CARLETOITS MGESi 
 
 or THfc 
 
 MAINE FISH Affl> GAME LAWS. 
 
 1899. 
 
 LIBRARY OF CONGRESS 
 
 000125^3442 
 
LIBRARY OF CONGRESS, 
 
 Chap. Copyright No.. 
 
 \M>-1- BheltJ>K4&& 
 
 ,M 
 
 UNITED STATES OF AMERICA. 
 
49822 
 
 T WO COPIES RECEIVED. 
 

 To the Honorable Henry O. Stanley, of Dixfield, 
 Maine, the foremost fish culturist and angler in New 
 England, who for nearly a third of a century has 
 devoted his time and talents, and without any adequate 
 remuneration, to the propagation and protection of fish, 
 and under great discouragements, I dedicate this little, 
 unpretentious volume. That he may live yet many 
 years to enjoy the fruition of his intelligent labors is 
 the sincere wish of that great throng of his friends 
 who have learned to respect and admire him. 
 
 
 SECOND COPY, 
 

 o^ 
 
 %^ 
 
 ^ 
 
 PREFACE. 
 
 The legislature of 1899 enacted a law which is chap- 
 ter 42 of the Public Laws of 1899— revising, consolidat- 
 ing, amending and simplifying all the laws pertaining 
 to inland fisheries and game, both public, and private 
 and special, and every law pertaining to inland fisheries 
 and game, whether public, private or special, is herein 
 contained and may be found in the chapter above 
 referred to of the Public Acts of the legislature of 1899. 
 All rules and regulations heretofore adopted by the 
 commissioners are repealed and we start with a clean 
 slate with this revision. 
 
 A few rules and regulations have been adopted since 
 the adjournment of the last legislature by the commis- 
 sioners, which have the force of law, and are incorpo- 
 rated herein, with notes of the decisions of the courts 
 and explanations. I venture to give my interpretation 
 of the various enactments upon which I am most fre- 
 quently inquired about. 
 
 The edition of 10,000 copies of chapter 42, Public 
 Laws of 1899, printed for free distribution by order of 
 the legislature, is entirely exhausted. 
 
 That this little, unpretentious compilation may be of 
 some benefit to our wardens, visiting sportsmen, and ail 
 those interested in the great subject of inland fisheries 
 and game in the State of Maine, is the sincere wish of 
 the author. 
 
 Augusta, November 1, 1899. 
 
CARLETON'S DIGEST 
 
 Of the Inland Fish and Game Laws of the 
 State of Maine* 
 
 What the law is explained and stated in plain lan- 
 guage, with citations from decisions of the courts, and 
 forms for petitions, complaints, etc. 
 
 "A state has the constitutional right to regulate the 
 killing of game, birds and fish within its borders, ;md 
 confine their use to the limits of the state, and forbid 
 its transmission outside of the state." Decision United 
 States Supreme Court, 161 U. S. Reports, page 519. 
 
 It is lawful under the Constitution for a state to 
 allow the killing of birds within the state, during a 
 designated open season, to allow such birds when so 
 killed to be used within the state, and yet to forbid 
 their transportation beyond the state. 
 
 From the earliest traditions the right to reduce ani- 
 mals, ferae naturae, to possession has been subject to 
 the law making power. United States Supreme Court. 
 161 U. S. Reps., 522. 
 
 The human race having multiplied, men partitioned 
 among themselves the earth and the greater part of 
 those things which were on its surface. That which 
 fell to each one among them commenced to belong to 
 him in private ownership, and this process is the origin 
 of the right of property. Some things did not enter 
 into this division, as the air, the water which runs in 
 the streams, and the sea and its shores, and great ponds, 
 and wild animals, birds and fish. Melin and Pothier. 
 
 "There are things which belong to no one, and the 
 use of which is common to all. Police regulations 
 direct the manner in which they may be enjoyed. 
 Hunting and fishing is also regulated by Special Laws." 
 
Provisions of the Napoleon code, quoted and endorsed 
 by the U. S. Supreme Court, 161 U. S. R., 526. 
 
 "This attribute of government to control the taking 
 of wild animals was recognized and enforced by the 
 common law of England, and was vested in the colonial 
 governments. The power which the colonies thus 
 possessed passed to the states, with the separation from 
 the mother country, and remains in them to the present 
 day." Ibid. 
 
 The state has jurisdiction to regulate and control the 
 fisheries in the waters of the state, both tidal and inte- 
 rior waters. The right to fish in its waters is not a 
 privilege of the citizens in the several states ; granting 
 to citizens of this state the right to fish for and take 
 fish in a manner and for a purpose not given to citizens 
 of another state is not unconstitutional. 84 Me., p. 444. 
 
 The Massachusetts Bay Colonial Ordinance of 1641, 
 as amended in 1647, which is an early declaration of 
 common rights and liberties, declared among other 
 things as follows : 
 
 "And for great ponds lying in common, though with- 
 in the bounds of some town, it shall be free for 
 any man to fish and fowl there, and may pass and 
 repass on foot through any man's property for that end, 
 so that they trespass not upon any man's corn or 
 meadow." 
 
 Massachusetts Colonial Ordinance 1641-1647 is the 
 common law of the whole state. Barrows v. McDer- 
 mott, 73 Me., 441. 
 
 A "great pond" is a pond containing more than 10 
 acres. Auburn v. Water Power Co., 90 Me., 576. 
 State owns them, 86 Me. 319. 
 
 One may go to great, ponds on foot through unin- 
 closed woodlands, but may not cross tillage or mow- 
 ing land. Barrows v. McDermott, 73 Me., 441. 
 
 "The wild game within a state belongs to the people 
 in their collective, sovereign capacity. It is not the sub- 
 ject of private ownership except so far as the people 
 may elect to make it so ; and they may, if they see fit. 
 absolutely prohibit the taking of it, or traffic or com- 
 
merce in it, if it is deemed necessary for the protection 
 or preservation of the public good. We take it to be 
 the correct doctrine in this country that the ownership 
 of wild animals, so far as they are capable of owner- 
 ship, is in the state. So far as we are aware, it has 
 never been judicially denied that the government under 
 its police powers may make regulations for the preser- 
 vation of game and fish, restricting their taking to cer- 
 tain seasons of the year. * * * The right to preserve 
 game flows from the undoubted existence in the state 
 of a police power to that end, which may be none the 
 less efficiently called into play, because by so doing 
 interstate commerce may be remotely effected." Geer 
 v. Connecticut, 161 U. S. R., 519. 
 
 Moose. 
 
 Sees. 17 and 20. Cow and calf moose shall not be 
 hunted, chased, caught, or killed at any time, under a 
 penalty of not. less than $500.00 nor more than $1,000.00, 
 or imprisonment not exceeding four months. 
 
 Sec. 17. A calf moose is one "that is at least a year 
 old and has at least two prongs or tines to his horns." 
 
 Sees. 17 and 20. Open season on bull moose is from 
 October 15th to December 1st of each year. Close time 
 on bull moose, in which it is unlawful to hunt, them at 
 all, is from December 1st to October 15th of each year. 
 And no person in open season shall hunt, kill, or have 
 in possession more than one bull moose, or parts there- 
 of. Penalty not less than $500.00 nor more than 
 $1,000.00, or not exceeding four months' imprisonment. 
 
 Six Years Close Time on Caribou. 
 
 Sec. 19. It is unlawful to hunt, chase, catch, kill or 
 have in possession any caribou, or part thereof, before 
 October 15, A. D. 1905. Penalty same as on moose. 
 
 (Note.) When firm had three caribou each partner 
 held liable. Allen vs. Leighton, 87 Me., 206. 
 
Deer. 
 
 Sees. 18-20-21. It is unlawful to hunt, kill, chase, 
 catch or have in possession any deer, or part thereof, 
 between December 15th and October 1st, and no person 
 during open season shall kill or have in possession more 
 than two deer, or parts thereof. Penalty $40 and costs. 
 
 One Deer for Food Purposes in September. 
 Sec. 21. It is lawful from September 1st to October 
 1st of each year, to kill one deer, for food purposes 
 only, to be consumed in the locality where taken, by the 
 person taking the same, in either of the counties of 
 Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
 Aroostook, Washington, and Hancock, under such rules 
 and regulations as the commissioners shall from time 
 to time establish, such person having first procured a 
 license therefor, on payment of $6 by a non-resident 
 and $4 by a resident of this State ; but it is unlawful for 
 a non-resident of the State to take a deer as provided 
 in this section, or to enter upon the wild lands of the 
 state, (wild lands mean lands in unorganized town- 
 ships, Ed.), with intent to camp and kindle fires there- 
 on while engaged in fishing or hunting, without being 
 in charge of a registered guide, during the months of 
 June, July, August, September, and October ; provided 
 that the provisions of this section relating to wild lands 
 do not apply to any person who, while hunting or fish- 
 ing, stops at any hunting or fishing camp, which is 
 owned or under the control of any registered guide or 
 registered camp owner. (Note.) A resident is not 
 required to have a registered guide. 
 
 Deer in Certain Counties. 
 Sec. 21. It is unlawful to hunt or kill any deer in 
 either of the counties of York, Cumberland, Androscog- 
 gin, or Sagadahoc, for four years from October 1, 1899, 
 and it is unlawful to hunt or kill any deer in the coun- 
 ties of Knox, Lincoln, and Waldo, except during the 
 month of October of each year, or in Kennebec county 
 
except during October and November of each year, and 
 no person shall kill or have in possession during these 
 respective open seasons more than two deer. Penalty 
 $40 and costs. (Deer cannot be killed for six years 
 from October 2, 1899. on the Isle au Haut, in Knox 
 county. P. & S. Laws, '99, ch. 75. Deer cannot be 
 killed for two years from October 2, '99, on Cross 
 island, in Cutler, or in either of the towns of Eden, Mt. 
 Desert or Tremont. R. & R. of Commissioners.) (Sep- 
 tember 30, '99.) 
 
 (Note.) Possessor of game illegally taken or killed 
 is as liable as if he had taken it himself. State v. 
 Bucknam, 88 Me. 385. 
 
 Two deer may be taken in open season, notwith- 
 standing one has been taken in September, under a 
 license. 
 
 Sunday a Close Time. 
 
 Sec. 22. Sunday is a close time on which it is not 
 lawful to hunt, kill or destroy game or birds of any 
 kind. 
 
 (Note.) Sunday is not a close time on fishing, in 
 the same sense as on hunting. The only law to prevent 
 fishing on Sunday, during the open season, is the old 
 Sunday law, so called, and is as follows : ''Whoever 
 on the Lord's day keeps open his shop * * * or 
 place of business * * * travels or does any work, 
 labor or business on that day, except works of necessity 
 or charity ; uses any sport, game or recreation * * * 
 shall be punished by a fine not exceeding $10." R. S., 
 ch. 124, sec. 20. 
 
 This statute also provides "that a person conscien- 
 tiously believing that the seventh day of the week ought 
 to be observed as the Sabbath, and actually keeps Sat- 
 urday as Sunday, is not liable to the above penalty if 
 he does not disturb others by his work." (Note. 
 But this will not give him the right to hunt game or 
 birds or fish on Sunday, though he refrain from doing 
 it on Saturday.) 
 
Use of Dogs. 
 
 Sees. 19-20-22. It is unlawful to use dogs in hunting 
 moose, deer, or caribou at any time, or jack lights, 
 artificial lights, snares or traps, and any person may at 
 any time kill any dog found hunting or chasing a 
 moose, or a deer, or a caribou, or any dog kept or used 
 for that purpose. Penalty for the use of dogs, or keep- 
 ing them to hunt game or allowing them to do so, $100 
 and costs. 
 
