// ^ <5^ <* I GAME LAWS NEBRASKA IN FORCE MARCH 7, 1899. COMPILED BY A. E. SHELI30Nr. LINCOLN, NEB. Jacod Nokth & Co., Printers. 1S9U. ./ GAME LAWS NEBRASKA IN FORCE MARCH 7, 1899 COMPILED BY A. E. SPIELUOJSr. LINCOLN, NEB. Jacob Nobth & Co., Pkintebs. 1899. ^•^" -^ C> 59879 ■Y 36.^^9 GAME LAWS. CHAPTER XI CRIMINAL CODE.— Offenses Relating to Game and Fish. Sec. 83. [Song birds, etc] It shall be unlawful for any person in the state of Nebraska to knowingly and intentionally kill, injure, or harm, except on the lands owned by such person, any robin, lark, thrush, blue bird, king bird, sparrow, wren, jay, swallow, turtle dove, oriole, wood pecker, yellow hammer, cuckoo, yellow bird, bobolink, or other bird or birds of like nature that promote agri- culture and horticulture by feeding on noxious worms and insects, or that are attractive in appearance or cheerful in song. Any person violating any of the provisions of this section shall be fined not less than three nor more than ten dollars for each bird killed, injured, or harmed. Sec. 83a. [Mongolian pheasants.] It shall be unlawful for any person in the state of Nebraska for and during the term of six years from and after the passage of this act, to injure, take, kill, expose, or offer for sale or have in possession, except for breeding purposes, any ringneck Mongolian pheasant, any green Japanese pheasant, any copper pheasant, or scholmeringn, any tragopan pheasant, silver pheasant, or golden pheasant, being the species of pheasants imported into United States by the Hon. O. N. Denny, ex-United States consul-general to Shanghai, China. [ 1895, chap. 76, 1.] Sec. 836. [ Violation of act — Penalty.] Any person violating the provisions of this act shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine not less than fifty dollars, nor more than one hundred dol- lars, and in default of payment of the fine imposed shall be im- prisoned in the county jail at the rate of one day for each two dollars of the fine imposed. [ Id., 2] Sec. 83c. [Fines — Disposition.] The one-half of all fines im- posed and collected under the provisions of this act shall be paid to the informer, and the rest into the county treasury of the county in which the crime was committed. [ Id., 3.] Sec. 83d [ Violation of act — Jurisdiction.] Justice courts SEca. 83a-S3cf. " An act to protect Mongolian pheasants," Laws 1895, Chap. TO. Took effect March 30, 1895. 4 GAME LAWS. shall have jarisdiction of the offenses defined in this act. [Icl.,4.] Sec. !S4. [ Killing-, etc., muskrats, mink, or otter on lands of another. ) It shall be unlawful for any person, between the fif- teenth day of April and the fifteenth day of February following, to trap, catch, kill, or to pursue with such intent, on the prem- ises of another, any muskrat, mink, or otter; and it shall be un- lawful for any person, at any time, to enter upon the premises of another, without his consent, with a view of trapping, hunting, killing, or pursuing with intent to kill, any such animal or ani- mals; and it shall furthermore be unlawful for any person to enter upon the premises of another, without his consent, and destroy, tear down, or in any manner injure the muskrat heaps or houses on such premises; any person offending against any of the provisions of this section shall be fined in any sum not ex- ceeding twenty dollars for each offense; Provided, This section shall not be so construed as to prevent the catching and killing of any animals specified, where there is danger of their doing in- jury to property, either public or private. Sec. 85. [Elk — Deer — Antelope.] It shall be unlawful for any person to kill any elk, deer, or antelope between the first day of January and the first day of November in each year, and it shall be unlawful for any person to ensnare or trap any elk, deer, or antelope (except for the purpose of domestication) at any season of the year. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on convic- tion be fined not less than fifteen dollars nor more than thirty dollars for every such animal killed between said dates, and shall be fined not less than thirty dollars nor more than fifty dollars for any such animal ensnared or trapped at any time of year, except for purposes of domestication. Sec. 86. [Grouse.] It shall be unlawful for any person to kill any ruftied grouse or pheasant, any pinnated grouse or prairie chicken, sharp tailed grouse, dusky grouse, and all other grouse between the first day of January and the first day of September in each year, and it shall be unlawful for any person to ensnare, trap, or net the same, at any time of the year. Any person vio- lating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction be fined five dollars for every such bird so killed between said dates of any year, and on conviction be fined five dollars for every such bird ensnared, trapped, or netted, at any iime of the year. Secs. Kr--86t. "Au uct relatiug to tlie protectioa of game. " Laws 181)7, Chap. 9S. Took etfect April 10. 