220 GAME COMMISSIONS AND WARDENS. 



be paid over to the state treasurer by the county auditor of each county on the first 

 day of December of each year, and shall be placed in the state general fund. Thirty 

 per cent shall at the same time be paid over to the district game warden by the 

 county auditor of each county within his district, and shall be in full payment for 

 his services. Forty per cent shall at the same time be paid over to the deputy game 

 warden of the county, or when there is more than one, be divided equally between 

 them, and shall be in full payment for their services, and the remaining ten per 

 cent shall be retained by the county auditor for his personal services. And the 

 county auditor of every county shall at the same time file with the state auditor a 

 full report of all resident and non-resident permits issued by him during that year. 



Powers; Duties; Arrest; Fees: Sec. 1647. [As amended by Laws of 1903, chap. 

 103.] For the purpose of enforcing the laws of this state for the protection of game, 

 the district game wardens and their deputies shall have all the powers conferred by 

 law upon constables. It shall be the duty of each deputy game warden diligently to 

 inform himself of all violation of such laws and to prosecute the same, and to arrest 

 the party so violating them with a warrant sworn out before any justice of the peace 

 of the county in which the offense is committed, said warrant to be issued as pro- 

 vided in section 7891 of the revised codes. If caught in the violation thereof at the 

 time of his arrest, a party may be arrested therefor without a warrant, when he shall 

 be at once taken before a court having jurisdiction of the offense, and a warrant 

 issued, when the same proceedings shall thereafter be had as if a warrant had been 

 issued before his arrest, but no person shall be arrested without a warrant for any 

 such violation when not engaged in such violation at the time of his arrest. Upon 

 any conviction had for any violation of the provisions of this act, there shall be paid 

 to the deputy making the arrest such fees as are allowed constables for services in 

 like cases, to be taxed and collected as a part of the costs in the case. 



Penal Code, chap. 72, p. 1533. 



Seizure; Search: Sec 7683a. [As amended by Laws of 1903, chap. 103.] It shall 

 be the duty of district game wardens and their deputies, and all peace officers of this 

 state, at any and all times to seize and take possession of any and all animals or birds 

 which have been caught, taken, killed, shipped or received for shipment, had in 

 possession or under control contrary to the provisions of the laws of this state. Such 

 seizure may be made without a warrant. Any court having jurisdiction of the offense 

 upon receiving by oath or affirmation [proof] of probable cause for belief in conceal- 

 ment of any birds or animals caught, taken, killed, shipped or received for shipment, 

 had in possession or under control contrary to the provisions of the laws of the state, 

 shall issue a search warrant and cause a search to be made therefor in any place 

 particularly described in said warrant, and to that end may cause any building, 

 inclosure or car to be entered and any apartment, chest, box, locker, crate, basket 

 or package to be broken open and the contents thereof examined. Deputy game 

 wardens and all peace officers taking or seizing any such animals or birds shall at 

 once report the facts attending the same to the district game warden, and shall 

 at his request turn the same over to him. After such taking such animals or birds 

 shall be subject to the direction and 'control of the district game warden and shall 

 be considered in his possession. 



Contraband game; Disposition: Sec 7683b. [As amended by Laws of 1903, 

 chap. 103.] Any animals or birds caught, taken, killed, shipped or received for ship- 

 ment, had in possession or under control contrary to the provisions of the laws of this 

 state, which may come into the possession of the district game warden, either directly 

 or through any deputy or peace officer, shall be sold or disposed of within this 

 state, and the district game warden may issue a certificate to the person purchasing, 

 certifying that the same were legally obtained and possessed, and anyone so acquiring 



