472 APPENDIX. 



by any person whose name and residence 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 mag- 

 istrate, may, upon proof of probable 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 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 offenses arising 

 in the same county against the provisions ot this act ; and every justice of the 

 peace shall have jurisdiction within his county of actions to recover any pen- 

 alty hereby 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 prohibited 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 he exempt- 

 ed from the penalties of this act. 



COMMON CARRIERS AND EXPRESS COMPANIES. 



SEC. 22. In all prosecutions under this act, it shall be competent for com- 

 mon 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 de- 

 fense in such prosecution. No action for a penalty under the provisions of 

 this act shall be settled 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. . 



LAKE ONTARIO. 



SEC. 23. Nothing in this act contained shall apply to fish caught or to the 

 taking of fish in the waters of Lake Ontario, or any of its bays or estuaries 

 within the counties of Oswego, Jefferson, and St. Lawrence, nor to the catch- 

 ing of fish in any way in the St. Lawrence River. 



ONEIDA LAKE. 



SEC. 24. The provisions of this act shall not be deemed to apply to or af- 

 fect the taking offish in Oneida Lake, at a distance of one mile beyond the 

 shores thereof. 



