allowed in cases of acquittal. 6977. FINES, PENALTIES, AND FORFEI- TURES, DISPOSITION OF.— All moneys col- lected from fines, penalties, or forfeitures under this chapter shall belong to the game and fish protection fund, with the exception of that part which, under this chapter, belongs to the war- dens, and shall be paid over by the officer au- thorized to collect said money to the State treas- urer on or before the first day of each month, and shall be credited by him to the game and i fish protection fund. The State treasurer shall report on the first day of each month to the State Game and Fish Commissioner the exact amount of money to the credit of the game and l fish protection fund. G978. FINES TO BE PAID IN CURRENCY. — All fines imposed under the provisions of this chapter shall be paid in lawful money, that is to say, in currency of the United States of America. 0079. JUDGES' SPECIAL CHARGES AS TO GAME LAWS.— The circuit judges and the judges of concurrent jurisdiction shall give the grand juries when organized the provisions of the game and fish laws strictly in charge and shall urge strict inquiry into infractions there- of. 6980. TERMS DEFINED.— As used in the game laws of this State, unless otherwise spe- cially restricted or enlarged, the words, "here- in" and "hereof" refer to the whole of the game laws of this Code, and the words "person" "owner," "proprietor," "grantee," "lessee," or "licensee" include a firm, asr^ociation, corpora- tion, or municipality, and the word "warden" means State Game and Fish Commissioner, county game warden, and deputy game warden, 28 provided for in the game laws. The word "of- ficers" includes every person authorized to en- force the provisions of the game laws, and when- ever the possession, use, importation, transpor- tation, storage, sale, offering, or exposing for sale of game birds is prohibited or restricted, the prohibition or restrictions shall extend to and include every part of such game, and a vio- lation as to each animal or bird or part thereof shall be a separate offense. 6981. EXTENT AND CONSTRUCTION OF GAME LAWS. — The provisions of the game laws shall not apply to persons hunting any of the birds or animals of this State which are not protected by the provisions of such laws. 6982. LOCAL OR SPECIAL LAWS RE- PEALED. — All laws and parts of laws, general, special, or local, in conflict with the provisions of this Code as to the game and fish laws, are repealed. 24 CHAPTER 219 CRIMINAL CODE 1907 P. 543. Section. 6898. Obstbuction and preventing fish from running up rivers or creeks, 6899. Poisoning streams, or using explosive substance, to catch fish. 6900. Ownership and title of fish in the STATE. 6901. y-l ines, nets, traps, or other devices ( ?. catching fish prohibited. 6902. 1 ;eptions to preceding sections. 6903. Fj es and forfeitures, converted into gis ie and fish protection fund. 6904. Fj fiing, taking or killing fish in po ls, lakes, or other boides of water wiiolly upon lands of another/ pen- ALTY FOR. 6905. Fines, forfeitures, and penalties, dis- tribution OF. 6898. OBSTRUCTION AND PREVENTING FISH FROM RUNNING UP RIVERS OR CREEKS. — Any person who, by means of dams, traps, or other obstructions, jireveuts the pas- sage of fish up the waters of any river or creek in this State, must, on conviction, be fined not more than one hundred dollars. 25 6899. POISONING STREAM, OR USING EXPLOSIVE SUBSTANCE, TO CATCH FISH. — Any person who takes, catches, kills, or at- tempts to take, catch, or kill fish in any waters of the State, by poisoning the stream or body of water in which they are found, or by the use of any poisonous substance put in the water, or by the use of fish berries, lime, giant powder, dynamite, gunpowder, or any other explosive substance, must, on conviction, be fined not less than ten nor more than one hundred dollars, to be paid into the State treasury to the credit of the game and fish protection fund. 6900. OWNERSHIP AND TITLE OF FISH IN THE STATE.— The ownership and title to all fish in the State of Alabama not held by private ownership legally acquired is in the State of Alabama for the purpose of regulating and controlling the use and disposition of them after catching, taking, or killing, as provided for in this Code. 6901. SEINE, NETS, TRAPS, OR OTHER DEVICES FOR CATCHING FISH PR.OHIBIT- ED. — Any person who shall take, catch, or kill any fish in any of the waters of this State by means of any seine, trammel-net, gillnet, fish- trap, or any other device or trap, or by any means other than by ordinary hook and line, gig, spear, or trotline, except as provided in the next succeeding section, shall be guilty of mis- demeanor, and ,on conviction, shall be fined not less than fifty nor more than two hundred dol- lars. 6902. EXCEPTIONS TO PRECEDING SEC- TION. — The preceding section shall not apply to ponds and reservoirs wholly on the premises of any person using such device ; nor to the salt waters of the State; nor to any waters in the State in which the tide ebbs and flows; nor to small seines not more than twelve feet 26 in length and four feet in width, known as min-i now seine for catching minnows to be used for bait only. 6903. FINES AND FORFEITURES CON- VERTED INTO GAME AND FISH PROTEC- TION FUND. — All money arising under the pro- visions of the three ]»receding sections from fines, forfeitures, etc., shall be forwarded to the State treasurer on the first day of each month i and covered into the game and fish' protection i fund. 6904. FISHING, TAKING OR KILLING FISH IN POOLS, LAKES. OR OTHER BOD- ' lES OF WATER WHOLLY UPON LANDS OF ANOTHER; PENALTY FOR.— Any one who shall take, catch, or kill, or in any w^ay aid in the taking, catching, or killing of any fish m any pond, pool, lake, or other reservoir, or body of water wholly on the premises of another per- son, or go or be upon or trespass on the lands adjacent to such pond, pool, lake, or body of water for the purpose of catching or taking fish therefrom in any manner, or by any means whatever, without a written permit from the owner of such premises, or body of water (such permit when given to remain in force and effect- ive for twenty-four hours, and no longer, unless otherwise specified in the permit itself, in whicn event the time, and also the terms of such permit to govern absolutely, unless revoked in writing by the party issuing the same and served in person on the party or parties so affected) shall be guilty of a misdemeanor, and, on con- viction, may be fined not more than fifty dollars, but if the conviction be for seining, shooting or dynamiting for fish, the fine shall not be for less than twenty-five dollars, to be paid in lawful money of the United States, and the defendant may also be sentenced to hard labor for the county for not more than ninety days, at the discretion of the court. 