 (Note.) The question often arises, is a person liable 
 whose dog, of his own volition, leaves the house of his 
 master and chases deer? Anybody can lawfully kill 
 the dog, finding him under these circumstances. The 
 owner or keeper would not be liable if he knew noth- 
 ing about it, but if he was informed that his dog was 
 in the habit of chasing this game, and does not confine 
 him, and the dog, after his owner has this knowledge, 
 again chases game, he would be liable. Owners of 
 dogs should keep them within their immediate control, 
 at their peril, the same as he does his horses, his cattle 
 and his hogs. Dogs are not domestic animals. State 
 v. Harriman, 75 Me., 562. One cannot be convicted for 
 stealing under R. S., ch. 127, sec. 1. State vs. Harri- 
 man, 75 Me., 562. 
 
 Transportation. 
 
 Sect. 23. No person or corporation shall carry or 
 transport from place to place an)^ moose, or deer, or 
 part thereof, in close time, nor in open time unless open 
 to view, tagged, and plainly labelled with the name 
 and residence of the owner thereof, and accompanied 
 by him, under a penalty of forty dollars and costs of 
 prosecution for each moose or deer so transported or 
 carried ; and any person not the actual owner of such 
 game or parts thereof, who, to aid another in such 
 transportation, falsely represents himself to be the 
 owner thereof, shall be liable to the penalties aforesaid ; 
 and it shall be prima facie evidence that said game, that 
 is being transported or carried jn violation of this 
 section, was illegally killed ; but nothing herein shall 
 apply to the transportation of moose, or deer by any 
 
person or corporation, when such game is lawfully 
 tagged in accordance with the provisions of section 26 
 of this chapter. Whoever lawfully kills a bull moose 
 shall, while the same, or any part thereof, is being 
 transported, preserve and transport it, with the evidence 
 on the moose of the sex of the same. Whoever fails 
 to comply with the provisions of this section shall for- 
 feit to the State the moose or part thereof being trans- 
 ported, and pay a fine of three hundred dollars and 
 costs of prosecution. 
 
 Sect. 24. All birds, fish, and game hunted, caught, 
 killed, destroyed, bought, carried, transported, or found 
 in possession of any person or corporation, in violation 
 of the provisions of this chapter and amendments there- 
 to, shall be liable to seizure ; and in case of conviction 
 for such violation, such game shall be forfeited to the 
 State, to be sold for consumption in this State only. 
 Any person whose game or fish has been seized for 
 violation of any game or fish law, shall have it returned 
 to him on giving to the officer a bond with sufficient 
 sureties, residents of the State, in double the amount 
 of the fine for such violation, on condition that, if 
 convicted of such violation, he will, within thirty days 
 thereafter, pay such fine and costs. If he neglects or 
 refuses to give such bond and take the game or fish 
 so seized, he shall have no action against the officer for 
 such seizure, or for the loss of the game or fish seized. 
 
 Shall not Give Away Game or Birds. 
 Sect. 25. No resident of this State shall sell or give 
 away any moose or deer or part thereof, or any game 
 birds, to be transported or carried beyond the limits of 
 this State, under a penalty of one hundred dollars for 
 each and every moose, deer, or part thereof, and one 
 dollar for every game bird so sold or given away ; and 
 any person who shall buy any of the above named 
 animals or birds or parts thereof, to so transport them, 
 or who snail transport them after buying the same, or 
 receiving the same as a gift, shall be subject to the 
 same penalty. 
 
10 
 
 May Transport Moose, Deer, Game, Birds and Fish 
 on Payment of a Fee. 
 
 Sect. 26. Any person who has lawfully killed a 
 moose (or a deer, except in September as heretofore pro- 
 vided), or who has lawfully in his possession one trout, 
 one togue, one land-locked salmon, or one white perch, 
 or ten pounds of either kind of these fish, or one pair 
 of game birds, may send the same to his home or to any 
 hospital in the State, without accompanying the same, 
 by purchasing of the duly constituted agent therefor a 
 tag, paying for a moose five dollars, for a deer two dol- 
 lars, for a trout, togue, or land-locked salmon, one dol- 
 lar for each, or one dollar for each ten pounds of the 
 same, and fifty cents for one white perch or ten pounds 
 of the same, and fifty cents for a pair of game birds. 
 The commissioners of inland fisheries and game may 
 appoint agents in convenient localities who may sell 
 these tags, under such rules and regulations as the com- 
 missioners may adopt. 
 
 (Note. — A person who has lawfully killed a bull 
 moose, or a deer, may sell them, but not to be trans- 
 ported out of the State. He may take them to his 
 home wherever he lives, by going with them, and hav- 
 ing them properly tagged, or he may buy a license and 
 ship them to his home without going with them. He 
 may take a moose or two deer that he has killed out of 
 the State, or he may cut them up and peddle them out, 
 without a license.) 
 
 Sect. 22. Whoever has in his possession more than 
 one bull moose, or more than two deer, in their respec- 
 tive open seasons, or any part of these animals in close 
 season, shall be deemed to have killed or destroyed 
 them unlawfully, and be subject to the penalties pro- 
 vided for killing them unlawfully. 
 
 (Note. — This does not apply, however, so far as deer 
 are concerned, to those who are licensed to retail deer, 
 or to licensed camp owners, who have deer in posses- 
 sion in accordance with the terms of their license, and 
 a fairly reasonable time is permitted to get game out 
 
II 
 
 of the woods, and transport it, that was lawfully killed 
 near the close of the open season. 
 
 One who lawfully obtain^ the ownership of game in 
 open time is not criminally liable for having the same 
 in possession in close time afterwards. 88 Me. 385 ; 
 76-80; 82-173; 75-289. But having it thus in possession 
 is evi 'ence of its illegal capture. 88 Me. 385.) 
 
 Game Birds. 
 
 Sect. 11. The close time on partridge and woodcock 
 is from December 1st to September 15th, and the open 
 time is from September 15th to December 1st. 
 
 On wood duck, dusky duck, commonly called black 
 duck, teal and gray duck, the open time is from the first 
 day of September to the first day of May, and the close 
 time is from the first day of May to the first clay of 
 September. 
 
 The close time on quail is from December first to 
 October first. The close time on plover and snipe is 
 from May first to August first. Penalty not less than 
 $5.00 nor more than $10.00 for each bird unlawfully 
 killed, or had in possession in close time. 
 
 No person can lawfully kill or have in possession 
 more than 15 of each variety in one day. except, plover 
 and snipe. No person shall be allowed to sell any par- 
 tridge, or have them in possession except for his own 
 consumption within this State, under a penalty of five 
 dollars for each bird. No person or corporation shall 
 carry or transport more than fifteen of any one variety 
 of the birds above named, at any one time, as the prop- 
 erty of one person. When being transported they must 
 be tagged with owner's name and accompanied by 
 him, but partridge cannot be carried out of the State. 
 Any person to aid another in illegal transportation of 
 these birds, who falsely represents himself to be the 
 owner, is subject to a like penalty. (Public Laws, ch. 
 116. Perpetual close time on tern. Penalty not less 
 than $1.00 nor more than $10.00.) 
 
 (Note. — See section 26 as to transporting one pair of 
 game birds. It will be observed that the law prohibits 
 
the sale of partridge, under any circumstances, or their 
 being taken out of the State, and when being trans- 
 ported in the State all birds must be plainly labelled 
 with owner's name and address and accompanied by 
 him. 
 
 Sect. 12. Capercailzie, or cock of the woods, cannot 
 be killed at any time, or the black game, or any specie 
 of the pheasant, except partridge. Penalty $50.00. 
 Larks, robins, swallows, sparrows, woodpeckers, orioles, 
 or other insectivorous birds, their nests, eggs or young, 
 (crows, English sparrows, and hawks excepted), cannot 
 be taken or killed at any time. Penalty not less than 
 $1.00 nor more than $5.00. Possession of any such bird 
 is prima facie evidence that the person having them in 
 possession unlawfully killed them, and none of these 
 birds can be transported or carried. 
 
 Sects. 12-13. It is unlawful to take any wild duck, 
 of any variety, quail, ruffed grouse, or partridge, wood- 
 cock, or any bird, except by the usual method of sport 
 ing with firearms. Penalty $5.00 for each bird. It is 
 unlawful to kill in any manner any wild duck of any 
 variety on the Kennebec river or on the shores thereof, 
 south of Gardiner and Randolph bridge, or on Merry- 
 meeting bay, or the shores thereof, between sunset and 
 daylight of the following morning; it is unlawful to 
 hunt, kill, or destroy any wild duck, at any time, with 
 the aid of jack lights, or any artificial light. Penalty 
 $50.00. 
 
 Having firearms in possession in the vicinity of the 
 duck grounds in Merrymeeting bay, or on the Kenne- 
 bec river south of the Randolph and Gardiner bridge, in 
 the night time, is prima facie evidence that the person 
 having them is hunting ducks contrary to law. 
 
 Doves. 
 It is held in all the authorities that doves are fera? 
 naturae, and as such are not subject of larceny, except 
 when in the care and custody of the owner ; as when in 
 a dovecote or pigeon house, or when in the nest, before 
 they are able to fly. If, when thus under the care of 
 
13 
 
 the owner, they are taken furtively, it is larceny, o 
 Pickering, 15, 89 Me. 86. 
 
 Perhaps when feeding on the grounds of the proprie- 
 tor, or resting on his barn, or other buildings, if killed 
 by a stranger, the owner may have trespass, and if the 
 purpose be to consume them as food, and they are killed 
 or caught or carried away from the inclosure of the 
 owner, the act would be larceny. 89 Me. 87. 
 
 Land-Locked Salmon, Trout, Togue, White Perch, 
 Black Bass, Pickerel, &c. 
 Sects. 10-38. In waters where it is unlawful to fish 
 at any time, the commissioners may grant permits to 
 take eels, suckers, cusk, pickerel, and white fish, and 
 dispose of them for food purposes, under such rules 
 and regulations, and on such terms, as they deem 
 reasonable. All such permits shall expire with the cal- 
 endar year. 
 
 Commissioners May Destroy Mink. 
 They may cause destruction of mink around any fish 
 hatchery. 
 
 General Close Time on Land-Locked Salmon, etc. 
 
 Sect. 5. The general close time on land-locked salm- 
 on, trout and togue is from October first until the ice 
 is out of a lake or pond the following spring, except in 
 Oxford and Franklin counties ; in these counties the 
 close time is from October first to May first ; and in 
 Kennebec county and on the St. Croix river and its 
 tributaries, clos time is from September fifteenth until 
 the ice is out of the lake or pond fished in the follow- 
 ing spring. 
 
 The close time on white perch is from the first day of 
 April to the first day of July. But a person lawfully 
 trolling for trout, land-locked salmon or togue, who in 
 good faith accidentally catches a white perch may keep 
 it. 
 
14 
 
 There is no close time on black bass, pickerel, horn- 
 pouts, suckers, chubs, eels, yellow perch, cusk, or white 
 fish. 
 
 R. & R. of Commissioners, September 30, 1899. 
 "There shall be an annual close time on Cathance lake, 
 in Cooper, Washington county, in which it shall be 
 unlawful to fish for, take, catch or kill any fish from 
 September first to May first of the following year. Also 
 in Blunts pond, so called, in Lamoine, Hancock county, 
 from October first to May first of the following year." 
 
