SEC. 3. Any person violating the provisions of this act shall, Penalty. for each and every violation, be fined not less than twenty dollars, nor more than one hundred dollars, or shall be confined in the county jail not less than ten days nor more than ninety days, or both, at the discretion of the court. [Eighteenth General Assembly, Chapter 137.] diseased hogs labeled. SEC. 1. All persons or associations who shall engage in the Lard manubusiness of selling lard rendered from swine that have died of factured from hog cholera, or other diseases, shall, before selling or offering to to be so sell any such lard, plainly stamp, print, or write upon the cask, barrel, or other vessel containing such lard, "Lard from hogs which have died of disease," or if sold without such casks, barrel, or other receptacles, the purchaser shall be informed that the lard is from hogs that have died from disease. SEC. 2. For a violation of the provisions of the foregoing sec- Penalty for tion, the vendor shall, on conviction thereof, be punished by a fine violation. not less than five dollars nor exceeding one hundred dollars, or imprisonment in the county jail not exceeding thirty days. CHAPTER 11. OFFENSES AGAINST PUBLIC POLICY. any selling tickets. SECTION 4043. If any person make, or aid in making or estab- Lotteries and lishing any lottery in this state; or advertise or make public any R. 4577. scheme for any such lottery; or advertise or offer for sale C. '51, 2730. ticket or part of a ticket in any lottery; or sell, negotiate, dispose of, purchase, or receive the same; or have in his possession any ticket or paper purporting to be the number of any ticket of any lottery, with intent to sell or dispose of the same on his own account or as the agent of another, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars, or by both fine and imprisonment at the discretion of the court. and a contract of purchase thus en- liquors to The disposal of lands by a scheme in which parties were to buy tickets and draw therefor, held, a lottery, SEC. 4044. If any person give, sell, or dispose of, any spiritu- Disposing of ous or intoxicating drinks to any Indian within this state, or to Indians or any person who is intoxicated, he shall be punished by fine not intoxicated exceeding two hundred dollars, or by imprisonment in the county R.4378. jail not exceeding one year, or by both fine and imprisonment at C. '51, ¿ 2735. the discretion of the court. [Fifteenth General Assembly, Chapter 59.] persons. to SEC. 1. It shall be unlawful for any person who keeps a Minors not to billiard-hall, beer-saloon, or nine or ten pin alley, or the agent, be allowed bil clerk, or servant of any such person, or any person having charge liard-rooms, or control of any such hall, saloon, or alley, to permit any minor saloons, etc. Penalty for violation. pers into this or minors to remain in such hall, saloon, or alley, or to take part in any of the games known as billiards, nine or ten pins. pun SEC. 2. For a violation of the provisions of the foregoing section the offender shall, on conviction thereof, be ished by a fine not less than five dollars nor exceeding one hundred dollars, or imprisonment in the county jail not exceeding thirty days. SEC. 4045. If any person knowingly bring within this state Bringing pau- any pauper or poor person, with the intent of making him a charge on any of the townships or counties therein, he shall be punished by fine not exceeding five hundred dollars and stand charged with his support. state. R. & 4379. C. '51, 2736. Transacting SEC. 4046. If any person carry on or transact any business or occupation without license therefor, when such license is required business with by any law of this state, he shall be fined in a sum not exceeding one hundred dollars, or imprisoned in the county jail not exceeding thirty days. out license. R. 1880. C. '51, & 2737. Circulation of foreign bank notes prohibited: penalty for. SEC. 4047. If any person pay out, or offer to pay, or in any manner put in circulation, or offer to put in circulation, any bank note, bill, or other instrument intended to circulate as money issued or purporting to be issued by any bank, individual, or corporation 10 G. A. ch. 53. elsewhere than in this state, excepting treasury notes, notes of any bank organized under the law of the United States, any other description of currency issued by the authority of congress, or notes of the branches of the state bank of Iowa, he shall be deemed guilty of a misdemeanor, and shall, upon conviction before any court having jurisdiction, be fined the sum of five dollars for each note, bill, or other instrument as aforesaid so paid out or offered to be paid out, put in circulation or offered to be put in circulation. In prosecutions under this section it shall not be necessary to state in the indictment or information the name of the bank issuing the notes, nor to prove the existence of the bank or other person purporting to issue the notes; but it shall be sufficient to allege in general terms the fact of paying out, or attempting to pay out, as the case may be, of bank notes issued out of this state; and the proof may be made as if the particulars were alleged; and any number of offenses may be included in the same prosecution, provided that where the total fines alleged shall not exceed one hundred dollars, the offense shall be cognizable and may be tried before a justice of the peace and other co-ordinate jurisdictions; and when the total fines alleged exceed one hundred dollars, it shall be within