50 



be less than two inches square: Provided, hon-ever, that seinin^ri'shall he 

 lawful and allowed between the first day of July in each year and the 

 first day of April in the following year, with seins, the meshes of which 

 shall not be less thaa two inches square, in such rivers or streams as are 

 used for navigation, wholly within tire State, and not above or beyond 

 any private or corporate dams on said rivers or streams, and also iri the 

 navigable bays or lakes connected with such navigrable streams, wholly 

 within the State and not extending beyond the overflowed bottoms of such 

 rivers or streams: Provided, uho. that it shall be lawful for the Fish 

 Commissioners, or persons authorized by them, to take fish, in any way, 

 at any time they deem best, for the purposes of propagation or distribu- 

 tion. It shall be unlawful for any person to knowingly buy, sell, or have 

 in possession any fish, at any time, which shall have been caught, taken 

 or killed contrary to the provisions of this act, and any person so offend- 

 ing shall be deemed guilty of a misdemeanor and fined as provided in 

 this act. 



I 1. Any person or persons who shall, for the purpose of fishing, with- 

 out the consent of the owner, trespa>-s upon the lands nf another, con- 

 taining any fish pond or lake, whether natural or artificial, when ard 

 where the waters of such pond or lake are not directly cfmnected with 

 any other water course of this State, shall be deemed guilty of a misde- 

 meanor, and, on conviction, shall be fined in any sum not "less than ten 

 nor more than one hundred dollars and cost of suit, for the first offense, 

 and not less than thirty nor more than two hundred dollars for the sec-. 

 ond offense, and the same for each subsequent offense as for the second 

 offense. 



? 8. To enforce the provisions of this act, all suits brought under the 

 same shall be brought in the name of the People of the State of Illinois, 

 and shall be brought on the complaint of any person or persons showing 

 by affidavit that some section of this act has been violated, giving the 

 names of the person or persons violating, if known, and. if unknown, sucli 

 affidavit shall state by some person or persons whose name or names are 

 unknown, and such complaint shall be made before any justice of the 

 peace of the county in which such violation has been made. 



I 9. Where such violation is alleged to have been committed upon that 

 portion of a stream or water course which may be the dividing line be- 

 tween two counties, then the complaint may be made to any justice of 

 the peace of either of such counties. 



I 10. If the justice before whom such complaint shall be made shall 

 be satisfied that there is reasonable cause to justify the making of such 

 complaint, he shall issue his warrant, directed to the sheriff or constaViJe 

 of such county, commanding him forthwith to arrest and bring l^efore him. 

 or, in his absence, before some other justice of the peace within such 

 county, the person or persons alleged to have been guilty of violating any 

 of the sections of this act. 



g il. Whenever any person or persons shall be brought before any jus- 

 tice of the peace, in the manner provided in this act, it shall be the duty 

 of such justice to hear and determine the complaint. The person or per- 

 sons so charged may demand a jury at any time before the commencement 

 of the trial, and the case shall be tried as cases liefore justices in civil 

 cases, and judgment shall be for conviction or acquittal of the defendant 

 or defendants in the case. In case a jury is called, the form of a verdict 

 shall be, if for conviction: "We. the jury, find tlie defendant guilty, and 



assess the fine at dollars:"" and if for acquittal: "We. tlie jury, find 



the defendant not guilty."" The justice shall pronounce judgment in ac- 

 cordance with the verdict. 



? 12. Whenever any judgment of conviction shall be rendered against 

 any defendant or defendants, as above ])rovided, execution shall issue 

 forthwith on such judgment, and the sheriff or constable to whom the 

 same shall be directed shall pay one-lialf of all penalties collected on such 

 execution in payment of such judgment to the person or persons who shall 

 have made the complaint, and the remaining one-half to the superintend- 

 ent of schools of the countv wherein such trial shall be had. 



