ILLINOIS. 1 5 '■" cop.S OF THE UNIVERSITY or ILLINOIS ( 0 * 2 )^ XJlCp'2>% I \912> I Cop *5 J NM. HIST. OlItTUJr-w I OuiitrCl LiO. I i \ 9 i // It: I Digitized by the Internet Archive in 2015 https://archive.org/details/gamefishconserva1913illi Game and Fish Conservation Act of 1913 OOMM ISSIOrsJERS: G. J. Dittmar, — President Freeport. Henry V. Meeteren, 11141 Watt Ave. Chicago. J. B. Vaughn, Carlinville. 3 1X13^ '■^•^FIRST DISTRICT Headquarters Chicago r>; Warden: Sol. Van Praag OOUNTlEISr McHenry Lake Kane DuPage M- Cook Kendall Grundy Will Kankakee Iroquois 'X ICC 4 SECOND DISTRICT Headquarters - - - Sterling, Illinois Warden: Alva M. Clavin COU NT I ES: Jo Daviess Stephenson Winnebago Boone Carroll Ogle DeKalb Lee Whiteside Rock Island Mercer Henry Bureau Putnam LaSalle 5 THIRD DISTRICT Headquarters Havana, Illinois Warden: J. M. Entwhistle oou isnr I e:s= Henderson Knox Peoria Woodford Fulton Hancock Brown Cass Menard Sangamon Scott Warren Stark Marshall Tazewell McDonough Adams Schuyler Mason liOgan Morgan Pike FOURTH DISTRICT Headquarters ----- Shelbyville Warden: Isaac S. Storms OOU NTI Es: Livingston McLean Macon Champaign Edgar Coles Christian Cumiberland Crawford Effinghami Ford Dewitt Piatt Vermilion Douglas Moultrie Shelby Clark Jasper Fayette 7 FIFTH DISTRICT Headquarters - - - - E. St. Louis Warden: Peter Foy COU NTI ElSr Calhoun MaCoupin Bond Clinton Monroe Perry Green Jersey Montgomery Madison St. Clair Washington Randolph 8 SIXTH DISTRICT Headquarters - - - - Carbondale Warden (acting) : M. R. Fakes OOU NT I EIS- Marion Clay Richland Lawrence Wabash Edwards Wayne Jefferson Franklin Hamilton White Gallatin Saline Williamson Jackson Union Johnson Pope Hardin Massac Pulaski Alexander INDEX Bait or Feed 20 Brant 16 Coot 16 Doves 15 Duck 16 Destrov Wild Nest Game 24 Dynamite, Destroying fish by 39 Dam, Erect or Control any 47 Pisb Preserves 34 Pish Shipments, false tags 50 Kind of Fish caught 37 Length of Pish 41-42 Game Birds 19-20 Game, Buy or sell 18-19 Game for Breeding 22-23 Game killed for Transportation 22 Grouse 16 Jack Snipe 15 Licenses, revoking 51 Non-Re.'Vident Licenses, Hunting 28-29 Mussels Non-Residents’ License 51 fiicense fees collected by clerks 35 Market, Licenses For Pish 33 Pishing License 31-32 Mussels, Length of Bars and Number to catch 51-52 Minnows for bait 38 Number of Birds, May kill 28-29 Ownership and Title of Game 23-24 Own rship and Title of Pish 37 Propagation of Pish 38-39 Partridge 15 Pheasants 22-23 Plover 16-17 Quail 15 Rail 16 Seines, Size of Meshes 37 Seines, Length of, or Nets 37-38 Squirrel ... 15 Snipe 15 Tran^portation of Pish 42-43 Trap. Snare, or Net 20 Transfer of License . 35 Sell, fish unlawful to 41 Wood Cock 15 10 GAME AND FISH CONSERVATION ACT OF 1913 § 1. Appointment of commission— duties. § 2. Employees. I 3. Salary— expenses. S 4. What and when unlawful to hunt, etc.— exceptions. § 5. What unlawful to buy, sell, have, etc. § 6. What wild birds unlawful to kill, etc.— game birds named. § 7. What unlawful to trap, etc,— no bait or feed. § 8. When unlawful to buy, sell, etc.— excep- tion. § 9. Interstate shipments— proviso. § 10. What not killed, etc., for ten years— excep- tions. §11. Ownership and title of srame and birds in State. § 12. Taking: or destroying nests or eggs. § 13. Birds, nests or eggs for scientific purposes. § 14. Certificate to collect birds, nests or eggs— bond- § 15. ®u ration of certificate. § 16 Affidavit of violation and form of search warrant §17. Hearing on complaint. § 8. Confiscation and sale of game. etc. § 19. Disposition of fine and cost. § 20. Officers not liable for wrongful seizure of game, etc. § 21. Application for hunter’s license— oath— fees— form— numbe* daily— duration of license— exemptions— penalty. § 22 . Unlawful fishing — exemption — fees — no transfer § 23. Fish license— how issued. § 24. Pish dealer’s license— how issued— fees— duration— unlawful shipments— seizure of cont'-aband fi-^h § 25. Pish preserves -notices— penalty for unlaw- ful fishing § 2«. License fees paid to ^tate Treasurer. § 27. Alt»^ration. loan or transfer of fish license prohibited. § 28. Prosecutions for violations— fines trans- mitted by magistrate, etc. § 29. Owner’s permit to hunt. 11 f 30. Violation a misdemeanor— forfeiture of cense— title to land. §31. Penalty for violating: section 29. I 32 Ownership and title of fish in State. § 33. Pishinr subject to restrictions of Act. § 34 Fishing with hook and line— frogs. § 35. Fishing with net, basket or seine. § 38. White fish and trout— proviso. § 37. Minnows for bait. § 38. Officials may take fish for propagation, ae- stroy, etc, § 39. Size of nets or seines— how set and lifted. § 40. Use of drugs, explosives, firearms, artificial lights, etc —permit in writing. § 40a. Structures on ice— penalty. i 41. Legal size of fish— what unlawful to sell — proviso. § 42. Legal size and weight of fish— donations by officers § 43. What fish unlawful to ship at any time— what carried or transported as baggage- label. § 44. When and what fish may be shipped— penalty. § 45. Common carriers not to receive or ship fish without tag, etc. § 46. Fish hatcheries— fish culturist. § 47. Seizure of unlawful devices— proceedings— sale or destruction. § 48. Contraband fish. § 49. Dam or obstruction— fishways— arbitration § 50. False label— penalty. i 51. Definitions. § 52. Inspection and examination of fish. § 53. Resisting officer— penalty. §54. Revocation of license. § 55. Mussel, clam, or shell fish— penalty. § 56. Non-resident not to take mussel, clam or shell fish in boat without license— pen- alty. § 57. Boats— size— penalty. I 58. Boat license— how issued— fee— duration- metal tag— penalty . § 59. Powers and duties of commissioners, ward- ens and deputies. § 60. Offenses and penalties— fines paid to State Treasurer. § 61. Prosecutions— duties of State’s attorneys. § 62. Prosecutions within one year after offense § 63. Duty of other officers, § 64. Report. § 65. Repeal. IMPORTANT NOTICE Last March, Congress enacted a law, giving to the Department of Agriculture, power to miake regulations concerning what birds are migratory game birds, and what are migratory insect eating birds; and also declaring what shall be “Open” and “Closed” seasons for tbe same. Under tbe power given in this Act, the Departmient of Agriculture has formiulated certain regulations, that will become operative, on or about the first day of October, if signed by the Presi- dent of the United States, that will take precedence over and render partly in- operative some of the game laws of the State of Illinois. One of these proposed regulations prohibits the shooting of water fowl in the State of Illinois from the 16fh day of December, to the 2nd day of September of the following year. Before shooting water fowls in Illinois one better advise him(Self concerning these regula tions made by the Depart- ment of Agriculture. 