73 pursuit, hunting, catching, capturing and killing of, or enacted 74 in relation to, the fish, the frogs, the wild animals, the wild birds, 75 and the wild fowl of the state; and do and perform all acts and 76 things expressly provided or implied to be done by the commis77 sion under the provisions of this act or by law.

78 (g) The commission shall keep records of all its acts and 79 doings in relation to its duties and it shall preserve the same at 80 its office, and shall make report to the governor on not later 81 than the 10th day of December of each year, or oftener if re82 quired by the governor, of the conduct of its affairs during said 83 current year, including a statement of receipts and disburse84 ments and such recommendations as the commission may desire. 85 to make in relation to the maters within its duties and purposes. 86 The commission shall choose yearly at the first meeting held after 87 the thirty-first day of May, a chairman who shall be such for one 88 year from the said thirty-first day of May of each year, or until 89 his successor shall be elected and qualified in his stead. 90 (h) The commission shall keep its records and books in the 91 manner to be prescribed by the public accounting department of [H. B. No. 266 92 the state, and shall submit the same to said accounting depart93 ment for inspection at such time as said accounting department 94 may require.

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95 (i) The commissioners shall each give bond in the sum of two 96 thousand dollars, and in case surety companies execute the same. 97 the premiums therefor shall be paid out of the funds of the 98 commission, for the faithful performance and discharge of their 99 duties as commissioners, and the commissioners, state game 100 warden and the game protectors shall each sign and execute a 101 written oath of office in form to be prescribed by the attorney 102 general of this state before entering upon the performance of 103 their duties. The written oath of office may be given to the 104 state game warden and game protectors by any commissioner or 105 any other person authorized by law to give an oath, and all said. 106 written obligations shall be returned to and filed with the com107 mission.

Sec. 2. (a) The state game warden and the game protectors 2 and all other officers of the state of West Virginia, while engaged 3 in the enforcement of the provisions of this act, shall be under the 4 supervision and direction of the commission. The state game

5 warden and the game protectors shall have full power and authority H. B. No. 266]

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6 to execute and serve any warrant, notice or any process of law 7 issued under this act or any law enacted relating to the game, the 8 fish, the frogs, the wild birds and wild fowl, and the game animals 9 and forests, issued by any justice of the peace or by any court having 10 jurisdiction thereof, in the same manner and with the same power 11 aud authority and to and with the same legal effect as any con12 stable or sheriff can serve or execute such warrant, notice or pro13 cess; may arrest on sight, without a warrant or other court process, 14 any person or persons detected by them in the violation of any of 15 the provisions of this act or of any law of this state relating to the 16 game, the fish, frogs, wild birds and fowl and the game animals 17 and the forests; and said state game warden and game protectors 18 under the supervision, and direction of said commission, shall 19 do all things necessary or property to carry into effect the pro20 visions of this act.

21 (b) The sheriffs, deputy sheriffs and constables in the several 22 counties of the state shall be, within their respective jurisdiction, 23 game protectors, and in like manner the police officers of any city 24 shall be, within their jurisdiction, game protectors, each vested, 25 within his respective jurisdiction, with all the powers and authori26 ty of game protectors, but no oath shall be required of said [H. B. No. 266

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27 sheriffs, deputy sheriffs, constables or police officers, and each 28 shall, when making any arrest or executing other court process 29 under the provisions of this chapter, make report of the same 30 to the commission.

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(c) Any such officer shall, upon the arrest of any person while 32 violating any of the provisions of this act, have authority to 33 seize and hold, subject to the prosecution of the accused, any game, 34 fish or frog found on the accused and the result of such violation, 35 and any hunting paraphernalia or fishing paraphernalia used by 36 the accused while so engaged in such violation, and the game, 37 fish or frogs may be delivered to the nearest hospital for consump38 tion, and the seized hunting or fishing paraphernalia shall, in 39 case any fine imposed is not paid within five days, be sold, at 40 public auction, either on terms or for cash, after having been 41 first advertised for five days by posting hand bills containing notice 42 thereof in at least three places near the place of sale. The proceeds

43 therefrom shall first be applied to the payment of the fine, costs 44 and expense of the prosecution and sale, and the residue delivered 45 to the commission.

46 (d) The said game warden and game protectors, including 47 said sheriffs, deputy sheriffs, constables and police officers, while H. B. No. 266]

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48 engaged in the enforcement of any of the provisions of this act, 49 shall have the power, in manner provided by law, to search and 50 examine any boat, vehicle, automobile, conveyance, express or rail51 road cars, fish box, fish baskets or creel, game bag or game coat, or 52 any other receptacle in which game birds, game animals or fish 53 or frogs could be packed, concealed or conveyed, whenever they 54 have reason to believe that they will thereby secure or discover 55 evidence of the violation of any provision of this act, and said 56 officers shall have, in manner provided by law, the same right to 57 execute a search warrant as is now conferred upon sheriffs in their 58 respective counties.

59 (e) The authority and powers and duties of said state game 60 warden and game protectors shall be state wide, and said state 61 game warden and game protectors shall, while engaged in the per62 formance of their duties, have the same right to carry upon their 63 person revolvers and other fire arms as sheriffs now have in their 64 respective counties.

