168 GAME COMMISSIONS AND WARDENS. 



ber and varieties of fish distributed, and in what waters. It shall be the duty of the 

 fish and game warden, sheriffs, constables, and police officers of this state to seize 

 and take possession of any fish, birds, or animals w'hieh have been caught, taken, or 

 killed at a time, in a manner, or for a purpose, or had in possession or under control, 

 or have been shipped contrary to the provisions of this chapter. Such seizure may 

 be made without a warrant. Any court having jurisdiction of the offense, upon 

 receiving proof of probable cause for believing in the concealment of any fish, birds, 

 or animals, caught, taken, killed, had in possession, under control, or shipi^ed con- 

 trary to any of the provisions of this chapter, shall issue a search-warrant and cause 

 a search to be made in any place therefor. Any fish, birds, or animals so found shall 

 be sold for the purpose of paying the costs in the case, and the amount, if any, in 

 excess of the costs shall be turned into the school fund of the county in which the 

 seizure is made. Any net, seine, trap, contrivance, material, and substance what- 

 ever, while in use or had and maintained for the purpose of catching, taking, killing, 

 trapping or deceiving any fish, birds, or animals contrary to any of the provisions of 

 this chapter is hereby declared to be, and is, a public nuisance, and it shall be the 

 duty of the fish and game warden, sheriffs, constables, and police officers of the state, 

 without warrant or process, to take or seize any and all of the same, and abate and 

 destroy any and all of the same without warrant or jirocess and no liability shall be 

 incurred to the owner or any other person for such seizure and destruction and said 

 warden or his regularly constituted deputies or other peace officers as hereinbefore 

 named shall be released from all liability to any person or persons whomsoever for 

 any act done or committed or property seized or destroyed under or by virtue of this 

 section. 



Prima facie evidence: Sec. 255-1. It shall be unlawful for any person, company 

 or corporation to Ijuy or sell, or have in possession, any of the birds or animals 

 named in this chapter, during the period when the killing of such birds or animals 

 is prohibited, except during the first five days of such prohibited period; and the 

 possession by any person, company or corporation of any such birds or animals dur- 

 ing such prohibited period, except during the first five days thereof, shall be pre- 

 sumptive evidence of a violation of the provisions of this chapter relating to game. 



Prosecutions; Attorney General's opinion: Sec. 2559. [As amended by Laws 

 of 1898, chap. 61.] In all prosecutions under this chapter, any number of violations 

 may be included in the information, but each one shall be set out in a separate 

 count, and upon conviction there shall be taxed as a part of the -costs in the case a 

 fee of five dollars to the informant, and a like fee of five dollars to the attorney 

 prosecuting the case, upon each count upon which there is a plea or verdict of 

 guilty and judgment of conviction; but in no event shall this fee be paid out of the 

 eounty treasury. Prosecutions for violations of any provisions of this chapter may 

 be brought either in the county in which the offence was committed, or in any other 

 county where the person, company or corporation comi)lained of has had or has in 

 his or their possession any fish, birds or animals named herein and bought, sold, 

 caught, taken, killed, trapped or ensnared in violation hereof. When requested by 

 the fish and game warden the attorney general shall give his opinion, in writing, 

 upon all questions of law pertaining to the ofiice of such warden. Nothing in this 

 chapter shall be construed as prohibiting any person from instituting legal proceed- 

 ings for the enforcement of any provisions hereof. 



Trespass: Sec. 2560. [Prohibits hunting on land of another without permission,] 

 but no prosecution shall be commenced under this section except upon the informa- 

 tion of the owner, occupant or agent of such cultivated or enclosed lands. 



Deputies: Sec 2562. The fish and game warden may appoint such number of 

 deputies as he may deem necessary, who shall serve without expense to the state, 

 and whose duties shall be to report to the warden all violations of the fish and game 

 laws and aid him in the enforcement thereof. 



