miki) > A \V v-r ST ATIOWT A- ['. S. DEPAR I Ml \ I ( >l VGRK \ LTI K BIOLOGICAL sikvky BULLETIN No. 28 I 11 vi; I Ml i;i;i wi. chief GAME COMMISSIONS AM) WABDENS THEIB APPOINTMENT, POWERS, AM) DUTIES BY K. W. WILLIAMS. Jr. GAME LAW ASSISTANT, BIOLOGICAL SURVEY WASHINGTON GO VERXM EXT PR I N T I N 1 1 < > E PIC B 19 7 CULTu; LETTER OF TRANSMITTAL l'. S. I )|.i'\i; i mini « n AORICl II i RE, Hi 1:1 \i OF BlOLOGK \i. Si i:\ BH . Washington, 1*. <\. Jum 00, 1907. Sib: I have the honor to submit herewith for publication as Bulletin No. 28 o( the Biological Survey a report entitled " ( rame ( lommissiona and Wardens," by K. W. Williams, jr., game law assistant in the Bio logical Survey. This report has been prepared under authority of section l of the Lacey Act, directing the Secretary of Agriculture to collect and publish useful information as to the preservation of game and other birds, and in response to frequent demands for information respecting the provisions for enforcing State game laws and the manner in which such laws are carried into effect. As indicated by its title, this bulletin is restricted to the appoint- ment, powers, and duties of State officers, and does not consider the enforcement of Federal laws or regulations of any kind. The reporl has been divided into three parts, as follows: Part l consists of a gen- eral discussion of the office and duties of warden-: Part II is a con- densed summary of the provisions of game laws relating to enforce- ment; and Part III contains the full text of such laws. Sections relating to fish, the operation of hatcheries, and the enforcement of special tish laws are omitted. By the aid of summaries and tables the subject-matter has been arranged so as to facilitate ready refer- ence and comparison of the various provisions. The 8 maps and diagrams are necessary for the oroper illustration of the text Respectfully, II. W- Hensh aw . Acting Chief, Biological Survey. Hon. James Wilson, Si '/■' t<< i'ij of Agriculturi . 3 CON i i:\ts. Preface Part I. Grnerai I m>< i bsion. < rame officials I ' Development ol the State game commission and wardenship 11 Commissionfi 16 Siatc game wardens 1'' County wardens 24 Dietricl and city wardens 25 Subordinate officers 26 Special local officers : >l < >ther officers 3] Game protection funds .. 3 1 < rame law administration - 43 A r l . st 43 Vnvst without warrant 45 Town- to require aid 50 A rresl <>t' t respassers by landowner 5 I Extradition 51 Search 5:; iich with wan-ant 53 Search without warrant 54 - lizure 55 Seizure of game 55 Disposition of seized game 56 Seizure of illegal appliances 58 Prosecutions 60 Who may prosecute 00 Attorneys 60 Mode of accusation 61 Statutes of Limitation 62 parate offenses 04 Special evidence 65 Pines 71 (imprisonment 74 Costs 75 Rewards to informers 75 Reports of prosecutions 77 Effecl of repeals 77 Civil actions 78 Replevin 78 Injunction 80 Miscellaneous provisions 82 Publication of game laws and reports 82 Charge to the jury S3 Suspension of prosecutions rida 1 55 I reorgia 157 [daho L58 Illinois L61 [ndiana L65 [owa 167 Kansas L69 Kentucky 171 Louisiana 17-! Main.- 17:; Marxian. 1 17s Massachusetts L82 Michigan L84 Minnesota lss M ississippi L93 Ifissouri L94 Montana 195 Nebraska 201 Nevada 204 New Hampshire 205 New Jersey ' 207 New Mexico 212 New York 21:5 North Carolina 217 North I hikota 219 Ohio .' 221 ( >klah< >ma < >regi >n 229 Pennsylvania 233 Rhode Island 24:; South Carolina 244 South I Dakota 248 Tennessee l'.^l' Texas Utah . 256 Vermont 258 Virginia 261 Washington 264 West Virginia 266 Wisconsin 269 Wyoming 275 Index 28 ILLUSTRATIONS. Plate I. Map showing officers charged with enforcement of game laws. Frontispiece II. Maps showing progress in establishment of game commissions 16 Fig. 1. States which had game commissions in 1890. Fig. 2. States which had game commissions in 1900. III. Diagram showing terms of service of State game commissioners and wardens 20 IV. Diagram showing salaries of State commissioners and wardens 24 V. States which authorize wardens to search without warrant 54 VI. States which authorize wardens to seize without warrant 56 VII. Disposition of seized game 58 PREF \< 'Pin 1 publications on game laws originally contemplated by tin Bio logical Survey and outlined In its reports comprise three series: (1) A summary »•!' the laws relating to seasons-, shipment, sale, and licenses; C_M a digest of laws relating to nongame birds; and (3) a digest of !>r<>\ isions for the enforcement of game laws. The first of these pub- lications was issued in L900 and has since been revised cadi year; the Becond was published in L900 and revised in 1902; the third is now published for the tirst time. No other general work or compilation of game laws contains existing provisions relating to enforcement, and heretofore to compare such laws it has been necessary to have recourse cither to the statutes or to the separate pamphlet editions of the game laws of each State. In number of game laws and frequency of change in their provisions the United States probably surpasses all other countries of the world. Nearly 700 game laws have been enacted by State legislatures since the passage of the Lacey Act in L900. Many of these laws are local in character, some have been amended, and a few have been repealed; but a large number of general provisions are still, nominally at least, in force. Of these a great many are dormant through lack of ade- quate means of enforcement, in spite of the fact that an important part of the legislation of the last seven years has comprised measures designed to give effect to the great body of game laws now on the statute books. It is thus evident that the child' need of game protec- tion at the present time is not so much an increase in the number of game laws as more effective enforcement of those already enacted. The problem of how to make the rapidly growing and frequently changing mass of legislation readily accessible to the general public is one which has not yet been satisfactorily solved, and the rapid in- crease in population and in the number of persons who hunt makes its solution more and more difficult, notwithstanding modern systems of publication and distribution adopted by the game departments of most of the States. In the fifty -five years which have elapsed since the office of game warden was tirst established, the population of the United Smte^ has increased from less than 25,000,000 to more than 82,000,000, and during this period the proportion of those who hunt has probably increased in even greater ratio. The number of those who hunted in 1905 is con- 9 10 PREFACE. servatively estimated at from 2,500,000 to 3,000,000. To regulate hunting by this constantly growing army of sportsmen it has been found necessary to improve the efficiency of the warden service, and since 1900 the number of States which have general officers in charge of game law enforcement has advanced from 31 to 39. In Tennessee the office of warden has been raised to the dignity of a department of the State, and in 11 States the salaiy of the executive officer is $2,000 or more, reaching in New York the sum of- $5,000 a year. The prob- lem of providing funds necessary for the maintenance of the work, intrusted to these officers has been greatly simplified by the adoption of the license system. In 1905 the funds available for game protec- tion consisted of fees from hunting licenses amounting to more than half a million dollars, specific appropriations aggregating about $350,- 000, and receipts from fines and miscellaneous sources probably suf- ficient to bring the total up to nearly a million dollars. At least 9 States have already reached the point where the warden department has been placed on a self-sustaining basis. Knowledge of the provisions by which the laws are enforced is not only important for economical and successful administration by offi- cers specially charged with such duties, but is of value to many per- sons interested in game protection, and especially to residents of States which have under consideration the establishment of a warden system best adapted to meet local needs and conditions. In order to present this information in the most convenient form the present bulletin has been divided into three parts: Part I contains a historical summary of the evolution of the warden service and general discus- sion of various features connected with warden work; Part II, a sum- mary of the important provisions of the laws stated in the briefest possible form and arranged in uniform sequence; Part III, extracts from the statutes relating to game warden departments, duties and powers of officers, and special provisions connected with administra- tion. No effort has been spared to make the report as complete and accurate as possible. In addition to extracts from the statutes, it con- tains the results of seven }^ears' observation of the methods of admin- istering game laws and the conclusions of those who have contributed to the discussion of points of special interest. The extracts from the laws have been brought down to date by inclusion of the amendments made in 1907; and in many instances the text is annotated by refer- ences to decisions of the higher courts and to important articles in sportsmen's journals for the benefit of those who may care to consult the histoiy or the discussion of special subjects. T. S. Palmer, In Charge of Game Preservation. GAME COMMISSIONS AM) WARDENS. THEIB kPPOWTMENT, POWERS, \M> DUTIES, PART I. GENERAL DISCUSSION. GAME OFFICIALS. DEVELOPMENT OF THJ 9TATE GAME COMMISSION \\l» WARDEN8HIP. The offices of game commissioner and State game warden of the present day are not the outcome of spontaneous growth, but the result of numerous experiments and modifications necessitated by the grow- bag importance of the subject of preserving game. Originally game protection was left to sheriffs and oilier local officers, and later, after the appointment of fish wardens, was included incidentally among the duties of that office. In Arkansas the game laws are still enforced by the local constabulary, and in California the protection of game is still, a- originally, under the charge of the hoard of 6sh commissioners. The development of the office of State game warden from that of fish warden occupied a period of nearly half a century and was marked by various experimental steps. Maine was apparently the first State to provide a special officer charged with the duty of protecting fish. Under a law passed in lsi:; the governor was required to appoint three 'fish wardens' for each of the counties of Penobscot, Hancock. and "Waldo, to serve three years, and to meet annually at Bangor for the transaction of business connected with the supervision of the salmon, -had. and alewife fisheries of Penobscot Bay and River. The idea seemed to inert with popular approval, for in the following year, 1844, it was extended in a modified form by the passage of a law requir- ing the towns of Cushing, St. George, Thomaston, and Warren to elect fish warden- annually (two in Warren and one in each of the others) t<> supervise the fisheries in Georges River. In L852, nine year- after the adoption of the fish-warden system and twenty-two year- after the passage of the first law protecting moose and deer in the State, the legislature of Maine applied the new plan to the protection of game by authorizing the governor t<> appoint a 'moose warden' for each of the counties of Oxford, Franklin. Somerset, Penobscot, Sagadahoc, Aroostook, and Washington, whose duties included the pro- tection of deer as well as moose. Again the plan seemed to meet with 11 12 GAME COMMISSIONS AND WARDENS. approval and was extended. In 1853, a year later, the office of town moose warden was established, and each town in the State was author- ized to elect one of these officers charged with the protection of its big game. In 1858 the example of Maine was followed in New Hampshire by the passage of a law authorizing the selectmen or municipal authori- ties to appoint fish wardens. The compensation of these officers con- sisted of one-half of the fines resulting from prosecutions instituted by them, an incentive to vigilance still employed in many States. The growth of fishery interests, particularly in the New England States, soon demanded effective organization, and the 'fish commis- sion ' came into existence in 1865 in Massachusetts and New Hampshire, and in 1867 in Connecticut and Vermont. That of New Hampshire is of special interest in this connection, since it was subsequently reor- ganized as the first fish and game commission of the country. In 1868 New York followed the example set by the New England States and created a fish commission, and three years later, in 1871, adopted the Maine plan of placing the protection of game in the hands of a special officer. Boards of county supervisors were authorized to hold elections in each town for a ' game constable ' to serve a year and receive as compensation half the fines recovered in prosecutions under the game laws and in addition such fees as were allowed constables. In the next two years provision was made for special officers in two other States, but modified to suit local conditions: In 1872 Maryland established a 'board of ducking police' to enforce the ducking laws on the Susquehanna Flats, at the head of Chesapeake Bay, and in 1873 New Jersey, under a statute authorizing the incorporation of a game pro- tective association, granted certain police powers to members of such associations, with authority to enforce the game laws in certain counties. Meanwhile the laws of Maine had been extended to include game birds as well as big game, and in 1878 the duties of the warden were sim- ilarly extended under the new title of ' county moose and game warden.' In the same year occurred the reorganization of the New Hampshire fish commission as a board of fish and game commissioners. Finally, in 1887 Minnesota established the office of State game warden, and in 1888 New York that of chief game and fish protector. Thus within fifty years after the appoiutment of fish wardens in Maine the benefits of warden service had been recognized in half a dozen States by the successive creation of the moose warden in Maine, the game constable in New York, the ducking police in Maryland, the association member with the authority of a constable in New Jersey, the fish and game commissioner in New Hampshire, and the State game warden in Min- nesota. It is beyond the scope of this bulletin to trace the course of evolu- tion of the game wardenship in each State; but it will be of interest to note the changes occurring in Connecticut, which may be taken as a i i . \:\ typical illustration. Here the appointment of 'commissioners on ii~h eries' was first authorized in L867, with a \ iew t<> the introduction and propagation of fish. The act provided for appointment i>\ the go\ ernor of three commissioners to hold office for one year and t<» make complaints for violations of the ti^h laws, consider the introduc- tion, protection, and culture «>t" fish, cooperate with fish commissioners of other States, and report to the legislature. Their compensation wa- fixed at s -"> a day while officially employed and an allowance for necessary expenses. In L870 the term of office was increased to four year-. Anaei o\ 1^71 authorized the appointment i»\ the selectmen of any town, upon the request of the fish commissioners, of two or more fish wardens to assist them in detecting and prosecuting offenders in Buch town, with compensation t<> he prescribed by the selectmen and paid from the town treasury. Ln addition to such compensation they were allowed one-half the penalty recovered when offenses were detected by them. It will 1 >e noticed that the right of arrest, search, and seizure was not conferred upon the commissioners or warden- by this act: they could only request the issue of warrants to sheriffs, constables, and police officers. In IsTl' the fish commissioners were authorized to appoint two or more fish wardens for each town, such wardens to receive the same fees allowed grand jurors in criminal cases and one half the penalty recovered when they detected the offense. This was the first authorization to the commissioners to appoint wardens. In 1^7:> the powers of sheriffs, so far as they extended to arrests, were conferred upon the town ti-h wardens. NO further change was made for nine year-, when, in L882, the original act of 1867 as amended in 1^71 was still further amended by reduction of the term of office of the Dommissioners to three years and addition of a provision that their appointment should he " with the advice and consent of the Senate." The following year, L883, the legislature recognized the necessity for some officer to superintend the protection of game by providing for the appointment by the selectmen of every town of two or more game war- dens " t.» assist in detecting and prosecuting offenses' 3 against the game law-: their compensation was to he the same as that received by grand jurors for similar services in criminal cases, their term of office was two yeai--. and they were invested with the same powers as other officers to arrest for violations of the game law -. Six year- elapsed before another change was made. In L889 two very similar act- were passed, one providing for the appointment of game warden-, the other providing for the appointment of fish war- den-. The county commissioners of every county were to appoint one of each of such officers for their county; the term of office was placed at two year-: power to arrest for violations of the respective law- was conferred upon them, and they were authorized to deputize any person to assist them in detectine; and arresting offenders: and they were required to take the oath of office. Game wardens were 14 GAME COMMISSIONS AND WARDENS. given power to search any refrigerator or other receptacle in an}' place where gray squirrels, ruffed grouse, woodcock, or quail might be sold, bought, or transported in violation of law, while fish wardens were authorized to search any basket, bag, vehicle, or other place where tish were kept or carried. The rish wardens were allowed the same fees grand jurors received in criminal cases, and in addition one- half of the fines recovered where the offenses were detected by them. No compensation was provided for the game wardens. A peculiar and somewhat anomalous provision of each act required the count} T commissioners to furnish the names of the wardens upon request of any citizen of the State. One effect of the fish-warden act was to take away from the fish commissioners the power to appoint wardens con- ferred upon them b} T the act of 1872. In 1893 the legislature declared that in prosecutions relating to game the warden, deputy, or other officer making the arrest should be entitled to a fee of 810 where convic- tion was had, to be taxed as costs against the defendant. During the same year an act was passed granting to the commissioners of fisheries the right to appoint not more than three special deputies who should perform in any county of the State the same duties and receive the same compensation as the fish wardens authorized by the laws of 1889. Another act of the same year, amending the act of 1889, authorized the county fish warden to appoint not more than 10 deputies. Con- solidation of fish and game interests took place in 1895, when the act (ch. 46, p. 165) creating a commission of fisheries and game was passed. It provided that on or before May 1 of that year and bien- nially thereafter the governor should appoint three commissioners of fisheries and game, to succeed the officers already existing and to exercise the same powers. The compensation remained as before, but the new commissioners were granted an allowance of §200 a year for clerical expenses. Their duties included the supervision of fish hatch- eries; introduction, distribution, and propagation of fish and game; and enforcement of the laws, for which last-mentioned purpose they were given the powers of other officers to arrest and prosecute offend- ers. They were also empowered to appoint the necessary number of special protectors, who could serve in any county and under the same compensation allowed fish and game wardens. With some additional power the present commission is substantially the same as that created in 1895. A few States, while retaining the combined duties of enforcement of fish and game laws in one office, have found it expedient to assign the purely economic work of fish culture to another board; but Xew York, Oregon, and Tennessee have not only continued to allow one officer to perform the different duties, in spite of their growing impor- tance, but have also committed forestry to his charge. In 8 States — Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, South Dakota, and Virginia — the game laws are still administered by count] " RSTABLIS1IMKN1 OF (JAM I i 15 or district wardens, I » u t a^ methods of game protection develop, the lo.ul system becomes more and more inadequate, and most States have replaced it with the stronger one in w bich the duties are committed to :i board of commissioners or to a State game warden and bis assistants. Evidence of the superiority of this plan is found in the facl that i( has imw been adopted bj 89 States, as shown in Plate [ (frontispiece) and in the follow ing table: le showing Dot* shment of Qame Commissions and Stat* W ps. Alabama arisona . . California Colorado . Connecticut . . Idaho Illinois Indiana Iowa Maryland husettt Michigan Minnesota Missouri Montana Nebraska mpshire. New Mexico. New York . . . North Carolina . North Dakota . . Ohio Oklahoma Pennsylvania . abode Island. . South Carolina Utah Vermont Washington . . Weal Virginia Wisconsin Wyoming a £ame and Bah commissioner Fish and game commissioners B of rah commissioners Jarisdictioo extended to game Btate Bab commissioner Jurisdiction extended t<> game siate game and Bah commissioner ( ommissioners on fisheries Commission of fisheries and game Delaware game protective association Fish and game warden Qame warden (one (breach of the three largest cities). une commissioner Commissioner of fisheries Commissioner of fisheries and game State fish and g line warden Commissioner of fisheries state fish and game warden Commissioners of fisheries Jurisdiction extended to game Commissioners of inland fisheries and game Hoard of special ducking police dame warden Commissioners of fisheries Jurisdiction extended to game Qame and fish warden department Commissioners of fisheries state game warden Hoard of game and fish commissioners Game and fish warden n^ard of game and fish commissioners I me and fish warden Game and fish commission Pish commission Hoard of fish and game commissioners Commissioners of fisheries Jurisdiction extended to game Hoard of ti-h and game commissioners Game and fish warden Commission of fisheries < !hief gaine and fish protector Forest, fish, and game commission Audubon Society of North Carolina state game warden District game warden Commissioners of fisheries Commissioners of fish and game Territorial game and fish warden Came and fish protector Came and fore-try warden mmissioners -. Commissioners of birds Audubon Society of South Carolina State ward.-n . . ." Mate warden of game, fish, and fore-try Fish and oyster commissioner Game. fish, and oyster commissioner State fish and game warden state fish and game commissioner Fish commission Fish and game commission.. . Fish and game commissioner Game warden state fish commissioner and game warden Came and fish warden State warden Fish commissioner Jurisdiction extended to game State game warden 1870 lsTT 1891 1879 1 S86 1881 1-77 1906 1-7- [880 1872 1887 1-71 1887 l'XIl 1901 1878 l-7ii 1894 38£ 1896 1903 1 595 1903 - 1 893 1899 1903 1905 1 896 1907 1 992 1904 1890 1 897 1891 1-7'.' 1899 4358— No. 28—07- 16 GAME COMMISSIONS AND WARDENS. COMMISSIONS. One Territory and L3 States — Arizona, California, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Hampshire. New Jersey, North Carolina. Ohio, Pennsylvania, Rhode Island, and South Carolina — commit the administration of their game laws to hoards of commissioners." whose membership, except in Delaware, North Caro- lina, and South Carolina, ranges from 3 to 6. All except those of Dela- ware. North Carolina, Pennsylvania, and Rhode Island are also charged with the enforcement of the fish laws. In California the board is a fish commission with jurisdiction over matters pertaining to game. In Ohio not more than 3 of the 5 members, and in New Jersey not more than 2 of the 4, ma} T belong to the same political party — an effort in each case to preserve a nonpartisan body. Pennsylvania also pro- hibits the appointment of any 2 of the 6 commissioners from the same senatorial district. As a precaution against the retirement of all the members at the same time, Ohio, in the act creating the commission, provided that one should be appointed for one year, another for two, another for three, and so on, and at the expiration of the respective terms the successor should be appointed for five years. Pennsjdvania adopted a similar plan. In this way there is always a quorum familiar with the duties of the board and the greatest efficiency is insured. Office. — In most cases the State commission has an office at the State capital, but in California, Connecticut, Delaware, New Hampshire, New Jersey, and North Carolina, the main office is located in some commercial center, or the business is transacted at the place of resi- dence of some member of the commission. Appointment. — In every State the commissioners are appointed by the governor, and it is usual to require their confirmation by the senate or executive council. No special qualifications for appointment are required by the acts creating commissions. Term. — The terms of service vary from two years in Arizona and Connecticut to five } T ears in Massachusetts, New 7 Hampshire, New Jersey, and Ohio. In California the commissioners serve "during the pleasure of the governor." Bond. — Ohio is apparently the only State which requires the mem- bers of the board to give bond ($2,000), but this is a common require- ment when the duties of the office are intrusted to a single commissioner or warden. Compensation. — In Arizona, California, Minnesota, New T Jersey, Ohio, Penns} T lvania, and Rhode Island the commissioners receive no compensation, the position being largely an honorary one, but not without responsibility and care. It is customary, however, to allow them a sum, usually fixed by law, to defray their expenses. In Arizona «In Delaware, North Carolina, and South Carolina incorporated societies exercise the functions of a commission, as explained on p. 18. I' Fig. 1.— States i ruled which had Game Commissions in 1890. Fig. 2.— States 'ruled) which had Game Commissions in 1900. MAPS SHOWING PROGRESS IN ESTABLISHMENT OF GAME COMMISSIONS. ICMI86IO! 17 the legislature of L905 appropriated • t«- cover the expei of tln« commissioners for the years L908 and LU04; in Minn. the commissioners receive their necessary expenses, to be paid upon itemized statements dulj audited bj the <•(niimi--i.ui: \< w Jersey allow - each commissioner $200 per annum for ( raveling expenses; and in Ohio the commissioners receive reimbursement for all expenses incurred in the discharge of duty. Nothing is stated in the laws of California and Pennsylvania in reference to the expenses of the com- mission, but the legislature appropriates an amount for use in the per- formance of their duties. Rhode [sland in L907 set apart 1300 to be used i»\ the commissioners of birds during that year. The other four State- pr<>\ ide regular stipends. Connecticut allows each commissioner $3 per dav and bis actual expenses while officially employed and also grants $200 per annum t'<>r the clerical work of the commission; Maine pays the chairman of the commission $2,000 a year, the Becond commissioner, who is also land agent, $2,000, and the third com- missioner $1,000; Massachusetts doe- not specify the salary of the commissioners of fisheries and game in the statute creating the office; but New Hampshire allows the chairman of the board of fish and game commissioners $1 ,000 per annum and the other two members $800 each. Duties and powers. 'The duties of the commissioners in every State are similar and comprehend every phase of game protection. Their powers in some States are very broad and extend to the enforcement of the laws by action without warrant. Thus in Arizona. Maine. Massachusetts, Minnesota. New Hampshire, New Jersey, and Rhode Island the commissioners may arrest without warrant under certain conditions. They usually have power to appoint deputies, fix their compensation, and prescribe the term- <>t their service. In Maine the commissioners may. when they deem it for the best interests of the State, entirely prohibit the taking of any kind of game in any part of the State for a -erics of years not exceeding four, hut are required to make periodical reports to the governor or the Legislature, showing in detail these and other transactions of their offices. Board meetings. — As the commissioners usually serve without com- pensation oi- for small salaries and reside in widely separated sections of the State, it is not contemplated that they shall hold continuous sessions, hut merely assemble at stated times for the transaction of business. Thus, in Pennsylvania it is provided (hat they shall have an office in the State capitol, where they shall hold meetings on the first Thursdays of January and July and at such other times and places in the State as they shall appoint. In Minnesota the commission i^ re- quired to have an otlice in the capitol, where the members meet at such times as they deem necessary. Similarly, in Ohio the commis- sioners maintain an office in Columbus and meet as often as necessity requires. 18 GAME COMMISSIONS AND WARDENS. /:>, cutivi offid r. — Under the conditions just described it is obviously necessan r that there should be an officer, with a definitely located office, to perform the duties and attend to the business of the commis- sion when it is not in session. The Arizona commissioners designate one of their number as business agent. In California the fish commis- sion has a chief deputy, who devotes his entire time to the duties of the commission. The Minnesota law authorizes the board to select one of its members as the executive agent, who is required to devote all of his time to the duties of his office, and is empowered to exercise all the rights and authority of the commission when it is not in ses- sion. His compensation is placed at a sum not to exceed $2,500 per annum, and he must give bond to the State in the sum of $5,000, con- ditioned upon the faithful accounting of all State property coming into his hands. Pennsylvania also makes provision for a secretary, who acts in the capacity of chief warden and business manager for the commission. Incorporated societies — In three States — Delaware, North Carolina, and South Carolina — the enforcement of game laws is intrusted to incor- porated associations. The Delaware Game Protective Association was incorporated in 1879 by special act of the legislature. The charter of the societ} 7 conferred upon it all the powers of a modern game com- mission and intrusted to its care the administration of the game laws of the State. The original incorporation was limited to twenty years. but in 1899 was extended perpetually. The president and secretary of the society are the principal administrative officers, but each mem- ber is empowered b} T the charter to enforce the game laws and inci- dentally to arrest offenders. The secretary is the only salaried officer. The fees for membership constitute the game-protection fund, out of which the expenses of the society are paid. In North Carolina and South Carolina administration of the game laws is committed to the Audubon societies, which have been incor- porated by special acts of the legislatures of these States. The execu- tive officer in each is the secretary, who, in all respects, except name, is the State game warden. He is elected by the members of the society, holds office for one year, and receives a salary which is fixed by the board of directors. The treasurer of the societ} 7 , who has charge of the disbursement of State funds received from hunting licenses, is appointed by the governor. Bird and game wardens are appointed by the governors on recommendation of the secretaries of the societies. Funds for carrying on the work are derived from membership fees. subscriptions, and the fees from nonresident hunting licenses, which in North Carolina during the past year amounted to a total of about $10,700. The plan of intrusting duties of this kind to incorporated societies has met with favor in Nova Scotia and some of the States of Australia, but Bl \ i l. «.ami u \i;im 1 9 in the United States 1 »:i -> nol been generally adopted. In New Jersey it proved yery unpopular, and after an experience of about twentj years w&& abandoned. It should be explained, however, thai this ma} have been due in part to t li«' ext raordinarj powers granted the societj under the act of L873. In Delaware, for several years, an effort has been made bj the members of the societj t<> transfer the work to a regularly organized game commission on the plea that the duties could thus be more effectively performed. North Carolina was the first State to incorporate its Audubon societ} and confer such extensive authorit} upon it a method of enforcing the game laws which in this State has survived the experimental Btage and is now a demonstrated success. STATE GAME R LRDENS. Twenty-three States and two Territories— Alabama, Colorado, Idaho. Illinois Indiana. Iowa. Kansas, Maryland, Michigan, Missouri, Montana. Nebraska, New Mexico, New York, North Dakota, Okla- homa, Oregon, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming provide for a single official to direct the affairs of the game department, the title of the office vary- ing somewhat with each State. The constitution of Nebraska (Art. V, sec. 26) prohibits the creation of any executive State office other than those therein mentioned and provides that duties devolving upon officers not provided for -hall be performed by those already authorized. In compliance with this provision the legislature of 1 ( .'<>1. in the act establishing a game and fish commission, declared the governorthe wmmissioner. The actual duties of the office are. however, performed by a chief deputy, ap- pointed by him, with headquarters in the capitol. North Dakota formerly had a State warden, but in L903 the legis- lature divided the State into two game districts and created the office of district game warden in each district. In a targe State 6r in one of varied topography where the different sections requiring >uper vision are widely separated thi> plan has the advantage pf permitting the warden to exercise a closer supervision of his territory. [Thus in ( Jolorado there are five chief game warden-, each assigned to a definite territory, and all under the supervision of the commi.^ionrr. The otliee of State warden in Tennessee is a cabinet position, department of game, fish, and forestry having been ma-! ■'" the departments of the State government. The Legislature of Washington in creating the office of State game warden in L899 directed that the Mate fish commissioner should he ex officio warden; and in L905 authorized him to appoint a chief deputy who .should devote all hi- time to the game interests <>f the State. The magnitude of the fisheries industry in Washington and their conse- "The same is true of the office of fish commissioner in Pennsylvania. 20 GAME COMMISSIONS AND WARDENS. quent demand upon the attention of the commissioner made it neces- sary to relieve him of the work incident to enforcing the game laws in order to insure more efficient administration of both branches- of the service. There has been and still is much diversity of opinion as to the advantage of a single officer over a board. Minnesota at one time intrusted the warden work to a single State game warden under the act of 1887, but four years later established the present system of a board of game and fish commissioners responsible for the policy of the work, which is actually performed by an executive agent. Montana, on the other hand, in 1895, established a board of game and fish com- missioners, and three years later replaced it by a State game and fish warden. New York has tried both plans, but has now placed the work in charge of a single commissioner. Prior to 1904, administration of the game laws of Vermont was committed to a commission of two members, who served without salary, but the legislature of that year abolished the old commission and reorganized the office with a single commissioner at its head. In Wj^oming, after the creation of the office of fish commissioner in 1879, the legislature intrusted the duties to a board of six members from 1882 to 1884, and later returned to the original plan of placing the warden work in charge of a single officer. Appointment. — In every State and Territory above mentioned, except Alabama, where the commissioner is elected b}^ the people, the officer is appointed by the governor and with few exceptions con- firmed by the senate. Qualifications. — Scarcely a State prescribes any qualifications for the incumbent of the office. Colorado requires the appointee to be skilled in matters relating to game and fish; Kansas, that he shall pos- sess the requisite knowledge of the duties of a fish and game warden, and Utah that the commissioner "shall not be a member of any hunt- ing, shooting, or fishing club." Office. — The office of the State warden is not always at the capital of the State. Frequently when no provision is made for him in the capitol, he maintains an office and transacts his business at his place of residence. At present the offices of the commissioners and wardens of Indiana, Iowa, Kansas, Maryland, Missouri, North Dakota, Okla- homa, Oregon, Vermont, Washington, West Virginia, and Wyoming are located at some distance from the capital. a Term. — The term of office fixed by law varies from two to eight years (see PL 111). In Colorado, Idaho, Maryland, Missouri, Nebraska, New Mexico, North Dakota, Texas, Utah, Vermont, and Wisconsin it is two years; in Iowa three years; and in Alabama, Indiana, Kansas, Michigan, Montana, New York, Oklahoma, Oregon, Washington, West Virginia, and Wyoming four years. The term of the Illinois a For addresses see Directory of State Game Officials, 1907, Circular No. 62, Bio- logical Survey, IT. S. Department of Agriculture. Bull. 28, B U. S Dept of Agiicultur*. 2 YEARS 4YCAR5 PLATf III 6 YEARS 8 YEARS = d C/Jl/£OY?A//4 COlOff/JDO C0A/M£C7/CL/r DUJW/1/?£ W4H0 /LL/HO/S /OW/4 AJ/J/A>£ M/fffYlJA/0 M/iss/icHvsfrrs M/CH/G/JA/ M/A/A/SSOT/J Af/SSOl//?/ M0/VT/JA//7 A/£W HJMPSt///?£ A/£WO£/?S£Y A/£WM£X/CO A/£W YO/?K A/OftTH C/IPOl/A/4 A/OXTH D/JtfO™ OH/0 0XL/l/Y0Af/1 OR£GOA/ P£A/A/SYl V4M//1 PHOD£ /SLPA/D SOUW C/JP01/A//J T£NM£SS££ T£X45 UT/W /£RMOA/T W/1SH/A/GT0A/ W£Sr VtR&NM MSCONSIN WVOM/NG Diagram Showing Terms of Service of State Game Commissioners and Wardens. STATE GAME WARD] 21 commissioner corresponds with that of the governor appointing him, and the term of the governor is four years. < me <>f the longest termn assigned l»\ I :i \\ for :m\ game official in tin- United States is thai of the game, fish, and forest i\ warden of Tennessee, w hich is eight \ i ral States provide that the State official maj be removed l>\ the rnor for good cause, bui the Wyoming act declares that before removal the State game warden shall be heard in his own defense. Bond. Unlike members of game commissions, the single officers in charge of game departments, except in a few instances, are re- quired to give bond, conditioned usually upon proper and faithful discharge of their duties and accountability for any funds coming into their hands. In Michigan the liability upon the State game and fish warden's bond extends also to indemnity for all wrongful acts of the warden and his deputies while acting officially. The amounts of these bonds vary from sin. to >•" ; New Fork, 810,000; Alabama, Colo- rado, Idaho. Michigan, Oregon, Utah, and Washington, $6,000; Mon- tana and Wyoming, $3, : Indiana and New Mexico, $2,000; North Dakota, $1,000, and Tennessee, $600. No bond seems to be required in Illinois, Iowa. Kansas, Maryland. ( )klahoma, Vermont, West Virginia, and Wisconsin unless by general statute or constitutional provision. xsation. In every State andTerritory except North Dakota, Oklahoma, and Tennessee, the State or Territorial warden or the execu- tive officer of the commission receives a salary usually commensurate with the sen ices rendered. (See PL IV. ) North I Dakota allows the dis- trict game warden- 30 per cent of the hunting license fees collected in their respective districts. Oklahoma allows the Territorial warden one-half of the fees ($25 in district court- and $10 in justice courts) taxed as costs against defendants in every conviction; but in Ten n. the State warden not onlyserves entirely without salary, but advances the money necessary to carry on the office. 8 New York, on the other hand, pays the forest, 6sh, and game commissioner $5,000 a year and necessary expenses. In ten other State- the salaries of the chief game officials are $2, r more $2,500 in Alabama, Illinois. Minnesota (executive agent), Massachusetts (chairman), and Texas; $2,400 in Montana: $2,000 in Maine (chairman), Michigan, Missouri, and Washington. In four other States Colorado, Idaho. New Mexico. and Wisconsin the salaries are $1,800; in three -Kansas, Nebraska, and Wyoming $1,500; in five Indiana. Iowa. Maryland. Oregon, and l/tah $1,200; and in two— Vermont and West Virginia $1,000. Nearly every State and Territory allows iN warden an amount for expenses. The following table shows the titles of the officials, their terms of office, salaries, and amount and character of expenses allowed. "The am. .tint collected in the two districts in 1905 wj ''In his report to the Legislature of 1907 the warden states "the £acta are thai your State warden has served the State for four years without salary and in th<- meantime advanced from his private means . . . the sum of $5,000." 22 GAME COMMISSIONS AND WARDENS. o ■ £ s d si B J | ©"£ § 9 = ? =.= P» "2 IB r> »1 i - "2 ~ s - Pa : =- -a 5«-S-g« o ,Cj,d C o - :- — — — z o 8§ o o a o CS lO O N N i-Tr-ir-ic* i-I 5 ^ OO cm ri O ; S g § g § s PcM cicfi-TrH l-i" x 5 x CM -«J< i-i CM lO — "7 — s- 2 ■ "2 « § 5* - «2 2 a 2 o dqO d ©8 9*5 •E5 a "a HE ~1~ So CJ'O BS 9) - - B C3 v. d rr - ~ — — L l-^PO O E = :3 E^r2 5 -a | d &rs - Z ~- ~ f - = ■f- - -r c - - - o i.< - c = _- - mil t "= s B~ WLrS So6fl - - . - v -_ c c ,= i i rms, ti \i \i;n >. I \n S _ • > A | 5 I 8 t •_•-,.* I E~ ■= S3 * Hs »H 82-S.d ~ tc~ S-S r i§i«s ■7 z-7 gS| ilSs . _ _ . - f'i - 11 - Sgi ilij n ■ r - $ 3 2 < -i. ■7— 7 x x 1 J '• '• flS ! ! '. - 's ! |8© : ■ ~_ ^.5 ii . - - Rhode i South Ci Tenneae Texas . ill Si! c 5 - f -5 24 GAME COMMISSIONS AM) WARDENS. Mosl of tlif States provide the commissioner or warden with an office in the State capitol, equipped with suitable furniture, stationery, and other facilities, and Maine several years ago made an appropria- tion of si. oi hi for preparing in the office of the commission an exhibit of the native mammals and birds as a nucleus of a State museum. Several States allow their officers certain specified clerical or other assistants, as follows: Alabama, clerk: Colorado, clerk at $1,000 a year; Idaho, clerk at $1,000; Illinois, not more than 10 assistants; Montana. clerk at SL. -_>oo per year: Vermont, clerk at $365 a year. But 'us and powers. — The duties of these officials vary slightly in each State, but on the whole they aim at the same result — the con- servation of game for the purpose of furnishing both recreation and a valuable food supply, and of nongame birds for economic and esthetic reasons. In all the States except Illinois and North Dakota the duties cover the protection of fish as well as game. Both duties and powers will be further considered in connection with administrative provisions with which they are closely interwoven. COUNTY WARDENS. Five southern and two western States — Florida, Georgia. Kentucky. Louisiana. Mississippi, Nevada, and South Dakota — still adhere to the county warden system and rely exclusively on local officers for the enforcement of their game laws. In five of these States warden- are appointed only upon petition of a certain number of citizens of the county — in Florida from 75 freeholders; in Georgia from 50 free- holders; in Mississippi from 10 reputable citizens; in Nevada from 20 taxpayers: and in South Dakota (for big-game wardens) from 10 citizens. Appointment. — In Florida and South Dakota appointments are made by the governor; in Georgia by the judge of the superior court: in Kentucky by the county judge: in Louisiana by the police jury; and in Mississippi and Nevada by the county commissioners or supervisors. In Louisiana and Mississippi wardens have no jurisdiction over fish matters, and in South Dakota (which provides for the appointment of game wardens only in counties where big game exists) the enforcement of the laws for protection of small game is left to the fish wardens. Kentucky and Louisiana authorize the appointment of one or more county or parish wardens, while the other States restrict the number to one in each county. Kentucky. Louisiana, Nevada, and South Dakota place no limit on the term of service, but Mississippi fixes the term at four years and Florida at two years. In Florida, Kentucky. Nevada, and South Dakota the wardens are required to give bond. Georgia also provides for wardens to protect nongame birds exclu- IV. I I J/YlP/JM/t I vfcr/cu ■ ' I VS /OW/1 X/JA/SJS MJ/N£ MJRYI/1ND M/15S/JCHUSTTTS b M/CH/C/W AW/NA/£S0T/7 M/SSOl//?/ MONT/JA//J N£0Rs1SH/1 A/£W H/JMPSH/R£ A/£W J£RS£Y N£W M£X/CO A/£W YORK NORTH CJROUNA NORTH T)/1f<0T/1 C OH/O 0M4H0M/1 C 0H£60N P£NNSYlMN/4 b RHOD£ /SI AND a SOUTH C/tROl/N/f d T£NN£SS££ a T£X/JS UTdH V£R/WONT WdSH/NGWN WTST V/RG/N//4 W/SCONS/H WYOM/NG Diagram Showing Salaries of State Game Commissioners and Wardens. o without salary, h. Salary not stated in law. compensation see table, pp. - For del:. , DI8TRIC1 LND CITi WARDE1 26 sively. These wardens (there n i .■ i \ be one or more in each countj ) are appointed bj the judge of the superior couii for an unlimited term and have the same powers as a Bherifl in making arrests. Dutien and powers. The county warden La usuallj empowered t<» appoint a sufficient number of deputies to assist in enforcing the I : i w . His chief dutj is i" detect violations and institute prosecutions by filing complaints. I npensaiion. The big-game wardens in South Dakota are allowed $75 a month, payable from the game fund of the county, but most States that have county wardens allow them very meager compensa tion. Nevada restricts the amount to $20 and Florida to $60 a month, ami several Static allow percentages of fines or the usual criminal fees. In Florida, Mississippi, and South Dakota funds forpaymentof count} warden- and for expenses in enforcing the game law- are derived from the fees for hunting licenses. In addition to the foregoing class of wardens, it remain- to mention the count) wardens in three State-, who. while not the Bole game officers, arc more or less independent of the State department. The county supervisors in California are authorized to appoint a game warden for their county. This warden is directly amenable to the board of supen isors. Hi- -alary is graduated according to the popu- lation of the county, from $50 to $125 a month, payable from the county treasury, and each warden is allowed $25a month for expenses. The county commissioners in each county in Washington are author- ized to appoint a county game warden and must do so upon request of LOO freeholders or taxpayers. The salary, which is payable from the county game fund, is determined by the county commissioners, but can not be less than $25 or more than $100 a month. 'Idie county warden i- authorized to appoint special game warden-, hut they receive no .-alary. In Wyoming the county commissioners of each county may appoint a game warden for the county. This warden is entirely under the control of the county commissioners and is allowed such compensation a- the county commissioners may determine, to he paid out of the fund- at their disposal. DISTRICT AND Cm WARDENS. In the District of Columbia the enforcement of the game law- is intrusted to the police department, the work being place.! in charge of the superintendent of metropolitan police, who ha- at hi- disposal the sum of s;.ih i. appropriated for this purpose each year by Congress. The superintendent of police is also the game warden of the local game protective association and performs all tin? duties usually assigned to a commis-ioner or State game warden. 4358— No. 28—07 3 26 GAME COMMISSIONS AND WARDENS. In Virginia each city may have 2 wardens and each magisterial district 1 upon application of 5 resident freeholders. The city wardens are appointed by the city or corporation court and the dis- trict wardens by the circuit judge. Special provision requires, how- ever, that in Accomac and Northampton counties the wardens are to be 'appointed on the recommendation' of the Eastern Shore Game Protective Association, to which they make their report and by which they are paid out of the returns from hunting license fees. The term of the city and district wardens is four years and the compensation not to exceed $300 a } T ear, paid from hunting license fees. Beside these regular wardens the commanders of the oyster police boats are constituted game wardens-, and in addition to their duties in this capacity are required not only to enforce the game laws of the State. but also to execute the laws of the United States relating to the pro- tection of game. SUBORDINATE OFFICERS. The-operations of the game department can scarcely result in sub- stantial success without the assistance of local officers, each with a limited territory over which strict surveillance can be maintained. This is as true as the converse of the statement, that local officers with- out a central head rarely do effective work. Most of the States and Territories have provided local officers of varying titles, whose num- ber and terms of service depend largely upon the ability of each State to provide means for payment. The highest salary paid deputy game wardens in this country is $1,500 a year, which is allowed the special deputies in Montana, Avho are allowed also $300 a year for traveling expenses. As these wardens hold office for four years, it will be seen that the position is one of standing and of adequate com- pensation. From this maximum the amounts received grade down- ward to the scanty allowance of criminal fees, and finally to service without any compensation in several States. The meager compen- sation resulting from the percentage of fines secured sometimes allowed deputy wardens is hardly sufficient to enlist the services of active men. and the scheme adopted in a few States of paying deputies a per diem amount while actually performing service seems a better method where funds are insufficient to keep these officers constantly erupted. The sources and methods of appointment of the subordinate war- dens vary widely, but more satisfactory results seem to follow appoint- ment by the State game department or official, to which they are thus made directly amenable and by which they can be removed in case of incompetency or dereliction of duty. By this method also appoint- ments arc removed from local and political influences and the warden is untrammeled by any such considerations. SUBORDINATE OF FI< 2 i \ number of States have provided several classen of wardens, from disl lift warden, with super; ision over a large part of the State, to dep ut \ count} warden, or one with even 0101*6 restricted territory . Cali fornia, Colorado, Illinois, Maine, Maryland, Montana, Ven 1. and a few other States vesl their wardens, or some of them, with j 1 1 1 i — < I i < ■ - i ion over tli' 1 whole State, and it i*> q\ ideni that such a system ma\ he productive of much good. With powers restricted to one county, as i- die case in several States, it sometimes happens thai violators escape simply because the warden fan not follow them outside of hie own limited territory . The ( lolorado scheme of warden sen ice seems well adapted to the needs «•! game protection and has the advantage <>f feasibility in States where funds are insufficient to keep an adequate n inn 1 xt of wardens employed during the entire year. There is a deputy >tair game and fish commissioner, at a salary of (1,500 per annum. Five chief wardens are appointed by the commissioner, at a salary off a year and an allowance of $300 a year for traveling expenses, with jur- isdiction over the whole Mate. The next grade includes deputy game wardens, the number not to exceed ten at anyone time. These are appointed by the commissioner for a limited period, are allowed $100 a month while "actually employed, and have jurisdiction coextensive with that of the chief game wardens. Next in order are the special game wardens, appointed by the commissioner, who receive no stated salary, hut ai e entitled to certain fees and perquisites. The fourth class consists of licensed guides, who have the powers of deputy wardens. In Alabama the State game commissioner may appoint a warden in each county, whose term IS four years, with allowance of one-half of all tine-, penalties, and forfeitures collected under the name laws in his county. In Calif ornia the board of fish commissioners may appoint a chief deputy and other assistants, with jurisdiction extending over the entire State and compensation assigned by the hoard and paid from the appropriations allowed that branch of the State government. The comity warden-, a- already explained, are not directly connected with the State hoard of fish commissioners, hut work in cooperation with it. In Connecticut the commissioners of fisheries and game appoint a warden for each county, who serves for two year-. The county warden may appoint L0 and not more than 20 special fish and game wardens for hi- county, to serve during his pleasure. The county warden and hi- appointees receive no -alary, hut are entitled to a fee of $20, taxed a- eo-t- and collected from the defendant in ev >rv conviction. The State warden of Idaho, like those of several other States, has authority to appoint a chief deputy at (1,200 a year, two assistants and a clerk at $1,000 a year each, and on petition of 10 or more resident taxpayer- a- many deputies as may he necessary in each county. The chief deputy, assistants, and clerk are under bond of $3,000 each, and 28 GAME COMMISSIONS AND WARDENS. the chief deputy and assistants are entitled to traveling expenses not exceeding $000 each. Each county deputy is under $500 bond, is allowed traveling expenses when sent outside his district, and receives $3 for each day of actual service, not exceeding, however, 150 days in any one year. In Illinois 16 game wardens are appointed by the commissioner, with power to act anywhere in the State. Each receives a salary of $900 a year and actual expenses while under direction of the commis- sioner. There may be 3 deputy wardens for each county, appointed by the commissioner, with jurisdiction over the entire State. They receive for their services $2 a day while actually employed and one- half of all fines resulting from complaints filed Irv them. The com- missioner may also appoint as many special deputy wardens as neces- sary, who are allowed one-half the fines recovered when they file the complaints. The deputies in Iowa are appointed by the State warden. They receive no salary, but are allowed a reasonable compensation in the judgment of the county supervisors, to be paid from the county treas- ury, and when thev are informants are entitled to a fee of $5, in each instance, to be collected, in case of conviction, from the defendant. In Kansas the deputies are appointed by the State warden, one or more for each county, upon request of 10 or more resident taxpayers. As compensation each receives a fee of $10, collected as costs from the defendant for every arrest resulting in conviction. The fish and game wardens in Maine are appointed by the governor, upon the recommendation of the commissioners of inland fisheries and game, to serve for three years; but the deputy game wardens are appointed directly by the commissioners, who also fix their com- pensation. The only subordinate wardens authorized in Maryland are the deputy game wardens, who are appointed by the governor upon the recommendation of the State warden. They may be appointed for the whole State or for a specified locality, and receive such conten- tion as they and the State warden may agree on, payable from fines collected for violation of the game laws. The deputy warden system of Michigan is somewhat more elaborate than those of most States. The State warden appoints a chief deputy, who receives a salary of §1.500 and exercises the functions of the office in the absence of the State warden; not more than 10 deputy game wardens, at a compensation of §3 for each day of actual serv- ice and with jurisdiction over the entire State; and from one to three county game and fish wardens for each county, subject to his control, but with jurisdiction limited to the county, and compensa- tion fixed by the count}' supervisors. A novel feature of the Michi- gan law is a provision permitting the Audubon Society of that State Bl BORDIH \ i i OFFIC] B8. 29 to name Pour deputy wardens (whose territory is determined bj the society ) i<> bave the powers of other deputies, but to Berve without compensation from the State or count} . The number of prosecutions for violations ol the game laws of Min nesota and the variety of questions involved in the cases that reach tin supreme court of the State indicate a successful administration of these laws, and in this connection it may be significant thai the board of game and fish commissioners is given freer hand than in most States. Enforcement of the game laws is intrusted t«> the execu tive agent, whose powers, compensation, and duties have already been explained (see p. I s ). to wardens placed under the supervision <>f the executive a unit. These wardens are appointed in such number, at such compensation, and for such terms as the board considers necessary . The State warden of Montana is authorized to appoint not less than 5 nor more than L2 special deputies, having jurisdiction over the entire State for a term of four years and at a salary of $1,500 per annum and the fees allowed sheriffs in criminal cases. He may also appoint deputies with the same powers as those exercised by special deputies. There seem to be no regularly and permanently employed deputies in New Hampshire, the hoard of fish and game commissioners being empowered to appoint "special detectives in cases of prosecution relat- ing to fish and game.' The compensation of these appointees i^ paid by the board from the fish and game fund. The number of deputies authorized in New Jersey is large, when the size and position of the State are considered. The board of fish and game commissioners may appoint 25 fish and game wardens, one to be chief game protector and exercise supervision over the others, and it may also appoint as many deputy fish and game wardens as are deemed necessary. The salary of the chief protector is $100 a month, and that of each of the fish and game wardens $50 a month: the dep- uty wardens receive no salary, but are entitled *o fees collected in prosecutions by them. The New York system is very similar. The commissioner of for- ests, fish, and game appoints 7.") game protectors, who hold office during his pleasure. One i- appointed chief protector, with supervision over the others, at a salary of $2,000 a year with a provision for an increase of $500 at the expiration of five years of service; he is also allowed $1,000 a year for traveling expenses. Three of the protectors are appointed assistant game protectors, the first assistant at a salary of $1,400 per annum and the second and third at $1,200 each, with an allowance of *7r>o ;l year for traveling expenses. The other protectors receive $600 a year as salary, $450 for expenses, and one half the fines recovered upon information furnished by them. They are required to report monthly to the chief protector. The commissioner may also appoint special game protectors when such action is recommended by 30 GAME COMMISSIONS AND WARDENS. the supervisors of any county or by a game club. These special pro- tectors have all the powers of game protectors except that of search- ing without warrant, but receive do compensation from the State. The secretaries of the Audubon societies in North and South Carolina select the bird and game wardens and the governors appoint them. Their compensation is fixed by the secretaries and paid out of the funds at the societies* disposal. Ten game protectors are authorized by law in Penns} r lvania, one of whom is designated by the board which appoints them, as chief pro- tector and secretary of the board. The chief protector has supervision over the others. They receive salary or per diem as the board may agree with them, payable from funds appropriated for game protection. The board may also appoint one deputy game protector for each county, whose powers are the same as those of the protectors, but whose com- pensation consists of the fees usually allowed constables for performing similar services. As many special deputy game protectors as are necessary may also be appointed b} r the board without compensation. In Texas the State game, fish, and 0} r ster commissioner may appoint a chief deputy commissioner, at a salary of $1,800 per annum and ex- penses, and deputy commissioners who receive $3 a day while actually emplo} T ed and are allowed their necessary expenses, all to be paid from the game-protection fund. Vermont provides one or two county wardens for each county, appointed by the game commissioner at a compensation of $2 a day and expenses while actually employed. Deputy county fish and game wardens, as many- as are necessary, may also be appointed b} T him at a compensation of $1.50 a day and necessary expenses while officially employed. The State warden of Wisconsin, with the approval of the governor, is authorized to appoint two or more special deputy wardens in each Congressional district at a per diem compensation determined by him and payable from the hunting-license fund for time actually spent in service. The county board of any county may authorize the appoint- ment of county wardens and limit the number thereof, such wardens to be selected b} T the board of appointment of the county and appointed by the State warden at a compensation determined by the appointing board and paid from the county treasury. All game wardens are now required to pass a competitive examination in accordance with the general civil-service law of the State. In W} T oming the State warden appoints three assistant game war- dens, who receive a salary of $900 a year each. He may also appoint one or more special assistant game wardens for each county, paid from the game fund, at $3 a day for the time actually employed. LOCAL AN 1 1 1 i; <>! i i, ft] Sl'KCIAl i • •« m "ill- The region ai the bead of Chesapeake Ka\ and about the n tli of the Susquehanna River in Harford and Cecil counties, M the pr >\ isi.m- <>f tin- hiw by which the] wen constituted ex -officio game an< 1 bsfa Wardens Slid charged w ith the «imr duties ami lial»ilit ii-M as « < » 1 1 1 1 1 1 i — i > • 1 1 • -I -an,. wardens, respectfully invoking their aid sod cooperation In game and fish protection Like letters to those sent justices ol the peace and constables, with copiei of th<- game ami fish laws, were a«l«livss«' sheriffs <»f the various counties, asking tfiem to instruct their deputiei of their added < In ties under tin- law , and especially asking them, as tin- chief executive officer! of the counties, to ^ri \ «■ this provision ipeciaJ attention. We regret to say that for some reason we have not received from this source the aid that we anticipated or bad a right to expect. Strange i" -ay, that of the many violations of the law that must have occ u rred throughout the State, and of the man) prosecutions that have been begun, very few have been originated by the activity or vigilance of ex-officio game ami fish wardens, I Sept. State Game and Flab Warden of Missouri for 1906, pp. 24 25. I Much the same results have been experienced in other States. The genera] consensus ol opinion is that local officers elected by the pec pie can not he expected to perform Successfully the duties of game wardens, but such work must be done by officers appointed by a State otlieial of board, who are not dependent upon local favor to hold their positions, and who. by servingal a distance from their place of resi- lience, are free from local influence. GAME PROTECTION FUNDS. The problem of providing- funds for the support of a game depart- ment or system has puzzled those interested in the preservation of game ever since the necessity for such preservation arose. In many State- it has been found well-nigh impossible to secure legislation providing for the appropriation of money, no matter how little, for the preservation of game. The sentiment to which this condition is due still prevails in a large part of this country, particularly in the South. The creation of new offices, with salaries attached, is regarded with great jealousy and disfavor. In the early history of the movement for game protection the only provision considered feasible for pay- ment of officers charged with the duty of enforcing the game laws was an allowance of whole or part of the fines. A system maintained on such an unsatisfactory and unstable basis, however, accomplished almost nothing, and the advocates of better protection set about to devise a more satisfactory means. This resulted in the creation of a game protection fund composed of fees derived from hunting licenses and other returns 'from enforcement of the game laws, thus placing the department or office upon a self-sustaining basis. Aside from the provision contained in the game laws of New York in 1879, authorizing the board of supervisors of each county to levy a tax sufficient to raise $1,000 a year for the purpose of enforcing the laws, and a similar provision in the Montana laws of a few years ago, there seems to be no instance of a specific authorization to any agency of a State govern- ment to levy a tax on property for the maintenance of a warden serv- ice. The provision in the Montana law (Laws of 1901, H. B. 147, sec. 15) required the board of county commissioners of each county, at the time of levying the annual tax, to levy also a tax of one-tenth of a mill upon the assessed valuation of all property in the county to be paid to the State treasurer. The money thus arising, together with that received from the enforcement of the game laws, was to constitute a fish and game fund, and was to be used in defraying the salaries and expenses of the State and local wardens. This law remained in effect until 1905. when it was repealed, doubtless because the funds arising from other sources were sufficient to meet the expenses of the depart- ment. The final solution of the problem of supporting a game department without taxation of property or appropriation of funds from the gen- eral treasury has been found in the hunting license system. Since the first adoption of the plan of requiring every nonresident to pay a fee for the privilege of hunting, nearly every State has established either a State or county wardenship. Witbin a few years the plan of 34 I.h I NS1 requiring residents to secure licenses has been adopted i»\ L9 State**, and in spite of the -mall license fee large incomes have been derived from this source. The prejudice against requiring a resident or citizen of m State to | »a \ an\ fee, however small, for the privilege of hunting is gradually disappearing, and doubtless the change in sentiment will result in the establishment of State Bervice in the re- maining States, mosth Southern, where no such system now prevails. The license system, as :i source <»!' revenue for the maintenance of tin- game department, may well be considered to have originated in l s '.'.">, !>ut of the four States adopting the Bystem in that year onlj two, Michigan and North Dakota, directed the funds to be applied to game protection. The Michigan License was required for hunting deer only; the tee was $25 for nonresidents and 50 cents lor resi- dents, and the receipts from the nonresident licenses were equally divided between the State and the county of issue. The count} funds thus obtained were applied by the county commissioners to the pro- tection of game, and the State fund- were used f<»r payment <>f salaries of the State warden and his deputies. By some oversight, no provision was made for the disposition of the resident License U'r>, and notwith- standing the opinion of the attorney General, furnished upon request of the State warden, that these fees should he distributed in like manner a- the nonresident fee-, the county clerks refused to so di— pose <»f them, contending that such fee- were rightfully their- a- com- pensation for services rendered in issuing the Licenses, ruder the first year's operation of tin- law -22 nonresident and 14,477 resident licenses wereissued. The Legislature of L 897 increased the resident License fee to 7.". cents, rectified the omission in the law of L895, and remodeled the scheme of disposition of \'^'> by allowing the issuing clerk 25 cent- of every fee a- hi- compensation, the county supervisors 25 cents of the resident-license fee for enforcement of the game law in their respective counties, and the State treasurer the remainder of all fee-, forpay- nient of salaries and traveling expenses of the State warden and his deputies. In the first year of the existence of this law there were issued LI, 867 resident and 44 nonresident licenses, the receipts from which provided a State game fund of $4,055.75 and a county game fund of $2,966.75, or a total of $7,022.50. For the time covered by the foregoing figures, l s '.'7. the total expenses of the State game warden'- office were $6,444.08; hence the receipt- from the License system alone (in addition to (6,208.32 collected in fines) were more than sufficient to meet the salaries and all expenses of the State game department and it- deputy warden-. Had the license system been general and not restricted to deer alone it i- evident the receipts from this source would have been much greater. In this connection a The other two, Minnesota and Wyoming, required only nonresident lio One of the principal objects of the Wyoming license »was to prevent nonresident Indian- from hunting in tin- star.-. (See Recreation, Vol. 12, p. 44:;. June, L900. 36 GAME COMMISSIONS AND WAKDENS. it is interesting to note the volume of work (which can be presented in figures) accomplished during the year 1897. There were 920 vio- lations a investigated, 597 prosecutions begun, and 483 convictions secured, which resulted in the collection of $6,208.32 as fines. The North Dakota law of 1895 established both resident and non- resident licenses, 50 cents and $25, respectively, and directed that one- third of all sums from this source should be paid the State game warden as his compensation and that two-thirds should be paid into the county treasury as a county game fund to be used for game pro- tection. This law has recently been somewhat changed, but the greater part of the fund arising from the sale of licenses is still applied to game protection. Since 1895 the value of the license system as a means of furnishing funds for the support of game protection has received general recog- nition. This object is clearly and unequivocally stated in the Illinois law of 1903: Sec. 25. For the purpose of increasing the State game protection fund and preventing unauthorized persons from killing game and birds, no person or persons shall at any- time hunt, pursue or kill, with gun, rabbits or any of the wild animals, fowl or birds that are protected during any part of the year, without first having procured a license so to do, * * * The amount collected from this source by Illinois is so large — $127,988 in 1905 — that such a declaration of object becomes important. Indeed, so successful has the system generally proved as a means of raising funds for game protection that a number of States have erected upon this foundation elaborate State departments of game or game and fish. Alabama, Idaho, Illinois, Michigan, Montana, North Carolina, North Dakota, South Carolina, Utah, and Wisconsin support their game departments wholly by means of the funds derived from licenses and, in some instances, all or part of the fines resulting from convictions. The following table shows briefly the disposition made of hunting- license fees in States where licenses are issued: Special Dispositioii of Hunting License Fees and Fines. State. License Fees. Fines. Alabama. Arizona . . Arkansas California. Colorado . . State game and fish protection fund. State game and fish protection fund. Use of fish and game commissioners . Half to informer, half to school fund. Officer making arrest and securing con- viction. State game preservation fund State game preservation fund. Nonresident fees and, when collect- Third to State game fund, third to prose- ed by commissioner, resident fees cutor, third to county, to State game fund; resident fees collected by county clerk, half to State game" fund, fourth to coun- ty, and fourth to clerk. Game protection fund Imposed by justice of the peace, to town: otherwise, to State. To Delaware Game Protective Asso- Less expenses to Delaware Game Protec- ciation. tive Association, except under license act, as follows: Half to prosecutor, half to the association. a These figures include fish cases also, as the State warden was likewise charged with the enforce- ment of laws protecting fish. Connecticut Delaware ... [>ISI'l>Sl I l< >\ "I I It I \>l Ml- \ \ I' I I v s II < '■ mtinned. Florida Georgia Illinois. Oountj same hind n no wan the count] . i" Bnc and forfeiture fund. sh and (fame hind State game iuii.i Indiana. . . Kentuckj . Maine Maryland . hllsetl- stiit.- tish and game fund < . » 1 1 1 1 1 > game fund une fund. : expense fund Michigan . Minnesota Missouri . . State came f Mini do Local laws usually to count) school fund. State state game fund County fores! and came protective fund. Count v treasury for roads Montana. Nebraska game fund . state- school fund. Nevada New Hampshire New Jen game fund : fish and game oommissioners \. u Mexico N. u York North Carolina. North Dakota.. - Ohio state game fund n per cent to deputy game warden of county. SO per cent to district came warden. 20 per cent lo gen- eral State fund, 10 per cent to auditor of the county. commissioners of flshand game Oklahoma State game fund. Pennsylvania Rhode Mand .. South Carolina. South Dakota . . Tennessee. Texas Utah.. Vermont. . . Virginia ... Washington West Virginia. Wisconsin Wyoming Half for use of board ofgamecommis- sioners, half to county. State me protection fund. County came fund Use of State game warden. . state game protection fund do state game fund Payment of warden-' salaries Collected by State auditor, to State came fund; collected l.y county auditor, to count v game fund. Slate State came fund Mate i hlrd to Informer i half if b< d. ii . t.iiiiince to riii«- and forfeiture fund " Half to cam.- warden securing 0OO1 ieti-.n. i and came fund. Half to deputy warden or person filing complaint, half to state came fund. cpenset t.> warden prosecuting, or half to informer. game fund. Do warden prose otherwise half tO informer, halt 10 county school fund. Half to complainant, half to state; If com- pla ina nt be a deputy of the commit iT\ U hole to the State. General revenue fund of the county. County forest ami game protective fund, hut informant entitled to half. Half of One for trespass paid to owner of land securing conviction. State came fund. County school fund, but complaining witness entitled to an equivalent of half from general county treasury. School fund. State came fund. Third for use of fish and game commission- ers, third to Complainant, third to per- se. ns furnishing evidence. Half to depot] came warden prosecut- ing; half to county school fund. For us.- of forest, tish. and came commis- sioner: person, game society, or corpo- ration or officer furnishing evidence or instituting prosecution entitled to half. For use of commissioners of tish and game;* prosecuting attorney 20 percent where he conducts pr o s ecu tion. Less expeiis.s. half to informer or person bringing action, except wardens, half to State. For use Of board of came COmmissioners- when prosecutor is ■ protector or dep, uty; half to informer, half t<> board for violation Of license law. Half to complainant, half to State. State came protection fund. small game, half to warden or officer in- stituting prosecution or to informer: half to county game fund; big cam.-. county came fund. Half to warden procuring conviction or making arrest, and halftoState warden. Mate. County; but informers in cases of viola- tion of law protecting big came and introduced birds entitled t<> half. State came fund. Stat.-. County came fund. Deputy warden prosecuting. Third to county came fund. General school fund. « This scheme of disposition of tines is void, as the constitution requires all fines to be paid into the tine and forfeiture fund. *> Commissioners may direct that fines collected upon prosecutions by deputy State wardens be paid to them. c Suit is now pending in the supreme court of the State to determine the legality of this disposition of the fines. 38 GAME COMMISSIONS AND WARDENS. Iii Washington the division of game protection, somewhat separated from the fish department by the act of 1905 but still under the control of the State fish commissioner, is maintained exclusively by the license fees paid into the State treasury; and the fees paid into the count}' treasury arc used for game protection in the county. In Idaho, just prior to the session of the legislature in 1905, opposition to the main- tenance of a State game department supported by appropriations from the genera] treasury of the State threatened the abolition of the warden system. Anticipating this contingency, the advocates of a State office drafted a new bill covering the entire field of game protection, from the establishment of a State wardenship to the minutest detail of close seasons, and placed the whole upon a self-sustaining basis by means of the license system. This bill became a law, and during the first year of its operation the sum of $16,050 was collected from the issuance of licenses alone. One of the most conspicuous examples of a self-sustaining depart- ment was that of Missouri, prior to recent legislation abolishing the game protection fund. The general game act of 1905 established resident and nonresident licenses for hunting, and directed that the returns from them should be paid into the State treasury to the credit of the ' game protection fund,' which also included fines for violation of the act and certain small fees for issuing special permits. The act became effective on June 16, and the governor appointed a State game warden, who organized the department upon a working basis. At the end of the year, after all expenses of the department (§11,998.33) had been paid, there remained in the treasury to the credit of the game- protection fund 836,932. 37. a The license fees collected from nonresi- dents hunting in Florida during the single open season of 1906-7 demonstrate the feasibility of supporting a State wardenship in that State b}' the funds accruing from this source alone. The amount was $6,380, and it is to be remembered that as the very unsatisfactory and inefficient system of county wardens without organization or central head is in effect there, this amount is undoubtedly much less than it should and would have been if the law requiring noncitizens to procure licenses had been strictly enforced. b In most of the States and Territories, either the whole or part of fines arising from prosecutions for violations of the game laws are used for purposes of game protection, as shown in the table on pages "This act was repealed in 1907 and superseded by a law which destroyed the game protection fund, directing that all license fees be paid into county treasury for roads. When the law of 1905 was repealed, the balance of $47,000 then remaining in the game fund was divided, $20,000 being paid to the fish commission, and $27,000 paid into the general fund of the State. &See 'Game Protection in Florida,' Circular No. 59 of the Biological Survey, U.S. Department of Agriculture, 1907. DISPOSITION "i KINKS IN ILLINOIS \M» < \ 1 .1 1 "i; \ I \. In 1 llinois the license feen and purl of the fines constitute a fund in the State treasury, designated us the ; ime protection fund, w hich is used for |>a\ men! of expenses of the State game department, and tlif surplus for the introduction and propagation of quail, prairie chickens, pheasants, and other game. \\ itfa this balance the State game commissioner has established :i game farm of L60 acres in Sangamon County, nol far from Springfield, where large numbers of pheasants, quail, and partridges have been propagated. These birds n% ill be dis- tributed throughout tin* State in suitable sections. The experiment has been a signal success. All fines for violation of the game laws and license fees in California constitute a fund in the State treasury for the purpose of protecting, restoring, and introducing game. In this connection, as well as for other reasons, the following table of arrests and prosecutions for violation of the game laws in California during the t\\<» years ending August 31, L904, is interesting. It will be seen that the game fund from this source alone amounted to $6,7 *'•'• Summary of Arrests mad* by Deputies of the California Fish Commission 100 i:> 50 105 25 6,749 213 ding. Iii addition to license fees and fines, the moneyarising from the sale of confiscated game is paid into the game protection fund in several States. The income from this source in Wisconsin in L903 amounted \m. Field, vol. 66, p. 67, July 28, L906. b Eighteenth Biennial Rept. Board Fish Comm., Calif., p. 11, 1904. 40 GAME COMMISSIONS AND WARDENS. to $2,433.47 and in 1904 to $1,627.81. These amounts represent the value of only a small part of the game confiscated, as the sale of nearly all kinds of game is prohibited and such game must, under the law, be donated to some charitable institution of the State. Another source of revenue to the game protection fund is found in the provision of the Indiana law requiring the payment into the State treasury to the credit of the fish and game fund of $20 collected as costs from the defendant in ever} 7 conviction where the commissioner or warden prosecutes. A similar provision is contained in the Con- necticut law, but the $20 taxed against defendants there is paid directly to the warden prosecuting, and constitutes his entire com- pensation. Several States make direct appropriations from the general treasury for the maintenance of their game departments as an addition to the funds arising from licenses, fines, etc. Thus Minnesota, in the game act, fixes the annual appropriation at $35,000; and Vermont, in the act of 1904 as amended in 1906, appropriates annually the sum of $5,500 for the preservation of fish and game. The following table shows the sums appropriated in the several States for game protection in the two } T ears 1905-6, together with certain incidental details. It will be noticed that in 9 States — Idaho, Illinois, Michigan, Missouri, Montana, North Carolina, North Dakota, Washington," and Wiscon- sin—the work was self-supporting. In several of these States no appropriations were made, or, as in Idaho, Missouri, and Washington, the money already in the game protection funds was appropriated or made available for the use of the department. a The general appropriation for salaries and expenses in Washington is almost exclusively for fishery work. .-I mi \rri;< >ri;i\ I 10N8 L90 S \jtpropriati* 11 and fish. h hat fund. Purp i I l, no Colorado Connecticut . District Columbia Idaho Jul) I. I'd. July 1,1907 ...do.. : 19 ti Oct. 1 190ft Oct. 1. 1907 do 1906 July l. 1908. i 1906 Fish mi fund. Illinois* Indiana ... Knli-av Maine Man land IlllSCtt* N..\. 1. 1905 N lid 1906 1,1907 July 1. 1905 July 1,1907 I Apr. 1, 1904-Apr. 1,1906 1906 Michigan* Minnesota Missouri Fixed annual Bum General . 1905 and 1906 Fish and fund. fame Montana b Nebraska General New Hampshire New Jersey -'7, (50 Apr. 1,1905- Apr. 1,190 (1 Nov. 1. 1905-Nov. 1, 1906 d New M Nru V.-rk... 1905 and 1906 .... Oct. 1, 1905-Oct. 1, l'.MMi .do .do 15,000 i the game laws. 1905 do Expenses of commissioners of birds. 1905 and 1906 do Salaries and expenses of commissioner and dep- uty commissioner. I annual sum do Salaries, hatcheries, etc. Apr. 1, 1905-Apr. 1, 1907 do Salaries and expenses , f tish commissioner and deputies. do Game protection Salary of chief game deputy fund. and" enforcement of game act. Salary and expemx fame warden. Salaries- and game department. Oct. 1, 1904-Oct. 1. 1906 .. Genera] ... Apr. l. 1905-Apr. 1. 1907.. General "The appropriations for 1907-8 are necessarily omitted, as the laws were not available in time 10 Attain the figures for this report. Hiame protection system supported by direct income from game laws. 135&— No. 28— 07 A 42 GAME COM. Missions AND WARDENS. In a few States the game protection fund, which, as commonly understood, includes such moneys a^ are derived from enforcement of the game laws, is limited in whole or in part by constitutional provisions. A provision in the constitution of Nebraska requires the proceeds from all licenses and tines arising under criminal laws to he paid into the school fund, thus effectually preventing the moneys from being used for game protection. Similarly, in Missouri and Nevada, consti- tutional provisions require proceeds from tines to he paid into the school fund. In Florida lines for violation of the game laws are paid into the fine and forfeiture fund of the county, and are not available for payment of wardens, although the game law attempts to make them so. A somewhat similar provision in the constitution of West Virginia requires the clear proceeds of tines to he paid into the gen- eral fund of the State. So far it has been customary in this State to pay such fines to the game wardens, in compensation for their service-, and the legality of such payment is now before the supreme court of the State. In this connection it may be noted that Wisconsin has a constitutional provision directing that the 'clear proceeds' of all lines be paid into the school fund, but the supreme court of that State has held, in State v. De Lano (49 X. W., 808), that 'clear proceeds* means only the amount remaining after all lawful deductions in the case have been made, including a two-thirds for informers. During the present year a disposition has been manifested in certain States to restrict the game protection fund or to legislate it out of existence. Wyoming has practically abolished its game protection fund and replaced it with an appropriation of <5±,450 for the mainte- nance of the department during the next two years. Such a change by making the appropriation hard and fast, has the disadvantage of removing from the department the incentive to increase its income by- sale of licenses or better enforcement of the law. In this case it has materially reduced the amount available for game protection, the amount collected from hunting licenses in 1905 having been about £lL ; .n explain the nature of the machine r> i»\ which game laws are enforced, and it is now desirable to show how this machinery input into motion. IRREST. h is scarcely necessary to -n\ that no punishment can be inflicted for violation of the game laws until some act constituting an offense i- actually committed. In some States, however, such as( Colorado and Minnesota, an attempt to violate the law subjects the offender to the -aim penalties as an actual \ iolation. It is an offense in several States t<> possess game with ////'///to export or sell it. and while no effort ma\ be made to execute the intent it i- nevertheless a violation of law. because the possession with intent to export or sell i- made a substantive offense. Upon \ iolation of tin 4 game law , the first step i- to secure the actual presence ^i the defendant in court to answer for his offense. This is accomplished by his arrest, hut usually such arrest must have been pre- ceded l>\ a complaint under oath or an affidavit, setting forth a probable cause for believing the defendant guilty. A warrant is then issued to some competent and authorized executive officer a- a game warden. constable, or police officer directing him to arrest the accused and bring him before the judge, justice, or court issuing the warrant, or, in a very few cases, before some other court having jurisdiction. In every State and Territory where the warden system i- in operation the power <>f arrest is conferred upon the wardens, and in most instances upon members of the boards o( fish and game commissioners. It is customary in some States to include in the Liana 1 law- a provision authorizing game wardens and other officers to arrest without war- rant, hut unless this authority is contained in the game act or allowed by a general statute it can not ordinarily be lawfully exercised, since to authorize an officer to arrest without warrant for any offense less than a felony and with very rare exceptions violations of the game law- are only misdemeanors the offense must tend to a breach of the peace, and tin 1 officer must find the person in the act of violation. Were not the power to arrest without warrant conferred upon the warden- many violators would escape. Offenders against game laws usually operate in remote and secluded place-, often so far removed from any judicial officer that proper enforcement of such law- would he impossible were warrants for arrest required. tew Jersey in is provide a uniform procedure for the enforcement of law.- relating to fish, game, and birds (acts of L897, ch. 44 . apparently it is the only State which has BUCh a statute. 43 44 GAME COMMISSIONS AND WAKDI.NS. The complaint or affidavit upon which a warrant of arrest is issued must contain a sufficient statement of facts to justify the reasonable suspicion that the person charged has violated the law. It should be in writing, and be signed by the person making it. Attention is espe- cially directed to the rule, which has very few exceptions, that any person who is capable of understanding the solemnity and nature of an oath may, if indeed he is not in duty bound as a good citizen so to do, make the complaint on affidavit if he knows of a violation or has probable cause to suspect it. Hence, it is in the power of every citizen of a community to aid in the enforcement of the game laws. Were it otherwise many crimes would go unpunished. Ordinarily the complaint or affidavit upon which the warrant of arrest is issued serves also as a complaint upon which the defendant is tried, and it is important to frame it so accurately in the first case that it will be sufficient in the latter. The following frame or skeleton of a complaint for hunting without a license is given in the pamphlet of game laws published by the State warden of Wisconsin for the guid- ance of deputy wardens and persons undertaking the enforcement of the game laws: State of Wisconsin, \ oo County of , J , being duly sworn, says that on the day of , in the year 190 — , at said county, (name of the accused) did pursue (hunt or kill) (state what) without at such time being in possession of a license authorizing him, then and there, to pursue (hunt or kill) animals, fowls or birds, contrary to the provisions of section 4562a W. S. of 1898, as amended by section 30a of chapter 312 of the laws of said State for 1899, and against the peace and dignity of the State of Wisconsin. Subscribed and sworn to before me this dav of , A. D. 190 — . Justice of the Peace. The above form can be used in almost any State and case with the necessary changes to comply with the statute and the particular offense charged. Thus, if a nonresident be charged with hunting without license, the allegation should be made in the complaint that he is a nonresident of the State. Unless prohibited by statute an arrest may be made on Sunday as on any other day. The New Jersey statute prescribing the procedure for enforcing the game laws contains the following provision: Sec. 15. Proceedings under this act may be instituted on any day of the week, and the institution of such proceedings on Sunday shall be no bar to the successful pros- ecution of the same, and any process served on Sunday shall be as valid and effectual as if served on any other day of the week. In Ohio it is provided that arrest, either with or without warrant, may be made on Sunday, in which case the offender shall be taken before the court and required to give bond for his Appearance <>n ;i week da j to answer the complaint. Similar pro> isions are contained in the law - of se> era] ot her States. [fa warrant be necessar} for the arrest <>f the defendant, one is issued by the justice or judicial officer before whom the charg< made, and the defendant is arrested. II< i should be taken al once before the judicial officer issuing the warrant, when usuall} trial of the case is postponed until the defendant <:in prepare his defense. A tVw States prescribe the procedure t<» be followed in cases where cor- porations are defendants. Thus, the ( Colorado statute reads as follows: >n. 21. [n case of :i violation <>i" this act by a corporation, the warrant <»i arrest may be read t<» the president, secretary, or manager In tliis state, or any general or local agent thereof in the count)! where the action is pending, and upon the return of such warrant so served, the corporation Bhall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation. (Laws of 1899, ch. 98, Div. \ IRREST WITHOUT WARRANT. Iii many of the States wardens and police officers an 4 authorized under i !"• game laws to arrest without process or warrant any offenders found in the act of violating the law. In Utah the State commissioner and the county wardens (at any point in the State) and sheriffs and constables (in their respective counties) are required to arrest, with or without warrant, any person whom they believe guilty of a violation of the game law; but if no warrant is obtained the prisoner must be held until one can be procured. Iu the accompanying table the States which vest their wardens with authority to arrest without warrant are enumerated, and such details are given as are pertinent to that power. 46 GAME COMMISSIONS AND WAKDKNS. - +2 P M ft c~ x - C p he . O I 00 12 2g 09 O ^ p to c >C C © X & c / L'- - . ~ « ■- :. :i ~ g - > 33 ./.E +^ CD 5~l T b£ if. - .5 -•- - - - ~ +J — x - ■* Z T be •=~ aj x — a QG — rZ-% R*^ P aa i * i £ 00 .X 8.8 g -5 03 - - T is ^x x - f r ir r l-nw i i; rO Ml w l I H"l i ^ \i;i; \N I > 3c C u - 1 E — — . ~ - - - ■-< ~ -• / : 12* : X / - — -- , C — _z Z \ - - - 7i U 1 ~l ■- s / - : ~ 1 / Of 1 - 7 S 7 " r -i - _: z - - ~ / / - - - - _ - L i -5- - 7 / - 1 ~ jfj ~ 7 '~ C '— >'" C._^ 2 a - - _ - . - - :"' /: j] c 7 l £ 7 : £ ■- £ 3 / - / - 4S GAME COMMISSIONS AND WAKDENS. t 93 >. S3 £55 : DC - £!-! i g| « £ - =" ~ I ~ - s s^§ji Mil 8 S — DO . - 7 S 1 do .- - = r "O "S r = ' ■ Q <->" 2 M O ~-> O S S 3§| o -• 2 ■^ n - x - . — ri be t.' be - ~ 7 3 M ■z Z= - * = •-** O Q) O O O c - a> " c in i illl i g* 2 » I « ■ g ^|^E g o ^ 3 S *a CO I'nw 11: l" \< i SVITHOl i u \i:i; \\ • — u'7. i J — = = — / "~ — •— 1 — — = a 7 5 * i- = --- 7 < o 5 — — :. 3 > '- - S ii I = 5 2 - ~ - - i =_=-: - ^ > - — . * - C May make " reasonable examina- tion " of tents mid ..Mi. i | where hunter- might conceal game when reasonable suspicion exists hi ,i violation ol He laws. Any place, except >iu elling • may open and examine '<■■ barrels, and packages, when they have reason t<> believe . illegally taken or held la ' found therein. -r a z - £ 7" r a i ■' 2 K t Persons found In act ol violating the game law -. Persons they believe guilty of vio- lating the game laws. Persona found violating the game laws. Persons violating the law In their presence. Persons found by them violating the game or bird lav, s. Persons found by them in act of violating the game law-. Persons detected by them In acl of violating the game law-. Persons round in acl of \ lolating the game lay -. - - 1 / a . - 'i. lens deputies, Bhei tables. lens o z ■— i- deputies. chief deputy, State intv warden-, -li > 3 3 IJ S-rS'S :T^ ' - y. — n so s = g xa i H Eh D fe ff a 50 GAME COMMISSIONS AND WAKhKXS. POWEB TO REQUIRE AID. The game warden unaided may be physically powerless to execute the process in his hands or to check violations of the law committed in his presence. To provide for such contingencies Colorado, Min- nesota, Maine, Ohio, Pennsylvania, Texas, West Virginia, and Wyo- ming empower their wardens, or certain of them, to summon to their aid any number of persons required. In Colorado the commissioner or one of the chief wardens may. when such course is necessary, sum- mon to his aid. or require the sheriff of the county to do so, a sufficient number of persons to quell any unusual and ungovernable violation of law. It is a violation of the act for any person, when summoned, to fail to respond without good cause. Nevertheless, the commissioner of that State, in his report for lvu > L and L902, questions the value of this power and gives the result of his experience in attempting to put it into operation in the fall of 1902, when he undertook to quell an Indian raid in Rio Blanco County. He says: In October of last year [1901] I received information that the Indians were hunt- ing in the vicinity of White River in Rio Blanco County I went there and suc- ceeded in arresting seven Indians who hail in their possession a wagon load of 'jerked' venison, one hundred and forty-odd deer hides, and some fawn and doe heads and hides. The Indians, with their booty, were conveyed forthwith to Meeker, in Rio Blanco County, and brought before a justice of the peace. A jury was called and evidence presented which would convict in any other court in the land. but. f< r n a- sons which at that time I did not understand, they were found not guilty. ... It seems that the citizens, almost to a man, are opposed to these annual raids, but, as it is taken for granted that they will continue, and that, as heretofore, no successful measures will be taken to prevent them entirely, they are not inclined to incur the enmity of the Indians. - Many of the citizens have cattle and other property in the localities wherethe Indians hunt and have frequent occasion to go there in person. . . . This year [1902] upon learning that the Indians were again making their appear- ance I decided to visit their camps in person, with the view of persuading them to go back peacefully. I encountered a number of them at GillenDraw, in Rio Blanco County, at about 10 o'clock in the forenoon of October 6. After they had learned my business with them they agreed to go back to the reservation. It seems, how- ever, that instead of returning, they found another band in the vicinity and imme- diately followed my trail. Upon sight of me they began tiring. I was shot in the left side, the bullet shattering a portion of the seventh rib. While the wound was painful, it was not serious, and I was still able to cling on my horse. Their fire was returned by me, but with what result 1 do not know. Later my horse was shot from under me. and I was compelled to seek shelter in the brush. The loss of blood fnun the wound began to tell upon my strength by this time, and 1 was forced to lie down. At daylight 1 made my way back to Rangely. and, after attending to my wound, asked for volunteers to go with me to the scene of the encounter forthe pur- pose of getting my saddle 1 and bridle. Some of the citizens of Rangely informed me that they ' had lost no Indians,' and I found only one man . . . who was willing to go with me. After securing the saddle and bridle, we learned from a number of cowboys whom we met that the Indians wen 1 on their way back to the reservation. The history of this department during the past few years satisfies me that the commissioner is not abl s to cope with these Indian depredations with the force at his command. While the law intends that in such case- t se commissioner may I \ I i: \l>i i [0 5 1 demand the aid of the sheriff of the county, and may call to hi suffi cieni iiiin i to enforce the I;i\\ . my experiei •onvinws rue thai mode of procedure is not satisfactory, and I wou ul the !• . ture make Buch provision in the way of an available appropriation a* to enable the commissioner, with the consent of the governor, to place a force of at leasl twent) wardens in thai locality when necessary p 10 \i:i;i BT Ol i Ki W kSSKHS SI LAXI> >W v . I i. By an act passed in Connecticut in L903 (chap. L99), authority is given the owner, occupant, or person in charge of land, or such per- sons as he mux command to assist him. to arrest any person entering upon his premises for the purpose of hunting, trapping, fishing, or destroying nests and eggs of birds; and to take such trespasser forth- with before some proper authority, who shall, upon complaint of the propel- prosecuting officer, proceed to try such person. The pos Bion by a trespasser of gun, dog, ferret, or fish rod is made prima facie evidence of his intention to hunt or fish on the land. The person arresting such trespasser is entitled to the fees usually allowed consta- bles for similar service. i:\TK \IM HON. Under the constitution of the United State- a person charged in any State with treason, felony, or other crime who shall flee from justice shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. | Art. 4. sec. 2. ) To carry this provision into effect, Congress has passed an acl providing substan- tially that whenever the executive of any state shall demand any person, as a fugi- tive from justice, of the executive authority of another State to \\ hich such person shall have fled, and shall, moreover, produi e the copy of an indictment found, or an affidavit made before a magistrate of thedemanding State, charging the person bo demanded with having committed treason, felony, or other crime, certified as authen- tic by the governor or chief magistrate of the demanding State, it shall be the duty of the executive authority of the State on which the demand is made to cause him or her to be arrested and secured, and to give] notice of thearresl to the executive authority making such demand, or to the agenl of such authority appointed to receive the fugi- tive, and to cause the fugitive to be delivered to Buch agenl when he shall appear. But if no such agent shall appear within h\ months from the time of the arrest, the prisoner may be discharged. (Clark's Criminal Procedure, p. i also Rev. State., 1'. S., - c. 5278. Cases of extradition under the game laws are comparatively rare, possibly because the violations of such laws are usually merely mi-de- meanors, and because, until recently, of the laxity in enforcement. In late years. howe\ er, several cases have occurred in which ext radition proceedings were necessary to bring to justice residents of New York See also an account by I). C. Beaman of a previous raid in Routt County Ln Octo- ber, 1897, entitled 'The Colorado Game Wardens and the Qte Indians,' in Forest and Stream. L, p. l'7. January 8, 1898. 5 l 2 GAME commissions AND WARDENS. who hunted in Pennsylvania and residents of Pennsylvania who hunted in West Virginia. In L904 a sportsman from Homestead. Pa., who had been indicted for hunting squirrels out of season in West Virginia, was arrested and taken under extradition papers to Morgantown, W. Ya.. where he was lined $25 and costs for hunting without a non- resident license. He was required also to deposit $110 as a guaranty of his appearance at the next term of court to answer the indictment." In HK)4: Robert and George L. Parkins, of Luevville, Washington County, Pa., hunted in Monongalia County, W. Ya., without secur- ing- nonresident licenses. On returning home they took with them several pheasants (ruffed grouse) and one quail, which they had killed out of season. In September, 1905, they visited the county again, but left upon learning that inquiries had been made regarding their actions. A requisition was obtained from the governor of West Virginia and duly honored by the governor of Pennsylvania. The men were then promptly arrested at Luevville, taken to West Virginia, and upon conviction paid fines of $ol'2 each.^ In September, 1905, the grand jury at Morgantown. AY. Ya., found three indictments against John H. Malloy and Dr. Walter Downey, of McKeesport, Pa., for killing five yellowhammers and crippling one, and for having the birds in possession. A requisition was obtained and Malloy was arrested and brought to West Virginia. Doctor Dow- ney was ill and could not go, but Malloy plead guilty for borh and paid $15 fine and £15 costs in each of two cases against each defendant, making a total of $120/ Malloy was also charged with purchasing and having in possession a fawn with spotted coat, and in this case paid a minimum tine of $5 and in addition costs amounting to $6.50. Recently the Indiana authorities made requisition on the governor of Kentucky for ten citizens of that State, who had been hunting in Indiana without license and who were finally brought to trial in Indiana and convicted. Montana makes specific provision for extradition in case of violation of game laws. A section in the game law of 1897 (H. B. 123, sec. 23, p. 254) provides that whenever in a trial of any felony under the game laws of that State it appears that the crime was committed in another State, or that the game was killed in violation of the laws of another State, it shall be the dut} T of the court to hold the defendant for such time as shall be required to allow the authorities of such State to take the necessary steps to seeure the extradition of the defendant, and it is further made the duty of the prosecuting attorney to notify imme- diately the proper officers of the State and county where the offense was committed. "Bulletin 19, Biological Survey, U. 8. Department of Agriculture, p. 44, 1904. ^See Am. Field, LXIV, p. 811, Oct. 7, 1905; Sportman's Review, XXVIII, p. 428 Oct. 14, 1905. cSeeAm. Field, LXIV, p. 335, Oct. 14, 1905. In this connection mention maj be made of :i \\ isconsin |>n>\ ision authorizing action which is \*erj similar to the operations in ca i-\i i a- 1 i i ion . r>\ this provision wardens of other States are deel agents of their States in Wisconsin and empowered i" follow into Wisconsin, seize, and carrj back an} game unlawfully shipped from or taken in their States, and transportation companies are authorized («> deliver to such officers anj game demanded. Wardens are further empowered to dispose of game so seized in Wisconsin in accordance with the laws of their respective States, but such disposition is to lie made under the supen ision of an officer of Wisconsin, and the expenses arc made a lien on the proceeds. A further provision designates ward- ens of other States as agents of Wisconsin for the purpose of seizing, holding, and disposing of game protected by the law- of Wisconsin. SEARCH. -I LRCIl WITH u aim; \\ i . The right to search certain place- under warrant, and in some States persons, has been quite generally conferred upon game warden-. With- out the specific grant of this power by law it is questionable whether it can be exercised. To authorize the issuance" of a search warrant there must be a complaint, under oath, charging a violation of the game law, and such complaint should designate the place where the game is concealed or stored. In several States the magistrate is authorized to issue a search warrant upon affidavit of probable cause for suspecting the concealment of game in certain places contrary to law. The search provision of the Minnesota statute may be quoted as an example o( the drastic means adopted by most of the Western States to enforce their game law-: Any court having jurisdiction may upon complaint Bhowing probable cause for believing that any bird, animal, fish or any pari thereof caught, taken, killed or had in possession or under control by any person, or Bhipped or transported contrary to the provisions of this chapter, is concealed or illegally kept in any building, car or receptacle, Bhall issues search warrant and cause a search to be made in any Buch place for any such birds, animals, fish or any pari thereof, and may cause any build- ing, inclosure or car to be entered, and any apartment, chest, box, locker, crate, basket, package, or any other receptacle whatever to be broken, opened and the contents thereof examined. I Laws of L905, ch. 344, Bee. 12.) The older States are more conservative and reluctantly grant the right to search, even with a warrant. Thus Massachusetts did not confer the right to search, under the game laws, till L904, and then only under warrant. In Mississippi and in most other States a private residence can not be searched, and in Maine it can only be searched in the day- time. The power to search persons stands on a slightly different foot inn 1 . In Michigan, Montana. Oregon, and West Virginia, persons suspected of violating the game laws can be searched under certain conditions. 