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SEC. 3. In any indictment or complaint under this act, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle; and for the purpose of this act the proof of brand shall be deemed to be prima facie evidence of ownership of such stock.

SEC. 4. That no stallion over the age of eighteen months; nor any Mexican, Texan, or Cherokee bull over the age of ten months, nor any Mexican ram over the age of eight months, shall be permitted to run at large in the state of Nebraska. The owner, or person in charge of such animal or animals as are prohibited from running at large by this section, who shall permit such animal or animals to run at large may be fined for each offense not less than fifty ($50) dollars nor more than two hundred ($200) dollars, and it shall be lawful for any person to castrate, or cause to be castrated, any such animal found running at large: Provided, that if any person shall castrate any stallion, bull, or ram, and it shall on proper evidence before any competent court be proven to the satisfaction of said court that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable for damages to the amount of the value of said animal so castrated, and the costs of suit: Provided, also, that for the purpose of this act that any bull possessing onehalf (4) Texan, Mexican, or Cherokee blood shall not be deemed a Texan, Mexican, or Cherokee bull, as the case inay be; and any ram possessing one-half Mexican blood shall not be deemed a Mexican ram.

SEO. 5. Any person owning or having charge of any drove of cattle, horses, or sheep numbering one (1) head or more than that number in any such drove of cattle, horses, or sheep, and shall drive the same into or through any county of Nebraska of which the owner is not a resident, or land owner, or stock grower, and

when the land in said county is already occupied by settlers on ranches, it shall be the duty of said owner or person in charge of said horses, cattle, or sheep. to prevent the same from mixing with the cattle, horses, or sheep belonging to actual settlers, and also to prevent said drove of cattle from trespassing on such land as may be the property of the actual settler, or may be held by him under a homestead, pre-emption, or a leasehold right, and used by him for the grazing of animals, growing hay or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops. If any owner or owners, or persons in charge of any such drove of cattle, horses, or sheep shall wilfully, carelessly, or negligently injure any resident within the state by driving said drove of cattle, horses, or sheep from the public highways and herding the same on the lands occupied and improved by settlers in possession of the same, it shall constitute a misdemeanor and shall be punished by a fine of not less than twenty Penalty. ($20) dollars and not more than one hundred ($100) dollars, at the discretion of the court, and render the owner or owners, or person in charge of the drove of cattle, horses, or sheep liable for such damages as may be Damages. done to the property of said settler.

driving off cat

SEC. 6. When the stock of any person shall be driven Damages for off its range within Nebraska against his will by the tle of another. drovers of any drove, and the same shall be found among such drove, every person engaged as drover of said drove shall be liable for damages to the party injured to the amount of the full value of the animal, for each head so driven off, together with all costs accruing in the trial of said cause, and said herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs.

SEC. 7. When the stock of any resident of the of Nebraska shall either mix with any drove

state Cattle of differ

ent owners to

of when mixed.

be separated

Penalty.

Skin of animal found dead not

any animals it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from said droves immediately. Every person, either owner or drover, or otherwise connected with said drove, who shall neglect to comply with the provisions of this section shall be fined in any sum not exceeding one thousand ($1,000) dollars.

SEC. 8. It shall be unlawful for any person other than to be removed. the owner or his agent or employee to skin or remove from the carcass the skin, hide, or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from stock so killed.

Rewards for detection of

SEC. 9. The county commissioners of the several violators of act, counties may offer and pay rewards for the detection of those violating this act.

Acts repealed.
1875, 190.
1877, 137.

Gen. Stats., 73.

SEO. 10. An act entitled "An act for the protection of stock growers," approved February 20, 1875; an act entitled "An act to govern stock growers and drovers," approved February 15, 1877; section 79 chapter 58 of said general statutes, and all other acts and parts of acts in conflict with the provisions of this act are and the same are hereby repealed.

Approved, February 26th, A.D. 1879.

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To amend sections one,two, and three, of an act entitled "An act to prohibit the catching of game fish in certain cases."

Be it enacted by the Legislature of the State of Nebraska :

That sections one, two, and three, of an act entitled "An act to prohibit the catching of game fish in certain cases," approved, February 2d, 1875, be and the same are hereby amended to read as follows, to-wit:

Act amended. 1875, 23.

in certain cases

SECTION 1. It shall be unlawful for any person or per- Catching fish sons to catch, kill, injure, or destroy any fish in any river, creek, brook, stream, lake, pond, bayou, or other body of water in this state with a seine, trammel net, gill net, pound net, basket, or weir, or in any other manner, whatever, except with a hook and line, spear and fork. It shall be unlawful for any person to set, place, deposit, or drag a seine, or net of any description, or basket, or weir, in any of the above named waters in this state, and every seine, net, basket, or weir, found in any waters of this state, the same may be taken up by any one; Provided, This act shall not be construed to prohibit the owners of private ponds or streams from taking fish therein at any time or in any manner. Every person violating any provision of this section shall be deemed guilty of a misdemeanor, and punished by a fine of not less than five dollars for each offense, or be im- Penalty. prisoned in the county jail not less than ten days, or

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both fined and imprisoned in the discretion of the

court.

SEC. 2. It shall be unlawful for any person or persons to injure, disturb, or destroy, any hatching-box, hatching-house, or pond, used for hatching or propagating fish, or to injure, or destroy, or disturb, any spawn, or fry, or fish, in any hatching-box, hatching-house, or pond, or stream; Provided, That the fish commissioners of this state may take or cause to be taken any of the fish named in this section for the purposes of propogation, or stocking the waters of this state. Every person violating any provision of this section shall be deemed guilty of a misdemeanor, and punished by a fine of not more than ten dollars for each fish taken, or held in possession, or other offense under this section, or by imprisonment in the county jail not more than ten days, or both fined and imprisoned in the discretion of the

court.

SEC. 3. It shall be unlawful for any person or persons to catch, injure, kill, or destroy any California salmon, land-locked salmon, trout, shad, white fish, or carp, which shall have been planted or placed in any waters of this state by the Fish Commissioners, or by private persons. Every person violating any provision of this section shall be deemed guilty of a misdemeanor and punished by a fine of not less than ten dollars for each fish so taken, injured, killed, or destroyed, or had in possession, or imprisoned in the county jail not less than ten days, or both fined snd imprisoned in the discretion of the court.

The having in possession of any fish named in this section, shall be presumptive evidence that the same were taken in violation of law.

SEC. 4. Sections one, two, and three of an act enlitled an act to prohibit the catching of game fish in

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