59 state game refuge or preserve.

Nothing herein shall be con

60 strued to permit any resident or non-resident member of any 61 club or organization or association of persons owning or leasing 62 a game or fish preserve in this state to hunt or fish without hav63 ing secured such license therefor.

64

(d) The clerk shall issue and deliver to the applicant, upon 65 the granting of such license, a form of license to be prepared 66 by the commission, which shall be signed by said clerk and be 67 under the seal of the county court of which he is a clerk, and 68 which license shall bear a number according to the serial order 69 in which it was issued. The clerk shall, at the same time, de70 liver to the applicant a tag which shall be prepared and deliver71 ed to the clerk by the commission, bearing on it the serial num72 ber and county of said license and the name and residence of 73 the applicant, and containing the words "resident" or "non74 resident" as the case may be. Said clerk shall keep an accurate H. B. No. 266] 17

75 list of all licenses issued by them and of moneys received there76 for.

77 (e) No person to whom such license is granted shall be en78 titled to hunt, pursue, kill or catch any wild game animals or 79 wild game birds or wild game fowl, or fish for, capture, catch or 80 kill any fish or frogs, unless, at the time thereof, he shall have 81 such license in his actual possession, and he shall, on demand, ex82 hibit the same to any officer of this state, or to the owner, tenant 83 or lessee of any land on which he is hunting or fishing. 84 (f) Such license shall be issued only until the last day of 85 the calendar year in which the same is issued, and shall permit 86 the holder thereof, in the year in which issued and then only 87 during the times in such year when it is made lawful so to do, 88 to hunt and fish in any of the counties of the state.

89

(g) No person securing such license and tag shall trans90 fer the same to any other person or permit any other person to 91 have or use the same. No person shall have, use or exhibit any 92 license or tag which has not been issued to him in manner pro93 vided by law.

94 (h) If any person shall violate any of the provisions of sec95 tion four (a), (b), (c), (d), (e), (f) or (g), he shall be deemed [H. B. No. 266

18

96 guilty of a misdemeanor, and upon conviction shall be fined not 97 less than twenty and not more than two hundred dollars, or may

98 be confined in jail not less than ten nor more than sixty days, 99 for each offense, or, at the discretion of the court may be both 100 fined and imprisoned within the limitations aforesaid.

Sec. 5. (a) All moneys received by or paid to any officer or 2 other person of this state for licenses as aforesaid, or for fines 3 for the violation of the game and fish laws of this state, or other4 wise herein provided to be paid to any officer or person of this 5 state, shall be paid to said commission, in the manner and at the 6 times as hereinafter provided, and said commission shall, on 7 receipt of the same by it, forthwith pay over to the state treasurer 8 such money so received, accompanying such money with a state9 ment showing in detail the source of such money and the pur10 poses for which the same was originally paid. Such officers and 11 other persons so receiving such money shall, on the first day of 12 each month, pay over to said commission all moneys so paid to 13 them during the preceding month, and each such officer and per14 sons shall accompany such payment with a report showing, in 15 case of license money, the name of the county, the names and ad16 dresses of the persons paying the same, and the date of the reH. B. No. 266] 19 17 ceipt thereof, and in case of fines, the name of the court assessing 18 such fine, the amount thereof, the costs of the action, and the 19 name and address of the person fined, and in all other cases of 20 receipt and payment of money enough of the circumstances to 21 identify the source of the same and the purpose for which paid. 22 All such money so paid for licenses and otherwise than for fines 23 shall be credited to and kept separately in a "Game and fish 24 fund," and shall be used and paid out solely, upon the order of the 25 commission, for the conservation, protection, propagation and dis26 tribution of the fish, frogs, wild game and wild birds and fowls 27 of this state, in the enforcement of the fish and game laws of this 28 state, for any of the purposes in this act provided, and for the 29 operation of the commission. All money derived from fines 30 assessed under any provision of this chapter shall, after the pay31 ment of all the costs of any such legal proceedings, including the 32 payment of any amount fixed by this chapter to be paid to a deputy 33 warden or other person and taxed as past of the costs, be paid 34 into and credited to the "school fund," as provided by law.

35 (b) If any commissioner, state game warden, game protector 36 or other officer shall fail to make any return of money received 37 or pay the same over at the time and in the manner herein pro

38 vided, he shall be guilty of a felony, and upon conviction shall be 39 confined in the penitentiary not less than one and not more than

40 five years.

41

(c) All the money so credited to the game and fish fund and 42 applicable as aforesaid to the up-keep and conduct of the com43 mission, shall be withdrawn from the state treasury and ex44 pended only upon the written voucher of the commission, au45 thorized by it at a meeting duly held, and signed by the chairman 46 of such commission.

The

Sec. 6. (a) All licenses herein authorized to be granted shall 2 be deemed to have been granted by the commission, and the 3 power and authority to revoke said licenses is vested in the com4 mission subject to the rights of a court of competent jurisdic5 tion to exercise general jurisdiction in relation thereto. 6 violation of any of the provisions of this act by any person holding a license shall be deemed good and sufficient cause for the re8 vocation of said license and it shall be the duty of the commission 9 to revoke said license for such cause. The violation of any of the 10 provisions of this act in one year shall be sufficient cause for the 11 refusal of the commission to grant in any future year a license to 12 the person so violating any such provision. And a license may

H. B. No. 266]

21

13 be refused to any person who applies for the same, and a license 14 so granted to any person may be revoked at any time, by the 15 commission, for good cause shown.

