The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-05-16
public General Laws.
CHAPTER 2ss.

AND DEPUTY GAME WAfOG1NS'
AND TO PROVIDE FOR THE MORE
VIGOROUS ENFORCEMENT OF THE
GAME AND FISH LAWS OF THIS
STATE.
Section 1. Be It enacted by the General
Assembly of Maryland, That the Gov
ernor of this state shall, Immediately upon
the passage of this act ana theI on
hundred and ninety-eight, ana every wv
wears thereafter. appoint Game w aro en-
for this state, whose term OF ,ccsssor
he appointed. The said Game Waruen
shall receive a salary from the state LOT
his services of tive hundrea dolia[s % ~ ~
anfum and shall receive portion u the
fines arising from the violation OF the
Game and Fish Laws when the oMenuers
shall be prosecuted by said Game " arueh
or his Deputy Game Warden, as nereln-
after provided The said Game Warden
may be removed by the Governor OF TINS
state at any time upon PROOF, sa tlsIdctOILS
10 him, that said Game WaraehI y no. I!5s
orousIy enforcing the Game or FISH Laws
of this state, or is not a mt person LOT saiI
position. In this Act the word "a Gat me
Shall be taken TO embrace deer WI" iL.,t uea
kew, pinnated grouse, ruined grouse gS
known as pheasants, Monaghan an9 ING
fish pheasants, woodcock, partridge OF
Quail, rabbits, squirrels, ducks geese anu
a
Section 3 1t shall be the duty OF the
said Game Warden and his Deputy Game
Wardens to prosecute all persons OF coL
porations having in their possession any
Fame or Fish contrary TO either the Cen
eral of Local Game or tlsh Laws OF ms
state II shall also be thelr outy 10 see
IhaI the Game and Fish Laws are en-,
forced, and to obtain Information as 70 az
Violations of the said Game and t1sh
Section 3. Whenever the Game Warden
&c that
Should have Deputy Game Wardens
appointed to assist him in more ein-
GENTLY enforcing the Game and Flsn
Laws Of this state. he may Apply
persons as he may designate to act
as Deputy Game Wardens in any OF the
counties or in Baltimore city 10 enforce
the Game and Fish Laws OF TINS staIe'
Such persons need not be residents OF the
county or city for which they are appoint
ed. If the Governor approve such per
sons he may appoint them Deputy Game
Wardens. Such Deputy Game Wardens
shall not receive a salary from the state
or counties, but shall be paid such com
pensation out of the fines collected OF
otherwise, as the Game Warden may
agree with them. l..
Section A. The Governor shall issue to
each person SO appointed as PePuty G ans
such commission to the clerk once OF
the Circuit Court for the county for Whlch
the Deputy Game W aruen Is dPpotItt
and to the office of the clerk of the Supe-
rior Court of Baltimore City, If appointed
for Baltimore City, and he may revoke ano
annul any such appointments at ms pleas
Section 5. Every Deputy Game Warden
SO appointed shall, before entering upon
the duties of his office, take and subscribe
before Justice of the Peace OF the coun-
~ or city in which his commission may
be received, the oath or affirmations pre-
scribed by the Sixth Section of the frst
Article of the Constitution Of this state
which oath or affirmation shall be record
ed in the clerks office OF such county OF
city. The Game Warden throughout the
state, and also every Deputy Game war
den so appointed, after the recording OF
the oath or affirmation to be by said Dep
uty Game Warden taken as aforesaid
shall in the county or city for which sale
Deputy Game Warden may be appointed
possess and exercise all the authority and
power held and exercised by constables al
common law and under the statutes OF
this state, and also all authority and
powers conferred by law upon policemen
In the city OF Baltimore as for arrestsng
and prosecuting persons for violating any
of the Game and Fish Laws OF this state,
are concerned. The clerk shall only charge
fifty cents for recording said oath OF
Section s. The Game Warden and Dep
uty Game Warden shall, when acting in
his official capacity, except when on detec-
tive. duty, wear in plain view METALLIC
shield. with the words Game Warden
or Deputy Game Warden, as the case
may be. inscribed thereon.
