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mercial purposes for periods of time not exceeding five (5) years, except that not more than one-half of the mussel producing waters of the State shall at any one time be closed. Notices of mussel preserves so established shall be inserted once in a newspaper regularly published in each of the counties in which the waters designated are located, or if there be no newspaper published in a: y such county, publication of such notice shall be made in a newspaper published in the county nearest to such waters. The establishment of such mussel preserves shall not become effective until thirty days after such publication. It shall be unlawful to take, catch or kill, or attempt to take, catch I kill mussels for commercial purposes in mussel preserves so established. § 1. MUTILATION of NoTICEs...] It shall be unlawful for any person to deface, obliterate, tear down or destroy in whole or in part, or attempt to deface, obliterate, tear down or destroy any notice or pro'amation posted pursuant to the provisions of this article.
(b) PROPAGATION OF GAME AND FISH.
§ 72. PROPAGATION of GAME.] The Department and persons specially authorized by it, may catch, take, ensnare or entrap any game of wild birds or wild animals for propagation and stocking purposes, and when so taken may transmit them to parts of the State where a scarcity of may [any] such game or wild birds or animals exist, for the purpose of re-stocking such parts of the State. The Department shall have power and authority to select and purchase, receive in donation or acquire, in accordance with the laws relating to eminent domain, suitable lands for the breeding, hatching, Propagation and conservation of game birds, wild animals and song or insectivorous birds. § 3. PROPAGATION of FISII.] The Department and persons socially authorized by it, may catch and take fish in any way at any one, from such waters as may be deemed feasible and remove therefrom ojectionable fish such as gar and hickory shad and rough fish such as asp, buffalo, red horse, shad and suckers, for propagation purposes and for the welfare of fish remaining in such waters. The Department and persons specially authorized by it, may further *scue fish from shallow waters, where fish are liable to die as a result of a drought. The Department shall take all measures within its means for the Topogation and increase of native fish and for the introduction of new Varieties of fish into the different waters of the State. The Department shall have power and authority to select and purthose, receive in donation, or acquire in accordance with the laws relative o eminent domain, suitable submerged or partly submerged lands for the breeding, hatching, propagation and conservation of fish.
(c) DAMS AND FISHWAYs.
§ 74. DAMS AND FISHWAYs...] It shall be the duty of every perso who owns or controls, or who may hereafter own or control any dam 0 other obstruction across any watercourse within the jurisdiction of th State, to erect or cause to be erected, in connection with such dam, o obstruction, a durable and efficient fishway, so that fish in such water course may have free access over or through such dam or obstruction Such dams, obstructions and fishways built or erected therein shall bo kept in good repair by the person owning or controlling the same, so a to at all times permit of the passage of fish over or through the same
In case the owner or person operating or using any dam or othel obstruction across any watercourse in the State shall fail or refuse after ten days' notice in writing by the Department, to construct or repair a fishway, the Department may construct or repair the same and recover the cost thereof from the owner of such dam or obstruction in any court of competent jurisdiction. No owner, or party in control of any dam or obstruction to any watercourse within the State, shall be required to construct a fishway in such a manner as to endanger the permanent durability of such dam or obstruction, or to impair their usefulness, and every owner of such dam or obstruction shall, after the construction or repair of fishways therein, or construction or repair thereof by the State and after the payment of the cost thereof, be entitled to receive a certificate from the Department to the effect that such fishways have been constructed or repaired in compliance with the provisions of the law.
The Department shall determine the location, character and kind of fishways to be built in dams or obstructions where none exist, and in case any differences arise between the Department and the owner of a dam or obstruction over a watercourse within the State, with reference to such questions, or with reference to the impairing of the usefulness of such a dam or obstruction by the construction of fishways therein, the same shall be submitted to a board of arbitrators, one to be chosen by the Department, one by the owner of such dam or obstruction and the third to be chosen by the two, or if they are unable to agree, then by the Governor of the State, and the decision of the three arbitrators shall be binding upon both the Department and the owner of such dam or obstruction.