6905. FINES, AND PENALTIES, DISTRI- BUTION OF. — Each county game and fish war- den shall receive one-half of all fines, forfei- tures, and penalties collected in his county under this chapter. Such moneys shall be so paid by the courts collecting the same, and the remainder shall be forwarded to the State treas- urer and covered into the game and fish pro- tection fund. NEW FISH LAWS. No changes were made in the Game Law, but two bills were passed at the Special Session of the Legislature (1909), relating to the protection of fish. No. 117.) AN ACT (S. 40. For the further protection of fish. To make it unlawful to use nets, seines, or other de- vices, or substitutes for the same in streams or bodies of water emptying into the tide waters of this State for the pur- pose of catching or taking bass, fresh water trout or bream between April 1st and July 1st of each year. To legalize the use of hoop-nets and fish traps in certain waters of this State. Section 1. Be it enacted by the Legislature of Alabama, That it shall be unlawful for any person to use any net or seine or other device or substitute for the same for the purpose of catching or attempting to take or catch, in any of the tide waters of this State any bass, fresh water trout or bream, between April 1st and July 1st of each year. Any person violating 28 the provisions of this section shall be guilty of i a misdemeanor and upon conviction shall be ' fined not less than $25 nor more than $50 for j each offense. Section 2. That it is hereby made lawful I for any person or persons to use hoop-nets in | which bait is used to attract fish, and fish traps j with fingers or slats, not less than two and one | half inches apart, without any other devise un- i der, around and above the fingers, for the pur- I pose of taking or catching fish in the streams of this State; provided, that said fish-trap, and ■ wings of said trap, so used shall not occupy | more than one-half the width of the stream in i which it is operated or located, when the said ' stream is at low water mark, provided that no i hoop-net or trap shall be set or located within j one-half mile below any dam or lock. Any per- I son operating a fish-trap, except as prescribed | in this section, or who takes or catches any j bass, fresh water trout or bream in any hoop- j net or upon any fish trap unless the same be | immediately restored to the waters from whence taken, shall be guilty of a misdemeanor andj upon conviction shall be fined not less than $10 j nor more than $25 for each offense. ' I Section 3. That it shall be lawful for any f person to use seines or other devices for the' purpose of taking or catching fish in pools form- ed by streams that have ceased to run. Section 4. That all fines and forfeitures i arising under the provisions of this act shall ! be disbursed as provided by section 0905 of the Code of Alabama, 1907. 29 No. 192.) AN ACT (H. 325. To provide for the further protection of fish in Baldwin county, to prevent the taking or catching of fish in any lake, river, creek or bayou in said county, except with hook and line ; and to provide a penalty for the same; to make it unlawful for any non- resident engaged in the business of com- mercial fishing to take fish in Baldwin county. Section 1. Be it enacted by the Legislature of Alabama, That it shall be unlawful for any person to use any net, seines or substitutes for the same except cast-net for the purpose of catching or attempting to catch or take fish in any of the rivers, lakes, creeks or bayous of of Baldwin county emptying into salt or tide waters. That fish can only be taken in waters emptying into salt or tide water in said county, by means of ordinary hook and line, trot-line, spear, east-net, or gig, provided that it shall be lawful for any person or persons to use hoop- nets in which bait is used to attract fish in the navigable rivers of said county, upon which passenger and freight steam packets regularly ply; and provided further that it shall be law- ful to take fish from pools or running streams of said county during those periods of the year when such streams cease to run. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon con- viction shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars for each offense. Section 2. That it shall be unlawful for aiiy person to use in the salt or tide waters of said county any seines or net having a mesh of less than two inches when stretched ; provided that this shall not apply to persons using cast nets 30 or nets used for the purpose of catching or tak- ing shrimp or crabs. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars for each offense. Section 3. That the provisions of this act shall not apply to that territory lying and being in Baldwin county, which lies south of the north- ern boundary line of township 8 south, and west of the western boundary line of range 5 east, nor to Weeks bay, and provided further that that portion of streams emptying into Weeks bay, one mile from the mouth thereof, is exempt- ed from the provisions of this act, in said coun- ty ; provided further that nothing in this act shall be construed to prevent the taking of stur- geon, by any means now commonly employed in the salt or tide waters of said county. Section 4. That it shall be unlawful for any persons, engaged in the business of commercial fishing or of catching fish for commercial pur- poses, who have not been bonafide residents of this State for one year past to catch or take fish or attempt to catch or take fish in any of the waters of Baldwin county. Any person vio- lating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense. Provided, however, that the provisions of this section shall not apply to actual bona fide residents living on the east side of Perdido bay in the State of Florida. Section 5. That all fines, forfeitures, penal- ties, etc., arising under the provisions of this act shall be paid into the Game and Fish Protection 31 Fund as now provided by law and all persons convicted under the provisions of this act must pay the fine imposed in cash, that is to say in the currency of the United States of America. Section 6. That this act shall become effect- ive on and after its passage and approved by the governor. Approved August 31, 1909. ^rQwn^lrifititta%{ MONTGOMERY ALA LIBRARY OF CONGRESS |ilii||i|ip!!illi|P III 002 908 805 6