13 (Senate Bill No. 617. Approved June 23, 1913.) An Act for the conservation of game, wild fowl, birds and fish in the State of Illinois, for the appoint- ment of a commission and staff for the enforcement thereof, and to re- pedil certain Acts relating thereto. Section 1. Be it enacted by the People of the State' of Illinois, repre- sented in the General Assembly : That withdn thirty days after tbis Act shall take effect the Governor of the State, by and with the advice and consent of the Senate, shall appoint three persons to be called and known as the State Gamie and Fish Conservation Commis- sion, referred to and designated here- after in this Act as the commission. One member of the commission shall be designated by tbe Governor as the president of the commission, who shall be the executive officer of the commis- sion. It shall be the duty of the comi- mission to conserve the game, wild fowl, birds and fish of the State, to se- cure the enforcement of all the stat- utes of tbe State for the preservation of gamie, wild fowl, birds and fish and bring, or cause to be brought, actions and proceedings in the name of the People of the State of Illinois, to re- cover* any and all fines and penalties provided for in such laws relating to game, wild fowl, birds and fi.sh, and to prosecute all violators of said stat- utes. § 2. Employes.] To carry out the provisions of this Act, tbe commission 14 shiall have the power to appoint six wardens and sixty deputy wardens, who shall serve continuously, and may appoint in addition thereto not to ex- ceed sixty deputy wardens for tempo- rary service during such seasons as in the judgment of the commission such extra service is required. All wardens and deputy wardens shall be subject to thtants of this State may receive game from other states legally killed, entrapped or ensnared, and expose and sell the same on the market between the first day of October and the first day of February of each year. § 9. The provisions of this Act shall not be construed as applicable to 'any express company or common carrier, into whose possession any of the ani- mals, wild fowl or birds herein men- tioned shall come in the regular course of their business for transportation, wh'ile they are in transit through this State from another state, where thekill- ing and transportation of said animals, wild fowl or birds be lawful. But not- withstanding this provision, the having or being in possession of any such ani- mials, wild fowl or birds, as are men- tioned in section 4, upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling, or having in possession any such animals, wild fowl or birds, shall be unlawful by the provisions of this Act, shall be deemed and taken as prima facie evi- dence that the same was ensnared, en- trapped, netted or killed in violation of this Act. § 10. That it shall be unlawful for any person in the State of Illinois for and during the period of ten years from the passage of this Act, to injure, take, kill, expose or offer for sale, or have in possession, except for breeding pur» poses, any wild buck, doe or fawn: Pro- vided, that any person who breeds and 23 i-aises (leer for market where the same has been bred and raised within an en- closure, may kill and sell samie from October ist to February ist. And it shall be unlawful for any person for and dur- ing the period of ten years from the passage of this Act to injure, take, kill, expose or offer for sale or have in pos- session except for breeding purposes any wild turkey or any kind of pheasant, sand grouse or partridge: Provided, that cock pheasants may be killed and sold from the 1st day of November to the 1st day of February of each and -every year, by the breeders thereof, upon a permit issued to them by the commission. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, and in default of payment of the fine imposed shall be imprisoned in the county jail at the rate of one day for each dollar of the fine imiposed. The fines imposed and collected under this Act shall be paid into the State treasury, § 11. The ownership of and title to all wild game and birds in the State of Illinois is hereby declared to be in the State, and no wild game or birds shall be taken or killed in any manner or at any time excetd the person so taking or killing shall consent that the title to said game shall be and remain in the State of Illinois for the purpose of reg- ulating the use and disposition of the same after such taking or killing. The taking or killing of wild game or birds 24 at any time in any manner or by any person shall be deemed a consent of said person that the title to such game or birds shall be and remain in the State, for said purpose of regulating the use and disposition of the same. § 12. Any person, who shall, within the State of Illinois, take or needlessly destroy the nest or the eggs of any wild birds, game birds, or shall have such nest or eggs in his or her possession, shall be subject for each offense to a fine of five dollars and costs of suit and shall stand committed to the county jail until such fine and costs are paid : Pro- vided, that such imprisonment shall not exceed ten days. § 13. Sections 6 and 12 of this Act shall not apply to any person holding a certificate giving the right to take birds and their nests and eggs for scientific purposes as provided for in section 14 of this Act. § 14. Certificates