Every net, trap, explosive, poisonous or stupefying substance, or device used or intended for use in taking or killing game or fish in violation of this chapter, and set, kept or found in or upon any of the streams or waters in this state or upon the shores thereof, and every trap, device, blind or deadfall found baited in violation of this chapter, is declared to be a public nuisance and may be abated and summarily destroyed by any person and it shall be the duty of every officer authorized to enforce this chapter to seize and summarily destroy the same and no prosecution or suit shall be maintained for such destruction; provided, that nothing in this chapter shall be construed as affecting the right of the state warden [director of the department of game and fish] to use such means as may be proper for the promotion of game and fish propagation and culture, nor as authorizing the seizure or destruction of firearms.
History: Laws 1912, ch. 85, § 31; Code 1915, § 2454; C.S. 1929, § 57-240; 1941 Comp., § 43-225; 1953 Comp., § 53-2-23.
Compiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Jury trial in case of seizure or destruction of appliances, 17 A.L.R. 574, 50 A.L.R. 97.
36A C.J.S. Fish § 42; 38 C.J.S. Game §§ 61, 63, 64, 67.
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