248 GAME COMMISSIONS AND WARDENS. 



SOUTH DAKOTA. 

 Revised Codes, 1903. Political Code, Art. 23, p. 554. 



[Small game.] 



Prima facie evidence: [Sec] 3056 [As amended by Laws of 1903, chap. 150. 

 Prohibits export of game.] * * * the possession of such game by any per- 

 son, railroad company, express company or other common carrier shall be deemed 

 presumptive evidence of the violation of the laws of this state enacted for the protec- 

 tion of game. * * * 



Prima facie evidence: [Sec] 3058. Any person or persons traveling in any 

 manner in any part of this state outside of the immediate bounds of the inhabited 

 parts of any village, town or city in possession of any kind of a shot gun and ammu- 

 nition with dog or dogs ordinarily used or kept for the use of hunting any game 

 mentioned in this article from the first day of July, and to the first day of Septem- 

 ber each j-ear shall be presumed to have violated or attempted to violate the provi- 

 sions of this article as to unlawfully shooting or taking of game mentioned in this 

 article, the taking or shooting of which is prohibited during said time and proof of 

 the possession of such property during said time and in such place shall be prima 

 facie evidence of the guilt of such person or persons to so violate or attempt to vio- 

 late the provisions of this article as to shooting, killing or taking such game: * * * 

 and the fact that any traps, snares or other devises used for the purpose of trapping, 

 snaring or taking game birds, are found in the possession of, or upon the premises of 

 any person or persons, shall be prima facie evidence of guilt, violation or attempted 

 violation by such person or persons of the provisions of this article. 



Forfeiture and sale of appliances: [Sec] 3059. Any person offending against 

 any of the provisions of any section of this article shall be punished not only by the 

 fine herein prescribed, but also by a forfeiture of any gun or guns, dog or dogs, trap 

 or other sporting implement in his or their possession while so offending, and any 

 court having jurisdiction may, upon due proof, adjudge the same forfeited, and order 

 such traps to be destroyed, and may order any dog or dogs, gun or guns so used to 

 be sold at either public or private sale, and the proceeds of such sale shall be paid to 

 the county, to be placed in the county game fund. * * * 



Wardens; Peace officers; Duties; Oath: [Sec] 3061. The fish wardens who 

 are now appointed, or who may hereafter be appointed, shall be game wardens. 

 Each game warden, sheriff, constable, or other officer of the law, is charged with the 

 duty of enforcing the provisions of this article. He shall arrest or cause to be 

 arrested, all violators thereof, and shall prosecute all offenses against the same. He 

 shall have the power to arrest without a warrant any person or persons found vio- 

 lating any of the provisions of this law, when detected in the commission of the act. 

 And he may seize and take into his custody all the birds, or any part thereof, shot, 

 killed or taken during the period when the shooting, killing or taking is not per- 

 mitted by this article. Each warden, before entering upon the duties of his office, 

 shall take an oath to support the constitution and faithfully and impartially dis- 

 charge the duties of his office, which oath and appointment shall be filed with the 

 secretary of state. 



Deputies: [Sec] 3062. Each warden may appoint not more than ten deputies, 

 residents in his county. Such appointment must be made in writing, and shall be 

 revocable in writing at the pleasure of the principal. * - * 



Jurisdiction: [Sec] 3063. Each warden shall have jurisdiction throughout the 

 state to make complaint against, arrest and prosecute, all violators of the laws for the 

 protection of game, and each deputy shall have like jurisdiction throughout his 

 county. 