54 GAME COMMISSIONS AND WARDENS. The Illinois law does not vest the wardens with power to search, out provides thai when they believe any person or corporation has any game in his or its possession, contrary to law, it shall be their duty to go he Tore any justice of the peace in the county and make affidavit to that fact. Whereupon the justice shall issue a search warrant directed to any constable of the county commanding him to search at once for said game and. upon finding it, to seize and hold it until further order of the justice. A form of warrant is contained in the law. as follows: State op Illinois, i / , ss. County, j To din/ constable of » appeal- before me at my office in (here locate office) on | here state time of trial) and show cause why the game, deer, wild fowl, or birds should not he sold and the proceeds thereof distributed as required by law. I Signature of justice.) Justice of tin Peaa . (Date of warrant, i In Maryland also the warrant is directed to a constable on affidavit of a warden. The right to search for game illegally held is perhaps one of the most important functions of a warden and is necessary for efficient protection, for in no other way can illicit traffic in game be eradi- cated. This authority has led to the discovery of large numbers of birds and quantities of game in some of the cities of the United States and the suppression of a traffic only suspected before. It has been only by means of this process that illegal interstate commerce in game has been stopped. So hard have the market hunters in the Mississippi Valley been pushed that in order to get their illegal ship- ments to the city markets they have packed the game in butter tubs or egg cases, labeling the shipment 'butter' or ''eggs.' Other devices also for evading the game laws have been adopted. But the climax was reached when certain shippers packed their game in a coffin box and shipped it as a corpse, accompanied by a false health certificate. Some- what more troublesome, if not so gruesome, was the resort to bales of hay. the game being placed in the center of a car with the bales of hay piled about it. SEARCH WITHOUT WARRANT. Seventeen States and the District of Columbia specifically provide that wardens or other officers may search certain designated places without a warrant. (See PI. V.) While the statutes vary widely in language, the substance is the same, and the officers are clothed with power t( accomplish the same results. It i^ interesting to note that most of th< States granting this power are Western or Central; of the Southen • SI I /.I i;i . States «»iil\ Louisiana is included And <»f the Eastern onh Muine, ( Son necticut, Nov Jersey, Ne^i York, and Pennsylvania. Arkansas ha h |)i<>\ ision |>< Tinii ting common carriers to open and examine an\ pack age delivered t«> them for transportation oul of the State thai they suspect »■« mtains >j:inif. ;uul the Texas game law of i' ,M T contains a similar pro> Ision, at follow s: Thai -u.ii express company, or other common carrier, or its agents, servants or employes -hall have the privilege of examining an) suspected package forthepur- of determining whether Buch patrkage contains any of the articles mentioned herein [all game]. (House Bill No. 346, Bee. 10. I Ohio does not vesl her officers with power to search without war- rant, bul provides thai in case of refusal of the owner or person in charge of any package, box, coat, clothing, or other receptacle to permit a warden or officer to inspect them, such officer may procure a Bearch warrant t«» do so from any competent court. Penalizing the refusal of an\ person to permit an inspection of bis place or recep- tacles, the interposition of or hindrance or interference with such search, accomplishes much the same result as direct authorization of search with or without warrant. Such provisions are as follows: Kaw . Persona engaged in trade of meat, fish, and game are required, under penalty of i to permit an inspection of their places <>f business by a warden. Minnesota. — Any person in possession or control or in charge of any hotel, restaur- ant, storage plant, or house commonly used in storing meat, game, or fish for private panic- refusing or failing t<> permit any member of the game commission or its war- dens to enter such place or receptacle therein for the purpose of making an inspec- tion thereof is punishable by a tine of >•">" si()() ( ,r imprisonment for 30 90 days. West Virgin ia. — Any person who hinders, obstructs, or interferes with a game Warden in the discharge of any of his duties (among which is the duty to search for evidence of the violation of lav I is punishable by a fine of $10-$50, and in default of pa) incut shall be imprisoned until it is paid, but not exceeding 30 «lays. Michigan, Oregon, and West Virginia, render evasions of their laws still more difficult or more certain of detection bv making hindrance or obstruction to officers in their search for evidence or fruits of violation-, prima facie evidence of violation of law. Tin 4 Michigan pro ision is a> follows: And any hindrance or interference, or attempt at hindrance or interference, with such search and examination shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with such search and examination. Details of the right to search without warrant are given in the table on pages 46-49. SEIZURE. SBIZDRE OF G 1MB. Complementary to the right of search and only another >te]> in that process i> the right t<> seize game or the implements with which it has been unlawfully taken. Before the warden undertakes to exercise 4358 No, 28— 07 3 .)() GAME co.M MISSIONS AND WARDENS. power of seizure he should be certain that he has the statutory right to do so. Such right, however, has been bestowed upon officers by the game laws of nearly all the States. Usually game alone may be seized, but a few of the States provide for seizure of guns, ammuni- tion, and any contrivance with which game has been illegally killed or taken. In the table on pages ±6-49 will he found a list of the States permitting seizure without warrant. (Sec also PL VI.) This power is exercised also in a few States not mentioned, and is doubtless justified under the language and context of the game acts of those States. The objects of seizure may he several, but the most usual are pre- venting consummation of an illegal transit, sale, or other disposition and securing evidence of a violation of the game law. Under this authority some very large seizures have been made: thus in the prose-! cation of Robert Poole and William Kerr in Minnesota (State /•. Poole, 100 N. W., 047) l2.4t>S ducks were seized. DISPOSITION OF SKI/.EI) GAME. Twenty-eight States and one Territory prescribe what shall be done with game which has been seized and what disposition shall be made of the proceeds when it is sold. (See PL VII.) The details of these pro- visions are shown in the following- statement: ( blorado. — Sold. Proceeds paid into State game fund if seizure and sale is made by a warden; if by a sheriff or constable, one-half to State game fund and one-half to county. Illinois. — Sold. After paj'mentof costs, one-half proceeds to warden making complaint and one-half to State game fund. Lxni. — Sold. Proceeds, less expenses, paid to county school fund. Louisiana. — Confiscated. Apparently disposed of as court may direct. Maine, — Sold. Proceeds, less expenses of sale, paid into State game fund. Maryland. — Sold. After payment of costs, one-half to warden and one-half to county school fund. Michigan. — Disposed of as court may direct. Minnesota. — Sold. Proceeds paid to State game protection fund. Missouri. — Donated to some charitable institution. Mississippi. — Confiscated. Apparently disposed of as court may direct. Monta mi. — Sold. Proceeds paid to State fish and game fund. Nebraska. Donated to some charitable institution. New Hampshire. — Sold. Proceeds paid to game detective fund. A, w Jersey. — Disposed of as court may direct. North Carolina, — Sold. Proceeds paid to bird and game fund. North Dakota. — Sold. Two-thirds of the proceeds paid to warden making seizure and sale and one-third to district game warden. I DISPOSITION OF SEIZED CAME. Ohi ' 1 '-.lic-ii- to State. 1 Apparent!} disposed of :i courl maj direct Oklahoma, Disposed of as courl ma\ direct. /"//. Disposed of as courl maj direct. Pennsylvania. Gainesenl to nearest hospital; uongame birds, after use as e\ idence, «l«"-t royed. s fh Carolina. Sold. Proceeds paid to State game fund. South Dakota. Sold. Proceeds paid i" count) game fund. ( on ti sea ted. 1 disposed "t* as court may direct. Utah. Sold. Proceeds paid to county treasury. Vermont. Used as evidence. Apparently disposed of as court ma\ direct. Virginia. Disposed of a- court ma\ direct. West Virginia. Disposed of as court may direct: if sold, proceeds paid to >tatc t reasury. Wisconsin. Sold. Proceeds paid to State treasury and credited t<» bunting license fund. Wyoming, Sold. Proceeds paid to State game fund. From the foregoing it will he seen that in Colorado, Illinois. Maine. Maryland, Minnesota, Montana. North Carolina. North Dakota. South Carolina. South Dakota, and Wyoming the proceeds arising from the Bale of confiscated game are used either wholly or in part for game protection. In Michigan, New Jersey, Oklahoma. Oregon, Texas, Virginia, and West Virginia, and apparently in Louisiana. Mississippi, Ohio, and Vermont, confiscated game is disposed of as the court may direct . w hile in Missouri, Nebraska, and Pennsylvania, and in Wisconsin in case -ale is prohibited, it is donated to some charitable institution. Prior to L905 a similar provision was contained in the law of Min- nesota, but it was found that these institutions did not properly appreciate the privilege, and upon the recommendation of the board of game and fish commissioners the legislature of that year directed that all confiscated game should be sold and the proceeds paid into the inline protection fund. The law- of Illinois, Maryland. Montana. North Carolina. South Carolina, and North Dakota direct the officer selling confiscated game to issue to the purchaser a certificate of lawful purchase and provide that thereafter he may deal with such game as if it had been acquired in the State according to law. The right of the State to direct the Bale of confiscated birds and con- vey a legal ritle to the purchaser, who under ordinary circumstances would be debarred by law from lawful possession of such birds, was questioned in the case of Meul >\ People (111.), reported in 64 N. E., 1106, and there sustained. 58 GAME COMMISSIONS AND WABDENS. A^ seizure of game or arrest of a violator of the game law is likely to occui- in remote sections of the State, where it is difficult or impos- sible to secure ordinary means of conveyance, -the laws of Colorado and Nebraska permit the officer making the seizure or arrest to use for transportation any available vehicle. Colorado provides that— Where game or fish, while being transported, is seized under this act the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a convenient railroad station or place of safe keeping or sale, and also for conveying any person arretted for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof; hut this section shall not apply to any animal or vehicle while being used as a public conveyance for pas- sengers or mails, or to any railroad car. (Laws of 1899, chap. 98, sec. V>. ) The Nebraska provision is practically identical. SEIZURE OF [LLEGAL APPLIANCES. A number of States denounce certain methods and means of hunting game, and. as a rule, provide that the use of proscribed appliances shall forfeit them to the State and that they shall be destroyed. To facili- tate and legalize such destruction these articles are usually declared to be public nuisances and liable to summary abatement when found in use for capture of game or fish. The Supreme Court of the United States has upheld a provision in the New York law authorizing the summary destruction of fish net illegally used. In Lawton v. Steele, this court declared: " Where th( property is of trifling value, and its destruction is necessary to effect the object of the statute, we think it is within the power of the legis- lature to order its summitry abatement.'' (152 U. S., 133.) In Minnesota guns used in violation of law are frequently seiz< and, until a few years ago, were sometimes confiscated. The repoi of the board of fish and game commissioners shows a seizure of moi than 60 guns during the period from March 1, 1900, to December 19<»'2. Some of these were retained and sold by the commissioner; while the rest were returned to the owners after investigation. Tl right to confiscate guns, however, was withdrawn under the act 1905. In Nebraska a provision in the law of 1901 authorizing contis cation of guns was declared unconstitutional by the supreme court the State in the case of McConnell v. MeKillip (99 N. W., 505). In South Dakota guns and dogs used in killing game contrary law may be seized and sold, the proceeds to be paid into the county gai fund; in Maine guns of unlicensed aliens who are found hunting may be seized and sold; and in Ohio guns and boats may be seized when iwd illegally and upon due adjudication by a competent court turned over to the commissioners of fisheries and game to be sold and the proceeds placed in the State treasuiw to the credit of a fund to be used b} T the : I VII. SI izri:i Of ii iii, \i \ i -i -i i \\< commissioners for the purpose* of game protection. Wisconsin declares the following public nuisances: Nets spread upon or under :m\ waters of the State which might ensnare wild fowl; anj trap, snare, spring gun, set gun, or device which might entrap or kill :in\ protected game or birds; boats, lamps, and lights used in unlaw ful pursuit of game; anv pivot or swivel gun or any firearm not habit ualh held at arm's length and discharged from the shoulder when in unlawful use; :in\ boat, floating raft, box, or Mind sel in open water or outside a natural growth of grass sufficiently high to conceal the same or an artificial Mind set in open water for the unlawful pursuit and hunting of ducks, geese, and brant; decoys set in close season for waterfowl or more than 200 feel from cover* And the statute also pro> ides that The unlawful use of anv of the articles mentioned in this Bection, contrary to the provisions of law, shall forfeit the same to the State, and upon their being found under any of the conditions which shall render them public nuisances as specified herein they may !>»■ immediately destroyed. In Pennsylvania all officers charged with the duty of protecting game have the power to seize guns and shooting paraphernalia belong- ing to nonresidents and unnaturalized foreign-born residents hunting without license, and to hold them subject to payment of the line and costs. At the expiration of live days, if the line still remains unpaid, they are authorized to advertise them for sale and sell them ten day- after 9uch date and apply the proceeds to payment of costs and penalty, [f there be an amount in excess of these charges it Is returned to the owner of the property. It is customary in some states to add a provision* in the law exempting officers from liability for searches and seizures, even for wrongful seizures. Thus, Illinois pro- vides in the game law of L903: 24. The stair game commissioner, game wardens and deputy wardens -hall not be liable for any damage or costs sustained by any persons or corporations by reason of the wrongful seizure of game, deer, wild fowl, or birds under this act. PROSECUTIONS. WIIo MAY PROSECUTE. Ordinarily any person may institute a prosecution for the violation of the game laws without the consent or sanction of an officer. In Illinois and Nebraska it is specifically provided in the game law that prosecutions may be brought by any person in the name of the State but in New Jersey proceedings for recovery of penalties under the game laws can be brought only by the fish and game protector, or a fish and game warden, police officer, constable, or member of an incor- porated fish and game protective association. In New York actions for penalties under the game laws must be brought on the order of the forest, fish, and game commissioner, except that private persons, upon giving security for costs, and societies or corporations may recover penalties in their or its own name if notice of the institution of such action be given the commissioner or chief game protector within fif- teen days after service of the summons. In Ohio prosecutions by wardens or police officer- for offenses not committed in their presence can be instituted only upon the approval of the prosecuting attorney or under direction of the attorney-general. Oregon and Tenn< declare that prosecutions for violation of certain provisions of their game laws /// ust be brought on the order of the Stafe warden. Whether this excludes others from instituting prosecutions or not is uncertain. In Michigan, Oklahoma. Texas, West Virginia, and Wisconsin the State game wardens may make complaint and cause proceedings to be commenced without the sanction of the prosecuting attorney and they need not furnish security for costs. They are authorized to appear in any court in any case and prosecute it in the same manner and with the same authority as the prosecuting attorney. ATTORNMS. In some States no general provision ha< been made for an attorney to prosecute offenders in the inferior courts, and in such cases unless an attorney voluntarily tenders his services or is employed by the war- den or private parties the justice or magistrate before whom the case is pending must conduct the State's prosecution. This often results in a miscarriage of justice and offenders escape the punishment pre- scribed by statute. To meet this difficulty Colorado. Idaho. Illinois Minnesota, Maine. Montana. Nebraska, Oregon, and a few othei States have inserted in their game laws a provision requiring the 60 MODI OP ACCU8ATU 61 prosecuting attorneys to conduct game caw for ili<' Stnt< I >me of these Stated the prosecuting attorneys are required to institute the prosecution whenever thej receive information or have pei sonal know] edge of the offense. The Kansas game hvn authorizes the magistrate having proper jurisdiction to employ an attorney to conduct the pi cution, ti| >< >ti neglect or refusal of the proper prosecuting officer t<> do so, and directs that such attorney shall receive a Pee of $10, to be taxed as costs against everj com icted defendant. The game commissions and State wardens very generally have r< larl\ employed attorney s, even in the absence of special authorization, a- only a few States make provision for such officers. The Minnesota commission is empowered to employ an attorne} or attorneys to per- form -iuli legal services as may be required, and such attorney is required to appear for the commission in any civil action in which it or its wardens may be officially interested, and he may assist the county attorney in all criminal prosecutions, or, when for any reason the county attorney does not act, may conduct the prosecution with the same authority as that officer. His compensation is paid from the funds provided for enforcement of the act. The forest, fish, and Maim- com- missioner of New York is authorized by the game act to emploj neces- Bary counsel in his office and to appoint an attorney to represent the department in the prosecution or defense of any proceeding brought under the game law. The compensation of these officers is paid from the genera] treasury. The law of Wyoming also authorizes the State game warden, when he deems it necessary, t«» employ an attorney. whose compensation is to be paid from the State game fund, to prose- cute violators of the game law -. MODE OF ACCU8AT* >N. Aii indictment i- a written accusation presented by a grand jury to a competent court, charging a person with the commission of a crime. An information i- a written statement, usually under oath, by a prose- cuting attorney on behalf of the State, charging a person with the commission of a crime. A complaint or affidavit (for the purposes of a prosecution) i- a statement under oath, made by any person, charg- ing another with the commission of a crime. These are the mode- of accusation in use in criminal law. though, as elsewhere stated in thi- bulletin, a few of the State- enforce their game law- or certain feature- of them by a proceeding in the nature of a civil suit for the recovery of penalties. Which one of the mode- is appropriate in any particular case depend- upon statutory regulation and the character of the offense, and both of these differ widely in the several Mate-. Indictment lies for offenses of tin- graver sort, those punishable with imprisonment in 62 GAME com missions and wardens. the State prison or for long terms in a county jail, and is the mode most frequently adopted in cases cognizable by courts of general jurisdiction and in the Federal courts. At common law an information was allowed only in cases of misde- meanor, but in the United States the practice is not uniform, and the constitution and statutes of each State must be consulted to determine where and under what circumstances and in what prosecutions it lies. In man}' States and instances indictment and information are concur- rent remedies, and either mode may be pursued. Where such is the case, information seems to be the most expeditious and satisfactory remedy. But this latter, like an indictment, is usually confined to prosecutions of which the superior courts entertain jurisdiction. Complaints and affidavits are the usual modes of procedure before justices of the peace and other inferior courts exercising limited juris- diction. As offenses against the game laws are ordinarily misde- meanors and triable by such courts this mode of accusation is the one most commonly employed. The maximum fine and term of imprisonment prescribed for a vio- lation of the game law ordinarily determine what court has jurisdic- tion of the offense, and consequently what mode of accusation is appropriate. STATUTES OF LIMITATION. At common law a person committing a crime can be punished at any time, no matter how great the period intervening between the commission of the offense and his apprehension. But it is the policy in this country to set at rest criminal charges after the lapse of a specified time. With the apparent exceptions of South Carolina and Wyoming, every State has assigned a time within which a criminal action must be commenced; otherwise the defendant can not be legally convicted. The statute usually begins to run from the commission or consummation of the offense, but in a few States it runs from the time of discovery of the crime. A general statute ordinarily controls this subject, but the limitation is specifically prescribed by the game law in Illinois, Michigan (certain offenses), Minnesota, Pennsylvania (cer- tain offenses), Rhode Island (certain offenses), and South Dakota (offenses concerning small game). A comparison of such limitations shows the average time to be one } T ear. California, Colorado, Montana, and Wyoming make violation of certain provisions of their game laws, felonies, and in the first three States this has an important bearing upon the limitation of the prosecution. Felonies in California and Colorado may be prosecuted within three years, and in Montana within five, whereas in California and Montana mere misdemeanors are barred after one year and in Colorado, after a year and a half. The offenses which are declared felonies by the game laws in these States are as KTAT1 I l > "l LIMITATION follows: California, killing elk; Colorado, killing buffalo; Montana, shooting or killing moose, caribou, or buffalo at anj time or deer, aiih-lt »!»<•. oik, goat, or sheep in close season, exceeding the bag limit on these animals, and hunting without license b> nonresidents; Wyom ing, killing or catching buffalo, or removing them from the State, and killing, capturing, or destroying big game solelj for their heads, antlers, horns, or tusks. Ii frequently happens that persons \\ 1 1 < > violate the criminal laws leave the State immediately or before the expiration of the time within which the prosecution must ordinarily be commenced. If no ex< tioii to the running of the statute were made t<> meet such < offenders might return t<> the Stafee in security after the usual limit of time bad expired. To avoid this contingency, it is now verj gener- ally, if not universally, provided that the time <>f absence <>f the defendant from the Stair shall not be counted as part of the period of limitation. The laws of some States contain other exceptions also, as when the defendant conceals himself, is a nonresident, or practices some fraud upon the officers of the law. The following table is intended to present in compact form the periods of limitation applicable to prosecutions and actions for viola- tions ^i the game law s: Tim > within which Criminal Prosecutions and ( 'i'i/ Actions for Violation of Game Laics must h '"man need. - Criminal prosecution. Civil action. Alabama l year in the circuit, county, orcit) courts. of I'.'.e peaci . . of 60 days before jusl Alaska 3 years a Arizona 2 years Arkansas 1 year California 3 years (felony) ; year (misdemeanor) Colorado 3 years (felony) 6 years for possession or valu game. l ; years | misdemeanor) Connection! I year Delaware 2 years District of Columbia... 3 years a Florida 2 years Georgia 'J years Idaho l year Illinois 6 months 2 ) cars, action of debt for reco> ery of penalty under license section. Indiana 2 years Indian Territory 3 years a Iowa 3 years 1 year before justice of the peace (fine not exceeding 1100 or im- prisonment 30 daj e . Kansas •_' years Kentucky 1 year Louisiana * 1 year Maine <; years 2 y< Maryland 1 year Massachusetts 6 years Michigan 6 years 1 year for violations of secs.5804 - Comp. Laws of 1897.6 Minnesota 2 years " Under Federal statutes. b Prohibiting possession or capture for export of fish or game, and sale of quail, partridge or wood- cock, 64 GAME COMMISSIONS AND WARDENS. Thru within which Criminal Prosecutions and Civil Actions for Vtolation-of Ganu Taiws must be comnu need — ( Continued. St ite. Criminal prosecution. Civil action. Mississippi Missouri . . Montana .. 2 years 1 year •"> years ( felony) -J l year (misdemeanor) '' Nebraska 1 { years l year o'me not exceeding $100 or im- prisonment :: months |. 1 year, action for recovery of penalty imposed apon common carriers illegally transporting game. l year (fine not exceeding WOO or imprisonment <"> months I. New Jersey 2 yea rs New Mexico ■2 years 2 years 1 year where whole or part of penalty is allowed person prosecuting for same. 2 years, by the State. North Carolina 2 years North Dakota " years Ohio Oklahoma 3 years i Pennsylvania l year Rhode Island •J years < tine to the State) tor |. 90 days, for violations, as to birds South Dakota 1 year small game 3 vears. big game Tennessee 1 vear Texas 2 vears Utah :'> years 2 vears. before a justice of the peace . . Vermont Virginia West Virginia Wisconsin 1 vear 3 vears ■ SEPARATE OFFENSES. The practice of making a violation of law, as to each individual animal or bird or each unlawful act or omission, a separate offense, and punishable as such, is so general at the present day that scarcely a State fails to include it in some part of its game law. The provision has much to commend it. especially where the policy of the State is to inflict small lines or short terms of imprisonment. Under the laws of North and South Carolina each day that a nonresident hunts with- out a license is declared a separate offense. The New York scheme of penalizing the offense and adding a penalty for each bird or quadruped constituting the subject of the violation is the same in effect and so is the scheme adopted by several States of affixing a stated fine for each bird or animal in respect to which the offense was committed, however the procedure in the three cases may differ as to the number of complaints or indictments. In the first case as many prosecutions may be instituted as there are individual birds or animals involved in tin; violation, and this has reference rather to pro- cedure, while in the last two cases only one indictment or action lies. I'lAI I \ ll-l ■ ln»w i-\ it iii:iii\ the individual birds or animal* involved in the viola tion, and this has reference more to the degree of punishment to be inflicted. These schemes of punishment have not escaped attack in the courts u | k>ii alleged constitutional grounds, but it may *afel} be ted that there is no longer anj doubt that the provisions are valid and constituf ional. In September, LJHJ3, one Poole, of Jackson County, Minn., bad in his |x)»ession for purposes of sale 2,000 wild ducks, in violation of the game law of that State. He was indicted, tried, and convicted under that section of the game law which declared that an\ person having in his possession with intent to sell an} wild duck should be punished l»\ a tine of not less than $10 or more than $25, or by imprisonment for not less than L0 or more than 30 days, for each and every duck so possessed. The court imposed a fine of $20,000 upon Poole, with the alternative that he be imprisoned until the fine was paid, but not longer than 200 days. From this sentence Poole appealed to the supreme court of the State, urging among other grounds for iv\ ersal of the judgment that the statute was unconstitutional, because it was in violation of that part of the State constitution which pro- hibited the infliction of excessive fines or cruel and unusual punish- ments. The defendant's contention was overruled and the sentence of the lower court affirmed. In disposing of the case Chief Justice Start, who wrote the opinion, remarks: If the penalty were not graduated, s<> that the greater the offense the greater the panishment, the statute would invite its own defeat. It would be absurd to punish the unlawful possession of 2,000 or more birds on the basis of one. * * * So. in it- lasl analysis, the fines imposed in this case are seemingly excessive, not by reason of the statute but by reason of the magnitude of the often-.-. The fault is theirs, not that of the statute. In a few States, where each bird or animal is made the subject of a Beparate offense, in order to obviate the necessity of filing a separate indictment or complaint for each one, it is provided that two or more offenses may be charged in the same complaint, information, or indict- ment; and it is further provided in Alabama, Colorado, and Nebraska that violations as to any number of animal- or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal or bird. SPECIAL EVIDENT B, The defendant having been arraigned that is, required to state whether or not he i- guilty of the charges alleged in the affidavit, complaint, information, or indictment, as the case may be and answer- ing not guilty, it devolves upon the prosecution to prove the charges by State v. Poole, 100 N. W.. 647. 60 GAME COMMISSIONS AND WARDENS. the production of evidence. Experience has shown the impossibility or extreme difficulty of proving the details of some crimes by direct evidence: hence the provision so frequently found in criminal statutes declaring that certain facts or conditions connected with the subject of the statute shall he prima facie evidence of certain acts that are unlawful or of a violation of law. The effect of the provision is to cast upon the defendant the burden of proving that he is not guilty of the acts charged against him. A review 7 of the game laws of all the States demonstrates how extensively this provision has been adopted. Were it not so, many violations would remain unpunished. The pro- vision is often inserted in a statute which grants to the person some privilege in derogation of the policy of the State, where it serves as a safeguard against the abuse of such privilege and relieves the State of the burden of proving that the act done or suffered does not come within the privilege. Thus, in South Carolina, while the sale of domes- tic quail is prohibited, imported quail may be sold; but possession or sale of such imported birds is prima facie evidence of violation of law, and the statute casts upon the person handling quail the burden of proving that they were imported. (Acts of 1906. No. 53, sec. 1.) The numerous and diverse acts and conditions which have been declared prima facie evidence of violation of the game laws are shown in the following table: What constitute* Prima Facie Evidence of Violation of the fiame Lairs. State. Alabama . Arizona . . California Colorado . Facts. Possession of artificial light while hunt- ing. Possession of game which does not show evidence of having been taken other- wise than by net, snare, trap, or pound. Possession of game which does not show- evidence of having been taken other- wise thai: by net. pound, cage, trap, set line, wire, or poisonous substance. Possession of game unaccompanied by proper and valid license, certificate, permit, or invoice. Mention of game on menu of hotel, res- taurant, cafe, or boarding house. Possession of game in the field Prima facie (or presumptive*) evidence that— Connecticut Delaware Georgia Pamphlet of game laws and regulations, published by the State game and fish commissioner. Possession of quail, partridge, and wood- cock in close season. Reception by person or common carrier of quail, grouse, or partridge, and woodcock for shipment in unmarked package or addressed to a point out of the state. Possession by trespasser of gun, dog, fer- ret, or fish rod. Possession of wild fowl by person who has, at the same time, a swivel or punt gun. or is on the water at night with artificial light. Possession of game or eggs of protected birds When arrest made for violation of law. * Presumptive evidence. Possessor used it in hunting deer. Possessor so took it. Possessor so took it. It was unlawfully taken and is unlawfully held. The proprietor has it in possession. i Possessor is or has been engaged within a year in hunting it. That such laws, rules, and regula- tions are in force in the State. They were illegally taken by possessor. They were killed in the State for purpose of export. Possessor intends to hunt or Qsh on the land. They were killed by such person with such illegal devices, and of unlawful hunting. Law has been violated, l»K!M \ I \« M. I \ H'l Nt'E. I! / ■ ■ linn Kan Man laud a. . i i rr« I . quaJ « pame bj com in..: r iraii-it through 1 1 1 * - State from without during • or uongame birds bj an; | • one u bo has law fulh killed Bame, • Hungarian pari rlish, Mon go) Ian, or Chinese pheasant in i term. Possession of firearms at night in vicin- ity of ducking grounds In Merry-meet Ins Ba> or "ii Kennebec River -« »ut ii indolph and Gardiner bridge. -M..11 of firearms by unlicensed alien <>n wild lands <>r In woods. Transportation of moose and deer con- trary to l;iu . hat person charged with hunting game birds at night was at it about tiio place where 1 1 1 » - shot was Bred, and that he had a gun In his pi ston before, at the time of, or after such shooting. or disposition of l»is- r gun. Saiiu- m i.r killed contra r n \ lolated i »r i* hunting ducki trary t-> law. intlng contrary n> law. They were killed contrary to such person Is guilty. law. iis ' on of quail during season when billing and sale arc prohibited, except under btora :e permit. Possession <>f prairie chicken and sharp- tailed grouse. Gun is possessed, Bold, or posed of for purpose of shooting or killing wild fowl. Possessor has violated some pro- vision of the act (cb ir has violated the act prohibiting sale, purchi possession of said birds. ission of wood duck Vet prohibiting hunting of said birds has been violated. Constructing or setting a trap, snare, or net adapted to taking or killing game birds, hares, or rabbits upon premises frequented l>y them. "ion of a ferret in place where rab- bits or hares and game birds might be taken or killed. ssion of deer killed in Massachusetts. Defendant intended to tak«' or kill them contrary t<> law. mot has used it con law. i game in close season. Possession or control of game Whenever it i- proven that game was killed outside of Michigan. ssion or control of game Montana Possession Poss n of game in close season unac- companied bj tag of the commission. Poss* ssor killed, caught, tured it contrary to law- Law has been violated by person so doing. Law prohibiting killing of such game has been violated. Deer have been hunted illegally. Game was killed in cloa It was killed in Michigan. It was taken, killed, or exported contrary to laws of State where killed or taken. It was the property of tl at the time it was caughl or killed: and it was caught or killed in Minnesota. It was taken or killed in close season. — Wearing artificial li^ht on the head Deer have been hunted illegally. Nebraska f dead bodieSor partsof game. if gun in fields or for on or about the waters of the State by unlicensed nonresident. Possession of game and song i>irds un- accompanied by proper and valid license- certificate, permit, or invoice. - r killed the same. Law has been violated. Capture or p lnl. * Presumptive evidence. /' In addition to this general law. certain acts are declared to he prima facie evidence of violation of law under several of the county law-. 4:;r,s No. 28— 07 -•; 68 GAME COMMISSIONS AND WARDENS. What constitutes Prima Fadi Evidence of Violation ofiht Garm Laws — Continued. State. Fact-. Prima facie (or presumptive*; evidence that— Nebraska Possession of game and song birds dur- ing close Beason for shipment or in transit. Mention game on menu of hotel, restau- rant, eaie. or boarding house. New Hampshire Possession of carcass, hide, or part of moose, caribou, elk, or fawn at any time, or of more than 2 deer in open Beason or of any deer or other game animal in the close season. New Jersey P< asessi< »n of deer and waterfowl in close season. New York Possession of deer or venison from Nov. 15-24. Possession of flesh or portion of moose, elk, caribou, and antelope in open sea- son for deer. Po^se-sion of grouse and woodcock, ex- cept under bond. Possession or sale of woodcock, grouse, and quail in December. North Carolina Reception by person or corporation of quail, pheasants, turkeys, snipe, wood- cock, and nongame birds for shipment to point beyond the State. Ohio Finding of any gun. net, seine, boat, trap. or other device, set. maintained, or in use in violation of law. Finding of birds or game unlawfully in possession of any person. Reception of game and birds for ship- ment to point out of the State. Oklahoma Possession or control of game and birds. . When shown that game was caught or killed out of the Territory. Resisting, hindering, or interfering with wardens in their search of persons or places for evidence of violation of law. Oregon Possession of game and birds in close season, unless kept for scientific, breed- ing, or exhibition purposes, or as pets. Hindering or interfering with State game and forestry warden in his search of persons or places for evidence of violation of law. Pennsylvania Possession of game, fish, skin, carcass or part of thereof in ciose season. Possession of a gun in the fields, forests, or on waters of the State by unnatural- ized foreign-born resident or a nonresi- dent who has no license. Possession of body or skin, or part there- of, of game animal or bird except in open season and 15 days thereafter. jsslon of anv bird in close season Rhode Island . . South Carolina Law has been violated. The proprietor has it in possession. Possessor hunted and killed the same contrarv to law. South Dakota . Possession of more than 12 wild fowl, killed on public lands, marshes, and watercourses by a person who has no license (when one is required). Reception of game for shipment out of the State. Handling, possession, control, or owner- ship of quail, turkey, woodcock or pheasant sold, offered for sale, shipped, or exported. Reception by person or corporation of partridges/grouse, wild turkeys, snipe. woodcock, or other game for shipment to points outside the State. Possession of game birds by person or carrier. Possession of shotgun and dogs ordi- narily used for li tinting game birds, out- side the immediate bounds of any city, village, or town from July 1 to Sept. 1. Finding of traps, snares, or other de- vices used for trapping game birds, in possession of or on premises of any person. * Presumptive evidence. Possession is unlawful. *It was unlawfully taken by pos- sessor. *Such game was unlawfully taken by possessor. *They were taken in New York. *They were unlawfully taken by possessor. They were killed in the State for purpose of export. Person owning, using, or making claim to same is guilty. Such person is guilty. They were killed in Ohio for pur- pose of export. They were killed in Oklahoma. It was caught, killed, or shipped contrary to law of State or Ter- ritory where killed. Law has been violated by person so doing. Possessor took, caught, killed, or possessed same in county where found in close season. Law lias been violated by person so doing. Law has been violated by pos- sessor. Law has been violated by pos- sessor. Possession is unlawful. It was taken or killed contrary to law. Person is hunting without license and contrarv to law. It was killed in the State for sucl purpose. Law has been violated and sucl birds were not imported froi another State or Territory. They were killed in the State fc purpose of export. *Law has been violated. Law has been violated or an tempt made to violate it. Law has been violated or an tempt made to violate it. PRIM \ I \< I! I \ I I »1 M I . II I ntinued. Suit): I I' «*i«»i t big game, or purl* I I in . \ limit. Tennessee 1 icposurv or offt i quail .•f guim 1 or birds sou I'tith me or turds in Hose si'u- Vermont Possession ol moose or caribou Virginia Washington. Wesl Virginia Wyoming . Finding ol dogs ol kind commonly used to hum deer, moose, and caribou, and of other kinds known to follow such same, In act of hunting, pursuin killing deer, moose, <>r caribou. ssion of firearm, torch, jack, or arti- ficial light "ti waters of "t l • * - State or Bhores thereof after sundovi n. Delivery to <>r reception by any person or corporation of game birds lor ship- ment out of Stale. ssion of game by common carrier in close season. Possession of gun larger than B bore and sneak I >< >a t », nets, trans, reflectors, or oilier unlawful appliances, ssion of game or parts thereof In clove season. ssion of Mongolian or English pheasants, except for propagation. —ion or >-ale of nongame birds ssion of game, except number of duck-, geese, brant, and Bnipe per- mitted to be taken in November. Proof of possession of game in cloa von or sons birds at any time. Possessii m i if recently kil led deeror fresh deerskin, wild turkey. quail, pheac or ruffed grouse in close season. Reception of above game for shipment to point outside the State. Exposure for sale of game in cloa son. Hindering or interfering with wardens in their search of persons and places for evidence of violation of law. Possesion of tusks, hides, scalps horns of game animals in exc< number allowed by law. --ion of carcass, skin. BCalp, ant- lers, and tuvks of game animals in ex- - Of number allowed to be killed. : inlaw ful. 1 1 1 1 y . Of unlawful taking, killing, or • it was killed in Vermont and contrary t" law . Mich do mltted to run at large in the foresl and so hunt. illy hunting ducks. They were killed and are possessed for other purpose than con- sumption within the state. * It was taken In the state con- trary tO law . of guilt of person possessing them ! s» s&or is guilty. Taking or post illegal. Defendant i^ guilty. ♦They were unlawfully taken by pOSS) - Taking by possessor was Illegal. sor killed it. Same were killed for purpose of export. Same was unlawfully killed or caught in West Virginia. Person so doing has violated the law. Wanton and malicious waste, and destruction of game has oc- curred contrary to law. • has exceeded the hag limit. • Presumptive evidem The Colorado provision declaring that the pamphlet containing the game laws and regulations published by the State game and fish com- missioner "shall be prima facie evidence and shall be taken as such in all courts of this State of the existence of such laws, rules, and regulations," might be adopted to great advantage in all those States issuing pamph- lets o\' thf game laws, since it would dispense with the necessityof pro- curing a copy of the statutes, which are not always readily accessible. In Kansas it is unnecessary in any prosecution for the violation of the game laws "to state in the complaint the true or ornithological name" of a bird or "to state in the complaint or to prove at the trial that the catching or killing or having in possession <>i any wild bird * * was not for the sole purpose of using or preserving it as a specimen for scientific purposes." In order to procure evidence of violation of game laws the game protectors of Pennsylvania are authorized to purchase and sell any 70 GAME co.M .MISSIONS AND WARDENS. game, but after the purpose for which it was bought hag been satisfied it must be forwarded to the nearest hospital for the use of the inmates thereof. ruder the common law, and in conformity to constitutional prohibi- tion in most if not all the States, no person can be compelled to tes- tify against his will in any criminal proceeding to any fact that may tend to convict him of a crime. There are many violations of the game laws that could not be punished unless testimony of participants in the violation could be adduced, and the protection accorded such persons under this exemption would render the State powerless to procure the necessary evidence to convict were the law to go no fur- ther. But several States have incorporated in their game laws provi- sions extending exemption from punishment to any witness testifying to facts in any prosecution against another which might be used against himself in a prosecution for the same offense. The Minnesota and South Dakota laws contain examples of such provisions. Other States have taken a more advanced position and declared that under the game laws no person shall be excused from testif} T ing in any pros- ecution on the ground that his testimony might tend to incriminate him or subject him to a criminal prosecution. But in every such case the statute provides that such testimony shall not be used against the witness. Such is the language of the laws of Colorado. Maine, and New Jersey. The Maine statute is as follows: In any prosecution under this chapter, any participant in a violation thereof , when so requested by the county attorney, commissioners, or other officer instituting the prosecution, may be compelled to testify as a witness against any other person charged with violating the same, but his evidence so given shall not be used against himself in any prosecution for such violation. (Rev. Stats., 1903, ch. 32, sec. 59.) It is doubtful whether any of these provisions is enforceable, should a witness see lit to claim his privilege, for the reason that it only restricts the State so far as using his testimonv o-iven at the trial is concerned, and does not protect him against subsequent prosecution for a violation of the game law, some intimation of which may be given by his examination. To be valid and enforceable such a provi- sion must afford absolute immunity against future prosecution for the offense to which the testimony relates/' The Mew York game law contains a provision measuring up to this test, which is as follows: Sec 193. * * * A person called for the people and so testifying shall not thereafter be liable to indictment or conviction for the violation or violations of this act respecting which he has so testified, and may plead or prove the giving of such testimony in bar of such an indictment or conviction. A very wise precaution against the failure of a prosecution on account of insufficiency of evidence to establish the charge of an offense as to an entire bird or animal is taken in several States by the express provision in the game law. for example, that of Colorado, that o See Counselman v. Hitchcock, 142 U. S., 547; Brown v. Walker, 161 U. S., 591. i i \ 71 •• proof as i" a part of an animal shall be sufficient to sustain 8 charge as t<> the whole of it." The contention has sometime** been made that I statute simplj prohibiting tin- possession, Bale, or other disposition <>f certain specified birds or animals, without mention of the parts thereof , could n<>t be Invoked against b person dealing in heads, horns, hide-, flesh, plumage, or anj other constituent pan of game or birds, ►viate such contention and set the matter at rest, the Colorado l>--.»\ ision or one similar thereto should be inserted in every game law. !l\l s. S much has already been stated in reference t<> ' Fines,' under the heads 'Game prelection funds,' and 6 Separate offenses,' that very little remains to be said here. ( me phase of the subject, however, deserves fuller and more extended presentation. A number of cases involving the game laws have to tli*- courts of last resort upon the ground that the line authorized to be inflicted was excessive and that tin- statute was, therefore, in con- travention of that clause of the State constitution prohibiting the im- position of excessive fines. The courts without exception in these cases have sustained the law and have held the following fines not to Kcessive: One dollar for each lobster in Maine (State v. Craig, L3 Atl.. L29); $5 for each lobster in Maine (State v. Lnl.ee. \:, Atl., 520); |o for each prairie chicken in Nebraska (McMahon v. State, '.'7 N. \\\. : |10 for each duck in Minnesota (State v. Poole. LOO N. W., 647); s-j<» for each bird in Rhode Island (In re Stone. 41 Atl.. 658; 21 R. L, Ih: $50 to $75 for a wild duck in Wisconsin (State v. DeLano, l'* V W., vmv i: and $100 for each deer in Minnesota (State v. Rodman, 59 X. W\, L098; 58 Minn.. 393). One of the clearest and most satisfac- tory expositions impose penalties sufficient to prevent the commission of an offense, and it would have t.» he an extreme ease t<> warrant the courts in holding that the consti- tutional limit had been transcended. Ten year- later the -ante court (the supreme court of Minnesota) as already explained (see p. 65) sustained the lower court in the imposi- tion of a much Larger fine — $20,000 — for having in possession 2, wild duck- with intent To -ell them. The following table -hows by comparison the amount of line and term of Imprisonment imposed by statute in the several State- for three classes of offenses killing deer and quail in close season, and for nonresidents hunting without license: 72 GAME COMMISSIONS AND WARDENS. S 2 C :_ ■~ — i - — >. ,-. 3 ooo "OOOi^OO OOOC = :-. DC 00 — CC — r: — — to — _ — X = - DO CO — r r - - '■• r. - r * ~ ~ .£ ~ ~ .£ S © «c ii? o ^ 2§ 9 ======= .-: — . — 5 m .- — - , - / - _ _ -- = = .." = §08* — — ?-. ri -m ri 1- ■- ri ?i — .- — ri m — i.~ ^? * ^? *= ¥; /; / 7 *? V.=fr =*?<¥? =fc =#= Ife =*? = ■ ~ 1- = = - 1 . - . - — ~ = II s a r. S s : o — iO v. - 33 — ~ Hi X =: ~ ~ OB = 3=fefe=*==fe — >0 r~ § g5§ » «C DO - — >. = c - = • = ~ ■ CN _ — ^. B = = • r'i cn — 10 10 o* t-Too t-i r-t t-< «o iC — ^= — o — — •— "m ?3 =#b =fe =*= =fe £#b =£= ufe =*= =fi= =*= =*= ==£= =£r =£= =£= =#= 5fe =*= £fc =fe^^=^=^= o = rui-i.iv^, .-.— ...,— . J CI M = =fe*=tfe*^ =fc =fe *? *? =*? =fc * * ft, SSSSSSS "Ho SO vr >C -5 - -~ - = = = = n — co u- ic =fe =fe 2= £fe =*= '- 5 ?"i u~ ~ *=#= g JOS ~ ~ s 3 § ^og = = = :-. 5C M _--_-— - - » ; - _ Sooc;L--t= = = = = = = =5 u- — r-s — — 1- ri — i~ m '~ — D-D B o ■ •- ri >. = i BO — «=.*= ; ; ^^ = 5 = 1 — "E ■s .5 4 CJ - T ~ £ «• -"- = - = - \ — '^.'jl -Z~.~.~.~. S illlll lliiic COM IWRISON 01 I 1 N I - \M» IMPRISON M 5| i 65 a ~ £ r - - , S »* :g£s N 2 j§S§§ / < : : : z C C - z a >-. - ~ = ~ z z - - ■ -. 3 - :.,|||| 7-i GAME COMMISSIONS AND WARDENS. IMPRISONMENT. The only punishment authorized under many of the older game stat- utes was a tine, and if the defendant was impecunious he escaped pun- ishment altogether. A very considerable proportion of offenders against the game laws are of this class, and experience has demon- strated that to secure obedience the alternative corrective, imprison- ment, niu^t be allowed; otherwise many violations go unpunished. In some localities it is very difficult to secure conviction under the game laws where the punishment is limited to imprisonment alone. On the other hand such laws are often very lightly respected when offenders know that the only punishment is a tine. It would seem, therefore, that the provision in the penal clause of the game law- of most of the States authorizing tine or imprisonment, or both, is the proper scheme of punishment Some statutes declare that in default of payment the defendant shall be imprisoned till the line is paid or until he is otherwise legally discharged, which is equivalent to the requirement that he be held until he resorts to the remedy usually provided for insolvent convicts, that is, proof of his inability to pay the fine. Another method of enforcing the penal clause exists in a few States, exemplified by Colo- rado, where it is directed that no person upon whom a line is imposed shall be discharged therefrom on account of his inability to pay the fine, but must be imprisoned one day for each^/v dollars thereof. It is interesting to note the discrepancy in value placed upon a day's restraint of liberty. At the other extreme from Colorado is Arkan- sas, where the defendant must be imprisoned one day for each seventy? fivt cuit* of the line. Still another form obtains in some States, where, as in Florida, the alternative of imprisonment if fines are not paid appears as a general statute applicable to all crimes. It has been held by the courts that when a person is sentenced to pay a fine and, upon default, to be imprisoned till it is paid or defendant is discharged in pursuance of an enabling statute, such imprisonment, even if fully served, does not satisfy judgment for the fine, but such judgment remains in full force until collected. This is so by the game statute in New York. Such being the case it would seem that in order to bring the case to a finality and clear the records, the Colorado scheme is the best. Among the cases resulting in imprisonment in 1906 may be men- tioned the following: In Illinois two defendants, each of whom had killed a prairie chicken, were committed to jail for 10 days; for fail- ure to pay fines one defendant was committed to jail for killing a pheas- ant, three for hunting without a license, one for hunting before sunrise, and one for killing quail out of season. In Michigan two defendants received a sentence of 60 days in jail and fluorine each for attempting l;l u \i;h- I" INFORM] to Bhip renison .mi of the State, and another for shipping venison t'» market. In Ne\i Jersej one defendant was sentenced for todays for illegal possession of a blue jay, and another LO days for killing one partridge. In North < arolina one defendant \\ :i - imprisoned foi days for hunting on lands in Davidson County without permission, [n Oregon one offender received a sentence of l_' days for trapping beaver, and t w » > others were committed to jail in default of payment oi tint— for killing deer out of season. (Yearbook I . >. Dept. Agriculture, L906, pp. 535 536. ) - i 8. A general statute in some Stated requires individuals instituting a prosecution to give security for costs. The object of the requirement is, of course, the protection of officers of the courts against loss of their fees by acquittal of the defendant, and for the additional pur- pose, in many cases, of forestalling ill-advised and unfounded pi cutions. T<> relieve warden- of the necessity of complying with this requirement it is customary to insert in the game act a provision mak- ing such exemption, winch is illustrated by the following statute from the laws of Montana: The State game and ti>h warden, the deputy game and fish wardens, and the rial deputy game and fish wardens, may make complaint and cause proceedings 1 be commenced against any person for violation of any of the laws for the protection or propagation of game or fish, and in such case lie shall not be obliged to furnish security foi costs. Laws of L901, H. B. 147. Bee. 16.) Pennsylvania has a special statute imposing the costs of prosecu- tion under the game laws upon the county, in cases in which action is brought in good faith by any officer whose duty it is to protect game and birds, and the defendant i- acquitted or for any legal cause foils to pay the cost- (Laws of 1903, p. 213). REWARDS TO [NFORMERS. Under early game laws almost the only provision for enforcement was the reward offered by the State of a part of the tine, com- monly known a- a moiety, to the informer. These statutes rarely omitted this provision, hut with the advent of game wardens the practice ha- gradually fallen into disuse, and at the present day is retained in the game law- of comparatively few States. It was never a success in this country, most men preferring to see the laws violated rather than appear a- prosecuting witnesses against their fellow-citizens. Aside from sentiment, such a course was often hazardous t«> the property and even the life of an informer. There is a Several of the counties of Maryland still adhere to the practice. Further details an- contained in the table on page 37, showing the special disposition of hunting license fees and lines. 76 GAME COMMISSIONS AND WARDENS. no reason why the provision should be held in such disrepute, and since the purposes of game laws have been better understood and their necessity more forcibly demonstrated by the rapid depletion of game, an inducement of this character should accomplish its intended pur- pose. Officers of the law usually are allowed regular fees for their work, and there can be no just complaint against compensation to a private citizen who temporarily abandons his business and appears in court as a witness against the willful violator of a public statute. In this connection it should be noted that in some States a constitu- tional provision requires all fines to be paid into the State or county treasury to the credit of certain designated funds, usually the school fund. Before incorporating in a game bill a provision for payment of part of tines to informers or to a special fund, it is essential that the constitution of the State be consulted. It may be that a divi- sion of tines is authorized by some special wording of the constitu- tion, as where it is directed that the 'net proceeds* of fines shall be applied to certain purposes. This question has arisen in the courts, and in Nevada (Ex parte McMahon, 26 Xev.. 213 : 66 Pac, 291) one provision of the game law was declared invalid because it allowed the informer part of the line when the constitution declares that 'all tines collected under the penal laws of the State * * * shall be and the same are hereby solemnly pledged for educational purposes and shall not be transferred to any other fund for other uses.*" On the other hand, the game law of Wisconsin, one section of which directed that two-thirds of the fines collected should be paid to the informer, was sustained as valid against the contention that it was unconstitutional because the constitution of that State declared that the clear proceeds of all fines collected in the several counties for any breach of the penal laws shall be set apart as a separate fund to be called the 'school fund.* (State v. De Lano, 49 X. W., 80S.) The court held that 'clear proceeds' meant the amount of such fines left after making authorized deductions. Under the Nebraska game law, in obedience to the constitutional provision, all fines collected for violation of the game law must be paid into the school fund, but the corporate authorities of any county, city, or village within whose jurisdiction such fines shall be recovered are required to pay to the complaining witness out of the general fund an amount equivalent to one-half the fine actually recovered. A novel contention relating to the subject of payment of rewards to informers was made in the Illinois case of Meul /•. People (6-1 N. E. 1106), where the defendant insisted that the game law was invalid, because one section directed that half the fine be paid the informer. «See also State ex rel. Rodes v. Warner, 94 S. W., 962, holding that fines undei the game law of Missouri mu!' which he could not he deprived '»\ the governor, who, under the constitution, had the power to grant reprieves, commutations, and pardons after convic tion for all offenses. The effect of such disposition of fines, it was contended, would be to takeawaj from the governor this constitul authoritv. This contention, however, was overruled by the court. In Georgia it has been held that where bj statutes part of the tip penalty is reserved to the informer, bis right thereto becomes bo fai nested upon conviction and sentence that the governor can not, by pardon, remit that part. (Parrott v. Wilson, 51 conviction in cer tain cases. In Kansas the act protecting antelope contains a section declaring that a person giving information Leading to the conviction of anyone for a violation of the act shall be entitled to a reward of |25. Minnesota authorizes the commission to pay out of the funds at its disposal a reward of $50 for information Leading to convict ion in respect to moose and caribou, $25 in case of deer, and $10 in case of birds. Tin 4 law of Wyoming authorizes the State game warden to pay a reward <>\ $300 for evidence toconvict any person of hunting big game for tusks, heads, horns, or antlers and allowing the carcass to go to waste. REPORTS OF PROSECUTIONS. In order that game officials may know the progress of protection and the work of deputy wardens, it is expressly provided in some State- for example. Alabama. Colorado, and Maine that every magistrate or court before whom a prosecution under tin 1 game laws ha- been conducted or an appeal has been taken shall, within a certain time after disposition of the case, report the particulars to the State game officials. Usually this report must contain a statement of tin 1 offense and the result of the trial, show whether or not the tine was paid, and if so, what disposition was made ^( it. and if not. what pun- ishment was inflicted upon the defendant. EFFECT or REPEALS. A bill for the protection of game intended to repeal all former game laws should always contain a saving clause at the end. Other- wise it might be contended by some defendant who had violated the old law that a prosecution could not be maintained because the new law had repealed the old and thereby released him from such penalties as attached to the offense under the old law. Such a provision in the Colorado game law reads as follow-: All acts an\ reple\ in an ulternatn e demand for damages, and if possession can not be restored the value of the game Is recoverable. A novel provision In the Colorado la^i fixes the minimum value of each species of mine and of birds, and permits the commissioner of fisheries and game or an 1 warden to bring a civil action for iv<<>\ «-r\ of the value of any game killed, wounded, or held in possession in violation of I:» \s . The Nebraska law has a similar provision, but does n<>i ii\ the value <>f the game. These States further direct that the writ of replevin shall issue without bond and thai the pendency of a criminal prosecution for tin' same offense shall not affect or Btaj the ch il suit, nor shall the action of replevin affect the right of seizure under other sections of the acts. Action i>( replevin has frequently been resorted to i»\ offenders against game laws to recover property seized by game officials. In H"»i this action was instituted in Nebraska for reco^ ery of three shot- guns from a deputy game warden, who had seized them while the plaintiff and two others were illegally hunting prairie chicken-. At that time the Nebraska game law authorized seizure of the guns of those found violating the law, but contained no provision for a trial of the question of forfeiture. The district court of Boone County, where the action was brought, found for the plaintiff and decreed restitution ^( the guns, holding that the section authorizing the seizure and confiscation without a trial was unconstitutional. The warden appealed t<> the supreme court of the State, where the judgment of the district court was affirmed. (McConnell >'. McKillip, '.»'.» N. VV., 505.) In the same year an action of replevin was instituted in Colorado for the recovery of :'>"" deer hide-, or for damages for their detention, from a deputy game warden, who had seized them on the ground that they were held in possession in violation of a provision of the game law requiring that any person who desired to keep such hide- must have an officer's invoice. The case was tried in the district court ^\' Mesa County and resulted in a verdict against the warden for $350, from which he appealed to the court of appeal-, where the judgment of the district court was reversed. (Hornbeke v. White. 7*> Pac, 926. In L896 an action of replevin was instituted in Wisconsin for the recovery of L2 gill nets, of the value of $60, which had been seized by the game wardens on the ground that they were set in Lake Winne- bago for the purpose of fishing in violation of the game law. A trial by jury resulted in a verdict for the warden-. The ea-e wa- appealed to the supreme court, which affirmed the judgment of the lower court. (Bittenhaus >\ Johnston et al., 66 N. W., 805.) - e also People v. Johnson, 88 Pa.-.. L84. 80 GAME COMMISSIONS AND WARDENS. INJUNCTION. The question has arisen repeatedly, and doubtless will recur fre- quently, as to whether an anticipated or persistent violation of the game law can be prevented by a proceeding in equity. It is a general rule of law that injunction will not lie to restrain the violation or intended violation of a penal statute. The rule is well settled that, where there is no threatened injury to personal or property rights, equity will not lend its aid by injunction to restrain the violation of public or penal statutes or the commission of penal acts. (State ex rel. Reynolds v. Capital City 1>. C. 56 N. E. (Ohio), 651.) The only remedy or redress, therefore, of the State is a criminal prosecution, or, as heretofore stated, a civil action for the recover\ T of the prescribed penalty in those States vrhere such procedure is per- mitted, after consummation of the offense. But in a few States an attempt to violate the game law is an offense, and under such a statute timely prosecution might prevent the consummation of the unlawful act. It is doubtful whether a State has the power to provide for recourse to injunction in order to restrain an anticipated or continued violation of the game law. and. it seems, no State has attempted it. This remedy has, however, been frequently and successfully invoked to restrain per- sistent and repeated trespasses upon private property for the purpose of hunting, and thereby, indirectly, certain features of the game laws have been enforced/' The case of Kellogg v. King in California (46 Pac, 166), is a good illustration of the application of this principle. Kellogg, as trustee of the Cordelia Shooting Club whose preserve was situated in Solano County, Calif., applied to the superior court of that county for an injunction to restrain King and about forty others from trespassing upon the club's preserve, shooting ducks and other game thereon, and otherwise committing frequent depredations. The defend- ants resisted the suit on several grounds, among which it is only neces- sary to refer to the one denying complainant's right to resort to the remedy of injunction. The superior court dismissed the complain- ant's bill and rendered judgment for the defendants, from which the complainant appealed to the supreme court of the State, Avhere the judgment was reversed and a new trial ordered, thus sustaining a See article entitled 'Jailed for ignoring an Injunction,' in Am. Field, LXI, pp. 319-320, Apr. 2, 1904. Two market hunters were enjoined by the U. S. Circuit Court from shooting on the property of the Big Lake Shooting Club, in Mississippi County, Arkansas, and when they continued to trespass they were sentenced to 30 days each in the county jail for contempt of court. II \« II' in right of th»' club i<»:in injunction i" prevent defendants tn i;_ r Lake Shooting Club, Harrison Fite L48 Fed., Compare the decision in Rockefeller v. Lamora (New York . given in full in I and Stream, LXI, p. 28, July 11, 1903, with the statement of the case given in the Maine Sportsman, vol. 14. p. 202, June, L907. MISCELLANEOUS PROVISIONS. The game laws contain many provisions that can not be conveniently grouped under the subjects heretofore presented, and hence are col- lected under the head of miscellaneous provisions. Some of these are highly interesting and very essential to proper administration. PUBLICATION OF LAWS AND REPORTS. Prompt publication of the frequent amendments to game laws in sufficiently large editions to meet all reasonable requirements is essen- tial, and failure in this particular interferes seriously with enforce- ment. The volumes of session laws are inaccessible to a large part of the people, who must therefore rely upon some secondary but authoritative publication for a knowledge of such changes as have been made. Every State and Territory except Arizona, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, and Rhode Island, publishes the full text of its game laws in pamphlet form for general distribution, and Arizona and Rhode Island issue abstracts. These pamphlets are usually published by the game depart- ment, but in a few instances they are issued by the secretary of state. and in Florida by one of the county wardens — the game warden of Lake County. In some States, such as Pennsylvania and New Mexico, where there is a large foreign element in the population, summaries of the laws are published in two or more languages. Three States — Alabama, Colorado, and New Hampshire — direct their game depart- ments to publish and distribute the game laws; others make an appro- priation for the purpose; but the majority leave the matter entirely to the discretion of the game officials. The number of copies to be printed is sometimes fixed by statute, as in Idaho and Wyoming, where it is placed at 5,000, in New Hampshire at 10,000, and in New York at 25,000 copies. Specific appropriations for printing the laws are made in four States — Idaho, §50; Wyoming, 8250; Colorado, £:><><»: and Pennsylvania, $300. Few States, however, have thus far provided editions large enough to meet the demand, for each hunter should be supplied with at least one copy of the game laws every year. The distribution in States which issue resident licenses can be readily and economically effected by placing at the disposal of each officer who issues licenses enough pamphlet copies to supply each licensee. Nearly every State requires its game official or board to report on 82 " ( ii \i;<;l i" I II i JUBY. the work periodically, usually to the governor, but In a feu instances to the legislature, and in Michigan and Texas t«» the secretary of state. These rejwrts ordinarily cover a biennial period, sometimes an annual period, i>ut in Alabama the commissioner is required to report only quadrennially, while in Montana In- must submit a report semian- nual 1 v. h i* through these reports that tin- executive and legislative branches of the government, and more especially the general public, are informed as to what the game departments are accomplishing. Formerly such reports were brief, containing little more than a finan- cial statement, but of late years their scope has been greatly enlarged, and statistics of hunting Licenses, prosecutions, and seizures are very generally included. General articles on game protect ion and economic Ornithology by recognized authorities and illustrated by colored plates are sometimes included, so that the volumes are valuable alike to the specialist and the general public. The reports of Indiana, Massachu- setts, Montana, ami New York are examples of this evolution. A feature which ha-> lately begun to receive attention and may be made of great value both in framing legislation and for future reference is a state- ment of the condition of the game of the State in more or less detail. >rts containing such statistics are repositories of interesting and valuable information. Annual report- arc required in Wisconsin and Illinois, but they are not published in separate form, although report- on certain phases of warden work in Illinois appear regularly in one of the leading sportsmen's journals. Provision by specific appro- priation is made in several State- for publication of game warden rts, and ( Colorado and Wyoming appropriate $200 for the purpose; Vermont fixes the number of copies at 2,000, and Indiana, by special act in L907, ordered 10,000 extra copies of the last biennial report of the State game and tish commissioner. CHARGE TO THE JUBY. For a long time in the history of thi> country it has been customary for the legislature to incorporate in certain criminal statute- a section or clause directing the judges of court- having jurisdiction of the matter to give the statute in special charge to the grand jury or to call its attention to the law. The object i-. of course, to insure enforcement. Four States AJabama, Georgia, Montana, and Ten- nessee—have included this provision in their law-, the Language of the Tennessee section in the nongame bird law of L903 being as follows: 9. That the grand juries of the circuit and criminal courts of the State shall have inquisitorial authority ever all violations of any of the provisions this act, and upon probable can-", shall make presentment without prosecutor; and that the j having criminal jurisdiction in the various counties in Tennessee shall :_ r i\v this Act specially in charge to the grand juries at every term of the court-. \ tsof 19 IIS.) 1358 — No. is — 07 7 84 GAME COMMISSIONS AXD WARDENS. SUSPENSION OF PROSECUTIONS. It has been maintained that the right to suspend or remit fines is inherent in the judiciary and the function has been quite commonly exercised. There is no question that there are circumstances under which such action is just, humane, and expedient, but this power, like all others, is liable to abuse and allows petty judicial officers to nullify the game laws. Colorado has guarded against this danger by the following provision: No fine, penalty, or judgment assessed or rendered under this act, or the act to which it is amendatory, shall be suspended, reduced or remitted otherwise than as expressly provided by law. (Div. K, sec. 4.) On the other hand the State warden of Tennessee is authorized b} T the game law to compromise or discontinue cases where the violations are technical, or where he believes the prosecution or fine would be oppressive. A clause in the Pennsylvania game law permits offenders to sign an acknowledgment of their offenses and pay the fine prescribed by law to any game warden, whereupon they are entitled to a receipt from the warden which shall be in full settlement of the charge. This course has the intended -effect of relieving offenders from public prose- cution and the embarrassment incident thereto. It is questionable, however, whether it is not better that full publicity be given all pro- ceedings for the punishment of violators of the game laws, so that its deterrent influence may have full effect. In order to prevent useless and frivolous prosecutions, Tennessee in 1907 inserted in the game law a proviso permitting the State warden, when informed of a violation, to visit the place and summon witnesses to testify under oath to any facts bearing upon it. By the statute a penalty of ^25 to $50 is imposed upon anyone so summoned who refuses to attend or testify. This is a new feature in the administration of the game laws of this country and, while it has not been in opera- tion long enough to test its practical value, it doubtless has merit, especially when there is reason to believe violations are reported merely for private vengeance or for pecuniary gain. SPECIAL OFFENSES IN CONNECTION WITH HUNTING LICENSES. In Illinois the alteration of a hunting license in any material manner, or the loan or transfer of it to another, is declared to be forgery and punishable as such. In Michigan, Tennessee, and a few other States procuring a license by false swearing is defined as perjury, and in some cases punished as such. In Maine and Vermont substantial tines are imposed upon anyone furnishing to another, or permitting another to use his license, and upon the person receiving such license. Altering or changing a license in any way is also made an offense. The penalties sometimes attached to the offense of hunting without license are probably inadequate to restrain criminally Inclined person those hunting for mercenary purposes. I «» meet this condition sei States have deelared that licensees \\ 1 1 « » violate :m\ provision of the .jam.' laws shall forfeit their licenses, and thai the officer issuing them, <>r the State game warden, ma\ revoke such licenses upon satisfactory proof of the unlawful conduct of the holder. Minnesota has prescribed the procedure in such eases as follows: \ii\ person who Bhall violate any of the provisions of this chaptei complete game law], and \\ h<> i- at the time of Buch violation in the ] of a Be duly issued t<> him. shall, upon <•"iivi.-ti.ni thereof, forfeit such li<-. use t" the Btate of Minnesota, and such person .-hall deliver to the court before whom he was tried any such license, and the .•.•art shall forward the same to tin- commission. Laws ol 1905, ch. 344. In Maine the commissioners of inland fisheries and game may revoke tin 1 license of anyone who violates or countenances tin- violation of the game law after due notice to tin* holder and after opportunity is given him t«> show cause against such revocation. Tln> law- of most of the Stat.-- requires licensee t<> produce his license on demand of a warden, and in several to any officer chai s with the duty of enforcing the game law. Failure or refusal to do so i- attended with a substantial penalty, and in Kansas and a few other States failure to produce a license on demand of a warden revoke- it. Massachusetts and New Hampshire go a step further and require the licensee t<> produce and -how hi- license to any person a- often as requested, and on failure to do so he forfeits it. In West Virginia the licensee must produce and -how his License, whenever required, to the owner of the land upon which he i- hunting. .Montana provides that if any officer believes that a license is in the hand- of a person other than the one to whom it was issued he may require such person t<» identify himself, and in case of refusal he i- held guilty of a misdemeanor. DOGS. In the la-t few year- tin- practice of dogging deer, or 'houndii a- it is commonly called, has been the subject of restrictive Legislation in most of the Mates where hie; game occurs. Much has been written and more -aid for and against this method of hunting, hut an exami- nation of the law- plainly indicate- a general t rend toward the abolition of the practice, and to-day there are few State- where one may hunt hiii- game with doe-. The penalty i- usually imposed upon the owner of the dog or person using it: hut several States have not only done this, hut have also authorized the destruction of the dogs by wardens, or. in a few instances, by any person. This subject ha- perhaps engaged more attention in Maine ' than elsewhere. The attempt to "For resume* set- F. P. Hardy, 'Six Years Under "Maine Game Laws — VII, on 'Killing I ><>'_'-:" and IX, The Jock Darling Case, in ' Forest and Stream,' Vol. XXXVI, p. 372, May 28, 1891; p. 477, July 2, 1891. 86 GAME COMMISSIONS AND WARDENS. suppress the practice of hounding in that State led to several serious tragedies, the most noted of which occurred in the fall of 1886, when two game wardens were shot and killed by a party of poachers who had a dog with them for the purpose of using- it in hunting deer con- trary to law. The wardens attempted to capture the dog and were killed while so doing. The principal actor in the affair escaped to California, where he was apprehended in March, 1887, and brought back to Maine, tried, convicted, and sentenced to imprisonment for life/' This sentence was afterwards commuted to twenty-live years and further reduced by good behavior to nineteen years, so that the term expired in 11*06. Judging by legislative acts public sentiment has vacillated some what on this point. For some years prior to 1901 Vermont authorized the destruction of dogs used for hunting big game, but in that year repealed the provision, retaining, however, the prohibition of such hunting. So in New Hampshire, the destruction of dogs was author- ized until 1905, but the legislature of that year repealed the provision. Wisconsin declares a dog used for pursuing deer a public nuisance, and thereby tacitly licenses its destruction. Michigan deals with the practice with a strong hand by declaring that any dog found pursu- ing, killing, or following upon the track of deer is a public nuisance, authorizing any person to destroy it summarily, and exonerating him from civil or criminal liability for so doing. Maine and Minnesota allow destruction of dogs under such circumstances by any person; and the conservative State of Massachusetts authorizes any of her offi- cers who are required to enforce the game laws and all who rnay serve criminal process to kill any dog found chasing or hunting deer, if such hunting is known to the owner, and further provides that if the same dog is twice found hunting deer that fact shall be sufficient evidence of the owner's knowledge and consent. Pennsylvania has gone into the subject with more detail than any other State. It declares that any dog pursuing or following upon the track of a deer is a public nuisance, and may be killed by any person upon affidavit of one or more persons before an authorized officer that the dog- is in the habit of running deer or has been known to do so within a year. The law further declares that any dog pur- suing any game animal or bird during the close season off land con- trolled by its owner is a public nuisance, and may be killed by the owner or lessee of the land whereon it is found, or by any game officer who sees it upon the track of such game, unless the dog wears a collar giv- ing the name and address of the owner. Collared dogs so found hunt- fl For details of this tragedy see 'Forest and Stream,' Vol. XXVII, p. 308, Nov. 11, 1886; 'Maine Sportsman,' vol. 13, p. 158, April, 1906. I I l;i:i i 8, 1 1. »■- - ing m:i\ !»«• killed in the manner stated above after notice of the I ivities, given to the owner b} the landowner or bj the sec re tan of the game commission. In January, L906, the secretary estim that aboul 3(H) dogs had been Killed during the nine months' o v >eration of the law. i;i:i I B. The use «>t* ferrets for hunting rabbits is of verj ancient origin. History records their use for such purpose in the days of the Roman Empire. The} were commonly used in this country till within the pa-t tfw years, but recent legislation in several of the States has greatly restricted their employment. In th»- Eastern Mate- particularly, where rabbits are not sufficiently abundant to be a pest, they are often considered valuable game, and protected rigidly. The use of ferrets in hunting rabbits has imperiled the maintenance of the supply of these animals to such a degree that it has become necessary to prohibit the practice. The usual prohibition simply extends to the use of the ferret for this special purpose, but Illinois and Massachusetts prohibit its use for hunting any game. Massachusetts further make- possession of a ferret in any place where game may be found prima facie evidence of it- illegal u-e. and declares that ferret- used in violation of law shall be confiscated. SPECIAL PROBLEMS. COOPERATION. It is axiomatic that the statutes of a State have no force outside its boundaries, and it is unusual that a State should declare the statutes of another State of force and effect within its domains. Such is the effect, however, of certain features of the laws of Michigan, Minne- sota, Nebraska, Oklahoma, and Wisconsin. Minnesota provides that it shall be unlawful for any person to have in his possession or under control any game or birds or parts thereof which have been unlaw- f 11II3- taken or killed in another State or unlawfully shipped from such State. Wisconsin prohibits the shipment into or through the State of any game the shipment or transportation of which is prohibited by the laws of any other State, and makes it the dut} T of the officers of Wisconsin to seize such game. The Michigan statute is somewhat broader and is as follows: No person shall at any time have in possession or under control any bird, game, or fish caught, taken, or killed outside of this State, which was caught, taken, or killed at a time, in a manner or for a purpose forbidden by the laws of the State, Territory, or country where the same was caught, taken, or killed, or which was shipped out of said State, Territory, or country in violation of the laws thereof. The statute of Oklahoma is much to the same effect, and Nebraska declares it unlawful for any person or corporation to bring into the State any game from any other State during the season when such State prohibits the export thereof. It would seem that similar action by- all the States would be productive of much good. 'sooners.' Close seasons will usually, if not invariably, be found to cover the period of reproduction of game and a sufficient time for the young to mature. These, indeed, are the chief purposes of such seasons, and upon their strict observance largel} 7 depends the maintenance of the game supply. Realization of this fact has led the game departments of several States to make unusual effort to prevent the killing of game in close season. The close season is generally respected until near its end, but a certain class of hunters, appropriately termed k sooners,' often begin shooting a few days in advance of the legal opening of the hunting season. The temptation to be first in the field and to get the pick of the game is so strong that it is often necessary to enlist an extra force of deputy wardens to deal with this class. In 88 HUNTING \ « < I h I \ i State* authorizing the appointment of several deputies in each count} this practice is easih controlled; but where no such authority is con ferred ii is more difficult to meet, especially because of the ingenious explanations ^_^ i x « - 1 1 t»\ 'sooners 1 to account for their presence in the field. If <>ili»T game, such as squirrels or rabbits, maj be lawfully xlu»t at the time, tin' claim is made that such game is their sole object, and frequently the} shoot in advance of the season under the guise of training dogs. Some States have prevented the use of the first pleaty making the opening of the seasons as nearlv uniform as possible, or, as in Indiana, b} establishing a close season upon less important game for a brief period prior to the opening of the season for the more important game. And in recent years the legislatures of several of the States ha\ e pro\ ided remedies for the subterfuge of t raining dogs, and alto gether debarred the defense. Michigan permits the training of dogs fifteen days only before the open season for ruffed grouse, and pro- hibits the possession of firearms while the person is so engaged. Min- nesota does not allow pointers and setters to be used or run in fields or upon land- in which game birds may be found during August, or at any time except in the open season for such birds. Pennsylvania per- mit- dogs to be trained by their masters upon any game, except deer, from August 1 to January 1. but prescribes that no injury shall be inflicted upon such game. South Dakota has gone considerably fur- ther, and declare- that any person traveling in any manner in e presumed to have violated the law- respecting game birds. Hi: VII V. ACCIDENTS. The alarming increase in the number of fatal hunting accidents* in the past few years, due almost entirely to carelessness, ha- led t»> much discussion as to the best means of guarding against such occurrences in the future, and ha- resulted in the enactment of drastic statutes in Maine. Michigan, and Minnesota, w here it is now a serious offense to shoot carelessly or negligently or to wound or kill a human being while hunting game. In both the former States the punishment is imprisonment not exceeding ten years or a tine not exceeding $1,000, and it is made the duty of county attorney- and sheriffs t<» investigate alleged violations of the acts and prosecute the offenders. " Montana has adopted a uniform open season for game of all kinds. &In 1906 the number of such accidents in the United States exceeded 100. Year Book U. 8. Department of Agriculture 1906, pp. 536-537. 90 GAME COMMISSIONS AXD WARDENS. In Minnesota the killing of a human being by shooting with a gun or other firearm, when resulting from carelessness in mistaking the person shot for a deer or other animal, is manslaughter in the first degree and punishable a^ such. So far no conviction under these statutes has been reported. On the other hand, in a North Carolina case (State v. Horton, 139 X. ('.; 1L. R. A., n. s., 991), decided in 1905, it was held that the unintentional and accidental killing of a human being was not ren- dered criminal by the fact that the slayer was at the time violating a statute prohibiting- hunting on lands of another without permission. COLD STORAGE. One of the greatest obstacles to effective game-law enforcement is the modern cold-storage plant and the facility it offers for conceal- ment of game. The ease and certainty with which dead game may be preserved even in hot weather removes all limitation formerly imposed by that condition and stimulates the killing of vastly larger quantities than in days before this invention. It is therefore, a direct incentive to the unlimited destruction of game. It has furnished a defense often invoked in prosecutions for possession of game in close season, when the defendant has asserted that the game was lawfully taken in the open season and held in cold storage. It is often difficult, if not impos- sible, for the State to controvert this defense. Hotels, restaurants, and clubs are therefore able to serve game to their guests throughout the close season, and many other avenues of illicit commerce in game are thereby opened. It has proved such a menace to the preservation of game in Minnesota that in 1905 the legislature prohibited, in the fol- lowing terms, the placing of game in any cold-storage plant: The placing or receiving within or storage of any game bird or game animal, or any part thereof, in any cold-storage plant, is hereby prohibited and made unlawful. Other States have placed restrictions on the storing of game. As an example. Nebraska has made it unlawful to store game, except during the open season and live days thereafter, when stored for the person lawfully in possession thereof, and at any time when it has been law- fully imported into the State. This limitation is followed h\ a positive prohibition of the possession or serving of game by hotels, restaurants, cafes, and boarding houses to their patrons in close season. In Colo- rado a permit from the game commissioner is required to store game. In several States the owners, proprietors, or managers of cold-storage plants are required to permit the game wardens to inspect the plant upon demand. Kansas requires the fish and game warden to inspect all places where meat, fish, and game are kept for sale or shipment or stored for pay, and those storing such articles are required to permit inspection. New York defines the limitations on the privilege of i n i • i \ • 91 storing game in no uncertain terms: Dealers in game may rtore their stock on hand :it the commencement of the close season upon giving bond in such amount and under such restrictions as the forest, fish, and *_! : 1 1 1 1 * * commissioner may prescribe and with the farther condi tjonn that they will not Bell, give away, or otherwise dispose of the same in close season, and that they will not violate tin* law in anj way. The prostitution of the cold storage plant to purposes of illicit traffic in game is fortunately disappearing under recent legislation and through the vigilance of the officers charged with the enforcement of th» i game law s. The case of Haggertyv. St. Louis [ce. Manufacturing and Ston Company (44 S. W., L114), decided by the supreme court of Missouri in L898, involved an interesting question of contract connected with the storage of game. Haggerty, a game dealer in St. Louis, had stored in L892 with the defendant company a large quantity of game to be withdrawn during the next open season. In 1 893, when the game was removed, the owner found it worthless from decay. A suit was instituted for the recovery of $7,000 damages from the storage com- pany. The company demurred to the com plaint upon the ground that the contract of storage was in violation of the game law, which pro- hibited possession of game in close season. The demurrer was sus- tained and on appeal to the supreme court the judgment was affirmed. INDIANS. fears ago exceptions in favor of Indians were occasionally made in the game laws of some States, as in those of Maine and California. In L853 .Maine exempted Indians of the Penobscot and Passamaquoddy tribes from the restrictions of the law protecting deer and moos*'. In i v .". L California exempted Indians from the operation of the salmon law, and in 1866 allowed them the privilege of taking trout at any time. Later on, however, these exceptions disappeared, and outside of their reservations Indians were placed on the same basis as other persons. In L892 the supreme judicial court of Maine, in the case of Mate v. Newell (24 All.. 943), decided that Indians in that State were not 'Indian tribes* within the treaty-making power of the Federal ( rovernment, that they had no separate political organization and were subject as individuals to all the laws of the State. Similarly the Supreme Court of the United States has held that the Cherokee Indians who remained in North Carolina were subject to the laws of that State (Cherokee Trust Funds, 117 U. S., 288). The game laws of Arizona, Colorado, Montana, and North Dakota Beem to be the only ones that now specially mention the Indian. The law of Montana declares that the provisions and penalties prescribed * shall be deemed and held to include all Indians and half-breed Indians when outside the Indian reservation.' (Seep. 198.) Montana also ha- 92 GAME COMMISSIONS AND WABDENS. a statute prohibiting Indians from carrying- firearms of any kind out- side a reservation, and authorizing the seizure and confiscation of such arms. Colorado mentions the Indian only in connection with other persons affected by the law, so that in this State his relations to the game law do not differ from that of others. Arizona provides: Any Indian who, in the Territory of Arizona, at any time, shall hunt, take, pur- sue, kill, or destroy any game or fish mentioned in this act, off the Government reservation to which lie belongs, shall be guilty of a misdemeanor. (Laws of 1905, eh. 25, sec. 22). The game law of North Dakota deals with this subject more at length, and is a clear exposition of the status of Indians in this coun- try. Under this law it is illegal for an Indian who is a ward of the Federal Government to hunt anywhere in the State, except upon In- dian reservations, unless he takes out a regular hunting license. The section is as follows: Sec. 7683f. Indians subject to game mws. — It shall be unlawful for any Indian who is a ward of the United States Government to hunt on any lands within this State at any time, except upon such lands as are known to be Indian reservation lands. It shall be the duty of the district game wardens, their deputies, and all peace officers of this State, to arrest any Indian found hunting in violation of this act. It shall be the duty of the States attorney in any county within this State to prosecute any Indian so arrested under the provisions of this chapter, and, upon conviction, such Indian shall be deemed guilty of a misdemeanor and be punishable by a fine of not less than twenty dollars nor more than fifty dollars, or may be imprisoned in the county jail not less than ten days nor more than thirty days, or may be subject to both such fine and imprisonment; provided, that the provisions of this section shall not apply to any Indian who takes out a permit to hunt as provided for other persons. The peculiar character of Indian reservations, in view of the rela- tion of the land to the State or Territory in which situated and of the Indian to the General Government, makes it important that the ques- tion of jurisdiction in cases of violation of the game and fish laws on Indian reservations or by reservation Indians shall be clearly stated. On March 3, 1885, Congress passed an act relating to Indian reserva- tions defining certain acts as crimes and giving jurisdiction of offenses under the act to the Federal Government. (23 Stat., 385). The list of crimes included nothing relating to game as such. Since this act was passed several questions have been raised and the decisions of the higher courts have made its interpretation so clear that its construc- tion is easy. The United States Supreme Court in United States /•. Kagama (118 U. S., 375) decided that Congress had jurisdiction to pass the act and the right to give jurisdiction to the Federal courts. Justice Miller in announcing the decision of the court sa} T s: These Indian tribes are the wards of the nation. They are communities dependent on the United States; dependent largely for their daily food; dependent for their political rights. They owe no allegiance to the States, and receive from them no protection. * * * From their very weakness and helplessness, so largely due to i.\m \n i;i -i i;\ \ ii" (I,,- course q( dealing ol the Federal Govern menl with them, and th< I which it ha- i'.vn promised, thei the duty "i protection, and with it the powi ■ lias alwaj - been recognised bj the Executive and bj < longress, and b) court, whenever the question 1 The power of tin i rnment these remnant once powerful, qom weak and diminished in numbers, \ to their protection, as well as to the Bafety of those an g whom they It must exi*«t in that Government because it never has existed any when the theatei of it- exercise i- within the geographical limit.- of the United s, U-c.iu-e it h ..- ;.! vcr I •ecu denied, and l>< rau-e it alone can enforce its lavs - on the tribes. The statement at the outset of this quotation that the u Indian tribes are the wards of the nation" is the keynote to the question of jurisdiction. In State • •. Campbell (53 Minn.. 354) the court Baid: The jurisdiction of the Federal Government over these Indian tribes rests, not upon the ownership of and sovereignty over the country in which they reside, but upon the fact that, a- the wards of the General Government, they are the subjects of federal authority \\ ithin the States as well as w ithin the Territories. In general it may be said that while the State laws extend over and may be enforced upon Indian reservations when violated by white people oi- nontribal Indians, yet State authorities have no power to enforce the laws upon the tribal Indian on his resen at ion. The U.S. district court of Wisconsin ha- -aid. ' Congress having assumed juris- diction to punish for criminal offenses, that jurisdiction i- exclusive.' It add- that while Congress might provide fish and game laws for Indian-, it has not done so, and add- that it would he intolerable if the State should have power to step in and extend it- civil and criminal code- and police power over these people. 6 Covering this same point, the Minnesota supreme court, in deciding the case of State v. Camp- bell, said: By the act of l ss "> presumably Congress has enumerated all the acts which, in their judgment, ought to be made crimes when committed by Indians, in view of their imperfect civilization. For the State to be allowed to supplement this by making I every act a crime on their part which would be such if committed by a member of our more highly civilized society would he not only inappropriate, but also practi- cally to arrogate the guardianship over these Indian-, which is exclusively vested in the < leneral < rovernment. The jurisdiction of the United Mate- over the Indian- on a reserva- tion remains, even though the lands have been allotted in severalty, the title of the reservation still remaining in the United States. In L899 the hoard of game and fish commissioners of Minnesota brought an action of replei in for the meat of 1-t deer found in posses- sion of an Indian on the White Earth Reservation after the expiration of the time during which the State law permitted the possession of a In re Blackbird, 109 Fed., 139. &In re Blackbird, supra. cln re Lincoln, 129 Fed., 247 (Calif., l'.KM). 94 GAME eo.M .MISSIONS AND WARDENS. venison. It was claimed that the deer were killed on the reserva- tion by tribal Indians during the open season and bought by one of the Indians, Julia Selkirk, who held them to sell to Indians on the reservation, no part of the meat having been removed or having been intended to be removed from the reservation. The supreme court of Minnesota decided that the relationship of Indians to the Federal Gov- ernment and certain special circumstances connected with the White Earth Reservation gave the Indians the right to hold and deal among themselves in deer meat on the reservation at a time when the posses- sion and sale of such meat were prohibited by the State law. The court was not unanimous, however. Two of the live justices, including the chief justice, dissented from this opinion, holding that- the State had the right to reclaim its own property. They said: In view of the fact that tribal Indians who have not adopted the habits of civilized life are accustomed to depend largely on the fruits of the chase for their food, it may be necessary that they should be allowed to kill game for that purpose on their reservations all the year, irrespective of the closed season, under State laws. But there is no necessity that they should be allowed to kill it for the purpose of sale to others. And further: It may be that the remedies of the State for the enforcement of these laws are incomplete, so far as the persons of the Indians are concerned; but, if so, it is not because the laws do not apply to Indians, but because of the exclusive guardianship of the Federal Government over tribal Indians on a reservation. « While the exemption of tribal Indians on reservations from the State laws protecting fish and game seems thus to be generally main- tained, on the other hand, the jurisdiction of the State authorities over Indians committing offenses off their reservations and nontribal Indians anywhere seems to be no less strongly upheld. In 1898 the supreme court of Minnesota maintained the right of State game officials to seize in transit game that had been killed on the White Earth Reservation by Indians during the open season and sold to an Indian on the reservation, who undertook to ship it out of the State. The court stated, in deciding this case: It is unnecessary to and we do not decide whether the State may or may not interfere with game which is unlawfully in the possession of Indians on the reserva- tion. But we do hold that when, as in this case, game is once off this reservation, and in the possession of any person or corporation in violation of the law, it may be seized and confiscated by its proper officers, without reference to where or by whom it was killed. 6 The well known case of Ward v. Race Horse (70 Fed., 598; 163 U. S.j 501) c was decided along this same line. Race Horse, a member "State v. Cooney (Selkirk intervening) 80 N. W., 696 (Minn., 1899). & Selkirk v. Stevens, 75 N. W., 386 (Minn., 1898). c See also account of this case by Hon. W. A. Richards, governor of Wyoming, in Recreation, Vol. 12, pp. 443-447, 1900. INDIA* of tli«' Bannock tribe of Indians residing on the Fori Mall [ndian nation iii Idaho, killed 7 elk in October, L 895, on unoccupied lands of the United States in Uinta County, Wyo., aboul 20 milea southeast of Mount 1 Loback, and about 1 dies from the reservation, oontran to the pro> isions of the laws of W yoming, 1 1<- was arrested and imprisoned by John !I. Ward, sheriff of Uinta County. The United States attorney for that district secured a writ of habeas cor pus in behalf oi Race Horse from the circuit court of the I nited Stale- for tlic district. The contention was made that asthe United States had in L 868 made a treat} with the Bannock Indians, to which tribe Race Horse belonged, guaranteeing them the right t<> hunt upon the unoccupied lands of the United States "so long as game may be found thereon and so long as peace subsists among the whites and Indian- on the borders of the hunting districts," the game law of Wyoming, in so far as it undertook to punish a member of this tribe, was void, because in contravention of the treaty, and that, therefore, the arrest and detention of Race Horse were unwarranted. The circuit court upheld this contention and discharged Race Horse, The case was appealed by Ward, the sheriff, to the Supreme Court of the United State-, which held, in a decision rendered in May. L896, that the treaty made by the United States with the Bannock Indians did not give them the right to hunt within the limits of the State of Wyoming in violation of its laws after the admission of Wyo- ming a- a State into the Union. In the act creating the Territory of Wyoming the rights of the Indians under treaty had been expressly reserved, hut not so in the act enabling Wyoming to come into the Union a- a State, and the court held that the obligations of the treaty were annulled by the admission of the State into the Union. In this case the Supreme Court virtually decided that in the absence of a treaty to that effect an Indian hunting off his reservation is subject to the State laws, even though hunting on unoccupied lands of the United States. Although the point was not directly raised and formed no part of the question involved in the decision, yet enough was -aid by the court to set at rest the contention sometimes urged that the game law of a State i> not operative upon unoccupied lands of the United States within that State, and the decision is authority against such a contention. From the foregoing considerations it may he said that generally Bpeaking the Mate has no jurisdiction in the case of a disregard of it- game laws by a tribal Indian on his reservation, hut that it has jurisdic- tion when is game Laws are violated by an Indian off bis reservati* n, or by any person other than an Indian on an Indian reservation. In view, however, of the peculiar relation- of the Federal Government to the Indian-, and the many treaties and acts of Congress in force, when- ever it is sought to enforce the game law- on Indian reservations the exact status of the reservation in question should be ascertained. 