

LAWS RELATING TO AGRICULTURE. 



lenges, and shall be subject to the same challenges as jurors are subject 

 to in criminal cases in the court of common pleas. If the venire of six- 

 teen names be exhausted without obtaining the required number to fill 

 the panel the justice may direct the constable, -or the warden to summon 

 any of the bystanders to act as jurors, or direct him to bring in other 

 persons to act as jurors; and in criminal prosecutions like proceedings 

 shall be had as in criminal cases in the court of common pleas, 

 and in condemnation proceedings, like proceedings shall be had 

 as in civil cases in the court of common pleas. If the pro- 

 secution, or proceedings be before a mayor, or police judge, and a trial 

 by jury be demanded, the jury shall be chosen in the manner now pro- 

 vided for the impanelling of juries in other criminal cases. In all pro- 

 secutions and condemnation proceedings under the provisions of this act. 

 no cost shall be required to be advanced, secured or paid by, or bond 

 or undertaking required of, any person authorized under the law to prose- 

 cute such cases ; and if the defendant be acquitted, or if convicted and 

 committed in default of payment of fine and costs, or if the property 

 seized be released, the costs in such cases shall be certified under oath 

 to the county auditor, who, after correcting the same, if found incorrect, 

 shall issue his warrant on the county treasurer in favor of the person or 

 persons to whom such costs and fees are due, and for the amount due 

 each person. 



SEC. 409^. [Prima facie evidence of guilt.] The finding of any 

 gun, net, seine, trap, or other device set, maintained, or in use, in violation 

 of any law relating to the protection or propagation of birds, fish, or 

 game, shall be prima facie evidence of the guilt of the person owning, 

 using or making claim to the same ; and the finding of any birds, fish, or 

 game, unlawfully in the possession of any person, shall be prima facie 

 evidence of the guilt of such person. 



[Meaning of certain words. J Wherever the word "person" is 

 used in any law relating to the protection of birds, fish, or game, it shall 

 be held to include "company," "partnership," "association," "corporation," 

 or any "officer," "agent" or "employe" thereof ; and wherever the word 

 "warden" is used, it shall be held to include "chief warden," "special 

 warden," "deputy state warden," "special deputy state warden," or any 

 other police officer charged with the duty of enforcing such laws. In 

 every case of conviction, the cost of prosecution, and of condemnation 

 shall, in addition to the fine imposed, of forfeiture declared, be adjudged 

 against the person convicted, or the owner or user of the property con- 

 demned. The word "costs" shall be held to include the fees of jurors, 

 which shall be one dollar per day for each juror. Whenever, upon con- 

 viction, the person convicted fails to pay the fine and costs imposed upon 

 him, he shall be committed to the jail of the county or to some workhouse 

 and shall there be kept confined one day for each one dollar fine and costs 

 adjudged against him, and he shall not be discharged or released there- 

 from by any board or officer, except upon payment of the portion of the 

 fines and costs remaining unservecl, or upon the order of the commissio- 

 ners of fish and game. 



[Disposition of fines, etc.] All fines, penalties, and forfeitures 

 arising from prosecutions, convictions, confiscations, or otherwise (unless 

 [otherwise] directed by the commissioners of fish and game) shall be paid 

 by the officer before whom the prosecution is had of by whom the fine 

 is collected, to the chief warden, and by him paid into the state treasury 

 to the credit of a fund which is hereby appropriated for the use of the 

 commissioners. 



