K 461 
 A5 
 
 909 , = 
 
 opy 1 
 
 . . > T EST VIRGINIA 
 
 Forest, Game and 
 Fish Laws 
 
 AND 
 
 THE LACY BIRD LAW 
 
 < FEDERAL LAW ) 
 
 1009. 
 
 J. A. VIQUESNEY, WAR 1)1 ON 
 BELINGTON. 
 
 'lO^b^OjS 
 
west virginia: 
 
 Forest, Game and 
 Fish Laws 
 
 AND 
 
 THE LAC.Y BIRD LAW 
 
 (FEDERAL EAW) 
 
 1909. 
 
 J. A. VIQUESNEY, WAEDEN, 
 BELINGTON. 
 
 NEWS-MAIL COMPANY 
 
 State Printers. 
 
 1909, 
 

 0. OF D. 
 
 JAN 4 1910 
 
Forest, Game and Fish 
 I^aws. 
 
 Sec. 
 
 1. Forest, game and fish warden; term of 
 
 office; compensation; report of mileage; 
 deputy wardens, their compensation; 
 ex-officio deputy wardens, their jurisdic- 
 tion and compensation. 
 
 2. To have charge of certain public matters 
 
 and powers therefor, biennial report to 
 Governor. 
 
 3. Authority and duties of chief deputy and 
 
 deputy wardens; penalty for violation 
 of certain acts. 
 
 4. Power to arrest for violations; penalty for 
 
 neglect of duty. 
 
 5. Seizure of fish, game or birds. 
 
 6. Bonds required from certain officers. 
 
 7. Regarding dogs; any person may kill; 
 
 when. 
 
 8. Regarding dogs; when owner or keeper is 
 
 liable; to recover in action before any 
 justice or court; penalty for harboring 
 or secreting certain dogs. 
 
 9. Regarding dogs; when owner to cause cer- 
 
 tain dogs to be killed; penalty for fail- 
 ure to do so. 
 
 9a. 1. Duty of assessor. 
 
 9a 2. County court to levy per capita tax. 
 
 9« 3. Per capita tax; how collected, commis- 
 sion allowed sheriff. 
 
 9a-4. Court to cause list of persons failing to 
 pay; duty to constables. 
 
 9a-5. Complaint before justice; appraisers to 
 be appointed; report to whom. 
 
 9a-6. Sheriff to report to county court, when; 
 
 9a-7. Appraisers not to certify appraisement, 
 when. 
 
 9a-8. Dogs deemed property, when. , 
 
 9a-9. Penalty for concealing dog to avoid tax. 
 
 10. Stationery and postage; how provided; how 
 
 paid for. 
 
 11. May employ attorney to aid in prosecutions. 
 ' 12. Powers to search persons, cars, etc. 
 
Forest, Game and Fish Laws 
 
 13. Court or justice shall issue search warrant; 
 
 sale of goods seized; disposition of pro- 
 ceeds of sale. 
 
 14. Right to summon aid in making arrest; 
 
 penalty for refusal to act; arrest on 
 Sunday. 
 
 15. R*eport of deputy wardens; ex-officio war- 
 
 dens; justices; when made. 
 
 16. Penalty for false return as to moneys col- 
 
 lected. 
 
 17. Penalty for interference with wardens. 
 
 18. Title to wild game, etc., in state. 
 
 19. License to hunt ; how procured ; license 
 
 fees; to whom paid; penalty for failure 
 to produce license; owners of land may 
 exchange hunting privileges; consent 
 of guardian required for minors; pen- 
 alties for violations of section. 
 
 20. Protection of skunk; penalty; prosecutions; 
 
 power of justices; presumption of guilt. 
 
 21. Penalty for transfer or sale of license. 
 
 22. Closed season; open season. 
 
 23. Game animals ; what «,re considered. 
 
 24. Deer; when to kill; shall not chase with 
 
 dogs ; penalties for transportation of 
 game beyond limits of state. 
 
 25. Rabbits, when unlawful to kill or injure in 
 
 certain counties; season for killing cer- 
 tain animals and birds; number allowed 
 killed; unlawful to trap, snare, .etc.; 
 penalty for violation of section; may 
 capture for purpose of propagation. 
 
 27. Unlawful to catch by seine, trap, etc. 
 
 28. Unlawful to hunt, kill or pursue on Sun- 
 
 day ; penalty for violations. 
 
 29. Prosecutions to be in name of state; fee al- 
 
 lowed prosecuting attorney. 
 
 30. Witnesses; when incompetent. 
 
 31. Moneys collected for violations; how dis- 
 
 posed of. 
 
 32. Requisition and extradition expenses. 
 
 33. What considered game birds. 
 
 34. Destruction of eggs and nests. 
 
 35. Shall not transport. 
 
 36. Penalty for violations sections 33, 34, 35. 
 
 37. Right to take birds, etc., for scientific pur- 
 
 poses. 
 
 38. Certificate to collect birds, etc.; to and by 
 
 whom issued; how secured; fee to be 
 paid; penalty for violations. 
 
 39. Certificate; when expires; not transferable. 
 
 40. Birds not protected. 
 
of West Vieginia. 
 
 41. Wild non-game birds as domestic pets. 
 
 42. Accidental shooting of human being or live 
 
 stock; penalty for. 
 
 43. No open season for certain birds; penalty 
 
 for violation of section. 
 
 44. Fish; how to catch; where can seine; when; 
 
 registry of seines; length of fish caught; 
 how to measure; certain season in cer- 
 tain counties; lawful to catch suckers; 
 owners may take from private pond; 
 letting water out of pond; penalty 
 therefor; erection of trespass signs; 
 penalty for violation of provisions of 
 section. 
 
 45. Lawful to destroy nets, traps, etc. ; unlaw- 
 
 ful to have seines in possession; pen- 
 alty provided; obstruction of water 
 course; construction of ladder under su- 
 pervision; violation of provisions; time 
 limit construction of ladder or way. 
 
 46. Unlawful to employ for purpose of killing; 
 
 serving by hotel ; penalty. 
 
 47. Use of dynamite, etc., penalty. 
 
 48. Unlawful to sell explosives for purpose of 
 
 killing; penalty therefor. 
 
 49. Unlawful to build fires in connection with 
 
 hunting, etc. ; permission in writing ; 
 from whom; penalty for violation; 
 owner et al may arrest. 
 
 50. Unlawful to shoot across public road; near 
 
 school house; on lands of another; near 
 occupied dwelling house ; penalty. 
 
 51. Warden shall be ex-officio fire warden; dep- 
 
 uties to extinguish fires: means used: 
 may hire volunteers; forfeit for refusal 
 to serve; report origin of Are; amount 
 expended putting out. 
 
 52. Deputy wardens; compensation of; services 
 
 at forest fires; court to fix wage; charge 
 against county; statement of deputy to 
 county court. 
 
 53. Fires built in forest; failure to extinguish: 
 
 ■ penalty for violation; willful firing of 
 woods; penalty. 
 
 54. Railroad right-of-way; removal of inflam- 
 
 mable materials; when; shall provide 
 spark arresters; prevent escape of fire 
 from furnace; shall not deposit ashes 
 on tracks or right of way; trainmen to 
 report fires; to whom; violation of pro- 
 visions by employee; penalty. 
 
 55. Warden to recover damages; no bar to 
 
 light of individuals to recover. 
 
Forest, Game and Pish Laws 
 
 Sec. 1. The governor shall between the 
 first day of June and the first day of July, 
 one thousand nine hundred and nine, ap- 
 point" some person, a citizen of this state, 
 whose term of office shall begin on the first 
 day of July, one thousand nine hundred and 
 nine, to the office of forest, game and fish 
 warden. Said warden shall hold this office 
 for four yetfiv and until nis successor has. 
 been appointed nua qualified, unles sooner 
 removed for cause by the governor. He 
 shall receive for his services the sum of 
 eighteen hundred dollars per annum, to be 
 paid out of the treasury, quarterly, after be- 
 ing duly audited; and shall be allowed mile- 
 age of three cents a mile while traveling 
 by railroad or steamboat, and ten cents a 
 mile while traveling otherwise than by rail- 
 road or stesm^oat, for the distance neces- 
 sarily traveled while actually in the dis- 
 charge of his official duties as such warden. 
 Provided, however, that the mileage ex- 
 penses of said warden shall be reported 
 quarterly under oath to the governor and 
 approved by him; and provided, further, 
 that such mileage expenses shall not, in any 
 one year exceed five hundred dollars. Said 
 warden shall devote all of his time to the 
 discharge of the duties of his office, impos- 
 ed upon him by law. Said warden shall 
 appoint two persons who are citizens of this 
 state and one of whom shall reside in the 
 
of West Virginia. 
 
 eastern section of the state, chief deputy 
 wardens of forest, game and fish, said 
 chief deputies shall hold their office at the 
 pleasure of the warden appointing them. 
 Said chief deputies shall each receive for 
 their services the sum of nine hundred dol- 
 lars 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 other- 
 wise than by railroad or steamboat for the 
 distance necessarily traveled for the pur- 
 pose of performing the duties imposed upon 
 them by law, and they shall devote all their 
 time thereto, such mileage expenses of either 
 of said chief deputies shall be reported 
 quarterly under oath to the warden and ap- 
 proved by him, and forwarded to the gov- 
 ernor and approved by him; provided, how- 
 ever, that said mileage in any one year 
 shall not exceed four hundred dollars to 
 each chief deputy warden. The warden 
 shall appoint such persons as he may deem 
 fit, who are citizens of this state, to act as 
 deputy wardens in the several counties of 
 this state. Said deputy wardens shall hold 
 their office at the pleasure of the forest* 
 game and fish warden. The sheriffs, deputy 
 sheriffs and constables in the several coun- 
 ties of this state shall be ex-officio deputy 
 wardens therein, and the chiefs of police of 
 
Forest. Game axd Fish Laws 
 
 the cities, towns and villages of this state 
 shall also be ex-officio deputy wardens there- 
 in an.d their jurisdiction shall extend no 
 further than their respective counties, 
 cities, towns and villages. All said deputy 
 wardens, either appointed or ex-officio, 
 shall receive for their services one-half of 
 the fines imposed by any justice or court 
 having jurisdiction, and collected in each 
 prosecution, instituted by any such depu- 
 ty warden, and the other half of such fine 
 shall be paid to forest, game and fish war- 
 den, who shall pay the same over to the 
 treasurer of the state to be credited by him 
 as other fines are credited; but no fees or 
 moneys shall be paid any deputy for ser- 
 vices rendered as such deputy warden, out 
 of the treasury of this state, and in any 
 prosecution under this chapter, section two 
 of chapter thirty-six of the Code of 1899 and 
 section 1159 of the Code of 1906 shall not 
 apply to any warden. 
 
