>K 461 
 
 .913 
 'opy 1 
 
 cst virginia 
 
 gst, Game and 
 Fish Laws 
 
 AND 
 
 FEDERAL LAWS 
 
 1913 
 
 J. A. VIQUESNEY, Warden 
 
 BELINGTON 
 
 TPIBUNE PRINTING CO., CHARLESTON, W. VA. 
 
west virginia 
 
 Forest, Game and 
 Fish Laws 
 
 AND 
 
 FEDERAL LAWS 
 
 1913 
 
 J. A. VIQUESNEY.Warden 
 
 BELINGTON 
 
 TRIIUNE PRINTINO CO., CHARLMTON, W. VA. 
 

 APPENDIX 
 
 
 Lacy Bird Law. (Federal.) 
 
 Weeks-McLean Law. (Federal.) 
 
 Open Seasons under Weeks-McLean Law. 
 (Federal.) 
 
 General Information on Forest, Game and 
 Fish Laws. 
 
 T>, ftp a. 
 
 MAR 27 1914 
 
»■• 
 
 TABLE OF CONTENTS 
 
 1. Forest, game and fish warden; term of office; 
 
 compensation : report of mileage ; deputy 
 wardens, their compensation ; ex-officio dep- 
 uty wardens, their jurisdiction and com- 
 pensation. 
 
 2. To have charge of certain public matters and 
 
 powers therefor ; biennial report to gov- 
 ernor. 
 .;. 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. 
 o. Seizure of fish, game or birds. 
 (J. Bonds required from certain officers. 
 7. Depositing matter in stream deleterious to 
 
 propagation of fish ; penalty. 
 
 5. Stationery and postage ; how provided ; how 
 
 paid for. 
 9. May employ attorney to aid in prosecutions. 
 
 10. Powers to search persons, cars, etc. 
 
 11. Court of justice shall issue search warrant; 
 
 sale of goods seized ; disposition of proceeds 
 of sale. 
 
 12. Right to summon aid in making arrest; 
 
 penalty for refusal to act ; arrest on Sun- 
 day. 
 
 13. Report of deputy wardens ; ex-officio war- 
 
 dens ; justices ; when made. 
 
 14. Use of ferrets for catching rabbits ; penalty. 
 
 15. Penalty for false return as to moneys col- 
 
 lected. 
 
 16. Penalty for interference with wardens. 
 
 17. Title to wild game, etc., in state. 
 
 18. License to hunt; how procured; license fees; 
 
 to whom paid ; penalty for failure to pro- 
 duce license ; consent of guardian required 
 for minors ; penalties for violations of sec- 
 tion. 
 
Sec. 
 
 19. Protection of skunk ; penalty : prosecutions ; 
 
 power of justices ; presumption of guilt. 
 
 20. Penalty for transfer or sale of license. 
 
 21. Closed season; open season. 
 
 22. Game animals: what are considered. 
 
 23. When unlawful to have in possession ; when 
 
 lawful. 
 
 24. Deer ; when to kill ; shall not chase with 
 
 dogs : penalties for transportation of game 
 beyond limits of state. 
 2". Season for killing certain animals and birds; 
 number allowed killed; unlawful to trap, 
 snare, etc. ; penalty for violation of sec- 
 tion ; may capture for purpose of prop- 
 agation. 
 
 26. Unlawful to catch by seine, trap, etc. 
 
 27. Unlawful to hunt, kill or pursue on Sunday ; 
 
 penalty for violations. 
 
 28. Prosecutions to be in name of state ; fee al- 
 
 lowed prosecuting attorney. 
 
 29. Witnesses ; when incompetent. 
 
 •'!i». Moneys collected for violations; how disposed 
 of. 
 
 31. Requisition and extradition expenses. 
 
 32. What considered game birds. 
 
 33. Destruction of eggs and nests. 
 
 34. Shall not. transport. 
 
 35. Penalty for violations of sections 33, 34, 35. 
 
 36. Right to take birds, etc., for scientific pur- 
 
 poses. 
 •"»T. Certificate to collect birds, etc. ; to and bj 
 whom issued ; how secured ; fee to be paid ; 
 penalty for violations. 
 
 38. Certificate ; when expires ; not transferable. 
 
 39. Birds not protected. 
 
 40. Wild non-game birds as domestic pets. 
 
 41. Accidental shooting of human being or live 
 
 stock ; penalty for. 
 
 42. No open season for certain birds; penal i.\ 
 
 for violation of section. 
 -V.\. Pish; how to catch; where can seine; when: 
 registry of seines ; length of fish caught : 
 how to measure ; certain season in certain 
 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. 
 
Sec. 
 
 44. Lawful to destroy nets, traps, etc. ; unlawful 
 
 to have seines In possession ; penalty pro- 
 vided ; obstruction of water course ; con- 
 struction of ladder under supervision ; vio- 
 lation of provisions ; time limit construc- 
 tion of ladder or way. 
 
 45. Unlawful to employ for purpose of killing ; 
 
 serving by hotel ; penalty. 
 
 46. Use of dynamite, etc., penalty. 
 
 47. Unlawful to sell explosives for purpose of 
 
 killing ; penalty therefor. 
 
 48. Unlawful to build fires in connection with 
 
 whom ; penalty for violation ; owner et al 
 may arrest. 
 40. Unlawful to shoot across public road ; near 
 school house ; on lands of another ; near oc- 
 cupied dwelling house ; penalty. 
 
 50. Warden shall be ex-officio fire warden ; 
 
 deputies to extinguish fires ; means used ; 
 may hire volunteers ; forfeit for refusal to 
 serve ; report origin of fire ; amount ex- 
 pended putting out. 
 
 51. Deputy wardens; compensation of; services 
 
 at forest fires ; court to fix wage ; charge 
 against county ; statement of deputy to 
 county court. 
 
 52. Fires built in forest; failure to extinguish; 
 
 penalty for violation ; willful firing of 
 woods ; penalty. 
 
 53. Railroad right-of-way ; removal of inflamma- 
 
 ble 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 provisions by em- 
 ployee ; penalty. 
 
 54. Warden to recover damages ; no bar to right 
 
 of individuals to recover. 
 
 55. Maliciously setting fire to woods, fences, etc. ; 
 
 punishment ; liability for damages. 
 
 56. Unlawful setting fire to woods, etc. ; Punish- 
 
 ment ; liability for damages. 
 
 57. Elk ; no open season ; punishment for vio- 
 
 lation of section. 
 
FOREST, GAME AND FISH 
 LAWS 
 
 Sec. 1. Forest, Game and Fish Warden — 
 Appointment— Term of. office — Removal — 
 Compensation and mileage — Chief deputy 
 wardens — Appointment — Term of office — 
 Compensation and mileage — Deputy wardens 
 — Appointment — Term of office — Compensa- 
 tion — Ex officio deputy wardens — Compensa- 
 tion. 
 
 The governor shall between the first day 
 of June and the first day of July, one 
 
 thousand nine hundred and nine, appoint 
 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 
 years and until his successor has been ap- 
 pointed and qualified, unless 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 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 while actually 
 in the discharge of his official duties as such 
 warden. Provided, however, that the mileage 
 expenses of said warden shall be reported 
 quarterly under oath to the governor and ap- 
 proved 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, 
 imposed upon him by law. Said war- 
 den shall appoint two persons who are 
 citizens of this state and one of whom shall 
 reside in the 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 
 dollars a year, to be paid out of the treasury 
 quarterly after being duly audited, and shall 
 be allowed mileage of three cents a mile 
 while traveling by railroad or steamboat, and 
 ten cents a mile while traveling otherwise 
 than by railroad or steamboat for the dis- 
 tance traveled for the purpose 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 depu- 
 ties shall be reported quarterly under oath to 
 the warden and approved by him, and for- 
 
8 
 
 warded to the governor and approved by him; 
 provided, however, that said mileage in any 
 one year shall not exceed four hundred dol- 
 lars to each chief deputy warden. The war- 
 den 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 counties of this 
 state shall be ex-officio deputy wardens there- 
 in, and the chiefs of police of the cities, towns 
 and villages of this state shall also be ex- 
 officio deputy wardens therein and their juris- 
 diction shall extend no further than their re- 
 spective 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 
 deputy warden, and the other half of such fine 
 shall be paid to forest, game and fish warden, 
 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 services 
 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 tne Code of 1899 and section 1159 
 of the Code of 190G, shall not apply to any 
 warden. (Acts 1909, c. GO. Code Sec. 2759.) 
 
