ohio. 225 



using or making claim to the same; and the finding of any birds, fish, or game, 

 unlawfully in the possession of any person, shall be prima facie evidence of the guilt 

 of such person. * * * Whenever any affidavit shall be filed and warrant issued 

 against any corporation for the violation of any of the provisions of this act or any 

 law for the protection, preservation or propagation of birds, fish or game, a summons 

 shall be issued, directed to the sheriff, constable or warden, commanding said officer 

 to notify the accused thereof, and returnable on or before the tenth day after its 

 date; such summons, together with a copy of the warrant, shall be served and 

 returned in the manner provided for the service of summons upon such corporations 

 in civil actions; the corporation on or before the return day of the summons, may 

 appear by any one of its officers or by council and answer the warrant by motion, 

 demurrer or plea, and upon its failure to make such appearance and answer, a plea 

 of "not guilty" shall be entered, and upon such appearance being made or plea 

 entered, the corporation shall be deemed thenceforth continuously present in court 

 until the case is finally disposed of. In every case of conviction, the cost of prose- 

 cution, and of condemnation shall, in addition to the fine imposed, or forfeiture 

 declared, be adjudged against the person convicted, or the owmer or user of the 

 property condemned. Whenever, upon conviction, the person convicted fails to pay 

 the fine and costs imposed upon him, or execution issued is returned unsatisfied, he 

 shall be committed to the jail of the county or to some workhouse and shall there 

 be kept confined one day for each one dollar fine and costs adjudged against him, 

 and he shall not be discharged or released therefrom by any board or officer, except 

 upon payment of the portion of the fines and costs remaining unserved, or upon the 

 order of the commissioners of fish and game. All fines, penalties, and forfeitures 

 arising from prosecutions, convictions, confiscations, or otherwise (unless otherwise 

 directed by the commissioners of fish and game) shall be paid by the officer before 

 whom the prosecution is had or by whom the fine is collected, to the president of 

 the commissioners of fish and game, and by him paid into the state treasury to the 

 credit of the fund which is hereby appropriated for the use of the commissioners. 



Search.; Seizure: Sec. 11. Every warden, sheriff, deputy sheriff, constable, or 

 other police officer, may inspect any package, parcel, box, coat or clothing, or other 

 receptacle, in the possession of any person, w T hich the said warden shall have good 

 reason to believe contains birds, fish, or game killed, taken, or had in possession in 

 violation of law; and to inspect any room, building, car, boat, or other place wherein 

 birds, fish, or game are kept for sale, or which he has good reason to believe contains 

 birds, fish or game, killed, taken, or had in possession in violation of law. If the 

 person in whose custody or possession such package, parcel, box, coat or clothing, 

 or other receptacle may be, or the owner or person in charge of any such room, 

 building, car, boat, or other place refuse to permit such inspection, upon demand 

 made by the warden, the warden shall have the power after having made, or with- 

 out making such demand, upon filing an affidavit in accordance with the provisions 

 of section 7121 Revised Statutes before an officer having jurisdiction of the offense, 

 and receiving a search warrant issued thereon, to forcibly open and inspect any such 

 package, parcel, box, coat or clothing, or other receptacle, or room, building, car, 

 boat or other place, and if he shall find therein any birds, fish, or game, unlawfully 

 in the possession of any person, he shall forthwith seize the same, and the same shall 

 escheat to the state, and arrest the person in whose custody or possession the same 

 is found. 



Separate offense; Prima facie evidence: Sec. 16. [Fixes seasons for rabbits, 

 squirrels, and raccoons, and prohibits sale or transportation of squirrels.] And each 



[uirrel so killed, taken, had 'in possession, received for transportation, or trans- 

 >orted, contrary to the provisions of this section, shall constitute a separate offense. 

 ?he reception by any person within this state of any squirrel for shipment to a point 