 Sec. 2. The forest, game and fish warden 
 shall have general charge of the following 
 public matters, and necessary powers there- 
 for: The collection and diffusion of such 
 statistics, literature and information as he 
 may deem useful in regard to the protection 
 of forests and the protection and propagation 
 of game and fish, the publishing thereof, 
 and the taking charge of and keeping all 
 reports, books, papers and documents which 
 
of West Virginia. 
 
 shall, in the discharge of his duties here- 
 under, come into his possession and control, 
 and the institution of all proper legal pro- 
 ceedings to enforce the provisions of law, 
 now in force, or hereafter enacted, in refer- 
 ence to forest, game and fish Said warden 
 shall, on or before the first day of January, 
 1911, and biennially thereafter, submit to 
 the governor, a detailed report showing 
 what has been done by him during the pre- 
 ceding biennial period, the amount of all 
 moneys received by him and from what 
 sources, in detail, a complete inventory of 
 all game and othe.r property seized and sold 
 and the ariiount received therefor and the 
 amount of disbursements in detail. The 
 books and vouchers of said warden shall be 
 subject to examination by the auditor of the 
 state at all times. 
 
 Sec. 3. The chief deputy and deputy 
 wardens shall act and be under the direc- 
 tion and supervision of said forest, game 
 and fish warden. Said chief deputy and 
 deputy wardens shall have authority, and it 
 shall be their duty, to enforce the game, 
 fish and forest laws of this state, now in 
 force or hereafter enacted, for the protec- 
 tion of forests and protection, preservation 
 of game, fish and birds, and shall be im m^ 
 diately responsible to the warden, artd'Thall* 
 report all matters under their^» isdiction 
 whenever requested by him ap^receive in 
 
 is under their ^§i; 
 ted by him £pcT rec 
 
 / 
 
10 Forest, Game and Fish Laws 
 
 structions from him. It shall he unlawful 
 for any deputy warden, either appointed or 
 ex-omcio, to settle, compromise or adjust 
 any prosecution under this chapter and to 
 receive moneys from any violator or alleged 
 violator of any of the provisions thereof, un- 
 less the same are moneys received in the 
 payment of fines imposed in due process of 
 law by a justice or court having jurisdiction 
 of the offense charged, and if any such 
 deputy warden shall receive any moneys 
 from any such violator or alleged violator, 
 either as such settlement and compromise or 
 to prevent any prosecution therefor, such 
 deputy warden shall be guilty of a felony 
 and upon conviction thereof, shall be con- 
 fined in the penitentiary not less than one 
 nor more than five years. 
 
 Sec. 4. The forest, game and fish warden, 
 and appointed deputy wardens shall have 
 full power to execute and serve any war- 
 rant or process of law, issued by any jus- 
 tice of the peace or by any court having 
 jurisdiction under the law, relating to 
 game, fish, birds and forests in the same 
 manner as any constable or sheriff might 
 serve or execute such process, and may ar- 
 rest on sight without a warrant, any per- 
 s&n or persons, detected by them actually 
 violating mny of the provisions of the laws 
 of this sT&Jte relating to. the game, fish, 
 birds and forests, and may take such per- 
 
of West Vieginia. 11 
 
 son or persons, so offending, before any 
 court, or justice of the peace, having juris- 
 diction of the offense, and make proper 
 jlemplamt before such court, or justice, 
 which shall proceed with the case in the 
 manner as provided by law. Any such ap- 
 pointed warden, who on receiving informa- 
 tion from a reliable person, of the violation 
 of the game, fish or forest laws, neglects 
 or refuses to thoroughly investigate such al- 
 leged violation, and apprehend or attempt 
 to apprehend the offender, shall be guilty 
 of a misdemeanor and upon conviction 
 thereof, shall be fined not less than 'ten 
 dollars nor more than fifty dollars for each 
 offense. 
 
 Sec. 5. The warden and deputy wardens 
 shall seize and take possession of, on sight 
 and without process, any fish, game or birds 
 found in the possession of any person or 
 persons, or corporation which is so in pos- 
 session contrary to law. 
 
 Sec. 6. The forest, game and fish warden 
 and the chief deputy wardens shall each 
 before entering upon the discharge of their 
 respective duties, execute a bond, the war- 
 den in the penalty of three thousand dol- 
 lars and the chief deputies in the penalty 
 of one thousand dollars with security thfim- 
 in to be approved by the governor^nd con- 
 ditioned for the faithful perf^priance of 
 their duties, and to accountaifor and pay 
 
12 Fokest, Game axd Fish Laws 
 
 over all moneys' and property coming into 
 their hands., due and belonging to the state, 
 which said bonds, after having been ap- 
 proved by the governor, shall be deposited 
 with the auditor. 
 
 Sec. 7. Any person may kill any dog that 
 he may see chasing, worrying, wounding or 
 kiling any sheep, lambs, goats or kids out- 
 side of the enclosure of the owner of such 
 dog, unless the same be done by the direc- 
 tion of the owner of such sheep, lamps,' 
 goats or kids. 
 
 Sec. 8. If any dog shall have killed or 
 assisted in killing, wounding or worrying 
 any sheep, lambs, goats or kids out of the 
 enclosure of the owner of such dog, the 
 owner or keeper of such dog shall be liable 
 to the owner of such sheep, lambs, goats or 
 kids in the amount of the damages sus- 
 tained, to be recovered in action before any 
 court or justice having jurisdiction of such 
 action; and it shall not be necessary to 
 sustain in such action, tc prove that the 
 owner or keeper of such dog, knew such 
 dog was accustomed to do such worrying, 
 killing "or wounding; but a recovery under 
 this section shall bar and preclude the 
 owner of such sheep, lambs, goats or kids 
 'l>trn obtaining compensation from the 
 county jj&u rt, and when compensation is ob- 
 tained ifeBoi the county court under any 
 law whiclwBfcaow or may hereafter be in 
 
of West Virginia. 13 
 
 force, then the county wherein the pay- 
 ment is made, is authorized to sue under 
 this section, and recover as the owner of 
 the sheep, lambs, goats or kids, might have 
 done, and the amount so recovered shall be 
 paid into the county treasury; but no suit 
 shall be commenced unless authorized by the 
 county court. Any person who shall har- 
 bor or secret or aid in secreting any dog 
 which he knows or has reason to believe 
 has worried, chased or killed any sheep, 
 lambs, goats or kids, not the property of 
 the owner of such dog, out of his enclosure, 
 or knowingly permits the same to be done 
 on any premises under his control, shall be 
 guilty of a misdemeanor, and upon con- 
 viction thereof before any court or justice 
 having jurisdiction thereof, in the county in 
 which the offense is committed, be fined 
 not less than ten dollars nor more than 
 fifty dollars, and at the discretion of the 
 court or justice, imprisoned in the county 
 jail not more than thirty days; and each 
 day that such dog is harbored, kept or se- 
 creted, shall constitute a separate offense. 
 
 Sec. 9. The owner <*r keeper of any dog 
 that has been worrying, wounding, chasing 
 or killing any sheep, lambs, goats or kids, 
 not the property of such owner or keeper, 
 out of his enclosure shall, within forty-eight 
 hours after having received notice thereof 
 in writing from reliable and .trusty source. 
 
14 Forest, Game and Fish Laws 
 
 under oath, cause such dog to be killed; if 
 the owner or keeper refuse to kill said 
 dogmas hereinbefore provided, any justice of 
 the peace upon information, shall summon 
 the owner or keeper of said dog, and after 
 receiving satisfactory proof that his dog 
 did the mischief, shall issue a warrant 
 on application being made by the owner of 
 the sheep, lambs, goats or kids killed, and 
 give it into the hands of the constable, 
 special constable or sheriff, who shall kill 
 the dog forthwith ; the cost of said pro- 
 ceedings shall be paid by the owner of the 
 cleg so killed, including a fee of fifty cents 
 to the officer killing the said dog; the owner 
 of said clog killed, shall in addition to the 
 costs, be liable to the owner of the sheep, 
 la?.r»bs, goats or kids, or to the county court 
 for the value of the sheep, lambs, goats or 
 kids so killed or injured. 
 
 Sec. da-1. That it shall be the duty of 
 every assessor, annually, to list all dogs over 
 four months old owned or kept within his 
 district, particularly, noting the number 
 owned or kept about any one house, giving 
 such description of each as he can conven- 
 iently obtain, distinguishing between males 
 and females, and for this purpose he may 
 examine on oath any person found in his 
 district; 4 the fact that any dog is kept or 
 allowed to^ remain about any house shall 
 be deemed sufficient evidence to authorize 
 
of West Vieginia. 15 
 
 the assessor to return the person inhabiting 
 said house as the owner of such dog; such 
 list shall be returned by the assessor to the 
 cleric of the county court of his county, on 
 or before the time fixed for levying the 
 county levy in each year; the assessor shall 
 receive as compensation the sum of five 
 cents for each dog so listed. 
 
 That is shall be lawful, if he so choose, 
 for the owner of any dog to have the same 
 listed by the county assessor of any county 
 in this state, the same as all other personal 
 property is listed and taxed; and when the 
 own^r of any such dog shall have paid the 
 taxes assessed against the same, such dog 
 shall be demed property In the meaning of 
 the law. 
 
 Any person who shall wilfully "or ma- 
 l':>iously steal, poison, wound or kill any 
 such dog or dogs listed as personal property 
 as aforesaid, shall upon conviction be pun- 
 ished as provided by law for stealing, 
 poisoning, wounding or killing other prop- 
 erty; and the owner of such dog or dogs, 
 so stolen, wounded, poisoned or killed, after 
 complying with the provisions of this act, 
 may have a right of action in damages 
 against any such person or persons guilty 
 of a violation of the provisions of this act 
 for the sum not exceeding the assessed 
 value of such clog or dogs. 
 