Sec. 2. Same — General duties — Biennial 
 reports — Examination of books and vouchers 
 by state auditor. 
 
 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, literatures 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, 
 hooks, papers and documents which shall, in 
 the discharge of his duties hereunder, come 
 into his possession and control, and the insti- 
 tution of all proper legal proceedings to en- 
 force the provisions of law, now in force, or 
 hereafter enacted, in reference 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 preceding biennial period, the 
 amount of ail moneys received by him and 
 from what sources, in detail, a complete in- 
 ventory of all game and other property seized 
 and sold and the amount 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. (Acts 1909, e. 60, Code 
 Sec. 2760.) 
 
10 
 
 Sec. 3. Chief deputy wardens and deputy 
 wardens— General powers and duties — Com- 
 promise or settlement of prosecutions — Pun- 
 ishment. 
 
 The chief deputy and deputy wardens 
 shall act and be under the direction and 
 supervision of said forest, game and fish 
 warden. Said chief deputy and deputy war- 
 dens sha"l 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 protection of forests and 
 protection, preservation of game, fish and 
 birds, ami shall be immediately responsible 
 to (he warden, and shall report all matters 
 under their jurisdiction whenever reeiuestcd 
 by him and receive instructions from him. It 
 si 1 all be unlawful for any deputy warden, 
 either appointed or ex-officio to settle, com- 
 promise or adjust any prosecution under this 
 chapter and to receive moneys from ouy 
 violator or alleged violator of any of the pro- 
 visions thereof, unless the same are moneys 
 received in the payment of fines imposed in 
 due process of law by a justice or court hav- 
 ing jurisdiction of the offense charged, and 
 if- any such deputy .. warden.. shal.1 receive any 
 moneys from any such violator or alleged 
 violator, either as such settlement and com- 
 promise or to prevent any prosecution there 
 for. such deputy warden shall be guilty of a 
 felony and upon conviction thereof, shall be 
 confined in the penitentiary not less than one 
 
11 
 
 nor more than five years. ( Acts 1909, c. 60. 
 Code Sec. 2761.) 
 
 Sec. 4. Arrests for violations of game, 
 fish or forest laws — Power to make — Neglect 
 to cause offenders to be apprehended — 
 Punishment. 
 
 The forest, game and fish warden and 
 appointed deputy wardens shall have full 
 power to execute and serve any warrant or 
 process of law, issued by any justice of the 
 peace or by any court having jurisdiction un- 
 der the law, relating to game, fish, birds and 
 forests in the same manner as any constable 
 or sheriff might serve or execute such pro- 
 cess, and may arrest on sight without a war- 
 rant, any person or persons, detected by them 
 actually violating any of the provisions of the 
 laws of this state relating to tne game, fish, 
 birds and forests, and may take such person 
 or persons, so offending, before any court, or 
 justice of the peace, having jurisdiction of 
 the offense and make proper complaint be- 
 fore such court, or justice, which shall pro- 
 ceed with the case in the manner as provided 
 by law. Any such appointed warden, who on 
 receiving information from a reliable person- 
 of the violation of the game, fish, or foresi 
 laws, neglects or refuses to thoroughly in- 
 vestigate such alleged violation, and appre- 
 hend or attempt to apprehend the offender 
 shall be guilty of a misdemeanor and upon 
 conviction thereof, shall be fined not less than 
 
12 
 
 ten dollars nor more than fifty dollars for 
 each offense. (Acts 1909, c. GO. Code Sec. 
 27G2.) 
 
 Sec. 5. Seizure of fish, game or birds. 
 
 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 posses- 
 sion contrary to law. (Acts 1909, c. 60. Code 
 Sec. 2763.) 
 
 Sec. 6. Bonds of warden and chief deputy 
 wardens. 
 
 The forest, game and fish warden and 
 the chief deputy wardens shall each, be- 
 fore entering upon the discharge of their re~ 
 spective duties, execute a bond, the warden 
 in the penalty oi three thousand dollars and 
 the chief deputies in the penalty of one thou- 
 sand dollars with security therein to be ap- 
 proved by the governor, and conditioned for 
 the faithful performance of their duties, and 
 to account for and pay over all moneys and 
 property coming into their hands due and 
 belonging to the state, which said bonds, 
 after having been approved by the governor, 
 shall be deposited with the auditor (Acts 
 1909, c. 60. Code Sec. 2767.) 
 
Sec. 7. Depositing matter in stream dele- 
 terious to propagation of fish— Penalty* 
 
 It shall be unlawful for any person, firm or 
 corporation, to throw in, or allow to enter, 
 any stream or water course, in this state, 
 saw-dust or any other matter deleterious to 
 the propagation of fish. Any person, firm or 
 corporation violating any of the provisions of 
 this section shall he guilty of a misdemeanor, 
 and fined not less than twenty-five dollars, 
 nor more than one hundred dollars for each 
 and every such offense. (Acts 1903, c. 47. 
 Code Sec. 2768.) 
 
 Sec. 8. Printing, blanks, stationery and 
 postage for warden. 
 
 The forest, game and fish warden shall 
 be allowed all necessary printing, printed 
 blanks, stationery and postage; but be- 
 fore he shall incur any expense for print- 
 ing he shall first make requisition there- 
 for upon the governor, who, in his dis- 
 cretion, approving the same, shall issue his 
 warrant to the warden for said printing, the 
 coot and expenses therefor to be paid out of 
 the treasury. (Acts 1909, c. 60. Code Sec. 
 2784.) 
 
 Sec. 9. Institution of proceedings for 
 violations of game, fish, bird and forest laws 
 — Employment of attorneys, when. 
 
 The forest, game and fish warden and 
 deputy wardens may make complaint and 
 
14 
 
 cause proceedings to be instituted against 
 any person, or persons, or corporations, 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 instituted; and 
 in all such cases they shall not be 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 vio- 
 lation 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 prrosecuting at- 
 torney of the county in which such proceed- 
 ings are had. And in such cases they may in 
 the event of the refusal or neglect of the 
 prosecuting attorney to act, employ an at- 
 torney of their 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 such case. 
 (Acts 1909, c. CO. Code Sec. 2785.) 
 
 Sec. 10. Searches and seizures — Powers 
 and duties of warden and deputy wardens. 
 
 The forest, game and fish warden and depu- 
 ty wardens shall have the power to search 
 any person and examine any boat, vehicle, 
 conveyance, express car, railroad car, fish 
 box, fish basket, game bag or game coat, or 
 any other receptacle in which game, birds or 
 fish could be placed, concealed or conveyed, 
 
if, 
 
 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 hindrance or interference, or 
 attempt to hinder or interfere, with such 
 search and examination, shall be prima facie 
 evidence of a violation 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 possession of any and all game. 
 fish, birds, and animals which have been 
 caught, taken or killed at any time, in any 
 manner or for any purpose, or had in pos- 
 session 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. (Acts 1909. 
 c. 60. Code Sec. 2786.) 
 
 Sec. 11. Same — Issuance of search war- 
 rants — Sale of property seized. 
 
