any of the powers given to said commissioners in relation to the CHAP. 42 construction of fishways. 'Section 41. The following waters and their tributaries are exempt from the provisions relating to migratory fishes and the supervision of the fishways by the commissioners; that is to say, Royall river in North Yarmouth, Sewall's pond or its outlet in Arrowsic, so much of the waters of the Damariscotta river as are west of the railroad bridge near Damariscotta mills, all waters in Vinalhaven, Tremont, Mount Desert, Eden, Franklin,. and Sullivan, Pleasant river in Washington county, East Machias river, and the eastern Penobscot river in Orland. Little river in Perry shall be exempt from all the foregoing provisions that relate to maintaining fishways in said river, except during April, May and June. Waters ex empted lating to fish. from provisions re migratory Terms and land locked salmon, -alewife, defined. bass, defined. provisions chapter apfresh above flow of this ply to all waters of tide. 'Section 42. For the purposes of this chapter, the term 'salmon' means the common migratory salmon of the sea coast and rivers; the term 'land-locked salmon' means any of the species or varieties of salmon that do not periodically and habitually run to the sea, being the same locally known as 'salmon trout' and 'black spotted trout;' the term 'alewife' means the small species of migratory fish called 'alewife' but known also by the local names of 'herring' and 'gaspereau,' and also includes the similar species found in tidal waters and known as 'blueback;' and the term 'bass' means the striped bass of tidal waters. 'Section 43. The provisions of this chapter so far as they relate to fish apply to the taking of the same in all fresh waters above the flow of the tide and in all tidal waters frequented by the various species of fresh water and migratory fishes, except to the capture of shad and alewives in Denny's river and its tributaries, Pemmaquam river and its tributaries, and the Schoodic -waters lakes and their tributaries, and to the taking of white fish in the Schoodic lakes on the St. Croix river and their tributaries, by citizens of the state with set nets, during the months of May and November, and conveying them to their own homes, but not otherwise. This chapter does not apply to fish taken in the weirs on St. Croix river and does not repeal the laws relating to the St. Croix, Denny's, Pemmaquam, Cobscook, East Machias and Narraguagus rivers; nor does it apply to the taking of blue back trout; except that no person shall fish for, catch, take, kill or destroy the same, with net, seine, weir or trap, under a penalty of five dollars for the attempt, and one dollar for each blue back trout so taken, caught, killed or destroyed, to be recovered by complaint. 'Section 44. Any riparian proprietor may, within the limits of his own premises, inclose the waters of a stream not navi exempted. -penalty for killing blue back trout. Riparian inclose owners may waters not navigable, for cultivation of fish. -shall not obstruct passage of migratory fish. -may take fish any time for purposes of cultivation and propagation. -penalty for selling -when parent fish CHAP. 42 gable, for the cultivation of useful fishes; provided that he furnishes suitable passages for migratory fishes naturally frequenting such waters, and does not obstruct the passage of boats and other craft and materials, in places where the same have a right to pass. Any person legally engaged in the artificial culture and maintenance of fishes, may take them in his own enclosed waters wherein the same are so cultivated and maintained, as and when he pleases, and may at all times sell them for cultivation and propagation; but he shall not sell them for food at seasons when the taking thereof is prohibited, under a penalty of not less than ten nor more than one hundred dollars, and a further penalty of not less than one dollar for each fish so sold. Any person engaged in the artificial propagation of trout, or fresh and salt water salmon, when the parent fish are taken from public waters in the state, shall retain not less than twenty-five per cent of all eggs taken from said parent fish, and shall cause the same to be properly cared for and hatched, and when hatched and in proper condition, to be returned to a place suitable for such young fish in the original waters from which the parent fish were taken, and shall cause said parent fish to be returned to safe locations in such waters, under a penalty of not less than fifty nor more than five hundred dollars for each offense. But this section does not apply to cases in which the parent fish are taken in the manner and at the time and place permitted for the capture of such fish for food; nor to operations in fish culture conducted for public purposes by permission of the commissioners of fisheries, who may affix such conditions to their permits as they see fit, requiring in no case, however, less than twenty-five per cent of the young fish to be returned, as provided in this section. are taken from public waters, twenty-five per cent shall be returned to original waters. -does not apply to fish taken lawfully for food. Fishing in waters used for cultivation of fish, artificially prohibited. -penalty. Penalty for killing sea salmon less than nine inches, or trout less than five inches in length. 