 But nothing in this act shall prevent the 
 
Forest, Game and Pish Laws 
 
 killing of any vicious or dangerous dog off 
 the premises and out of control of the own- 
 er; nor the killing of any clog running at 
 large and out of the control of the owner 
 thereof, after such owner shall have had 
 notice and still permits such dog to run 
 at large and out of his control; and no 
 person shall be liable in damages or to 
 prosecution by reason of any such killing. 
 
 Sec. 9«-2. The county court shall annual- 
 ly levy a per capita tax on every male dog 
 four months old and over, of fifty cents; on 
 every spayed female dog of four months old 
 and over, of fifty cents, and on every* un- 
 spayed female dog four months old and 
 over, of one dollar and fifty cents. 
 
 Sec. 9<x-3. The per ca^rta tax imposed 
 upon the dogs of any county, shall be col- 
 lected and accounted for by the sheriff of 
 such county, as county levies are collected 
 and accounted for, and to that end it shall 
 be the duty of^the court, in convenient time, 
 to cause a list to be delivered to such sheriff 
 containing the names of all persons charged 
 with a per capita tax on dogs, and the 
 amount assessed against each; for collect- 
 ing, accounting for and paying out the per 
 capita dog tax, the sheriff shall be allowed 
 the like commission as allowed for collect- 
 ing and accounting for the county levies; 
 provided, hoivever, that for so much thereof 
 as he receives from the constables upon the 
 
of West Virginia. 17 
 
 list provided for by the next section, he 
 shall for accounting for and paying out the 
 same be allowed one-half commission; the 
 sheriff shall have charge of all the moneys 
 accruing from the per capita tax upon dog's, 
 or for fines imposed under this act, collected 
 within his county; and the same shall 
 constitute a fund for remunerating the in- 
 habitants thereof for any loss they may sus- 
 tain by injury done to their sheep, lambs, 
 goats or kids by dogs within their county; 
 whenever the surplus arising from any such 
 fund at the end of any fiscal year shall ex- 
 ceed one-half of the amount expended there- 
 from, for the preceding year, the county 
 court of any county shall apply such excess 
 to the general road fund of such county. 
 
 Sec. 9a-4. The court shall cause a list of 
 all persons failing to pay the per capita dog- 
 tax assessed against them, and by the sheriff 
 returned delinquent for non-payment of per- 
 capita dog tax, to be delivered to the con- 
 stables of the district in which they reside 
 with the number of dogs listed to each, and 
 amount of per capita tax assessed severally 
 against each. In case any person liable 
 for said tax shall fail or refuse to pay such 
 amount to the constable upon application 
 therefor, the constable shall levy upon and 
 take into his possession property or effects 
 of the delinquent (including said dog or 
 dogs so listed if such are to be found) sum- 
 
18 Forest, Game and Fish Laws 
 
 cient to pay sajd amount and the cost of levy 
 and sale; the first item in said sale to be 
 the said dog or dogs so taken. In case 
 such constable be unable to sell such dog or 
 dogs; or unable to collect the tax thereon, 
 by the sale of other property, he shall kill 
 and bury such dog or dogs and shall be al- 
 lowed a fee of one dollar for killing and 
 burying each dog; such fee to be paid by the 
 county court, out of such per capita dog tax, 
 when a proper return has been made by 
 such constable. The constable shall have 
 as to said capitation dog tax, the powers of 
 levy and sale and of collection by any 
 method as is vested in the sheriff for the 
 collection of taxes. 
 
 Any person who shall conceal a dog for 
 the purpose of evading the provisions of 
 this section shall pay a fine of five dollars. 
 Where there is more than one constable in 
 the district, the court shall decide which 
 shall act and each constable receiving such 
 list shall make due return to his county 
 court, at such time as the court shall direct, 
 of the manner in which he has discharged 
 the duties respecting the same, and shall 
 pay over to the sheriff any taxes or fines 
 collected by him, taking duplicate receipts 
 therefor, one of which he shall file with the 
 clerk of the county court, who shall charge 
 the sheriff with the amount of the same; 
 each constable shall be liable for the per- 
 
or West Virginia. 9 19 
 
 capita tax assessed upon every dog enumer- 
 ated in such list, of which he shall fail to 
 return a satisfactory account to the court. 
 The constables and their securities shall be 
 liable on their official bond, upon motion of 
 the circuit court of their respective counties 
 for anj r money received by them which they 
 may be liable to pay by virtue of this act. 
 
 Sec. 9«-5. The county court of any county 
 shall, upon the petition of ten per cent, of 
 the legal voters of such county being filed 
 in such court, asking a vote to be taken 
 upon the question, order such vote to be 
 taken at the next succeeding general or 
 school election, to ascertain , the sense of 
 the voters of such county. If a majority 
 of all the votes cast on that question at said 
 election be against imposing a tax on dogs, 
 then this act shall cease to be in force in 
 such county from and after the day on 
 which such result is declared. 
 
 If proof can be established that any dog 
 or dogs belonging to a person living within 
 a county where the dog tax is not assessed 
 and collected, kill any sheep, lambs, goats 
 or kids within a county where the dog tax 
 law is in force, the owner of such oog or 
 dogs shall be liable to the owner of such 
 sheep, lambs, goats or kids so killed, for the 
 amount of damage caused by such dog or 
 dogs. If such collection cannot be made by 
 law from the owner of such dog or dogs then 
 
Forest, Game and Fish Laws 
 
 the county court of such county wherein the 
 said dog or dogs belong shall be liable for 
 the payment of such damages to be paid out 
 of the general expense fund of said county. 
 
 Sec. 9a-6. At the end of every year, or 
 at such times as the county court may di- 
 rect, the sheriff shall report to the court 
 the amount of money in his hands, arising 
 from the tax on dogs, and from fines im- 
 posed under this act, and for which he is 
 accountable; the county court shall, then, 
 out of said fund, provide for the payment 
 of the expenses of assessing, levying and 
 collecting said tax, and shall at the same 
 time, or as soon thereafter as practicable, 
 audit the claims reported under section five 
 of this act, and allow each claim in full, or 
 so much thereof as the court may deem just 
 and right; and after auditing such claims 
 as should be paid out of said fund, if the 
 fund be sufficient to pay the whole thereof, 
 shall give orders thereon to the persons en- 
 titled thereto, to be paid by the sheriff out 
 of said fund. But if it shall appear that 
 there is not sufficient funds in the hands of 
 -the sheriff to pay the amount of claims aud- 
 ited, the court shall give such orders as 
 Will divide the fund pro rata amongst those 
 entitled thereto. 
 
 Sec. Oa-7. That appraisers to be appointed 
 under section five, shall not certify any 
 appraisement to the court unless it be 
 
of West Virginia. 21 
 
 proved to their satisfaction that the per- 
 son claiming such damages has made a 
 proper return to the assessor of the dogs 
 owned or kept hy him. 
 
 Sec. 9a-8. All dogs on which taxes are 
 paid are hereby deemed property in the 
 meaning of the criminal law. But this 
 chapter shall not be construed as repealing 
 or in any manner modifying chapter thirty- 
 two of the Acts of 1875. 
 
 Sec. 9a-9. If any person shall conceal his 
 dog, or send him from house to house, or 
 to any place for the purpose of avoiding 
 the tax, he shall pay a fine of five dollars. 
 All fines imposed by this act shall be recov- 
 ered by suit in the name of the State be- 
 fore a justice, as debts of like amount are 
 by law recoverable, to be paid into the 
 county treasury to the credit of the fund 
 above mentioned; provided, that no costs of 
 such proceedings shall be paid out of the 
 county treasury. 
 
 Sec. 10. The forest, game and fish warden 
 shall be allowed all necessary printing, 
 printed blanks, stationery and postage; but 
 before he shall incur any expense for print- 
 ing he shall first make requisition there- 
 for upon the governor, who, in his discre- 
 tion, approving the same, shall issue his 
 warrant to the warden for said printing, the 
 cost and expense therefor to be paid out of 
 the treasury. 
 
22 Forest, Game and Fish Laws 
 
 Sec. 11. The forest, game and fish war- 
 den and deputy wardens, may make, com- 
 plaint and cause proceedings to he institut- 
 ed-against any person, or persons, or corpor- 
 ation, for the violation of any of the game, 
 fish, bird and forest laws without the sanc- 
 tion of the prosecuting attorney of the 
 county wherein such proceedings are insti- 
 tuted; and in all such cases they shall not 
 he required to give security for costs. Any 
 of said officers 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 of forests, or the protection, 
 preservation and propagation of game, fish 
 and birds, and prosecute the same in the 
 manner and with the same authority as the 
 prosecuting attorney of the county in which 
 such proceedings are had. And in such 
 cases they may, in the event of the refusal 
 or neglect of the prosecuting attorney to 
 act, employ an attorney of their choice, and 
 to such attorney, or to the prosecuting at- 
 torney if he shall act, there shall be taxed 
 in the costs, upon conviction, a fee of ten 
 dollars in such case. 
 
 Sec. 12. The forest, game and fish warden 
 and deputy wardens shall have the power 
 to search any person and examine any 
 boat, vehicle, conveyance, express car, rail- 
 road car, fish box, fish basket, game bag or 
 game coat, or any other receptacle in which 
 
or West Vibginia. 
 
 game, birds or fish could be placed, con- 
 cealed or conveyed, whenever they have 
 reason to believe that they will secure or 
 discover evidence of a violation of the game 
 and fish laws of this state; and any hind- 
 rance or interference, or attempt to hinder 
 or interfere, with such se&rch and examina- 
 tion, shall be prima facie evidence of a vio- 
 lation of the law by the person or persons 
 who hinder or interfere, or attempt to 
 hinder or interfere, with such -search and 
 examination. Said officer, or officers, shall, 
 at any and all times, seize and take posses- 
 sion of any and all game, fish, birds and an- 
 imals which have been caught, taken or 
 killed at any time, in any manner or for 
 any purpose, or had in possession or under 
 control or have been shipped, contrary to 
 any of the laws of this state. Such search 
 and seizure may be made without warrant; 
 and the warden or deputy wardens shall 
 not be liable for false seizure of such birds, 
 game or fish. 
 