the jurisdiction of the district court. Under ch. 147, of Code of '51, pro- | held, that a deed given to secure the viding a penalty for issuing any bills, issuance of such notes was void: Royetc., to be put in circulation as money, |nolds v. Nichols, 1--398. [Sec. 4048 was repealed by 15th G. A., ch. 69, and a substitute enacted, which was amended by 16th G. A., ch. 122. Sec's. 4048, 4049, 4050 and 4051, together with the two acts just referred to, are repealed by the following act.] [Seventeenth General Assembly, Chapter 156.] [Sec. 1 repeals §§ 4048 to 4051 inclusive; also, 15th G. A., ch. 69, and 16th G. A., ch. 122, and provides that the following be enacted in lieu thereof]: certain sea SEC. 2. It shall be unlawful for any person within this state to Killing of cershoot or kill any pinnated grouse or prairie chicken, between the tain game at first day of December and the fifteenth day of August next sons punished. following; any woodcock, between the first day of January and the tenth day of July; any ruffed grouse or pheasant, wild turkey or quail, between the first day of January and the first day of October; any wild duck, goose, or brant, between the first day of May and the fifteenth day of August; or any wild deer, elk or fawn, between the first day of January and the first day of September. [As amended by 18th G. A., ch. 193, § 1. substituting in the third line "fifteenth day of August" for "first day of September" and striking out the words or snipe," following "wild duck," in the seventh line of the section as it stood.] SEC. 3. It shall be unlawful for any person, at any time, or at any place within this state, to shoot or kill for traffic any pinnated grouse or prairie chicken, woodcock, quail, ruffed grouse or pheasant; or for any one person to shoot or kill during any one day, more than twenty-five of either kind of said named birds; or for any one person, firm, or corporation, to have more than twenty-five of either kind of said named birds in his or their possession at any one time, unless lawfully received for transportation; or to catch or take, or attempt to catch or take, with any trap, snare or net, any of the birds or animals named in section two of this act, or in any manner wilfully to destroy the eggs or nests of any of the birds hereby intended to be protected from destruction. [As amended by 18th G. A., ch. 193, § 2, which struck out the word "snipe" occurring in the third line of the section as it stood.] beaver, &c. session cer SEC. 4. It shall be unlawful for any person to kill, trap, or en- Trapping snare, any beaver, mink, otter, or muskrat, between the first day of April and the first day of November, except where such killing, trapping, or snaring may be for the protection of private property. SEC. 5. It shall be unlawful for any person, company, or corpo- Unlawful to ration, to buy or sell, or have in possession, any of the birds have in pesor animals named in section two of this act during the period when tain birds or the killing of such bird or animal is prohibited by said section two, animals at except during the first five days of such prohibited period; and sons. the having in possession by any person, company, or corporation of any such birds or animals during such prohibited period, except during the first five days thereof, shall be deemed prima facie evidence of a violation of this act. certain sea birds or ani hibited. SEC. 6. It shall be unlawful for any person, company, or cor- Shipping of poration at any time to ship, take, or carry out of this state any mals out of of the birds or animals named in section two of this act; but the state proit shall be lawful for any person to ship to any person within this state, any game birds named in said section two, not to exceed one dozen in number in any one day, during the period when by this act the killing of such birds is not prohibited: Provided, he shall first make an affidavit before some person authorized to administer oaths, that said birds have not been unlawfully killed, bought, sold, or had in possession, are not being shipped for sale or profit, giving the name and post-office address of the Penalty for violation of this act. railways, &c., who shall transport. person to whom shipped, and the number of birds to be so shipped. A copy of such affidavit, endorsed, "A true copy of the original," by the person administering the oath, shall be furnished by him to the affiant, who shall deliver the same to the railroad agent or common carrier receiving such birds for transportation, and the same shall operate as a release to such carrier or agent from any liability in the shipment or carrying of such birds. The original affidavit shall be retained by the officer taking the same, and may be used as evidence in any prosecution for violation of this act. Any person swearing falsely to any material fact of said affidavit, shall be guilty of perjury, and punished accordingly. SEC. 7. If any person shall kill, trap, ensnare, buy, sell, ship, or have in possession, or ship, take, or carry out of the state, contrary to the provisions of this act, any of the birds or animals named in this act, or shall wilfully destroy any eggs or nests of birds named in this act, shall be punished by a fine of ten dollars for each bird, beaver, mink, otter, or muskrat; twenty-five dollars for each wild deer, elk, or fawn, and ten dollars for each nest or the eggs therein, so killed, trapped, ensnared, bought, soid, shipped, had in possession, destroyed, or shipped, taken or carried out of the state, and