120 GAME COMMISSIONS AND WARDENS. 



Deputy fish and game wardens. — Number deemed necessary by the board; have all 

 powers and authority of the game and fish wardens and entitled to fees and emolu- 

 ments of, and subject to the regulations provided for, such officers; receive no salary 

 from the State. 



All foregoing officers have authority of constables and power to arrest, without 

 warrant, persons violating the game laws in their presence, to take such offenders 

 before the proper court, and to make complaints against them; are entitled to same 

 fees as constables; have right to search, without warrant, any boat, conveyance, 

 vehicle, game bag or coat, or other receptacle when they have reason to believe 

 that game laws have been violated; and to seize any game unlawfully taken, caught, 

 killed, possessed, transported, or about to be transported. 



(2) Other officers: Constables, police officers, and members of incorporated game 

 societies have power to institute prosecutions and to arrest, without warrant, persons 

 violating the law in their presence. 



(3) Game protection fund: Nonresident license fees to be used to pay expenses 

 of protecting and propagating game; one-third of fines or penalties to be paid to the 

 board to be used in protecting game. 



(4) Administrative provisions: Justices of the peace, district courts, and police 

 magistrates have jurisdiction to try all offenses against game laws; penalties may be 

 recovered in county where offense was committed, where offender is first appre- 

 hended, or where he may reside; such courts, upon receiving complaint in writing, 

 duly verified, of a violation of law, are required to issue a warrant directed to any 

 officer charged with enforcement of the game law commanding him to arrest the 

 person charged and bring him before the court to be summarily tried, and in case 

 of violation by a corporation the summons shall require such corporation to appear 

 before the court on a day stated to answer said complaint, the summons to be 

 served on the president, vice-president, secretary, superintendent, or manager of 

 such corporation not less than five days before appearance day; complaint must 

 specify the section of the law violated, and the time when and place where com- 

 mitted; proceedings for recovery of penalties must be brought in the' name of the 

 State with one of the officers charged with enforcement of the law as prosecutor; 

 proceedings may be instituted and process served on Sunday ; defendant not entitled 

 to a jury; prevailing party recovers cost against the other; court may grant not more 

 than thirty days' time for either part}' to prepare for trial; any party to a proceeding 

 may appeal to the court of common pleas of the county; witnesses not excused from 

 testifying because their testimony might incriminate them, but such testimony can 

 not be used against them; proof or probable cause for believing that game illegally 

 taken, killed, caught, possessed, has* been concealed, or shipped, is ground for issu- 

 ance of a w T arrant directed to a commissioner or warden commanding him to search 

 any place and examine contents of any receptacle; all game seized to be disposed of 

 as court may direct; persons furnishing evidence to secure conviction and person 

 making complaint each entitled to one-third the fine; possession of deer and water- 

 fowl in close season prima facie evidence of illegal possession. 



Prosecution must be begun within two years. 



NEW MEXICO. 



(1) Officers: Game and fish warden; office established March 12, 1903; term, two 

 years; bond, $2,000; salary, $1,800 per annum. 



Deputy wardens for each county appointed by warden; compensation one-half of 

 all fines resulting from prosecutions instituted by them. 



All wardens required to enforce laws, institute or cause to be instituted prosecu- 

 tions for violations, arrest violators, and secure evidence against them. 



Fines.— One-half to be paid into county treasury for school purposes. 



Prosecution must be begun within two years. 



