mentioned in section one of this Act, or that has been exposed to any contagious disease, and the person or persons in charge thereof shall keep such animal or animals safely enclosed or securely herded upon lands owned by or held in actual possession by them under the laws of this state by the owner or person in charge of such animal or animals.

Penalty Entitled to Recover Damages.

835. SEC. 3. Every person who may violate either of the preceding sections of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished therefor by a fine not less than thirty nor exceeding five hundred dollars, or by imprisonment in [the] county jail for a term not exceeding six months, or by both such fine and imprisonment in the discretion of the court, and the owner or owners of any animal or animals injured or damaged by any act or omission in violation of the provisions of this Act shall be entitled to recover the amount of damages sustained from the owner or owners of the diseased live stock from which the contagion came, and shall also be entitled to recover the costs of prosecution.

An Act to protect horse growers.

Approved March 9, 1889, 97.

Punishment for Erroneous Pedigree.

836. SECTION 1. Any person who shall sell any stallion within the limits of this state, intended for breeding purposes, and who shall give a false or erroneous written pedigree, shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment in the state prison for a term of not less than one year nor more than five years, and such person so offending shall be liable to the person so purchasing for all damages he may sustain by reason of such false record of pedigree; provided, that the provisions of this Act shall not apply to any representation concerning pedigree unless the same has been reduced to writing and signed by the party so making the same.

To Keep Pedigree Posted Penalty.

837. SEC. 2. Every person who shall keep a stallion for the service of mares shall keep posted in a conspicuous place on or near the stable where such stallion is kept, a full and complete pedigree of such stallion headed by the name by which said stallion is known; provided, that in cases where the pedigree is unknown such fact shall be inserted in such notice in lieu of pedigree. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, and as a further punishment for the offense the owner or keeper of such horse shall have no legal right to collect any charges made for services of such horse.

An Act authorizing the destruction of wild, unbranded horses, mares and colts over the age of twelve months, found running at large on government range lands.

Approved March 9, 1897, 68.

Horses, etc., May Be Killed-Permission, How Obtained.

838. SECTION 1. Any citizen of the State of Nevada is hereby authorized and it shall be lawful for him to kill any wild, unbranded horse, mare or colt, over the age of twelve months, found running at large on any of the government range lands in the State of Nevada; provided, that the person desiring to kill horse, mare or colt, under the provisions of this Act, shall first file with the County Clerk of the county in which he desires to kill horse, mare or colt, a written application directed to the Board of County Commissioners, describing the range

or ranges upon which he intends to kill horse, mare or colt. Said application shall remain upon file at least two weeks before being acted upon by the Board of County Commissioners. The Board of County Commissioners shall have power to grant or refuse the application as the circumstances may warrant, and may at any time revoke the permission under any application.

Misdemeanor.

839. SEC. 2. Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than twenty dollars nor more than sixty dollars, or be confined in the county jail for a period not exceeding thirty days or by both such fine and imprison

ment.

WILD GAME AND FISH.

An Act amendatory of and supplementary to an Act entitled "An Act to provide for the preservation of fish in the waters of this state," approved March 5, 1877, and to repeal section nine of said Act.

Approved March 19, 1891, 83.

SECTIONS 1 and 2 of above Act of 1877 void by Stats. 1897, 116. Sec. 3 amended, Stats. 1891, 83' and superseded by Sec. 3 below. Sec. 7 is void by Stats. 1897, 116, and the other sections of said Act of 1877 are superseded by Secs. 5, 6, 8 and 10 of this Act of 1891, and Sec. 9 is repealed.

District Attorney to Require Fish Ways to Be Constructed.

840. (SEC. 3). It shall be the duty of the District Attorneys of the different counties of the State of Nevada to require, as far as practicable, all persons, firms, companies, associations, or corporations, who have erected, or may hereafter erect, all dams, water weirs, or other obstruction to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada, to construct and keep in repair fish ways, or fish ladders, at all dams, water weirs, or other obstructions, so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions. Stats. 1897, 116.

SECS. 2, 3 and 4, of this Act of 1891, with amendments of 1893, 128, and 1895, 83, are superseded, Stats. 1897, 67, Sec. 845, et seq.

