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the words "officer or agent thereof in the state" and adding CHAP. 94 after the words "can do" the words 'and whose jurisdiction shall extend throughout the state,' so that the section as amended, shall read as follows:

council may

to enforce

preceding

'SECT. 46. Upon application by the mayor and aldermen Governor and of any city, the selectmen of any town, or the president and appoint officers three directors of any such society, the governor and council seventeen shall issue a badge and commission to any person designated, sections. to arrest any person charged with violating any of the preceding seventeen sections, the same as any sheriff, deputy sheriff or constable can do, and whose jurisdiction shall extend throughout the state.'

Approved March 25, 1891.

Chapter 94.

An Act to amend chapter fifty-eight of the Revised Statutes, relating to the filling of vacancies in Board of Agriculture.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section two of chapter fifty-eight of the revised statutes Sec. 2, ch. 58, is hereby amended by inserting in the tenth line thereof after R. S., amended. the word "them," the words 'vacancies in counties, however caused, shall be filled within three months after notice to the secretary of the oldest society in the county where such vacancy exists; if there is more than one, at a special meeting, in the same manner as is hereinbefore provided for the election of county members of said board,' so that said section as amended, shall read as follows:

If more than county,

one society in a

convention of

delegates from member

each, to elect

therefor.

'SECT. 2. If there is more than one such society in a county, the executive officers of the oldest shall designate a time and place for a convention of five delegates, chosen from each society at a regular meeting; and the secretary of such oldest society shall give written notice thereof to the secretary of each of the others. The convention shall be held prior to the third Wednesday of January and shall elect a president and secretary and by ballot, a member of the board of agriculture for that county. If no election is made, the secretary shall if no election, immediately send to the governor and council the names of two or more persons having the highest number of votes;

governor and

council shall

elect from highest

candidates.

CHAP. 95 and they shall elect one of them. Vacancies in counties, however caused, shall be filled within three months after notice to the secretary of the oldest society in the county where such vacancy exists; if there is more than one at a special meeting, in the same manner as is hereinbefore provided for the election of county members of said board. The -credentials of written certificate of the secretary of the society or convention electing a member, shall be his credentials in the board.'

members.

Approved March 25, 1891.

1893-250(3):

Hunting moose
with dogs, or

cow moose in
any manner,

Chapter 95.

An Act to amend chapter thirty of the Revised Statutes, relating to the protection of Game.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Section nine of chapter thirty of the revised statutes is hereby amended by striking out all of said section after the figure "nine," and inserting the following words: whoever hunts, catches, kills or destroys with dogs any moose, or in any manner bunts, catches, kills, destroys or has in possession any cow moose, or part thereof, forfeits one hundred dollars for every moose or cow moose so hunted, caught, killed, destroyed or had in possession; and no person shall, between the first days of January and October in any manner hunt, catch, kill, destroy or have in possession any bull moose, or any part thereof, taken in close time, under the same penalty;' so that said section as amended, shall read as follows:

'SECT. 9.

Whoever hunts, catches, kills or destroys with dogs any moose, or in any manner hunts, catches, kills, deshow punished. troys or has in possession any cow moose, or part thereof, forfeits one hundred dollars for every moose, or cow moose so hunted, caught, killed, destroyed or had in possession; -hunting at all and no person shall, between the first days of January and October, in any manner hunt, catch, kill, destroy or have in possession any bull moose, or any part thereof, taken in close time, under the same penalty.'

between Jan. 1

and Oct. 1,
prohibited.

SECT. 2. Section ten of said chapter is hereby amended by striking out all of said section after the figures "ten," and inserting the following words: 'whoever hunts, catches,.

kills or destroys with dogs any deer or caribou, forfeits forty dollars for every deer or caribou so hunted, caught, killed or destroyed; and no person shall, between the first days of January and October in any manner hunt, catch, kill, destroy or have in possession any deer or caribou, or part thereof, taken in close time, under the same penalty. Any person may lawfully kill any dog found hunting moose, deer or caribou, or kept or used for that purpose. Any person owning or having in possession any dog for the purpose of hunting moose, deer or caribou, or that is kept or used for such hunting, forfeits not less than twenty nor more than one hundred dollars; so that said section as amended, shall read as follows:

CHAP. 95

Same prohibiand caribou.

tions as to deer

SECT. 10. Whoever hunts, catches, kills or destroys with dogs any deer or caribou, forfeits forty dollars for every deer or caribou so hunted, caught, killed or destroyed; and no person shall, between the first days of January and October, in any manner hunt, catch, kill, destroy or have in possession any deer or caribou, or part thereof, taken in close time, under the same penalty. Any person may lawfully kill any dog found hunting moose, deer or caribou, or kept or used for that purpose. Any person owning or having in possession any dog for the purpose of hunting moose, deer or caribou, keeping such or that is kept or used for such hunting, forfeits not less than twenty nor more than one hundred dollars for each dog so owned, kept, used or in possession.'