may be granted by the county clerks of the several counties of this State to any properly accredited person of the age of eighteen years and upward permitting the holder thereof to collect birds, their nests or eggs for strictly scientific purposes only. In or- der to obtain such certificate the appli- cant for the same must present to the county clerk to whom the application is made, written testimonials from two well known scientific men, certifying to the good character and fitness of said applicanttobeentrusted with such priv- ilege; and must pay to said county clerk one dollar to defray the necessary ex- penses attending the granting of any 25 such certificates and must file with said county clerk a properly executed bond in the sum of two hundred dollars signed by tw^o responsible citizens of the State as sureties. This bond shall be forfeited to the State and the certificate become void upon proof that the holder of such certificate has killed any bird or taken the nest or eggs of any bird for other than the purpose named in sec- tions 6 and 13 of this Act, and shall be further subject for each offense, to the penalties provided therefor in sections six (6) and twelve (12} of this Act. § 15. The certificates authorized by this Act shall be in force until the first day of June next succeeding only from the date of their issue and shall not be transferable. § 16. If any member of the commis- sion, or warden, or deputy, has reason to believe, or does believe that any per- son or corporation has in his or their possession, contrary to law, any game, deer, wild fowl or bird, it shall be the duty of such commissioner, warden or deputy to go before any justice of the peace in the county and make affidavit to that fact; said justice shall thereupon issue asearchjwarrant against theperson or corporation so complained of, directed toany constable of the county, command- ing him to proceed at once and search for said game, deer, wild fowl oi* bird, and upon finding the same to seize and take possession of the same and keep it until further ordered by the justice; said constable shall also read said war- rant to the owner or person in whose possession said game, deer, wild fowl or bird is found. Said warrant shall bf^ substantially as follows : State of Illinois, / County. ) To Any Constable of said County. Greet- ing: You are hereby commanded to search (here describe place), seize and take possession of and hold any game, deer, wild fowl or bird found there. And you (here name owner or corporation in whose possession game is found) are hereby notified to appear before me at my office in (here locate office) on (here state time of trial) and show cause why the game, deer, wild fowl or birds should not be sold and the pro- ceeds thereof distributed as required by law. (Signature of Justice.) Justice of the Peace (Date of warrant.) § 17. At the time mentioned in said warrant said j ustice shall proceed to hear and determine whether said game, deer, wild fowl or bird was in the possession of the person or corporation contrary to law, and if said justice finds that said game, deer, wild fowl or bird was in the possession of the defendant contrary to law, then said justice shall enter judg- ment against the defendant and order a sale of the game, deer, wild fowl or bird seized, but if said justice shall find that the possession of said game, deer, wild fowl or bird was not contrary to law 27 then the judgment of the court shall be that the same be returned to the person or corporation from whom the same was taken. § 18. In case of a j udgment and order of sale as specified in section 17, then said constable shall at once post two notices, one at the justice’s office and one at the place of sale, specifying in each notice time and place of sale — not less than five hours from the date of judgment — also a description of the game, deer or wild fowl to be sold; said place of sale shall be upon the principal produce street or market of the city; said constable shall at the time and place mentioned in said notices sell said game, deer, wild fowlorbird at pub- lic auction to the highest bidder for cash, and at once pay the proceeds of such sale into the justice’s court; said constable shall give the purchaser a cer- tifice of purchase, in which shall be a particular description of the game sold, together with the date of sale. § 19. Said justice shall, as soon as the proceeds of sale are paid into his court, deduct the amount of his cost, to- gether with the constable’s costs, and pay the balance into the State treasury. § 20. Membersof the commission, the wardens and deputy wardens shall not be liable for any damage or costs sus- tained by any person or corporation by reason of the wrongful seizure of game, deer, wild fowl, birds or fish under this, Act. § 21. For the purpose of preventing unauthorized persons from killing game and birds, no person or persons shall at 28 any time hunt, pursue or kill with gun, rabbits or any of the wild animals, fowl or birds that are protected during any part of the >ear without first having procured a license so to do, and then only during the respective periods of the year when it shall be lawful. Said license shall be procured from any county, city or village clerk in the following manner, to-wit: The appli- cant shall fill out a blank application to be furnished by the commission to the clerk of each county, city or village stating name, age, occupation and place of residence of applicant, place of birth, if a naturalized citizen, the date of the naturalization papers and the court by which issued, if a minor born beyond the jurisdiction of the United States, the date of the naturalization papers of the parent or parents and the court by which issued if any; the fact of having declared his intention of becoming a citizen of the United States, with the date of siich declaration and the court in which such declaration is filed, said application shall be subscribed and sworn to by the applicant before said county, city or village clerk, and any applicant who shall wilfully and cor- ruptly swear falsely shall be deemed guilty of perjury