216 GAME COMMISSIONS AND WAKDENS. 



protector to retain certain nets or seines for the use of the State fish hatcheries. No 

 action for damages shall be maintained for such seizure, retention or destruction. « 



Article X. 



Actions; Counsel; Attorney: [Sec] 185. [As amended by Laws of 1906, chap. 

 199.] Actions for penalties for a violation of the forest, fish and game provisions of 

 this act shall be in the name of the people of the State of New York; and must be 

 brought on the order of the commissioner. The forest, fish and game commissioner 

 may employ necessary counsel in the office of the forest, fish and game commission, 

 and may likewise designate and appoint an attorney or attorneys to represent -the 

 department in the prosecution or defense of any action or proceeding brought under 

 the provisions of the forest, fish and game law. They shall be paid by the state 

 treasurer on the warrant of the comptroller such compensation as shall be agreed 

 upon by the forest, fish and game commissioner. Such actions may be discontinued 

 by order of the court on the application of the commissioner upon such terms as the 

 court may direct. Such actions if in justice's courts, may be brought in any town of 

 the county in which the penalty is incurred or of the county in which the defendant 

 resides. 



Recovery: [Sec] 186. [As amended by Laws of 1905, chap. 285. Provides that 

 in successful actions for recovery of penalties the State shall recover costs, witness 

 t fees and other disbursements]. 



Disposition of moneys; Fees: [Sec] 187. Moneys recovered in an action for a 

 penalty, or upon the settlement or compromise thereof, and fines for violations of 

 this act shall be paid to the commission who shall apply so much thereof as may be 

 necessary to the payment of the expenses of collection except attorney fees, and shall 

 on the order of the commissioner pay one-half of the balance to the game protector 

 or fire warden, upon whose information the action was brought. 



Action by private person or society: [Sec] 188. [As amended by Laws of 

 1907, chap. 96. ] A»private person, on giving security for costs to be approved by a judge 

 of the court in which the action is brought and any society or corporation for the pro- 

 tection of fish or game, may recover in his or its name any penalty imposed by this 

 act for a violation of the fish and game provisions thereof, and shall be entitled in 

 case of collection, to one-half of the recovery; the balance shall be paid to the com- 

 mission. Notice of the commencement of such an action shall be given to the 

 commissioner or the chief game protector within fifteen days after the service of the 

 summons therein, and failure to give such notice shall be a defense to the action. 

 If after the commencement thereof an action be brought for the same penalty in the 

 name of the people, an order shall be entered on the application of the chief game 

 protector or of a commissioner for the discontinuance of such action without cost to 

 either party. Motion papers in such an application shall be entitled in both actions. 



Execution: [Sec] 189. Judgments recovered under this act may be enforced by 

 execution against the person. A person imprisoned upon such an execution shall 

 be confined for not less than one day, and at the rate of one day for each dollar 

 recovered. No person shall be imprisoned more than once or for more than six 

 months on the same judgment. Imprisonment shall not operate to satisfy a judg 

 ment. 



Jurisdiction: [Sec] 190. Courts of special sessions and police courts in towns 

 and villages, and the several courts in cities having jurisdiction to try misdemeanors 

 as provided by section fifty-six of the code of criminal procedure, shall in the first 

 instance have exclusive jurisdiction of offenses committed under this act, and the 

 jurisdiction of said courts shall extend to all such offenses committed in the county 

 where the court sits. A warrant shall be returnable before the magistrate issuing 

 the same. 



« See Lawton v. Steele (N. Y.), 152 U. S., 133; 14 S. C, 499. 



