such order, not to exceed in aggregate the amount of the appropriation. SEC. 3. This act shall take effect and be in force from and after its passage. Approved April 22, 1897. CHAPTER 220. S. F. No. 387. An act to designate the place for taxation of grain in Taxation of elevators. Be it enacted by the Legislature of the state of Minnesota: SECTION 1. All grain in elevators, or railroad right of way, or elsewhere, shall be assessed and taxed against the owners in the assessment district where such elevator is situated. SEC. 2. This act shall take effect and be in force from and after its passage. Approved April 23, 1897. grain in An act for the preservation, propagation, protection, Preservation taking, use and transportation of game and fish. Be it enacted by the Legislature of the state of Minnesota: of game and fish. commission SECTION 1. There is hereby created a board to be Board of known as the board of game and fish commissioners of ers. the state of Minnesota, which board shall consist of five (5) members, to be appointed by the governor. They shall serve without compensation, but each shall be reimbursed his actual expenses, certified by him, with a statement of items to have been necessarily incurred in the performance of his official duties in the business of the board, not to exceed seventy-five (75.00) annually except as hereinafter provided. missioners. SEC. 2. The terms of the present members of the Terms of comboard of game and fish commissioners of the state of Minnesota shall continue the same as if this act had not been passed, and at the expirations of the terms of office of the present commissioners the governor shall appoint Office at state capitol. Duties and powers. Protection and propaga five (5) commissioners for two years and biennially thereafter. The governor shall fill vacancies by appointment, the person appointed to fill a vacancy to hold for the residue of the term only. SEC. 3. Said board of game and fish commissioners shall be given a suitable room in the capitol building for an office, with proper furniture therefor, and also sufficient stationery and blanks for the use of the board and its officers in the transaction of the business of the board. SEC. 4. The board of game and fish commissioners shall have general charge of the following public matters, and necessary powers therefor: 1. The protection, propagation and breeding of tion of game game and fish of such species and varieties as they may deem of value to the people of the state. and fish. Collection and diffusion of information. Biennial report. Control To receive and distribute Sup't of fisheries. 2. The collection and diffusion of such statistics and information as they deem useful in regard to the protection and propagation of game and fish, and to take charge of and keep all reports, books, papers and documents which shall in the discharge of their duties hereunder come into their possession and control. 3. Said board shall biennially, on or before the first Monday in December prior to a meeting of the legislature, prepare and present to the governor a report showing what had been done by it during the prior two fiscal years, the amount of money received by it and from what sources, the amount of money expended by it and for what purposes, with such recommendations for legislative action as it may deem proper. 4. The control and management of all state fish hatcheries, the grounds used therefor, whether owned or leased, the buildings, ponds, apparatus and all other property belonging to or held by the state for the propagation of fish. 5. The purchase and establishment of new hatcheries in like manner, when appropriations shall be made by law to purchase and maintain the same. 6. The receiving from the United States commissioner of fisheries, or other persons, of all spawn or fry donated to the state, and in the most practical way, by purchase, exchange or otherwise, to procure and receive fish, spawn or fry, and to distribute the same by stocking the waters of this state, and to take such measures as shall in their judgment best promote the supply of food fish in the waters of Minnesota. 7. The taking of fish from the public waters of this state at all seasons of the year for artificial propagation and stocking of other waters of this state. 8. Said board may employ a competent person as superintendent of fisheries at such compensation as the board may fix, not to exceed twelve hundred (1200) dollars per annum, whose duty it shall be to devote his entire time to the work of fish propagation and distribution under the direction of said board. He may be removed at any time by said board. Said board may employ such assistants for said superintendent of fisheries as the exigencies of the work may require at such compensation as the board may fix. To enforce laws and ap 9. It shall be the duty of the board to enforce the laws of this state for the protection, preservation, prop- point game agation, taking, use, possession and transportation of wardens. the birds, animals and fish in this act mentioned, and to that end said board shall have the power and authority to appoint such persons as game wardens for such periods and at such compensation as said board shall determine, to aid in the enforcement of said laws. give bonds. Each game warden before entering upon the discharge Wardens to of his duties, shall give a bond to said board with two or more sureties in the sum of five hundred (500) dollars, conditioned for the faithful discharge of his duties as such warden, said bond to be approved by said board. 10. Said board of game and fish commissioners shall be entitled to the possession of any and all property be. longing to the state by virtue of this act, and to take possession for the state of any and all game and fish which is declared by this act as contraband and to dispose of the same, and to take possession for the state of any property by this act declared to be a public nuisance and to destroy the same. 11. It shall be the duty of said board, for and on behalf of the state of Minnesota, to institute and prosecute all actions and proceedings against all persons for the violation of any law of this state relating to game and fish, and to institute and prosecute all actions to recover any and all claims due said board, whether arising out of contract or otherwise, and to protect the property of the state in any manner connected with the work of said board. All criminal actions shall be entitled The State of Minnesota, as plaintiff, and all other actions and proceedings instituted by them shall be entitled The Board of Game and Fish Commissioners of the State of Minnesota, as plaintiff. Possession of Property and of game and confiscation fish. To institute prosecutions. attorney. 