96 GAME COMMISSIONS AND WARDENS. Although the legal status of the Indian on or off the reservation has thus been materially elucidated by recent decisions of the courts, and State officers have been given authority to call sheriffs and peace officers to their assistance and to raise a posse when necessary, the practical difficulty of controlling Indians in some of the Western States still continues. When, as sometimes happens, bands of Indians leave their reservations on hunting trips into adjoining counties or States, the warden service is practically powerless to prevent their depreda- tions and frequently it becomes necessary to call out troops to return the Indians to their reservations. During the past ten years Indian depredations have been most frequent in Colorado. Minnesota, New Mexico, and Wyoming. In order to show the character of these depredations, mention may be made of some of the more important recent raids. Reference has already been made to the raid which occurred in Colorado in Rio Blanco County in 1902. (See p. 50.) Another notable incursion of the same kind was that of the White River Utes, who invaded the western part of Routt Count} 7 , Colo., on Little Snake River, in October, 1897. According to the report of the commission which was appointed to investigate this affair, nearly 200 Indians had left their reservation for a hunting trip in Colorado. At one point, where 27 Indians were encamped, 10 or 50 fresh deer hides and 2 fresh carcasses of deer were found by a party of 10 wardens and 2 unarmed citizens. The wardens endeavored unsuccessfully to induce the Indians to sub- mit to arrest or to leave the State. In the conflict which followed two Indians were killed and a squaw was wounded. a In Minnesota complications arose about 1897 or 1898 through Indians leaving their reservation and killing deer after the close of the season for sale to Indian traders. 6 In Montana in 1899 Crees and half-breeds from Canada engaged in the wholesale slaughter of deer along the Missouri River. These Indians have no reservation, and wander over the country gaining a living as best they can, and destroy large quantities of game.- More than once they have been rounded up by troops, taken to the border, and formally expelled from the United States, only to drift back across the line in a short time. They kill at any time of the year and use dogs to run game, in violation of law/ In New Mexico in 1905 a number of Indians from Isleta made a hunting trip to the Datil Mountains, in the western part of Socorro County. This incursion not only threatened the existence of the deer and antelope in that region, but, it was feared, would bring on serious trouble with the settlers. «D. C. Beaman in Forest and Stream, L, p. 27, Jan. 8, 1898. 1>S. F. Fullerton in Forest and Stream, LI, p. 509, Dec. 24. 1898; t' Forest and Stream, LIU, p. 501, Dec 23, 1899; LV, p. 421, Dec. 1, 1900. INDIAN RAH In Wyoming depredation*! bj Indians occurred in Natrona County in 1894 and in Uinta Count} in L895. The latter raid, made bj a band of Bannocks from the Fori Hull Reservation, was quelled by the troops and ultimately resulted in the celebrated case of Ward v, Race Horse, which was carried up to the Supreme Court in L896, and to which reference has already been made. (See p. 94 \. < me of the most serious raids winch has occurred in the State t<><>k place as late as L906 and required the calling out of troops before the Indian-* could be fOnl lolled. Regarding this raid the State warden Bays: About the most exasperating occurrence of the year connected with our game interests was the invasion of < in* State by bands of [ndians from ( k>lorad< i or Utah — perating because we were utterly powerless to prevenl their lawless acts or to have them punished. These India >r Piutes were in such strength tliat all the wardens and peace officers of the State (if they could have acted in concert) w«.ui,l have been absolutely unable to control them, [ndeed, I am positively certain that the total militia strength of the State could not have arrested these Indians, and any attempt by an inferior force would have resulted in a conflict and consequent bloodshed. From the time they entered the state until they were removed, these Indians violated our game laws with impunity, killing every live wild thing thai came their way. Hundreds of Bage hens, -core- of antelope, and many deer were slaughtered. The Indians were well armed and apparently fully conscious of their ability to laugh at local officers. At a personal conference with the governor in August concerning the act- of these Indians. I was advised not to act in such manner as to precipitate a conflict that might result in the loss of score- of lives. From information furnished by reputable ranchmen of the Whisky Gap section it appears that two bands of Indians passed through that country; the first, about number, claimed to be I'tes; the second, almost as numerous, called them- ■elves " Piutes," both hands giving White Rock Reservation as their starting place. Special Assistant Warden < ruy Signor, of I [alley, \\ ho made personal investigation, reports as follows: "On or about July 20 about 500 Indians (Utes) came to Har- per's ranch. They camped on Whisky Creek for live days, using Harper's fence for fuel. From this camp about 50 Indians made a circuit of the surrounding Country as far as Ferris Mountains, Sweetwater, and Sharp'- ranch, rounding up about fifty antelope. •• About the 4th of August another hand of 52 tepees, claiming to lie • Pirn through that country. These Indian- | the Piutes I were also painted and were armed with modern smokeless rifles. " * * Leaving the Whisky Gap and Splitrock country these Indian- went, by way of l>oiiL:la>, through Converse, Weston, and Crook counties, stripping the country of wild game wherever they traveled. In the latter part of August, Special Assistant David < >. Johnson, of Newcastle, complained to me that the Indians were killing ante- lope by the score in the Pumpkin Butte section, and that he was powerless to deal with the situation, suggesting that I appeal to the governor. Being without funds at that time, any attempt by this office to call out a posse I under section 2101, < Same Lau.-j strong enough to arrest the Indians would have been utterly farcical. Every pioneer in the West knows by experience that a mere show of authority has no effect upon a band of armed Indians, except to call forth contemptuous insult. Numbers and equipment must be Sufficient to overawe them, or a conflict is the inevitable result. * * * 98 GAME COMMISSIONS AND WARDENS. Fortunately the governor's requisition for Federal troops resulted in ridding the State of these Indians, who not only slaughtered our wild game but were a very serious menace to the lives and property of our citizens. (Ann. Rept. State Game Warden, Wyoming, 1908, pp. 17-19.) ALIENS. In concluding this discussion of game law enforcement it seems desirable to call attention to a problem which already has assumed alarming proportion-. In the last few years our game laws have been defied by a certain lawless element of unnaturalized foreigners who. in some of the more northern States, persistently and willfully violate them by hunting in close season, and especially by killing nongame birds, which are pro- tected at all times. These people appear to assume that the United State- is a country where unrestrained license should exist, if it does not. and defy officers of the law and disregard the rights of property. They roam the woods and fields with guns, paying no attention what- ever to signs forbidding trespass, and frequently either insult or assault landowners who protest against their illegal acts. As several usually hunt together, and are ready to assist each other to the last extremity, the warden who undertakes to execute the laws often finds the task difficult and even hazardous. In several instances wardens and constables have been fatally shot or stabbed when attempting an arrest. Four wardens were killed and several others seriously injured by aliens in Pennsylvania during 1906. Railroads in certain sections of the country employ foreigners as laborers on their roadbeds, and camps are established along the right of way. On off days, especially Sundays, these laborers scour the surrounding country in pursuit of any and all kinds of birds. Fines assessed against them are paid with remarkable readiness, even when the amount is large, for the reason that several form a pool, and out of the sum thus obtained pay any line imposed upon one of their number. One of the most important cases of this kind occurred recently in Iowa, where 113 Italian laborers were arrested July 11. 19<>7. near Rock Rapids, charged with violating the game law. Eighteen of them plead guilty, and the total fines exceeded 8500. The details were as follows: Deputy Game Wardens A. M. Green and H. H. Yordy, with Sheriff Wheatly and 20 special deputy sheriffs, reached Rock Rapids on the Great Northern at 1 o'clock this morning [July 12] with 113 Italian laborers, together with IS shotguns, traps. dead game, and other evidences of hunting. All of the defendants were arraigned in Justice George Monloux's court at 9 o'clock. and agreed to deliver up the ones guilty of violating the game law if the officers would withdraw the charges against those they claimed were innocent. Eighteen were then accused by their fellow-prisoners ami pleaded guilty to 25 counts, and were assessed a fine of S29.b0 each. This they paid and were discharged. a a Am. Field, LXVIII, p. 51, July 207 1907. ALII K8. \ arious measures have been taken t<» meet the alien problem. Some States have printed their game laws in foreign languages and p< thriii iii conspicuous place-. Others have instructed their wardens to explain them to foreigners. The game commissions of several States have recommended drastic legislation. New York now prohibits the possession or carrying of firearms by alien- in anj public place. Alabama, Florida, Louisiana, Maine. Pennsylvania, South Carolina, Texas, Utah, and Wyoming require aliens, or unnaturalized foreign- born residents, to pa j the same fee for a hunting license that Is exa of a nonresident. Massachusetts has established a special f t" (15 for unnaturalized foreign-born residents who desire to hunt, while nonresident aliens are excluded from the privilege altogether; Con necticnt requires an alien license of $15, while the fee for the ordinary nonresident license is onlj $10; California an alien license of $25 and nonresident license of $10. Washington requires an alien t<> pay $50. The problem is so recent that it is perhaps too soon t<> look for it- final solution, but doubtless the earnest efforts being made to solve it will show definite results before long, and such lawless practices will l>«* checked, if not entirely suppressed. 135&— No. 28— <»7 8 PART II.— SUMMARIES OF THE PROVISIONS RELATING TO ENFORCEMENT. The second part of this bulletin is an epitome of the more important provisions of the game laws relating to enforcement. Except in a few cases, the subject-matter is grouped under four main headings: (1) Officials. (2) other officers. (3) game protection fund, and (4) admin- istrative provisions, each of these headings being given the same number under each State to facilitate comparison. Miscellaneous and special provisions are incorporated under, or interpolated between, the main paragraphs. Effort has been made to condense statements into the briefest possible form, but the full text of the law containing the provisions can readily be consulted on referring to Part III. ALABAMA. (1 ) Officers: State game and fish commissioner; office established February 19. 1907; term, four years; bond, $5,000; salary, $2,500 per annum; office clerk allowed at compensation of $2 per day while actually employed. Duties and powers. — To publish and distribute the game and fish laws in pamphlet form; to make a quadrennial report of the operations of his office to the governor; to enforce the game, bird, and fish laws; to issue permits for capture and transportation of birds for scientific and propagating purposes; to seize game and birds illegally taken, killed, possessed, or shipped; vested with power of sheriffs and constables to serve criminal process. County game and fish warden. — One for each county, appointed by commissioner; term, four years; bond, 3500; compensation, one-half fines collected in his county for infractions of game and fish laws; fees of a constable for similar services and S3 per day when acting upon special instructions; vested with same power as commissioner in enforcing game laws. (2) Other officers: Sheriffs, deputy sheriffs, marshals, constables, and other peace officers are ex officio game and fish wardens. (3) Game protection fund: All hunting, scientific collecting, and propagating license fees, and one-half fines, penalties, and forfeitures arising under the game laws constitute the State game fund. (4) Administrative provisions: Possession of artificial light while hunting is prima facie evidence of its use to hunt deer; violation as to each animal or bird is a separate offense, and two or more offenses may be charged in the same indictment, complaint, or affidavit; violation as to any number of animals or birds of the same kind may be charged in the same count and punished as a separate offense as to each, and proof as to part of a bird or animal is sufficient to sustain charge as to whole. Corporations may be arrested and constructively brought into court by reading the warrant to the president, secretary, or manager in the State, or any agent thereof in any county where action or indictment is pending; any fine imposed upon a corpora- tion may be collected by execution against its property. Licensees are required to 100 \l.\i: \m\ CALIFORNIA. 1 > • 1 their licenses with them; a false statement In pi >f is punishable b) fineol I ircuit judges and judges with* jurisdiction must give the game lawi In charge to the grand juries and inquiry into infractions thereof. I- secution must be begun within 60 days before a justice of the p< rithin one year when jurisdiction is in city, county, or circuit com ALASKA. Officers: Marshals, deputy marshals, collectors and deputy collectore of is, and officers of revenue cutters required toassisl in enforcing the game laws; als and deputy marshals may arrest, without warrant, persons found violating law ami may seise without warrant game, traps, nets, guns, boats, or other parapher- nalia used in violation of law: collectors ami deputy collectors of customs or any : appointed in writing by a marshal may seize, without warrant, said pn | and deliver it to a marshal. Prosecution must be begun within three years. ARIZONA. Officers: Fish and game commissioners; commission established 1887; com- of three members, one to serve as business agent; term, two year-: uo -alary. D ties a ■•',■ •-. -To report annually to the governor, with recommendations for ative action; to enforce the laws: to provide for distribution and protection of imported game and native birds; to p et prn ate grounds upon consent of the owners; ie hunting licenses. Authorized to appoint, without expense to the Territory, its, who shall be vested with the powers of sheriffs to make arrests. 2 Other officers: Peace officers required, under penalty $25 . t<> arrest viola- ( the game law ami to take them before any judicial officer competent to try the offense. Game protection fund: Nonresident license fees and fines for trespassing on ! lands to be paid to commissioners and used for enforcement of game laws. (4) Administrative provisions: Possession of game without evidence of law- ful taking prima facie evidence of trapping or snaring in violation of law; one-half of iines to be paid to person furnishing evidence, the other half to school fund. Commissioners and deputies have power to arrest, without warrant, any person in the act of violating the law . Prosecution must be begun within two years. ARKANSAS. Officers: Sheriff- and constables are e\ officio game wardens, and deputy sheriffs deputy game wardens. They are required, under penalty, to make arrests and prosecute violations of the game laws, and need not give bond for costs. 4 Administrative provisions: Justice of the peace, upon information of viola- tion of law. required to issue warrant directed to any peace officer commanding him to arrest the offender, who shall he tried at once. Officer failing to serve warrant guilty of nonfeasance in office, ami upon conviction Liable to fine of not less th. or more than $100 and forfeiture of office. Whole fine for violation of game laws paid to officer making arrest and securing conviction. Prosecution must be begun within one year. CALIFORNIA. (1) Officers: Board of fish commissioners; established April 2, 1870; jurisdiction extended to game in 1878; members serve during pleasure of governor; no compen- sation. 102 GAME COMMISSIONS AND WARDENS. Duties. — To supervise enforcement of la\\> for the protection of fish and game; to provide for distribution and protection of game birds imported for propagation; to report biennially to governor. Assistants. — Board may appoint necessary assistants, one of whom shall be chief deputy and receive such salary as maybe fixed by board. Assistants vested with powers of sheriffs and authorized to make arrests anywhere in State. County fish and game wardens, one for each county, appointed by county boards of supervisors; term two years; bond fixed by board; salary, $50 to $125 per month, according to population of county; allowance for expenses, $25 per month, both paid from county treasury. County wardens required to enforce game laws and county ordinances and vested with all the powers of peace officers to make arrests for violations. (3). Game protection fund: Hunting license fees and fines for violation of game laws constitute a fund in State treasury to be used for payment of expenses of prose- cutions and for protecting, restoring, and introducing game. (4) Evidence: Proof of possession of birds or animals which show no evidence of capture otherwise than by net, trap, or similar device is prima facie evidence of illegal taking or killing by holder; licensee refusing to exhibit his license to any officer authorized to enforce game laws or any peace officer is guilty of misdemeanor. Prosecution for felony (killing elk) must be begun within three years; for a mis- demeanor, one year. COLORADO. (1) Officers: State game and fish commissioner; office originally established in 1891, reorganized in 1899; term, two years; bond, §5,000; salary, $1,800 per annum with allowance for necessary traveling expenses not to exceed $600, and clerk at salary of $1,000 per annum. i Duties and powers. — To publish the game and fish laws and regulations biennially for general distribution, at an expense not to exceed $300; to prescribe rules and regulations necessary to carry out the purpose of the law and to prepare the forms necessary for such purpose; to cause prosecutions to be instituted and conducted. The commissioner has the pow r ers of sheriffs and constables throughout the State, and when necessary may call to his aid the sheriff of any county, with his posse, or may himself summon such posse without intervention of sheriff; he may bring civil action for damages or for possession of game illegally captured or in possession, and may procure writ of replevin without bond; with permission of governor he may take any game for purposes of propagation elsewhere in State; he must issue nonresi- dent licenses, and may issue resident licenses and permits to collect for scientific purposes in certain cases; may issue duplicates of lost permits, licenses, and certifi- cates; must report biennially to governor the transactions of his department and sum mit necessary recommendations; report to be published at a cost not exceeding $2005 Deputy State game and fish commissioner, appointed by commissioner, salary $1,500 per annum and allowance for necessary traveling expenses not to exceed $400. Chief game wardens, five in number, appointed by commissioner; bond, $1,000; salary, $900 per annum and allowance for necessary traveling expenses not to exceed $300; must devote entire time to duties of office; have same power as commissioner .to summon posse. Deputy game wardens, not more than ten at any one time, appointed by commis- sioner with approval of governor, for a limited time; bond, $1,000; compensation not exceeding $100 per month during actual employment. Special game wardens appointed by commissioner; have powers of deputy war- dens; bond, $1,000; receive no salary but are entitled to certain fees. Guides licensed by State fish and game commissioner have powers of deputy warden. COLORADO. L08 imissioner and all wardeni have jurisdiction throughout Bute, with pow( sheriff or constable; maj ae taken or held Illegally; may arrest, with or without war rani, any person believed to be guilty of violating the law, and with or without warrant may open, enter, and examine any place or package (dwelling home only under warrant | where they have reason t«» believe game illegall) taken or held is t<> be found, and may seize Buch game; in case of seizure ol game in transit thej have authority, upon payment <•! reasonable compensation, to tak< sion of and me any animal or vehicle employed for Buch transportation (except such as are used as public conveyances of passengers or mail for conveying game or prisoner; they [uired t<> arrest any person hunting without license when one is required, and may demand of anyone they believe t" have hunted within the year the produc- tion of and opportunity t<> copy bis license; the commissioner, or any warden it' directed by him, may bring against any person unlawfully wounding, killing -- in>_ r any game animal or bird a civil action in tin- name of the State for recov- ery of the value «>f such animal or bird according to schedule of minimum values prescribed in game act. _' Other officers: Sheriffs and constables required to enforce game laws; have same special power- t<> arrest, search, and seize as are conferred on deputygame wardens; have authority to demand production of hunting License, ami t<» bring civil action for recovery of value of game illegally killed, wounded, or possessed; and are entitled to same fees and perquisites as wardens. District attorneys are required to prosecute violations coming to their know ledge (when requested by commissioner or other officer, such prosecutions to be under supervision of commissioner). United States forest officers are vested by the State with all powers of deputy wardens. Game protection fund: All fees for licenses and permits issued by the com- missioner; entire proceeds from Bale of confiscated game if seized by commissioner or warden and one-half if by sheriff or constable; one-half fees for resident Licenses issued by county clerks; one-third of all tines and of amounts recovered in civil actions for unlawful capture or possession of game; and all moneys coming into the hands of the commissioner not otherwise disposed of to constitute a state game pro- tection fund. This fund to he used in payment of salaries and expenses of enforcing the law : if fund is insufficient the deficit must be paid from the genera] State fund. I Administrative provisions: Prosecutions may he commenced by indict- ment, information, or complaint, and district and county courts and justices of the have concurrent and original jurisdiction of all offenses against game laws except those relating to buffalo or the use of dynamite, explosives, or poisonous or Kupefying substances in killing fish. Justices of the peace and clerks of courts required to report results of all cases in their courts to commissioner within twenty days after determination thereof. Person instituting prosecution or suit entitle. 1 t^ one-third the line or recovery. Actions for damages and for possession of game Unlawfully wounded, killed, or possessed may he joined; civil action does not bar criminal prosecution or lawful seizure of game. Fines, penalties, and judgments can not he reduced, remitted, or suspended except a- expressly provided by law. Warrant of arrest may he served on corporations by reading to president, secretary, or manager in the State or any general or local agent in county where action is pend- ing, and thereafter the corporation is deemed in court and Bubject to its jurisdiction, and any tine imposed may be collected by execution againsl its property. Violation each animal or bird is a separate offense and two or more offenses may be charged in same complaint, indictment, or information, and violations to any num- ber of same kind may he charged in same count and punished as separate off' proof as to part of an animal or bird shall l>e sufficient to sustain charge as to whole. Perquisites.— Commissioner, wardens, and other officers instituting prosecution entitled to one-third of the tines and one-third of any sum recovered in a civil suit instituted by them on account of game illegally wounded, killed, or possessed; when 104 GAME COMMISSIONS AND WARDENS. arrests are made by commissioner or wardens they are entitled, in ease of convic- tion, to the fees of constables in cases of misdemeanor, but such fees are paid only when collected from defendant. Officer seizing and selling game is entitled to mileage and $3 per day for time consumed, to be paid from proceeds of sale. Evidence. — Possession of game unaccompanied by proper license, permit, invoice, or certificate prima facie evidence of unlawful taking and possession, and person in possession of game shall produce such license, permit, invoice, or certificate upon demand of any officer and permit him to copy it; naming game upon menu as food for patrons of any hotel, restaurant, cafe, or boarding house prima facie evidence of pos- session of same by proprietor; possession of game in the field prima facie evidence that possessor has hunted said game within the year. The pamphlet of game laws, rules, and regulations issued by the commissioner shall be accepted as prima facie evidence of the existence of such law, rules, and regulations in every court in the State. When requested by officer instituting prosecution any participant in violation of the law may testify against any other person charged, and his evidence shall not be used against him in any prosecution. Attempts to violate the law are punishable to same extent as actual violations; accessories are punishable as principals; persons fined shall be imprisoned until fines and costs are paid or until they have served one day for each $5 thereof. Confis- cated game shall be sold unless cost of sale would exceed the proceeds, in which case it shall be donated to some needy person. Prosecution for felony must be begun within three years; for misdemeanor and civil action for recovery of fine, one year and six months. CONNECTICUT. (1) Officers: Commission of fisheries and game; established as commission on fisheries 1867, present commission established April 30, 1895; composed of three members; term two years; compensation of commissioners, $3 a day while actually serving, expenses; §200 per annum for the commission for clerical aid. Duties and powers. — To introduce, propagate, and distribute food fish and game, and enforce game laws. May authorize county fish and game warden to investigate violations of game laws in his county, expenses of such investigation not to exceed $15, payable from State treasury. Each commissioner vested with powers of a grand juror or prosecuting officer for prosecuting violations; commission required to report to governor biennially. County fah and game wardens. — One for each county, appointed by the commis- sioners for two years; may deputize any person to assist in detection and arrest of offenders. Special fisli and game protectors. — Xot less than 10 nor more than 20 for each county, appointed by county warden, holding office at his pleasure; have powers of other officers to arrest. Wardens, their deputies, and protectors must take oath of office; may search with- out warrant any place or receptacle supposed to be used for keeping or convey- ing game illegally taken or possessed; may arrest without warrant any persoi violating the game laws; entitled to fee of $20 to be taxed against defendant, costs, in case of every conviction where arrest is made by them. Owner or occupant of land may arrest any person hunting, fishing, or trespassing thereon. (3) Game protection fund: All money received from resident, nonresident, anc alien hunting licenses to be paid into the State treasury and set apart for the pre tection and propagation of game. (4) Administrative provisions: Reception of game for shipment in unmarkec package or addressed to a point out of the State prima facie evidence that same w; killed for purpose of exporting; possession of gun or trap in any State game preserv I l I FLORIDA. 1 05 presumptive evidence oi violation ol law; the taking of each rabbit iritl rate offense; oiir-lmlf tin- tint- for trespass upon . ( ,i,| t,, informer. Justices of the peace have jurisdiction <»i game cases w Inn- tim • "i or imprisonment 90 da] - cution must •'«' begun \\ ithin "in DELAWARE. Officers: Delaware Game Protective Association, incorporated by public act in 1879 for twenty years, charter extended in t899; has authority t«. promulgate . ations for protection and preservation of game. Every member authorized to arrest without warrant any person found violating game laws ami to bring Buch persons before a magistrate for trial. Game protection fund: Nonresident license fees used topayexpei ition and for stocking State with fish and game. Fines and shipping license fees paid I ition tor use in enforcing law. Fines for violation of nongame- bird law paid to Delaware Audubon Society. Administrative provisions: Affidavit of violation of law is -round for issue «>f warrant of arrest directed to a sheriff or constable; proof of probable cam believing that game taken or held contrary to law ha- been concealed i- -round for ■ ■!' warrant to Bearch any place and to break open any compartment, chest, box. locker, crate, or basket; possession of will fowl, together with a punt or Bwivel gun or while possessor is on the water at night with artificial light, prima facie evidence of violation of law; failure to pay tine for hunting upon land of another without per- mission renders offender liable to forfeil his gun, which may be sold at the expira- tion of 30 days and proceeds applied to payment of tine, the balance, if any, to be returned to owner. Such fines are paid into State treasury. J die peace have plenary jurisdiction of offenses against the game laws. Prosecution must be begun within two year-. DISTRICT OF COLUMBIA. (1) Officers: Superintendent of Metropolitan police acts as game warden. No salary as such. i' Game protection fund: Annual appropriation, S")00. '■'> Other officers : Health officers are empowered to enforce the game laws. Administrative provisions : Any of the above officers may search any house, boat, market, box, cold Storage, or other place, upon sworn information that game is concealed in violation of law; officer or any other person securing com iction entitled to one-half of fine. FLORIDA. Officers: One fish and game warden for each county;" recommended by county commissioners upon petition of seventy-five freeholders, and appointed by governor; term, two years ; bond, $500; salary not to exceed (60a month, payable from county treasury; also entitled to one-half line when they make affidavit or fur- nish evidence on which conviction is based. Duties and powers. — To supervise enforcement of game and fish laws ha their coun- ties and to make complaint against offenders; have power to arrest, take before a magistrate, and subject to trial any person violating the game Laws. lies. — As many as necessary, appointed by county warden. (2) Other Officers: In counties having no warden the sheriff is required to perform the duties; sheriffs enforce game laws as they do other criminal statu - ' - "For laws permitting additional warden- in Hernando, Hillsborough, Lafayette, and Polk counties see p. 157. 106 GAME COMMISSIONS AND WARDENS. (3) Game protection fund : Fees from nonresident hunting licenses constitute a fund in county treasury for use of commissioners in paying salary of warden. (4) Administrative provisions: Magistrate before whom offender is brought may order seizure of implements used in violating game law. Informers entitled to one-third of fines. Prosecution must be begun within two years. GEORGIA. (1) Officers: County game wardens; appointed by judge of the superior court upon petition of fifty freeholders; term two years. Deputy wardens. — One for each militia district in the county, appointed by county warden, for two years and charged with enforcement of game and nongame bird laws; may arrest all persons found in act of violating game and bird laws and exer- cise same ministerial powers as sheriffs in arrest of persons charged with violating law. Compensation. — Costs and fees to which sheriffs are entitled for similar services and one-half of all fines collected when they are instrumental in securing convictions. Xongame-bird wardens. — One or more for each county, appointed by judge of supe- rior court, with powers of sheriff to make arrests. Compensation. — One-half of all fines collected, the other half paid to school fund of county. (4) Administrative provisions: Judges of superior courts required to give the game and nongame bird laws in charge to grand juries at each regular term of said court. Prosecution must be begun within two years. IDAHO. (1) Officers: State fish and game warden; office established March 13, 1899; term two years; bond, 85,000; salary, 81,800 per annum; allowance of SI, 000 per annum for traveling expenses and 81,000 per annum for salary of a clerk, who has charge of the office, under bond of 83,000. Duties and powers. — To supervise in person the protection of game and fish and enforce the laws relating thereto; to be an active executive officer and take the field in person whenever possible; to report quarterly to the governor, and biennially to the governor and legislature, and to issue hunting licenses. Deputies. — One chief and two assistant deputies; bond, S3,000; salary of chief deputy, 81,200; of assistants, 81,000 per annum; traveling expenses, 8600 perannum; county deputies, one or more for any county, appointed by the State warden on request of ten or more resident taxpayers; bond, ScOO; compensation, 83 per day, not exceed- ing 150 days of actual employment each year; expenses allowed to each warden when performing duties outside his district. The State warden and deputies required to enforce the law, and inspect depots, cars, hotels, and other places where they have reason to believe game is held for storage, sale, or shipment; authorized to search tents, packs, wagons, and camps, with or without warrant, where they have reason to believe game illegally taken is to be found; to seize game held in possession during the close season; to arrest, with or without warrant, any person found violating the law and take him forthwith before a justice, probate, or municipal judge having jurisdiction for immediate trial. (2) Other officers: Sheriffs, deputy sheriffs, constables, city marshals, and police officers are ex officio game and fish wardens, with all the powers of wardens, and are required to enforce the game law in their respective jurisdictions. County attorneys required to prosecute all cases in their respective jurisdictions. IDAHO hi IN0I8. L07 Game prutiTtum tuiul : I i.cii-e fee- ;in. I line- constitute .1 1 li-li 1 » J 1 1 • 1 in the Btate t reasur) . i Ailminist rat \v provisions: Licensee required to exhibil license when •c(l by \\ :it • ltn . ration must be Ite^tm w ithin one ILLINOIS. Officers: State game commissioner; office established in 1899; term daring incumbency of the governor making appointment; -alai\ $2,500 per annum; allow- ance of actual and traveling expenses and authorit} to engage uol to ed ten office empl< >) /< - - I i enforce the law; to bring and cause to be brought actions and proceedings for violations; to report annually to the governor. Sixteen in number, appointed by the commissioner with the approval of the governor; -alary $900 per annum and expenses; entitled to one-half of the proceeds of sale of confiscated game when they file complaint; jurisdiction throughout the State. /' puty game wardens. — Not to exceed three for each county, appointed by the commissioner; compensation not exceeding $2 per day of actual employment, acces- sary traveling expenses, and one-half of all fines when they file complaints; jurisdic- tion throughout the State. ial deputy game ward* i. A- many as necessary, appointed by commissioner; compensation one-half fines when they file complaints. Commissioner and all wardens have full authority to serve and execute all war- and processes of law issued by any court in the enforcement of the game law In the same manner as constables; may arrest on sight and without warrant persons detected by them actually violating the law and may take such persons before any competent court and make complaint, which court shall proceed with the case in the same manner as in misdemeanor cases; must cause an investigation of all viola- tions coming to their notice and cause proceedings to be instituted it the proof war- rants such action; must seize on Bight, without process, game found in possession of any person or corporation contrary to law. Not Liable for damages through wrong- ul seizure of game. - Other officers: Sheriffs, deputy sheriff-, coroners, and police officers are ex officio deputy game wardens and are required to enforce the .name law; States' attorneys must supervise enforcement in their counties and prosecute all offenders On receipt of information of violation-. Game protection fund: License fees, one-half of all sums recovered in any penal action and of tines imposed when deputy warden tiles complaint, also one-half of proceeds of sale of confiscated game constitute a state game protection fund. 4 Administrative provisions: Any person may institute a prosecution in the name of the [people of the State of Illinois before any justice of the peace or any court of competent jurisdiction: any person filing complaint in a penal action or instituting prosecution is entitled to one-half of the recovery; affidavil before justice of the peace by the commissioner or any warden that game is in possession of any •person or corporation contrary to law is ground for issuance of a search warrant Directed to any constable of the county, commanding him to search for such game and when found 1o seize and keep it .-uhject to order of the justice. For further lure see p. L63, sees. 19-22. I Seized game to be sold; licensee while hunting must have license with him ready to exhibit; action of debt lies for recovery of fine lor violation of license provisions; alteration of License declared to be forgery and punishable as such; violators of trespass section of the law may be prosecuted before any justice of the peace or by indictment or information in any court in the county. 108 GAME COMMISSIONS AXD WARDENS. and owners or persons in possession of the premises are not required to prove title to the premises; the purchase, sale, exposure for sale, possession for sale, or convey- ance contrary to law, of each animal or bird is a separate offense; sale, exposure for sale, or possession for sale of game during close season, except five days after close of open season, is prima facie evidence of violation of law; possession of game by transportation company in close season, even in course of transit through the State from another State, is prima facie evidence that it was killed or trapped contrary to law. Prosecution must be begun within six months. INDIANA. (1) Officers: Commissioner of fisheries and game; office established February 13, 1899; term four years; bond $2,000; salary 81,200 per annum; expenses $1,200 per annum, payable from the general treasury. Powers and duties. — Required to investigate methods of preserving and propagating useful game and song birds; to introduce valuable game birds; to report results of investigations to general assembly biennially. Invested with all the powers of road supervisors and township trustees in enforcement of game laws; authorized to have his appearance entered with any prosecuting attorney when he brings action for violation of law. and to assist, personally or by deputy, in the prosecution. Deputy game wardens. — Appointed by commissioner; compensation allowed by commissioner, to be paid out of fish and game protection fund, but not to exceed $60 per month, except in case of chief deputy. Commissioner and wardens are peace officers for purpose of enforcing the game and fish laws and may arrest, without warrant or process, persons violating or attempting to violate such laws. (2) Other officers: Road supervisors required under penalty to enforce game laws or have them enforced. (3) Game protection fund: Resident and nonresident license fees and S20 taxed as costs in each case, where commissioner or warden brings action, are paid into State treasury to credit of fish and game fund to be used in paying expenses and rewards for enforcement of fish and game laws. (4) Administrative provisions: Same as in other criminal cases. Prosecution must be begun within two years; in case of hunting on Sunday within six months. IOWA. (1) Officers: State fish and game warden; office established October 1, 1897; term three years: salary $1,200 per annum, paid from State treasury. Duties. — To enforce the game and fish laws and to report biennially to the governor. Deputy game wardens. — Appointed by State warden, receive no regular salary, but are allowed reasonable compensation paid from game protection fund by supervisors of county, and, if informant, $5 extra, taxed as costs and collected from defendant. (County not liable for such fee. ) State warden and deputies required to seize, with- out warrant, fish and game taken or possessed unlawfully, and authorized to seize and destroy, without warrant, devices used for taking game without being liable for such action. (2) Other officers: Sheriffs, constables, police officers, peace officers, and county attorneys required to see that the laws are enforced; sheriffs, constables, and police officers have same powers and authority as deputy wardens. Attorney-general required to give his opinion on questions concerning the game laws, when requested by State warden. (3) Game protection fund: Nonresident license fees paid into county treasury to credit of game protection fund. h>\\ \ KENTUCKY. LUfl 1 Administrative provision*: \- person m.i\ institute | <' <•..■.. 1 1 1 enforce game law, prosecuting attorne) and informant each entitled I ndant Seized game t.> be iold ami proceeds oaed in paj in sure, the balance to be paid mi.. the school t'und: possession <»i lmhh- in «•!< »-•• prima facie evidence of onlawful capture; proof of probable cause for believ- ing in concealment of game unlaw fnllv possessed ^nniinl for issuan h warrant I .iniinc any ('la gecution most be begun within thn KANSAS. (1) Officers: State fish and game warden; office established in 1906; term, four ..! \ . $1,500 per annum. Duties. Enforcement game and t i > h law-, including inspection at reasonable times of all places where meat, fish, and game are kept for sale, shipment, or storage for pay. Uy fish '///'/ game wardens. — One or more for each county, appointed by State warden upon request of ten or more resident taxpayers; removable by State warden at any time; entitled to Bame mileage as constables, and to receive $10, collected as - from defendant, in cases of conviction when arrest made by them. State warden and deputies invested with power of constables or police officers to arrest, without warrant, persons caught in act of violating the law, and with a warrant under other circumstances, and to bring the offenders before a proper court for trial; may demand production of a hunting license by holder. 2 Other officers: Constables, marshals, and police officers required to inquire into and prosecute all violations of game laws, and to make complaint in such without being liable for cost.-; may demand production of hunting license by holder; neglect to prosecute renders them guilty of misdemeanor. If county attorney fails to prosecute any case the court may appoint an attorney to conduct it. who shall receive fee of $10, to be collected from the defendant upon conviction. Game protection fund: License fees paid into State treasury to credit of tin- State game and fish warden fund. Administrative provisions: Unnecessary for State in any prosecution to allege or prove the true or ornithological name of any bird, or that such bird was not taken for scientific purposes; possession of game, except by person Lawfully killing it. or of Hungarian partridge, or Mongolian or Chinese pheasants, except for propagation, prima facie evidence of violation of law; violation as to each animal or bird a separate offense; $25 reward to be paidanyperson furnishing evidence Leading to conviction for killing antelope. Prosecution must be begun within two years. KENTUCKY. (1) Officers: County fish and game wardens, one or more for each county; ap- pointed by the county judge to serve dining his pleasure under bond approved by him; compensation, residue of all fines, in cases prosecuted by them, after payment Of COSta and expense- to other public officers, and usual >heriff s ii-r< for serving and executing pn »< Duties and "powers. — Required to enforce all laws for protection of fish, game, and birds. Authorized to execute and serve all warrants issued in any case under the game laws, with powers of sheriffs; to arrest, without warrant, any person d< I in the act of violating the law; to require aid in the execution of any process or in ■nesting, without warrant, any person found in act of violating the law; to - without warrant, game in the possession of any person found in act of violating the law and to confiscate such game and destroy the guns or other implements with 110 GAME COMMISSIONS AND WARDENS. which it was taken or killed, and to convey forthwith such person before a magis- trate having jurisdiction and file complaint against him. 2 Other officers: Mayors of cities and towns required to have their policemen and constables search for and arrest persons having game unlawfully in possession or offering it for sale in close season; Bame police duties required of market masters and clerk-. (4) Administrative provisions: Proof that the law has been violated by a non- resident,.or person whose name is unknown, ground for issuance of a warrant for arrest of such person; proof of probable cause for believing that game unlawfully taken has been concealed ground for issuance of a warrant to search any place and to arrest the person in whose possession said game is found: possession of game in close season prima facie evidence of illegal capture: unlawful killing, capture, pos- m. sale, or transportation of each animal or bird a separate offense, and two or more offenses may be joined in same warrant or indictment: game and guns or other implements with which game was killed or taken if found in possession of any person in act of violating law may be seized and confiscated or destroyed; offender to be taken forthwith for trial before a court having jurisdiction. Informers entitled to one-half of fines. Prosecution must be begun within one year. LOUISIANA. (1) Officers : Game wardens, one or more in each parish, appointed by the police jury. Powers* — To arrest without warrant any person found violating the law or hunting without license when one is required: to search without warrant any cold storage or refrigerating plant, car, vessel, vehicle, or package in which they may believe game birds are illegally kept, and to confiscate all game birds found in posse-sion of anyone during close season. Any warden or peace officer may arrest on sight any person hunting without license when one is required. (3) Game protection fund: Nonresident and unnaturalized foreign-born resident license fees and all fines for violations of game laws, less informer's half, are paid into the State treasury and constitute a State game protection fund. (4) Administrative provisions : Licensees required to exhibit license to warden or other officer upon request. Prosecution must be begun within one year from notification to a public officer empowered to direct a public prosecution ; six months where the punishment is a fine or forfeiture. MAINE. (1) Officers: Commissioners of inland fisheries and game; commission established in 1886; composed of three members — one. the chairman, who serves for three yeafB, at a salary of $2,000 per annum; one, who serves for three years at a salary of $1,000, and one, the land agent, who serves as long as he is land agent, at a salary of $2,000 per annum. Duties "//'/ powi rs. — To introduce and distribute valuable food fish and birds; to see that the laws are enforced, to issue all licenses, and to report to the governor annually in December. Authorized to shorten or abolish, for periods of not more than four years, any season for taking game or fish; to adopt rules and regulations necessary for carrying the law into effect; to grant permits for taking big game and birds for park purposes in the State: to take game for propagation or scientific purposes: to adjust and pay from funds derived from nonresident license fees claims for damage done crops by deer; vested with all powers of fish and game wardens in enforcing the law. M \ I \ I . Ill /' Appointed by the governor, upon recommendation ol the commissioner**, fortl required to enforce the lawn and n lions for the protection of game and fish throughout the State; required i violator- and prosecute them ; vested with powers of sheriffs to serve proc< I entitled to same fees therefor; authorized to require aid in executing their dutii e and fish unlawfully taken or [lossessed and HrearniH of aliens hunting without license; to arrest, without warrant, persona believed to be guilt) of violating the law, and to search and examine, without warrant, camps, wagons, ca tents, pack-, -ton-, warehouses, and other plan-, except dwelling houses and - railroad cai - game i- supposed to be concealed. Appointed by the commissioners; have same powei game wardens and are charged with Bame duties. \ nresidents who enter upon w il«l lands of the state intending to camp or kindle fires while hunting, during certain months, must be in chai stered guides. Guides required to report to commissioners number of persons guided and ether information desired. 2 Other officers: sheriff.-, deputy sheriffs, constables, and police officers have aame powers and charged with same duties as wardens and receive same County attorneys are required to prosecute all violations coming to their know ■ Game protection fund: Nonresident and alien license fees, fines, and receipts bom sale of confiscated game and firearms of aliens, fees for licenses to guides, camp- keepers, taxidermists, hunter.-, trappers, niarketmen, and dealers in skins, and for shipping ti>h and game, paid into the State treasury to the credit of the commission- ers of inland fisheries and game for use in enforcing game and fish laws. Administrative provisions: All game killed, bought, transported, or had in ssion in violate >nof law must be seized, and in ease of conviction sold, but only for consumption in the state. Beized firearms of unlicensed aliens must be sold; cor- porations may be arrested by service of attested copy of warrant, upon return of which they are deemed constructively in court and fine imp' »sed may be collected by execu- tion; offender may obtain \>< «8essi< >n of his game which has been seized by giving bond in double the value of same; any officer authorized to enforce game laws may recover penalties l>y an action on the case in his own name or by complaint; municipal and police judges and trial justices have concurrent and original jurisdiction upon coin- plaint, with supreme judicial and superior courts in all prosecutions under the game law-: participants in violation of the game laws may be compelled to testify, but their testimony can not be used against them in any prosecution: possession of moose and deer by a transportation company in close season prima facie evidence of illegal killing; possession of jack-light in any camp or place of resort for hunters in the inland territory of state prima facie evidence that it is kepi for unlawful use, and such light may be seized by any officer. One-half of lines for destroying posters of the commissioners paid to inf< inner: judges of municipal and police courts and trial justices required to make returns to the commissioners of prosecutions before them for violation of the game law-; warrants to search dwelling houses in the daytime only, and any other places at any time may be issued by any magistrate; on «»r before October 1 of each year the commissioners are required to notify the superintendent of every transportation company in the State of the names of the wardens | restricted to four for anyone company) designated by them to exercise the right of search; aliens must exhibit their license upon demand of any officer qualified to enforce game laws; possession of firearms by aliens on wild lands or in w Isof the state without license prima facie evidence of hunting without License. Criminal prosecution mu-t be begun within -ix year-; action by an individual for recovery of a penalty within one year; and by the State within two years. 112 GAME COMMISSIONS AND WARDENS. MARYLAND. (1) Officers: Game warden; office established April 4, 1896; salary, 81,200 per annum and part of fines when prosecutions are instituted by him or his deputies; allowance of $600 per annum for expenses: term, two years. State fishery force may be required to assist game warden in enforcing game and fish laws upon application to the governor. Deputy game wardens appointed by the governor upon recommendation of the warden, either for particular locality or for whole State; paid such sum as the game warden may agree with them, from fines or otherwise; receive one-half of net proceeds of sale of game when they make complaint. Game warden and deputies required to enforce the game laws and to obtain infor- mation concerning all violations; have powers and authority of constables and of policemen in cities; may arrest, without warrant, persons suspected or known to be guilty of violating the law. (2) Other officers: State's attorneys and sheriffs required to advise and assist game warden and deputies when requested by them. (3) Game protection fund: Fines, after payment of costs, paid to game warden if prosecution is instituted by him or his deputies. (4) Administrative provisions: Informer receives one-half of fine, the other half paid to school fund; affidavit of game warden or deputy to unlawful pos- session of game, ground for search warrant directed to any constable, who shall search for game, seize it, and return the warrant within not less than twelve hours nor more than twenty-four; upon return of the warrant the justice shall hear and determine the case, and if the game is found to have been possessed in violation of law, order sale of same; immediately upon entry of judgment constable must post two notices of sale, and at time mentioned in notice shall sell to highest bidder, giv- ing certificate of sale; appeal from judgment may be taken bv defendant within two hours; 10 per cent of proceeds of sale paid to constable for services as auctioneer, and 50 per cent of net proceeds paid into school fund; wardens not liable to damages for wrongful seizure; possession of big or swivel gun prima facie evidence of intent to use it in violation of law, and presence at night with gun near place where shooting occurred prima facie evidence that possessor lias violated the law. Prosecution must be begun within one year. MASSACHUSETTS. (1) Officers: Board of commissioners on fisheries and game; composed of three members; organized in 1865; jurisdiction extended to game in 1886; term, five years. Duties. — To protect and propagate game and fish and to investigate questions relat- ing thereto; issue nonresident hunting licenses. Deputy commissioners appointed by commissioners. Powers. — G -mimissioners and deputy commissioners have power to arrest without warrant persons found violating game laws, and to search, with warrant, any boat, car, box, locker, crate, package, and any building, except dwelling house, for game taken or held in violation of law, and to seize such game. (2) Other officers: Members of district police and all officers qualified to serve criminal process have authority of commissioners and deputies in arresting violators and executing search warrants. (4) Administrative provisions: Possession of nongame birds prima facie evi- dence of unlawful capture and possession, and of deer, killed in the State, that pos- sessor has violated the law; setting trap on land frequented by game and possession of ferret in such place prima facie evidence of a violation of law; complaint under oath of the concealment of game unlawfully taken or held is ground for issue of MA8SACHU8ET] II .'< warrant; game unlawfully taken or held, found under a search warrant, thai I d; one-half of fines, penalties, and forfeitures to be ] omplainant and one-half to Commonwealth, but where .» depot} commissioner paid b) th< makes complaint the whole fine Is paid to the State; unnaturalized foreign-bon sons must exhibit their Licenses upon demand of anj commissioner 01 depot; den, or officer authorised to serve process, and nonresidenl licensees must produce their licensee t" any person <>n demand. Action must be begun within one year if by individual for recovery of a penalt) <»r aforfeiture, the whole or part of which inures to bis benefit; otherwise within two years. Criminal prosecution must be begun within six years. MICHIGAN. Officers: Btate game and fish warden; office established in March, 1887; term, tour years; bond, $5,000; salar} . $2,000 per annum; allowance for expenses necessarily incurred. Duties awl powers. — Required to enforce game laws; t<> bring and cause to be brought, and to prosecute and to cause to be prosecuted actions and proceeding violation of game laws; has powers of sheriff to serve criminal process and to require aid in executing it; may arrest, without warrant, any prison caught by him in act of violating law and take such person forthwith before a justice of the peace or mag- istrate having jurisdiction for trial; such arrests may be made on Sunday and the offender tried as soon asmay be <»n a week "lay; may make complaint and cause proceedings to be instituted without sanction of prosecuting attorney of the county and is not required t<» furnish security for costs; may appear in any case and prose- cute it in Bame manner and with same authority as prosecuting attorney: has | rch any person and examine any boat, conveyance, vehicle, game bag, coat, or other receptacle for game when he has g 1 reason to believe that he will secure evidence of violation of law; must seize game and birds taken, killed, possessed, or shipped contrary to law and may do so without warrant; issues export licenses. ' ■/ deputy. — Appointed by Mate warden; -alary, $1,500 per annum; allowed actual and necessary expenses; during absence or disability of State warden may execute duties of that office; must devote his entire time to duties of the office; must take constitutional oath. Deputy gaim wardens. — Not exceeding ten, appointed by state warden, compensa- tion $3 per day for time actually employed; have same power and authority as State warden. \ty game and fish wardens. — Not exceeding three for each county, appointed by Btate warden; compensation such as county supervisors provide, may be employed by individuals and clubs interested in enforcement of game laws within their respec- tive counties; have power- 1 >i the State warden, and are subject to his supervision and control. Audubon Society wardens. — Four in number, appointed by state warden upon recom- mendation of Michigan Audubon Society; have powers of deputy game warden-, but receive no compensation from State or county ; territory assigned by Audubon Society. Wardens not liable for damages on account of any search or seizure made in accord- ance with law. Game-protection fund: All fees from nonresident licensee and one-third of all fees from resident licenses, export and scientific permits paid into State treasury lor payment of salary and expenses of State warden and deputies. Twenty-live cents from every resident license fee paid into county treasury for use of county supervisors in payment of deputy and county wardens, sheriffs, and constables for services connected with enforcement ot game laws. (4) Administrative provisions: Prool of probable cause for believing in con- cealment of game or birds killed, taken, possessed, had under control, or shipped 114 GAME COMMISSIONS AND WARDENS. contrary to law, ia ground for issuance of warrant to search any place, and to cause any building, enclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and contents examined by warden; all persons violating law whether as principal, agent, servant, or employe equally liable with principal; any person liable for violation by his agent, servant, or employe done under his direction or with his knowledge; game, birds, and apparatus seized disposed of as court before whom the offense is tried, or any court of competent jur- isdiction may direct; violation as to each bird or animal a separate offense. Dogs pursuing or following upon track of deer declared a public nuisance, and may be killed by any person. Proof of possession of dead body, or part thereof of any game or birds in close season prima facie evidence of illegal killing, also that it was taken or killed in Michigan, to disprove which defendant must show by testimony of party who actually killed or caught it that it was taken in another State, and when- ever it is shown that such game was so killed or caught, it is prima facie evidence that it was killed or caught in violation of the laws of that State; interfering with wardens in their search for evidence of violations prima facie evidence that the per- son so doing has violated the law; possession of deer in red or spotted coat prima facie evidence of violation of law; wearing or possessing an artificial light in the woods prima facie evidence of violation of law; any person shown to have had pos- session of game or birds in close season must establish lawful possession thereof, and State is not required to aver or prove that it was not for purposes authorized by law. Prosecution must be begun within one year for violations of sections 5804-5809 of Compiled Laws of 1897 [relating to export of game and its possession when taken unlawfully in another State], otherwise within six years. MINNESOTA. (1) Officers: Board of game and fish commissioners; established in April, 1891; composed of five members; term four years; members serve without compensation, but are allowed their necessary expenses. Duties and poicers. — Required to enforce game and fish laws; propagate useful game; collect and disseminate statistics and information germane to purposes of game laws; seize and dispose of all game and fish taken, killed, transported or possessed con- trary to law, and all implements unlawfully used; issue nonresident licenses; report to the governor biennially. They may employ such assistants and game wardens as may be necessary to carry out the law, and may fix their term of service and com- pensation; may secure specimens of game for exchange with commissioners of other States; may offer and pay rewards for information leading to arrest and conviction of offenders for violation of game laws, as follows — S50 for moose and caribou ; 825 for deer, and $10 for game birds. Executive agent. — Appointed by commission from its members; must devote his entire time to duties of the office and exercise all rights and powers of commission when it is not in session; bond, S5,000; salary not to exceed 82,500. Wardens. — Such number and at such compensation as commission may deter- mine; bond, S500. Attorney. — Commissioners may employ an attorney or attorneys to appear for them in all civil actions in which they or their wardens may be officially interested; to perform such services as they may require; to asssist county attorneys in criminal prosecutions and when they do not prosecute, to conduct such prosecution in name of the State, with all the authority of such county attorney; compensation fixed by the board and paid from its funds. Commissioners, executive agent, and wardens have full power and authority to serve and execute all warrants and processes of law issued by any court in enforcing the game laws in same manner as sheriffs and constables; to arrest without warrant persons found in act of violating the law; may call to their aid any sheriff, constable, MINNESOTA \l I88ISSIPPI. 1 1 5 r an) other pei-..n w h. n in any place commonly used f< »i ind fish; to seize game illegall) taken, kilUnl, >-hipiM«l, <>r | < -at. . an- 1 destroy , without wan am, all illegal contrivances for taking or killing % Other officers: Sheriffs, constables, and other peace officer* an- required to me laws and have the powers and art' charged with same dul rdens, • in the ins|>eetion of hotels, restaurants, and storage rooms. < kmnty attorney* required to enforce the law -. Qaxne protection fund: Appropriation, (36,000 per annum; license fees and ail moneys collected by commission from whatever source, except fines (which are to the county . paid int.. state treasury and credited t<> game and fish fund, to I in enforcement of the game and fish law-. Administrative provisions: Agent or employe o! another, or one acting through or by an agent or em ploye", not exempt from punishment; common carrier • aiding or abetting in illegal shipment of game guilty of misdemeanor; attempt t<> violate law a misdemeanor; " p< eeession '* includes actual or constructive violating police regulations; to Beize game, fish, and appliances found in — ion of such offender- and convey such offenders before the proper justice of the peace, mayor, or police justice. Forest and game protective fund: All 1, at of tines (other 50 per cent paid to informer) collected under game laws constitute a county 3t and game protective fund,' to be used by hoards of supervisors in paying wardens and deputies. 4 Administrative provisions: Game taken contrary to law or regulations of boards of supervisors, and guns, dogs, traps, and appliances used in taking game unlawfully to be forfeited: court adjudging such forfeiture to allow prosecutor nable compensation from proceeds; disposition of forfeited hunting parapher- l: ;-s_ \,,. 2S— 07 9 i, 116 GAME COMMISSIONS AND WARDENS. nalia may be determined by board of supervisors; in case of delayed hearing of offender, magistrate may cause seized game to be disposed of before hearing, proceeds being held to abide result; breach of any regulation, order, or resolution of board of supervisors a misdemeanor and violation of police order renders game taken and appliances used subject to forfeiture. Prosecution must be begun within two years. MISSOURI. « (1) Officers: State game and fish warden; office established in 1895; reorganized in 1905; term, two years; salary. $2,000 per annum, with allowance of $2,000 per annum for traveling expenses. Duties and powers. — Required to supervise enforcement of game and fish laws; to direct prosecutions by county wardens when circumstances justify; authorized to make complaint and cause proceedings to be instituted against offenders. (2) Other officers. — Sheriff of each county is ex officio game and fish warden for his county, and his deputies and all constables and justices of the peace are deputy- wardens ; compensation, same fees and costs allowed in other criminal prosecutions; wardens may make complaint and cause proceedings to be commenced against offender. (4) Administrative provisions: Licensees required to exhibit their license to county wardens or deputies; wardens not required to furnish security for costs; wearing or having artificial light on the head prima facie evidence of hunting deer therewith contrary to law; game transported unlawfully must be confiscated and delivered to charitable institutions. Prosecution must be begun within one year. MONTANA. (1) Officers: State game and fish warden; office established March 18, 1901; term four years; bond, S3, 000; salary, 82,400 per annum, and allowance of 82,000 per annum for expenses and 81,200 per annum for salary of office clerk. Duties and powers. — Required to examine into violations of game laws and institute prosecutions; to issue hunting licenses; to report semiannually to the governor; has power of sheriff for arresting and prosecuting; supervises deputy and special deputy game and fish wardens; State warden is also State fire warden and ex officio mem- ber of board of fish commissioners. Special deputies. — Not less than five nor more than twelve, appointed by the State fish and game warden for four years; bond, Si, 000; salary, $1,500 per annum; $300 per annum for expenses, and same fees for services as allowed sheriff or constable; required to examine into violations, institute prosecutions, and report to the State warden monthly; vested with powers of sheriffs to arrest and prosecute throughout the State; when rendering services outside of his district a warden is entitled to his actual and necessary expenses. Deputies. — Appointed by the State warden and vested with same powers as special deputy wardens. All wardens have authority to arrest, without warrant, any nonresident found in the fields or forests or upon the waters of the State with a gun if he has not a license; to search any person, boat, conveyance, vehicle, fish box or basket, game bag or coat, or any other receptacle for evidence of violation of law, and to seize | and may do so without warrant) game unlawfully killed, taken, shipped, or possessed: ' By repeal of act of March 10, D>05. the State game protection fund was abolished, and there is now no provision for deputy or county wardens except sheriffs and other peace officers. MONTANA m r.i; 18KA. 117 may prosecute without giving securitj for costs, and nm\ i •■« jui r »• i j .r-«.n in | .. ,--«•- rion of a license to identify himself. •j) Other ofifl are required to qualify as such ) required to take oath of office ai deputy game wardens and i" reporl to State warden at expira- tion of time for which employed; sheriffs, deputy sheriffs, and peace officers have powers -•!' deputy game wardens, except in seizure without warrant officers, and county attorneys must prosecute violators when informed of violation v, and fail un- i" .1" bo renders them liable to fine and imprisonment; be and peace officers may arrest without warrant any nonresident found with gun in fields <>r forests or on streams without license. Game protection fund : \ll fines, license fees, and other money collected under game laws to be paid into State treasury t<» credit of fish and game fund for payment of salaries and expenses of game and fish department Proceeds from sale of firearms of Indians hunting outside their reservations (when Beized by warden ►, to be paid into same fund. Administrative provisions : Proof of probable cause tor believing game un- lawfully shipped or | — eased ha- been concealed is g round for issue of search war- rant by any court having jurisdiction of offense, duo. ted to any warden, sheriff, deputy sheriff, or constable to search any place, building, apartment, inclosure, or car, and to cause any chest, box, locker, crate, basket, or package t<» 1m- broken open and con t t-nt< examined ; possession of dead body <>r part thereof of game prima facie evidence of killing on part oi possessor, and of gun in Held or forest or upon water- of the State by a nonresident who has not a license prima facie evidence of violation <>f law; game seized to he sold for highest price, purchaser to receive tificate of sal.-, and if person possessing seized game is convicted proceeds to i, ( - paid into game fund, otherwise to defendant ; no liability incurred by officers for seizure and sale: wardens required to seize and sell firearms of Indians hunting outside an Indian reservation; judges of district courts required to call attention of grand juries to game law-; grand juries required to investigate all violations and if evidence warrants to indict : lines, bonds, and penalties may be collected by civil action in name of State. adition. — If in any trial for a felony it is shown that defendant has violated the game law of another State the court shall hold him for ten days or time : sary to allow such State to extradite him, and county attorney shall immediately notify proper officers of such State of the facts. Prosecution for misdemeanors must be begun within one year; for felonies within five years ; civil actions within two years. NEBRASKA. Officers: Game and fish commissioner; office established .Inly 1, 1901; gov- ernor to he commissioner; term two years. Duties and powers. — Required to protect, propagate, and breed valuable fish and jgame, smu.' and insectivorous birds; to collect and distribute useful information con- cerning their protection and propagation; to publish and enforce the laws; to pre- scribe necessary rules, regulations, and forms; and to issuelicene Deputy game l ji.> confiscate game Illegally taken, and sell thesame; to issue licenses; to publish the laws in pamphlet form at the end of each session of the legislature and to n port biennially to the governor. es appointed by board to assist in any prosecution, to be paid from tish anr during its pleasure; one to be tish and game protector with supervision over other-, salary $100 per month and an allowance of $.".•») per annum forexpei the others to receive $50 per month and expenses not to exceed $200 per annum; required to enforce the laws; empowered to execute all processes connected with enforcement of game laws; to serve subpoenas; to call in aid of any constable, sheriff. or other peace officer when necessary for enforcement of the laws; to make summary arrests in cases of flagrant violations. 120 GAME COMMISSIONS AND WARDENS. Deputy fish and game wardens. — Number deemed necessary by the board; have all powers and authority of the game and fish wardens and entitled to fees and emolu- ments of, and subject to the regulations provided for, such officers; receive no salary from the State. All foregoing officers have authority of constables and power to arrest, without warrant, persons violating the game laws in their presence, to take such offenders before the proper court, and to make complaints against them; are entitled to same fees as constables; have right to search, without warrant, any boat, conveyance, vehicle, game bag or coat, or other receptacle when they have reason to believe that game laws have been violated; and to seize any game unlawfully taken, caught, killed, possessed, transported, or about to be transported. (2) Other officers: Constables, police officers, and members of incorporated game societies have power to institute prosecutions and to arrest, without warrant, persons violating the law in their presence. (3) Game protection fund: Nonresident license fees to be used to pay expenses of protecting and propagating game; one-third of fines or penalties to be paid to the board to be used in protecting game. (4) Administrative provisions: Justices of the peace, district courts, and police magistrates have jurisdiction to try all offenses against game laws; penalties may be recovered in county where offense was committed, where offender is first appre- hended, or where he may reside; such courts, upon receiving complaint in writing, duly verified, of a violation of law, are required to issue a warrant directed to any officer charged with enforcement of the game law commanding him to arrest the person charged and bring him before the court to be summarily tried, and in case of violation by a corporation the summons shall require such corporation to appear before the court on a day stated to answer said complaint, the summons to be served on the president, vice-president, secretary, superintendent, or manager of such corporation not less than five days before appearance day; complaint must specify the section of the law violated, and the time when and place where com- mitted; proceedings for recovery of penalties must be brought in the name of the State with one of the officers charged with enforcement of the law as prosecutor; proceedings may be instituted and process served on Sunday; defendant not entitled to a jury; prevailing party recovers cost against the other; court may grant not more than thirty days' time for either party to prepare for trial; any party to a proceeding may appeal to the court of common pleas of the county; witnesses not excused from testifying because their testimony. might incriminate them, but such testimony can not be used against them; proof or probable cause for believing that game illegally taken, killed, caught, possessed, has been concealed, or shipped, is ground for issu- ance of a warrant directed to a commissioner or warden commanding him to search any place and examine contents of any receptacle; all game seized to be disposed of as court may direct; persons furnishing evidence to secure conviction and person making complaint each entitled to one-third the fine; possession of deer and water- fowl in close season prima facie evidence of illegal possession. Prosecution must be begun within two years. NEW MEXICO. (1) Officers: Game and fish warden; office established March 12, 1903; term, two years; bond, §2,000; salary, $1,800 per annum. Deputy wardens for each county appointed by warden; compensation one-half of all fines resulting from prosecutions instituted by them. All wardens required to enforce laws, institute or cause to be instituted prosecu- tions for violations, arrest violators, and secure evidence against them. Fines. —One-half to be paid into county treasury for school purposes. Prosecution must be begun within two years. NEW YORK. 1 "J 1 NEW YORK i Offloers: I rest, fish, and game commission; established I8fi mixed with one commissioner; term, four years; bond, 110,000 per annum and necessary expenses; maj appoint a secret an and other in-rcssin « i nit.-. /' ro enforce forest, fish, and game laws; to establish time deer park ling deer and wild game; care for and control forest preserves and parks, and rm such other duties a- tin- legislature may provide for; must take constitu- tional oath; required to issue licenses, and to report annually, not later than Beptem- i, to the legislature. mmissioner. — Appointed by i imissioner; bond, $10,000; salai and necessary expenses; authorized t" act for commissioner a hen latter is absenl "i unable to act; must take constitutional oath. i.— Seventy-five in number; appointed by commissioner, to hold office during hia pleasure, one t<> be chief protector a ith supervision over others; Bal- £2,000 per annum and traveling expenses not over $1,000; after five years 1 service salary may be increased $500; three to be assistant chief protectors; salaries, first scond and third assistants, $1,200 per annum, and traveling expenses not over $750; other protectors, salary $600 per annum and expenses not over 1 150, also one-half «»t* fines and penalties when recovered upon information fur- nished by them. They are required t<> enforce game and fish law.-, execute all war- rant-, serve summons issuing from justice"- court ami Bubpoenas, search without war- rant boats, cars, Lockers, baskets, crates, game bags or other packages, ami build- and with warrant any dwelling house to ascertain whether the laws have been violated; arrest, without warrant, persons violating laws in their presence; kill <1< .lt- found chasing deer in the Adirondack Park, ami report monthly through the chief protector to the commissioner. S ial gamt i>r<>t,cturs may be appointed by commissioner when recommended by supervisors of county or by game clubs, to have powers of game protectors, except Searching without warrant: t<> serve without compensation from State an. I report to the chief protector. (2) Other officers: Peace officers have -ame powers as game protectors, except right of search without warrant. Game protection fund: Annual appropriation; fines and penalties are paid to commissioner, who pays the cost of collection out of same; one-half penalty col- lected in any action by individual or game society also paid to commissioner. (4) Administrative provisions: The game laws are almost exclusively enforced ^>y civil actions for recovery of the penalty, and such actions must he brought on order oi chief protector or commissioner, and if in a justice's court may he brought in town or count}- where penalty is incurred or in the county where defendant resides; commissioner may employ special counsel to prosecute, and he lixes com- pensation therefor; any person, on giving security for costs, or any society or cor- poration for the protection of game, may recover in his or its name penalties for violation of game and fish laws, and in case of collection receives one-half thereof; probability of concealment of game illegally captured is ground for issue of search warrant; posses-ion oi deer in Last ten days of open season presumptive evidence oi unlawtul taking; no one excused from testifying because Ins testimony mighl tend Id convict him of a crime, hut such testimony can not he used against him in any prosecution, and when he is called by state and so testifies any prosecution of him under the game laws, about which he testified, is barred; any person may summarily de-troy devices for unlawfully taking fish and game, without Liability therefor; presence of dog in forest inhabited by deer presumptive evidence that owner thereof is violating law and such do«zs may he killed by any person; possession of flesh or 122 GAME COMMISSIONS AND WARDENS. any part of moose, elk, caribou, or antelope in open season for deer presumptive evidence of illegal capture by possessor; courts of special sessions, police courts in towns and villages, and courts in cities having jurisdiction to try misdemeanors shall have exclusive jurisdiction of offenses under game laws, and such jurisdiction shall extend throughout the county. Action must be begun within two years. NORTH CAROLINA. (1) Officers: Audubon Society of North Carolina; incorporated March 6, 1908. The secretary is the chief executive officer of the society. Objects and powers. — To promote among the citizens of the State an appreciation of the value of song and insectivorous birds; to encourage the instruction of children on the subject; to secure enactment and enforcement of necessary laws for the preser- vation of birds and game: to appoint officers to enforce such laws; and to raise funds for carrying out the objects of the society. Treasurer appointed by governor; term, during good behavior; required to report annually to governor. Secretary elected annually by the society: salary. $1,800 per annum. * Bird and game wardens appointed by governor upon recommendation of secretary; to hold office during good behavior; compensation fixed by society; have powers of constables; required to prosecute persons or corporations having game in possession contrary to law; to see that the laws are enforced; and to obtain information regard- ing all infractions thereof. (3) Game protection fund: Proceeds from nonresident licenses and sale of game seized remitted to State treasury to constitute a fund known as the ' bird and game fund,' and to be paid out upon orders and vouchers of Audubon Society. (4) Administrative provisions: Affidavit of reasonable cause for believing game to be in possession of common carrier in violation of law ground for issue of search warrant directed to warden to search cars, warehouses, and receptacles, and to seize such game; seized game to be sold at auction by warden, and purchaser to receive a certificate of lawful sale; nonresident required to exhibit his license to warden or police officer on demand. Prosecution must be begun within two years. NORTH DAKOTA. (1 ) Officers: One district game warden for each of two districts; original office estab- lished in 1895 and reorganized in 1903; term, two years; bond, 81,000; compensation, 30 per cent of license fees and one-third proceeds of sale of confiscated game. Duties. — To superintend and aid in enforcement of laws. Deputy game wardens* — Appointed by district game wardens in their respective dis- tricts, one for each county having less than 3,000 inhabitants, two for each county having more than 3,000 and less than 7,000, three for every other county, and special deputies, when considered necessary by the warden, to serve during his pleasure; compensation, 40 per cent of license fees, two-thirds of proceeds of sale of confiscated game, and such fees as constables are entitled to when making arrests; required to inform themselves of all violations and prosecute same, and to arrest offender under warrant sworn out before any justice of the county or Without warrant if offender is caught in act of violating law, in which case party arrested shall be immediately taken before a competent court and a warrant obtained; to report seizure of game to district game warden at once and turn same over to him on request All wardens have powers of constables for enforcing game laws; are required to seize game illegally killed, shipped, or possessed, and may do so without warrant. (2 ) Other officers: Peace officers required to seize game taken, shipped, received NORTH DAKOTA OHIO. I 28 Jpment, had in p< >—■«•-- i.-n or under control in violation of law, and ma} d without warrant; to isure to district game warden and tun him on request; entitled to two-thirds proceeds of sale eized by tl Ghun< protection fond: I ight) per cent oi fees from hunting licensee and sale of confiscated game are paid to wardens for their services; 20 per cent li< paid into State general fund. \ Administrative provisions: Proof of probable cause for believing that game taken, shipped, <>r possessed iii vi »lati»'!i of law has been concealed i- pround for rch warrant by competent court to search an) place described in warrant and to break open any apartment, chest, box, locker, crate, packet, or package and examine contents; prame seized by deputy wardens and peace officers considered in f district warden and Bubject to his direction, to be Bold within - with understanding that purchaser may deal with it as if killed or possessed law- fully; misdemeanor to hinder or obstruct any officer in discharge of duty; State's attorneys required to prosecute any Indian violating law; hunting license subject to don by any person on demand; 20 per cent of li© use fees paid into State era] fund and 10 percent retained by county auditor for his services in issuing licens Prosecution must be begun within two year-. OHIO. Officers: Commissioners of fish and game; commission established in composed of five members; term, five year-: bond, $2,000; serve without salary, but entitled to all their expenses. Have complete control of all matter- pertaining to hirds. fish, and game, and required to enforce the laws for their protection. . -Appointed by commissioners for two years; bond, I salary, $1,500 per annum and expenses, not to exceed $1,000, paid from appropriation for use of commissioners; required to visit all parts of the state to direct and assist other warden-. Deputy StaU wardens. — Such number as necessary appointed by commiseaoners for two years: bond, $200. iai ward* ns. — Appointed by commissioners in such number and for such period immissioners may direct; have all tin- powers of deputy State wardens and required to perform the same duties: bond. >: Compensation of wardens. — Commissioners may direct that any lines collected in •itioii- by deputy State wardens be paid to them, and all wardens are entitled to Ban - a Bheriff is paid in like cases under the criminal laws; commissioners may pay deputy State and special warden- such compensation from funds appro- priated for their use as they deem proper. All wardens required to enforce the laws for protection of birds, game, and fish, and to search any place where game is unlawfully possessed; empowered to execute and serve all warrant- and \ I law arising from enforcement of game laws in same manner as sheriff:-: may arrest on Bight and without warrant persons detected by them in act of violating law: have power of sheriffs to require aid in executing any process; must seize, and may do >,> without warrant, game unlawfully in possession, and guns, traps, and other devices with which the same was taken. (2) Other officers: Sheriffs, deputy sheriffs, constables, and other peace officers required to enforce law- for preservation of birds, game, and fish; have same powers a- wardens and entitled to same fees; prosecuting attorneys receive 20 percent of ■llected in prosecutions conducted by them. •'; Game protection fund: Fine-, penalties, and forfeitures unless otherwise directed by commissioner- to he paid to president of commission and by him placed in state treasury to credit of fund for use of commissioners; nonresident licensi 1*24 GAME COMMISSIONS AND WARDENS. and fees for permits to collect birds for scientific purposes are also paid into state treasury for use of commissioners. (4) Administrative provisions: Persons arrested without warrant to be im- mediately taken before a magistrate, and upon complaint made by warden to be tried; arrest may be made on Sunday, and offender required to give bond for his appearance on a week day as soon as practicable after arrest; prosecutions by wardens and police officers for offenses not committed in their presence can only be instituted on approval of prosecuting attorney or under direction of attorney-general; guns, nets, traps, or other devices used in unlawful capture of game or birds declared public nuisances to be seized and forfeited to State; cost of seizure to be a lien on such property subject to no exemption, and a writ of replevin not to lie to regain possession of such property, but latter to be held to await final determination of case; warden or officer seizing implements must keep them and within three days institute proceedings for their condemnation, such implements to be sold and proceeds paid, into State treasury; if defendant pleads guilty no condemnation proceedings neces- sary; officer or person filing complaint entitled to writ of error to review adverse decision. (For further details see pp. 223-225, sees. 8, 9, and 10. ) Discovery of any gun, net, trap, or other device set, maintained, or used in violation of law, prima facie evidence of guilt of person using, owming, or making claim thereto, and unlawful possession of game, prima facie evidence of guilt of possessor; reception of game for shipment to a point without the State, prima facie evidence that it was killed or taken for purpose of so shipping; licensee required to carry with him his license and to exhibit' to any warden or officer on demand. Seized game to be forfeited to the State. Prosecution for Sunday hunting must be begun within ten days; for other offenses within three years. OKLAHOMA. (1) Officers : Territorial game and fish warden; office established March 10, 1899; term, four years; compensation, one-half the fee taxed in each conviction, and fees of sheriffs for making arrests and serving process. Duties and powers. — Required to enforce game and fish laws and to bring or cause to be brought actions and proceedings for violation of law; authorized to prosecute in same manner as, and without sanction of, county attorney; to examine any boat, conveyance, vehicle, fish box or basket, game bag or coat, and any other receptacle where he has reason to believe evidence of violation of law will be secured, and to seize, with or without warrant, game unlawfully taken, possessed, or transported; vested with power of sheriffs to serve criminal process and to require aid in exe- cuting the same; authorized to arrest, without warrant, any person caught by him violating laws; directed to search any place, without warrant, for game he has reason to believe is held for shipment, and seize same and arrest, without warrant, the per- -son in whose possession it is found. County game and fish wardens. — Appointed by warden, with like powers, and author- ized to appoint deputy county wardens with like powers. County wardens and their deputies receive one-half fee taxed in every conviction within their county. (2) Other officers: All county and township officers required to file affidavit against persons known to them to have violated the laws. Sheriffs, marshals, and constables required to search, without warrant, any place where they believe or are informed that game is held for transportation and arrest the party in possession. (4) Administrative provisions: Any person may prosecute violators and with- out bond for costs; resisting or hindering officer making search prima facie evi- dence of violation of game law; proof of probable cause for believing that game unlawfully possessed has been concealed is ground for issue of search warrant to enter any compartment, chest, box, locker, crate, basket, or package; game seized to be disposed of as court may direct; wardens not liable for such seizure; persons OKLAHOMA l >B1 QON. 1 25 hindering or obstructing wardens guilt) of misdemeanor; arrests maj be made on Bunday when Ian is violated onthatday; in prosecution* in ; |10, and in district court ' taxed is costs Against defendant, to be distributed equally between Territorial game warden and county warden; a ol game facie evidence of killing within Territory, and Eact that game protected by Oklahoma was killed elsewhere prima facie evidence that it was killed th< fully; county attorney required to institute suit against common i n violation .•t' transportation laws, and m fee of |100to be taxed as costs, t-' l>«- paid to such attor- oey; I taxed against defendant incase of Bale of game, to be paid county attorney prosecuting; in prosecutions for violating law against transportation of game Informer entitled to one-half of fine, and ■ fee of $50, to be taxed as costs in such paid to county attorney conducting prosecution. Prosi i iition must Ikj begun within three year-. OREGON. Officers: State game and forestry warden; office established February I s , term, four years; bond, \ ary, $1,200 per annum and expenses not to ex< eed $500 per annum. /' -- ind powers. — Required to enforce game laws; bring or cause to be brought actions and proceedings to recover fines and penalties, or to inflict punishment; t<> market hunting licenses; to report annually on the Lstof December to the gov- ernor; to seize, with or without warrant, game unlaw fully taken, killed, shipped, or 38ed; authorized to search, with or without warrant, boats, conveyances, vehi- cles, game bags, coats, and other receptacles, cold storage rooms, and packag - held for shipment or storage believed to contain evidence of a violation of law without liability for such search and seizure; authorized to search any person who ason to believe has in his possession evidence of violation of game laws. ial deputy game and forestry wardens. — As many as may be necessary, appointed State warden, for such time as he designates, and vested with Bame powers given him; compensation fixed by state warden, not more than $2 per day for time actu- ally employed, necessary expenses, and one-third of lines in certain cases where they :ute. All wardens have authority to arrest, without warrant, persons found by them violating the game laws and to take . uch persons before any court having jurisdic- tion tor trial. 2 Other officers: Sheriffs, deputy sheriffs, and constables are ex officio game, Bsh, and forestry wardens and have power- of such wardens; required to report under oath to the circuit court at every term any violations know n to have occurred within the county; entitled, in addition to all other fees, to one-third or one-half, accord- ing to law violated, of the fine in cases prosecuted by them. 3 Game protection fund: License fees and fines collected for violation of hunt- ing license laws constitute a game fund. Administrative provisions: Proof of probable cause for believing that game Illegally possessed has been concealed is ground for issue of a warrant to search any building, inclosure, car, boat, compartment, chest, box, crate, basket, or package; seized game to be disposed of as court before whom offender is tried, or any compe- court, may direct; possession of game in close season prima facie evidence such same was taken in violation of law; interference with an officer searching for evi- dence of violation prima facie evidence that person SO doing is guilty of violation of law; district attorney to prosecute violations on order of state warden; informers entitled to one-half the fine in certain case-, and after payment of expenses of trial the remainder, if any, to be paid into general fund of State; Licensee required to exhibit license upon demand to any officer charged with enforcement of game laws or to any person upon whose lands he may he hunting. Prosecution must he begun within two years. L26 GAME COMMISSION- AND WARDENS. PENNSYLVANIA . (1) Officers: Board of game commissioners; established in 1895; composed of sue members; term, three years; no compensation. Duties. — To protecl and preserve the game animals and birds and nongame birds; to en lone the game laws; to collect, classify, and preserve data and information rela- tive to game protection; to report to the governor annually in December. Game protectors. — Ten in number, appointed by board, one to be chief protector and secretary, with supervision over the others; term during pleasure of board; bond, chief protector 81,000, others $500; protectors may receive salary or per diem, as board may agree with them, and expenses, exclusive of traveling, not to exceed $2 per day. They have power to serve all processes, to arrest, without warrant, per- sons violating the game law in their presence; to arrest on Sunday; to search, with- out warrant, any place for game when they have good reason to oelieve that the laws have been violated, and to seize game unlawfully possessed: in making arrests may call any citizen to their aid ; may purchase and sell game when by so doing they can discover violations of law, game so used to be delivered to some charitable institution when no longer needed for evidence. Deputy game protectors.— One for each county, appointed by board; bond, 8300; have all the powers of protectors and receive same compensation as constables for similar services. Special deputy game protectors. — Number at discretion of board, which makes the appointments; serve without compensation from State or county; have the powers of game protectors. All officers required to enforce the game laws, and authorized to seize guns, shoot- ing paraphernalia, and game belonging to party suspected of hunting without license; are exempt from liability for seizure of game, guns, and appliances in accord- ance with law. (2) Other officers: Constables are ex officio game wardens for their respective counties, have powers of protectors; in addition to statutory fees are entitled to $10 for every conviction upon their testimony, one-half to be paid by the county, other half by the State; required to report any violation known to have occurred in their county to the court of quarter sessions at each term. Police officers and market clerks are required to arrest persons having game unlawfully in possession and vend- ing same; members of State police force empowered to act as game wardens. Forest wardens vested with power to arrest, without warrant, persons violating game laws on the forest reserves. (3) Game protection fund: All penalties recovered where protectors or deputy protectors prosecute and one-half, less expense of recovery, where they furnish evi- dence, paid to secretary of board for its use; in other cases, with a few possible exceptions, informers are entitled to one-half the fines; other half paid to State; one-half the license fees paid into State treasury for use of board, other half into county treasury. (4) Administrative provisions: Every magistrate, alderman, and justice has power of summary conviction under the game laws; information or complaint of violation of law is ground for issue of a warrant, directed to any game warden, pro- tector, constable, or police officer, commanding him to arrest offender: proof of probable cause for believing that game unlawfully caught, killed, possessed, or shipped has been concealed is ground for issue of a warrant to search any building or place, and, after demand and refusal, to break it open; guns and shooting appli- ances found in place searched, if owner be a nonresident, to be seized and held till tine and costs imposed upon offender are paid, and to be sold if such fine and costs be not paid in twenty days: game seized by a protector and that found in possession of a person hunting without license, when such is required, to be sent to nearest hospital; that seized by constable or warden to be disposed of as court before whom PI \ \>\ I \ \ \ I \ RHOD1 ISLA N D. 1 27 tried ma\ direct; interference with wardens and pi of th*ir duties punishable bj fine of ^M^ 1 ; nonresidents and unnaturalized resident* hunting without lieei it their guns, which are to be held till fine imposed I* paid, and wjid if line 1k» not paid in t- n da ent, proceedf to be to pay tine, and residue, if any, to be paid to owner; an) person may, without Incurring liability, kill dogs found pursuing or on the track of deer 01 fawn, and any officer may kill am dog upon affidavit made b) an\ person that it baa been pursuing deer within a year; any dog pursuing game in rlose season off land con- trolled by its master, unless wearing a collar with name and address of n declared a public nuisance and may be killed by «>\\ ner or leasee of land upon w hich it is hunting or by any game officer; proof of possession of game, except in open s< and fifteen days thereafter, prima facie evidence of a violation of law by th< hi d1 gun l>\ nonresident or unnaturalized foreign-born resident on in field without a license prima facie evidence of violation of law; po lion of a ferret prima facie evidence of intent to use it unlawfully; district attorneys [uired to prosecute where penalty exceeds that giving jurisdiction to a justice or alderman; licensee required to exhibit his License upon demand of any officer; tis arrestee! on Sunday may l>e committed for that clay, but must be proceeded -- »le on a week day following; guns and shooting parapher- nalia used by any person bunting for hire to be forfeited; all boats, decoys, guns, an•.— To protect birds and game and enforce laws. ti'S. — Appointed by commissioners; term unlimited; no salary: required to enforce laws. ( lommissioners and deputies authorized to arrest without warrant persons pursuing, killing, or having in possession any game or birds contrary to law, but persons bo arrested not to be detained longer than twelve hours; to seize, without warrant, any game or l>irds in possession of any person at am time when killing of same is pro- hibited by law. They are not required to furnish security for cost- when complaint de by them. Fines: To be paid one-half to complainant and one-half to State. Administrative provisions: Complaint on oath to any magistrate authorized --.e criminal warrants that law protecting game and other birds has been or is a violated in any place is ground for issue of a search warrant directed to any officer competent to serve a warrant, but warrant not to be executed after sunset unless such course i- directed by the magistrate. Licensees must exhibit license to any person demanding it. Prosecution for violations of chapter 112. relating to game and nongame birds, must be begun within ninety day-: in other cases if complainant is entitled to any part of fine within one year; if not, within two years. 128 GAME COMMISSIONS AND WARDENS. SOUTH CAROLINA. (1) Officers: Audubon Society of South Carolina, incorporated February 19, 1907. Objects and powers. — To promote among the citizens of the State an appreciation of the value of wild birds, animate, and lish; to encourage parents and teachers to instruct children on the subject: to stimulate public sentiment against the destruction of wild animals, fish, birds, and their eggs; to secure enactment and enforcement of proper and necessary protective laws; to appoint officers to enforce such laws, and to raise funds for carrying out objects of the society. Treasurer of the society appointed by the governor; term, during good behavior; required to report annually to governor. Secretary, who is executive officer, elected by the society annually. Bird and game wardens. — Appointed by governor upon recommendation of the society; to hold office during good behavior: bond, 8100; compensation fixed by society; have powers of constables; required to prosecute persons or corporations having game in possession contrary to law; to see that laws are enforced, and to obtain information as to violations; must take oath of office. ( imnty game wardens, one for each county, appointed by the governor; must see that game and bird laws are enforced and report at each term of court of general sessions all violations of law and what steps were taken to punish offenders. They are exempt from road and jury duty. Inspectors. — Appointed by board of county commissioners to enforce act for pro- tection of game, fish, and terrapin on public lands and navigable waters; compensa- tion fixed by board, but not to exceed 10 per cent of hunting license fees and fines for violation of the act. (2) Game protection fund: Money derived from hunting licenses, fines, and for- feitures under act incorporating Audubon Society remitted to State treasurer to con- stitute a 'Game protection fund,' and to be paid out upon the order and vouchers of the society. (3) Administrative provisions: Bird and game wardens may make affidavit before a magistrate that they believe game and birds are unlawfully in possession of a common carrier and may receive a warrant to search, open, enter, and examine cars, warehouses, and receptacles, and if such game be found to seize it; game so seized to be sold at auction by the warden; nonresidents and aliens must exhibit their licenses upon demand of any warden or police officer; any person may prose- cute offenders of the game laws; person found in act of violating law relating to hunting on public land and water may be arrested at once and all guns, boats, and appliances in his possession and used in the violation may be seized, and upon his conviction forfeited to State, to be sold and proceeds divided equally between State and county; informers entitled to one-half the fine incases arising under law pro- tecting deer; reception by person or corporation of game or birds for shipment out of the State prima facie evidence of their killing for such purpose, and possession of partridge or quail, sold or offered for sale, shipped, or exported prima facie evidence of a violation of law prohibiting sale and export, and burden of proof is upon pos- sessor to show that the bird was imported from another State; oath of one credible witness sufficient to convict for illegal hunting of deer; oath of landowner sufficient to convict tor unlawful hunting on his land. SOUTH DAKOTA. (1) Officers: Big game. — Game wardens, one for each county where big game occurs; appointed by governor upon petition of ten citizens of such county; term, till successor is appointed; bond, $500; salary, $75 per month, paid from county game fund; jurisdiction extends throughout State. BOUTH DAKOTA rEXNESSEE. L29 Required t<> raperviee in person protection ol take the field daring September, October, November, and December; to file infor- mation a^r-ii n-t persona violating la* protecting big game when be ^' informed o! such violation; anthoriaed to arrest, without warrant, peraom found in the act of violating law, and at -aim- time to nto his custody any big game and I \ gun found in ponsession of mich person. Number necessary appointed by warden ' : ui iu^- lr- ate compensation; must t;i k *• oath of office and report all violations to warden. Wardens and deputies may make reasonable examination of any tent, wagon, or place where hunters might conceal game or equipment when reasonable suspicion - that game law i- 1 >« • i 1 1 ^r violated. § Fish wardens to be game wardens and to enforce laws protecting small game; required to arrest and prosecute all violators; authorized to arrest with- out warrant persons they find in act of violating law, and required to take such per- son before competent court for trial or give notice to State's attorney of county, who shall immediately prosecute the case; authorized to seize ^ame killed or possessed in violation of law; jurisdiction extends throughout State; each warden must take oath of office; compensation, one-half tines recovered upon prosecutions by them and statutory fees in criminal Q . —Not more than ten. appointed by warden: jurisdiction throughout the county, with duties, powers, and compensation of warden-. Other officers: sheriffs, deputy sheriffs, arid constables charged with duty of enforcing game laws and given authority of wardens. Game protection fund: Pines or parts thereof, penalties and cost- recovered, license fees, and proceeds of Bale of dogs, guns, and game to be paid into county treasury for use of county commissioners to defray expense- and compensation of wardens in enforcement of game laws. Administrative provisions: 1V<r in close season a sepa- iffense; possession of animals in execs- of legal number prima facie evidence of violation of law-; licensee required to exhibit License on demand by officer author- ized to enforce law; guns and game seized, upon conviction of the owner, to be for- feited, and court may adjudge such forfeiture and order game to be Bold at public or private sale and proceeds paid into county game fund. v // game. — Search warrant may be issued to search any place where game is concealed upon proof of probable cause for belief of such concealment, and I Chests, and packages may he broken open for examination: possession of game pre- sumptive evidence . >f violation «»f law; presence outside of town with gun and dogs from July 1 to September 1 prima facie evidence of violation of law: guns, sporting implements, traps, and dogs used in violating the law, apondue proof before any competent court, to be adjudged forfeited, the traps destroyed, and other articles sold at public or private sale and funds paid into county game fund; game taken or held in violation of law to be seized and sold for benefit of county game fund: par- ticipant in violation of law may testify against confederates without incriminating: himself. Any person making complaint and furnishing evidence leading to convic- tion is entitled to one-half the fine. Prosecution for violations of laws relating to small game must be begun within one year; for violation of those relating to big game, within three year-. TENNESSEE. (1) Officers: State warden of game, fish, and forestry; office established April 11, 1903; reorganized as a department of the State government April 15, 1905; term, eight years; bond, $500; no salary, but entitled to all ivi-> for hunting licenses issued by him; may appoint a secretary. 