beasts, shall furnish them with sufficient and appropriate food, and take good care of such beasts, and shall be paid therefor as part of the fees and costs in such cases.

$34. (SEC. 35.) Sale in towns having no pound-redemption-notice to owner. If there is no pound within the town where such beasts are distrained, and the same are kept in an inclosure other than the public pound, such beasts, or so many of them as are necessary to pay all damages done by said beasts, together with all costs authorized by this chapter, shall be sold as soon as practicable at public vendue, by or under the direction of the sheriff or any constable of the county, after the like notice as is required in the case of constables' sales of goods and chattels taken by execution: provided, that any person who purchases any animal so sold shall keep the same for the period of two months, and any person who owns said animal may redeem the same within the said two months, by paying all costs and charges, and the price at which such animal was sold, and interest at the rate of twelve per cent. per annum: provided, further, that if the owner of such beasts is known to the person distraining, "he shall notify the owner, within twenty-four hours after such distraining, if such owner resides within the same town; and if such owner does not reside within the same town, but in the same or an adjoining county, then within three days after such distraining, Sundays always excepted; such notice shall specify the time when and place where such beasts are distrained, the number of such beasts, and that the same were distrained for doing damage,

§ 35. (SEC. 36.) Fees of distrainer and others. From the proceeds of such sale the person making the same shall retain sufficient to pay the amount of his fees, the cost of keeping such beasts, and the charges of such sale; and he shall pay to the distrainer the damages so certified, with fees of the appraisers and of the justice; and if there is any surplus, the same shall be paid to the owner of such beasts, if known. If no owner appears at the time of such sale, or within one week thereafter, and claims such surplus, the same shall be paid to the treasurer of the county in which such sale is made.

§ 36. (SEC. 37.) Owner to receive surplus. The county treasurer shall, after deducting two per cent. for his fees, pay such surplus money, if claimed within one year after the distress, to the owner of such beasts; if not claimed within that time, to the school fund of that town in which the beasts were distrained.

$ 37. (SEC. 38.) Owner of beasts, when liable to action-towns voting to allow cattle to run at large. In case the owner or occupant of lands shall not distrain the beasts doing damage as provided herein, the owner of such beasts shall be liable in an action at law for all damages done by such beasts, without regard to the sufficiency of the fences on the lands on which damage is done: provided, however, that in all cases arising under the provisions of this act, or the statutes to which this act is amendatory, in towns where a majority of the voters at any town or special town meeting called for the purpose shall determine, by by-law of such town, that horses,cattle, mules and asses shall be permitted to run at large, in accordance with subdivision sixth, section fifteen, General Statutes of eighteen hundred and sixty-six, no damage shall be recovered by the owner of any lands for damage committed thereon by any such beasts during the daytime, until it shall be proved that said lands were inclosed by a lawful fence: and every three-rail fence, four feet high, constructed of such materials and in such manner as to constitute a good and sufficient fence as against cattle, horses, asses and mules, one or more years old, that are not breachy, or any fence equal thereto in sufficiency, shall, for the purpose of this act be deemed a lawful fence; but the word "cattle," as used in the act, shall not be so construed as to include either sheep or swine, or any other domestic animal not exceeding the size of sheep or swine: provided, further, that the foregoing proviso shall not apply to or be in force in the counties of Wabasha, Dodge, Steele,

Lac qui Parle, Martin, Yellow Medicine, Lyon, Polk county, except that portion of territory organized as the town of Fossum, the Seventh Senatorial District (Winona county), and Goodhue county; Brown, Dakota, and the north half of the town of Pilot Mound, Fillmore county, and the townships in ranges 22 and 23, in Freeborn county: provided, that the townships of Marshan, Ravenna and Hastings, in the county of Dakota, shall not be affected by this act: provided, that the provisions of this act shall not apply to the thirtieth, thirty-first, thirty-second, thirty-fifth, thirty-ninth, except Stevens county, forty-first, except Otter Tail county and Polk county, twenty-eighth, twenty-ninth, thirty-sixth and twenty-seventh senatorial districts: and provided, further, that nothing contained in this act shall apply to the townships of Deerfield, Medford and Aurora, in the county of Steele. (As amended 1874, c. 53, § 2; 1875, c. 122, § 1; 1876, c. 84, § 1; c. 85, § 1; 1877, c. 61, § 1; 1878, c. 16, §1.)