 That any justice or court having juris- 
 diction of the offense upon receiving in- 
 formation 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 
 
16 
 
 search to be made in the manner provided by 
 law, in any place, and to that end may cause 
 any buildings, dwelling house, enclosure, or 
 car to be entered forcibly, if necessary, and 
 any apartment, chest, barlocker, 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 direction 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. (Acts 1909, c. 6D. 
 Code Sec. 2787.) 
 
 Sec. 12. Arrests, and searches and seiz- 
 ures.— Summoning aid. 
 
 Any of the officers herein, whose duty 
 it is to enforce the game, 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 
 executing 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 same as if summoned 
 by a sheriff. Such arrest may be made on a 
 Sunday, in which case the person, or per- 
 sons, arrested shall be taken before a justice, 
 Slaving jurisdiction, and proceeded against as 
 soon as may be on a week day following such 
 arrest. (Acts 1909, c. 60. Code Sec. 2788.) 
 
17 
 
 Sec. 13. Reports by deputy wardens, ex- 
 officio wardens, justices and Judges — Con- 
 tents. 
 
 The appointed deputy wardens shall on 
 the first of the months of February, June, 
 September and December of each year make 
 a report under oath to the forest, game and 
 fish warden which reports shall show in de- 
 tail the work done by them severally during 
 the three months next preceding. The forest, 
 game and fish warden shall furnish the depu- 
 ty wardens all necessary blank forms and 
 stationery for making said report. All such 
 reports shall show an account of the suits 
 commenced, the justice 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 all ex-officio wardens shall be lia- 
 
18 
 
 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 
 teen before this court any case under this 
 chapter, report to the state forest, game and 
 fish warden all moneys collected by him and 
 the status of all cases pending or started in 
 his court. (Acts 1909, c. 60. Code Sec. 2789.) 
 
 Sec. 14. Use of ferrets in catching rab- 
 bits — Penalty. 
 
 It shall be unlawful for any person 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. (As amended Acts 1897, c. 30. Code 
 Sec. 2790.) 
 
 Sec. 15. False returns of moneys col- 
 lected or disbursed — Punishment. 
 
 The forest, game and fish warden and 
 deputy wardens, or any other officer 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 
 
19 
 
 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. (Acts 1909, c. 60. 
 Code Sec. 2791.) 
 
 Sec. 16. Hindering, obstructing or inter- 
 fering with warden or deputy wardens — 
 Punishment. 
 
 Any person who hinders, obstructs or 
 interferes with, or attempts to hinder, ob- 
 struct or interfere with, the forest, game 
 and fish warden and deputy wardens in 
 the discharge of any of their respective 
 duties herein shall be deemed guilty of a 
 misdemeanor, and upon conviction thereot 
 shall be fined not less than twenty-five 
 dollars nor more than two hundred dollars, 
 together with the costs of the prosecution, 
 and in default of payment thereof shall be 
 confined in the county jail until said fines 
 and costs are paid; provided, however, that 
 such imprisonment shall not exceed ninety 
 days. (Acts 1909, c. CO. Code Sec. 2792.) 
 
 Sec. 17. Title to wild game, fish and birds 
 to be in state. 
 
 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. 
 
20 
 
 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 or dis- 
 position of the same. (Acts 1909, c. GO. 
 Code Sec. 2792al.) 
 
 Sec. 18. License to hunt — How procured 
 — License fees — To whom paid — Penalty for 
 failure to produce license — Penalties for vio- 
 lation of section — Consent of guardian re- 
 quired for minors. 
 
 No person, not a citizen and resident 
 of this state, shall at any time, hunt, 
 pursue, kill or catch any wild game ani- 
 mals or wild game birds in this state 
 without first having secured a license so 
 to do, and then only during the respective 
 periods when it shall be lawful to hunt such 
 game animals and game birds. Such license 
 shall be procured in the following manner, 
 to-wit; 
 
 The applicant shall go before the county 
 clerk of any count v within this state and fill 
 
21 
 
 out a blank application, stating his name, 
 age, occupation or profession, weight, height, 
 place of residence, color of hair, eyes and 
 complexion; the application shall be sub- 
 scribed in ink and sworn to by the applicant, 
 said applicant making oath that his state- 
 ments are correct and true to the best of his 
 knowledge and belief, before the county clerk 
 issuing said license; the applicant shall at 
 the same time pay to the county clerk the 
 sum of fifteen dollars as a license tax, and a 
 fee of fifty cents to said clerk for issuing such 
 license; provided, however, that any such 
 non-resident may fill out said application and 
 swear to the same before a notary public or 
 any other official of any foreign state whose 
 certificate is authorized to be accepted for 
 the recordation of deeds to be recorded with- 
 in this state, and which said official shall 
 affix his official seal to his certificate, and 
 said applicant shall then send the said appli- 
 cation to the county clerk of any county 
 within this state, together with the tax and 
 fee hereinbefore provided for, and such clerk 
 shall send said applicant such license. 
 
 Said license shall bear the seal of the 
 county court of the county in which it was 
 issued and shall be signed by the clerk. All 
 such license tax shall be paid by the county 
 clerk to the state treasurer on the first day 
 of each month for the next month preceding 
 and a report thereof be made to the forest, 
 game and fish warden. Such license shall 
 
22 
 
 entitle the person to whom it is issued to 
 hunt and kill game in any county in 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 entitled to hunt, pursue or kill game 
 in this state, without at the time of such 
 hunting, pursuing or killing of game he 
 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 of such officer or 
 person. All such licenses shall be good and 
 valid in the county where issued for the 
 period of one year next succeeding its issue. 
 Any person reqyired by law to have and 
 claiming to hold a license to hunt in this 
 state, having in his possession any gun or 
 other hunting paraphernalia in such woods 
 or fields, shall on failure to produce such li- 
 cense for inspection to any warden of this 
 state, or owner or agent of the owner of 
 such woods and fields, on demand, be deemed 
 guilty of a misdemeanor and shall be pun- 
 ished on conviction as provided later in thi3 
 section. 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 hunters' license as here- 
 inbefore provided for. Any person found 
 guilty of violating any of the provisions of 
 this section shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof, shall 
 
23 
 
 be fined not less than twenty-five nor more 
 than fifty dollars for each and every offense, 
 in addition to the costs of the prosecution, 
 and in addition thereto may be confined 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 to 
 pay any fine or costs, the person or persons 
 so convicted, shall be confined in the county 
 jail until such fine and costs are paid, but 
 such imprisonment shall not exceed twenty 
 days for any one offense. No hunters' li- 
 cense shall be issued to any minor under the 
 age of fifteen years, without the consent in 
 writing from the parent or guardian of such 
 minor, such consent to be filed with the 
 clerk of the county court issuing such license. 
 (As amended Acts 1911, c. 47. Code Sec. 
 2793.) 
 
 Sec. 19. Protection of skunk — Penalty — 
 Prosecution — Powers of Justices — Presump- 
 tion of guilt. 
 
 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 defense 
 of property, in any county of this state; pro- 
 vided, 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 hun- 
 dred or more voters of a county to the county 
 
24 
 
 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 
 to be printed upon the ballots used in such 
 election the words, "For the skunk law," and 
 "Against the skunk law," and if a majority 
 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 de- 
 sired 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 try- 
 ing the case, be confined in jail not more 
 than thirty days. Any justice of the peace, 
 for the county in which the offense was com- 
 mitted, shall have concurrent jurisdiction of 
 all offenses under this section. Any person 
 found with any recently killed skunk or 
 pole-cat skins in his possession shall be pre- 
 sumed to have killed the same. (As amended 
 Acts 1903, c. 44. Code Sec. 2803.) 
 
Sec. 20. Transfer or sale of hunting li- 
 censes — Punishment. 
 
 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 such li- 
 cense, shall be deemed guilty of a mis- 
 demeanor 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. (Acts 1909, c. GO. Code Sec. 
 2803al.) 
 
