1919 N.D. Laws 173-74

8. AMENDMENT.] Section 51 of Chapter 161 of the Laws of North Dakota for the year 1915 is hereby amended and re-enacted to read as follows: Sec. 51. ILLEGAL ACTS. PENALTIES FOR GOING AFIELD WITH GUNS.] Any person traveling in any manner in any part of this state off the public highway, outside of the immediate bounds of the inhabited parts of any village, town or city in possession of any kind of a shot gun, with or without a dog or dogs commonly used or kept for the purposes of use in hunting any game birds mentioned in this Act, from the first day of July to the fifteenth day of September (both inclusive) each year, shall be presumed to have violated or attempted to so violate the provisions of this Act as to unlawful hunting, shooting or taking of game birds, as mentioned in this Act, the hunting, taking, or shooting of which is prohibited during said time. The use of traps, snares, and all other devices used to take game birds as defined in this Act is hereby prohibited and subjects the person using the same to all penalties prescribed in this Section for hunting, shooting, snaring, trapping or taking any of the game birds and the fact that any snares, traps or other devices used for the purpose of trapping, snaring or taking such game birds, are found in the possession of, or upon the premises of any person, shall be prima facie evidence of the guilt, violated or attempted violation by such person of the provisions of this Act. Any person convicted of violation or attempted violation of any provision of this Section shall be punished by the fine herein prescribed. Any person convicted of the violation of any of the provisions of this section shall be fined not less than ten dollars nor more than fifty dollars and costs of prosecution, or by imprisonment in the county jail for not less than ten days nor more than thirty days, or both fine and imprisonment at the discretion of the court.