§ 19. It shall be the duty of any of the fish commissioners, wardens, constables and sheriffs to summarily seize and take possession of any device for taking or killing fish herein declared to be unlawful and it is prohibited; they shall thereupon report such seizure to the State's attorney, who shall forthwith file in the office of the county or circuit clerk an information in the name of the People of the State of Illinois, against the alleged owner or owners thereof, or of facts of the seizure and unlawful character of the device; whereupon it shall be the duty of the clerk of the county or circuit court to immediately issue two writs or summons in the name of the People of the State against such alleged owner or owners, or, if the owner or owners be unknown, against the unknown owner or owners thereof and shall deliver one summons to the sheriff, to be served, if possible, and shall post one summons in a conspicuous place at the court house door in such county and shall docket such case with the criminal cases of such court; and upon the expiration of ten days after the posting of such notice, the circuit or county court of such county, if then in session or when next in session thereafter, shall have jurisdiction thereof upon the clerk's certificate that he posted the notice herein required or the sheriff's return of summons served, or both, and shall proceed to a trial of said case; and if no plea denying the information be filed therein, the court shall take the information as prima facie ecidence to support a judgment therein, and shall enter an order that the device subject of the information be condemned, and that, upon the expiration of twenty days after the last day of that term of court, such condemned device be sold as hereinafter provided, which order shall be certified to the sheriff by the clerk under the adjournment of the court and be by such sheriff returned with the manner of its execution; and, if a plea be entered in said case, the court shall proceed to determine whether such device be unlawful and its use prohibited by this Act, as in other cases without a jury unless demanded; and shall enter judgment of restitution or condemnation accordingly, and no recovery by the owner or owners or other persons for the value of such property so seized and destroyed in conformity with this Act shall be maintained: Provided, however, that such seine or nets so seized, the meshes of which are of legal size, shall be sold by the sheriff and the proceeds thereof be paid forthwith to the fish protection fund: Provided, however, that in streams where the use of seines or nets is prohibited by law it shall be the duty of all fish commissioners, fish wardens, sheriffs, deputy sheriffs, and constables, to summarily seize, take and destroy all devices declared by this Act to be illegal. Appeals and a writ of error shall lie from the judgment of the court in the premises as in other

cases.

§ 20. Any person or persons violating any of the provisions of the preceding sections of this Act, where no other penalty is provided, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each and every offense..

$21. Any person desiring to fish in any of the waters as provided in section 1, of this Act, within the jurisdiction of this State, with hoop net or with seine or trammel net shall first obtain a license so to do from the city clerk or county clerk who are hereby authorized to issue license, and for each such license shall pay the following sum: For each hoop net, fifty cents; for each 100 yards of seine or less $5.00, and for each 100 yards of trammel net or iess $5.00. And each city or county clerk issuing and [any] such license shall be entitled to a fee of ten cents for each license so issued by him, in addition to the fee above provided for, to be paid by the party applying for such license. Which payment so made shall license the person making the same to fish with said hoop net or seine or trammel net at such time as prescribed by this Act. The license fee above provided shall be paid by the said clerk to the State Treasurer at the end of each month and shall be placed to the credit of a fund to be known as the State Fish Protection Fund, and shall be disbursed by the State Treasurer on warrants signed by the State Fish Commissioners, approved by the Governor and filed with the Auditor of Public Accounts, who shall draw his warrant therefor on the State Treasurer. And said license shall expire on the 1st day of June following its issuance. At the time the said payment is made the persons making the same shall receive from the fish commissioners, fish warden, or deputy fish warden a metal tag, which shall be of uniform style and pattern, to be prescribed by the fish commissioners, and shall attach such metal tag to said hoop net and each 100 yards of seine or less and each 100 yards of trammel net or less, in such a manner as to be at all times exposed to public view, and any person or persons using any hop net or seine or trammel net which has no tag attached, in the manner herein provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, and the hoop net or seine or trammel net so failing to be tagged as above provided shall be held to be forfeited to the State of Illinois and may be seized and conveyed to the sheriff of the county as provided in section 18, of this Act, by any fish commissioner, fish warden or deputy fish warden, and in such case the procedure shall be the same as in this Act above prescribed, and for such seizure there shall be no right of action in favor of any person owning or using said hoop net or seine or trammel net: Provided, further, that nothing in this section contained shall be construed as relating or applying to Lake Michigan.