and punished accord- ingly, and it is hereby expressly pro- vided that if said county, city or village clerk, fails to administer the oath as herein provided or antedates any license, he shall be subject to a fine herein pro- vided for each and every offense, the same to be recovered in any court of competent jurisdiction. And saidappli- 29 cant, if a non-resident of the State of Illinois, or if not a citizen of the United States or not having declared his intention of becoming a citizen of the United States, whether a resident of the State of Illinois or not, shall pay to the county clerk the sum of twenty- five dollars as a license fee, together with the sum of fifty cents as the fee of said county clerk for administering the oath to the applicant and issuing said license; and if a resident of the State of Illinois, and a citizen of the United States, shall pay to the county, city orvillage clerk, the sum of seventy- five cents as a license fee, together with the sum of twenty-five cents as the fee of said county, city or village clerk for admiinistering the oath to the applicant and issuing said license. Said license shall bear the signature of the com- mission and the seal of the county, city or village in which the same is issued and be countersigned by the said clerk. And such licensee, if a non-resident, is hereby authorized to take from the State not to exceed in the aggregate fifty birds of all kinds killed by him- self or herself which shall be carried openly for inspection, together with his or her license. The number of game birds or animals that may be killed in any one day by one person is hereby limited to fifteen ducks, ten geese, ten brant, fifteen coots, fifteen rails, or other water fowl. The number of the Lim- icolaeor shore birds that may be killed by one person in one day is hereby lim-- ited to fifteen, and fifteen game birds of any other kind, except Bobwhite quail. 30 ruffed grouse (partridge), pinnated grouse (prairie chicken.) Mexican blue quail, California valley quail, California mountain quail, wild turkey, or any kind of pheasants. The number of mourning doves and squirrels that may be killed in any one day by one person is hereby limited to fifteen. Every license issued shall be signed by the licensee in ink, and as aforesaid, shall entitle the person to whom issued to hunt, pursue and kill game within the State at any time when it shall be lawful to hunt, pursue and kill such game ,and no person to whom a license hasbeen issued shall be entitled to hunt, pursue or kill game^or rabbits in this State without at the time of such hunt- ing, pursuing and killing of game he or she shall have such license in his or her name and upon his or her person ready to exhibit the same for inspection,, and such license shall be void, after the 1st day of June next succeeding its issue: Provided, that the owner or owners of farm lands, their children (if residents of the State,) or tenants shall have the right to hunt and kill gamie on the farm lands of which he or they are the bono fide owners or tenants during the sea- son when it is lawful to kill game with- out procuring such residence license. Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdem.eanor and upon conviction thereof shall be fined in any sum not less than twenty* five dollars nor more than fifty dollars for each and every offence and shall 31 stand committed to the county jail until such fine and costs are paid, but such imprisonment shall not exceed thirty days for each offence; or such person may be proceeded against in an action of debt in the namie of the People of the State of Illinois for the recovery of the penalty herein prescribed. § 22. It shall be unlawful for any person to fish in any waters under the jurisdiction of this State with seine, dip net, gill net or pound net, without first obtaining a license so to do : Provided, that the owner or owners, their children (if residents of this State), or the ten- ants of any land on which there is any lake, pond, slough or other water, wholly within the premises so owned or controlled and not connected with any open stream or extending beyond their jurisdiction, may take, catch, or kill any fish in the manner prescribed by law without procuring such a license. Each residence of this State shall pay for each license the following amounts, respectively: (a) For each one hundred yards of seine, or less (except minnow seines), five ( 5 ) dollars. ;b) For each dip net, twenty«=five (25) cents. (c) For each steam tug used in ope- rating gill nets or pound nets, twenty- five ($25) dollars. (d) For each gasoline launch used in operating gill nets or pound nets, fifteen ($15) dollars. (e) For each sail boat, or row boat used in operating gill nets or pound nets, ten ($ 10 ) dollars. 32 Each non«residence of this State shall pay for each such license the following amounts respectively : (a) For each one hundred yards of seine or less (except minnow seines,) ten ($10) dollars. (b^ For each dip net, one (1) dollar. (c) For each hoop or fyke net, one (1) dollar. (dj For each steam tug used in ope- rating gill nets or pounds nets, two hun= dred ($200 j dollars. (e) For each gasoline launch used in operating gill nets or pound nets, fifty ($50) dollars. (f) For each sail boat or row boat used in operating gill nets or pound net, thirty ($30) dollars. No license issued under the provisions of this section shall be transferred. § 23. Each county, city or village clerk is hereby authorized and em= powered to issue all licenses referred to in the preceding section of this Act upon the payment to such clerk of the amount of the license fee prescribed in the foregoing section, together with the sumi of twenty=five 25) cents as the fee of such clerk. It shall be the duty of such clerk to issue to such applicant a license, bearing the signature of the commission, sealed with the seal of the county, city or village clerk, as the case may be, dated on the day of the issuance thereof and countersigned by said clerk. At the time the said payment is made the person making such payment shall receive from the clerk a metal tag, which shall be of