198 GAME COMMISSIONS AND WAKDENS. 



the party or parties entitled thereto, for the amount so certified, and the same shall 

 be paid out of said fund. 



Report: Sec. 18. The State Game and Fish Warden shall make a semi-annual 

 report to the Governor of all prosecutions instituted bj^ himself and the different 

 deputies during the six months prior to said report, and shall state in said report any 

 and all information he may have obtained in regard to the condition of game and 

 fish in the State of Montana, together with a*ny information that may aid in pro- 

 tecting the fish and game of said state in the future. 



Disposition of license fees: Sec. 24. All money received by the State Game 

 and Fish Warden for the foregoing licenses [nonresident] shall be paid by him to 

 the State Treasurer and by him placed to the credit of the Fish and Game Fund. 



Laws of 1897, p. 249. 



Prima facie evidence: Sec 16. The possession of the dead bodies or any part 

 thereof, of any of the birds or animals mentioned in this Act shall be prima facie 

 evidence that such person or persons is or are guilty of killing the same. 



Grand jury; Jurisdiction; Indians; Peace officers: Sec. 20. It shall be the 

 duty of all grand juries to investigate all infractions of any of the provisions of this 

 Act, except such cases and violations as have been tried by a court of competent 

 jurisdiction, and upon due proof of violation of any of the said provisions, they shall 

 proceed to indict such party or parties according to law, and it is hereby made the 

 duty of the Judge of the District Court to call the attention of the Grand Jury to the 

 provisions of this Act. The District Court shall have concurrent jurisdiction with 

 the justices of the peace of all offenses committed under the provisions of this Act. 

 And it is further provided that in construing this Act, the provisions and penalties 

 hereinbefore made and prescribed shall be deemed and held to include all Indians 

 and half breed Indians when outside the Indian Reservation. It is further provided 

 and declared to be the duty of any sheriff, or peace officer of any county of this 

 State, and the county attorneys of the respective counties when it shall come to their 

 knowledge, or they shall have reason to believe that any person has violated any of 

 the Sections of this Act, to commence criminal proceedings against them either in 

 the Justice or District Court, as in their judgment shall be proper, and any failure 

 on the part of any county attorney, sheriff or other peace officer, or game warden, 

 who has knowledge of the violation of any of the provisions of this Act to commence 

 such proceedings, shall be deemed a misdemeanor, and he shall be punished by a 

 fine of not to exceed Five Hundred Dollars or by imprisonment in the county jail 

 for not less than six months, or both such fine and imprisonment in the discretion 

 of the court and shall forfeit his office. 



Extradition: Sec. 23. Whenever it shall appear under any prosecution under any 

 Section of this Act making it a felony for the violation thereof that the crime was 

 -committed, or that the game was killed or the fish caught in violation of law in 

 any State other than Montana it shall be the duty of the magistrate or the court 

 before whom the trial was had to hold said defendant for at least ten days, and for 

 further time as may be necessary to allow the authorities of said State wherein the 

 law has been violated to take the necessary steps to secure the arrest and extradition 

 of the accused, if they so desire; and on the holding of the accused under the pro- 

 visions of this Section, it shall be the duty of the county attorney, or attorney prose- 

 cuting to immediately notify the proper officers of this State and county in which it 

 appears the law has been violated, of all the facts and circumstances connected with 

 said proceeding. 



Laws of 1903, chap. XI, p. 11. 



Contraband game: Sec 9. * * * All game shipped or had in possession in 

 violation of any of the provisions of this Act may be seized, confiscated, and disposed 

 of, as provided by law. 