 Sec. 21. "Close season" and "close time" 
 — "Open season" and "open time." 
 
 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 or catch any fish, and the 
 words "open season," and "open time," shall 
 mean the open time or period during which 
 it shall be lawful to take these animals, birds 
 and fish, as specified and limited by law, 
 (Acts 1909, c. 60. Code Sec. 2803a2.) 
 
 Sec. 22. Game animals and birds — What 
 are. 
 
 For the purpose of this chapter the 
 following are considered game animals, to- 
 
26 
 
 wit: deer and squirrel. And the following 
 shall be considered game birds, to-wit: the 
 anatadae, commonly known as ducks, geese, 
 swan and brant; the raillidae, commonly 
 known as mud hens, rails, coots and gallin- 
 ules; the limicolae, commonly known as 
 shore birds plover, snipes, woodcock, tat- 
 tlers, curlews, ortolan, sandpiper; and gal- 
 linae commonly known as wild turkey, ruffed 
 grouse or pheasant, quail or bob white. (Acts 
 1900, e. 00. Code Sec. 2803a3.) 
 
 Sec. 23. Same — Buying, selling or having 
 in possession or transporting or receiving 
 for transportation certain animals, birds and 
 fiish — Exceptions — Punishment. 
 
 It shall be unlawful for any person to 
 buy, sell or have in possession any of 
 the animals, wild fowl or birds mentioned 
 in section twenty-two of this chapter, at 
 any time when the killing, trapping, 
 netting and snaring of such animals wild 
 fowl or birds shall be unlawful, or which 
 shall have been 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 pheasant, wood 
 cock, wild turkey, wild goose, swan, brant, 
 wild ducks of any kind, plover, snipe, sand 
 
27 
 
 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 
 te unlawful for any person or persons, thru 
 or corporation, or common carrier, to receive 
 for transportation, 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 
 any purpose, Provided, that it shall be law- 
 ful to have any such game animals, birds or 
 fishes in possession for a period not exceed- 
 ing twenty days after the open season there- 
 of is ended and the close season thereon has 
 begun. Any person, or persons, firm or cor- 
 poration, guilty of violating any of the pro- 
 visions of this section shall be deemed guilty 
 of a misdemeanor and on conviction thereof, 
 shall be fined not less than twenty-five dol- 
 lars 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 
 county jail until the same is paid, not to ex- 
 
28 
 
 ceed, however, the period of sixty days. The 
 selling, exposing for sale, having in. posses- 
 sion 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 consti- 
 tute a separate offense. (Acts 1909, c. 60. 
 Code Sec. 2803a4.) 
 
 Sec. 24. Hunting, etc., deer — Killing or 
 having in possession deer, etc., for transpor- 
 tation outside state — Punishment. 
 
 No person shall hunt, chase, kill or wound 
 any deer, from the first day of December until 
 the fifteenth day of October 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 persons, shall chase or hunt 
 deer with dogs in this state at any time. 
 No person shall at 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 pos- 
 session. No person shall at any time, kill or 
 have in his possession any deer, quail, pheas- 
 ant or ruffed grouse, wild turkey squirrel or 
 any part of the same, or game fishes, with 
 the intention of sending or transporting the 
 same or having the same sent or transported 
 beyond the limits of this state. Any person 
 violating any provision of this section shall 
 be guilty of a misdemeanor and on convic- 
 
29 
 
 tion thereof shall he fined not less than 
 twenty-five nor more than fifty dorars 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 
 person, or persons convicted may be confined 
 in the county jail not to exceed sixty days 
 for each and every offense; and upon default 
 of the payment of the fine and costs, shall 
 be confined in the county jail until the same 
 are paid, but not to exceed a period of sixty 
 days. (Acts 1909, c. '60. Code Sec. 2803a5.) 
 
 Sec. 25. Closed season for certain animals 
 and birds — Limitation on number of animals 
 and birds which may be killed in open season 
 — Use of seine, net, bait, trap, etc., to catch 
 certain birds — Penalties — Certificates per- 
 mitting collection of birds, etc. 
 
 It shall be unlawful for any person to 
 catch, kill or injure, or pursue with the 
 intent to catch, kill or injure, any ruffed 
 grouse or pheasant, or wild turkey between 
 
30 
 
 the first day of December and the fifteenth 
 day of October of the following year; or 
 any quail or Virginia partridge between 
 the first day of December and the first 
 day 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 turkeys 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; wood cock, plover, 
 rail, ortolan or sand piper between the twen- 
 tieth 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 turkey, 
 ruffed grouse or pheasant or quail. 
 
 Any person violating any of the provisions 
 of this section shall be guilty of a misdemean- 
 or and, upon conviction thereof, shall be fined 
 not less than twenty-five dollars 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 
 
31 
 
 period not exceeding thirty clays for each 
 offense; and in default of the payment of the 
 fine and costs, the person convicted be con- 
 fined in the county jail for a period not ex- 
 ceeding thirty days unless such fine and costs 
 te sooner paid. Provided, however, that the 
 forest game and fish warden or deputy war- 
 dens or otner 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 responsible person, 
 as provided by section thirty-eight of this 
 chapter. (Acts 1909, c. 60. Code Sec. 2803a7.) 
 
 Sec. 26. Use of seine, net, bait, trap, etc., 
 to catch certain birds. 
 
 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 
 turkey, ruffed grouse or pheasant or quail. 
 (Acts 1909, c.60. Code Sec. 2803a8.) 
 
 Sec. 27. Same — Punishment — Hunting, 
 etc., on Sunday — Punishment. 
 
 It shall be unlawful to hunt, catch, kill, or 
 injure or pursue with intent to hunt, catch, 
 kill or injure, any wild animals or birds, or 
 fish, on the first day of the week, commonly 
 known as Sunday. 
 
 Any person violating any of the provisions 
 
32 
 
 of this section or section twenty-six hereof 
 shall be deemed guilty of a misdemeanor and 
 upon conviction thereof shall he fined not less 
 than ten dollars nor more than twenty-five 
 dollars, and in default of the payment of fine 
 and costs, be committed to the county jail for 
 a peiiod of not more than thirty days, unless 
 said fine and costs are sooner paid. (Acts 
 1909, c. GO. Code Sec. 2803a9.) 
 
 Sec. 28. Prosecution for violations of this 
 chapter — To be in name of state — Jurisdic- 
 tion — Fee for prosecuting attorney. 
 
 All prosecutions under this chapter shall 
 be in the name of the State of West 
 Virginia, before any court or justice, hav- 
 ing jurisdiction, and the justice shall have 
 concurrent jurisdiction with the circuit and 
 other courts in all misdemeanors, and in 
 any case in which the prosecuting attorney 
 appears, a fee of ten dollars shall be al- 
 lowed him, to be taxed as a part of the costs 
 of the case, and collected off the defendant, 
 in case he is convicted. (Acts 1909, c. 60. 
 Code Sec. 2803al0.) 
 
 Sec. 29. Same — Witnesses — Privilege and 
 competency. 
 
 Every person called as a witness in any 
 case for the violation of any of the pro- 
 visions of this chapter, shall be compelled 
 to testify fully; but his testimony shall not 
 
33 
 
 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. (Acts 1909, c. 60. Code Sec. 
 2803all.) 
 
 Sec. 30. Same — Moneys collected — Dispo- 
 sition of. 
 
 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 collected 
 from convictions of the violations of any sec- 
 tion of this chapter, shall after the payment 
 of the amounts fixed by this chapter to the 
 proper deputy w r ardens and the costs as pro- 
 vided by law be paid into the state treasury 
 and credited to the "school fund" of the 
 state, as provided by the constitution ; all 
 other moneys due the state by virtue of any 
 of the provisions of this chapter shall be paid 
 into the state treasury and credited to the 
 "forest, game and fish protective fund." 
 (Acts 1909, c. 60. Code Sec. 2803al2.) 
 
