224 GAME COMMISSIONS AND WARDENS. 



or jury shall find, by a preponderance of the evidence, that the property at the time 

 of its seizure, was being used in violation of law, the court shall adjudge the property 

 forfeited, and shall render judgment against the owner or user thereof, for the costs, 

 and shall order the property turned over to the commissioners of fish and game, to 

 be by them sold at such time and place as they shall deem best, and the proceeds 

 thereof covered into the state treasury as provided by law. But if the court or jury 

 shall find that the property, at the time of its seizure, was not being used in violation 

 of law, the court shall order the property released. A writ of error may be prose- 

 cuted by the officer or person filing the complaint, or by the owner or user of the 

 property seized, to review the judgment and order of the court in forfeiting the prop- 

 erty, or in ordering its release, to the court of common pleas, circuit court, and 

 supreme court, in the same manner as writs of error are prosecuted in other civil 

 causes. But if the owner or person so unlawfully using the property at the time of 

 seizure shall be arrested and shall plead guilty, and shall confess that the property 

 seized was, at the time of its seizure, being used by him in violation of law, in such 

 case it shall not be necessary to institute a proceeding to forfeit the same, but the 

 court before whom the offender has pleaded guilty, shall, in imposing sentence, 

 further order and adjudge that the property so seized be forfeited to the State. 



Jurisdiction; Procedure; Costs: Sec. 9. Any justice of the peace, mayor, or 

 police judge, within his county, shall have final jurisdiction in all prosecutions for the 

 violation of any of the provisions of this act or of any law enacted for the protection, 

 preservation, or the propagation of birds, fish, or game, and shall have like jurisdic- 

 tion in all proceedings brought for the condemnation and forfeiture of any property 

 used iu the violation of any such law. If in any such prosecution, or condemnation 

 proceeding, the defendant shall demand a trial by jury, the court before whom the 

 prosecution or the proceeding is pending shall issue his venire to any warden or con- 

 stable of the county, containing the names of sixteen electors of the township, city, 

 or village, for which such court was chosen as such officer, to serve as jurors upon 

 the hearing of such prosecution or proceeding, which officer shall promptly execute 

 the same and make due return thereof to the court. If such venire be exhausted 

 without obtaining the required number of jurors to fill the panel, the court may 

 direct the warden, or the constable, to summon any of the bystanders, or to bring 

 in other persons, to act as jurors. Provided, That if the defendant consent in 

 writing (which shall be entered of record), he may be tried by a jury composed of 

 six persons, in which case the venire need not contain the names of more than ten 

 electors. Each party shall be entitled to two peremptory challenges, and to such 

 other challenges of jurors for cause as are permitted in criminal cases in the court of 

 common pleas. In criminal prosecutions like proceedings shall be had as in crimi- 

 nal cases in the court of common pleas; and in condemnation proceedings, like pro- 

 ceedings shall be had as in civil cases in the court of common pleas. In all prosecu- 

 tions and condemnation proceedings for the violation of any law enacted for the 

 protection, preservation or the propagation of birds, fish, or game, no cost shall be 

 required to be advanced, secured, or paid by, or bond or undertaking required of, 

 any person whose duty it is under the law T , to prosecute such cases or proceedings. 

 And if the defendant be acquitted, or if convicted and committed in default of pay- 

 ment of fine or costs, or if the property seized be released, the costs in such cases 

 shall be certified under oath to the county auditor who, after correcting the same, if 

 found incorrect, shall issue his warrant on the county treasurer in favor of the 

 person or persons to whom such costs and fees are due, and for the amount due 

 each person respectively. 



Prima facie evidence; Corporations; Conviction; Fines, etc.: Sec. 10. The 

 finding of any gun, net, seine, boat, trap or other device set, maintained, or in use, 

 in violation of any law relating to the protection, preservation or propagation of 

 birds, fish or game, shall be prima facie evidence of the guilt of the person owning, 



