140 GAME COMMISSIONS AND WARDENS. 



Wardens' compensation in special cases: Sec. 40. Game and fish wardens 

 acting under special instructions shall receive three dollars per day for their services. 



Report of prosecutions: Sec 41. That it shall be the duty of every justice of the 

 peace, and clerk of any court before whom any prosecution under this act is com- 

 menced, or shall go on appeal and within twenty days after trial or dismissal thereof 

 to report in writing the result thereof and the amount of fine collected, if any, and 

 the disposition thereof to the State Game and Fish Commissioner. All moneys col- 

 lected from fines, penalties or forfeitures under this act, shall belong to the game and 

 fish protection fund with the exception of that part which under this act belongs to 

 the wardens, and shall be paid over by the officer authorized to collect said money 

 to the State treasurer on or before the first day of each month, and shall be con- 

 veyed by him into the game and fish protection fund. And the State treasurer shall 

 report on the first day of each month to the State Game and Fish Commissioner the 

 exact amount of money to the credit of the Game and Fish Protection Fund. 



Fines: Sec 45. All fines imposed under the provisions of this act shall be paid in 

 lawful money, that is to say, in currency of the United States of America. 



Charge to grand jury: Sec 46. That circuit judges and the judges of concurrent 

 jurisdiction in this State, be, and they are hereby required to give the grand juries 

 when organized, the provisions of this act strictly in charge and to urge strict inquiry 

 into infractions thereof. 



Prima facie evidence: Sec 9. * * * It is further declared unlawful to make 

 use of any artificial light in hunting or killing deer. And the wearing or having 

 such light on the head or any part of the body while hunting shall be prima facie 

 evidence of the violation of this section. * * * 



Warden's costs: Sec 13. That when an arrest for a violation of this act is made by 

 the State Game and Fish Commissioner or by any warden and the defendant is con- 

 victed, there shall be taxed as cost in favor of such warden making the arrest, the 

 same fee as a constable is entitled to in misdemeanor cases, and if collected from the 

 defendant shall be paid over to such warden and shall be his personal perquisite. 

 But no fee shall be allowed in cases of acquittal. 



Procedure, separate offense: Sec 14. * * * whenever the possession, use, 

 importation, transportation, storage, sale, offering or exposing for sale of game or 

 birds, is prohibited or restricted, the prohibition or restrictions shall extend to and 

 including every part of such game and a violation as to each animal or bird or part 

 thereof shall be a separate offense and two or more offenses may be charged in the 

 same affidavit, complaint or indictment, and proof as to part of a game bird or animal 

 shall be sufficient to sustain a charge to the whole of. it; and the violation as to the 

 number of animals or birds of the same kind may be charged in the same count and 

 punished as a separate offense as to each animal, bird or game. 



Corporation, arrest, &c. : Sec 15. In cases of violation of this act by a corpora- 

 tion the warrant of arrest may be read to the president, secretary or manager in this 

 State, or to any general or local agent thereof, in any county where the action or indict- 

 ment is pending, and upon the return of such warrant so served the corporation shall 

 be deemed in court and subject to the jurisdiction thereof, and any fine imposed may 

 be collected by execution against the property of said corporation, but this section 

 shall not be construed to exempt any agent or employee from prosecution. 



Failure to perform duties, misdemeanor: Sec 16. Any official, officers or 

 warden, who shall fail to perform any act, duty or obligation enjoined upon him by 

 the provisions of this act, shall be deemed guilty of a misdemeanor and on convic- 

 tion shall be punished by a fine of not less than fifty nor more than two hundred 

 dollars. 



.Approved Feb. 19, 1907. 



