CHAP. 95 possession of any person or corporation in violation of the Game hunted, etc., in violation seizure. provisions of this chapter and amendments thereto, shall be liable to seizure; and in case of conviction for such violation, shall be forfeited to the prosecutor, who may sell the same. for consumption in this state,' so that said section as amended, shall read as follows: 'SECT. 15. All game hunted, caught, killed, destroyed, of law, liable to bought, carried, transported or found in possession of any person or corporation, in violation of the provisions of this chapter and amendments thereto, shall be liable to seizure; and in case of conviction for such violation, shall be forfeited may be sold for to the prosecutor, who may sell the same for consumption in ---if forfeited, home consump tion. Officer duly authorized, may arrest any violator, without process. be taken before trial justice in any county. -jurisdiction granted to all trial justices. this state.' SECT. 8. Section sixteen of said chapter is hereby amended by striking out all of said section after the figures "sixteen," and inserting the following words: any officer authorized to enforce the fish and game laws, may, without process, arrest any persons found violating any of said lavs; and he shall, with reasonable diligence, cause him to be taken before any neighboring trial justice in any county, for a warrant and trial; and jurisdiction in such cases in this and section nine hereof, is hereby granted to all trial justices and all other courts to be exercised in the same way and manner as if the offence had been committed in that county. And any officer who shall maliciously, or without probable cause abuse his power in such proceedings shall be liable upon complaint or indictment, to a fine not exceeding one hundred dollars or imprisonment not exceeding three months,' so that said section as amended, shall read as follows: 'SECT. 16. Any officer authorized to enforce the fish and game laws may, without process, arrest any violator of any of said laws; and he shall with reasonable diligence, cause -offender may him to be taken before any neighboring trial justice in any county, for a warrant and trial; and jurisdiction in such cases in this and section nine hereof, is hereby granted to all trial justices and all other courts to be exercised in the same way and manner as if the offence had been committed in that county. And any officer who shall maliciously, or without probable cause abuse his power in such proceedings shall be liable upon complaint or indictment, to a fine not exceeding one hundred dollars or imprisonment not exceeding three months.' -penalty, if officer abuses his power. SECT. 9. Section seventeen of said chapter is hereby CHAP. 95 amended by striking out all of said section after the figures "seventeen," and inserting the following words: sheriff's, deputy sheriffs, police officers and constables, are vested with the powers of game wardens and their deputies, and shall receive for their services the same fees;' so that said section as amended, shall read as follows: SECT. 17. Sheriffs, deputy sheriff's, police officers and constables, are vested with the powers of game wardens and their deputies, and shall receive for their services the same fees.' SECT. 10. Section eighteen of said chapter is hereby amended by striking out all of said section after the figures "eighteen," and inserting the following words: officers authorized to enforce the fish and game laws and all other persons, may recover the penalties for the violation thereof in an action of debt in their own names, or by complaint or indictment in the name of the state, and such prosecution may be commenced in any county in which the offended may be found, or in any neighboring county;' so that said section as amended, shall read as follows: Sheriffs and other officers have powers of 1893-25-0 wardens; fees. may be 'SECT. 18. Officers authorized to enforce the fish and game How penalties laws and all other persons, may recover the penalties for the violation thereof in an action on the case in their own names or by complaint or indictment in the name of the state, and such prosecution may be commenced in any county in which the offender may be found, or in any neighboring county.' SECT. 11. Section twenty-one of said chapter as amended by chapter two hundred and forty-eight of the public laws of eighteen hundred and eighty-nine is hereby amended, by striking out all of said section after the period in the fourteenth line, and inserting the following words: ‘and no person at any one time shall kill, expose for sale, or have in possession, except alive, more than thirty of each variety of birds. above named, during the respective open seasons, nor shall any person at any time kill, expose for sale, or have in possession, except alive, any of the above named varieties of birds, except for consumption within this state, under a penalty of five dollars for each bird so unlawfully killed, exposed for sale or in possession; nor shall any person or corporation carry or transport from place to place in open season any of the above mentioned birds unless open to view, CHAP. 95 Certain birds and September tagged and plainly labeled with the owner's name, and accompanied by him, under the same penalty; any person, not the actual owner of such birds, who, to aid another