130 GAME COMMISSIONS AND WARDENS. Duties and powers. — Required to report to general assembly each session; to issue hunting licenses; may remove any warden at will and appoint his successor: has same powers for enforcement of the law as the subordinate wardens. Special wardens. — Number considered necessary by State warden, appointed by him with jurisdiction throughout State; bond, $500. Count;/ wardens. — One for each county, appointed by State warden; bond, S500. Deputy county wardens. — Number in each county deemed necessary by county warden and appointed by him; bond, $250. All wardens must take oath of office; hold office one year; are allowed one-half of all fines, penalties, and forfeitures collected in actions where they make the arrest or secure the conviction; are peace officers vested with the powers of sheriffs and an- required to enforce game, nongamebird, fish, and forestry laws, and serve process; authorized to arrest, without warrant, and take offender before a justice of the peace or criminal court having jurisdiction and prosecute him; to seize and confiscate game taken or held contrary to law; to search, with warrant, box, barrel, wagon, car, cold-storage house, or other receptacle for contraband game. (3) Game protection fund: License fees and one-half fines, penalties, and forfeit- ures under game laws are paid to State warden for use in enforcing the game laws. (4) Administrative provisions: Upon the sworn statement of any person that game law has been violated, any justice of the peace having jurisdiction shall issue his warrant directed to any officer or warden commanding him to arrest offender and hold him for trial; nonresident having game in possession for export shall pre- sent his license and sworn statement to any officer demanding it; grand juries of circuit and criminal courts have inquisitorial power over violations of nongame bird laws and upon probable cause shall make presentment without prosecutor; judges of criminal courts required to give nongame bird act in charge to grand jury at each term; prosecutions and actions for penalties can be brought only on order of State warden or one of his deputies, and he may compromise or discontinue any action where violation is technical or where further prosecution would be oppressive; par- ticipants in offenses compelled to testify, but exempted from prosecution thereafter; State warden may go to any part of the State when informed of a violation of law and summon witnesses for purpose of ascertaining the truth of the charge in order to prevent useless and frivolous prosecutions; anyone summoned must attend and testify: resistance to or interference with a warden in discharge of his duties is a a crime; violation as to each animal or bird is a separate offense; licensees must exhibit their licenses to any warden or owner of land upon their request. Prosecution must be begun within twelve months. TEXAS. (1) Officers: Game, fish, and oyster commissioner; office of fish and oyster commissioner established April 26, 1895; title changed and duties extended to game July 1, 1907; term, two years; bond, 810,000; salary, 82,500 per annum, 8700 of which is payable from game fund; allowed 8600 per annum for necessary expenses. Duties and powers. — To enforce game and bird laws and bring necessary actions for that purpose; to seize, without warrant, game or birds caught, taken, killed, possessed, or shipped contrary to law; to make regulations for export by licensees of game law- fully killed by them; may make complaints for violation of the law without sanction of prosecuting attorney, and shall not be required to furnish security for cost>; has powers of a sheriff for service of criminal process and requiring aid in such service: may arrest, without warrant, persons found in act of committing an offense; must make monthly report to secretary of State; issues hunting licenses. Chief deputy game, fish, and oyster co)nnnssioner. — Appointed by the commissioner to a-sist him and exercise his powers when he is absent or incapacitated; salary, i i \ 18 \ i i:m-'\ i . I ."'1 l per annum ami n< Kjiense*, paid from game protection fund; bond, 0; muni take oath of offii Dundy game^ fi*h, and oyster comnu Appointed by commissioner; com pen aation |3 a day and netvssan expense* \\ Idle actually employed; bave same p >mmissi< >ner. GtuiH' protection fund: Hunting License feea constitute fund li isury lor payment of |700 o! Balary of commiaaioner and salaries and expensef of his depul i Administrative provisions: Seized game uiu-t be disposed of as court may direct; agents and employees of carriers and express companies are empo? by the game law to examine any package delivered to them for transportation to tain whether it contains game; each illegal shipment of game a separate offense; possession of uaiiic in close season is prima fade evidence of a violation of law. Prosecution must be begun within two years. UTAH. Officers: state fish and game commissioner; office established in 1899; term two years; bond $5,000; Balary $1*200 per annum; contingent and traveling expenses per annum; must take constitutional oath of office. Duties a \d powers.— Required to supervise protection and distribution of game and tish: issue license-, and to report to the legislature each session; authorized to take game and fish for purposes of propagation, cultivation, distribution, and scientific investigation. ( nief state fish and gams wardens. — < me for each county, appointed by commissioner with approval of county commissioners; term two year.-: bond $1,000; Balary fixed by '_ r "\ ernor, but not to exceed $600 per annum: required to report in detail annually t<» commissioner. Commissioner and chief wardens required to Bee that name laws are enforced; vested with powers and authority of sheriffs and constables; required to seize game taken, held. or transported contrary to law; to arrest with or without warrant any i they have reason to believe guilty of a violation of law, and if without war- rant, to hold him till one can be obtained; to search, with or without warrant, any bar, stage, pack, warehouse, store, outhouse, box, barrel, and package where they have reason to believe game taken or held contrary to law is to be found and to seize such game, if without warrant, to procure one soon as possible afterwards. (2) Other officers: Sheriffs and constables required to enforce game laws in like manner and with same authority and powers as warden-. (3) Game protection fund: All hunting license fees and proceeds from sale of confiscated game are paid into state treasury to credit of the li>h and game fund. \ Administrative provisions: Any person giving information leading to con- viction entitled to one-half the fine; game taken or held unlawfully or shipped or consigned for shipment out of State to be seized and sold: possession of any part of ie in close season prima facie evidence of illegal taking, killing, or possession. Prosecution must be begun within two year-, when offense is triable by justice of the peace or police court; otherwise within three years. VERMONT. (1) Officers: State tish and game commissioner ( from 1892 to 1 ■*< >4 a fish and game commission ; present office established December 7, 1904; term two years; Balary, |l,000 per annum; allowance for actual necessary expenses while absent from home on official business, for a clerk at $365 per annum and for necessary printing, postage, stationery, and blanks. Duties. — To enforce the game and fish laws: to prosecute violations of the law and to issue deer licenses. 435S— No. 2S— 07 10 132 GAME COMMISSIONS AND WARDENS. County fish and game wardens. — One, and not to exceed two, for each county, appointed by State commissioner; term one year; compensation, $2 per day and actual expenses while officially employed; may arrest on sight anywhere in the State persons found violating game law and retain them at expense of State until prosecu- tion can be instituted, notice of such arrest to be given immediately to grand juror of town or State's attorney of county where offense was committed; may investigate violations anywhere in State. /' puty county fish and game wardens. — As many as commissioner deems necessary, appointed by him; compensation. $1.50 per day and actual expenses while officially employed; same powers as county wardens. (2) Other officers: Town grand jurors and State's attorneys required to prosecute all violations of game laws. (3) Garne protection fund: Fixed annual appropriation for care, protection, and preservation of game and fish, $5,500; all hunting license receipts and lines imposed under fish and game laws. (4) Administrative provisions: Upon arrest and detention by a game warden of a person violating law and notice by snch warden to town grand juror or State's attorney, such officer is required to file complaint against and prosecute offender forthwith; a justice may issue warrant to search, in daytime, a dwelling house or other place for game taken contrary to law or implements used for taking game; justices have jurisdiction of offenses up to $20; protected game, when snared, to be seized and forfeited to prosecutor; presence on public waters after sundown with firearm and torch presumptive evidence of a violation of law prohibiting shooting ducks by aid of torches; finding any dog of a kind commonly used to hunt deer, moose, or caribou hunting such animals in the forests prima facie evidence that the owner permitted such dog to hunt in violation of law; delivery to or reception by any person or corporation of game birds for shipment out of the State presumptive evidence that such birds were killed for a purpose other than consumption as food within State; possession by transportation company of game which has been taken in State in close season presumptive evidence that such game was taken in State unlawfully; possession of deer in close season, and of moose or caribou at any time, presumptive evidence of unlawful killing. Prosecution must be begun within three years. VIRGINIA. (1) Officers: Two city game wardens in each city; appointed by city or corpora- tion court upon application of five resident freeholders. Magisterial district wardens. — One for each district, appointed by circuit judge upon application of five resident freeholders and board of supervisors, except in Accomac and Northampton counties, where they are appointed on recommendation of Eastern Shore Game Protective Association. "Wardens hold office four years; required to enforce all laws of State or United States for protection of birds and game; to arrest, with warrant, any person violating the law, and, without warrant, persons found in the act of committing such viola- tions. Compensation consists of fee of $2.50 assessed in every conviction, to be paid warden securing conviction, and fees from funds derived from nonresident licensed Refusal or neglect of wardens to prosecute violations subjects them to removal from office and to penalties for a misdemeanor. (2) Other officers: Commanders of oyster police boats are constituted game war- dens in their jurisdiction. (3) Game protection fund: License fees divided equally among wardens of the county, but no warden to receive more than $300 per annum. (4) Administrative provisions: Sneak boats, nets, traps, reflectors, and other unlawful appliances to be seized by any officer and held as evidence; if found to viKt.i M \ WASHINGTON. 1 88 been used unlawfully, to be des troy ed on order of court; poejeaion oi appliances prima facie evidence "t' guilt; affidavit of concealmi me killed, taken, caught, shipped, or about n> I"- shipped in \ iolation of law ground rant to search an} place, and after demand and refusal officer mas < uter and i in«- an > car, building, inclosure, or apartment for Buch game, and on finding it t'> ihI to be disposed of aa court may direct; all guns and hunting appliances found in such search to be seised and held subject to pa} ment of fine and appliance* found in such search, not authorised b) law, to be destroyed on order of court, others to be sold at auction twenty days after seizure unless owner pays fine or is acquitted; Interference with game warden in discharge of his duties or resistance to lawful arrest s misdemeanor; persons hunting upon lands of another in Alexandria, Fairfax, Prince William, Stafford, and King George counties, without written permission, to forfeit $3 to informer for first offense, $6 for second, and 99 lor each subsequent offense, and in addition to forfeil boats and other means of con- veyance, guns, dogs, and hunting apparatus; persona so hunting may be am without warrant by any warden, sheriff, or constable, and the property forfeited may be seized and held to await determination oi case; persona convicted a third lime for violation of law required to give recognizance for good behavior for one year; possession of game in close season prima facie evidence of guilt of person in whose i" •— — * — i* »ii it is found. Prosecution must be begun within one year. WASHINGTON. Officers: state fish commissioner is ex officio State game warden; office es- tablished in 1899; term, four years; bond, $6,000; salary, $2,000 per annum and actual traveling expenses not to exceed $1,000 a year. Duties and powers.— Has general supervision over enforcement and execution of all laws for protection of game and birds and full control and supervision overall county game wardens; vested with authority and powers of a peace officer; has authority to apply to attorney-general for official opinion of construction and inter- pretation of game laws; must report on December 1 to governor. Chief deputy. — Appointed by State warden to serve during his pleasure; salary, |l,500per annum and actual traveling expenses not to exceed $750 a year. Required t«> enforce all laws for protection of game and birds and prosecute violations thereof; has direction and supervision of all county and special deputy game wardens. County game wardens. — One for each county, appointed by county commissioners; salary, 'per month; vested with all the powers and authority of a sheriff; an- ex officio deputy State wardens and have same powers as chief deputy; must take oath of office; may be removed by county commissioners for neglect or non- performance of duty. Special game wardens. — Appointed by county warden; receive no salary; vested With powers of other game wardens. All wardens have authority to inspect places where game is held for storage or shipment when they believe evidence of a violation of law is to be found, and if such be found they are required at once to institute proceedings for punishment of Offenders; may arrest without warrant any person found by them vi ilating laws and lake such person before a justice of the peace or municipal judge having jurisdiction for trial; such action to be prosecuted by prosecuting attorney of county. - Other officers: Sheriffs, deputy sheriffs, constables, city marshal-, police officers, and forest rangers of the United States Government are ex officio game wardens and are required to enforce game laws; have same authority as warden-. (3) Game protection fund: Fees from licenses issued by State auditor are paid into State treasury to credit of State game fund and those from licenses issued by 134 GAME COMMISSIONS AND WARDENS. county auditor into county treasury to credit of county game fund; fines in certain cases are paid into county treasury for game fund. (4) Administrative provisions; Evidence: Possession of game, except ducks, geese, brant, and snipe to the number permitted to be taken in November presump- tive evidence of illegal taking. Prosecution must be begun within one year. WEST VIRGINIA. (1) Officers: (iame and fish warden; office established May 18, 1897; term, four years; salary, $1,000 per annum and allowance for mileage. ] hit i established Ma) ■'>. 1891; term, tw,. >. ary, $1,800 per annum an. I allowance for actual expense-. Dutict i" Becure enforcemenl of game laws and bring or cause to be brought actions and proceedings to recover penalties or fines for violation thereof; to devote utire time to duties <>t' liis .-dice; to report the transactions "t' his department to the governor in December of each year. Special deputy wardens. Two for each Congressional district, and as many additional deputies as are necessary, may be appointed by State warden, with approval of governor; receive actual expenses and a per diem payable from game fund only, fixed by warden, with approval of governor, for Buch time as tiny actu- ally serve under direction of State warden; miiM carryan identification card issued by State warden. nty wardens. Number determined by county board of each county, selected by a board of appointment, and appointed by State warden; compensation t<> be fixed by appointing board and paid out of county treasury like those of other county officers. Selection of deputy wardens is made from those qualified by competitive civil- sen ice examination. Warden and deputies have authority of constables to execute and serve all war- rants and processes issued by any court having jurisdiction of offenses under game law -; 1- arrest, without warrant, any person detected in act of violating any game law and to take such person before proper court and make complaint against him; upon receiving information of violation must cause thorough examination and institute proceedings if warranted by evidence; may seize and confiscate game illegally cap- tured, possessed, or shipped, and sell same and pay proceeds, less expenses, into treasury to credit of hunting license fund; authorized to examine at anytime record of licenses issued by county clerks; to examine and open any package in —ion of a transportation company suspected to contain game or to he falsely labeled; exempt from liability in performance of their legal duties. (2) Other officers: Sheriffs, deputy sheriffs, coroners, and police officers are ex officio deputy fish ami game wardens and are required to assist State and deputy wardens in enforcement of game law-; game officers of other States are declared agents of those States in Wisconsin and are authorized to follow game unlawfully ■hipped from their States into Wisconsin, seize same, and take it hack into their State or dispose of it in Wisconsin according to laws of their State, such disposition to I <■ made under supervision of an officer of Wisconsin; officers ^i other States are designated agents of Wisconsin for taking possession of, holding, and disposing of game. Attorney-general and his assistants required to advise State warden as to his duties, ass ist him in enforcement of law, and in prosecution of cases when warden deems it necessary; district attorneys required to prosecute actions for violation <>f game laws when wardens make complaint, if magistrate deem their presence necessary. Game protection fund: Vev^ from hunting licenses, permits to collect for Scientific purposes, and proceeds from sale of confiscated game (if -ale not prohib- ited) and devices constitute a 'hunting license fund' in the State treasury for the payment of salaries and expenses of State and deputy game wardens; one-third of fines for violation of game laws retained by county treasurer as a fund to reimburse county for expenses in enforcement of game laws. (4) Administrative provisions: Apparatus or device not designated a public nuisance may he seized by warden and, after finding of illegal use, may he destroyed or sold as directed by court; those designated public nuisance shall, upon a finding of such unlawful use, be immediately destroyed; affidavit before a magistrate author- 186 GAME COMMISSIONS AND WARDENS. ized to issue criminal process that affiant has reason to believe game captured or possessed contrary to law has been concealed, is ground for issue of a warrant com- manding officer to whom directed to search premises designated, seize the game if found, and bring it before court issuing warrant to be used as evidence. Prosecution must be begun within three years. WYOMING. (1) Officers: State game warden, office established February 15, 1899; term, four years; bond, $3,000; salary, $1,500 per annum and $200 per annum for contingent expenses, paid from general State fund. Duties and powers. — Required to protect game and enforce laws relating thereto; to be an active executive officer and take field in performance of his duties; to report annually to governor; authorized to arrest, without warrant, persons found violating law or with game in possession in violation of law, and may employ an attorney when necessary, to be paid from game fund. Assistant game wardens. —Three in number in different parts of State, appointed by warden; bond, $1,000; salary, $900 per annum, paid from game fund. Special assistant game wardens. — One or more in each county as necessity requires, appointed by warden; bond, $500; compensation, $3 per day while actually employed, payable from game fund. County game and fish wardens. — One for each county, appointed by board of county commissioners; compensation fixed and paid by commissioners out of county funds, not to exceed $3 per day while actually employed. Assistants. — Number necessary in each county appointed by warden. All officers authorized to enforce game laws may arrest, without process, violators detected in the act; search any camp, wagon, and pack at any time; may seize game and fish unlawfully possessed, and when resistance is made to arrest, call upon any peace officer or citizen of State to assist in effecting arrest. (2) Other officers: State and Federal forest rangers may be appointed special assistant game wardens; sheriffs, deputy sheriffs, and constables required, under pen- alty for omission, to arrest and prosecute violators; guides are ex officio assistant game wardens and are required, under penalty for omission, to report violations by one employing them; allowed $3 a day for time consumed in arresting and securing conviction, payable from State game fund. (3) Game protection fund: Biennial appropriation and proceeds from confis- cated game. (4) Administrative provisions: Possession of game in close season prima facie evidence of violation of law; licensee required to produce license on demand of offi- cer; each act of hunting without license constitutes a separate offense; license fees paid into general fund, and fines into general school fund. State game warden may pay reward of $300 for evidence leading to conviction for the crime of capturing, destroying, or mutilating game animals for their heads, antlers, horns, or tusks. PART III. EXTRACTS FROM LAWS WITH SPECIAL REFERENCE TO ENFORCEMENT. The third pan of this bulletin contains extracts relating to the enforcement <»t' the game laws of all the States and Territories. These extracts have been carefully compared with the original statutes and have been brought down to date by inclusion of the amendments of L907 a . By the use of side heads in black-faced type the general con tents <>t' each section have been indicated so as t<> facilitate ready reference to any particular topic. The statutes are arranged chrono- logically and the sections in regular order except in Alabama, Illinois, Maine, and three or four other States in which the provisions relating to State officers are given first. Provisions not closely connected with the subject-matter of enforcement or immaterial to it. and such a- relate solely to fish or their propagation, have been omitted. Suc\\ omission is indicated by three stars ( * * * ). Amendments to the original acts are plainly indicated, usually at the beginning of each section, and in several instances the text has been annotated by refer- ences t«» decisions of the courts involving the provision in question. Statements in the first part of the bulletin can. in most cases, 1)0 readily verified on referring to the proper paragraph under the corre- sponding State in Part 1 II. In selecting the matter here presented the three main objects in view have been ( 1 ) to furnish a convenient compilation for the use of those who do not have access to the statutes or who encounter difficulty in finding a particular provision in the mass of other matter usually con- tained in the laws, (2) to place at the >er\ ice of wardens and others actively engaged in enforcement of the laws the provisions under which they may act, and (3) to bring together in compact and con- venient form the provisions of the statutes of each State which have been found effective in order that persons interested in new game legislation may know the provisions in operation in other States. ALABAMA Laws of 1907, No. 18, p. 12. State game and fish commissioner, election, salary : Sec. 17. That the mem- bers of the .-mate and house ol representatives of this state shall meet in joint - 38 i as soon as practicable after the approval of this act. and in such joint B Except those of < reorgia, Michigan, Nebraska, and Nevada, which have not yet been received. 137 138 GAME COMMISSIONS AND WARDENS. shall duly proceed to elect some person skilled in matters relating to game or fish, State Game and Fish Commissioner, said person shall be known as a State Game and Fish Commissioner of the State of Alabama, and shall hold his office until the first Monday after the second Tuesday in January, 1909, or until his successor in office is duly elected and qualified. The successor to the State Game and Fish Com- missioner shall be elected by the qualified electors of the State at the general election in 1908 and every four years thereafter. The Department of Game and Fish of the State of Alabama, is hereby established and created, and shall be known and termed as smh. The State Game and Fish Commissioner shall receive a salary of 82,500.00 (twenty-five hundred dollars) per annum, payable monthly out of the game and fish protection fund, in the same manner as other State officers are paid, but the said State Fish and Game Commissioner shall not be allowed any reimbursement for his expenses in travelling over the State in the discharge of the duties of his office. ! Accounts of commissioner, report : Sec. 18. The State Game and Fish Com- missioner shall be provided with a suitable office in the State capitol, and is hereby authorized upon the approval of the governor to employ a clerk when necessary. At the end of each calendar month said game and fish commissioner shall file w r ith the governor an itemized statement, under oath, of all sums of money received or expended by him in the discharge of his official duty, including clerical services, salaries, and expenses of deputies while traveling under special orders as hereinafter provided, postage, stationery, and other necessary incidental expenses. Upon the approval of such accounts by the governor, the State auditor shall draw his warrant for such amount which shall be paid monthly out of the game and fish protection fund and the clerk authorized by this act, shall receive two dollars per day while engaged in such service. The office and accounts of the State Game and Fish Com- missioner shall be audited by direction of the governor in the same manner as the office and account of any other State office are audited. Bond, oath: Sec. 19. [Bond of State Game and Fish Commissioner, $5,000; he is required to take the constitutional oath of office.] Report: Sec. 20. The State Game and Fish Commissioner shall keep a seal of office which shall be used to authenticate all papers and documents issued and exe- cuted by him as such officer. In the month of October, in the year 1910, and every four years thereafter, the State Game and Fish Commissioner shall make a report to the governor showing the official business transacted by him. Such report shall show the number of hunter's license issued, together with all fees proceeding there- from. It shall show what moneys have been received by the game and fish depart- ment from other fees and from other sources. It shall show the number of wardens employed under special instructions, and shall give all necessary information con- cerning the affairs of the department of game and fish. Such report to be published in pamphlet form. Duties of commissioner: Sec 21. It shall be the duty of the State Game and Fish Commissioner to enforce all laws that are now enacted or that may hereafter be enacted, for the protection, preservation, and propagation of game animals, birds and fish in this State, and to prosecute all persons who violate such law. Such game and fish commissioner shall at any and all times seize any and all birds, animals or fish which have been caught or killed at a time, in a manner or for a purpose or in possession or which have been shipped contrary to the laws of this State. Printing, blanks: Sec 22. [Blanks and necessary printing allowed the Commis- sioner, expense payable from game protection fund.] Powers of commissioner and wardens: Sec 23. The State Game and Fish Com- missioner and his deputies shall have the same power to serve criminal processes as sheriffs and constables. \i m. \ m \. 1 89 Wardens' appointment, twin, po nn ; Ssi 24 Pho state Game and I I oner, .-li.il I a.< soon as practicable, after assuming ill" .hit i.- of bis office, appoint nd with the consent and approval of the governor, some person skilled in mi relating to game and fish, game and fish wardens, in each county in this State, and such i appointed shall be known as county game and fish wardens. Said irardens wall assist the State Game and Fish Commissioner in 1 1 1 « - discharge ol hi- official duties, and said warden Bhall have like power and authority herein provided for the State Game and Fish Commissioner, relative t<> the enforcement of this law, but said deputies ami wardens shall be subject to the supervision and direction of the State Game and Fish Commissioner and Bubject to removal for cause by him. Said irardens shall hold office for four years, or until their successors are duly appointed; before entering upon the discharge • >!' their official duties each county game and fish irarden shall give bond in the Bum of five hundred dollars, payable to the State of Alabama, with two or more sureties, to be approved by the secretary ol State, con- ditioned that he will well and truly account for and legally apply all money which ina\ come into his hands in his official capacity and that he will faithfully perform all the duties enjoined upon him by law. Wardens' compensation: Sec. 25. Bach county game and fish warden shall receive one-half of all lines, forfeitures and penalties collected in the county in which he hoid< (.Mice. And Buch moneys shall be so paid by the court- collecting the Bame, and the remainder shall be forwarded to the Mate treasurer and covered into the lame and tish protection fund. Publication of game laws: Sec. 26. The State Game and Fish Commissioner by ainl with the consent of the governor shall cause to be published in pamphlet form for general distribution the laws relating t«» game, lards and lish. Ex officio game wardens: Sec. 29. All sheriffs, deputy sheriffs, marshals, con- rtables, or other peace officers in this state are hereby declared ex officio deputy panic and fish wardens. License: Sec. 31. [Requires resident to procure license to hunt outside his beat, waul or voting precinct; fee, $1.00.] Same: Sec. 32. [Requires resident to procure a license to hunt outside the county of his residence: fee, $3.00.] Same: Sec. .">:'>. [Requires nonresidents of the State, and aliens, to procure license to hunt; fee, $15.00.] Game fund: Sec '-'A. [Probate judges issue all licenses and they are required to remit to the State treasurer each month, the amounts they receive, less their fee of 15 cents for each license issued; the State treasurer musl sel aside all moneys ceived as a game and fish protection fund.] Game and fish protection fund: Sec. :'M All moneys sent to the State treasurer in payment of hunting licenses, tine-, penalties and forfeitures, arising under the provisions of this act. shall he set aside by the State treasurer and shall constitute a fund known as the " Game and Fish Protection Fund," for the payment of the Salary of the State Game and Fish Commissioner and his necessary incidental ex- •>, also tie- payment of the expenses of the game and tish warden when acting under special instructions. The expenses incurred lor any purpose or in conse- quence of this act, shall be limited to the amount of money in the game and tish protection fund, and in no event shall the State pay any such salaries or expene he liable in any manner therefor except to the extent of such game and fish protec- tion fund, and the State Game and Fish Commissioner shall not issue any voucher nor shall the State auditor approve any voucher if issued by the said State < rame and Fish Commissioner for any services or any expenses of any kind unless the money to pay such voucher shall at the time be on hand in the State treasury to the credit of the State game and lish protection fund. 140 GAME COMMISSIONS AND WARDENS. "Wardens' compensation in special cases: Sec. 41). Game and fish wardens acting under special instructions shall receive three dollars per day for their .services. Report of prosecutions: Sec. 41. That it shall he the duty of every justice of the peace, and clerk of any court before whom any prosecution under this act is com- menced, or shall go on appeal and within twenty days after trial or dismissal thereof to report in writing the result thereof and the amount of line collected, if any, and the disposition thereof to the State Game and Fish Commissioner. All moneys col- lected from lines, penalties or forfeitures under this act, shall belong to the game and lish protection fund with the exception of that part which under this act belongs to the wardens, and shall be paid over by the officer authorized to collect said money to the State treasurer on or before the lirst day of each month, and shall be con- veyed by him into the game and fish protection fund. And the State treasurer shall report on the first day of each month to the State Game and Fish Commissioner the exact amount of money to the credit of the Game and Fish Protection Fund. Fines: Sec. 45. All fines imposed under the provisions of this act shall l>e paid in lawful money, that is to say, in currency of the United States of America. Charge to grand jury: Sec. 46. That circuit judges and the judges of concurrent jurisdiction in this State, be, and they are hereby required to give the grand juries when organized, the provisions of this act strictly in charge and to urge strict inquiry into infractions thereof. Prima facie evidence: Sec 9. * * * It is further declared unlawful to make use of any artificial light in hunting or killing deer. And the wearing or having such light on the head or any part of the body w r hile hunting shall be prima facie evidence of the violation of this section. * * * Warden's costs: Sec 13. That when an arrest for a violation of this act is made by the State Game and Fish Commissioner or by any warden and the defendant is con- victed, there shall be taxed as cost in favor of such warden making the arrest, the same fee as a constable is entitled to in misdemeanor cases, and if collected from the defendant shall be paid over to such warden and shall be his personal perquisite. But no fee shall be allowed in cases of acquittal. Procedure, separate offense: Sec 14. * * * whenever the possession, use, importation, transportation, storage, sale, offering or exposing for sale of game or birds, is prohibited or restricted, the prohibition or restrictions shall extend to and including every part of such game and a violation as to each animal or bird or part thereof shall be a separate offense and two or more offenses may be charged in the same affidavit, complaint or indictment, and proof as to part of a game bird or animal shall be sufficient to sustain a charge to the whole of it; and the violation as to the number of animals or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal, bird or game. Corporation, arrest, &c. : Sec 15. In cases of violation of this act by a corpora- tion the warrant of arrest may be read to the president, secretary or manager in th State, or to any general or local agent thereof, in any county where the action or indi ment is pending, and upon the return of such warrant so served the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corporation, but this section shall not be construed to exempt any agent or employee from prosecution. Failure to perform duties, misdemeanor: Sec 16. Any official, officers or warden, who shall fail to perform any act, duty or obligation enjoined upon him by the provisions of this act, shall be deemed guilty of a misdemeanor and on convic- tion shall be punished by a fine of not less than fifty nor more than two hundred dollars. Approved Feb. 19, 1907. ra- 2 ILA8KA ARIZONA. Ill ALASKA. : . ehap. L087, p. 8 Forfeiture of gamej ;:nn-, boats, &c. : Sec. 6. Thai any person violating any of the provisions ol this \> t or anj of the regulations pr algated by the Becretar) of Agriculture shall be deemed guilt} of a misdemeanor, and upon conviction th< ■hall forfeit t.> the United States all game or birds in his possession, and all guns, traps, nets, or boats used in killing or capturing said game or birds, and shall be pun- ished lor each offense l>\ i fine of not more than two hundred dollars or imprison- ment no1 more than three months, or by both Buch fine and imprisonment, in t te discretion of the court: Prm idtd, That upon conviction for the second or any Bubse- quent offence there may be imposed in addition a fine of fifty dollars for any viola- tion of sections one and three, and a fine <>i' one hundred dollars for a violation of section two. Officers' arrest, seizure: It is hereby made the duty of all marshals and deputy marshals, collectors or deputy collectors of customs appointed for Alaska, and all officers of revenue cutters to assist in the enforcement of this Act Any marshal or deputy marshal may arrest without wan-ant any person found violating any of the provisions - t this Act or any of tin- regulations herein provided, ami may seize any game, birds, ■■!■ bides, and any traps, nets, guns, boats, or other paraphernalia used in the capture of such game or birds and found in the possession of said person, and any collector or deputy collector of customs, or any person authorized in writing by a marshal, shall have the power above provided to arrest persons found violating this Ait orsaid regulations and seize said property without warrant, to keep and deliver the same to a marshal or a deputy marshal. It shall be the duty of the Secretary of the Treasury upon request of the Secretary of Agriculture to aid in carrying out the provisions of this Act: * * * Approved. .Inne 7. L902. ARIZONA. Revised Statutes, 1901, Chap. XI, p. 149. Fish and game commissioners, term: Sec. 171. The governor shall appoint three fish and game commissioners, who shall hold office two years and until their successors are appointed. The commissioners shall receive no compensation for their services. Duties of business agent: Sec. 172. The commissioners bo appointed may, by resolution, designate one of their number as the business agent of the hoard; and it shall he his duty to keep minutes of the acts and proceedings of said hoard from time to time, to collect, classify and present to said board such statistics, data and information a- the hoard may order, or he may think will tend to promote the object of this title, and to conduct the correspondence and take charge of and safely keep the reports, books, papers, documents, etc., w bich may be collected by the commis- sioners, and to prepare an annual report of the board to the governor, which report shall contain such recommendations for le:_ r i-lati\e action as the commissioners may deem best calculated to promote the cultivation and increase of game and the food fishes in the Territory of Arizona. Duties of commissioners; Fish: Sec. 17:;. [Duties of commissioners respecting fish culture.] Duties of commissioners; Game: Sec. 174. It is the duty of the fish and game commissioners: (1) To see that the laws for the preservation of fish and game are strictly enforced: and for that purpose they may from time to time employ such assistants as they shall deem necessary, without cost to the territory, which persons so appointed as assist- 142 GAME COMMISSIONS AND WARDENS. ants shall have all powers and authority of sheriffs to make arrests for violation of Buch laws throughout the territory. (2) To import the spawn or ova of fish suitable for food. (3) To provide for the distribution and protection of game birds imported into this territorv for the purpose of propagation, and also birds that are natives of this territory. Posting 1 lands; Penalties: Sec. 175. They may cause notices to be posted upon private grounds at the request of the owner or lessee of such grounds, that shooting or fishing therein is prohibited, and when such notices are posted by authority of such commissioner, it shall be a misdemeanor for any person to shoot or fish on such grounds, without the permission of the owner or lessee of such grounds, and punishable as misdemeanors are punishable in the Penal Code, and fines collected on conviction therefor shall, after deducting the expenses of the court, be paid over, to such commissioners, to be by them expended in carrying out the objects of this chapter. Laws of 1905, chap, 25, p. 29. Prima facie evidence: Sec. 8. Proof of possession of any game or fish mentioned in this Act, which shall not show evidence of having been taken by means other than a net, snare, trap or pound, shall be prima facie evidence in any prosecution for violation of the provisions of the preceding section [prohibiting netting, trapping and snaring game] that the person in whose possession such game or fish is found, took, killed or destroyed the same by net, snare, trap or pound. License fees: Sec. 24. * * * The moneys received from the sale of nonresi- dent licenses shall be used by the Fish and Game Commissioners in the proper dis- charge of their duties; provided, that the Fish and Game Commissioners shall include in their biennial reports a statement of all licenses issued under this section, and an itemized statement of all moneys expended, and the surplus, if any there shall be, shall be remitted to the Territorial Treasurer and placed in the General Fund. Arrest: Sec 25. A Fish and Game Commissioner and his deputies shall have authority to arrest without writ, rule, order or process any person in the act of com- mitting a crime in violation of any of the provisions of this Act, and they are hereby made peace officers of this Territory for that purpose. " Peace officers: Sec. 26. * * * It is hereby made the duty of any peace officer to arrest any person or persons violating any of the provisions of this Act, and to take them before any civil authority competent to try the offense. Any peace officer, game commissioner, or deputies, who shall see, or be informed of, or become cognizant of, any person or persons violating any of the provisions of this Act, and who shall fail to perform his duty as prescribed in this section, shall, upon convic- tion thereof, be fined in the sum of twenty-five dollars. One-half of all fines col- lected under the provisions of this Act shall go to the person or persons upon whose testimony such conviction is secured; the remaining one-half shall be paid into the school fund. Approved March 4, 1905. ARKANSAS. Digest of the Statutes, 1904, Chap. LXIX, p. 828. Peace officers; Arrest; Penalties: Sec 3622. The sheriff of each county, or any constable thereof, is hereby constituted ex officio game warden for his respective county, and his deputies shall be deputy game wardens, by virtue of their appoint- «Deer, elk, sheep, goat, antelope, quail, partridge, grouse, pheasant, wild turkey, snipe, and rail. LBK LNBAi CALIFORNIA. I 19 inriit as deput) sheriffs. It -hall be th€ doty of the game warden 01 stable pr deputy, to make Arrests, and prosecute offenders, under tlu> i I other misdemeanor canen, l>efore an) justice of th< ind without I- "'I t.. give bond for costs. \nl it Bhall be a misdemeanor in office foran or deputy to fail to prosecute f this act All fines collected un.. shall go t>> thai game warden or deput) or constable making tin- arrest and securing thf t<.n\ iction. Arrest: S An\ justice of the peace upon information received thai any of the provisions of this act have been or are being violated, Bhall issue his warrant of arresl directed to an) sheriff or constable, or other peace officer, commanding that said offender l>e at once arrested and held for trial. No bond Bhall be required Vny constable, sheriff or other officer failing or refusing to serve said mt, shall Ik* guilty of a non-feasance in office, and upon conviction shall be fined in an) sum nol less than fifty nor more than one hundred dollars, and be removed from office. Refusing or opening" packages: Bbc. 3626. Common carriers may refuse any package which they may Buppose contains fish or game designed for export and may paid package to be opened, or may satisfy themselves in any ether way that .-aid package does nol contain game or fish, a CALIFORNIA. Political Code 1897, Art. I, p. 62. Fish commissioners: [Sec. .">4.">. There are .'! tish commissioners.] Art. II, p. 69. Appointment: [Sec.] 368. The following executive officers are appointed by the rnor, with the consent of the Senate: * * * (3) the fish commissioners [who hold office during the pleasure of the < lovernor]. Art. XVII. Duties: [Sec.] 642. It is the duty of the Fish Commissioners: 1. To see that the laws for the preservation of li>h and game are Btrictly enforced; and for that purpose they may from time to time employ such assistants as they shall deem necessary, which persons so appointed as assistants shall have all powers and authority of sheriffs to make arrests for violation of such laws throughout the State. ******* 7. To provide for the distribution and protection of game birds imported into this for purposes of propagate n. 8. To report biennially to the Governor a statement of all their transactions and disbursements. Compensation: [Sec.] '»4."». The commissioners receive no compensation. Appendix, p. 1031 Statutes 1895, Chap. CLXV. i County wardens: Sec. 1. The hoard of supervisors of each and every county in in- may, in its discretion, at their fir>t meeting held in April, eighteen hundred and ninety-live, and at their first meeting held in January, eighteen hundred and ninety-seven, and in January every two years thereafter, appoint a suitable ; i ve for the period of two years from the date of his appointment as tish and warden of the county, which office is hereby created; * * * Duties: Sec. -. Said fish and game warden shall enforce the sta e law-, relating to the protection of tish and .name, and he shall be vested with all the powers of a peace officer to made arrests for the violation of such laws. « See Wells Fargo Express Co. v. State, 96 S. W., 189. 144 GAME COMMISSIONS AND WARDENS. Salary: Sec. 3. The salary of said lish and game warden is hereby fixed, in accordance with the classification of counties, as follows: Salary; Reports; Removal: Sec. 4 [as amended by Laws of 1905, Chap. 000V]. For counties of the second class [150,000 to 300,000], one hundred and twenty-five dollars per month; for counties of the first and third classes [300,000 and over, 100,000 to 150,000], one hundred dollars per month; for counties of the fourth, fifth and sixth classes [3.s,000 to 100,000], the sum of seventy-five dollars per month; for counties of the seventh, eighth, ninth and tenth classes [27,400 to 38,000], the sum of sixty dollars per month; and for all other classes from the eleventh to the fifty-third, inclusive, the sum of fifty dollars per month. In addition thereto said warden shall be allowed a sum not to exceed twenty-live dollars per month for expenses incurred by him in the performance of his duties. Said salary and expenses incurred must be paid monthly from the county treasury. Said fish and game war- den shall, before entering upon the discharge of his duties, execute a bond with sureties in such sum as may be required by the board of supervisors, for the faithful and proper discharge of his duties as such fish and game warden. Said warden shall report quarterly to the board of supervisors of his county, giving a detailed statement of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Such officers may be removed by the board of supervisors for intemperance, neglect of duty, or other good and sufficient reasons. Approved March 26, 1895. Penal Code 1897. Prima facie evidence: Sec. 631. [as amended by Laws of 1905, chap. 287. Pro- hibits use of nets, pounds, cages, traps, set lines or wires in taking any game, and sale, transportation and possession of game so taken.] Proof of possession of any such birds or animals which do not show evidence of having been taken by means other than a net, pound, cage, trap, set line or wire, or by the use of any poisonous substance, is prima facie evidence in any prosecution for violation of the provisions of this section, that the person in whose possession such birds or animals are found, took, killed, or destroyed the same by means of a net, pound, cage, trap, set line or wire, or by the use of poisonous substance. Penalties: Sec. 631b. [Added in 1901] All fines paid or collected for the viola- tion of any of the provisions of sections [626-626k, 626m, 627-627b, and 631, includ- ing all provisions respecting seasons, methods, bog limits, etc.,] of this chapter, must be paid by the court in which the conviction shall be had into the state treasury to the credit of the game preservation fund, which fund is hereby created, and" the moneys in said fund shall be applied to the payment of claims approved by the game commissioner of the state board of fish commissioners for the expense of pro- tecting, restoring and introducing game into the state and to the payment of the expenses incurred in the prosecution of offenders against the provisions of the above named sections. Laws of 1907, chap. 206, p. 247. [An Act to require all persons who hunt to take out a license] Fees: Sec. 3. [Resident SI; nonresident $10; alien 825.] Disposition of fees: Sec. 6. All moneys collected for licenses as provided herein, ami all tines collected for violation of the provisions hereof, shall be paid into the state treasury and credited to the game preservation fund. Production and transfer of license — forfeiture: Sec 8. Every person having a license as provided herein, who while hunting or killing game, refuses to exhibit such license upon demand of any officer authorized to enforce the game laws of the state, or any peace officer of the state, shall be guilty of a misdemeanor; and every person lawfully having such license, who transfers or disposes of the same to another person to be used as a hunting license, shall forfeit the same. I OLOB LDO. 1 15 COLORADO. Laws of L890, chili). i)H » 1>- 18 4. I>i\ I8IOK \. GCNBRAl l'K"\ BIOMS. Department of game and Bah; Oommiaaioner; Deputy Oommiaaioner; Com- pensation: Sec. l. [A- amended in 1907] The departmenl of game and Bsh it hervb) . rested an.l immediately upon the passage oi this A. i. and every two tfter, the governor shall, b\ and with the consent ol the Senate, appoint some ::, skilled in matters relating to game and fish, to !><• the stair < lame and Fish ('.•nuiii.--ii.iHT who shall be the head of the Game and Fish Department and shall tak«- his office on the first day ol April of each biennial period. The < rovernor may at any time remove the Commissioner for cause, and in vacation of the Senate may till any vacancy in the office for the unexpired term by appointment in \\ riting filed w itli tin- Secretary <>f State. The Commissioner Bhall be a resident and citizen of this Btate, and shall hold his office for the term of two years or until his successor shall be duly appointed and Qualified; tin.' Commissioner shall receive a salary of eighteen hundred dollars • per annum, together with his reasonable and necessary traveling expenses, not exceeding -i\ hundred dollars | *»>00. i per annum, t<» be paid as the -alary and fcxpenses of other state officers; and such Commissioner shall have the power to apjMtint a Deputy State Game and Fish Commissioner at a salary of fifteen hundred dollars ($1,500. per annum, together with his reasonable and necessary traveling fcxpenses, not exceeding four hundred dollars ($400.) per annum, to be paid as the salary and expenses of the Commissioner are paid: and the Commissioner ma) revoke such appointment at any time and appoint a successor. Bond: Sec. 2. [Bond of Commissioner $5,000.] Office; Clerk: Sec. :;. The commissioner Bhall be provided with an office at the Rate eapitol, and with suitable furniture, stationery and other facilities for the trans- action of the business of his department. He may appoint a clerk at a salary not ling £1,000. per annum, and may tit any time remove said clerk and appoint a SUrct-- ir. Chief wardens; Deputy wardens; Special wardens; Posse; Bond: Sbc. 4. tended by Laws of 1903, chap. 112] The commissioner may in writing appoint and keep in service not more than livechief game wardens, who shall Ik- resident - citizens of this state. such appointments to be tiled with the State Auditor. Each chief warden shall receive a salary of $900.00 per annum, and his reasonable and sary traveling expenses, not exceeding $300.00 per annum. If deemed i. sary for the proper enforcement of this act, the commissioner may, with the approval <>f the governor, appoint deputy game wardens for a limited time, and not exceeding ten in number at any one time, at a compensation not exceeding $100.00 per month, each, while actually engaged in duty, which shall he in full for services and ordinary expenses. The commissioner may also appoint special game warden.-, to serve without pay, who shall have the same powers as deputy wardens. The commis- sioner may revoke the commission of any warden, and appoint hi- successor at pleasure. In case a pi >sse is summoned by the commissioner to a— i-t in the enforce- ment of this act the expenses thereof shall he paid by the Btate. The commissioner (hall require of each warden the giving of a bond in a sum not exceeding $1,000.00 lor the faithful discharge of his duties and the prompt accounting for and payment of any moneys coming into his hands by virtue of his office. Regulations: Sec. 7. The commissioner shall have power to prescribe such rules, regulations and forms as may be required to carry out the true intent of this act, and not inconsistent herewith. 14(3 GAME COMMISSIONS AND WARDENS. Game fund; Deficiency: Sec. 8. Except as herein otherwise specially provided, all moneys received under this act by a warden shall be paid over to the commis- sioner. Those received by the commissioner shall be paid over monthly to the state treasurer, and those received by the state treasurer, from whatever source, under the provisions hereof, shall constitute a game fund, and be used exclusively for the pay- ment of the salaries and expenses incurred as provided herein, and in the event such fund shall at any time prove insufficient, the deficiency shall be paid out of any moneys in the state treasury, in the same manner as those of other state officers, and such appropriations shall be made as may be necessary therefor. Payments of sala- ries and expenses shall be made monthly upon verified accounts in detail, approved by the commissioner and governor, and warrants drawn by the auditor of state. Duties and powers: Sec. 9. [Commissioner and chief wardens shall devote their entire time to the duties of their office, and shall prosecute violators of this law. They have all the rights and powers, throughout the state, of sheriffs and constables.] Biennial report: Sec. 10. [The commissioner required to make biennial report to the governor, cost of report not to exceed $200.] Peace officers; Arrest; Search: Sec. 11. The commissioner and every warden throughout the state, and every sheriff and constable in his respective county, is authorized and required to enforce this act and seize any game or fish taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and with or without a warrant, to open, enter and examine all camps, wagons, cars, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, and packages where he has reason to believe any game or fish taken or held in violation of this act, is to be found, and to seize the same; Provided, That a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. Use of vehicle: Sec. 12. Where game or fish, while being transported, is seized under this act, the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a conveniennt railroad station or place of safe-keeping or sale, and also for conveying any person arrested for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or to any railroad car. Indians: Sec. 13. In case Indians or other persons shall engage in the hunt ng or killing of game or fish in violation of this act, in such number as to be beyond the reasonable power of the commissioner or any chief warden to control, or in case of forcible resistance to the enforcement thereof, it shall be the duty of the sheriff of the county in which such violation exists, upon demand of the commissioner or any chief warden, to aid him in the enforcement of this act, and to call to his assistance at once a sufficient number of persons to enforce the same promptly and effectually, or, if by him deemed necessary, said commissioner or chief warden may call such assist- ance without the intervention of the sheriff. The failure, without good cause, of any person called to assist in such enforcement to respond and render such assistance shall be deemed a violation of this act. Forest officers: Sec. 14. * * * Every officer having authority in relation to timber or timber reserves of the United States shall have the same authority under this act as a deputy warden. Replevin: Sec. 15. The commissioner may, if he so elect, bring and maintain a civil action in the name of the people of the state for the possession of any game or fish taken, killed or held in violation of this act, or for the value thereof, against any person in possession or exercising control over the same, and if required by the I <»|. m|; \|,M. 1 }7 commissioner, a writ of replevin shall issue therein withonl bond No pn demand for possession shall !"• necessan Ii [judged in •i the defendant, the Bame shall be i ►.•.!• I out of the gatne fund Neither the if such action nor of a criminal prosecution shall beabai to the other, nor shall anything in this section affect the righl of seizure under the othei \ bioilS -•! this act. Prima facie evidence: Sec. I' 1 . The possession at anytime of game or fish unaccompanied In a proper and valid license, certificate, permit, or invoice, as I i provided, shall l>e prima facie evidence thai Buch game or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of e\ ery person having the possession or cnnirul of game or fish i" produce the proper license, certificate, permit, or invoice, when one is required by this act, on demand of any officer, and ti> permit the same to be inspected and copied by him. Corporations: Sec. 21. In case of a violation of this act by a corporation, the warrant of arrest may be read to the president, secretary or manager in this state, or any general or local agent thereof in tin- county where the action is pending, and Bpon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of Buch corporation, but this section shall not be deemed to exempt any agent or employe from prosecution. Division 1). Sale of confiscated game: Sbc. 9. All game and fish seized under this act shall, without unnecessary delay, be sold by the officer seizing the same, or by the com- missioner, except when a sale is impracticable or is likely to incur expenses exceed- ing the proceeds, in which case the same shall be donated to any needy person not concerned in the unlawful killing or possession thereof. The proceeds thereof, after deducting the costs of seizure and sale, shall, if made by the commis- BOner or any warden, be paid into the state treasury, but if made by a sheriff or able shall be paid, one-half to the commissioner and one-halt into the treasury of the county where the seizure was made. Division E. Prima facie evidence: Sbc. 2. The naming of game or fish upon any such menu a> food for patrons shall be prima facie evidence of the possession of the Bame by the proprietor of such hotel, restaurant, cafe or boarding house. Division F. Destruction of appliances: Sec. 2. Every net, seine, trap, explosive, poisonous or Btupefying substance or device used or intended for use in taking or killing game or fish in violation of this act * is hereby declared to be a public nuisance and may be abated and summarily destroyed by any person, and it shall be the duty Of every officer authorized to enforce this act to seize and summarily destroy tin* same, and no prosecution or suit shall be maintained for such destruction. * * * Division G. [Added by Laws of 100:5, Chap. 112.] Prima facie evidence: Sec. 10. The possession of protected game at any time in the field, shall be prima facie evidence that the party having such possession is engaged, or has been engaged, within the year in hunting the Bame. Peace officers; Production of license: Sbc. 11. The commissioner and every warden throughout the state and every sheriff and constable within his respective county, is authorized, and it shall be his duty, to arrest any person guiky of a viola- tion of this division, and to demand of any person whom he has reason to believe is 4358— No. 28—07 11 148 GAME COMMISSIONS AND WARDENS. or has been engaged in hunting in this state, within the year, the immediate produc- tion of a proper license therefor, and an opportunity to inspect and copy the same, and it shall be the duty of every person required by this act to procure and have in possession such license, to so produce the same, and permit such inspection and copying. Division H. [Added by Laws of 1903, Chap. 112.] Guides: Sec. 2. Every guide licensed under this act" shall, by virtue of such license, be entitled to act as a deputy warden, without pay, and when commissioned as such, shall have all the powers of a deputy warden, as provided in said act, and if he shall violate, or connive or assist in any violation of this act, his license and com- mission may be revoked by the commissioner, and he shall be disqualified to act as a guide during that year, and also be liable to punishment as for a violation of said act. Guide's report: Sec 3. Every guide shall, as often as requested and on blanks furnished by the commissioner, report under oath to the commissioner the names and number of persons guided by him, the number of days he has been so employed, and, as near as practicable, the number of game and fish taken or killed by such persons and himself, and such other information as the commissioner may deem desirable. * * * Division K. [Added by Laws of 1903, Chap. 112.] Civil action: Sec. 3. The commissioner, or any warden, if he so elect, or any other officer charged with the enforcement of the laws relating to game and fish, if so directed by the commissioner, may bring a civil action in the name of the state against any person unlawfully wounding or killing, or unlawfully in possession of any game quadruped, bird or fish, and recover judgment for each such animal the following minimum sums as damages for the taking, killing or injury thereof to- wit: [Elk, sheep, S200; deer, 850; antelope, $100; buffalo, SI, 000; bird, $10.] No ver- dict or judgment recovered by the state in such action shall be for a less sum than hereinbefore fixed, but may be for such greater sum as the evidence may show the value of the animal to have been when living and uninjured. Such action for damages may be joined with the action for possession now provided in said act, and recovery had for the possession and also the damages as aforesaid. All moneys collected under this section shall be immediately paid over by the justice or clerk of the court collecting the same, as follows: One-third into the treasury of the county where the offense was committed, one-third to the fish and game fund, and one-third to the person instituting the action: Provided, That if the person insti- tuting the action shall fail for ten days after such collection, and due notice thereof, to demand the portion to which he is entitled, same shall be paid to the fish and game fund and the right of such person thereunder shall be deemed forfeited. The commissioner, any warden or officer instituting a prosecution shall be entitled to a share in the fine collected the same as any other person and shall be a personal per- quisite for which he need not account. Neither the pendency nor determination of such action, nor payment of such judgment, nor the pendency nor determination of a criminal prosecution for the same taking, wounding, killing or possession shall be a bar to the other, nor affect the right of seizure under any other provision of the laws relating to game and fish. Suspension of penalty: Sec 4. No fine, penalty or judgment assessed or ren- dered under this act * * * shall be suspended, reduced or remitted otherwise than as expressly provided by law. «The guide's license is additional to the hunting license. COLORADO, I I'.' Publication of laws: »ner requ r» nd publish in pamphlet form ever) two eral distribution, the fish and game la* 1 hi- pamphlet to ted in all courts .1- p IHV of the existence < • such law -. rules and regulatioi Division I Empriaonxnent: S ry person convicted and fined under tin- ad -hall be Imprisons! until the tine and costs are paid, and -hall not be discharged therefrom on :it of hi- inability to pa\ the same until he shall have been actually imprisoned our day for each $5 of the fine. Prosecutions: £ secutions under this act may be commenced either by Indictment, complaint «»r information, and district and county courts and justi< • pe peace in their respective counties -hall have concurrent original jurisdiction of ■11 offenses under thi- act, except those contemplated in Bection 3 of this division [protecting buffalo] of which justice of the peace shall not have jurisdiction other- than as committing magistrates. < Jury trial; Appeals: Sec. 7. The accused shall be entitled to a jury as in other criminal cases, and an appeal shall lie from a justice of the peace as in cases of assault and battery. Appeals from and writs of error t<> the district and county courts shall - in other criminal cas< - District attorney: Sec. s . It shall be the duty of each district attorney to prose- cute all violations of this act, occurring within his district, that may come to his knowledge, or when go requested by the commissioner or any officer charged with its enforcement, the same at all times to be subject to the supervision and control of the commissioner. Exemption of witnesses: Sec 9. In any prosecution under this act, any partici- pant in a violation thereof, when bo requested by the district attorney, commissioner, warden or other officer instituting the prosecution, may testify a- a witness against any other person charged with violating the same, and his evidence so given shall not be tgainst him in any prosecution for such violation. Fines: Sec. 1". All moneys collected for fines under this act -hall he immedi- ately paid ov.r by the justice or clerk collecting the same, as follow-: < Mie-third into the treasury of the county where the offense was committed, one-third to the com- ner. and one-third to the person instituting the prosecution. Tin' commissioner, any warden or officer instituting a prosecution shall be entitled to a share in the tines collected the same as any other person, and it shall be a personal perquisite for which he need not account. Report of trial: Sec 11. It shall be the duty of every justice of the peace and clerk of a court before whom any prosecution under this act is commenced or shall po on appeal, and within twenty days after the trial or dismissal thereof, to report in writing the result thereof and the amount of fine collected, if any. and the dis- position thereof to the commissioner at Denver. Division- M . Costs: Sec. 4. When an arre.-t for a violation of thi- act is made by a sheriff or constable, the usual fees in a case of misdemeanor shall be taxed in his favor, and if not collected from the defendant, or if the defendant i- acquitted, shall be paid by the comity; and the necessary and ordinary ivt-< and expenses of every posse law- fully summoned and engaged in the enforcement of this act shall be taxed as a part of the costs, and if not collected from some person liable therefor, shall be paid out of the state treasury in the same manner as is provided for the payment of the expenses of the commissioner. Fees: Sec 5. When an arrest for a violation of this act is made by the commis- 150 GAME COMMISSIONS AND WARDENS. sioner, or a warden, and the defendant is convicted, there shall be taxed as costs in favor of the officer making the arrest the same fees as a constable is entitled to in a case of misdemeanor, and if collected from the defendant, shall be paid over to such officer and shall be a personal perquisite for which he need not account, but no bucIj fees -hall be allowed in case of acquittal, nor shall the county or state be liable for Bach fee- in any event. Allowances under sale: Sec. <>. In case of a seizure and sale of game or fish taken or held in violation' of this act. the officer making the same shall be entitled to the mileage allowed to a constable for Berving a writ of replevin, and the reasonable cost of transporting the game or fish to the place of sale, and. $3 per day for each day actually and necessarily spent in making the sale, which sums he may deduct from the proceeds of sale, but in no event shall the county or state be liable for any defi- ciency, and such fees when earned by the commissioner or a warden shall be a personal perquisite for which he need not account but when such fees are collected from the proceeds of sale no other expenses shall be allowed any officer on account of the seizure, transportation or sale. Report of sale: Sec. 7. In all cases the officer making a seizure or sale shall, within ten days thereafter report all the particulars thereof and an itemized state- ment of the proceeds, expenses and fees and the disposition thereof, and pay the remainder of the proceeds, if any, to the commissioner. Approved April 27, 1899. CONNECTICUT. Revised Statutes, 1902, chap. 189, p. 781. Commissioners of fisheries and game: [Sec] 3094. On or before May first, 1903, and biennially thereafter, the governor shall appoint three commissioners of fisheries and game, who shall serve for two years from the first day of July following their appointment, and until their successors are duly appointed, unless sooner removed by the governor. Compensation: [Sec] 4811. * * * There shall be paid * * * To each commissioner of fisheries and game, three dollars a day, also his actual expenses while officially employed, and a sum not exceeding two hundred dollars a year for the clerical expenses of the commission; * * *. (Chap. 284, p. 1152. ) Duties; Powers: [Sec] 3095. The duties of the commissioners of fisheries and game shall be as follows: * * * the introduction, propagation, and distribution of such food fish and game as are adapted to the waters or lands of this state, and the appointment of fish and game wardens and inspectors as hereinafter provided. They shall cooperate with the United States fish commission and with the different fish and game commissioners of other states, and shall report to the governor on or before the first day of December next preceding the convening of the general assembly, giving a detailed statement of their receipts and expenditures. They shall enforce all laws relating to fish and game and shall perform such other duties as are or may be imposed upon them by law. For the purpose of enforcing the provisions of this title, each of the commissioners shall have the same power as grand jurors or prosecuting officers. Wardens: [Sec] 3096. On or before September first, 1903, and biennially there- after, the commissioners of fisheries and game shall appoint one person in each county as a fish and game warden, who shall serve for two years from the date of his appointment. Peace officers; Special protectors; Search: [Sec] 3097. Fish and game wardens and other officers shall have the power, without warrant, within their respective precincts, to arrest for the violation of any law relating to fish and game. The fish and game warden for any county shall, within thirty days after his appoint- \ i . 1 1. i ■ i . L51 ment, appoint not less than ten nor more than twent) special flsh onnty, to ad ander him, \\ ho -hall h >ld office until removed I warden appointing them or by his successor or by the commissioners of Benefit I game. Said warden may deputise another person I any person who may be violating any law relating to fish a h warden ahall tak«- the oath of office and -hall report to the commissioners of ftsheri I game on the first days of January, April, July, and October in < r, and shall enforce all laws relating to fish and game. The warden for an] county, his deputy, or any -pccial protector, snail have free access, at all reasonable houi • b, w itbcml inch warrant, places or receptacles of any kind which said officers have reasonable ground to Buspect are used for keeping, carrying, or covering game or fish tak< -<•• 1 contrary to law . Powers of special protectors: [Sec.] 3099. Special protectors of fish and game shall have the Bame powers as other officers t • arrest for the violation of any law relar ting to fish and game. They shall enforce all laws relating to fish and ga protector shall report to the warden appointing him as often as required by warden. Fees: [Sac.] 3100. In all prosecutions for the violations of any law for the pro- tection of fish and game, the fish and game warden, his deputy, Bpecial protector, <»r other officer making the arrest, shall be entitled to a fee of twenty dollars in each and every case where conviction is had, which fee shall be taxed by the court as Inst the defendant, and said fish and game warden, his deputy, Bpecial protector, or other officer shall be paid said sum; provided, that the court taxing the costs in any additional cases -hall do bo only a- justice may require. Rsh and game wardens and Bpecial protectors shall not receive any other fees their sen Scientific collecting-, propagation, etc.: [Sec.] 3109. The commissioners, or any person duly authorized by them, may take fish, crustaceans, birds, or animals, at any time and place and as they choose, for the purpose of Bcience, cultivation, and dilation. Powers of justices of the peace: [Sec] 3111. In all complaint- for the violation of any law made for the propagation, preservation, or protection, of fish or game, the justice of the peace, before whom the same shall be tried, shall have jurisdiction and power to render judgment therein, and issue proc< ss cntion and mittimus thereon where such fine, forfeiture, or penalty, imposed, shall not exceed one hun- dred dollar-, or imprisonment of more than thirty days, or both; but the defendant shall have the right to appeal as in other cast - Revised Statutes, 1902, Chap. 191, p. 786. Prima facie evidence: [Sue] :;1l'~>. The reception by any person or common carrier within this state, of any -uch bird or birds [quail, woodcock, ami ruffed grouse] for shipment in an unmarked package or addressed to a point without the Btate shall be prima facie e\ idence that Baid bird or birds were killed within the state for the purpose of carrying the Bame beyond its limits. Destruction of appliances: [Sec] 3130. [Prohibits trapping protected birds.] Any such net, trap, snare, or similar device may be destroyed by any person. Certificates for collecting nongame birds for scientific purpose led by the president of the hoard, upon endorsement of applicant for same by two well-known scientific men. payment of $] fee, and execution of sufficient bond for compliance with the law. 152 GAME COMMISSIONS AND WARDENS. Chap. 194, p. 798. Preserves: [Sec.] 3197. The commissioners shall have power to establish state game preserves, and to that end may, in the name and for the use of the state, lease for the term of either twenty-five or fifty years, tracts of woodland in this state suit- able for the propagation and preservation of game and game birds; said tracts shall contain not less than fifty and not more than three hundred acres, and shall during the term of said lease be and remain state game preserves. Prima facie evidence: [Sec] 3206. [Prohibits destruction of game on state game preserves.] The detection of any person with a gun, trap, or snare upon any state game preserve, during the open season, shall be presumptive evidence of a violation of this section. One-half of the fine imposed shall be paid to the informer. Laws of 1903, chap. 101, p. 69. Investigation of violations: The commissioners of fisheries and game may, in their discretion, authorize the fish and game warden of any county to investigate the violation of any fish and game law which has been committed or alleged to have been committed within his county, and the expenses incurred by the warden in such investigation shall be paid from the state treasury on an order from the commissioners of fisheries and game duly audited by the comptroller; provided, that the expenses so incurred shall not in any case exceed the sum of fifteen dollars. Approved May 15, 1903. Laws of 1907, chap. 153. An Act concerning the Licensing of Hunters. Fees: Sec. 3. [Resident, $1; nonresident, $10; alien, $15.] Disposition of fees : Sec. 4. Every town, city, and borough clerk shall keep a record of all such licenses issued by him, which record shall be open to inspection by all officers authorized to make arrests, and by the state treasurer or his agents, and the commissioners of fisheries and game; and such clerk shall, on the first Monday in every month, pay to the state treasurer all moneys, except recording fees, received by him for such licenses issued during the month preceding. All moneys so received by the state treasurer shall be set apart as a fund to be used for the protection and propagation of game, and shall be paid, from time to time, to the commissioners of fisheries and game in the manner provided by section 3098 of the general statutes. Said commissioners shall use all moneys so received for the protection, preservation, and propagation of game in this state, and said commissioners are hereby authorized to receive and use said moneys in the manner and for the purposes hereinbefore pro- vided; provided, however, that in case of a failure to convict in any prosecution for violation of the laws relating to birds and quadrupeds, or of this act, the costs of said prosecution shall be paid out of the fund created by this act. Approved June 27. 1907. DELAWARE. Laws of 1879, vol. 16, chap. Ill, p. 163. An Act to incorporate the Delaware Game Protective Association. Delaware Game Protective Association: Sec. 1. That I. N. Mills, * * and their successors, are hereby constituted a body corporate by the name of the Delaware Game Protective Association, and to continue for the space of twenty years next ensuing. Constitution, etc: Sec 2. That the said corporation shall have the power to make and adopt a constitution and by-laws and regulations for the admission of its DELAWARE. 1 •>■". members; for the safe keeping of it- pi ..I funds, and from time to time t" alter and repeal such constitution, by-laws and regulati OAoers: S» 3 the association shall be managed ary, thre< lent-, ami twenty-seven directors, nine of the direct be chosen from each county. * * *] Regulations: - \ • mresi< lents iini.-t comply with tin- regulations of the Game I'r-i >tci ti\ «■ \ — . ». - iii t it » 1 1 before beginning to hunt and upon failure to do so shall U- punished by fine of $50, one-half of the fine to go to the person prosecuting the ler au«l the other half to the Game Protective Association. Justices of the a jurisdiction to hear and determine offenses against this a Membership dues: Sbc. 7. The fee for memberbhip in this society for no dents shall be five dollars for the first year, and for each Bucce* ding year two dollars. • isidents of this state, the membership fee shall be two dollars for each and every year: * * * Certificate of membership: Sbc B. That the secretary may admit persons to membership by letter or otherwise, upon payment of the membership fee, and shall issue to tin- person becoming a member of this society a certificate of membership, w hich shall hold good for one year from the date of the certificate. Arrest without warrant: B» 9. That every member of this society shall be empowered to make arrests without warrant of any person or persons who may be found violating any of the provisions of this act or infringing upon any laws made for the protection of game and fish in this state, and bring him or them before a magistrate for examination. Nonresident members: Sbc. L0. That the secretary of this society shall, on or before the first day of .Inly and the first of Novemberof each and everyyear, furnish to each of the directors in the several counties named herein, twenty-five printed containing the names of non-resident members of this society within [sic] their places of residence. Nonresident members: Sbc. 11. That it shall be the duty of the secretary of this association to leave at least two copies of the lists of non-resident members of the association at the times named in the foregoing section, with each Justice of the Peace in the several counties, and it shall he the duty of the Justices of the Peace to file one list of non-resident members with their records, and to publicly post the other list at their offices or places of business as soon as they may receive them. Transferring- certificate of membership: Sbc. 12. [Prescribes penalty of - for transferring or giving away certificate of membership or using another pen certificate for purpose of killing or taking game.] Stocking covers: Sec. 13. That whenever the funds of this Bociety shall amount to three hundred dollars, the said directors, together with the President and Secre- tary, may. at such times as they think proper, employ an agent or agents to purchase jjame birds or fish to be placed at such points in the state as they may determine. Nonresident fees: Sec. 14. That the funds obtained from non-residents for cer- tificates of membership shall be used for noother purpose than to pay the legitimate expenses of the society, and for the purpose of stocking the State with game or fish, as the directors may from year to year determine. Compensation: Sec. 1">. There shall be no salaries attached to the offices of thi^ association; but the director- may compensate the secretary, and pay such agents or employees as they may deem proper. Public act: Sec. 16. This act shall be deemed and taken to be a public act. and the power to revoke the same is hereby reserved to the Legislature. Passed March 28, 1879; renewed and extended perpetually March 25, 1899. 154 GAME COMMISSIONS AND WARDENS. Laws of 1885, chap. 507. Prima facie evidence: Sec. 5. [Prohibits use of swivel, punt, or other gun except one habitually fired from the shoulder, in killing ducks, geese and other wild fowl. Prohibits the hunting of such birds at night] and the possession of said birds, after the same have been killed, by any person having at the same time in his possesion a swivel <>r punt gun, or being on the water in the night time with an artificial light, shall be deemed prima facie evidence that such birds have been killed by such per- son in violation of the provisions of this section. Duty of justices of the peace: Sec. 11. That the justices of the peace in this state shall have plenary jurisdiction of all offenses against the provisions of this act, and upon affidavit made that a person has violated any of the provisions of this act, it shall be the duty of any justice of the peace in the county in which the offense was committed, or in any other county, where the person complained of has had or has in his or her possession any bird or animal named in this act, taken, killed, bought, sold, shipped or attempted to be shipped or transported in violation thereof, forthwith to issue his warrant, directed to the sheriff or in his absence to any con- stable, commanding him to arrest the person so charged and to bring him forthwith before such justice for trial; and if, upon such trial, the said justice shall find that the person arrested has violated any of the provisions of any section of this act, and such person shall fail to pay forthwith the fine imposed by said justice in accordance with the provisions of the section violated, together with the costs of prosecu- tion, such person shall be committed by said justice to the custody of the sheriff for thirty days, unless said fine and costs be sooner paid. Any Justice of the Peace in this State, upon receiving proof of, or probable cause for believing in, the conceal- ment of any birds or animals mentioned in this act, which have been taken, killed, bought, sold, shipped, or attempted to be shipped in violation of any of the provi- sions of this act, and upon the complainants giving security, to be approved by said Justice, for the damages which the person complained of may sustain in consequence of the complaint, provided he shall be found not to have violated the law, shall issue his search warrant and cause search to be made in any house, market, boat, car, or other building, and for that purpose may cause any apartment, chest, box, locker, crate or basket to be broken open and the contents examined. Funds: Sec. 12. That all fines collected by any Justice of the Peace in this State under the provisions of this act, and the money paid to the Clerks of the Peace for the licenses [for shipping for profit] issued in accordance with the Provisions thereof, except the clerk's fees for issuing the same, shall be paid to the Secretary of the Dela- ware Game Protective Association, to be by him or by said Association used as pre- scribed in the act incorporating said Association, and for aiding in the detection and prosecution of offences against the provisions of this act. Revised Code, 1893, chap. LV, p. 429. Trespass; Confiscation: Sec. 16. If any person or persons shall enter upon any lands, not owned by himself, with gun and dog, or with gun alone, for the purpose of shooting any kind of birds or game without first obtaining permission to do so by the owner or occupant, he shall forfeit and pay a fine of five dollars; and if he shall not pay the said fine he shall forfeit his gun until redeemed, as hereinafter provided. The Justice of the Peace shall hold the said gun for thirty days, for the purpose of giving the owner time to redeem it by paying the fine imposed by law; at the expi- ration of said time it shall be publicly sold, and so much of the proceeds as is neces- sary shall be appropriated to the payment of said fine, and the balance to be returned to the owner of the gun. That all said fines shall be paid into the State Treasury. Dl i wv mm i LORIDA, Laws of 1901. chap, a 16, 1' \ n "I birdi mi. i their ne*U and ETong&me birds: 5 rhal the Justices of the Peace in this F shall have plenary jurisdiction of all offenses against the proi isioni of this Act, and upon the affida\ it made that a person li:»- violated an} of the provisions of thi to forwith issue bin warrant, directed to the Sheriff or to an} constable, commanding him to arrest the person so charged and to bring him or her forthwith before such Justice for trial, and if upon such trial the said Justice Bhall find that the p< arrested has violated any of the provisions of anj Section of this \«t. and Buch per- son shall fail to pay forthwith the I'm*' imposed by Baid Justice, together with costs of prosecution, such person Bhall be committed l»\ said Justice for thirty days, unless said tine and costs be sooner paid. Any lines collected bj any Justice of the l or constable of this State, under the provisions of this Act. Bhall be forthwith paid by him to the Treasurer of the Delaware Audubon Society. DISTRICT OF COLUMBIA. 30 Statutes at Large, p. 1012. Chap. 417. An An K«>r the protection of birds, preservation of mum-, and for the prevention of Its luring certain closed seasons in the District istrict of ( lolumbia. Aj. proved March :;. L899. FLORIDA. Laws of 1905, chap. 5435, p. 116. Fish and Game wardens: Sec. 1. That there may he in any county of this State an officer whose title shall he Fish and < lame Warden. " Appointment; Removal: Sec. 2. That whenever a petition signed by Beventy- tive freeholders in any county in this State shall he presented to the Board of County Commissioners of such county praying that a Fish ami Game Warden he appointed Cl County commissioners of Hillsborough County may appoinl additional wardens tor the county and fix their compensation, to he paid from county funds. Law-. 1903, chap. 5295. 156 GAME COMMISSIONS AND WARDENS. for Buch county, the county ( lommissioners shall enter upon their minutes the fact of the presentation o! Buch petition and shall forthwith request the Governor of the State to appoint such officer, and shall recommend some suitable person resident of Bach county for the office. Upon such request and recommendation, the Governor shall appoint a Fish and ( iame Warden for such county, who shall hold the office for two years, and until his successor is appointed and qualified. Before entering upon the duties of such office, the person appointed thereto shall be required to enter into a bond with good and sufficient surety, or sureties, to the < Governor of the State of Florida, in the sum of live hundred dollars, conditioned for the faithful performance of the duties of the office to which he has been appointed, such bond to be approved as are the bonds of other county officers. The Governor may at any time remove such officer for good cause; and it shall be the duty of the County Commissioners to report to the Governor any neglect of duty on the part of such officer, and the Gov- ernor shall investigate such charges, and if satisfied that they are well founded, shall cause suit to be instituted on the bond of such officer for the penalty. Duties, Deputy wardens: Sec. 3. It shall be the duty of the Fish and Game Warden to see that the laws for the protection of fish, oysters and game in th county for which he is appointed are observed and obeyed and to make complaint to the proper judicial authority of the county for any infraction or violation thereof, and to see that the offender is prosecuted. The Warden may appoint Deputies in convenient localities in the county to assist him in the enforcement of the laws fog the protection of fish and game. Powers: Sec. 4. The Wardens and deputies shall have power to arrest and take before a magistrate, and subject to trial, according to law, any person violating any of the laws of the State for the protection and preservation of fish and game. And the magistrate may order the seizure of any of the implements used by the offenders in violation of such law. Responsibility: Sec 5. Any fish and game Warden, or his deputy, who shall fail to take cognizance and make complaint to a magistrate of the violation of any of the laws for the protection and preservation of fish and game in this State when the same is brought to his notice shall be punished by a fine not exceeding fifty dollars, and in default of payment, shall be imprisoned in the county jail for sixty days. Peace officers: Sec 6. In any county where no fish and game Warden has been appointed, the sheriff shall perform the duties of that office, provided, that nothing herein shall be construed to relieve the sheriff of counties where fish and game Wardens have been appointed from the duty of arresting and bringing to trial the violators of any law of the State for the protection and preservation of fish and game, but their duties in such cases shall be the same as in the case of violation of any other criminal law of the State. Compensation: Sec 7. The compensation of the fish and game Warden shall prescribed by the County Commissioners of the county for which he is appointed] and shall be paid by such county. Provided: That in no case shall the amount paid exceed sixty dollars per month. Approved May 20, 1905. Laws of 1903, chap. 5293, p. 293. AN ACT To Regulate the Hunting of Deer, Turkey, and other Wild Game in LaFayette County. Arrest without warrant: Sec 1. * * * Trials for violation of this act shall be before the county judge or justice of the peace; and the game wardens of such county are hereby authorized and required to arrest without warrant any person violating the provisions of this act and to take him forthwith before the nearest justice of the peace or county judge to be dealt with according to law. FLORIDA OEORJ 1 . Wardens for L.-iFiiytt- County all be appointed b riior ujH.n tin- passage of thi.- art in said roimt) ol I ens who shall hold office for foar years or until theii appointed an. I qualified whose duty it shall be to see to it that the provisions of this ad and unv other game laws are complied with. Tin- amounts collected for the privilege of hunting in Buch county under the provisions of Section one shal and belong to tin- game warden collecting tin- same. Laws of 1903, chap. 5i>M, p. 244. License fees: Sbc. 6. [As amended by Laws oi L906, chap. 5427. Nbn-citizei quired t" procure license from the ( Ilerk of tin- ( ircuit ( iourl of 1 1 1 • - ( ounty in \\ hich they intend to hunt, fee 110.00.] Thai all money collected as provided for in this Bection shall be paid by tin- clerk to the county treasurer and shall be applied to paying the fees or -alary of the game warden for said county; Provided, Thai in any county where there is no game warden, then all money collected a- pro- vided for in this Bection shall be j >:ii« i by the clerk to tin- county treasurer for ti. of the fine and forfeiture fund. * * * Provided, That the provisions of tl shall not apply to counties having special game laws. Informers: Ski. 7. That any person making affidavit giving information sufficient to convict another for violating any of the provisions of this ad shall be entitled to and shall receive one-half of the fine so imposed and collected, if informant be the warden; any other shall receive one-third of such lint-. Laws of 1903, chap. 5295. Hillsborough County: Sbc. 1. [Authorised county commissioners to appoint a sjame warden for Hillsborough County.] Laws of 1905, chap. 5576, p. 414. an act To Further Protect Wild Deer and Wild Turkey* in the County oi Polk, :merson or persona found violating an) of the provision! of the fish uiui game laws, when detected in the act, or found with Ash or game in their possession, at the time >>i their am The State I isli and < lame Warden Bhall be an active executive officer, and shall at all ti the field in person in the performance of his duties when possible. A ii- 1 si nil [»!-,. i iall\ sujiervise the protection of all game and fish protected under this ■I 1*» energetic in the detection and punishment of the violators of the fish and game laws, and shall make quarterly report to the t iovernorof the State of his doings under this, aet l>eginning with the first day of April and shall keep the Governor informed of his \\ hereabouts, and shall make a biennial report to the Governor and the doings and conditions of his office, which report shall be made during the first week of the regular session of the Legislature. It Bhall be lawf 1 for the State Fish and Game Warden, or any person appointed by him in writing so to do, to take li-h and game of any kind, dead or alive, or in any manner, under the direction of the State Fish and Game Warden, for the pur- of inspection, cultivation, propagation, distribution, scientific or other purposes deemed by him to be in the interest of the fish and game industry of the State. He ■hall make a detailed report of his official transactions, including the number and kinds of fish distributed and the locality and names of streams, ponds or lakes where thesame have been placed, and submit such report to the legislature during the first - i if its ensuing regular session. Deputy warden; Clerk: Sec. 2. [As amended by laws of L907, p. 112.] The Mate Fish and Game Warden shall have power to appoint BUCh deputies as are aeces- in the various counties of this State to properly enforce the laws; and he is hereby authorized to appoint one chief deputy and two assistants, and one or more deputies, as the emergency may demand, in any county of this State, whenever he shall ve from such county a petition signed by ten or more resident tax payers, asking for the appointment of such deputy game warden. And such chief deputy ami- assistants shall each execute a bond to the State of Idaho in the penal sum of iit.OO. conditioned for the faithful performance of their duties, and such other deputy wardens shall execute a bond to the State of Idaho in the penal sum of $500.00, conditioned for the faithful performance of their duties, and they shall have thesame power to make arrests as the state Fish and Game Warden. Their com- missions may be revoked at any time by the State Fish and Game Warden. The State Fish and Game Warden shall file with the Governor a list of all deputy game wardens appointed by him. He shall have further power to appoint one clerk, who Bhall have charge of the office and perform the clerical duties thereof. Such clerk shall execute a bond to the State of Idaho in the penal sum of 13,000.00 conditioned for the faithful performance of his duties. Production of license: Sec. 8. [As amended by laws of 1907, p. 112. Requires a licensee to produce his license for inspection by the State warden or any of his deputies upon request.] Peace officers; Search; Arrest; Expenses: Six. 12. It is hereby made the duty Of the State fish and game warden and all deputies appointed under the provision of this act. and every sheriff, deputy sheriff, city marshal, constable and police officers Within their respective jurisdictions in the State of Idaho, to enforce all the pro- visions of this act, and all laws for the protection of fish and game; and such sheriff, deputy sheriff, constable, city marshal, police officers and each of them by virtue of their election, or appointment, are hereby created and constituted ex officio fish and game wardens for their respective jurisdictions; and they and each of them and each and every fish and game warden appointed under the provisions of this act, shall have authority, and it shall be their duty, to inspect all depots, cars, ware- houses, cold storage rooms, storerooms, hotels, restaurants, market-, and all pack- L60 GAME COMMISSIONS AND WARDENS. ag< - and boxes held either for storage, shipment or Bale which they shall have reason to believe contain evidence of the violation of this act, and each of said officers shall have power and is hereby authorized to search the tent-, wagons, camps or packs of any person or persons in this State when they shall have good rea«on to believe that such person or persons have in their possession any game animals, birds or fish taken in violation of any of the provisions of this act, with or without a search warrant. Any officer authorized to enforce the fish and game laws of this State shall have power, and it is hereby made his duty to arrest all persons violating any of the pro- visions of this act and cause such persons to be taken before the proper court for examination or trial as provided by law, either with or without a warrant. All necessary expenses incurred in transporting and keeping a prisoner arrested under this act, shall be paid out of the State fish and game fund upon the sworn statement of the deputy warden making the arrest approved by the State game warden and if arrested by the State game warden upon his sworn statement. Arrest without warrant: Sec. 15. It is hereby made the duty of the State game warden and his deputies to see that all the provisions of this act are enforced and are hereby given authority to arrest without a warrant any person or persons found violating the same. Seizure: Sec. 18. [As amended by Laws of 1907, p. 112.] Any person who shall have in his possession any game, fish or birds taken unlawfully is guilty of a misde- meanor. * * * Any game warden, sheriff, constable or other officer of the law may at any time seize and take into his custody any game or fish or any portion of the same, which he may find at any time in the possession of any person, company or corporation during the time the killing of such game or fish is not permitted by the laws of this State. * * * Prosecution: Sec. 20. All actions brought for violation of the provisions of this act shall be in the name of the State of Idaho and shall be prosecuted by the county attorney for the county in which said action is commenced. And the justice of the peace or court trying such action shall, in all cases of conviction under this act, whenever any fine is imposed, order as part of the judgment of the court that the offender shall be committed to jail there to remain until said fine and costs are fully paid or otherwise lt'gally destroyed. License fees: Sec 21. [License fees constitute part of the fish and game fund.] Salaries of wardens: Sec 23. [As amended by Laws of 1907, p. 112.] The State Fish and Game Warden shall receive as full compensation for salary the sum of eighteen hundred dollars (81,800.00) per annum, and one thousand dollars (81,000.00) per annum for traveling expenses. The chief deputy shall receive as compensation twelve hundred dollars (81,200.00) per annum and shall be allowed actual and necessary traveling expenses not to exceed six hundred dollars (8600.00) per annum. And each assistant shall receive one thousand dollars ($1,000.00) per annum and actual and necessary traveling expenses not to exceed six hundred dollars (8600.00). The clerk to the State Fish and Game Warden shall receive a salary of one thousand dollars (81,000.00) per annum as full compensation for his services. The State Fish and Game Warden, chief deputy and two assistants and the clerk shall be paid monthly on the first of each month out of the public treasury. And the chief deputy, two assistants and the clerk shall be paid upon their sworn statements, which accounts shall be approved by the State Game Warden. All other deputy wardens shall each receive as compensation the sum of three dollars (83.00) per day for each day actually employed, but shall not be entitled to receive any traveling or other expenses, except when he is sent out of his district and such expenses shall be subject to approval by the State Game Warden, and shall not receive pay for more than one hundred and fifty days' in one year; such compensation to be paid out of the public IDAHO ILLINOIS. 1 '• 1 iry u|h»h the sworn account of the deputy, which Recount shall be approve* the State 1 i-li and (iame Warden, and forwarded to the State Audit >i /' That aa 8tx»n as Hutru-ient funds are accumulated in the State flnh and game fund in tin- hands of the State Treasurer, the salary of the State Game Warden and the I tlu- deputy wardens and rlerk Bhall he paid out of thai fund. Fines: Sb 24. Upon the arresl and conviction of any person or persons for viol • the provisions of the fish and name laws of this State the whole of tin- fine when collected shall f>e |>aid to the deput) fish and game warden on the first day of each month and shall on the loth .l.i\ of each month be remitted to the State fish and warden ami on the 1 5th day of each month be remitted by the State fish and warden to the State Treasurer and shall by the State Treasurer, be placed to the credit <>i the state Fish and < lame Fund. Peace officers; Arrest: Sec. 25. Any fish and game warden appointed under the -nns of this act, and any sheriff, deputy sheriff, constable, city marshal, or police officer may without warrant arrest any person, by him found violating any of the provisions of this act, and take such person therefor before a justice <>f the peace, probate or municipal judge having jurisdiction, who shall without delay try and •mine the matter and enter judgment according to the allegations and proof. Neglect of duty: Se< . 