uniform style and 33 pattern, to be prescribed and furnished to the clerk by the commission. Such metal tag shall be attached to said de» vices or boats, in such a manner as to be at all times exposed to public view. § 24. It shall be unlawful for any person to ship any fish caught in any of the waters under the jurisdiction of this State, or to conduct a fish market for the purpose of buying and selling and ship= ing such fish, or as a wholesale dealer to buy and sell any fish caught or taken in the waters underthe jurisdiction of this State without procuring a license so to do. Such license m.ay be procured fromi the city, village or county clerk upon the payment to such city, village or county clerk of a license fee of ten (10) dollars, together with the sum of fifty (50) cents as the fee of the clerk issuing such license. Such license shall be signed, sealed and authenticated as other licenses required by this Act. Each license issued under the provisions of this section shall entitle the person named therein to ship any fish authorized under this Act to be sold and shipped which are caught in the waters under the jurisdiction of this State during the time when it is lawful to catch such fish and to conduct a fish market for the purpose of buying and selling for shipment fish authorized under this Act to be bought and sold and which were caught in the waters under the jurisdiction of this State during the time when it is lawful to catch such fish, and to buy and sell :»acii iiBri as a wholesale dealer, until the first day of May next following its issu- ance, and no license shall be transferred. 34 All licenses granted under this section shall expire on the first day of May of each year. It shall be unlawful for any railroad company, express company, steamboat company, or common carrier, to receive from any person engaged in the business of buying, selling and shipping fish as herein provided, any fish caught in the waters under the jurisdiction of this State for shipment unless the person so tendering such fish for shipment has obtained a license authorizing such per- son to ship fish in accordance with the provisions of this section. All fish found in the possession of the holder of such license which are of il» legal kinds, sizes, or weights, are hereby declared to be contraband, and may be seized and disposed of by any member of the commission, any warden or deputy warden. § 25. The commission shall have power and authority to set aside, at its discretion, such waters within the jurist diction of this State as they may judge best as State Fish Preserves, in which it shall be unlawful to fish with any de> vice except hand line or rod and line. The commission shall post such waters at the outlet, and at highway crossings of the same, by conspicuous notice, and shall publish such notice once in a news- paper published in each of the counties in which such waters are located. Any person taking, catching or killing, or attempting to take, catch or kill, any fish with any device or by any method, except hand line or rod and line in any waters set apart under the provisions of 35 this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced, for the first offense, to pay a fine of not less than fifty (50) dollars, nor more than one hundred (100) dollars, and for the second offense shall be fined not less than one hundred (100) dollars nor more than two hundred (200) dollars; and in either case shall stand committed to the county jail, there to remain until such fine and costs are fully paid. § 26. All license fees collected by the several city, village and county clerks in this State under the provisions of this Act shall be paid into the State treasury at the end of each calendar month. §• 27. Any person who shall at any time alter or change in any material manner, or loan or transfer to another, any license issued as aforesaid, shall be deemed guilty of forgery, and on con- viction thereof shall be subject to the penalties provided for the commission of forgery. § 28. All prosecutions for the viola* tion of the provisions of this Act relating to license shall be brought by any person in the name of the People of the State of Illinois against any person or persons violating any of the provisions of this Act so far as it relates to licenses, before any court of competent jurisdiction; and it is hereby made the duty of all State’s attorneys to see that the provisions of this Act are enforced in their respective counties and they shall prosecute all offenders on receiving information of the violation of any of the provisions of this Act. and it is made the duty of all sher» 36 iffs, deputy sheriffs, constables and po- lice officers to inform against all persons whom there is reasonable cause to be- lieve are guilty of violating any of the provisions of this Act, the amount recov- ered in any penal action under this Act in so far as relates to licendes, shall be by the magistrate or court before whom the case is tried at once transmitted to the State Treasurer. § 29. It shall be unlawful for any per- son or persons to hunt with gun or dog, or allow their dogs to hunt within or upon the lands or premises of another, or uponthewaters flowing overor stand- ing on said lands or premises, without first obtaining from the owner, agent, or occupant of said lands or premises, his, her or their permission so to do. § 30. Any person or persons violating section 29 of tbis Act shall be deemed guilty of a misdemeanor, and shall, up- on conviction, forfeit his license and may be prosecuted in the name of the Peopleof the State of Illinois before any justice of the peace or by indictment or information in any court in any county : Proinded, that in all such prosecutions the owner or owners or person in pos- session of said grounds or lands shall not be required to prove title to the grounds or lands in controversy. § 31. Any person convicted of violat- ing section 29 of this Act shall be fined in a sum of not less than five dollars ($5.00) , and not to exceed fiif teen dollars ($15.00), and shall stand committed to the county jail until such fine and costs are fully paid. 