270 GAME COMMISSIONS AND WAKDENS. 



violated, to immediately cause a thorough investigation to be made and x>roceed- 

 ings to be instituted if the proof at hand warrants. Such warden and his deputies 

 may seize and forthwith destroy any and all apparatus designated by any law relating 

 to fish and game to be a public nuisance. It shall be their duty to seize and confis- 

 cate in the name of the state any fish or game caught, killed or taken in violation of 

 any law or had in possession contrary thereto, to sell the same at public auction and 

 pay the proceeds to the state treasurer, less the expenses of such seizure and sale. 

 It shall also be their duty to seize and hold subject to the order of the court all 

 apparatus, appliances or devises which either of them shall have reason to believe is 

 being used in the violation of the fish and game law, and which is not designated by 

 law as a public nuisance, and if it be proven that the same is or has been, within six 

 months previous to such seizure, used in violation of law the court before which the 

 said apparatus, appliance or device is taken may order the destruction or sale of the 

 same to the highest bidder, after having declared it confiscated to the state. If sold 

 to the highest bidder the warden or deputy selling it shall remit to the state treasurer 

 the amount received therefor, less the expense of seizure and sale. 



Peace officers: Sec. 1498e. All sheriffs, deputy-sheriffs, coroners and police officers 

 are ex officio deputy fish and game wardens, and it shall be the duty of each of them 

 to assist the state warden or his deputies in the enforcement of the fish and game 

 law upon notice being given to either of them that a violation of law has been 

 brought to the attention of such warden or either of his deputies. 



Attorney -general: Sec. 1498f. The attorney-general and his assistants shall 

 advise the state warden concerning the discharge of his duties and assist him in the 

 enforcement of the fish and game law, aid in the prosecution of cases arising under 

 such law or in which said warden or any of his deputies shall be interested as such 

 officers, and conduct the prosecution when for any reason said warden shall deem 

 such prosecution necessary; assist him in the investigation of matters relative to the 

 law protecting fish and game and the violations thereof in such manner and at such 

 times as shall be necessary. 



District attorney: Sec. 1498g. It shall be the duty of every district attorney to 

 prosecute actions for violations of the law relating to fish and game, when complaint 

 is made by the state fish and game warden or any deputy, if his presence at the trial 

 of such offender against such laws shall be deemed necessary by the magistrate before 

 whom the same shall be brought. 



Disposition of fines; Game fund: Sec 1498h. [As amended by Laws of 1899, 

 chap. 312.] The fines collected under the laws regulating the taking, possession, 

 killing or transportation of fish and game, including the violations of the acts rela- 

 tive to the granting and holding of licenses to hunt certain game, shall be paid by 

 the magistrate to the county treasurer, and one-third of said amounts so received as 

 fines shall be by said treasurer designated and set apart as a fund for the protection 

 of fish and game and to reimburse the county for the moneys which it shall expend 

 for the enforcement of the fish and game laws. 



Nonliability: Sec 1498j. In the performance of his duties as warden or deputy 

 warden each of them shall be exempt from any and all liability to any person for 

 acts done or permitted or property destroyed under and by virtue of the authority 

 of law. 



Public nuisance; Seizure; Sale of seized game: Sec 1498k. It shall be the 

 duty of the Avarden, each of his deputies and of every sheriff, deputy-sheriff, con- 

 stable or other peace officer to destroy forthwith any article or thing declared by law 

 to be a public nuisance when found or taken in the unlawful use which, according 

 to law, makes the same a public nuisance; and no liability shall be incurred to the 

 owner or any other person for such destruction. Said warden and each of his 

 deputies may seize and take possession of, in the name of the state, any fish, venison, 

 birds, fowl or game caught, taken or killed or had in possession contrary to the pro- 