34 
 
 Sec. 31. Same — Requisitions and extradi- 
 tion. 
 
 In all cases where any person has been 
 indicted for the violation of any of the pro- 
 visions of this chapter, and has escaped or 
 removed to another state, all costs of requisi- 
 tion 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 papers and ex- 
 penses cannot be secured from such person, 
 they shall be paid out of the "forest, game 
 and fish protective fund." (Acts 1909, c. CO. 
 Code Sec. 2803al3.) 
 
 Sec. 32. Killing, catching, having in pos- 
 session or selling or transporting certain 
 birds — Selling or having in possession plum- 
 age, etc., of certain birds — Game birds de- 
 fined. 
 
 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 purchase, 
 offer or expose for sale, transport for sale, 
 transport or ship within or without 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 or body of any 
 bird protected by this section shall be sold 
 
35 
 
 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-two of this 
 chapter only shall be considered game birds. 
 (Acts 1909, c. GO. Code Sec. 2803al4.) 
 
 Sec. 33. Taking, etc., nests or eggs of 
 certain birds — Exceptions. 
 
 No person shall, within the state of West 
 Virginia take or needlessly destroy or at- 
 tempt 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 pos- 
 session, except as permitted by this chapter. 
 (Acts 1909, c. 60. Code Sec. 2803al5.) 
 
 Sec. 34. Transportation of certain birds. 
 
 No person or persons or any corporation 
 acting as a common carrier, its officers, agents 
 or servants, shall ship, carry, take or trans- 
 port, either within or beyond the confines of 
 the state, any resident or migratory wild non- 
 game bird. (Acts 1909, c. CO. Code Sec. 
 2803al6.) 
 
 Sec. 35. Penalties for violations of sec- 
 tions 2803a14 — 2803a16. 
 
 Any person violating sections thirty-two, 
 thirty-three and thirty-four shall be guilty of 
 
36 
 
 a misdemeanor and upon conviction 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. (Acts 
 1909, c. 60. Code Sec. 2803al7. 
 
 Sec. 36. Taking birds, nests, or eggs for 
 scientific purposes. 
 
 Sections thirty-two, thirty-three and 
 thirty-four of this chapter shall not apply 
 to any person holding a certificate giving 
 the right to take birds, their nests, or 
 eggs for scientific purposes only as provided 
 for in section thirty-seven of this chapter. 
 (Acts 19t)9, c. 60. Code Sec. 2803al8.) 
 
 Sec. 37. Same — Certificates to collect — To 
 and by whom issued— Fee for — Taking birds, 
 etc., for other than scientific purposes — For- 
 feiture of certificate and punisnment. 
 
 Certificate may be granted by the forest, 
 game and fish warden to any properly 
 accredited person of the age of fifteen 
 years or upwards, permitting the holder 
 thereof to collect birds, their nests, or 
 eggs for scientific purposes only; the ap- 
 plicant for same must present to said 
 officer written testimonials from two well- 
 known ornithologists who must be resi- 
 dents of West Virginia, certifying to the good 
 character, and fitness of said applicant to be 
 
37 
 
 entrusted with such privilege; must pay said 
 officer one dollar to defray the necessary ex- 
 penses attending the granting of such cer- 
 tificate. 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 be- 
 come void and he shall be liable to a fine not 
 exceeding one hundred dollars or imprison- 
 ment not exceeding thirty days, or both, at 
 the discretion of the court. (Acts 19D9, c. 60. 
 Code Sec. 2803al9.) 
 
 Sec. 38. Same — Certificates to collect — 
 Expiration — Transfer. 
 
 The certificate authorized by section 
 thirty-seven of this chapter shall expire on 
 the thirty-first day of December of the year 
 issued, and shall not be transferable. (Acts 
 1909, c. 60. Code Sec. 2803a20.) 
 
 Sec. 39. Birds not potected by chapter. 
 
 The English or European house sparrow, 
 owls, hawks, eagles, crows and king fishers 
 are not included among the birds protected 
 by this chapter. (Acts 1909, c. GO. Code Sec. 
 2803a21.) 
 
 Sec 40. Wild non-game utrds as domestic 
 pets. 
 
 Nothing in this chapter shall prevent 
 a citizen of West Virginia from taking or 
 
38 
 
 
 keeping any wild non-game bird in a cage a3 
 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. 
 (Acts 1909, c. 60. Code Sec. 2803a22.) 
 
 Sec. 41. Negligently shooting or killing 
 human being or live stock while hunting — 
 Punishment. 
 
 Whoever, while engaged in hunting or 
 pursuing wild game or game birds, negli- 
 gently 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. (Acts 1909, c. 60. Code 
 Sec. 2803a23.) 
 
 Sec. 42. No open season for certain birds 
 — Killing, etc. — Punishment. 
 
 There shall be no open season on the 
 following named game birds: Hungarian 
 partridge, Reeve's pheasant, English pheas- 
 ant, Lady Amherst's pheasant, Chinese 
 pheasant, caporcailzie or any other foreign 
 game birds introduced into this state by 
 the wardens or any person or persons, or 
 associations. It shall be unlawful for any 
 person to catch, kill or injure any of the 
 species of game birds mentioned in this 
 
39 
 
 section. Any person violating any provision 
 of this section shall be deemed guilty of a 
 misdemeanor, and upon conviction, shall be 
 fined not less than twenty-five dollars nor 
 more than fifty dollars, and, in the discretion 
 of the court or justice trying the case be con- 
 fined 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 twen- 
 ty days, unless said fine and costs are sooner 
 paid. Each bird shall constitute a separate 
 offense. (Acts 19-09, c. 60. Code Sec. 2803a24.) 
 
 Sec. 43. Fish — Closed season—Manner of 
 taking — Restrictions on length of fish which 
 may be taken — Fishing in private waters — 
 Penalties. 
 
 It shall not be lawful 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, shooting or other devices (ex- 
 cept by hook and line) at any time; provided, 
 hGioever, 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 Novem- 
 ber 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 twa 
 inches from knot to knot. Nor shall it be 
 
40 
 
 lawful for any person to catch and have in 
 his possession any jack salmon, commonly 
 called 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 immediately with as 
 little injury as possible. And the measure- 
 ment 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 September 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) between the fifteenth day 
 of April and the fifteenth day of June of 
 each year; except that in the 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 
 
41 
 
 and line; except, it shall be lawful to catch 
 fish of the sucker variety known as suckers, 
 carp, mullet, and red horse, by gig, spear, 
 looping or in any other way at any time; it 
 shall be unlawful to kill bass or any other 
 game fish by spear, gig, shooting or skipping 
 or jumping. 
 
 It shall not be lawful for any person to 
 catch or destroy fish in any dam or pond the 
 property of any person, except with the con- 
 sent of the owner of such dam or pond, un- 
 less 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, except 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 catching any fish at any 
 time with nets or seins for the purpose of 
 propagation or stocking other waters, nor to 
 prevent any person from taking in any way 
 fish from his private clam, spring or pond at 
 any time. 
 
 Any person who shall knowingly wilfully 
 let the water out of any pond mentioned here- 
 in with the intent to take or injure fish there" 
 in, shall be guilty of a misdemeanor and shall 
 be punished, upon conviction, by imprison- 
 ment in the county jail not less than one 
 month nor more than six months, or by a fine 
 of not less than fifty nor more than two nun- 
 
42 
 
 dred dollars, or by both fine and imprison- 
 ment. 
 
 The owners or those in control of lands or 
 rights in land, in or bordering upon any pond 
 designated in this act, shall have erected and 
 maintained in a conspicuous place along these 
 ponds when they are un-enclosed, a sign at 
 least a foot square and which shall have 
 thereon the name of the party in control and 
 the words "Trespassers warned off under pen- 
 alties of the law." Any person who shall 
 wilfully and wrongfully tear down, deface or 
 injure the boards provided for in this section 
 shall be guilty of a misdemeanor and liable to 
 a penalty as hereinafter provided. 
 