§ 22. The president and secretary of the fish commission shall each receive the sum of fifteen hundred dollars ($1,500) per annum, as compensation for services performed under the provisions of this Act. Said amount shall be payable from the funds collected under the provisions hereof by the State Treasurer upon proper warrant. § 23. All Acts and parts of Acts in conflict with this Act, are hereby repealed.

FILED June 5, A. D. 1907.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this 5th day of June, A. D. 1907.

JAMES A. ROSE,
Secretary of State.

§ 5. Trapping birds.

§ 31.

(HOUSE BILL No. 688.

Ferrets not to be used, etc. APPROVED MAY 28, 1907.)

AN ACT entitled, "An Act to amend sections one (1), two (2), three (3), four (4), five (5), six (6), ten (10), twelve (12), sixteen (16), eighteen (18), twenty-five (25) and thirty-one (31) of an Act entitield, 'An Act for the protection of game, wild fowl and birds, and to repeal certain Acts relating thereto,' approved April 28, 1903, in force July 1, 1903, as amended by an Act approved May 18, 1905, in force July 1, 1905.

SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections one (1), two (2), three (3), four (4), five (5), six (6), ten (10), twelve (12), sixteen (16), eighteen (18), twenty-five (25) and thirty-one (31) of an Act entitled "An Act for the protection of game, wild fowl and birds, and to repeal certain Acts relating thereto," approved April 28, 1903, in force July 1, 1903, as amended by an Act approved May 18, 1905, in force July 1, 1905, be and the same is hereby amended to read as follows:

§ I. It is hereby declared to be unlawful to hunt, kill, net, entrap, ensnare, destroy or attempt to hunt, kill, net, trap, ensnare or destroy or have in possession, any quail from the 20th day of December to the 10th day of November (both inclusive) of each succeeding year; or any ruffed grouse (partridge), pinnated grouse (prairie chickens), Mexican Blue quail, California Mountain quail, California Valley quail, Hungarian partridge (German quail), Capercailzie or Heath grouse (Black grouse), for the period of four years from and after July 1, 1907; or any woodcock or mourning dove from the 30th day of Noveinber to the 1st day of August (both inclusive) of each succeeding year; or any grey, red fox or black squirrel from the 15th day of November to the 1st day of July, (both inclusive) of each succeeding year; or any Jack snipe, Wilson's snipe, Sand snipe or any kind of snipe, or any Golden Plover, Upland Plover or any kind of plover, from the 1st day of May to the 1st day of September (both inclusive) of any year. And it shall be unlawful to kill, hunt, ensnare, entrap or attempt to kill, hunt, ensnare, entrap or otherwise destroy any wild

goose, duck, brant, coot (mud hen), rail or other water fowl at any time from the 15th day of April to the 1st day of September (both inclusive) of each year. And it shall be unlawful to hunt, kill, entrap, ensnare or attempt to hunt, kill, entrap, ensnare or otherwise destroy any wild goose, duck, brant, coot, rail or other water fowl, between the sunset of any day and the sunrise of next succeeding day at any period of the year. And it shall be further unlawful at any time to hunt, kill, entrap, ensnare or attempt to hunt, kill, entrap, or ensnare or otherwise destroy any wild goose, brant, duck, coot, rail or any other water fowl from any fixed or artificial ambush beyond the lines of natural covering of reeds, canes, willows, flags, crooked brush, wild rice or other vegetation above the water of any lake, river, bay or inlet, or other water course wholly within the State, or with the aid or use of any device commonly called sneak boat, sink box or other device for the purpose of concealment in the open waters of this State. And it shall be further unlawful to shoot, kill or destroy or shoot at any wild goose, duck, brant, coot, rail or other water fowl with a swivel gun, or from any sail boat, gasoline or electric launch or steam boat, at any time in any part of the water of any lake, river, bay or inlet or other water course wholly within this State: Provided, that it shall be unlawful to kill, entrap, ensnare or otherwise destroy any of the duck, geese, brant, coot, rail or other water fowl mentioned in this section at any time for market or other commercial purposes, nor more than twenty by one person in one day. Any person or persons so offending shall, for each and every offense, be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than fifteen nor more than fifty dollars and costs of suit, and shall stand committed to the county jail until such fine and costs are paid. Provided, that such imprisonment shall not exceed ten days, and the killing of each bird or animal herein specified shall be deemed a separate offense: Provided, that nothing in this section shall be construed to prevent the State Game Commissioner or his wardens or deputies from hunting, ensnaring or entrapping any of the game birds or animals in this section and transmitting them to other sections of the State where a scarcity of these game birds or animals exists for the purpose of propagating and restocking said sections of the State: And, provided, further, that before hunting, ensnaring or entrapping, said State Game Commissioner, his wardens or deputies, must first obtain the consent in writing of the tenants or land owners from whose premises said. game birds and animals are taken.

