Page:United States Statutes at Large Volume 45 Part 1.djvu/511

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460

SEVENTIETH CONGRESS . SEss . I. CFr. 434 . 1928 . Proviso .

more than $500 or imprisonment not exceeding six months, or both, Additional punish- and be adjudged to pay all costs of the proceedings : Provided, how~- rains, etc` molesting mole sting ever, That any person or persons who may, without permission from the Secre tary of t he Interi or, in an y manner willfully remove, disturb, destroy, or molest any of t he ruins, mounds, buildings , graves, relics, or other evidences of an ancient civilization from said park shall upon conviction before any court having jurisdiction of such offenses be fined not more than $1,000 or imprisoned not more than twelve months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the prop- Forfeiture of guns, erty disturbed, if possible . traps, etc., illegally

SEC . 5 . That all guns, traps, teams, horses, or means of transpor- used . tation 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 he ld pen ding t he pro secuti on of any pe rson or perso ns arr ested 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 punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of Commissioner for. the Interior . Appo intment, au- SEC . 6. That the United States District Court for the State of thority, etc. Colorado shall appoint a commissioner who shall reside in the park and who shall have jurisdiction 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 Judicial powers in interest therein, and for other purposes authorized by this Act . violations of rules, etc . Such com missi oner shal l hav e pow er, u pon sworn info rmat ion, to issue process in the name of the United States for the arrest of any person charged with the commission of any 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 so charged, and, if found guilty, to ibe court .

to district impose all cases of nconviction an ap peal shall forfeitu re from the judgment of said commissioner to the United States District Court for the State of Colorado, and the United States district court 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 Procedure in crim- Sta tes distr ict court . final oases . SEC. 7. That such commissioner shall also have power to issue process as hereinbefore provided for the arrest of any person 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 pers on to be saf ely co nveyed to a secure place of con fineme nt wit hin the jurisdiction of the United States District Court for the State of Colorado, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court shall have Proviso.

jurisdiction of the case : Provided, That the said commissioner shall grant bail in all cases bailable under the laws of the United States service of process .

or of said State. SEC. 8. That all process issued by the commissioner shall be directed to the marshal of the United States for the district of