 Any person violating any provision of this 
 section, except as otherwise herein provided, 
 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. (Acts 1909, c. GO. Code Sec. 2803a25.) 
 
 Sec. 44. Nets, traps, etc., for taking fish — 
 Destruction— Use of seines — Possession of 
 seines as prima facie evidence — Punishment 
 —Building, etc., dams to obstruct passage of 
 fish — Punishment- — Investigation of violation 
 of section. 
 
 It shall be lawful for any person at any 
 time, to remove or destroy any nets, traps 
 
43 
 
 or other devices placed in any creeks, runs 
 or rivers within this state, except regis- 
 tered seines in the Ohio River, as provided 
 for in this chapter, and the person or per- 
 sons claiming ownership or possession of 
 such nets, seines or other devices shall have 
 no recourse at law against the party destroy- 
 ing the same. 
 
 It shall be unlawful for any person or per- 
 sons 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 pro- 
 visions 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 jus- 
 tice or court), and pay a fine of not less than 
 ten dollars nor more than fifty dol.ars ; 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 man- 
 ner prevent or obstruct the free and easy 
 
44 
 
 passage of fish lip or down such river, creek 
 or other water course without placing, build- 
 ing 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 upon plans and in a man- 
 ner and at a place satisfactory to 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 person, firm or corporation now main- 
 taining 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. 
 (Acts 1909, c. GO. Code Sec. 2803a26.) 
 
 Sec. 45. Employment of persons to unlaw- 
 fully take, etc., game, birds, or fish — Serving 
 game, birds, etc., at hotels, etc. — Punish- 
 ment. 
 
 It shall be unlawful for any person, 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 induce or persuade 
 any other person, firm or corporation to kill, 
 catch or deliver to such first named or any 
 other person, firm or corporation, any deer, 
 wild turkey, quail, pheasant or ruffed grouse, 
 or any other wild game or wild birds, or 
 trout, bass, salmon or any other game fish, 
 the sale of which game or fish is prohibited 
 by this chapter, and the serving of any such 
 tirds, game or fish killed or caught in this 
 state by any hotel restaurant or other li- 
 censed 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 person, 
 firm or corporation to kill, catch or deliver 
 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 misdemeanor 
 and upon conviction thereof shall be fined 
 not less than ten nor more than fifty dollars 
 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 separate of- 
 fense. (Acts 1909, r. 60. Code Sec. 2803a27.) 
 
46 
 
 Sec. 46. Use of explosives, drugs, or elec- 
 tricity to take fish — Prima facie evidence — 
 Punishment. 
 
 It shall be unlawful for any person to 
 kill or attempt to kill any fish by use of 
 dynamite or any other explosive mixture, 
 or by the use of poisonous drug substance, 
 bait or food, or by the use of electricity, 
 lime or other thing of like nature. 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 there- 
 of shall be confined in the penitentiary 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. (Acts 1909, c. 6<>. 
 Code Sec. 2803a28.) 
 
 Sec. 47. Sale or gift of explosives, etc., to 
 take fish — Punishment. 
 
 It shall be unlawful for any person, firm 
 or corporation to sell, give or furnish, 
 directly or indirectly any dynamite or 
 any other explosive or killing mixture or 
 any poisonous drug, bait or food to any 
 person, when such person, firm or cor- 
 poration knows or has reason to believe that 
 such dynamite or other explosive or killing 
 
47 
 
 mixture or poisonous drug, bait or food are 
 intended to be used for the purpose of killing 
 fish. Any person, firm or corporation violat- 
 ing this section shall be guilty of a misde- 
 meanor and upon conviction thereof, shall for 
 each offense, be fined not less than twenty-five 
 nor more than one hundred dollars, and may 
 at the discretion of the court be confined in 
 the county jail not exceeding thirty days. 
 (Acts 1909, c. GO. Code Sec. 2803a29.) 
 
 Sec. 48. Shooting, hunting, fishing, fowl- 
 ing, camping, peeling trees, cutting timber, 
 building fires, etc., on enclosed or improved 
 lands of another without permission — Pun- 
 ishment — Arrest of violators. 
 
 It shall be unlawful for any person to 
 shoot, hunt, fish or fowl upon the enclosed 
 or improved lands of another person, or 
 to camp, peel trees, cut trees or timber, 
 build fires or do any other act or thing 
 therein in connection with or auxiliary to 
 shooting, hunting, fishing or fowling on 
 the lands of another person without per- 
 mission in writing from the owner, lessee 
 or other person entitled to the possession 
 of such lands, or the tenant or agents of 
 such owner, lessee or person entitled to the 
 possession thereof, duly authorized to give 
 such written permission, and every person 
 hunting fishing, shooting or fowling upon 
 such lands shall have such written permis- 
 sion with him when so doing, 
 
48 
 
 Any person violating any of the provisions 
 of this section shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof 
 shall be fined not less than ten dollars nor 
 more than fifty dollars, and may in the dis- 
 cretion 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 con- 
 fined 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 such person found vio- 
 lating this section and immediately take him 
 before a justice of the peace for trial, and 
 such owner, lessee, person or agent, are here- 
 by 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 deputies to see that this section is en- 
 forced; if requested so to do by such owner, 
 lessee, person or agent but not otherwise. 
 (As amended Acts 1911. c. 47. Code Sec. 
 2803a3(U 
 
49 
 
 Sec. 49. Shooting across public road, or 
 near schoolhouse, or on lands of another ap 
 purtenant to or near occupied dwelling— 
 Punishment. 
 
 It shall be unlawful for any person 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 house, 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 occupied 
 dwelling house. Any person violating this 
 I ion shall be guilty of a misdemeanor and 
 upon conviction thereof shall be fined not 
 less than ten dollars nor more than fifty dol- 
 lars, or at the discretion of the court or jus- 
 tice, imprisoned not more than thirty days. 
 (Acts 1909, c. 60. Code Sec. 2803a31.) 
 
 Sec. 50. Forest fires — Fire warden— Depu- 
 ty fire wardens — Powers and duties — Hiring 
 volunteers or summoning assistance to ex- 
 tinguish fires. 
 
 The forest, game and fish warden shall 
 be ex-officio fire warden of the state of 
 West Virginia, and all deputy wardens 
 shall also be deputy fire wardens for their 
 respective counties in which each may re- 
 side. In case of fire in or threatening to 
 forest or woodland, the deputy fire wardens 
 
50 
 
 of the comity, wherein such Are is. shall upon 
 receiving notice thereof, forthwith attend ami 
 • use all necessary means to confine and ex- 
 tinguish the same. He may destroy fences 
 1 lough 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 sum- 
 moned, who is physically able and refuses to 
 assist, shall forfeit the sum of ten dollars as 
 a penalty therefor. An action 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 ar> ;i 
 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. (Acts 1909. c. GO. Code Sec. 2803a32.) 
 
 Sec. 51. Same — Deputy fire wardens — 
 Compensation. 
 
 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 
 
51 
 
 I ective counties, and servo notice thereof 
 on the warden and the deputy wardens, resi- 
 cf< at in such county. All services rendered 
 at foresl fires shall be a charge against the 
 county, and each deputy warden shall render 
 within twenty days after such lire 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 as- 
 sisted him thereat, 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 correctness 
 thereof, (Acts 1909, c. Co. Code Sec. 2803"a33\) 
 
 Sec. 52. Same — Negligent building or use 
 of or failure to extinguish — Punishment. 
 