$2. It shall be unlawful for any person to buy, sell or have in his possession any of the animals, wild fowl or birds mentioned in section. of this Act, at any time when the killing, trapping, netting and ensnaring of such animals, wild fowl or birds shall be unlawful. And it shall further be unlawful for any person or persons at any time to buy, sell or expose for sale, or to have in his or their possession for the purpose of selling, any quail, pinnated grouse, or prairie chicken, wild duck, goose, brant, Mexican Blue quail. California Mountain quail, California Valley quail, Hungarian partridge, Capercailzie, Heath grouse (Black grouse) ruffed grouse or partridge, grey, red, fox or

black squirrel or wild turkey, except that they shall have been imported from other states as hereinafter provided for and then only between the 1st day of October and the 1st day of February of the following year. And it shall further be unlawful for any person, corporation or carrier to receive for transportation, to transport, carry, or convey any of the aforesaid quail, pinnated grouse, or prairie chicken, ruffed grouse or partridge, squirrel, duck, goose, brant, Mexican Blue quail, California Mountain quail, California Valley quail, Hungarian Partridge, Capercailzie, Heath grouse (black grouse) or wild turkey that shall have been caught, ensnared, entrapped or killed within the limits of this State, knowing the same has been sold, or to transport, carry or convey the same to any place where it is to be sold or offered for sale, or to any place outside of this State for any purpose, except such person have a license from this State so to do. And any person guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars for each and every offense, and shall stand committed to the county jail not exceeding ten days or until such fine and costs are paid: Provided, that the buying, selling or exposing for sale, having in possession for sale, transporting or carrying and conveying contrary to the provisions of this section, of each and every animal or bird forbidden herein shall be deemed a separate offense.

§ 3. Any person who shall, within the State, kill or catch or have in his or her possession, living or dead, any wild bird or part of bird. other than a game bird, English sparrow, crow, crow-blackbird or chicken hawk, or who shall purchase, offer or expose for sale any such wild bird or part of bird, after it has been killed or caught, shall for each offense be subject to a fine or five dollars for each bird killed or caught or had in his or her possession, living or dead, and shall stand committed to the county jail until such fine and costs are paid: Provided, that such imprisonment shall not exceed ten days: Provided, further, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any such birds or animals when deemed necessary by him for the protection of fruits or property. For the purpose of this Act the following only shall be considered game birds; The Anatidae, commonly known as swans, geese, brant, river and sea ducks; the Ballidae, commonly known as rail and Callinules and Limicolae, commonly known as shore birds, plovers, surf birds. snipe, woodcock and pipers, tatlers and curlews; the Calinae, commonly known as wild turkeys, grouse, prairie chicken, pheasants, partridges, quail and mourning doves.

§ 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse, quail, wild turkey, Hungarian partridge, Mexican Blue quail, California Valley quail, California Mountain quail, duck, goose or brant, any egg or eggs of such fowl or wild bird, or for any person to buy, sell or have in possession or traffic in such eggs or wilfully destroy the nests of such birds or fowls, or any or either of them. Any person so offending shall, on conviction, be fined five dollars for each offense.