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-powers and duties of

and fish laws

violators.

II. It shall be the duty of the game and fishwarden and of his said deputies to seize all nets of wardens to illegal mesh found in this State and all nets and other enforce game fishing apparatus or appliances found in use in viola- and punish tion of the laws of this State, and to enforce the statutes of this State for the preservation of fish and game, and to enforce all other laws of this State for the protection and propagation of birds, game and fish, now in force or hereafter enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of this State to punish any parties for the violation of said. statutes and laws.

-further

warden.

III. Said warden and deputies may make complaint and cause proceedings to be commenced against powers and any person or persons for the violation of game and duties of fish laws without the sanction of the prosecuting attorney of the county in which such proceedings are commenced, and in such cases they shall not be obliged. to furnish security for costs. Said warden and deputies may also appear in any court of competent jurisdiction in this State in any case for violation of any of the laws for the protection or propagation of fish or game, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of the county in which such proceedings are commenced. And in such case he may, in the event of the refusal or neglect of the prosecuting attorney to act, employ an attorney of his choice, and to such attorney, or to the prosecuting attorney, if he shall act, there shall be taxed in the costs upon conviction a fee of ten dollars in each case. Said warden and deputies -powers shall have power to search any person and examine to searching, any boat, conveyance, railroad car, vehicle, fish-box, fish-basket, game-bag or game-coat, or any other receptacle for game or fish, when they have good reason to believe that they will thereby secure evidence of the violation of the laws; and any hindrance or interference, or attempt at hindrance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with, or attempt to hinder or Interfere with such search and examination. Said game and fish warden and deputies shall at any time to seizure, and at all times seize and take possession of any and etc., of game, all birds, animals or fish, which have been caught, taken or killed at a time, in a manner, or for a purpose, or had in possession or under control, or have

etc.

as

-powers as

-search warrant.

been shipped, contrary to any of the laws of this State. Such seizure may be made without a warrant. Any court having jurisdiction of the offence, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant, and cause a search to be made in any place, and to that end may cause any building, enclosure or car to be entered, and in any apartment, chest, bar locker, crate, basket or package to be broken open and the contents thereof examined by said game or fish warden. All birds, animals or fish, nets, etc., or nets or fishing appliances or apparatus, seized by the said game and fish warden or any of his deputies, or other officer or officers, shall be disposed of in such a manner as may be directed by the court before whom the offence is tried, or by any court of competent jurisdiction, and the proceeds of any sales, after deducting all legal costs, shall be paid into the treasury of the State.

-seized

birds, game,

how disposed of.

-proceeds.

-power to serve criminal process

rest.

IV. Said game and fish warden and his deputies shall have the same power to serve criminal process and make ar- as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Said warden and deputies may arrest without warrant, any person caught by him or them in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction. Such arrest may be made on Sunday, in which case the person arrested shall be taken before a justice of the peace, or magistrate having jurisdiction, and proceeded against as soon as may be, on a week day following the arrest.

-deputy

make reports;

V. Every deputy warden shall at the close of each wardens to calendar month report in writing and in detail to the when; how; game and fish warden the service performed by him during the last preceding month, including an account of the suits commenced at his instance, and the amount of money received by him for fines imposed for a violation of the provisions of this chapter.

-warden to

when;

VI. Said game and fish warden shall, in the month file report; of December of each year, file in the office of the secwhere'; what retary of state a report in writing stating in detail an account of the suits instituted by him and his deputies, the amount of fines imposed for violation of said provisions, and the amount of fines collected.

to state.

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The secretary of state shall cause said reports, or much thereof as may be of interest to the public, be transmitted bi-ennially to the legislature when session.

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acts deemed mishow pun

VII. Any person who hinders, obstructs or inter- what feres with, or attempts to hinder, obstruct or inter- of persons fere with said game and fish warden, or any of his demeanors; deputies, in the discharge of any of their duties, shall ished. be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than fifty dollars, together with costs of suit; and in default of payment thereof shall be confined in the county jail until said fine and costs are paid provided, that said imprisonment shall not exceed thirty days.

-proviso.

compelled to

VIII. Every person, called as a witness to any --witnesses violations of the provisions of this act, shall be com- testify, propelled to testify fully, but his testimony shall not be tection of. given in evidence against him in any prosecution against him for such offence, and no person, against whom such witness shall so testify, shall be competent as a witness for the State in the prosecution against such witness for the same offence, or matter, which such witness so testified, or to any like offence committed by such witness before the commencement of the prosecution in which he is examined as such witness.

as to

-false return as to

dis- moneys colsec- a felony; upon penalty.

lected, etc.,

IX. Any game warden or deputy who shall make any false return as to any moneys collected or bursed by him, as provided for in the foregoing tion, shall be deemed guilty of a felony, and conviction thereof be confined in the penitentiary not less than one nor more than ten years,

(Senate Bill No. 86.)