1S97. GAME LAWS. Sec. 86r7. [Quail, wild turkey.] It shall be unlawful for any person to kill any quail, or wild turkey, between the first day of January and the first day of November of each year, and it shall be unlawful for any person to ensnare, trap, or net any quail or wild turkey at any time of the year. Any person violating any of the provisions of this section shall be deemed guilty of a mis- demeanor, and on conviction be fined five dollars for every such bird so killed, between said dates of any year, and shall be fined five dollars for every such bird, so ensnared, trapped, or netted at any time of the year. Sec. 866. [Geese — Ducks.] It shall be unlawful for any person to kill any wild goose, or brant, or any wild mallard duck, wood duck, teal duck, shoveller or spoon bill duck, canvas back duck, widgeon or bald pate duck, gad wall or gray duck, dusky or black duck, buftle headed or butter-ball duck, pin or sprig tail duck, ruddy or turkey tail duck, between the first day of May, and the first day of September of each year, and it shall be unlawful for any person to ensnare, trap, or net any of said birds, at any time of the year, or to kill the same, at night, during any time of the year. Any person violating any of the provisions of this section, by killing any of said birds, between said dates of any year, or at night, shall be deemed guilty of a misdemeanor, and on conviction be fined five dollars for each of such birds so killed, and shall, on conviction, be fined five dollars for each of such birds, ensnared, trapped, or netted at any time of the year. It shall be unlawful for any person to go upon the premises of another person or corporation for the purpose of hunting, trap- ping, netting, ensnaring, or killing any animal or bird at any season of the year unless by the consent of the owner or occu- pier of said premises or lands, and any person who shall go upon the premises or lands of another in violation of this section shall, upon conviction thereof, be fined not less than five dollars (S5.00) nor more than one hundred (|100), for each offense and shall be liable to the owner or occupier of the premises or lands in an action for trespass. — [Amended 1899, Chap. 99, Session Laws, 1899.] Sec. 8Gc. [Hunting waterfowl— Eggs— Same on another's premises.] It shall be unlawful for any person at any time of the year, by the aid or use of any swivel, punt-gun, big-gun (so-called), or any other than the common shoulder-gun, or by the aid or use of any punt-boat, sneak-boat, used for carrying such gun, to catch, kill, wound, or destroy, or to pursue after with intent to catch, kill, wound, or destroy, upon any of the waters, bays, rivers, marshes, mud fiats, or any cover to which wild fowl resort, 6 GAME LA\YS. witliiu the state of Nebraska, any wild goose or brant, or any wild mallard duck, wood duck, teal duck, shoveller or spoonbill duck, blue bill or scaup duck, canvas-back duck, red-head duck, widgeon or bald-pate duck, gadwall or gray duck, dusky or Mack duck, bufHe-headed or butter-ball duck, pin or sprig-tail duck, ruddy or turkey-tail duck, or other wild duck, or to destroy or disturb the eggs of any of the birds above named, and any person offending against any of the provisions of this section shall be fined in any sum not less than five (|5) dollars nor more than twenty ($20) dollars for each offense, or be imprisoned in the county jail nor more than thirty (80) days. — [Amended 1899, Chap. 99, Session Laws of 1899. | Sec. 86(^. [Selling or having in possession game.] It shall be unlawful for any corporation, company, association, person, or persons, or its, his, or their officers, agents, servants, or employees, to sell, expose for sale, or to have in its, his, or their possession or control, any wild elk, deer, or antelope, between the first day of January and the first day of November in any year; or to sell, or expose for sale, or to have in its, his, or their possession or con- trol, any ruffled grouse or pheasant, pinnated grouse or prairie chicken, sharp-tailed grouse, dusky grouse, or any other grouse between the first day of January and the first day of September of any year; or to sell, expose for sale, or have in its, his, or their possession or control, any quail or wild turkey, between the first day of January, and the first day of November in any year, or to sell or expose for sale, or to have in its, his, or their possession or control, any wild goose, brant, or any wild mallard duck, wood duck, teal duck, shoveller or spoonbill duck, blue bill duck or scaup duck, widgeon or bald pate duck, gadwall or gray duck, dusky or black duck, buffle-headed or butter-ball duck, pin or sprig-tail duck, ruddy or turkey-tailed duck, or any other wild duck be- tween the first day of May and the first day of September in any year. Every corporation, company, association, its officers, agents, employees, and each of them, and any person or persons, his or their agents and employees, and each of them violating any of the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction be fined twenty-five dollars for each and every such animal so sold, exposed for sale, or so had in its, his, or their possession or control, and shall on conviction be fined five dollars for each and every such bird so sold, ex- posed for sale, or so had in its, his, or their possession or con- trol. Part or parts of the carcasses of said animals or birds shall be held and considered the same as the whole animal or GAME LAWS. 7 bird, within the meaning of this section. — ^[Amended 1899, Cliap. 