$38. (SEC. 39.) Penalty for taking away beasts distrained. If any person, without the authority of law, and without first paying the damages and costs, takes such beasts, after being distrained, out of the possession of the person making distress, or out of the possession of the sheriff, constable or poundmaster, as the case may be, without his consent, then such person shall be deemed to have committed a misdemeanor, and shall be punished therefor by fine not exceeding one hundred dollars, or by imprisonment not exceeding three months, and shall also be liable, in double the amount of damages committed by such beasts, to the person injured thereby.

*$ 39. Penalty for allowing certain animals to run at large. That if the owner or owners of any stallion over the age of one year, or bull over the age of nine months, or boar over the age of three months, or ram over the age of three months, or any breachy cattle, shall suffer the same to run at large, he shall forfeit to the town in which the animal shall be so at large the sum of five dollars for each and every day such animal shall be so at large; and it shall be the duty of the chairman of the board of supervisors, and he is hereby authorized and required, to sue for and collect, in his name of office, such forfeitures in any court having jurisdiction of such action; and all moneys collected for such forfeiture, after deducting the expenses of such suit, shall be paid into the town treasury, for the use of the road and bridge fund of said town where such animals are so found running at large. (1873, c. 20, § 1.)

*$40. Notice to owner and suit by chairman of supervisors. And the chairman, when notified by any person that such stallions, bulls, boars, rams or breachy cattle are running at large, he shall, within twenty-four hours after such notice, give notice to the owner or owners of such stallion, bull, boar, ram or breachy cattle; and if the owner or owners of such stallion, bull, boar, ram or breachy cattle does not enclose the same, the chairman shall immediately cause a suit to be brought against such owner or owners; and any suit so commenced shall constitute and be a lien upon the animals therein described in favor of the plaintiff to the extent of the defendants' title or interest therein. (Id. § 2.)

*$ 41. Castration of animals at large after notice. That if the owner or owners of any such stallion, bull, boar or rain, shall, after receiving the notice specified in section two of this act, permit any such stallion, bull, boar or ram to continue or again run at large, it shall be the duty of such chairman, when again notified by any person that such stallion, bull, boar or ram is still or again running at large, to cause such animal to be taken up immediately, and castrated in the usual manner, and so as to endanger the life of such animal as little as possible, for which he shall recover the sum of three dollars from the owner by civil action before a justice of the peace, and he shall have a lien on such animal for said amount: provided, if any ram shall be found going at large, off the premises and out of the enclosure or control of its owner or keeper, at

any time, he may be taken up by any person on whose premises or among whose sheep he may be found, and may be castrated by such person, who shall not thereby be liable for any damages. (1873, c. 20, §3.)

*§ 42. Proceedings where owner is not found-sale. If the chairman of the board is unable to find the owner of such animals, he shall cause the same to be impounded for the term of three days; and if such animal is not claimed, he shall proceed to sell the same at public auction by first giving five days' notice, by posting up written notices in three of the most public places in said town, and after the sale deduct the forfeiture and expenses from the amount, and place the balance in the hands of the town treasurer. (Id. § 4.)

*$ 43. Owner may claim purchase-money within one year. If the owner of such animal so sold shall prove to the chairman of the town board, within one year from the date of said sale, that it was his animal, the chairman shall give to such owner or owners an order on the treasurer for the amount of said money deposited by him. (Id. § 5.)

