44 GAME COMMISSIONS AND WARDENS. 



The complaint or affidavit upon which a warrant of arrest is issued 

 must contain a sufficient statement of facts to justify the reasonable 

 suspicion that the person charged has violated the law. It should be 

 in writing, and be signed by the person making it. Attention is espe- 

 cially directed to the rule, which has very few exceptions, that any 

 person who is capable of understanding the solemnity and nature of 

 an oath may, if indeed he is not in duty bound as a good citizen so to 

 do, make the complaint on affidavit if he knows of a violation or has 

 probable cause to suspect it. Hence, it is in the power of every 

 citizen of a community to aid in the enforcement of the game laws. 

 Were it otherwise maoy crimes would go unpunished. 



Ordinarily the complaint or affidavit upon which the warrant of 

 arrest is issued serves also as a complaint upon which the defendant is 

 tried, and it is important to frame it so accurately in the first case that 

 it will be sufficient in the latter. The following frame or skeleton of 

 a complaint for hunting without a license is given in the pamphlet of 

 game laws published by the State warden of Wisconsin for the guid- 

 ance of deputy wardens and persons undertaking the enforcement of 

 the game laws: 



State of Wisconsin, \ 



County of , J 



, being duly sworn, says that on the day of , in the year 



190 — , at said county, (name of the accused) did pursue (hunt or kill) 



(state what) without at such time being in possession of a license authorizing 



him, then and there, to pursue (hunt or kill) animals, fowls or birds, contrary to the 

 provisions of section 4562a W. S. of 1898, as amended by section 30a of chapter 312 

 of the laws of said State for 1899, and against the peace and dignity of the State of 

 Wisconsin. 



Subscribed and sworn to before me this day of , A. D. 190 — . 



Justice of the Peace. 



The above form can be used in almost any State and case with the 

 necessary changes to comply with the statute and the particular offense 

 charged. Thus, if a nonresident be charged with hunting without 

 license, the allegation should be made in the complaint that he is a 

 nonresident of the State. 



Unless prohibited by statute an arrest may be made on Sunday as 

 on any other day. The New Jersey statute prescribing the procedure 

 for enforcing the game laws contains the following provision: 



Sec 15. Proceedings under this act may be instituted on any day of the week, and 

 the institution of such proceedings on Sunday shall be no bar to the successful pros- 

 ecution of the same, and any process served on Sunday shall be as valid and effectual 

 as if served on any other day of the week. 



In Ohio it is provided that arrest, either with or without warrant, 

 may be made on Sunday, in which case the offender shall be taken 



