124 GAME COMMISSIONS AND WARDENS, 



and fees for permits to collect birds for scientific purposes are also paid into State 

 treasury for use of commissioners. 



(4) Administrative provisions: Persons arrested without warrant to be im- 

 mediately taken before a magistrate, and upon complaint made by warden to be 

 tried; arrest may be made on Sunday, and offender required to give bond for his 

 appearance on a week day as soon as practicable after arrest; prosecutions by wardens 

 and police officers for offenses not committed in their presence can only be instituted 

 on approval of prosecuting attorney or under direction of attorney-general; guns, 

 nets, traps, or other devices used in unlawful capture of game or birds declared 

 public nuisances to be seized and forfeited to State; cost of seizure to be a lien on 

 such property subject to no exemption, and a writ of replevin not to lie to regain 

 possession of such property, bat latter to be held to await final determination of case; 

 warden or officer seizing implements must keep them and within three days institute 

 proceedings for their condemnation, such implements to be sold and proceeds paid 

 into State treasury; if defendant pleads guilty no condemnation proceedings neces- 

 sary; officer or person filing complaint entitled to writ of error to review adverse 

 decision. (For further details see pp. 223-225, sees. 8, 9, and 10. ) Discovery of any 

 gun, net, trap, or other device set, maintained, or used in violation of law, prima facie 

 evidence of guilt of person using, owning, or making claim thereto, and unlawful 

 possession of game, prima facie evidence of guilt of possessor; reception of game for 

 shipment to a point without the State, prima facie evidence that it was killed or 

 taken for purpose of so shipping; licensee required to carry with him his license and 

 to exhibit to any warden or officer on demand. Seized game to be forfeited to the 

 State. 



Prosecution for Sunday hunting must be begun within ten days; for other offenses 

 within three years. 



OKLAHOMA. 



(1) Officers : Territorial game and fish warden; office established March 10, 1899; 

 term, four years; compensation, one-half the fee taxed in each conviction, and fees 

 of sheriffs for making arrests and serving process. 



Duties and powers. — Required to enforce game and fish laws and to bring or cause 

 to be brought actions and proceedings for violation of law; authorized to prosecute 

 in same manner as, and without sanction of, county attorney; to examine any boat, 

 conveyance, vehicle, fish box or basket, game bag or coat, and any other receptacle 

 where he has reason to believe evidence of violation of law will be secured, and to 

 seize, with or without warrant, game unlawfully taken, possessed, or transported; 

 vested with power of sheriffs to serve criminal process and to require aid in exe- 

 cuting the same; authorized to arrest, without warrant, any person caught by him 

 violating laws; directed to search any place, without warrant, for game he has reason 

 to believe is held for shipment, and seize same and arrest, without warrant, the per- 

 son in whose possession it is found. 



County game and fish wardens. — Appointed by warden, with like powers, and author- 

 ized to appoint deputy county wardens with like powers. County wardens and their 

 deputies receive one-half fee taxed in every conviction within their county. 



(2) Other officers: All county and township officers required to file affidavit 

 against persons known to them to have violated the laws. Sheriffs, marshals, and 

 constables required to search, without warrant, any place where they believe or are 

 informed that game is held for transportation and arrest the party in possession. 



(4) Administrative provisions: Any person may prosecute violators and with- 

 out bond for costs; resisting or hindering officer making search prima facie evi- 

 dence of violation of game law; proof of probable cause for believing that game 

 unlawfully possessed has been concealed is ground for issue of search warrant to 

 enter any compartment, chest, box, locker, crate, basket, or package; game seized 

 to be disposed of as court may direct; wardens not liable for such seizure; persons 



