possession contrary to law, or a gun, boat, net, seine or other device so had in possession. (97 v. 469, § II.) to secure. SECTION 21. If a person in whose custody or possession the package, parcel, box, coat, clothing or other receptacle, or the owner or person in charge of the room, building, car, boat or other place named in the preceding section, refuses to permit such inspection, upon filing an affidavit in accordance with law before an officer having jurisdiction of the offense and receiving a search warrant Search warissued thereon, such warden may forcibly open such pack- rant, officer age, parcel, box, coat or clothing or other receptacle or room, building, car, boat or other place, and if upon inspection he finds any birds, fish or game or a gun, net, seine or other device unlawfully in possession of the person, he shall forthwith seize them and arrest the person in whose custody or possession they are found. Such birds, fish, game, gun, boat, seine or other device shall escheat to the state. (97 v. 469, § 11.) SECTION 22. No person shall catch, kill, injure, pursue or have in his possession either dead or alive, or purchase, expose for sale, transport or ship to a point within or without the state a turtle or mourning dove, sparrow, Birds, other nut-hatch, warbler, flicker, vireo, wren, American robin, than game catbird, tanager, bobolink, blue jay, oriole, grosbeck or redbird, creeper, redstart, waxwing, woodpecker, humming bird, killdeer, swallow, bluebird, blackbird, meadow lark, bunting, starling, redwing, purple martin, brown thresher, American goldfinch, chewink or ground robin, pewee or phoebe bird, chickadee, fly-catcher, gnat catcher, mousehawk, whip-poorwill, snowbird, titmouse, gull, eagle, buzzard, or any wild bird other than a game bird. No part Plumage, of the plumage, skin or body of such birds shall be sold or had in possession for sale. (97 v. 469, § 12.) SECTION 23. No person shall disturb or destroy the eggs, nests or young of a bird named in the preceding section; but nothing in this or the preceding section shall skin, etc. prohibit the killing of the chicken hawk, blue hawk, Cooper Exceptions. hawk, sharp skinned hawk, crow, great horned owl, or English sparrow, or the destroying of their nests, or prohibit the owner or duly authorized agent of any premises from killing blackbirds at any time, except on Sunday, Blackbirds. when they are found to be a nuisance or are injuring grain or other property. (97 v. 469, § 12.) Scientific excepted; SECTION 24. The preceding two sections shall not apply to a duly accredited person having a permit issued by order of the commissioners of fish and game authorizing him to collect birds, their nests, and eggs for scientific purposes only. The applicant for a permit shall present to purposes the commissioners the written testimonials of two well permit for. known scientific persons or teachers of science, certifying to the good character and fitness of the applicant and pay the commissioners a fee of five dollars. He shall also give Fee for a bond to the state in the sum of one hundred dollars with permit. two or more sureties approved by the commissioners that 24-G. & L. A. Quail season. Wood-cock and dove season. Duck, snipe, plover, etc.. season. Pheasant he will not kill a bird or take the nests or eggs of a bird for any other purpose than that provided herein, which bond shall be kept in the office of the commissioners. Each permit shall be in force for one year from the date of its issue and shall not be transferable, but upon the forfeiture of a bond of a person, his permit shall become void. (97 v. 470, § 13.) SECTION 25. No person within this state shall catch, kill, injure or pursue with such intent a Virginia partridge or quail, except from the fifteenth day of November to the fourth day of December, both inclusive; a woodcock or Carolina dove, except from the first day of September to the fourth day of December, both inclusive; a rail, shore bird, plover, snipe, wild duck, wild goose, wild swan, coot, or mud hen, except from the first day of September to the thirty-first day of December, both inclusive, and from the first day of March to the twentieth day of April, both inclusive; or a ruffed grouse, Mongolian pheasant, English season (closed pheasant, ring neck pheasant, or other pheasant, before the fifteenth day of November, 1913, or after that date except from the fifteenth day of November to the fourth day of December, both inclusive; but no person shall catch, kill, injure or pursue a wild duck or water fowl on Sunday or Monday of any week, or catch, kill, injure or pursue, or shoot such water fowl before sunrise or after sunset of any day during the time fixed herein when it shall be lawful to kill them. The birds named in this section shall be known and classed as game birds in contradistinction to all other birds. (97 v. 471, § 15.) to 1913). Sunday and ceptions as to water fowl. Use of trap, net or snare forbidden. Pot-shots, forbidden. Limits for one day's sport. Rabbits, open season, etc. SECTION 26. No person shall catch, kill, injure or pursue any of the birds mentioned in the preceding section with