118 GAME COMMISSION'S AND WARDENS. 



Commissioner and deputies required to enforce the laws; vested with the powers 

 of sheriffs to arrest and serve civil and criminal process in connection with their 

 duties, and entitled to receive same fees as sheriffs; required to arrest, with or with- 

 out warrant, violators of the law, and, with or Avithout warrant, to open and examine, 

 all places where game illegally taken or held is supposed to be and, if any be found 

 to seize the same; to seize all game brought into the State in violation of non- 

 export laws of another State and to dispose of the same in accordance with the 

 laws of Nebraska. 



(2) Other officers: Sheriffs and constables required to enforce game laws and to 

 seize game or song birds taken or held in violation of law; to arrest, without warrant, 

 any person they believe guilty of violating law, and with or without warrant, to 

 open, enter, and examine all camps, wagons, cars, stores, stages, tents, packs, ware- 

 houses, outhouses, stables, barns, boxes, barrels, and packages for evidence of viola- 

 tion of law, and to seize any game or birds illegally held therein; county attorneys 

 required to prosecute all offenders and see that laws are enforced, and constables, 

 sheriffs, and police officers required to inform against and prosecute offenders. Any 

 failure of such officers to perform their duties renders them liable to punishment for 

 misdemeanor. 



(3) Game protection fund: [The constitution of the State directs all fines, pen- 

 alties, and license moneys, arising under the general laws to be applied exclusively 

 to the support of public schools, hence there can be no game protection fund other 

 than regular appropriations.] 



(4) Administrative provisions: Dwelling houses may be entered only under 

 authority of search warrant. Officer seizing game may, by paying reasonable com- 

 pensation, take possession of and use vehicle employed in carrying such game for 

 transportation to nearest railroad station, but public conveyance can not be so used. 

 Civil action may be brought by commissioner for possession or value of game ille- 

 gally held or shipped and writ of replevin shall issue without bond. Civil action no 

 bar to criminal prosecution and vice versa. Proof as to part of a bird or animal suffi- 

 cient to sustain charge as to whole. Violation as to any number of animals or birds 

 of the same kind may be included in the same count and punished as separate 

 offenses. Possession of game unaccompanied with valid license, prima facie evidence 

 of unlawful killing; licensee must permit any officer to inspect and copy license; 

 corporations may be brought into court by reading warrant of arrest to president, 

 secretary, or manager, and fines enforced by execution against its property; no ques- 

 tion of title to property trespassed upon shall defeat prosecution unless defendant 

 shall establish his right to same; possession of game in close season for shipment 

 or in transit prima facie evidence of violation of law; duty of every person when 

 game is offered to him for shipment in close season to report same to commissioner 

 or deputy; game seized and confiscated to be given to charitable institutions; adver- 

 tising game on menu during close season, prima facie evidence of possession by pro- 

 prietor; nets, traps, and other devices, except guns, used for illegal capture of game, 

 to be summarily destroyed by any person and no liability incurred for such destruc- 

 tion; all fines and license fees to be paid into school fund; corporate authorities of 

 any city, town, or county shall pay complaining witness out of general fund an 

 amount equivalent to one-half the fine in every conviction; any person may prose- 

 cute in name of State. 



Prosecution for offenses for which penalty prescribed by law is fine of less than 

 $100 or imprisonment less than three months, must be begun within one year; other- 

 wise within eighteen months. 



