WILD FOWL—BIRDS AND GAME. 3069
An. Code, sec. 52. 1904, sec. 42. 1896, ch. 293, sec. 8. 1916, ch. 386.
66. If the game warden or any deputy game warden or police officer
or other person has reason to believe that any person or corporation has in
his or its possession, contrary to law, any bird, game as defined by Section
59, or fish, it shall be the duty of the game warden, or such deputy game
warden or such police officer, and the lawful privilege of such other person,
to go before any justice of the peace in the county or city in which the bird,
game or fish may be, and make affidavit of that fact; said justice shall there-
upon issue a search warrant 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 bird, game or fish and, upon finding
the same, to seize and take possession of the same and keep it until further
order by the justice. The said constable shall read said warrant to the owner
or person in whose possession said bird, 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. Provided that the game warden,
or any deputy game warden, or other police officer may also without a
warrant search any boat, car, box, locker, crate, or package, and any build-
ing, where he has reason to believe any bird, game or fish held in violation
of law is to he found, and may seize any bird, game or fish so taken or held,
and any bird, game or fish so taken or held shall be disposed of by the
game warden as he may deem advisable for the best interests of the State;
provided, however, that this section shall not authorize entering a dwelling
house, or apply to birds, game or fish which are passing through this State
under authority of the laws of the United States.
As to fish and fisheries, see art. 39.
An. Code, sec. 53. 1904, sec. 44. 1896, ch. 293, sec. 10.
67. At the time mentioned in said warrant, said justice shall proceed
to hear and determine whether said game or fish was in the possession of
the person or corporation contrary to law; and if the said justice shall find
that said game or fish was in the possession of the defendant contrary to
law, then said justice shall enter judgment against the defendant and order
sale of the game or fish so seized; but if the said justice shall find that 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 corporation 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 two hours
by the defendant from the judgment of the justice upon giving sufficient
bond to cover the cost of the appeal and the value of the game or fish seized,
to be determined by the justice.
An. Code, sec. 54. 1904, sec. 45. 1896, ch. 293, sec. 11. .
68. In case of judgment and order of sale, as specified in section 67,
and in absence of appeal and the filing of a proper bond, as provided by
said section, then said constable shall at once post two notices, one at the
justice's door and the other at the place of sale, specifying in each notice the
time and place of sale, not less than five hours from the hour at which the
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