28. Any officer, under the provisions of this act, whose duty it is to enforce this law shall be guilty of a misdemeanor who neglects or re rform any of the duties required to be performed by him under any of the pro- this act. Appropriation: Sec. 28. [As amended by Laws of 1907, p. 112.] There is hereby priated all of the money now standing to the credit of the state fish and game fund and all moneys which may be received during the coming two years under the provisions of this act, for the purpose of paying the salaries of the various officers provided by this act, and for paying the traveling expenses provided for in this act and for the expenses of the office of the State Fish and Game Warden, and for the purpose of importing, propagating and protecting fish and game. * * * ILLINOIS. Laws of 1903, p. 206. State game commissioner; Deputy wardens: [Sec] 16. [As amended by - if 1907.] In order that the provisions of this act maybe more fully carried out, the Governor of the state shall appoint one State Game Commissioner, whose term of office shall be for the period of incumbency of the < rovernor appointing him or until his - ?sor is appointed, whose duty it shall be to secure the enforcement of all the statute- of the >tate for the preservation of game and birds, or bring or to be brought, actions and proceedings in the name of the People of the state of Illinois, to recover any and all fines and penalties provided for in such laws relat- ing to game and birds, and to prosecute all violators of said Btatutes. The state Commissioner is empowered to appoint, by and with the approval of the Gov- ernor, sixteen game wardens, who shall have no other employment or business. They shall devote their entire time to the work of game protection, and shall travel over the state in all seasons for this purpose, under the direction of the state Game Commissioner. Such appointments shall be for efficient service only, and regardless of political influence. The State Game Commissioner is also authorized to appoint one or more (and not to exceed three deputy game wardens for each county of the State, and as many special deputy game wardens as in hi< opinion is necessary for the proper enforcement of the law. They shall have authority with the state I lame ( lom- missioner in the enforcement of the game laws of the state, relative to game and birds throughout the State, and shall be immediately responsible to the State Game I 162 GAME COMMISSIONS AND WARDENS. missioner and shall report to and receive their instructions from him. Such game wardens and deputy game wardens shall he subject to removal by the State Game ( !om missioner at any time. Powers; Duties; Peace officers; Seizure: [Sbc.] 17. Such State Game Com- missioner, game warden, and their deputies shall have full power to execute and serve all warrants and processes of law issued by any justice of the peace or police magistrate, or by any court having jurisdiction under the law relating to the gamel in the same manner as any constable may serve and execute such process, and may arrest on sight and without warrant, any person detected by them actually violating any oi the provisions of the laws of the State relating to game and birds, and may take such person so offending before any court having jurisdiction of the offense, and make proper complaint before such court, which shall proceed with the case in the manner and form provided by law for misdemeanor. It shall further be the duty of such State < lame Commissioner, game wardens or their deputies, upon receiving any information that any law relative to game and birds has been violated, to immedi- ately cause a thorough examination of such complaint to be made, and to cause pro- ceedings to be instituted if the proof at hand warrant;-: and all sheriffs, deputy sheriffs, coroners and police officers of the State are hereby declared to be ex officio deputy game wardens and it shall be the duty of each and every one of them to assist the State Game Commissioner, game wardens and their deputies in the enforce- ment of the State game laws the same a- it is their duty to assist in the enforcement of other laws, and such State Game Commissioner, game wardens and deputy game wardens shall seize on sight, without process, any game found in the possession of any person or corporation which is so in possession contrary to law. Compensation; Expenses; Propagation: [Sec] 18. [As amended by Laws of 1907.] Such State Game Commissioner shall receive a salary of twenty-five hundred dollars per year, and his actual expenses and disbursements while traveling in the line of his duties. He shall also be allowed such printing, stationery, postage, office rent, office furniture and supplies, clerical and other assistance, not to exceed ten employes, as is necessary to enable him to properly perform the duties of State Game Commissioner and carry out the provisions of this act. The game wardens provided for in this act shall receive nine hundred dollars per annum, payable monthly. In addition to the salary per annum provided for, such game wardens shall receive their actual and necessary expenses incurred while working under the direction of the State Game Commissioner. The deputy game wardens appointed for any county shall receive a per diem, when actually employed, not exceeding two dollars per day and necessary traveling expenses, to be fixed by the State Game Commissioner. Special game wardens appointed under this act shall serve without pay, except that they shall receive one-half of all fines recovered for violations of this act in cases where they have filed the complaint. The deputy game wardens shall also receive one-half of all fines recovered for violations of this act. in cases where they file the complaint; the remaining one-half of the fine to be paid into the State game protection fund. And in cases where the violator does not pay a fine, but is committed to jail, said deputy and special game wardens shall be reimbursed for their actual expenses; but such expenses shall not be paid in any case other than game cases or cases relating to license. Should the State game protection fund become exhausted during any year, the State Game Commissioner shall have the power and authority to suspend any number or all game wardens or deputies until such fund is again replenished. Should at any time a surplus accumulate in the State game pro- tection fund, over and above the amount necessary for the operating expenses of the department, the State Game Commissioner shall have the power and authority to use such surplus for the purchase and propagation of quail, prairie chicken, pheasants and other game birds and animals, for the purpose of restocking sections of the State in which there exists a scarcity of the above mentioned game birds, and for exter- i i.i.i \(»i>. It'.:; hi mat mil: crows and haw k-. All moneys used for the payment of sal other disbursements mentione I in this section, including the salary of the - i .iii-i. shall !'<• taken from and charged t" tl uue protection inn. I, and the Auditor of Public Iccounta is hereby authorized ami direi ted t" draw nits for the same 11 1 ». »n tli.- presentation of proper vouchers certified to by the i inuiissioner and approved by the Governor, and the State Treasurer >hall pay the same out of the State game protection fund. Bearch S i ] L9, It said State Game Commissioner, game wardens and depu- • r either of them, has reason t<> believe, <»r does believe, that anj person • {...ration has in his or their possession, contrary to law, any game, deer, wild foa 1 <-i bird, it .-hall be the duty of such game commissioner, game wardens or deputii go before an 3 justice of the peace in the county and make affidavit to that fact; Baid Justice shall thereupon issue a Bearch warrant against the person or corporation so complained of, directed to any constable of the county, commanding him to proceed at once and search for Baid game, deer, wild foa 1 or bird, and upon finding the same . e and take possession of the same and keep it until further ordered by the justice; said constable shall also read said warrant to the owner or person in whose ssion said game, deer, wild fowl or bird is found. Said warrant shall be sub- stantially as folli >a b: M \li: OF 111 IN018, Count) . 1 To any constable of said county, greeting: You are hereby commanded to search I here describe place), seize and take p sion of and hold any game, wild fowl or bird found there. And you (here name owner or person <>r corporation in whose possession game is found I are hereby n«>ti- fied to appear before me at my office in (here locate office) on (here state time of trial, and show cause why the game, deer, wild fowl or birds should not be sold and the proceeds thereof distributed, as required by law. - ..'Mature of Just L< Justice of the Peace. 1 >ate of warrant. Hearing: [Sec.] 20. At the time mentioned in said warrant said justice shall pro- ceed to hear and determine whether said game, deer, wild fowl or bird was in the ssion of the person or corporation contrary to law, and if said justice tin. Is that said game, d.-er. wild fowl or bird was in the possession of the defendant contrary to law. then said justice shall enter judgment against the defendant and order a sale of the game, deer, wild fowl or bird seized: but if said justice shall find that the pos- :i of said game, deer, w ild f.>w I or bird was not contrary to law . then the judg- ment of the court shall be that the same bo returned to the person or corporation from whom the same was taken. Sale: [Sec.] 21. In case of a judgment and order of sale, as specified in section 20, the said constable shall at once post two notices, one at the justice's officeand one at the place of sale, specifying in each notice the time and place of sale— not less than live hours from the date of judgment — also a description of the game, deer or wild fowl to bo sold; said pla.e of sale shall be upon the principal produce street or market of the city: said constable shall, at the time and place mentioned in said notices game, deer, wild fowl or bird at public auction to the highest bidder, for cash, and at once pay the proceeds of BUCh sale into the justice's court: said constable shall give to the purchaser a certificate of purchase, in which shall be a particular d. Bcription of the game sold, together with the date of sale. Proceeds: [Sec.] 22. Said justice shall, as soon a- the proceeds of sale are paid into his court, deduct the amount of his costs, together with the constable' 8 and distribute the balance as follows: One-half shall be paid to the game warden or deputy making the complaint, which shall be kept by him for his services, and one- half paid into the State treasury at once, for the benefit of the game protection fund. Reports: [Sec] 23. [As amended by Laws of 1905, p. 273.] Said State Game 4358— Ni >. 28— < »T 12 164 GAME COMMISSIONS AND WARDENS. Commissioner shall make an annual report to the Governor, which shall include the reports of the game wardens and deputy wardens, showing the number and kind of game, deer, wild fowl and birds seized, and what disposition was made of them, and the amount of proceeds of sale. Said reports shall also contain a statement of all moneys received from all sources and a statement of all disbursements of every kind. Nonliability: [Sec] 24. The) State Game Commissioner, game wardens and deputy game wardens shall not be liable for any damage or costs sustained by any person or corporations by reason of the wrongful seizure of game, deer, wild fowl or birds under this act. License fees; Action: [Sec] 25. [As amended by Laws of 1907. Establishes resident and nonresident licenses, limits bag, and number of birds that may be exported under nonresident license.] The license fees above provided for shall be paid by the said clerk to the State Treasurer at the end of each month, and shall be placed to the credit of a fund to be known as the "State Game Protection Fund," and shall be disbursed by the State Treasurer on vouchers certified to by the State Game Commissioner and approved by the Governor, and filed with the Auditor of Public Accounts, who shall draw his warrant therefor on the State Treasurer. * * * And no person to whom a license has been issued shall be entitled to hunt, pursue or kill game or rabbits in this State without at the time of such hunting, pursuing and killing of game, he or she shall have such license in his or her name and upon his or her person, ready to exhibit the same for inspection, and such license shall be void after the first day of June next succeeding its issuance. * * * Any person found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than fifty dollars for each and every offense, and shall stand committed to the county jail until such fine and costs are paid, but such impris- onment shall not exeeed thirty days for each offense; or such person may be pro- ceeded against in an action of debt in the name of the people of the State of Illinois, for the recovery of the penalty herein prescribed. Forgery: [Sec] 26. Any person who shall at anytime alter or change in any material manner or loan or transfer to another, any license issued as aforesaid, shall be deemed guilty of forgery, and, on conviction thereof shall be subject to the pen- alties provided for the commission of forgery. Prosecutions; State's attorneys; Peace officers; Fines: [Sec] 27. All prose- cutions for the violation of the provisions of the act relating to license shall be brought by any person, in the name of the people of the State of Illinois against any person or persons violating any of the provisions of this act, so far as it relates to licenses, before any court of competent jurisdiction; and it is hereby made the duty of all State's attorneys to see that the provisions of this act are enforced in their respective counties, and shall prosecute all offenders on receiving information of the violation of any of the provisions of this act; and it is made the duty of all sheriffs, deputy sheriffs, constables and police officers to inform against and prosecute all per- sons whom there is a reasonable cause to believe are guilty of violating any of the provisions of this act; one-half of the amount recovered in any penal action under this act, in so far as it relates to license, shall be paid to the person filing the com- plaint in such action, and the remaining one-half to the game protection fund; the moneys for such fund shall be by the magistrate or court before whom the case is tried, at once transmitted to the State Treasurer, and by him placed to the credit of said fund. Hunting on another's lands: [Sue.] 29. Any person or persons violating section 28 of this act [prohibiting hunting on land of another without permission] shall be deemed guilty of a misdemeanor, and may be prosecuted in the name of the People of the State of Illinois, before any justice of the peace, or by indictment, or information in any court in the county where such misdemeanor was committed: Provided, That ILLIN0I8 INDIANA. 1 65 in all rach prosecutions the owner, or owners or persons in ] — esftion ronndi or lands, shall not be required t" prove title to tin- grounds or lands in oontro Prima facie evidence: [Sac.] 7. [Exempts common carriers from liabilil —ion of game inclose >»•;»-« >u when transporting it through the State.] But, not- withstanding this provision, the having or being in possession of any such animals, wild fowl or birds, as are mentioned In section one I I), upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling or having in pos- n any such animals, wild fowl or birds, shall be unlawful by the provisions of thi- act, shall i>e deemed and taken as prima foci* evidence thai the same was ensnared, entrapped, netted or killed in violation of this act Prosecution; Fines: [Sec.] 8. All prosecutions under the provisions of thi except as other* ise herein provided, shall be brought by any person, in the name of the People of the state of Illinois, against any person or persons violating an) of the provisions of this act, before any justice of the peace of any county, in which bucJi tion is alleged t<> have taken place (and said justice maw on proper evidence of guilt, bind said violator over to the grand jurj I, or before any court of competent jurisdiction: and it is hereby made the duty of the State's attorney to see that the pn.\ isions of this act arc enforced in their respective counties, and they shall • cute all offenders on receiving information of the violation of any of the provisions of this act; and it is made the duty of sheriffs, constables and police officers to inform against and prosecute all persons whom there is probable cause to believe are guilty of violating any of the provisions of this act One-half of the amount recovered in any penal action under the provisions of this act shall he paid to the person filing the complaint in such action, and the remaining one-half to the game protection fund. Limitation: [Sec.] 9. All prosecutions under this act shall he commenced within six months from the time such offense was committed ami not afterwards. Fines: [Sec.] 10. [As amended by Laws of 1907.] * * * The one-half of all fines imposed and collected under this act shall be paid to tb.3 informer, and th< ance shall be paid to the game protection fund. Approved April 28, L903. INDIANA. Laws of 1899, Chap. XXXI, p. 44. Commissioner: Sec. 1. Be it enacted by the General Assembly of the state of Indiana, That the Governor immediately after the taking effect of thi- Act. shall appoint a suitable person, who shall be a citizen of the State of Indiana, to discharge the duties hereinafter prescribed who shall he known as Commissioner of Fisheries and (came, and who shall hold his office for four years, siihject to removal by the Governor for incompetency, or other cause that would render him an improper per- son to longer hold the office. Duties; Powers; Deputies: Sec. 2. Said Commissioner shall inquire into the best method- of preserving and propagating the game birds and soul: birds now in this State and shall introduce such varieties of food and game birds, foreign to the State, a- may be deemed for the best interests of the people of the State. Said Commissioner may take or cause to be taken, any fish or game, in any manner and at any time, for purposes connected with fish or game culture, protection, preserva- tion or propagation, or with scientific observation. Provided, That in all cases scientific observation he shall require a permit from the Indiana Academy of Science. Said Commissioner shall also see that all laws for the protection of fish and game are enforced, ami shall institute proceedings for the violation and punishment of any person or persons violating said laws within the State of Indiana, and shall have all the powers given to any Township Trustee or Road Supervisor for the enforcement of said fish organic laws, and shall have power to appoint a deputy or deputies in 166 GAME COMMISSIONS AND WARDENS. any county of the State for the purpose of aiding in the enforcement of such laws, who shall receive no other compensation than that provided in Section seven (7) of this Act. " Arrest: Sec. 4. The said Commissioner and his deputies shall have the authority to arrest, without writ, rule, order or process any person in the act of committing or attempting to commit a crime or misdemeanor, in his presence, in violation of the fish and game laws of this State, and they are hereby made peace officers of this State for that purpose. Bond: Sec. 5. [Commissioner required to give bond of $2,000 for faithful per- formance of duties and proper expenditure of moneys coming into his possession as Commissioner.] Report: Sec. (>. Such Commissioner shall report the result of his investigations, experiments and labors to the next General Assembly succeeding his appointment, which report shall also embrace all necessary suggestions and recommendations that he may deem proper to increase the efficiency and value of fish and game culture to the citizens of this State. Compensation, Prosecution: Sec 7. That said Commissioner shall have and receive for his services the sum of $1,200.00 per annum, to be paid out of any money in the State Treasury, not otherwise appropriated, in quarterly instalments, on the warrant of the Auditor of State in the same manner and upon the same vouchers as other officers of the State are paid, and in addition thereto the sum of $1,200.00 per annum for traveling and office expenses, and the same shall be all the compensation that he shall be entitled to receive from the State, which sums shall be paid out of any money in the Treasury not otherwise appropriated, in quarterly instalments. Said Commissioner may have his appearance entered with a prosecuting attorney in any proceedings brought by said commissioner for the prosecution of any person for the violation of any law for the protection of fish, or game, and may be present in person or by deputy and assist said prosecuting attorney, * * *. Approved February 13, 1899. Laws of 1889, Chap. CCXXXIX, p. 449. Road supervisors: Sec 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the road supervisors to arrest or cause to be arrested and to prosecute or cause to be prosecuted, any or. all persons violating any of the provisions of the acts, or any law heretofore or hereafter to be enacted, for the protection of game and fish. And, said road supervisors shall be allowed a fee of five dollars, to be taxed as costs against each person convicted of violating any of the provisions of said laws. # Penalty: Sec 2. Any road supervisor who shall fail or refuse to discharge the duties of constables as aforesaid, and make or cause to be made said arrests, and prosecute or cause to be prosecuted all cases coming to his knowledge of violation of the game and fish laws of the state, shall, upon conviction, be fined in any sum not less than five nor more than twenty-five dollars. Approved March 11, 1889. Laws of 1901, Chap. CCIII, p. 442. Deputies; Auditor's report: Sec 15. * The Commissioner of Fisheries and Game shall be permitted to employ assistants or deputies, if the fund so provided is sufficient for that purpose; but no person or deputy so employed, aside from the chief deputy, shall be paid to exceed the sum of sixty dollars per month and actual expenses. On or before the 10th of each month the Auditor of State shall report to the Commissioner of Fisheries and Game the amount remaining unexpended in such fish and game protective fund on the last day of the preceding month. a See sec. 626, Laws of 1905. I M 1 1 \ \ \ [OWA. 1 « * « La 905, chap, L60, p 58 I Common carriers: Sn 14 Prosecutiona against any railroad com pan oom pan y, common carrier or person, for transporting game or birds in viola ti law. may be had in any county where such game or birds shall have been n for transportation, or into which they may come for the purposes "i, or during the oeurse of, bucIi transportation. Prima tan.' evidence: B»c. 251. The possession by any railroad company, express company, common carrier or person, of any game or birds marked or labeled lor any point beyond the limits of this Btate, or which Bhall be Bhown by an 3 bill, bill of lading or shipping book, t-> be intended for delivery at any place beyond the limit- of this Btate, shall be prima facie evidence of the violation "t' tin- pro- visions "t" law with respect t" the transportation of 'jam.- or birds. Each act separate offense: Se< . 594. Each act <>t' netting or trapping, <>r attempt t<> net or trap quail, or each day's possession of Biich net <"• trap, shall be deemed anil held t>> be a separate and distinct offense and punishable as such. Each day separate offense: Sec. 608. [Unlawful to hunt any game except waterfowl from Oct 1 to Nov. 10], every day this section is violated shall constitute a separate offense. Production of license: Sec. tiii<>. [As amended by Laws of L907, chap. 216. Requires residents t<> procure license to hunt; fees to he paid into fish and game protective fund]. Any person securing such license shall have the Bame in hi- pos- d when hunting, and shall show same to the commissioner of fisheries and game Or hi- deputy, upon request. * * * Fund: Sec. 611. [Requires nonresidents to procure license to hunt; kv^ to be paid into fish and game protective fund.] Fund: Sec. 626. In all ease- of conviction or on pleas of guilty of violating any of the provisions of this act in relation to fish or game, there shall he taxed against each defendant -■ > convicted, in favor of the commissioner of fisheries and game, a fee of twenty dollars as a pari of the costs. Said fees -hall be paid by the officer collecting the same to the auditor of state every sixty days, on the first day of alter- nate months, in the manner in which license fees referred to in section 611 of this act are paid; and Buch fees -hall he paid to the treasurer of state by the auditor of state as a part of the fish and game protective fund to he expended by the commis- sioner of fisheries and game in paying rewards and other expenses for the detection and conviction of persona who violate provisions of this act, and the fish and game law- of the state. IOWA. Code of 1897, Title XII, chap. 15, p. 884. State fish and game warden; Compensation; Duties; Powers: Bee. 2539. [As amended by Laws 1898, chap. 64; and I. aw- of L902, chap. L03.] There is hereby created the office of Btate fish and game warden. The warden -hall he appointed by the goy ernor, and hold his office for three years from the first day of April of the year of his appointment. He shall receive a -alary of twelve hundred dollars annu- ally to be paid out of the state treasury. He shall have charge and management of the state fish hatcheries, which shall he used in Btocking the waters of the state with fish native to the country and to the extent of the means provided by the state. He shall impartially and equitably distribute all fry raised by or furnished to the Btate, or for it through other source-, in the streams and lake- of the state; shall faithfully and impartially enforce obedience of the provisions of this chapter, and shall make a biennial report to the governor of his doings, together with such information upon the subject of the culture of fish and the protection <i>. s, it shall be the duty of « -« . » 1 1 1 1 %- atl ■ oilieei •- t. . -- ■<• t hat t In- :ict [requiring nonresidents to procure 1 ! pre- scribing penalties therefor] is Btrictlj enforced, the Bame as other game laws of tin- Mat.-. Laws of 1900, .hap. 87. p. 66, Fund: Sac. I. [Repealing La ws of 1900, chap. 86, sec 6.] That all license money i>r collected under this act shall be credited l>y the count) treasurer to a fund know u as a -ain.' protection fund, t.» !><• used to defray the expenses of enforcing the iaw for tin- protection of game, Buch expenses to be allowed and ordered paid by the l>..ar>l of supervisors of the county. KANSAS. Laws of 1905, chap. 267, p. 411. State fish and game warden; Term; Compensation: Sac. 1. [immediately after the taking eff eel of this act the governor shall appoint, and every four year- thereafter, a Btate fish-and game-warden, who shall be a citizen of the state, who shall possess the requisite knowledge of the duties of a fish-and game-warden, and who shall hold his office for the term of four years or until his Buccessor shall be appointed and qualified, and such fish and game warden shall receive a salary of fif- teen hundred dollars per annum. Propagation; Report: Sec. 2. The fish-and game-warden shall have the man- agement of the state fish hatchery, Bhall carry out the provisions of law respecting the breeding and propagating of game and food fish and the distribution of young fish throughout the waters of the state, and Bhall enforce the fish and game laws of the state. * * The fish and game warden shall make a biennial report to the governor, making such recommendations or suggestions as he may think, best to pro- tect, the game and fish of this state and to replenish the stream- and other waters with food-and game-fish. Deputies: Sec. 3. The Btate fish-and game-warden shall, immediately after his appointment, appoint one or more deputy fish-and game-wardens in each county in this state where ten resident taxpayers request him to do so, whose duty it shall be to aid such state fish-and game-warden in carrying out the provisions of this act Buch deputy fish-and game-wardens shall receive no compensation for their services other than is provided in this act. The appointment of such deputies may by the fish-and game-warden be revoked at any time. Powers; Fees: Sec. 4. The state fish-and game-warden and each of the deputy lish-and game-wardens shall have the power of a constable or police officer to arrest without warrant any person <.r persons by him or them caught in the act of violating any of the fish and game laws of this state, and with a warrant under other circum- stance-, and to bring such persons before the proper court for trial: and in each case of conviction there shall ho assessed as part of the costs the Bum of ten dollars for the person making such arrest, to he collected off the defendant, together with the mile- age allowed by law t<> constables. Production of license: >i:< . 9. I Aery person holding a hunter's license taken out as aforesaid shall carry the same with him while hunting, and on demand by the fish-and game-warden, or any deputy fish-and game-warden, or any constable, mar- shal or other police officer charged with the enforcement of the provisions of this; act, shall permit said license to be examined by the officer demanding the same. Failure to produce such license for examination shall immediately terminat. license. Prosecution: Sec. 14. In a prosecution of any person or persons for a violation of any of the provisions of this act, it shall not be necessary to state in the complaint 170 GAME COMMISSIONS AND WARDENS. the true or ornithological name of the Bqoirrel, bird or birds caught, killed, trapped, Bnared, sold, or offered for .-ale, shipped, or had in possession, nor to state the true or scientific name of the fish caught, taken or in any way killed in violation of the provisions of this act, nor to state in the complaint or to prove at the trial that the catching or killing or having in possession of any wild bird hereinbefore named, or that the catching of any fish, was not for the sole purpose of using or {.reserving it as a specimen for scientific purposes. Prima facie evidence: Sec. 15. The having in possession by any person or per- sons, company or corporation of any bird named in section 7 of this act [partridge, grouse, prairie chicken, quail, plover, pheasant, duck, goose, brant, dove, oriole, meadow lark, robin, thrush, red bird, mocking bird, bluebird] at any time, except by a person who has lawfully killed the same, * * * shall be prima facie evi- dence of the violation of the provisions of this act. Penalty; Separate offense: Sec. 17. Any person or the manager, agent or employee of any company or corporation found guilty of a violation of the provisions of this act shall, upon conviction thereof before any court of competent jurisdiction, be lined in the sum of not less than live dollars nor more than one hundred dollars for each and every offense, and shall be adjudged to pay the costs of the prosecution, and shall be committed to the jail of the county in which the offense was committed until such costs and fine are paid; provided, that the catching, taking or killing of each bird or fish caught, taken or killed in violation of the provisions of this act shall constitute a separate offense. Peace officers; Nonliability: Sec. 18. It shall be the duty of all constables, marshals and police officers in this state to diligently inquire into and prosecute all violations of this act, or other fish or game laws of this state. Any such officers hereinbefore named, having knowledge or notice of any violation of the provisions of this act shall forthwith make complaint before some court of competent jurisdic- tion; provided, that such officer making complaint as aforesaid shall in no event be liable for costs unless it shall be found by the court or jury that the complaint was filed for malicious purposes and without probable cause; provided further, that any officer who shall neglect or refuse to prosecute any violator of the provisions of this act, upon proper information being laid before him, shall himself be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in section 17 of this act. Special attorney: Sec 19. That if any county attorney or other prosecuting offi- cer shall neglect or refuse to prosecute any person or persons charged with a viola- tion of any of the provisions of this act, any court, judge or justice of the peace hav- ing jurisdiction of the offense may appoint an attorney at law to prosecute such per- son or persons, and the attorney so prosecuting shall receive a fee of ten dollars, to be taxed to the defendant in every case where conviction shall be had. Fund: Sec 20. * * * All sums paid into the state treasury for licenses shall be credited to the state game- and fish-warden fund and become immediately avail- able to carry out the provisions of this act. Inspection: Sec 21. Itshallbetheduty of the fish-and game-warden at reasonable intervals to inspect all places of the state where meat, fish and game is [are] kept for sale or shipment or stored for pay; and it shall be the duty of any person engaged in the business of buying, selling, shipping or storing for pay meat, fish or game within the state, upon the demand of the fish and game warden, to permit an inspec- tion of their place of business by such warden: and any such person who shall refuse upon demand to permit the inspection herein provided for shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in the sum of not less than ten dollars and not more than fifty dollars for the first offense, and not less than fifty dollars nor more than one hundred dollars for each subsequent offense. Approved Feb. 18, 1905. KANSAS KENTUCKY, 171 L908, (hap. 890, p, 49 I Reward: 3 a reward of twenty-five dollan be given to the person or \niir information loading to the arrest and conviction of an) person '•» persona \ iolating this law | protecting anteloj • Laws of 1907. chap. 818, p. 380. ingarUn partridge*, English, Mongolian nn<] Ohli* Prima facie evidence: Sic. 2. The having in po oocoo ion except for breeding pur- - by any i impany or corporation of any of the birds mentioned in i 1 of this act shall be deemed prima facit evidence of the violation of thii Approved Feb. 25, L907. KENTUCKY. Barbour & Carroll's Statutes. 1894, chap. 57, p. 718. Prima facie evidence: - K). The possession of any of the animals <>r birds intended to be protected by this law within the periods for which their killing or I i- hereby prohibited, shall be prima Eacie evidence that the said animal <>r bird was unlawfully caught or killed and the possession thereof unlawful. Separate offense: Sec. 1962. The unlawful killing, catching or possession of each and every one of the animals or birds intended to be protected by this law shall constitute a separate and distinct offense, and shall be punished accordingly, and two or more offenses may be joined in the same warrant or indictment then-tor: and the I* iffending, if convicted, shall be fined for each offense, and fifty per centum of said fine shall be paid to the informer. Arrest; Search: Sbc. 1953. Any county judge, justice of the peace, or police or other magistrate, upon receiving sufficient proof by affidavits that any of the pro- visions of this chapter have been violated by any person being temporarily within his jurisdiction, but not residing therein permanently, or by any person whose name - .dence is unknown, is hereby authorized and required to issue his warrant for the ane-t of such person, and cause him to be held to bail to answer the charges st him; and any such justice or magistrate, upon receiving proof or having oable grounds to believe that any game mentioned in this chapter is cono during any of the periods for which the posa ssion thereof i> prohibited, shall issue - - arch warrant, and cause Beach to be made in any house, market, boat, box, package, car or other place, and shall cause the arrest and trial of any person in whose possession such game is found. Peace and other officers: Sbc. 1954. It is hereby made the duty of the several may. ra of the several cities and towns within the commonwealth to require their tive police or constabulary force, and it is hereby made their duty, as well as the duty of all market -masters or clerks of markets of any city or towns to diligently out and arrest or have arrested, as for a misdemeanor, all persons violating the provisions of this chapter by having any game mentioned herein unlawfully in their n, or offering the same for Bale during any of the periods during which the killing of such game is prohibited. And any officer whose duty be to enforce the provisions of this chapter, who shall fail or refuse, upon sufficient information, to discharge the duties imposed upon him by this chapter, shall he held guilty of misfeasance in office, and shall, on conviction thereof, he punished by tine — than twenty nor more than fifty dollar- for i>-i<\\ offense. * * * Acts of 1904, chap. 68, p. 150. Wardens: [Sec.] 1. The offices of fish and game wardens are hereby created. Appointment: [Sec.] 2. The county judge of each county shall appoint one or m<.re fish and game wardens for each county in the State, who shall hold office and 172 GAME COMMISSIONS AND WARDENS. be subject to removal therefrom at the pleasure of the county judge. Each game warden, before entering on the duty of his office shall execute his bond to the Com- monwealth, with g 1 surety, to be approved by the county judge. Duties; Powers; Fees: [Sec] 3. It shall he the duty of fish and game war- dens to enforce within this State all laws relating to the protection, preservation and propagation of fish, birds and game. Each fish and game warden shall have full power to execute and serve all warrants and process of law issued for, in connection with or growing out of, the enforcement of any law relating to the protection, preser- vation or propagation of fish, birds and game in the same manner and to a like extent that any sheriff or constat >le may serve and execute such process, and shall be entitled to the same fees for said services as are now allowed by law to sheriffs for similar services in criminal cases. They may arrest on sight and without warrant any person detected by them in the act of violating any such law; they shall have the Mime right as sheriffs to require aid in executing any process or in arresting without process any person found by them in the act of violating any of said laws: and they shall have authority to seize without process any birds, fish or game then found in the possession of any such person, together with the guns. nets, seines, traps or other devices with which the same were taken or killed, and destroy or con- fiscate such guns, nets, seines, traps or other devices, and forthwith convey Buch offender before a court or magistrate, having jurisdiction of the offense, and such court or magistrate shall, upon the filing by the warden of a proper complaint, pro- ceed speedily to try and determine the truth of the charge. Fees: [Sec] 4. After payment of the percentage of fines allowed by law to the other public officers, the remainder shall go to the fish and game warden instituting the prosecution, and upon filing a verified claim with the Auditor, he shall draw his warrant upon the Treasurer in favor of such fish and game warden. Approved March 21, 1904. Acts of 1904, chap. 107, p. 262. Separate offense: [Sec] 3. Each bird or fowl so bought, sold, offered for sale, had in possession for sale or transportation, received for transportation, or trans- ported, contrary to the provisions of this act [prohibiting sale and transportation of wild turkey, pheasant, grouse, partridge and quail], shall constitute a separate offense. Approved March 24, 1904. LOUISIANA. Acts of 1904, No. 126, p. 287. Nonresident and alien hunting- license: Sec 13. [Establishes a $10 hunting license for nonresidents and unnaturalized foreign born residents, requires possession of such license while hunting, and production upon request of any officer.] Every non-resident and unnaturalized foreign born resident found hunting without the aforesaid license may be arrested on sight by any officer or warden * * * Nonresident and alien market license: Sec 14. [Establishes a $25 market-hunting license for nonresidents and unnaturalized foreign born residents, and requires produc- tion of the license upon request of any officer.] Every nonresident or unnaturalized foreign born resident hunting game birds for profit either to himself or others without said license, may be arrested on sight by any officer * * * Fund: Sec 16. * * * That all fees and fines collected under the provisions of this act, except as herein provided, shall go to a fund kept by the State Treasurer called the State game protective fund, of which the State Treasurer shall keep accu- rate accounts and report same to the Governor and General Assembly. LOUISIANA \l \i N i . I , 8 Game v. ir Be it mill,. it ii -hall be the duty of the police jurir- of each parish of the State to appoint one or re reputable citizens mm- wardens in that particular parish, and said officers shall have power and authority t.« arrest without warrant any person or persons found \ i < > ! ; 1 1 i 1 1 •_- any ,,i the provisions of this act, an. I !■> search without warrant any cold - refrigerating: plant, ear, vessel, vehicle, or package, wherein he or they may believe an\ birds named in the act may !><• kept or stored contrary to the provisions of the said pune wardens so appointed -hall also have the right to confiscate all birds which be or they may find in the possession of any person or persons During the close season, and this irrespecth e of the time when or place where Buch 1 »i r* 1 — may have l>een killed or caught, and Buch person or persons shall have no ss at law for such seizure of property unlaw fully had in possession. Informer: S» , IS. Be it further enacted, etc. That any person or persons report- ■ the game wardens or other officers authorized under the law of the State to institute a prosecution against any person or persons, or corporations, for violations of the provisions of thi< act, shall reeeh e for such report, in case of conviction 50 per f the line collected from such person or persons, or corporations; the remain- ier of the said fine levied and collected shall goto the State game protective fund. Otherw ise the w hole tine collected shall go to said state game protective fund. Approved July 5, 1904. MAINE. Revised Statutes, 1903, chap. 32, p. 351. Commissioners; Clerk: Sec. 34. The governor, with the advice and consent of the council, shall appoint three persons to be commissioners of inland fisheries and game, one of whom shall be the land agent of the state, and shall hold the office BO as he shall continue to be land agent : the other two commissioners shall hold their office for time years, and until their successors are appointed and qualified. Said commissioners shall be provided with an office in the Btate capitol, with suit- able furniture, stationery and other facilities for the transaction of the business the department, and they may appoint a clerk. Laws of 1905, chap. 84. Chairman : Sec. 1. The governor witji the advice and consent of the council shall appoint one of the commissioners of inland fisheries and game to be the chairman if, and he shall be designated and commissioned as such for the term of two years. After the expiration of the lirst term a chairman shall be appointed. in the manner and for the term now prescribed by law for the appointment of any one of said com- missioners ; but the land agent shall not be eligible to the office of chairman. Compensation; Allowances: Sec. 2. The chairman of the commissioners of inland fisheries and game shall receive an annual salary of two thousand dollar-; the land agent, forest commissioner and member of the commissioners of inland fisheries and game, combining the three offices in one appointee, two thousand dollars; the other member of the commissioners of inland fisheries and game, one thousand dollars, and in addition to their salaries, actual traveling expenses to be audited by the governor and council. The salary of the clerk of the commissioners of inland fisheries and game shall be seven hundred and fifty dollars, and the salary of the clerk to the land agent and forest commissioner shall be one thousand dollar-. The governor and council may allow such sum as may be necessary for extra clerk hire, to be paid out of license I Quarterly payment: Sec 3. Said salaries are payable quarterly, on the lirst •lays of January, April, July and October of each year, from the state treasury, and are in full for all services performed by them in their official capacities. Approved March 17, 1905. 174 GAME COMMISSIONS AND WARDENS. Revised Statutes, 1903, chap. 32, p. 351. Duties: Sec. 35. The commifisioners of inland fisheries and game shall * * * introduce and disseminate * * * valuable food birds into the state. They shad examine into the workings of the inland fish and game laws, see that all violations thereof art' duly prosecuted, and perform all other duties prescribed by law. * * * They shall, on or before the thirty-first day of December of each year, report to the governor, who shall cause three thousand copies of said report to be printed. Powers: Sec. 36. The commissioners of inland fisheries and game, upon petition of five or more citizens of the state, or whenever they shall deem it for the bed interests of the state, after due notice and public hearing in the locality to be affected, may regulate the times and places in which and the circumstances under which garni and inland lish may be taken; but they cannot authorize the taking of game or inland fish at a time in which its capture is prohibited by the laws of the state, and in all cases where the prayer of the petitioners is refused, one-half of the expenses of the commissioners shall be paid by the petitioners. Whenever they deem it fa] the best interests of the state, after like notice and hearing, they may entirely pro- hibit the taking of any kind of game or inland fish, in any part of the state, for a series of years not exceeding four. They may adopt and, from time to time, modify or repeal such needful rules and regulations, not contrary to the laws of the state, as they may deem necessary or proper for the protection and preservation of the game and inland fish of the state, in conformity with the provisions of the last two preceding sections. They shall file, in the offices of the clerks of the towns in the territory to be affected, a copy of the rules and regulations adopted by them, and publish the same three weeks successively in a newspaper printed in the county, and post on the banks of waters to be affected, as nearly as may be. like notices: and whenever any such rules or regulations apply to any unorganized township, a like copy shall be filed with the clerk of courts for that county, and published three weeks successively in a newspaper printed in the county; they shall, immediately upon the adoption of any rules and regulations contemplated by this section, rile an attested copy of the same in the office of the secretary of state. Regulations: Sec. 38. Whoever, at any time or in any manner, hunts, chases, catches, kills, takes, has in possession or destroys any inland game, in violation of any of the rules and regulations of the commissioners of inland fisheries and game, made and promulgated in conformity with the provisions of this chapter, shall be punished in the same manner and to the same extent as is provided for by law for the illegal hunting, chasing, catching, killing, taking, having in possession or destroy- ing of any such inland game. Mutilating" notices: Sec. 39. Whoever wilfully mutilates, defaces or destroys any notice, rule or regulation of the commissioners of inland fisheries and game, posted in conformity with the provisions of this chapter, shall be punished by a tine not exceeding fifty dollars, to be recovered by complaint or indictment: and one-half of said fine .shall be paid to the prosecutor. Propagation, etc.: Sec. 40. The commissioners of inland fisheries and gam their department, * * * may take fish and game of any kind when, where, and in such manner, as they choose, for the purposes of science and of cultivation and dissemination, and may grant written permits to other persons to take fish and game for the same purposes, and may introduce or permit to be introduced, any kind of fish into any waters. * * * The commissioners of inland fisheries and game may grant permission to take moose, caribou, deer and birds for park purposes in the state, under such rules, regulations and conditions as they shall establish. * * * Wardens: Sec. 4vc The governor with the advice and consent of the council, upon the recommendation of the commissioners of inland fisheries and game, may appoint suitable persons as fish and game wardens, who shall hold office for a term of three MAINE. L75 • vol. aii'l who shal din/ t-i inland ii-h and '.'aiuc. and all rules and regulations in relation ti I prostvute all offell I wardei .aired e bond of $2,000] shall have the same power to serve criminal pi loch offenders, and shall be allowed tin sheriffs, for lik< -hall have the same right as sheriffs to require aid In executing the dot their otlice. inland li-h and j.nnt' warden- m;i\ serve all pro buning to tin- collection of penalties for violation of inland fish and game laws; ash wardens may be appointed inland fish and game wardens and need not give addi- tional bond. Deputy war dens: S The commissioners of inland fisheries and game may appoint deputy wardens for whose official misconduct and neglect they Bhall be Qsible and may revoke such appointments at any time. The appointment and discharge of such deputy warden- shall be in writing, and they Bhall have the same -and be subject to the same laws, as wardens appointed by th< >rand council. Peace officers: Sbc. 51. Sheriffs, deputy sheriffs, police officers and constables, -ted with the powers of inland fish and game wardens and their deputies, and shall receive for like services the same I Arrest; Seizure; Search: Sbc. 52. [As amended by Laws of 1905, chap. 141.] The commissioners and every warden throughout the state shall enforce the provi- >f this chapter [relating to fish and game], and Bhall seize any game, fish <>r game birds taken or held in violation of this chapter; and every such officer may arrest, with or without a warrant, any person whom he has reason to believe guilty of a violation thereof, and with or without a warrant, may open, enter and examine all buildings, camps, vessels, boats, wagons, ear-. Btages, ten:-, and other receptacles and places and examine all boxes, barrels and packages when- he has reason to e that game, fish or game birds taken or held in violation of this chapter are found, and seize such game, fish or game birds if any be found therein, but no dwelling-house shall l>e searched for the above purposes without a warrant and then only in the day time, and no sealed railroad car Bhall be entered for the above pur- - without such warrant. Any magistrate may issue warrant- to search, within his jurisdiction, any dwelling-house, in the day time, <>r any other place at any time, for the purposes above set forth, to any commissioner of inland fisheries and game or any warden, sheriff or any of his deputies: such warrant shall he issued subject requirements of section thirteen of chapter one hundred and thirty-three of the revised statute.-: provided, however, that the commissioners Bhall, on or before - r first of each year in writing, notify the superintendents of all transportation companies doing business within the state of the name- of the wardens by them designated to exercise the right of search as herein provided, which number shal] not exceed four for any one transportation company, and no others shall, except those BO designated, be authorized to exercise the powers herein mentioned as to search. Form of action: Sec. 53. Any officer authorized to enforce the inland fish and same laws may recover the penalties for the violation thereof in an action on the in his own name, the venue to be as in other civil action-, or by complaint or indictment in tin* name of the state; and such prosecution may be commenced in the county in which the offense was committed, or in any adjoining county, and the plaintiff prevailing shall recover full costs without regard to the amount recovered. Jurisdiction; Malicious arrest: S» . 54. Any officer authorized to enforce the inland fish and game laws may. without pn.ee>.-, arrest any violator of any of said law-, and shall with reasonable diligence, cause him to be taken before any trial |usti( r any municipal or police court, in the county where the offense was com- mitted, or in any adjoining county, tor a warrant and trial. Jurisdiction in such 170 GAME COMMISSIONS AND WARDENS. cases is hereby granted to all trial justices and all other courts to be exercised in the same manner as if the offense had been committed in that county; and any office] who shall maliciously, or without probable cause, abuse his power in such proceed- ings shall be liable upon complaint or indictment, to a fine not exceeding one hun- dred dollars, or imprisonment not exceeding three months. Jurisdiction: Sec. 55. In all prosecutions under this chapter, municipal and p< .lice judges and trial justices within their counties have, upon complaint, original and concurrent jurisdiction with the supreme judicial and superior courts/' Fund: Sec. 56. * * all fines and penalties recovered, or money paid, under any of the provisions of this chapter, after deducting legal taxable costs, shall be paid forthwith to the treasurer of state by the person recovering the same; and all money so received by said treasurer shall be expended by the commissioners of inland fish- eries and game for the protection of the fish and game of the state. Corporation: Sec. 57. In case of a violation of any of the provisions of this chap- ter by a corporation, the warrant of arrest may be served by an attested copy on the president, secretary, manager or any general agent thereof in the county where the action is pending, and upon return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation; but this section shall not be deemed to exempt any agent or employe from prosecution. County attorneys; Witnesses; Reports: Sec. 59. Each county attorney shall prosecute all violations of this chapter occurring within his county, when such cases may come to his knowledge, or when he may be so requested by the commissioners or any officer charged with its enforcement, the same at all times to be subject to the supervision and control of the commissioners. In any prosecution under this chapter, any participant in a violation thereof, when so requested by the county attorney, commissioners or other officer instituting the prosecution, may be compelled to testify as a witness against any other person charged with violating the same, but his evi- dence so given shall not be used against himself in any prosecution for such violation. Every magistrate or clerk of the court before whom any prosecution under this chap- ter is commenced, or shall go on appeal, within twenty days after the trial or dismissal thereof, shall report in writing the result thereof and the amount and disposition of the fines collected to the commissioners at Augusta. In all cases, the officer making the seizure or sale of fish, game or birds shall within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and fees, and the disposition thereof to the commissioners at Augusta. Every warden shall, in the month of December of each year, and at such other times as the commissioners may require, report to the commissioners all violations of and prosecutions under this chapter, occurring in his district, together with such further information as the com- missioners may require. The failure of any person or officer to perform any act, duty or obligation enjoined upon him by this chapter shall be deemed a violation thereof. Permit; Prima facie evidence: Sec. 5. Whoever introduces wild birds or wild animals of any kind or species, into the state except upon written per- mission of the commissioners of inland fisheries and game, shall forfeit not less than fifty, nor more than five hundred dollars. Possession of any jack-light, * * * in any camp, lodge or place of resort for hunters or fishermen, in the inland territory of the state, shall be prima facie evidence that the same is kept for unlawful use; and they may be seized by any officer authorized to enforce the inland fish and game laws. * * * Fund; Damage by deer: Sec. 22 [As amended by Laws of 1905, chap. 132. Establishes nonresident licenses to hunt game, fees 85-S15.] All money received "State u. Craig (Me.), 13 Atl., 129. MAINE. 175 - - 1 Kill be forthwith paid to the treasurer of state, and ma) be expended 1>\ the commissioners in the protection of moose and deer, under the direction of the governor and council; provided, however, that the commissioners of inland fi- an-l game ma) adjusl and pay. from funds received for such licenses, for actual dai done to growing crops bj deer; * * * Prima facie evidence S [Prohibits transportation of moose and deer in season, ami in open season unless properly ta^i'd] ami it nhall be prima fade e\ idence that said game being transported or carried in violation of this section was illegally killed; _ ' Seizure of game: All birds, fish and game hunted, caught, killed, wil. bought, carried, transported or found in possession of any person 01 poration, in violation of the provisions of this chapter, -hall be Liable to Beizure; and conviction for such violation, such game shall be forfeited to the state, to 1 for consumption in the state only, Any person whose game <>r fish bas been seized for violation of any game or fish law shall have it returned to him on giving to the officer a bond with sufficient sureties, residents of the state, in double the amount of the fine for such violation, on condition that, if convicted of such violation, he will, within thirty days thereafter, pay such fine and cost-, [f he neglects or refuses to give such bond and take the game or fish bo seized, he shall have no action -t the officer for such seizure, or for the loss of the game or fish seized. Guides' reports: Sec. 32. [Requires guides to procure certificate from commis- sioners of inland fisheries and game.] Bach registered guide shall, from time to time, as often as requested by the commissioner-, forward, on blanks furnished him by the commissioners, a statement of the number of persons he has guided in inland fishing and forest hunting during the time called for in said statement, the number of days h»' ha- been employed as a guide, and such other useful information relative t<» inland fish and game, f< iresl fires and the preservation of the forests in the localities where he has guided, as the commissioners may deem of importance to the state, under a penalty of fifty dollars for unreasonably or willfully refusing to comply with these requirements. Laws of 1907, chap. 118, p. 132. Alien licenses: Ski. 1. [Reqjiires unnaturalized foreign-born persons who have not resided in the state for 2 years prior to passage of this act and who are not tax payers to procure a license before hunting.] Fee; Production of license; Disposition of funds: Sec. 2. [Licenses issued by commissioners «»f fisheries and game, fee $15.] Said licenses shall not be transfer- able and shall be exhibited upon demand to any of the commissioners of inland fisheries and game, and to any game warden or deputy game warden, and to any sheriff, constable, police officer or other officer qualified to serve process. Th- received from said licenses shall annually be paid into the state treasury and expended by the commissioners of inland fisheries and game for the protection of game and birds. Prima facie evidence; Seizure and disposition of firearms: Sic :,. If any firearm or firearms are found in the possession of any foreign-born unnaturalized person required to be licensed under the provisions of this act, when he is upon the wild lands or woods of the State, not having a license as herein provided, it shall be prima facie evidence that such person is hunting in violation of the provisions of this art and he shall be subject to a penalty of twenty-live dollars and costs for each offense, and a further penalty of forfeiture to the State of all firearms found in his -sion in violation of this section, and any person authorized to enforce the inland fish and game laws \q authorized to seize all firearms found in posse— ion in violation of the provisions of this section, and shall forthwith forward them to the 178 GAME ( <).\I MISSIONS AND WARDENS. commissioners at Augusta, and upon conviction of the person or persons from whom they were Beized shall sell them, the proceeds from such Bale to be paid to the treas- urer of state and expended by the commissioners of inland fisheries and game for the protection of fish and game. MARYLAND. Public General Laws, 1904, Vol. II. Art. XCIX, p. 2103. Game warden; Compensation: [sec] :!•"). The Governor of this State on the tenth day of April. 1896, and every two years thereafter shall appoint a game warden for the State whose term of office shall be for two year- or until his successor be appointed. The said game warden shall receive a salary from the State for hkf services of twelve hundred dollars per annum, and shall be entitled to an expense account for actual traveling expenses, and other expenses incurred in the discharge of his duties, to an amount not to exceed in any one year the sum of six hundred dollars, and shall receive a portion of the fines arising from the violation of the game and fish laws when the offenders shall be prosecuted by said game warden or his deputy game wardens, as hereinafter provided. The said game warden may be removed by the Governor of this State at any time upon proof satisfactory to him that said game warden is not vigorously enforcing the game or fish laws of this State, or is not a fit person for said position. * * * Duties: [Sec] 36. It shall be the duty of the said game warden and his deputy game wardens to prosecute all persons and corporations having in their posa - any name or fish contrary to either the general or local game or fish laws of this State. It shall also be their duty to see that the game and fish laws are enforced and obtain information as to all violations of the said game and fish laws. Deputies; Compensation: [Sec.] 37. Whenever the game warden considers that it is necessary that he should have deputy game wardens appointed to assist him in more efficiently enforcing the game and fish laws of this State, he may apply to the governor to commission such persons as he may designate to act as deputy game wardens in the counties and cities of the State, to enforce the game and fish laws of this State, and carry out all the provisions of this subtitle; such persons may be appointed for the whole State or for such counties or cities as the governor in his commission shall designate. If the governor approve such persons he may appoint them deputy game wardens; such deputy game wardens shall not receive a salary from the State, cities or counties, but shall be paid such compensation out of the fines collected or otherwise, as the game Warden may agree with them. Commission: [Sec] 38. The governor shall issue to each person so appointed as deputy game warden a commission, and transmit such commission to the clerk's office of the circuit court for the county in which the deputy game warden so appointed has his legal residence, or to the office of the clerk of the superior court of Baltimore city, if residing in Baltimore city, and he may revoke and annul any such appoint- ment at his pleasure. Duties and powers of deputies: [Sec] 39. [Deputy wardens required to take oath of office.] The game warden throughout the State, and also every deputy game warden so appointed, after the recording of the oath or affirmation to be by said game warden or deputy game wardens taken as aforesaid, shall, in the county, counties, city or cities for which such deputy game warden may be appointed, possess and exercise all the authority and 'powers held or exercised by constables at common law and under the statutes of this State, and also all authorities and powers conferred by law upon policemen in the City of Baltimore or other cities of the State, as far as arresting and prosecuting the persons for violating any of the fish and game laws of this State are concerned; and they are hereby vested with additional power to arrest without warrants persons suspected or known to be guilty of violating any of the provisions of the game and fish laws of this State, and to forthwith take any and all MARYLAND. 1 7'.' inch persona before the nearest justice of the peace to be dealt with in accordance with tin- provisions of the ga and fish lawa ol this State. In the event of finding game or n»h taken ..r had in |>oegession contrary to the provisions of any of the game or fish laws of this State, upon the persona so dealt with, the} Bhall proceed in the manner prescribed in Sections »'•. 11. 16 and 46. * * * Warden's badge: S ime warden and deputy game warden Bhall, when acting in his official capacity, except when on detective duty, wear in plain vii-u a metallic shield with the words " Game Warden " or " Deputy Game Warden/ 1 e case may be, inscribed thereon. * * * Dismissal: [S» | 41 Whenever the services of any deputy game warden shall no longer be required by the game warden, the game warden shall give a notice in writing to this effect to Baid deputy game warden, and Bhall file tin- -a me in the office of the clerk where the oath of office of Buch deputy game warden Bhall be recorded, which notice shall be noted by the clerk upon the margin of the record w here Buch oath or affirmation is recorded, and thereafter tin- power of this deputy game warden -hall cease and determine, and a copy of Buch notice Bhall be immediately ■erved on such deputy game warden by the game warden and Buch service Bhall be gistered letter to the U. S. mails or by the sheriff of the county in which the commission of the said deputy game warden so removed shall be recorded. Disposition of fines: [Sac.] 42. In all cases in which prosecutions for violations of any of the general or local game or fish laws of this Stan- Bhall l e instituted by _ ime warden or any deputy game warden, and shall result in the collection of a fine or tines, then all of such tine or fines, alter the proper court costs or costs of the justice of the peace in convicting such offenders shall have been paid, Bhall be paid to the game warden as his compensation. And all public and local game and fish laws heretofore enacted are hereby so amended as to make the fines therein provided payable to the game warden according to the terms of this section. This section shall not prevent the collection of any portion of such tines given bylaw to the informer by any person not a game warden or deputy game warden procuring the conviction of any person violating the name and fish laws. Search warrant: [Sec.] 43. If the name warden or any deputy game warden has reason to believe that any person or corporation has in his or its possession, contrary to law. any game as defined by section 35, [deer, wild turkey, pinnated grouse, ruffled grouse or pheasants, Mongolian and English pheasants, woodcock, partridge pr quail, rabbits, squirrels, duck-, geese, and all other species of wild fowl] or fish, it shall be the duty of the game warden or such deputy game warden to L r o before any justice of the peace in the county or city in which the game or fish may be, and make affidavit of that fact; said justice shall thereupon issue a Bearch warrant against the person or corporation so complained of, directed t" any constable of the -aid county or city, commanding him to proceed at once and Bearch for said game or fish and, upon finding the same, to seize and take possession of the same and keep it until further order by the justice. The said constable shall read said warrant to the owner or person in whose possession Baid game or fish is supposed to he. Said war- rant shall he returnable within not less than twelve hour- nor more than twenty-four hours from the date thereof. Proceedings: [Sec.] 44. At the time mentioned in said warrant, said ju-tice shall ed to hear and determine whether Baid game or fish was in the possession of the person or corporation contrary to law ; and if the said justice shall find that said irame or fish was in the possession of the defendant contrary to law, then said justice shall enter judgment against the defendant and order sale of the game or fish so I; hut if the said justice shall find that the possession of Buch game or fish was not contrary to law. then the judgment shall be that the same he returned to the •i or corporation from whom the same was taken. An appeal to the circuit court for the county, or the Baltimore city court, a- the case may he. may he taken 4358— No. 28—07 1:5 180 GAME COMMISSIONS AND WARDENS. within two hours by the defendant from the judgment of the justice upon giving sufficient bond to cover the cost of the appeal and the value of the game or fish seized, to be determined by the justice. Sale of seized game : [Sec. ] 45. In case of judgment and order of sale, as specified in section 44, and in absence of appeal and the filing of a proper bond, as provided by said section, then said constable shall at once post two notices, one at the justice's doorand theotherat the place of sale, specifying in each notice the time and place of sale, not less than live hours from the hour at which the judgment was rendered, and also a description of the game or fish to be sold; said place of sale shall be at the most public place obtainable for the purpose. Said constable shall, at the time and place men- tioned in said notice, sell such game or fish at public auction to the highest bidders for cash, and at once pay the proceeds of such sale to the justice; said constable shall give the purchaser a certificate of purchase in which shall be a particular description of the game or fish sold, together with the date of sale. Disposition of proceeds: [Sec] 46. If there has been no appeal, or if the judg- ment of the justice is affirmed on appeal, the said justice shall deduct his costs, if not already paid, together with the constable's costs, which shall include a fee of ten per centum of the amount of the proceeds of the sale for his services as auctioneer, and shall distribute the balance of such proceeds of sale or the ascertained value of the game or fish seized as secured by the bond, as follows: One-half shall be paid to the game warden, which shall be kept by him for his services, and one-half shall be paid into the county or city treasury for the benefit of the school fund. Nonliabilty : [Sec] 47. The game warden and the deputy game wardens shall not be liable for any damage or costs sustained by any person or corporation by rea- son of the wrongful seizure of game or fish under this sub-title; provided, however, that the enforcement of this sub-title shall in nowise prevent prosecution of persons or corporations for violations of the game or fish laws of this State. State fishery force; State officers: [Sec] 48. Whenever the game warden shall require the assistance of the State fishery force he shall so advise the governor who. acting for the board of public works shall, if he approve the request of the game warden, instruct the commander of the State fishery force to forthwith assist the game warden in the enforcement of the game and fish laws of the State. And when- ever the game warden or the deputy game wardens shall require the advice and assistance of the State's attorneys and sheriffs of the several counties of the State or of Baltimore city, it shall be the duty of said officers to render the required assistance as in other State cases. Liability of accessory: [Sec] 5. Any person aiding or abetting another by fur- nishing a boat or float of any description, or gun or ammunition, to be used in viola- tion of sections 1, 2 or 3 [prohibiting shooting waterfowl bedded in flocks from any floating craft or boat; shooting same from boats or craft of any kind while said waterfowl are flying about their feeding grounds or elsewhere over the waters of the State] of this article, shall be deemed guilty of a misdemeanor and shall be dealt with and fined as if he had violated them himself. Arrest; Seizure: [Sec] 6. Any officer of the State fishery force, sheriff, constable or commissioned militia officer of the county wherein the provisions of this article relating to water-fowl may be violated, who shall be satisfied either upon his own view or information received of any other person, whether on oath or not, that any one has violated the said provisions, is authorized and empowered to arrest and take into custody such person so offending, and the boatmen or other persons found on board of the vessel, boat, float, canoe or craft employed to convey such offender for the purpose of shooting at or killing wild ducks or wild fowl of any description con- trary to the provisions of this article, and shall seize and take into his possession the said vessel, boat, float, canoe or craft, and the gun or guns, ammunition and decoy ducks in the same or in the use or possession of the offender or offenders. Prima I I ; officen shall I :in \ th< rretrted before a justice of the peace of the count) wherein the offense int) mmitted, repre»enting \>< the justice 1 1 1 « - breach of the law committed; and the iistice -hall inquire fully int.. tin- alleged offense, of n hich th.- tin* 1 i 1 1 — mplo} >•.! I or int!' f the ns charged shall I m> considered as jrrima facit evidence of guilt. Pre [f after .i full investigation the said justice thai] think the e -hail .list n is- the same :it the cost of the county; hut if be shall the opinion that any wild ducks or other water-fowl have been shot at or killed •..us l. l* m- .".. he shall render a judgment of not less than ten nor than one hundred dollars against each person engaged directly or indirectly therein for each offense, and he may commit him to the county j;iil in the event of ■• [>aying the fine thus imposed, if the officer making the arrest and seizure it; and if committed, the officer who desired the commitment Bhall pay the jail fees at the rate of twenty-five cents per day, and in case of a failure t«. pay the said fees for the space of three consecutive days, the party whose jail fees shall thus remain unpaid shall be discharged from confinement Sale of seized appliances: [Sec.] 9. The justice shall also adjudge and condemn a< forfeited to said officer and to the person or persons who may have aided him in making the arrest and seizure the vessel, boat, float, canoe or craft, together with the tackle, furniture and apparel on board of the same at the time of the seizure, and all or any other property in the possession of the said officer, found, seized, and taken ■d- aforesaid; and the said officer with the person or persons who aided him in making tin- arrest and seizure shall sell the Bame to the highest bidder for cash after ten days' n< ■• : Appeal: [Sec.] 10. If any person so convicted shall think himself aggrieved by ■och conviction, he shall be at liberty to appeal from the judgment of the justice of the peace, within ten day- from the rendition thereof, to the circuit court for the county wherein the offense is alleged to have been committed; provided, he give bond to the State with two sufficient securities, to be approved by the said jus-tire, in a penal sum of double the amount in value of the boat or craft and property so seized and the fines imposed, to be estimated by the said justice, conditioned to prosecute his appeal to the circuit court: and it shall be the duty of the justice taking the appeal bond immediately to deliver the same to the officer who made the arrest; and in case of forfeiture of the bond the said officer may prosecute the same for his id the use of those engaged with him in making the arrest and seizure. Resisting- officer: [Sec.] 11. If resistance be made to the officer engaged in mak- or seizure, such resistance shall be deemed a misdemeanor, pn able by the grand jury of the county, and punishable in the circuit court therefor by line and imprisonment as other misdemeanors are punished. Disposition of proceeds; Exception: [Sec.] 12. After the payment of the costs of the prosecution of the offenders, the balance arising from the line and the sale of the boat and other property hereinbefore mentioned shall be divided and apportioned in the following manner: one-half to the officer and those who assisted him in making the arrest and seizure, and the balance to he paid over to the county commissi for the benefit of the school fund of the county. The preceding sections shall not apply to Baltimore, Harford orCecil counties, as to which special provision is made in the local laws thereof. Confiscating gun: [Sec] 22. [Prohibits use of any gun other than one tired from the shoulder] and every gun which is not -.-habitually fired from the shoulder, resaid, shall be liable to seizure by any State or county officer authorized to te warrants, and the forfeiture and destruction by any justice of the peace before whom such gun shall be produced. 182 GAME COMMISSIONS AND WARDENS. Prima facie evidence: [Sec.] 2.3. [Prohibits shooting of any birds at night] and if at the trial it shall be proved that the person charged with shooting at or the killing said birds in the night time was at or about the place where the shot was fired, and that he had a gun in his possession on the night in question, in the vicinity w r here such shooting occurred, either prior to or at the time of or after the shooting, such fact shall be deemed prima facie evidence of his having violated the provisions of this section. Big guns; Prima facie evidence: [Sec] 24. [Prohibits possession, sale and disposition of big or swivel guns for hunting wildfowl,] and the possession of, sale or disposition by any person of any such big or swivel gun in this State shall be deemed prima facie evidence that the same is possessed or sold, or disposed of with the intent, and for the purpose of shooting at or killing such birds in this State, and every gun shall be deemed a big gun, for the purpose of this law, which is not habitually raised at arm's length and fired from the shoulder, * * * Jurisdiction; Informer: [Sec] 31. The justices of the peace of this State in and for the city or county wherein the offense shall be committed shall have jurisdiction to hear and determine all prosecutions for the purpose of enforcing fines and penal- ties * * * and in all cases where such prosecutions are begun or instituted by any person other than the State game warden or one of the deputy game wardens of this State, and shall result in the collection of a fine or fines, then one-half of such fine or fines, after the proper court costs or costs of the justice of the peace in the trial and decision of the case shall have been paid, shall be paid to the informer, and the Other half to the school fund of the city or county in which said prosecution is conducted. MASSACHUSETTS. Revised Laws, 1902, chap. 91, p. 787. Commissioners: Sec 2. There shall be a board of commissioners on fisheries and game consisting of three persons who shall be appointed by the governor, with the advice and consent of the council, for the term of five years from the time of their appointments and who shall be removable at the pleasure of the governor. Arrest without warrant: Sec 4. The commissioners and their deputies, mem- bers of the district police and all officers qualified to serve criminal process may arrest without w T arrant any person whom they find violating any of the fish or game laws, except that persons engaged in the business of regularly dealing in the buying and selling of game as an article of commerce shall not be so arrested for having in possession or selling game at their usual places of business. Fines and forfeitures: Sec. 137. All fines, penalties and forfeitures recovered in prosecutions under the laws relative to fisheries, * * * shall be equally divided between the complainant and the commonwealth but if the complainant is a deputy appointed by the commissioners on fisheries and game and receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid into the treasury of the commonwealth. Revised Laws, chap. 92, p. 809. Prima facie evidence: Sec 11. [As amended by Laws of 1906, chap. 241.] * * * The constructing or setting of a trap, snare or net adapted for the taking or killing of a game bird, water fowl, hare or rabbit, upon premises frequented by them, shall be prima facie evidence of such constructing and setting with intent to take and kill contrary to law; and possession of a ferret in a place where the game mentioned in this section might be taken or killed, shall be prima facie evidence that the person having it in possession has used it for taking and killing game contrary to law. Ferrets which are used in violation of the provisions of this section shall be confiscated. M U38A4 HU8ETT8. L88 Authority of Goxmnii i' 1 rheauthorit) ol the commit fisheries and game and of their deputies Bhall extend to the propagation, protection end preservation of birds and animal- in like manner a- to fish. Disposition of tiii | Ls amended by Laws ofl 907, chap. 300.] Allnnec end forfeitures accruing under the provisions of laws relating t" birds, mammal* and shall he paid and < •-<•.! of in accordance with tin- provisions •>! section one hundred and thirty-seven of chapter ninety-one. Aits of 1902, chap. 1^7, p. 64. Prima facie evidence: Si:c. •_'. I\ '-session of the wild or undomesticated birds specified in this act [nongame birds, except certain species,] shall be prima facie evidence that they have been captured and are held in possession contrary to law. Acts of 1904, (hap. 367, p. 237. Seizure: Sec. 1. A.ny commissioner on fisheries and game, deputy commissioner (.n fisheries and game, member of the district police, or officer qualified to - criminal process, may. with a warrant, search any boat, car, box, locker, crate, or package, and any building, where. he has reason to believe any game or fish taken or held in violation of law is to be found, and may seize any game or fish so taken or held, and any game or fish so taken or held shall be forfeited: Provided, however, That this section shall not authorize entering a dwelling house, or apply to game or fish which is passing through this Commonwealth under authority of the laws of the United States. Search warrant: Sec. 2. A court of justice authorized to issue warrants in criminal shall, upon complaint under oath that the complainant believes that nny game or fish unlawfully taken or held is concealed in a particular place, other than a dwelling house, if satisfied that there is reasonable cause for such belief, issue a warrant to search therefor. The search warrant shall designate and describe the place to he searched and the articles tor which search is to he made, and shall he directed to any officer named in section one of this act, commanding him to search the place where the game or fish for which he is required to search is believed to be concealed, and to seize such game or fish. Approved .May 23, L904. Acts of 1905, chap. 317, p. 236. An act t<> provide f'>r u r r;t!Hi!iK r to unnaturalized, foreign born ]>cr^>n-; licenses t<> hunt. Production of alien license: Sec. 2. * * * The said license shall not he transferable, and shall he exhibited upon demand to any of the commissioners on fisheries and <_ r ame or their deputies, and to any game warden or deputy game warden, and to any sheriff, constable, police officer or other officer qualified to serve Tin- fees received for the said Licenses shall annually he paid into the treasury of the Commonwealth. Approved April 21, 1905. Acts of 1907, chap. 198, p. 116. Nonresident hunting- license, production of : Si;c. 4. No license shall be valid unless the signature of the person to whom it is issued is written thereon, and every such person .-hall at all times when hunting carry his license on his person, and shall at all reasonable times and as often as requested produce and show such license to any person requesting him to do so, and if he fails or refuses BO to do he shall forfeit the license and he deemed to he huntingin violation of the provisions of this act. Failure to produce license ; Arrest without warrant : Bec. »'•. The commis- sioners on fisheries and game, and the detectives in their employ, shall have the right, 184 GAME COMMISSIONS AND WARDENS. after demand and refusal or failure to exhibit any such, license, to arrest without warrant any non-resident person or persons found hunting, pursuing or killing any wild animal, wild fowl or bird, and for the purpose of this arrest any person who shall refuse t<> state his name and place of residence on demand of such officer shall be deemed a non-resident. MICHIGAN, a Compiled Laws, 1897, chap. 150, p. 1800. State game warden; Appointment: (5753) Sec. 1. That it shall be the duty of the Governor to appoint some person, a resident of this state, game and fish warden. Said warden shall hold his office for four years, or until his successor has been appointed and qualified, unless removed for cause by the Governor. [Other provi- sions of this section superseded by Laws of 1899, No. 37.] Duties; Actions: ( 5754) Sec. 2. « It shall be the duty of said game and hsh warden to * * * enforce the statutes of this State for the preservation of moose, wapiti, deer, birds and fish, and to enforce all other laws of this State for the protection and propagation of birds, game and fish now in force, or hereafter enacted, and to bring or cause to be brought and to prosecute or cause to be prosecuted actions and pro- ceedings in the name of the people of this State to punish any parties for the viola- tion of said statutes and laws. Such actions and proceedings may be brought in the name of the people in the like cases, in the same courts, and under the same circum- stances as they may now or at any time hereafter be brought by any individual or by the prosecuting attorneys of the several counties under and by virtue of any laws now existing or hereafter enacted. Search; Prima facie evidence; Seizure: (5755) Sec. 3. & Said warden may make complaint and cause proceedings to be commenced against any person for the violation of any of the laws for the protection or propagation of game or fish without the sanc- tion of the prosecuting attorney of the county in which such proceedings are com- menced, and in such case he shall not be obliged to furnish security for costs. Said warden may also appear for the people in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation of fish or game, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of the county in which such proceedings are commenced. Said warden shall have power to search any person and examine any boat, conveyance, vehicle, fish box, fish basket, game bag, or game coat, or any other receptacle for game or fish, when he has good reason to believe that he will thereby secure evi- dence of the violation of the law; and any hindrance or interference, or attempt at hinderance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with, or attempt to hinder or interfere with such search and examination. Said game and fish warden shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed, at a time, in a manner or for a purpose, or had in possession or under control, or have been shipped contrary to any of the laws of this State, such seizure may be made without a warrant. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any building, enclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined by said game and fish warden. All birds, animals or fish or nets " Acts of 1907 not received. ?> For a judicial exposition of this section, see Osborn v. Charlevoix Circuit Judge (Mich.), 72 K W., 982. MICHIGAN. L85 or fishing appliances or apparatus seized bj the said game and fish warden shall l»- disposed of in such manner as may be directed by the courl before whom the ofl 1 or by am court of competent jurisdiction. Bald game and fish irarden not be liable for damages on account of any search, examination or seizun the destruction of any nets or fishing apparatus of any kind, In accordance with the pro\ isions of this act. Process; An- ■ laidgameand fish warden shall have the same power re criminal process as sheriffs, and shall have the same righl as sheriffs to require aid in executing such process. Said warden may arrest, without warrant, any ; caught by him in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall proceed without dela} to hear, try and determine the matter, and the same proc Lings shall be ha i ar a- may be, as in other criminal matters triable before a justice of the peace, orother magistrate having jurisdiction. Such arrests may be made on Sunday, in which case the person arrested Bhall be taken before a justice of the peace, or other magistrate having jurisdiction, and proceeded againsl as soon as- may be, on a week da\ follow ing the arrest. Report to auditor-general: (5757) Sec. 5. Said warden shall, in the month of December in each year, file in the office of the auditor-general, an account in writ- ing, stating the days and parts of days spenl in the discharge of his duty, the kind of sen ice rendered and the places where rendered, and the expenses paid or incurred in the time of the discharge of such duties, which account shall be verified by the oath of said warden stating that the same is correct and true in every particular. Report to secretary of state: (5758) Sec. 6. [The warden shall report in writ- ing to the secretary of state, at the close of each month, a full account of ad he has done, and he shall not receive any payment for his services until such report is made. The secretary of state shall transmit this report to the legislature.] Deputies; County wardens; Resisting- officer: (5759 Sec. 7. The said game and fish warden shall have power to appoint deputy game and fish wardens, who shall have the same power and authority herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game and ti>h warden. Said deputy game and tish wardens shall receive three dol- lar- per day for each day actually spent in the discharge of their duties, under the direction of the game and fish warden, and their actual expenses necessarily incurred when so employed; said three dollars per day and expenses to he paid monthly on the warrant of the Auditor General, on the approval of itemized vouchers thereof, verified under oath and certified bythegameand fish warden; but the number of deputy wardens shall not exceed ten and the total amount certified by the game and fish warden and approved by the Auditor ( reneral for compensation and expeng deputy wardens in any one year shall not exceed the sum of two thousand dollars. Said game and fish warden shall also have power to appoinl in each county not to exceed three resident- thereof as county game and fish wardens, w ho shall have the same powers in their respective counties as is herein provided for the game and fish warden himself, subject to the supervision and control of and to removal by the game and fish warden. The said county game and fish wardens may be employed by individuals, clubs and corporations interested in the enforcement of fish and iiame laws, and shad receive such other compensation as may he allowed and pro- tided for by the supervisors of their respective counties, * * * Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with the said game and fish warden or any deputy or county warden in the discharge of any of his duties, shall be deemed guilty of a misdemeanor. * * * Disposition of license fees: (5797 | Sec. 6. [As amended by Laws of L905, No. 225.] Such [county] clerk shall retain for his own use out of the moneys received for each [resident and nonresident deer] license issued the sum of twenty-five cents, which 186 GAME COMMISSIONS AM) WARDENS. shall cover the swearing of the applicant to the affidavit herein referred to, and all other services under this act and shall pay the balance to the county treasurer of his county on the first day of March, May, September and December of each year, speci- fying the amount thereof received for resident and for non-resident licenses. Said county treasurer shall forthwith forward to the State Treasurer all sums of money received by him for non-resident licenses and one dollar of each license fee received by him for resident licenses and the balance he shall hold in his hands to be used as hereinafter provided. The amount remaining in the hands of the county treasurer shall be paid out upon orders of the board of supervisors, but only for services ren- dered by sheriffs, constables, deputy game wardens and county game wardens in enforcing the game and fish laws of this State, in said county. All moneys to be retained by the county treasurer under the provisions of this section against which orders have not been drawn by the board of supervisors shall be paid into the State treasury at the expiration of one year after the year in which the license was issued. So much of said moneys as is paid into the State treasury shall be paid oujt by the Auditor General upon his warrant, but only in payment for services rendered by the State Game and Fish Warden and his deputies as allowed by law for such services, and the necessary traveling expenses in enforcing the game and fish laws of this State, upon itemized bills duly certified by the State Game and Fish Warden and allowed by the Board of State Auditors, whose duty it shall be to audit and allow the same. Production of license: (5801) Sec. 10. Any person found hunting any deer pro- tected by the laws of this State with any kind of fire arms and who shall refuse to show his license herein provided for, to any sheriff, deputy sheriff, constable, game warden, deputy game warden or county game warden on demand, shall be deemed and held to be guilty of violating the provisions of this section, in addition to violat- ing any of the other provisions of this act, and may be fined upon conviction for such refusal as provided in section twelve of this act. Perjury: (5802) Sec. 11. Any person who shall procure a license under the pro visions of this act by false swearing shall be guilty of perjury * * * Prima facie evidence: (5807) Sec 4. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or all times pro- hibited by the laws of this State, shall be prima facie evidence that it was killed in this State, to disprove which it shall be necessary to show by the testimony of the party who actually caught, took or killed the same, that it was killed outside of this State. Whenever it shall appear that any bird, game or fish of a kind, the killing of which is at any time or at all times prohibited by the laws of this State, was caught, taken or killed outside of this State, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and for a purpose prohibited by the laws of the State, Territory or country where it was caught, taken or killed, and was shipped out of said State, Territory or country in violation of the laws thereof, to disprove which it shall be necessary to show by direct and positive evidence that it was killed at a time, in a manner and for a pur- pose permitted by the law of the State, Territory or country where it was killed and that its shipment out of said State, Territory or country was not forbidden by the law thereof. Limitation: (5811) Sec 7. All prosecutions under the provisions of this act [pro- hibiting possession of game illegally taken in another State] shall be commenced within one year from the time such offense was committed. Acts of 1899, No. 37, p. 53. Compensation: Sec 1. The State Game and Fish Warden shall receive an annual salary of two thousand dollars, payable monthly, and shall also be reimbursed his actual expenses necessarily incurred in the performance of his duties, to be paid MICHIGAN. 1 v 7 monthly on the warrant of the Auditor General on the approval of bis vou tin r. >f< s State Game and Fish Warden Bhall devote hif entire time to the duties of In- ottice. Ohief Deputy; Oompenaation: B» Bald Game and Fish Warden ihall have power to appoint a Chief Deputy, for whose acts he shall be responsible, and may h Appointment at pleasure. Said Chief Deputy shall take the constitu- tional oath of office, and nhall do such work lu the game and fish warden department ^ned hi 111. During the sickness, absence or disability of the Game and Fish Warden he may execute the duties of the office. Said Chief Deputy shall devote his entire time to the work of his office and Bhall receive an annual salary of fifteen hundred dollars, and hia actual expenses uecessaril} incurred, to be paid monthly on tin- warrant of the auditor General, «>n the approval of his vouchers therefor by the State Game and Fish Warden Bond: S» . '.. [State < rame Warden Bhall give bond in the mum of $5000.] Acts of 1905, No. 257, p. 370. An act t" revise and amend the laws tor the protection of game and > . i r< l - . Prima facie evidence: SfiC. 6. L' > "'- >t ssion of deer, or fawn, or -kin thereof in red or spotted coat, is prima facie evidence of illegal killing.] Prima facie evidence: Sec. s . No person shall make use of any artificial Light in hunting, pursuing or killing deer, or in attempting to hunt, pursue or capture, or kill any deer, and the wearing or having such light on the head or in possession in the woods -hall be prima facie evidence of a violation of this section. Prima facie evidence; Killing do^s: Sec. 9. No person or persons -hall make a e a separate offense and the person bo offending shall he liable to the penalties and the punishments herein piovided for each offense. In all ; rations for a violation of any of the provisions of this act, proof of the possession of the dead body, carcass or skin, or any portion thereof, of any animal or bird men- tioned or referred to in thi- act [all the game of the State], except as hereinbefore provided at a time when the killing thereof is unlawful, shall he prima facie evi- dence that such animal or bird was killed at a time when the killing thereof was prohibited by law. All persons violating any of the provisions of this act. whether as principal, agent, servant, or employe, shall he equally liable as principal, and any 188 GAME COMMISSIONS AND WARDENS. pereoD or principal shall be liable for any violation of any of the provisions of this act, by his agent, servant or employe, done under his direction or knowledge. Disposition of license fees: Sec. 27. [Fees for export licenses are paid into the State treasury for use in payment of the State Game and Fish Warden and his deputies.] Audubon Society wardens: Sec. 28. It shall be the duty of the State Game and Fish Warden and all deputy wardens, sheriffs, deputy sheriffs and constables, to enforce the provisions of this act, and the Michigan Audubon Society, a body incor- porated under the laws of the State of Michigan, may name four persons to represent such society in carrying out the provisions of this act. Each person so named shall be duly appointed by the Game and Fish Warden and shall be invested with and exercise all the powers of a deputy game warden, but shall receive no compensation therefor from the State of Michigan or any county thereof. It shall be the duty of the Michigan Audubon Society to assign territory to the persons selected by them to carry out the provisions of this act as above provided and to require a monthly report from each of such persons. Upon complaint that such person or persons so appointed are negligent in the duties assigned to him or them in carrying out the provisions of this act, the said Audubon Society shall report the fact to the Game and Fish Warden, who shall immediately remove such person or persons and upon recommendation of the Audubon Society shall make appointment to fill such vacancy. In pursuance of this provision the said Michigan Audubon Society shall file a bond with the Secretary of State in the amount of one thousand dollars, wdth sufficient sureties, approved by the Secretary of State. Penalty: Sec 29. * * * and in all cases when a fine and cost is imposed the court shall sentence the offender to be confined in the county jail until such fine and costs are paid, for any period not exceeding the maximum jail penalty provided for such offense. Approved June 16, 1905. MINNESOTA. Laws of 1905, chap. 344, p. 598. Game and fish commission; Appointment; Terms: Sec 1. A state game and fish commission is hereby created, consisting of five (5) members to be appointed by the governor for a term of four (4) years each. Those heretofore appointed pursuant to chapter three hundred thirty-six (336) of the laws of 1903 shall continue in office until the expiration of their respective terms. Vacancies arising from any cause shall be filled by the governor. Members shall serve without compensation except for necessary expenses to be paid upon an itemized statement thereof duly audited by said commission. Office: Sec 2. Said commission shall have an office in the capitol and be supplied with suitable stationery, a seal and blanks and postage for the transactions of its business. General powers; Duties: Sec 3. Said commission shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish and harmless birds and animals. Said commission shall have general charge of — 1. The propagation and preservation of such varieties of game and fish as it shall deem to be of public value. 2. The collection and diffusion of such statistics and information as shall be ger- mane to the purpose of this act. 6. The seizure and disposition of all game birds, game animals and fish, either taken, killed, transported or possessed contrary to law, of all dogs, guns, seines, nets, boats, light, or other instrumentalities unlawfully used or held with intent to use, in pursuing, taking, attempting to take, concealing or disposing of the same. MINNESOTA. [89 Reports; Beoordi [Ai amended bj Lews of 1907, chap. HJ9.] Said corn- on -I Kill. «>ii or I >< •!•.!. I »,•. . i of each even numbered year, rabmit tothegovernoi I detailed report of its actions, including the amount of mom I from all es, an inventory of all game, flsh, guns, dogs, seines, nets and other pr I and sold, with tlir name- of the purchasers, and the amount received, :m« ! an itemized statement of its disbursements. The books and vouchers of said commis- -i..p -hall be subject to examination by the public examiner at all times. Executive ugvnt: -n i mended by Laws of 1907, chap. 189.] The com- mission shall appoint one of its members its executive agent, who shall devote all his time to the discharge of his duties, and shall receive compensation therefor to ced by said commission, not exceeding twenty-five hundred dollars per rear. He shall act as Buch executive agent during the pleasure of the commission and be subject to its direction. When the commission is not in session, be is hereby authorized to exercise in its oame, all the rights, powers and authority vested in said commission. Before entering upon the discharge of bis duties he shall give a bond to the State of Minnesota, with sureties or security, to be approved by the commis- sion, in the penal sum of five thousand (5,000) dollars, conditioned for the faithful accounting of all state property coming into his bands. Employees: Sec. 6. It may also employ a sufficient number of game wardens, other persons, and office assistants, as may be necessary to carry out the purposes of this chapter, and fix their periods of service and compensation. Other officers; Attorney: Sac. 7. The county attorney-, sheriffs, constables and other peace officers, are hereby required and it is made their duty, to enforce the provisions of this chapter and the commission may employ an attorney or attorneys to perform such legal sen ices as Baid commission may require. 1 fe shall appear for sai-1 commission in all civil actions in which it or its wardens may be interested officially, and may assist the county attorney in the prosecution of criminal actions arising under this chapter, ami when for any reason the county attorney does not rate such criminal actions, he may conduct such prosecutions on behalf of the State with the same authority as the county attorney. The compensation to be paid said attorney shall be fixed by the commission and paid out of the funds provided for the enforcement of this act. Execution of writs: Sec 8. [As amended by Laws of 1907, chap. 469.] The executive ageni of said commission, all members and all wardens appointed by said commission, shall have full power and authority to serve and execute all warrants and process the [of] law issued by the court in enforcing the provisions of this act, or any other law of this state relating to the preservation and propagation of game and ti>h. in the same manner as any constable or sheriff may serve and execute the same, and for the purpose of enforcing the provisions of this chapter, they may call to their aid any sheriff, deputy sheriff, constable or police officer or any other per- son, and it shall be the duty of all sheriffs, deputy sheriffs, constables or police officers and other persons, when called upon to enforce and aid in enforcing the pro- visions of this chapter. The executive agent and all deputies shall have the power to arrest without a warrant any person or persons found in the act of violating any law enacted for the purpose of protecting or propagating game or fish. Bonds: Sec. 9. The following appointees shall give bonds to be approved by the commission and filed in the other of the secretary of state, conditioned for the faith- ful discharge of their respective duties, in the following amounts: * * v * * * - ond — Each game warden five hundred dollars ($500). Terms denned; Agency no excuse: Sec. 10. The words •sell" and "sal< used in this chapter shall be construed as meaning any sale of or offer to sell or having in possession with intent to sell, use or dispose of the same contrary to law. The word "person" shall be deemed to include partnership.