3? § 32. That the ownership of and title to all fish in any waters within thejuris- diction of this State is hereby declared to be in the State and no fish shall be caught, taken or killed in any manner or at anytime except the persons so catch- ing, taking or killing such fish shall con= sent that the title to said fish shall be and remain in the State for the purpose of regulating the possession, use, sale or transportation thereof after such taking, catching or killing. § 33. It shall be unlawful for any per- son to catch, take or kill, or attempt to catch, take or kill, any fish in any of the lakes, rivers, creeks, sloughs, bayous or other waters, or water courses within the jurisdiction of this State, ex= cept subject to the restrictions and by the means and devices, and at the time prescribed by this Act. § 34. Fish of legal size or weight, as hereafter prescribed, may be caught, taken or killed with hook and line at any time. Frogs shall not be caught, taken or killed within the jurisdiction of this State by any means whatsoever, during the months of May and June of each year. § 35. It shall be lawful to catch and take all kinds of fish (except black bass, pike, pickerel, pike perch (commonly known as jack or yellow salmon) , white fish, trout, chubs, long jaws, black fins, lake perch and herring, with hoop or fyke nets, dip nets, baskets, or with seines, the meshes of which are not less than one and one=half inches square and which do not exceed 6oo yards in length, between the first day of July of any year and the flnt day of May of the nexi succeeding year. § 36. White fish and trout may be caught and taken only with gill nets and with pound nets the meshes of which are not less than two and one=quarter inches square, between the first day of Decem- ber of any year and the first day of November of the next succeeding year. Only chubs, long jaws, black fins, her- ring and lake perch may be caught and taken with gill nets, dip nets, and with pound nets, the meshes of which are not less than one and one=quarter inches square: Provided, it can be sh-own that not over ten per cent of the entire catch taken in such nets at any one lift shall consist of trout of a less weight than one and one=quarter pounds, dressed, each, and provided that such trout so caught or taken may be sold at, but shall not be shipped from the place where such trout were caught or taken. § 37. It shall be lawful to catch or take minnows for bait only by use of minnow seines or traps, the meshes of which shall not be less than one=fourth of an inch square nor shall the length of any minnow seine be more than fifty (50) feet: Provided, however, ihsii hny person so fishing for minnows for bail in the mianner prescribed, shall at once return to the water uninjured all fish of whatever size or length, except such as are commonly known as minnows. § 38. It shall be lawful for the com- mission, or for any duly authorized of- ficial of tbe United States, or persons authorized by them, to catch and take hsh in any way at any time and at such ‘ 3 » places as they may deem best for the purpose of propagation, distribution, or the destruction of objectionable fish, and for the Universityof Illinois or its agents to do likewise for scientific purposes. § 39. No hoop, or fyke net, gill net or pound net or seines shall be more than 600 yards in length or shall be set, placed or used by any person or persons in such a manner as to obstruct more than one=haIf of the width of any stream, river, lake, slough, bayou, or other water course within the jurisdiction of this State. All gill nets and pound nets shall be set and lifted only by the use of a tug, launch, sail boat or row boat licensed as herein provided. § 40. Every person wh>o shall at any time catch, take or kill, or attem'pt to take, catch or kill, any fish in any of the rivers, lakes, ponds, creeks, streams, ca» nals, sloughs, bayous or other waters or water courses wholly or in part within the jurisdiction of this State by the use of lime, acid, medical, chemical or me- chanical compound or dope of any medi- cated drug or any cocculus inducus or fish berry, or any dynamite, or giant powder, nitro=glycerine or other explo- sive, of any kind of firearms, or by the use of jack or artificial light of any kind, or with snare, spear, gig or graines, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred (100) dollars, nor miore than two hundred (200) dollars or punished by imprisonment in the county jail not less than six months, or by both fine and imprisonment, at thp discretion of the court. 40 Nothing in this section shall be con- strued to forbid the use of an ordinary lamp or lantern strictly for illuminating purposes and not for the purpose of “shining,” luring or attracting fish. It shall be unlawful for any person to catch, take or kill, or attempt to catch, take or kill, in any manner or by any means whatsoever, any fish in, upon, or from any water in any quarry, quarry hole, natural or artificial lake, fish pond or reservoir, or other artificial or natural depression upon the premises of any other person within the jurisdic- tion of this State, without the consent in writing of the owner or person in charge thereof. § 40a. It shall be unlawful for any person to have, erect or use, while fish- ing on or through the ice, any house, shed, tent or shanty, or other structure so constructed as to wholly or in part exclude the daylight or which may be used for the purpose of concealment. Any person violating any of the pro- visions of this section shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine of not less than twenty=five (25) dollarsnormore than two hundred (200) dollars, and costs, and shall stand com- mitted to the county jail until such fine and costs are fully paid. § 41. It shall be unlawful to catch, take or kill by any means or device whatsoever, or to sell or offer for sale, or have in possession any of the follow- ing named fish mentioned below which are less than the length mentioned for each : 41 Black bass, eleven inches. Pike or pickerel, eighteen inches. White or striped bass, eight inches. Rock bass, six