* 44. Penalty for chairman's neglect. If the chairman of said board of supervisors shall refuse or neglect to perform any of the duties required in this act, he 'shall be liable to a fine of twenty-five dollars for each and every refusal or neglect, and the person making the complaint may sue for the fine, in any court having jurisdiction, for his own benefit. (Id. § 6.)

*§ 1. Seasons for killing game birds-penalties. No person shall kill, or pursue with intent to kill, any woodcock, saving only during the month of July after the third day of said month, and during the months of August, September and October; nor any prairie hen or chicken, nor any white-breasted or sharptailed grouse, or prairie chicken, save only during the month of August after the fourteenth day of said month, and during the month of September; nor any quail or partridge, save only during the months of September, October and November; nor any ruffed grouse or pheasant, save only during the months of September, October and November; nor any aquatic fowl, save only between the first day of September and the fifteenth day of May succeeding, in any year Any person or persons offending against any provisions of this act, shall be punished by a fine of not less than five [dollars] nor more than fifty dollars, or by the forfeiture of any and all of the above named game

birds found in his or their possession, and by the forfeiture of any gun or guns and sporting implements, and dog or dogs in his or their possession, together with the cost of prosecution, or both, in the discretion of the court. No person shall expose for sale, or shall have in possession for the purpose of sale, any wild fowl, except wild pigeons, pheasants and aquatic fowls, for three years after the going into effect of this act, And the penalties provided in section four of this act shall be applicable to every such offence. (1877, c. 57, § 1.) *§ 2. Season for killing deer-penalty. No person shall kill or take, by any means, contrivance or device whatever, or pursue with intent to kill, or take or worry, or kill, hunt with hounds or dogs, any elk, deer, buck, doe or fawn, save from the first day of November to the fifteenth day of December in any year. And any person or persons offending against any provisions of this section shall be punished by a fine of not less than ten [dollars] nor more than seventy-five dollars, or by the forfeiture of any and all of the above named game animals found in his or their possession, and by the forfeiture of any gun or guns and sporting implements, and dog or dogs in his or their possession, together with the cost of prosecution, or both, in the discretion of the court. (Id. §2.)

*$ 3. Season for catching trout. No person shall catch, kill, or take by any means, contrivance or device whatever, or expose for sale in the state of Minnesota, any speckled, river or brook trout, save only during the months of April, May, June. July, August and September in any year; and any person or persons offending against any provisions of this section shall be punished by fine of not less than five nor more than fifty dollars, or by the forfeiture of any and all of the game fish above named found in his or their possession, and by the forfeiture of all fishing tackle, basket, and other sporting implements found in his or their possession, together with the costs of prosecution, or both, in the discretion of the court. (Id. § 3.)

* 4. Penalty for selling, &c., game, fish, &c., out of season. Until after March first, one thousand eight hundred and eighty, no person shall sell or expose for sale, or have in his possession or custody or under his control, with intent to sell or dispose of, any woodcock, save only during the month of July, after the third day thereof, and during the months of August, September and October; or any white-breasted or sharp-tailed grouse, or prairie chicken, save only during the month of August, after the fourteenth day thereof, and during the months of September and October; nor any quail or partridge, save only during the months of September, October and November; nor any ruffed grouse or pheasant, save only during the months of September, October and November succeeding; nor any aquatic fowl, save only between the first day of September and the fifteenth day of May succeeding; nor any elk, deer, buck, doe or fawn, or piece of green skin, or either or any of them, save only during the months of November and December, and up to and including the fourteenth day thereof; nor any speckled, river or brook trout, save only during the months of April, May, June. July, August and September in any year; and any person or persons, whether natural person or corporation, offending against any provision of this section, shall be punished by a fine, when the property seized as hereinafter provided for shall not exceed the value of one hundred dollars, of not less than twenty nor more than one hundred dollars, or by a forfeiture of any and all the above named game birds, animals and fish, in his or their possession, or under his or their control, together with the costs of prosecution, or both, in the discretion of the court. But in case the property so seized shall exceed one hundred dollars in value, the offender or offenders as aforesaid may be punished by a fine not exceeding five hundred dollars, or by the forfeiture as above provided, or both, in the discr etion of the court. (Id. § 4, as amended 1878, c. 40. § 1.)