Protection to Owners of Private Ponds.

841. SEC. 5. Every person who shall, in any manner, take or carry away any trout or other fish from any stream, 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 dollars nor more than ten dollars for every fish so taken and carried away, and may be imprisoned in the county jail at the rate of one day for each two dollars of fine so imposed, or by both such fine and imprisonment, 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.

Penalty for Employing Indians.

842. SEC. 6. Any person or firm who shall employ any Indian or Indians to catch fish at any time, or place, or manner prohibited by this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than twenty dollars nor more than one hundred dollars, or by imprisonment

in the county jail at the rate of one day for each two dollars of fine so imposed, or by both such fine and imprisonment.

SEC. 7 void, Stats. 1897, 116.

Fish in Private Ponds and for Spawn.

843. SEC. 8. Nothing in this Act shall be construed to prohibit the taking of fish in private ponds, constructed expressly for the raising of fish by the owner thereof; provided, that any person wanting spawn for the propagation of fish may take fish from the spawning beds or elsewhere in public waters during the spawning season.

SEC. 9 void, Stats. 1897, 116.

Penalties, How Enforced.

844. SEC. 10. Any person or persons, firm, company, association or corporation, or the managing agent of any firm, company, association or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and in case of conviction, be fined as herein provided, and in addition. to the costs now allowed by law, twenty-five dollars liquidated damages shall be entered up against each defendant as costs, and collected in the manner now provided by law for the collection of costs in civil actions, which said sum of twentyfive dollars shall be paid to the party instrumental in securing the arrest and conviction of said defendant.

An Act to provide for the preservation of fish in the waters of the State of Nevada. Approved March 9, 1897, 67.

Close Season for Lake and River Trout.

845. SECTION 1. It shall not be lawful for any person or persons to take, catch or kill any river or brook trout or land-locked salmon in any of the streams, rivers or other waters within this state between the first day of October and the first day of April of the succeeding year; provided, that the close season as to lake trout in all the lakes of this state shall commence on the first day of February and end on the first day of June in each and every year.

Liabilities of Persons Having Fish in Possession.

846. SEC. 2. It shall not be lawful for any person or persons to have in his or their possession, or to buy or sell or offer or expose for sale any river or brook trout or land-locked salmon taken, caught or killed in any river, stream or other waters of this state between the first day of October and the first day of April of the succeeding year, or for any person or persons to have in his or their possession or to buy or sell or offer or expose for sale, any lake trout taken, caught or killed in any lake or other waters of this state between the first day of February and the first day of June of each and every year.

Unlawful Taking of Fish.

847. SEC. 3. It shall not be lawful for any person or persons in the State of Nevada, at any time, to take, catch or kill any river, lake or brook trout or landlocked salmon in any river, stream, lake or other waters within this state with any seine, net, spears or grab-hook, or by means of any set line, set hooks, gillnet, weir-fence, basket, trap, giant powder, or any explosive compound, or with or by means of any other implement or substance, or in any manner, except by hook or line; provided, however, that nothing in this Act shall be construed to prohibit the taking of fish in private ponds constructed expressly for raising fish by the owner thereof.

Transportation Companies Liable for Carrying.

848. SEC. 4. It shall not be lawful for any common carrier, express company, railroad company or any other corporation or person to ship or transport or

receive for shipment or transportation any river or brook trout or land-locked salmon, taken, caught or killed in any stream, river or other waters of this state between the first day of October and the first day of April of the succeeding year, or to ship or transport, or to receive for shipment or transportation any lake trout taken, caught or killed in any lake or other waters of this state between the first day of February and the first day of June in each and every year.

Spawn to Be Taken.

849. SEC. 5. It shall not be lawful for any person or persons to take any spawn, or ova from any variety of trout, or from any river, stream or lake or other waters in the State of Nevada, without first having obtained a written permit so to do from the Fish Commissioner of the State of Nevada.

See Sec. 843.

Violation a Misdemeanor.

850. SEC. 6. Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty dollars nor exceeding one hundred dollars or by imprisonment in the county jail not exceeding fifty days or by both such fine and imprisonment.

Information of Violation.

