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Actions for violation of this act

to be in name of complainant.

Case under this may be adjourned

an affidavit in writing of the commission of the offence for which the person or persons was or were arrested.

38. And be it enacted, That all actions commenced for violation of this act shall be entitled and run in the name of the person making the complaint, and the prevailing party shall recover costs against the other; the same fees and costs shall be allowed therein as in trial before justice of the peace holding court for the trial of small causes.

39. And be it enacted, That any case begun under this act may be for good cause shown adjourned by the justice, district court or police magistrate not exceeding thirty days from the date of arrest of the defendant, but in such case it shall be the duty of the justice, district court or police magistrate to retain the defendant in custody unBond to be given less he shall enter into bond unto the person making the complaint with at least one sufficient surety in double the amount of the penalty prescribed for the offence complained of, conditioned for his appearance at the adjourned day of trial, and thence from day to day until the case is disposed of, and then to abide by the judgment of the justice, district court or police magistrate or otherwise to demand and perfect an appeal to the court of common pleas of the county within ten days after rendering final judgment; and such bond if forfeited may be Bond forfeited, prosecuted in the name of the person making the complaint in any court of competent jurisdiction; all sums of money recovered for the violation of this act or the forfeiture of such bonds shall be paid, one-third to the person making the complaint, one-third to the game and fish commissioners and one-third to the person or persons furnishing the evidence necessary to secure conviction.

person making

complaint paid

one-third.

May appeal

or sentence of ustice.

Proviso

40. And be it enacted, That any party to any proceedfrom judgment ing instituted under this act may appeal from the judgment or sentence of the justice, district court or police magistrate, to the court of common pleas of the county in which the said trial shall take place; provided, that the party appealing shall within ten days from the rendering of judgment serve a written notice of appeal upon the person making the complaint and pay the costs adjudged against him, and deliver to the justice, district court or police magistrate a bond to the opposite party in double the amount of the penalty imposed, with at least one

sufficient surety, conditioned to prosecute the appeal and to stand to and abide by such order or judgment of the court as may be made against him in the premises.

41. And be it enacted, That whenever an appeal shall court of combe taken as aforesaid it shall be the duty of the justice, mon pleas to district court or police magistrate to send all the papers in the case to the next court of common pleas of the said county, which court shall receive and try and determine all such appeals in the same way and manner that appeals from the courts for the trial of small causes are now tried and determined in that court, except that on the trial of such appeals no notice of the production of any new evidence on behalf of either party shall be required.

quired.

42. And be it enacted, That in cases under this act no No state of state of demand or other pleading shall be required, but demand rethe preliminary affidavit shall specify among other things the section of this act claimed to have been violated.

43. And be it enacted, That the duly appointed fish and Fees of fish and game protector, deputy fish and game protector and fish game protectors. wardens of this state shall have the same powers and be entitled to the same fees for the service or process in cases instituted under this act that constables have and are entitled to receive in the courts for the trial of small causes. 44. And be it enacted, That no person shall be excused No person exfrom giving evidence in any action or proceedings taken omgiv or had under this act on the ground that the evidence might tend to convict such witness or to establish the liability of such witness under any provisions thereof, but such evidence shall not be received against such witness to recover any of the penalties mentioned in this act.

cused from ing evidence.

45. And be it enacted, That an act entitled "An act to Acts repealed amend and consolidate the several acts relating to game hereby. and game fish," approved March twenty-seventh, one thousand eight hundred and seventy-four, and the several supplements or further supplements thereto, approved respectively March seventeenth, one thousand eight hundred and seventy five; March sixteenth, one thousand eight hundred and seventy-six; April fifteenth, one thousand eight hundred and seventy-six; March eighth, one thousand eight hundred and seventy-seven; April fifth, one thousand eight hundred and seventy-eight; March third, one thousand eight hundred and eighty;

Repealer.

Repealer.

March tenth, one thousand eight hundred and eighty; March ninth, one thousand eight hundred and eightyfive; March first, one thousand eight hundred and eightysix; March twentieth, one thousand eight hundred and eighty-six; February twenty-eighth, one thousand eight hundred and eighty-eight; May thirteenth, one thousand eight hundred and eighty-nine; April fourteenth, one thousand eight hundred and ninety-one, and the several acts entitled "A supplement to an act entitled 'An act to consolidate the several acts relating to game and fish in this state,'" approved respectively April third, one thousand eight hundred and eighty-nine; April second, one thousand eight hundred and ninety-one, and the act entitled "A further supplement to an act entitled 'An act to consolidate the several acts relating to game and fish in this state,'" approved April second, one thousand eight hundred and ninety-one, and an act entitled "A further supplement to an act entitled 'An act to amend and consolidate the several acts relating to game and game fish,'" approved March twenty-seventh, one thousand eight hundred and seventy-four, and the supplement thereto approved March eighth, one thousand eight hundred and seventy-seven, which act was approved March seventeenth, one thousand eight hundred and eighty-one, be and the same are hereby repealed.

