LAWS. 
120 
•j7. It. shall be unlawful f or any owner, lessee or trivances 
tenant of any property to permit the erection, construc- 
tion or maintenance on his, her or their property of any 
of the contrivances for the unlawful taking of fish and 
game prohibited by this act, or to permit the setting of 
any fyke or other net or the drawing of any net whatso¬ 
ever upon his, her or their property, under a penalty of 
twenty dollars for each offense; and it is hereby made 
the duty of such owner, lessee or tenant to immediately 
destroy any and all such unlawful contrivances found or 
placed upon his, her or their premises; and no suit for 
damages shall lie or be maintained against any property 
owner, lessee or tenant for any such destruction. 
38. Whenever in this act the possession of fish or gameTrom 510 
game, or the flesh of any animal, bird or fish, or any wlthout6tato - 
part thereof, is prohibited, reference is had equally to 
such fish, game or flesh, or any part thereof, coming 
from without the state as to that taken within the state. 
39. The term “waters of this state,” for the purposes defined? fstatc 
of this act, shall be construed to mean all the fresh waters 
of this state; provided, that all ponds, lakes and waters Proviso, 
created by or under the exclusive control of individuals 
or associations, stocked and maintained as the sole ex¬ 
pense of such individuals or associations, and not run¬ 
ways for migratory fish, shall be considered private 
waters, and shall be exempt from the provisions of this 
act as far as such individuals and the members of such 
associations or persons receiving permits from them are 
concerned. 
40. The board of fish and game commissioners is f a e k r “earpand 
hereby authorized to issue, in its .discretion, to all suckers - 
properly accredited persons, permits to take carp and 
suckers from the waters of this state by means of a net, 
the meshes of which shall be not less than four inches; 
provided, however, that in every case all game and food Proviso, 
fish captured therein shall be immediately returned there¬ 
from, uninjured as far as practicable; such permits to 
be issued by the board of fish and game commissioners 
under such restrictions as to the method and time of 
9 
