other explosives in any of the waters of the State is prohibited, except by the special permission of the Commissioner of Fisheries and Game or his chief deputy, and then only for mining or mechanical purposes. Any one violating the provisions of this section shall, upon conviction thereof, be fined in any sum not less than two hundred and fifty dollars, nor more than one thousand dollars, to which shall be added imprisonment in the county jail for any period not less than thirty days nor more than for one year, and for a second or subsequent offense shall be fined in the sum of five hundred dollars and imprisonment in the State's prison for not less than one year and not more than three years. 3. It shall be un 2119a. Use of seines, nets, and poison prohibited. lawful to take, catch or kill or attempt to take, catch. or kill any fish in any of the waters of this State by means of any spear, seine, pond net, set net, trammel net, gill net, dip net, or any other kind of net or trap, or to kill or destroy, or attempt to kill or destroy, any fish by the use of Indian cockle, fish berries, or other substances which have a tendency to stupefy or poison fish: Provided, That the provisions of this section shall not apply to the waters of Lake Michigan, private ponds, the Ohio River, the Wabash River so far as it is the boundary line between the States of Indiana and Illinois, except that it shall be unlawful to use any net, seine or trap in the Ohio, or Wabash River so far as the same is a boundary line between the States of Indiana and Illinois, within one hundred (100) yards of the mouth of any stream emptying into such rivers from the Indiana side: Provided, further, That it shall be lawful to catch minnows for bait with a glass minnow trap or a minnow seine, which shall not be more than twelve (12) feet long, four (4) feet deep, and the meshes of which shall not be larger than one-fourth (14) of an inch. Whoever violates any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten (10) dollars, to which may be added imprisonment in the county jail for any period not to exceed thirty (30) days, and for a second and subsequent offense shall be fined not less than fifty (50) dollars nor more than two hundred ($200) dollars, to which may be added imprisonment in the county jail for any period not to exceed sixty days. 1 1. The act to provide for the protection of fish, etc., is constitutional.-State v. Hockett, 29 Ind. 302; State v. Boone, 30 id. 225, and Stuttsman v. State, 57 id. 119. 2. The Legislature of this State has the power, under the Constitution, to pass laws for the preservation of fish by limiting the time and mode of taking them. The exception in this act (§ 2117), excluding the Ohio and St. Joseph rivers from its operation, does not bring the act within the prohibition against local legislation contained in section 23, article 4 of the Constitution, The fact that, in many cases, local laws are necessary, because general ones cannot properly and justly be made applicable, is clearly implied in section 23, supra.-Gentile v. State, 29 Ind. 302. 3. An affidavit filed before a justice of the peace charged that "on or about" a certain day in April, in a certain year, at a certain county in this state, the defendant "did then and there unlawfully take one fish, with a spear, in and from" a certain river. Held, that the affidavit was sufficient.-Stuttsman v. State, 57 Ind. 119. 4. See act concerning the appointment and duties of commissioner of fisheries. Also sections 4903r to 4903u on the subject of fish ladders, their construction and repair, and section 4903v, fixing a penalty for taking fish near fish ladders. 2119b. Fishing in Lakes. 4. It shall be unlawful to take, catch or kill, or attempt to take, catch or kill, any fish in any of the inland lakes of this State, except private ponds, by any means or with any device whatever, from the first day of December of any year to the first day of April of the succeeding year, or to sell, offer for sale, or to buy any pike, pickerel, walleyed pike, perch, blue gills, black bass, green bass, rock bass, or other species of bass, at any time: Provided, That the provisions of this section shall apply only to fish caught in the waters of this State: Provided, That none of the provisions of this act shall operate to prevent any person from taking fish with a hook and line in any of the streams or ponds of this State, at any time of the year, which method is hereby expressly made lawful at any and all times of the year. Whoever violates or attempts to violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction therof shall be fined five (5) dollars for each fish caught, sold or purchased, and not less than ten (10) dollars nor more than twenty-five dollars for each attempt to catch fish in violation of any of the provisions of this section. 