 Sec. 13. That any justice or court having 
 jurisdiction of the offense, upon receiving 
 information of probable cause for believing 
 that any game, birds or fish, caught, taken, 
 killed, had in possession, under control, or 
 shipped, contrary to or in violation of any 
 of the laws of this state, shall issue a search 
 warrant, and cause a search to be made, in 
 the manner provided by law, in any place, 
 
24 Forest, Game and Fish Laws 
 
 and to that end may cause any buildings, 
 dwelling house, enclosure, or car to be en- 
 tered forcibly, if necessary, and any apart- 
 ment, chest, baiiocker, refrigerator, crate, 
 basket or package, broken open and the 
 contents thereof examined by the forest, 
 game and fish warden or deputy wardens. 
 All game, fish or birds, seized by any of 
 said officers, shall be sold under the direc- 
 tion of the justice or court before whom the 
 offense is tried, or search warrant issued, 
 and the proceeds of all sales shall be paid 
 into the treasury of the state. 
 
 Sec. 14. Any of the officers herein, whose 
 duty it is to enforce the g&me, fish, bird and 
 forest laws of this state, shall have the 
 same right and power as sheriffs to sum- 
 mon aid in making arrests, seizures, or ex- 
 ecuting any process; and any person, or 
 persons, so summoned, and refusing to act, 
 shall be liable, upon conviction, to the same 
 fines and penalties, the sa*ne as if summon- 
 ed by a sheriff. Such arrest may be made 
 on a 'Sunday, in which case the person, or 
 persons, arrested shall be taken before a 
 justice, having jurisdiction, and proceeded 
 against as soon as may be on a week day 
 following such arrest. 
 
 Sec. 15. The appointed deputy wardens 
 shall, on the first of the months of Febru- 
 ary, June, September and December of each 
 year make a report under oath to the for- 
 
of West Vieginia. 25 
 
 est, game and fish warden which reports 
 shall show in detail the work done by them 
 severally during the three months next pre- 
 ceding. The forest, game and fish warden 
 shall furnish the deputy wardens all neces- 
 sary blank forms and stationery for making 
 said reports. All such reports shall show 
 an account of the suits commenced, the jus- 
 tice or court before whom such proceedings 
 were had, the number and kinds of game, 
 fish, birds and property, seized, and what 
 disposition was made of the same, the 
 amounts of proceeds of sale, and the amount 
 of money, if any, received by him for fines 
 imposed, or from any other source provided 
 for by this chapter. All ex-officio deputy 
 wardens shall make a report to the forest, 
 game and fish warden on the first days of 
 February, June, September and December 
 of each year if they have instituted any pro- 
 ceedings or collected any moneys under the 
 provisions of this chapter during such pre- 
 ceding three months, and all deputy war- 
 dens .shall within thirty days after its re- 
 ceipt pay over to the forest, game and fish 
 warden the fines collected by him, and the 
 bonds of ail ex-officio wardens shall be lia- 
 ble for any such moneys received by them. 
 All justices and judges before whose courts 
 any case under this chapter comes shall on 
 the first day of February, June, September 
 and December, of each year, if there has 
 
26 Forest, Game and Pish Laws 
 
 been before this court any case under this 
 chapter, report to the state forest, game and 
 fish warden all money collected by him and 
 the status of all cases pending or started 
 in his court. 
 
 Sec. loa. It shall be unlawful for any per- 
 son to have in his possession for the purpose 
 of using, or to use a ferret for the purpose 
 of catching rabbits or driving them from 
 their burrows. Any person convicted of an 
 offence under this section shall be fined not 
 less than five nor more than twenty dollars 
 for each offense." 
 
 Sec. 16. The forest, game and fish war- 
 den and deputy wardens, or any other offi- 
 cer who shall make any false return as to 
 moneys collected or disbursed by him, as 
 provided for in this chapter or does not pay 
 over to the proper officer as provided in 
 this chapter, moneys collected by him for 
 fines shall be deemed guilty of a felony, and 
 upon conviction thereof shall be confined in 
 the penitentiary not less than one year nor 
 more than five years. 
 
 Sec. 17. Any person who hinders, ob- 
 structs or interferes with, or attempts to 
 hinder, obstruct or interfere with, the for- 
 est, game and fish warden and deputy war- 
 dens in the discharge of any of their re- 
 spective duties herein, shall be demed guil- 
 ty of a misdemeanor, and upon conviction 
 
of West Virginia. 27 
 
 thereof shall be fined not less than twenty- 
 five dollars nor more than two hundred dol- 
 lars, together with the costs of the prosecu- 
 tion, and in default of payment thereof 
 shall be confined in the county jail until 
 said fines and costs are paid ; Provided, how- 
 ever, that such imprisonment shall not ex- 
 ceed ninety days. 
 
 Sec. 18. The ownership of, and the title 
 to, all wild game, wild birds, both resident 
 and migratory, and all fishes in the state of 
 West Virginia, are hereby declared to be in 
 the state, and no such game, birds, or fishes, 
 shall be taken or killed in any manner, or 
 at any time, except the person so taking 
 or killing the same shall consent that the 
 title thereto shall be and remain in the 
 state of West Virginia, for the purpose of 
 regulating the use and disposition of the 
 same after such taking or killing. The 
 taking or killing of wild game, birds or 
 fishes, at any time or in any manner or by 
 any person, shall be deemed a consent of 
 such person that the title thereto shall be 
 and remain in the state, for the purpose of 
 regulating the use, and disposition of the 
 same. 
 
 Sec. 19. No person, or persons, shall, at 
 any time, hunt, pursue, kill or catch any 
 wild game animals, or wild game birds in 
 this state, without first having secured a 
 license so to do, and then only during the 
 
2& Forest, Game and Fish Laws 
 
 respective periods when it shall be lawful 
 to hunt such game animals and game birds. 
 Such license shall be procured in the follow- 
 ing manner, to-wit: 
 
 The applicant shall go before the county 
 clerk of the county and fill out a blank ap- 
 plication, stating his name, age, occupation 
 or profession, weight, height, place of resi- 
 dence, color of hair, eyes and complexion; 
 the application shall be subscribed in ink 
 and sworn to by the applicant, that his 
 statements are correct and true to the best 
 of his knowledge and belief, before the coun- 
 ty clerk issuing said license; the applicant, 
 if a non-resident of this state, or unnatural- 
 ized foreign born resident, shall pay to 
 said county clerk the sum of fifteen dollars, 
 as a license tax, and a fee of fifty cents to 
 said clerk for issuing such license; if the 
 applicant is a bona fide resident citizen of 
 this state, he shall pay to the county clerk 
 issuing such license, the sum of seventy- 
 five cents as a license tax, and a fee of 
 twenty-five cents to said clerk as his fee 
 for issuing such license; provided, that 
 such bona fide resident may fill out said ap- 
 plication and swear to the same before a 
 notary public or justice of the peace in the 
 county of his residence and send same to 
 the county clerk, together with such tax 
 and fee and such clerk shall send him such 
 license. Said license shall bear the seal of 
 
of West Virginia. 21 
 
 the county court of the county in which 
 same is issued and signed by the clerk. All 
 such license taxes shall be paid by the coun- 
 ty clerk to the state treasurer on the first 
 day of each month for the next month pre- 
 ceding. Such license shall entitle the person 
 to whom it is issued to hunt and kill game 
 in any county within this state at any time 
 when it shall be lawful to hunt, pursue and 
 kill such game; and no person, to whom 
 such license has been issued, shall be en- 
 titled to hunt, pursue or kill game in this 
 state, without at the time of such hunting, 
 pursuing or killing of game, h'e shall have 
 such license in his possession; and he shall 
 exhibit the same to any officer of this state, 
 or owner, tenant or lessee of any land on 
 which such person, or persons are hunting, 
 on demand. All such licenses shall be good 
 and valid for the period of one year next 
 succeeding its issue. The carrying of any 
 uncased gun in any of the fields or woods 
 of this state by any person not having the 
 lawful right to hunt, pursue or kill game, 
 birds or animals in such fields 01 woods, 
 shall as to such person, other than the bona 
 fide owner, or owners of such fields or 
 woods, his or their child or children, tenant 
 or tenants, lessee or lessees, be deemed 
 prima facie evidence of a violation of this 
 section; and any person claiming to hold 
 a license to hunt in this state, having in his 
 
30 Forest.. Game and Fish Laws 
 
 possession any gun or other hunting para- 
 phernalia in such woods, or fields, shall on 
 failure to produce such license for inspection 
 to any ^warden of this state or owner or 
 agent of the owner of such woods and fields 
 on demand, he deemed guilty of a misde- 
 meanor and shall he punished on conviction 
 as provided later in this section. Provided, 
 however, that any resident owner, or own- 
 ers, of farm lands, their resident child or 
 children, or hona fide tenants, shall have 
 the right to hunt, kill and pursue birds and 
 game on such farm lands of which he, or 
 they, are the bona fide owners or tenants, 
 during the season when it is lawful to kill, 
 catch or pursue birds or game, without se- 
 curing such resident license; and provided, 
 further, that the owners of adjoining lands 
 may each have the privilege of reciprocat- 
 ing the non-licensed privilege by giving 
 each other written privilege to exchange 
 hunting rights only on land immediately 
 joining each other and upon which each 
 party resides. All non-resident members, of 
 any club or organization, owning or leasing 
 a game preserve, in this state, shall each be 
 required to secure a non-resident hunters' 
 license. Any person found guilty of vio- 
 lating any of the provisions of this section 
 shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof, shall be fined 
 not less than twenty-five dollars nor more 
 
of West Virginia. 31 
 
 than fifty dollars for each and every of- 
 fense, in addition to* the costs of the prose- 
 cution, and in addition thereto may he con- 
 fined in the county jail for a period not 
 exceeding thirty days, in the discretion of 
 the justice or court trying the case, and 
 upon failure of payment of fine and costs 
 the person, or persons, convicted shall be 
 confined in the county jail until such fines 
 and costs are paid, but such imprisonment 
 shall not exceed twenty days for any one of- 
 fense. No hunter's license shall be issued 
 to any minor under the age of fifteen years 1 
 without the consent in writing from the 
 parent or guardian of such minor, such 
 consent to be filed by the clerk issuing such 
 license. 
 
