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Horse racing.

CHARGES.

at said

1. Suffering horse to be run in race. That A. B., on the day of in the year county, unlawfully and knowingly suffered his horse to be then and there run in a certain race, commonly called a horse race, in and along a certain public highway, then and there situate, leading from New Albany to Mooresville, in said county. Bicknell's Crim. Pr. 430.

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2. Acting as rider in horse race. That A. B., on the day of at said county, unlawfully and knowingly acted as rider in a certain race, commonly called a horse race, in and along a certain highway, etc. [as in previous form].

Section defines two offenses.-It is an offense for a person to permit bis horse to be run in a horse race. It is a separate offense for a person to act as rider in a race. 1 Ind. 64.

Sufficiency of indic/ment.-The indictment in this case charges that the defendant acted as a "rider in a certain horse race, which was then and there run along a public highway, in said county, between animals of the horse kind, in a trial of speed." The court are of opinion that the charge thus made is too loose and vague to be considered sufficient in an indictment. 1 Ind. 251. Description of road.-It is not necessary, in an indictment for permitting a horse to be run on a public highway, to state the termini of the highway. 1 Ind. 532; 3 Id. 139.

Bet or wager not necessary in horse race.-To support an indictment against a defendant for knowingly suffering his horse to be run in what is commonly called a horse race, along a public highway, it is not necessary to prove that a bet or wager was made, or a distance to be run agreed upon, or that judges were appointed to decide upon the result of the race. 3 Ind. 123.

Highways. Upon the trial of such an indictment, evidence that the race was run along a road leading from one specified town to another in the county, etc., is sufficient, prima facia, to sustain the averment that the road in question was a public highway. Ibid.

Variance-Evidence.-An indictment charges the defendant with suffering his horse to be run in a horse race. The evidence showed

Game and fish laws.

son.

that the defendant rode a horse which was owned by another perHeld, that the evidence was insufficient. 52 Ind. 216. Variance-Horse or mare.-Under a statute which mentioned horse, mare, or gelding, it was held that an indictment for suffering a mare to be run was not supported by evidence that the animal run was a horse. 6 Blackf. 460.

SEC. 49. GAME AND FISH LAWS.

1. Game laws.

SEC. 1. It shall be unlawful to shoot, trap, or kill in any manner, deer, buck, doe, or fawn, within this state, between the first day of January and the first day of October in each year; and for each deer, buck, doe, or fawn so shot, trapped, or killed in any manner, the person or persons so offending shall, on conviction thereof, be fined in the sum of ten dollars.

SEC. 2. It shall be unlawful to net or trap quails at any time; and it shall be unlawful to shoot, trap, or destroy quails or pheasants from the first day of January to the first day of November of each year. Any person or persons violating the provisions of this section shall, upon conviction thereof, be fined the sum of two dollars for each quail or pheasant shot, trapped, or netted.

SEC. 3. It shall be unlawful to shoot or trap prairie hens or chickens, between the first day of February and the first day of October in each year, and it shall be unlawful to net prairie chickens at any time; and any person or persons violating the provisions of this section shall, upon conviction thereof, be fined the sum of two dollars for each prairie hen or chicken so shot, trapped, or netted: Provided, That nothing herein contained shall be so construed as to authorize any person to enter upon the farm or premises of another without permission of the owner thereof. That any persons or persons who shall be guilty of hunting with a dog or dogs, or hunting or shooting with any kind of firearms, in inclosed lands, without having first obtained the consent of the owner or occupant

Game and fish laws.

thereof, shall be guilty of a misdemeanor, and upon convicion thereof, shall be fined in any sum not less than five nor more than fifty dollars: Provided, That no prosecution shall be instituted under the provisions of this act except upon the consent of the owner or occupant of the lands entered.

SEC. 4. It shall be unlawful for any person to kill or injure, or to pursue with intent so to do, any turtle dove, meadow lark, robin, mocking bird, blue bird, wren, sparrow, red bird, pe-wee, martin, thrush, swallow, oriole, yellow hammer, cat bird, or to wantonly destroy or disturb the eggs or young of the birds protected by this act, and any person violating the provisions of this act or section shall, upon conviction thereof, be fined in the sum of not less than one nor more than ten dollars.

