2/2 APPENDIX. 



HOW PENALTIES ARE RECOVERED. 



SEC. 20. All penalties imposed under the provisions of 

 this act may be recovered, with cost of suit, by any person 

 or persons in his or their own names, before any justice of 

 the peace in the county where the offence was committed 

 or where the defendant resides ; or when such suit shall be 

 brought in the city of New York, before any justice of any 

 of the District Courts or of the Marine Court of said city; 

 or such penalties may be recovered in an action in the Su- 

 preme Court of this State, by any person or persons, in his 

 or their own names ; which action shall be governed by the 

 same rules as other actions in said Supreme Court, except 

 that a recovery by the plaintiff or plaintiffs in such suit in 

 said court, costs shall be allowed to such plaintiff or plain- 

 tiffs, without regard to the amount of such recovery ; and 

 any district court judge, justice of the peace, police, or other 

 jnagistrate, is authorized, upon receiving sufficient security 

 for costs on the part of the complainant, and sufficient proof 

 by affidavit of the violation of the provisions of this act, by 

 any person being temporarily within his jurisdiction but not 

 residing therein, or by any person whose name and resi- 

 dence are unknown, to issue his warrant and have such 

 offender committed or held to bail to answer the charge 

 against him ; and any district court judge, justice of the 

 peace, police, or other magistrate may, upon proof of prob- 

 able cause to believe in the concealment of any game or fish 

 mentioned in this act, during any of the prohibited periods, 

 issue his search-warrant and cause search to be made in any 

 house, market-boat, car, or other building, and for that end 

 may cause any apartment, chest, box, locker, or crate to be 

 broken open and the contents examined. Any penalties, 

 when collected, shall be paid by the court before which 

 conviction shall be had, one half to the overseers of the 

 poor, for the use of the poor of the town in which conviction 