12. The board may employ an attorney to perform May employ such legal services as the board may require. He may appear for said board in all civil actions in which said board or any of its wardens may be interested by reason of their position under this act, and he may assist the county attorney in the prosecution of criminal actions arising under this act, and when for Powers of board. Executive agent, pow. ers and salary. To give a bond. Treasurer of board. Property exempt from taxation. Executive agent and others may serve warrants and process of law. any reason the county attorney does not prosecute such criminal action such attorney so employed may conduct such prosecution on behalf of the state with the same authority as the county attorney. The compensation to be paid the attorney so employed shall be fixed by said board and paid out of the funds provided for the enforcement of this act. 13. Said board may employ such other persons as may be necessary for the proper performance of its duties at such compensation as the board may deem proper. 14. Said board shall have such powers as are now or hereafter may be committed to them by law with all powers necessarily incident to their due execution, and shall have a seal which shall be used in authenticating documents, appointments and certificates issued by them. SEC. 5. Said board shall appoint one of its members to act for it and to exercise for it, when it shall not be in session, all the rights, powers and authority vested in said board. Such person shall be known as the executive agent of the board of game and fish commissioners of the state of Minnesota, and shall devote all his time to the discharge of the duties of such position. He shall act as such executive agent during the pleasure of said board, and be subject to its direction and control. He shall receive such compensation as the board may fix, not exceeding two thousand (2000) dollars per annum. He shall have charge of the office of said board in the capitol building. He shall, before entering upon the discharge of his duties, give a bond to the state of Minnesota in the sum of five thousand (5000) dollars, conditioned for the faithful accounting of all state property coming into his hands, said bonds to be approved by the board. SEC. 6. Said board shall elect one of its members to act as treasurer. Such treasurer shall have custody of the funds of said board, and shall, before entering upon the discharge of his duties as such treasurer, give a bond to the state of Minnesota, with two or more sureties to be approved by said board, in the sum of five thousand (5,000) dollars, conditioned for the faithful performance of his duties as such treasurer. SEC. 7. The property owned or leased for use by said board shall be exempt from taxation so long as held and used for the purposes herein specified. SEC. 8. The executive agent of said board, all its members, and all wardens appointed by said board, shall have full power and authority to serve and execute all warrants and process of law issued by any 'court in enforcing the provisions of this act, or any other law of this state relating to the preservation of game and fish, in the same manner as any constable or sheriff may serve and execute the same. And for the purpose of enforcing the provisions of this act they may call to their aid any sheriff, deputy sheriff, constable or police officer, or any other person, and it shall be the duty of all sheriffs, deputy sheriffs, constables or police officers and other persons when called upon to enforce and aid in enforcing the provisions of this act. Possession of birds, ani SEC. 9. No person shall at any time or in any manner acquire any property in or subject to his dominion or mals and fish. control, any of the birds, animals or fish within this state of the kinds herein mentioned, but they shall always and under all circumstances be and remain the property of this state. By killing, catching or taking the same, however, in the manner and for the purposes herein authorized, and during the periods when their killing is not herein prohibited, the same may be used at the time, in the manner and for the purposes herein expressly authorized, but not otherwise; and whenever any person kills, catches, takes, ships or has in his possession, or under control, any of the birds, animals or fish mentioned in this act at a time or in a manner prohibited by this act, such person shall thereby forfeit and lose all his right to the use and possession of such bird, animal or fish, and the state shall be entitled to the sole possession thereof. of birds. Prohibitions between Nov. and Sep., Dec. and July. and Oct., Oct. SEC. 10. No person shall catch, take, kill or have in Protection possession or under control for any purpose whatever, at any time, any whippoorwill, nighthawk, bluebird, finch, thrush, linnet, lark, wren, martin, swallow, bobolink, robin, catbird, or any other harmless bird, except blackbirds and English sparrows, except as hereinafter allowed; (but nothing herein contained shall be construed to prevent the keeping of song birds as domestic pets). It shall be unlawful and is prohibited to catch, take, kill or have in possession or ship any woodcock, turtle dove, snipe, upland plover, prairie chicken or pinnated grouse, white-breasted or sharp-tailed grouse, between the first day of November and the first day of September following; or any quail, partridges, ruffled grouse or pheasant, between the first day of December and the first day of October following; or upland plover, prairie or golden plover, between the thirty-first day of October and the fourth day of July following; or any Mongolian, English or Chinese pheasant at any time prior to the first day of September, A. D. one thousand nine hundred and four (1904). The sale, exposing for sale, having in possession with intent to sell, or the shipment to any person, either within or without this state, by |