propagation of v engaged, or g any ground, e of engaging onths from the file with the , river, creek, a statement in of said claim, tural or artifihe intention of nd propagation king locations heir heirs, or fish unlawful 772. SEC. 5. It shall not be lawful for any person to take Taking of fish from any of the streams, creeks, springs, or waters upon any land located or occupied in conformity with this Act, without the consent of the owner or owners thereof; and any per- Penalty. son convicted thereof, shall be fined in the sum of five dollars and costs of prosecution for each and every fish so taken. An Action, how action for the penalty herein mentioned may be prosecuted in prosecuted. any court of competent jurisdiction, in the name of the State of Nevada, and the offender shall also be liable in damages in a Damages. civil action for any and all damages, injury to, or interference with, the rights of any person or persons claiming under this Act. 773. SEC. 6. Section three of chapter ninety-five, "An Act Acts repealed prescribing the mode of maintaining and defending possessory action on public lands in this state," approved March ninth, eighteen hundred and sixty-five, in so far as the rights conferred by this Act may conflict, is hereby declared null and void, except so much thereof as follows, to-wit: "Any person claiming any of the public lands in this state for the purpose aforesaid, shall take and subscribe his or her affidavit, * * * that to the best of his or her knowledge and belief the said lands are not claimed under any existing title," which shall apply with full force and effect. An Act to provide for the better enforcement of an Act to amend an seven. Approved March 2, 1877, 140. any neglecting guilty of mis 774. SECTION 1. It shall be the duty of all District Attor- Peace officer neys, Sheriffs, Constables, and all peace officers of this state, to to enforce enforce the provisions of the above mentioned Acts, and if the law, of the officers herein named shall willfully neglect or refuse to demeanor. prosecute any person or persons within their jurisdiction or bailiwick, who may viclate the provisions, or either of them, of said Acts, he or they shall be deemed guilty of misdemeanor in office, and upon conviction thereof shall be fined each in any sum Penalty. not exceeding five hundred dollars. Any citizen may make Any citizen complaint, under oath, against any officer above mentioned, for may make a violation of his duties as herein specified, before the proper Justice of the Peace within the county where such neglect of duty may occur, and said Justice of the Peace shall proceed upon said complaint in the same manner as is provided by law for the trial of other misdemeanors; and the judgment of any Justice Shall be no of the Peace imposing a fine upon any officer under the provi- bar to resions of this Act, shall in no case be a bar to any proper proceedings which may be instituted before any Board of County complaint. moval. Commissioners or other body or proper tribunal having jurisdiction thereof, for the removal of such officer from office for such misdemeanor. Governor to missioner and his duty. An Act to provide for the preservation of fish in the waters of this state. Approved March 5, 1877, 179. 775. SECTION 1. The Governor of this state is hereby appoint Com authorized and empowered to appoint a suitable person, to be styled "Fish Commissioner," whose duty it shall be to establish fish breederies upon such of the waters of this state as, in his judgment shall be most available for the purpose of stocking and supplying the streams and lakes of this state with both foreign and native fish; and for such purpose, may purchase and import from other states and countries the spawn or ova of valuable fish, suitable for food, and may introduce the same, when obtained, into such rivers, streams and lakes as he may deem suited to the habits and successful culture of such fish. He may also employ persons who are skillful and expert in the business of fish breeding, and may superintend and direct the construction of fish ways and fish ladders that may be built in the streams and waters of this state. The Commissioner may in his discretion, distribute the ova or spawn to be procured by him, to such person or persons as have proper lakes, ponds, or streams for the propagation and breeding of fish, and who will, without expense to the state, take charge of such breeding and propagation; the said lakes, ponds, or streams to be open to the public to take the said fish after they have obtained maturity. Term of office. Fish ladders to be built over dams. 776. SEC. 2. Such Commissioner shall hold his office for the term of four years, unless some other person shall be appointed to fill the vacancy occasioned by death, resignation, or inability to attend to the duties required. 777. SEC. 3. It shall be the duty of the Commissioner to require, as far as practicable, all persons, firms, and corporations who have erected mill dams, water wiers, or other obstructions, on rivers or streams and lakes within the waters of this state, within six months after the passage of this Act, to construct and keep in repair fish ways or fish ladders, at such mill dams, water wiers, or obstructions, so that at all seasons of the year fish may ascend above such dam, wier or obstruction, to deposit their spawn; and any such obstructions or dams shall not be made use of to catch the said fish by Indians or other persons. Any person, firm, or corporation owning such mill dam or obfailure or re- struction, who shall fail or refuse to construct or keep in repair such fish way or ladder, after having been notified and required Penalty for fusal. by the Commissioner to do so, shall be deemed guilty of misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars for every such neglect or refusal. The fines and penalties that may be received for conviction 8 under this section, shall be paid one-half to the District Attorn ey who shall prosecute the suit, and one-half to the school fund of the state. catch fish for Close season. Period for 778. SEC. 4. It shall not be lawful for any person or per- Not lawful to sons, between the first day of January and June of each year, a certain to catch or kill any river, lake, brook, or salmon trout, in any of period. the streams, rivers, lakes, or other waters within this state, with any seine, gill-net or any spear, grab-hook, wier-fence, basket, trap, explosive material, or other implements or substances, or in any manner, except by hook and line, and it shall not be lawful, at any time, for any person or persons to catch or Lill such fish, in any of the waters of this state, by the use of traps, gill-nets, grab-hooks, or any poisonous, deleterious or stupefying drug, explosive material or other substance, or catch or have in possession any fish so caught during the close season; and it shall not be lawful for any person or persons to expose for sale, or to catch or kill for sale, or to catch or kill for salting in any manner whatever, any of the river, lake, brook, or