Section z. Whenever the services of any
Deputy Game Warden shall no longer be
required by the Game Warden, the Game
this effect, and shall file the same in the
office of the clerk where the oath of office
of such Deputy Game Warden shall be
recorded. which notice shall be noted by
the clerk upon the margin of the record
where such oath or affirmation is record
ed. and thereafter the power of such Dep
uty Game Warden shall cease and deter
mine, and copy Of such notice shall be
Immediately served on such Deputy Game
Warden by the Game Warden.
Section S. In all cases in which prosecu-
lions for violation of any OF the General or
Local Game or Fish Laws of this state
shall be instituted by the Game Warden
or any Deputy Game Warden, and shall
result in the collection of a fine or fines,
proper court costs or costs of the magis-
trate in convicting such offenders shall
have been paid, shall be paid to the Game
Warden as his compensation.
And all public and local game and fish
laws heretofore enacted are hereby so
amen6ed as to make the fine therein pro-
viceG pay able to the Game Warden, ac-
cordirs &c the terms OF the section.
Thie Sc ion shall not prevent the col
lection of any portion of such fines given
by law - the informer by any person,
Warden, procuring the conviction of any
person Violating the Game and Fish Laws.
Sector 8. If the Game Warden or any
Deputy Game Warden has reason to be-
lieve that any person or corporation has
in his or its possession, contrary to law,
any game as defined by section one, or fish,
II shall be the duty of the Game Warden
or such Deputy Game Warden TO go be-
fore any Justice of the Peace in the county
or city in which the game or fish may be-
and make affidavit Of that fact Said
justice shall thereupon issue a search war
rant against the person or corporation so
complained Of, directed to any constable
of the said county or city, commanding
him to proceed at once and search for said
game or fish, and upon finding the same
TO seize and take possession OF the same
and keep II until further order by the
justice. The said constable shall read said
warrant to the owner or person in whose
possession said game or fish is supposed
TO be. Said warrant shall be returnable
within not less than twelve hours nor
more than twenty-four hours from the
date thereof.
Section TO- At the time mentioned in
said warrant, said justice shall proceed
to hear and determine whether said game
or hsh was in possession of the person or
corporation contrary to law, and If the
said justice finds that said game or fish
was in the possession of the defendant con-
trary to law, the said justice shall enter
judgment against the defendant and or
der sale Of the game or fish so seized; but
II the said justice shall find the possession
OF such game or fish was not contrary to
law, then the judgment shall be that the
same be returned to the person or CORPORA
uon from whom the same was taken. An
appeal to the Circuit Court for the county
or the Baltimore City Court, as the case
may be, may be taken within ten hours
by the defendant from the judgment of the
justice upon giving sufficient bond to
cover the costs of the appeal and the value
of the game or fish seized to be determined
by the justice.
Section II. In case of judgment and
order OF sale, as specified in section ten,
and in absence of an appeal and the filing
of proper bond as provided by said sec
ton, then said constable shall at once
and the other at the place Of sale, specify
ing in each notice the time and place of
sale, not less than five hours from the
hour at which the judgment was rendered,
ana also description OF the game or fish
TO be sold. Said place of sale shall be at
the most public place obtainable for the
purpose. Said constable shall at the time
ana place mentioned in said notice sell
such game or fish at public auction to the
highest bidder for cash, and at once pay
the proceeds of such sale to the justice.
said constable shall give the purchaser a
certificate of purchase, in which shall be
particular description of the game or
hsh sold. together with the date of sale
Section II. If there has been no appeal,
or If the judgment of the justice Is af-
drmed on appeal. the said justice shall
deduct his costs, If not already paid, to-
gether with the constable's costs. which
snail include fee of ten per centum of
the amount of the proceeds of the sale for
MS services as auctioneer and shall dis
tribute the balance Of such proceeds of
sale or the ascertained value of the game
or nsh seized as secured by the bond as
follows: One-half shall be paid TO the
Game Warden, which shall be kept by him
Tor his services, and one-half shall be paid
into the county or city treasury for the
benefit of the school fund
Section 10. The Game Warden and the
Deputy Game Warden shall not be liable
Tor any damage or costs sustained by any
person or corporation by reason of the
wrongful seizure of game or Ash unfjer
this act; provided. however, that the en-
forcement of this act shall in nowise
prevent prosecution of persons or corpora
Iions LOT violations of the Game or Fish