inches. Crappie, eight inches. Yellow or ringed perch, seven inches. Pike perch or wall=eyed pike, thirteen inches. Provided, that if any such undersized fish is taken, the person taking it shall immediately return it to the waters from which it was taken, without un- necessary injury to such fish. Provided, further, that it shall be un- lawful, at any time, to sell, or offer or expose for sale, or have in possession for the purpose of selling, any black bass, pike, pickerel, or pike perch (com- monly known as walk-eyed pike, jack or yellow salmon) , caught, taken or killed in waters within the jurisdiction of this State: And provided, also, that black bass, pike, pickerel and pike perch (commonly known as wall-eyed pike, jack or yellow salmon) , may be caught, taken or killed only with line held in hand, or attached to a rod, with or with- out reel attached held in the hand. § 42. It shall be unlawful to catch, take or kill by any means or device whatsoever, or to sell or offer for sale, or have in possession (unless caught with hook and line) any of the follow- ing named fish mentioned below, which are less than the weight or length mentioned for each : Lake perch, seven inches. Buffalo, twelve inches. German carp, twelve inches. Sunfish, six inches. 42 Blu« or channel catfish, thirteen inches. WhitefishyOneand one«°quarter pounds, dressed. Lake trout, one and one^quarter pounds, dressed. White perch, ten inches. Bullhead cat, seven inches. Turtle or terrapin, seven inch shell. The possession by any person of an> fish under* the size or weight prescribed in this section, except as hereinbefore provided for, shall be prima facie evi- dence that such fish were the property of the State of Illinois at the time they were caught, taken and killed, and that such fish were caught, taken and killed, in this State. Any person receiving in due course of business any fish less than the weight or size prescribed in this section, shall immediately upon receipt of such fish, notify the commission, a warden or deputy warden of such fact. Upon receipt of such notice it shall be the duty of the commission, the war» den, or deputy warden, as the case may be, to seize same and donate such fish to some public or charitable institution. § 43. It shall be unlawful at any time to transport, or ship any black bass, pike, pickerel, or pike perch (com- monly known as wall=eyed pike, jack or yellow salmon) caught in waters under the jurisdiction of this State ;i Provided, that any person may carry with him, or transport as baggage on any train or conveyance for which he has purchased a transportation ticket, one package and no more, at any time, and during any one day, containing not more than 43 twenty-five pounds of black bass, pike, pickerel and pike perch (commonly known as wall-eyed pike, jack or yellow salmon), le^^ally caught and taken in the waters under the jurisdiction of this State: Provided, that such package, when offered as baggage, shall be plain- ly labeled so as to show the name of the person offering the same for transporta- tion, the place to which it is to be transported and the number of fish of each kind contained therein, and the number of the license of the person offering such fish for transportation, if any such license is required. § 44. It shall be unlawful to sell or ship, offer for sale or shipment, or re- ceive for shipment, from and including the first day of May to and including the thirtieth day of June of each year, any fish or frogs caught in any of the waters under the jurisdiction of this State : Provided, that white fish, trout, long jaws, chubs, black fins, herring and lake perch of lawful size may be sold or shipped, offered for sale or shipment, or received for shipment, at any time: Provided, further, that black bass, pickerel, pike, or pike perch (commonly known as wall-eyed pike, jack or yel- low salmon), lawfully caught in waters under the jurisdiction of this State, may be lawfully transported as baggage and as provided for in Section 43, from the nth day of June of any year to the 31st day of March (both inclusive), of the succeeding year. The possession of any such fish, or shipment of fish or in transit shall be prima facio evidence of a violation of 44 this section : Provided, that the provi- sions of this section shall not apply to the transportation of fish into or through this State or out of it by the commission, or the duly authorized re= presentative of any other state, or of the United States: Provided, further, that there shall be allowed five days after the close of the fishing season to dispose of or to ship all fish legally caught and taken previous to the close of the fishing season. § 45 . It shall be unlawful for any railroad company, express company, or common carrier, to ship or transport, or receive for shipment or transportation or to have in possession for the purpose of shipment to any point either within or, without this State, any box, barrel, crate, or other receptacle containing fish, unless such box, barrel, crate, or othe; recep= tacle shall have firmly fixed and attached thereto a tag on which shall be printed or written, or party printed and partly written, information stating the different varieties of fish contained in each box, barrel, crate, or other recep= tacle, the name and place of business of the consignor, the number of the license of the consignor whenever such license is required and the name and place of business of the consignee. § 46 . It shall be the duty of the com= mission to select suitable locations for State fish hatching and breeding estab= lishments, take all measures within their means for propagation and increase of the native food fishes and also for the introduction of new varieties of food 45 fishes into the waters of the State upon the best terms possible to employ a practical and competent fish culturist who shall perform all such duties as the commission shall direct. § 47. It shall be the duty of any member of the commission, any warden, deputy warden, constable and sheriff to summarily seize and take possession of any device for taking or killing fish herein declared to be unlawful