851. SEC. 7. Any person giving information which leads to the conviction of any person or persons for violating any of the provisions of this Act, shall, upon the conviction of such person or persons, be entitled to receive one-half of the fine paid or collected from the person or persons upon whom such fine was imposed.

An Act giving authority to the Boards of County Commissioners of the several counties of this state to extend the closed season for fishing in streams and waters of a certain class, and providing for the enforcement of the same.

Approved March 9, 1899, 63.

Board of County Commissioners Authorized to Extend the Closed Season for Fishing. 852. SECTION 1. The Boards of County Commissioners of the several counties of this state, each within its own county, are hereby authorized to extend the closed season for fishing in streams and waters within their counties which now are, or hereafter shall have been, stocked with food fishes by others than the state or its Fish Commissioner, or authorized agent, to such periods as may in their opinion be required for the protection of the fish in said streams and waters, to the end that the supply of fish for food may be permanently increased.

Order to Be Published.

853. SEC. 2. This Act shall be made effective by an order of the Board of County Commissioners published in a newspaper within the county, which order shall name the stream or streams and waters within the county in which the catching of fish is to be restricted, and shall state the period over which the closed season is to extend; provided, that no such order shall be effective without such publication for the period of at least one month before the date upon which the order is to take effect; and further provided, that no such publication shall be made at an expense to the county of more than three dollars.

Violation of Order Misdemeanor.

854. SEC. 3. Any person who shall violate the provisions of said order of the Board of County Commissioners shall be guilty of a misdemeanor, and shall be fined not to exceed thirty dollars, or imprisonment in the county jail not to exceed fifteen days for each offense.

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 second, eighteen hundred and seventy-one; approved January twenty-sixth, eighteen hundred and seventy

seven.

Approved March 2, 1877, 140.

Peace Officers Neglecting to Enforce the Law, Guilty of Misdemeanor.

855. SECTION 1. It shall be the duty of all District Attorneys, Sheriffs, Constables, and all peace officers of this state, to enforce the provisions of the above mentioned Acts, and if any of the officers herein named shall willfully neglect or refuse to prosecute any person or persons within their jurisdiction or bailiwick, who may violate 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 not exceeding five hundred dollars. Any citizen may make complaint, under oath, against any officer above mentioned, for 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 provisions of this Act, shall in no case be a bar to any proper proceedings which may be instituted before any Board of County Commissioners or other body or proper tribunal having jurisdiction thereof, for the removal of such officer from office for such misdemeanor.

An Act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other Acts in relation thereto.

856. SECTION 1. It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, destroy, wound, trap, snare, injure or in any other manner to catch, or capture, or to pursue with such intent, any sparrow, bluebird, bluejay, martin, thrush, mocking-bird, redbreast, cat-bird, wren, robin, meadow-lark, or humming-bird, or any song bird, except linnets, within this state, or who shall take, injure or destroy the nest or eggs of said before mentioned birds.

Close Season for Birds-Punishment for Violation.

857. SEC. 2. It shall be unlawful for any person or persons, firm, company, corporation or association, at any time between the first day of April, of each and every year, or any year, and before the fifteenth day of September following, to catch, kill, destroy or net, pound, weir, cage, or trap, or to pursue with such intent, any wild goose, wood-duck, teal, mallard, or other ducks, sand-hill crane, brant, swan, plover, curlew, snipe, and mud hens, and between the fifteenth day of March and fifteenth day of September any partridge, pheasant, woodcock, grouse, quail, bittern or yellow hammer, and every person or persons, firm, company, corporation or association, who shall sell, buy, transport, or give away, or offer, or expose for sale, or have in his or their possession any of the birds hereinbefore mentioned, that have been snared, captured, taken, killed, trapped. netted, or pounded, in or by any other means herein before mentioned in this section, shall be guilty of a misdemeanor and punished as in this Act hereinafter specified, and any firm, person or persons, company, corporation or association, who shall destroy, injure, or in any manner disturb the nests or eggs of any of the birds protected by this Act, shall be guilty of a misdemeanor and punished as is provided in this Act. As amended, Stats. 1895, 55.

Sage Fowl Protected-Counties Excepted.

858. SEC. 3. It shall be unlawful for any person or persons, firm, company,