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 enter 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 disposed of, 

 and then to abide by the judgment of the justice, district court or 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 provisions 

 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 costs of 

 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 suflScient 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 l)e 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 ^nd 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 causes. 



"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 judgnient 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 oi 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 pi-oceedings shall be instituted l^y any person not a duly commissioned 