65 (f) Any of the officers herein mentioned, whose duty it is to 66 enforce provisions of this act, shall have the same rights and pow67 ers as sheriffs have in their respective counties to summon aid in

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[H. B. No. 266 68 making arrests, seizures or executing any warrants, notices or 69 court process.

70 (g) The commission may cause complaints to be made and 71 proceedings to be instituted and prosecuted against any violators 72 under this chapter, without the sanction of the prosecuting at73 torney of the county wherein such proceedings are instituted, and 74 in all such cases no security for costs shall be required of the 75 commission. The commission may employ an attorney to repre76 sent it in any prosecution under this act, and in such case there 77 shall be taxed as costs, in case of conviction, the sum of ten dollars 78 in each case, in addition to the usual amount lawfully taxed, and 79 which ten dollars shall be for the benefit of and paid to said at80 torney as and for his compensation.

81 (h) The commission shall have the right to offer and pay, 82 in its discretion, rewards for information respecting the vio83 lation, or for the apprehension and conviction of any violators, 84 of any of the provisions of this act.

85

(i) Any person who hinders, obstructs or interferes with, or 86 attempts to hinder, obstruct or interfere with,, the game and fish 87 commission, or any member thereof, or the state game warden, or 88 any game protector, or any other officer named herein in the perH. B. No. 266]

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89 formance of his duties, shall be deemed guilty of a misdemeanor 90 and upon conviction shall be fined not less than fifty and not 91 more than two hundred dollars, or may be confined in jail not 92 more than six months, for each offense, or, in the discretion of the 93 court may be both fined and imprisoned within the limitations 94 aforesaid.

Sec. 3. The ownership of, and title to, all the fish, frogs, birds 2 and quadrupeds in the state of West Virginia, not held by private 3 ownership legally acquired, is hereby declared to be in the state 4 of West Virginia.

Sec. 4. (a) No person not a citizen of the United States of Am2 erica shall at any time hunt,pursue, kill or catch any wild game 3 animals, or wild game birds or wild game fowl in this state, or 4 have in his possession fire arms of any kind for such or any of 5 said purposes, or fish for, capture, catch or kill any fish, frogs or 6 turtles, in this state.

7 (b) For the purposes of this chapter the following are 8 game animals: elk, deer, squirrel, rabbit, skunk or polecat and 9 raccoon. The following are game birds or game fowl: the 10 anatadae, commonly known as ducks, geese, swan and brant; the 11 rallidae commonly known as mud hens, rails, coots, and galli[H. B. No. 266 12 nules; the limicolae, commonly known as short birds, plover, 13 snipe, woodcock, tattlers, curlews, and ortolan, sandpiper; and 14 the gallinae commonly known as wild turkey, ruffed grouse or 15 pheasant, quail or bob white.

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16 (c) No person not above the age of fifteen years who is a 17 citizen of the United States shall, at any time, hunt, pursue, 18 kill or catch any wild game animals, or wild game birds or wild 19 game fowl, in this state, or fish for, capture, catch or kill any 20 fish or frogs of any kind whatsoever, without first having secured

21 a license so to do as here provided, and then only during the 22 respective periods when it shall be made lawful to hunt such 23 wild game animals and wild game birds and wild game fowl, or to 24 fish for, capture, catch or kill such fish or frogs. Such license 25 may be procured in the following manner: the applicant who is 26 a resident of this state shall go before the clerk of the county 27 court of the county of his residence and in ink fill out and sign 28 his name to a blank application, which blank application shall be 29 prepared by said commission and furnished to said clerk by it, 30 and which shall state, among other things to be provided therein 31 by said commission, the citizenship, name, age, occupation or pro32 fession, weight, height, place of county residence, color of hair, H. B. No. 266]

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33 eyes and complexion of the applicant, and said applicant shall in 34 person make oath thereto before, and file said application with 35 said clerk. If the applicant be a non-resident of this state, he 36 shall make, sign, swear to and file the like form of application, 37 but such application may be signed and sworn to by him before 38 any person authorized in the state of his residence to administer 39 oaths, but said officer taking such affidavit shall affix his seal 40 thereto, and such application may be filed with, and such license 41 may be granted by, any clerk of the county court of any county 42 in this state to whom such application is made. Before any

43 such license shall be issued to a citizen who is a resident of the 44 State of West Virginia, said application shall be made and filed 45 as aforesaid and the applicant shall pay to said clerk so issuing 46 the same the sum of one dollar, and before any such license shall 47 be issued to a citizen who is a non-resident of the state of West 48 Virginia said application shall be made and filed as aforesaid and 49 said applicant shall pay to said clerk the sum of fifteen dollars; 50 provided, that a bona fide land owner of this state, residing here51 in, or his resident children, or his bona fide resident tenant, may 52 hunt, pursue, kill or catch any of the game animals or game birds 53 and fowl, or fish for capture or catch or kill any of the fish or [H. B. No. 266 54 frogs of this state on his enclosed land, during the hunting or 55 fishing seasons therefor, but under the regulations and laws 56 herein expressly made for hunting and fishing, without obtain57 ing a license so to do, provided, however, said farm land shall 58 have been designated and made, in manner provided by law, a

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