་ Compensa tion of commission. Receipts or earnings, use of. SECTION II. The members of the commission shall receive no compensation for their services, but their traveling and other necessary expenses, when approved by the president of the commission, incurred in the performance of their official duties, shall be paid by the treasurer upon an order from the auditor of state. SECTION 12. Authority is hereby given the commission to use, in the furtherance of the purpose of this act, any receipts or earnings that may accrue from the operation of industrial schools and workshops, as provided in section six of this bill, provided that a detailed statement of receipts or earnings and expenditures be made monthly to the auditor of state. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed May 9, 1908. ANDREW L. HARRIS, Governor. 181G. Fish and game commission, appointment of. Bond of commissioners. Compensation of commissioners. [Senate Bill No. 521.] AN ACT To revise and consolidate the laws relating to the appointment, powers and duties of the commissioners of fish and game. Be it enacted by the General Assembly of the State of Ohio: COMMISSIONERS OF FISH AND GAME. SECTION I. The governor, with the advice and consent of the senate, shall appoint five commissioners of fish and game, not more than three of whom shall belong to the same political party. One commissioner shall be appointed each year who shall serve for a term of five years. (97 v. 463, § I.) SECTION 2. Before entering upon the discharge of the duties of his office, each commissioner of fish and game shall give a bond to the state in the sum of two thousand dollars with two or more sureties approved by the governor, conditioned for the faithful discharge of the duties of his office. Such bond, with the approval of the governor and the oath of office indorsed thereon, shall be deposited with the secretary of state and kept in his office. (97 v. 463, § 2.) SECTION 3. The commissioners of fish and game shall serve without compensation, but their necessary expenses while engaged in the discharge of their official duties shall be paid by the state on the certificate of the commissioners. (97 v. 464, § 3.) commission. SECTION 4. The commissioners of fish and game shall Duties of have authority and control in all matters pertaining to the protection, preservation and propagation of song and insectivorous birds, game birds, game animals and fish within the state and in and upon the waters thereof. They shall enforce by proper legal action or proceeding the laws of the state for the protection, preservation and propagation of such birds, animals and fish; shall establish fish hatcheries and propagate fish therein or in any other manner for the waters of the state, and, so far as funds are provided therefor, shall adopt and carry into effect such measures as they deem necessary in the performance of their duties. (97 v. 464 § 4.) SECTION 5. The commissioners of fish and game shall appoint a chief warden and such number of deputy state Wardens, apwardens and special wardens as they deem necessary. The pointment of. chief warden and each deputy state warden shall hold his office for a term of two years unless sooner removed by the commissioners. Each special warden shall hold his office for such time as the commissioners direct and shall have the same powers and perform the same duties as a deputy state warden. (97 v. 464, § 5.) wardens. SECTION 6. Before entering upon the discharge of the duties of his office, each warden shall give bond to the state; Bonds, of the chief warden in the sum of two thousand dollars, each deputy state warden in the sum of two hundred dollars, and each special warden in the sum of five hundred dollars, with two or more sureties approved by the commissioners of fish and game, conditioned for the faithful discharge of the duties of his office. Such bond, with the approval of the commissioners and the oath of office indorsed thereon, shall be deposited with the commissioners and kept in their office. (97 v. 464, § 5.) of game SECTION 7. The chief warden, special wardens and deputy state wardens shall enforce the provisions of this Enforcement act and the laws relating to the protection, preservation laws. and propagation of birds, fish and game. Under the direction of the commissioners of fish and game, the chief warden shall visit all parts of the state and direct and assist the special wardens and deputy state wardens in the discharge of their duties. (97 v. 465, § 6.) tion of SECTION 8. The commissioners of fish and game may allow the chief warden, each special warden and each deputy state warden such compensation as they deem proper and Compensahis necessary expenses. In addition to the salaries and wardens. compensation herein provided, each warden shall be entitled to receive the same fees as sheriffs are allowed for like services in criminal cases. The salaries and expenses of the chief warden and each special warden and the compensation allowed each deputy state warden shall be paid by the state upon the order of the commissioners. (97 v. 464, § 5.) Police powers of wardens. Seizure of Sunday arrests. Failure to give bond, effect of. SECTION 9. Each warden may serve and execute warrants and other process of law issued in the enforcement of any law for the protection, preservation or propagation of birds, fish and game in the same manner as a sheriff or constable may serve and execute a process, and he may arrest on sight and without a warrant a person found by him violating any such law. He shall have the same authority as sheriffs to require aid in executing a process or in making an arrest. He may seize without process birds, fish or game then found in possession of such person, together with the guns, nets, seines, boats, traps or other devices with which they were taken or killed or used in taking or killing them, and forthwith convey the persons so offending before a court or magistrate having jurisdiction of the offense. (97 v. 465, § 6.) SECTION IO. Arrests may be made on Sunday, in which case the offender shall be taken before a court or magistrate and required to give a bond for his appearance at a time fixed for the hearing of the complaint on a week day so soon as practicable after the arrest. If a bond is required for the appearance of the offender and he fails to give it, the court may order him committed to the jail of the county or to some other suitable place until the time set for the hearing of the complaint. The jailer or officer in charge of the place designated by the court shall receive the person so committed. (97 v. 465, § 6.) SECTION II. Sheriffs, deputy sheriffs, constables and other police officers shall enforce the laws for the protection, preservation and propagation of birds, fish and game and for this purpose they shall have the power conferred upon the wardens and receive like fees for similar services. Prosecutions by a warden or other police officer for offenses when offenses not committed in his presence shall be instituted only upon the approval of the prosecuting attorney of the county in which the offense is committed or upon the approval of the attorney general. (97 v. 465, § 6.) Prosecutions, not com mitted in presence of officer. Seizure of property. Forfeiture SECTION 12. Any gun, net, seine, boat, trap, or