 Ice Fishing. 
 Sect. 5. Inhabitants of the State are allowed to fish 
 for land-locked salmon, trout and togue, through the 
 ice in the day time, during February, March and April, 
 with not more than five set lines, while under their 
 immediate personal control, and take 20 pounds for 
 one family in one day, and take them home for their 
 own consumption. 
 
 It Is Unlawful to Fish Through the Ice in the 
 Following Named Ponds and Lakes. 
 
 Exceptions. — But there are a great many exceptions 
 to the general law, as follows : It is unlawful to fish 
 through the ice at all, for any kind of fish, anywhere in 
 Oxford, Franklin, Kennebec and Somerset counties, 
 except that part of Moosehead lake in Somerset 
 county, and Pickerel pond, in Flagstaff, Gilman pond, in 
 Lexington, and Pierce pond, in said Somerset county. 
 
 It is unlawful, also, to fish for any kind of fish 
 through the ice, in Allen's pond, in Greene, Lake 
 Auburn, in Auburn, Brettuns pond, in Livermore, in 
 Androscoggin County. 
 
 It is unlawful, also, to fish through the ice in Sabbath 
 Day pond, in New Gloucester, or Thomas pond, in Ray- 
 mond and Casco, in Cumberland County. 
 
 It is unlawful, also, to fish through the ice in Noyes 
 pond, or Green lake, or Eagle lake, Bubble pond, or 
 Turtle lake, on Mt. Desert Island, or Crocker pond, in 
 Township 32, Middfe Division, or Jordan pond, or Long 
 
15 
 
 pond, or Pickerel pond, in Township 32, Middle Divis- 
 ion, in Hancock County. 
 
 It is unlawful, also, to fish through the ice in Crys- 
 tal lake, in Washington, in Knox County. 
 
 It is unlawful, also, to fish through the ice in Lake 
 Hebron, or Hebron pond, or Twin Doughty pond, in 
 Monson, or Ship pond and Bear pond, in Elliottsville, 
 or Garland pond, in Foxcroft and Sebec, or Lower Wil- 
 son pond, in Greenville, or Grindstone pond, in Willi- 
 mantic, or Horseshoe pond, or Indian pond, in Piscata- 
 quis County, or Lake Onawa. 
 
 It is unlawful, also, to fish through the ice in Mes- 
 sabesic pond, called Shaker pond, and its outlet as far 
 down the stream as the Mill dam of Littlefield Brothers, 
 or in Middle Branch pond, in Alfred and Waterboro, or 
 Littlefield's pond, in Sanford, in York County. 
 
 It is unlawful, also, to fish through the ice in Lam- 
 bert lake, in Washington County; or in Dyers pond, 
 in Jefferson, in Lincoln County ; or in Dexter pond, in 
 Dexter, in Penobscot County. 
 
 It Is Unlawful to Fish for Any Kind of Fish at 
 Any Time in Any of the Following Name*.- 
 Streams, Brooks and Rivers. 
 
 It is also unlawful to fish at any time, for any kind 
 of fish in any of the tributaries of Lake Auburn, or in 
 Townsend brook, north of the road leading from the 
 Turner road to North Auburn village, or in Townsend 
 brook within 100 feet of the culvert at the mouth, dur- 
 ing September of each year, or in any of the tributaries 
 of Taylor pond, in the city of Auburn, or in any of the 
 tributaries to Brettuns pond, in Livermore, or in Three 
 brooks, in Wabes, Leeds and Greene, or in East and 
 West branches of Dead river, in Leeds, Greene, and 
 Wales, or in Dead river, in Greene, from the point 
 where the Three brooks empty into said Dead river up 
 to the bridge or in Upper and Lower Smelt brooks, on 
 west side of Sebattus pond, in Greene, or in Sebattus 
 river, in Webster, from outlet of Sebattus pond to the 
 
I* 
 
 second dam, or in the tributaries of Big Bear pond, 
 situated partly in Turner, in Androscoggin County. 
 
 It is also unlawful to fish at any time, for any kind 
 of fish, in the inlet streams of Squaw Pan lake, from 
 Thibadeau's landing to the source of the stream, or in 
 any of the tributaries to Madawaska lake, in Aroos- 
 took County. 
 
 It is also unlawful to fish at any time, for any kind 
 of fish, in any of the tributaries to Sabbath Day pond, 
 in New Gloucester, or in the tributaries to Sebago lake, 
 except Crooked and North West rivers, or in the tribu- 
 taries of Anonymous pond, in Harrison, or in Royal 
 river, from the Sabbath Day pond to Jordan's dam, or 
 in the tributaries to Thomas pond, in Raymond and 
 Casco, or in Greely brook and its tributaries, in Oxford, 
 Norway, and Otisfield, or in the tributaries to Hancock 
 pond, in Sebago and Denmark, in Cumberland County. 
 It is also unlawful to fish for any kind of fish, at 
 any time, in any of the tributaries to Lake Webb, in 
 Weld, except Alder brook, down as far as the mill dam 
 at Hildreth's mills, or in any of the tributaries to Tufts 
 and Duttons ponds, or the outlet of the same down to 
 Reid's falls, and from Tufts pond to Alder stream, or 
 in any of the tributaries to Rangeley lake, or in the 
 tributaries to Ross pond, or in Rangeley stream, from 
 tne lower wharf, at the outlet of Rangeley lake, down to 
 the dead water at the upper end of the eddy, or from 
 the upper end of the eddy to the mouth of Kennebago 
 stream, from July first to May first, or in Kennebago 
 stream between the foot of the falls near its mouth to 
 the upper falls at the outlet of the lake, between July 
 first and May first, or in Cupsuptic stream, tributary to 
 Cupsuptic lake, above the first falls near its mouth 
 between July first and May first, or in South Bog 
 stream up to the first quick water, from July first to 
 May first, or in the stream connecting Long pond and 
 Rangeley lake from July first to May first, or in Bemis 
 stream, tributary to Mooselucmaguntic lake, at any 
 time, or in Whetstone brook, which flows into Kenne- 
 bago stream, from the foot of the boulders, so called. 
 
17 
 
 in said stream, to the foot of the falls at the outlet of 
 Kennebago lake, at any time, or in Metalluc and Mill 
 brooks, which flow into the Upper Richardson lake, or 
 the tributaries to Wilton pond, in the town of Wilton, 
 at any time, or in the tributaries of Varnum and North 
 ponds in the towns of Temple and Wilton, or in any of 
 the tributaries to Clearwater pond, in the towns of 
 Farmington and Industry, or in the tributaries of Long 
 pond and Sandy river pond, lying wholly or in part in 
 Sandy River plantation, or in Lufkin pond, or its tribu- 
 taries, in the town of Phillips, at any time, or in the trib- 
 utaries to Four ponds, in Townships E and D, or in the 
 tributaries to Tim and Mud ponds, in Township 2, 
 range 4, W. B. K., or in Webb's river, above Goodwin 
 Brothers' mill dam in Carthage, or in all the waters of 
 Carrabasset river, and their tributaries, above or north- 
 erly or westerly of the bridges across said Carrabasset 
 river, and its branches or tributaries, or in Redington 
 and Houston brooks, so called, in the townships of 
 Crockertown, Mt. Abraham and Jerusalem, or in the 
 tributaries of Gilman pond, in New Portland and Lex- 
 ington, or in the tributaries of Sandy stream, in Car- 
 rying place, Highland and Lexington, or in the stream 
 connecting Dodge and Round ponds, or in the stream 
 between Round pond and Hunter cove, in Rangeley, in 
 Franklin County. 
 
 It is also unlawful to fish for any kind of fish, at any 
 time, in any of the tributaries to Noyes pond, in Blue- 
 hill, or in the tributaries to Green lake, in the towns of 
 Dedham and Ellsworth, or in the tributaries to Eagle 
 lake, in the town of Eden, or in the tributaries to Bub- 
 ble pond, sometimes called Turtle lake, on the island 
 of Mt. Desert, or in the tributaries to Jordan pond and 
 Long pond, or in the tributaries of Branch pond, some- 
 times called Nicolin lake, in the city of Ellsworth, 
 flowing into said pond or lake on the southwesterly side 
 thereof, including Wickempauw and Rocky pond brooks 
 and their tributaries, said streams being situated partly 
 in Ellsworth, Orland and Dedham, or in the outlet of 
 Nicatous lake, as far down as the head of Nicatous 
 
falls, or in said Nicatous lake for ioo feet up the lake 
 from the dam, and in all of the tributaries of said lake 
 except Gassabeas stream, or in the tributaries of 
 Phillips lake, in Dedham, in Hancock County. 
 
 It is also unlawful to fish at any time, for any kind 
 of fish, in any of the tributaries to any of the lakes or 
 ponds lying wholly or in part in the towns of Winthrop, 
 Monmouth, Litchfield, Manchester and Wayne, or in 
 the tributaries to Three Mile pond, partly in China, or 
 in any of the tributaries to McGraw, Ellis, East, North, 
 Great, Long, Little and Snow ponds, in the county of 
 Kennebec or Somerset. 
 
 Or in any of the tributaries to Dyers pond, in Jeffer- 
 son, in Lincoln County. 
 
 It is also unlawful to fish for any kind of fish, at any 
 time, in any of the tributaries to Anasagunticook lake, 
 or Whitney pond, in Canton and Hartford, or in the 
 tributaries to Little Bear pond, in Hartford and Turner, 
 or in the tributaries to Howard's pond, in Hanover, or 
 in Megalloway river or its tributaries between the mouth 
 of Little Megalloway river and the Berlin Mill Com- 
 pany's dam, or in the tributaries to lakes Pennesseewas- 
 see and Little Pennesseewassee, or in the tributaries 
 to Roxbury pond or Garland pond, or in Rapid river 
 from the Swing bridge, at the Oxford Club House, to 
 Lake Umbagog, or in the tributaries to Songo pond in 
 Albany, Sand and Pickerel pond in Denmark, Upper 
 Kezar pond in Stoneham and Lovell, in Oxford 
 County. 
 
 It is also unlawful to fish at any time for any kind 
 of fish in any of the tributaries to Lake Hebron, or the 
 tributaries to Twin Doughty pond in Monson, or the 
 tributaries to Ship pond and Bear pond in Elliottsville, 
 or in the brook that is the outlet of Garland pond in 
 Sebec, or in the tributaries to Lake Onawa, or in the 
 tributaries to Sebec lake, or the tributaries to Moose- 
 head lake, except Moose river, (the mouths of these 
 tributaries have been established by monuments by the 
 commissioners), or in any of the streams flowing into 
 
Ship pond stream in Willimantic and Bowerbank plan- 
 tation in Piscataquis County. 
 
 It is also unlawful to fish at any time for any kind 
 of fish in any of the tributaries to Dexter pond, in 
 Penobscot County. 
 
 It is also unlawful to fish for any kind of fish at any 
 time in Parlin or Lang streams, or in their tributaries, 
 or in the tributaries to Parlin or Lang pond, or in the 
 tributaries to Lake George, or in Basset brook and its 
 tributaries in Holden, or in Beaver brook, in Holden, or 
 in the brooks forming the outlet of Fish pond and Little 
 Fish pond and of Little Gulf stream and Big Gulf 
 stream, or in Wood stream, above its entrance into Big 
 Wood pond, or in the tributaries to Rowell pond in 
 Solon, and Smith pond in Cornville, or in the tribu- 
 taries of Hayden lake, in Madison, or in Mosquito 
 stream, so called, connecting Mosquito pond with 
 Moxie pond, or in the tributaries of Great Embden 
 pond, or Moose pond in Hartland and Harmony, or in 
 West outlet of Moosehead lake, or in so much of Tut- 
 tle brook in Athens as lies between its junction with 
 Corson stream, so called, and the northerly line of the 
 Poor Farm where it crosses Tuttle brook, in Somerset 
 County. 
 
