170 GAME COMMISSIONS AND WARDENS. 



the true or ornithological name of the squirrel, bird or birds caught, killed, trapped, 

 snared, sold, or offered for sale, shipped, or had in possession, nor to state the true 

 or scientific name of the fish caught, taken or in any way killed in violation of the 

 provisions of this act, nor to state in the complaint or to prove at the trial that the 

 catching or killing or having in possession of any wild bird hereinbefore named, or 

 that the catching of any fish, was not for the sole purpose of using or preserving it 

 as a specimen for scientific purposes. 



Prima facie evidence: Sec. 15. The having in possession by any person or per- 

 sons, company or corporation of any bird named in section 7 of this act [partridge, 

 grouse, prairie chicken, quail, plover, pheasant, duck, goose, brant, dove, oriole, 

 meadow lark, robin, thrush, red bird, mocking bird, bluebird] at any time, except 

 by a person who has lawfully killed the same, * * * shall be prima facie evi- 

 dence of the violation of the provisions of this act. 



Penalty; Separate offense: Sec. 17. Any 'person or the manager, agent or 

 employee of any company or corporation found guilty of a violation of the provisions 

 of this act shall, upon conviction thereof before any court of competent jurisdiction, 

 be fined in the sum of not less than five dollars nor more than one hundred dollars 

 for each and every offense, and shall be adjudged to pay the costs of the prosecution, 

 and shall be committed to the jail of the county in which the offense was committed 

 until such costs and fine are paid; provided, that the catching, taking or killing of 

 each bird or fish caught, taken or killed in violation of the provisions of this act 

 shall constitute a separate offense. 



Peace officers; Nonliability: Sec. IS. It shall be the duty of all constables, 

 marshals and police officers in this state to diligently inquire into and prosecute all 

 violations of this act, or other fish or game laws of this state. Any such officers 

 hereinbefore named, having knowledge or notice of any violation of the provisions 

 of this act shall forthwith make complaint before some court of competent jurisdic- 

 tion; provided, that such officer making complaint as aforesaid shall in no event be 

 liable for costs unless it shall be found by the court or jury that the complaint was 

 filed for malicious purposes and without probable cause; provided further, that any 

 officer who shall neglect or refuse to prosecute any violator of the provisions of this 

 act, upon proper information being laid before him, shall himself be deemed guilty 

 of a misdemeanor, and upon conviction shall be punished as provided in section 17 

 of this act. 



Special attorney: Sec 19. That if any county attorney or other prosecuting offi- 

 cer shall neglect or refuse to prosecute any person or persons charged with a viola- 

 tion of any of the provisions of this act, any court, judge or justice of the peace hav- 

 ing jurisdiction of the offense may appoint an attorney at law to prosecute such per- 

 son or persons, and the attorney so prosecuting shall receive a fee of ten dollars, to 

 be taxed to the defendant in every case where conviction shall be had. 



Fund: Sec 20. * * * All sums paid into the state treasury for licenses shall 

 be credited to the state game- and fish- warden fund and become immediately avail- 

 able to carry out the provisions of this act. 



Inspection: Sec 21. It shall be the duty of the fish-and game- warden at reasonable 

 intervals to inspect all places of the state where meat, fish and game is [are] kept for 

 sale or shipment or stored for pay; and it shall be the duty of any person engaged 

 in the business of buying, selling, shipping or storing for pay meat, fish or game 

 within the state, upon the demand of the fish and game warden, to permit an inspec- 

 tion of their place of business by such warden; and any such person who shall 

 refuse upon demand to permit the inspection herein provided for shall be deemed 

 guilty of a misdemeanor, and, upon conviction thereof in any court of competent 

 jurisdiction, shall be fined in the sum of not less than ten dollars and not more than 

 fifty dollars for the first offense, and not less than fifty dollars nor more than one 

 hundred dollars for each subsequent offense. 



Approved Feb. 18, 1905. 