other device used in the unlawful taking, catching or killing of birds, fish or game is a public nuisance. Each warden or other police officer shall seize and safely keep such property, and, unless otherwise ordered by the commissioners of fish and game, within five days institute proceedings in a proper court of the county for its forfeiture as provided by law. A writ of replevin shall not lie to take the property from his custody or from the custody and jurisdiction of the court in which such proceeding is instituted, nor shall such proceeding affect a criminal prosecution for the unlawful use of such property. (97 v. 466, § 7.) SECTION 13. An action for the forfeiture of any such property shall be commenced by the filing of an affidavit describing the property seized and stating the unlawful use made of it, the time and place of seizure, the name of the person owning or using it at the time of seizure, if known, and if unknown, such fact shall be statea. (97 v. 466, § 8.) summons. SECTION 14. Upon the filing of the affidavit, the court shall issue a summons setting forth the facts stated in the affidavit and fixing a time and place for the hearing of the cause. A copy of the summons shall be served on the Service of owner or person using the property at the time of its seizure if he is known, or by leaving a copy thereof at his usual place of residence or business in the county at least three days before the time fixed for the hearing of the complaint. If the owner or user is unknown or a non-resident of the county or can not be found therein, a copy of the summons shall be posted at a suitable place nearest the place of seizure, but if his address is known a copy of the summons shall be mailed him at least three days before the time fixed for the hearing of the complaint. On the day fixed for the hearing, the officer making such service shall make a return of the time and manner of making the service. Upon proper cause shown, the court may postpone the hearing. (97 v. 466, § 8.) guilty, SECTION 15. If the owner or person unlawfully using such property at the time of its seizure is arrested, pleads guilty and confesses that the property at the time Pleading of its seizure was being used by him in violation of law, effect of. no proceedings for forfeiture shall be instituted, but the court in imposing sentence shall order the property so seized forfeited to the state. (97 v. 466, § 8.) SECTION 16. If the defendant in a proceeding for forfeiture or condemnation under this act demands a jury, the court shall issue a venire to a warden or constable of the county containing the names of sixteen persons to serve as jurors therein, who must be electors of the township, city or village for which such judge or magistrate was chosen. Such officer shall promptly execute and make return of the venire. If it be exhausted without obtaining the required number of jurors, the court may direct the officer to summon bystanders or other persons. If the defendant consents in writing and such consent is entered of record, the cause may be heard by a jury composed of six persons, in which case the venire shall not contain the names of more than ten electors. Each party shall be entitled to two peremptory challenges of jurors and such challenges for cause as in civil cases in the court of common pleas. (97 v. 467, § 9.) SECTION 17. In any prosecution for violation of any provision of this act where imprisonment may be a part of the punishment, if a trial by jury be not waived the justice of the peace shall, not less than three nor more than five days before the time fixed for trial, certify to the clerk of the court of common pleas of his county that such prosecution shall proceed to draw, in the presence of representatives of both parties, from the jury wheel or box containing the names of persons selected to serve as petit jurors in the court of common pieas in said county, twenty ballots or names, which shall be drawn and counted in the Jury, issue of venire for. Jury of six certain cases. persons in Peremptory challenges. Drawing of jury, where is a part of the punish imprisonment ment. Challenges of jurors. Costs, Judgment, no exemption from lien of. same manner as for jurors in said court of common pleas. Said clerk shali forthwith certify the names so drawn to said justice of the peace, who, upon receipt thereof, shall issue to any constable of the county a venire containing such names to serve as jurors to try such case and make due return thereof. The jurors shall be subject to the same challenges as jurors are subject to in criminal cases, except capital cases, in the court of common pleas. If the venire of twenty names be exhausted without obtaining the required number to fill the panel, the justice shall fill the panel with talesmen in the manner provided for criminal cases in said court of common pleas. In all cases prosecuted under the provisions of this act, no costs shall be required to be advanced or be secured by any person or persons authorized under the law to prosecute such cases; and if the defendant be acquitted or discharged from custody, by nolle or otherwise, or if he be convicted and committed in default of paying fine and costs, all costs of such case shall be certified by said justice of the peace under oath to the county auditor, who, after correcting any errors in the same, shall issue a warrant on the county treasury, in favor of the person or persons to whom such costs and fees shall be paid. SECTION 18. If the defendant in a prosecution or condemnation proceeding under the provisions of this act is convicted, judgment shall be rendered against him for the costs in addition to the fine imposed or forfeiture declared. The judgment shall be the first lien upon his property and no exemption shall be claimed or allowed against such lien. If he fails to pay the fine and costs imposed or execution issued is returned unsatisfied, the person convicted shall be committed to the jail of the county or to a work house and there confined one day for each dollar of fine and costs failure to pay adjudged against him. He shall not be discharged therefrom by any board or officer except upon payment of costs remaining unsatisfied or upon the order of the commissioners of fish and game. (97 v. 468, § 10.) Commitment, for fine and costs. Error, prosecution in. Opening packages, etc., by officer. SECTION 19. A petition in error to the court of common pleas, circuit court or supreme court may be prosecuted by the officer or person filing the complaint, or by the owner or user of the property seized to review the judgment and order of the court in forfeiting the property or in ordering its release. Such petition shall be governed by the provisions governing petitions in error in felony cases tried in the court of common pleas. (97 v. 466, § 8.) SECTION 20. Each warden, sheriff, deputy sheriff, constable and other police officer may open and inspec. a package, parcel, box, coat, clothing or receptacle which he has good reason to believe contains birds, fish or game killed, taken or had in possession contrary to law, or a room, building car, boat or other place wherein birds, fish or game are kept for sale contrary to law, or in wihch he has good reason to believe there are birds, fish or game killed, taken or had in |