Page:1915 North Dakota Session Laws.pdf/256

226 GAME AND FISH

of guilt and shall render any person convicted therof liable to the penalty as fixed in this Section. The presence of a shot gun or rifle at any place outside of a permanent house, within a camp of any description, within this state, occupied or controlled by any person not a citizen of the United States or who has not declared his intention to become such, shall be prima facie evidence that such sh :t gun or rifle is owned or controlled by the person occupying or controlling the property in which such shot gun or rifle is found and shall render any such person liable to the penalty imposed in this Section. Notice of the seizure of all guns or rifles under the provisions of this Section shall be sent to the secretary of the Game and Fish Board by the Chief Game Warden of the district in which said seizure is made, and the shot gun or rifle so seized, shall, after the conviction of the illegal owner or possessor thereof, be sold as provided under the provisions of this Act. It shall be made the. duty of all members of the Game and Fish Board, all Game Wardens, all Game and Fish Commissioners, all Sheriffs, Deputy Sheriffs, Constables, police or other peace officers of the State of North Dakota to arrest, without warrant, any person whom they have rea son to suspect as being unlawfully in possession of shot guns or rifles as provided in this Section. Such arrests may also be made Each of the before named officials shall have the upon Sunday. power and authority to inspect any car, wagon, automobile, cart, conveyance, vehicle,_box car, passenger car, tent, box, bag, can, locker, chest, crate, basket or other receptacle, outside of permanent buildings. Nothing in this Section shall be construed as applying to any person who shall have established a permanent residence and resided in this state continuously for three years.

§ 68. GAME AND FISH COMMISSIONER. POWERS. Burma] The State Game and Fish Commissioner shall have charge of all state game farms and fish hatcheries and appurtenances. He shall super vise the breeding, propagation, capture and distribution of such game birds and animals as the Game and Fish Board directs. Both the Game and Fish Commissioner and the Deputy Game and Fish Commissioner and shall have the same powers of arrest as Chief the Game Wardens and State-wide Deputy Game Wardens. and. Fish Commissioner shall examine all state waters and wherever suitable waters are found, he shall arrange to plant, stock or deposit such fish as are available. He shall co-operate with the United States Commissioner of Fisheries, make application, receive, apportion and deposit such fish spawn or fry received throughout the public waters of this state. He shall co-operate with and assist clubs and individuals in the stocking of the lakes and streams of this state with fish. He shall, with the consent of the Game and Fish Board remove or take by any means from any of the public waters of the state containing a surplus of fish any reasonable quantity for the stocking of other public waters of the state, or to be used for hatching or propagating purposes, or for