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Code amended.

Hunting,
etc., on
closed land

(House Bill 134.)

CHAPTER 89.

AN ACT to amend and re-enact sections two and thirteen of chapter sixty-two of the Code of one thousand sight hundred and ninety-nine.

[Passed February 2, 1901. In effect 90 days from passage. Approved February 6, 1901.]

Be it enacted by the Legislature of West Virginia:

That sections one and thirteen of chapter sixty-two of the code of one thousand eight hundred and ninety-nine, be amended and re-enacted as follows:

2. If any person shall shoot, hunt, fish, or fowl en- within the enclosed lands of another person without of another, permission of the owner, occupier, tenant or agent per- thereof he shall be arrested by a justice or upon a

without

mission,

penalty.

-third

to be done.

-to apply

lands.

warrant issued by a justice, and upon conviction thereof he shall be fined by the justice five dollars and costs, for each offence, which fine shall be paid into the treasury of the county for the benefit of the free schools.

When any person is convicted a third time of said offence, what offence, the justice rendering the judgment therefor, shall require him to give a recognizance, with good security, in a sum of not less than one hundred dollars for his good behavior for a year; or, if he fail to give such security, commit him to jail for one month unless it be sooner given. Such recognizance shall be forfeited if such person offend as aforesaid within the time limited in the recognizance. And the provisions of this secto what un- tion shall apply to the unenclosed lands of any person enclosed of any district of any county from and after the order of the county court of the county made to -may apply that effect. The county court of any county shall, in district, upon the petition of ten or more freeholders of such district being filed in such court, by an order entered of record, order that the provisions of this section shall apply to all lands within such district, or to such lands within such district, as the owners thereof shall subscribe their names upon said petition, and such order shall be and posting published once a week for four consecutive weeks in some newspaper published in such county, and posted for a like period at the front door of the court house of such county. The expenses of such publication shall be paid by such petitioners.

to all lands

when.

-publication

of order.

-expenses.

13.

charge firewhere.

No person shall shoot in the public road at any Unlawful to time, nor when shooting on the lands of another shall shoot or disdischarge any firearms on any lawn, pleasure ground arms, or orchard or other ground which is directly appurtenant to or within gunshot of an occupied dwelling house. The penalty for violating this section shall be a fine of not less than five dollars nor more than twenty-five dollars, or imprisonment not more than twenty days, or both, at the discretion of the court, and pay the cost of the prosecution.

-penalty.

2. All acts and laws inconsistent with this act are Acts repealed hereby repealed.

(House Bill No. 172.)

CHAPTER 90.

AN ACT to amend chapter sixty-two by adding section twenty to the Code of West Virginia, concerning the skunk or polecat.

[Passed February 8, 1901. In effect 90 days from passage. Approved February 16, 1901.]

Be it enacted by the Legislature of West Virginia:

amended.

That chapter sixty-two of the code of West Virginia, Code be amended by adding an additional section thereto, as follows:

Polecats or

what coun

extend to

ties.

20. It shall be unlawful for any person at any time, to catch, kill or injure or to pursue with intent to skunks; procatch, kill or injure the skunk or polecat, except in tection of, in defence of property, in the counties of Jackson, Mar- ties. shall, Wood and Brooke. The provisions of this act provisions shall extend to all the other counties of the State: of act may provided, that the county court of any county, other counupon the petition of two hundred voters of the county, direct to have the same enforced in their said county. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be violations. fined not less than thirty-five dollars, nor more than fifty dollars, and may at the discretion of the court or justice trying the case, be confined in jail not more than thirty days, nor less than fifteen days. Any justice of the peace for the county in which the offence justices. was committed, shall have concurrent jurisdiction of

-penalty for

-powers of

-presump

all offences under this chapter, with the circuit court of the county. Any person found with any recently killed tion of guilt. skunk or polecat skins in his possession shall be presumed to have killed the same.

Code amended.

ors; may

stone, gravel, etc., necessary for

roads, etc.

-draining.

(House Bill No. 193.)

CHAPTER 91.

AN ACT to amend and re-enact section twenty of chapter forty-three of the Code of one thousand eight hundred and ninety-nine, in relation to roads.

[Passed February 8, 1901. In effect 90 days from passage. Approved February 18, 1901.]

