Page:United States Statutes at Large Volume 46 Part 1.djvu/271

 228 SEVENTY-FIRST CONGRESS. SEss. II. Cx. 200. 1930. or for the protection of the animals, birds, or fish in the park, or who shall within said park willfully commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being the reon or situa ted therein, shall be deeme d guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. Forfeiture of guns, SEC. 5 . Tha t all guns, t raps, teams, h orses, or mea ns of trans- traps, etc ., illegally used. portation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other Disposal of. punishment p rovided in th is Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. Commissioner for. Appointment, au- SEC. 6. That upon the recommendation and approval of the thority, etc. Secre tary o f the Inter ior of a qua lified cand idate the Un ited States Distr ict Court for the Territor y of Hawaii sh all appoint a commissioner who shall reside in the park and who shall have juris- diction to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purp oses, au thor ized by this Act. Judicial power of, in violations of rules, etc. Such commissioner shall have power, upon sworn information, to issue process in the name of the United States for the arrest of any person charged with the com mission of an y misdemeanor, or charged with a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person sa charged, and, if found guilty, to impose punishment and to adjudge the forfeiture prescribed. Ap peals from , to In all cases of conviction an appeal shall lie from the judgment d istri ct co urt . of said commissioner to the United States District Court for the Territory of H awaii, and th e United Stat es district co urt in said district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States district court. nalcasseesdure in crimi- SEC. 7. That such commissioner shall also have power to issue proces s as h ereinb efore provi ded fo r the arres t of a ny per son charged with the commission within said boundaries of any criminal offense not covered by the provisions of section 4 of this Act, to hear the evidence introduced, and if he is of opinion that probable cause is shown for holding the person so charged for trial shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the United States District Court for the Territory of Hawaii, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court Proviso . shall have jurisdiction of the case : Provided, That the said com- B ail . miss ione r shal l grant bail in all cases bailable under the laws of the United States or of said Territory.

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