2119c. Number of hooks. 5. It shall be unlawful for any person to fish in any of the waters of this State with more than one trot line, having not to exceed 100 hooks, at any one time: Provided, That the provisions of this section shall not apply to the Ohio River, Lake Michigan and the Wabash River, so far as it is the boundary line between the States of Indiana and Illinois. Any person violating or attempting to violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than five nor more than fifty dollars for each offense. 2119d. Consent of land owner. 6. No person shall enter upon any enclosed land for the purpose of setting a trot line without first obtaining the consent of the owner, lessee or tenant of such premises. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than twenty-five dollars. 2119e. Possession of net, trap, etc. 7. It is hereby declared to be a misdemeanor for any person to have in his possession any seine, dip net, gill net, pond net, spear or gig, or other kind of net, spear or gig, trap or seine, or any part thereof, other than a minnow seine or glass minnow trap, spear or gig, as allowed in Section three (3) of this act, and any one convicted of having such seine, gill net, dip net, pond net, or other kind of net, spear or gig, trap or seine, or part thereof, in his possession shall be fined not less than five hundred dollars nor more than two hundred dollars for each offense, to which may be added imprisonment in the county jail for any determinate period, and every day's possession of such gill net, dip net, or other kind of net, spear or gig, trap or seine, shall constitute a separate and distinct offense under this act: Provided, That this section shall not apply to such persons who have licensed seines or nets, providing the same are disposed of within sixty days from the taking effect of this act. That it shall not apply to persons who have in their possession nets, seines, traps or other fishing tackle for the purpose of taking fish from Lake Michigan, the Ohio River, and the Wabash River in so far as it is the boundary line between the States of Indiana and Illinois. 2119f. Limiting number. 8. No person shall take, catch, kill, or possess more than twenty black bass in any one day. Where two or more persons are fishing or angling from the same boat, the aggregate number of bass taken, caught, killed or possessed by the occupants of said boat shall not exceed thirty-six. Whoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined in any sum not less than five nor more than twenty-five dollars for each fish so taken or possessed. 2119g. Size of fish. 9. No pickerel or pike perch, commonly called wall-eyed pike, less than twelve inches in length, or rock bass, or crappie, less than six inches in length, or black bass less than ten inches in length, shall be intentionally taken from the waters of this State, or possessed, and in case any such fish is taken the person taking it shall immediately return it to the waters from which it was taken without unnecessary injury. Any person violating the provisions of this section shall, upon conviction thereof, be fined in any sum not to exceed ten (10) dollars. 2119h. Commissioners' fee. 10. In all cases of conviction or on pleas of guilty of violating any provisions of this act, in all cases filed by or that have been caused to be filed by, the Commissioner of Fisheries and Game, and in no other case there shall be taxed and collected, in favor of the Commissioner of Fisheries and Game, a fee of twenty dollars as a part of the costs and against each defendant so convicted. Said fee shall be paid by the Clerk, Justice of the Peace or Mayor, as the case may be, to the Auditor of State within sixty days after the collection thereof, and such fees shall be paid to the Treasurer of State by the Auditor of State, as a part of the fish and game protective fund, to be expended by the Commissioner of Fisheries and Game in paying rewards and other expenses for the detection and conviction of persons who violate the provisions of this act and the game laws of the State. 21191. Seizures by commissioners. 11. It shall be the duty of the Commissioner of Fisheries and Game and his deputies and each Sheriff and Constable in the State, to seize and destroy any seine more than twelve feet in length and four feet in width, dip net, gill net, set net, pond net or other kind of net, trap or seine, and any gig or spear, and for each seine more than twelve feet in length, dip net, gill net, pond net, or other kind of net, trap or seine, spear or gig, the person so seizing and destroying the same shall be paid out of the county treasury of the county where the same is found and seized the sum of five dollars, and for each spear or gig so seized and destroyed they shall in like manner be paid the sum of one dollar. 2119j. Shooting fish-Penalty. 