-, associations, and cor- ]90 GAME COMMISSIONS AND WARDENS. porations, and no violation of any provisions of this chapter shall be excused for the reason that the prohibited act was done as the agent or employe of another, nor that it was committed by or through an agent or employe of the person charged. The word "possession" shall be deemed to include both actual and constructive posses- sion as well as the control of the article referred to. The term "waters of this state" shall be held to include all the boundary waters of the state, and the provisions of this chapter shall be deemed to extend and be in force and effect over, upon and in all thereof. The terms "any part thereof" or "the parts thereof," whenever used in this chapter shall be deemed to include the hides, horns and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to. The term "fur bearing animals" shall not be deemed to include deer, moose or caribou. Inspection of hotels, etc. : Sec. 11. The game and fish commission and all game wardens shall inspect from time to time, hotels, restaurants, cold storage houses or plants and ice houses commonly used in storing meats, game or fish for private par- ties, including all buildings used for a like purpose, for the purpose of determining whether, game or fish are kept therein in violation of the provisions of this chapter. Any person, in possession or control, or in charge of any hotel, restaurant, storage plant or building referred to, or any part thereof, who refuses or fails to permit any member of the game and fish commission or any warden appointed by said commis- sion to enter any such building or any part thereof, or any receptacle therein, for the purpose of making such inspection, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty (50) or over one hundred (100) dollars, including costs of prosecution, or imprisonment in the county jail for a term of not less than thirty (30) or over ninety (90) days for the first offense, and upon conviction for a second offense shall be punished by imprisonment in the county jail for a period of not less than sixty (60) or over ninety (90) days. Contraband game; Seizure; Search: Sec. 12. Any bird, animal, fish or any part thereof, caught, killed, shipped or had in possession or under control contrary to any of the provisions of this chapter, is hereby declared to be contraband. The game and fish commission, all game wardens, sheriffs and their deputies, con- stables and police officers, shall seize and take possession of any and all birds, ani- mals, or fish or any part thereof which have been caught, taken, killed or had in possession or under control or shipped contrary to any of the provisions of this chap- ter. Any court having jurisdiction may upon complaint showing probable cause for believing that any bird, animal, fish or any part thereof caught, taken, killed or had in possession or under control by any person, or shipped or transported contrary to the provisions of this chapter, is concealed or illegally kept in any building, car or receptacle, shall issue a search warrant and cause a search to be made in any such place for any such birds, animals, fish or any part thereof, and may cause any build- ing, inclosure or car to be entered, and any apartment, chest, box, locker, crate, basket, package, or any other receptacle whatever to be broken, opened and the con- tents thereof examined. All such officers taking or seizing any such birds, animals or fish, or any part thereof, shall at once report all the facts attending the same to the commission. Contraband devices: Sec 13. All nets, seines, lanterns, snares, devices, contriv- ances and materials, while in use, or had, or maintained, for the purpose of catching, taking or killing, or attracting or deceiving any bird, animal, or fish contrary to any provision of this chapter, within this state, or upon or in the boundary waters thereof, including fish houses, inclosures or other sheltering structures or appliances erected or maintained upon the ice or in any waters, or on the shore of any la'ke, pond or stream, is hereby declared to be and is a public nuisance. The commission, all game wardens, sheriffs and their deputies, constables and police officers shall without warrant or process, take, seize, abate and destroy any and all of the same while being MINNESOTA, 1 9 I used, had or maintain**! for such purpose ami no liability -hall be incurred I to am person. Witnesses: S» 14. [n any prosecution under the provisions ol this chapter, a [.ant in th«- violation thereof raaj testify as a witness againsi any other p violating the same, without incriminating himself, [the evidence so given shall not be used ! in any criminal proceeding for such violation. Limitations: Sbc. 15. All prosecutions under tin- chapter -hull be commenced within two 2 years from the time the offense was committed. Exchange of specimens: 8b i»>. The commission may secure by purchase or otherwise, and exchange specimens of game birds, game animals or fish with the game commission or state game warden of other states for breeding purposes, and not othei \\ ise; and may also granl permission under the seal of aaid commission, to any accredited representative of any incorporated society of natural history to collect for scientific purposes only, nests, e-'_ r -. birds, animals or fish protected by this chapter. Such specimens shall not be sold or transferred. Disposition of fines: Six. L9. All fines collected under any of the provisioi this chapter shall be paid into tin- county treasury of the county wherein the con- viction was ha7, p. 706. Board of supervisors; Wardens: [Sbc.] 2305. The boards of supervisor given full jurisdiction and authority for the protection and preservation of game and fan in their respective counties, and to conserve the Bame for the use and consump- tion of the inhabitants, and for thai purpose may appoinl a game warden who shall discharge such duties as ma) be prescribed by them. The game ward) n -hall have authority to appoint as many deputies as he may see proper to aid him in the die- charge of his duties, and his deputies -half have the same powers in all reepi are conferred upon him. Forfeiture of guns, etc.: [8bc.] 2310 All game and fish taken contrary to the law or the regulation of the board of supervisors, as well as the guns, dogs, traps, |nd appliances for taking game, and the seines, nets, rods and the Like for catching flsh, which may be used in taking game or catching fish unlawfully; shall be for- feited; and thf court adjudging the forfeiture in a civil or criminal proceeding shall allow reasonable compensation oul of the proceeds to the prosecutor for his trouble. Disposition of guns, etc.: [Sec.] 2311. It shall be competenl for the board of supervisors, in cases of forfeiture of the articles seized, to determine the disposition to be made of them; and if there he any delay given to the party arrested for the hearing <>i the case, the magistrate may cause the game or fish seized to be disposed of before the hearing and the proceeds to be held to abide the result. Administration: [Sbc.] 2314. The judicial administration of the game laws and regulations of the hoard- of supervisors pertains, as a matter of police, to any justice of the peace, mayor, or police justice, of any city, town, or village in the county as to all violations of such gaming laws and regulations committed within their respective districts; and the breach of any regulation, order or resolution of the board of super- 3 shall he a misdemeanor and a violation of police order, and shall subject to forfeiture the game and fish taken, and the appliances used in the taking thereof, in violation of such police regulation, and to such fine and imprisonment as may be prescribed by the regulations, or to one or more or these penalties. Such matters shall he Bummarily heard and disposed of as other matters affecting the public police and order. Arrest: [Sec.] 2315. It shall be the duty of the game warden, sheriff, constable, and city, town, and village marshals within the county, to arrest, with or without process, any person whom they may know, or have good reason to believe, to be violating any such police regulations, and to seize all game, fish, and appliances found in the possession of such persons in violation of police regulations, and shall forthwith convey the person from whose custody the game, fish, and appliances shall have been taken before the proper justice of the peace, mayor, or police jus to be dealt with according to the rules and regulations prescribed by the board for such offense. Licensee must exhibit license; Arrest: [Sbc.] 2329. It shall be unlawful for any non-resident to hunt within the state unless he has in his possession, ready to exhibit to the game warden or any officer or person, upon request, a License issued t<> him by the sheriff of the county in which he may be hunting, such license to be issued to non-residents of the state upon payment of a fee of ten dollar- to the county and ten dollars to the state. Every non-resident found hunting without laid License shall be arrested on sight by any game warden or ofiicer of the law, and 104 GAME COMMISSIONS AND WARDENS. shall be liable to a fine of not less than twenty-five d< rtlars nor more than fifty dollars, or be imprisoned in the county jail not exceeding thirty days. Forest and game protective fund: [Sec] 2330. All fees and fines collected under the provisions of this chapter, except as herein provided, shall go to a fund kept by the county treasurer in each county and called the " forest and game protect- ive fund," the same to be used by the board of supervisors in paying the warden and bis deputies for services. Warden; Appointment; Powers: [Sec] 2331. The board of supervisors of each county may, on the recommendation of ten or more reputable citizens of said county, appoint a game warden, who shall hold office four years, and who shall have power to appoint deputies for each supervisor's district, who shall hold office for two years. The duties of said game warden and assistants being to diligently seek and report all persons violating this chapter, and they shall have the right to arrest any person or persons found violating any of the provisions of this chapter, and upon the proper warrant issued therefor to search any building not the private residence of any per- son, car, vessel, vehicle, or package wherein he or they may believe any of the game named in this chapter may be kept or stored contrary to the provisions of this chapter. The warden or his deputies so appointed shall have the right to confiscate all game which he or they may find in the possession of any person or persons in violation of this chapter, irrespective of the time or place such game may have been killed or caught, and such person or persons shall have no redress at law for such seizure of property, unlawfully had in possession. Informers: [Sec] 2333. Any person or persons reporting to the game warden, or other officers authorized under the laws of the state to institute the prosecution against any person or persons, or corporation, for violation of the provisions of this chapter, shall receive for such report fifty per cent of the fine levied and collected from such person or persons, or corporation. Removal of warden: [Sec] 2335. This chapter in no way affects the power of boards of supervisors in granting further protection to game; and the board of super- visors shall, upon sufficient evidence, remove the game warden or his deputies for non-performance of duty and appoint others in their stead. MISSOURI. Laws of 1907, p. — . Prima facie evidence: Sec 12. * * * It is further declared unlawful to make use of any artificial light in hunting or killing deer; and the wearing or hav- ing such light on the head shall be prima facie evidence of the violation of this section. * * * State game warden: Sec 18a. There is hereby created the office of state game and fish warden. The state game and fish warden shall be appointed by the gov- ernor, by and with the advice and consent of the senate. He shall hold his office for a term of two years. The state game and fish warden shall receive a salary of $2,000.00 per year, and traveling expenses not to exceed 82,000.00 per year, which salary shall be paid him quarterly, and which expenses shall be paid him on accounts approved by the governor. It shall be the duty of the state game and fish warden to supervise the enforcement of the law under the provisions of this act, and espe- cially with reference to the large cities. He shall have equal authority with the county game and fish wardens to institute prosecutions for violations of the law, and shall direct prosecutions by county game and fish wardens when circumstances justify it. County game warden: Sec 19. The sheriff of each county, and the city of St. Louis, shall be ex-officio game and fish warden of his respective county, and the city of St. Louis, and all deputy sheriffs, constables and justices of the peace shall be ex-officio deputy game and fish wardens for their respective counties, and the city of MI880UR1 MONTANA. 1 '•'•'• :ii-; and for the enforcement and execution of the game and fish law they ■hall be allowed Buch fees and coats as are allowed In other criminal prosecutions, Duti.-s; Powera: 8 20. It Bhall be the duty ol the game and fish warden of Bach county, and thecitj >uis, to enforce all laws non enacted and arhich may he hereafter enacted for the protection, preservation and propagation of game animals, birds and fish of this state, and to prosecute or cause to be prosecuted all is who violate such laws. Said game and fish wardens shall make complaint and cause proceedings to be commenced against any person for the violation of such and shall not be liable for nor obliged t«» furnish security for coats, but in all iitions under this act wherein the defendant is acquitted the coats Bhall be taxed as in other criminal prosecutions. Disposition of license fees: Sec. 23. * * * Such clerks and license coll shall retain, out of the moneys received for each license [hunting] issued, the sum of thirty cents, which shall cover all costs of license under this act, and shall pay the balance to the county or city treasurer on the first day of each month, and report the same to the county court or city collector, who shall place all moneys collected under thi< act. and n«>i otherwise provided for, to the credit of the county road fund, or the citv street or road fund. Production of license: Sec. 25. It is hereby declared to be the duty of, every per- son holding a hunter's license in this State to present the same for inspection by the county game and fish warden, or any of his deputies. Any person refusing to pre- sent the same, when a proper demand is made therefor, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a line of oot less than $10.00 nor more thai. | Trespass; Disposition of fine: Sac. -7. It shall be unlawful for any person to hunt with pin or dog on the enclosed or cultivated land of another at any time, without the consent <.f the owner or person in actual control of such land a- _ or tenant, and any person violating the provisions of this section shall he lined not an ten dollars nor more than twenty-five dollars, one-half of the amount to •_'.» to the owner of said land, or his a<_ r cnt or tenant furnishing the proof of such violation of this ait. Disposition of confiscated game: Sec. 35. * * * Any game or fish so shipped [from county], or attempted to he shipped, in violatian of this act. shall Ik- confiscated hy the game warden and delivered to some charitable institution, and any violation of this act not otherwise provided for shall constitute a misdemeanor and he punishable hy a fine of not less than $10 nor more than $100. Appropriation: Sex . 38a. There i- hereby appropriated out of the state treasury, chargeable to the state game protection fund, the sum of $8,000.00 for the payment of the salary and expenses for the next period of two years of the Btate game and fish warden. MONTANA. Laws of 1901, p. 130. Game warden; Term: Sec. 2. That the governor shall immediately after the passage of this act and every four years thereafter, appoint a state game and fish warden:" he shall hold his office for a period of four years, or until removal [removed] ■6 hereinafter provided: R luired to give a $3,000 bond]. Duties: Powers: Sec. 4. The duties of said State game and fish warden shall be to examine into and inquire about any violation of the game and fish laws of this state, "In 1907 the state game warden was also made state tire warden and ex officio member of the board of fish commissioners hut without additional compensation. 4358— No. 28—07 14 196 GAME COMMISSIONS AND WARDENS, and to institute prosecutions for any violation of the law and he is vested throughout the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of the state. He shall have general super- vision over all deputy game and fish wardens and all special deputy game and fish wardens hereinafter provided for; and he is hereby authorized to appoint such deputies. Compensation: Sec. 6. [As replaced by Sec. 1, Chap. 139, Laws 1907.] The compensation of the State Game an 1 Fish Warden shall hereafter be at the rate of twenty-four hundred ($2400.00) dollars per annum, payable in monthly instalments at the end of each month. He shall be paid for all actual and necessary expenses attached to his office, but such expenses shall not exceed two thousand ($2,000. ) dollars per annum. Deputies' duties: Sec. 7. That each of such deputies appointed as aforesaid shall perfi >rm the following duties; to examine into and inquire about any violation of the game and fish laws of this state and to institute prosecutions for any violations of said law, and make report at the end of each month to the state game and fish war- den of all arrests and prosecutions made by said deputy, and furnish such other information which he may have that will tend to promote the enforcement of the game and fish laws; and he is vested throughout the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of this state. Special deputies: Sec. 8. Each state game and fish warden, immediately after his appointment, and every four years thereafter, is hereby authorized and empow- ered to appoint not less than five (5) nor more than eight « (8) special deputy game and fish wardens, as the needs of the state may require. Their term of office shall be for a period of four years but any of said special deputy game and fish wardens so appointed by said state game and fish warden, may at any time be removed at the will of said state game and fish warden. Bond: Sec 10. [Special deputy wardens must give bond of $1000.00) Special deputies' duties: Sec 11. The duties of said special deputy game and fish wardens shall be to inquire about any violations of the game and fish laws of the State of Montana and to institute prosecutions for any violation of said law, and report in detail to said state game and fish warden at the end of each month,* 7 where the) were each day of said month and the inquiries and efforts by them made to enforce the game and fish laws; and each is vested throughout the state with all the powers of a sheriff in making arrests and in the prosecution of all offenses against the game and fish laws of said state. Special deputies; Compensation: Sec 12 [As replaced by sec. 2, chap. 139, Laws 1907]. The compensatian of all special deputy game and fish wardens shall here- after be at the rate of fifteen hundred (81500.00) dollars per annum, payable in monthly installments at the end of each month. Each special deputy game and fish warden shall be allowed three hundred (S300.00) dollars per annum, or as much thereof as may be necessary for his actual and necessary traveling expenses in his own district, when actually engaged in discharging the duties of his office, to be paid out of the game and fish fund upon vouchers duly audited by the State Board of Examiners. Districts: Sec 13. The state game and fish warden may divide the State from time to time into such fish districts, as to him may seem best and designate a special deputy game and fish warden to take charge of said district and to perform the duties of special deputy game and fish warden therein. The state game and fish warden may however when he deems it necessary for the better enforcement of the game «See Laws of 1907, chap. 142, authorizing State warden to appoint four additional special deputies, and requiring such deputies to make a weekly report to the State warden. MONT AN Am, 1 '.'7 and fish laws, send anj of said special deputies from the district i to them • ..iiii services In another pari of the state, and when such special deput) game and fish warden Is so senl from his district to perform duties in an} other pari of the -tarn he »hall receive pa) for actual and necessary expenses Incurred by him while traveling outride of his district in performance of duty under the direction oi state game and fish \\ arden. Fund: S» 14 \- amended bj Laws of 1903, chap. 88.] There Is hei I a i'u n« 1 t<> he known as tin- 'Fish and Game' Fund; and all fines and licenses and other moneys collected under any of the provisions of the Game and Fish laws shall be paid to the State Treasurer and by him placed in tin- Fish and < tame Fund. Proceedings; Search; Seizure; Sale of seized game; Nonliability. Sbc. 16. The state game and fish warden, the deputy game and fish wardens, and the Bpecial deputy game and fish wardens may make complaint and cause proceedings to be commenced against any person for violation of any of the laws for the protection of game or fish and in such case he shall not be obliged to furnish security for Any of -aid wardens shall have power to search any person and examine any boat conveyance, vehicle, fish box, fish basket, game bag or game coat, or any other recep- tacle for game or tish when he has good reasons to believe that he will thereby Becure evidence of the violation of the law. Any of said wardens shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed at any time, in a manner and for a purpose or had in p sion or under control or had been shipped contrary to any laws of the state, and such seizure may be made without a warrant. Any court having jurisdiction of the offense upon receiving proof of probable cause for believing in the concealment of any bird. animal or fish caught, taken, or killed, had in possession, under control, or shipped Contrary to any of the laws of this state shall issue a search warrant and cause a search to 1.,- made in any place, and to that end may cause any building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, basket. <»r package to be broken open and the contents thereof examined by the game and fish warden, or any deputy game and tish warden, or any special deputy game and fish warden, or any sheriff, deputy Bheriff or constable. All birds, animals or fish seized by any officer, a- herein provided Bhall be sold by said officer at a time and in a manner BO a- to receive the highest price therefor, and shall issue a certificate to the party purchasing ime certifying that the same was Legally obtained and possessed, and any one BO acquiring the same within this state Bhall have the right to deal therewith the same a- if it had been killed and was possessed in accordance with the laws of this anything herein to the contrary notwithstanding and shall pay the money to the court before whom the person having the same in possession at the time of such seizure shall be prosecuted, and if the person from whom said birds, animals and tish taken, i- found guilty before said court of any violation of the tish and game law- of this state, said money shall be paid to the State Treasurer, and by him deposited into the tish and game fund, but should it be found that the party from Whom the same was taken is not guilty of any violation of the game and tish laws of this state, said money shall be paid to the party from whom said birds, animals or fish were taken. No officer shall be liable for any damages on account of any search, examination, seizure or sale as herein provided for. Accounts: Sec. 17. No warrant shall be issued for the amount to be paid to the State Game and Fish Warden, or any of the special deputy game ami tish wardens appointed by him, by the Auditor of the state, until itemized accounts, properly verified, shall be presented by the person to whom the warrant i- t<» be issued or until the same is certified to as correct by the Governor of the state. Upon the presentation of said accounts, duly verified and certified, as above, the State Auditor shall draw a warrant on the fish and game fund on the State Treasurer, in favor of 198 GAME COMMISSIONS AND WARDENS. the party or parties entitled thereto, tor the amount so certified, and the same shall be paid out of said fund. Report: Sec. I s . The State Game and Fish "Warden shall make a semi-annual report to the Governor of all prosecutions instituted by himself and the different deputies during the six months prior to said report, ami shall state in said report any and all information he may have obtained in regard to the condition of game and fish in the State of Montana, together with any information that may aid in pro- tecting the fish and game of said state in the future. Disposition of license fees: Sec 24. All money received by the State (iaine and Fish Warden for the foregoing licenses [nonresident] shall be paid by him to the State Treasurer and by him placed to the credit of the Fish and Game Fund. Laws of 1897, p. 249. Prima facie evidence: Sec. 16. The possession of the dead bodies or any part thereof, of any of the birds or animals mentioned in this Act shall be prima facie evidence that such person or persons is or are guilty of killing the same. Grand jury; Jurisdiction; Indians; Peace officers: Sec 20. It shall be the duty of all grand juries to investigate all infractions of any of the provisions of this Act, except such cases and violations as have been tried by a court of competent jurisdiction, and upon due proof of violation of any of the said provisions, they shall proceed to indict such party or parties according to law, and it is hereby made the duty of the Judge of the District Court to call the attention of the Grand Jury to the provisions of this Act. The District Court shall have concurrent jurisdiction with the justices of the peace of all offenses committed under the provisions of this Act. And it is further provided that in construing this Act, the provisions and penalties hereinbefore made and prescribed shall be deemed and held to include all Indians and half breed Indians when outside the Indian Reservation. It is further provided and declared to be the duty of any sheriff, or peace officer of any county of this State, and the county attorneys of the respective counties when it shall come to their knowledge, or they shall have reason to believe that any person has violated any of the Sections of this Act, to commence criminal proceedings against them either in the Justice or District Court, as in their judgment shall be proper, and any failure on the part of any county attorney, sheriff or other peace officer, or game warden, who has knowledge of the violation of any of the provisions of this Act to commence such proceedings, shall be deemed a misdemeanor, and he shall be punished by a fine of not to exceed Five Hundred Dollars or by imprisonment in the county jail for not less than six months, or both such fine and imprisonment in the discretion of the court and shall forfeit his office. Extradition: Sec 23. Whenever it shall appear under any prosecution under any Section of this Act making it a felony for the violation thereof that the crime was committed, or that the game was killed or the fish caught in violation of law in any State other than Montana it shall be the duty of the magistrate or the court before whom the trial was had to hold said defendant for at least ten days, and for further time as may be necessary to allow the authorities of said State wherein the law has been violated to take the necessary steps to secure the arrest and extradition of the accused, if they so desire; and on the holding of the accused under the pro- visions of this Section, it shall be the duty of the county attorney, or attorney prose- cuting to immediately notify the proper officers of this State and county in which it appears the law has been violated, of all the facts and circumstances connected with said proceeding. Laws of 1903, chap. XI, p. 11. Contraband game: Sec 9. * * * All game shipped or had in possession in violation of any of the provisions of this Act may be seized, confiscated, and disposed of, as provided by law. M"\ ! \ N \. L99 Gun; 10. * Ever) person acting as a guide in this State nhal U» < nun- and Fish Warden, and shall file with the 81 Warden his oath of office as such Deput) Game Warden, butshall receive n m- pensation from the State in an) \\a\ forsucl other than the considei above mentioned. B iponsibility; Sb 11. Any person acting as a guide for an) person or party shall be equally responsible with such person or party, for any violation of tin- law, any Buch guide u h« » shall willfullj fail or refuse to report an) violation of the law, by the said person or party employing him, -hall be liable to the penalties aa here- inafter provided for. Definition of guide: Sbc. 12. Any person who Bhall, for pay, aid or assist any i or party, in locating, pursuing, hunting or killing any of the game birds <>r animals mentioned in this Act shall be deemed a guide within the meaning of this >n. Report by guide: Bbc, 13, Whenever a guide is employed by any person or part) . such guide shall at the expiration of the period of the time for \\ trich he was employed, make a written statement t«> the State Game and Fish Warden, stating the number of days he was employed, the number of persons guided, their names, residences, and the number of each kind of game killed, and if non-residents, the number of their license. Laws of 1903, S. B. 90, p. 158. Indians: S» . I. Any Indian who while off of, or away from, any Indian reserva- tion, carries or bears, or causes to be carried or borne by any member of any party with which he may travel or stop, any pistol, revolver, rifle or other tire arm, or any ammunition for any fire arm. shall be guilty of a misdemeanor; and such arms shall be seized, confiscated and sold by the officers making the arrest and the pro- of such sale shall be disposed of as follows: When seized and sold by an officer of the Stork Association the proceeds shall be sent to the state treasurer and by him placed to the credit of the stock inspector and detective fund; when seized and Bold by a game warden, the proceeds shall be placed to the credit of the tish and game fund; and when seized and sold by any other peace officer, the proceeds Bhall be turned over to the county treasurer and placed to the credit of the general fund in which county the arrest was made. Laws of 1905, chap. 52, p. 112. Civil action: Sbc. 10. Ajl fines, bonds and penalties mentioned in any section of this act [protecting moose, bison, caribou, antelope and heaver at all times: fixings close season on other game; limiting bag, etc.] may be collected by a civil action in the name of the state of Montana in any con it of competent jurisdiction upon proper complaint being filed, and the amount of all fines and bonds collected under the pro- vision- of this act shall be paid to the state treasurer and by him place* 1 to the credit of the tish and game fund. All such fines, bonds and costs shall be collected without stay of execution, and the defendant, or defendants, may by order of the court he Confined in the county jail of the county until such fine and costs arc paid. Approved Mar. I, 1905. Laws of 1905, chap. 57, p. 123. Prima facie evidence: Sbc. 3. * * * The possession of a gun or rod in the fields, or in the forests, or on or about the waters of this state by any non-resident of this .state, without first securing the license required by this act, shall he prima 200 GAME COMMISSIONS AND WARDENS. facie evidence of the violation of its provisions, and any game warden or peace officer has the right to arrest any such party or parties without a warrant. Disposition of license fees: Sec. 5. [Requires justices of the peace to remit on the last day of each month to the state treasurer funds collected from residents for licenses and at same time to notify the state game warden of the amount so remitted.] Identification of license: Sec 8. * * If any game warden or other peace officer has reason to believe that a license is in the hands of a person other than the lawful licensee, such officer may require such party having the license to identify himself, and any such person refusing on such demand to identify himself, shall be guilty of a misdemeanor * * * Moneys collected by deputies: Sec 9. * * * All moneys collected by deputy game wardens shall be sent to the state game and fish warden and receipted for by him and he shall turn the same over to the state treasurer with other moneys collected by him as prescribed by law. Export permits: Sec 10. [State game warden required to collect fee of fifty cents for issue of export permits.] All money so received shall be turned over by him to the state treasurer at the time and in the manner prescribed by law and the state treasurer shall place such money to the credit of the fish and game fund. Office clerk: Sec 11. [As amended by sec. 3, chap. 139, Laws 1907.] The state game and fish warden shall have the right to employ an office clerk at a salary of twelve hundred (81200.00) dollars per year, and said clerk shall be paid monthly by warrant drawn on the fish and game fund by the state auditor in. the same manner as for the salary of deputy game and fish wardens. Packers to be guides: Sec 12. Any person who shall engage in the business of packing for hunting parties, as the term is commonly understood, or who shall for pay, accompany such party as guide, packer or cook, shall be considered a guide and shall come within the requirements provided for in Sections 10, 11, 13 and 14 of Senate Bill No. 30, approved February 21st, 1903; provided, however, it shall be necessary only for one of the persons above named, with each and every hunting party, to have fulfilled the requirements of this section. Disposition of fish and game fund: Sec 13. The state treasurer is hereby directed to keep all moneys now in the fish and game fund and all moneys placed hereafter in such fund for the payment only of the salaries and other expenses incurred by the game and fish warden's department. Laws of 1907, chap. 142, p. 366. Reports of special deputies: Sec V. All Special Deputy State Game and Fish Wardens shall make out each day a report of all matters attended to and business transacted on said day and at the end of each week shall forward such report to the State Game and Fish Warden. Additional special deputies: Sec IX. The State Game and Fish Warden is hereby authorized and empowered to create four additional game and fish districts and to appoint and employ four additional Special Deputy Game and Fish Wardens whose duties and compensation shall be the same as is already provided for in House Bill No. 147, Session Laws 1901; such appointments may be made by the State Game and Fish Warden at any time as in his judgment the needs of the State may require. Duties: Sec. X. Xo Special Deputy State Game and Fish Warden while holding such appointment or serving in such capacity shall engage actively in any other business, trade or profession, or perform any other duties other than those required for the proper fulfillment of his office. NEBRASKA* 201 NEBRASKA. Laws of 1901. chap. 86, p. :*G4. A 1 : I I. 1 I I . Game commission; Duties: S»c, I. There i- hereby created a game and fish commisfion for the State of Nebraska, which shall have the general charge ol the following named public matters, vis: 1. The protection, propagation and breeding of rach fish and game, song, insectiv- orous and other birds as may be deemed valuable t<> the people of the State. 2, The collection and distribution of Bucb Btatistics and information as may be deemed useful respecting the protection and propagation of ash and game, song, insectivorous and other birds, and to take charge and preserve all books, records and documents pertaining to tin- subject which may come into the possession ol commission, «>r under it.- control. Fish.] -}. The enforcement of all laws of the State for the protection, preservation and propagation of fish and game, song, insectivorous and other useful birds. Commissioner; Deputies; Compensation: Sec. 2. [As amended by Law- of 1905, chap. 74. J The affairs of said commission shall be conducted by a game and fish commissioner and such subordinates as are provided for in this act The Governor is hereby made the game and fish commissioner, and be is. required within thirty days from the approval of this act, and every two years t hereafter, to appoint two deputy game and fish commissioners, who Bhall hold office for a terra of two 3 ears, or until their successors shall have qualified, and who may be removed by the Governor at any time for cause. One of said deputies shall be designated as the chief deputy, who shall reside in the City of Lincoln, and who shall, under the direction of the commissioner, devote his entire time to the affairs of this office. One of Baid deputies shall he skilled in the science of tish culture and shall under the direction of the commissioners have the control and management of all fish hatcheries of the State and the distribution of fish spawn and fry in the water.- of the State. Said deputies shall receive compensation as follow-: The chief deputy shall receive a Balary of one thousand and five hundred I dollars per annum, payable quarterly, and the other deputy in charge of state fish hatcheries shall receive a salary of one thousand two hundred ($1,200) dollars per annum, payable quarterly, also their actual traveling and subsistence expena - exceeding $500 per year, when absent from their respective homes in the discharge of their official duties. Said commissioner shall also within thirty days from the approval of this act appoint, and may remove at his pleasure, three deputies who shall receive seventy-five ($75.00) dollars per month, payable monthly, for such time only as they shall be actually employed in the discharge of their official duties under the direction of the commissioner. They shall also receive their actual traveling and subsisting expenses not exceeding three hundred ($300.00) dollars per year, while absent from their respective home.- in the discharge of their official duties. The commissioner may also at his pleasure in writing appoint for special purposes, deputies who shall serve for such special purposes without compensation such pur- - being stated in the written appointment, and who shall have for such purpose the same powers as the deputies hereinbefore mentioned. Office; Secretary; Compensation: 8bc. 3. The commission Bhall be provided at the State Capitol with suitable furniture, stationery ami other facilities for the transaction of its business. And the commissioner may appoint and remove at his pleasure, a secretary at a Balary not exceeding seventy-live ($75) per month, payable monthly. Provided the commissioner may in his discretion require the chief deputy to act as secretary of said commission, in which case said deputy shall receive three " Laws of L907 not received. 202 GAME COMMISSIONS AND WARDENS. hundred (8300) dollars, per annum, for such service, in addition to the salary herein provided. Powers: Sec. 4. Said commissioner and his deputies are hereby made officers of the State with all of the powers of sheriffs and constables, while acting within the line of their official duties, with authority to make arrests and to serve all writs and processes, civil and criminal, in the enforcement of this act, and to charge therefor and collect the fees allowed by law for like services by sheriffs and constables. Arrest; Seizure; Search: Sec. 5. The commissioner and deputy commissioner, and every sheriff and constable, in his respective county, is authorized and required to enforce this act and seize any fish or game, song, insectivorous, or other birds taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and with or without a warrant, to open, enter and examine all camps, wagons, cars, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, and packages where he has reason to believe any fish or game, song, insectivorous or other birds taken or held in violation of this act, is to be found, and to seize the same; provided that a dwelling house actually occupied can be entered for examina- tion only in pursuance of a warrant. Conveyance : Sec. 6. Where fish or game, song, insectivorous or other birds is [are] seized under this act, the officer making such seizure shall have authority, upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the fish or game, song, insectivorous or other birds seized to a convenient railroad sta- tion or place of safe keeping for sale, and also for conveying any person arrested for the unlawful possession of such fish or game, song, insectivorous or other birds to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or to any railroad car. Civil action: Sec 8. The commissioner may, if he so elect, bring and maintain a civil action in the name of the State for the possession of any fish or game, song, insectivorous or other birds, taken, killed or held in violation of this act, or for the value thereof, against any person in possession or exercising control over the same, and if required by the commissioner a writ of replevin shall issue therein without bond. No previous demand for possession shall be necessary. Neither the pendency of such action nor of a criminal prosecution for the same taking, killing or possession, shall be a bar to the other, nor shall anything in this section affect the right of seizure under the other provisions of this act. Separate offense: Sec 11. * * * a violation as to each individual animal or bird or part thereof shall be a separate offense, and two or more offenses may be charged in the same complaint, information or indictment, and proof as to a part of an ani- mal shall be sufficient to sustain a charge as to the whole of it; and violations as to any number of animals or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal. Prima facie evidence; Production of license, etc.: Sec 12. The possession at any time of fish or game, song, insectivorous or other birds unaccompanied by a proper and valid license, certificate, permit or invoice, as herein provided, shall be prima facie evidence that such fish or game,, song, insectivorous or other bird was unlawfully taken and is unlawfully held in possession and it shall be the duty of every person having the possession or control of fish or game, song, insectivorous or other birds to produce the proper license, certificate, permit or invoice, when one is required by this act, on demand of any officer, and to permit the same to be inspected and copied by him. NEBRASKA. 208 Corporation: B» 11 In case of a violation of this act 1 the war- rant of arrest may be served on the president, secretary "i ke, >. [Penalty for illegal transportation of game to he recovered in a civil action brought in the name of the state fish and game commissioner or one <>f his deputies, and possession of game in close season for shipment or transit is prima facie evidence of violation of law.] Disposition of confiscated game: Sec. 17. * Provided that game and fish confiscated under the provisions of this act shall he delivered to one or more of the puhlic institutions for the care of the unfortunate or other charitable institutions. * * * Prima facie evidence: Sec. IS. The naming of game or fish upon any such menu as fo.nl for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe or boarding house. * * * A.RTICLE III. Illegal appliances; Nuisances: Sec. 1. Every net, seine, trap, explosive, poison- ous orstupefying substance or device used or intended for use in taking or killing game or fish in violation of this act, is hereby declared to be a public nuisance and may he abated and summarily destroyed by any person, and it shall he the duty of every such officer authorized to enforce this act to seize and summarily destroy the same, and no prosecution or suit shall be maintained for such destruction; provided, that nothing in this division shall he construed as affecting the right of the commis- sioner to use such means as may he proper for the promotion of game and fish propagation and culture. * * * 204 GAME COMMISSIONS AND WARDENS. Article IV. Disposition of fines; Informers: Sec. 5. * * * All fines recovered under any of the provisions of this act shall, when collected, be paid into the treasury of the county for the use of the school fund, and the corporate authorities of any county, city or village, within whose territiorial jurisdiction such fine was recovered, when such lines are collected, shall pay to the complaining witness in such prosecution, out of the general fund of such county receiving such fine, an amount equal to one-half of the fine actually collected, upon the proper application of the party entitled to the same, in the manner usual for the presentation of claims against counties. Disposition of license fees: Sec. 7. All monies derived from licenses and per- mits issued pursuant to this act shall by the state treasurer be paid over for the use of the school fund of the state. Prosecutions; County attorneys; Peace officers: Sec. 9 Prosecutions may be brought by any person or persons in the name of the State of Nebraska, against any party or parties violating any of the provisions of this act, before any Justice of the Peace or County Judge of the County in which said violation is charged to have taken place, or before any Court of competent jurisdiction; and it is made the duty of all County Attorneys of this State to see that the provisions of this act are enforced in their respective counties, and they shall prosecute all offenders on receiving infor- mation of the violation of any of the provisions of this. act; and it is made the duty of all sheriffs, deputy sheriffs, constables and police officers, to inform against and prosecute each and every party or parties, person or persons, whom there is reason- able or probable cause to believe are guilty of violating any of the provisions of this act, Any county attorney, sheriff, deputy sheriff, constable or police officer who shall fail, neglect or refuse to discharge the said duties hereby imposed on such officers, respectively, shall be deemed guilty of a misdemeanor, and on conviction be fined not less than twenty-five dollars nor more than one hundred dollars, for each offense. Approved March 23, 1901. NEVADA." Laws of 1901, Chap. XL VIII, p. 57. Game warden; Bond: Sec. 1. It is- hereby made the duty of the several Boards of County Commisssoners in this State, at their first regular meeting in April, nine- teen hundred and one, and annually thereafter, upon the petition of twenty or more resident taxpayers, to appoint a Fish and Game Warden for their respective coun- ties, who shall reside in the county for which he is appointed. Each Warden so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the State of Nevada for the use of the respective counties thereof, with two or more sureties, to be approved by the Board of County Commis- sioners conditionally [conditioned] for the faithful performance of his duties, and in such sum as the County Commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this Act. Duties; Powers; Responsibility: Sec. 2. Said Warden is hereby empowered [and it shall be his duty] to enforce the State laws and all county and municipal ordinances relative to the protection of fish and game; and he shall be vested with the power to make arrests for the violation of such laws and ordinances in any county in this State; to appoint a deputy or deputies who shall have power to trans- act all official business appertaining to said officer, to the same extent as their prin- cipal; provided, that said Warden shall be responsible for the compensation of such deputy or deputies, and shall be responsible on his official bond for all malfeasance « Laws of 1907 not received. \ I \ \i»\ n I u SAMF8HIRE. 205 <«r nonfeasance of the wiim'. HoihIh for the faithful performance ol the duties of hii official deputi or deputies may be required of Baid depot} or deputit principal. Reports; Removal: B I Pish and Game Warden shall report quarterly lo the Board of Count} Commissioners of his county, giving a detailed statement of all arrests made, convictions secured, ones collected, and generally in regard t-> the management of Ins office. Snch officers maj be removed by tin- Board of County Commissioners for intemperance, neglect of duty or other f this state and paid <»ut of the < Seneral Funds of their respective counties; provided, that the salary of such Fish and Game -Wardens shall not • 10 per month. approved March 12, 1901. NEW HAMPSHIRE. Acts of 1901, chap. 79, p. 567. Fish and game commissioners: Sec. 1. The governor, with the advice of the council, shall appoint a board of fish and game commissioners not exceeding three in number, who shall bold office for five year-: unless sooner removed. The board as now constituted is continued. Restocking-: Sbc. 2. The commissioners shall enforce the fish and game laws, shall take the necessary measures for restocking or introducing any desirable fish into the waters of this state, and they may cooperate with the commissioners of other states, having joint interests with this state, for that purpose. Special detectives: Sec. 8. The fish and game commissioners may. whenever ■key deem it necessary, and shall, upon the request of three reputable citizens, appoint <>ne or more persons to act a< special detectives in cases of prosecution relating to fish and game. The compensation of such detectives shall he fixed by said commissioners and paid from the fish and game detective fund. Confiscation: Sbc. 9. All fish and game found in the possession of any person or persons who ha\ e illegally taken the same shall be confiscated by the fish and game hetnmissioners and sold by them, or under their direction, to the best advai and the proceeds of such sale added to the fish and game detective fund in the state try. Reports; Publishing laws: Sec. 10. [As amended by Laws of L903, chap. 77.] The fish and game commissioners shall file with the secretary of state, on or before the first day of December, in each alternate year, a report to the governor and council of all their doings, together with a statement of all their expenses. They shall compile and issue at the close of each session of the Legislatures pamphlet edition of the fish and game laws, with the session amendments, suitably indexed, said edition not to exceed ten thousand copies, and a synopsis of snch laws printed on cloth not to exceed one thousand copies. Compensation: Sec. 11. [As amended by Laws of L 903, Chap. 11.] Said commis- sioners shall be paid their traveling and other expenses necessarily connected with the discharge of their duties, and the chairman of the hoard shall receive as com- pensation for his Bervices the sum of one thousand dollars per annum, and the two remaining members the sum of eight hundred dollars each per annum. Fund: Sec. 12. All fines and forfeitures accruing from prosecutions for violation of the fish and game laws shall be paid into the state treasury and placed to the credit of the fish and game commissioners, and he known as the fish and game detec- 206 GAME COMMISSIONS AND WARDENS. tive fund, and may be drawn and used by said commissioners from time to time as to them may seem accessary, with the approval of the governor and council. Powers: Sbc. 13. The fish and game commissioners, their deputies and detectives, in the performance of their duties shall have the powers of constables, and shall also have authority to arrest, on view, within the limits of the state, any person violating any of the fish and game laws. Prima facie evidence: Sec. 30. If any person shall at any time have in his pos- sesion the carcasses or hides of any moose, caribou, elk. or fawn, or the parts thereof, or the carcasses or hides or parts thereof of more than two deer, in the open season on deer, or the carcasses or hides or parts thereof of any deer when it is unlawful to take or kill deer, or the carcasses or hides or parts thereof of any other animal mentioned in this act when it is unlawful to take or kill such animal, it shall be prima facie evidence that such person has hunted and killed the same contrary to law. Special regulations: Sec. 33. [Fish and game commissioners shall prescribe rules and regulations for transporting out of the state game animals legally killed on the Blue Mountain Forest Preserve.] Approved March 20, 1901. Laws of 1905, chap. 38, p. 428. An act to require non-residents to procure a license to hunt. Production of license: Sec. 4. No license shall be valid unless the signature of the person to whom it is issued is written thereon, and every such person shall at all times when hunting carry his license on his person, and shall at all reasonable times and as often as requested produce and show such license to any person requesting him so to do. and if he fails or refuses to do so he shall forfeit such license and be deemed to be hunting in violation of the provisions of this act. Arrest of licensee: Sec 9. The fish and game commissioners and the detect- ives in their employ shall have the right, after demand and refusal or failure to exhibit such license, to arrest without warrant any non-resident person or persons found hunting, pursuing or killing any wild animal, wild fowl or bird, and for the purpose of this arrest any person who shall refuse to state his name and place of re-idence on demand of such officer shall be deemed a non-resident. Disposition of license fees: Sec 10. The fee for the license provided for in the preceding sections of this act shall be ten dollars, the money received by the com- missioners for the issuance thereof shall be turned over to the state treasurer, who shall credit the same to the detective fund, so called, to be expended as otherwise provided for by law and under the same supervision as any other moneys belonging to the said fund. Approved March 1, 1905. Laws of 1905, chap. 98, p. 515. An act to prohibit the use of swivel and punt guns. Confiscation of big- guns: Sec 1. If any person shall, at any time, within this state, hunt, pursue, shoot at, or kill any game bird, as denned by section 34 of chap- ter 79 of the Laws of 1901, with any punt-gun, swivel-gun, or other gun not fired from the shoulder, or of larger bore than ten-gauge, he shall be fined not more than ten dollars for each offense and shall forfeit all guns and implements with which the offense was committed. And all guns and implements so used shall be seized by any detective, constable or police officer and shall be destroyed by the person seizing them. Approved March 10, 1905. NEW JERSEY. _' I • NEW JERS1Y Arts of 1895, Chap. CCXXIV. p. 440. Gen. Stats., vol. 9, p. 1 I b and game commiai 3ic. I. Thai the present commissioners "i fisheries oi this state and their successors shall hereafter be known and M "The board of fish and game commissioners", and that after the expiration of the terms of the respective members ol the pi ard, said board shall be appointed by the governor of this state with the advice and consent of the senate, and shall be constituted of four competent persons, who shall hold office for five 3, and until their successors are duly appointed and qualified; vacancies occur- ring by death, resignation or otherwise shall be filled in the same manner and for the un s term of the eommissioner whose office shall become vacant; provided, that no appointment shall be made by reason of which more than two of th< commissioners shall be of the Bame political part) . Duties; Powers; Reports: - That the duties of the said board shall be the protection and propagation of lish, birds and game animals and enforcement of the law relating thereto, * * * . and [said board] shall have power, on view or information, to enforce the laws for tin- protection and propagation of fish, birds and game animal- within t hi- state, by arrest and pros* -en t ion of the offender or offenders, without warrant or complaint, and shall makes lull report to the legislature annu- ally, at the meeting thereof, for the year ending on the thirtieth day of November preceding, of all their official operations, with such suggestions and recommendations a> they shall ject to summary removal by the said board without notice; the said board .-hall from time to time designate one of said warden- as the fish and game protector. who shall hold such office during the pleasure of the said board and who shall, under the supervision of this board, have the direction, supervision and control of the other tish and game wardens; the fish and game protector shall give a bond to the said hoard with sureties in the penal sum of one thousand dollars, and each of said warden- shall give to said board a bond with sureties, in the penal Bum of five hundred dollars, conditioned for the faithful discharge i >f his duties, such bond to be approved by the commissioners, and upon default an action thereon shall be brought in the name of the state; the compensation of the li-h and name protector shall he one hundred Hollars per month, payable monthly, and he shall be allowed tor the expense- in the performance of his duties the sum of three hundred dollars per annum: the compen- sation of the said wardens shall be at the rate of fifty dollars per month each, pay- able monthly, and an allowance to each for expenses not exceeding two hundred dollars per annum: the payment of traveling and incidental expenses of said lish and game wardens shall hi- made upon the statement of said lish and game protector, duly sworn to by him, that the charges for which payment is asked have been incurred in the discharge of official duties, and that the bill is true and correct: Buch bill so certified to by the said lish and name protector shall be approved of by the said hoard before payment. Duties; Powers; Reports: Sac. 4. That the fish and game wardens shall enforce all the laws of the state for the protection of fish, birds and game animals, and shall have full power to execute all processes issued for the violation of such laws and to serve subpoenas issued for the examination, investigation or trial of all offences against said laws; each fish and name warden shall keep a daily record of his official a See Act of 1896, sec. 1. 208 GAME COMMISSIONS AND WARDENS. acts, and shall at the close of each month make a summary of such record with such statements in detail as shall be necessary for the information of the said board, an< report the same to the said board; the fish and game protector shall report to th< said- board any negligence or dereliction of duty or incompetency on the part of any of the said wardens, with the facts relating thereto, and he shall report monthly U said hoard the operation of his department during the preceding month, and make such further report as may be required by the said board; * * * Peace officers: Sec. 5. That the said board of fish and game commissioners and the fish and game wardens and the fish and game protector may, in the discharge of their duties, call in the aid of any constable, sheriff or other peace officer of this -tat when deemed necessary; and any such officer neglecting or refusing to aid whei thus required shall forfeit twenty-five dollars, to be recovered by action of debt; the] shall also have the power of summary arrest in cases of flagrant violation of th< fishing or the game laws of this state. Approved March 22, 1895. Acts of 1896, chap. 130, p. 185. Deputies: [Sec] 1. The board of fish and game commissioners is hereby author- ized to appoint such deputy fish and game wardens as such board may deem necessan for the better enforcement of the laws regulating the taking of fish, game and birds. Powers; duties; compensation: [Sec] 2. Such deputy fish and game wardens shall have all the powers and authority conferred by the laws-of this state on fish am game wardens of the state, and shall be entitled to all the fees and emoluments oi such office of fish and game wardens, and shall be subject to the regulations pro- vided by law for such fish and game wardens; provided, however, that such deputy fish and game wardens shall receive no salary or other compensation from the state. Acts of 1897, chap. 171, p. 340. Wardens' compensation: [Sec] 1. The board of fish and game commissions of this state is hereby authorized and required, at its first meeting after the passa^ of this act, to fix the annual allowance for expenses of the fish and game protectoi and the fish and game wardens, and may at any meeting thereafter, for good caus appearing to them, alter such allowance; provided, hoirerer, that such allowance for expenses shall not in any year exceed the total amount appropriated by the legisla- ture for that purpose. Appropriations: Sec 2. All moneys appropriated for the compensation of thi fish and game protector, the fish and game -wardens and the general and incidental expenses of the board of fish and game commissioners shall be paid by the treasurer of this state, on the warrant of the comptroller, to the treasurer of such board oi fish and game commissioners, in equal monthly instalments on the first day of each month. Approved May 4, 1897. Acts of 1897, chap. 41, p. 109. Enforcement of laws: [Sec] 1. All laws general and special, for the protection of fish, game and birds, or in any manner prohibiting or regulating the taking or possession of the same, shall hereafter be enforced and all penalties for violations thereof shall hereafter be recovered in accordance with the provisions of this act. Jurisdiction: [Sec] 2. [As amended by Laws of 1905 r chap. 86.] Justices of tht peace, district courts and police magistrates shall have jurisdiction to try and punisl any person or persons, corporation or corporations, accused of violating any of the laws specified in the first section of this act, or any of the provisions thereof, and \ I w .11 R81 J . ever) penalty prescribed for Buch violation ma) any justice of the peace, district court or police ma in the county where the offense is committed or where the offender li first apprehended or where be ma) reside; and i u »t 1 1 i i i^r contained in any law heretofore passed -hall be con Btrue<] to pn.hihit juntices of the peace residing within the limits of any city wl . t court is or may he established from exercising jurisdictio i under this act. Arrest; Trial; Commit incut : [S» | 3. Such justice of 1 1 1 < - peace, district COUrt or police magistrate, upon receiving c plaint in writing, duly verified, of the viola- tion of an> law specified in the first Bection of this act, or of an) of the provisions thereof, is hereby authorized and required to issue a warrant, directed to any con- stable, police officer, fish and 'jam.' warden, fish and game protector, or deputy fish and game warden of this state commanding him to cause the person or persons bo complained of to be arrested and brought before Buch justice, district court or police magistrate, and shall thereupon, in a Bummary way, hear and determine the guill or innocence of such person or persons, and, upon conviction, shall impose upon the person or persons so con\ icted the penalty or penalties prescribed, together with the [prosecution, for such offense, and it' any person or persons -hall fail to pay the penalty or penalties so imposed together with the costs of prosecution, the said justice, district f>>urt or police magistrate shall commit him or them to the common jail of the county where such conviction is had. for a period not exceeding ninety days, or until said penalty and costs arc paid. Corporations: [Sec.] 4. Such justice of the peace, district court or police magis- trate, upon receiving complaint in writing, duly verified, of the violation of any law specified in the first section of this act, or of any of the provisions thereof, by any corporation or corporation-, is hereby authorized and required to issue a summons directed to any constable, police officer, fish and game warden, fish and game pro- tector, or deputy fish and game warden of this state requiring such corporation or cor- porations to he and appear before such justice of the peace, district court of police magistrate on a day therein named, to answer the said complaint, which said sum- mons shall be served on the president, vice-president, secretary, superintendent or manager of Buch corporation at least five days before the time of appearance men- tioned therein, and thereafter all proceedings shall be the same as in cases against individuals, except where a different procedure is provided by this act. Arrest; Complaint; Trial: [8ec.] 5. For the violation of any law specified in the tir-t section of this act, or of any of the provisions thereof, done within the view of any constable, police officer, fish and game warden, fish and game protector, deputy fish and game warden, oran officer or member of any incorporated game protective society, such officer is hereby authorized, without warrant, to arrest the offender or offenders and to carry him or them before a justice of the peace, district court op police magistrate of the county where such arrest i^ made, and the justice, district court or police magistrate before whom such offender or offenders shall he taken is hereby authorized ami required to hear and determine in a summary way the guilt or inno- cence of such person or persons, after receiving from the said officer a complaint in Writing, duly verified, Betting forth the nature of the offense for which the said per- son or persons was or were arrested. Fees; costs: [Sec] 6. In any action commenced under the provisions of this act tin- prevailing party shall recover costs against the other; and the same fee- and bosts shall be allowed therein as in trials before justices of the peace holding court for the trial of small causes. Adjournment: [Sec.] 7. Any hearing to be held pursuant to this act may. for good bause shown, he adjourned for a period not exceeding thirty da\ s from the return of any warrant of the time of appearance mentioned in any summon-, or from the date of any arrest without warrant, as the case may he. hut in such case it shall he the 210 GAME COMMISSIONS AND WARDENS. duty of the justice, district court or police magistrate to detain the defendant or defendants in safe custody unless he or they shall cuter into bond to the person making the complaint, with at least one surety in double the amount of the penalty to be recovered, conditioned for his or their appearance on the day to which the hearing shall be adjourned, and thence from day to day until the case is di-posed of, and then to abide by the judgment of the justice, district court £>r police magistrate, provided no appeal therefrom be taken, and such bond, if forfeited, may be prose- cuted by the person to whom it is given in any court of competent jurisdiction. Disposition of fines: [Sec] 8. All moneys recovered pursuant to the provi>ions of this act shall be paid in each case to the person making the complaint, who shall pay one-third thereof to the fish and game protector for the use of the board of fish and game commissioners, and one-third thereof in equal proportions to the persons furnishing the evidence necessary to secure a conviction. Appeal: Sec. 9. Any party to any proceeding instituted under this act may appeal from the judgment or sentence of the justice, district court or police magistrate, to the court of common pleas of the county in which the said proceedings take place; provided, that the party appealing shall within ten days after the date of the said judgment serve a written notice of appeal upon the opposite party, pay the <• such proceedings, and deliver to the justice, district court or police magistrate a bond to the opposite party, in double the amount of the judgment appealed from, with at least one sufficient surety, conditioned to prosecute the said appeal and to stand to and abide by such further order or judgment as may hereafter be made against said party. Proceedings on appeal: Sec. 10. [As amended by Laws of 1905, chap. 86.] Whenever an appeal shall be taken as aforesaid, it shall be the duty of the justice of the peace, district court or police magistrate to send all papers, together with a trans- script of the proceedings in the case, to the next term of the court of common pleas of the said county, which court shall hear and determine such appeal in the same way and manner as said case was heard and determined by such justice of the peace, district court or police magistrate. Powers: Fees: Sec 11. The duly appointed fish and game protector, fish and game wardens, and deputy fish and game wardens of this state shall have the same power and be entitled to the same fees for the services of process in cases instituted under this act as constables have and are entitled to receive in the courts for the trial of small cause-. Witness: Sec 12. No person shall be excused from giving evidence in any action or proceedings taken or had under this act, on the ground that such evidence might tend to convict such witness, or render him liable to prosecution under this act. but such evidence shall not be received against such witness in any such prosecution. Judgment: [Sec] 14. Any judgment obtained under the provisions of this act against a corporation may be docketed in the office of the clerk of the circuit court in and for the county in which such judgment shall be obtained, and like proceed- ings shall be had for the collection of the same as if the said judgment had been ren- dered in the said court. Sunday: [Sec] 15. Proceedings under this act may be instituted on any day of the week, and the institution of such proceedings on Sunday shall be no bar to the successful prosecution of the same, and any process served on Sunday shall be as valid and effectual as if served on any other day of the week. Proceedings: [Sec] 16. All proceedings for the recovery of penalties pursuant to the provisions of this act shall be entitled and shall run in the name of the state of New Jersey, with one of the fish and game wardens of the state, or a deputy fish and game warden, or a police officer, or a constable, or a member of any regularly incor- porated fish and game protective association, or the fish and game protector as prose- cutor, and no proceedings shall be instituted by any person not a duly commissioned \ I w .1 EB81 Y. 211 iuI L-aini- wai'l.n. "t a d. put \ fish Mid game warden, 01 ■ police offlcei an \ incorporated fish and ■: h and L'aiiM- protector of this state Approval March 29, IN Arts of L909, chap. 807, p. 657. jure; Disposition ; Nonliabilit y : Sac. l The fish and commissioners, tin- fish and game protector and the fish and game ward< thi> Mate shall have power, without warrant, to Bearch and examine any boat, con- veyance, vehicle, fish-box, fish-basket, gam< game-coat, or other receptacle ime and fish, when they have reason to believe tliat any of the laws for the tior of game and fish have been violated; and the Baid fish and game commis- sioners, fish and game protector and fish and game wardens shall, at any time, and take possession of any and all birds, animals or fish, which have been caught, taken or killed at any time in a manner or for a purpose, or had in possession or under control, have been shipped or are about to be shipped, contrary to any of the - of the peace, district courts and police magistrates, upon ring proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, killed, had in possession, under control or shipped, or about to be shipped, contrary to law. shall issue a Bearch warrant and cause a search made in any place, and to that end may, after demand, and refusal, cause any building, enclosurt <•:• car to he entered, and any apartment, chest, box. locker, crate, • or package to be broken open ami the contents thereof examined by said fish and game commissioners, fish and game protector or tish and game wardens; all animals <>r fish, or net or fishing appliance <>r apparatus, seized by the fish and pune commissioners, fish and game protector or any of the fish and game wardens, shall he disp sed of in such manner a- may he directed by the justice of the ] district court or police magistrate before whom the offense is tried; and such fish and game commissioners, tish and game protector or fish and game wardens shall not he liable for damages on account of any such search or the destruction of any nets or fishing apparatus of any kind in accordance with the provisions of this act Pleading's: Sec. 2. [No further pleadings than the filing of complaint and is. Acts of 1902, chap. 263, p. 780. License: Sec. 1. [Requires nonresidents to procure hunting licenses. Fee $10.] Production of license; Arrest; Seizure; Sale of implements: Sec. 2. Any protector or game warden shall have the right, after demand and refusal or failure to exhibit such certificate, to arrest, \\ ithout warrant, any non-resident | or persons found hunting, or whom -aid protector or warden shall have reasonable to believe to have been hunting within this state (and for the purpose of this any person who shall refuse to state bis place of residence, upon demand of Bach officer shall be deemed a non-resident) and to take him or them forthwith e any justice of the peace, district court or police magistrate of the county where tin- arrest is made and to proceed against him or them in the manner pre- •1 by an act of the legislature of this state. [Act of 18i*7] and also to seise any and all gun or guns or shooting paraphernalia in the q of such person or - - - . and to hold the same subjected to the payment of the f. fines which shall be imposed upon such person or persons, together with the -edition; and in case such person or p ill be convicted and shall fail 4358— No. 1'*— <>7 15 212 GAME COMMISSIONS AND WABDENS. to make payment of the said penalty and costs within ten days from the date of such conviction, to sell the same at public auction and apply the funds thus realized first to the payment of the said costs and the balance thereof, if there be any, to the payment of the penalty imposed; and should any balance still remain to pay the same to the owner of the property so seized. Nonliability: Sec. 3. No game protector or game warden shall be liable for dam- ages on account of any Buch arrest, seizure or sale in accordance with the provisions of this act Approved April 22, 1902. Acts of 1903, chap. 246, p. 526. Prima facie evidence: Sec. 8. [As amended by Laws of 1904, chap. 231.] * * * and the having in possession of any such goose, duck, swan, brant or other water wild fowl during the period prohibited in this section [May 1-Sept. 1] shall, in every court and place, be deemed prima facie evidence that the same are unlawfully in possession. Prima facie evidence: Sec. 16. [As amended by Laws of 1906, chap. — ] * * * and the having in possession of any such deer during the times and periods prohib- ited in this act [until Nov. 10, 1909] shall be prima facie evidence in all courts and places of the fact that they are in possession unlawfully. Approved April 14, 1903. Acts of 1905, chap. 87, p. 184. Conviction: [Sec] 1. Theconvictiun in prosecutions under the act [1897, chap. 41] to which this is a supplement shall be in the following or similar form: State of New Jersey. County of . Be it remembered, that on this day of , A. D. nineteen hundred and , at in said county, defendant, was, by one of the justices of the peace in and for said county (or by the district court or police magis- trate, as the case may be), convicted of violating the section of an act of legis- lature of said state entitled "An act for the protection of certain kinds of birds, game and lish, to regulate their method of capture and provide open and close seasons for such capture and possession (Revision of 1903)," approved April fourteenth, nine- teen hundred and three (or if violation be of a supplement or amendment, then state title of act and date of approval), in a summary proceeding at the suit of ■ , one of the fish and game wardens of said state, plaintiff (or as the case may be), upon complaint made by ; and further, that the witnesses in said proceeding who testified for the plaintiff were (name them), and the witnesses who testified for the defendant were (name them); whereupon said justice of the peace (or district court or police magistrate, as the case may be) doth hereby give judg- ment that the plaintiff recover of the defendant, , penalty and costs of this proceeding. Said conviction shall be signed by the justice of the peace, judge of the district court or police magistrate before whom the conviction is had. Approved March 31, 1905. NEW MEXICO. Laws of 1903, chap. 48, p. 74. Game warden; Bond; Salary: Sec. 1. Within thirty days after the passage of this act, there shall be appointed by the governor of the territory of New Mexico, an officer t<» be known as the game and fish warden of the Territory of New Mexico, whose term of office shall be two years and until his successor shall be appointed and qualified, and whose duties shall be prescribed by this act. [Warden must \ l w MEXICO \ I w k'ORK. .ttli o< office .1:1.1 give bond • I I, and Is allowed -.1 wmiim payable as are salaries ol other territorial officers. | Deputies; Compensation; Duties); Pow er i i ich game and fish warden shall have the |K>wer to appoint deputies in each count) in tl nd to remove the same from office, who shall be resident! of the county for which they appointed, and who shall be specially charged with thedutyof enforcing the ml game lawn of the rerritoi Mexico in their respective counties such deputies shall receive in full compensation for their one-half of ;ill fines imposed upon prosecutions procured or instituted by them, and convictions red thereunder, for violation of the game and fish laws of this territory, and each deputy bo appointed Bhall qualify by filing with the game and fish warden of the Territory of NeM Mexico, an oath of office now prescribed bj law for territorial officers. It shall be the duty of the game, and fish warden of the Territory of New Mexico and of each and every deputy within his county, rigidly and Btrictly to care f..r and enforce the provisions of this and all other laws of the Territory ol for the protection of game and fish of whatsoever kind or description, and lo institute and cause the institution of prosecutions for any and all violations of such laws, and to that end such game and fish warden and each and every of his deputies within their respective counties as aforesaid, are hereby authorized and re- quired to arrest, or cause [to] be arrested, all violators of such 'laws, and to lodge accusations against them in a court of competent jurisdiction in the premises; to pit her evidence «>n behalf of the prosecution of Buch offendc rs, and to do any and all things necessary to the punishment hereunder and under the laws of the Territory Of New Mexico of any violation- of this or any other taw of said territory on the subject of fish and game and the protection thereof. [Warden or deputies liable to punishment and removal from office for failure to enforce the Law.] Approved March 12, 1903. NEW YORK. Laws of 1901, chap. 94. Commissioner; Deputy; Compensation; Bond: [Sec.] 1. The forest, fish and game commission shall, except as in this act otherwise provided, consist of a Bingle commissioner who shall have all the powers and duties now possessed by such com- mission <>r any member or mem hers thereof. He shall be appointed by the governor by and with the advice and consent of the senate within ten days after the pa of this act The term of office of such commissioner and his successors in office shall befouryeare, and in case of vacancy in the office, the appointment shall be to till the vacancy. He shall receive an annual salary of five thousand dollars and the expenses necessarily incurred hy him in the discharge of his official duties. Said Commissioner shall after January first, nineteen hundred and three, appoint a deputy commissioner who shall receive an annual salary of two thousand five hundred dVlars and the expenses necessarily incurred by him in the discharge of his official duties. Duringthe absence or inability to act of the commissioner, the deputy com- missioner shall have and exercise all the powers of the commissioner. The commis- r and deputy commissioner shall each execute and file with the comptroller of the state a bond to the people of the state in the sum of ten thousand dollars with sureties to be approved by the comptroller, conditioned for the faithful performance of his duties and to account for and pay over pursuant to law, all moneys received by him in his office. The commissioner and deputy commissioner shall take and Subscribe the constitutional oath of office. The deputy commissioner may he ["The other half to he paid into the county treasury for tin- school fund of the county.] 214 GAME COMMISSIONS AND WARDENS. removed by the commissioner who may in like manner appoint as accessor. The terms of office of the commissioners of forest, fish and game now in office, shall terminate upon the appointment and qualification of such commissioner. Laws of 1900, chap. 20. Article VIII. Office; Secretary; Superintendent of forests; Clerk: [Sec] 154. [Asamended by Laws of 1906, chap. 206.] The commission shall have an office in the capitol at Albany, * * *-. The commission may appoint a secretary and a superintendent of forests and iix their compensation, * * * and such other clerical assistants as are actually needed. Powers; Duties: [Sec] 155. The commission shall have charge of * * * the enforcement of laws for the protection of fish and game and the forests * * * and such other powers and duties as are or may he imposed upon them by law. Report: [Sec] 163. [Commission required to report annually to the legislature.] Compilation of forest, fish and game law: Sec 164. [Added by Laws of 1907, chap. 282.] As soon as practicable after the adjournment of the legislature in each year, the forest, fish and game commissioner shall make a compilation of the forest, fish and game law, as amended at the date of such compilation, and properly index the same. Twenty-five thousand copies of said compilation shall be printed in pam- phlet form of pocket size, under the direction of the clerks of the senate and assem- bly, and said clerks shall distribute them as follows: One hundred copies to each senator, fifty copies to each assemblyman, and the balance to the forest, fish and game commissioner for distribution. Article IX. Game protectors: [Sec] 170. [Asamended by Lawsof 1907, chap. 519.] Thecom- mission shall appoint 75 game protectors. One shall reside in each of the counties of Essex, Clinton, Franklin, Saint Lawrence, Jefferson, Lewis, Herkimer, Hamilton, Warren, and Washington and the next eight protectors shall be appointed from said counties. The protectors and assistant protectors shall hold office during the pleasure of the commissioner and the commissioner shall from time to time designate from the protectors a chief game protector and a first, second and third assistant game protector, two oyster protectors, an assistant oyster protector and a protector for the Saint Lawrence River. The commissioner shall also appoint some proper person to be a special assistant oyster protector who shall reside in the borough of Man- hattan, City of New York and shall have the same powers, duties and functions as the assistant oyster protector hereinbefore provided for. The chief game protector shall have general supervision and control of all inspectors. Bonds: [Sec] 171. [Bond of Chief Game Protector $1,000; other protectors $500.] Compensation: [Sec] 172. [As amended by Laws of 1906, chap. 206.] The chief game protector shall receive an annual salary of two thousand dollars a year and his actual and necessary traveling expenses while in the discharge of his official duties, not exceeding one thousand dollars a year. Any chief game protector who has served as such for upward of five years may by order of the commissioner receive a salary of two thousand five hundred dollars. The iirst assistant chief protectoi shall receive one thousand four hundred dollars a year and during such time as he shall be required by the commissioner to reside constantly in Albany he shall receive an additional salary at the rate of fifty dollars per month together with his necessary traveling and incidental expenses while absent from the city of Albany in the dis- charge of his official duties. The second and third assistant chief protectors shall each receive twelve hundred dollars a year and their necessary traveling and inci- NI.U \m|;|\. dental expenses while in the discharge of their official duties not exceed hundred and fifty dollars a year. * * * Other protectors including Ihe s] ■ -hall receive six hundred dollars a year and an allowance penses not « - x « •« •* *. 1 i i » Lr four hundred and fifty dollars m yeai Each of said pro rs shall receive one-half of the fines and penalties lesi the ex pen Ing tin* sum collectetl in actions brought upon information furnished by him. Duties; Powers: [Sec.] 17.".. [As amended by Laws of 1905, chap. 285.] Game shall enforce all laws relating to fish and game; all law - of boards of super- - relating t<> the same; and -hall haw power t" execute all warrants and search warrants issued for a violation of the forest, fish ami game law ; to Berve a summons Issuing from justices' court; to Berve subpoenas issued for the examination and ■ igation or trial of offenses against any of Baid laws; to make Bearch \\ here thev have cause to l>elieve that fish or game is ed in > iolation of law, and without Bearch warrant to examine the contents of any boat, car, box, locker, basket, creel, crate, gamebag or other package, and the contents of any building other than I dwelling house, to ascertain whether any of the provisions of this a«-t or of any law for the protection of fish, shellfish, and game have been violated, and to use such tore as may be necessary for the purpose of such examination and inspection; Bud with a Bearch warrant to Bearch and examine the contents of any building or dwelling house; t > arrest without warrant any person committing a misdemeanor under the provisions of this act in their presence and take such person immediately before a magistrate having jurisdiction for trial. Record; Report: [Sec.] 174. Each game protector shall keep a daily record of his official acts, and at the close <>f each month report the same to the chief game pro- The salary and traveling expenses of a protector shall not be payable except upon the certificate of the chief game protector that such protector has made the required report and properly performed his duties. Report: [Sec.] 175. The chief game protector shall make a monthly report to the commission of the operation of his department during the preceding month, and shall report any negligence or failure to perform duty on the pari of any game pro- lector, and shall make such further reports as shall he required hy the commission. Special game protectors: [Sec.] 17U. The commission may in its discretion appoint a person recommended by a majority of the supervisors of any county or by any game club incorporated for the protection of fish or game, as special game pro- tector. Such special game protectors shall hold office during the pleasure of the commission and shall have the same powers as game protectors except the right to search without warrant, but shall not receive pay from the state. They shall make reports in the same manner as game protectors. Monroe county protectors: Secs. I76a-e. [Added by Laws of 1905, chap. Four special game protector- shall be appointed for Monroe County, on April first of each year, upon recommendation of the hoard of supervisors of the county. It shall be the duty of such special game protectors to arrest persons found setting, being, or in possession of unlicensed nets or other illegal fishing devices, and to report monthly to the forest fish and game commission and to the hoard of supervisors of Monroe County the number of nets captured, and arrests made, together with result of trials, and statement of expenses and disbursements.] Peace officers: [Sec.] 177. Peace officers shall have the same powers as game protectors under this act, except the right of Bearch w ithout warrant. Disposition of nets, etc.: [Sec.] 178. [As amended hy Laws ,,f 1905, chap. (857. ] Nets, pounds or other devices unlawfully had, set or used in or upon any of the waters or islands of this State, for the purpose of taking fish or game in violation of tins act, are hereby declared to be public nuisances and shall be summarily destroyed and abated hy any game protector, or may be by a private person; pro- vided, however, that the forest, fish and game commissioner may direct a game 2 IB GAME COMMISSIONS AND WARDENS. protector to retain certain uets or Beines for the use of the State fish hatcheries. No action for damages shall be maintained for such seizure, retention or destruction. <* A in [CLE X. Actions; Counsel; Attorney: [Sec.] 185. [As amended by Laws of 1906, chap. 199.] Actions for penalties for a violation of the forest, fish and game provisions of this act shall be in the name of the people of the State of New York; and must be brought on the order of the commissioner. The forest, fish and game commissioner may employ necessary counsel in the office of the forest, fish and game commission, and may likewise designate and appoint an attorney or attorneys to represent the department in the prosecution or defense of any action or proceeding brought under the provisions of the forest, fish and game law. They shall be paid by the state treasurer on the warrant of the comptroller such compensation as shall be agreed upon by the forest, fish and game commissioner. Such actions may be discontinued by order of the court on the application of the commissioner upon such terms as the court may direct. Such actions if in justice's courts, may be brought in any town of the county in which the penalty is incurred or of the county in which the defendant resides. Recovery: [Sec] 186. [As amended by Laws of 1905, chap. 285. Provides that in successful actions for recovery of penalties the State shall recover costs, witness fees and other disbursements]. Disposition of moneys; Fees: [Sec] 187. Moneys recovered in an action for a penalty, or upon the settlement or compromise thereof, and fines for violations of this act shall be paid to the commission who shall apply so much thereof as may be necessary to the payment of the expenses of collection except attorney fees, and shall on the order of the commissioner pay one-half of the balance to the game protector or fire warden, upon whose information the action was brought. Action by private person or society: [Sec] 188. [As amended by Laws of 1907, chap. 96. ] A private person, on giving security for costs to be approved by a judge of the court in which the action is brought and any society or corporation for the pro- tection of fish or game, may recover in his or its name any penalty imposed by this act for a violation of the fish and game provisions thereof, and shall be entitled in case of collection, to one-half of the recovery; the balance shall be paid to the com- mission. Notice of the commencement of such an action shall be given to the commissioner or the chief game protector within fifteen days after the service of the summons therein, and failure to give such notice shall be a defense to the action. If after the commencement thereof an action be brought for the same penalty in the name of the people, an order ehall be entered on the application of the chief game protector or of a commissioner for the discontinuance of such action without cost to either party. Motion papers in such an application shall be entitled in both actions. Execution: [Sec] 189. Judgments recovered under this act may be enforced by execution against the person. A person imprisoned upon such an execution shall be confined for not less than one day, and at the rate of one day for each dollar recovered. No person shall be imprisoned more than once or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judg ment. Jurisdiction: [Sec] 190. Courts of special sessions and police courts in towns and villages, and the several courts in cities having jurisdiction to try misdemeanors as provided by section fifty-six of the code of criminal procedure, shall in the first instance have exclusive jurisdiction of offenses committed under this act, and the jurisdiction of said courts shall extend to all such offenses committed in the county where the court sits. A warrant shall be returnable before the magistrate issuing the same. «See Lawton v. Steele (N. Y.), 152 U. S., 133; 14 S. C, 499. M u N ORK NORTH ( m:«»i .1 M \. 2 1 < reh w.i!i ■ .] 101. Any justice of 1 1 » « - ; lice justice, county judge, judge of a cit) courl or magistrate having criminal jurisdiction, shall if it appear probable that Huh or game taken oi contrary to the pro this act, is concealed, issue a search warrant for the discover) thereol ig to the practise provide*! in section (7 inclusive of the code of criminal procedure. Incriminating evidence: >k. 193. | \> amended bj Laws of 1903, chap. 353.] shall i'«- excused from testifying in an) civil or criminal action or proceed- iken or luul under this act upon the ground that his testimony might tend to convict him of a crime. But no evidence derived fr th<- examination of such p«-r- son shall be recei veil against him upon a criminal prosecution. A person called for the people and bo testif) ing shall not thereafter be liable to indictment "i conviction lor the violation or violations <>i" this act respecting which he has so testified, and may plead or prove the giving of such testimony in bar of such an indictment or con- viction. Prima facie evidence: Sec, \. [As amended by Laws of 1906, chap. 478.] Wild deer or venison shall not be possessed or sold from November 25 to September 30 both inclusive. Possession thereof from midnight of the fifteenth to the twenty- fourth of November shall* be presumptive evidence thai the same was unlawfully taken by the possessor. Prima facie evidence; Killing dog's: Sec. 9. [As amended by Laws of 1901, chap. 545. Prohibits hounding deer.] If any Buch dog or hitch be found hunting, pursuing or killing deer or running at large in forests inhabited by deer, it shall be presumptive evidence of a violation of this section by the person owning, using, having or harboring such dog or bitch. Any person may, and it is the duty of every game protector to kill a dog or bitch found in the Adirondack park or in a deer forest, or pursuing deer and no action for damage shall be maintained against ;i person for such killing. Destroying- nets, etc.: [Sec] 35. [Prohibits trapping, netting, or snaring birds.] Any such net, trap or snare is declared to be a public nuisance, and may be summa- rily abated and destroyed by any person and it is the duty of every protector to seize and destroy any such device. NORTH CAROLINA. Revisal of 1905, chap. 40, p. 564. Incorporation of Audubon Society: [Sec.] 1862. J. Y.Joyner, T.Gilbert Pearson. K. H.Lewis, A. II. Boyden,H.H.Brimley, P. D.Gold, Jr., J. F.Jordanand Ii. N. Wil- Bon are hereby created a body politic and corporate under the name and style of the Audubon Society of North ( larolina, and by that name and style they and theii dates and successors shall have perpetual succession, with power to take and hold, either by gift, grant, purchase, devise, bequest or otherwise, any real or personal estate, not exceeding fifty thousand dollars in value, for the general use and advance- ment of the purposes of the said corporation, or for any special purpose, consistent with the charter: and such property shall be exempt from taxation: to make rules and by-la W8; to have and to nee a common seal, and to change the same at pleasure; and to do and perform all such acts and things as are or may become necessary for the advancement and furtherance of the corporation. Officers: [Sec.] 1863. The officers of said corporation shall be a president, vice- president, secretary and treasurer, and such other officers as may be fixed by the by-laws. Objects: [Sec] 1864. The objects for which the corporation is formed are to pro- mote among the citizens of North Carolina a better appreciation of the value of song and insectivorous birds to man and the state; to encourage parents and teachers to give instruction to children on the Bubject; to stimulate public sentiment against the 218 GAME COMMISSIONS AND WARDENS. destruction of wild birds and their eggs; to secure the enactment and enforcement of proper and necessary laws for the protection and preservation of birds and game of the state: to provide for the naming of special officers and investing them with necessary power, who shall work under the direction and control of the Audubon Society of North Carolina, looking to the rigid enforcement of the game and bird protective laws of the state; to distribute literature bearing on these topics among the members of the society and other persons, and to raise and provide funds for defraying the necessary expenses of the society in the accomplishment of the pur> pos.- herein named. Treasurer; Wardens: [Sec] 1867. The Governor, upon the recommendation of the Audubon Society of North Carolina, shall, from time to time appoint bird and game wardens, and the treasurer of the society, whose terms of office, unless other- wise provided for, shall be during good behavior or until their successors are appointed. The governor shall issue to the treasurer of the Audubon Society, and to each person appointed as warden, a commission, and shall transmit such commis- sion to the clerk's office of the superior court for the county from which the pros- pective treasurer or bird and game warden is appointed; and no tax or fee shall be charged or collected for said commission. Any of the said wardens may be removed by the governor upon proof satisfactory to him that they are not fat persons for said position. The compensation of said wardens shall be fixed and paid by the said society. Oath; Bond; Badge: [Sec] 1868. Every person appointed as warden shall, before entering upon the duties of his office, take and subscribe before the clerks of the superior courts of the county in which he resides an oath to perform the duties of said office, together with the other oaths prescribed for police officers, and execute a bond in the sum of one hundred dollars for the faithful discharge of his duties, and the said oath and bond shall be recorded by the clerk in his office, and the wardens so qualified shall possess and exercise all the powers and authority held and exercised by the constable at common law and under statutes of this state. The clerk shall not charge more than fifty cents for taking and recording said oath. The bird and game wardens, when acting in their official capacity, shall wear in plain view a metallic shield with the words "Bird and Game Warden" inscribed thereon. Search; Prosecution; Enforcement: [Sec] 1869. Duly appointed and qualified game and bird wardens shall, upon making an affidavit before a justice of the peace or any court of the state that there exists reasonable grounds to believe that any game or birds are in the possession of any common carrier in violation of the law, be entitled to a search warrant and to open, enter and examine all cars, warehouses and recep- tacles of common carriers in the state, where they have reason to "believe any game or birds that have been taken or are held in violation of the law are to be found, and to seize such game or birds. It shall be the duty of said game and bird wardens to prosecute all persons or corporations having in their possession any bird or game contrary to the bird and game laws of this state. It shall be their duty to see that the bird and game laws are enforced and to obtain information as to all violation of said bird and game laws: Provided, that in Currituck county it shall be the duty of said wardens to also see to the enforcement of all laws relating to fishing in said county. Contraband game; Disposition: [Sec] 1870. Any bird or animal caught, taken, killed, shipped, or received for shipment, had in possession or under control by any person or corporation contrary to the provisions of law, which may come into the possession of the bird and game warden, shall be sold at auction, and the bird and game warden disposing of the same shall issue a certificate to the purchaser certify- ing that the said birds or animals were legally obtained and possessed, and any one so acquiring said birds or animals can have the right _to use them as if the same had been sold, killed or possessed in accordance with the law. The money received NORTH < \i;<>l I \ \ NORTH DAKOTA. *_' 1 9 from tin- wile of such <"uti~i .it «-. 1 h • ne shall I"- forwarded b\ the «lt-ii to the treasurer of the state and be placed t.> the account ol the Bird and • Knij'l. Bird and game fund: [8ac.] 1871. The hinds received b) tli<- ti I the from the license* tax on nonresident hunters shall constitute a fund knot the Bird and (Jaine Fund, which fund shall be paid out by the ti bo the order of the treasurer of ili<- Audubon Society of North Carolina, who shall • an annual report to the fjovernor of the receipts and expenditures of the for the y< Reviaalof 1905. chap. 81, p.1026. Exemption of witneaaea: [Sbc.] 3462. When more persons than one i '1 in committing the offense of fire-hunting, anyone may be compelled to evidence against all others concerned; and the witness, upon giving Buch information, shall be acquitted and held discharged from all penalties and pains to which he was subject by his participation in the offense. This section shall not apply to Currituck county. Separate offense: [Sec.] 3469. * * Kadi day's hunting without license ■hall be a separate offense. Prima facie evidence: [Sbc.] .5471. * * The reception by any person or corporation within the state* of any such I 'in Is or game [captured within the state] for shipment to a point beyond tin- limits of this state, shall he prima facie evidence that said birds or garne-were killed within the state for the purpose of conveying beyond its limits; but the provisions of this section shall not apply to the com- mon carriers into whose possession any of the birds mentioned in thi< section shall in the regular course of their business for transportation while they are in • through the state from any place without the state. NORTH DAKOTA. Revised Codes of 1899; Political Code, art. 11, p. 462. Districts; Wardens; Bond; Deputies: Sbc. 1642 [As amended by Law- of chap. 103.] This state shall be divided into two game districts. [District No. I, comprises approximately that part of the state north of the 12th standard parallel. District No. 2, that part south of the parallel.] There shall be appointed by the governor in each of said game districts a game warden, who shall be known a< the district game warden, and whose term of office shall be two years, commencing on the first Tuesday in April next succeeding his appointment and until his sua ointed and qualified, lie shall give a bond to be approved by the governor, in the sum of one thousand dollars, conditioned for the faithful performance of his duties. It is the duty of the district game wardens to superintend and aid in the enforcement of all laws of this state for the preservation of game therein. The dis- trict game wardens shall appoint deputy game warden- in the counties of their live districts as follow-: In each county having less than thn-e thousand inhabitants, one deputy; in each county having more than three thousand inhabit- tntsand not less than seven thousand inhabitants, two deputies; in every other ty three deputies, and special deputies wherever and whenever they deem it ad visa hie. Every deputy shall be an elector of the county for which he is appointed, and shall hold office at the pleasure of the district game warden, or until disqualified for any reason. Production of license: Sec. 1643. [ License to hunt Bubject t< i inspects in i if any - ti on demand.] Disposition of license fees: Sbc. 1646. [As amended by Laws of L903, chap. 103.] Twenty per cent of all money received from the sale of permits [to limit] shall 220 GAME COMMISSIONS AND WAKDENS. be paid over to the Btate treasurer by the county auditor of each county on the first day of December of each year, and Bhall be placed in the state general fund. Thirty percent shall at the same time be paid over to the district game warden by this county auditor of each county within his district, and shall be in full payment for his services. Forty per cent shall at the same time be paid over to the deputy game warden of the county, or when there is more than one. be divided equally between them, and shall be in full payment for their services, and the remaining ten per cent shall be retained by the county auditor for his personal services. And the county auditor of every county shall at the same time tile with the state auditor a full report of all resident and non-resident permits issued by him during that year. Powers; Duties; Arrest; Fees: Sec. 1647. [As amended by Lawsof 1903, chap. 103.] For the purpose of enforcing the laws of this state for the protection of game, the district game wardens and their deputies shall have all the powers conferred by law upon constables. It shall be the duty of each deputy game warden diligently to inform himself of all violation of such laws and to prosecute the same, and to arrest the party so violating them with a warrant sworn out before any justice of the peace of the county in which the offense is committed, said warrant to be issued as pro- vided in section 7891 of the revised codes. If caught in the violation thereof at the time of his arrest, a party may be arrested therefor without a warrant, when he shall be at once taken before a court having jurisdiction of the offeme, and a warrant issued, when the same proceedings shall thereafter be had as if a warrant had been issued before his arrest, but no person shall be arrested without a warrant for any such violation when not engaged in such violation at the time of his arrest. Upon any conviction had lor any violation of the provisions of this act, there shall be paid to the deputy making the arrest such fees as are allowed constables for services in like cases, to be taxed and collected as a part of the costs in the case. Penal Code, chap. 72, p. 1533. Seizure; Search: Sec. 7683a. [As amended by Lawsof 1903, chap. 103.] It shall be the duty of district game wardens and their deputies, and all peace officers of this state, at any and all times to seize and take possession of any and all animals or birds which have been caught, taken, killed, shipped or received for shipment, had in possession or under control contrary to the provisions of the laws of this state. Such seizure may be made without a warrant. Any court having jurisdiction of the offense upon receiving by oath or affirmation [proof] of probable cause for belief in conceal- ment of any birds or animals caught, taken, killed, shipped or received for shipment, had in possession or under control contrary to the provisions of the laws of the state, shall issue a search warrant and cause a search to be made therefor in any place particularly described in said warrant, and to that end may cause any building, inclosure or car to be entered and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined. Deputy game wardens and all peace officers taking or seizing any such animals or birds shall at once report the facts attending the same to the district game warden, and shall at his request turn the same over to him. After such taking such animals or birds shall be subject to the direction and control of the district game warden and shall be considered in his possession. Contraband game; Disposition: Sec 7683b. [As amended by Laws of 1903, chap. 103.] Any animals or birds caught, taken, killed, shipped or received for ship- ment, had in possession or under control contrary to the provisions of the laws of this state, which may come into the possession of the district game warden, either directly or through any deputy or peace officer, shall be sold or disposed of within this state, and the district game warden may issue a certificate to the person purchasing, certifying that the same were legally obtained and possessed, andanyoneso acquiring NORTH DAKOTA OHIO. 221 within thi~ i«tati» shall I ia \ «• tin- right to deal therewith ax il the lame had killed or in accordance with the lawi "t' this itate. The deputj warden or peace ottieer making -1 1« • 1 1 seizure shall be entitled t<. two-thirdi of the ivds of tin- salr of an\ of the animalH or birds sold or < I i-j •«.-»•. | of ;( ~ herein and the district -jam.- warden shall In entitled to one-third of the pn ■ h sali'. B siatance to officers Whoever shall obstruct any of said threat or otherwise, in the discharge of their duties under this chapter, shall he guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twent) dollars nor more than fifty dollars and the costs of pros ecution, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such tine and imprisonment Propagation: S The commissioners of any county may expend nol to exceed the sum of one hundred dollars per annum for the purpose of propagating game or fish, when it shall appear to them that rach an expenditure would be bene- ficial to the county. Indians: - -:f. [As amended by Laws of 1903, chap. 103.] It shall be unlaw- ful for any Indian who is a ward of the United Stat*-.- government to hunl on any lands within this state at anytime, except upon such lands as arc known to be Indian reservation lands. It shall be the duty of the district game wardens, their deputies and all peace officers of this state, to arrest any Indian found hunting in violation of this act. It shall be the duty of the state's attorney in any county within this state t< i prosecute any Indian BO arrested under the provisions of this act, and upon conviction such Indian shall be deemed guilty of a misdemeanor and be punishable by a fine of nol less than twenty dollars nor more than fifty dollars, or may be imprisoned in the county jail not less than ten days nor more than thirty iiays, or may be subjected to both such fine and imprisonment; provided, that the provision of this section shall not apply to any Indian who takes out a permit to hunt, as provided for other persons. OHIO. Laws of 1904, p. 463. Game commissioners: Sec. 1. That the governor, by and with the advice and con-rut of the senate, shall appoint five commissioners of fish and game, of whom not more than three shall belong to anyone political party, one commissioner to ser\e for one year, one for two years, one for three year.