MONTANA. 197 



and fiph laws, send any of said special deputies from the district so assigned to them 

 to perform services in another part of the state, and when such special deputy o:ame 

 and fish warden is so sent from his district to perform duties in any other part of the 

 state he shall receive pay for actual and necessary expenses incurred by him while 

 traveling outside of his district in performance of duty under the direction of said 

 state game and fish warden. 



Fund: Sec. 14. [As amended by Laws of 1903, chap. 38.] There is hereby 

 created a fund to be known as the 'Fish and Game' Fund; and all fines and licenses 

 and other monej^s cellected under any of the provisions of the Game and Fish laws 

 shall l)e paid to the State Treasurer and by him placed in the Fish and Game Fund. 



Proceeding-s; Search; Seizure; Sale of seized game; Nonliability: Sec. 16. 

 The state game and fish warden, the deputy game and fish wardens, and the special 

 deputy game and fish wardens may make comj^laint and cause proceedings to be 

 commenced against any person for violation of any of the laws- for the jsrotection of 

 game or fish and in such case he shall not be obliged to furnish security for costs. 

 Any of said wardens shall have power to search any person and examine any boat, 

 conveyance, vehicle, fish box, fish basket, game bag or game coat, or any other recep- 

 tacle for game or fish when he has good reasons to believe that he will thereby secure 

 evidence of the violation of the law. Any of said wardens shall at any and all times 

 seize and take possession of any and all birds, animals or fish which have been 

 caught, taken or killed at any time, in a manner and for a purpose or had in posses- 

 sion or under control or had been shipped contrary to any laws of the state, and 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 bird, 

 animal or fish caught, taken, or killed, had in possession, imder control, or shipped 

 contrary to any of the laws of this state shall issue a search warrant and cause a search 

 to be made in any place, and to that end may cause any building, enclosure or car to 

 be entered, and any apartment, chest, box, locker, crate, l)asket, or package to be 

 broken open and the contents thereof examined by the game and fish warden, or any 

 deputy game and fish warden, or any special deputy game and -fish warden, or Any 

 sheriff, deputy sheriff or constable. All birds, animals or fish seized by any officer, 

 as herein provided shall be sold by said officer at a time and in a manner so as to 

 receive the highest price therefor, and shall issue a certificate to the party purchasing 

 the same certifying that the same was legally obtained and possessed, and any one 

 so acquiring the same within this state shall have the right to deal therewith the 

 same as if it had been killed and was possessed in accordance with the laws of this 

 state, anything herein to the contrary notwithstanding and shall pay the money to 

 the court before whom the person having the same in possession at the time of such 

 seizure shall be prosecuted, and if the person from whom said birds, animals and fish 

 we're taken, is found guilty before said court of any violation of the fish and game 

 laws of this state, said money shall be paid to the State Treasurer, and by him 

 deposited into the fish and game fund, ])ut should it be found that the party from 

 whom the same was taken is not guilty of any violation of the game and fish laws of 

 this state, said money shall be paid to the party from whom said l)irds, animals or 

 fish were taken. No oflicer shall be liable for any damages on account of any search, 

 examination, seizure or sale as herein provided for. 



Accounts: Sec. 17. No warrant shall be issued for the amount to be paid to the 

 State (iame and Fish Warden, or any of the special deputy game and fish wardens 

 app(jinted by him, by the Auditor of the State, until itemized accounts, properly 

 verified, shall be presented by the i)i'rson to whom the warrant is to be issued or 

 until the same is certified to as correct by the (Jovernorof the State. Upon the 

 presentation of said accounts, duly verified and certified, as above, the State Auditor 

 shall draw a warrant on the fish and game fund on the State Treasurer, in favor of 