ARTICLE 8. PROSECUTIONS, CONFISCATIONS, SEARCH WARRANTS AND PENALTIES.
§ 75. DUTIES OF OFFICERS AND EMPLOYEEs of THE DEPARTMENT AND OTHER OFFICERs.] It shall be the duty of all duly accredited officers and employees of the Department, and all sheriffs, deputy sheriffs, constables and other police officers to arrest any person detected in violation of any of the provisions of this Act.
It shall further be the duty of all such officers, to make prompt investigation of any violations of the provisions of this Act reported by any other person, and to cause a complaint to be filed before a court
having jurisdiction thereof in case there seems just ground for such complaint and evidence procurable to support the same. Upon the filing of such a complaint, it shall be the duty of such wicers to render assistance in the prosecution of the party complained against. Sheriffs, deputy sheriffs, constables and other police officers making arrests and serving warrants under the provisions hereof shall receive the same fees and mileage as constables are entitled to in similar cases, under the provisions of the statutes of the State, and shall also be entitled to one-half of the fines imposed and collected for violations of the provisions hereof in cases where they have filed complaints. Each duly accredited officer and employee of the Department shall have full authority to execute and serve all warrants and processes issued by any justice of the peace, police magistrate or by any court having jurisdiction under the law relative to the enforcement of the provisions hereof. $ 76. Courts – DUTY of STATE's ATToRNEY.] All prosecution under the provisions hereof shall be brought in the name of the People of the State of Illinois before a justice of the peace, police magistrate or before any court having jurisdiction under the law relative to the enforcement of the provisions hereof. It shall be the duty of all State's attorneys to see to it that the provisions hereof are enforced in their respective counties, and to prosecute all persons charged with violating the provisions hereof. § 77. VENUE–LIMITATION.] All prosecutions under the provisions hereof shall be brought before a justice of the peace, police magistrate or other court of competent jurisdiction in the county within which the offense was committed, or before a City or Municipal Court of the city within which the offense was committed, except that in cases where the offense charged is that of having sold, transported, or having in one's Possession game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs in violation of the provisions hereof, prosecutions may be brought before a justice of the peace, police magistrate or other court of Competent jurisdiction in the county or city in which any such game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs are found. All prosecutions under the provisions hereof shall be commenced within one year from the time the offense charged was committed. § 78. RESISTANCE of of FICERs.] It shall be unlawful for any Person to resist or obstruct any officer or employee of the Department in the discharge of his duties under the provisions hereof. § 79. FALSE REPRESENTATIONs.] It shall be unlawful for any Person to falsely represent himself to be an officer or employee of the Department, or to assume to so act without having been duly appointed and employed as such. , , § 80. CoNTRABAND..] All game, wild animals, wild fowls, birds, fish, mussels, turtles and frogs hunted, killed, taken or destroyed, bought, sold or bartered, shipped, or had in possession contrary to any of the provisions hereof, shall be and the same are declared to be contraband, and the same shall be subject to seizure and confiscation by any officer or employee of the Department. § 81. SEARCHES.] Officers and employees of the Department shall have power and authority, without a warrant, to enter and examine all buildings (except dwellings) fish markets, cold storage houses, camps, vessels, cars (except sealed railroad cars) conveyances, vehicles, tents, game bags, game coats or other receptacles and to open and examine any box, barrel, package or other receptacle in the possession of a common carrier, which they have reason to believe contains game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs hunted, killed, taken or destroyed, bought, sold or bartered, shipped or had in possession contrary to any of the provisions hereof, or that the receptacle containing the same is falsely labeled. Officers and employees of the Department shall be given free access to and shall not be hindered or interfered with in their examination of buildings, fish markets, cold storage houses, camps, vessels, cars, conveyances, vehicles, tents, game bags, game coats or other receptacles, and in case any officer or employee of the Department is declined free access or is hindered or interfered with in making such examination, any license held by the person preventing such free access or