228 GAME COMMISSIONS AND WARDENS. 



control of, and to be removed by the Territorial Game and Fish Warden, and shall 

 receive such compensation as provided in this Act for the serving of processes and 

 making arrests and such other compensation as may be provided for by the Game 

 and Fish Warden of the Territory, but in no case shall the county or Territory be 

 liable for any fees or compensation other than for the serving of process as herein 

 provided. Any person who hinders or obstructs or interferes with or attempts to 

 hinder, obstruct or interfere with the said Game and Fish Warden, or any deputy 

 or county warden in the discharge of his duties, shall be deemed guilty of a 

 misdemeanor, * * * 



Costs; Warden's fees: (3089) [Sec] 21. In each prosecution before a justice of 

 the peace for the violation of any of the provisions of this Act there shall be a fee of 

 ten dollars taxed and collected as costs, and one-half of which shall be paid by the 

 justice of the peace to the Game Warden of the Territory, and one-half to the county 

 game warden of the county in which such prosecution is had, and for each prosecu- 

 tion in the district court, there shall be a fee of twenty-five dollars taxed and col- 

 lected as costs, one-half of which shall be paid by the district clerk to the Game 

 Warden of the Territory and one-half to the county game warden of the county in 

 which such prosecution is had. 



Prima facie evidence: (3073) [Sec] 5. The possession or having under control 

 of any kind of bird, game or fish, the killing of which is at any time or at a time 

 prohibited by the laws of this Territory, shall be prima facie evidence that it was 

 killed in this Territory, to disprove which it shall be necessary to show by the testi- 

 mony of the party who actually caught, took or killed the same, that it was killed 

 outside of this Territory. Whenever it shall appear that any bird, game or fish of 

 a kind, the killing of which is at any time or at all times prohibited by the laws of 

 this Territory, was caught, taken or killed outside of this Territory, it shall be prima 

 facie evidence that such bird, game or fish was caught, taken or killed at a time, in 

 a manner and for a purpose prohibited by the laws of the Territory, State or country 

 where it was caught, taken or killed, and was shipped out of said Territory, State or 

 country in violation of the laws thereof, to disprove which it shall be necessary to 

 show by direct and positive evidence that it was killed at a time, in a manner and 

 for a purpose permitted by the laws of the Territory, State or country where the 

 same was killed, and that its shipment out of said Territory, State or country was 

 not forbidden by the laws thereof. 



County and township officers; Costs: (3082) [Sec] 14. For the more certain 

 detection and punishment of the violators of this Act, it is hereby made the duty 

 of all county and township officers, when any violation of the provisions of this 

 Act is brought to their knowledge, to file an affidavit before some court or magistrate 

 having jurisdiction of such cases information and belief charging the person or persons 

 with the offense committed, and upon the filing of such affidavit, a warrant shall 

 issue for the arrest of said person or persons to be tried for misdemeanor as provided 

 by the criminal laws of the Territory of Oklahoma, except that it shall not be neces- 

 sary for the county attorney to recommend that a warrant issue and any person 

 making complaint shall not be liable for costs: Provided, That no bond shall be 

 required for costs from any persons making such complaint. And any person vio- 

 lating the provisions of, or the duties imposed by this section, shall be deemed 

 guilty of a misdemeanor, * * * 



Common carriers: (3083) [Sec] 15. * * * And it is hereby made the duty 

 of each and every county attorney in the Territory, upon information that any rail- 

 road company, express company, or other common carrier has violated any of the 

 provisions of this Act within their respective counties, to immediately institute suit 

 therefor as in this Act provided. 