'Section 45. No person without permission of the proprietor, shall fish in that portion of a pond or other water in which fish are artificially cultivated or maintained by written permission of the fish commissioners, under a penalty of not less than ten nor more than one hundred dollars, besides two dollars for each fish so taken or killed; and, in default of payment, such offender shall be imprisoned at the expense of the prosecutor, until said forfeiture is paid or otherwise discharged by due process of law. 'Section 46. Whoever kills or destroys any sea salmon or land-locked salmon less than nine inches in length, or any trout less than five inches in length, forfeits five dollars for the offense and fifty cents for every land-locked salmon or trout so killed or destroyed. Whoever has in possession any salmon or trout of less than the above dimensions shall be deemed to have taken it CHAP. 42 in violation of this section. -having in possession any such a violation. Fish and fish deemed game wardens, appointment. -term. -duties of. 'Section 47. The governor with the advice and consent of the council, upon the recommendation of the commissioners of inland fisheries and game, may appoint suitable persons as fish and game wardens, who shall hold office for a term of three years unless sooner removed, and who shall enforce all laws relating to inland fisheries and game, and all rules and regulations in relation thereto, arrest all violators thereof, and prosecute all offenses against the same; said wardens shall have the same power to serve criminal processes against such offenders, and shall be allowed the same fees as sheriffs, for like services, and they shall have the same right as sheriffs to require aid in executing the duties of their office. They shall, before being qualified to discharge the duties required by this act, give bond to give bond. the treasurer of the state with two good and sufficient sureties in the penal sum of two thousand dollars approved by the commissioners of inland fisheries and game, conditioned for the faithful performance of the duties of their office. Inland fish -power and game wardens may serve all processes pertaining to the processes. collection of penalties for violation of the inland fish and game laws; fish wardens may be appointed inland fish and game wardens and need not give additional bond. 'Section 48. Sheriffs, deputy sheriffs, police officers and constables, are vested with the powers of inland fish and game wardens and their deputies, and shall receive for their services the same fees. 'Section 49. The commissioners and every warden throughout the state, and every sheriff and constable in his respective county are authorized and required to enforce the provisions of this chapter, and to seize any game or fish or game birds taken or held in violation of this chapter; and every such officer shall have full power and authority, and it shall be his duty, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof, and, with or without a warrant, to open, enter, and examine all camps, wagons, cars, stages, tents, packs, stores, ware-houses, store-houses, outhouses, stables, barns, and other places, and to examine all boxes, barrels, and packages where he has reason to believe any game or fish taken or held in violation of this act is to be found, and to seize the same; provided, however, that a dwelling house actually occupied can be entered for examination, only in pursuance of a warrant, or to make an arrest. -shall to serve Sheriffs and other officers, powers of vested with wardens. sioners and Commisother offized to and fish. cers, author seize game -may arrest any supposed son without guilty per warrant. -with or without warrant, all camps, may enter etc. -examine all packages sup posed to game in this act. contain violation of -dwelling houses, exempt. How pen 'Section 50. Any officer authorized to enforce the inland fish and game laws may recover the penalties for the violation alties may be recov ered. CHAP. 42 thereof in an action on the case in his own name, the venue to be as in other civil actions, or by complaint or indictment in the name of the state; and such prosecution may be commenced in the county in which the offense was committed, or in any adjoining county, and the plaintiff prevailing shall recover full costs without regard to the amount recovered. The term 'game birds' as used in this act shall be construed to mean the ruffed grouse or partridge, all species of the pheasant, woodcock, snipe, plover, quail and all ducks enumerated in this act; and the term 'game animals' shall be construed to mean moose, caribou and deer. -term 'game birds' defined. -'game animals' defined. Violators of this act may be arrested without process. -jurisdiction is granted to all courts, to be exercised as if offense had been committed in that county. All courts shall have original and concurrent juris diction with supreme judicial court. Penalty of any officer who neg lects to pay fines into the state treasury. -all fines shall be paid into state treasury. How warrant may be served on a cor poration. 