 Sec. 20. It shall be unlawful for any 
 person, at any time, to catch, kill or injure, 
 or to pursue with intent to catch, kill or 
 injure, the skunk or polecat, except in de- 
 fense of property, in any county of this 
 state; provided, that before this act shall go 
 into effect it shall be ratified by a majority 
 of the voters in any county of the state 
 which desires its adoption; and upon the 
 petition of one hundred or more voters of 
 a county to the county court thereof the 
 said court shall submit the question of 
 its adoption therein to the voters of that 
 county, to be voted upon at a general 
 election to be held therein, and shall cause 
 
32 Forest, Game and Fish Laws 
 
 to be printed upon the ballots used in such 
 election the words, "For the skunk law," 
 and "Against the skunk law," and if a ma- 
 jority of the votes cast be in favor of said 
 law then the said court shall declare the 
 same to be the law of that county and 
 enter the same of record. 
 
 And in any county where this act has 
 been adopted, as herein provided, and it is 
 desired at any time thereafter to repeal 
 the same, in such county, it may be done 
 in the same manner as is provided herein 
 for the adoption of this act. 
 
 Any person violating this section shall be 
 guilty of a misdemeanor, and upon convic- 
 tion thereof shall be fined not less than 
 ten 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. Any justice 
 of the peace, for the county in which the 
 offense was committed, shall have concur- 
 rent jurisdiction, of all offenses under this 
 section. Any person found with any recent- 
 ly killed skunk or polecat skins in his pos- 
 session shall be presumed to have killed 
 the same. 
 
 Sec. 21. Any person who shall, at any 
 time, alter or change in any manner, or 
 loan, sell or transfer to another any license 
 provided for in section nineteen of this 
 chapter or the person buying or borrowing 
 
of West Virginia. 33 
 
 such license, shall be deemed guilty of a 
 misdemeanor and upon conviction thereof 
 shall be fined not less than twenty nor more 
 than fifty dollars and in addition thereto 
 may be confined in the county jail not more 
 than thirty days. 
 
 Sec. 22. The words "close season," and 
 "close time," shall mean the time or period 
 during which it is unlawful to hunt, pursue, 
 catch, shoot, wound, trap or destroy any 
 bird or animal, or to fish for or catch any 
 fish, and the words "open season" and "open 
 time," shall mean *the open time or period 
 during which it shall be unlawful to take 
 these animals, birds and fish, as specified 
 and limited by law. 
 
 Sec. 23. For the purposes of this chapter 
 the following are considered game animals, 
 to-wit: deer and squirrel. And the follow- 
 ing shall be considered game birds, to-wit: 
 The anatadae, commonly known as ducks, 
 geese, swan and brant; the raillidae, com- 
 monly known as mud hens, rails, coots, and 
 gallinules; the limicolae, commonly known 
 as shore birds, plover, snipe, wood cock, tat- 
 tlers, curlews, ortolan, sandpiper; and gal- 
 linae, commonly known as wild turkey, ruf- 
 fed grouse or pheasant, quail or bob white. 
 
 Sec, 23. It shall be unlawful for any per- 
 son to buy, sell or have in possession any 
 of the animals, wild fowl or birds mention- 
 ed in section twenty-three of this chapter, 
 
34 Forest, Game and Fish Laws 
 
 at any time when the killing, trapping, net- 
 ting and snaring of such animals, wild fowl 
 or birds shall be unlawful, or which shall 
 have 5een killed, trapped, netted or snared 
 contrary to the provisions of this chapter, 
 And it shall further be unlawful for 
 any person or persons, firm or corporation, 
 at any time, to purchase or offer to purchase 
 or to sell or to expose for sale, or have in 
 his, or their possession for the purpose of 
 selling, any quail, ruffed grouse, or pheas- 
 ant, wood cock, wild turkey, wild goose, 
 swan, brant, wild ducks of any kind, plover, 
 snipe, sand piper, squirrel, deer or venison; 
 trout of any species, salmon of any species, 
 pike, bass or silver perch or any of the 
 birds, fish or game prohibited to be caught 
 or killed at any time by the provisions 
 of "this chapter, and it shall be unlawful for 
 any person or persons, firm or corporation, 
 or common carrier, to receive for transpor- 
 tation, or to transport, carry or convey, any 
 quail, ruffed grouse or pheasant, wood cock, 
 wild turkey, wild geese, swan, brant, wild 
 ducks of any kind, plover, snipe, sand piper, 
 squirrel, deer or venison or game fishes, 
 mentioned in this section that shall have 
 been caught, snared, taken, trapped or killed 
 at any time, within the limits of this state, 
 knowing, or having reason to believe, the 
 same had been sold, or to transport, carry 
 or convey the same outside of this state for 
 
of West Virginia. 35 
 
 any purpose. Provided, that it shall be 
 lawful to have any such game animals, 
 birds or fishes in possession for a period 
 not exceeding twenty days after the open 
 season thereof is ended and the close sea- 
 son thereon has begun. Any person, or 
 persons, firm or corporation, guilty of vio- 
 lating any of the provisions of this section 
 shall be deemed guilty of a misdemeanor, 
 and on conviction thereof, shall be fined 
 not less than twenty-five dollars nor more 
 than one hundred dollars for each and every 
 offense, and the costs of the prosecution. 
 And in default of the payment of such 
 fine and costs shall be confined in the coun- 
 ty jail until the same is paid, not to ex- 
 ceed, however, the period of sixty days. 
 The selling, exposing for sale, having in pos- 
 session for sale, transporting or carrying 
 and conveying, contrary to the provisions 
 of this section, of each and every animal, 
 fish or bird mentioned in this section, shall 
 constitute a separate offense. 
 
 Sec. 25. No person shall hunt, chase, kill 
 or wound any deer, from the first day of 
 December, until the fifteenth day of Octo- 
 ber following, of any year, except tame deer 
 owned by the person killing the same; nor 
 shall any one person kill more than two 
 deer in any one season. No person, or per- 
 sons, shall chase or hunt deer with dogs in 
 this state at any time. No person shall at 
 
36 Forest, Game and Fish Laws 
 
 any time kill any fawn, doe or any deer 
 other than bucks with horns or antlers over 
 four inches in length, or have the fresh skin 
 of any fawn in his possession. No person 
 shall at any time, kill or have in his pos- 
 session any deer, quail, pheasant, or ruffed 
 grouse, wild turkey, squirrel or any part 
 of the same, or game fishes with the inten- 
 tion of sending or transporting the same or 
 having the same sent or transported beyond 
 the limits of this state. Any person violat- 
 ing any provision of this section shall be 
 guilty of a misdemeanor and on conviction 
 thereof shall be fined not less than twenty- 
 five nor more than fifty dollars for each and 
 every deer unlawfully hunted, chased, 
 wounded or killed, and for each fawn skin 
 had in possession, and not less than twenty 
 dollars nor more than fifty dollars for each 
 and every quail, ruffed grouse or pheasant, 
 wild turkey or any part of the same, for 
 each and every game fish, and for each and 
 every deer or part of deer, killed or had in 
 possession with the intention of sending 
 or transporting the same, or having the 
 same sent or transported beyond the limits 
 of this state. And in addition to the fine, 
 or fines, prescribed in this section, the per- 
 son, or persons convicted may be confined 
 in the county jail not to exceed sixty days 
 for each and every offense; and upon de- 
 fault of the payment of the fine and costs, 
 
of West Virginia. 37 
 
 shall be confined in the county jail until 
 the same are paid but not to exceed a period 
 of sixty days. 
 
 Sec. 25a. It shall be unlawful for any 
 person to chase, catch, kill or injure, or pur- 
 sue with the intent to chase, catch, kill or 
 injure any rabbit between the 20th day of 
 December and the first day of November, 
 both dates inclusive, of the following year, 
 in the counties of Brooke, Hancock, Ohio, 
 Marshall, Harrison and Marion. Any per- 
 son violating any of the provisions of this 
 section, shall be deemed guilty of a misde- 
 meanor, and, upon conviction thereof, shall 
 be fined not less than ten dollars nor more 
 than twenty-five dollars for each offense, and 
 in the discretion of the justice or court try- 
 ing the case, be imprisoned in the county 
 jail for a period not exceeding thirty days 
 for each offense; and in default of the pay- 
 ment of the fines and costs, the person con- 
 victed shall be confined In the county ;ail 
 for a period not exceeding twenty days un- 
 less such fine and costs be sooner paid. 
 
 Sec. 26. It shall be unlawful for any per- 
 son to catch, kill or injure, or pursue with 
 the intent to catch, kill or injure, any ruff- 
 ed grouse or pheasant, or wild turkey be- 
 tween the first day of December and the fif- 
 teenth day of October of the following year; 
 or any quail or Virginia partridge between 
 the first day of December, and the first day 
 
Forest, Game and Fish Laws 
 
 of November following; nor any gray, black, 
 red or fox squirrel between the first day of 
 December and the thirty-first day of August, 
 both inclusive, of the following year. Nor 
 shall any person kill more than twelve quail 
 or six ruffed grouse or two wild turkeys in 
 any one day, nor more than ninety-six quail 
 or twenty-five ruffed grouse or six wild tur- 
 keys in any one open season. No person 
 shall kill any wild duck, wild goose or brant 
 between the twentieth day of April and the 
 first day of September; Provided, that the 
 wood duck shall not be killed at any time 
 within this state; woodcock, plover, rail, 
 ortolan or sand piper between the twentieth 
 day of December, and the fifteenth day of 
 July following; or any snipe between the 
 first day of March and the fifteenth day of 
 October following. 
 
 It shall be unlawful for any person at any 
 time to catch, by seine, net, bait, trap or 
 snare of any kind or device, any wild tur- 
 key, ruffed grouse or pheasant or quail. 
 
 Any person violating any of the provis- 
 ions of this section shall be guilty of a mis- 
 demeanor and, upon conviction thereof, 
 shall be fined not less than twenty-five dol- 
 lars nor more than fifty dollars for each 
 offense, and in the discretion of the justice 
 or court trying the case, be imprisoned 
 in the county jail for a period not exceeding 
 thirty days for each offense'; and in default 
 
of West Virginia. 39 
 
 of the payment of the fine and costs, the 
 person convicted be confined in the county 
 jail for a period not exceeding thirty days 
 unless such fine and costs he sooner paid. 
 Provided, however, that the forest, game and 
 fish warden or deputy wardens or other 
 persons, under the direction of 'the warden 
 may capture by any means any of the game 
 birds or game animals to keep them alive 
 for propagation purposes. And provided, 
 further, that the warden may give written 
 permission to any responsibble person, as 
 provided by section thirty-eight of this 
 chapter. 
 
