LAWS RELATING TO AGRICULTURE. 



trate having jurisdiction of the offense, who shall, upon the filing by the 

 warden of a proper complaint, proceed speedily to try and determine 

 the truth of the charge. Such arrest may be made on Sunday, in which 

 case the offender shall be taken before such court or magistrate, who may 

 require bond for his appearance at the time fixed for the hearing of 

 the complaint, which complaint shall be heard as soon as practicable 

 on a week day following the arrest. In case the offender fails to give 

 bond for his appea'rance (if any bond be required), the court may 

 order him committed to the jail of the county, or to some other suitable 

 place until the time set for the hearing of the complaint. It shall be 

 the duty of all sheriffs, deputy sheriffs, constables and other police officers, 

 to enforce all laws relating to the protection and propagation of birds, 

 fish and game, and, in their enforcement they shall have the same powers 

 as are conferred upon the wardens, and they shall be entitled *o like fees 

 for similar services. Prosecutions by the wardens, or other police officers, 

 for offenses not committed in their presence, shall be instituted only 

 upon the approval of the prosecuting attorney of the county in which the 

 offense is committed, or under the direction of the attorney general ; 

 and for his services the prosecuting attorney shall receive twenty per 

 cent, of all fines assessed and collected upon prosecutions conducted 

 by him. 



SEC. 409^. [Seizure of instruments used for unlawful catching 

 of birds, fish or game.] Any gun, net, seine, trap or other device 

 whatever used in the unlawful taking, catching or killing of birds, fish or 

 game, is hereby declared to be a public nuisance and shall, upon lawful 

 seizure by any warden or police officer, be deemed forfeited to the state ; 

 and it shall be the duty of every warden or other police officer, to seize 

 any such property and institute proceedings for its forfeiture, as pro- 

 vided in section 409^ Revised Statutes. When any such gun, net, seine, 

 trap or other device is seized and condemned, as provided in the next 

 succeeding section hereof, the costs of such proceeding shall be adjudged 

 against the owner or the user thereof at the time of the seizure, if 

 known, which judgment shall be the first lien upon his property, and 

 against which lien no exemption can be claimed. When a seizure of 

 any such property has been made no writ of replevin shall lie to take it 

 from the custody of the officer seizing it, or from the custody or jurisdic- 

 tion of the court before whom such proceeding [is pending], but such 

 property shall be held by such officer or court to await the final determ- 

 ination of such proceeding ; and such proceeding shall in no wise affect or 

 bar a criminal prosecution of the person so using such property in viola- 

 tion of law. No warden or other police officer shall be liable in 

 damages to any person for or on account of any arrest, or for or on 

 account of any search or examination of any package, parcel, box or 

 other receptacle, or room, building, boat or other place, or for the seizure 

 of any gun, net, seine, trap or other device, or birds, fish or game, when 

 such arrest, search, examination or seizure is made in the discharge of 

 his duties in accordance with the provisions of this act. 



SEC. 4ogr. [Proceedings for condemnation and forfeiture of said 

 instruments.] W T hen any gun, net, seine, trap or other device is 

 seized as provided in section 409^ hereof, it shall be the duty of the 

 warden or other officer seizing it, to safely keep such property in his 

 possession, or under his control, and to institute, within three "days, in 

 the proper court of the county wherein such property is seized,' pro- 

 ceedings for its condemnation and forfeiture. Such proceedings shall 