99, Session Laws of 1899.] Seo. 86e. — [Transporting game.] — Kepealed 1899, Chap. 99, Session Laws of 1S99. Sec. 86/. — [Prosecutions — Duties of officers.] — A prosecution may be brought by any person in the name of the state of Nebraska, against any party or parties violating any of the provisions of this act, before any justice of the peace or county judge of the county in which such violation is charged to have taken place, or beefore any court of competent jurisdiction; and it is made the duty of all county attorneys in this state to see that the provisions of this act are enforced in their respective counties, and they shall prosecute all offenders on receiving information of the violation of any of the provisions of this act; and it is made the duty of all sheriffs, deputy sheriffs, constables, and police of- ficers, to inform against and prosecute each and every party or parties, person or persons, whom there is reasonable or pi'obable cause to believe are guilty of violating any of the provisions of this act. Any county attorney, sheriff, deputy sheriff, constable, or police officer, who shall fail, neglect, or refuse to discharge the said duties hereby imposed on such officers, respectively, shall be deemed guilty of a misdemeanor, and on conviction be fined not less than twenty-five dollars, nor more than one hundred dollars, for each ofPense. Sec. 86/7. [Same.] That in all cases, when any person, party, or officer, is convicted and fined for a violation of auy of the pro- visions of this act, it shall be the duty of the court imposing such fine or fines, to make it a part of the judgment that such person, party, or officej", stand committed to the jail ot the county until such fine and costs be fully paid, or be paid at the rate of one day in jail for every dollar of such fine and costs, but this shall not prevent the making of the fine and costs out of the property of the person, party, or officer convicted, and when so made the convict shall be released from further imprisonment on that account. Sec. 86/t. [Same — Search warrant.] Any justice of the peace, police or county judge, or magistrate, within their respective counties and jurisdiction, upon receiving proof, on oath or afiar- mation, of probable cause for believing in the concealment of any of the animals, or birds in this act described, during any of the periods in which the same is by this act prohibited from being killed, or being had in possession in violation of any of the pro- visions of this act, shall issue his search warrant and cause search to be made in any house, cold storage buildinsr, or place, market, 8 GAME LAWS. boat, box, pad' age. car, or other building or structure, designated by such oath or afhrmation. The finding of any of said animals or birds in the possession or under the control of any party or parties, person, or persons, within said periods, in which the kill- ing of the same is by this act prohibited, shall be prima facie proof that the same were in said periods killed or had in posses- sion, in violation of the provisions of this act. Provided, hmv- ever, That houses occupied as dwellings shall be exempt from search under the provisions of this section. Sec. 86 1. [Fines — Disposition.] All fines recovered undeK. any of the provisions of this act shall, when collected, be paid into the treasury of the county for the use of the school fund, and the corporate authorities of any county, city, or village, within whose territorial jurisdiction such fine was recovered and col- lected, shall pay to the complaining witness in such prosecution, out of the general fund of such county receiving such fine, an amount equal to one half of the fine actually collected, upon the proper application of the party entitled to the same, in the manner usual for the presentation of claims against counties. Sec. 86J. [Having possession of game — evidence.] Having in possession any of the animals or birds described in this act, be- tween said dates wherein the killing of the same is herein prohib- ited, shall be deemed and held to be presumptive evidence that the same were killed, ensnared, trapped, or netted, in violation of the provisions of this act, and the civil authorities of any county, city, precinct, township, or village, within which the same are, or may be found, whether by search warrant or otherwise, are here- by authorized to cause the same to be seized, either with or with- out warrant, and to be distributed among the poor persons of such county, precinct, township, city, or village. The provisions of this section shall not apply to those animals or birds that are had alive in possession for the purpose of domestication. Sec. 86 At. [Acts repealed — Saving clause.] That sections eighty-five and eighty-six, of the Criminal Code of Nebraska, in Compiled Statutes of Nebraska for the year 1895, and all other sections, acts, and parts of acts, in conflict herewith, be and the same are hereby repealed; but such repeal shall not operate to in any way affect any prosecutions for violation of any of the pro- visions of either of said sections, nor shall such repeal prevent the prosecution for violation of any of the provisions of either of said sections, that have occurred prior to the time when this act took effect. Such violations of said sections shall be prosecuted the same as though said sections had not been repealed. Sec. 87. [Interfering with private fish pond.] That it shall GAME LAWS. !