NEW YORK. 121 



NEW YORK. 



(1) Officers: Forest, fish, and game commission; established 1895; reorganized 

 1901 with one commissioner; term, four years; bond, $10,000; salary, §5,000 per 

 annum and necessary expenses; may appoint a secretary and other necessary clerical 

 assistants. 



Duties. — To enforce forest, fish, and game laws; to establish three deer parks for 

 breeding deer and wild game; care for and control forest preserves and parks, and 

 perform such other duties as the legislature may provide for; must take constitu- 

 tional oath; required to issue licenses, and to report annually, not later than Septem- 

 ber 30, to the legislature. 



Deputy commissioner. — Appointed by commissioner; bond, §10,000; salary, §2,500 

 and necessary expenses; authorized to act for commissioner when latter is absent or 

 unable to act; must take constitutional oath. 



Game protectors. — Seventy-five in number; appointed by commissioner, to hold 

 office during his pleasure, one to be chief protector with supervision over others; sal- 

 ary, $2,000 per annum and traveling expenses not over §1,000; after five years' service 

 salary may be increased §500; three to be assistant chief protectors; salaries, first 

 assistant, §1,400; second and third assistants, §1,200 per annum, and traveling 

 expenses not over §750; other protectors, salary §600 per annum and expenses not 

 over §450, also one-half of fines and penalties when recovered upon information fur- 

 nished by them. They are required to enforce game and fish laws, execute all war- 

 rants, serve summons issuing from justice's court and subpoenas, search without war- 

 rant boats, cars, lockers, baskets, crates, game bags or other packages, and build- 

 ings, and with warrant any dwelling house to ascertain whether the laws have been 

 violated; arrest, without warrant, persons violating laws in their presence; kill dogs 

 found chasing deer in the Adirondack Park, and report monthly through the chief 

 protector to the commissioner. 



Special game protectors may be appointed by commissioner when recommended by 

 supervisors of county or by game clubs, to have powers of game protectors, except 

 searching without warrant; to serve without compensation from State and report to 

 the chief protector. 



(2) Other officers: Peace officers have same powers as game protectors, except 

 right of search without warrant. 



(3) Game protection fund: Annual appropriation; fines and penalties are paid 

 to commissioner, who pays the cost of collection out of same; one-half penalty col- 

 lected in any action by individual or game society also paid to commissioner. 



(4) Administrative provisions: The game laws are almost exclusively enforced 

 by civil actions for recovery of the penalty, and such actions must be brought on 

 order of chief protector or commissioner, and if in a justice's court may be brought 

 in town or county where penalty is incurred or in the county where defendant 

 resides; commissioner may employ special counsel to prosecute, and he fixes com- 

 pensation therefor; any person, on giving security for costs, or any society or cor- 

 poration for the protection of game, may recover in his or its name penalties for 

 violation of game and fish laws, and in case of collection receives one-half thereof; 

 probability of concealment of game illegally captured is ground for issue of search 

 warrant; possession of deer in last ten days of open season presumptive evidence of 

 unlawful taking; no one excused from testifying because his testimony might tend 

 to convict him of a crime, but such testimony can not be used against him in any 

 prosecution, and when he is called by State and so testifies any prosecution of him 

 under the game laws, about which he testified, is barred; any person may summarily 

 destroy devices for unlawfully taking fish and game, without liability therefor; 

 presence of dog in forest inhabited by deer presumptive evidence that owner thereof 

 is violating law and such dogs may be killed by any person; possession of flesh or 



