Page:Revised Codes of the State of North Dakota 1895.pdf/1396

§§ 7678-7679 2. At any time kills or shoots any wild duck, goose or brant with any swivel gun or other gun except such as is commonly shot from the shoulder, or in hunting such birds makes use of any artificial light or battery; or,

3. Uses or employs any trap, snare, net or bird line, or medicated, drugged or poisoned grain or food to capture or kill any of the birds mentioned in subdivision 1 of this section; or,

4. Wantonly destroys any nest of eggs of any of the birds mentioned in subdivision 1 of this section; or,

5. Shoots or kills any, buffalo, elk, deer, antelope, carribou or mountain sheep, between the fifteenth day of December and the first day of November following; or,

6. At any time, uses or employs any hound or dog in running or driving any of the animals mentioned in subdivision 5 of this section; or,

7. Sets any spring or other gun, trap, snare or other device to kill, wound or destroy any of the animals mentioned in subdivision 5 of this section; or,

8. Knowingly hunts, in any way, upon the inclosed or cultivated lands of another without the consent of the owner or his agent or tenant; or,

9. Shoots or kills in any one day more than twenty-five of the game birds mentioned in subdivision 1, or more than five of the animals mentioned in subdivision 5 of this section,

Is guilty of a misdemeanor and, upon conviction thereof before any justice of the peace of the county, is punishable by a fine of ten dollars for each of the birds mentioned in subdivision 1 of this section so shot or killed or nest of eggs so destroyed and for each violation of subdivision 2.3, or 8 of this section; and one hundred dollars for each animal mentioned in subdivision 5 of this section, so shot or killed, and one hundred dollars for each violation of subdivision 6, 7, or 9 of this section.

§ 7678. Having same in possession. Every person who has S.A. in his possession any of the birds or animals mentioned in the last section killed during the time in which the killing of the same is, by the last section, prohibited, whether killed by himself or another person, is guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the county, is punishable in the manner and to the extent provided in the last section for the killing of the same.

§ 7879. Catching fish restricted. Every person who, either:

1. Takes, catches, kills or destroys any fish of any kind in any of the lakes, streams or other waters of this state, except the Missouri river, in any manner other than by angling with hook and line; or,

2. Between the first day of November and the following first day of May in each year takes, catches, kills or destroys in any manner or by any device in any of the waters of this state, except the Missouri river, any pike, pickerel, perch, buss or muscalonge for any purpose other than for propagating or breeding the same: or,

3. Exposes any such fish for sale during such period,

Is guilty of a misdemeanor and upon conviction thereof, is punishable by a fine of not less than five and not exceeding twenty-five dollars, and for every subsequent offense by imprisonment in the county jail not exceeding thirty days, or by a fine of not less than ten and not exceeding one hundred dollars, or by both.

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