SOUTH DAKOTA. 251 



any game warden shall have personal knowledge of any such violation, and he shall 

 fail to take proper steps for the arrest and conviction of any person, persons or cor- 

 poration so violating, he shall be deemed guilty of a misdemeanor. 



Deputies; Compensation; Liability; Oath.: [Sec] 3081. The game warden 

 shall appoint deputy game wardens for his county, whenever necessary to provide 

 guides as hereinafter provided, or when otherwise necessary. Such deputies shall be 

 residents of the county for which they are appointed. Such deputies shall receive 

 no stated compensation, but it shall be their duty to immediately report to the 

 warden any violation of the provisions of this article of which they have knowledge. 

 Failure so to do is a misdemeanor and shall subject the delinquent deputy to a 

 fine of not more than twenty-five dollars upon conviction. Such appointments may 

 be revoked by the warden at any time. 



Prima facie; Evidence: [Sec] 3088. [As amended by Laws of 1905, chap. 116.] 

 * * * The possession of the carcasses, skins, heads or antlers of such animals, in 

 excess of the number as herein provided [1 elk, 1 buffalo, 2 deer, 1 mountain sheep 

 in one year], shall be considered prima facie evidence of the violation of the pro- 

 visions of this section, except when in the possession of an operating taxidermist 

 for stuffing or mounting. 



Production of license; Search: [Sec] 3090. It shall be the duty of all persons 

 holding licenses to produce the same when demanded by any game warden, deputy 

 game warden, sheriff, deputy sheriff or constable. The game warden or any of his 

 deputies are hereby authorized to make, within his or their county, reasonable 

 examination of any tent, wagon, or other place where hunters might conceal game, 

 or hunter's equipment, where reasonable suspicion exists that the game law is being 

 violated. 



Disposition of fees and fines: [Sec] 3093. All moneys received from licenses 

 or from fines shall be paid to the county treasurer of the county wherein the same 

 are received and by him placed in the game fund of the county. 



Peace officers; Arrest; Search: [Sec] 3094. Any sheriff, deputy sheriff or 

 constable is hereby authorized to make arrests for violation of any of the provisions 

 of this article, and without a warrant, whenever such violation occurs within sight of 

 such officer, and they are hereby authorized to make search where suspicion exists 

 that this law is being violated, as in section 3090 provided for game wardens and 

 deputy game wardens. 



Confiscation; Sale: [Sec] 3095. * * * Upon conviction [for violation of 

 the game laws] the gun or guns, carcass or carcasses, seized at the time of the arrest 

 of such person so convicted shall be forfeited, and the court before whom such con- 

 viction is had may, upon due proof, adjudge the same to be forfeited and order the 

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

 to the county treasurer and by him placed in the game fund of the county. 



Jurisdiction: [Sec] 3096. Justices of the peace of the state shall have jurisdic- 

 tion of all offenses against this article in their respective counties. 



Separate offense: [Sec] 3097. [Each act of hunting without license or in close 

 season is a separate offense.] 



Political Code, Art. 25, p. 563. 



County wardens; Deputies: [Sec] 3104. It shall be the duty of the governor of 

 this state on or before the first day of March in each and every year, to appoint one 

 person in each of the organized counties of this state as a fish warden, who shall 

 hold such office for the period of one year, or until his successor is appointed and 

 qualified. That the fish warden so appointed shall appoint not to exceed ten per- 

 sons who are residents of his county, as his deputies, each of said deputies having 

 the same power and authority as vested by this article in said fish warden. 