interfering with or hindering such officer or employe shall be subject to revocation by the Department. $ 82. EvideNCE OF ILLEGALITY..] The possession by any person of any fish, mussels, frogs or turtles, under the size or weight herein prescribed shall be prima facie evidence that the same were the property of the State at the time they were caught, taken or killed, and that the same were caught, taken or killed within the State. The possession of any wild animal, wild or game bird or any wild animal, wild or game bird found in transit, which shows shotmarks shall be prima facie evidence that the same is subject to all of the provisions hereof, pertaining to the hunting, taking and possession thereof. Whenever the contents of any box, barrel, package or receptacle consists partly of contraband and partly of legal game, wild animals, will fowls, birds, fish, mussels, turtles or frogs, the entire contents of such box, barrel, package or other receptacle shall be subject to confiscation. Whenever a person has in his or her possession in excess of the number of wild animals, wild fowls or birds permitted under the provisions hereof, the entire number of game, wild fowls or birds in his or her possession shall be subject to confiscation. § 83. DisPosition of cox TRABAND..] Contraband game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs seized and confiscated in accordance with the provision hereof, shall be either destroyed, donated to some charitable institution of the State, of its counties or cities, or otherwise disposed of as directed by the Department. $ 84. SEARCH warraNTs.] Whenever any officer or employe of the Department, sheriff, deputy sheriff, constable or other police officer of the State shall have reason to believe that any person, commercial
institution, commission house, restaurant or cafe keeper, or fish dealer has in his, her or its possession any game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs contrary to the provisions hereof, he may file, or cause to be filed, his sworn complaint to such effect before a court of competent jurisdiction and procure a search warrant and execute the same. Upon the execution of such a search warrant, the officer executing same shall make due return thereof to the court issuing the same, together with an inventory of all the game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs taken thereunder. The court shall thereupon issue process against the party owning or controlling the game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs seized, and upon the return thereof it shall proceed to determine whether or not the same were held or possessed in violation of the terms hereof, and in case of a finding to the effect that the same were so illegally held of possessed, a judgment shall be entered against the owner or party found in possession of the same for the costs of the proceeding and providing for the disposition of the property seized, as provided for by the terms hereof. $ 85. NUISANCEs.] Each and every device, including a ferret, used or operated, or attempted to be used or operated, by any person in hunting, taking, catching, killing or destroying any game, wild animals, wildfowls, birds, fish, mussels, turtles or frogs, contrary to any of the provisions of this Act, is hereby declared to be a public nuisance and subject to seizure and confiscation by any officer or employee of the Department. Ferrets and every device, the use of which by the terms of this Act is wholly prohibited, shall be destroyed upon seizure. Upon the seizure of any other device, because of the illegal use of the same, the officer or employee of the Department making such seizure shall forthwith cause a complaint to be filed before a justice of the Peace, police magistrate, or other court of competent jurisdiction and a summons to be issued requiring the owner or party in possession of such device to appear in court and show cause why the device seized should not be forfeited to the State. In case of failure to serve such summons upon the owner of such device, or party in possession of the Some at the time of the seizure thereof, notice of the proceeding before the justice of the peace, police magistrate, or other court, shall be given * required by the statutes of the State in cases of attachment. Upon the return of the summons duly served or upon posting or publication of notice made as hereinbefore provided, the court shall proceed to ormine the question of the illegality of the use of the device seized, old upon judgment being entered to the effect that such device was legally used, an order shall be entered providing for the forfeiture of the device seized to the State. $ 86. FINE.] Any person who shall be found guilty of violating on of the provisions of paragraph (b) of section 28 of this Act shall o fined not less than one thousand doilars ($1,000), or imprisoned in
the penitentiary for one year, or both fined and imprisoned, in the disCretion of the court.