'Section 51. Any officer authorized to enforce the inland fish and game laws may, without process, arrest any violator of any of said laws, and shall with reasonable diligence, cause him to be taken before any trial justice or any municipal or police court, in the county where the offense was committed, or in any adjoining county, for a warrant and trial. Jurisdiction in such cases is hereby granted to all trial justices and all other courts to be exercised in the same manner as if the offense had been committed in that county; and any officer who shall maliciously, or without probable cause, abuse his power in such proceedings, shall be liable upon complaint or indictment, to a fine not exceeding one hundred dollars, or imprisonment not exceeding three months. 'Section 52. In all prosecutions under this chapter and the amendments and additions thereto, municipal and police judges and trial justices within their counties have, by complaint, original and concurrent jurisdiction with the supreme judicial and superior courts. 'Section 53. Any officer or other person who shall receive any fine or penalty, or any part thereof, for the violation of any fish or game law, and shall neglect for more than thirty days to pay the same into the state treasury, shall be punished by a fine of not less than fifty, nor more than one hundred dollars; all fines and penalties recovered, or money paid, under any of the provisions of this chapter and the amendments and additions thereto, shall, by the person recovering the same, be paid forthwith to the treasurer of the state, after deducting legal taxable costs; and such money so received by said treasurer shall be expended by the commissioners of inland fisheries and game for the protection of the fish and game of the state. 'Section 54. In case of a violation of any of the provisions of this chapter by a corporation, the warrant of arrest may be served by an attested copy on the president, secretary or manager or any general agent thereof in the county where the action is pending, and upon return of such warrant so served, the corporation shall be deemed in court and subject to the juris- CHAP. 42 diction thereof, and any fine imposed may be collected by execution against the property of such corporation; but this section. shall not be deemed to exempt any agent or employe from prosecution. 'Section 55. If the holder of any license, certificate, or permit, issued in conformity with any of the provisions of this chapter, shall persistently or flagrantly and knowingly violate or countenance the violation of any of the provisions of this chapter, such license, certificate, or permit may be revoked by the commissioners, after due notice given of the alleged violation and an opportunity afforded to appear and show cause against the same. Licenses, revoked if persistently etc., may be holder shall violate this act. County at Duty of torneys to all violaject to commis prosecute tions, sub control of sioners.. -witnesses may be com pelled to testify other person with viola this act. such evidence shall not be used such wit 'Section 56. It shall be the duty of each county attorney to prosecute all violations of this chapter occurring within his county, when such cases may come to his knowledge, or when he may be so requested by the commissioners or any officer charged with its enforcement, the same at all times to be subject to the supervision and control of the commissioners. In any prosecution under this chapter, any participant in a violation thereof, when so requested by the county attorney, commissioners or other officer instituting the prosecution, may be compelled to testify as a witness against any other person 'charged with violating the same, but his evidence so given shall not be used against himself in any prosecution for such violation. It shall be the duty of every justice of the peace and clerk of the court before whom any prosecution under this act is commenced, or shall go on appeal, within twenty days after the trial or dismissal thereof, to report in writing the result thereof and the amount of fines collected, if any, and the disposition thereof to the commissioners, at Augusta. In all cases, the officer making the seizure or sale of fish, game or birds, shall within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses, and fees, to commisand the disposition thereof to the commissioners at Augusta. Every warden shall, in the month of December of each year, and at such other times as the commissioners may require, report to the commissioners all violations of and prosecutions under this act, occurring in his district, together with such further information as the commissioners may require. The penalty for failure of any person or officer to perform any act, duty, obligation enjoined upon him by this act, shall be deemed violation thereof. against -all seiz ures shall be reported sioners. wardens quired to may be re report to commissioners all violations. failure to or perform any duty a enjoined by 'Section 57. Cities, towns and plantations are authorized to raise annually, by a two-thirds vote at their annual meeting, a this act. Cities and towns may raise money |