Sporting imple. advertised for sale. Disposition of game seized. ment thereof and forfeiture the same as if the prosecution could have been and had been commenced therein. SEC. 14. That any dog or dogs, gun or guns, sporting ments, co., to be implements, game birds or fish, or other property, articles or material, which may be adjudged forfeited by any court of this state, under any provisions of this act, shall, where or in such cases as this act makes no pro visions for any other or different manner of disposing of the same, on conviction or judgment of forfeiture, be advertised and sold by the sheriff, constable, or other officers whose duty it is to enforce the judgment of the court in the case, and such officer shall pay the proceeds of such sale, less his lawful fees, into court. Notice of sale and other proceedings thereon, and the officer's fees, shall be the same as in case of sale of personal property on execution. In case of the seizure of any game-birds, fish, venison, or other material of a perishable nature, the court, upon being satisfied from the return of the officer seizing the same, or having it in possession, or from other satisfactory evidence, that the same would spoil, become injured or unwholesome for food if kept during the pending of the prosecution, or until final judgment, may order such officer to sell the same at public sale, and may prescribe the manner and time of giving notice of such sale and the manner of conducting the In case there be no purchaser found at such sale for whatever there may be offered for sale thereat, the offcer conducting the sale shall distribute such game-birds, fish, venison or other things so offered, and for which there shall be no purchaser, to the poor-houses, alms houses, jails, hospitals, or other charitable or public institutions in the county, or county adjoining, where the prosecution may be pending, or shall destroy the same as the court in its discretion may order. Provided, That any game-birds, fish, venison, or other animal or thing, purchased at the public sale provided for by this section, may be held, used or otherwise disposed of, without incurring any of the penalties of this act. same. SEC. 15. Whenever complaint is made, or informa County attorney tion given to any county attorney of any county, in cases to commence ac in which the defendant shall not be arrested under any tion, when. provision of this act, that any person or persons, or cor poration has in his or their or its possession any of the game-birds, or animals, or any fish, mentioned in this chapter, with the intent to sell, dispose of, or to trans port the same, contrary to any of the provisions of this chapter, and which are liable to forfeiture by any of the provisions of this chapter, and when the value of such animals, birds, or fish, shall in the aggregate exceed the sum of one hundred dollars, then and in such case the said county attorney is hereby required and authorized to commence an action for the purpose of selling such animals, birds and fish, forfeited as hereinafter provided, and which said action shall be commenced in the district court of the county wherein said animals, birds and fish shall be found. and defendant. SEC. 16. Said action shall be commenced in the name Parties plaintif of the state of Minnesota, as plaintiff, and of the person or corporation in whose possession said animals, birds or fish may be found, as defendant. Provided, That if during the pending of such action any other person should intervene or claim such animals, birds or fish, then and in that case such person so intervening shall be joined in said action, as a party dependent thereto, and the same proceedings shall be had as to them as if they or he had been the original defendant in said action; and said action, except as herein provided, shall be continued in all respects as other civil actions are, and all general laws applicable to civil actions shall be applicable to the action herein provided for, except so far as the same may be inconsistent with the provisions of this chapter. SEC. 17. Upon the filing of the complaint in such ac- Warrant of seiztion, and upon application of the county attorney, the ure may issue. judge or court commissioner of the district court wherein such action is brought, shall cause a warrant of seizure to issue to the sheriff of said county, commanding him to seize and take into his possession all of such animals, birds or fish mentioned in the complaint, and sell the same according to the provisions of section fourteen of this chapter, or in default of purchasers to dispose of the same as in said section provided. SEC. 18. Said money when so paid into said county Disposition of shall remain there and to abide the final judgment of the proceeds of sale. court in such action, and it it shall be found, upon the trial of said cause that the possessor of said animals, birds or fish by the defendant was unlawful and contrary to the provisions of this chapter, judgment shall be entered against said defendant for the forfeiture of said animals, birds and fish, and the proceeds thereof, together with the cost of such action, and the proceeds of