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prisonment in the county jail for not less than sixty days nor more than ninety days.

1897.

DEC. 3. That all fines collected under the provisions of this act, one-half shall go to the informer, and the other half Disposition et shall be converted into the common school fund of Dade

county.

SEC. 4.

That all laws or parts of laws in conflict with this

act are hereby repealed.

SEC. 5. This act shall go into effect immediately upon its passage and approval by the Governor.

Approved June 3, 1897.

fines.

CHAPTER 4561-[No. 47.]

AN ACT to Regulate the Taking of Fish in the Waters of Osceola
County, State of Florida.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That any person or persons who shall catch any food fish in any lake, river, creek or canal in Osceola county, Florida, with any seine or net, or any set device after the passage of this act, shall be punished on conviction thereof by fine of not less than one hundred dollars, nor more than five hundred dollars, or by being imprisoned in the county jail not less than ninety days nor more than twelve months, or by both such fine and imprisonment.

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SEC. 2. That when any person or persons are caught on any lake, river, creek or canal in Osceola county, in boats Prima facie containing seines or nets, it shall be considered prima facie evidence of his, her or their guilt.

SEC. 3. That all laws or parts of laws in conflict with

this act be and they are hereby repealed.

SEC. 4. That this act shall go into effect immediately

upon its approval by the Governor.

Approved June 3, 1897.

evidence.

1897.

Penalty for violation of his act.

Fish Warden to be appointed.

Powers and duties.

Disposition of fines.

CHAPTER 4562-[No. 48.]

AN ACT Regulating the Means and Method of Capturing Food
Fishes in the Waters of the New Smyrna Inlet, Hillsboro
River, Mosquito Lagoon, Halifax River, Spruce. Tomoka, Bu-
low and Smith Creeks, and the Bays and Tributary Waters
Thereof on the East Coast of Florida, and Providing for the
Punishment of Persons Violating the Same, and Appointing a
Fish Warden, and Providing for the Escheat of Property and
Appliances, and Disposing of the Proceeds of Same.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That it shall be unlawful for any person or persons to capture any of the food fishes, except flounders, in the waters of the New Smyrna Inlet, Hillsboro river, Mosquito lagoon, Halifax river, Spruce, Tomoka, Bulow and Smith creeks, and all bays and tributary waters thereof on the East Coast of Florida, in any other way or with any other appliance than the ordinary cast net or with hook and line.

SEC. 2. That all persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten or more than fifty dollars, or by imprisonment not less than ten nor more than sixty days, and all boats, nets or other appliances found in use in the violation of this law, shall be escheated to the State upon the trial and conviction of the person violating any of the provisions of this act.

SEC. 3. That there shall be appointed by the Governor an officer to be known by the title of Fish Warden for the Waters named in Section 1 of this act, who shall have all the powers of the Sheriff in making arrests in cases where the violation of this law comes within his personal observation, without warrant, and who shall be authorized to appoint as many deputies as he may require in the performance of his duty.

SEC. 4. That of all fines collected, and the proceeds of all escheated property, under the provisions of this act, one-half shall go to the Fish Warden, and the other be covered into the fine and forfeiture fund of the county in which the trial and conviction is had.

SEC. 5. All laws and parts of laws conflicting with the provisions of this act be and the same are hereby repealed. SEC. 6. This act shall take effect upon its passage and approval by the Governor.

Approved June 3, 1897.

CHAPTER 4563.-[No. 49.]

AN ACT for the Appointment of Fish and Game Wardens in the
Various Counties of the State of Florida.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. Whenever in the judgment of the County Commissioners of any county in the State of Florida, it is deemed necessary for the protection of the fish and game interests of such county, they shall recommend to the Governor the name of a suitable person for appointment as Fish and Game Warden for such county.

SEC. 2. Upon the recommendation of the County Commissioners of any county in the State of Florida, the Governor shall appoint a Fish and Game Warden for such county, who shall continue in office for four years, and until his successor shall be appointed and qualified.

1897

County Commissioners to proper persons to Governor for as Fish or

recommend

appointment

Game Warden.

Governor to ap
Game Warden

point Fish or

Duty of Fish

Warden.

Compensation

SEC. 3. The duty of Fish and Game Wardens shall be to enforce the fish and game laws of the State of Florida, for the protection of fish, oysters and game in the counties for and Game which they shall be appointed, and to prosecute all violations of such laws. And for the better enforcement of the law, they may appoint deputies residing at convenient localities. SEC. 4. The compensation of the Fish and Game Wardens to be fixed by shall be fixed by the County Commissioners of each county. missioners. SEC. 5. The wardens and their deputies shall have power to arrest and take before a magistrate and subject to trial, Powers of Fish according to law, any person violating any of the fish and or Game game laws of the State. And the magistrate may order the seizure of any of the implements used by the offenders in violation of such law.

