202 GAME COMMISSIONS AND WAEDENS. 



hundred ($300) dollars, per annum, for such service, in addition to the salary herein 

 provided. 



Powers: Sec. 4. Said commissioner and his deputies are hereby made oflficers of 

 the State with ^11 of the powers of sheriffs and constables, while acting within the 

 line of their official duties, with authority to make arrests and to serve all writs and 

 processes, civil and criminal, in the enforcement of this act, and to charge therefor 

 and collect the fees allowed by law for like services by sheriffs and constables. 



Arrest; Seizure; Search: Sec. 5. The commissioner and deputy commissioner, 

 and every sheriff and constable, in his respective county, is authorized and required 

 to enforce this act and seize any tisli or game, song, insectivorous, or other birds 

 taken or held in violation of this act, and he shall have full power and authority, 

 and it shall be the duty of every such officer, with or without a warrant, to arrest 

 any person whom he has reason to believe guilty of a violation thereof; and with or 

 without a warrant, to open, enter and examine all camps, wagons, cars, stages, tents, 

 packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, 

 and packages where he has reason to believe any fish or game, song, insectivorous or 

 other birds taken or held in violation of this act, is to be found, and to seize the 

 same; provided that a dwelling house actually occupied can be entered for examina- 

 tion only in pursuance of a warrant. 



Conveyance: Sec. 6. Where fish or game, song, insectivorous or other birds is 

 [are] seized under this act, the officer making such seizure shall have authority, upon 

 payment of reasonable compensation therefor, to also take possession of and use any 

 animals and vehicles used in such transportation f(_)r the purpose of conveying the 

 fish or game, song, insectivorous or other birds seized to a convenient railroad sta- 

 tion or place of safe keeping for sale, and also for conveying any person arrested for 

 the unlawful possession of such fish or game, song, insectivorous or other birds to a 

 place of hearing or trial, and no liability shall attach to such officer by reason 

 thereof, but this section shall not apply to any animal or vehicle while being used 

 as a i)ublic conveyance for passengers oi" mails, or to any railroad car. 



Civil action: Sec 8. The commissioner may, if he so elect, bring and maintain a 

 civil action in the name of the State for the possession of any fish or game, song, 

 insectivorous or other birds, taken, killed or held in violation of this act, or for the 

 value thereof, against any person in possession or exercising control over the same, 

 and if required by the commissioner a writ of replevin shall issue therein without 

 bond. No previous demand for possession shall be necessarj'. Neither the pendency 

 of such action nor of a criminal prosecution for the same taking, killing or possession, 

 shall be a bar to the other, nor shall anything in this section affect the right of 

 seizure under the other provisions of this act. 



Separate offense: Sec. 11. * * * a violation as to each individual animal or T)ird 

 or part thereof shall be a separate offense, and two or more offenses may be charged 

 in the same complaint, information or indictment, and proof as to a part of an ani- 

 mal shall be sufficient to sustain a charge as to the whole of it; and violations as to 

 any number of animals or birds of the same kind may be charged in the same count 

 and punished as a separate offense as to each animal. 



Prima facie evidence; Production of license, etc.: Sec. 12. The possession at 

 any time of fish or game, song, insectivorous or other birds unaccompanied by a 

 proper and valid license, certificate, permit or invoice, as herein j^rovided, shall be 

 prima facie evidence that such fish or game, song, insectivorous or other bird was 

 unlawfully taken and is unlawfully held in possession and it shall be the duty of 

 every person having the possession or control of fish or game, song, insectivorous or 

 other birds to produce the proper license, certificate, permit or invoice, when one 

 is required by this act, on demand of any officer, and to jiermit the same to be 

 inspected and copied by him. 