 Sec. 27. It shall be unlawful for any per- 
 son at any time to catch, by seine, net, bait, 
 trap or snare of any kind or device, any 
 wild turkey, ruffed grouse or pheasant or 
 quail. 
 
 Sec. 28. It shall be unlawful to hunt, 
 catch, kill or injure or pursue with intent 
 to hunt, catch, kill or injure, any wild ani- 
 mals or birds, or fish, on the first day of 
 the week, commonly known as Sunday. 
 
 Any person violating any of the provis- 
 ions of this section or section twenty-seven 
 hereof shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall 
 be fined not less than ten dollars nor more 
 than twenty-five dollars, *nd in default of 
 the payment of fine and costs, be committed 
 to the county jail for a period of not more 
 
40 Forest, Game and Pish Laws 
 
 than thirty days, unless said fine and costs 
 are sooner paid. 
 
 Sec. 29. All prosecutions under this 
 chapter shall be in the name of the state 
 of West Virginia, before any court or jus- 
 tice, having jurisdiction, and the justice 
 shall have concurrent jurisdiction with the 
 circuit and other courts in all misdemean- 
 ors, and in any case in which the prosecut- 
 ing attorney appears, a fee of ten dollars 
 shall be allowed him, to be taxed as a part 
 of the costs of the case, and collected off the 
 defendant, in case he is convicted. 
 
 Sec. 30. Every person called as a wit- 
 ness in any case for the violation of any 
 of the provisions of this chapter, shall be 
 compelled to testify fully; but his testimony 
 shall not be given in evidence against him 
 in any prosecution for such offense; 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 offense or matters to 
 which said witness so testified, nor for any 
 violation of any provision of this chapter 
 alleged to have been committed before the 
 commencement of the prosecution in which 
 he is examined as such witness. 
 
 Sec. 31. All moneys collected and due the 
 state, under and by virtue of the provisions 
 of this chapter, shall be disposed of, as fol- 
 lows: The net proceeds of all fines collect- 
 
of West Virginia. 41 
 
 ed from convictions of the violations of any 
 section of this chapter, shall after the pay- 
 ment of the amounts fixed hy this chapter to 
 the proper deputy wardens and the costs 
 as provided hy law be paid into the state 
 treasury and credited to the "school fund" 
 of the state, and provided hy the constitu- 
 tion; all other moneys due the state by vir- 
 tue of any of the provision of this chapter 
 shall be paid into the state treasury and 
 credited to the "forest, game and fish pro- 
 tective fund." 
 
 Sec. 32. , In all cases where any person 
 has been indicted for the violation of any 
 of the provisions of this chapter, and has es- 
 caped or removed to another state all costs 
 of requisition and extradition papers and all 
 other costs and expenses of securing and 
 bringing such person back into this state, 
 shall be charged as a part of the costs of 
 prosecution against such person; and if 
 such costs of requisition and extradition pa- 
 pers and expenses cannot be secured from 
 such person, they shall be paid out of the 
 "forest, game and fish protective fund." 
 
 Sec. 33. That no person shall within the 
 state of West Virginia kill or catch or have 
 in his or her possession, living or dead, any 
 wild bird other than a game bird; or pur- 
 chase, offer or expose for sale, transport for 
 sale, transport or ship within or without 
 
42 Forest, Game and Pish Laws 
 
 the state, any such wild bird after it has 
 been killed or caught, except as permitted 
 by this chapter. No part of the plumage, 
 skin «r body of any bird protected by this 
 section shall be sold or had in possession 
 for- sale, irrespective of whether said bird 
 was captured or killed within or without 
 the state. For the purpose of this chapter 
 all the birds and species of birds named in 
 section twenty-three of this chapter only 
 shall be considered game birds. 
 
 Sec. 34. No person shall, within the 
 state of West Virginia take or needlessly 
 destroy or attempt to take or destroy the 
 nest or eggs of any wild bird other than 
 a game bird, or have such nest or eggs in 
 his or her possession, except as permitted 
 by this chapter. 
 
 Sec. 35. No person or persons or any cor- 
 poration acting as a common carrier, its 
 officers, agents or servants, shall ship, carry, 
 take or transport, either within or beyond 
 the confines of the state, any resident or 
 migatory wild-non-game bird. 
 
 Sec. 36. Any person violating sections 
 twenty-three, thirty-four and thirty-five shall 
 be guilty of a misdemeanor and upon con- 
 viction thereof shall be fined not less than 
 ten dollars and may be confined in the 
 county jail at the discretion of the court or 
 justice for a period of not more than thirty 
 days. 
 
of West Virginia. 43 
 
 Sec. 37. Sections thirty-three, thirty-four 
 and thirty-five of this chapter shall not ap- 
 ply to any person holding a certificate giv- 
 ing the right to take birds, their nests, or 
 eggs, for scientific purposes only as provid- 
 ed for in section thirty-eight of this chapter. 
 
 Sec. 38. Certificate may be granted by 
 the forest, game and fish warden to any 
 properly accredited person of the age of fif- 
 teen years or upwards, permitting the hold- 
 er thereof to collect birds, . their nests, or 
 eggs for scientific purposes only; the appli- 
 cant for same must present to said officer 
 written testimonials from two well-known 
 ornithologists who must be residents of 
 West Virginia, certifying to the good char- 
 acter, and fitness of said applicant to be 
 entrusted with such privilege; must pay 
 said officer one dollar to defray the neces- 
 sarjr expenses attending the granting of 
 such certificate, on proof that the holder 
 of such certificate has killed any bird or 
 taken the nest of any bird for other than 
 strictly scientific purposes, his certificate 
 shall become void and he shall be liable to 
 a fine not exceeding one hundred dollars or 
 imprisonment not exceeding thirty days or 
 both, at the discretion of the court. 
 
 Sec. 39. The certificate authorized by 
 section thirty-eight of this chapter shall ex- 
 pire on the thirty-first day of December of 
 
44 Forest, Game and Fish Laws 
 
 the year issued, and shall not be transfer- 
 able. 
 
 Sec. 40. The English or European house 
 sparrow, owls, hawks, eagles, crows and 
 king fishers are not included among the 
 birds protected by this chapter. 
 
 Sec. 41. Nothing in this chapter shall 
 prevent a citizen of West Virginia from 
 taking or keeping any wild non-game bird 
 in a cage as a domestic pet; provided, that 
 such bird shall not be sold or exchanged, or 
 offered for sale or exchange, or transported 
 out of this state. 
 
 Sec. 42. Whoever, while engaged in hunt- 
 ing or pursuing wild game or game birds, 
 negligently or carelessly shoots or wounds 
 or kills any human being, or any live stock 
 shall be deemed guilty of a misdemeanor, 
 and on conviction thereof, shall be fined not 
 exceeding one thousand dollars, and in the 
 discretion of the court trying the case, be 
 confined in the county jail for a period of 
 not exceeding one year. 
 
 Sec. 43. There shall be no open season 
 on the following named game birds: Hun- 
 garian partridge, Reeve's pheasant, English 
 pheasant, Lady Amherst's pheasant, Chi- 
 nese pheasant, caporcailzie or any other 
 foreign game birds introduced into this 
 state by the wardens or any person or per- 
 sons, or associations. It shall be unlawful 
 for any person to catch, kill or injure, 
 
of West Virginia. 45 
 
 any of the species of the game birds men- 
 tioned in this section. Any person violating 
 any provision of this section shall be deem- 
 ed guilty of a misdemeanor, and upon con- 
 viction, shall be fined not less than twenty- 
 five dollars nor more than fifty dollars and, 
 in the discretion of the court or justice try- 
 ing the case be confined in the county jail 
 for a period of not more than sixty days; 
 and upon default of the payment of fine and 
 costs, he shall be confined in the county 
 jail not less than twenty days, unless said 
 fine and costs are sooner paid. Each bird 
 shall constiute a separate offense. 
 
 Sec. 44, ic shall not b« tawful for any 
 person to catch or destroy any of the fish 
 in the creeks or rivers in this state by 
 means of a drag or other net, fish pots, 
 weirs, traps, by sledging, snooting or other 
 devices (except by hook and line) at* any 
 time; Provided, lioivever, that any person 
 may set a trot line, the hooks on which 
 shall not be less than two feet apart, and, 
 that seines may be used in the Ohio River 
 from the fifteenth day of November to the 
 first day of March following, but each seine 
 so used must be registered by the owner or 
 user with the forest, game and fish warden 
 and the size of mesh must be two inches 
 from knot to knot. Nor snail it be lawful 
 for any person to catch and have in his pos- 
 session any jack salmon, commonly called 
 
46 Forp;st, Gaime and Fish Laws 
 
 jack fish, or any white salmon of less than 
 seven inches in length, or any pike of less 
 than ten inches in length, or any black bass 
 less than seven inches in length or any 
 trout less than five inches in length, or any 
 fish caught out of season or caught in any 
 manner prohibited by law. And all fish 
 less than the length prescribed herein shall 
 be returned to the water immediatly with 
 as little injury as possible. 
 
 And the measurement of fish shall be 
 from end of nose to center form of tail. It 
 shall be unlawful to take or destroy any 
 jack salmon, (commonly called jack fish or 
 white salmon) in any manner between 
 the fifteenth day of April and the fifteenth 
 day of June of each year; or to catch or 
 destroy any trout or land-lock salmon in 
 any manner between the first day of Septem- 
 ber and the first day of April of each year. 
 It shall not be lawful for any person to 
 catch any black bass, green bass, willow 
 bass, rock bass, pike or pickerel, or wall 
 eyed pike (commonly known as salmon) be- 
 tween the fifteenth day of April and the fif- 
 tenth day of June of each year; except that 
 in tbe counties of Brooke, Hancock and Ohio 
 the time shall be from April fifteenth to May 
 twenty-ninth of each year; nor shall any 
 person catch or kill any of said fishes or fish 
 at any other time during the year, save only 
 with a rod, hook and line, except, 
 
of West Virginia. 47 
 
 It shall be lawful to catch fish of the suck- 
 er variety known as suckers, carp, mullet, 
 and red horse, by gig, spear, looping or in 
 any other way at any time; it shall be un- 
 lawful to kill bass or any other game fish 
 by spear, gig, shooting or skipping or jump- 
 ing. 
 
