Page:Revised Codes of the State of North Dakota 1895.pdf/1397

General Provisions.|PENAL CODE.|§§ 7680–7684 § 7680. Fishing within five hundred feet of dam prohibited. It shall be unlawful for any person to take, catch, kill or destroy with hook and line or in any other manner whatever, any fish at any time at any of the milldams, mill races or any of the fish ways, sluices or aprons in any of the waters of this state, or within five hundred feet measured from the same up stream, or to cut open the ice and remove any fish from the waters through the opening thus made, or remove fish from any of the waters of this state at any time by means of spearing, seines, nets or any other device or by any other manner, except with hook and line, and in no event shall the number of fish taken, caught or killed by any one person exceed twenty-five fish in any one day.

§ 7681. Punishment for illegal fishing. Misdemeanor. Whoever shall offend against any of the provisions of the last section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than ten and not more than twenty-five dollars, and costs of prosecution, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or both fine and imprisonment in the discretion of the court, for each and every fish thus taken, caught, killed or destroyed contrary to the provisions of such section.

§ 7682. Seines and nets to be destroyed. Every seine, or other unlawful device used or intended to be used to catch, take, kill or destroy any fish in this state contrary to the laws thereof is forfeited to the state, and it is the duty of every peace officer of this state to seize and destroy any such device whenever the same is being used in the violation of the last section.

§ 7683. Shipping out of state. Every person who within this state ships or receives for shipment beyond the limits of this $5,187. state any of the game birds or animals mentioned in section 7677 or any of the fish mentioned in section 7679, is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of ten dollars for each game bird or fish so shipped or received and one hundred dollars for each animal so shipped or received.

CHAPTER 73.

GENERAL PROVISIONS.

§ 7684. Acts punishable in different ways. An act or omission which is made punishable in different ways by different provisions of this code or other penal statute may be punished under either of such provisions except that in the cases specified in sections 7696 to 7699, inclusive when the previous conviction is charged in the information or indictment and found from the evidence by the jury, the punishments therein prescribed are substituted for those prescribed for a first offense, but in no case can it be punished under more than one; and an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.

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