 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 extinguish the same, 
 and upon failure to do so, such person, or 
 persons, shall be deemed guilty of a misde- 
 meanor, and on conviction thereof shall be 
 fined not less than twenty-five dollars nor 
 more than one hundred dollars and the costs 
 of the prosecution and upon default in pay- 
 ing said fine and costs, shall be confined in 
 
52 
 
 the county jail not more than ninety days 
 unless said fine and costs be sooner paid, II 
 any person, or persons, negligently set on 
 fire, any woods, fields or lands within this 
 state, so as thereby to occasion loss, damage 
 or injury to any other person, he shall be 
 guilty of a misdeamenor, and on conviction 
 thereof, shall 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 imprisoned 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 wil- 
 fully set on fire any woods, fields or lands 
 within this state, not his own, so as to there- 
 by occasion damage 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. (Acts 1909 c. GO. Code Sec. 
 2803a34.) 
 
 Sec. 53. Removal of inflammable material 
 from railroad rights of way — Spark extin- 
 guishers on engines — Prevention of escape 
 of fire from engine ash pans and furnaces- 
 Punishment for violation of section. 
 
 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 
 
53 
 
 way along such lands, at least twice a 
 year, all grass, brush and other inflam- 
 mable materials, and employ in seasons 
 of drought and before vegetation has re- 
 vived in the spring, sufficient trackmen to 
 promptly put out fires on its rights of way; 
 provide 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 
 furnaces which shall be used on such loco- 
 motives. 
 
 No railroad company or employee thereof 
 shall deposit fire coals or ashes on its track 
 or right of way near such lands. In case of 
 fire on its own or neighboring lands, the rail- 
 road company shall use all practicable means 
 to put it out. Engineers, conductors or train- 
 men discovering or knowing of fires in fences 
 or other material along or near the right of 
 way of the railroad in such lands shall re- 
 port the same at the first station to the sta- 
 tion agent, and such station agent shall forth- 
 with notify the nearest fire warden and use 
 all necessary means to extinguish the same. 
 And any officer or employee of a railroad 
 company violating any provisions of this sec- 
 tion shall be guilty of a misdemeanor, and 
 upon conviction thereof, shall be fined a sum 
 not less than twenty nor more than two him 
 
54 
 
 died dollars., ( Acts 1909, c. GO. Code Sec. 
 2803a35.), 
 
 Sec. 54. Forest fires — Recovery of expense 
 of extinguishment — Recovery of damages. 
 
 The forest, game and fish warden in the 
 name of the county in which any forest fire 
 has occurred, and) which has been extin- 
 guished or suppressed by his efforts, shall re- 
 cover from the person or persons, firm or cor- 
 poration, giving origin to such fire, the 
 amount so expended in extinguishing said 
 fire and the costs thereof, and the same shall 
 nol bar the rights of damage between the 
 i arties thereto. (Acts 1909, c. CO. Code Sec. 
 2803a3G.) 
 
 Sec. 55. Maliciously setting fire to woods, 
 fences, etc. — Punishment — Liability for dam- 
 ages. 
 
 If any person unlawfully and maliciously 
 set fire to any woods, fence, grass, straw 
 or other thing capable of spreading fire 
 on lands, he shall be fined not exceeding one 
 hundred dollars, and confined in jail not less 
 than two nor more than twelve months, and 
 shall moreover be liable to any person in- 
 jured thereby, <>r m consequence thereof, for 
 double the amount of damages sustained b 
 such person. (Acts 1882, c. 148. Code Sec. 
 4242.) 
 
55 
 
 Sec. 56. Unlawful setting fire to woods, 
 fences, etc. — Punishment— Liability for dam- 
 ages. 
 
 If any of the acts mentioned in the next 
 preceding section be done unlawfully but 
 not wilfully or maliciously, the person 
 guilty thereof shall be fined not exceeding 
 fifty dollars, and shall moreover be liable to 
 any person injured thereby, or in consequence 
 thereof, for all such damages as may be sus- 
 tained by such person. (Acts 1882, c. 148. 
 Code Sec. 4243.) 
 
 Sec. 57. Elk — No open season — Punish- 
 ment for violations of section. 
 
 No person shall hunt, chase, wound or 
 kin any elk in this state at any time for 
 a period of fifteen years from and after 
 the passage of this Act, provided that the 
 owner of any elk, which shall be kept in 
 any park or field, sufficiently enclosed to 
 reasonably prevent their escape thereform. 
 shall have the right to kill any elk of his 
 own; provided further that such owner 
 may pursue, recapture or kill any of his 
 elk that may escape from his enclosure. 
 
 Any person violating any provision of this 
 acl shall be guilty of a felony, and on convic- 
 tion thereof shall be confined in the peniten- 
 tiary not less than six months nor more than 
 five years. (Acts 1913r Passed February 21, 
 3.913.) . 
 
APPENDIX 
 
 FEDERAL LAW 
 
 (La- ( y Act.) 
 
 (From the Criminal Code of the United 
 States.) 
 
 Sec. 241. The importation into the United 
 States, or any Territory or District thereof, 
 of the mongoose, the so-called "flying foxes" 
 or fruit bats, the English sparrow, the star- 
 ling, and such other birds and animals as the 
 Secretary of Agriculture may from time to 
 time declare to be injurious to the interests 
 of agriculture or horticulture, is hereby pro- 
 hibited; and all such birds and animals shall 
 upon arrival at any port of the United States- 
 be destroyed or returned at the expense of the 
 owner. No person shall import into the 
 United States or into any Territory or Dis- 
 trict thereof, any foreign wild animal or bird, 
 except under special permit from the Secre- 
 tary of Agriculture: Provided, That nothing 
 in this section shall restrict the importation 
 of natural history specimens for museums or 
 scientific collections, or of certain cage birds, 
 such as domesticated canaries, parrots, or 
 
57 
 
 such other birds as the Secretary of Agricul- 
 ture may designate. The Secretary of the 
 Treasury is hereby authorized to make regu- 
 lations for carrying into effect the provisions 
 of this section. 
 
 Sec. 242. It sliall be unlawful for any per- 
 son to deliver to any common carrier for 
 transportation, or for any common carrier to 
 transport from any State, Territory or Dis- 
 trict of the United States, to any other State. 
 Territory, or District thereof any foreign 
 animals or birds, the importation of which is 
 prohibited, or the dead bodies or parts there- 
 of of any wild animals or birds, where such 
 animals or birds have been killed or shipped 
 in violation of the laws of the State, Terri- 
 tory, or District in which the same were 
 killed, or from which they were shipped: 
 Provided, That nothing herein shall prevent 
 the transportation of any dead birds or ani- 
 mals killed during the season when the same 
 may be lawfully captured, and the export of 
 which is not prohibited by law in the State, 
 Territory, or District in which the same are 
 captured or killed: Provided further. That 
 nothing herein shall prevent the importa- 
 tion, transportation, or sale of birds or bird 
 plumage manufactured from the feathers of 
 barnyard fowls. 
 
 Sec. 243. All packages containing the 
 dead bodies, or the plumage or parts there- 
 of, of game animals, or game or other wild 
 birds, when shipped in interstate or foreign 
 
58 
 
 commerce, shall be plainly ami clearly 
 marked, so ihat the name and address of 
 the shipper, and the nature of the contents, 
 may be readily ascertained on an inspection 
 of the outside of such package. 
 
 Sec. 244. For each evasion or violation 
 of any provision of the three sections last 
 preceding, the shipper shall be fined not 
 more than two hundred dollars; the con- 
 signee knowingly receiving such articles 
 so shipped and transported in violation of 
 said sections shall be fined not more than 
 two hundred dollars; and the carrier know- 
 ingly carrying or transporting the same in 
 violation of said sections shall be fined not 
 more than two hundred dollars. 
 
Federal Law for the Protection 
 of Migratory Birds. 
 
 (Weeks-McLean Lav/.) 
 