-, one for four years, and one for five years, and at the expiration of the term of office of each member of the com- mission his successor shal 1 be appointed for five years, who shall severally hold their pffice for five years, any one of whom may be removed by the governor at his pleasure; provided that the commissioners of fish and game serving as such at the date of the passage of this act Bhall serve out their respective terms unless sooner ■amoved by the governor. Bond: Sec. 2. [Each commissioner required to give a bond of $2,000 for faithful performance of duties.] Expenses: Sec. 3. The commissioners shall serve without compensation, hut they shall be entitled to be paid all their expenses while engaged in the discharge of their duties, which expenses shall be paid to them on their own certificates, severally. Powers; Duties: Sec. 4. The commissioners of fish and game shall be, and are hereby vested with complete control and authority in all matters pertaining to the protection, preservation and propagation <. >u. 1 for his Appearance if any l>"iirae other suitable place until the time set for the hearing of th.- complaint. Buch prison >nera shall I by the jailor <>r officer in charge of the place designated by the court or magistrate. It shall \k> the duty of all sheriffs, deput) sheriffs, constables and other police officers, to enforce .ill laws relating to the protection and propagation of fish and game, and in their enforcement they shall have the same powei nferred upon the warden, and they shall be entitled to like fees for similar services. Prosecution by the wardens, or other police officers for offenses not committed in their presence, shall be executed [instituted] only upon the appi of tlif prosecuting attorney of the county in which the offense ia committed, or under the direction of the attorney general; and for his services the prosecuting attorney shall receive twenty percent, of all fines assessed and collected upon prose- cutions conducted by him. Beisure of puis, etc.; Lien; Replevin: Bec. 7. Any gun, net, seine, boat, trap or other device whatever used in the unlawful taking, catching, or killing of birds, Bah or game, is hereby declared to be a public nuisance and shall, upon lawful seiz- ure by any warden or police officer, be deemed forfeited t i the state: and it shall be the duty of every warden or other police officer, to seize any such property and insti- tute proceedings for its forfeiture, as provided in section eight of this act. When any Buch gun, net, -cine, boat, trap or other device is seized and condemned, as pro- vided in the next succeeding section hereof, the cost of such proceeding shall be adjudged against the owner or the user thereof at the time of the seizure, if known, which judgment shall be the first lien upon his property, and against which lien no exemption can be claimed. When a seizure of any such property has been made no writ of replevin shall lie to take it from the custody of the officer Beizing it, or from the custody or jurisdiction of the court before whom such proceeding is pending, but such property shall be held by such officer or court to await the final determination !i proceeding; and such proceeding shall in no wise affect or bar a criminal :ution of the person so using such property in violation of law. Forfeiture proceeding's; Sales: Bec. 8. When any gun, net, seine, boat, trap or other device is seized as provided in section seven of this act, it shall be the duty of the warden or other officer Beizing it, to safely keep such property in his p sioii. or under his control, and to institute, within three days, in the proper court of unty wherein such property is seized, proceedings for its condemnation and forfeiture. Such proceedings shall be instituted by the filing of an affidavit, describ- ing the property seized. Betting out the unlawful use to which it was found put, giv- ing the time and place of seizure, and setting out, if known, the name of the p Owning, or using the same, at the time of seizure, and if such person be unknown, such fact shall be stated. The court before whom such affidavit is filed shall there- upon issue a summons setting out the facts alleged in the affidavit, and Btatingthe time and place when the cause will be for hearing, a copy of which summons shall be served upon the owner, or person using the property at the time of [its] seizure I if he be known | personally, or by leaving a copy thereof at bis usual place of resi- dence, or business, if in the county, at least three days before the hearing of the com- plaint. If such owner or user be unknown, or if he be a non-resident of the county, or can not be found therein, a copy of the summons shall be posted up at a suitable place nearest the place of seizure, and copy mailed him | if his address be known at least three days before the time set for the hearing of the complaint. The officer making such service shall make a return on the « lay set for the hearing, of the time and manner of making such service. The court may postpone the hearing upon a proper showing by either party, for such reasonable time as may be necessary. Upon the hearing, proceedings shall be had as provided in section nine of this act. If the court 224 GAME COMMISSIONS AND WARDENS. or jury shall find, by a preponderance of the evidence, that the property at the time of it- Beiznre, was being used in violation of law, the court shall adjudge the property forfeit cil, and shall render judgment against the owner or user thereof, for the costs, and shall order the property turned over to the commissioners of fish and game, to be by them sold at such time and place as they shall deem best, and the proceeds thereof covered into the state treasury as provided by law. But if the court or jury shall find that the property, at the time of its seizure, was not being used in violation of law, the court shall order the property released. A writ of error may be prose- cuted by the officer or person filing the complaint, or by the owner or user of the property seized, to review the judgment and order of the court in forfeiting the prop- erty, or in ordering its release, to the court of common pleas, circuit court, and supreme court, in the same manner as writs of error are prosecuted in other civil causes. But if the owner or person so unlawfully using the property at the time of seizure shall be arrested and shall plead guilty, and shall confess that the property seized was, at the time of its seizure, being used by him in violation of law, in such case it shall not be necessary to institute a proceeding to forfeit the same, but the court before whom the offender has pleaded guilty, shall, in imposing sentence, further order and adjudge that the property so seized be forfeited to the State. Jurisdiction; Procedure; Costs: Sec. 9. Any justice of the peace, mayor, or police judge, within his county, shall have final jurisdiction in all prosecutions for the violation of any of the provisions of this act or of any law enacted for the protection, preservation, or the propagation of birds, fish, or game, and shall have like jurisdic- tion in all proceedings brought for the condemnation and forfeiture of any property used in the violation of any such law. If in any such prosecution, or condemnation proceeding, the defendant shall demand a trial by jury, the court before whom the prosecution or the proceeding is pending shall issue his venire to any warden or con- stable of the county, containing the names of sixteen electors of the township, city, or village, for which such court was chosen as such officer, to serve as jurors upon the hearing of such prosecution or proceeding, which officer shall promptly execute the same and make due return thereof to the court. If such venire be exhausted without obtaining the required number of jurors to fill the panel, the court may direct the warden, or the constable, to summon any of the bystanders, or to bring in other persons, to act as jurors. Provided, That if the defendant consent in writing (which shall be entered of record), he may be tried by a jury composed of six persons, in which case the venire need not contain the names of more than ten electors. Each party shall be entitled to two peremptory challenges, and to such other challenges of jurors for cause as are permitted in criminal cases in the court of common pleas. In criminal prosecutions like proceedings shall be had as in crimi- nal cases in the court of common pleas; and in condemnation proceedings, like pro- ceedings shall be had as in civil cases in the court of common pleas. In all prosecu- tions and condemnation proceedings for the violation of any law enacted for the protection, preservation or the propagation of birds, fish, or game, no cost shall be required to be advanced, secured, or paid by, or bond or undertaking required of, any person whose duty it is under the law, to prosecute such cases or proceedings. And if the defendant be acquitted, or if convicted and committed in default of pay- ment of fine or costs, or if the property seized be released, the costs in such cases shall be certified under oath to the county auditor who, after correcting the same, if found incorrect, shall issue his warrant on the county treasurer in favor of the person or persons to whom such costs and fees are due, and for the amount due each person respectively. Prima facie evidence; Corporations; Conviction; Fines, etc.: Sec 10. The finding of any gun, net. seine, boat, trap or other device set, maintained, or in use, in violation of any law relating to the protection, preservation or propagation of birds, fish or L r ame, shall be prima facie evidence of the guilt of the person owning, OHIO. ■_'•_'•> or making claim i" the name; and the finding ol any birds, fish, 01 game unlaw 1 1 1 1 1 \ in th»' p. .—.-si., n of an) person, Bhall be prima tm ie ei Idence "i the guilt . !i person. * * * Whenever any affidavit shall be filed and warrant I tomtit tn for the violation of any of the provisions of this ad or any l.iu for tin- protection, preservation or propagation "i birds, ii~h or game, .i summons ■hall be issued, directed to the sheriff, constable or warden, commanding Baid « » ! ! "i • • - r- |o notif) the accused thereof, and returnable on or before the tenth day sfti -ii. h summons, together with a copy of the warrant, Bhall be Berved and returned in the manner pro\ ided for the service of summona apon such corporations in civil action-; the corporation on or before the return day of the summons, may appear by any .>ii.-.'i its officers or by council and answer the warrant by motion, demurrer or plea, and upon its failure to make such appearance and answer, a plea of "not guilty" -hall be entered, and upon Bach appearance being made or plea red, the corporation shall be deemed thenceforth continuously present in court until the case i- finally disposed of. In every case of conviction, the cost of prose- cation, and of condemnation shall, in addition to the fine imposed, or forfeiture declared, be adjudged against the person convicted, or the owner or user of the property condemned. Whenever, upon conviction, the person convicted fails to pay the fine and costs imposed upon him, or execution issued is returned unsatisfied, he shall U- committed to the jail of the county or to some workhouse and shall there be kept confined one day for each one dollar fine and costs adjudged against him, and he shall not be discharged or released therefrom by any hoard or officer, except npon payment of the portion of the tines and costs remaining unserved, or upon the order of the commissioners of fish and game. All fines, penalties, and forfeitures arising from prosecutions, conviction-, confiscations, or otherwise (unless otherwise directed by the commissioners of fish and game shall be paid by the officer before whom the prosecution is had or by whom the fine is collected, to the president of the commissioners of fish and game, and by him paid into the state treasury to the credit of the fund which is hereby appropriated for the use of the commissioners. Search; Seizure: Sec. 11. Every warden, sheriff, deputy sheriff, constat • other poli.e officer, may inspect any package, parcel, box, coat or clothing, or other tacle, in the possession of any person, which the said warden shall have - o to believe contains birds, fish, or game killed, taken, or had in possession in violation of law; and to inspect any room, building, ear. boat, or other place wherein birds, fish, or game are kept for sale, or which he has good reason to believe contains birds, fish or game, killed, taken, or had in possession in violation of law. If the person in whose custody or possession such package, parcel, box, coat or clothing, or other receptacle may be, or the owner or person in charge of any such room, building, car. boat, or other place refuse to permit such inspection, upon demand made by the warden, the warden shall have the power after having made, or with- out making such demand, upon filing an affidavit in accordance with the provisions of section 7121 Revised Statutes before an officer having jurisdiction of the offense, and receiving a search warrant issued thereon, to forcibly open and inspect any such package, parcel, box, coat or clothing, or other receptacle, or room, building, ear, boat or other place, and if he shall find therein any birds, fish, or game, unlawfully in the possession of any person, he shall forthwith seize the same, and the same shall escheat to the state, and arrest the person in whose custody or possession the same is found. Separate offense; Prima facie evidence: Sir. L6. [1 »ns for rabbits, Bjquirrels, and raccoons, and prohibits sale or transportation of squirrels.] And each Squirrel so killed, taken, had in possession, received for transportation, or trans- ported, contrary to the provisions of this section, shall constitute a separate offense. The reception by any person within this state of any s.juirrel for shipment to a point 226 GAME COMMISSIONS AND WARDENS. without the state, shall be prima facie evidence that they were killed within this Btate for the purpose of conveying the same beyond its limits. * * * Separate offense; Prima facie evidence: Sac. 18. [Prohibits purchase, sale or -i.>n of game birds in close season, transportation beyond the state, or kill- ing for such purpose.] And each bird or fowl, so killed, taken, had in possession, received for transportation, or transported, contrary to the provisions of this section, shall constitute a separate offense. The reception by any person within this state ol any such birds, game, or animals, for shipment to a point without the state, shall be prima facie evidence that they were killed within this state for the purpose of con- veying the same beyond its limits. * * * Licenses; Production of license; Separate offense: Sec. 22. [Provides for nonresident license of $15. J The commissioners of fish and game may revoke license of a nonresident upon satisfactory proof that such person has hunted in violation ol law; and no license shall be granted to a person whose license has been revoked for a period of one year thereafter. The clerk of courts shall keep a record of each license issued, and shall make a report to the commissioners of fish and game, during the month of December, in such form as they shall require of the number of license! issued, and shall transmit, with such report, to the president of the commissioner! of fish and game, the moneys received during the hunting season, which moneys shall be paid into the state treasury to the credit of a fund, which is hereby appro- priated for the use of the commissioners of fish and game. El very such nonresident person shall, when hunting, carry with him his license, and shall, upon demand, exhibit it to any warden or police officer, and a refusal to so exhibit his license shall constitute an offense under this section. The record of licenses kept by the clerk of courts shall be open at all reasonable hours to the inspection of any person. Each day that any nonresident person shall hunt, within this state, without firsf having procured the license herein required, shall constitute a separate offense. # * * Approved April 26, 1904. OKLAHOMA. Wilson's Revised and Annotated Statutes, 1903, Chap. XXXVIII, p. 755. Game and fish warden: (3084) [Sec] 16. It shall be the duty of the Governor to appoint some person, a resident of this Territory, Game and Fish Warden. Said "Warden shall hold his office for four years, or until his successor is appointed and qualified, unless removed for cause or at the will of the Governor; and that said Game Warden shall serve in such capacity without compensation, except as pro- vided in this Act. Duties; Proceeding's: (3085) [Sec] 17. It shall be the duty of said (lame and Fish Warden * * * to enforce the laws applicable to game and fish, and for the preservation of all game and fish as provided by this Act and which may hereafrer become the law of this Territory, or be enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of this Territory to punish any person for the violation of said statute laws of this Territory: Provided, That such actions and proceeding may be brought in the name of the Territory in like cases, in the same courts and under the same circumstances by any individual or by the county attorney of the several counties: And. provided further, That no bond shall be required for costs from any person making suca complaint. Action; Search; Prima facie evidence; Seizure; Nonliability: i 3086 [Sec.] 18. That the Game and Fish Warden may make complaint and cause proceedings to be commenced against any person for the violation of any of the laws for the protection or propagation of game or fish without the sanction of the county attorney of the county OKLAHOMA. *_' J » ifh such pi • •> <■< •■liiiL-- are comment ■•••!, and in bin I ihall nol Ik* >■ — 1 1 . 1 Warden ma) also appeal for the Territory ii inpetent jurisdiction in an} case for violation ol anj of the lawn for the pro- n «>i' li-h and puiu 1 , and prosecute the name in the nme mannei iin.l with the same authority as the rount} attorney of the county in which the commenced. Said Warden shall havepowi rch any p< camine an} Unit, conveyance, vehicle, fish box, fish basket, game bag 01 receptacle for game or fish when he has g I reason to believe lie will thereby secure evidence of the violation of the law: and any n hindrance or interference or attempt at resistance, hindrance or interference with inch search and examination shall be prima facie evidence of a violation of the law part} or [mrties who resist, hinder or interfere with or attempl to i hinder or interfere with such search or examination. That said Game Warden shall at any a ii. 1 all times seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at a time, in a manner or for a purpoc m or under control, or have been shipped contrary to any of the laws of this Territory, and such seizure may be made without a warrant. Any court ha\ ing jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this Territory, shall issue a warrant and cause a search to be made in any place, and to that end may any building, enclosure or car to be entered, and any apartment, chest, 1><>\. rate, basket or package, to be broken open and the contents thereof examined by said Game and Fish Warden. All birds, animals or fish, or nets or _- appliances or apparatus seized by the same < lame and Fish Warden shall be -• d of in such manner as may be directed by the court before whom the offense 1 or by any court of competent jurisdiction. Said Game and Fish Warden shall not be liable for damages on account of any search, examination or seizure, or the destruction of any nets or fishing apparatus of any kind, in accordance with the pri'vi-i' >ns of this Act. Criminal process; Arrest; Sunday; Compensation: (3087) [Sec.] H>. Said and Fish Warden shall have the same power to serve criminal process ffs, and shall have the same right as sheriffs to require aid in executing such Said Warden may arrest without warrant any person caught by him m the art of violating any of the aforesaid laws for the protection or propagation of birds, r fish, and take such person forthwith before a justice of the peace, or other -rate having jurisdiction, who shall proceed without delay to bear, try and determine the matter, and the same proceedings shall be had a^ near as may be, as in other criminal matters triable before a justice of the peace, or other magistrate having jurisdiction. Such arrest may be made on Sunday, in which ease the person • d shall be .taken before a justice of the peace or other magistrate ha\ ing juris- diction and proceeded against as soon as may be, on a weekday following the arrest And that said ( lame Warden shall receive the same compensation for making arrests and serving of processes when acting under the game and fish laws of this Territory ll are allowed the sheriffs for performing a like service. County g-ame wardens; Deputies; Compensation: (3088) [Sec.] 20. That the Baid Game and Fish Warden shall have power to appoint a Deputy < tame and Fish Warden in each county in the Territory, to be known as the county game wanlen. who shall have the same power and authority herein provided for the < lame and Fish Warden himself, subject to the supervision and control of and the removal by the Game Warden. That the said county game warden shall also have power to appoint in each county, not to exceed five deputies, residents thereof, as deputy game and lish wardens, who shall have the same power in their respective counties as is herein provided for the Game and Fish Warden himself, subject to the supervision and 4358- \o. 28—07 16 228 GAME COMMISSIONS AND WARDENS. control of, and to be removed by the Territorial Game and Fish Warden, and shall receive- such compensation as provided in this Act for the serving of processes and making arrests and each other compensation as maybe provided for by the Gamd and Fish Warden of the Territory, but in no case shall the county or Territory be liable for any fees or compensation other than for the serving of process as herein provided. Any person who hinders or obstructs or interferes with or attempts to binder, obstruct or interfere with the said Game and Fish Warden, or any deputy or county warden in the discharge of his duties, shall be deemed guilty of a misdemeanor, * * * Costs; Warden's fees: (3089) [Sec] 21. In each prosecution before a justice of the peace for the violation of any of the provisions of this Act there shall be a fee of ten dollars taxed and collected as costs, and one-half of which shall be paid by the justice of the peace to the Game Warden of the Territory, and one-half to the county game warden of the county in which such prosecution is had, and for each prosecu- tion in the district court, there shall be a fee of twenty-five dollars taxed and col- lected as costs, one-half of which shall be paid by the district clerk to the dame Warden of the Territory and one-half to the county game warden of the county in which such prosecution is had. Prima facie evidence: (3073) [Sec] 5. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or at a time prohibited by the laws of this Territory, shall be prima facie evidence that it was killed in this Territory, to disprove which it shall be necessary to show by the testi- mony of the party who actually caught, took or killed the same, that it was killed outside of this Territory. Whenever it shall appear that any bird, game or fish of a kind, the killing of which is at any time or at all times prohibited by the laws of this Territory, was caught, taken or killed outside of this Territory, it shall be prima facie evidence that such bird, game or fish was caught, taken or killed at a time, in a manner and for a purpose prohibited by the laws of the Territory, State or country where it was caught, taken or killed, and was shipped out of said Territory, State or country in violation of the laws thereof, to disprove which it shall be necessary to show by direct and positive evidence that it was killed at a time, in a manner and for a purpose permitted by the laws of the Territory, State or country where the .same was killed, and that its shipment out of said Territory, State or country was not forbidden by the laws thereof. County and township officers; Costs: (3082) [Sec] 1-4. For the more certain detection and punishment of the violators of this Act, it is hereby made the duty of all county and township officers, when any violation of the provisions of this Act is brought to their knowledge, to file an affidavit before some court or magistrate having jurisdiction of such cases information and belief charging the person or persons with the offense committed, and upon the filing of such affidavit, a warrant shall issue for the arrest of said person or persons to be tried for misdemeanor as provided by the criminal laws of the Territory of Oklahoma, except that it shall not be neces- sary for the county attorney to recommend that a warrant issue and any person making complaint shall not be liable for costs: Provided, That no bond shall be required for costs from any persons making such complaint. And any person vio- lating the provisions of, or the duties imposed by this section, shall be deemed guilty of a misdemeanor, * * * Common carriers: (3083) [Sec] 15. * * * And it is hereby made the duty of each and every county attorney in the Territory, upon information that any rail- road company, express company, or other common carrier has violated any of the provisions of this Act within their respective counties, to immediately institute suit therefor as in this Act provided. OKLAHOMA OREGON, 229 \{U)A. Ohmp. xv. p. ; Informers; Attoi [Prohibit* under penall r, antelope, prairie chicken, grouse, quail, wild turkey, dove, or in • j oiu'-liali ••! mu-Ii line .-hall go to the informer of said violation of said law, there shall !><• taxed a.- < "-i- in said of ten dollars, to go to t he coonty i iif\ prosecuting t lie same. Informers; Attorney 1 I Prohibita under penalty |H>rtaii<»n > i game and lards mentioned in sec. 1 ] and one-half of said fine shall the informer of said \ iolation of said law . and there shall be taxed c of fifty dollars to go t<> the county attorney prosecuting the BSJ Common carriers; Disposition of tine; Attorney's fee: Sec. 4. [Prohibita moil carriers from recei\ i tig or earn i t i _r the game and birds mentioned in sec. 1 . ] ad company, express company, or other common carrier, or private indi- i, who shall, through itself, himself, or it.- agent, servant or employe violate any provi.-ions of this section, shall forfeit and pay to the Territory of < >klahoi . iolation thereof, the sum of live hundred dollars, to go to the common school fund of said county, together with all costs >e collected cution as in civil costs, rch; Arrest: Sec. 5. It shall be the duty of the game warden, the deputy wardens, and all sheriffs, marshals, and constables of this Territory, whenever they are informed or believe that section three of thia act is being violated, to enter upon any premises, and to search any such premises or any box, or package of any kind, without warrant or process, and if any game i- found in any person'.- ; aai - it shall be their duty to seize said game and to arrest, without warrant, the i) in who-. - - n it is found, and to take said person immediately before the probate court of the county wherein said person is arrested. Approved March 18, 1903. OREGON. Bellinger and Cotton's Annotated Codes and Statutes, 1902, p. 717. Game warden; Bond; Compensation: [Sec.] 2051. The governor shall appoint le and forestry warden, who shall be a resident of this state, and w ho shall hold his office for the term of four years from the date of his appointment, and until ssor is appointed and qualified; and any vacancy occurring during said term he filled by the governor for the residue of the term: Provided, that the person holding the office of game and forestry warden of this state shall continue to hold said office for a period of four years from the date of his appointment, and until ss< >r is appointed and qualified. Before entering upon the duties of his office, - _ and forestry warden shall file with the secretary of state a bond, to be approved by the governor, in the sum of five thousand dollars, conditioned for the ful performance of his duties as prescribed in this act His compensation >hall le thousand two hundred dollar- per year, to be paid in monthly payments, and all be allowed for his actual traveling, office, and otherexpenses in the perform- •f his duties a sum not exceeding five hundred dollars per year. Special deputies; Compensanion: [Sec] 2052. [As amended by Laws 192.] Said State (tame and Fore-try Warden shall have power to appoint a number of special deputy game and forestry warden- a- he may deem Cameron p. Territory. 86 Pa< 230 GAME COMMISSIONS AND WARDENS. Bary, who shall hold office for such time as the state Game and Forestry Warded may designate, and who may be removed from office by said State Game and For- estry Warden at any time,, and their places filled in like manner as at the original appointment. Said special deputy game and forestry wardens shall perform their, duties at the direction of and subject to the supervision and control of said State (lame and Forestry Warden. Said special deputy game and forestry wardens shall each receive a p r diem compensation, to be fixed by the State Game and Forestry Warden, of not to exceed $2.00 per day for each day actually spent in the dischargee! their duties, and their actual expenses necessarily incurred when so employed: said compensation and expenses to he paid in like manner as that of the State Game and Forestry Warden, on the approval of itemized vouchers therefor, verified under oath and ceit i tied to 1 >y the State I >ame and Forestry Warden; providt d howu > > r, that the total amount certified to by the State Game and Forestry Warden for the compen-a- sation and expenses of all deputies whom he may appoint shall not exceed, in any one year, the total amount appropriated for the use of the State Game and Forestry Warden for such purposes for such year added to the amount of money derived from hunting licenses. Search; Prima facie evidence ; Disposition of game ; Jurisdiction: [Sec.] '2i)'y.\. It shall be the duty of the state game and forestry warden, under the direc- tion of the governor, to enforce the laws of the State of Oregon for the protec- tion of trout, game fish, game birds, game, wild fowl, song birds, and forests, and to bring or cause to be brought actions or proceedings in the name of the state to recover any and all fines and penalties, and to inflict punishments for violation of such laws. lie shall have power to search any person, and examine any boat, con- veyance, vehicle, game bag, game basket, game coat, or other receptacle for game or game fish, all cold storage rooms, packages or boxes held either for storage or ship- ment, which he has reason to believe contain evidence of the infraction of the laws of this state for the protection of wild fowl, trout, other game fish, game, game birds, song birds, and forests; and if upon diligent inquiry he can discover evidence suffi- cient in his judgment to secure the conviction of the alleged offenders, or shall have cause to believe that sufficient evidence exists to justify the same, he shall at once institute proceedings to punish the alleged offenders; and hindrance or interference with such search and examination shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere, or attempt to hinder or interfere, with such search and examination. Said game and forestry warden shall at any and all times seize and take possession of any and all game, wild fowl, game fish, game birds, song birds, or trout winch have been caught, taken, or killed at any time, in any manner or for any purpose, or had in possession or under control, which have been shipped contrary to any of the laws of this state. Such seizure may he made without warrants. Any court having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any game, wildfowl, game fish, game bird, song bird, or trout caught, taken, killed, had in possession, under control or shipped contrary to any of the laws of this state, shall issue a search warrant and cause a search to he made in any place, and to that end may cause any building, inclosure, car, boat, apartment, chest, box, crate, basket, or package, to be broken open and the contents thereof examined by said state game and forestry warden, or any deputy warden, sheriff, or constable. All trout, game fish, game. game birds, wild fowl, or song birds seized by said state game and forestry warden, or any of his deputies, shall be disposed of in such manner as may be directed by the court before whom the offense is tried, or by any court of competent jurisdiction. Justice's courts shall have concurrent jurisdiction of the offense defined in this act. Such actions or proceedings shall be commenced on the order of the state game and forestry warden in the name of the State of Oregon, by any district attorney in the district in which the offense shall be alleged to have been committed, and such ORKOON. 281 : - 1 1 ;t 1 1 I-.- prosecuted to . letet Iliiliat i- • !! in 1 1 » « - < < .11 1 1 1 \ w hen men I i uring, a discontinuance shall and forestn warden; hut in no case where such discontinuance shall • ■ Bail any • iwts be charged eable to the prosecution. Auditing accounts; Report: S» 2065 Ml salaries and ex p« under tin- provisions of this art shall be audited by the secretary entation of hills or accounts properly certified, and the paid secretary of -tat.- shall draw warrants in |iaymen1 thereof upon the state treasurer for the amounts specified h accounts. Tin* state game and forestry warden shall annually, on the first ,l:i\ of I >. rrinU-r. make a report to the governor of the operations of his department during the preceding \ ear. Arrest: Trial: S The said state game and forestry warden, or any of hi- deputies, or any sheriff, deputy sheriff, or constable may, without warrant, arrest any |ierson violating any of the laws of this state for the protection of trout, game fish, piine, game birds, wild fowl, songbirds, or forests, and take such per- nio re any court having jurisdiction of the offense, who shall proceed without delay to hear, try, and determine the matter, and enter judgment according to the ;at ions and proofs. Disposition of market hunting- license fees; Record; Report: [>i« . | 2044< lires nonresident market hunters to procure a license from state game and for- warden; fee $10.] All licenses issued hereunder shall be nontransferable and shall expire Decern l>er 31 of the year of issue, and all License fees collected by the game and forestry warden hereunder shall be by him paid into the general fond of the state treasury; and said warden shall keep a full record Of all licenc Inued, and shall report the same to the governor annually. Prima facie evidence: [Sec.] 2045. and proof of the possession of any aforesaid wild animals, wild fowl, or game birds at any time when it is unlaw- ful to take or kill the same, unless they be kept as in thissi ction provided [in parks, museums, as household pets or for scientific or breeding purposes], shall be prima evidence in any prosecution lor a violation of the provisions of this act that the . or persons, firm, company, or corporation in whose possession the same is found took, killed, destroyed, or had in possession the same in the county wherein me is found during a period when it was unlawful to take, kill, destroy, or have the same in possession: * * * Disposition of fines: [Sec.] 2050. All fines imposed and collected in money, as ded in this act, shall be paid into the treasury of the county in which such action-, or proceedings shall have been commenced, and the district attorney or treasurer of said county, upon the payment of any judgment, may satisfy the same ord as the attorney for the state. One half of all such money, exclusive of shall l>e paid t<» and belong to the informer, whether Buch informer be the sheriff, constable, city marshal, police officer, or other person other than the state game and for* stry warden, or any of the Bpecial deputy game and forestry wardens led for in this act, i who causes to be brought the action or proceeding in w hich such fine or penalty shall be recovered, and shall be paid to such person by the county treasurer within thirty days after the -ame shall be received by such irer, upon the certificate of the prosecuting attorney, justice of the peao judge who prosecuted or heard such action, that such action or proceeding was _:it or caused to be brought by such person, and that he is entitled to our half I fine: and the other one half of said fine shall be retained by the county treasurer, to be applied to the payment of the expenses of such suit, action, or pro- All money thus paid into the treasury of any county over and above the amount necessary to reimburse the county for any expense incurred by the county in such suit, action, or proceeding brought under the provisions of this act, shall be paid on or before the thirtieth day of December in each year into the state treasury, and become and be a part of the general fund. 232 GAME commissions AND WARDENS. Laws of 1903, p. 140. Peace officers: Sec. 1. That from and after the passageof this act the sheriffs and deputy sheriffs of the counties and constables of the various precincts and districts of the State of < >regon shall he and hereby are created ex officio fire, game, and iish wardens. Duties; Arrest; Trial; Sunday: Sec 2. It shall be the duty of said fire, game, and fish wardens to enforce all statutes of the state now in force, or that may here- after be enacted, for the protection of forests and timber lands from fire, and for the protection of game, game birds, game mammals, song and insectivorous birds, and fish, * * * and said sheriffs, deputy sheriffs, constables, or wardens shall have authority to arrest, without warrant, any person or persons caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game and food and game fish, and take such person or persons forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall pro- ceed without delay to hear, try, and determine the matter. Such arrests may also be made on Sunday, in which case the person or persons arrested shall be taken before the proper officer, and proceeded against as soon as may be on a week day following the arrest. Search: Seizure; Nonliability: Sec. 3. Said sheriffs, deputy sheriffs, constables, or wardens shall have power, without warrant, to search and examine any boat, con- veyance, vehicle, fish box, fish basket, game bag, or game coat, or other receptacle for game or fish, when they have good reason to believe that any of the laws for the protection of forests and timber lands, game and food fish, have been violated; and the said sheriffs, deputy sheriffs, constables, or wardens shall at any time seize and take possession of any and all birds, animals, or fish which have been caught, taken, or killed at any time in a manner or for a purpose, or had in possession or under control, have been shipped or about to be shipped, contrary to any of the laws m this state; * * * Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal, or fish, caught, taken, killed, had in possession, under control or shipped, or about to bl shipped, contrary to the law, shall issue a search warrant, and cause a search to be made in any place, and to that end may, after demand and refusal, cause any build- ing, inclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and the contents thereof examined by any said sheriff, deputy sheriff, constable, or warden. All birds, animals, or fish, or nets, oi fishing appliance or apparatus, seized by any sheriff, deputy sheriff, constable, or warden shall be disposed of in such manner as may be directed by the court before whom the offense is tried, and such sheriff, deputy sheriff, constable or warden shall not be liable for damages on account of any search, examination, or seizure, or the confiscation of any nets or fishing appliance or apparatus of any kind in accordance with the provisions of this act. Moiety of fines: Sec. 4. Any sheriff, deputy sheriff, constable, or warden, as informer or prosecutor, upon the arrest and prosecution of any offender to conviction under the provisions of this act, shall, in addition to the fees to which he may be entitled under existing laws, be entitled to receive one third of the- money collected as fines in such action. Jurisdiction; Returns of violations: Sec. 5. Each of the said sheriffs, deputy sheriffs, constables, or wardens shall, for the purpose of this act, have concurrent jurisdiction throughout his own proper county; and they shall in the first week in each term of the circuit court of their respective counties, make special returns to said court, under oath, of all violations occurring in their respective counties or districts, or which may come or be brought to their notice, of any of the provisions of any law now in force, or that may hereafter be enacted for the protection of the OBEGOB I'l \ n>\ i.\ \M \. ts and timh'»r lands, pune, and ii-li: and it shall be the dot) "i the jud court t-> see thai such returni are faithful!) made, and anj sheriff, deputy sheriff, constable, or warden wilfully neglecting or refusing to make such retui nse undei i of which he shall have persona] knov 1< which he shall have notice in writing by any citizen, giving the name of the offender, together with the names of the witm 11. deemed guilt ineanor, and upon conviction thereof shall be sentenced to pays fine oi .in imprisonment in the county jail of two months, both or eithi the discretion of tin- court. Approved February 19, 1903 Laws of 1905. (hap. 904, p. 336. Disposition of hunting' license fees; Fines: Si All moneys BOCol- for resident and nonresident hunting licenses] by the county clerk shall, at leasl once in every three months, be f< irwarded to and depi sited with tin- Btate Treasurer, and be placed to the credit oi the fund for the protection of game and game fish, and shall be used as authorized by law by the state Game and Forestry Warden, or such other officer or officers as may he vested with authority to enforce the lawa of this for the protection of game or game fish within the State. All fines collected Under the provisions of this act [establishing resident and nonresident licenses] shall aid to the State Treasurer, and shall be placed by him in said game protection fund and be used for the protection of game and game fish. Approved February 21, 1905. PENNSYLVANIA. Laws of 1895, No. 187, p. 273. Game commissioners; Compensation: Sec. 1. He it enacted, etc That the < lovernor of the Commonwealth is hereby authorized and required to appoint, sub- ject to the approval of the Senate. six competent citizens of this State to be and act is a Board of Game Commissioners, no two of whom shall he from the same Sena- torial district, [term :> years, no compensation] * * * Office; Meetings; Statistics; Reports: Sec. 2. The Board of Game Commis- sioners shall have an office in the Capitol, at Harrisburg, Pennsylvania, and shall hold meetings at such office on the first Thursday of January and July, and at such other times and places within the State as the commissioners shall appoint for the transaction of business. It shall he the duty of said board to protect and preserve .■.me, song and insectiverous birds and mammals of the State, and to enforce, by proper actions and proceedings, the laws of this Commonwealth relating to the It shall be the duty of said hoard to collect, classify and preserve all such Statistics, data ami information as. in their judgment, will tend to promote the objects of this act, to take charge of and keep all reports, hooks, papers and documents which shall, in the discharge of their duties hereunder, come into their possession or under their control. It shall be the duty of said hoard, on or before the first Monday in December of each year, to prepare and present to the Governor of this State an annual report showing what has been done by them during the current \eai-. the amount received by them and from what sources, and the amount expended by them and for what purposes, with such recommendations for legislative action, if any, as the said hoard may deem wise for the better accomplishment of this act. The Governor shall lay said reports heforethe legislatures convening next after their receipt. Game protectors; Chief protector; Bond : Sac. 3. The Board of Game Com- missioners shall have the power and authority to appoint ten (10) competent men whose powers and duties are hereinafter defined and who shall be known as game 234 GAME COMMISSIONS \SD WARDENS. protectors. The said board shall, from time to time, designate one of such protectors as chief protector who shall remain such during the pleasure of the board and who shall have the direction, supervision and control of the other protectors. The chief game protector shall be secretary to the Board of Game Commissioners and shall occupy as his permanenl headquarters the room assigned the Game Commissioners at the Capitol in Harrisburg. The Chief Protector shall give a bond to the Board of Game Commissioners with securities in the sum of one thousand dollars and each of the other protectors a bond with securities in the sum of five hundred dollars, conditioned for the faithful discharge of his duties, such bond to be approved by the commissioners. * * * Powers ; Record ; Report ; Compensation : Sec. 4. Game protectors so appointed shall hold office during the pleasure of the Board of Game Commissioners, which may summarily remove any of their number and appoint another in his place. The game protectors shall enforce all the game laws of the State and the provisions supplementary thereto, and shall have full power to execute all warrants and search warrants issued for the violation of the game laws, and to serve subpoenas issued for the examination, investigation or trial of all offenses against said laws; each pro- tector shall keep a record of his official acts, receipts and expenditures and at the close of each month make a summary of such record, with such statements in detail as shall be necessary for the information of his chief, and report the same to the chief protector under oath. The chief protector shall report to the Board of Commissioners any negligence or dereliction of duty or incompetency on the part of any of the pro- tectors, with the facts relating thereto, and he shall report monthly to said commis- sioners the operations of his department during the preceding month, and shall make such further reports as may be required by the Board of Commissioners: Provided, That no commissioner, protector or other officer authorized by this act shall claim or receive any compensation for his services or for expenses incurred in the discharge of his duties. Approved June 25, 1895. Laws of 1878, No. 160, p. 160. Prime facie evidence: Sec 33. In all cases of arrest made for the violation of each or any of the foregoing sections of this act [prohibiting use of big or swivel guns, hunting pheasants or grouse at night, and Sunday hunting «], the possession of the game, fishes, birds, animals, fowls, hets or other devices provided for, or so mentioned, shall be prime facie evidence of the violation of said act. Arrest; Disposition of fines; Limitation; Imprisonment: Sec 34. Any justice of the peace or alderman, upon information or complaint made before him, by the affidavit of one or more persons, of the violation of the provisions of this act by any person or persons, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer or warden, to cause such person or persons to be arrested and brought before said justice or alderman, who shall hear and determine the guilt or innocence of the person or persons so charged, and if con- victed of said offense or offenses, shall be sentenced to pay the fine or fines, penalty or penalties, attached to such violation, together with costs, one-half of which penal- ties shall go to the informer, and the remaining one-half shall be forthwith paid to the treasurer of the county in which the offense was committed; and it shall be the duty of said treasurer to distribute said fund so arising at the close of each year to the various school districts in said county, in proportion to the number of taxables in said districts: Provided, That said conviction shall be had within one year from the time of committing the offense: And provided further, That the defendant on 'Other sections of this act seem to be superseded by subsequent legislation. I ' I \ \ > \ I \ \ \ I \ . refusing to pay said penalt} -h.ill be committed to th<- common jail of the county period of not leas than one da j for each dollar of penalt} imposed, unless the defendant enters into recognizance with one or more sufficient to answer -aid complaint on ■ charge of m miademeanor, before the quartet I the i if tin- count) in which tin- offense is coi itted, which court, on conviction of the defendant of the offense charged, and failure to pa} the penaltj or penalties imposed b\ this act, together with coats, shall commit said defendant to the com- mon jail of the count} for a period of not lesstha le day for each dollar of penalty imposed. Arrest; Search; Jurisdiction: Sac. 36. \n\ judgeof the court of quarter see sions of the peace, or any alderman, justice of the peace, or police or other magis- eiving sufficient proof by affidavit, that any of the provisions of this art have been violated, by any person being temporarily within his jurisdiction, but not residing there permanently, or by any person whose name and residence were unknown, or by any permanent resident or citizen, is hereby authorized and required to issue his warrant for the arrest of such person, and to cause him to be committed or held to bail to answer the charge against him; and any such justice or magistrate, upon receiving proof or probable cause for believing in the concealment of any game or fish mentioned in this act during any of the periods prohibited, shall bis search warrant and cause Bearch to be made in any Ik. use, market, boat, car. vehicle or building; all courts of quarter sessions are hereby invested with juris- diction to try and dispose of all and any of the offenses against the provisions of this act occurring in the same county. Costs: Sec. 37. Whenever any officer or constable making complaint of the vio- lation of any of the provisions of this act shall fail to recover the penalty or penalties therein mentioned in any prosecution or suit commenced by him <>r them pursuanl t<> the foregoing sections of this act, the costs of suit incurred by him or them shall be a charge upon the propeT county, and shall be audited and allowed as other county charges are audited and allowed. Limitation: Sec. 39. All actions for violation of the provisions of this act, except where otherwise therein directed, shall be brought within one year from the time such violation was committed. Laws of 1897, No. 103, p. 123. Prima facie evidence: Sec. 8. [Possession of a ferret is prima facie evidence of intent to use it in hunting rabbits in violation of law.] Limitation; Proceedings; Disposition of penalties; Fund; Imprisonment: Sbc. 12. All actions for violation of any of the sections of the provisions of this act ■' shall he commenced within one year from the time BUCh violation was committed, and any magistrate, justice of the peace or alderman, upon information or complaint made before him by the affidavit of our or more persons of the violation of any of the provisions of this act by any person or persons, is hereby authorized and required to issue his warrant under his hand and seal directed to any constable, police officer, frame protector or game warden, to cause such person or persons to be arrested and brought before said magistrate, justice of the peace or alderman, who shall hear and determine the guilt or innocence of the person or persons so charged, and if convicted of said offense or offenses, said person or persons shall be sentenced t<» pay the tine Prohibiting killing deer in water- of stream-, ponds and lakes; export of all game: use of ferrets in hunting rabbits; taking name in any other manner than by shooting with a nun; setting or preparing any trap, snare, net. swivel gun. doer lick, pit-fall and turkey blind or pen for any game, or use of artificial light, battery or other deception; and destruction of nests and eggs of game birds. < »ther provisions of this act seem to he superseded by subsequent legislation. 236 «.\.MK COMMISSIONS AND WABDENS. or lines, penalty or penalties attached to such violation, together with costs, -one-half of which penalty shall go to the informer, and the remaining one-half shall be forth- with paid to the treasurer of the county in which the offense was committed; and it shall be the duty of the said treasurer at the end of each month to forward the fund so arising to the State Treasurer to be kept by the latter as a fund separate and apart for the use of the Board of (Tame Commissioners, and to be drawn out upon warrant signed by the president of the ( lame Commissioners and the Auditor General: Pro- vided, That any defendant on refusing to pay said penalty shall be committed to the common jail of the county for a period of not less than one day for each dollar of penalty imposed, unless that defendant enter into recognizance with one or more sufficient securities to answer said complaint on a charge of a misdemeanor before the quarter sessions of the peace of the county in which the offense is committed, which court, on conviction of the defendant of the offense charged and failure to pay the penalty imposed by this act, together with the costs, shall commit said defendant to the common jail of the county for a period of not less than one day for each dollar of penalty imposed. Approved June 4, 1897. Laws of 1899, No. 14, p. 17. Peace officers: Sec 1. * * * That from and after the passage of the act the constables of the various wards, boroughs and townships of the Commonwealth shall be ex-officio fire, game and fish wardens. Arrest; Trial; Sunday: Sec. 2. It shall be the duty of said fire, game and fish wardens to enforce all statutes of this State now in force, or that may hereafter be enacted, for the protection of forests and timber lands from fire, and for the protec- tion and propagation of game, game birds, game animals, song and insectivorous birds, and fish, and said constables or wardens shall have authority to arrest without warrant any person or persons caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game, and food and game fish, and take such person or persons forthwith before a justice of the peace or other magistrate having jurisdiction, who shall proceed without delay to hear, try and determine the matter. Such arrests may be also made on Sunday, in which case the person or persons arrested shall be taken before the proper officer, and proceeded against as soon as may be on a week day following the arrest. Search; Seizure; Disposition of seized game; Nonliability: Sec 3. Said con- stables or wardens shall have power without warrant to search and examine any boat, conveyance, vehicle, fish box, fish basket, game bag or game coat, or other receptacle for game or fish, when they have good reason to believe that any of the laws for the protection of forests and timber lands, game and fish, have been violated: and the said constables shall at any time seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at any time, in a manner or for a purpose, or had in possession or under control, have been shipped or are about to be shipped, contrary to any of the laws of this State. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believ- ing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control or shipped, or about to be shipped, contrary to law, shall issue a search warrant and cause a search to be made in any place, and to that end may. after demand and refusal, cause any building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, basket or package, to be broken open and the contents thereof examined by said constable. All birds, animals or fish, or nets, or fishing appliance, or apparatus, seized by any constable or warden, shall be disposed of in such manner as may be directed by the court before whom the offense is tried, and such constable or warden shall not be liable for damages on account of :in\ such search, examination or seiaure, "i the destruction of am netu or Antiing apparatus of an) kind in accordance \\ ii li the provisions ol thin i l" r conviction Sue. 4 Am constable or warden, upon the arrest and pros ecution of an) offender to conviction under the pro^ isions of this act, shall, in addi- tion to the ir<- i. > w 1 1 i.h 1 1«> may be eu titled under existing laws, be paid for hi- sen ices the Bum of ten dollars on ■ warrant drawn by the county commit the county treasurer, one-half of which shall be paid out of the treasury of the live county, ami the remaining half of said reward shall b • paid bj the State irer into the treasury of said county, out of moneys not otherwise appropriated, upon warrant from the Auditor General, but no such warrant shall be drawn until the respective county commissioners Bhall baveflrsl furnished, under oath, to the Auditor General, a written itemized statement of Btich expense, and until the same Is approved by tin- Auditoi < teneral: Pro ided, That no county Bhall l>" Liable to pay for tins purpose in any one year an am. >imt exceeding five hundred dollars. Jurisdiction; Special returns: Sbc. 5. Bach <>t" said constables or wardens shall, forthe purpose of this act, have concurrent jurisdiction throughout his own proper county; and they shall in the firsl week in each term of the courl of quarter sessions of their respective counties make special returns to said court, under oath, of all violations occurring in their respective townships, or which may come or be brought to their notice, of any of the provisions of any law now ill force, or that may hereafter be enacted, for the protection of forests and timber land-, game and Bah; and it shall be the duty of the judge of said court to see that such returns are faithfully made, and any constable or warden wilfully neglecting or refusing to make such return-, or to prosecute any offense under said laws of which he shall have .al knowledge, or of which he shall have notice in writing by any citizen. giving the name of the offender together with the names of the witnesses, shall he guilty of a misdemeanor, and upon conviction thereof be sentenced to pay a tine of fifty dollars, or to undergo an imprisonment in the county jail of two months, both or either, at the discretion of the court. Approved March 22, L899. Laws of 1901, No. 173, p. 266. Arrest; Sunday: BBC. 1. Be it enacted, &C., That from and after the passag this act the game protector^ * * * shall have, in addition to the powers con- ferred upon them by said act [of 1895], the authority to arrest without warrant any l or persons found by them in the act of violating any of the laws of this Com- monwealth now in force, or that may hereafter he enacted for the protection of game, of Bong and of insectivorous birds, and take such person or persons forthwith before a justice of the peace or other magistrate having jurisdiction, w ho .-hall proceed with- out delay to hear, try and determine the matter: such arrest may also he made on Sunday, in which case the person or persons, bo arrested, for safe keeping may he committed to the jail f<»r that day. l>ut .-hall he taken before the proper magistrate and proceeded against as - i as may be on a week day following the arrest. Search; Seizure; Disposition of goods seized; Nonliability: Sbc. 2. Said game protectors shall have power, without warrant, to search and examine any boat, conveyance, vehicle, game-bag, game-COat, or other receptacle for game, when they have good cause to believe that any of the laws of this Commonwealth for the pro- tection of game, of Bong or of insectivorous birds, have been violated; and the said game protectors shall, at any and all times, have the right to seize and take possession of any and all hirds or animals which have been caught, taken i »r killed, at any time. in a manner or for a purpose, or had in possession or under control, have been shipped or about to be shipped, contrary to any of the laws of this ( lommonwealth. Any court having jurisdiction of the offense, upon receiving proof of the probable 238 GAME COMMISSIONS AND WARDENS. cause for believing in the concealment of any bird or animal caught, taken, killed, had in possession, under control, shipped or about to be shipped, contrary to any law of this Commonwealth, shall issue a search warrant, and cause a search to be made in any place; and to that end may, after demand and refusal, cause any build- ing, enclosure or car to be entered, and any apartment, chest, locker, box, trunk, • rate, basket, bag or package, to be broken open and the contents thereof to be examined by said protector. All birds or animals; classed as game, found therein in violation of law, shall lie seized by the protector making the search, who shall, as soon as may be thereafter, forward said game to the nearest hospital, for the use of the sick or injured therein; the bodies or parts of bodies of all song or insectivorous birds, so taken, shall, unless needed for evidence, be destroyed; all guns, gunning appliances, shooting apparatus, trap or gunning apparel, found in said receptacle or receptacles, where the search warrant is issued against a non-resident, shall be seized by said protector, and held, subject to the payment of the maximum penalty attached by law to the offense charged, and the costs of prosecution; said goods to be sold at public auction, after the lapse of twenty days from the date of seizure, and failure of the reputed owner to appear and defend himself against the charges preferred; and such game protector or protectors shall not be liable for damages on account of any arrest, search, examination, seizure or sale, made in accordance with the provisions of this act. Obtaining- evidence; Disposition of game thus used: Sec. 3. Any of the game protectors of this State shall have the right for the purpose of securing evidence wherewith to convict of violations of the game law, to purchase or sell game, the purchase or sale of which is otherwise forbidden, and shall not be liable to any of the fines or penalties imposed by law for the purchase or sale of game. All game remaining in the hands of a protector, after the purpose for which it was procured shall have been accomplished, shall be forwarded to the nearest hospital for the use of the sick or injured therein. Resisting officers; Aid for officers: Sec. 4. Any person or persons interfering with anv of the game protectors of this Commonwealth in the discharge of their duties, or resisting arrest, shall be liable to a penalty of one hundred dollars, or be imprisoned in the county jail for a period of one day for each dollar of penalty imposed. Any game protector is hereby authorized to call to his aid any citizen or citizens of this Commonwealth, for assistance as needed in making an arrest. Compensation: Sec. 5. That the game protectors, so appointed, shall receive salary or pay per day, as may be agreed upon by the Game Commission, with expenses not to exceed two dollars per day outside of traveling expenses; said expense account to be itemized and presented under oath. * * * Provided, That the combined expense accountof the Game Commission shall not exceed the amount set apart by law to their use. Approved May 21, 1901. Laws of 1901, No. 308, p. 612. Trespass: Sec 1. Be it enacted, &c., That on and after the passage of this act, any person or persons trespassing on any cultivated lands in this Commonwealth, for the purpose of hunting and trapping and taking therefrom any game birds or game animals, after public notice by the owner, lessee or occupant thereof, such notice to be posted on, and adjacent to such cultivated lands, shall be guilty of wil- ful trespass, and in addition to the damages recoverable by law shall be liable to the owner, lessee, or occupant in a penalty not exceeding five dollars for each and every such offense. Arrest; Trial: Sec 2. Any justice of the peace or alderman, upon information or complaint made before him, by affidavit, of the violation of the provisions of this act p] NNSY1 \ w I \. ithorized an. I directed i under hi- hand and -«ak directed t«> :m\ constable or warden "i tin- count) such person or persons to be arrested and brought before laid Justin ir ho shall hear and determine tin- guilt or innocence of tin- |*crsori i:i.l if convicted of such wilful trespass, shall be sentenced, bj such j or alderman to pa) a penalty, not exceeding live doll • such penalty shall be paid t.» the owner, ecu pant of s lid land and the remaining half to the school district of the city, borough or township wherein Mich offense was committed; and it" the person or persons, so convicted and i. shall neglect or refuse i<» pay Buch penalty and costs, or secure the paj i thereof within ten days, he or they Bhall be committed t<> the common jail of the proper county for n |>criod not exceeding three months. Appeal: ."•. If am |>erson 01 } convicted and sentenced under the pro- visions t. shall feel a-_ r u r rie ved thereby, he or they may appeal to the court of quarter I the peace for tin- county in which the offense was committed, by entering into recognizance, with sun-tic- to he approved by tin- justice or alder- man, to app«ar before said court; which court shall hear the evidence and determine the guilt or innocence of tin- person or persons so charged, and on conviction of the defendant or defendants charged and a failure to pay such penalty and cost- imp. eed by tin- act, shall commit said defendant <>r defendants to the common jail of the county, for a period not exceeding three months. Approved July :». 1901. Laws of 1903. No. 121, p. 163. Deputy game protector; Compensation; Bond: Six. 1. Be it enacted, Ac., That the Board of Game Commissioners shall have the power and authority to appoint one competent man in each and every county of the( lommonwealth of Penn- sylvania, to he called and designated as a deputy game protector, who shall have the same power and perform the same duties as the present game protectors, authorized by law, now have and perform, and receive the same compensation that constables now receive for similar service: and shall, when appointed, give to the Board of Game Commissioners a bond in the sum of three hundred dollars, conditioned for the faithful discharge of his duty: such bond to he approved by the said Commis- sioners. Approved April 11. 1903. Laws of 1903, No. 136, p. 178. Production of license: Disposition of license fees: Sk< . 1. [Under tl requiring nonresidents ami unnaturalized foreign horn resident to procure a $10 license before hunting in the State license must he exhibited upon demand of any game warden, protector or constable; one-half the fee is to be retained by the county treasurer for use of the county the other half t<> he forwarded by him to the State Treasurer for use of tin- Board of < laine ( lommissioners.] Prima facie evidence; Penalty; Imprisonment: S» . 2. Possession of a gun in the tields or in the forest- or on the waters of this Commonwealth, by an unnaturalized, foreign-born resident or a non-resident of this Commonwealth, without having first 1 the license required by this act, shall he prima facie evidence of a violation of its provisions; and any person so offending shall be liable to a penalty of twenty- five dollars for each offense, or in default of the payment thereof, with the © sts ution, to suffer an imprisonment in the county jail for a period of one day for each dollar of penalty imposed, unless lie or they enter into good and sufficient recog- nizance to pay said penalty and costs within a period of ten days from the date of conviction, or enter into recognizance to answer said complaint, on a charge of mis- demeanor, before the court of quarter sessions of the peace of the county whet' 240 GAME COMMISSIONS \XI> WARDENS. offense is charged to have been committed; which court, on the conviction of the defendanl or defendants, and failure to pay the penalty or penalties imposed, with the cost of prosecution, shall commit the said defendant or defendants to the jail of the county for a period of one day for each dollar of penalty imposed. Seizure; Disposition of game, etc.: Sec. :>. All officers of the Commonwealth whose duty it is to protect the game of the Commonwealth, shall have power to seize all guns and shooting paraphernalia, and game in possession or belonging to the sus- pected parties, within the Commonwealth. The game, upon the conviction of the parties so arrested, shall be forfeited to the State, and forwarded by said officer to the most convenient public hospital, for the use of the sick or injured therein; and the guns and shooting paraphernalia held, subject to the payment of the penalty or .penalties imposed, with the costs of prosecution; and in the case of default of the pay- ment thereof for a period of five days from the date of conviction, unless appeal be taken, to advertise the same by public handbill, not less than five in number, con- spicuously displayed in the borough or township where the conviction was secured, and after the lapse of ten days from the date of advertisement, to sell said guns and paraphernalia at public auction. The fund thus realized shall be applied, first, to the payment of costs incurred, then to the payment of the penalty imposed, and the remainder, if any, shall be returned to the owner or owners of the property so seized and sold; Provided, That the fact that imprisonment is suffered by any person con- victed of violating the provisions of this act, shall not prevent the sale of all guns and hunting paraphernalia so seized, and the application of the fund thus realized to the purposes before mentioned. Approved April 14, 190M. Laws of 1903, No. 155, p. 213. Costs: Sec. 1. Be it enacted, ccc, That from and after the passage of this act, whenever any officer of this Commonwealth, whose duty it is by the laws of this State to protect our game, our song or our insectiverous birds, shall, in good faith, bring suit for violation of any of the laws relative to these subjects, and for any legal cause shall fail to recover the costs of record, the same shall be a charge upon the proper county, and shall be audited and paid as costs of like character in said county. Approved April 16, 1903. Laws of 1905, No. 143, p. 201. Special deputies; Compensation: Sec. 1. Be it enacted, &c, That from and after the passage of this act, the Board of Game Commissioners of this Commonwealth shall be empowered to appoint, at their discretion, competent men throughout the Commonwealth, to be known as special deputy game protectors, who in all ways shall possess the rights and powers now given by law to game protectors, and be subject to all requirements and regulations, either of the law or of rules of the Board of Game Commissioners, controlling the action of such game protectors in this Com- monwealth: Provided, Such special deputy game protectors shall in no way be entitled to recompense from either the county or Commonwealth for services rendered or expenses incurred in the performance of their duties. Approved April 18, 1905. Laws of 1905, No. 180, p. 248. An Act to provide for the protection and preservation of game, game quadrupeds and game birds, and song and insectivorous and other wild birds, and prescribing penalties for violation of its several provisions. Killing dogs: Sec 9. Any dog pursuing or following upon the track of a deer or fawn, within this Commonwealth, is hereby declared to be a public nuisance. Such • leg may be killed by any person when seen pursuing or following upon the track PENNSYLVANIA. "J 11 Of a deer or fawn in this Common wealth , 01 e»warden Beer of th< vhtwe doty it is to protect an) of the game of the State, upon affidavit being made b) one or more persons acquainted with the fa I an officer authorized to administer that said dog [is] in tin- habit of, or has been wen or heard running upon the track of or pursuing anj deer or Eawn in thia C monwealth, within ■ period of one i'r..!n t hi- date of such affidavit • • • : Forfeiture of guna, etc: Sic. 11. No person shall hunter capture or kill in this Commonwealth any deer or fawn, wild-turkey; ruff< commonly called pheasant; quail, commonly called Virginia partridge, or woodcock, for wages or hire, or valuable consideration of any description w h either directly or indirectl) ; and each day thus employed shall constitute :i separate offense. Each and every person who shall offend against any provision of this section shall Ik- liable, upon conviction, to a penalty of twenty-five dolli rs for each offense, and forfeit all guns and shooting paraphernalia used by him in the commission of Buch offense, as hereinafter provided. Forfeiture of boats, etc.; Disposition of proceeds: Sac. 17. All guns, shooting paraphernalia, «>r other contrivances or devio whatsoever description, used by any person or persona * * * in violation of any of tin- provisions of the game laws of this Commonwealth, shall, unless the fine imposed and costs be paid, be forfeited to the Board of Game Commissioners, who shall destroy or sell the same, at their pleasure, and apply the fund thus arising to the purposes of their appointment. Prima facie evidence: Si:<\ 20. * * * The possession of the body or skin, or any j>art thereof, of either a game-quadruped or a game bird, at any time except during the open Beason for Mich game in this State, and fifteen days thereafter, shall in every instance be prima facie evidence that the same is held or possessed in viola- tion of law. Summarv convictions; Disposition of fines; Limitation of prosecution: 23. [As amended by Laws of 1907, No. »»:;.] Each and every magistrate, alderman, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the pro- visions of this act; and all actions for violation- of any of .-aid provisions, excepting where the defendant is taken in the act or in a pursuit immediately following said act. shall be commenced by affidavit made within one year of the time of the com- mission of such offense. Each and every magistrate, alderman, or justice of the . on complaint made before him. by tin' affidavit of any person, of a violation of any of the provisions of this act by any person, i- hereby authorized and required to issue liis warrant, under his hand and seal, directed to any constable, police officer, game protector, deputy game protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State, and to cause such person to he brought before him. the Baid magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guilt <>r innocence of the l charged. If the accused be convicted of Buch offense, he shall be sentenced to pay the penalty prescribed by tin- Bection violated, together with the costs of suit. All penalties collected in cases where the prosecutor is a game protector shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn shall, as soon as maybe, either deliver or forward such amount to the Secretary of the Game Commission, who shall deposit the same in the State Treasury, for the the Commonwealth. "Where any other than a game protector is the pn tor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving same, and the remaining one-half of Buch penalty shall be forwarded by such court to the county treasurer of the county in 242 GAME COMMISSIONS AND WARDENS. which the offense was committed, together with a statement of the cause for which said money was collected. It shall be the duty of each county treasurer to keep a record of the cause for which said money was collected, and to forward the same, at least once a month, to the State Treasurer, for the use of the Commonwealth. Any defendant refusing to pay the penalty imposed, together with the costs of prosecu- tion, shall be committed to the common jail of the county, for a period of one day for each dollar of penalty imposed, unless he shall enter into good and sufficient recognizance, with one or more sureties, to answer such complaint, on a charge of misdemeanor, before the court of quarter sessions of the peace in and for the county in which the offense was committed; which said court, on the conviction of the defendant of such offense, and upon his failure to pay the penalty imposed, together with the costs of prosecution, shall commit such defendant to the common jail of the county, for a period of one day for each dollar of penalty imposed: Provided, that any person charged with a violation of any provision of this act may, at his dis- cretion, sign an acknowledgment of the offense committed, and pay to the duly authorized and sw T orn game protector or deputy game protector the penalty in full, as fixed by the section violated, with costs to that date; and the printed receipt which he shall receive therefor, and which in all instances shall bear the imprint of the seal of the Board of Game Commissioners and the signature of its secretary, shall be evidence of a full satisfaction of the offense committed. Approved April 22, 1905. Laws of 1905, No. 227, p. 361. An Act creating a Department of State Police and providing for appointment of officers and men. Local officers: Sec. 5. The various members of the Police Force are hereby authorized and empowered to make arrests, without warrant, for all violations of the law which they may witness, and to serve and execute warrants issued by the proper local authorities. They are also authorized and empowered to act as forest, fire, game and fish wardens; and, in general, to have the powers and prerogatives con- ferred by law upon members of the police force of cities of the first class, or upon constables of the Commonwealth. Approved May 2, 1905. Laws of 1907, No. 57. Wild fowl; Forfeiture of guns, etc.: Sec. 2. [Prohibits use of any craft pro- pelled by any means other than oars, poles, or hand paddles in hunting wild water fowl]. Each and every person who shall violate any provision of this section shall be liable to a penalty of fifty dollars per day for each day on which any forbidden craft or boat may be used to hunt or pursue wild water-fowl, and ten dollars for each other contrivance or device set, placed, or carried contrary to the provisions of law. All boats, decoys, guns, shooting paraphernalia, or other contrivances or devices of whatsoever description, used by any person or persons in violation of the provisions of the game laws of this Commonwealth, shall, unless the fine imposed and costs be paid, be forfeited to the Board of Game Commissioners, who shall destroy or sell the same at their pleasure, and apply the fund thus arising to the purposes of their appointment. Summary convictions; Disposition of fines; Limitation of prosecution: Sec 4. [Identical with sec. 23, No. 180, Laws of 1905. See p. 241.] RHODE ISLAND. 248 RHODE ISLAND. General Laws. iHltil. chap. 11: - > - 1' :; tion of fines; Limitation: Sec. 15, [As amended bj Laws ol 1900, chap. All tines recovered h\ virtue of this chapter Bhall enure one-half thereof i" : the state and one-half thereof t<> the use of the complainant, and all pro i therefor shall he commenced within ninety days after the commission of the ml not afterwards. Commissioners of birds; Compensation: Si:< . Id. [A- amended by Law- oi 1901, chap. 809 Hiere shall be five commissioners of birds, who Bhall serve with- out compensation. ■ ' * : At the January session of the general assembly in the \. I». 1902, and in each third year thereafter, the governor, with the advice onsent of the senate, shall appoint five persons to be commissioners of birds to inmissioners then in office; and the persons so appointed Bhall hold their offices until the first day of February in the third year after their appoint- ment. * * * Complaint; Search: Sec. 18. Whenever complaint is made on oath to any mag- authorized to issue warrants in criminal cases, that the complainant believee and has reasonable cause to believe thai the laws in relation to birds have been or eing violated in any building or place, such magistrate, if satisfied that then- i- lable cause for such belief, shall issue a search-warrant authorizing any officer, competent to serve a warrant, to search such building or place; bul uq Bearch shall ade after sunset, unless specially authorized by the magistrate upon satisfactory shown. Chap. 113, p. 383. OF FERRETS, WEASELS, SARES \M> GRAY SQUIRRELS. Disposition of fines: Sec. 1. [As amended in 1905. Provides a close season res, and gray squirrels from Jan. 1 to Nov. 1; a line of |20 for each animal, one-half of fine to be paid to complainant and one-half to state.] Arrest: Sec. 4. [Added by Law- of 1899, chap. 684.] It shall be the duty of the commissioners of birds and their deputies * * * to enforce the provisions of this chapter and to prosecute every person who shall violate the same. They shall have ■ to arrest, without warrant, every person whom they shall find pursuing with intent to kill, taking or killing, or having in his possession any undomesticated rabbit, hare or gray squirrel contrary to the provisionsof this chapter: Provided, that any per- arrested without warrant shall not be detained longer than twelve hours. Nonliability: Sec 5. Whenever complaint is made by said commissioner - either of them, or by their deputies of any violation of the provisions of this chapter, they shall not be required either by themselves or by their deputies to furnish surety or be liable for costs on such complaint. [It at • • : i<» encourage parent instruction to children on this subject; to stimulate a public sentiment (4t the dest ruction of wild animals, non-migratory fish, and wild birds and their cure the enactment and enforcement (if proper and necessary laws for the ction and preservation of the wild birds, non-migratory fish, and animals of the to provide fort lie naming of special officers and investing them with necessary r, who shall work under the direction and control o! the Audubon Society of Bouth Carolina, looking to the rigid enforcement of the present game, non-migratory ind bird protective laws and such other laws of like nature as are herein and may hereafter !•<• enacted; to distribute Literature bearing on these topics among the members of the Society and other persons; and to raise and provide funds for defraying the necessary expenses of the Society in the accomplishment of the purposes herein named. » rate offense; Prima facie evidence: B» I. and each bird or game animal bo killed [in the state] or taken or had in possess^ >n, received for trans- portation or transported, contrary to the provisions of this Act, shall constitute a ate offense. The reception by any person or corporation within this State of any such birds or game for shipment to a point beyond the limits of this state shall i idence that said birds or game were killed within the State for the purpose of conveying same beyond its limits; but the provisions of this Section shall not apply to common carriers into whose possession birds Or game shall come in the regular course of their business for transportation while they are in transit through State from any place without the State: * * * Game protection fund; Production of license: Sec. 3. The Clerks of the Courts shall keep a record of each license [non-resident and alien] issued, in a hook furnished by the Audubon Society, and shall make a report to the Audubon ty on the first day of December of each year, and at the close of the hunting d in their respective ( bounties, on forms provided by said Audubon Society, and shall transmit at the same time all money receive d for each license to the Treasurer of the State to constitutea fund known as the tl i rame Protection Fund," which shall id out upon the order and vouchers of the Treasurer of the Audubon Society, who shall make an annual report to the Governor of South Carolina, showing the receipts and expenditures of the Society for the year. Every non-resident or alien person shall carry with him his license, and shall upon demand exhibit it to any warden or police officer, and a refusal to so exhibit his license shall constitute an Offense under this Section. The record of licenses kept by the Clerk- of the Courts shall be open at all reasonable hours to the inspection of any person. Each day that iny non-resident or alien shall hunt within the State of South Carolina without having procured the required license shall constitute a separate offense. Treasurer; Game wardens: Sec. 10. The Governor of the State shall, upon the _>• of this Act, upon the recommendation of the Audubon Society of South ( laro- lina, appoint from time to time bird, non-migratory fish, and game warden-, and a Treasurer of the Audubon Society, whose terms of office, unless otherwise provided lor, shall be during good behavior or until their successors are appointed. The < rov- Irnor shall issue a commission to the Treasurer of the Audubon Society and to each a appointed as a warden, and shall transmit su.-h commission to the office of tiie Clerk of the Court for the County in which the prospective Treasurer or bird, non-migratory fish and game warden is a resident. No tax or fee shall be charged Or collected for said commission. Any of the said wardens may be removed by the Governor upon proof satisfactory to him that they are not tit persons for said posi- tions. The compensation of said wardens shall be fixed and paid by the Audubon Society. 246 GAME COMMISSIONS AND WARDENS. Search.; Seizure; Prosecutions; Fines: Sec. 11. A duly commissioned bird and game warden is authorized upon making an affidavit before a Magistrate or in anv Court of the State, that there exists reasonable grounds to believe that birds or game are in possession of a common carrier in violation of the law, is authorized to procure a search warrant and to open and enter and examine all cars, warehouses and recep- tacles of common carriers in the State, where they have reason to believe any game, taken of held in violation of this Act. is to be found and seize the same. It shall be the duty or said bird and game warden- to prosecute all persons or corporations hav- ing in their possession any birds, non-migratory fish, or game contrary to the bird, fish and game laws of this State. It shall be their duty to see that the bird, non- migratory fish and game laws are enforced and to obtain information as to all viola- tions of the said bird, non-migratory fish and game laws. All monies obtained from fines or forfeitures shall be deposited with the State Treasurer to the credit of the "Game Protection Fund.*' Disposition of seized game: Sec. 12. Any bird, non-nligratory fish or animal caught, taken or killed, shipped, or received for shipment, had in possession or under control by any person or corporation contrary to the provisions of law, which may come into the possession of the bird and game wardens, shall be sold at auction within the State, and the bird and game warden disposing of the same shall issue a certificate to the purchaser certifying that the .-aid birds, non-migratory fish or animals were legally obtained and possessed, and anyone so acquiring said birds, non-migratory fish or animals within this State can have the right to use them as if same had been sold, killed or possessed in accordance with the laws of this State. The money received from the sale of such confiscated birds, non-migratory fish or game shall be forwarded by the game warden to the Treasurer of the State and be placed to the account of the "Game Protection Fund." Wardens; Oath; Bond; Powers: Sec. 13. Every warden appointed shall before entering upon the duties of his office take and subscribe before the Clerk of the County of which he is a resident, an oath to perform the duties of said office, together with the oath prescribed for police officers, and shall execute a bond in the sum of one hundred dollars for the faithful discharge of his duties, and the said oath and bond shall be recorded by the Clerk in his office, and the warden so qualified shall possess and exercise all the powers and authority held and exercised by the Constable at common law and under the Statutes of this State. The Clerk shall not charge more than fifty cents for taking and recording said oath. The bird and game wardens when acting in their official capacity shall wear in plain view a metallic shield with the words "Bird and Game Warden" inscribed thereon. Reports: Sec. 14. The bird and game wardens when appointed and qualified shall work and be under the control and direction of the Audubon Society of South Caro- lina, and .-hall make reports in writing to the Society as it may require. Approved Feb. 19, 1907. Code of Laws 1902, vol. 2, p. 411. Disposition of fines: Sec. 540. [Prescribes season when deer may be killed and imposes penalty for violation,] one-half thereof shall go to the informer, and the other half thereof to the use of the said county. Jurisdiction; Disposition of fines; Conviction: Sec. 544. All of the penalties and forfeitures mentioned in the preceding Section [prohibiting fire hunting at night] shall and may be recovered before any Magistrate in the County where any of the said offenses shall be committed, and when received shall be divided and paid one- half to and for the use of the poor of the County where the offense shall be commit- ted and the other half to the person who will inform for the same; and the oath of one credible witness, or the confession of the party accused, shall be allowed as suf- SOUTH CAROLINA, •_' I , Helen t evidence to mnvict the offender bj everj Magistrate before whom informa shall !'<• 1 1 1 : i • 1 «•>('. i ii \ of the offense* aforesaid: Provided, That where the owneri \ lands shall prosecute for anj anlawfnl hunting and ranging on In- or hei lands, the oath of mich owner shall be sufficient evidence to convict the offender; I mt in that ease the whole penalt) Bhall go to the use of the j r of the < lounty. Acts of 1903. No. 7. r ), p. L16. Prima facie evidence: 9 i l. [Amending anact amending sec. 48), vol. 2, Revised Statutes, 1893.] * * That the handling, possession, control or ownership of any partridge or quail, sold <>v offered for sale, or Bhipped or exported, Bhall be prima ■ videnee of a \ iolation of this Section [ prohibiting sale and export of quail, deer, and wild turkey for five years, ] and the burden of proof Bhall be upon anj persons >.. handling, possessing, controlling or owning any such partridge or quail to show that such partridge or quail was imported from another State or Territory. Acts of 1905, No. 489, p. 963. County game warden: Sec. 1. H> it enacted by the General Assembly of the State of South Carolina, That the* rovernor -hall, with the advice and consent of the Senate, appoint for each County a game warden, whose duty it shall be to see that the law for the protection of game, name birds and insectivorous birds shall be strictly enforced. Road and jury duty: Sec. 2. Thai said game warden Bhall be exempt from road and jury dut\ . Report: Sec. 3. Said warden -hall report to each term of the Court of General :is all violations of the law for the protection of game, game birds and insectiv- orous l»ir>l» and what has been done to punish the offenders. Approved March 7. 1905. Acts of 1905, No. 463, p. 933. An act to preserve game, fish, shell fish and terrapin in and on the public lands andwateroof the state, an•• credibly informed; and rach wardens and their depu- within their rospoi-tive counties, are authorized to arrest without warrant any •i found violating the provisions of -aid game law a when detected in the I (bund with the irame in their [xjssession at the time of their arrest, and to take the offending l>ofore any court having jurisdiction to try the offender, or to give immediate notice thereof to the state's attorney of the county in which the arrest ade, who shall forthwith make complaint or information against Buch offender, and prosecute the same. The fees therefor shall be the same as now provided by law for like Bervice in criminal actions. Disposition of fines: [Sex:.] 3066. [n all prosecution^ instituted in the manner set forth in this article the warden, deputy warden, or other officer instituting Buch ution shall be entitled to one-half of the penalty or fine when recovered, and the remainder of such penalty or fine Bhall go to the county game fund. Disposition of tines: [Sec.] 3066. Any person making complaint and furnish- ing evidence which shall lead to the prosecution and conviction of any offender under the provisions of the game laws, shall be entitled to one-half the 6 ■ penalty, when recovered in such prosecution, and the other half to go to the county game fund. Game fund: [Sec.] 3068. All costs thai shall be collected and all fines and penal- r shares thereof which shall be recovered and paid into the county treasury, and all moneys received for hunters' licenses, and the proceeds of any and all game, ind guns sold, shall be kept as a separate fund to be called a game fund, to be expended by the board of county commissioners toward the payment of expenses of game wardens which shall be incurred in the enforcement of the provision- of the game laws of this state. Witnesses; Exemption: [Sec.] 3069. In any prosecution or judicial proceeding kinder the provisions of any of the game laws of this state any person participating in or in any way accessory to any violation thereof, may testify as a witness against any other person violating the same, w ithout criminating himself by so doing, and noth- ing in the testimony which he shall so give, or in any admissions he shall make in relation thereto, as such witness Bhall at any time he used against him in any criminal proceedings against him for such violation. Search: [Sec.] 3070. Any court having jurisdiction of any of the offenses under this article, upon receiving proof by affidavit of probable cans*' for believing in the concealment of any game, the killing or taking of which is prohibited in this article, shall issue a search wan-ant and cause search to be made in any place therefor, and to that end the officer serving such warrant may cause any building, enclosure, or car named therein to be entered, and any apartment, chest, box, locker, crate, basket or package to be broken open and the contents thereof examined. Joining offenses: [Sec.] 3071. In prosecutions under game statutes of this state it shall be permissible in any indictment, information or complaint to join in one count or statement the several offenses, or any number of them which are named in any lection of such statutes, when not repugnant in their nature or penalty, and such count or statement shall be sustained by proof of any one of the offenders [offenses] charged. Game found; Seizure; Sale: [Sec.] 3072. No person shall at any time acquire or have any property in any game which has been taken, captured or killed, or had in — ion contrary to law, but the same shall be the property of the state, to be disposed of for the benefit of the fund to enforce the game laws, and any warden or his deputy may seize the same when found, and sell the same, together with any 250 GAME COMMISSIONS AND WARDENS. dogs or guns forfeited, and pay the proceeds of the sale to the county treasurer, to be placed in the game fund, and the possession of the officer so seizing the same, and that of any one who shall thereafter purchase the same, shall be deemed lawful. Resisting officer: [Sec.] 3074. Whoever shall resist or obstruct any officer by force, threat, or otherwise in the discharge of his duties under this article shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars, nor more than fifty dollars for such offense. Limitation: [Sec] 3075. All prosecutions under this article shall be commenced within one year from the time the offense was committed. Jurisdiction; Prosecutions; Costs; Imprisonment: [Sec] 3076. All justices of the peace and police justices within their jurisdiction shall have concurrent jurisdic- tion with the circuit court to try and determine all offenses arising under the pro- visions of this article and of all the law r s of this state for the protection of game. All prosecutions shall be in the name of the state and shall be instituted and prosecuted in accordance with the provisions of the law for criminal procedure in the courts where the prosecution is had. In all convictions the costs of the prosecution shall 1 >e taxed against the defendants as in other criminal cases and the court shall order as a part of the judgment that the defendant shall stand committed to jail until the fine and costs shall be paid. Provided, the term of imprisonment shall not exceed thirty days in any one case. Political Code, Art. 24, p. 558. [Big game.] County warden; Salary: [Sec] 3077. [As amended by Laws of 1905, chap. 116.] On petition therefor, signed by not less than ten citizens of any county of the state where large game exists, the governor may in his discretion appoint a suitable person as game warden for such county, whose jurisdiction shall extend to any county in the state, who shall hold such position until a successor is appointed by law. The appointment of a successor shall operate as a termination of the term of office of any one previously appointed warden. Such game warden shall receive a salary of seventy-five ($75) dollars per month, which shall be paid from thegame fund of the county. But in no case shall such salary be a charge upon or obligation of the county or state. Bond: [Sec] 3078. [Requires warden to give $500 bond and take oath of office.] Powers; Duties; Information; Arrest; Seizure: [Sec] 3079. [As amended by Laws of 1905, chap. 116.] The game warden shall at all times personally supervise the protection and preservation of the large game hereinafter mentioned [buffalo, elk, deer, mountain sheep], within the state, and shall make information before a justice of the peace or other proper officer against offending person, persons or cor- poration, of any violation of the provisions of this article, of w T hich he has, or may receive creditable [sic] knowledge. He shall be an executive officer, and is hereby authorized and it is made his duty to arrest, without a warrant, any person or per- sons, found violating any of the provisions of this article, when detected in the act of such violation. When any arrest is made for the violation of any of the provisions of this article, it is the duty of the officer making such arrest to receive and take into his custody any carcass or parts of a carcass of any game in this article mentioned, found in the possession of such person or corporation at the time of such arrest, and at the same time to seize and take into his custody any gun or guns found in the pos- Besa ion of such person or corporation. The game warden shall at all times when possible, during the months of September, October, November and December, take the field in person in the performance of his duties. Liability: [Sec] 3080. Whenever the attention of any game warden is called to a violation of any of the provisions of this article within his county, or whenever SOUTH DAKOTA. 251 ame warden -hall ha\ e [>ereonal knowledge of an} such violation, and he shall tail t" take proper steps for the arrest and conviction of any person, persona 01 tion ho violating, tie shall be deemed guilty of a tnisden Deputies; Oompenaation; Liability; Oath: 3»a] 3081. The game warden ihall appoint deputy game wardens for his county, whenever ; to provide - a- hereinafter provided, or when otherwise aecessarj Buch deputies shall be m- <>f the count) for which they are appointed. Such deputies shall re ated compensation, but it shall be their duty to immediately report to the n any violation of the provisions of this article of which t hey have knowledge. Failure so t«» do is a misdemeanor and shall subject the delinquent deput) to a tint- of not more than twenty-five dollars upon conviction. Such appointments may oked by the warden at any time. Prima facie; Evidence: [Sec.] 3088. [As amended by Laws of 1906, chap. * * * The possession of the carcasses, skins, heads or antlers of such animals, in w of the numtier as herein provided [1 elk, I buffalo, 2 deer, 1 mountain sheep In one year], shall be considered prima facie evidence of the violation of the pro- visions of this section, except when in the possession of an operating taxidermist iffing <>r mounting. Production of license; Search: [Sac.] 3090. It shall be the duty of all persons holding licenses to produce the same when demanded by any game warden, deputy game warden, sheriff, deputy sheriff or constable. The game warden or any of his deputies are hereby authorized to make, within his or their county, reasonable examination of any tent, wagon, or other plain' where hunters might conceal game, or hunter's equipment, where reasonable suspicion exists that the game law is being violated. Disposition of fees and fines: [Sec] 3093. All money- received from licenses or from fines shall be paid to the county treasurer of the comity wherein the same eived and by him placed in the game fund of the county. Peace officers; Arrest; Search: [Sec.] 3094. Any sheriff, deputy sheriff or constable is hereby authorized to make arrests for violation of any of the provisions of this article, and without a warrant, whenever such violation occurs within Bight of such officer, and they are hereby authorized to make search when' suspicion exists that this law is being violated, as in section 3090 provided for game wardens and deputy game wardens. Confiscation; Sale: [Sec.] 3095. * * * Upon conviction [for violation of ime laws] the gun or guns, carcass or carcasses, seized at the time of the arrest Of such person so convicted shall be forfeited, and the court before whom such con- viction is had may, upon due proof, adjudge the same to be forfeited and order the same to be sold at public or private sale, and the proceeds of such sale shall be paid to the county treasurer and by him placed in the game fund of the county. Jurisdiction: [Sec.] 3096. Justices of the peace of the state shall have jurisdic- tion of all offenses against this article in their respective counties. Separate offense: [Sec.] 3097. [Each act of hunting without license or in close o is a separate offense.] Political Code, Art. 25, p. 563. County wardens; Deputies: [Sec.] 3104. [t shall be the duty of the governor of this state on or before the first day of March in each and every year, to appoint one person in each of the organized counties of this state as a fish warden, who shall hold such office for the period of one year, or until his successor is appointed and qualified. That the fish warden so appointed shall appoint not to exceed ten per- Bons who are residents of his county, as his deputies, each of said deputies having the same power and authority as vested by this article in said fish warden. GAME COMMISSIONS AND WARDENS. TENNESSEE. " Acts of 1905, chap. 455, p. 954. State warden: Sec. 1. * * * That the Department of Game, Fish, and For- estry be, and the same is hereby, created as one of the departments of the State, and that the Governor shall on the passage of this Act appoint and commission a citizen of Tennessee as State Warden of game, fish, and forestry, and octennially thereafter, who shall serve without salary. County and special wardens: Sec. 2. That said State Warden of game, fish, and forestrv shall be authorized and empowered to appoint and commission in each county of the State a citizen of said county as County Warden of game, fish, and forestry, and to further appoint special Wardens for the State at large as in his judg- ment the necessity for such appointment may arise. Deputy wardens: Sec 3. That the County Wardens of game, fish, and forestry are authorized and empowered to appoint deputies in such number as in their judg- ment the requirements in their respective counties may demand. Bond; Oath of office: Sec. 4. That the State, County, [and] Special Wardens shall each give bond in the sum of five hundred dollars, and the Deputy Wardens in the sum of two hundred and fifty dollars each, for the faithful performance of their respect- ive duties, said bonds to be filed in the Department of Game, Fish, and Forestry. All Wardens shall, on appointment, take the oath prescribed for public officers. Removal of wardens: Sec 5. That the State Warden may appoint a secretary to conduct the correspondence and detail work of his department, but the salary or compensation of said Secretary shall be paid by the State Warden. When any charge or charges are preferred against any County, Special, or Deputy Warden fur malfeasance, misfeasance, or nonfeasance in office, or for any other reason which in the judgment of the State Warden is sufficient, he shall investigate the case and may remove said Warden at pleasure and appoint, or cause to be appointed, another in his stead. Any Warden who shall act, or assume to act, after notice of such removal, shall forfeit his bond. Duties; Compensation: Sec 6. That all Wardens appointed under this Act are hereby constituted conservators of the peace, and it shall be their right, power, and duty to enforce all provisions of Chapter 169, Acts 1903, known as the "General Game Law;" Chapter 118, Acts 1903, known as "An Act to protect nongame birds; " Chapter 91, Acts 1901, known as the "Written Permission Law;" Chapter 121, Acts 1901, known as the law prohibiting the shipment of quail, and all other laws for the protection of the game, the birds, the fish, and the forests of the State" as the same may now exist or hereafter be enacted. All fines, penalties, forfeitures, or licenses collected under any laws which said Wardens are authorized and called upon to enforce shall go to that Warden so acting or making or causing the arrest, i >r securing the conviction, as compensation for his services, and the state Warden shall make to each General Assembly a report of all receipts and disbursements and such other information and recommendations as in his judgment may be necessary and proper. Duties and powers of wardens: Sec 7. That all Wardens appointed under this Act shall each and every one have and exercise all the rights, powers, and authority of the Sheriffs of the respective counties, with respect, however, only to those laws which they are appointed to enforce and according to the terms of those laws as well as of this Act. They may serve process and have power to make arrests, "The official publication of the laws of Tennessee for 1907 was not available when the bulletin went to press, and as material amendments were made during this ses- sion and their effect upon existing law not known the sectiens are given as published by the State warden in his pamphlet for 1907-8. TONNES . i - . < • i' offenders an. I take them before my Justice of th< Pi rial ('"'int. there i>. I*» dealt with Recording t" law. and as the nature o( the demand. Acta of 1905, chap. . r >ir>. p. L169. Prosecutions; Compromiaing caaea: S I ih.it prosecutions and actions foi ties under this Vet [amending the u (general Game Law"], or any other Ian t..r the protection of game, -hall be in the name <>t" the State <>t Trinn-src, ami must U- brought on the order of the State Warden or a Warden appointed under the Department of Game, Fish, and Forestry, and in all actions or prosecutione bird or animal or part thereof killed or held in violati< I law shall constitute a rate offense; and the State Warden ma y compromise or discontinue cases where the violations wen- technical or where, in his judgment, the prosecution or fine would be oppress Acts of 1903, chap. 118, p. 212. \ii act to proteel non-game birds ol Tennessee.] Charge to grand juries: Sec. !». That the grand juries of the Circuit and Crimi- nal Courts of the State shall ha\ e inquisitorial authority over all violations of any of the pro\ isionsof this Act. and upon probable cause, shall make presentment without a prosecutor; and that the Judge having criminal jurisdiction in the various count re- in Tennessee shall give this Act specially in charge to the grand juries at every term of the courts. Acts of 1903, chap. 169, p. 374. Arrest: Sec. 8. That any Justice of the Peace, upon the -worn statement of any individual that any of the provisions of this Act h have been, or are being violated. •hall issue his warrant of arresl directed to any game Warden, sheriff, Constable or other peace officer commanding that said offender be at once arrested and held for trial, and said offender shall he tried and if found guilty, punished as herein provided. Sworn statements; Perjury: Sec. 10. * * * Any Game Warden, Sheriff. Deputy Sheriff. O instable or other officer of this State shall have the ricrht to demand of any nonresident having gamein his possession, and which he proposes to takeout of the State, an inspection of said license and -worn statement, and a refusal on the part of said nonresident to exhibit said license and sworn statement is hereby < lee la red to be a misdemeani ir. Any person or persons violating this section or any of the provisions thereof shall he guilty of a misdemeanor and upon conviction shall he fined in a sum not Less than $50 nor more than $100 for each offense, and any false swearing in the sworn nent herein required shall he punishable as perjury. Acts of 1907, chap. 185. Arrest; Appeal: Sec 3. That where any person is arrested for a violation of the game, fish, and fore-try laws of the State, a- the same may now exist or hereafter be enacted, it shall he the duty of the Warden making the arrest to take the person or persons so arrested without delay before some Justice of the Peace, who shall hear the evidence and decide the ease; and if the person or persons so tried shall he found guilty, then the Justice shall impose the line fixed bylaw. Any person BO convicted and fined shall, however, have the right of appeal to the Criminal or Cir- cuit Court upon giving bond and security for the amount of the tine imposed and or taking the paupers' oath and giving an appearance bond. All Wardens shall Section 5 of this Act authorizes the State Warden to import pheasants or other game birds or their egg« for distribution, and to take game at any time for propaga- tion or distribution. b The General Came Law. 254 GAME COMMISSIONS AND WARDENS. report without delay every arrest, and also each case tried, to the Department of Game, Fish, and Forestry. Blank forms for said purpose shall be furnished them by said department. Nothing herein, however, shall he construed to prevent the State Warden from exercising the authority already conferred by law by Section ft Chapter 515, Acts 1905. Summoning witnesses : Sec. 4. That no person shall be excused from testify- ing in any action, suit, or prosecution brought for a violation of the game, fish, and forestry laws upon the ground that his testimony might tend to convict him ; but such person shall not be prosecuted for any such offense about which he has been compelled to testify. Where the Department of Game, Fish, and Forestry has been furnished information of the violation of any game, fish, or forestry law, the State Warden may proceed to the place where said offense is alleged to have been com- mitted, and within said county summon and examine under oath witnesses to ascer- tain the facts and to avoid useless and frivolous indictments or prosecutions. Any one so summoned refusing to attend or testify under the provisions of this section or Act shall be subject to a fine of not less than twenty-five nor more than fifty dollars, and witnesses shall be paid by the department the same fees as are now allowed by law. Resisting- wardens: Sec. 5. That any person or persons who shall threaten with violence, resist, or interfere with a Warden in the discharge of his duties shall be subject to the same penalties now imposed by law upon those who resist or inter- fere with other officers. Commissions: Sec. 13. That the offices of all County, Special, and Deputy Wardens shall terminate on the first of July of each and every year, and that it shall be the duty of the Department of Game, Fish, and Forestry to take new bonds on reappointments of Wardens as well as on new appointments. Seizure; Search; Punishment of wardens: sec. 17. That the State, County. Special, and Deputy Wardens appointed to enforce the provisions of this or any other Act for the protection of the game, the fish, and the forests of the State are authorized to seize and confiscate any game taken or held in violation of law. Where any Warden has information or has reason to believe that any company, corporation, or other person is concealing game for the purpose of sale, in violation of law, or for shipment beyond the limits of the State, then such Warden may. with a warrant, make search for said game and examine any box, barrel, wagon, car, or cold-storage house, or other place or receptacle where said game is supposed to be concealed. And any warden who shall maliciously abuse his power or duty or trust in such or any other proceeding, or willfully fail to do his duty, or shall collude with any vio- lator of the uame, fish, or forestry laws, to evade same or any part thereof, or shall receive any bribe of money or other consideration of value not to prosecute or enforce any of said laws, shall be liable, upon conviction therefor, to a fine of not less than one hundred nor more than two hundred dollars and imprisonment not exceeding six months. Fines and forfeitures: Sec 18. That all moneys arising from fines, forfeitures, or prosecutions under any law for the protection of the game, the birds, the fish, or the forests of Tennessee, now existent or hereafter enacted, shall be paid to the Department of Game, Fish, and Forestry, which department shall apply so much thereof as may be necessary to the payment of the expenses of collecting same, and shall pay one-half of the balance, not exceeding 850 in any one case, to the Warden upon whose information or at whose instance the action was brought. The balance of such receipts shall be available for expenses in enforcing the various provisions of law for the protection of the game, the birds, the fish, and the forests, and the department shall make a full report to each Legislature of all such receipts and disbursements. i i.