 It is also unlawful to fish for any kind of fish at any 
 time in any of the tributaries to Canaan lake or the 
 tributaries to Lermond's or Alford's ponds, or in the 
 tributaries to Norton pond, and Crystal lake, in Knox 
 County. 
 
 It is also unlawful to fish for any kind of fish at any 
 time in any of the tributaries to lakes Narraguagus and 
 Lambert in Washington County. 
 
 It is also unlawful to fish for any kind of fish at any 
 time in any of the tributaries of Bonny Beg pond, in 
 Sanford and North Berwick, York County. 
 
 (Note. — What are the tributaries to a lake or pond? 
 One lake or pond is not a tributary to another lake or 
 pond, within the meaning of the law. "Tributary/' 
 taken in its ordinary meaning, means "paying tribute to" 
 —"serving to increase"— in geography, "a stream which 
 
J<> 
 
 contributes to another body of water," — "a branch or 
 affluent," — from which it follows that the tributaries to 
 a lake or pond are all of its contributary streams, but 
 not another lake or pond.) 
 
 Special Regulations as to the Manner of Fishing 
 and Number of Fish, or Number of Pounds of Fish 
 that May Be Taken in One Day, in Certain 
 Ponds, Lakes and Streams. 
 
 It shall be unlawful under the same penalty to fish 
 for, catch, or kill any fish in Q nimby pond in the town 
 of Rangcley, except in the ordinary way of angling with 
 rod and artificial flies, between sunrise and sunset of 
 each day, from the fifteenth day of May to the first day 
 of October; and no person shall take more than twelve 
 fish in said pond in any one day, nor more than twenty- 
 five fish in any one day in Four ponds in Townships E 
 and D, or fish except with artificial flies, in South Bog 
 stream and pool, so called, waters connected with Range- 
 ley lake, or in Seven ponds, so called, or take, catch, or 
 kill more than twenty-five trout from Tim and Mud 
 ponds, in Township 2, range 4, W. B. K. P., or from 
 Tufts and Dutton ponds in the same township in any 
 one day, or take from the waters of Varnum or North 
 pond in the towns of Temple and Wilton, and Clear- 
 water pond in the towns of Farmington and Industry, 
 more than three trout, togue, and land-locked salmon in 
 all, in any one day. It shall be unlawful to fish for or 
 catch pickerel in Three Mile pond in China, Windsor, 
 and Vassalboro, except on Saturdays of each week, for 
 consumption in the family of the person taking such 
 fish ; or to take any black bass, pickerel, or any other 
 fish from the Lower Kezar pond and its tributaries, in 
 the county of Oxford, for the purpose of selling the 
 same (but any person may take twenty pounds of fish in 
 one day from said Lower Kezar pond, but shall not 
 transport the same, except in possession of the owner) ; 
 or to fish for, take, or catch any fish, from Ward's 
 brook, Ward's pond, and Walker's pond, so called, in 
 Oxford county, except between the first day of May 
 
and August of each year, or to fish therein except with 
 rod and single line and artificial flies; or to fish for, 
 catch, or kill any fish in Ellis river and its tributaries, 
 situated in Andover, Andover West, North Surplus, 
 and Roxbury, in Townships C and D, in Oxford and 
 Franklin counties, except on Tuesdays, Thursdays, and 
 Saturdays, during the months of May, June, and July, 
 and to the fifteenth day of August ; or in Ship Pond 
 stream above Buck's falls ; or in Little Huston pond, in 
 Katahdin Iron Works Township, except with artificial 
 flies; or to fisn for, take, catch, or kill any blue back- 
 trout in any of the waters of the State at any time ; or 
 to fish in Grassy pond in the towns of Hope and Rock- 
 port at any time within five years from the approval of 
 this act. 
 
 Bait Fish and Smelts. 
 
 Sect. 6. It shall be lawful, however, to take minnows 
 and other bait fish commonly used for live bait for one's 
 own use in fishing in any of the closed streams, and 
 smelts may also be taken in these streams for consump- 
 tion in one's own family, and to take bait fish in Dead 
 river, in Greene, from Sebattus pond to where the East 
 and West branches come together, during the months 
 from May first to December first of each year. 
 
 It is unlawful to fish for any kind of fish on Sunday, 
 from the second to the third dam on Sebattus river, in 
 Webster. 
 
 It is also unlawful to fish for, catch or kill any kind 
 of fish in Dodge and Round ponds, and in that part 
 of Hunter cove above the bridge crossing the same, 
 except by casting flies or trolling in the ordinary man- 
 ner, the last named waters being in the town of Range- 
 ley, and the fishing for. catching or killing any fish from 
 the bridge crossing said Hunter cove at any time, 
 except from the time the ice leaves Rangeley lake to 
 June 1st of each year, is unlawful. 
 
 It is also unlawful for any person to catch more than 
 five pickered in Lake Webb, in one day, in Franklin 
 County, or more than 15 trout and land-locked salmon 
 
in all from Tufts, Dutton and Grindstone ponds, in one 
 day. 
 
 It is also unlawful to fish between sunset and daylight 
 from the fifteenth of August to the first day of October 
 in the Pool below the upper dam at the outlet of Moose- 
 lucmaguntic lake, in Oxford County. 
 
 It is also unlawful for a person to take, catch or kill 
 in one day, more than 40 trout in Butler pond, in Lex- 
 ington and King-field, and in the tributaries of Gilman 
 pond, in New Portland and Lexington, and the tribu- 
 taries to Sandy stream, in Carrying Place, Highland 
 and Lexington, in Somerset County. 
 
 Penalty for violation of any of the above provisions is 
 hot less than $10.00 nor more than $30.00, and $1.00 
 additional for every fish caught. 
 
 Prohibited Devices in Fishing. 
 
 Sects. 6-8. It is unlawful to use in fishing any fish 
 spawn, grapnel, spear, trawl, weir, seine, trap, or set 
 lines, (except when fishing through the ice, and then 
 with not more than 5 set lines in the day time), or 
 dynamite, or other explosive or any poisonous or stu- 
 pefying substance, or with any device or in any other 
 way than by the ordinary mode of angling with sing 1 e 
 baited hooKS and lines, artificial flies, artificial minnows, 
 spoon hooks and spinners. Penalty not less than $10.00 
 nor more than $30.00 and $100.00 and two months' im- 
 prisonment for using dynamite or other explosives. 
 When any of the prohibited implements or devices are 
 found in use the person finding them may destroy them. 
 
 (Note.— It is lawful to use a dip or landing net to 
 land your fish after you have caught it.) 
 
 Twenty-Five Pounds of Fish. 
 Sect. 7. A person or corporation cannot transport 
 more than 25 pounds of trout, land-locked salmon, 
 togue and white perch in all at one time, as the 
 property of one person, nor can they be transported 
 except in the possession of the owner and accompanied 
 by him, plainly labelled with his name and address. 
 
23 
 
 Nor can any person in one day, catch, or have in pos- 
 session, more than 25 pounds of all kinds of these fish ; 
 and all fish had in possession or being transported in 
 violation of law is liable to seizure and shall be deemed 
 to have been taken in violation of law. You may take 
 or have one fish additional, no matter how much he 
 weighs, when having less than 25 pounds. Penalty for 
 violation of this section, $50.00, and $1.00 for each fish. 
 Sect. 26. A person may purchase a tag and send ten 
 pounds or one fish home without accompanying it. 
 
 Sect. 9. Whoever introduces fish of any kind into 
 any of the waters of the State by means of live fish or 
 otherwise, except upon written permission of the com- 
 missioners of inland fisheries and game, shall forfeit not 
 less than fifty dollars nor more than five hundred dol- 
 lars. The having in possession of any jack light, spear, 
 trawl, or net, other than a dip net, in any camp, lodge, 
 or place of resort for hunters or fishermen, in the 
 inland territory of the State, shall be prima facie evi- 
 dence that the same are kept for unlawful use ; and they 
 may be seized by any officer authorized to enforce the 
 inland fish and game laws. Whoever is convicted of 
 having any of the above named implements in his pos- 
 session unlawfully as aforesaid, shall be fined fifty dol- 
 lars and costs of prosecution. 
 
 Length of Fish that May Be Taken. 
 Sect. 46. No land-locked salmon less than nine 
 inches in length or trout less than five inches shall be 
 caught. Penalty, $5.00 and 50 cents for each fish. 
 Whoever has short fish in their possession shall be 
 deemed to have taken them illegally. 
 
 Nets. 
 Private and Special Laws, Ch. 191, 1899. Inhabi- 
 tants of the State may use drift nets, the meshes of 
 which shall not be less than 2 Ms inches, to catch salmon 
 for their own consumption, from 6 P. M. on Thursday 
 to 6 P. M. on Saturday of each week, from the Water 
 Works dam at Bangor to the mouth of the Seboeis river 
 
24 
 
 on East Branch of Penobscot, during open season, but 
 not within 300 yards of any mill race or dam. If in the 
 judgment of the commissioners, this privilege is abused 
 or is detrimental, they may suspend its operation. 
 
 Sporting Camp Proprietors, Professional Hunters, 
 Taxidermists, Dealers in Deer Skins, Retail 
 Dealers in Deer Meat, and Guides Must Be 
 Licensed. 
 
 Sect. 29. Every person who keeps a sporting camp, 
 lodge, or place of resort, for inland fishing and hunting 
 parties, must procure a license of the commissioners, 
 annually. Fee, $5.00. Penalty, $100.00 and costs. 
 They are authorized to purchase for consumption in 
 these places, deer lawfully killed, but must keep a 
 record of whom purchased, and the date when pur- 
 chased, and report annually to the commissioners. 
 
 (Note. — It has been erroneously claimed that a per- 
 son keeping a sporting camp or lodge in an organized 
 township is not required to have a license. This is 
 error. Every person who keeps a camp, lodge, or place 
 resorted to by inland fishing or hunting parties is 
 required to procure a license, but this does not apply 
 to one's own private camp or lodge, but to those only 
 who entertain fishermen or hunters for profit; a person 
 having several outlying camps and but one home or 
 main camp requires but one license.) 
 
 Sect. 29. Every person who engages in the business 
 of hunting or trapping any of the fur bearing animals 
 of the State, in any unorganized township or wild lands 
 shall annually procure a license of the commissioners, 
 and shall report when called upon by the commission- 
 ers. Fee. $5.00. Penalty, $100.00 and costs. 
 
 (Note. — This does not, as has been claimed, prevent 
 the "small boy," or the "big boy," or anybody's boy, or 
 anybody else, from hunting, trapping, or killing bears, 
 foxes, muskrats, mink, or any other fur bearing animal 
 in any organized township of the State J 
 
 Sect. 14. The commissioners may license suitable 
 persons as taxidermists. Fee, $5. 00. They may also 
 
license suitable persons whose number shall not exceed 
 10 at any one time to kill, capture and have in posses- 
 sion any species of birds other than domestic, and the 
 eggs and nests thereof for scientific purposes, but they 
 cannot sell, or offer for sale, specimens so taken. Fee, 
 $5.00. Penalty, not less than $10.00 nor more than 
 $50.00. This does not authorize the killing of any bird 
 on Sunday. 
 
 Game, birds and fish may be sent to such licensed 
 taxidermists, without the owner accompanying the 
 same, by being tagged with a tag procured of the com- 
 missioners. 
 