12. It shall be unlawful, at any time to shoot or shoot at any fish of any kind in any of the waters of this State. Any one found guilty of violating any of the provisions of this section shall be fined not less than five nor more than fifty dollars for each offense, to which may be added imprisonment in the county jail for any period not to exceed thirty days. 2119k. Taking fish in icy season. 13. It shall be unlawful to catch, take or kill or attempt to take, catch or kill any fish in the waters of this State when the water is covered in whole or in part with ice. Whoever shall violate the provisions of this section shall be fined in any sum not less than five dollars nor more than twenty dollars for each fish taken, to which may be added imprisonment in the county jail for a period not to exceed twenty days. 21191. Licenses revoked. 14. All licenses heretofore issued for the use of seines in the waters of the State are hereby revoked." [1899 S., p. 26. In force February 8, 1899.] 1. That it shall be unlaw 2119m. Catching fish in private ponds. ful for any person other than the owner or persons authorized by him to take, catch or attempt to take, catch or make way with any fish, eels or other property in or about a private fishpond, and any person found guilty of any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined in any sum of not less than Five Dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not less than ten days, nor more than one hundred days. 2119n. Use of dynamite in private ponds. 2. Any person other than the owner or persons authorized by him who shall kill, or destroy, or attempt to kill or destroy any fish, eels, or other property in or about any private fishpond by means of dynamite, or other explosive, compounds or substance, or by the use of Indian Cockle, fish berries, or any other poisonous substance shall be deemed guilty of a felony and upon conviction thereof, shall be imprisoned in the State Prison for a period of one year. [1881 S., p. 174. In force September 19, 1881.J' 2120. Stretching net near Ohio river. 210. Whoever stretches or places any net or other obstruction across any creek emptying into the Ohio river in this State, and within one mile of the mouth of such creek, in order to prevent the ingress of fish into such creek from such river above such obstruction, or their egress from such creek into such river, shall for every day such obstruction is continued, be fined not more than twenty dollars nor less than five dollars. 1. This is constitutional.-State v. Hockett, 29 Ind. 302; Gentile v. State, 1d. 409; State v. Boone, 30 id. 225; Stuttsman v. State, 57 id. 119. . ⠀ ⠀ 2121. Selling Canada thistle seed. 211. Whoever knowingly sells or barters any clover seed, grass seed, wheat, or any other grain containing Canada thistle seed, shall, upon conviction thereof, be fined in any sum not more than two hundred dollars nor less than twenty dollars. 2122. Allowing Canada thistles to grow. proved April 2, 1885. See § 2123.) 212. Repealed by act ap 2123. Allowing Canada thistles to grow. 213. Any person or persons who shall knowingly allow Canada thistle or thistles to grow and mature, or shall allow any Canada thistle or thistles to grow until they or any of them become of the length of four inches, measuring from the surface of the soil to the end or tip of the stem above the surface of the ground, upon his, her or their land, or upon any land which they may have under their charge or control; and every Supervisor of roads, or other officer having charge of or control over highways, who shall knowingly allow any Canada thistle or thistles to grow and mature, or grow to the length of four inches as above defined, in any public highway, street or alley over which such Supervisor or other officer has supervision; and every Roadmaster of any railroad, or other officer having charge of or control over such railroad property, who shall knowingly allow Canada thistles or any Canada thistle to grow and mature, or to grow to the length of four inches as above defined, on any lands held, owned or used by said company or by any person operating such railroad, as depot or station grounds, as right of way or otherwise, for that portion of said railroad over which such Roadmaster or other officer has supervision, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined, for the first offense, in any sum not more than twenty dollars, and for the second and each subsequent offense shall upon conviction, be fined in any sum not less than ten nor more than fifty dollars. [As amended 1899 S., p. 108. In force February 24, 1899.] 2124. Gathering cranberries on public lands. 214. Whoever gathers cranberries from any of the public lands, State lands, or lands owned by non residents, between the 1st day of May and the 15th day of September of any year, shall be fined in any sum not more than twenty-five dollars nor less than five dollars; but nothing herein contained shall prevent any person from gathering cranberries at any time on lands of which he is the owner. 