148 GAME COMMISSIONS AXD WARDENS. 



or has been engaged in hunting in this state, within the year, the immediate produc- 

 tion of a proper license therefor, and an opportunity to inspect and copy the same, 

 and it shall be the duty of every person required by this act to procure and have 

 in possession such license, to so produce the same, and permit such inspection and 



copying. 



Division H. [Added by Laws of 1903, Chap. 112.] 



Guides: Sec. 2. Every guide licensed under this act« shall, by virtue of such 

 license, be entitled to act as a deputy warden, without pay, and when commissioned 

 as such, shall have all the powers of a deputy warden, as provided in said act, and if 

 he shall violate, or connive or assist in any violation of this act, his license and com- 

 mission may be revoked by the commissioner, and he shall be disqualified to act as 

 a guide during that year, and also be liable to punishment as for a violation of 

 said act. 



Guide's report: Sec. 3. Every guide shall, as often as requested and on blanks 

 furnished by the commissioner, report under oath to the commissioner the names and 

 number of persons guided by him, the number of days he has been so employed, 

 and, as near as practicable, the number of game and fish taken or killed by such 

 persons and himself, and such other information as the commissioner may deem 

 desirable. * * * 



Division K. [Added by Laws of 1903, Chap. 112.] 



Civil action: Sec 3. The commissioner, or any warden, if he so elect, or any 

 other officer charged with the enforcement of the laws relating to game and fish, if 

 so directed by the commissioner, may bring a civil action in the name of the state 

 against any person unlawfully wounding or killing, or unlawfully in possession of 

 any game quadruped, bird or fish, and recover judgment for each such animal the 

 following minimum sums as damages for the taking, killing or injury thereof to- wit: 

 [Elk, sheep, S200; deer, 850; antelope, $100; buffalo, §1,000; bird, §10.] No ver- 

 dict or judgment recovered by the state in such action shall be for a less sum than 

 hereinbefore fixed, but may be for such greater sum as the evidence may show 

 the value of the animal to have been when living and uninjured. Such action for 

 damages may be joined with the action for possession now provided in said act, 

 and recovery had for the possession and also the damages as aforesaid. All 

 moneys collected under this section shall be immediately paid over by the justice 

 or clerk of the court collecting the same, as follows : One-third into the treasury of 

 the county where the offense was committed, one-third to the fish and game fund, 

 and one-third to the person instituting the action: Provided, That if the person insti- 

 tuting the action shall fail for ten days after such collection, and due notice thereof, 

 to demand the portion to which he is entitled, same shall be paid to the fish and 

 game fund and the right of such person thereunder shall be deemed forfeited. The 

 commissioner, any warden or officer instituting a prosecution shall be entitled to a 

 share in the fine collected the same as any other person and shall be a personal per- 

 quisite for which he need not account. Neither the pendency nor determination of 

 such action, nor payment of such judgment, nor the pendency nor determination of 

 a criminal prosecution for the same taking, wounding, killing or possession shall be 

 a bar to the other, nor affect the right of seizure under any other provision of the 

 laws relating to game and fish. 



Suspension of penalty: Sec 4. No fine, penalty or judgment assessed or ren- 

 dered under this act * * * shall be suspended, reduced or remitted otherwise 

 than as expressly provided by law. 



«The guide's license is additional to the hunting license. 