> be uulawEul for auy person to catch, interfere with, injure, or in any manner destroy, or maliciously disturb, to the damage of the private property of another, the fish in, or work connected with, any private fish pond, not exceeding ten acres, in this state. Auy person or persons violating the provisions of this section shall be fined in any sum not less than ten dollars nor more than one hundred dollars; and it shall be lawful for any person to take up, remove, or clear away any fish net, fish lines, or fish pound placed or put in the waters of any lake, pond, or reservoir con- trary to the provision of this act. Sec. 87«. [Fishing except with hook and line — Free passage offish — Penalty.] it shall be unlawful for any person to catch, kill, injure, or destroy any fish in any public water in tliis state or in the Missouri river along the eastern boundary of this state in any manner whatever, except Avith the use of the hook and line; the use of seines, nets, and other devices, except the hook and line, being hereby prohibited and made unlawful. It shall also be unlawful for any person, association of persons, or cor- poration to place or establish any obstruction across any stream of water in this state that will prevent the free passage of fish along said stream; Provided, That all persons, associations of persons, or corporations erecting, owning, or maintaining a mill- dam across any stream of water in this state shall, at his or its own expense, construct and at all times maintain, subject to the approval of the fish commission, a suitable and substantial fish- way whereby all fish passing along said stream can readily pass over or around said dam. Public waters, within the meaning of this section, shall embrace all lakes, ponds, rivers, creeks, bayous, and streams, except private artificial pond or ponds, subject to the exclusive dominion of a single ownership. Every violation of any provision of this section shall be a misdemeanor, and every per- son, association, or corporation convicted of an offense under this section shall pay a fine not less than twenty-five (25) dollars and costs of prosecution, or imprisonment in the county jail not less than ten days, or until such fine and costs are paid. It shall be unlawful for any person to have in his or her possession any seine, net, or other unlawful instrument or device for takino' or injuring fish with the intent of using the same in any water in this state, and it is hereby made the duty of all constables, jus- tices of the peace, and police judges of this state to prosecute all oftenses against this act. Each day any mill-dam or other ob- struction shall be continued without such fishway shall be deemed and taken as a separate offense under this act. Every seine, net, or other unlawful device under this act found in auy water in this 10 GAME LAWS. state or in the possession of any person intending to use the same in violation of this act may be seized by any person with or without warrant and deposited with a justice of the peace or [)o- lice judge, who shall cause the owner or person having such seine, net, or other unlawful device in his possession, if known, to ap- pear before said court and show cause wiiy such seine, net, or unlawful device should not be destroyed; such court shall, upc u such hearing, or upon default, enter judgment, and in all cases of condemnation such seine, net, or unlawful device shall be de- stroyed under the direction of said court. In all cases Tinder this act the constable and justice's fees shall be the same as in other cases of misdemeanors. Sec. 876. [Injury to fish hatchery or pond. ] It shall be un- lawful for any person or persons to injure, disturb, or destroy any hatcliiug-box, hatching-house, or pond used for hatching or propagating iish, or to injure or destroy or disturb any spawn or fry, or fish, in any hatching-box, hatching-house, or pond, or stream; provided, that the fish commissioners of this state may take or cause to be taken any of the fish named in this section for the purposes of propagation, or- stocking the waters of this state. Every person violating any provision of tliis section shall be guilty of a misdemeanor, and punished by a fine of not more than ten (§10) dollars for each fish taken, or held in possession, or other offense under this section, or by imprisonment in the countv jail not more than ten (10) days, in the discretion of the court," [1870, 71; 1893, Chap. 47, § 4]. Sec. 87c. [ Certain fish not to be caught or injured — Having possession of fish.] It shall be unlaw^ful for any person or per- sons, to catch, injure, or kill, or destroy any California salmon, land-locked salmon, trout, shad, white fish, or car[), which shall have been placed in any waters of this state by the fish commis- sioner or by private persons. Every person violating any pro- vision of this section shall be deemed guilty of a misdemeanor and punished by a fine of not less than ten (^10) dollars, for each fish so taken, injured, killed, or destroyed, or had in possession, or imprisoned in the county jail not less than ten (10) days, in the discretion of the court. The having in possession any fi.sh named in this section shall be presumptive evidence that the same were taken in violation of law. [1870, § 3, 72; 1893, Chap. 47, § o.j LIBRPIRY OF CONGRESS 002 898 916 7 C) 002 898 916 7 LIBRARY OF CONGRESS l«MH!!l 002 898 916