OHIO. 223 



be heard as soon as practicable on a week day following the arrest. Incase the 

 offender fails to give bond for his appearance (if any l)ond l^e required) the court 

 may order him committed to the jail of the county, or to some other suitable place 

 until the time set for the hearing of the complaint. Such prisoner or prisoners shall 

 be received by the jailor or officer in charge of the place designated by the court 

 or magistrate. It shall lie the duty of all sheriffs, deputy sheriffs, constables and 

 other police officers, to enforce all laws relating to the protection and i^ropagation of 

 birds, fish and game, and in their enforcement they shall have the same powers as 

 are conferred upon the warden, and they shall be entitled to like fees for similar 

 services. Prosecution by the wardens, or other police officers for offenses not 

 committed in their presence, shall be executed [instituted] only upon the approval 

 of the prosecutiTig attorney of the county in which the offense is committed, or 

 under the direction of the attorney general; and for his services the prosecuting 

 attorney shall receive twenty per cent, of all fines assessed ami collected upon prose- 

 cutions conducted by him. 



Seizure of guns, etc.; liien; Replevin: Sec. 7. Any gun, net, seine, boat, trap 

 or other device whatever used in the unlawful taking, catching, or killing of birds, 

 fish or game, is hereby declared to be a public nui.«ance and shall, upon lawful seiz- 

 ure by any warden or police officer, be deemed forfeited to the state; and it shall be 

 the duty of every warden or other police officer, to seize any such property and insti- 

 tute proceedings for its forfeiture, as provided in section eight of this act. When 

 any such gun, net, seine, boat, trap or other device is seized and condemned, as pro- 

 vided in the next succeeding section hereof, the cost of such proceeding shall be 

 adjudged against the owner or the user thereof at the time of the seizure, if known, 

 which judgment shall be the first lien upon his property, and against which lien no 

 exemption (;an be claimed. When a seizure of any such property has been made no 

 writ of replevin shall lie to take it from the custody of the ofticer seizing it, or from 

 the custody or jurisdiction of the court before whom such proceeding is pending, but 

 such property shall be held by such officer or court to await the final determination 

 of such proceeding; and such proceeding shall in no wise affect or bar a criminal 

 prosecution of the person so using such property in violation of law. 



Forfeiture proceedings; Sales: Sec. 8. When any gun, net, seine, boat, trap 

 or other device is seized as provided in section seven of this act, it shall be the duty 

 of the warden or other ofiicer seizing it, to safely keep such property in his pos.-^es- 

 sion, or under his control, and to institute, within three days, in the proper court of 

 the county wherein sucli property is seized, proceedings for its condemnation and 

 forfeiture. Such proceedings shall be instituted by the filing of an affidavit, describ- 

 ing the property seized, setting out the unlawful use to which it was found put, giv- 

 ing the time and place of seizure, and setting out, if known, the name of the ])erson 

 owning, or using the same, at the time of seizure, and if such person be unknown, 

 such fact shall be stated. The court before whom such affidavit is filed shall there- 

 upon issue a summons setting out the facts alleged in the afiidavit, and stating the 

 time and i)lace when the cause Avili Ije for liearing, a cojiy of which summons shall 

 be served upon the owner, or person using the property at the time of [its] seizure 

 (if he be known) personally, or by leaving a copy thereof at his usual place of resi- 

 dence, or business, if in the county, at least three days before the hearing of the com- 

 plaint. If such owner or user 1)1- unknown, or if he be a non-resident of the county, 

 or can not be found therein, a copy of the summons shall be posted uj) at a suitable 

 place nearest the place of seizure, and copy mailed him (if his address be known) at 

 lea.st three days before the time set for the hearing of tlie complaint. The officer 

 making such service shall make a retnrnon the day set for the hearing, of the time and 

 manner of making such service. The court may postpone the hearing upon a proper 

 showing by either party, for such reasonable time as may be necessary. Upon the 

 hearing, proceedings shall be had as jjrovided in section nine of this act. If the court 



