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diseased hogs

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.) 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.

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CHAPTER 11.

OFFENSES AGAINST PUBLIC POLICY.

selling tickets. R. 2 1377.

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 ke scheme for any such lottery; or advertise or offer for sale any C. '51, 8 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.

The disposal of lands by a schemes and a contract of purchase thus enin which parties were to buy tickets tired into was held void: Guenther and draw therefor, held, a lottery, , *. Dewein, 11-133.

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 li any person who is intoxicated, he shall be punished by fine not intoxicated exceeding two hundred dollars, or by imprisonment in the county k. 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.] 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 to 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.

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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.

SEC. 2. For a violation of the provisions of the foregoing Penalty for section the offender shall, on conviction thereof, be punviolation.

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. 4015. If any person knowingly bring within this state Bringing pau- any pauper or poor person, with the intent of making him a charge pers into this on avy of the townships or counties therein, he shall be punished

.. by fine not exceeding five hundred dollars and stand charged with C. '51, 2 2736.

Sec. 4046. If any person carry on or transact any business or Transacting 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 R. 2 1380). one hundred dollars, or imprisoned in the county jail not exceedC. '51, 8 2737. ing thirty days.

Sec. 4047. If any person pay out, or offer to pay, or in any Circulation of manner put in circulation, or offer to put in circulation, any bank foreign bank note, bill, or other instrument intended to circulate as money issued ted: penalty or purporting to be issued by any bank, individual, or corporation 10 Ach 52 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, befined 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 tle particulars were alleged; and any number of offenses may be included in the same prosecution, provided that where the total fires 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-lheid, that a deevi given to secure the viding a penalty for issung any bills, issuance of such notes wils void: Rryetc., to be put in circulation as monoy, / nolus 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. 4018, 4019, 4050 and 40.51, together with the two acts just referred to, are repealed by the following act.]

Seventeenth General Assembly, Chapter 1556.] Sec. 1 repeals S S 4048 to 4051 inclusive; also, 15th G. A., ch. 69, and 16tb G. A., ch. 122, and provides that the following be enacted in lieu thereof):

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Sec. 2. It shall be unlawful for any person within this state to Killing of cer

b tain game at shoot or kill any pinnated grouse or prairie chicken, between the ter first day of December and the fifteenth day of August next sons punisherl. following; any woodcock, between the first day of January and the tenth day of July; any ruffed grouse or pheasant, wild turkey or quai), 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 Sptember" 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 Killing of cerat any place within this state, to shoot or ki'l for traffic any pinna- ta ted grouse or' prairie chicken, woodcock, quail, ruffed grouse or ished. pheasant; or for any one person to shoot or kill during ały 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 outtie word "snip?" occurring in the third line of the section as it stood.] SEC. 4. It shall be unlawful for any person to kill, trap, or en- Trapping

beaver, &c. 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- linowo ration, to buy or sell, or have in possession, any of the birds have in pis

session coror animals named in section two of this act during the period when inin 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. Sec. 6. It shall be unlawful for any person, company, or cor- Shipping of

birds or ani 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: Provideil, 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

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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 salsery 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, Penalty for

or have in possession, or ship, take, or carry vut of the state, violation of his act. 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 carrie:, or any of their agents or servants, knowingly receive any railways, &c., of the above mentioned birds or animals for transportation or transport. other purpose, during the periods hereinbefore limited and pro

hibited, 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 mor more than three hundred dollars, or by imprisonment in the county jail for thirty days, or by both such. fine and imprisonment.

Sec. 9. If any person shall shoot or kill any wild duck, goose, Penalty for or brant, with any swivel gun or any kind of gun except such as using swivel

is commonly shot from the shoulder; or shall use medicated or gun or poison.

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 suall be fined twenty-five dollars for each offense, and shall stand committed to the county jail for thirty days, unless such file 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 cution may

or in any other country where the person, company, or corporation be brought.

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

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 inforFee.

mation under this act shall, in c..se of conviction, be entitled to a

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fee equal to one-half of the amount of the fine imposed on each Fee to inforniconviction, 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.] Sic. 6. No person shall place, erect, or cause to be placed or Obstructing

free passage) crecteil, 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 coinmissioner; 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, ex- Fishing with cept minnows, that are natives of the waters of the state; provided, seir

W prohibited. 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 dams for manufacturing purposes, as now provided by law.

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 inore 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 fo:lowing $ 1488. se 17th G. A., ch. 80, S S 5, 6, in-|

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 9G. A. ch. 4, line, any fish, shall be deemed guilty of trespass, and may be

14 G. A prosecuted in the name of the state of Jowa by any person in 23. 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

Bringing dissame in charge, knowingly import or drive into this state sheep eased sh having any contagious disease; or turn out or suffer any sheep into the state. having any contagious disease, knowing the same to be so diseased, i 21, 2. 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 I enforced against the purchaser, even having co..tageous disenses cannot be when he knew of such disease before

ises of another.

9 G. A, ch, 35,

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