FISHERIES, GAME AND FOREST LAW. 313 



by direction of either of the commissioners who are hereby authorized in their discretion, to 

 employ special counsel to commence and maintain such actions, and the compensation of such 

 special counsel may be fixed and allowed by the commissioners. 

 (As amd. by chap. 233 of Laws of 1896.) 



Actions, Where Brought. 



§ 232. Actions for penalties imposed by this act may be brought in any town in the county 

 where the penalty shall be incurred, or in the county where defendant resides, subject only to 

 the right to remove the same to any other county adjoining that in which the penalty shall be 

 incurred, or in which the action shall have been brought as aforesaid, for cause shown, as pro- 

 vided by the code of civil procedure. 



Discontinuance. 



§ 233. Actions for penalties in the name of the people may be discontinued by order of 

 the court upon the application of the chief fish and game protector and forester at any time 

 before trial upon such terms as the court may direct. 



Two or More Penalties In One Action. 



§ 234. Two or more penalties may be sued for and recovered in the same action, whether 

 brought by the people or in the name of an individual or society. 



Witness Fees and Disbursements In Actions By People. 



§ 235. Witness and other fees and disbursements and full costs shall be recovered in any 

 judgment in favor of the people under this act at the rate fixed by section thirty- two hundred 

 and fifty-one of the code of civil procedure, without reference to the amount of recovery. 



Actions By Persons or Societies. 



§ 236. Any individual upon giving security for costs, unless he shall be the owner or lessee 

 of the premises upon which it shall be claimed the penalty was incurred, and any society or 

 corporation, or any agent of any society or association for the protection of fish or game may 

 recover in his or its name all penalties provided for by this act, with costs, but on recovery by 

 the plaintiff in such case of a less sum than fifty dollars, plaintiff shall only be entitled to costs 

 to the amount of such recovery. Such person shall be entitled to one-half 'of the penalty 

 recovered, the other half to be paid to the board of commissioners, but any such action shall 

 be discontinued without costs or disbursements to either party, in case an action shall be there- 

 after brought for the same violation in the name of the people and an order to that effect may- 

 be entered on motion of the chief fish and game protector and forester or one of the commis- 

 sioners, on notice to all the parties thereto. Such motion shall be entitled and made in both 

 actions. Any person or society bringing an action under this section shall notify the chief fish 

 and game protector and forester thereof, within fifteen days after service of the summons 

 therein, and failure so to do shall be a defense to the action. 