 It shall not be lawful for any person to 
 catch or destroy fish in any dam or pond 
 tbe property of any person, except with the 
 cod sent of the owner of such dam or pond 
 unless such dam or pond be in some of the 
 rivers in this state. But nothing in this 
 chapter shall be construed as to prevent the 
 catching of minnows or other small fish, ex- 
 cept salmon, bass, shad and trout, by means 
 of hand, or cast nets, to be used for angling 
 or scientific purposes; nor to prevent the 
 warden of the state or his deputies or any 
 person with their or his consent from catch- 
 ing any fish at any time with nets or seines 
 for the purpose of propagation or stocking 
 other waters, nor to prevent any person from 
 taking in any way fish from his private 
 dam, spring or pond at any time. 
 
 Any person who shall knowingly willfully 
 let the water out of any pond mentioned 
 herein with the intent to take or injure fish 
 therein, shall be guilty of a misdemeanor 
 and shall be punished, upon conviction, by 
 imprisonment in the county jail not less 
 than one month nor more than six months, 
 
48 Forest, Game and Fish Laws 
 
 or by a fine not less than fifty nor more 
 than two hundred dollars, or by both fine 
 and imprisonment. 
 
 The owners or those in control of lands 
 or rights in land, in or bordering upon any 
 pond designated in this act, shall have erect- 
 ed and maintained in a conspicuous place 
 along these ponds when they are un-enclos- 
 ed, a sign at least a foot square and which 
 shall have thereon the name of the party 
 in control and the words "Trespassers warn- 
 ed off under penalties of the law." Any 
 person who shall wilfully and wrongfully 
 tear down, deface or injure the boards pro- 
 vided for in this section shall be guilty of a 
 misdemeanor and liable to a penalty as here- 
 inafter provided. 
 
 Any person violating any provision of this 
 section, except as otherwise herein provid- 
 ed, shall be guilty of a misdemeanor and for 
 every conviction thereof shall be fined not 
 less than ten dollars nor more than one hun- 
 dred dollars and may, at the discretion of 
 the court or justice trying the case, Be con- 
 fined in the county jail not exceeding thirty 
 days. 
 
 Sec. 45. It shall be lawful for any person 
 at any time, to remove or destroy any 
 nets, traps or other devices placed in any 
 creeks, runs or rivers within this state, ex- 
 cept registered seines in the Ohio river, as 
 ♦ provided for in this chapter, and the person 
 
of West Virginia. 49 
 
 or persons claiming ownership or possession 
 of such nets, seines or other devices shall 
 have no recourse at law against the party 
 destroying 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 
 possession shall be prima facie evidence 
 that the same were used unlawfully. In 
 all prosecutions under this act it shall be 
 prima facie evidence sufficient on the part 
 of the state to show that the -defendant was 
 found upon the creeks or small streams 
 where fish are taken with such seine in his 
 possession. 
 
 Any person violating any of the above 
 provisions of this section shall be guilty of 
 a misdemeanor and upon conviction thereof 
 shall forfeit such net or seine (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 fifty dollars 
 or be confined in jail not exceeding thirty 
 days. 
 
 And no person, firm or corporation, shall 
 build, erect, keep or maintain any dam or 
 anything in any river, creek or water 
 course in this state, which shall in any way 
 or manner prevent or obstruct the free and 
 easy passage of fish up or down such river. 
 
50 Foeest, Game and Fish Laws 
 
 creek or other water course without plac- 
 ing, 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 ladder or way shall be constructed up- 
 on plans and in a manner and at a place 
 satisfactory of the forest, game and fish 
 warden of the state of West Virginia. Any 
 person, firm or corporation violating this 
 provision shall be guilty of a misdemeanor 
 and upon conviction thereof shall be fined 
 not less than ten dollars nor more than 
 fifty dollars; and each week shall constitute 
 a separate offense; provided, that any per- 
 son, firm or corporation now maintaining 
 or keeping any such dam or other thing 
 shall be allowed six months from the time 
 this act shall take effect in which to comply 
 therewith. 
 
 And it shall be the especial duty of said 
 forest, game and fish warden upon the in 
 formation of the violation of this provision, 
 to immediately investigate the same, and 
 cause this provision to be fully carried out. 
 
 Sec. 46. It shall be unlawful for any per- 
 son, firm or corporation to employ or hire" 
 in any way, directly or indirectly or by the 
 use of money or other thing of value to in- 
 duce or persuade any other person, firm or 
 corporation to kiH, catch or deliver to such 
 first named or any other person, firm or 
 
of West Virginia. 
 
 corporation, any deer, wild turkey, quail, 
 pheasant or ruffed grouse, or any other 
 wild game or wild birds, or trout, bass, sal- 
 mon or any other game fish, the sale of 
 wliich game or fish is prohibited by 
 this chapter, and the serving of any such 
 birds, game or fish killed or caught in this 
 state by any hotel, restaurant or other 
 licensed place where meals are furnished for 
 pay, shall be deemed a sale of such birds, 
 game or fish. 
 
 And it shall be unlawful for any per- 
 son, firm or corporation to kill, catch or de- 
 liver for money or other thing of value, 
 either directly or indirectly any such game, 
 birds or fish. 
 
 Any person, firm or corporation violating 
 this section shall be guilty of a misdemean- 
 or and upon conviction thereof shall be fined 
 not less than ten nor more than fifty dol- 
 lars and may be confined in the county jail 
 at the discretion of the court or justice for 
 a period of not exceeding thirty days, and 
 each animal, bird or fish so served, killed, 
 caught or delivered shall constitute a sepa- 
 rate offense. 
 
 Sec. 47. It shall be unlawful for any per- 
 son to kill or attempt to kill any fish by 
 use of dynamite or any other explosive mix- 
 ture, or by the use of any poisonous drug, 
 substance, bait*or food or by the use of elec- 
 tricity, lime or other thing of like nature. 
 
52 Forest, Game and Fish Laws 
 
 And the placing of any such article in any 
 stream, pond or lake, shall be deemed and 
 taken to be prima facie proof of intention to 
 violate- this section. 
 
 Any person violating this section shall be 
 guilty of a felony and upon conviction 
 thereof, shall be confined 'in the peniten- 
 tiary for a period not less than six months 
 nor more than two years, and may at the 
 discretion of the court be fined not less than 
 fifty nor more than two hundred dollars. 
 
 Sec. 48. It shall be unlawful for any per- 
 son, firm or corporation to sell, give or fur- 
 nish directly or indirectly any dynamite or 
 any other explosive or killing mixture or 
 any poisonous drug, bait or food to any per 
 son, when such person, firm or corporation 
 knows or has reason to believe that such 
 dynamite or other explosive or killing mix- 
 ture or poisonous drug, bait or food are 
 intended to be used for the prupose of kill- 
 ing fish. Any person, firm or corporation 
 violating this section- shall be guilty of a 
 misdemeanor and upon conviction thereof, 
 shall for each offense, be fined not less than 
 twenty-five nor more than one hundred dol- 
 lars, and may at the discretion of the court 
 be confined in the county jail not exceeding 
 thirty days. 
 
 Sec. 49. It shall be unlawful for any per- 
 son to shoot, hunt, fish or fowl upon the en- 
 closed or unenclosed lands of another per- 
 
of West Virginia. 53 
 
 son or camp, peel trees, cut trees or timber, 
 build fires or do any other act or thing 
 thereon in connection with or auxiliary to 
 shooting, hunting, fishing or fowling on 
 such lands, without permission in writing 
 of the owner, lessee or other person entitled 
 to the possession of such lands or of the 
 tenant or agent of such owner, lessee or per- 
 son entitled to the possession thereof, duly 
 authorized to give such written permission, 
 and every person hunting, shooting, fishing 
 or fowling upon such lands shall have such 
 written permission with them when so 
 doing. 
 
 Any person violating any provisions of 
 this section shall be guilty of a misde- 
 meanor, and upon conviction thereof shall be 
 fined not less than ten dollars nor more 
 than fifty dollars and may, in the discretion 
 of the court or justice, be confined in the 
 county jail not more than thirty days; and 
 if any person be convicted a third time of 
 such offense, he shall be confined in the 
 county jail for a period of not less than 
 three nor more than thirty days in addition 
 to any fine imposed, and in all cases he 
 shall be confined in the county jail until the 
 fine and costs are paid; provided, that such 
 time shall not exceed thirty days. It shall 
 be lawful for the owner, lessee or the 
 person entitled to the possession of such 
 lands or the agent thereof to arrest any 
 
Fobpjst, Game and Fish Laws 
 
 such person found -violating this section and 
 immediately take him before a justice of 
 the peace for trial and such owner, lessee, 
 person, or agent are hereby vested with all 
 the powers and rights of a deputy game 
 warden for such purpose; and it is hereby 
 made the duty of the warden and all depu- 
 ties to see that this section is enforced. 
 
 Sec. 50. It shall be unlawful for any per- 
 son to shoot or discharge any fire arms in 
 or across any public road in this state at 
 any time or within four hundred feet of any 
 school hduse or shoot or discharge any fire- 
 arms on the lands, of another on any lawn 
 or orchard or on any pleasure ground or 
 other ground which is directly appurtenant 
 to or within six hundred feet of any occu- 
 pied dwelling house. Any person violating 
 this section shall be guilty of a misde- 
 meanor and upon conviction thereof shall be 
 fined not less than ten dollars nor more 
 than fifty dollars or at the discretion of 
 the court or justice be imprisoned not more 
 than thirty days. 
 
