PROSECUTIONS. 



WHO MAY PROSECUTE. 



Ordinarily any person may institute a prosecution for the violation 

 of the game laws without the consent or sanction of an officer. In 

 Illinois and Nebraska it is specifically provided in the game law that 

 prosecutions may be brought bj 7 any person in the name of the State, 

 but in New Jerse}^ proceedings for recovery of penalties under the 

 game laws can be brought only by the fish and game protector, or a 

 fish and game warden, police officer, constable, or member of an incor- 

 porated fish and game protective association. In New York actions 

 for penalties under the game laws must be brought on the order of the 

 forest, fish, and game commissioner, except that private persons, upon 

 giving security for costs, and societies or corporations ma3 T recover 

 penalties in their or its own name if notice of the institution of such 

 action be given the commissioner or chief game protector within fif- 

 teen days after service of the summons. In Ohio prosecutions by 

 wardens or police officers for offenses not committed in their presence 

 can be instituted only upon the approval of the prosecuting attorney 

 or under direction of the attorne3 T -general. Oregon and Tennessee 

 declare that prosecutions for violation of certain provisions of their 

 game laws must be brought on the order of the State warden. Whether 

 this excludes others from instituting prosecutions or not is uncertain. 

 In Michigan, Oklahoma, Texas, West Virginia, and Wisconsin the 

 State game wardens may make complaint and cause proceedings to be 

 commenced without the sanction of the prosecuting attorney and they 

 need not furnish security for costs. They are authorized to appear in 

 any court in any case and prosecute it in the same manner and with 

 the same authority as the prosecuting attorney. 



ATTORNEYS. 



In some States no general provision has been made for an attorney 

 to prosecute offenders in the inferior courts, and in such cases unless 

 an attorney voluntarily tenders his services or is employed by the war- 

 den or private parties the justice or magistrate before whom the case 

 is pending must conduct the State's prosecution. This often results 

 in a miscarriage of justice and offenders escape the punishment pre- 

 scribed by statute. To meet this difficulty Colorado, Idaho, Illinois, 

 Minnesota, Maine, Montana, Nebraska, Oregon, and a few other 

 States have inserted in their game laws a provision requiring the 

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