154 GAME COMMISSIONS AXD 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 possession 

 a swivel or 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 Vjeen 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 ju.sticein 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 examine<l. 



Funds: Sec. 12. That all fines collected by any Justice of the Peace in this State 

 under the provisions of tliis 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 1)y 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 V)e 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. 



