Page:United States Statutes at Large Volume 56 Part 1.djvu/346

 PUBLIC LAWS-CH. 341-JUNE 5, 1942 he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within the park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations govern- tEvidence of viola- ing the taking of fish from the waters in the park. Possession within the park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons vPrsfons violatnpro- having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within the park, or for the protection of the animals, birds, and fish in the park, or who shall within the park commit any damage, injury, or spoliation to or upon any building, fence, sign, hedge, gate, guidepost, tree, wood, under- wood, timber, garden, crops, vegetables, plants, land, springs, min- eral deposits, natural curiosities, or other matter or thing growing or Penalty. being thereon, or situated therein, shall be deemed guilty of a mis- demeanor 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 the costs of the proceedings. Forfeiture ofprop- SEC. 4. All guns, traps, nets, seines, fishing tackle, teams, horses, purposes. or means of transportation of every nature or description used by any person or persons within the limits of the park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior shall be forfeited to the United States and may be seized by the officers in the park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and Preoo. under the authority of the Secretary of the Interior: Provided That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court. Apointient and SEC. 5. Upon the recommendation and approval of the Secretary uriiction. of the Interior of a qualified candidate, the United States District Court for the Western District of Kentucky shall appoint a park commissioner, who shall have jurisdiction to hear and act upon all complaints made of any violations of law or of the rules and regu- lations made by the Secretary of the Interior for thegovernment of the park and for the protection of the animals, birds, and fish and objects of interest therein, and for other purposes authorized by Judicial powers. this Act. Such commissioner shall have power, upon sworn informa.. tion, to issue process in the name of the United States for the arrest 318 [56 STAT.

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