 (Note. Tags or licenses to kill one deer in Septem- 
 ber for food purposes, to send fish, game or birds, with- 
 out the owner going with them, under the provisions 
 of sections 21 and 26, may be procured of tbp commis- 
 sioners, or their duly authorized agents in the various 
 fishing and hunting localities.) 
 
 Marketmex and Provision* Dealers. 
 
 Sect. 27. Any marketman or provision dealer hav- 
 ing an established place of business may be licensed to 
 purchase and have in his place of business, and retail 
 the same to his local customers, deer lawfully killed, 
 but he cannot have more than three or parts thereof at 
 any one time. Fee, $5.00 annually in cities and towns 
 of over 3.000 inhabitants and $3.00 in all other places, 
 or they may pay 50 cents for each deer retailed. On 
 December fifteenth of each year shall make report to 
 the commissioners under oath, of the name and resi- 
 dence of each person of whom they purchased deer, 
 and the date of purchase. Penalty, $100.00 and costs. 
 
 (Note. — Some marketmen in one or two localities are 
 reported to be greatly incensed at this provision. There 
 is unmistakably a growing sentiment throughout the 
 country against any marketing of game or birds. Market- 
 men and provision dealers have a complete monopoly of 
 it in Maine. Should they not therefore contribute 
 something for the game interests? Being required to 
 1 
 
26 
 
 keep a record of whom they make their purchases pro- 
 hibits the pot or market hunter from supplying them.) 
 Sect. 28. The commissioners may license suitable 
 persons to buy and sell or tan deer skins lawfully taken. 
 Such licensed person shall keep a record of all deer 
 skins purchased, of whom purchased and the date of 
 purchase, and report to the commissioners annually. 
 Fee, $5.00. Penalty, $100.00 and costs. 
 
 Registration of Guides. 
 
 Sect. 30. Any person who engages in the business 
 of guiding must be registered annually. Fee, $1.00 for 
 residents and $20.00 for non-residents. They must 
 apply either personally or in writing to the commis- 
 sioners, and make a report when required. Penalty, 
 $50.00 and costs. 
 
 (Note. — What is it to engage in the business of guid- 
 ing? These words, "engage," "business," and "guid- 
 ing," must be given their ordinary meaning obviously; 
 "to engage" in anything, means to "procure or secure" 
 for some special purpose, as to engage in business, 
 trade, engage in a business or pursuit. 
 
 "Business" means a pursuit or occupation that em- 
 ploys or requires energy, time, thought, profession, call- 
 ing, attention, application, accuracy, method, punctuality 
 fidelity and dispatch are the principal qualities required 
 for the efficient conduct of business. 
 
 "Guide, guided, guiding." The meaning of the word 
 "guiding" has come to be so well understood that no 
 definition need here be given.) 
 
 Sect. 30. An official badge may be prepared for 
 guides by the commissioners. For cause shown, after 
 due notice and hearing, any license may be revoked, and 
 the commissioners may refuse to issue a license to any- 
 one who in their judgment is not suitable. If a guide 
 is convicted of any violation of the inland fish and game 
 laws, the commissioners are authorized to strike his 
 name off the list. 
 
 Sect. 31. All licenses expire December 31st of each 
 year, and all fees received for licenses are paid to the 
 
21 
 
 State treasurer and expended for the benefit of the fish 
 and game. 
 
 (Note. — Guides make a mistake that they do not 
 adopt a badge.) 
 
 S.ect. 16. There is a bounty paid by the State of 
 $5.00 for every wolf and $2.00 for every wildcat killed 
 in the State. 
 
 Mink, Sable, Muskrat, Fisher and Beaver. 
 
 Sect. 15. Close time on mink, sable, muskrat and 
 fisher is from May first to October fifteenth. Penalty 
 for each animal destroyed in close time, $10.00; except 
 mink may be killed around fish hatcheries at any time, 
 and muskrats in Lily pond, in Rockport and Camden, 
 or wherever they injure any canal, ditch, lawful dam 
 or cranberry bog. 
 
 Absolute close time all the time on beaver. Penalty, 
 $100.00. 
 
 Wardens, Their Appointment and Duties. 
 
 Sect. 47. Are appointed by the governor and coun- 
 cil, on recommendation of the commissioners and hold 
 office three years unless sooner removed. Must give 
 bond in $2,000 with two good sureties. Sheriffs, deputy 
 sheriffs, police officers and constables are wardens. 
 They may serve all processes pertaining to the collec- 
 tion of penalties and all criminal processes for violation 
 of the fish and game laws. Sea and shore fish wardens 
 can be appointed inland fish and game wardens with- 
 out additional bond. 
 
 (Note. — Complaints have been made that some dis- 
 reputable fellows have falsely assumed to be wardens. 
 A warden can at any time show his authority; no 
 others should be recognized as such.) 
 
 Search and Seizure of Game and Birds. 
 
 Sect. 49. The commissioners and wardens are 
 
 required to enforce all inland fish and game laws, and 
 
 are authorized to seize any game or fish or gc.me birds 
 
 taken or held in violation of law, and have full power, 
 
28 
 
 and it is their duty, with or without a warrant, to arrest 
 any person whom they have reason to believe guilty of 
 a violation thereof, and, with or without a warrant, to 
 open, enter, and examine all camps, wagons, cars, 
 stages, tents, packs, stores, warehouses, storehouses, 
 outhouses, stables, barns and other places, and to exam- 
 ine all boxes, barrels, and packages where he has reason 
 to believe any game or fish taken or held in violation 
 of this act, is to be found, and to seize the same ; pro- 
 vided, however, that a dwelling house actually occupied 
 can be entered for examination, only in pursuance of a 
 warrant, or to make an arrest. 
 
 Penalties — How Recovered and Definitions. 
 Sect. 50. Any officer authorized to enforce the in- 
 land fish and game laws may recover the penalties for 
 the violation thereof in an action on the case in his own 
 name, the venue to be as in other civil actions, or by 
 complaint or indictment in the name of the State; and 
 such prosecution may be commenced in the county in 
 which the offence was committed, or in any adjoining 
 county, and the plaintiff prevailing shall recover full 
 costs without regard to the amount recovered. The 
 term "game birds" as used in this act shall be con- 
 strued to mean the ruffed grouse, or partridge, all spe- 
 cies of the pheasant, woodcock, snipe, plover, quail, and 
 all ducks enumerated in this act ; and the term "game 
 animals" shall be construed to mean moose, caribou, 
 and deer. 
 
 Officers May Arrest Without Warrant. 
 Sect. 51. Any officer authorized to enforce the 
 inland fish and game laws may, without process, arrest 
 any violator of any of said laws, and shall with reason- 
 able diligence, cause him to be taken before any trial 
 justice or any municipal or police court, in the county 
 where the offence was committed, or in any adjoining 
 county, for a warrant and trial. Jurisdiction in such 
 cases is hereby granted to all trial justices and all other 
 courts to be exercised in the same manner as if the 
 
offence had been committed in that county; and any 
 officer who shall maliciously, or without probable cause, 
 abuse his power in such proceedings shall be liable upon 
 complaint or indictment, to a fine not exceeding one 
 hundred dollars, or imprisonment not exceeding three 
 months. 
 
 Jurisdiction of Courts. 
 Sect. 52. In all prosecutions under this chapter and 
 the amendments and additions thereto, municipal and 
 police judges and trial justices within their counties 
 have, by complaint, original and concurrent jurisdiction 
 with the supreme judicial and superior courts. 
 
 Disposition of Fines and Penalties. 
 
 Sect. 53. Any officer or other person who shall re- 
 ceive any fine or penalty, or any part thereof, for the 
 violation of any fish or game law, and shall neglect for 
 more than thirty days to pay the same into the State 
 treasury, shall be punished by a fine of not less than 
 fifty, nor more than one hundred dollars ; all fines and 
 penalties recovered, or money paid, under any of the 
 provisions of this chapter and the amendments and 
 additions thereto, shall by the person receiving the same, 
 be paid forthwith to the treasurer of the State, after 
 deducting legal taxable costs; and such money so re- 
 ceived by said treasurer shall be expended by the com- 
 missioners of inland fisheries and game for the protec- 
 tion of the fish and game of the State. 
 
 Service on Corporations, How Made. 
 
 Sect. 54. In case of a violation of any of the pro- 
 visions of this chapter by a corporation, the warrant of 
 arrest may be served by an attested copy served on the 
 president, secretary, or manager in this State, or any 
 general agent thereof in the county where the action is 
 pending, and upon return of such warrant so served, 
 the corporation shall be deemed in court and subject to 
 the jurisdiction thereof, and any fine imposed may be 
 collected by execution against the property of such cor- 
 poration ; but this section shall not be deemed to ex- 
 empt any agent or employe from prosecution. 
 
30 
 
 Penalty for Dishonest Licensee. 
 
 Sect. 55. If the holder of any license, certificate, or 
 permit, issued in conformity with any of the provisions 
 of this chapter, shall persistently or flagrantly and 
 knowingly violate or countenance the violation of any 
 of the provisions of this chapter, such license, certifi- 
 cate, or permit may be revoked by the commissioners, 
 after cue notice given of the alleged violation, and an 
 opportunity afforded to appear and show cause against 
 the same. 
 
 Duty of County Attorneys. 
 
 Sect. 56. It shall be the duty of each county attor- 
 ney to prosecute all violations of this chapter occurring 
 within his county, when such cases may come to his 
 knowledge, or when he may be so requested by the com- 
 missioners or any officer charged with its enforcement, 
 the same at all times to be subject to the supervision 
 and control of the commissioners. In any prosecution 
 under this chapter, any participant in a violation there- 
 of, when so requested by the county attorney, commis- 
 sioners, or other officer instituting the prosecution, may 
 be compelled to testify as a witness against any other 
 person charged with violating the same, but his evidence 
 so given shall not be used against himself in any prose- 
 cution for such violation. It shall be the duty of every 
 justice of the peace and clerk of the court before whom 
 any prosecution under this act is commenced, or shall 
 go on appeal, within twenty days after the trial or dis- 
 missal thereof, to report in writing the result thereof 
 and the amount of fines collected, if any, and the dis- 
 position thereof to the commissioners, at Augusta. In 
 all cases, the officer making the seizure or sale of fish, 
 game, or birds, shall within ten days thereafter, report 
 all the particulars thereof and an itemized statement of 
 the proceeds, expenses, and fees, and the disposition 
 thereof to the commissioners, at Augusta. Every war- 
 den shall, in the month of December of each year, and 
 at such other times as the commissioners may require, 
 report to the commissioners all violations of, and prose- 
 
3i 
 
 cutions under this act, occurring in his district, together 
 with such further information as the commissioners 
 may require. The failure of any person or officer to 
 perform any act, duty, or obligation enjoined upon him 
 by this act, shall be deemed a violation thereof. 
 
 Commissioners of Inland Fisheries and Game — 
 Their Appointment, Powers and Duties. 
 
 Sec. 32. There are three of them, one of whom shall 
 be the land agent. They are appointed by the gover- 
 nor, and hold office for three years and until their suc- 
 cessors are appointed and qualified, except the land 
 agent, whose term of office remains as long as he is 
 land agent. They shall receive $1,000 annually and 
 actual travelling expenses, to be audited by the gover- 
 nor and council, except the land agent, who receives 
 $200 in addition to his salary as land agent, and actual 
 travelling expenses. They shall be provided with an 
 office in the State capitol, with suitable furniture, sta- 
 tionery, and other facilities for the transaction of the 
 business of the department, and they may appoint a 
 clerk at a salary not exceeding five hundred dollars per 
 annum. 
 