CHAPTER 94.

AN ACT to amend and re-enact section six of chapter sixty-two of the Code of West Virginia of one thousand eight hundred and ninety-nine.

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

February 26, 1901.]

Be it enacted by the Legislature of West Virginia:

Code

1. That section six of chapter sixty-two of the code amended. of West Virginia, of one thousand eight hundred and

Destruction,

nets, etc., iņ

-no recourse.

ful as to rivers.

-proviso as

and seines.

-passage of

obstructed:

time.

ninety-nine, be and the same is hereby amended and re-enacted so as to read as follows:

6. It shall be lawful for any person, at any time, of fish traps, to remove and destroy any nets, seines, traps or other creeks, etc., devices, placed in any creeks or runs within this made lawful. State, and the person or persons claiming ownership or possession of such nets, seines, traps or other devices, shall have no recourse at law against the party destroying the same, (and in regard to rivers, it shall be lawful for any person to do the same thing at any -when law- time between the first day of March and the fifteenth day of November in any year): provided, however, it shall be unlawful for any person to catch fish in fishto fish pots pots at any time, except as hereinafter provided, and it shall be unlawful to catch fish by means of seines, from the first day of January to the first day of June of each year in the Great Capon and its tributaries, and by fish pots in the Cheat river and its tributaries, from the fifteenth day of September to the first day of April following, and by means of fish pots in the Shenandoah from the first day of September to first day of June following. No nets, seines, traps or fish not to be other devices, placed in any river of this State, bewithin what tween the fifteenth day of November and the first day of March, shall obstruct the free passage of fish up and down the same so as to extend a further distance from the channel bank in said river than one-third of the whole breadth of the main channel of the same. It shall be unlawful for any person or persons to be found upon the creeks or small streams of this State where fish are taken, with seines (except minnow seines) in their possession; and if so found, such possuch posses- session shall be prima facie evidence that the same was used unlawfully In all prosecutions under this section it shall be prima facie evidence sufficient on the part of the State to show that the defendant was found upon the creek or small streams where fish are -meshes of taken, with such seine in his possession. Meshes of seines or nets (except minnow nets) within this State shall not be less than three inches in extension, or one and one-half inches from knot to knot. No net or seine of any kind shall be used in the rivers of this State the meshes of which are less than provided in this section. And if any person has good reason believe that seining is carried on unlawfully, he may have leave to sue out search warrant against the person or persons suspected of keeping said seine or net -presump- in their possession, or under their control. Such

-seines; possession unlawful,

when; except, etc.

-effect of

sion.

seines, ex

cept, etc.

-kind of

seines to be used.

-search warrant.

tion.

to

seine when found in their possession, shall be prima facie evidence that the same was used unlawfully, unless the owner or possessor of such seine can produce evidence to satisfy the justice or court that such seine

has not been used unlawfully. Any person violating -penalty

any of the above provisions of this section shall be for violation guilty of a misdemeanor, and, upon conviction thereof, of section. shall forfeit such net or seine, if found in violation of law, (which net or seine shall be destroyed by order of the justice or court) and pay a fine of not less than ten dollars nor more than twenty-five dollars, or be confined in jail not exceeding ten days. No person killing of shall kill any fish by the use of dynamite, or any other explosive mixture, or by the use of any poisonous drug, bait or food; any person violating this provision of this section shall be guilty of felony, and, upon -penalty. conviction thereof, shall, for each offence, be confined in the penitentiary of this State for not less than one nor more than three years.

fish.

prevent the

waters, pro

And no person, firm or corporation, shall build -erection erect, keep or maintain any dam, or anything, in any of dams that river, creek or water course in this State, which shall easy passage in any way or manner prevent or obstruct the free of fish in any and easy passage of fish up or down such river, creek hibited. or other water course without placing, building, or erecting on such dam or other thing, a good and sufficient ladder or way so planned or built as to allow all fish to easily ascend or descend the same, and said -fish ladders, etc., ladder or way shall be constructed upon plans and in etc. a manner, and at a place, satisfactory to the game and fish warden of the State of West Virginia.

penalty for

Any person, firm or corporation, violating this provision shall be guilty of a misdemeanor, and on con- violations viction thereof shall be fined not less than twenty-five hereof. dollars, nor more than two hundred dollars, or be confined in the county jail not less than ten days, and each ten days during the time which such person, separate firm or corporation shall fail to place, build or erect offences, such ladder, or way, shall be deemed and held to be

what.

a separate and distinct offence: provided, that any proviso. person, firm or corporation now maintaining or keeping any such dam, or other thing, shall be allowed sixty days from the time this act takes effect in which

to comply therewith. And it shall be the especial -duty of duty of the said game and fish warden, upon informa- warden. tion of the violation of this provision, to immediately investigate the same, and cause this provision to be fully carried out.

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