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Session Laws, 1927
Volume 569, Page 1149   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 1149

10. If the Game Warden or any Deputy Game Warden or
Police Officer, Constable or any other person has reason to be-
lieve that any person has in his possession, contrary to law,
any game as defined by law, fish, or unlawful device being used
in violation hereof, it shall be the duty of said officers to go
before any Justice of the Peace of the County or City in which
the game, fish or unlawful device is supposed to be and make
affidavit of that fact; said Justice shall thereupon issue a
search warrant against the person so complained of, directed to
the officer making the affidavit for said warrant, commanding
him to proceed at once and search for said game, fish or unlaw-
ful device, and, upon finding the same, to seize and take pos-
session thereof and keep it until further order by the Justice.
The said officer shall read said warrant to the owner or person
in whose possession said game, fish or unlawful device is sup-
posed to be. Said warrant shall be returnable within not less
than forty-eight hours from the date thereof.

(a) Provided, however, that if the Game Warden or one
of his salaried Deputies has reason to believe that game, fish
or unlawful device are in possession in violation of the game
or fish laws of this State, and, in his opinion, it is not possible
or practical to secure a search warrant in time to seize said
game, fish or unlawful device so in possession, then he may
without a warrant examine any boat, railway car, box, crate,
package or game bag, and may seize any game, fish or unlaw-
ful device so found in possession; and any game, fish or unlaw-
ful device so taken shall be disposed of by the Game Warden
as he may deem advisable for the best interest of the State.

(b) Provided, however, that this Section shall not authorize
entering a dwelling house without first procuring a search war-
rant.

11. At the time mentioned in said warrant, said Justice
shall proceed to hear and determine whether said game, fish
or unlawful device was in the possession of the person or
corporation contrary to law; and if the said Justice shall find
that said game, fish or unlawful device was in the posses-
sion of the defendant contrary to law, then said Justice shall
enter judgment against the defendant and order said game,
fish or unlawful device to be turned over to the Game War-
den, who shall dispose of same as he may deem advisable for
the best interest of the State; but if the said Justice shall find
that the possession of such game, fish or unlawful device

 

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Session Laws, 1927
Volume 569, Page 1149   View pdf image (33K)
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