2125. Overworking children in factories. 15. Whoever, being the owner, agent, overseer, or foreman of any cotton or woolen factory in this State, employs or permits to be employed, in any cotton or woolen factory of which he is the owner, agent, overseer, or foreman, any person, male or female, under the age of eighteen years, for a longer period than ten hours in any day, shall be fined not more than one hundred dollars nor less than fifty dollars. [1885, S., p. 219. In force July 18, 1885.] 2125a. Child labor - Age. Age. 1. It shall be unlawful for any person, firm, corporation, company or association engaged in manufacturing iron, steel, nails, metals, machinery or tobacco to employ or keep at work any child under fourteen years of age. [As amended, 1893 S., p. 147. In force May 18, 1893. 2125b. Child labor Hours. 2. It shall be unlawful for any person, firm, company, corporation or association engaged in manufacturing in this State and permitted by law to employ child labor or [omit "or"] to employ or keep at work any child under fourteen years of age more than eight hours per day. [As amended, 1893 S., p. 147. In force May 18, 1893. 2125c. Child labor-Penalty. 3. Any foreman, clerk, officer, agent or other person who shall violate either of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars and not more than one hundred dollars. 2126 and 2127 R. S. 1881, preventing work by threats, and impeding the operation of railroads, was repealed by act approved and in force March 9, 1889 S., P. 339. 2128. Disclosing contents of telegram. 218. Whoever, being an operator, clerk, servant, or messenger of any telegraph company, discloses the contents of any dispatch or message sent or received from any office of such company, except to a Court of justice or to a person authorized to know the same, shall be fined not more than five hundred dollars nor less than ten dollars. 2129. Promoting divorces. 219. Whoever advertises, prints, publishes, distributes, or circulates, or causes to be advertised, printed, published, distributed, or circulated, any pamphlet, circular, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind, advertising or calling attention to the procuring of divorces, either in this State or elsewhere, shall be fined not more than one hundred dollars nor less than ten dollars. But nothing in this section shall be construed to apply to the printing or publishing of a notice or advertisement required or authorized by the laws or Courts of this State. 2130. False labels of weights. 220. Whoever packs, brands, or sells, or causes to be packed, branded, or sold, any salt, beef, pork, flour, tobacco, or hay, in barrels or packages, as full barrels or packages, when such barrels or packages do not contain the weight which, by law, they are required to contain, shall be fined not more than one hundred dollars nor less than ten dollars. 2131. Altering inspector's marks. 221. Whoever alters or erases any brand or mark of any inspector appointed by proper authority, placed on any barrel of salt, flour, beef, pork, or hogshead of tobacco, or other article authorized by law to be inspected and branded, shall be fined not more than one hundred dollars nor less than five dollars. 2132. Bringing pauper into State. 222. Whoever knowingly brings. within this State a pauper, with the intention of making him or her a charge upon any of the counties of this State, shall be fined not more than one hundred dollars nor less than ten dollars. 2133. Deserting wife or child. 223. Whoever, without cause, deserts his wife, child, or children, and leaves such wife or her child or children a charge upon any of the counties of this State, or without provision for comfortable support, shall be fined not more than one hundred dollars nor less than ten dollars. 2134. Vagrancy. 224. Any person, male or female, over the age of fourteen years, and physically able to perform manual labor, who has not made reasonable effort to procure employment, or who has refused to labor for compensation when labor is offered, who is found in a state of vagrancy or practicing common begging, shall be fined not more than fifty dollars nor less than five dollars. 2135. Tramps. 225. Whoever, except a female, or blind person or cripple, not being in the county in which he usually lives or has his home, is found going about begging and asking subsistence by charity, shall be taken and deemed to be a tramp. Any tramp who enters a dwelling-house, or inclosure or yard about a dwelling-house, against the will or without the permission of the owner or occupant thereof; or does not, when requested, immediately leave such place; or does or threatens to do any |