146 GAME COMMISSIONS AND WARDENS. 



G-ame 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, co.st of reiwrt n(jt to exceed |200.] 



Peace ofScers; 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 jjerson 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 hunting 

 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 



