D LAWS RELATING TO AGRICULTURE. 



be instituted by the filing of an affidavit, describing the property seized,, 

 setting" out the unlawful use to which it was found put, giving the time 

 and place of seizure, and setting out, if known, the name of the person 

 owning, cr using the same, at the time of seizure, and if such person be 

 unknown, such fact shall be stated. The court before whom such affidavit 

 is filed shall thereupon issue a summons setting out the facts alleged 

 in the affidavit, and stating the time and place when the cause will be for 

 hearing, a copy of which summons shall be served upon the owner, or per- 

 son using the property at the time of its seizure (if he be known) per- 

 sonally, or by leaving a copy thereof at his usual place of residence, 

 or business, if in the count}-, at least three days before the hearing of the 

 complaint. If such owner or user be unkown, or if he be a non-resident 

 of the county, or cannot be found therein, a copy of the summons shall 

 be posted up at a suitable place nearest the place of seizure, and copy 

 mailed him (if his address be known) at least three days before the time 

 set for the hearing of the complaint. The officer making such service 

 shall make a return on the day set for the hearing, of the time and manner 

 of making such service. The court may postpone the hearing upon 

 a proper showing by either party, for such reasonable time as may be 

 necessary. Upon the hearing, proceedings shall be had as provided in 

 section 409^ of this act. If the court or jury shall find, by a prepond- 

 erance of the evidence, that the property at the time of its seizure, was 

 being used in violation of law, the court shall adjudge the property for- 

 feited, and shall render judgment against the owner or user thereof, for 

 the costs, and shall order the property turned over to the commissioners 

 of fish and game, to be by them sold at such time and place as they shall 

 deem best, and the proceeds thereof covered into the state treasury as 

 provided by law. But if the court or jury shall find that the property, 

 at the time of its seizure, was not being used in violation of law, the 

 court shall order the property released. A writ of error may be prose- 

 cuted by the officer or person filing the complaint, or by the owner or 

 user of the property seized, to review the judgment and order of the 

 court in forfeiting the property, or in ordering its release, to the court 

 of common pleas, circuit court, and supreme court, in the same manner as 

 writs of error are prosecuted in other civil causes. But if the owner 

 or person so unlawfully using the property at the time of seizure shall be 

 arrested, and shall pfead guilty, and shall confess that the property 

 seized was, at the time of its seizure, being used by him in violation of 

 law, in such case it shall not be necessary to institute a proceeding to 

 forfeit the same, but the court before whom the offender has pleaded 

 guilty, shall, in imposing sentence, further order and adjudge that the 

 property so seized be forfeited to the state. 



SEC. 4og</. [Final jurisdiction.] Any justice of the peace, 

 mayor, or police judge, within his county, shall have final jurisdiction of 

 all criminal prosecutions brought under this act; and shall have jurisdic- 

 tion of any and all proceedings to condemn and forfeit property, used 

 in violation of any law relating to the protection, preservation or propa- 

 gation of birds, fish, or game. 



[Jury trial, etc.] If such prosecution, or condemnation pro- 

 ceedings be before a justice of the peace, and a trial by jury be demanded 

 the said justice shall issue his venire to any warden or constable of the 

 county, containing the names of sixteen' electors of the county to. 

 serve as jurors to try such cause or condemn such property, and make 

 due return thereof. Each party shall be entitled to two peremptory chal- 