 Sec. 51. The forest, game and fish war- 
 den shall be ex officio fire warden of the 
 state of Wes£ Virginia, and all deputy war- 
 dens shall also be deputy fire wardens for 
 their respective counties in which each may 
 reside. In case of fire in or threatening to 
 forest or woodland, the deputy fire wardens 
 of the county, wherein such fire is, shall 
 
of West Virginia. 55 
 
 upon receiving notice thereof, forthwith, at- 
 tend and use all necessary means to confine 
 and extinguish the same. He may destroy 
 fences, plough land, or, in an emergency, 
 set hack-fires to check fire. He may hire 
 volunteers or summon any resident of his 
 county to assist in putting out fires. Any 
 person summoned, who is physically able 
 and refuses to assist, shall forfeit the sum 
 of ten dollars as a penalty therefor. An ac- 
 tion of trespass shall not lie against persons 
 crossing or working upon lands of another 
 to extinguish fire. In case a forest- fire 
 burn over more than one acre of land the 
 deputy fire warden of the county in which 
 it occurs, shall make report thereof to the 
 warden, giving the area burned over, the 
 quantity of timber, wood, logs, bark or other 
 forest product, and of fences, bridges and 
 buildings destroyed, with, an estimate of the 
 value thereof. He also shall report the 
 cause of such fire and the means used and. 
 cost expended in putting it out. 
 
 Sec. 52. Deputy wardens shall receive 
 the sum of two dollars per day for the time 
 actually employed at forest fires and each 
 county court may fix the price to be .paid 
 per day, not exceeding two dollars for ser- 
 vices of laborers' at forest fires in their re- 
 spective counties, and serve notice thereof 
 on the warden and the deputy wardens, resi- 
 dent in such county. All services rendered 
 
56 Forest, Game and Fish Laws 
 
 at forest fires shall be a charge against the 
 county, and each deputy warden shall ren- 
 der within twenty days -after such fire to 
 the county court thereof a sworn statement 
 of the time used by him at such fire with 
 the location of the same and the names of 
 all persons hired or summoned by him, who 
 assisted him therea't, together with the time 
 each worked and the county court shall pay 
 such deputy warden and assistants out of 
 the county funds, after it has examined 
 such reports and is satisfied with the cor- 
 rectness thereof. 
 
 Sec. 53. Whoever by himself, or by his 
 servants, agents, or guide, or as the servant, 
 agent or guide of any other person, shall 
 build any fire, or use an abandoned fire in a 
 field, public or private road, or adjacent to, 
 or in, any woods or forest in this state, 
 shall, before leaving such fire, totally ex- 
 tinguish the same, and upon failure to do 
 so, such person, or persons, shall be deemed 
 guilty of a misdemeanor, and on conviction 
 thereof shall be fined not less than twenty- 
 five dollars nor more than one hundred dol> 
 lars and the costs of the prosecution, and 
 upon default in paying said fine and costs, 
 shall be confined in the county jail not more 
 than ninety days unless said fine and costs, 
 be sooner paid. If any person, or persons, 
 negligently set on fire, any woods, fields or 
 lands within this state, so as thereby to oc- 
 
of West Virginia. 57 
 
 casion loss, damage or injury to any oth&r 
 person, he shall be guilty of a misdemeanor 
 and on conviction thereof, snail be fined not 
 less than fifty dollars nor more than five 
 hundred dollars, and in the discretion of 
 the justice or court trying the case, be im- 
 prisoned in the county jail not to exceed one 
 year, and upon default in payment of the 
 fine and costs, he shall be imprisoned in the 
 county jail not to exceed six months, and if 
 any person or persons wilfully^ set on fire 
 any woods, fields or lands within this state, 
 not his own so as to thereby occasion dam- 
 age or injury to any other person he shall 
 be guilty of a felony and on conviction 
 thereof shall be confined in the penitentiary 
 not less than one nor more than two years. 
 Sec. 54. Every railroad company shall, 
 on such part of its road as passes through 
 forest lands or lands subject to fires from 
 any cause, cut and remove from its right 
 of way along such lands, at least twice a 
 year, all grass, brush and other inflamma- 
 ble materials and employ in seasons of 
 drought and before vegetation has revived 
 in the spring, sufficient trackmen to prompt- 
 ly put out fires on its rights of way; pro- 
 vide locomotives thereon with netting of 
 steel or iron wire so constructed as to give 
 the best practicable protection against the 
 escape of fire and sparks from the smoke 
 stacks thereof and adequate devices to pre- 
 vent the escape of fire from ash pans and 
 
58 Forest, Game and Fish Laws 
 
 furnaces which shall be used on such loco- 
 motives. 
 
 No railroad company or employee thereof 
 shalf deposit fire coals or ashes on its track 
 or right of way near suoi lands. In case 
 of fire on its own or neighboring lands, the 
 railroad company shall use all practicable 
 means to put it out. Engineers, conductors 
 or trainmen discovering or knowing of fires 
 in fences or other material along or near 
 the right of way of the railroad in such 
 lands, shall report the same at the first sta- 
 tion to the station agent, and such station 
 agent shall forthwith notify the nearest fire 
 warden and use all necessary means to 
 extinguish the same. And any officer or em- 
 ployee of a railroad company violating any 
 provisions of this section shall be guilty of 
 a misdemeanor and upon conviction there- 
 of, shall be fined a sum not less than" twenty 
 nor more than two hundred dollars. 
 
 Sec. 55. The forest, game and fish war- 
 den in the name of the county in which any 
 forest fire has occurred, and which has been 
 extinguished or suppressed by his efforts, 
 shall recover from the person or persons, 
 firm or corporation, giving origin to such 
 fire the amount so expended in extinguish- 
 ing said fire and the costs thereof, and the 
 same shall not bar the rights of damage be- 
 tween the parties thereto. 
 
 Sec. 56. All acts and parts of acts in con- 
 flict with this act are hereby repealed. 
 
of West Vieginia. 59 
 
 THE LACEY BIRD LAW. 
 
 (Federal Law.) * 
 
 An act to enlarge the powers of the depart- 
 ment of agriculture, prohibit the transpor- 
 tation by interstate commerce of game 
 killed in violation of local laws and for 
 other purposes. 
 
 "Be it enacted by the Senate and House of 
 Representatives of the United States of 
 America in Congress assembled, That the 
 duties and powers of the department of agri- 
 culture are hereby enlarged so as to include 
 the preservation, distribution, introduction 
 and restoration of game birds and other wild 
 birds. The secretary of agriculture is here- 
 by authorized to adopt such measures as may 
 be necessary to carry out the purposes of 
 this act and to purchase such game birds 
 and other wild birds as may be required 
 therefor, subject, however, to the laws of 
 the various States and Territories. The ob- 
 iect and purpose of this act is to aid in the 
 restoration of such birds in those parts of 
 the United States adapted thereto where the 
 same have become scarce or extinct, and also 
 to regulate the introduction of. American or 
 foreign birds or animals in localities where 
 they have not heretofore existed. 
 
 The secretary of agriculture shall from 
 
60 Foeest, Game and Fish Laws 
 
 time to time collect and publish useful in- 
 formation as to the propagation, uses and 
 preservation of such birds. 
 
 And the secretary of agriculture shall 
 make and publish all needful rules and reg- 
 ulations for carrying out the purposes of 
 this act, and shall expend for said purposes 
 such sums as congress may appropriate 
 therefor. 
 
 Sec. 2. That it shall be unlawful for any 
 person or persons to import into the United 
 States any foreign wild animal or bird ex- 
 cept under the special permit from the 
 United States department of agriculture; 
 provided, that nothing in this section shall 
 restrict the importation of natural history 
 specimens for museums or scientific collec- 
 tions, or the importation of certain cage 
 birds, such as domesticated canaries, par* 
 rots or such other species as the secretary 
 of agriculture may designate. 
 
 The importation of the mongoose, the so- 
 called "flying foxes" or fruit bats, the Eng- 
 lish sparrow, the starling, or such other 
 birds or animals as the secretary of agri- 
 culture may from time to time declare in- 
 jurious to the interest of agriculture or hor- 
 ticulture, is hereby prohibited, and such 
 species upon arrival at any of the ports of 
 the United States shall be destroyed or re- 
 turned at the expense of the owner. The 
 secretary of the treasury is hereby author- 
 
of West Virginia. 61 
 
 ized to make regulations for carrying into 
 effect the provisions of this section. 
 
 Sec. 3. That it shall be unlawful for any 
 person or persons to deliver to any common 
 carrier or for any common carrier to trans- 
 port from one State or Territory, or from 
 the District of Columbia or Alaska to any 
 State or Territory to the District of Colum- 
 bia or Alaska, any foreign animals or birds 
 the importation of which is prohibited, or 
 the' dead bodies or parts thereof of any wild 
 animals or birds where such animals or 
 birds have been killed in violation of the 
 laws of the State, Territory or district in 
 which the same were killed; provided, that 
 nothing herein shall prevent the transporta- 
 tion of any dead birds or animals killed dur- 
 ing the season when the same may be law- 
 fully captured, and the export of which is 
 not prohibited by law in the State, Terri- 
 tory or district in which the same are killed. 
 
 Sec. 4. That all packages containing such 
 dead animals, birds, or parts thereof, when 
 shipped by interstate commerce, as provided 
 in section one of this act, shall be plainly 
 and clearly marked, so that the name and 
 address of the shipper and the nature of 
 the contents may be readily ascetained on 
 inspection of the outside of such packages. 
 For each evasion or violation of this act 
 the shipper shall, upon conviction, pay a 
 fine of not exceeding two hundred dollars-; 
 
02 Forest, Game and Fish Laws 
 
 and the consignee- knowingly receiving such 
 articles so shipped and transported in vio- 
 lation of this act shall, upon conviction, pay 
 a fine- not exceeding two hundred dollars 
 and the carrier knowingly carrying or trans- 
 porting the same shall, upon conviction, pay 
 a fine of not exceeding two hundred dollars. 
 Sec. 5. That all dead bodies, or parts 
 thereof, of any foreign game animals, or 
 game or song birds, the importation of which 
 is prohibited or the dead bodies or parts 
 thereof, of any wild game animals, or game 
 or song birds transported into any State 
 or Territory, or remaining therein for use, 
 consumption, sale or- storage therein, shall 
 upon arrival in such State or Territory be 
 subject to the operation and effect of the 
 laws of such State or Territory enacted in 
 the exercise of its police powers, to the 
 same extent and in the same manner as 
 though such animals and birds had been 
 produced in such State or Territory, and 
 shall not be exempt therefrom by reason of 
 being introduced therein in original pack- 
 ages or otherwise. This act shall not pre- 
 vent the importation, transportation, or sale 
 of birds or bird plumage manufactured from 
 the feathers of barnyard fowl. 
 Approved May 25, 1900. 
 
TV 
 
LIBRARY OF CONGRESS 
 
 002 876 263 P