182 GAME COMMISSIONS AND WARDENS. 



• Priina facie evidence: [Sec] 23. [Prohibits shooting of any birds at night] 

 and if at the trial it shall be proved that the person charged with shooting at or the 

 killing said birds in the night time was at or about the place where the shot was 

 fired, and that he had a gun in his possession on the night in question, in the vicinity 

 where such shooting occurred, either prior to or at the time of or after the shooting, 

 such fact shall be deemed prima facie evidence of his having violated the provisions 

 of this section. 



Big- guns; Prima facie evidence: [Sec] 24. [Prohibits possession, sale and 

 disposition of big or swivel guns for hunting wildfowl,] and the possession of, sale 

 or disposition by any person of any such big or swivel gun in this State shall be 

 deemed prima facie evidence that the same is possessed or sold, or disposed of 

 with the intent, and for the purpose of shooting at or killing such birds in this State, 

 and every gun shall be deemed a big gun, for the purpose of this law, which is not 

 habitually raised at arm's length and fired from the shoulder, * * * 



Jurisdiction; Informer: [Sec] 31. The justices of the peace of this State in and 

 for the city or county wherein the offense shall be committed shall have jurisdiction 

 to hear and determine all prosecutions for the purpose of enforcing fines and penal- 

 ties * * * and in all cases where such prosecutions are begun or instituted by 

 any person other than the State game warden or one of the deputy game wardens of 

 this State, and shall result in the collection of a fine or fines, then one-half of such 

 fine or fines, after the proper court costs or costs of the justice of the peace in the 

 trial and decision of the case shall have been paid, shall be paid to the informer, and 

 the oiher half to the school fund of the city or county in which said prosecution is 

 conducted. 



MASSACHUSETTS. 



Revised Laws, 1902, chap. 91, p. 787. 



Commissioners : Sec 2. There shall be a board of commissioners on fisheries and 

 game consisting of three persons who shall be appointed by the governor, with the 

 advice and consent of the council, for the term of five years from the time of their 

 appointments and who shall be removable at the pleasure of the governor. 



Arrest without warrant: Sec 4. The commissioners and their deputies, mem- 

 bers of the district police and all officers qualified to serve criminal process may 

 arrest without warrant any person whom they find violating any of the fish or game 

 laws, except that persons engaged in the business of regularly dealing in the buying 

 and selling of game as an article of commerce shall not be so arrested for having in 

 possession or selling game at their usual places of business. 



Fines and forfeitures: Sec. 137. All fines, penalties and forfeitures recovered in 

 prosecutions under the laws relative to fisheries, * * * shall be equally divided 

 between the complainant and the commonwealth but if the complainant is a deputy 

 appointed by the commissioners on fisheries and game and receiving compensation 

 from the commonwealth, such fines, penalties and forfeitures shall be paid into the 

 treasury of the commonwealth. 



Revised Laws, chap. 92, p. 809. 



Prima facie evidence: Sec 11. [As amended by Laws of 1906, chap. 241.] 



* * * The constructing or setting of a trap, snare or net adapted for the taking or 

 killing of a game bird, water fowl, hare or rabbit, upon premises frequented by them, 

 shall be prima facie evidence of such constructing and setting with intent to take and 

 kill contrary to law; and possession of a ferret in a place where the game mentioned 

 in this section might be taken or killed, shall be prima facie evidence that the person 

 having it in possession has used it for taking and killing game contrary to law. 

 Ferrets which are used in violation of the provisions of this section shall be 

 confiscated. 



