Norwich bulletin., 1915-04-01
FEES TO BE PAID
xrs.-- GAME PROTECTORS,
Attorney General Explains the Law or
This Subject.

Attorney General George E. Human
has given the following opinion to John
M. Champion, superintendent of fish
cries and game, relative to arrests by
special protectors:
John NJ. Champion, Esq, Superintend-
ent of Fisheries and Game:
Dear Sir:
In your communication of the 18th
inst. you state:-
The question has arisen whether a
special protector making an arrest for
violation of the fish and game laws is
entitled to the regular officers fees in
such cases in addition to the sum of
$40 allowed him under chapter pa of
the public acts of 1909, or whether he
get any other fees, no matter what his
services may have been, and I would
like your written opinion regarding
same"
Chapter 251 of the public acts of 1893
provided that in prosecutions relating
to laws for the preservation of game,
the officer making the arrest shall be
entitled-to a fee of $40 in each and
every case where conviction is had
and shall be paid said sum and one
half of the fine or fines imposed" This
act was amended by chapter 80 of the
scope to prosecutions relating to laws
for the preservation of fish and by
eliminating the provision that the off,
Ger should be paid one-half of the fine
OF fines in addition to the $40 fee. Sec
ton 116 of chapter 140 of the public
acts of 1901 repealed said act of 1897,
but in section SO is re- enacted in sub
stantially the same language except
the amount Of the fee is increased from
$40 to $40 and there is added a pro-
vision that fish and game wardens
ard special protectors shall not receive
any other fee for their services" there
by recognizing that without such pro :
vision said officers would be entitled to
other fees.
Said section 90 appears as section
300 of the general statutes, revision
of 1902, and in section 1850, fixing the
fees of sheriffs, deputy sheriffs and
constables, is included a provision that
lin cases of prosecution for violation
of the laws for the preservation Of fish
and game the officers making the ar
rest shall receive, when taxed as costs
by the court, $40" This same section
fixes the fees to be received in criminal
cauSeSb by officers for each arrest, trav-
Ell to court or Jail with prisoner, hold
ing prisoner in custody, attending court
ETC., without any provision that the fee
of $40, when taxed by the court. should
be in lieu of said regular spec fed fees.
In 1907. by section OF cnapter 239,
said section 300 was amended by sub
stituting for the words "a fee of 500
in each and every case where convic-
ton is had" the words "the same fees
as provided by section 1850 Of the gen
eral statutes to be paid to constables
in similar cases." and by eliminating
the provision that fish and game war
dens and special protectors should not
receive any fees other than the special
fee for their services, thereby placing
said wardens and protectors on an
equality as to fees with other officers
who were, under said section 1850, en-
titled to both the regular officers fees
and the special $40 fee when taxed by
the court.
Chapter 10 Of the public acts Of
1909, approved June "a, 1909, amended
section 4S50 by striking out the SEN
reace above quoted from said section,
and later in the same session chapter