*§ 5. Exportation of game forbidden. No person, persons or corporation shall at any time or in any manner export, or cause to be exported or carried out of the limits

of the state of Minnesota, any of the birds mentioned in this act, except pheasant, and the penalties provided in section four of this act shall be applicable to every such offence. The provisions of this section shall apply to every corporation, railroad company or express company carrying on business within the state, and to any and every employe of every] such corporation, railroad company or express company: provided, that if any corporation shall be a defendant, the process shall be served and the penalty recovered as in civil actions. (1877, c. 57, § 5.)

*§ 6. Destruction of nests, eggs, &c., forbidden. No person shall break up or destroy, take away, or in any manner interfere with any nest, or the eggs therein, of any woodcock, snipe, quail, partridge, ruffed grouse or prairie chicken, pheasant, plover, or any species of wild duck, brant, or wild goose, not domesticated; nor shall sell or expose for sale the said eggs, nor shall have the same in his possession for any purpose. And every railroad company, and every express company, and all employes and agents of the same, shall be deemed persons within the meaning of this section; and any person or persons offending against any provision of this section, shall be punished by a fine of not less than five nor more than fifty dollars, and by the forfeiture of all eggs in his or their possession, together with the costs of prosecution. (Id. § 6.)

*§ 7. Traps, snares, and devices prohibited. No person shall at any time catch or kill any woodcock, white-breasted or sharp-tailed grouse or prairie chicken quail, partridge, ruffed grouse or pheasant, in any other manner than by shooting them with a gun; and no person shall at any time set, lay or prepare any trap, snare, net, or other devices, with intent to catch or kill any of the birds aforesaid. And any person or persons offending against any provisions of this section, shall be punished by a fine of not less than five nor more than fifty dollars, and by the forfeiture of any and all the game birds above named in his or their possession, and by the forfeiture of any trap, snare, net, or other device or implement used in the commission of the offence, together with the costs of the prosecution; and any trap, snare, net or other device, forfeited under this provision, shall be destroyed by the sheriff, or other officer enforcing the judgment of the court in the case. (Id. § 7.)

*§ 8. Harmless birds not to be destroyed. No person shall kill, cage or trap any whippoorwill, night hawk, blue bird, finch, thrush, lark, linnet, sparrow, wren, martin, swallow, bobolink, robin, turtle-dove, cat-bird, or any other harmless bird not elsewhere mentioned in this chapter, excepting blackbirds and wild pigeons. Any person or persons offending against any of the provisions of this section shall be punished by a fine of not less than five [dollars] nor more than fifty dollars, or by the forfeiture of any gun or guns, cage, trap, net or any other device, and all sporting implements in his or their possession, together with the costs of the prosecution, or both, in the discretion of the court. (Id. § 8.)

*9. How fish are to be taken-penalties. No person shall at any time take, catch or kill, any speckled, river or brook trout in any other manner than by angling for them with a hook and line. No person shall at any time take, catch or kill any fish of any kind, except white fish, from any of the waters in the state of Minnesota, excepting Lake Superior, the Mississippi, Minnesota and St. Croix rivers, in any other manner than by shooting them with a gun, or by using a spear, or by angling for them with a hook and line. And no person shall at any time put into any waters within the state of Minnesota, any fish berries, or any deleterious substance whatever, with intent to kill or take fish. And any person or persons offending against any of the provisions of this section shall be punished by a fine of not less than five nor more than fifty dollars, or by the forfeiture of all fish in his or their possession, and by the forfeiture of any device, or implement, or substance used in the commis