232 GAME COMMISSIONS AND WARDENS. 



Laws of 1903, p. 140. 



Peace officers: Sec. 1. That from and after the passage of this act the sheriffs and 

 deputy sheriffs of the counties and constables of the various precincts and districts 

 of the State of Oregon shall be and hereby are created ex officio fire, game, and fish 

 wardens. 



Duties; Arrest; Trial; Sunday: Sec. 2. It shall be the duty of said fire, game, 

 and fish wardens to enforce all statutes of the state now in force, or that may here- 

 after be enacted, for the protection of forests and timber lands from fire, and for the 

 protection of game, game birds, game mammals, song and insectivorous birds, and 

 fish, * * * and said sheriffs, deputy sheriffs, constables, or wardens shall have 

 authority to arrest, without warrant, any person or persons caught by them in the 

 act of violating any of the aforesaid laws for the protection of forests and timber 

 lands, game and food and game fish, and take such person or persons forthwith 

 before a justice of the peace, or other magistrate having jurisdiction, who shall pro- 

 ceed without delay to hear, try, and determine the matter. Such arrests may also 

 be made on Sunday, in which case the person or persons arrested shall be taken 

 before the proper officer, and proceeded against as soon as may be on a week day 

 following the arrest. 



Search; Seizure; Nonliability: Sec. 3. Said sheriffs, deputy sheriffs, constables, 

 or wardens shall have power, without warrant, to search and examine any boat, con- 

 veyance, vehicle, fish box, fish basket, game bag, or game coat, or other receptacle 

 for game or fish, when they have good reason to believe that any of the laws for the 

 protection of forests and timber lands, game and food fish, have been violated; and 

 the said sheriffs, deputy sheriffs, constables, or wardens shall at any time seize and 

 take possession of any and all birds, animals, or fish which have been caught, taken, 

 or killed at any time in a manner or for a purpose, or had in possession or under 

 control, have been shipped or about to be shipped, contrary to any of the laws of 

 this state; * * * Any court having jurisdiction of the offense, upon receiving 

 proof of probable cause for believing in the concealment of any bird, animal, or fish, 

 caught, taken, killed, had in possession, under control or shipped, or about to be 

 shipped, contrary to the law, shall issue a search warrant, and cause a search to be 

 made in any place, and to that end may ;> after demand and refusal, cause any build- 

 ing, 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 by any said 

 sheriff, deputy sheriff, constable, or warden. All birds, animals, or fish, or nets, or 

 fishing appliance or apparatus, seized by any sheriff, deputy sheriff, constable, or 

 warden shall be disposed of in such manner as may be directed by the court before 

 whom the offense is tried, and such sheriff, deputy sheriff, constable or warden shall 

 not be liable for damages on accouut of any search, examination, or seizure, or the 

 confiscation of any nets or fishing appliance or apparatus of any kind in accordance 

 with the provisions of this act. 



Moiety of fines: Sec 4. Any sheriff, deputy sheriff, constable, or warden, as 

 informer or prosecutor, upon the arrest and prosecution of any offender to conviction 

 under the provisions of this act, shall, in addition to the fees to which he may be 

 entitled under existing laws, be entitled to receive one third of the money collected 

 as fines in such action. 



Jurisdiction; Returns of violations: Sec 5. Each of the said sheriffs, deputy 

 sheriffs, constables, or wardens shall, for the purpose of this act, have concurrent 

 jurisdiction throughout his own proper county; and they shall in the first week in 

 each term of the circuit court of their respective counties, make special returns to 

 said court, under oath, of all violations occurring in their respective counties or 

 districts, or which may come or be brought to their notice, of any of the provisions 

 of any law now in force, or that may hereafter be enacted for the protection of the 