SEC. 5. That it shall be unlawful for any person to net, trap, kill or injure, or to pursue with intent so to do, any woodcock, between the first days of January and July of each year, or to net or trap at any time, or kill any duck between the fifteenth day of April and the first day of September in each year; and any person violating the provisions of this act shall, upon conviction thereof, be fined in the sum of two dollars for each wild duck or woodcock so unlawfully trapped, netted, or shot.

SEC. 6. That it shall be unlawful for any agent or officer of any express company or railroad company, or any other person or persons, to receive or transport any game, whether deer, quails, pheasants, woodcock, wild duck, or prairie chickens, which shall have been killed, taken, or captured in violation of any of the provisions of this act; and any agent, officer, or other person so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in the sum of ten dollars for each deer, buck, doe, or fawn so received or transported, and the sum of two dollars for each quail, pheasant, or prairie chicken so received or transported. Acts 1877 (Reg. Session), pp. 69, 70.

SEC. 2. That it shall be unlawful to shoot, trap, or otherwise destroy wild turkeys, between the first day of March and the first day of September, in each year, and any person or per

Game and fish laws.

sons so shooting, trapping, or otherwise destroying the same, shall, on conviction thereof, be fined three dollars for each and every wild turkey so shot, trapped, or otherwise destroyed; one half to be paid to the informant, and the other half to the common-school fund.

SEC. 5. If any person shall be found in possession of any species of game, hereinabove mentioned, within the periods respectively, within which the shooting, ensnaring, trapping, netting, or otherwise destroying the same, is prohibited, such possession shall be prima facie evidence that the same was shot, ensnared, netted, trapped, or otherwise destroyed by such person, in violation of the provisions of this act respectively.

SEC. 6. It shall be unlawful for any person or persons to have in his or their possession any deer, buck, doe, or fawn, or any wild turkey, or any pheasants, or quails, or any prairie hen or chicken, killed within any of the respective times within which the shooting, ensnaring, taking, or otherwise destroying the same, is prohibited in this act; and the person so offending shall be subject to the same penalty or penalties herein above provided, for shooting, ensnaring, taking, or otherwise destroying any such game unlawfully: Provided, that the provisions of this act shall not extend to deer in parks and wild fowls domesticated.

SEC. 7. Any action for the violation of this act may be prosecuted, either in the township or county in which such person may be found having in possession any game taken or destroyed in violation of any provision of this act. Act February 26, 1857, 2 R. S. 487.

CHARGES.

1. Shooting deer. (Sec. 1.)

That A. B., between the first day of January and the first day of October, 1877, to-wit, on the day of, in the year 1877, at said county, unlawfully shot and killed one deer.

2. Destroying quails. (Sec. 2.)

That A. B., between the first day of January and the first day

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of October, 1877, to-wit, on the

day of, in the year 1877,

at said county, unlawfully shot and destroyed fifty quails.

3. Destroying eggs of birds.

day of in the year

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That A. B., on the at said county, unlawfully and wantonly did disturb and destroy certain eggs of a blue bird, then and there being in the nest of said bird, by then and there unlawfully and wantonly tearing down said nest from the tree where the same was built, and breaking and scattering said eggs upon the ground.

4. Trapping quails.

That A. B., on the day of

in the year

at said

county, unlawfully did trap fifty quails, by then and there unlawfully [here state the manner of trapping the same].

5. Railroad officer receiving and transporting game.

day of

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in the year

at said

That A. B., on the county, being then and there the conductor and agent of the railroad company, unlawfully did receive from E. F. certain game, to-wit, one hundred dead quails, which had been unlawfully killed in said county between the ist of January and 1st of November, 1877; and that the said A. B. did then and there unlawfully transport said game from to, in said county, places situate upon the said railroad, he, the said A. B., at the time he so received said game, then and there well knowing the same to have been so unlawfully killed as aforesaid.

2. Fish laws.

SEC. 78. Any person who shall, by stretching any net across any creek emptying into the Ohio river, within one mile of the mouth thereof, to prevent the ingress or egress of fish from and to such river, shall, for every day such obstruction is continued, be fined not less than five nor more than twenty dollars.

SEC. 79. Any person who shall throw any cocculus indicus or fish berries in any water, for the purpose of poisoning fish. shall be fined not less than five nor more than twenty dollars. 2 R. S. 481.

SEC. 2. No person shall place in any stream, lake, or pond,

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