SOUTH DAKOTA.^ 249 



Duties; State's attorney; Fees: [Sfx.] 3064. It is hereby made the. duty of 

 each warden and deputy warden, within his county, to see to the enforcement of the 

 provisions of the laws for the protection of ojame, and to make complaint and to 

 prosecute all violators of the provisions of said laws, which shall come to his knowl- 

 edge, or of which he shall be credibly informed; and such wardens and their depu- 

 ties, within their respective counties, are authorized to arrest without warrant any 

 person found violatino; the provisions of said game laws when detected in the act, or 

 found with the game in their possession at the time of their arrest, and to take the 

 party offending before any court having jurisdiction to try the offender, or to give 

 immediate notice thereof to the state's attorney of the county in which the arrest 

 was made, who shall forthwith make complaint or information against such offender, 

 and prosecute the same. The fees therefor shall be the same as now provided by 

 law for like service in criminal actions. 



Disposition of fines: [Sec] 3065. In all prosecutions instituted in the manner 

 set forth in this article the warden, deputy warden, or other officer instituting such 

 prosecution shall be entitled to one-half of the penalty or fine when recovered, and 

 the remainder of such penalty or fine shall go to the county game fund. 



Disposition of fines: [Sec] 3066. Any person making complaint and furnish- 

 ing evidence which shall lead to the prosecution and conviction of any offender 

 under the provisions of the game laws, shall be entitled to one-half the fine or 

 penalty, when recovered in such prosecution, .and the other half to go to the county 

 game fund. 



Game fund: [Sec] 3068. All costs that shall be collected and all fines and penal- 

 ties or shares thereof which shall be recovered and paid into the county treasury, 

 and all moneys received for hunters' licenses, and the proceeds of any and all game, 

 dogs and guns sold, shall be kept as a separate fund to be called a game fund, to be 

 expended by the board of county commissioners toward the payment of expenses of 

 the game wardens which shall be incurred in the enforcement of the provisions of 

 the game laws of this state. 



Witnesses; Exemption: [Sec] 3069. In any prosecution or judicial proceeding 

 under the provisions of any of the game laws of this state any person participating in 

 or in any way accessory to any violation thereof, may testify as a witness against any 

 other person violating the same, without criminating himself by so doing, and noth- 

 ing in the testimony which he shall so give, or in any admissions he shall make 

 in relation thereto, as such witness shall at any time be used against him in any 

 criminal proceedings against him for such violation. 



Search: [Sec] 3070. Any court having jurisdiction of any of the offenses under 

 this article, upon receiving proof by affi<lavit of probable cause for believing in the 

 concealment of any game, the killing or taking of which is prohibited in this article, 

 shall issue a search warrant and cause search to be made in any place therefor, and 

 to that end the officer serving such warrant may cause any building, enclosure, or 

 car named therein to be entered, and any apartment, chest, box, locker, crate, 

 basket or package to be broken open and the contents thereof examined. 



Joining offenses: [Sec] 3071. In prosecutions under game statutes of this state it 

 shall be permissible in any indictment, information or complaint to join in one count 

 or statement the several offenses, or any number of them which are named in any 

 section of such statutes, when not repugnant in their nature or penalty, and such 

 count or statement shall be sustained by proof of any one of the offenders [offenses] 

 charged. 



Game found; Seizure; Sale: [Sec] 3072. Xo person shall at any time acquire or 

 have any property in any game which has been taken, captured or killed, or had in 

 possession contrary to law, but tlie saiui; shall be the property of the state, to he 

 dispo,«ed of for the benefit of the fund to enforce tlie game laws, and any warden or 

 his deputy may seize the same when found, and sell the same, together witli any 