17

16 (b) In case the commission desires to refuse a license to any 1 person, it shall notify the clerk of the county of the residence 18 of such person, or any such clerk where it is expected such license 19 shall be sought, of the name and address of such person and 20 such other information in relation thereto as it may desire to give, 21 and such clerk shall not issue a license to such person there22 after, and shall report to the commission any application made In case any clerk shall, after receiving such notice

23 therefor.

24 knowingly issue such license, he shall be guilty of a misdemeanor 25 and upon conviction thereof shall be fined not less than ten dol26 lars and not more than one hundred dollars for each offense. 27 The commission may revoke any such license so wrongfully issued. 28 (c) Upon the revocation of any license, the one to whom 29 the same was issued, shall, upon having knowledge of such re

33

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30 vocation, forthwith deliver the said license and tag so issued to him 31 to the clerk of the county court who issued the same to him and 32 said clerk shall thereupon transmit the same to the commission. (d) It shall he unlawful for any person in any maner to alter [H. B. No. 266 34 or change any license or tag issued under the provisions of this 35 act, or to buy or sell, or offer to buy or sell the same, or to trans36 fer the same to another, or to permit another to use it, and it 37 shall be unlawful for any person to use or wear any such license 38 tag or either of them, ( which has been issued to any other per39 son than himself.

40 (e) A violation of any of the provisions of this section for 41 which no specific punishment or penalty is fixed, shall be deemed 42 a misdemeanor, and upon conviction the accused shall be fined 43 not less than twenty nor more than one hundred dollars, or con44 fined in jail not less than ten nor more than one hundred days, 45 or by both fine and imprisonment, within the limitations afore46 said.

Sec. 7. (a) No person shall carry any uncased gun in any 2 of the fields or woods of this state, unless he has such properly 3 issued and valid license, or unless such person be the bona fide. 4 owner of such field or woods, or his child, tenant or lessee, and 5 said field or woods be enclosed, and the carrying of such uncased 6 gun in any of the fields or woods of this state by any person not 7 having a license to do so, as aforesaid, or by any person not then 8 such tenant or lessee of such enclosed field or woods, or a child H. B. No. 266] 23

9 of such owner, tenant or lessee, shall be deemed prima facie evi10 dence that the person so carrying such uncased gun is hunting 11 game animals or game birds or fowl.

12 (b) Any person having in his possession in the fields or woods 13 or in or about the streams or waters of this state any gun or 14 other hunting paraphernalia or any fishing rod or other fishing 15 paraphernalia, except it be such owner of such field, woods, stream 16 or water, and such field or woods be enclosed, or the child, tenant 17 or lessee of such owner, shall, upon the demand by any officer 18 herein created, or by any constable, sheriff, deputy sheriff, police19 man, or any other officer of the law of the state of West Virginia, 20 or by the owner, tenant, lessee, or the agent of the owner of such 21 fields or woods, produce and exhibit his license to such officer or

22 person for inspection, and shall give to said officer or person his 23 correct name and address.

24 (c) No person, to whom the such license is issued, shall hunt, pur25 sue, catch or kill game animals, game birds or fowl, or fish for, catch, 26 capture or kill fish or frogs in this state, unless at the time he shall 27 have such license in his actual possession and upon his person.

28

24

(d) If any person shall violate any of the provisions of sec29 tion 7 (a), (b), or (c) he shall be guilty of a misdemeanor, and [H. B. No. 266 30 upon conviction shall be fined not less than twenty and not more 31 than one hundred dollars, or be confined in jail not less than 32 twenty and not more than one hundred days, for each offense, or 33 by both fine and imprisonment within the limitations aforesaid.

Sec. 8. The commission may, with the consent of the owner or 2 owners of any land in this state, set the same, or any part thereof, 3 aside as a game refuge for the propagation or protection of wild 4 game animals or wild birds or fowls. The establishment of the 5 same as a refuge for the propagation and protection of wild game 6 animals, wild birds or fowl shall be declared by publication of 7 such fact together with a reasonably definite statement of the 8 location and boundaries of such land or stream,. in at least two 9 newspapers published in the county or each of the counties in 10 which the same is located, or if there be but one then in one such 11 paper, and the commission shall post and keep posted thereon or 12 thereabout placard notices of the fact of such refuge. During 13 the time of the maintenance of the same as a refuge, no person 14 shall hunt, pursue, kill or catch thereon any wild game or non15 game animals or wild birds or fowl, except under the rules and 16 regulations prescribed by the commission for the killing of birds 17 and animals of prey not protected under the law of this state, H. B. No. 266] 25

18 and upon conviction thereof the accused shall be punished by a 19 fine of not less than ten nor more than one hundred dollars, or by 20 confinement in jail not less than ten nor more than one hundred 21 days, or by both fine and imprisonment within the limitations 22 aforesaid, for each offense.

Sec. 9. The commission may, with the consent of the owner 2 of any land or stream in this state, by publication and by post3 ing of notices as aforesaid as provided in section eight of this act, 4 because of drought, forest fires, diseases existing among the fish, 5 or for the purposes of the conservation, protection or propapgation