provided, that it shall be lawful to take at any time, or in any manner any wild fur bearing animal not specifically protected by this act, and, provided further, that animals may be taken pursuant to the provisions of Chapter 225, Session Laws of 1923.

§ 2. DESTRUCTION OF PREDATORY ANIMALS.] Land owners and tenants may destroy any wild fur bearing animal which is committing depredations upon their poultry, domestic animals or crops, but under no circumstances shall it be legal to sell, ship or commercialize in the pelts of such depredating animals, or any part thereof, if caught or killed out of season.

83. SKUNK, BADGER.] It shall be lawful to trap or take for commercial purposes the skunk and badger betweeen the first day of October and the twenty-eighth day of February, both inclusive.

4. MINK, WEASEL, RACCOON, Fox.] It shall be lawful to trap or take for commercial purposes the mink, weasel, raccoon, red and gray fox and swift between the first day of November and the thirty-first day of March, both inclusive.

5. MUSKRAT.] It shall be lawful to trap or take for commercial purposes the muskrat between the fifteenth day of December and the fifteenth day of February, both inclusive, provided that it shall be unlawful at any time, or for any purpose, to shoot, or spear the muskrat; to molest, dynamite or destroy in any manner a muskrat house, burrow or retreat.

§ 6. BEAVER, OTTER.] It shall be unlawful to hunt, trap, catch, take or kill in any manner any otter or beaver, or to cut into, molest, dynamite or destroy in any way any beaver house, burrow, retreat or dam; provided, that the Game and Fish Commission may, when proof of actual damage being committed by any beaver or colony of beaver is furnished, enter in or upon any premises where such damage is being committed and remove by its agents, under supervision of a bonded warden, such beaver; its agent may be the property owner on whose land beaver is doing damage. In such case the Game and Fish Board may make such regulation from taking beaver as it may deem necessary; and any moneys accruing from the sale of live beaver, or its fur, shall be paid over to the State Treasurer and by him credited to the Game and Fish Fund.

§ 7. DEALER'S LICENSE.] It shall be unlawful for any person to engage in the business of buying, shipping or selling of raw furs without first procuring a license, the fee for which shall be as follows: For a non-resident buyer or shipper, or his agent, license

fee shall be $50.00; for a resident shipper or buyer, the fee shall be $5.00 for each place of business in the state; for a resident traveling agent, buyer or shipper the fee shall be $15.00; said license to be obtained from the secretary of the Game and Fish Commission, fees for which shall be credited to the Game and Fish Fund in the usual manner.

§ 8. INSPECTION OF PREMISES AND RECORDS.] The Game and Fish Commission through its bonded officers shall have the right without warrant to enter upon the premises of any dealer or trader in raw furs for the purpose of inspecting any warehouse or other store rooms, or places, and to call for and inspect records of buying, shipping or selling of raw furs, provided, however, that the right to enter and search without a warrant shall in no manner be taken or construed to apply to the entry or search of the dwelling house or living quarters of any person. They shall also have the power and authority to confiscate any raw furs obtained illegally, and shall have the right to search camps, tents, automobiles or other vehicles for the same purpose.

$9. TRANSPORTATION OF FURS.] It shall be unlawful to ship raw furs within or without the boundary of the State of North Dakota without a permit and tag, said tag to be obtained from the secretary of the Game and Fish Commission, or the bonded game wardens; said permit and tag shall show in duplicate the name and address of consignor and consignee, the number of the dealers and trappers license, the number and kind of furs in the package, provided that owners, tenants or minors under sixteen years who may trap on their own premises without license must give name, postoffice and place of residence as designated by township, range, section and county, together with number and kind of furs being shipped. The duplicate must be returned to the secretary of the Game and Fish Commission. It shall be unlawful for any common carrier, agent, dealer or person to receive and transport within or without the state any raw furs that do not have the permit tag attached thereto. All unused permits and tags together with a report of number and kind of furs, bought, sold or shipped, must be returned to the secretary of the Game and Fish Commission before the first of September of each year. The Game and Fish Board may refuse to knowingly issue license to any dealer who has failed. to make such return.

§ 10. EXPIRATION OF LICENSE.] The life of all licenses issued to dealers in raw furs and trappers shall terminate on September 1st of each year. It shall be unlawful to have in possession any raw furs for more than ten days after the close of the open season for the trapping of a particular species of fur animals, unless permit to do so be obtained from the secretary of the Game and Fish Commission.

§ II. PENALTIES.] Penalties to be imposed for violation of this act shall upon conviction be as follows: For violation of Sections 3, 4, 5, or 6, a fine of not less than $25.00 nor more than $100.00 and cost or imprisonment in the county jail for not less than fifteen days, nor more than thirty days, or both such fine and imprisonment for the first conviction; for violation of Sections 7, 8, and 9, the penalty shall be not less than $75.00 nor more than $250.00, or imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment. The penalty for any subsequent violation and conviction shall be double that for the first conviction.