 Sec. 33. They must examine dams and other obstruc- 
 tions in all rivers and streams, and determine the neces- 
 sity of fishways, and the location, form and capacity 
 thereof ; and shall introduce and disseminate valuable 
 species of food fish into the inland waters of the State, 
 and valuable food birds into the State. They shall ex- 
 amine into the workings of the inland fish and game 
 law-;, see that all violations thereof are duly prosecuted, 
 and perform all other duties .prescribed by law. They 
 shall annually on or before the 31st day of December, 
 report to the governor. 
 
 Sec. 34. They have authority with or without a 
 petition, after notice and public hearing, in the locality 
 to be affected, to "regulate the times and places in 
 which and the circumstances under which game and 
 inland fish may be taken," for a period not exceeding 
 four years. They may entirely prohibit the taking of 
 
the same in any locality for the same length of time. 
 They may adopt and, from time to time, modify or re- 
 peal such needful rules and regulations, not contrary to 
 the laws of the State, as they may deem necessary or 
 proper for the protection and preservation of the game 
 and inland fish of the State, in conformity with the pro- 
 visions of the last two preceding sections. They shall 
 file, in the office of the clerks of the cities, towns, and 
 plantations in the territory to be affected, a copy of the 
 rules and regulations adopted by them, and publish the 
 same three weeks successively in a newspaper printed 
 in the county, and post on the banks of waters to be 
 affected, as nearby as may be like notices ; and when- 
 ever any such rules or regulations apply to any unor- 
 ganized township, a like copy shall be filed with the 
 clerk of courts for that county and published three 
 weeks successively in a newspaper printed lr. the 
 county ; they shall also immediately upon the adoption 
 of any rules and regulations contemplated by this act, 
 file an attested copy of the same in the office of the sec- 
 retary of State. 
 
 Sees. 35-36. Penalty for taking fish or game in viola- 
 tion of the rules and regulations of the commissioners 
 is the same as taking them in violation of the statutory 
 law. 
 
 Sec. 37. These rules and regulations must be posted, 
 in the locality to be affected, by the commissioners, and 
 the penalty is $50 for anyone who shall destroy them, — 
 one-half to the prosecutor. 
 
 Sec. 38. They may take fish and game when and 
 where and in such manner as they choose for the pur- 
 poses of science, cultivation and dissemination, and may 
 grant permits to other persons for the same purpose. 
 They may introduce any kind of fish into any waters, 
 or permit the same to be done. They have authority 
 to grant permits to take moose, caribou, deer, and birds 
 for park purposes in this State, under such rules and 
 regulations as they shall establish. They may, upon 
 petition of 10 taxpayers, adopt rules and regulations to 
 prevent the destruction of spawning beds of fish. Pen- 
 
23 
 
 alty for violation of these rules and regulations $50. 
 They may screen the outlet of any pond or lake, or 
 authorize it to be done, under such conditions as may 
 seem to them just. 
 
 Fish ways. 
 Sect. 3Q. The owner or occupant of every dam or 
 other artificial obstruction in any river or stream fre- 
 quented by salmon, shad, alewives, or land-locked salm- 
 on, shall provide the same with a durable and effi- 
 cient fishway, of such form and capacity, and in such 
 location as may, after notice in writing to one or more 
 of said owners or occupants and a hearing thereon, be 
 determined by the commissioners of inland fisheries 
 and game by written notice to some owner or occupant 
 specifying the location, form, and capacity of the re- 
 quired fishway. and the time within which it shall be 
 built ; and said owner or occupant shall keep said fish- 
 way in repair, and open and free from obstruction for 
 the passage of fish, during such times as are prescribed 
 by law ; provided, however, that in case of disagree- 
 ment between said commissioners and the owner or oc- 
 cupant of any dam, as to the propriety and safety of the 
 plan submitted to the owner or occupant of such dam 
 for the location and construction of the fishway, such 
 owner or occupant may appeal to the county commis- 
 sioners of tlie county where the dam is located, within 
 twenty days after notice of the determination, to the 
 commissioners of inland fisheries and game by giving to 
 the latter named commissioners notice in writing of such 
 appeal within that time, stating therein the reasons 
 therefor ; and at the request of the appellant or the 
 commissioners of inland fisheries and game the senior 
 commissioners in office of any two adjoining counties 
 shall be associated with them, who shall appoint a time 
 to view the premises and hear the parties and give due 
 notice thereof, and after such hearing they shall decide 
 the question submitted, and cause record to be made 
 thereof, and their decision shall be final as to the plan 
 and location appealed from. If the requirements of the 
 commissioners of inland fisheries and game are affirmed, 
 
34 
 
 the appellants shall be liable for the costs arising after 
 the appeal, otherwise they shall be paid by the county. 
 If a fishway thus required is not completed to the satis- 
 faction of the commissioners of inland fisheries and 
 game within the time specified, every owner or occu- 
 pant shall forfeit not more than one hundred nor les^ 
 than twenty dollars for every day of such neglect be- 
 tween the first days of May and November. On the 
 completion of a fishway to the satisfaction of the com- 
 missioners of inland fisheries and game, or at any sub- 
 sequent time, they shall prescribe in writing the time 
 during which the same shall be kept open and free from 
 obstruction to the passage of fish each year, and a copy 
 of such writing shall be served on the owner or occu- 
 pant of the dam. The commissioners of inland fisher- 
 ies and game may change the time as they see fit. 
 Unless otherwise provided, fishways shall be kept open 
 and unobstructed from the first day Of May to the fif- 
 teenth day of July. The penalty for neglecting to com- 
 ply with this section, or with any regulations made in 
 accordance herewith, is not less than twenty nor more 
 than one hundred dollars for every day of such neglect. 
 Sect. 40. Whenever the commissioners of inland 
 fisheries and game find a fishway out of repair or need- 
 ing alterations, they may, as in the case of new fish- 
 ways, require the owner or occupant to make such re- 
 pairs or alterations ; and all proceedings in such cases 
 and the penalty for neglect shall be as provided in the 
 three preceding sections, without appeal. If the dam 
 is owned and occupied by more than one person, each 
 is liable for the cost of erecting and maintaining such 
 fishway, in proportion to his interest in the dam, and 
 if any owner or occupant neglects or refuses to join 
 with the others in erecting or maintaining such fishway, 
 the other owners or occupants shall erect or repair the 
 same, and have an action on the case against such delin- 
 quent for his share of the expenses. If the owner or 
 occupant of such dam resides out of the State, said pen- 
 alties may be recovered by a libel against the dam and 
 land on which it stands, filed in the supreme judicial 
 
35 
 
 court in the county where it is located, in the name of 
 the commissioners of inland fisheries and game or of 
 any fish wardens who shall give to such owner or occu- 
 pant, and all persons interested therein, such notice as 
 the court or any justice thereof in vacation, orders, and 
 the court may render judgment therein, against said 
 dam and lands for said penalties and costs, and order 
 a sale thereof to satisfy such judgment and costs of 
 sale, subject, however, to all said requirements for the 
 erection and maintenance or repair of said fishway. The 
 commissioners of inland fisheries and game may dele- 
 gate to any fish warden or other lawful officer of fish- 
 eries any of the powers given to said commissioners in 
 relation to the construction of fishways. 
 
 Sect. 41. The following waters and their tributa- 
 ries are exempt from the provisions relating to migra- 
 tory fishes and the supervision of the fishways by the 
 commissioners ; that is to say, Royall river in North 
 Yarmouth, Sewall's pond or its outlet in Arrowsic, so 
 much of the waters of the Damariscotta river as are 
 west of the railroad bridge near Damariscotta mills, all 
 waters in Vinalhaven, Tremont, Mount Desert, Eden, 
 Franklin, and Sullivan, Pleasant river in Washington 
 county, East Machias river, and the Eastern Penobscot 
 river in Orland. Little river in Perry shall be exempt 
 from all the foregoing provisions that relate to main- 
 taining fishways in said river, except during April, May 
 and June. 
 
 Sect. 42. For the purposes of this chapter, the term 
 "salmon" means the common migratory salmon of the 
 sea coast and rivers ; the term "land-locked salmon" 
 means any of the species or varieties of salmon that do 
 not periodically and habitually run to the sea. being the 
 same locally known as "salmon trout" and "black 
 spotted trout:" the term "alewife" means the small 
 species of migratory fish called "alewife" but known 
 also by the local names of "herring" and "gaspereau," 
 and also includes the similar species found in tidal 
 waters and known as "blue-back;" and the term "bass" 
 means the striped bass of tidal waters. 
 
"Trout" means fresh water fish, and not Labrador 
 trout. 87 Me., 498. 
 
 Sect. 43. The provisions of this chapter so far as 
 they relate to fish apply to the taking of the same in all 
 fresh waters above the flow of the tide and in all tidal 
 waters frequented by the various species of fresh water 
 and migratory fishes, except to the capture of shad and 
 alewives in Denny's river and its tributaries, Pem- 
 maquam river and its tributaries, and the Schoodic 
 lakes and their tributaries, and to the taking of white 
 hsh in the Schoodic lakes on the St. Croix river and 
 their tributaries, by citizens of the State with set nets, 
 during the months of May and November, and convey- 
 ing them to their own homes, but not otherwise. This 
 chapter does not apply to fish taken in the weirs on 
 St. Croix river, and does not repeal the laws relating 
 to the St. Croix, Denny's, Pemmaquam, Cobscook, 
 East Machias, and Narraguagus rivers ; nor does it 
 apply to the taking of blue-back trout; except that no 
 person shall fish for, catch, take, kill, or destroy the 
 same, with net, seine, weir, or trap, under a penalty of 
 five dollars for the attempt, and one dollar for each 
 blue-back trout so taken, caught, killed, or destroyed, 
 to be recovered by complaint. 
 
 Artificial Culture of Fish by Private Persons. 
 Sect. 44. Any riparian proprietor may, within the 
 limits of his own premises, inclose the waters of a 
 stream not navigable, for the cultivation of useful fishes ; 
 provided that he furnishes suitable passages for migra- 
 tory fishes naturally frequenting such waters, and does 
 not obstruct the passage of boats and other craft and 
 materials, in places where the same have a right to pass. 
 Any person legally engaged in the artificial culture and 
 maintenance of fishes, may take them in his own en- 
 closed waters wherein the same are so cultivated and 
 maintained, as and when he pleases, and may at all 
 times sell them for cultivation and propagation ; but he 
 shall not sell them for food at seasons when the tak- 
 ing thereof is prohibited, under a penalty of not less 
 
than ten nor more than one hundred dollars, and a fur- 
 ther penalty of not less than one dollar for each fish 
 so sold. Any person engaged in the artificial propaga- 
 tion of trout, or fresh and salt water salmon, when the 
 parent fish are taken from the public waters in the State, 
 shall retain not less than twenty-five per cent of all eggs 
 taken from said parent fish, and shall cause the same to 
 be properly cared for and hatched, and, when hatched 
 and in proper condition, to be returned to a place suit- 
 able for such young fish in the original waters from 
 which the parent fish were taken, and shall cause said 
 parent fish to be returned to safe locations in such 
 waters, under a penalty of not less than fifty nor more 
 than five hundred dollars for each offence. But this 
 section does not apply to cases in which the parent fish 
 are taken in the manner and at the time and place per- 
 mitted for the capture of such fish for food ; nor to 
 operations in fish culture conducted for public purposes 
 by permission of the commissioners of fisheries, who 
 may affix such conditions to their permits as they see 
 fit, requiring in no case, however, less than twenty-five 
 per cent of the young fish to be returned, as provided in 
 this section. 
 
