fish. Sec. 12. It shall be unlawful for any person to Possession of sell, kill, destroy or have in his possession at any time, any fish except carp, chubs, sunfish or silverside less than eight inches long, or any fish whatever that is taken unlawfully, or to take, kill, destroy or have in his possession any trout or bass whatever at any time after the 14th day of January and before the fifteenth day of July following. Same. sives, drugs, etc. Sec. 13. It is hereby made unlawful for any person to take, kill, or have in his possession any shad, catfish, whitefish, perch, rock-bass, crappie, rainbow trout, goldfish, silverfish or silver eels, for a period of three (3) years after the passage of this act. Sec. 14. It shall be unlawful for any person to Use of explo- kill or take any fish from the waters of the State by the use of any poison, deleterious or stupefying drug, giant powder, quicklime or any explosive substance whatsoever, or to place or to use in or on the surface of such waters, any giant powder, quicklime or any explosive substance, or any poison, deleterious or stupefying drug, or to have in his possession any fish killed or taken by the use or aid of any of these substances. Any person found guilty of violating any of the provisions of this section shall be guilty of a felony. traps, etc. Sec. 15. It shall be unlawful for any person to Use of seines, take any fish except carp, chubs and suckers, from the public waters of the State, by the erection of any weir, dam, fence, wheel, basket, trap, net, seine, set-line, sieve, spear or gun, or any other device whatsoever, which can and may be used for the unlawful catching of fish; Provided, That for the purpose of catching carp, chubs, mullet or suckers, and these fish only, seines not more than two hundred yards long and twelve feet wide, with meshes not less than one and one-half inches square for fifty yards in the center, and meshes not less than two inches square in the wings thereof, may be used in Utah, Bear and Sevier lakes and in Green and Grand rivers, and in the lower and sluggish portions of the Bear, Weber and Jordan rivers, between September 1st and May 15th following County warden both days inclusive; Provided, That before any person shall use seines in the waters above mentioned such person shall, secure the presence of either the county warden or his deputy, who shall be paid not to exceed the sum of two dollars per day by the parties drawing to be present at seining. the seines. mouths of Sec. 16. It shall be unlawful to use seines within Seining near one-half mile from the mouth of any stream flowing streams. into any lakes in the State, or the mouths of Spring Creek channels which lead into Utah lake, or within one-half mile from the mouth of any public stream or body of water connecting two other bodies of water, or anywhere within the confines of Spring Creek lake which flows into Utah lake. canals and guarded. Sec. 17. It is hereby made the duty of the warden Irrigation of each county on the recommendation of the board of ditches to be county commissioners to see that all irrigation canals when deemed necessary in the judgment of the county warden are properly protected by some device other than a screen which will not be the means of obstructing the proper flow of water into such canals so that no fish may enter said ditches after May 15th of each year; said device to be provided by the county commissioners for each county and put in place and maintained by the owner or owners of said ditches, and a failure to comply with the provisions of this section shall be a misdemeanor. be guarded. Sec. 18. It shall be the duty of the owners or Reservoir to operators of any reservoir to furnish and maintain at all times a suitable screen at the head of their reservoirs, such as will effectually prevent fish from any of the waters of the State from passing into the reservoirs, the same to be maintained under the direction and approval of the county warden. unlawful Sec. 19. All seines, net, tackle, powder, explo- Possession of sives, lime, poisons, drugs and other means or devices device. for unlawfully taking or killing fish of any kind, found in the possession of any person who may be detected in unlawfully taking fish from any of the waters of the State, shall be seized by the officer making the arrest, and, if it appears from the evidence before the magistrate trying the cause that the seines, nets, powder, explosives, lime, poison, drugs and other means and devices for taking or killing fish were used, or were about to be used, or intended to be used for the unlaw - Confiscation. ful taking of fish, the same are hereby confiscated and shall be, by the order of the magistrate, taken and disposed of in the interest of the county treasury. take elk, deer, Sec. 20. It shall be unlawful for any person to Unlawful to kill, wound, ensnare or trap within this State for a antelope, etc. term of three (3) years from the passage of this act, any elk, deer, buffalo, bison, antelope or mountain sheep, Use of dogs in hunting unlaw ful, when. Taking partridge, grouse, etc. Taking sagehen. English spar or any fawn or young of any of said animals; and the possession of the whole or any part of the carcass of any of said animals shall be prima facie proof of such unlawful taking or killing. Sec. 21. It shall be unlawful for any person to pursue with any dog or dogs any of the animals mentioned in section 20 of this act. Sec. 22. It shall be unlawful for any person to kill, ensnare, net or entrap, or have in his possession within the State any partridge, pheasant, prairie chicken or grouse after the first day of December and before the first day of August following of any year, or to rob or destroy the nest, eggs or young of any the birds mentioned in this section. of Sec. 23. It shall be unlawful for any person to kill or have in his possession any sagehen after the first day of March and before