236 GAME COMMISSIONS AND WARDENS. 



or fines, penalty or penalties attached to such violation, together with costs, one-half 

 of which penalty shall go to the informer, and the remaining one-half shall be forth- 

 with paid to the treasurer of the county in which the offense was committed; and it 

 shall be the duty of the said treasurer at the end of each month to forward the fund 

 so arising to the State Treasurer to be kept by the latter as a fund separate and apart 

 for the use of the Board of Game Commissioners, and to be drawn out upon warrant 

 signed by the president of the Game Commissioners and the Auditor General: Pro- 

 vided, That any defendant on refusing to pay said penalty shall be committed to the 

 common jail of the county for a period of not less than one day for each dollar of 

 penalty imposed, unless that defendant enter into recognizance with one or more 

 sufficient securities to answer said complaint on a charge of a misdemeanor before 

 the quarter sessions of the peace of the county in which the offense is committed, 

 which court, on conviction of the defendant of the offense charged and failure to pay 

 the penalty imposed by this act, together with the costs, shall commit said defendant 

 to the common jail of the county for a period of not less than one day for each dollar 

 of penalty imposed. 

 Approved June 4, 1897. 



Laws of 1899, No. 14 5 p. 17. 



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

 constables of the various wards, boroughs and townships of the Commonwealth shall 

 be ex-orficio fire, game and fish wardens. 



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

 wardens to enforce all statutes of this State now in force, or that may hereafter be 

 enacted, for the protection of forests and timber lands from fire, and for the protec- 

 tion and propagation of game, game birds, game animals, song and insectivorous 

 birds, and fish, and said 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 proceed without delay to hear, try 

 and determine the matter. Such arrests may be also 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; Disposition of seized game; Nonliability: Sec. 3. Said con- 

 stables or Avardens shall have power without warrant to search and examine any 

 boat, conveyance, 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 fish, have been violated; 

 and the said constables 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 are 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 believ- 

 ing 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 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 building, enclosure 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 said constable. All birds, animals or fish, or 

 nets, or fishing appliance, or apparatus, seized by any 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 constable or warden shall not be liable for damages on account of 