said sale Costs and disbursements when. shall be disposed of as specified in section twelve of this chapter. Provided, That in case no person should appear in said action and there should be a judgment rendered by default, then no personal judgment shall be rendered against any defendant, and no costs shall be entered in said judgment for the state. SEC. 19. If it should appear upon the trial of any such action that the possessor of the animals, birds or against county, fish by the defendant was lawful and not contrary to the provisions of this chapter, the money arising from said sale shall be decided to be paid forthwith to the defendant and he shall have judgment against the county wherein such action was commenced for his costs and disbursements therein. Appeals upon issue of facts, Duty of county SEC. 20. The judgment, findings, rulings or other proceedings of any officer or court, on the trial of any action or case arising under this act, shall not be overruled, examined, reversed or in any manner interfered with except by and upon an appeal on issues of facts and pending such appeal, any property seized or adjudged as forfeited shall be and remain in the hands, and under the control, of the sheriff or other officer charged therewith at the time the appeal shall be takeu; Provided, That if such property be of a perishable nature it shall be disposed of as herein before provided; notice of the allowance of such appeals, duly certified by the justice or court from which the appeal is taken, together with any order of such justice or court touching the disposition to be made of the forfeited property or effects in the hands of the sheriff or other officers charged therewith, shall be served upon such sheriff or officer, or if not so served the same may be disregarded. SEC. 21. It is the duty of supervisors and constables supervisors and of towns, police officers of cities, having knowledge of the violation of any of the provisions of this chapter, to make complaint thereof to any justice of the peace of the proper county, or police justice of the city, and any other person having such knowledge may make complaint before such justice, and the said justice shall issue his warrant for the arrest of the offender, and proceed to have and determine the matter in issue in the same manner as provided in other cases; and every person con victed under any of the provisions of this chapter, case where no forfeiture is declared and enforced, shall stand committed until such fine is paid, provided that such imprisonment shall not exceed three months. SEC. 22. This act shall take effect and be in force when act to take from and after its passage. effect. Approved March 9, 1874. CHAPTER XXXIX. AN ACT TO AMEND SECTION FOURTEEN OF CHAPTER THIR- Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section fourteen of chapter thirtythree of the general laws of the year eighteen hundred and seventy-one relating to the preservation of game, be so amended as to read as follows: Sec. 14. This act shall take effect and be in force from and after its passage. SEC. 2. This act shall take effect and be in force from When act to take and after its passage. Approved February 7, 1874. effect. CHAPTER XL. AN ACT TO AMEND SECTION NINE OF CHAPTER THIRTY- Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section nine of chapter thirty-three of the session laws of eighteen hundred and seventy-one is hereby amended so as to read as follows: Penalty for catching trouttime when. When act to take effect Sec. 9. Whoever catches or has in his possession or exposes for sale, within the state of Minnesota, any speckled, river or brook trout, before the first day of April, or after the first day of October in any year; or takes, catches or kills at any time any of said trout, save with a hook and line, or takes, catches or kills, at any time, any fish of any kind from any of the waters of this state, excepting Lake Superior, the Mississippi, Minnesota and St. Croix rivers, in any other manner other than by shooting them with a gun, or by the use of a spear, or hook and line, shail suffer a fine of five dollars for each and every fish so caught, taken, had in possession or exposed for sale; and whoever shall, at any time, put into any waters within the state of Minnesota any deleterious substance, with intent to kill or take fish, shall, upon conviction thereof, suffer a fine of twenty-five dollars for each and every such offense, together with the costs of prosecution. SEC. 2. This act shall take effect and be in force from. and after its passage. Approved March 3, 1874. Additional streams listed. When act to take effect. CHAPTER XLI. AN ACT TO AMEND THE GENERAL LAWS OF ONE THOUSAND Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Section nine of chapter thirty-three of the general laws of eighteen hundred and seventy-one, amended by chapter ninety-two of the general laws of eighteen hundred and seventy-two, be and the same is hereby amended by inserting the words Zumbro and Little Iowa after the word Root," and before the word River," in the tenth line of said section. 66 SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 9, 1874. |