COLORADO. 147 



commissioner, a writ of replevin shall issue therein without bond. No previous 

 demand for possession shall l)e necessary. In case costs or damages are adjudged in 

 favor of the defendant, the same shall be paid out of the game fund. Neither the 

 pendency of such action nor of a criminal prosecution shall be a bar to the other, 

 nor shall anything in this section affect the right of seizure under the other pro- 

 visions of this act. 



Prima facie evidence: Sec. 19. The possession at any time of game or fish 

 unaccompanied by a proper and valid license, certificate, permit, or invoice, as herein 

 provided, shall be prima facie evidence that such game or fish was unlawfully taken 

 and is unlawfully held in possession, and it shall be the duty of every person having 

 the possession or control of game or fish 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. 



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 the county where the action 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 such corporation, but this section shall not be 

 deemed to exempt any agent or employe from prosecution. 



Division D. 



Sale of confiscated game : Sec. 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 impractical )le or is likely to incur expenses exceed- 

 ing the proceeds, in which case the same shall be donated to any nee<ly i)erson 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- 

 sioner or any warden, be paid into the state treasury, but if made by a sheriff or 

 constable shall be paid, one-half.to the connnissioner and one-half into the treasury 

 of the county where the seizure was made. 



Division E. 



Prima facie evidence: Sec. 2. The naming of game or fish upon any such menu 

 as food for patrons shall be prima facie evidence of the possession of the same 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 stupefying sulwtance or device used or intended for u.se 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 sunnnarily destroyed by any person, and it shall be the duty 

 of every officer authorized to enforce this act to seize and summarily destroy the 

 same, and no prosecution or suit shall be maintained for such destruction. * * * 



Division G. [Added by Laws of 1903, Cii.\p. 112.] 



Prima facie evidence: Sec. 10. The possession of protected game at any time in 

 the field, shall be ],nnm facie evidence that the party having such possession is 

 engaged, of has been engaged, within the year in hunting the same. 



Peace officers; Production of license: Sec. 11. The commissioner and every 

 warden throughout the state an<l every sheriff and constable within Ids re.spective 

 county, is authorized, and it shall be his duty, to arrest any person- guilty 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 