SEC. 6. In counties where no such wardens are appointed, it shall be the duty of the Sheriffs of the several counties to act as such Fish and Game Wardens, with the same powers, duties and responsibilities.

SEC. 7. Any Fish and Game Warden, or his deputy, who shall fail to take cognizance of the violation of any of the fish and game laws of this State, when the same is brought to their notice, shall be punished by a fine not exceeding fifty dollars, or in default thereof, to be committed to county jail for sixty days.

SEC. 8. This act shall take effect immediately after its passage and its approval by the Governor.

SEC. 9. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved June 5, 1897.

County Com

Wardens.

Sheriffs to act as Fish and Game Wardens.

Penalty for

failure of Fish warden to take cognizance of this act.

or Game

violation of

1897.

Proviso.

Exclusive right to grow sponges.

Proviso.

CHAPTER 4564-[No. 50.]

AN ACT to Protect and Encourage the Artificial Growth of Sponges Within the Waters of the State of Florida, and Conceding Certain Riparian Rights to Those Engaged Therein, and to Prescribe a License in Certain Cases.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. It shall be lawful for any person or persons owning lands bordering upon the waters of the State, to propagate and grow sponges in the waters in front of such lands, to a depth not exceeding one fathom, at low tide, and they shall have the exclusive right to sponge or propagate and grow sponges within such limits; Provided, That in no case shall this right extend beyond three hundred yards from the shore line.

SEC. 2. Any person or persons owning lands bordering upon the waters of any bay, lagoon, sound or strait shall, within their headline, have the exclusive right to sponge, propagate or grow sponges within such waters to a depth not exceeding one fathom at low tide; Provided, That this exclusive right to grow and propagate sponges shall not extend beyond the distance of three hundred yards from the shore line. And when different persons own lands upon the opposite sides of such waters, and the depth thereof does not exceed one fathom, then the lines shall extend from lines drawn across their respective headlines, to another line equi-distant from the lines drawn across such headlines.

SEC. 3. It shall be lawful for any person or persons ownRight to enclose ing lands as described in the preceding sections, or surround

or stake off waters.

Limit.

Proviso.

ing any basin, bay or lagoon, not exceeding one fathom in depth at low tide, to enclose or stake off the waters in front of such land, not exceeding the distance of three hundred yards from the shore line, for the purpose of protecting and marking the waters to which they are entitled, and they shall have the sole and exclusive right to sponge, propagate and grow sponges within such limits, out to a depth in front of such lines drawn through the headlines of their respective lines, and they shall have the right to post such enclosure and warn off trespassers; Provided, That no one shall obstruct the waterways necessary for purposes of navigation, and that no right or privilege shall extend across or beyond any waters used for navigable purposes; Provided further, That the rights and privileges mentioned in this act shall only extend to those persons who are actually engaged in the business of raising and propagating sponges.

SEC. 4. That nothing in this act shall be construed as interfering with the right of any person or persons to fish for fish or oysters in or upon said lands.

SEC. 5. Any person or persons who shall wilfully and maliciously destroy, deface or break down any sign, fence, gate, 'enclosure or stake, placed for the purpose of defining and protection of waters used for sponge culture, shall upon conviction be punished by imprisonment in the county jail for a period not to exceed six months, or by fine not to exceed five hundred dollars.

SEC. 6. It shall be lawful for any person or persons engaged in the business of artificial growth of sponge to gather sponges of any size to be used solely and exclusively for the purpose of transplanting.

1897.

Fishing for fish or oysters not prohibited.

Penalty for breaking down signs, etc.

Sponges for transplanting.

License to be

not citizens of

States.

SEC. 7. That any person not a citizen of the United States, who shall engage in the business of sponge fishing paid by persons either for himself or any other person shall, before entering the United into said business, pay an annual State license of twenty-five dollars. Any person violating the provisions of this section shall, upon conviction, be fined in a sum not to exceed fifty violation of dollars, or be imprisoned in the county jail for a period not to this section. exceed sixty days.

Approved May 12, 1897.

Penalty for

CHAPTER 4565-[No. 51.]

AN ACT to Provide for the Locating and Erecting a State Reform
School, and to Appropriate Money Therefor.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That the Governor, Attorney-General and Commissioner of Agriculture be and the same are hereby au thorized and directed to select and purchase for the State of Florida, by general warranty deed, with good title, not less than fifty nor more than three hundred and twenty acres of land, which shall be an eligible site for a reformatory school for the employment, instruction, correction and reformation of juvenile offenders, such ground to be not more than three miles distant from some town or city, and located in regard to facilities for access thereto, and also with regard to cost of living, as well as to its adaptibility to agricultural development and fertility; Provided, That in purchasing said site they shall not pay over the sum of five dollars per acre.

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