APPENDIX. 273 



is had, and the remainder to the prosecutor. On the non- 

 payment of the penalty, the defendant shall be committed 

 to the common jail of the county for a period of not less than 

 five days, and at the rate of one day for each dollar of the 

 amount of the judgment, where the sum is over five dollars 

 in amount. Any court of special sessions in this State shall 

 have jurisdiction to try and dispose of all and any of the of- 

 fences arising in the same county against the provisions of 

 this act ; and every justice of the peace shall have jurisdic- 

 tion within his county of actions to recover any penalty here- 

 by given or created, 



POSSESSION OF GAME PRIOR TO PROHIBITED PERIOD. 



SEC. 21. Any person proving that the birds, fish, skins, 

 or animals found in his or her possession during the pro- 

 hibited periods, were killed prior to such periods, or were 

 killed in any place outside of the limits of this State, and 

 that the law of such place did not prohibit such killing, 

 shall be exempted from the penalties of this act. 



COMMON CARRIERS AND EXPRESS COMPANIES. 



SEC. 22. In all prosecutions under this act, it shall be 

 competent for common carriers or express companies to 

 show that the inhibited article in his or their possession 

 came into such possession in another State, in which State 

 the law did not prohibit such possession, and such showing 

 shall be deemed a defence in such prosecution. No action 

 for a penalty under the provisions of this'act shall be set- 

 tled or compromised, except upon the payment into court 

 of the full amount of such penalty, unless upon such 

 terms and conditions as may be imposed by the district 

 attorney of the county in which such action shall have 

 been brought. 



12* R 



