Ten quail, limit. Prairie chicken exempt in certain counties until 1912. Water fowl, to Feb. 1. demeanor, and upon conviction thereof shall be punished as hereinafter provided: Provided, That no person shall in any one day kill more than five of the game birds mentioned in this section, it being the intention hereof to limit bags of one day to five birds, no matter how many varieties of these protected upland birds are included in the bag: Provided further, That ten quail may be killed in one day during the season when it is lawful to hunt the same, but the limit of the upland game birds, if quail are included in the same, for one day, shall never exceed ten upland birds, and the limit of the bag for one week shall Lever exceed thirty upland birds: Provided further, That in all counties of the State of Washington lying east of the western boundary of Okanogan, Chelan, Kittitas, Yakima, and Klickitat, it shall be unlawful to hunt, pursue, kill, injure, destroy or possess any prairie chickens from and after the passage of this act and before the first day of September, 1912: Provided, however, That this last mentioned proviso regarding prairie chickens shall not apply to the counties of Okanogan, Chelan, Garfield, Lincoln, Walla Walla, Adams, Douglas, Columbia, Grant, Stevens and Ferry. SEC. 4. Every person who shall hunt, pursue, take, kill, season, Oct. 1 injure, destroy or possess any swan, goose, brant, mallard duck, canvas-back duck, widgeon, wood-duck, spoon-bill, gray or black duck, sprig-tail, teal or other game duck, whether named or mentioned herein, or any snipe, curlew, plover, rail, surf or shore game bird, between the first day of February and the first day of October of the same year, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided hereinafter: Provided, That in the counties of Okanogan, Ferry, Stevens, Douglas, Grant, Lincoln, Spokane, Adams and Whitman it shall be lawful to kill swan, goose, brant, or any specie of game duck and curlew, plover, rail or any specie of snipe or shore game birds, between the 15th day of September and the first day of January only: Provided furOcean beach, ther, That it shall be lawful to kill snipe, plover, rail and March April shore birds, geese and brant during the months of March, Certain counties, Sept. 15 to season, and May. April and May along the ocean beach, and five miles inland thereof, in Pacific, Chehalis, Clallam, Jefferson and San Juan counties. SEC. 5. Every person who shall, within the State of Washington, during the season when it is lawful to hunt water fowl. the same, kill more than twenty snipe, ducks, geese or brants in one day, or fifty in any one week, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided; it being the intention hereof to limit bags for one day to twenty and the limit of bags for one week to fifty of the above mentioned birds, no matter how many varieties of those birds are included in the said bag. Unlawful SEC. 6. Every person, company, club, partnership, firm or corporation, boarding-house keeper, hotel keeper, res- possession. taurant keeper, market keeper, or cold storage plant, their owners, proprietors, officers, managers, agents or servants, who shall offer for sale or for market or barter for, or exchange, or keep in their possession at any time of the year, any deer, moose, caribou, antelope, mountain sheep or mountain goat, species of any kind of the various kinds of quail or the various kinds of Chinese, English or Mongolian pheasants, grouse, native pheasants, ptarmigan, partridge, Hungarian partridge, prairie chickens, sage hens, or any kind of wild duck, goose, swan, brant, rail, plover or game shore birds, or any portion of the meat of said animals or birds, shall be guilty of a misdemeanor. Possession by the above named persons or corporations of any of the animals or game birds mentioned or named herein, or any of the meat of the same, shall be presumptive evidence that said animals, birds, or the meat of the same was unlawfully taken by the person having possession of the same, and upon conviction thereof shall be punished as hereinafter provided: Provided, That any person may have in his possession, or in cold storage, for his own use only, the number and kinds of animals and birds permitted to be taken by this act, during the time the same may be taken, provided the same were taken by the person so having them in his possession, or obtained by gift for his Hides may be sold. Offenses. Revocation of license. Rewards. Penalty. [Vetoed.] use only, or otherwise taken as provided in the previous section of this act: Provided further, That nothing in this act shall be construed to prevent the sale of hides or horns of deer, moose, elk, caribou, mountain sheep or mountain goat species, killed at or within the times when it is lawful to kill the same and which have been killed in a lawful manner. SEC. 7. The killing of any bird or single animal protected by the laws of the state shall constitute an offense, and each bird or animal so killed shall constitute a separate offense. SEC. 8. That the holder of a hunter's license issued in any county, or by the State of Washington, who shall be convicted of violating any of the game laws shall have his license revoked for the balance of the year. SEC. 9. Every person other than a regular salaried game warden or peace officer entering a complaint that any of the provisions of this act are violated and a conviction is secured thereon, shall be entitled to one-half of the fine imposed and collected by the court in such action: Provided, That said reward to the informer shall never exceed the sum of twenty-five dollars. SEC. 10. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. *SEC. 11. That all acts or parts of acts inconsistent with or in conflict with the provisions of this act are hereby repealed: Provided, however, That this repeal shall in no way affect the provisions of chapter 54 of the Session Laws of 1909, relating to protecting game on Lake Washington, which act shall remain in full force and effect. Passed by the Senate July 1, 1909. Passed by the House August 20, 1909. . *Sec. 11 of this act vetoed by the Governor Aug. 23, 1909. CHAPTER 13. [House Bill No. 9.] RELATING TO DRAINAGE. AN ACT to amend section 19 of chapter 115, an act entitled "An ch. 115, p. SECTION 1. That section 19 of chapter 115, an act [Am'd. § 19, entitled "An act to provide for the establishment and crea- 286, L. '95.] tion of drainage districts and the construction and maintenance of a system of drainage, and to provide for the means of payment thereof, and declaring an emergency," approved March 20, 1895, be and the same is hereby amended to read as follows: changed, how. Sec. 19. The work on said improvement shall begin and shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any contractor thereunder, shall have no power whatever to change said route or system of improvement or the Route manner of doing the work therein so as to make any radical changes in said improvement, without the written consent of all the land owners to be benefited thereby, and the land owners which may be damaged thereby. And in case any substantial changes in said system of improvement or the manner of the construction thereof shall be deemed necessary by said board of commissioners at any time during the progress thereof, and if the written consent. to such changes cannot be procured from said land owners, then said commissioners, for and on behalf of said district, shall file a petition in the superior court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plan or manner of the construction of said improvement, and praying therein to be permitted to make such changes, Suppleand upon the filing thereof, the commissioners shall cause proceedings. a summons to be served, setting forth the prayer of said mentary petition, under the seal of said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the land owners or others claiming any lien or interest therein appearing of record in said district, and any or all of said parties so served may appear in said cause and submit their objections thereto, and after the time for the appearance of all of said parties has expired, the court shall proceed to hear said petition at once without further delay, and if it appears during the course of said proceedings that the property rights of any of said land owners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings may call a jury to be impaneled as in the case of the original proceeding for the establishment of said improvements, and upon the final hearing of said cause, the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition, by reason of such proposed change, and shall readjust the amount of benefits claimed to have been increased or diminished by any of said land owners by reason of said proposed change in said improvements, and the proceedings thereafter shall be the same as to rendering judgment, appeal therefrom, payment of compensation and damages and filing of the certificate with the auditor, as hereinbefore provided for in the proceedings upon the original petition, and said commissioners shall have a right thereafter to proceed with the construction of said improvements according to the changes made therein. Passed by the House August 13, 1909. Approved by the Governor August 23, 1909. |