§ 12. TRESPASSING.] Any owner or lessee of any premises upon which there may be any muskrats shall have the right to post in conspicuous places a notice forbidding the trapping of muskrats thereon, and it shall be unlawful for anyone to trap, take or kill any muskrats thereon, provided, however, that said owner or lessee may trap muskrats in a lawful way in the open season for same. Violation of this section shall be deemed a misdemeanor.

$ 13. FISH.] The Game and Fish Commission shall have the power and authority to close any lake or lakes against the trapping or the killing of the muskrat therein when it is essential for the welfare of the game fish in said lake or lakes, notice of such closing to be posted at said lake or lakes.

§ 14. REPEALED.] Section 45 of Chapter 161, Session Laws of 1915, and Section 46 of Chapter 161, Session Laws of 1915 as amended by Chapter 63, Session Laws of 1917 as amended by Chapter 134, Session Laws of 1919 as amended by Chapter 68, Session Laws of 1921, as amended by Chapter 224, Session Laws of 1923, and all other acts and parts of acts in conflict herewith are hereby repealed.

Approved March 7, 1927.

CHAPTER 147

(H. B. No. 166-Committee on Game and Fish)

GOVERNOR'S ADDITIONAL POWERS TO OPEN AND CLOSE SEASONS

An Act Conferring Additional Powers Upon the Governor to Open and Close Seasons in Any and All Subdivisions of the State When Deemed Necessary for the Better Protection of Game Birds, Fish or Animals.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. ADDITIONAL PROTECTION-GOVERNOR'S ORDERS.] Whenever the Governor, after investigation and recommendation by the Game and Fish Commission, finds that any species of game birds, fish or animals for which an open season is provided are in danger of undue depletion or extinction or when necessary for the proper protection during the propagating period, he may by an order provide protection for such species, additional to that provided by law, and to that end may prescribe in what manner, in what number, in what places and at what times the same may be taken. Provided, further, that whenever the Governor, after investigation and recommendation by the Game and Fish Commission, finds that any species of game birds, fish or animals has become sufficient in numbers to warrant an open season, he may by order declare an open season thereon or extend the already open season as now provided by law and to that end may prescribe in what manner, in what number, in what places and at what times the same may be taken. Any order issued by the Governor pursuant to this act shall have the force of law and the appropriate penalties now prescribed by law for the unlawful killing of game shall follow and be applicable to violations of any such order. No such order shall be valid after the closing of the regular session of the Legisature next succeeding its issuance. Any resident of this state may appeal from an order issued under this section by filing within thirty days thereafter a notice of appeal, specifying the grounds on which it is based with the Clerk of the District Court of the county of his residence. The court shall after hearing, if it finds any reasonable foundation exists for said order, sustain the same, but if it finds the same to be arbitrarily issued, it shall set the same aside.

§ 2. PUBLICATION OF ORDERS.] All orders and rules and regulations affecting the entire state as provided for herein shall be published once in the official newspaper of each county affected by such orders. No order, rule or regulation shall take effect until after such publication.

Approved February 28, 1927.

CHAPTER 148

(H. B. No. 198-Committee on Game and Fish)

HUNTING LICENSES

An Act to Amend and Re-enact Section 35, Chapter 161, Session Laws of 1915, as Amended by Section 7, Chapter 224, Session Laws of 1923; and Section 36, Chapter 161, Session Laws of 1915, as Amended by Section 5, Chapter 134, Session Laws of 1919, as Amended by Section 8, Chapter 224, Session Laws of 1923; and Section 37, Chapter 161, Session Laws of 1915, Relating to Game and Fish. Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. AMENDMENT.] That Section 35, Chapter 161, Session Laws of 1915, as amended by Section 7, Chapter 224, Session Laws of 1923, is hereby amended and re-enacted so as to read as follows:

$35. LICENSES FOR RESIDENT AND NON-RESIDENT HUNTERS, FISHING AND TAXIDERMISTS. HOW PROVIDED.] HOW PROVIDED.] All persons are prohibited from hunting, catching, taking or killing any protected game bird, animal or fish in this state without having first procured a hunting, trapping or fishing license, as prescribed in this act. It is hereby provided, however, that no license is required for any resident of this state to hunt, fish or trap on lands owned by him or actually cultivated by him, or any member of his family residing permanently with him, during the open season as provided for in this act. All persons are prohibited from practicing taxidermy for pay without first having secured a license therefor. The expiration of all licenses shall be on the following dates each subsequent to their issuance: Hunting licenses on the thirty-first day of December, trapping licenses on the first day of September, fishing licenses on the fifteenth day of October, and taxidermists licenses on the thirty-first day of December. The North Dakota game and fish board shall provide the necessary blank forms for applications and licenses of all kinds and distribute them among those authorized to sell said licenses.

§ 2. That Section 36, Chapter 161, Session Laws of 1915, as amended by Section 5, Chapter 134, Session Laws of 1919 and as amended by Section 8, Chapter 224, Session Laws of 1923, is hereby amended and re-enacted so as to read as follows:

§ 36. RESIDENT LICENSES. COST. How ISSUED. APPLICATIONS. FORMS. GAME AND FISH SHIPMENTS.] Application for resident hunting, trapping or fishing licenses shall show the applicant is a bona fide resident of the state and for six months has been a resident of the county in which license is sought, shall give his