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and brand to be used.
762. Sec. 6. No person shull use more than one mark, But one mark brand, or counterbrand; provided, however, this shall not extend to those persons who are the owners of more than one ranch or farm.
763. Sec. 7. If any person shall use any mark, brand, or Penalty for counterbrand, other than the one recorded by him, except by not recorded. the consent of the owner of such other mark, brand, or counterbrand, he shall be liable to forfeit and lose to any person suing therefor, the stock so marked or branded with any other than his proper mark or brand recorded by him. 764. Sec. 8. No person shall be allowed to use a mark Certato marka
prohibited. by cutting off the ear, or by cutting the ear on both sides to point; all persons who may have now such marks, shall be obliged to alter them with respect to the cattle, sheep, and hogs they may have to mark, after the passage of this Act.
763. Sec. 9. No mark, brand, or counterbrand shall be Mark and considered as lawful if not recorded as specified in this Act ; fui, when. and all persons selling or disposing of any cattle which are not intended for slaughter, or any horses, mares, mules, jacks, or jennies, shall be required to counterbrand them on the shoulder, or give a written descriptive bill of sale; and any person failing Counterto so counterbrand said animals, or give such written bill of brand or bill sale, shall lose all benefits of this Act, and all rights to use said quired. brand as evidence in any court under this Act.
766. Sec. 10. If any person who, with the intent to de- Felony to frand, or willfully mismark or misbrand any stock not his own, braud, or to or kills any stock running at large, whether branded, marked, kill stock or not, shall, on conviction thereof, be deemed guilty of felony, large. and shall be punished by imprisonment in the state prison for a term not less than six months nor more than five years. 767. Sec. 11. This Act shall take effect from and after the Act to take
effect, when. first day of May, eighteen hundred and seventy-three.
WILD GAME AND FISH.
An Act to encourage the artificial cultivation and propagation of
fish in the State of Nevada.
Approved March 7, 1873, 163.
Cultivation and propa. gation of fish
not to be interfered with.
Location to be recorded.
768. SECTION 1. Any person or persons now engaged, or
who shall hereafter engage in the artificial cultivation and encouraged. propagation of fish in the State of Nevada, shall have the right
to locate, hold, and occupy a tract of land not exceeding one hundred and sixty acres of the public domain of the United States, or of the State of Nevada, including any and all streams, creeks, springs, and waters thereon, and shall have and maintain an action for the sole and uninterrupted possession thereof, subject to the conditions hereinafter set forth ; provided, that
such location or occupation shall not be made upon any portion Existing of the public domain aforesaid which may be occupied or rights to land entered for purchase under existing laws, nor interfere in any
manner with the existing rights of appropriators of the waters of any spring or other watercourse rising upon or flowing through said land.
769. Sec. 2. The person or persons locating any ground, rivers, creeks, ponds, or springs, for the purpose of engaging in the cultivation of fish, shall, within three months from the date of commencing improvements thereon, file with the Recorder of the county in which such ground, river, creek, pond, or spring may lie in whole or in part, a statement in writing, setting forth the exterior boundaries of said claim, which said boundaries may be designated by natural or artificial objects, with a further statement that it is the intention of the purties thereto to engage in the cultivation and propagation of fish on the premises therein described.
770. Sec. 3. The person or persons making locations under this Act shall, within three months from the date of filing said statement of intention, do, or cause to be done, upon the
selected, labor, or place improvements thereon to the amount of two hundred dollars, and from and after the filing of said notice and performance of said labor, or placing of said improvements thereon, the said claimants, their heirs, or assigns, shall have and maintain the exclusive right to the pos
session thereof. Prior right to 771. Sec. 4. Should any claim, as aforesaid, be made purchase land
upon any unsurveyed lands of the United States, and subsequently thereto, on survey of said lands by the general government, shall be found to be in any section which the State of Nevada may have a right to purchase or select under any law of
Improvements, what necessary to be made.
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 cluiming any of the public lands in this stute 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
Act entitled “An Act to prevent the destruction of fish,”
Approved March 2, 1877, 140.
774. SECTION 1. It shall be the duty of all District Attor- Peace officers neys, Sheriffs, Constables, and all peace officers of this state, to
neglecting enforce the provisions of the above mentioned Acts, and if any the law;
guilty of mig. of the officers herein named shall willfully neglect or refuse to 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 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
Shall be no
Commissioners or other body or proper tribunal having jurisdiction thereof, for the removal of such officer from office for such misdemeanor.
An Act to provide for the preservation of fish in the waters of this
Approved Varch 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 his duty. 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 bussiness of tisli 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.
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. Penalty for 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 fusal.
such fish way or ladder, after having been notified and required
Term of ottice.
Fish ladders to b. built over dame.
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 convictions under this section, shall be paid one-half to the District Attorney who shall prosecute the suit, and one-half to the school fund of the state.
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 certaiu 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 kill 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 Close season. 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 bilding catch October in each year ; and it shall not be lawful for any railway of fish. corporation, express company, or other common carriers, or private parties, to ship or transport for sale, any of the river, trausport lake, brook, or salmon trout, taken from the rivers, lakes or tish 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 tish from the spawning beds, or elsewhere, during the spawning season ; and, provided further, Spawu 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 juil, not less than thirty days, nor more than six montlis, or by both such fine and imprisonment, in the discretion of the court, one-half of the fine recovered to One-half line be paid to the informer, and one-half to be paid into the school fund of the state.
779. (Sec. 2.) And it is hereby made the duty of the Dis- Duties of offitrict Attorneys, County Commissioners, Justices of the Peace, and Sheriffs and their deputies, upon receiving reliable information of any violations of the provisions of this Act, to make