salmon trout, in any river, lake, or other waters within this state, between the twentieth day of April and the first day of bidding catch October in each year; and it shall not be lawful for any railway of fish." corporation, express company, or other common carriers, or Unlawful to private parties, to ship or transport for sale, any of the river, transport lake, brook, or salmon trout, taken from the rivers, lakes or fish for sale. other waters of this state, during the said season, viz: between the twentieth day of April and the first day of October in each year; provided, however, that nothing in this Act shall be con- Proviso. strued to prohibit the taking of fish in private ponds, con- Owners of structed expressly for the raising of fish by the owner thereof; private ponds and, provided further, that any person wanting spawn for the propagation of fish, may take fish from the spawning beds, or elsewhere, during the spawning season; and, provided further, Spawn can be that no person shall catch or kill any fish in any of the waters taken. of this state at any time, by means of giant powder or any other explosive substance, or material, or stupefying or deleterious drug. Any person violating the provisons of this section shall be deemed guilty of misdemeanor, and upon convic- Misdemeanor tion thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail, not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court, one-half of the fine recovered to one-half fine fund of the state. be paid to the informer, and one-half to be paid into the school exempt. and penalties. to informer. 779. (SEC. 2.) And it is hereby made the duty of the Dis-Duties of offAttorneys, County Commissioners, Justices of the Peace, cers. and Sheriffs and their deputies, upon receiving reliable information of any violations of the provisions of this Act, to make Penalty for carring away fish ponds. complaint against the parties, and any of the peace officers named in this section who shall neglect or fail to make complaint against parties violating any of the provisions of this Act, after having received reliable information of such violation, shall be deemed guilty of a misdemeanor, and subject to the penalties prescribed in the fourth section of this Act.-As amended, Stats. 1879, 40. 780. SEC. 5. Every person who shall, in any manner, take or carry away any trout or other fish from any stream, from private pond, or reservoir belonging to any person or corporation, which stream, pond, or reservoir has been stocked with fish by hatching the eggs or spawn, or by placing therein, without the consent of the owner of the land covered by and adjoining such stream, pond, or reservoir, or without the consent of the agent of the corporation, if such land belong to a corporation, shall be punished by a fine of not less than two nor more than ten dollars for every fish so taken or carried away, and shall also be liable to the owner of such stream, pond, or reservoir in a civil suit, for the full value of all fish so taken or carried away. Young fish captured to 781. SEC. 6. All persons engaged in the business of fishbe returned. ing in the rivers, streams, or ponds of this state, with seines or traps, or any other means whatsoever, who shall capture the young of any species of fish valuable for food, but which at the time of capture are unfit for use as food, shall return the same to the water. Every person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, in the discretion of the court; one-third of all penalties received under this section shall be paid to the informer, one-third to the District Attorney of the county prosecuting the suit, and one-third to the school fund of the state. Penalty. Commisioner to receive no salary. Ex paid. 782. SEC. 7. The Commissioner authorized to be appointed by this Act shall receive no compensation for his penses to be services. His necessary expenses incidental to procuring and distributing the ova or spawn of fish, in the employment of fish breeders, and in carrying out the provisions of this Act, shall be paid from the appropriation herein made, upon accounts or vouchers to be approved by the State Board of Examiners. The Commissioner shall report biennially to the Governor an account of his transactions under this Act, and make an exhibit of his expenditure of money under its provisions. To make report. Appropri 783. SEC. 8. The sum of one thousand dollars is hereby ation made. appropriated out of any money in the general fund not otherwise appropriated, and the Controller is hereby authorized to draw his warrant on the treasury in payment of accounts of the Fish Commissioner, as approved or allowed by the State Board of Examiners. 784. SEC. 9. Nothing in this Act shall be construed to take fish at any time. prohibit or prevent Indians from taking trout in any of the Indians may streams or lakes of this state, at any time, by the same means heretofore usually used and employed by them; provided, that Proviso. the same are for their own use; but it shall not be lawful for them, the said Indians, to make use of any dam, wier, or other obstruction in any stream, erected by any person, firm or corporation for the prosecution of any business, under the same penalty that applies to other persons taking said fish out of season. Indians to 785. SEC. 10. Any person or firm who shall employ any Misdemeanor Indian or Indians to catch fish at any time, or place, or manner to employ prohibited by this Act, shall be deemed guilty of a misde-fish. meanor, and on conviction thereof shall be subject to the same fine and punishment as though the wrongful act was done by him or them in person, as provided for in section four of this Act. An Act supplemental to an Act entitled "An Act to provide for the preservation of fish in the waters of this state," approved March five, eighteen hundred and seventy-seven. Approved March 5, 1885, 64. fish except by hook and line 786. SECTION 1. It shall be unlawful for any person or The taking of persons, firm, company, corporation, or association, to take or catch any fish in the waters of this state with seine, traps, or unlawful. gill-net, or in any other manner except by hook and line; provided, that seines may be used in taking fish for spawning, scientific, or transplanting purposes. of this law, 787. SEC. 2. Any violation of this Act shall be deemed a Violation misdemeanor, and any person so offending shall be fined in any how punished sum not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. An Act to amend an Act entitled "An Act to preserve wild game, and to repeal all other Acts in relation thereto," approved February twenty-third, eighteen hundred and seventy-seven. Approved March 6, 1879, 82. birds, or nests. 788. SECTION 1. It shall be unlawful for any person or Unlawful to persons, at any time, to kill or injure, or to pursue with such kill certain intent, any sparrow, blue-bird, blue-jay, martin, thrush, mock-disturb their ing-bird, swallow, red-breast, cat-bird, wren, or humming bird, or to disturb the nest or eggs of said birds. |