and the use of which is prohibited; he shall thereupon report such seizure to the State’s attorney and deliver such device to the sheriff, who shall forthwith file in the office of the county clerk or cir= cuit clerk an information in the name of the People of the State of Illinois, against alleged owner or owners thereof, of facts of the seizure and unlawful character of the device; whereupon it shall be the duty of the clerk of the county or circuit court to immediately issue two writs of summons in the name of the People of the State against such alleged owner or owners; or if the owner or owners be unknown, against the unknown owner or owners thereof and shall deliver one summons to the sheriff, to be served, and returned in the same manner as a summons at law is served, and shall post one summons in a conspicuous place at the court house door in such county, and shall docket such case with the criminal cases of such court; and upon the expiration of ten days after the posting of such notice, the circuit or county court of such county, if then in session or when next in session thereafter, shall have full 46 jurisdiction thereof upon the clerk’s certificate that he posted the notice therein required, of the sheriff’s return of summons served, or both, and shall proceed to a trial of said case; and if no plea denying the information be filed therein, the court shall take the information as prima facie evidence to support a judgment therein, shall enter an order that the device subject of the information be condemned, and that, upon the expiration of twenty days after the last day of that term of court, such condemned device be sold or de= stroyed as hereinafter provided, which order shall be certified to the sheriff by the clerk and be by such sheriff returned, with the manner of its execution; and if a plea be entered in said case, the court shall proceed to determine whether such device be un= lawful and its use prohibited by this Act as in other cases without a jury unless demanded; and shall enter judg= ment of restitution or condemnation accordingly, and no recovery by the owner or owners or other persons for the value of such property so seized and destroyed in conformity with this Act shall be maintained:! Provided, how- ever, that such seine or nets so seized, the meshes of which are of legal size, shall be sold by the sheriff and the pro= ceeds thereof be paid forthwith into the State treasury: And, provided, further, that any device for taking or killing fish herein declared to be unlaw- ful and its use prohibited which shall have been seized as aforesaid, shall, by order of court, be destroyed. 47 Appeals and writ of error shall lie from the judgment of the court in the premises as in other cases. § 48. All fish caught, taken, killed, shipped or had in possession or under control contrary to any of the provisions of this Act are hereby declared to be contraband, and it shall be the duty of the commission to seize and dispose of any and all fish shipped or had in pos= session by any person in violation of this Act. § 49. That it shall be the duty of any person or persons who now own or control, or hereafter may erect or con= trol any dam or other obstruction across any of the rivers, creeks, streams, bayous or other water courses wholly within or running through this State in such manner as shall obstruct the free passage of fish up and down or through such water or water courses, to place or cause to be erected in or in connec= tion with such dam or dams, durable and efficient fishways, SO that the free passage of fish up and down said waters may not be obstructed. All such fish= ways shall be maintained and kept in good repair by the person or persons so owning or controlling such dam or other obstruction, during the whole time of the existence of such dam or other obstruction, as aforesaid, so that said fish=way shall at all times be open and free from obstruction for the passage of fish. And in case the owner or person con- trolling, operating or using any dam or other obstruction, as aforesaid, shall 48 fail or refuse, after ten days’ notice, in writing, by the President of the com- mission to construct and keep in good repair durable and efficient fish-ways, as provided in this Act, then the com- mission may construct, or cause to be constructed, durable and efficient fish- ways, or place the same in good repair, said work to be let by contract to the lowest responsible bidder, and may re= cover in any action of debt in the name of the People of the State of Illinois, be- fore any justice of the peace or court of competent jurisdiction the cost of con- structing or repairing such fish-way. Any person or persons or corporations owning or controlling any such dam or other obstruction, who shall fail or re- fuse to comply with the provisions of this section with respect to the con- struction and maintenance in good repair of such fish-ways in any such dam, after having been notified in writing by the commission to construct or repair the same, shall be deemed guilty of a mis- demeanor, and for each and every twen- ty days after such notification that such person or persons shall neglect or refuse to comply with the provisions of this section in erecting, maintaining andkeep- ing in good repair such fish-ways, he or they shall be subject to a penalty of not less than twenty-five ($25) nor more than two hundred ($200) dollars. All fish-ways built as provided in this Act, if constructed to the satisfaction and approval of the commission, then every owner or person controlling such dam or other obstructions as provided in this Act, may obtain from such com- 49 mission a certificate that such fish-ways are constructed in compliance with this Act, which certificate shall be a full pro- tection against any prosecution for vio- lation of this Act for not providing a fish-way. Such certificate may be sus- pended at any time by the commission when such fish-way is not maintained or repaired as herein required. If such person or persons so owning or con- trolling any such dam or other obstruc- tion shall fail to construct or maintain such fish-way to th