SECT. 3. Section eleven of said chapter is hereby amended by striking out all of said section after the figures "eleven," and inserting the following words: 'whoever has in his possession any such animal or part thereof, between the first days of January and October shall be deemed to have hunted, caught or killed the same contrary to law, and be liable to the penalties aforesaid; but he shall not be precluded from producing proof in his defence that such animal was hunted, caught or killed in open time. Any officer authorized to enforce the fish and game laws, may search for such animal or part thereof, subject to sections twelve, thirteen and fourteen of chapter one hundred and thirty-two; and the warrant may be issued on his own complaint;' so that said section, as amended, shall read as follows:

dogs hunting caribou, may be

moose, deer or

killed.

penalty for

any part of such

'SECT. 11. Whoever has in possession any such animal or Possession of part thereof, between the first days of January and October animal.

CHAP. 95 shall be deemed to have hunted, caught or killed the same

presumptive evidence of

guilt.

-officer, powers of.

Killing more than a certain

number of

contrary to law, and be liable to the penalties aforesaid; but he shall not be precluded from producing proof in his defence that such animal was hunted, caught or killed in open time. Any officer authorized to enforce the fish and game laws, may search for such animal, or part thereof, subject to sections twelve, thirteen and fourteen of chapter one hundred and thirty-two; and the warrant may be issued on his own complaint.'

SECT. 4. Section twelve of said chapter is hereby amended by striking out all of said section after the figures "twelve," and inserting the following words: 'no person shall take, kill, destroy or have in possession between the first days of October and January more than one moose, two caribou and three deer, under a penalty of one hundred dollars for every moose and forty dollars for every caribou or deer, or parts thereof, so taken, killed, destroyed or in possession in excess of said number. Whoever has in possession, except alive, more than the aforesaid number of moose, caribou or deer, or parts thereof shall be deemed to have killed or destroyed them in violation of law. But nothing in this section shall prevent any market man or provision dealer, having an established place of business in this state, from purchasing and having in possession at his said place of business, not exceeding one moose, two caribou and three deer lawfully caught, killed or destroyed, or any part thereof, at any one time, and selling the same at retail in open season to his local customers;' so that said section as amended, shall read as follows:

'SECT. 12. No person shall take, kill, destroy or have in possession between the first days of October and January and deer at any more than one moose, two caribou and three deer, under a

moose, caribou

time, forbidden.

-possession, evidence of guilt.

-market men,

may keep a

certain number for sale in open

season.

penalty of one hundred dollars for every moose, and forty dollars for every caribou or deer, or parts thereof, so taken, killed, destroyed or in possession in excess of said number. Whoever has in possession, except alive more than the aforesaid number of moose, caribou or deer or parts thereof, shall be deemed to have killed or destroyed them in violation of law. But nothing in this section shall prevent any market man or provision dealer, having an established place of business in this state, from purchasing and having in possession at his said place of business, not exceeding one moose,

two caribou and three deer lawfully caught, killed or destroyed, CHAP. 95 or any part thereof, at one time, and selling the same at retail in open season to his local customers.'

SECT. 5. Section thirteen of said chapter is hereby amended by striking out all of said section after the figures "thirteen," and inserting the following words: 'no person or corporation shall carry or transport from place to place any moose, caribou or deer, or part thereof in close time, nor in open time unless open to view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him, under a penalty of forty dollars; and any person, not the actual owner of such game or part thereof, who, to aid another in such transportation falsely represents himself to be the owner, shall be liable to the penalties aforesaid,' so that said section, as amended, shall read as follows:

during close

time, prohibited.

'SECT. 13. No person or corporation shall carry or trans- Transportation port from place to place any moose, caribou or deer or part thereof in close time, nor in open time unless open to view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him, under a penalty of forty dollars; and any person, not the actual owner of such game falsely or part thereof, who, to aid another in such transportation owner, falsely represents himself to be the owner, shall be liable to the penalties aforesaid.'

SECT. 6. Section fourteen of said chapter is hereby amended by inserting in the first, second, seventh and eighth lines thereof after the word "game" the words 'or fish' so that said section as amended, shall read as follows:

'SECT. 14. Any person whose game or fish has been seized for violation of any game or fish law, shall have it returned to him on giving to the officer a bond with sufficient sureties, residents of the state, in double the amount of the fine for such violation, conditioned, that if convicted of such violation he will, within thirty days thereafter, pay such fine and costs. If he neglects or refuses to give such bond and take the game or fish so seized, he shall have no action against the officer for such seizure, or for the loss of the game or fish seized.'

SECT. 7. Section fifteen of said chapter is hereby amended by striking out all of said section after the figures "fifteen," and inserting the following words: 'all game hunted, caught, killed, destroyed, bought, carried, transported or found in

representing

punished.

Game or fish restored to

seized may be

owner, on bond.

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