 Sect. 45. No person without permission of the pro- 
 prietor, shall fish in that portion of a pond or other 
 water in which fish are artificially cultivated or main- 
 tained by written permission of the fish commissioners, 
 under a penalty of not less than ten nor more than one 
 hundred dollars, besides two dollars for each fish so 
 taken or killed ; and, in default of payment, such offend- 
 er shall be imprisoned at the expense of the prosecutor, 
 until said forfeiture is paid or otherwise discharged by 
 due process of law. 
 
38 
 
 PROTECTION OF FORESTS. 
 
 Fire. 
 1885, c. 337, § 15. Whoever kindles a fire on land 
 not his own, without consent of the owner, forfeits ten 
 dollars ; if such fire spreads and damages the property 
 of others, he forfeits not less than ten nor more than 
 five hundred dollars, and in either case he shall stand 
 committed until fine and costs are paid, or he shall be 
 imprisoned not more than three years. 
 
 Fish and Game Wardens, Fire Wardens. 
 
 1891, c. 108. Fish and game wardens are hereby 
 made State fire wardens, and it shall be their duty 
 while in and about the woods, to caution all sports- 
 men of the danger from fires in the woods, and to 
 extinguish all fires left burning by any one, if within 
 their power ; and to give notice to any and all parties 
 interested when possible, of fires raging and beyond 
 their control, to the end that the same may be controlled 
 and extinguished. 
 
 1891, c. 100, § 3. The selectmen of towns shall be, ex- 
 officio, forest fire wardens therein and shall divide said 
 towns into three districts, bounded as far as may be by 
 roads, streams of water, or lot lines, and assign to each 
 of their number the charge and oversight of one district 
 as district fire wardens therein. A description of each 
 district and the name of the fire warden thereof shall 
 be recorded with the town clerk. The services of such 
 selectmen acting as said fire wardens, shall be paid for 
 at the same rate as is paid for their official services. 
 It shall be the duty of the fire warden of the district in 
 which a fire is discovered to take such measures as 
 may be necessary for its control or extinction. For 
 this purpose he shall have authority to call upon any 
 persons in the territory in which he acts for assistance, 
 
39 
 
 and such person shall receive such compensation not 
 exceeding fifteen cents per hour as said selectmen may 
 determine, the same to be paid by the town. But no 
 town shall be holden to pay for extinguishing forest 
 fires in any year an amount greater than two per cent 
 upon its valuation for purposes of taxation. If any 
 person so ordered to assist, and not excused from said 
 service by said forest fire warden on account of sick- 
 ness, disability or some important business or engage- 
 ment, shall neglect to comply with any such order he 
 shall forfeit the sum of ten dollars, to be recovered in 
 an action of debt in the name and to the use of the 
 town, by the treasurer thereof. 
 
 Sect. 4. County commissioners of each county in 
 which there are unorganized places shall annually 
 appoint, such number of fire wardens as they deem 
 necessary not exceeding ten, for all such unorganized 
 places in any county, whose duties and powers shall 
 be the same with respect to such unorganized places 
 as those of the fire wardens of towns, and they shall 
 also have the same authority to call out citizens of 
 the county to aid them in extinguishing fires, that 
 town fire wardens have to call out citizens of the town. 
 The compensation of such fire wardens shall be paid 
 by the county, and the compensation of persons called 
 upon by them as aforesaid, to render aid, shall be the 
 same as that provided in the case of towns and shall 
 be paid one-half by the county and one-half by the 
 owners of the lands on which said fires occur. 
 
 Sect. 5. Any person who shall build a camp or 
 cooking fire in or adjoining any woods in this State, 
 shall, before leaving such camp, totally extinguish such 
 fire, and upon failure to do so, such person shall be 
 deemed guilty of a misdemeanor, and upon convic- 
 tion thereof shall be punished by a fine not exceeding 
 one hundred dollars, or by imprisonment in the countv 
 jail not exceeding one month or by both such fine and 
 imprisonment, provided, that such fires built upon the 
 sea beach in such situation that they can not spread 
 
into forest wood or cultivated lands or meadows, shall 
 not be construed as prohibited by this act. 
 
 Sect. 8. It shall be the duty of municipal officers in 
 towns, and county commissioners, the latter with 
 respect to unorganized places, to proceed immediately 
 to a strict inquiry into the cause and origin of fires, 
 within wood lands ; and in all cases where such fires are 
 found to have originated from the unlawful act. of any 
 person, to cause the offender to be prosecuted without 
 delay. 
 
 Sect. 9. The selectmen of towns in which a forest 
 fire of more than one acre in extent has occurred, and 
 the county commissioners where a forest fire of more 
 than two acres has occurred in any of the unincor- 
 porated places in any county, within a year, shall report 
 to the forest commissioner the extent of area burned 
 over, to the best of their information, together with the 
 probable amount of property destroyed, specifying the 
 value of timber as near as may be, and amount of cord 
 wood, logs, bark or other forest product, fencing, 
 bridges and buildings that have been burned. They 
 shall also report the cause of these fires if they can be 
 ascertained and the measures employed and found most 
 effective in checking their progress. Blanks for the 
 reports required in this act shall be furnished by said 
 forest commissioner at the expense of the State. 
 
 Sect. 10. Every railroad company whose road passes 
 through waste or forest lands, shall during each year 
 cut and burn off or remove from its right of way all 
 grass, brush or other inflammable material, but under 
 proper care and at times when fires are not liable to 
 spread beyond control. 
 
 Sect. 11. All locomotives which shall be run through 
 forest lands, shall be provided with approved and effi- 
 cient arrangements for preventing the escape of fire and 
 sparks. 
 
 Sect. 12. No railroad company shall permit its 
 employes to deposit fire, live coals or ashes, upon their 
 track in the immediate vicinity of wood lands or land 
 liable to be overrun by fires, and where engineers, 
 
41 
 
 conductors or train men discover that, fences along 
 die right of way or wood lands adjacent to the rail- 
 roads, are burning or in danger from fires, it shall be 
 their duty to report the same at their next stopping 
 place which shall be a telegraph station 
 
 Sect. 13. For all damages caused to forest growth 
 by any person employed in the construction of any rail- 
 road hereafter to be built in this State, the company 
 owning such road shall be primarily liable to the person 
 or persons so damaged. During the construction of such 
 roads through wood land, there shall be kept posted in 
 conspicuous places on each line of the road ways at dis- 
 tances of two hundred feet, abstracts of the laws relat- 
 ing to forest fires. Any person employed in the con- 
 struction of such railroads, who shall set or cause to 
 be set any fire along the line of said roads, shall, before 
 leaving the same, totally extinguish said fires, and upon 
 failure to do so, such person shall be deemed guilty of 
 a misdemeanor, and upon conviction thereof shall be 
 punished by a fine of not exceeding five hundred dollars 
 or by imprisonment in the county jail not exceeding 
 sixty days, or by both such fine and imprisonment. It 
 shall be the duty of all persons having charge of men 
 in the construction of such railroads, to see that the 
 provisions of this section are carefully complied with, 
 and any negligence or want, of ordinary care on their 
 part in relation to the same shall constitute a misde- 
 meanor, and upon conviction thereof, they shall be liable 
 to the penalties imposed by this section. 
 
 Sect. 14. Any railroad company violating the require- 
 ment of this act, shall be liable to a fine of one hundred 
 dollars for each offense. 
 
APPENDIX. 
 
 CERTIFICATE FOR BOUNTY ON WOLF OR WILD- 
 CAT KILLED. 
 
 Claimant's certificate. 
 
 To the treasurer of . I hereby certify that on 
 
 the day of A. D. 18—, at , in the 
 
 state of Maine, I killed the the skin of which I 
 
 now exhibit to you; and I claim the bounty allowed by 
 law for killing- the same. 
 
 Dated at , this day of A. D. 18—. 
 
 Claimant. 
 
 Subscribed and sworn to before me the day and year 
 aforesaid. 
 
 Treasurer of 
 
 Claimant's receipt. 
 
 On this day of A. D. 18—, I received 
 
 of treasurer of , dollars, 
 
 being- the bounty allowed by law for killing the 
 
 described in the above certificate. 
 
 Claimant. 
 
 Treasurer's certificate. 
 
 I hereby certify that as required by law, I first cut 
 off the whole of the ears and nose from the skin of the 
 
 described in the foregoing certificate and destroyed 
 
 the same by burning, and then paid to said the 
 
 bounty for which I have taken his receipt as above. 
 
 Dated at this day of A. D. 18—. 
 
 Treasurer of . 
 
 Subscribed and sworn to before me the day and year 
 aforesaid. 
 
 ■ Justice of the Peace. 
 
 (Note. There is not uniformity of blank complaints and 
 warrants sold and in use. All of them, so far as I have 
 observed, are good. The many complaints that are 
 quashed or dismissed by the courts on appeal are gen- 
 erally defective in that the offense tsought to be charged 
 is not legally stated. By following closely these forms 
 no mistake can be made.) 
 
43 
 
 SKELETON COMPLAINT WHICH MAY BE 
 INSERTED IN ANY WARRANT. 
 Form 1. 
 
 STATE OF MAINE. 
 
 County of ss. 
 
 To Esquire, a trial justice in and for the 
 
 county of , L. T of , in the 
 
 countv of , in behalf of said state on oath 
 
 complains that C. D of in the county 
 
 of on the day of A. D. 1900, 
 
 at in the county of *did 
 
 unlawfully hunt, chase, catch, kill and have in posses- 
 sion one caribou and parts thereof, 
 
 * against the peace of said state and contrary to the 
 form of the statute in such case made and provided. 
 
 Wherefore, the said L. T prays that the said 
 
 C. D may be apprehended and held to answer 
 
 to this complaint, and be further dealt with relative to 
 the same according to law. 
 
 Dated at in .said county of this 
 
 day of A. D. 1900. 
 
 Trial Justice. 
 
 STATE OF MAINE. 
 
 County of ss. Then the above named L. T 
 
 personally appeared and made oath to the truth of the 
 above complaint. 
 
 Before me, Trial Justice. 
 
 Warrant. 
 
 STATE OF MAINE. 
 
 County of ss. 
 
 To the sheriff of said county of or either of 
 
 his deputies, and to either of the constables in any town 
 in said countv, or to any inland fish and game warden, 
 (L. S.) Greeting: 
 
 You are hereby required, in the name of the state of 
 Maine, forthwith to arrest and bring before me, the sub- 
 scriber, a trial justice in and for said county, or to some 
 other trial justice in and for said county, the said C. D. 
 
 named in the foregoing complaint, which is 
 
 referred to as a part of this warrant, to answer to said 
 state for the offense set forth in said complaint of said 
 
 L. T , this day made on oath before me, said 
 
 justice; and to summon and both of said 
 
 ,to appear and give evilence touching the sub- 
 ject matter of said complaint when and where you shall 
 have the respondent. 
 
 Given under my hand and seal at in said 
 
 county of , the day of in the year, 
 
 A. D 
 
 Trial Justice. 
 
 No. 2. Taking same or birds on Sunday. 
 
 Follow No. 1 to first *, then say "did then and there 
 hunt, chase, catch and kill one deer" (or one moose or 
 one pair of game birds as the case may be) then close 
 as in No. 1 from second *. 
 
No. 3. Taking trout in close time. 
 
 "On the day of , fished 
 
 for and took fifteen trout, the same not being blue -back 
 trout; against, etc., and contrary, etc. 
 
 No. 4. Exposing fish for sale in close time. 
 
 On the day of had in his 
 
 possession with intent to sell, and expose for sale, three 
 land-locked salmun; against, etc., and contrary, etc. 
 
 No. 5. Killing trout less than five inches in length. 
 