Be it enacted by the Legislature of West Virginia:

That section twenty of chapter forty-three, of the code of 1899, be amended and re-enacted as follows:

20. The surveyor of any road precinct may take from Road survey- any convenient lands so much wood, stone, gravel or take wood, earth as may be necessary for constructing or repairing any county road or bridge in such precinct; and may, for the purpose of draining any such roads cause a ditch tobe cut through any land adjoining the same. But such wood and other articles shall not be taken from, nor such a ditch cut through any lot in a town or city without -consent of the consent of the owner. The surveyor shall, if required, allow a fair compensation to the owner for the articles so taken or damage done by cutting the said ditch; but if the surveyor and owner do not agree as to the amount, the same shall be ascertained according to the preceding section. The sum so agreed on or ascertained shall be paid by order of the court, out of any money applicable thereto.

owner.

-compensation.

-disagreement. -throwing

debris, etc.,

Any surveyor who shall throw, or cause to be thrown, wood, brush, stone, gravel or debris into any cultivated field, pasture or meadowland or against the fence along the prohibited. road, shall upon conviction thereof be fined not to exceed fifty dollars, before a justice.

on land, etc.;

-penalty.

(House Bill No. 106.)

CHAPTER 92.

AN ACT to amend and re-enact section twelve of chapter fifty-six of the Code of West Virginia of one thousand eight hundred and ninety-nine, relating to toll roads. and turnpikes.

[Passed February 8, 1901. In effect 90 days from passage. Approved February 18, 1901.]

Be it enacted by the Legislature of West Virginia :

amended.

1. That section twelve of chapter fifty-six of the code Code of West Virginia of one thousand eight hundred and ninety-nine, be amended and re-enacted so as to read as follows:

pikes.

12. The said tolls may be demanded and collected of Tolls on toll every person passing the toll gate, whether he shall have roads and traveled the whole or only a part of the section or fractional part: provided, that the said toll road or turnpike shall be proviso. made so as to conform to the following specifications: All roads or turnpikes, other than the Bethany and Wellsburg turnpike, of Brooke county, and that portion of Weston tion; excep and Gauley bridge turnpike road in Nicholas county, shall have a smooth road bed of not less than fifteen feet in width, exclusive of ditches, and shall be well side ditched drains, etc. and drained. All cross drains shall be underdrained, or rip

-construc

tion.

rapped, when necessary. All running streams requiring bridges, bridges of fifty feet in length, or less, and such others culverts, etc. as the county court of a county may direct, shall have a bridge or culvert across the same sufficiently strong and sufficiently wide to insure safe passage to all kinds of vehicles: provided, further, that no toll shall be collected proviso. unless said toll road or turnpike be constructed in accordance with this section; but no such tolls shall be hereafter -tolls in imposed and collected in Ohio county; and provided, Ohio county further, that any citizen of this state may bring an ac- prohibited. tion or suit to prevent the unlawful collection of such proviso tolls.

as

to suits, etc.

2. All acts and parts of acts conflicting with this act Acts are hereby repealed.

repealed.

Code amended.

Game war

(Senate Bill No. 10.)

CHAPTER 93.

AN ACT to amend and re-enact section 19a, of Chapter sixty-two of the Code of West Virginia of one thousand eight hundred and ninety-nine, relating to the appointment of a Game and Fish Warden and prescribing his duties and compensation.

[Passed February 6, 1901. In effect 90 days from passage. Approved February 22, 1901.]

Be it enacted by the Legislature of West Virginia:

That section 19a of chapter sixty-two of the code of 1899, be amended and re-enacted as follows:

Sec. 19a. I. That it shall be the duty of the govden, gover- ernor to appoint some person, a resident of this State, to the office of game and fish warden.

nor to appoint.

-term.

-salary.

Said warden shall hold his office for four years or until his successor has been appointed and qualified, unless removed for cause by the governor. He shall receive for his services the sum of one thousand ($1,000.00) dollars a year, to be paid out of the treasury, quarterly, after being duly audited; and shall be allowed mileage of three cents a mile while traveling by railroad or steamboat, and ten cents a mile while traveling otherwise than by railroad or steamboat, for the distance necessarily traveled for the purpose of -report of enforcing this act: provided, always, that the mileage mileage ex- expenses of said warden shall be reported quarterly penses. under oath, to the governor, and approved by him,

-mileage.

-governor

to approve, etc.

-deputy game wardens.

-compen

uties.

and he also shall have the power to fix and limit from time to time the amounts to be so expended. Said game and fish warden shall select such person or persons as he may deem fit, including any sheriff, deputy sheriff or assessor, to act as deputy game and fish warden in the several counties of the State, and if approved by the governor, he shall appoint them deputy game and fish wardens.

The deputy game and fish wardens shall receive for sation of dep- their services the fines accruing from such prosecutions as may be instituted by them respectively, but no money shall be paid to them out of the treasury of the State. They shall hold their offices at the pleasure of the game and fish warden.

-term of deputies.

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