and after the passage of this act, to injure, take, kill, ex- Game birds. pose, offer for sale, or have in possession, except for breeding purposes, any ringneck Mongolian pheasant, being the species of pheasants imported into this state by the Honorable O. N. Denny, ex-United States consulgeneral to Shanghai, China; or any quail or bob white, prairie chicken or common pheasant.

Section 2. Any person violating the provisions of Penalty. this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not less than fifty dollars nor more than one hundred dollars, and in default of payment of the fine imposed, shall be imprisoned in the county jail at the rate of one day for each two dollars of the fine imposed.

Section 3. The one half of all fines imposed and Fines. collected under the provisions of this act shall be paid to the informer and the rest into the county treasury of the county in which the crime was committed.

Section 4. Justices' courts shall have jurisdiction Jurisdiction. of the offense defined in this act.

Section 5. Inasmuch as there is no law for the ade

quate protection of these birds, this act shall take effect from and after its approval by the governor.

Approved February 21, 1891.

AN ACT

To Regulate Salmon and Sturgeon Fishing in the Rivers and Waters of this State and in the Rivers and Waters

over Which It has Concurrent Jurisdiction.

Section 1. From and after the first day of January, Salmon or 1892, it shall be unlawful for any person to fish for Sturgeon. or take any salmon or sturgeon fish in any of the rivers or waters of this state, or over which it has concurrent jurisdiction in civil and criminal cases, unless such person be a citizen of the United States or has declared his intention to become such one year prior thereto, and is

Salmon or sturgeon.

Citizenship.

Fine.

Fee.

and has been for six months immediately prior to the time he engages in such business an actual resident of this state.

Section 2. Any person desiring to fish for salmon or sturgeon fish in any such rivers or waters may go before. any recorder of conveyances or county clerk of any county of this state and furnish satisfactory evidence of his citizenship or of the fact that he has declared his intentions to become such one year prior thereto, and file his own affidavit and the affidavit of two other persons to the effect that he is and has been for six months prior thereto an actual bona fide resident of this state, and thereupon such recorder or clerk shall issue to him a certificate briefly reciting those facts; and thereafter, in any prosecution against such person for a violation of the provisions of this act, such certificate or duly au thenticated copies of the record in the office of the clerk or recorder relative thereto shall be prima facie evidence of his citizenship and residence as in this act required. But in all prosecutions under this act the burden of proof shall be on the defendant to establish the facts of his citizenship and residence.

Section 3. Any person violating any of the provisions of this act, upon conviction thereof before any justice of the peace, shall be fined not less than five nor more than two hundred and fifty dollars.

Section 4. For taking the affidavits and issuing the certificate herein provided for, the recorder or clerk shall be entitled to receive and collect from the party apply. ing the sum of one dollar, and he shall keep in his office a record of all certificates issued pursuant to this act.

Section 5. Nothing in this act shall be construed to prevent citizens of any state having concurrent jurisdiction with this state over or upon any river or waters from fishing upon such rivers or waters.

Filed in the office of the secretary of state February 20, 1891.

AN ACT

on steamers.

To Regulate the Construction of Smoke-stacks on Steamboats and other Water-craft Plying upon the Willamette River. Section 1. Any person or persons, corporation or cor- smoke-stacks porations, operating any steamboat or other water-craft on the Willamette River above the city of Portland, in the state of Oregon, shall so construct the smokestacks upon any such steamboat or other water-craft with hinges so arranged that the smoke-stacks thereon can be lowered to a level with the pilot-house upon such steamboat or other water-craft when necessary to pass under any bridge constructed or which shall be constructed across said Willamette River. Any person or persons, corporation or corporations, violating any of the provisions of this act, and for want of such appliances shall injure or damage any bridge or bridges across said Willamette River, shall, upon conviction before any competent court, be fined not less than fifty dollars nor more than five hundred dollars.

Filed in the office of the secretary of state February 21, 1891.

AN ACT

To Prevent Nuisances.

dead animals,

Section 1. If any person or persons shall put any Nuisances; dead animal's carcass, or part thereof, or any excrement, etc. putrid, nauseous, decaying, deleterious, or offensive substance, in any well, or into any spring, brook, or branch of running water, of which use is made for domestic. purposes, or to which any cattle, horses, or other kind of stock have access, every person so offending shall, on conviction thereof, be fined in any sum not less than three nor more than fifty dollars.

[Amended February 20, 1891.]

houses.

Section 2. If any owner or owners, occupier or occu- Slaughterpiers, of any slaughter-house, or of any premises where

Slaughterhouses.

Fine.

hogs, beeves, or other animals are slaughtered, shall permit the same to remain unclean, to the annoyance of the people of this state, or any of them, every person so offending shall be fined for every such offense any sum not less than five nor more than fifty dollars; and if said nuisance be not removed within five days thereafter, it shall be deemed a second offense against the provisions. of this act, and every like neglect of each succeeding five days thereafter shall be considered an additional offense against the provisions of this act.

Section 3. If any person or persons shall put any part of the carcass of any dead animal into any river, creek, pond, road, street, alley, lane, lot, field, meadow, or common, or if the owner or owners thereof shall knowingly permit the same to remain in any of the aforesaid places, to the injury of the health or to the annoyance of the citizens of this state, or any of them, every person so offending shall, on conviction thereof, be fined in a sum not less than two nor more than twenty-five dollars, and every twenty-four hours during which said owner may permit the same to remain thereafter shall be deemed an additional offense against the provisions of this act.

Section 4. Owing to many of the nuisances enumer ated in the above being in existence, to the annoyance of the people of this state, this act shall become a law and take effect from and after its approval by the gov

ernor.

Approved February 25, 1889.