 (Extract from an Act making appropria- 
 tions for the Department of Agriculture for 
 the fiscal year ending June thirtieth, nine- 
 teen hundred and fourteen.) 
 
 Be it enacted by the Senate and House of 
 Representatives of the United. States of 
 America in Congress assembled, All wild 
 geese, wild swans, brant wild ducks, snipe, 
 plover, woodcock, rail, wild pigeons, and all 
 other migratory game and insectivorous 
 birds which in their northern and southern 
 migrations pass through or do not remain 
 permanently the entire year within the bor- 
 ders of any State or Territory, shall here- 
 after be deemed to be within the custody and 
 protection of the Government of the United 
 States, and shall not be destroyed or taken 
 contrary to regulations hereinafter provided 
 therefor. 
 
 The Department of Agriculture is hereby 
 authorized and directed to adopt suitable 
 regulations to give effect to the previous 
 paragraph by prescribing and fixing closed 
 seasons, having due regard to the zones of 
 temperature, breeding habits, and times and 
 
60 
 
 line of migratory flight, thereby enabling the 
 department to select and designate suitable 
 districts for different portions of the coun- 
 try, and it shall be unlawful to shoot or by 
 any device kill or seize and capture migra- 
 tory birds within the protection of this law 
 during said closed seasons and any person 
 who shall violate any of the provisions or 
 regulations of this law for the protection of 
 migratory birds shall be guilty of a misde- 
 meanor and shall be fined not more than 
 $100 or imprisoned not more than ninety 
 days, or botn, in the discretion of the court. 
 The Department of Agriculture, after the 
 preparation of said regulations, shall cause 
 the same to be made public, and shall allow 
 a period of three months in which said regu- 
 lations may be examined and considered be- 
 fore final adoption, permitting, when deemed 
 proper, public hearings thereon, and after 
 final adoption shall cause the same to be en- 
 grossed and submitted to the President f 
 the United States for approval: Provided, 
 however, That nothing herein contained 
 shall be deemed to affect or interfere with 
 the local laws of the States and Territories 
 for the protection of nonmigratory game or 
 other birds resident and] breeding within 
 their borders, nor to prevent the States and 
 Territories from enacting laws and regula- 
 tions to promote and render efficient the 
 regulations of the Department of Agricul- 
 ture provided under this statute. 
 
61 
 
 There is hereby appropriated, out of any 
 moneys in the Treasury not otherwise ap- 
 propriated for the purpose of carrying out 
 these provisions, the sum of $10,000. 
 
 Approved, March 4, 1913. 
 
 Federal Protection of certain Migratory 
 Eirds in West Virginia as adopted by the 
 U. S. Department of Agriculture under the 
 Weeks-McLean Law. 
 
 OPEN SEASONS. 
 Effective October 1, 1913. 
 
 Woodcock July 15 to December 20 
 
 Black-breasted and Golden 
 
 Plover July 15 to December 16. 
 
 Yellow Legs, Wilson or 
 
 .j^ks3Mpe„ . v . .October 15 to December 1(5. 
 
 Rap>- £■;-, ■ '■ ■ H July 45j to December 1 . 
 
 DA#tfc- • f -Sept. 1 to January 16. 
 
 Goose :'. rfsSept. 1 to January n>. 
 
 Wood duck — Closed season until Sept. ' 171918. 
 
 All hunting prohibited on Sunday. 
 
 All hunting of migratory birds between 
 sunset and sunrise prohibited. 
 
 INFORMATION ON FOREST, GAME AND 
 FISH LAWS. 
 
 When, bow and where you may Hunt and 
 Fish. 
 
 OPEN SEASON. 
 GAME 
 DEER — (with horns over four inches 
 long) Oct. 15th to Dec. 1st. SQUIRREL— 
 
62 
 
 (Gray. Black, Red, Fox) Sept. 1st, to Dec. 
 1st. RABBIT and all fur bearing animals, 
 no closed season. SKUNK — is protected in 
 counties where protection has been approved 
 by majority of voters. It is unlawful to pur- 
 sue deer with dogs at any time. ELK — No 
 Open Season. 
 
 BIRDS. 
 
 QUAIL — (Virginia Partridge) Nov. 1st, to 
 Dec. 1st. RUFFED GROUSE— (Pheasant) 
 Wild Turkey, Oct. 15th, to Dec. 1st. PLOVER, 
 SAND PIPER, WOOD COCK, REED BIRD, 
 RAIL, (Ortolan) July 15th, to Dec. 20th. 
 SNIPE— Oct. 15th, to March 1st. DUCK— 
 (except wood duck) GOOSE, BRANT, Sept. 
 1st to April 2Dth. Foreign game birds, wood 
 duck, no open season. English Sparrows, 
 Owls, Hawks, Eagles, Crows and King Fish- 
 ers, may be killed at any time; all other non- 
 game birds are protected at all times. 
 
 BAG LIMITS— 12 quail, G ruffed grouse, 2 
 wild turkeys in a day, or 9G quail, 25 ruffed 
 grouse, G wild turkeys in a season. 
 
 FISH. 
 
 JACK SALMON (commonly called Jack 
 lish or white salmon) June 15th, to April 
 15th. TROUT or landlock salmon, April 1st 
 to Sept 1st. Black, green, willow and rock 
 bass, pike or pickerel, June 15th, to April 
 15th in Brooke, Hancock and Ohio counties, 
 
63 
 
 the open season on the last named fish is 
 from May 29th to April 15th. 
 
 UNLAWFUL 
 
 To hunt or fish on Sunday; to hunt or fish 
 on the enclosed or improved lands of an- 
 other, without written permission; to sell or 
 buy, or transport out of the State, or serve 
 at hotel or restaurant — protected birds, game 
 or fish; to maintain a dam or other thing 
 which obstructs the easy passage of fish up 
 or down the stream, without a suitable fish- 
 way; to allow to enter any stream of water, 
 saw-dust or other matter deleterious to fish; 
 to catch fish, kill birds or game out of sea- 
 son; to use seines, except in the Ohio river, 
 when properly registered; to kill or catch 
 game fish, except with rod, hook and line, oi- 
 ly trot line; to set out forest fires; to catch 
 fish under size, as prescribed by law; to 
 catch by seine, net, bait, trap or snare, or 
 any kind of device — wild turkey, ruffed 
 grouse or quail; to shoot or discharge fire 
 arms across any public road, or within 400 
 feet of any school house, or on the lands of 
 another — within 600 feet of an occupied 
 dwelling house; to hunt without a license, 
 unless you are a citizen of West Virginia. 
 To carelessly wound or kill any human be- 
 ing, or any live stock constitutes an offense 
 punishable by a fine not to exceed one thou- 
 sand dollars, and a jail sentence of one 
 year. 
 
64 
 
 FELONY. 
 
 To use any dynamite, or other explosive 
 mixtures for the purpose of killing fish. To 
 hunt, chase, wound or kill any elk in this 
 state prior to February 21, 1928. 
 
 ERRATA 
 
 Since the publication of this book thefollow- 
 m chafes have been made in the Federal 
 Migratory Bird Law. 
 
 OPE2J SEASONS 
 eetive October 1, 1913 
 Brant, ducks and geese Go : >t. 1 to Dec. 16 
 Rails, coots and gallinules Sept. 1 to Dec 1 
 
 Woodcock | W w n t 
 
 r,, , , ~ t>ct. 1 to Dec. 1 
 
 ■Black-breasted and golden 
 Plover, jacksnipe or Wilson 
 snipe, greater and lesser yel- 
 
 J°Z 1 ^ ^;t. 1 to Dec. 16 
 
 Wood duck-Closedseason until Sept. 1, W8 
 All hunting- pro! on Sunday. 
 
 Ail hunting- of migratory birds between sun. 
 set and sunrise prohibited. 
 
LIBRARY OF CONGRESS 
 
 002 911 074 8