\ \>. TEXAS. Laws of 1907, H. B. No. Ganu', tish. :m«i I Beit ♦ - 1 i:i< t • •• 1 by th< \< : \.i- I a onier thai the provisions of this act may be carried oul \\ provided that the Fish and Oyster Commissioner Bhall bei the («:iine, Fish an Commissioner, and in addition to theduties :u|>. -sol up-.n tli«- Fish and < >yster Commissioner,. he Bhall hereafter perform all th. duties i in | »« >-<- expressly provided, however, thai nothing in this act shall ostrued as in any way repealing any law existing or hereafter enacted relating t.» fish and o\ sters and wild game and \\ il\ ster ( unmissioner to enforce the statutes of this state for the protection and rvation of wild game and wild birds, and to bring <»r cause to be brought actions and proceedings in the name of the State of Texas to recover any and all fines and irovided for in the laws now in force or that may hereafter be enacted relating to wild game and wild birds. Said Game, Fish and Oyster Commissioner may make complaint and cause proceedings to be commenced against any person |or violation of any of the laws for the protection or propagation of game or birds without the sanction of the county attorney in which Buch proceedings are com- menced, and in such case he shall not be required to furnish security for costs. Said Commissioner shall at any and all times seize and take possession of all birds and animals that have been caught, taken or killed, or had in the possession or under control, or have shipped contrary to any of the laws of this State, and such seizure |Bay be made without a warrant All birds or animals seized by the Commissioner shall be disposed of in such manner as may be directed by any court having com- petent jurisdiction to hear and determine cases for a violation of the game and bird te. Arrest: - Said Game, Fish and Oyster Commissioner shall have the same power and authority to serve criminal process a- sheriffs, and shall have the same power as sheriff- to require aid in executing such process. Said Commissioner may without warrant any person found by him in the act of violating any of the : >rthe protection or propagation of game or wild birds, and take such ; forthwith before a magistrate having jurisdiction. Such arrests may he made on Sunday, and in which case the person arrested shall he taken In-fore a magistrate having jurisdiction, and proceeded against as ><»on as may be, on a week day fol- lowing the arre.-t. Report: Sec. 4. Said Commissioner shall at the close of each calendar month tile with the Secretary of State a report in writing, stating th.- service performed by him during the last preceding month, including a detached statement of the suits com- nienced at his instance and th.- disposition made of same, and any other particulars lie may think proper, and no payment for services performed or expenses incurred by said Commissioner shall be made until he shall present to the Comptroller of Public Accounts, in addition to the usual certificate of performance and payment, a certificate from the Secretary of State that he has made the report required by this act. Chief deputy: Sec. 5. Said ( rame, Fish and < ryster Commissioner shall have power t<> appoint a chief deputy who shall maintain an office in the Capitol of the state: Btid chief deputy shall take the constitutional oath of office and shall act as general :it to said (tame. Fish and Oyster Commissioner, and during the absence or sickness or disabilitv of the Commissioner he shall exercise the duties of said Com- 256 GAME COMMISSIONS AND WARDENS. missioner. Said chief deputy shall devote his entire time to the work of his office, and he shall receive an annual salary of $1,800 and his actual and necessary expenses incurred by him in the discharge of the duties of his office, to be paid monthly on the warrant of the Comptroller of Public Accounts and on the approval of his accounts and vouchers therefor. Deputies; Salaries: Sec. 6. The said Game, Fish and Oyster Commissioner shall also have power to appoint deputy game commissioners, who shall have the same power and authority as herein provided for the Game, Fish and Oyster Commissioner himself, subject to the supervision and control of and removal by the said Game, Fish and Oyster Commissioner. Said deputy commissioners shall receive $3.00 per day for each day actually spent in the discharge of their duties under the direction of the Commissioner, and their actual expenses necessarily incurred when so employed. To be paid monthly on the warrant of the Comptroller of Public Accounts on the approval of itemized vouchers, verified under oath and certified and approved by the Game, Fish and Oyster Commissioner. The Game, Fish and I >yster Commissioner shall receive in addition to the salary now paid him as Fish and Oyster Commissioner [SI, 800], the sum of 8700 per annum, and his actual and necessary expenses incurred in the discharge of his duties, to be paid monthly on the warrant of the Comptroller of Public Accounts for the salaries and expenses of the Game, Fish and Oyster Commissioner, his chief deputy and the other deputies herein provided for, and shall not exceed the amount received by the State Treasurer from the sale of hunting licenses and the collection of fines and penalties in cases for the violation of the game and bird laws of this State. And in no event shall the State ever be liable for the pay of any of the deputy commissioners herein provided for. All funds paid into the State Treasury from the sale of hunting licenses shall be set apart as a special fund as salaries and expenses of said Game, Fish and Oyster Commissioner and his various deputies, as provided for in this act. Provided, that the fund derived from the sale of hunting licenses contemplated by this act shall never be combined with the Fish and Oyster Fund of the State of Texas. Nor shall said Fish and Oyster Fund ever be liable for the payment of any of the expenses contemplated by this act, but shall be kept intact and for the sole purpose of paying the expenses of maintaining the fish and oyster business of Texas as now provided by law, and the said Commissioner and his deputies shall not be paid out of any other funds. Bond of Chief Deputy: Sec. 7. The Chief Deputy Game, Fish and Oyster Com- missioner shall, before assuming the duties of his office, file with the Secretary of State, a good and sufficient bond in the sum of 85.000 for the faithful performance of the duties of his office. Report of licenses issued: Sec 9. At the close of each calendar month the Game, Fish and Oyster Commissioner shall file with the Secretary of State a report giving in detail the work of. his office, together with a correct list of the licenses issued during the preceding month, and shall remit to the State Treasurer for the entire amount of money received for same. Laws of 1907, H. B. No. 345. Separate offense; Common carrier; Examination of packages: Sec 10. [Prohibits export of game;] provided, that each shipment shall constitute a separate offense, and that such express company, or other common carrier, or its agents, serv- ants or employes shall have the privilege of examining any suspected package for the purpose of determiniug whether such package contains any of the articles mentioned herein. Prima facie evidence: Sec 15. Possession at any time of the year during which the game birds and wild fowls of the State are protected herein, shall be prima fack evidence of the guilt of the person in possession thereof. I I Ml. UTAH Laws Of 1907, chap. 1 IN. p, 1M). State tish and game eomniissioiier: TVrm; Qualitirat ion V gic. i. That the < lovernor of the State, by and with the consent of the Senate, -I ml I :it a Stat.- Fish an-1 Game Commissioner, hereafter called State Commission* r, shall be a resident citizen of the State, and \\ li" Bhall qo1 be a member <>t any bunting, Bhooting or fishing club, whose term of office shall be two yean and until - appointed ami qualified; Provided, that when a vacancy ocean in tin- office of said State Commissioner and the Legislature ia not in Beesion, the Gov- ernor shall have power t«> till such vacancy until the next regular Beesion of the • at inc. and h«- -hall have power t.» remove the stat.- Commissioner at any time lor ca Salary; Fund: Oath; Bond: Sir. 2, The state Commissioner -hall receive an annual Balary of one thousand two hundred dollars, together with his reasonable and necessary traveling and contingent expenses, nol exceeding $300 per annum, to he paid out of the public treasury, in the same manner a- other state < officers, Pro- . that as soon as sufficient funds are accumulated in the state Fish and Game Fund in the State Treasury the salary of state Fish and Game Commissioner, and all chiefs or other game Wardens, shall be paid out of Baid fund. He shall re entering upon the duties of his office, take and subscribe to the constitutional oath of ..tine and, give a bond in the penal sum of five thousand dollars for the faithful performance of his duty. Such bond shall be approved by the state Board "i Examiners and tiled with the Secretary of State. Powers and duties: Sec. •">. The State Commissioner shall have control and supervision of the waters of the state, for the collection, propagation, culture and distribution of tish in the state, and Bhall receive and distribute all game, fish, tish fry and .-pawn coming into his hand.- fairly and equitably among the Beveral counties. He -hall have full control of all the property of the state obtained or held for the purpose- contemplated by this act. Propagation, etc.; Report: Sec\ 4. It shall be lawful for the State Fish and I .anie Commissioner or any person appointed by him in writing so to do, to take fish and ■ame of any kind, dead or alive, or in any manner, under the direction of the County Fish' and < -ame Warden, for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes, deemed by him to be in the interests of the fish and game industry of the State. He -hall make a detailed report of his official transactions, including the number and kind- of tish distributed and the locality and name of streams, ponds or lakes where the same have been placed, and submit such report to the Legislature during the first week of it- ensuing regular Beesion. Fish and game wardens; Bonds; Compensation: Sec. 5. After this act shall take effect, the State Fish and Game Commissioner shall appoint by, and with the approval of the County Commissioners one Chief state Fish and Game Warden in each comity of this State who shall be a resident citizen of the county in which he resid He shall not be a member of any hunting, Bhooting or fishing club, whose term of office shall be two years and until his successor shall be appointed and qualified. The ■aid Commissioners shall require of each Warden the giving of a bond in a sum not eding $1,000.00 for the faithful discharge of his duties and a prompt accounting for the payment of any moneys coming into his hands by virtue of his office. Such bonds Bhall run to the people ,>\ the State of Ftah with surety to he approved by the Commissioners, Provided that the < rovernor by and with the consent of the state Fish and (tame Commissioner shall lix the salary of the tish and game Wardens, and provided that n<> Warden shall receive a salary to exceed (600.00. 258 GAME COMMISSIONS AND WARDENS. Duties of commissioner and wardens: Sec. 6. It shall be the duty of the State Commissioner, and also the duty of the Chief Fish and Game Warden to see that all laws of the State for the protection of fish and game are faithfully enforced in the several counties, and for this purpose they respectively are severally hereby given the same powers and authority granted by the laws of the State to and exercised, by sheriffs and constables. The State Commissioner, each of his special deputies and every Chief Warden throughout the State, and every sheriff and constable in his respective county, is authorized and required to enforce this act, and seize any game or fish taken or held in violation of this act, and he shall have full power and author- ity, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and if, with- out a warrant, to hold him until a warrant can be procured; to open, enter and examine all cars, stages, packs, warehouses, stores, outhouses, boxes, barrels and packages where he has reason to believe any game or fish taken or held in violation of this act, is to be found, and to seize the same; and, provided, that if such search or seizure be made without a warrant, the officer making the same must procure a warrant therefor as soon as possible during or after the search or seizure; and pro- vided further, that a dwelling house actually occupied can be entered for examination only in the pursuance of a warrant. It shall be the duty of the Chief Game Wardens to report their official acts in detail to the State Commissioner annually during and not later than the first week in December, and oftener if so required by the State Commissioner. Game protection fund: Sec. 14. [Hunting license fees to be paid into the State treasury to the credit of the fish and game fund.] Seizure; Prima facie evidence: Sec. 25. Any person who shall have in his pos- session any game, fish or birds taken unlawfully is guilty of a misdemeanor. All fish or game taken or held unlawfully or shipped or consigned for shipment out of this State shall be seized by the State or any Fish and Game Warden and disposed of to the best interest of the State Fish and Game fund in which said seizure may be made. The possession of any animal, fish or bird, or of the remains or any part of the remains thereof, within the time or period within which the taking or killing or possession of the same is prohibited, shall be prima facie evidence of such unlawful taking or killing or possession, provided it shall be lawful at any time of the year to take any wild birds or the eggs of any wild birds mentioned in this act for scientific purposes under the supervision and authority of the State Fish and Game Commis- sioner; and it shall be unlawful to kill, catch or otherwise take or destroy, and leave to waste, or in any manner to cause or suffer to be wasted, any bird, animal or fish in this act mentioned, or any useful part or parts thereof. Approved March 23, 1907. VERMONT. Laws of 1904, No. 118, p. 160. Fish and game commissioner: Sec 1. There shall be appointed by the gov- ernor, with the advice and consent of the senate, during the present session of the legislature, and biennially thereafter, a state fish and game commissioner, who shall hold office for two years from December 1st of the year of his appointment and until his successor is chosen and qualified. A vacancy occurring in such office shall be filled by the governor. Salary; Expenses: Sec. 2. [As amended by Laws of 1906, No. 153.] The annual salary of the state fish and game commissioner shall be ten hundred dollars and his actual necessary expenses while away from home on official business. He shall also be allowed in the allowance of his accounts his necessary expenses for postage, sta- tionery, blanks, printing, telephone, telegraph, freight and express. Said commis- VERMONT. ov a clerk at an expense not t.> exceed three hundred and dollars per annum. rhe state fish and game commissioner shall have th< tnd management of the state fish hatcheries ami the propagation "i fish and game in the -tat« ■ a- is ii. '\\ and hereafter shall be provided by law , ami -hall enforce tin- law - relating to tin- protection of fish and game. fcecord; Report: Sec. i. He shall keep a correct account of tin* proceeding ami . -s pertaining to his oiHce, and -hall snhmit to the legislature biennially ■ •d r«-|»ort of which not exceeding two thousand copies shall be printed at the expense of the state. Accounts: S 5. He shall render to the state auditor an itemized aeeoiint of all money expended by him in the care and management of the state fish hatcheries and in the protection of fish and game,, and upon approval of the same, the state auditor shall draw an order upon the Mate treasurer for the amount thereof in favor of said commissioner. Such order, however, not to exceed in amounl the sum appro- priated under section 8 of this act. County wardens: Sec. 6. [As amended by Laws of L906, N<>. L52.] The state Bah and game commissioner shall, annually, in the month of December, appoint at :ie and not more than two, fish and game county wardens for each county, and any deputy fish and game wardens in each county as he may deem necessary. Said wardens shall hold office for one year, or until their successors are appointed, and said commissioner may remove such wardens from office and fill vacancies which Bay occur. Powers: Sec. 7. [A- amended by Laws of L906, No. L52.] Said wardens shall be under the direction and supervision of said commissioner, and shall act and incur expense only under his direction, and. when BO acting, said wardens shall have the same power- as a constable while engaged in and with reference to their work as warden-. Compensation; Reports; Expenses: [Added by Laws of L906, No. L52, sec. 3.] Said county wardens shall receive two dollars a day and actual expenses while offi- cially employed. Said deputy wardens shall receive one dollar and a half a day. and actual expenses, while officially employed. Said wardens shall report to said commissioner at such time and in such manner as lie may direct. All accounts of said wardens for per diem and expenses shall be upon blanks to be furnished by said commissioner and such accounts shall be sworn to by said wardens and when approved by said commissioner the auditor of accounts shall draw orders therefor. Appropriation: Sec. 8. [As amended by Laws of 1906, No. 153.] The sum of fifty-five hundred dollars is hereby appropriated annually for the care and mainte- nance of the state fish hatchery, and for the protection and preservation of fish and game. If any part of such appropriation remains unexpended at the end of any fiscal \ear. the unexpended portion shall be carried over and added to the fund for the following year, ami bo from year to year. Prosecuting officers: Se< . 9. The state fish and game commissioner for the Btate, town grand juror- and >tate'> attorneys shall prosecute for all violations of this act. Game fund: Ski. 11. All money collected from fines imposed for violations of any law relating to fish and game shall he paid into the state treasurer [treasury] and used for the purpose of this act. Approved December 7. 1904. Vermont Statutes, 1894, chap. 96, p. 382. Search: Sec. L*">4. [As amended by Acts of L896, No. 35.] A justice may grant a warrant for searching in thedaytime, a dwelling-house or other place, * *; fish or game helieved to have been taken contrary to law, or implements or device- for taking fish or game, subject to seizure <>r unlawfully possessed; where the disi of such articles may tend to convicta person of offense. 4358— No. 28—07 18 260 CAME COMMISSIONS AND WARDENS, Vermont Statutes, 1894, chap. 189, p. 821. Arrest; Notice; Complaint or information: Sec 4573. [As amended by Laws of 1906, No. 152.] County or deputy iish and game wardens may arrest on view, in any place in the state, a person found violating a provision of this chapter, and ntain him in custody at the expense of the state, until opportunity is given to a complain- ing or informing officer to institute a prosecution against such offender; and a fish and game warden making, such arrest shall immediately give notice to the grand juror of the town, or the state's attorney of the county in which the offense was com- mitted, or if the offense was committed in an unorganized town or gore, to the grand juror of an adjoining town or the state's attorney of the county, and explain the nature and circumstances of the offense charged; and such complaining or informing officer shall forthwith file a complaint or information against such offender and prosecute the same. Investigation; Report: Sec. 4574. If a fish and game warden has notice that there has been a violation in his town of any of the provisions of this chapter, he shall forthwith inquire into the same and he may investigate any violation of the provisions of this chapter in any place in the state; and if he finds that there has been a violation of any of the provisions of this chapter, he shall state the nature and circumstances of the offence to the grand juror of the town, or state's attorney of the county in which the offense is believed to have been committed, who shall prosecute the offender. Presumptive evidence: Sec. 4623. [Prohibits possession for transportation of any game taken in close season] and possession of such fish or game by a railroad or express company, or other common carrier, within the close season for such fish or game, shall be presumptive evidence that it was taken in this state in violation of law. Laws of 1896, No. 94, p. 74. Presumptive evidence : Sec. 1. * * * and the possession of deer or any part thereof, except in the open season, shall be presumptive evidence that the pera d having it in his possession is guilty of a violation of the provisions of this section. * * * and having in possession any moose or caribou in this State, shall be pre- sumptive evidence that the same was killed in the State contrary to law. Dogs ; Prima facie evidence : Sec 8. [Added by Laws of 1898, No. 108, and amended by Laws of 1904, No. 130.] Dogs of the breed commonly used for hunting deer, moose or caribou, and dogs of other varieties that are known to follow deer, moose or caribou, shall not be permitted by the owner or keeper thereof to run at large in the forests inhabited by deer, moose or caribou; and if any such dog shall be found hunting, pursuing or killing any deer, moose or caribou, it shall be prima facte evidence that said dog was permitted to run at large in said forests and to hunt, pursue and kill deer, moose and caribou, * * * Laws of 1896, No. 95, p. 75. Seizure: Sec 1. [Prohibits netting or snaring of birds protected by close season,] and such game may be seized and shall be forfeited to the prosecutor. Presumptive evidence: Sec 2. [Prohibits hunting ducks with artificial lights;] and if a person is found on any public waters of this state, or the shores thereof, after sundown, with a firearm and torch, jack or artificial light, it shall be presump- tive evidence that he is violating the provisions of this section. Approved November 23, 1896. % Laws of 1896, No. 96, p. 76. Prima facie evidence : Sec 1. [Prohibits killing, sale or possession of game birds pn >tected by a close season, except for consumption as food within the state;] and the delivery to or reception by any person or corporation within this State of any such \ I i;\|u.\ i VIRGIN I A, 261 - . i r. 1 - . for shipment to a point without the State, shall l"- | ilence lie same were killed, and ;uv possessed within the S1 >ther than ! Immult consumed ;i- food within the Si Appr >\ <■'! N'< >\ ember '_' I. IStl Laws of L904, No. L98, p. L67. License; Game fund: - Such [nonresident deer hunting] license shall be : by the tish and game commissioners of the state upon application in \\ riting and the payment of fifteen dollars; and under such rules and regulations to beeetab- I hy the tish and -aim- commissioners as may he required to carry out the intent of , !. All money received for such licenses shall be forthwith paid to the state irer, and ma\ he expended by the lish and game commissioners in tin- pro- n of li-h and game. I ()eto»>er 21, 1904. Laws of 1906, No. 155. License; Game fund: Sec. 1. [Requires nonresidents to procure a license to hunt ruffed grouse, woodcock, quail, ducks, English snip.', geese, and plover; fe< sued by tow n clerk, who after deducting 25 cents as his compensation, lired to remit the balance to the fish and game commissioner.] Approved I December is 1906. VIRGINIA. Code of 1904, title 27, chap. 95, p. 1041. Seizure; Disposition of seized property; Prima facie evidence: Sec. 2070a j \- amended by Acts of 1906, chap. L':'>7.] * * * All sneak boats, nets, trap- i r reflectors or other unlawful appliances so used [in killing any game] or found in the possession of any person -ball be seized by any game warden or other officer and lieM by him as evidence, but the same shall not be destroyed except by the order of the court or justice having jurisdiction, upon warrants duly issued, which said court or justice shall, upon satisfactory evidence of the guilt of the party, or of the unlawful nature of the article seized, order the same to be destroyed. The possession of any of said guns, sneak boats, nets, trap-, reflectors, or other unlawful appliances shall ma facie evidence of the guilt of the person in whose posses-ion they are found. The possession of any of said game birds or game animals, or parts thereof, protected hy the laws of this State, during the season in which it is unlaw- ful to hunt, kill, chase, or capture the same, shall be prima facie evidence of the guilt of the party in whose possession they are found. * * * City and county wardens: Sec. 2070b. It shall be the duty of the city or cor- don court of the cities, or the judges thereof, in vacation, on the application of five resident freeholders of any city, to appoint two suitable persons in Buch city as wardens, whose jurisdiction shall be confined to their respective cities, and where the b^ard of supervisors of any comity -hall, by resolution of record in the minutes of said board, request the judge of the circuit court for said comity bo to do. the said judge shall, upon the application of five resident freeholders of any magisterial district in said county, appoint one suitable person in such magisterial district as game warden, whose jurisdiction shall be confined to said magisterial dis- trict; when the said appointment is made by the judge, in vacation, he shall certify die -a i ne to the clerk of his court, who shall enter the same in the order book of his court in the same manner as if made in term. Term: (2) The said wardens shall hold office for the term of four years from the date of their appointment, unless sooner removed from office, and shall qualify according to law. Powers; Duties; Arrest; Trial; Warrant: (3) It shall be the duty of said 262 GAME COMMISSIONS AND WARDENS. wardens t<> enforce all statutes of this State, and of the United States now in force, or hereafter to be enacted for the protection and propagation of wild water fowl, game birds, and game animals or son*: or insectivorous birds. The said wardens shall have power, and it shall be their duty, to arrest any person detected by them in the act of violating any of the aforesaid laws, or any person against whom a warrant shall have been duly issued, upon the information of any other person for such violation, and forthwith to carry such person before a justice or court having jurisdiction over the offense, who shall proceed, without unreasonable delay, to hear, try, and determine the charge against such person. No game warden shall have any right, under this act, to go upon the land of another person without the consent of such other person, until and unless such game warden shall have procured a search warrant in con- formity with the provisions of subsection five of this section, or shall have a warrant for the arrest of some person thereon: provided, however, that such game warden may, without a warrant, arrest any person who violates any of the provisions of this chapter in the presence of such game warden, and should any person violate any of the provisions of this chapter in the presence of such game warden, such game warden may lawfully follow such person anywhere in the effort to arrest. Oyster police; Reports; Fees: (-4) The several commanders of the oyster police boats of this Commonwealth are hereby constituted game wardens of this State, whose jurisdiction as such wardens shall extend over the lands and waters of this Common- wealth within their several jurisdictions as commanders. They shall enforce the statutes of this State, and of the United States, for the protection of game or other animals or birds protected by law, and render report to the board of fisheries of all prosecutions, and the said board of fisheries shall publish the same in their annual report as information. The commanders of the said oyster police boats shall receive no additional compensation for the performance of these duties, except that in cam of conviction they may receive the fee provided for in subsection eight of this section. Search: (5) Any court, judge, or justice having jurisdiction over the offense, if satisfied upon affidavit that there is reasonable cause to believe that any wild water fowl, game birds, game animals, or song or insectivorous birds, or parts thereof, caught, taken, killed, shipped, or about to be shipped, or in transit, contrary to the laws of this State, or of the United States, are being concealed or stored in any place, shall issue a search warrant and cause search therefor to be made in any such place, and to that end may, after demand and refusal, cause any building, enclosure, or car to be entered, and any apartment in which it is believed that game is concealed, to be examined by any of said wardens or other officers executing the warrant: provided, that the issuance and execution of such search warrants shall be in accord- ance with the issuance and execution of search warrants in other cases, as provided by law. Seizure; Disposition of hunting 1 appliances: (6) All game animals, wild water fowl, and birds protected by law, or parts thereof, found under such warrant, shall be seized by the warden or other officer making the search, and shall be disposed of as the court, judge, or justice having jurisdiction may direct. All guns, gunning, or hunting appliances found in such search shall be seized by said warden or other officer, and held subject to the payment of the fine prescribed by law for the offense charged, and the cost of prosecution. If any of the articles so found be such as are not authorized by law, they shall, upon the order of the court, judge, or justice hav- ing jurisdiction, be destroyed, and all other of such articles shall be sold at public auction, after the lapse of twenty days from the time of seizure, and after such notice as the court, judge, or justice having jurisdiction may prescribe, unless the reputed owner appears and acquits himself of the charge or pay the fine that may be imposed by the court, judge, or justice. Resisting officers: (7) Any person or persons interfering with any of said game wardens in the discharge of their duty, or resisting lawful arrest, shall be deemed \ reoi n i \. . misdemeanor, and on conviction thereof shall be fln< dollar- nor more than fifty dollars Disposition of penalties; Wardens* fees: v Ml fines and penalties im] anr all costs and expenses incurred in apprehending and prosecuting him f<»r the recov- ery of said forfeiture. Seizure; Disposition of seized property; Imprisonment: 8b 2073. Any person violating either of the two preceding section- may be arrested, and the prop- 264 GAME COMMISSIONS AND WARDENS. • erty forfeited under the last section may be seized with or without warrant by any sheriff or constable, or any game warden of the < !omrnonwealth within their resped tive jurisdictions, and held to await judgment. The offender shall be carried befall a justice of the county in which the offense was committed, and a report be made to him of the property, if any, seized. The justice shall proceed to try the case and give judgment thereon. If judgment be rendered against the offender, it shall he for the forfeitures, pecuniary and otherwise, and the costs and expenses incurred! and any property seized, .adjudged to be forfeited, shall be delivered to the pereotf entitled to the forfeiture in part satisfaction of the judgment. If the offender does not satisfy the judgment in full, the justice shall commit him to jail for one month, unless such satisfaction be sooner made. If the offender be acquitted, any property seized shall be released. Recognizance: Sec 2074. If a person be convicted a third time of any of the offenses mentioned in this chapter, the justice rendering judgment therefor shall require him to give a recognizance, with sufficient surety, for his good behavior lor a year; and if he fail to give such surety, commit him to jail for one month, unless he sooner give it. Such recognizance shall be deemed to be forfeited if such person commit any of the said offenses within the time limited in the recognizance. WASHINGTON. Supplement to Ballinger's Codes and Statutes, 1899-1903, p. 599. State warden: [Sec] 7363a. There is hereby created the office of state game warden, and the state fish commissioner « shall be ex-officio such officer. Powers; Duties; County wardens: The state game warden shall have full con- trol and supervision over all county game wardens appointed in pursuance to any statute now existing on the statute books of this state, and may have the power to appoint said county game w r ardens special deputy fish commissioners for the county in which said county game wardens may reside and shall have general supervision over the enforcement and execution of all laws of this state for the protection of game animals, game birds, song birds and game fish, and shall have all the authority and powers as a peace officer conferred on county game wardens by any law of this state. Report: The said state game warden in connection with his report as said fish commissioner, shall annually, on December first, report to the governor of this state a full account of his actions as said state game warden; also the operation and result of all laws pertaining to the protection of game animals, game birds and game fish. * * * County wardens; Peace officers; Forest rangers; Search: [Sec] 7364. It is hereby made the duty of every game warden so appointed, [by county commis- sioners] and every sheriff, deputy sheriff, constable, city marshal and police officer, within their respective jurisdictions in the state of Washington, to enforce all the provisions of this act, and all laws for the protection of game birds and animals, flab and song birds, and such sheriffs, deputy sheriffs, constables, city marshals, police officers, or any forest rangers appointed by the United States Government, and each of them, by virtue of their election and appointment, are hereby created and con- stituted ex-officio game wardens for their respective jurisdictions, and they and each of them, and each and every game warden so appointed, under the provisions oj. the preceding section, shall have authority, and it shall be their duty to inspect all depots, warehouses, cold storage rooms, storerooms, hotels, restaurants, markets and « Fish commissioner appointed by the governor for four years, under a bond of $5,000, at a salary of $2,000 per annum and allowed $1,000 per annum for traveling expenses. May apply to the attorney general ior his opinion upon any law affecting his official duties. w kSHINGTON. all pa boxes, held either for storage or shipment, which thej shall n to helieve contain evidence ol the infraction of an 3 "t the provisions of ilw- \n-l if, upon inquiry said officer discovers thai sufficient evidence ju-tit\ the same, he shall .it once instistute proceedings to punuth the al offender*. Arrest; Trial: Pros. 'rut me; officer: |>i«.| 7366. \n\ game warden : t j • j >• > i 1 1 1 * -< 1 under the provisions of this act, any sheriff, depot) sheriff, city marshal, constable or police officer, forest ranger, may, without warrant, arrest an] person l>y him found violating anj of the provisions of t hi> act, or any other ad or acts hereafter ei iforced, al any time for the protection of game, ii-li and song birds, and t:i k« • such person or persons before a justice of the peace or municipal judge having juris- diction, who shall proceed without delaj to hear, try and determine the matter, and give and enter judgment according to the allegations and proof. All Buch actions shall be brought in the name of the state of Washington and shall he prosecuted by the prosecuting attorney of the respective countii Presumptive evidence: [Sac.] 7371. Possession of any of the animals or game birds mentioned or named herein, [deer, moose, caribou, antelope, mountain sheep, mountain goat, quail, Chi no.- or Mongolian pheasant , grouse, native pheasant, ptarmigan, partridge, prairie chicken, sage hen, wild duck, goose, -wan, brant, sand- hill crane, snipe, rail, and plover] or any of the meat of the same, except tin- number of .lurk-, geese, brant or snipe permitted to he taken during the month of November of any year, shall he {.resumptive evidence that sai.l animal-, birds, or the meat of the same was unlawfully taken by the person having possession of the same, and upon conviction thereof -hall be punished a- hereinafter provided; * * * Game protection fund; Satisfaction of judgment: [Sec.] — . All moneys received and all fines collected under this act shall he paid to the treasurer of the county in which the suit, action or proceeding shall have been commenced and placed by him in the game protection fund to he used for the protection or propagation of game in said county, and the prosecuting attorney, justice of the peace or judge of any county, upon the payment of any line or judgment, may satisfy the same of record for the state. * * * Laws of 1905, chap. 172, p. 349. Chief deputy; Compensation; Certificate; Duties: Sec. 1. The state game warden shall appoint one chief deputy state game warden, who shall hold his office during the pleasure of the State game warden, and shall receive a salary >'i fifteen hundred dollars ($1500) per year, to he paid in monthly installments, by the state treasurer on warrant drawn by the state auditor, and shall he allowed his actual expenses of travel in the performance of his duty, not to exceed the Sum of -even hundred and fifty dollars ($750) in any one year; and no payment of salary or trav- eling expenses shall be made by the state auditor to said deputy state game warden, except upon certificate of the state game warden, that the vouchers of the deputy State game warden are correct, that the services have been faithfully rendered and the money for traveling expenses actually expended. The duties of the chief deputy game warden -hall he to enforce all the provisions of law in reference to the protec- tion of game and to prosecute all violations of law in reference thereto, to direct and supervise all acts of county and special deputy game warden-, and to use all lawful ways and means to protect game and t<> encourage and secure the propagation thereof. County wardens; Salary: Sac. 2. The county commissioners of the respective counties of the state of Washington are hereby empowered and authorized I shall, upon application in writing of one hundred resident freeholders and taxpayers of said county, appoint a suitable person, who shall he a resident and qualified elector of said county, as game warden of such county, who shall he vested with all 266 GAME COMMISSIONS AND WARDENS. the authority of a sheriff to perform the duties prescribed by the laws of the State of Washington for the protection of game animals, game birds, song birds and game fish. Such game warden, so appointed, shall receive a salary of not less than twenty- five dollar- ($25) nor more than one hundred dollars ($100) per month to be paid monthly out of the game protection fund of such county. Powers; Special wardens; Oath; Responsibility: Sec. 3. All county game wardens shall be ex-officio deputy state game wardens, and shall have the same powers in the enforcement of the game laws of the State as the chief deputy state game war- den, and shall be under the direction and supervision of the chief deputy state game warden. County game wardens shall have power to appoint special game wardens for his county, such special game warden shall receive no salary but shall have same authority as other game wardens; county game wardens before entering upon their duties shall take and file with the county auditor of his county the oath of office as prescribed for other county officers, and shall be held responsible for neglect, or non- performance of his duties, and the county commissioners of any county may remove the county game warden at any time for neglect or non-performance of duty. Approved March 13, 1905. Laws of 1905, chap. 147, p. 277. License fees; Fines; Game fund: Sec. 1. [Establishes resident and nonresi- dent licenses.] * * * The county auditor shall pay to the county treasurer all such fees collected by him, to be placed in the game protection fund, to be used by the county commissioners for the propagation and protection of game in said county, and the state auditor shall pay to the state treasurer all such fees collected by him to be placed in the game protection and propagation fund. All fines collected under the provisions of this act shall be paid to the county treasurer of the county in which said fines are collected, and placed by him in the game protection fund. State fund: Sec 2. There is hereby created a State fund, which shall be used only for the protection and propagation of game animals, game birds and game fish in this State. Approved March 7, 1905. WEST VIRGINIA. Code of 1906, chap. 62, p. 1122. Game and fish warden; Salary; Mileage; Deputies; Compensation: Sec. 2794. That it shall be the duty of the governor to appoint some person, a resi- dent of this State, to the office of game and fish warden. Said warden shall hold his office for four years or until his successor has been appointed and qualified, unless re- moved for cause by the governor. He shall receive for his services the sum of one thousand ($1,000.00) dollars a year, to be paid out of the treasury, quarterly, after being duly audited; and shall be allowed mileage of three cents a mile while traveling by railroad or steamboat, and ten cents a mile while traveling otherwise than b} T railroad or steamboat, for the distance necessarily traveled for the purpose of enforcing this act: provided, always, that the mileage expenses of said warden shall be reported quarterly under oath, to the governor, and approved by him, and he also shall have the power to fix and limit from time to time the amounts to be so expended. Said game and fish warden shall select such person or persons as he may deem fit, includ- ing any sheriff, deputy sheriff or assessor, to act as deputy game and fish warden in the several counties of the State, and if approved by the governor, he shall appoint them deputy game and fish wardens. The deputy game and fish wardens shall receive for their services the fines" accruing from such prosecutions as maybe insti- «The constitutionality of this provision has been questioned in a case now before the supreme court of the State. U I > I \ UK, IN !A. 267 l>y them respectively, t >nt no money shall be paid to them oaf of the of the State They shall h<>M their office* at the pleasure of the game and nab U'n. Dm: It shall be thedut) of the game and t ■ — t * warden and of his the statutes of this - the preaervation ol ■ah ami game, and to enforce all other laws of thia State for the protection and pi ■ation of birds, ^ i fish, nou in hereafter enacted, and to brii brought, and to prosecute or cause to ; ited, actions and pr . the name of this State t<> punish any part if- for the violation of aaid statutes gn«l laws. Powers; Search; Prima facie evidence; Seizure: 8» id warden and deputies may make complaint and cause proceedings to be commenced against any r the violation of game and fish laws without the sanction of the uting attorney of the county in which such proceedings are commenced, and •i eases they shall not be obliged to furnish security for coatfi Said warden and deputies may also api>ear in any court of competent jurisdiction in this State in anv case for \ iolation of any of the laws for the protection or propagation of fish or , and prosecute the same in the same manner and with the same authority as 0he prosecuting attorney of the county in which such proceedings are < imenced. And in such case, he may. in tin- event of the refusal or neglect of the prosecuting attorney to act, employ an attorney of his choice, and to such attorney, or to the uting attorney, if he shall act, there shall be taxed in the costs upon conviction of ten dollars in each case. Said warden and deputies -hall have power to . any person and examine any boat, conveyance, railroad car, vehicle, fish-box, askct, game-bag or game-coat, or any other receptacle for game or fish, when they have good reason to believe that they will thereby secure evidence of the viola- tion of the laws; and any hindrance or interference, or attempt at hindrance or interference with such search and examination, shall be prima facie evidence of a tion of the law by the party or parties who hinder or interfere with, or attempt to hinder or interfere with such search and examination. Said game and fish warden and deputies shall at any time and at all times seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at a time, in a manner, or for a purpose, or had in possession or under control, or have been -hipped, try to any of the laws of this State. Such seizure may be made without a :it. Any court having jurisdiction of the offense, upon receiving proof of ble cause for believing in the concealment of any bird, animal or fish caught, . killed, had in possession, under control, or shipped contrary to any of the i this State, shall issue a search warrant, and cause a search to be made in any . and to that end may cause any building, enclosure or car to be entered, and any apartment, chest, bar locker, crate, basket or package to be broken open and the contents thereof examined by said game or [and] fish warden. All birds, animals or fish, or nets or fishing appliance- or apparatus, seized by the said game and tirdi warden or any of his deputies, or other officer or officers, -hall be dis] such a manner as may be directed by the court before whom the offense is or by any court of competent jurisdiction, and the proceeds of any sale-, after deducting all legal costs, shall be paid into the treasury of the State. Process; Arrest; Sunday: Sec. 2797. Said game and fish warden and hisdepu- lall have the same power to serve criminal process as sheriffs, and shall have -line right as sheriffs to require aid in executing such pro i as Said warden and deputies may arrest without warrant, any person caught by him or them in the act of violating any of the aforesaid laws for the protection or propagation of birds, game "t" fish, and take such person forthwith before a justice of the peace, or other magis- having jurisdiction. Such arrest may be made on Sunday, in which case the 268 GAME COMMISSIONS AND WARDENS. person arrested shall l>e taken, before a justice of the peace, or magistrate having jurisdiction, and proceeded against as soon as may be, on a week day following the arrest. Reports of deputies: Sec. 2798. Every deputy warden shall at the close of each calendar month report in writing and in detail to the game and fish warden the service performed by him during the last preceding month, including an account of the suits commenced at his instance, and the amount of money received by him for lines imposed for a violation of the provisions of this chapter. Report of warden: Sec. 2799. Said game and fish warden shall, in the month oj December of each year, file in the office of the secretary of state a report in writing stating in detail an account of the suits instituted by him and his deputies, the amount of fines imposed for violation of said provisions, and the amount of fines collected. The secretary of state shall cause said reports, or so much thereof as may be of inter- est to the public, to be transmitted bi-ennially to the legislature when in session. Resisting- officers: Sec. 2800. Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with said game and fish warden, or any of his deputies, in the discharge of any of their duties, shall be deemed guilty of a misdemeanor, * * * Jurisdiction; Prima facie evidence: Sec. 2759. [Protects deer, wild turkeys, quail, etc.] Any justice of the peace of the county, wherein the offense was com- mitted, shall have concurrent jurisdiction of all offenses under this chapter with the circuit court of the county. Any person found with any recently killed venison oi fresh deer skins, wild turkey, quail, pheasant or ruffed grouse, in his possession during the time when the killing of deer, wild turkey, or quail, pheasant or ruffed grouse is prohibited by this chapter, shall be presumed to have killed the same; and the reception by any person within this State of any deer, wild turkey, quail, pheasant or ruffed grouse for shipment to a point without the State shall be prima facie evidence that the said deer, wild turkey, pheasant, or ruffed grouse, were killed within this State, for the purpose of carrying the same beyond its limits. Clerks; Market masters; Peace officers; Duties; Liability: Sec. 2785. [Pre- scribes close seasons for game birds, limits bag, and prohibits trapping and use of swivel guns and other devices.] And it is made the duty of the clerk or market master of any city, town or village, within this State, to diligently watch and arrest all persons violating the provisions of this act by having any game or fish, mentioned therein, unlawfully in their possession or vending the same during any of the periods prohibited by this act. And it shall be the duty of the sheriff and his deputies in each county of the State, the chief of police and his deputies in each town or city within the State, and constables of the counties, to inform against and prosecute all persons who, there is probable cause to believe, are guilty of violating any of the provisions of this act. And if any of the aforesaid officers, who shall have beeB reliably informed that any part of this act has been violated, fail to prosecute the offender they shall be guilty of a misdemeanor, and fined a sum not exceeding twenty dollars. Prima facie evidence: Sec 2789. [Prohibits possession and sale of game birds in close season,] and the possession of such birds or game, shall be prima facie evi- dence that the same were killed or caught by such person or persons, having p sion of the same, unlawfully within the State of West Virginia. * * * Prosecutions; Attorney's fee; Witnesses; Exemptions: Sec 2791. All prose- cutions under this chapter shall be in the name of the State of West Virginia, before any court, justice of the peace, mayor, or other officer having jurisdiction, and in any case in which the prosecuting attorney of the county appears, a fee of ten dollars shall be allowed to him to be taxed as part of the costs. And every person called as a witness to any violation of any of the provisions of this act shall be compelled to w i> I VIRGINIA w 18< l >.\M.\ . testify fully, but his testimony Bhall not be given in evidence against him, in an) ution for such offense; and no person :iL r :im-t whom such witness shall so testify, shall be competent as a witness for the State in the prosecution against such witnem for the same offense or matter as to which said witn< tifled, or for any like offense committed bj Buch \\ itness, before the commencement of the prosecution in which he ia examined as such witm License fees; Production of lioense: B Said license fee [nonresident] to be turned Into the treasury of the State. Everj person claiming to hold :i hunter's -••shall produce tin- saine for inspection whenever required by the prosecuting attorney, Bheriff, justices of the peace, assessors or constahlen * • I the county, or game and ti>h warden, deputy warden, or owner of the land on which such licensee Bhould then be hunting, and if he fail or refuse, to do bo, Bhall be guilty of a misdemeanor, ♦ # * WISCONSIN. Sanborn & Berrymans Annotated Statutes, 1898, chap. 62, p. 1108. State warden; Duties; Salary; Expenses: Sec. L498. [As amended by Laws iA 1903, chap. 410.] The Governor shall appoint a state fish and game warden who shall hold his office for the term of two years from the date of his appointment and until his successor is eh-ctcd and qualified, unless sooner removed; and any vacancy occurring during -aid term shall he filled by the Governor for the residue of the term. It Bhall be the duty of Baid warden to secure the enforcement of the law for the pres- ervation of fish and game and to bring or cause to he brought actions and pro* ings in the name of the >tate to recover any and all line- and penalties provided for. [He is also required to perform the duties of tire warden. J Such warden Bhall devote all his time to the duties of his office and shall receive a salary of eighteen hundred dollars per year and his actual expenses and disbursements to he paid upon vouchers therefor approved by the ( rOVernor, to be paid out of the fund known as the hunting license fund. Special deputies: Sec. L498a. [As amended by Laws of L 901, chap. 358.] The said warden may appoint, by an. I with the approval of the ( rOVernor, two Bpecial deputy wardens for each congressional district. He may also appoint as many additional special deputy wardens as. may be necessary to carry out the provisions of this act County wardens; Compensation: Sec. 1498b. [As amended by Laws of L899, chap. 312.] Whenever the county hoard of any county shall hy resolution author- ise the appointment of county wardens, and shall tix the number of the same it shall be the duty of the county judge, district attorney and county clerk, acting as a board of appointment, to Belect the persons for such positions and certify their names to the state fish and game warden, who shall, if in his judgment such persons will make competent and efficient deputy wardens, issue commissions as deputy wardens to such persons bo designated. The compensation of each of Baid deputy wardens so appointed for such county shall be fixed by the board appointing the same, and he paid out of the county treasury the same as salaries of other county officers. Process; Arrest; Seizure: Disposition of seized property: Sbc. L498c. The warden and his deputies shall each have full authority to execute and Berve all war- rants and processes issued hy any justice of the peace or police magistrates or by any court having jurisdiction under any law relating to fish and game, in the same man- ner as any constable may serve and execute such process, and airesl without warrant any person by him detected in actually violating any of the provisions of the law relating to tish and game, and may take such person bo offending before any court and make proper complaint. It shall further he the duty of Mich warden and his deputies, upon receiving information that any law relative to fish and game has heen 270 GAME COMMISSIONS A.ND WARDENS. violated, to immediately cause a thorough investigation to l>e made and proceed- ings to be instituted it the proof at. hand warrants. Such warden and hie deputies may seize and forthwith destroy any and all apparatus designated by any law relating t<> fish and game to be a public nuisance. It shall be their duty t<« seize and confis- cate in the name of the state any fish or game caught, killed or taken in violation of any law or had in possession contrary thereto, to sell the same at public auction and pay the proceeds to the state treasurer, less the expenses of such seizure and sale. It shall also be their duty to seize and hold subject to the order of the court all apparatus, appliances or devises which either of them shall have reason to believe is being used in the violation of the fish and game law, and which is not designated by law as a public nuisance, and if it be proven that the same is or has been, within six months previous to such seizure, used in violation of law the court before which tin- said apparatus, appliance or device is taken may order the destruction or sale of the same to the highest bidder, after having declared it confiscated to the state. If sold to the highest bidder the warden or deputy selling it shall remit t< - the state treasurer the amount received therefor, less the expense of seizure and sale. Peace officers: Sec. 1498e. All sheriffs, deputy-sheriffs, coroners and police officers are ex officio deputy fish and game wardens, and it shall be the duty of each of them to assist the state warden or his deputies in the enforcement of the fish and game law upon notice being given to either of them that a violation of law has been brought to the attention of such warden or either of his deputies. • Attorney -general: Sec 1498f. The attorney-general and his assistants shall advise the state warden concerning the discharge of his duties and assist him in the enforcement of the fish and game law. aid in the prosecution of cases arising under such law or in which said warden or any of his deputies shall be interested as such officers, and conduct the prosecution when for any reason said warden shall deem such prosecution necessary; assist him in the investigation of matters relative to the law protecting fish and game and the violations thereof in such manner and at such times as shall be necessary. District attorney: Sec 1498g. It shall be the duty of every district attorney to prosecute actions for violations of the law relating to fish and game, when complaint is made by the state fish and game warden or any deputy, if his presence at the trial of such offender against such laws shall be deemed necessary by the magistrate before whom the same shall be brought. Disposition of fines; Game fund: Sec 1498h. [As amended by Laws of 1899, chap. 312.] The fines collected under the laws regulating the taking, possession, killing or transportation of fish and game, including the violations of the acts rela- tive to the granting and holding of licenses to hunt certain game, shall be paid by the magistrate to the county treasurer, and one-third of said amounts so received as fines shall be by said treasurer designated and set apart as a fund for the protection of fish and game and to reimburse the county for the moneys which it shall expend for the enforcement of the fish and game laws. Nonliability: Sec 1498j. In the performance of his duties as warden or deputy warden each of them shall be exempt from any and all liability to any person for acts done or permitted or property destroyed under and by virtue of the authority of law. Public nuisance; Seizure; Sale of seized game: Sec 1498k. It shall be the duty of the warden, each of his deputies and of every sheriff, deputy-sheriff, con- stable or other peace officer to destroy forthwith any article or thing declared by law to be a public nuisance when found or taken in the unlawful use which, according to law, makes the same a public nuisance; and no liability shall be incurred to the owner or any other person for such destruction. Said warden and each of his deputies may seize and take possession of, in the name of the state, any fish, venison, birds, fowd or game caught, taken or killed or had in possession contrary to the pro- WISCONSIN. 271 visions of law relative to fish and game; and mch Hah, venison, birds, fowl 01 caught, taken or killed or had In possession contrary to the provisions of la hereb) declared to be contraband and shall be soldo by the warden or his deputy to the highest biddei 1 and any person purchasing 1 1 » • - same shall have the right to or dispose <»i the Baine in tin- -a me manner as though the said fiah, venison, birds fowl or game had been caught, taken, killed or were had in possession in accordance with the provisions of law, anything to the contrary notwithstanding; * * *. The right to have iii possession and dispose of such fish or game so seized and sold shall expire 1 i \ * ■ days after the date of the sale, and the protection to the purchaser given 1>\ tlu< Bection shall then cease. [ Last sentence added bj Laws of 1899, chap. 312. 1 Report: S» 14981. [ ^s amended by Laws of 1899, chap. 312.] On or before the thirty-first daj of I ►ecember in each year the state fish and <_ r :n 1 m • warden shall n to the governor the transactions of hie department, including the work of himself and deputies and such other information as may be valuable to the state concerning the enforcement of the fish and game laws during the year preceding. Public nuisances; Destruction: Sbc. 1498o. [As amended by haws of 1899, chap. 312.] The following are declared to be public nuisances: ******* ;. Any nets Bpread upon or under the Burface of any of the waters of the state which shall <>r might entrap or ensnare any wild fowl of any kind. Yny trap, snare-. Bpring gun, set guns or other device or contrivance which might entrap, ensnare or kill any animals, birds or water-fowl protected by law. \ny boats, lamps or lights when used in the unlawful taking or attempting to take fish or game. 7. Any pivot or swivel gun or other firearm, not habitually held at arm's length and discharged from the shoulder, while the same shall be in unlawful use. ******* \ ny boat, floating raft, box or blind set in open water or outside a natural growth of grasses or rushes sufficiently high to conceal the boat, raft or blind, or an artificial blind set in open water for the unlawful pursuit, hunting or shooting of any wild ■ luck, goose or brant. 10. All dec..ys Bet in any of the waters of the state, during the close season for the hunting of any variety of water-fovi I as prescribed by law, and any decoys set in the water more than two hundred feet from the cover, which said cover shall be construed to mean the weed-, rushes or other vegetation in which the hunter may locate, or any place in which the hunter -hall wholly or partially conceal himself. 11. The unlawful u>e «.f any of the articles mentioned in this section, contrary to the provisions of law. shall forfeit the same to the state, and upon their being found under any of the conditions which shall render them public nuisance- as specified herein they may be immediately destroyed. Examination of license records: Sec. L498t. [As amended by haws of L899, chap. 312.] The state fish and game warden, or either of his deputies may, at any time examine the records of licenses issued by county clerks. Annotated Statutes, 1898, chap. 185, p. 2753. Decoys; Hunting- license fund: Sec. 4.">»;:5h. [As amended by haws of 1903, chap. 4.">7, prohibiting use of more than l'"> decoy- in hunting aquatic fowl.] All de- coys used in violation of the provisions of this section are hereby declared to be Contraband, and may he seized and sold to the highest bidder under the direction of the game warden, and the net proceeds of the sale togo into the hunting li< fund. \,-t of put; 272 GAME COMMISSIONS AND WARDENS. Confiscation of guns, &c. : Sec. 4565c. [As amended by Laws of 1905, chap. 514. Establishes close seasons for rabbits, squirrels, and fnr-bearing animals.] All guns, traps, boats or other implements used in violating any pro visions of this sec- tion, and all game taken in violation thereof may be seized, confiscated and sold by any warden as provided by law. * * * Laws of 1899, chap. 312, p. 562. Deputies' reports; Statistics: Sec 3. [As amended by Laws of 1901, chap. 408.] All deputy wardens, whether special or county shall make it [to] the state fish and game warden full and complete reports of their transactions as such, according to the demand of the state fish and game warden and shall at all times be held subject to his discretion and control in the performance of their duties. They shall also gather and transmit to the state fish and game warden any and all statistical infor- mation relative to fish and game as said fish and game warden shall from time to time call for. * * * Special deputies' compensation and expenses: Sec. 4. [As amended by Laws of 1901, chap. 358.] The two special deputy wardens appointed for each congres- Bi< inal district, and the additional special deputy wardens who may be appointed shall each receive a per diem to be fixed by the state warden, by and with the ap- proval of the governor, which per diem shall include pay for such days as each such deputy shall be under the direct order of the state warden to perform services in the enforcement of the fish and game laws, and upon certificate of said warden that such services have been actually rendered at his instance and under his direction. In addition to the per diem provided for, such deputies shall receive their actual neces- sary expenses incurred while working under the direction of the state warden, which expenses shall be paid upon vouchers therefor approved by the governor and coun- tersigned by said state fish and game warden. Confiscation of unmarked packages: Sec. 19. [As amended by Laws of 1901, chap. 358. Requires all packages containing game to be marked so as to disclose the number of each variety of birds or animals.] Any shipment made or had in posses- sion in violation of this law may be seized, confiscated and sold by any warden as provided by law. Confiscation of improperly addressed packages: Sec. 20. [As amended by Laws of 1901, chap. 358. Requires consignors of game to place name and address of shipper and name and address of consignee upon every package delivered to a com- mon carrier.] Any shipment made or had in possession in violation of this law may be seized, confiscated and sold by any warden as provided by law. Examination of packages: Sec. 22. It shall be within the power of every officer charged with the enforcement of laws protecting fish and game to examine and open any package in the possession of a transportation company, which said package he shall suspect or have reason to believe contains contraband fish or game. It is hereby made the duty of every common carrier, agent, servant or employe thereof, to permit any officer charged with the enforcement of laws for the protection of fish and game to examine and open any package or parcel in the possession of said com- mon carrier, or agent, servant or employe thereof, which the said officer so charged with the enforcement of said laws shall suspect or have reason to believe contains fish or game protected by the laws of the state, and not entitled under such law to be transported, or when the said officer shall suspect or have reason to believe that the said package or parcel is falsely labeled. Any person, firm or corporation refus- ing to an officer charged with the enforcement of the fish and game laws permission to examine or open any such package or parcel or shall in any manner hinder or impede such action by the said officer, shall forfeit to the state of Wisconsin a sum not less than fifty dollars nor more than one hundred and fifty dollars, in the discre- tion of the court. WISCONSIN. Officer of another Stat.-; L in} officer of an} othei bo Is l»\ the laws of said state authorised or directed to enforce the fish and game la ;.u<- is herein designated and declared an agent of laid state within thii An.l it Bhall be law nil for said officer to lollop anj fish or game unlaw tally shipped br taki-n from bis state into this state and seize the same, and convey the same back t.> hie om n Btate, and bo far ae i onoerns said fish or game so Bhipped or brought from ■aid state into this Btate, the laws of tin- state from which the same was brought int. ► ihis state -hall be ileclared to be and are hereby constituted the laws of this jponcern [ing] such fish or game. And transportation companii - are berebj author- Led to deliver t.. Buch officer of another Btate, upon submission of proper proof of pis official capacity, an} fish or game so demanded or seized by him. and he, the -aid officer, is hereby authorized to take with him Buch fish or game to his on n - Dr the said agent may dispose of said fish or game within this Btate, in accordance with the laws of the Btate from which the same was Bhipped, Buch disposition to be Bade under the supervision <>f an officer of this Btate authorized and directed to Enforce fish and game laws, and the expenses of such officer for his assistance shall be made a lien upon such fish or game, or the proceeds thereof. Cold storage warehouse: Sec. 25. [Prohibits possession of game out of season] and it is hereby made the duty of any owner or occupant of any cold-storage ware- or building used for the storage or retention of fish or game to permit the entry and examination of the premises by any officer authorized to enforce fish and game iaw -. And the said ow mr. occupant, or agent, or servant, or employe thereof, shall deliver to said officer or agent any fish or game in his possession during the close i therefor, whether the same shall have been taken within or without this state, and whether the same shall have been taken law fully or unlawfully. Any . who shall have in his possession or under his control any fish or game pro- tected by the laws of this Btate, or who shall refuse to permit any officer charged with the enforcement of fish and game laws, entry into any cold-storage warehouse, ind possession of any fish or game th rein contained, during the close season for such fish or game, shall be punished by a line of not less than fifty dollars, nor more than one hundred and fifty dollars, or by imprisonment in the county jail not less than sixty .lays nor more than four months, or by both such fine and imprisonment Officers of other States: Sec. 27. The state game warden of every other state, and his deputies and all other officers charged with the enforcement of fish and game law- are hereby designated the agents of this state for the taking possession of, seiz- ing, holding and disposing of any fish and game protected by the laws of this state. Seizure of game illegally transported: Sec. 28. It shall he unlawful and is prohibited fur any person, firm or corporation or common carrier to ship into, or through this state from any other state any fish or game prohibited by the laws of said state to he shipped or transported and it shall be the duty of the state fish and game warden of this state or his deputy, to seize, hold, and dispose of, according to the laws of this state, any fish or game brought into or shipped into this state, or tarried through, or attempted to he carried through this state, prohibited to shipped or transported by the laws of any other Btate, and further to dispose of the lame according to the laws of this state. * * * License fund: Sec. 29. All such [hunting] license money so received shall aside by tin- state treasurer and shall constitute a fund for the payment of the special deputy game wardens. The liability of the Btate for per diem salaries and expenses Of deputy game wardens appointed under this act or otherwise and for all other services and expenses incurred, for any purpose under or in consequence of this act shall he limited to the license fees paid in pursuance of this act, and in no event shall the state pay any such salaries or expenses or he liable in any manner therefor, except to the extent of such license fees received by it under this act, any contract. 274 GAME COMMISSIONS AND WARDENS. express or implied, of the game warden to the contrary notwithstanding. And said game warden shall not issue any voucher, nor shall the governor approve any voucher, if issued by said warden, under the provisions of this act or otherwise for any such per diem, salary, services or other expenses of any kind unless the money to pay such voucher received for licenses issued under this act, shall at the time be on hand to pay the same. Approved May 2, 1899. Laws of 1901, chap. 358, p. 507. License fund: Sec. 6. All moneys sent to the state treasurer in payment of hunt- ing and fishing licenses and all moneys scut to the state treasurer by any game warden as the proceeds of any sale of confiscated fish or game" shall be set aside as a fund to be known as a hunting license fund. Confiscation of deer without coupon: Sec 28. [Requires residents and nonresi- dents who kill deer to attach one of their license coupons to the carcass.] Any carcass or part of a carcass of any deer had in possession in or near any hunting camp or found in transit or in any place for sale or storage, without the section of the hunting license coupon mentioned attached, may be seized, confiscated and sold by any warden as provided by law. * * * Approved May 13, 1901. Laws of 1903, chap. 437, p. 712. Boat, etc., illegally used: Sec 14. Any boat together with its machinery, sails, tackle, and equipment, and any gun used in violation of any of the fish and game laws of this state, is hereby declared to be contraband and may be seized, confiscated and sold by any game warden, to the highest bidder, and the net proceeds of sale paid into the state treasury and credited to the hunting license fund. Dog-s: Sec 24. * * * Any dog found running deer in this state is hereby declared a public nuisance. Confiscation of hides, etc. : Sec 25. [Amending sec. 14, chap. 311, Laws of 1899. Prohibits sale and transportation of green hides, heads and carcasses, or parts of deer between Dec. 3 and Nov. 12, and permits shipment into the state of dry hides for manufacturing purposes, from other states at any time.] Any shipment made and had in possesion in violation of this section may be seized, confiscated and sold by any warden as provided by law. * * * Approved May 22, 1903. Laws of 1905, chap. 404, p. 656. Special deputies; Commissions: Sec 1. All special deputy fish and game war- dens shall, before exercising any of the power and authority of a warden, be provided with a commission issued by the State fish and game warden under the seal of his department and approved by the governor. Such commission shall contain the date on which the term for which said special deputy fish and game warden is appointed, shall expire, and shall be substantially as follows: State of Wisconsin. Department for the Protection of Fish and Game. To all to whom these presents shall come, greeting: Know ye that reposing special trust and confidence in the integrity and ability of .■ , of the county of , I do hereby, with the consent and approval of the governor, appoint and constitute him a special deputy fish and game warden for the state of Wisconsin, and do authorize and empower him to execute and fulfill the duties of thai office according to Una until unless this commis- sion is -• " >ner rev< >ked [n testimony whereof, I have hereunto Bel raj hand and affixed the §eal r»l my office at Madison, Wisconsin, thii -daj oi . proved. State I i-ii and ( iame Warden. a ernor. Identification card: S» 2. The game warden department Bhall furnish each and every special deputy ti>h and game warden at the time of his appointment ■ pocket identification card or folder in form and Bubetance as follows: \ Leath< i ered folder, Biae a hen folded three by four inches, on one of the inner sides thereof shall be securely fastened a photograph of Buch appointee to 1"- furnished by him and partly on the photograph and partly of the margin of such folder Bhall be an impression of the seal of the game warden department; Buch appointee Bhall also affix his signature below the photograph on such folder. On the other inner Bide of such folder shall be securely fastened a miniature true copy of the commission issued h appointee which shall Designed by the state fish and game warden. Such appointee when exercising the authority conferred upon him shall on demand of any person to whom he may represent himself as a deputy game warden, exhibit such identification card. When on official duty, such appointee Bhall at all times carry such identification card on his person. Impersonating deputy: See. •">. Any person who .-hall falsely represent himseli to be a special deputy fish and game warden or who shall assume to act as such with- out having been first duly appointed as herein provided, shall be punished by imprisonment in the county jail not more than six months or by a fine not to ei one hundred dollars. Laws of 1905, chap. 405, p. 658. Ferrets: >i:« . 2. ' * * All ferrets used in violation of this act are hereby declared a public nuisance and may be seized and disposed of by the State fish and • warden in the manner provided by law. Laws of 1907, chap. 287. Sale of confiscated game: Sec. 1. There is added to the statutes a new section to read: Section 4560a — 11. All protected birds, fowls or animals confiscated by any warden shall besold at the highest market juice, the proceeds thereof to be turned into the State treasury and credited to the hunting-license fund. The State game warden or his deputies shall issue a certificate to the person pur- chasing, certifying that the same was legally obtained from said warden. The person so buying said game shall have three days in which to consume same, hut no pari thereof shall be re-sold by said person purchasing from said State or deputy game warden, provided that this shall not be construed to prevent any restaurant, club or hotel keeper from buying and serving said game to guests. Said name shall be I by the game warden selling same, and said tag Bhall Bhow the date of Bale and shall he returned to the said game warden within live days from the date of purchafi WYOMING. Revised Statutes, 1899, Div. 1, Title XV, p. 598. State warden; Bond: Duties; Arrest; Peace officers; Attorney; Reports; Compensation; Expenses: Sec. L'hU. [As amended by laws of l!)i>.">, chap. -44.] The Governor shall appoint a suitable person to serve as State < iame Warden, whose duties it shall be to protect the game and fish of this State, and to enforce the laws relating thereto. The State Game Warden shall hold his office for four years and 1358 — No. 28—07 19 276 GAME COMMISSIONS AND WARDENS. until his successor is appointed and qualified. Before entering upon the duties of his offiee the State (nunc Warden shall execute a bond to the State of Wyoming in the penal sum of ($3, 000) three thousand dollars conditioned for the faithful per- formance of his duties, and his bond shall be approved by the Governor. The Gov- ernor.shall have power, at any time, to remove the State Game Warden, for miscon- duct or" neglect of his duties, upon written charges duly preferred; but the State Game Warden shall he heard in his own defence. He is hereby authorized 1 1 arrest, without warrant, any person or persons found violating any of the provisions of the game and fish laws when detected in the actor found with game or fish in their 3sion at the time of arrest. The State Game Warden shall be an active execu- tive officer, and shall at all times when possible take the field in person, in the per- formance of his duties. He shall personally supervise the protection of all game, and the detection and punishment of violators of the game and fish laws. * * * Whenever the State Game Warden, or his legal assistants, meet with resistance, when attempting the arrest of any person or persons, for a violation of the game or fish laws, he, or his assistants shall have power and authority to call upon any peace officer or any citizen of Wyoming to assist in making such arrest. The State Game Warden is hereby authorized to employ an attorney to prosecute violators of the game and fish laws, when deemed necessary, such attorney to be paid from the State game fund. Provided, that not more than ($200) two hundred dollars per annum be expended in this manner. The State Game Warden shall be required to make an annual report to the Governor, and all Assistant Game Wardens be required to report monthly to said State Game Warden. The State Game Warden shall be paid the sum of ($1,500) fifteen hundred dollars per annum, payable monthly from the gen- eral fund of the State together with an allowance of ($200) two hundred dollars per annum for contingent expenses. Assistant wardens; Compensation; Bond; Forest rangers: Sec. 2102. [As amended by Laws of 1903, chap. 44.] The State Game Warden shall have power to appoint such assistants as are necessary, in the various counties of the State, to properly enforce the laws and he is hereby authorized and directed to appoint three Assistant Game Wardens from different parts of the State, no two to be appointed from any one county, to be paid an annual salary of (S900) nine hundred dollars, each, payable quarterly out of the State Game Fund, and he is hereby authorized and directed to appoint one or more special Assistant Game War- dens as the emergency may demand, in any county of this State: said special Assist- ant Game Wardens to be paid the sum of three dollars per day during the time of actual service. All salaries to be paid from the State game fund after the accounts have been approved by the State Game Warden. The three Assistant State Gam« Wardens shall execute a bond to the State of Wyoming in the penal sum of (81.000) one thousand dollars each, and all special Assistant Game Wardens shall execute a bond to the State of Wyoming in the penal sum of (8500) five hundred dollars each, conditioned for the faithful performance of their duties, said bond to be approved by and filed with the State Game Warden; and they shall have the same power to make arrest as the State Game Warden. Their commissions may be revoked, at any time for good and sufficient cause, by the State Game Warden. Provided that persons employed in this State by the Federal Government for the protection of the various forest reserves and known as '"' forest rangers " may be appointed special Assistant State Game Wardens without pay or bond, and at the pleasure of the State Game Warden. And it is hereby declared by the Legislature of the State of Wyoming, that the office of "forest rangers'' under the Department of the Interior" of the United States shall not be incompatible with the office of special Assistant Game* Warden, within the meaning of Section 19 of Article 6 of the Constitution of the state "Now under the Department of Agriculture. WT0MI1 ,,i Wyoming !• • F n shall file with the Governor .1 list of all stant and Special \ en* appointed b) him. Appropriation; N fduty Bm 2103. | Is amended b) Lawe of 1905, chap, rhereis h< rebj appropriated out of the monies of this 8tate, nol otherwise appro* 1, the sum <>i ^l'.ihni two thousand dollars . or so much thereof ;i- m essary for the \« redited to the State i rame Fond a- hereinafter provided lor, u henever the attention of the State Game Warden or any Assistant State Game en, Sheriff, I>«'|.ut\ Sheriff or Constable, is called to any violation of any of the of this title, ami he shall fail to take proper Btepe for the arrest and <-<»n- \ iction of any perw r corporation charged with such violation, he -hall be deemed guilty of a misdemeanor, and upon conviction thereof shall Ik- fined in a sum uot less than tiny nor more than two hundred dollars, and shall have his commission revoked. Prima facie evidence: Bbc. 2106. [As amended by Laws of L907, chap. 102.] * * * it at any time any person -hall Ik- found in | — ession «>t" any partri prairie hen. prairie chicken, grouse, or Bage chicken, at any other time than between the dates above mentioned [close season] or any other fowls or birds mentioned in this section [snipe, greenshank, tatler, godwit, curlew, avocet, wader, plover, quail, lark. .'!• 'other insectivorous birds,' ] except in the open season therefor, it shall he prima facie evidence that the same was killed, netted, ensnared, or trapped by such q in violation of the provisions of law. * * * Prima facie evidence: Sec. 2109. [As amended by Laws of l'.'i'r, chap. 102. Limits number of game animals that may hi' killed.] The possession of such car- ircasst ?, >>r part of carcass, skin, scalp, antlers, tusks or tusk, in excess of the number allowed by the provisions of this chapter shall be considered prima fade evidence of the violation of this section. * * * Guides; Responsibility; Definition of g-uide: Sec. 2110. [As amended by Laws of 1907, chap. 102.] * * * Every person acting as guide in this State shall I Officio Assistant Game Warden and shall file with the state Game Warden his oath of office as such Assistant Game Warden. Any guide who shall fail or refuse to report any violations of the game or fish laws by the persons employing him, or by any other person known to or observed by him violating said laws shall he liable to the penalties prescribed in Section 2116 of this act, and any guide who shall fail or to furnish a sworn report to the >tate Game Warden a- hereinbefore pro- vided, shall have his certificate revoked by the Justice of the Peace who granted the same whenever the said State ( rame Warden shall file with said Justice of the I an affidavit complaining that such guide failed or refused to report according to the provisions of this section; and any guide having his certificate so revoked shall he ineligible to act a- guide in this Mam for a period of five years from the date of revo- cation of his certificate. The State < rame Warden and his assistants are hereby author- ised and directed t<> keep a list of all guides, \\ hose certificates have been revoked and to tile a copy of such li-t with the ( 'ounty ( Jerks of the various counties of this State for the information of the Justices of the Peace: and it shall he unlawful for any Justice <>f the Peace to issue a guide's certificate to any person whose certificate has been revoked as hereinbefore provided for, or to any person who may hereafter he con- I of any violation of the game or 6sh laws of this State. Every Guide who as ax-officio Assistant Game Warden makes an arrest ami convict.- any offender of any violation of the game or lish laws of this State shall In- entitled to receive three dollars per day for each day actually employed in making the arrest and securing the conviction: to be paid from the State Game Fund, when the account has been approved by the state < rame Warden. Any person who shall, for pay, aid or assist any person or party in locating, pursuing, hunting, and killing any of the game ani- mal- of this State, shall be deemed a guide within the meaning of this section. Search of camps, etc.: Sec. lM12. [As amended by Law- of 1905, chap. 69.] * That the State Game Warden and his assistants and all Sheriffs and ('on- 278 GAME COMMISSIONS AND WARDENS. stables of this State shall have the right to search any camp, camp outfit, pack or pack animals for carcasses, hides, scalps, or tusks, or other parts of animals killed in violation of the provisions of this chapter. Production of license; Separate offense; Jurisdiction: Sec.2113. [As amended by Laws of 1903, chap. 44.] It shall be the duty of all persons holding licenses [hunting] as herein provided for, to produce the same when demanded by any duly authorized officer of the law. Each act of pursuing, killing or hunting of any of the animals mentioned in this chapter, without a license, shall be considered a distinct and separate offense. The several district courts of this State shall have original jurisdiction, as well as Justices of the Peace, of any violation of the provisions of sections 2107 to 2115 inclusive. Disposition of license fees: Sec. 2114. [As amended by Laws of 1907, chap, 102.] All moneys, collected for licenses and for certificates to guides, as herein pro- vided, shall within thirty days after the receipt of the same by any Justice of the Peace, be paid into the State Treasury. Every Justice of the Peace shall also furnish the State Treasury, with each remittance, a list of the names of all persons who have secured from him licenses and guide certificates and the date of such licenses and certificates. All moneys so paid into the State Treasury shall be credited to the general fund. Taxidermists: Sec. 2120. [As amended by Laws of 1905, chap. 69.] * * * All professional taxidermists who mount specimens of game animals, birds or fish for profit shall be required to keep posted in a conspicuous place, in their respective shops or offices, a list of the names of all persons who furnish them with raw or unmounted specimens; and such taxidermists shall be required to exhibit such list, together with all unmounted specimens in their possession, to the State Game War- den or his Assistants upon request. * * * County warden; Compensation; Oath; Neglect of duty; Deputies: Sec. 2124. [As amended by Laws of 1903, chap. 44.] For the more certain detec- tion and punishment of the violators of the provisions of this title the Board of County Commissioners of any county may, in their discretion, appoint a Game and Fish Warden for the county, who shall hold his office during the pleasure of said Board, and shall be subject to removal at any time. He shall receive such com- pensation as the Board of County Commissioners may determine, which shall be at a rate not to exceed three dollars per day for the time actually and necessarily employed by him in the discharge of his duties, and he shall be paid out of such funds as the Board may direct. Before entering upon his duties he shall take and subscribe an oath before some officer authorized by the laws of the State to admin- ister oaths, to faithfully perform the duties of his office. Whenever the attention of the County (Tame and Fish Warden is called to any violation of the provisions of this title, and he shall fail to take proper steps for the arrest and conviction of any person or persons or corporation charged with violating any of the provisions of this title he shall be guilty of a misdemeanor, and upon conviction thereof shall be lined in any sum not greater than one hundred dollars and shall have his commission revoked. Provided, that nothing in this chapter shall prevent the State Game Warden from appointing such deputies in each county as he deems necessary, as hereinbefore provided. * * * Disposition of fines: Sec 2125. [As amended by Laws of 1903, chap. 44.] Upon the arrest and conviction of any person or persons violating any of the provisions of the Game and Fish Laws the whole of the fine shall be paid into the general School Fund. Arrest; Seizure; Sale of seized game; Game fund: Sec 2126. [As amended by Laws of 1905, chap. 69.] Any officer authorized to enforce the Game and Fish Laws of this State may, without process, arrest any violator of any of the provisions of this chapter, and such officers shall with diligence cause such person to be taken WYOMING. _ i •' e the pn '[•«•!< ••in t for trial 01 examination, which trial or examination -kill i>«- bad u | «.'ii complaint e Hold to the best advantage, and the monej derived from the thereof shall be paid into the State Treasury i" be credited to the State Game Fuiul. Laws of 1907, chap. 47, p. 52. • prohibiting rapture, destruction or mutilation of game animals for their heads, antlers, horns, or tui Reward: S» . 2. The State Grame Warden Is hereby authorized to offer a reward pot to exceed three hundred dollars for evidence leading t<> the arrest and conviction of any person, <>r persons, violating the provisions of Section I. hereof, which reward, when certified by the state Grame Warden, shall be paid out of the Btate game funds. Approved Feb. 16, 1907. I X 1 1 1 X ts, hunting - gallon, modi Injunctions, BO II. replevin. 1i Administration of game laws, 43-59. Aid in arrest Alabama, law, !S; nunary, 100-101. Alaska, law, 141. nary, 101. ition of hunting licenses, S4. tment, city ward.-- con miatj mere, it>. county wardens di-trict ward 'lis. 26. - ite wardens, 20. •priations, 10-41, ^2,83. in 1906, 10. Ari/.«>na. law, 141-1 12. summary, 101. Arkansas, law, 142-143. summary, 101. ;3-53. aid In, 60-61. California. 39. extradition, nl-53. power of, 43. Sunday. 44. trespassers, by landowners, 51. without warrant, 45-49. Attempts to violate law, 43. Attorneys, 60-61. B, 61. Audubon Society, Michigan, selection of ward- ens, a North Carolina, warden serv- ice, li South Carolina, warden serv- ice, 18,30. Bip Lake Shooting Club. B0.81, Bitteuhaus v. Johnson, 79. Blinds, nuisances in Wisconsin, 59. Board of ti^h and panic commissioners, first, 12. Board meetings, commissioners, 17. - Bohemia River, policeman, 31. ommissioners', 16. COQnty wardens', 24. state wardens', 21. California, arrests and prosecutions, 39. law, 143-145. summary, 101-102. warden system, 27. Cameron r. Territory. 229. Cecil County, Md., ducking police, 31. Certificate 01 purchase. 57. Charge to grand Jurj ■ Chesapeake Baj . ducking police, 11 Chisholm a Calm City wanlens. II 1. 26 27. Civil actions, fa, ~* Bl Clerks to COmmissloneri and wardens, 24. Cold storage • Colorado, law, M"> 150. summary, 102. warden system, 27. Commissioners, game, 18-19. Common carrier, right of search, Ifl t\ Compensation, commissioners, 16-17. county wardens, 2L • ■ warden- . Complaint, form, 41. Compromise of Cases by wardens, 84. Confiscation, game guns, • cticut, history of warden Bystem, 12-14. law. 150-152. summary, 104-105. warden system, 27. Constables, warden duties, 31-88. Cooperation between Stai Cordelia Shooting Club, 80-8L Coroner-, warden duties, 81. 10, 75. Counselman a Hitchcock. 70. County, moose and panic warden. 12. wardens, 14-15, 24-25. Customs collectors, warden dm Decisions, cold storage, 91. confiscation of gnu-. 58, to. destruction of tish nel - disposition of fines, 42, 76. fines, not excessive, 71. hunting accidents. 9 I. Indians. 91 < 94, 01-95. injunction, so gi, property in game 78. reward-. 7-., 77. aeisui trespass, 80-81. Bntenhaus / . Johnson, 79. Cameron r. Territory, 229. Cherokee Trust Funds, 91. Chisholm v. Cain< Counselman v. Hitchcook, 70. Ex parte BfcMahon, 7»*.. Connecticut, 7s. Haggerty a Bt Louis Ice Manufactur- ing and Storage Co., 91. Hornbeke p. white, 7y. In re Blackbird, 93. In re Lincoln, 93. In re Stone, 71. 2S1 282 GAME COMMISSIONS AND WARDENS. Decisions (cont'd), Kellogg i>. King, 80-81. Lawton v. Steele, 58, 216. McConnell v. McKillip, 58, 79. MCMahon v. State, 71. Meul r. People, 57, 76-77. Osborn i«. Charlevoix Circuit Judge, 81, L84. Parrott v. Wilson, 77. People v. Johnson, 79. Rockefeller v. Lamora, 81. Selkirk v. Stevens, 94. State ex rel. Reynolds v. Capital City, D. C, 80. State ex rel. Rodes v. Warner, 76. State v. Campbell, 93. State v. Cooney, 93-94. State v. Craig, 71, 176. State v. De Lano, 42, 71, 76. State v. Horton, 90. State v. Lubee, 71. State v. Newell, 91. State v. Poole, 56, 65, 71. State v. Rodman. 71. Thomas v. Northern Pacific Express Co., 78. United States v. Kagama, 92-93. Ward v. Race Horse, 94-95. Wells Fargo Express Co. v. State, 143. Deer, penalties for killing, 72-73. Delaware Game Protective Association, 18, 36, 46. Delaware, law, 152-155. summary. 105. Disposition of seized game, 55-56. District of Columbia, law 155. summary, 105. warden system, 25. District wardens, 26-27. State retaining, 14-15. Dogs, 85-87. destruction, 85-86. public nuisance, 86. training, 89. Ducking police of Maryland, 12, 31. Ducks seized in Minnesota, 56. Eastern Shore Game Protective Association, 26. Elk River, Md., policeman. 31. Evidence, prima facie, 65-71. special, 65-71. Executive officers of commissions, 18. Ex parte McMahon, 76. Extradition, 51-53. Fees. 32, 34. attorneys, 61. Felonies under game laws, 62-63. Ferrets, 87. Fines, 32, 34, 39, 71-73. excessive, 65. not excessive, 71. paid to wardens, 84. First board of fish and game commissioners, 12. First fish warden. 11. First State game warden, 12. Fish commission, earliest, 12. Fish wardens, 11. Florida, law, 155-157. summary, 105-106. Forest Dangers, 32. Forest service officials, 32. Forestry wardens, 14. Forgery, 84. Fund, game protection, 10, 34-42. Game, confiscation, 56-57. property of State, 78. seizure, 56-58. Game commissions, 15, 16-19. constable, 12. farm in Illinois, 39. laws, number, 9. officials, development, 11-15. protection fund, 34-42. protective association, police powers, 12. societies, warden duties of members, 32. wardens. State. 19-24. Geer v. Connecticut, 78. Georgia, law, 157-158. summary, 106. Grand jurors required to prosecute, 32. Grand jury, charge, 83. Guides, warden duties, 31-32. Guns, seizure, 46, 47, 48, 49, 58, 59, 79. Haggerty v. St. Louis Ice Manufacturing and Storage Co., 91. Harford County, Md., ducking police, 31. Harrison v. Fite, 81. Hornbeke v. White, 79. Hunters, number in United States, 9-10. Hunting accidents, 89-90. licenses, alteration. 84. forfeiture, 85. production on request, 85. revocation, 85. on public lands, 95. paraphernalia, seizure, 46,47,48,49,59. without license, penalties, 72-73. Idaho, law, 158-161. summary, 106-107. warden system, 27-28. Illegal appliances, seizure, 58-59. Illinois, game farm, 39. law, 161-165. summary, 107-108. warden system, 28. Imprisonment. 74-75. terms provided by statutes, 73-74. Indiana, law, 165-167. summary, 108. Indian depredations, 50-51, 96-98. , Indians, 91-98. Informers, rewards, 75-77. Injunction, 80-81. In re Blackbird, 93. In re Lincoln, 93. In re Stone, 71. Iowa, law, 167-169. summary, 108-109. warden system. 28. Judgment, suspension, 84. Jury, charge, 83. Jurisdiction throughout State, 27. Kansas, law. 169-171. summary, 109. warden system, 28. Kellogg p. King, 80-81. Kentucky, law, 171-172. IM'1 \. ! publication, - udgment, 84; transportation ..I seised gam Illinois, form of search warrant, >i. liability tor w r< Qgful n -as, warch . Male'- i \ dgan, cooperation with other Btal Minnesota, cold Btorage, 90; forfeiture of li censes, B5; search, '•■• ■ extraditioi - inday mr»--t . 14. . York. State's ey Idem <•. 70. i Dakota, Indian; Pennsj Ivania, cos Tennessee, charge to grand jurj 3 rch by common carriers w -t Virginia, search, onsin, extradition, 53; seizure, 59. Law ton v, Steele, 58. 216. •'!■'• • in as a source of revenue, 34-46. Limitation, statutes, '.J 64. Local officers, 31. ina, law . 17.'- 17:;. summary, 1 10. Maine, law . 173-178. summitry, llu-lll. warden system ■arcbals, warden duties, 31, 32. Market masters, warden duties 31. nd, law. 17- Bummary, 112. warden Bystem, 28. husetts, law. 182- 184. summary, 112-113. nell r. McKillip, 58, 79. on r. State, 71. Menl r. People. 57, 76-77. Michigan, history of license system, 35-36. law. 184-188. summary, 113-114. warden system, Minnesota, law, ivs-193. summary, 114-115. warden Bystem, 29. ppi, law. 193-194. summary, 115. iri, law, 194-195. summary, 116. :ia. law. 195-200. summary, 116-117 warden system, 29. ardens, 11. ska, law, 201-204. summary, 117-113. ■ure. 46. 47. 4s. 59. la, law, 204-205. summary, 119. New Hampshire, law, 2O5-206. summary, 119. warden system, 29. nun. warden ij item summer) . 1 .'"-i ji. New VOTk, 1m.'. sum man • l -' 1 ; warden system, - Nongame bird wardens, - North Oarollna audubon - North Carolina, law . 217 summary rden system, 30. North Dakota, law, 219 221. license -> stem, 128. Nui-am • Offenses, separate, 1 Offenses connected with bunting licenses, 84, Ohio. law. 221 226. summary, 128-124. Office, Officers, local, 31. miscellaneous, :u-33. .1. 81. subordinate, 26-81. Oklahoma, law, 226-229. Bummary, 124-125. Oregon, law Bummary, 125. Osborn /■. Charlevoix Circuit Judge, 81, 184. Oyster police boat, commanders, 26, 32. Packers, warden duties, 31-32. Parrott v. Wilson. 77. Peace officers, warden duties, :;i-33. Penalties, hunting without license, 72-73. killiiiL; deer, 72-78. killing quail, 72-73. Pennsylvania, law, 288-242. summary, 126*127. warden system, 30. People v. Johnson, 79. Perquisites. •24.27. Police officers, warden duties, 31-33. Posse summoned by wardens, 50. Prima facie evidence. 65-71. Prosecutions, 60-77. California. 39. report-. 77. suspension, 84. Prosecutors. 60. Protector-. 29,80. Public land-, hunting on, 95. Publication oi laws and reports, 82-88. Quail, penalties for killing. 72-73. Qualifications of game warden* Raft, seizure, 59. Repeals, effect, 77. Replevin, 78 Reports, publication, B2-88. Reports of game wardens quoted: California, 1904, 39. Colorado. 1901-2. 50-5L Missouri, 1905. 32 Tennessee, 1907, 21. Wyoming, 1906, 97-98. Revenue-cutter officers, 32. 284 GAME COMMISSIONS AND WARDENS. Rewards to informers, 75-77. Rhode Island, law, 243-244. summary, 127. Rockefeller v. Lainora, 81. Road supervisors, warden duties, 31. Salaries, 26. Sale of confiscated game, 56-57. School fund, 42. Search, with warrant, 53-54. without warrant, 54-55. Search warrant, form, 54. Seasons, uniform, 89. Seized game, disposition, 56-58. transportation, 58. Seizure, 55-56. guns, 46, 47, 48, 49, 58, 59, 79. illegal appliances, 58-59. without warrant, 32. wrongful, 59. Selkirk v. Stevens, 94. Separate offenses, 64-65. Service, term, 16, 20-21. Sheriffs, warden duties, 31-33. Societies enforcing game laws, 18-19. Australia, 18. Delaware, 18, 19. New Jersey, 19. Nova Scotia, 18. 'Sooners,' 88-89. South Carolina Audubon Society, 18. South Carolina, law, 244-247. summary, 128. warden system, 30, 31. South Dakota, law, 248-251. summary, 128-129. Special officers, 31. State ex rel. Reynolds v. Capital City, D. C, 80. State ex rel. Rodes v. Warner, 76. State game warden, earliest, 12. State game wardens, 19-24. State's evidence, 70. State v. Campbell, 93. State v. Cooney, 93-94. State v. Craig, 71, 176. State v. De Lano, 42, 71, 76. State v. Horton, 90. State v. Lubee, 71. State v. Newell, 91. State v. Poole, 56, 65, 71. State o. Rodman, 71. State wardenship, cabinet position in Tennes- see, 19. establishment, 15. Statutes of limitation, 62-64. Storage, cold, 90-91. Subordinate officers, 26-31. Suits pending, West Virginia, 37. Suspension, judgment, 84. prosecution, 84. Susquehanna Flats, 12, 31. Tables: appropriations for game protection, 1905-6, 41. arrest without warrant, 46-49. details of office of game commissioner and warden, 22-23. disposition of hunting license fees and fines, 86-37. Tables— Continued. establishment of game commissions and State wardenships, 15. fines and imprisonments, 72-73. limitation of prosecutions, 63-64. prima facie evidence, 66-69. search without warrant, 46-49. seizure without warrant, 46-49. Tax for enforcement, 34. Tennessee, law, 252-254. summary, 129-130. Term of service, commissioners, 16. State wardens, 20-21. Texas, law, 254-256. summary, 130-131. warden system, 30. Thomas v. Northern Pacific Express Co., 78. Transportation of seized game, 58. Traps, seizure, 46, 47, 48, 59. Trespass, injunction, 80. Missouri, 37. Trespassers, arrest by landowners, 51. Unconstitutional provisions, Florida, 37. Michigan, 81. Nebraska, 58, 79 Uniform procedure, 43. Uniform seasons, 89. United States v. Kagama, 92. Utah, law, 256-258. summary, 131. Value of game fixed by law, 79. Vermont, law, 258-261. summary, 131-132. warden system, 30. Virginia, law r , 261. summary, 132-133. warden system, 26. Wardens receiving fines, 84. Warden system, California, 27. Colorado, 27. Connecticut, 27. Idaho, 27-28. Illinois, 28. Iowa, 28. Kansas, 28. Maine, 28. Maryland, 28. Michigan, 28-29. Minnesota, 29. Montana, 29. New Hampshire, 29. New Jersey, 29. New York, 29-30. North Carolina, 30. Pennsylvania, 30. South Carolina, 30, 31. Texas, 30. Vermont, 30. Virginia, 26. Wisconsin, 30. Wyoming, 30. Wardens, Audubon Society, 28^30. city, 26. county. 24-25. district, 25. fish, 11. forestry, 32. IM'I X. w quail Stat. Warnuit, %TP Ward < - Km < Hoi . Ion, lam ,264 ■unman luminary, i w ■ummarj . It6 136. warden lyttom ■ ■ummarj ward m. o Date Due Due Returned Due Returned |N nv 2 o «er 3 T969 MAR 2 7 1972 tyAP 7 1Q7> DEC 1 4 1972 Nov z r wl m$ 1 1 « &tf 07 wi SEP i J 1981 fmt V-L" AUG 1 6 1984 Mltb BU JiRilWB JUN2 0198S m^ft ) 3 1985 " IVut- ut*H