in such transportation falsely represents himself to be the owner thereof, shall be liable to the same penalty; nor shall any person or corporation carry or transport at any one time more than fifteen of any one variety of birds above named, as the property of one man under the same penalty; nothing in this section shall prevent any market man or provision dealer having an established place of business in this state, from purchasing at his said place of business, any bird lawfully caught, killed or destroyed, or any part thereof, and selling the same in open season at retail to his local customers;' so that said section as amended, shall read as follows: SECT. 21. Whoever kills or has in possession, except between April 1 alive, or exposes for sale, any wood duck, dusky duck, commonly called black duck, teal or gray duck, between the first days of April and September, or kills, sells or has in 1. 1893-288- possession, except alive, any ruffed grouse, commonly called -others between Dec. 1 and Sept. 1, and and Oct. 1. partridge, or woodcock, between the first days of December and September following; or kills, sells or has in possession, except alive, any quail between the first day of December and the first day of October following, or pinnated grouse, commonly called prairie chicken, between the first days of January and September, or plover between the first days of May and August, forfeits not less than five nor more than ten dollars, for each bird so killed, had in possession, or exposed for sale. And no person shall at any one time, kill, expose for sale, or have in possession, except alive, more than thirty of each variety of birds above named, during the respective open seasons, nor shall any person at any time kill, expose for sale, or have in possession, except alive, any of the above named varieties of birds except for consumption within this state, under a penalty of five dollars for each bird so unlawTransportation fully killed, exposed for sale or in possession; nor shall any Killing or possession more than thirty of open season; or at all, except for prohibited in open season, -falsely repre- person or corporation carry or transport from place to place in open season any of the above mentioned birds unless open to view, tagged and plainly labeled with the owner's name, and accompanied by him, under the same penalty; any person, not the actual owner of such birds, who, to aid another in such transportation falsely represents himself to be the owner thereof, shall be liable to the same penalty; CHAP. 95 -transporting more than fifteen of one prohibited. -market men may sell such birds, lawfully killed, in open season. amended. nor shall any person or corporation carry or transport at any how disposed of. 'SECT. 26. All fines, penalties and costs collected on com- Fines and costs, plaint or indictment for the violation of any fish or game law shall be paid to the court rendering final judgment thereon, and by such court to the treasurer of the county in which said court is held; and all fines and penalties recovered in actions of debt for the violation of any such law, shall be paid forth CHAP. 96 -if plaintiff prevails, shall have full costs. -penalty, if officer neglects to pay fines to county treasurer. Inconsistent acts repealed. with to such treasurer. And all such fines and penalties shall be forthwith paid by such treasurer into the state treasury, there to be credited as additional to the funds appropriated by the state to inland fisheries and game and sea and shore fisheries respectively, according to the special department under which they are received, the same to be used by the commissioners of fisheries and game respectively, in the enforcement of the fish and game laws. In all actions of debt therefor in any court, if the plaintiff prevails he shall recover full costs without regard to the amount recovered. Any officer or other person who shall receive any fine or penalty, or any part thereof, for the violation of any fish or game law, either on complaint or indictment as aforesaid, or if by action of debt, and neglects for more than sixty days to pay the same into such county treasury, shall be punished by fine not less. than forty nor more than one hundred dollars for the first offence, and for every subsequent offence, by such fine, and imprisonment not exceeding six months.' SECT. 13. All acts or parts of acts inconsistent with this act, are hereby repealed. Approved March 25, 1891. Sec. 33, ch. 225, Chapter 96. An Act amendatory of and additional to chapter two hundred and twenty-five of the Public Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section thirty-three of chapter two hundred and 1880, amended. twenty-five of the public laws of eighteen hundred and eighty is hereby amended, so as to read as follows: Staff of commander-inchief. 'SECT. 33. The staff of the commander-in-chief shall consist of the adjutant general, who shall be, ex-officio, chief of staff, quartermaster general, and paymaster general, with the rank of brigadier general; an inspector general, with the rank of brigadier general; a commissary general, a surgeon general, and a judge advocate general, each with the rank of colonel; four aides-de-camp, with the rank of lieutenant colonel, and a military secretary, with the rank of major. All staff officers of the commander-in-chief, except the adju |