46. And be it enacted, That an act entitled "An act for the protection of the fisheries of this state," approved March twenty-first, one thousand eight hundred and seventy-four, and the several supplements thereto, approved respectively March sixteenth, one thousand eight hundred and eighty-five, and April twentieth, one thousand eight hundred and eighty-six, be and the same are hereby repealed.

47. And be it enacted, That an act entitled "An act for the preservation of fish," approved April thirteenth, one thousand eight hundred and seventy-six, and the several acts supplementary thereto, approved respectively March eighth, one thousand eight hundred and seventy-seven; March tenth, one thousand eight hundred and eighty; March thirty-first, one thousand eight hundred and eightyfive; and an act entitled "An act for the preservation of fish," approved April fifth, one thousand eight hundred

and seventy-eight, and the several acts supplementary thereto, approved respectively March fourteenth, one thousand eight hundred and seventy-nine; March eleventh, one thousand eight hundred and seventy-nine, March seventeenth, one thousand eight hundred and eighty-two; March tenth, one thousand eight hundred and eightyfour; March twenty-second, one thousand eight hundred and eighty-three, and June first, one thousand eight hundred and eighty-six, and an act entitled "An act to amend an act entitled 'A supplement to an act entitled "An act for the preservation of fish,"" approved April fitth, one thousand eight hundred and seventy-eight, which said supplement was approved March seventeenth, one thousand eight hundred and eighty-two, which act was approved April first, one thousand eight hundred and eighty-seven; and also an act entitled "An act to amend an act entitled 'An act to amend an act entitled "A supplement to an act entitled 'An act for the preservation of fish,'"'" approved April fifth, one thousand eight hundred and seventy-eight, which said supplement was approved March seventeenth, one thousand eight hundred and eighty-two, approved April first, one thousand eight hundred and eighty-seven, which act was approved February fifteenth, one thousand eight hundred and eighty-eight, be and the same are hereby repealed. 48. And be it enacted, That an act entitled "An act for Repealer. the protection of game and game fish," approved April fourth, one thousand eight hundred and seventy-eight, and an act entitled "A supplement to an act entitled An act for the protection of game fish,'" approved April fourth, one thousand eight hundred and seventy-eight, and other game laws of this state providing for the payment of fines into the county treasury, approved January twenty-eighth, one thousand eight hundred and eightyfive; and an act entitled "A further supplement to the act entitled 'An act for the protection of game and game fish,'" approved April fourth, one thousand eight hundred and seventy-eight, which act was approved February twenty-fifth, one thousand eight hundred and eighty-nine. 49. And be it enacted, That an act entitled "An act for the protection and to limit the time and manner of killing European pheasants and other game birds of foreign

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Repealer.

Repealer.

Repealer.

Repealer.

Repealer.

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origin," approved March twenty-second, one thousand eight hundred and eighty six, and the supplement thereof, approved March twenty-fourth, one thousand eight hundred and ninety-two, and an act entitled "An act for the preservation of squirrels," approved April twenty-eighth, one thousand eight hundred and eighty-six, be and the same are hereby repealed.

50. And be it enacted, That an act entitled "An act for the protection of black bass in the rivers of New Jersey," approved April twenty-first, one thousand eight hundred and seventy-six, and an act entitled "A supplement to an act regulating fisheries," approved March third, one thousand eight hundred and eighty-two, and an act entitled "An act to amend an act entitled 'Supplement to an act regulating fisheries," approved March third, one thousand eight hundred and eighty two, which act was approved February fifteenth, one thousand eight hundred and eighty-six, be and the same are hereby repealed.

51. And be it enacted, That an act entitled "An act to provide a uniform method of procedure for the recovery of penalties for violation of the several laws relating to game and game fish," approved March sixteenth, one thousand eight hundred and eighty-five, be and the same are hereby repealed.

52. And be it enacted, That an act entitled "An act to provide for the better protection of the fishing interests of this state," approved April fifth, cne thousand eight hundred and seventy-eight, and an act supplementary thereto, approved April fourteenth, one thousand eight hundred and ninety-one, and an act entitled "An act for the further protection of fisheries," approved March fourteenth, one thousand eight hundred and seventy-nine, and also an act entitled "An act to empower the fish wardens to enforce game laws," approved April fourteenth, one thousand eight hundred and eighty-four, and an act entitled "An act to amend an act entitled 'An act to empower fish wardens to enforce game lawa,' approved April tenth, one thousand eight hundred and eighty five, be and the same are hereby repealed.

53. And be it enacted, That an act entitled "An act for the preservation of deer and other game, and to prevent trespassing with guns," approved April sixteenth, one

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