the aid or by the use of a trap, net or snare, or disturb or destroy the nests, eggs or young thereof; or catch, kill, injure or pursue a wild duck or other water fowl named in such section with the aid or by the use of any gun, except a common shoulder gun of not larger than ten gauge, or with the aid of or from a sink boat, sink box, sneak boat, or any other boat except a common row boat propelled by oars. No person shall shoot at any Virginia partridge or quail, except when they are flying, or kill in one day more than twelve Virginia partridge or quail, Carolina dove, woodcock, geese, rail, shore bird, plover or snipe, or more than twenty-five duck. (97 v. 471, § 15.) SECTION 27. No person shall catch, kill, injure, or pursue with such intent, a rabbit with the aid of or by the use of a gun, except from the fifteenth day of November to the fourth day of December, both inclusive; but nothing. in this section shall prohibit the killing of rabbits in any manner or at any time, except Sunday, by the owner, manager or tenant of premises or by a bona fine employe of such owner, manager or tenant when they are found injuring grain, berries, fruit, vegetables, trees or shrubbery. No ferret shall be used in catching or hunting rabbits except by the owner or lessee of lands or a bona fide employe of such owner or lessee and when they are destroying or injuring trees, shrubbery, grain, berries or fruit. (97 v. 472, § 16.) SECTION 28. No person shall kill or pursue with such intent a raccoon, except from the first day of November Coon season. to the first day of March, both inclusive; but nothing in this section shall prohibit the killing of raccoons in any manner or at any time, except on Sunday, by the owner, manager or tenant of the premises, or by his bona fide employe when such raccoons are found injuring grain or catching domestic fowls. (97 v. 472, § 16.) SECTION 29. No person shall catch, kill, injure or pursue a squirrel except from the first day of October to the thirtieth day of October, both inclusive. (97 v. 472, § 16.) SECTION 30. No person shall buy, sell, expose for sale, offer for sale, or have in possession any of the birds named in this act or any squirrel during the time when the killing of such birds or squirrels is unlawful, or take, catch, kill or pursue such birds or squirrels for the purpose of sale within this state, or for the purpose of sale or shipment beyond the limits of this state, or buy, sell, expose for sale, offer for sale or have in possession for the purpose of sale any such birds or squirrels. Squirrel season. Buying, selling, etc., prohibited. Transporta beyond limits prohibited. SECTION 31. No person shall receive for transporta- tion of game tion, transport, cause to be transported or have in his pos- of this state session with intent to transport or to secure the transportation of beyond the limits of this state any any bird mentioned in this act or a squirrel which has been killed within this state. Each bird, fowl or squirrel killed, taken, had in possession, received for transportation or transported contrary to the provisions of law shall constitute a separate offense. The reception by any person within this state of such bird or animal for shipment to a point without the state shall be prima facie evidence that they were killed within the state for the purpose of conveying them beyond the limits thereof. (97 v. 473, § 18.) SECTION 32. The provisions of the preceding section shall not apply to a common carrier into whose possession any of the birds mentioned in this act or any squirrels have come for transportation in the regular course of business, while such birds or squirrels are in transit through this state from a place without where the killing thereof is lawful, and this provision shall not prohibit having such birds or squirrels in enclosures for domestication or propagation or the keeping of rabbits and squirrels as pets. (97 v. 473, 18.) SECTION 33. No person, except the owner thereof, shall catch, kill, injure or detain an Antwerp or homing pigeon, commonly called a "carrier" pigeon which at the Carrier time of its capture or detention has the name of its owner stamped upon its wing or tail, or which has upon its leg pigeons. Non-resident license. a band bearing the name or initial of its owner, its number or any other mark designating it as a carrier pigeon. (97 v. 473, § 19.) SECTION 34. A non-resident who desires to hunt in this state shall make application for a hunter's license to the clerk of the courts of the county in which he desires to hunt, and for such license pay a fee of fifteen dollars and an additional fee of twenty-five cents if demanded by the clerk of courts. The form of such license shall be prepared by the commissioners of fish and game and approved by the attorney-general, and shall entitle the person to whom it is issued to hunt within this state in a lawful manner and to take with him from the state game and birds Fifty articles killed by him not to exceed fifty of all kinds. Such licenses, in the form approved, and blanks required for reports and records shall be furnished by the commissioners of fish and game to the clerk