PROSECUTIONS. 

 WHO MAY PROSECUTE. 



Ordinarily any person may institute a prosecution for the violation 

 of the game law.s without the consent or sanction of an oiiicer. Jn 

 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 proceeding's for recovery of penalties undei- the 

 game laws can be Ijrought only by the fish and game protector, or a 

 fish and game warden, police oiiicer, constable, or member of an incor- 

 porated Hsh and gauie protective association. In New York actions 

 for penalties under the game laws must be brought on the order of the 

 forest, tish, and game connnissioner, except that private persons, upon 

 giving securit}- 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 ofiicers for otienses not conunitted in their presence 

 can 1)e instituted only upon the approval of the prosecuting attorney 

 or under direction of the attorney-general. Oregon and Tennessee 

 declare that prosecutions for violation of certain provisions of their 

 game laws must be brought on the order of the State 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 the3' 

 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. 



ATTORNEYS. 



In some States no general provision has been made for an attorney 

 to prosecute otienders 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 other 

 States have inserted in their game laws a provision requiring the 

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