 With force and arms caught, killed and destroyed ten 
 trout, each of which was less than five inches in length; 
 against, etc., and contrary, etc. 
 
 No. 6. Using a trawl, weir, hedge, trap, etc., in cap- 
 ture of fresh water fish. 
 
 With force and arms used a trawl, (or whatever the 
 device may be) for the capture of black bass, and then 
 and there captured twelve black bass with said trawl 
 
 from the pond in said , the same being 
 
 a fresh water pond, and said black bass being fresh 
 water fish; against, etc., and contrary, etc. 
 
 No. 7. Hunting and killing deer with dogs. 
 
 With force and arms did hunt with dogs and with 
 them did kill and destroy one deer; against, etc., and 
 contrary, etc. 
 
 No. S. Killing deer in close time. 
 
 With force and arms killed and destroyed one deer; 
 against, etc., and contrary, etc. 
 
 No. 9. Killing more than two deer. 
 
 Then and there with force and arms did kill and des- 
 troy and have in his possession between the first day of 
 October and the fifteenth day of December, to wit on 
 the day of November, A. D three deer. 
 
 No. 10. Transporting carcass of deer killed in close 
 time. 
 
 Transported from to the carcass of a 
 
 deer which was killed between the fifteenth day of 
 December and the first day of October, to wit on the 
 day of September against, etc., and con- 
 trary, etc. 
 
 No. 11. Transporting part of a moose, privily. 
 
 Transported part of a moose, to wit from 
 
 to , the same not being open to 
 
 view, or plainly labelled with the name and residence of 
 the owner thereof, and not being accompanied by the 
 owner thereof, and not having then and there the evi- 
 dence of the sex of the moose attached thereto. 
 
 No. 12. Provision dealer selling deer at retail without 
 license. 
 
 Then and there being a provision dealer having an 
 established place of business, said , and not hav- 
 ing procured a license of the commissioners of inland 
 fisheries and game to carry on the business of buying 
 and selling deer, had in his possession three deer, and 
 then and there sold the same at retail to his local cus- 
 tomers, against, etc., and contrary, etc. 
 
 No. 13. Having a jack light in possession in hunters' 
 camp or lodge. 
 
 Then and there in a certain camp, lodge, and place of 
 
 resort for hunters called had in his possession 
 
 a jack light, so ealled; against, etc., and contrary, etc. 
 
45 
 
 No. 14. Taking- partridge with snare, etc. 
 
 With force and arms did take one partridge with a 
 snare or trap (or whatever the device may be;) against, 
 etc., and contrary, etc. 
 
 No. 15. For keeping a sporting camp, lodge, or place 
 of resort without being licensed. 
 
 Did then and there keep a sporting camp, lodge and 
 place of resort for inland hunting and fishing parties, and 
 not having procured a license therefor from the com- 
 missioners of inland fisheries and game; against, etc., 
 and contrary, etc. 
 
 No. 16. For engaging in the business of hunting and 
 trapping without being licensed. 
 
 Did then and there engage in the business of hunting 
 and trapping the fur bearing animals of the state, said 
 
 being an unorganized township and on tne wnu 
 
 lands of the State, and not having procured a Mcense 
 therefor from the commissioners of inland fisheries and 
 game; against, etc., and contrary, etc. 
 
 No. 17. Guiding without a license. 
 
 Did on the day of A. D. 1900, and on 
 
 divers other days between said day of 
 
 A. D. 1900, and the day of the signing of this complaint, 
 
 at in the county of 
 
 unlawfully engage in the business of guiding for inland 
 fishingand forest hunting, and not being thenand there a 
 registered guide either for inland fishing or forest hunt- 
 ing, and not having before engaging in the business of 
 guiding as aforesaid caused his name, age and residence 
 to be recorded in a book kept for that purpose by the 
 commissioners of inland fisheries and game, and not hav 
 ing then and there procured a certificate from sairi com- 
 missioners setting forth in substance that he is deemed 
 suitable to act as a local or a general guide either for 
 inland fishing or forest hunting; against, etc., and con- 
 trary, etc. 
 
 (Form of petition to close streams, lakes or ponds.) 
 
 To the Commissioners of Inland Fisheries and Game. 
 Augusta, Me. 
 
 The undersigned, residents and taxpayers of 
 
 in the county of , respectfully represent that in 
 
 our .-judgment the best interests of the State require that 
 there should be additional close time on the following 
 described waters, viz : 
 
 (Here fully describe them.) 
 
 We therefore ask that such action be taken by your 
 board, after notice and hearing, as you shall deem best, 
 in accordance with the statutes in such case made and 
 provided. 
 
 Dated at this day of A. D., 189.... 
 
 Name. Residence. Occupation. 
 
 FEES. 
 The fees for wardens and trial justices are the same 
 in all fish and game cases as for sheriffs, deputy sheriffs, 
 constables, and trial justices in other criminal actions. 
 
Table of Fees. 
 
 Trial Justice. 
 
 Receiving complaint and issuing a warrant 50c 
 
 Summons 10c 
 
 Entry, swearing witnesses, rendering and record- 
 ing judgment, taxing costs, and filing papers.. 75c 
 Mittimus 25c 
 
 Officers' Fees. 
 
 Service of warrant 50c 
 
 Travel per mile (one way) 12c 
 
 Summoning one witness 50c 
 
 Travel for summoning witnesses per mile (one 
 
 way) 12c 
 
 Conveyance of prisoner (5 miles) $100 
 
 Attending court 24 hours 150 
 
 An aid may be employed when necessary and allowed 
 
 compensation. Witnesses are entitled to 12c per mile, 
 one way, and 50c per day for attendance. Wardens may 
 compel bystanders or onlookers to aid them in making 
 an arrest. R. S., ch. 80, sec. 56. 
 
INDEX. 
 
 PAGE 
 
 Annual close time for fish }"* 
 
 Annual close time for game birds 1* 
 
 Agents, commissioners may appoint -,. i, 
 
 Androscoggin county, protection of dee) 1 and fish in. ..6-14-15-21 
 
 Aroostook county, protection of fish in 16 
 
 Birds, game, close time on and insectivorous 11-12-U 
 
 Bull moose, protection of, etc 5_g- }.2 
 
 Beaver, protection of -' 
 
 Bond of wardens, and when game is seized 9-27 
 
 Blue-hack trout, protection of 
 
 Commissioners, appointment, duties, and powers of 31 
 
 Carihou, protection of *» 
 
 Cumberland county, protection of deer and fish in 6-14-lb 
 
 Commissioners to take birds, nests and eggs. 24 
 
 Cusk, commissioners may grant permits to take 13 
 
 Capercailzie, protection of 1-J 
 
 Certificates and licenses, commissioners may revoke. . . 26-30 
 
 County attorneys shall prosecute 30 
 
 Calf moose, defined and protection of 5 
 
 Camps, sporting, must be licensed -* 
 
 Certificates of guides, etc. . . : 24-25-26 
 
 Crows 12 
 
 Cross island, protection of deer on 7 
 
 Deer, protection of and in certain counties. 6-7 
 
 Deer may be killed in September for food 
 
 Dogs, use of prohibited, may be killed 8 
 
 Dynamite, use of forbidden 22 
 
 Dams and fish ways 33 
 
 Duck, protection of H 
 
 Deer skins, licenses to sell and deal in 26 
 
 Eels, commissioners may grant permits to take 13 
 
 Evidence, prima facie 8 ~}?~r^ 
 
 Exempted waters 35-36 
 
 Franklin county, protection of fish in 13-16-17-20-21 
 
 Fish, protection of and use of spawn forbidden 13 to 24 
 
 Fish, transportation of, introduction of prohibited 22-23 
 
 Fishways and dams 
 
 Fish, artificial propagation of 36 
 
 -Fish and game wardens, appointment,powers and duties 27-28 
 
 Fisher, protection of 27 
 
 Fires and forestry laws 38 
 
 Fees, collection and disposal of 28-29-30 
 
 Great pond, av hat it is 4 
 
 Grapnel, use of prohibited 22 
 
 Game birds defined, also game animals 28 
 
 Game or birds shall not be given away 9 
 
 Guides, registration of 26 
 
 Hancock county, protection of fish in 14-15-17 
 
 Hawks 12 
 
 Hunters, professional, licenses of 24 
 
 Isle au Haut, protection of deer on 7 
 
 Insectivorous birds, protection of 12 
 
 Jack lights, use of forbidden and contraband when 8-12 
 
 Jurisdiction of courts and trial justices 28 
 
PAGE 
 
 Kennebec county, protection of deer in, and fish .. .6-13-14-18-20 
 
 Knox county, protection of deer and fish in .6-15-19-21 
 
 Lincoln county, protection of deer and fish in 6-15-18 
 
 Land locked salmon, close time on 13 
 
 Larks, protection of . 12 
 
 Licenses 6-10-24-25-26 
 
 Moose, protection of 5 
 
 Minnows for bait, taking of 21 
 
 Muskrat and mink, protection of, etc 13-27 
 
 Merry meeting bay, protection of ducks in 12 
 
 Nets.'use of and contraband when 22-23 
 
 Non-residents must employ guides in certain cases. ... 6 
 
 Non-resident guides, fee of 26 
 
 Oxford county, protection of fish in 13-14-18-20-22 
 
 Orioles 12 
 
 Penobscot county, protection of fish in 15-19 
 
 Piscataquis county, protection of fish in 18-21 
 
 Penalties, how collected and disposed of 5 to 9-11-22 to 29 
 
 Pickerel, permits to take 13 
 
 Partridge and plover, close time on 11 
 
 Provision dealers must be licensed to retail deer 25 
 
 Penobscot river, use of drift nets on 23 
 
 Participant compelled to testify 30 
 
 Park purposes— game and birds for 32 
 
 Quail, protection of 11 
 
 Ruffed grouse, protection of 11 
 
 Robins, protection of 12 
 
 Sagadahoc county, protection of deer in 6 
 
 Somerset county, protection of fish in 14 18-19-22 
 
 Screens, commissioners may put in 33 
 
 Spears and seines, use of prohibited 22 
 
 Set lines, use of prohibited except in ice fishing 22 
 
 Suckers, permits to take in closed waters 13 
 
 Snipe, swallows, sparrows (English) protection of 11-12 
 
 Sable, protection of 27 
 
 Sunday close time. 7 
 
 Search and seizure of game, birds, fish, etc 9-23-27 
 
 Sporting camps, must be licensed 24 
 
 Salmon and trout, length of and defined 23-35-36 
 
 Snares, use of forbidden 8 
 
 Service of warrants 29 
 
 Spoon hooks and spinners may be used 22 
 
 Smelts may be taken for food purposes 21 
 
 Trout and togue, close time on 13 
 
 Taxidermists, appointment of 24 
 
 Transportation of moose, deer, birds and fish.. 8-9-10-11-12-22-25 
 
 Tributaries, what are.. 19 
 
 Trawls and traps, use of prohibited 22 
 
 Tags to send birds, game and fish 10-25 
 
 Tern, protection of 11 
 
 Trial justices, jurisdiction of 28 
 
 Washington county, protection of fish in.. 14-15-19 
 
 Waldo county, protection of deer in 6 
 
 Wolves and w ildcats, bounty on 27 
 
 Weir, use of prohibited 22 
 
 White fish, permits to take 13 
 
 Woodcock and woodpeckers, close time on 11-12 
 
 Wardens, appointment, powers and duties of 27 
 
 Wildlands, what are, and camping out on 6 
 
 York county, protection of deer and fish in 6-15-19 
 
NOV 
 
 8 1899