SOUTH DAKOTA. 123 



at any time to send, ship, carry or transport out of this State, or to have in his or 

 their possession for that purpose any game mentioned in this Act [quail, prairie 

 chicken or pinnated grouse, sharp-tailed grouse, ruffed grouse, plover, curlew, wood- 

 cock, wild duck, goose, brant, crane] and the possession of such game by any person, 

 railroad company, express company or other common carrier shall be deemed pre- 

 sumptive evidence of the violation of the laws of this State enacted for the protection 

 of game: Provided, nothing in this Act shall be construed to abridge or repeal any 

 existing laws of this State prohibiting the sale of game within this State: Provided, 

 nothing in this section shall prevent any person from taking game during the open 

 season, and three days thereafter, out of the State when shipped in open view, tagged 

 and plainly labeled with the name of the owner thereof, and accompanied by him, 

 to be used for food only, and not for commercial purposes, and in no instance shall 

 any person be permitted to take out of the State, at any one time, a greater number 

 than twenty-five birds. Any person, corporation or company violating any of the 

 provisions of this section, shall be punished by a fine of not less than ten dollars, 

 nor more than fifty dollars for each offense. 



Attempt to violate : [Sec] 4. Any attempt to violate any provision of any sec- 

 tion of this Act shall be deemed a ^dolation of such provision. 



Approved, March 6, 1899. 



Session Laws of 1901, chap. 132, pp. 222-224. 



Sale: Sec. 8. Any person or persons whatever who shall sell or offer for sale 

 within the state of South Dakota, at any time, any carcass or parts of a carcass of 

 any of the game animals named in this act [buffalo, elk, deer, mountain sheep], 

 except as hereinafter provided, is guilty of a misdemeanor. 



Export: Sec. 9. It shall be milawful for any railway company, express company, 

 or other common carrier, or the servants or agents of such common carrier, or any 

 other person, persons or corporations at any time to send, ship, carry or transport 

 out of this state any carcass or parts of a carcass or carcasses of any game animals 

 named in this act, except as hereinafter provided. 



Sale: Sec. 12. It shall be unlawful for any person, in any one year to kill more 

 than one elk, one buffalo, three deer, and one mountain sheep. Any person ha^ing 

 lawfully killed any of the said animals is entitled to the use and possession of the 

 whole of such animal killed ; but the barter or sale of the carcass or any part thereof 

 of such animal or animals so killed is hereby prohibited; provided that the skins, 

 heads and antlers of animals lawfully killed may be sold. The possession of the car- 

 casses, skins, heads or antlers of such animals in excess of the number as herein pro- 

 vided shall be considered prima facie evidence of the violation of the provisions of 

 this section, except when in the possession of an operating taxidermist for stuflSng 

 or mounting. 



Certificates: Sec. 13. Every person, who may wdsh to transport beyond the 

 limits of this state, any carcass or carcasses, heads, antlers, scalp or skins of any of 

 the game animals named in this act, shall first procure from a justice of the peace of 

 the state a certificate to the effect that such carcass or carcasses, head, heads, antlers 

 or skins w^ere taken from animals lawfully killed. For such certificate a fee of 

 twenty-five cents may be charged by the justice. The giving of a false certificate is 

 hereby declared to be a misdemeanor. Such certificate shall become void after five 

 days from the date thereof. If such carcasses, heads, antlers, scalp or skins are 

 transported by another than the owner, such certificate shall be presented to and 

 retained by the person or corporation so carrying or transporting the same or his or 

 its agent, before such carcasses, etc., are billed for shipment or carried or trans- 

 ported, and such certificate and the possession thereof shall be a sufiicient justifica- 

 tion for the transportation of such carcasses, etc., beyond the limits of this state. 