the first day of August following in any year. Sec. 24. It shall be unlawful for any person to Taking gull, kill, ensnare, net, entrap, at any time in any year any owl, etc., except gull, owl, hawk, dove, lark, whippoorwill, thrush, row, forbidden. swallow, snowbird, bobolink, woodpecker or other insectivorous birds, except the English sparrow, or to rob or destroy the nest, eggs or young of any of said protected birds mentioned in this section. Taking wild ducks, geese, etc. Fowling-piece. Taking trout. Sec. 25. It shall be unlawful for any person to take, kill, wound, destroy, shoot at, or have in his possession any wild goose, wild duck, snipe, brant or swan, between the first day of April and the first day of October following, or to rob or destroy the nests, eggs or young of any of said birds mentioned in this section, or to take, kill, wound or shoot at any of the birds mentioned in this section between sunset and one hour before sunrise, and it shall be unlawful for any person to use any gun larger than a ten (10) guage, while hunting for fowl or birds. Sec. 26. It shall be unlawful for any person to take, kill or have in his possession, in any one day, more than fifteen pounds of trout. Sec. 27. Any person who shall have in his possesPossession of sion any game, fish or birds taken unlawfully is guilty All fish or game taken unlawfully fish or game unlawfully taken. of a misdemeanor. or game out of Sec. 28. It shall be unlawful for any person or Shipping fish persons at any time to ship or caused to be shipped, State forbidden. carried or transported out of the State any of the animals, birds, or fish, or any part thereof mentioned in this act excepting carp, chubs, suckers and mullets. Mongolian etc., prohibited. Sec. 29. Any person who shall hereafter at any Taking time within the State, wilfully kill, wound, ensnare, pheasant, quail, trap, shoot at or have in his possession any birds commonly known as the Mongolian or Chinese pheasant, English pheasant, pinnated grouse or quail except the quail found in southern Utah commonly called the California quail shall be guilty of a misdemeanor. Sec. 30. Any person violating any of the provis- Penalty. ions of this act, other than the provision of section 14, shall be guilty of a misdemeanor and shall be fined not less than $3 nor more than $300, or imprisonment not less than five days nor more than thirty days, or both, at the discretion of the court. All fines and forfeitures fines. collected under the provisions of this act shall be paid into the county treasury of the respective counties. Sec. 31. Chapter LXXVIII, of the Session Laws of 1894 entitled "An act to provide for the protection of fish and game and for the appointment of Territorial and county commissioners," and all other acts and parts of acts in conflict herewith are hereby repealed. Approved April 5, 1896. , Disposition of CHAPTER XCVII. TAX ON INSURANCE COMPANIES. AN ACT to provide for Taxes on the Gross Premium Receipts of Insurance Companies. Be it enacted by the Legislature of the State of Utah: receipts taxed. SECTION 1. Every insurance company doing busi- Gross premium ness in this State shall pay to the State annually a tax of one and one-half per cent. on the gross premium receipts of any such company, collected from policy holders within the State, subject however to the deductions allowed in section 3 of this act. Sworn state ment of busi Sec. 2. Every such company shall, on the thirtyfirst day of March of each year, furnish to the Secretary ness to be filed. Of State a sworn statement of the total business transacted by such company in the State during the year ending December 31, prior thereto. Such statement shall be in the form prescribed by the Secretary of State and shall show: Form. Statement for 1896. Date of payment of tax. Company entitled to deduction. Failure to render state 1. The gross amount of premiums collected from policy holders during the year or since the last report; 2. The serial numbers of the policies issued during the year or since the last report, together with the premium collected upon each such policy. Said statement shall be filed in the office of the Secretary of State, for which filing he shall collect from the insurance company making the same the sum of two dollars; Provided; That the statement to be filed in 1896 may be so filed on or before the 30th day of April, 1896. Sec. 3. The Secretary of State, after filing the said verified statement in his office, shall certify the amount of such gross premium receipts to the State Treasurer. Within ten days thereafter every such insurance company shall pay or cause to be paid into the State treasury such tax of one and one-half per cent. on all such gross premium receipts. Provided, That whenever any such insurance company shall have paid a tax within the State upon its property, it shall be entitled to deduct from the amount of the said one and one-half per cent. on its gross premium receipts, the amount of such tax paid upon its property. Sec. 4. Any insurance company failing or refusing to render such statement and to pay the required one ment or pay tax. and one-half per cent. on such gross premium receipts for more than thirty days after the time herein specified, shall be liable to a fine of one hundred dollars for each additional day such statement and payment is delayed, and to have its license revoked. And the said taxes may be collected by an action to be instituted by the Attorney General in the name of the State, in the county where the principal office of such insurance company is located, and such company shall be prohibited from doing business in this State until payment of such taxes and fine, should any be imposed, is fully made and notice thereof given to the Secretary of State. Upon payment of such taxes and fines or other moneys to the State Treasurer, and the giving of notice to the Secre Revoking license. Resuming business. |