shall stand committed to the county jail for thirty days unless such fine and costs of prosecution are sooner paid. SEC. 8. If any railway, express company, or other common Penalty against carrier, or any of their agents or servants, knowingly receive any of the above mentioned birds or animals for transportation or other purpose, during the periods hereinbefore limited and prohibited, or at any other time except in the manner provided in section six of this act, they shall be punished by a fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the county jail for thirty days, or by both such. fine and imprisonment. Penalty for using swivel gun or poison. Where prosecution may be brought. SEC. 9. If any person shall shoot or kill any wild duck, goose, or brant, with any swivel gun or any kind of gun except such as is commonly shot from the shoulder; or shall use medicated or poisoned food to capture or kill any of the birds named in this act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined twenty-five dollars for each offense, and shall stand committed to the county jail for thirty days, unless such fine and the costs of prosecution are sooner paid. SEC. 10. Pros cutions for violations of this act may be brought either in the country in which the offense was committed or in any other country where the person, company, or corporation complained of has had or has in his or their possession any birds or animals herein named, bought, sold, killed, trapped, or ensnared, in violation of any of the provisions of this act. SEC. 11. In all prosecutions under this act the court before whom the same is brought shall appoint some attorney-at-law for point attorney the purpose of managing the prosecution of the cause, and such Court to ap to manage prosecution. Fee. attorney shall be entitled to a fee of ten dollars in each and every case in which he is so appointed, and the person filing an information under this act shall, in c..se of conviction, be entitled to a ant. fee equal to one-half of the amount of the fine imposed on each Fee to informconviction, and both the fee of such attorney and the informant shall be taxed as costs in the case against the person convicted. Provided, that the county shall in no case be held liable for said attorney's fee or penalty. SEC. 12. All acts and parts of acts inconsistent with this act Repealing are hereby repealed. [Sec's 4052 and 4053 are repealed by 15th G. A., ch. 50, § 10. Other portions of that act are inserted following:] [Fifteenth General Assembly, Chapter 50.] [Sec's 1 to 5, 8 and 9, seem to be superseded by later acts, which are inserted following § 1488.] clause. free passage of Fishing with Suc. 6. No person shall place, erect, or cause to be placed or Obstructing erected, across any of the rivers, creeks, ponds, or lakes of this state, fish. any dam, seine, weir, fish-dam, or other obstruction, in such manner as to prevent the free passage of fish up or down through such water courses, unless otherwise ordered by the commissioner; and from and after the passage of this act, it shall be unlawful for any person to use any seine or net for the purpose of catching fish, except minnows, that are natives of the waters of the state; provided, always, that it shall be lawful for the fish commissioner to take fish in any of the public waters at any time and by any method, for the purpose of propagation or for the purpose of exchanging with fish commissioners of other states or of the United States. Nothing in this section shall be so construed as to prohibit the erection of daras for manufacturing purposes, as now provided by law. seine or net prohibited. SEC. 7. Any person found guilty of a violation of the provis- Penalty. ions of section six of this act, shall, upon conviction before a justice of the peace, be fined not less than five nor more than fifty dollars for the first offense, and for the second, or any subsequent offense, not less than twenty dollars, and shall stand committed until such fine be paid. [The two preceding sections are as amended by 16th G. A., ch. 70.] For somewhat similar provisions, serted following § 1488. sze 17th G. A., ch. 80, §§ 5, 6, in ises of another. 14 G. A. ch. 51, SEC. 4054. Any person who shall go upon the premises of any Trapping fish person or corporation, whether enclosed or not, and shall be foun 1 on the premseeking to take, by any means whatsoever, except a hook and 9 G. A. ch. 4, line, any fish, shall be deemed guilty of trespass, and may be prosecuted in the name of the state of Iowa by any person in possession of said premises, be ore any justice of the peace, or other court of competent jurisdiction, and fined in any sum not less than five nor more than fifty dollars. [As amended by 15th G. A., ch. 50, § 10, which repealed the last clause of the section as it originally stood.] SEC. 4055. If the owner of sheep, or any person having the same in charge, knowingly import or drive into this state sheep having any contagious disease; or turn out or suffer any sheep having any contagious disease, knowing the same to be so diseased, to run at large upon any common, highway, or unenclosed lands; or sell or dispose of any sheep, knowing the same to be so diseased, he shall be deemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than fifty dollars nor more than one hundred dollars. A contract for the sale of sheep | enforced against the purchaser, even having co..tageous diseases cannot be when he knew of such disease before 23. eased sheep Bringing disinto the state. 1, 2. 9 G. A. ch. 35, |