of courts in each county. (97 v. 474, 22.) of game Record of license. Annual report. Lake Erie fishing district defined. SECTION 35. On the payment of the fee prescribed by law by a non-resident hunter, the clerk of the courts of the county in which such hunter desires to hunt shall issue him the license provided for in the preceding section. While hunting such non-resident shall carry his license, and exhibit it upon demand to any warden or police officer. A refusal to exhibit such license shall constitute an offense. (97 v. 474, § 22.) SECTION 36. The clerk of courts shall keep a record of each license issued, which record shall be open at all reasonable hours for inspection. He shall make a report to the commissioners of fish and game in such form as they require during the month of December of each year of the number of licenses issued to hunters during the preceding year and transmit it with the moneys received by him for licenses to the president of the commissioners of fish and game. The moneys so collected shall be paid into the state treasury to the credit of the general revenue fund. v. 474, § 22.) (97 SECTION 37. Each license issued in accordance with the preceding sections shall expire on the fifth day of December next after its issue, but the commissioners of fish and game may revoke it at any time upon satisfactory proof that its holder has hunted in violation of law. No license shall be granted to a person whose license has been revoked, for a period of one year thereafter. (97 v. 474, $ 22.) SECTION 38. The waters of Lake Erie, the waters of Sandusky bay as far up as one-half mile east of the east end of Eagle Island, the waters of Portage bay as far up as Oak Harbor bridge, and the waters of the Maumee bay up to a point opposite Presque Isle shall be known as the Lake Erie fishing district of this state. All other waters over which the state of Ohio has jurisdiction whether lakes, rivers, creeks or reservoirs and whether natural or artificial, including East Harbor, West Harbor and Middle Harbor, in Ottawa County, and the waters of Ten Mile Creek lying within this state shall be known as the inland fishing district of the state. (R. S. Sec. 6968-1.) Nets, seines. etc. SECTION 39. No person shall draw, set, place, locate, maintain or have in possession a pound net, trammel net, fyke net, set net, seine, fish trap, throw or hand line with more than three hooks attached thereto, or any other device for catching fish, except a hook and line with bait or lure, in the inland fishing district of this state, or take or catch a fish in such fishing district with what are known as trot lines, bob lines, set lines or float lines, or by spearing; Trot lines, but nothing herein shall prohibit an owner and persons having the owner's consent, from taking or catching a fish by trot lines, bob lines, or by spearing in that part of a stream bordering on or running through his own lands. (97 v. 475, 23; 98 v. 197.) etc. Fishing ice regulated. SECTION 40. No person shall take or catch fish in any manner in the inland fishing district of this state while the waters thereof are frozen over, covered or partly covered with ice, or through a fissure, crack or break therein, through the unless it be done through a hole cut in the ice, not more than two and one-half feet in diameter; provided that not more than two holes shall be cut or used by any one fisherman, nor shall more than two hooks be used on any one line, and fish caught through any such holes shall not be bartered or sold. SECTION 41. No person shall take, catch, or have in possession a black bass less than ten inches in length, nor take or catch a black bass in either of the fishing districts of this state, except with hook and line with bait or lure. In the inland fishing district of this state, black bass shall not be taken in any manner between the first day of May and the thirty-first day of May, both inclusive. In the Lake Erie fishing district black bass shall not be taken in any manner between the twenty-fifth day of May and the fifteenth day of July, both inclusive; but if black bass are caught unintentionally in a net in the Lake Erie fishing district and while such net is being lifted are released alive in such a manner as not to injure them, such taking or catching shall not be an offense. (97 v. 475, § 23.) Black bass. Sale, etc., of black bass SECTION 42. No person, firm or corporation shall sell, offer for sale, barter, give away or have in possession for prohibited. any such purpose, ship or transport out of the state a black bass whether caught in either of the fishing districts of the state or caught outside of the state. Each black bass so bought, sold, offered or exposed for sale, bartered, given away or had in possession or unlawfully caught shall constitute a separate offense. (97 v. 475, § 23.) Nor shall any person, firm or corporation sell, offer for sale, barter or have in possession for any such purpose, rock bass, calico or strawberry bass, crappies, blue gills or sun fish, whether caught in either of the fishing districts of the state or outside of the state, and each fish so bought, Rock bass, sun fish, etc. |