COLORADO. 149 



Publication of laws: Sec. 6. [Commissioner required to revise and publish in 

 pamphlet form every two years, for general distribution, the fish and game laws, at 

 a cost not to exceed $300. This pamphlet to be accepted in all courts as prima facie 

 evidence of the existence of such laws, rules and regulations.] 



Division L. 



Imprisonment: Sec. 5. Every person convicted and fined under this act shall be 

 imprisoned until the fine and costs are paid, and shall not be discharged therefrom on 

 account of his inability to pay the same until he shall have been actually imprisoned 

 one day for each $5 of the fine. 



Prosecutions: Sec. 6. Prosecutions under this act may be commenced either by 

 indictment, complaint or information, and district and county courts and justices of 

 the peace in their respective counties shall have concurrent original jurisdiction of 

 all offenses under this act, except those contemplated in section 3 of this division 

 [protecting buffalo] of which justices of the peace shall not have jurisdiction other- 

 wise than as committing magistrates. 



Jury trial; Appeals: Sec. 7. The accused shall be entitled to a jury as in other 

 criminal cases, and an appeal shall lie from a justice of the peace as in cases of assault 

 and battery. Appeals from and writs of error to the district and county courts shall 

 lie as in other criminal cases. 



District attorney: Sec. 8. It shall be the duty of each district attorney to prose- 

 cute all violations of this act, occurring within his district, that may come to his 

 knowledge, or when so requested by the commissioner or any officer charged with 

 its enforcement, the same at all times to be subject to the supervision and control of 

 the commissioner. > 



Exemption of witnesses: Sec. 9. In any prosecution under this act, any partici- 

 pant in a violation thereof, when so requested by the district attorney, commissioner, 

 warden or other officer instituting the prosecution, may testify as a witness against any 

 other person charged with violating the same, and his evidence so given shall not be 

 used against him in any prosecution for such violation. 



Fines: Sec. 10. All moneys collected for fines under this act shall be immedi- 

 ately paid over by the justice or clerk collecting the same, as follows: One-third into 

 the treasury of the county where the offense was committed, one-third to the com- 

 missioner, and one-third to the person instituting the prosecution. * * * The 

 commissioner, any w T arden or officer instituting a prosecution shall be entitled to a 

 share in the fines collected the same as any other person, and it shall be a personal 

 perquisite for which he need not account. 



Report of trial: Sec. 11. It shall be the duty of every justice of the peace and 

 clerk of a court before whom any prosecution under this act is commenced or shall 

 go on appeal, and within twenty days after the trial or dismissal thereof, to report 

 in writing the result thereof and the amount of fine collected, if any, and the dis- 

 position thereof to the commissioner at Denver. 



Division M. 



Costs: Sec. 4. When an arrest for a violation of this act is made by a sheriff or 

 constable, the usual fees in a case of misdemeanor shall be taxed in his favor, and if 

 not collected from the defendant, or if the defendant is acquitted, shall be paid by 

 the county ; and the necessary and ordinary fees and expenses of every posse law- 

 fully summoned and engaged in the enforcement of this act shall be taxed as a part 

 of the costs, and if not collected from some person liable therefor, shall be paid out 

 of the state treasury in the same manner as is provided for the payment of the 

 expenses of the commissioner. 



Fees: Sec. 5. When an arrest for a violation of this act is made by the commis- 



