41 (2) that any person may employ a seine not more than eight 42 feet in length for the purpose of securing minnows other than 43 the salmon, bass, shad, pike and trout, for use in angling, and 44 provided, (3) that the commission may, at any time, catch fish 45 with nets, seines or otherwise for the purpose of propagation and H. B. No. 266] 35

46 protection of the fish of this state, and may at any time catch 47 and kill fish.

48 (e) Any person violating any provision of this section shall 49 be guilty of a misdemeanor, and upon conviction thereof shall be 50 fined not less than ten dollars nor more than one hundred dol51 lars, and may, at the discretion of the court or justice trying 52 the case, be confined in the county jail not exceeding thirty days, 53 or both fine and imprisonment within the limitations aforesaid.

Sec. 17. The game commission may hunt, capture, kill and 2 maintain in captivity, at any time, for the purpose of propaga3 tion, protecting and distributing, any of the game animals, game 4 birds, game fowl, fish or frogs or any of the wild animals, wild 5 birds and wild fowl of this state.

Sec. 18. It shall be unlawful for any person, at any time, to 2 catch, capture or kill, or attempt to catch, capture, or kill, at any 3 time by seine, net, bait trap or snare or like device of any kind, 4 any wild turkey ruffed grouse, pheasant, quail, or catch, capture 5 or kill any elk or deer by means of any poison, bait, trap or snare, 6 or any other like means or device, and any person violating any 7 of the provisions of this section shall be guilty of a misdemeanor, 8 and upon conviction thereof shall be fined not less than ten nor 36 [H. B. No. 266

9 more than one hundred dollars, or by confinement in jail not less 10 than ten nor more than one hundred days, or by both fine and 11 imprisonment within the limitations aforesaid.

Sec. 19. It shall be unlawful to hunt, catch, kill or injure, or 2 pursue within tent to catch, kill or injure, any game animals, 3 game birds, game fowl, or any other animal or bird or fowl pro4 tected under the provisions of this chapter, on the first day of 4-a the week commonly known as Sunday, and any person violating 5 any provision of this section shall be guilty of a misdemeanor and 6 upon conviction fined not less than ten nor more than one hun7 dred dollars for each offense, or by confinement in jail not less. 8 than ten nor more than one hundred days, or by both fine and 9 imprisonment within the limitations aforesaid.

Sec. 20. No person, firm or corporation shall build, erect, 2 keep or maintain any dam or any other structure in any river, 3 creek or water course in this state, which shall in any way pre4 vent or obstruct the free and easy passage of the fish up or down 5 such river, creek or other water course, without first building, or 6 erecting as a part of such dam or other structure, a good and suffi7 cient ladder or way so constructed to allow fish easily to ascend 8 or descend the same, and such ladder or way shall be constructed H. B. No. 266] 37

9 only upon plans, in a manner and at a place satisfactory to the 10 commission. Any person, firm or corportion violating any of 11 the provisions of this section shall be guilty of a misdemeanor and 12 upon conviction shall be fined not less than ten nor more than one 13 hundred dollars, and such person, or in case of violation by a 14 corporation the officers or agents thereof violating this section, 15 may be punished further by imprisonment in jail not less than 16 ten days nor more than one hundred days, or upon conviction 17 thereof by both fine and imprisonment within the limitations 18 aforesaid. Each day such dam or structure is maintained shall 19 constitute and be a separate offense and punishable as such.

Sec. 21. It shall be unlawful for any person, firm or corporation to 2 throw, discharge or cause to enter into any stream, water-coure or 3 water in this state saw-dust or other matter deleterious to the 4 propagation of fish. It shall be lawful, however, to drain or cause 5 to be drained from any mine in the state by the owner or operator 6 thereof the water that naturally collects in such mine and the 7 water from any coal washery, and to discharge the same into any 8 stream, water-course or water in the state; provided, however, 9 that any mine from which the water is so discharged or drained 10 shall be kept in a sanitary condition and the water draining or 38 [H. B. No. 266

11 flowing from such mine, and from such washery, shall, while in 12 the mine and on the premises of the mine owner or operator, be 13 kept free from pollution by human or animal excrement or sub14 stance deleterious to health. And the state board of health, its 15 agents, employees and servants shall at all seasonable times have 16 authority to enter upon the premises and into any such mine in 17 order to see that the same is kept in a sanitary condition and that 18 the waters draining therefrom are free from the objectionable 19 substance named herein; with the right to the state board of health 20 to prevent any mine owner or mine operator who fails to comply

21 with the provisions of this act from draining or discharging the 22 water or waters from his or its mine into any stream, water or 23 water-course in the state; provided, further, that any mine owner 24 or operator having one suitable, convenient and sufficient outlet 25 for the water from his or its mine into one stream shall not cause 26 the same to be drained into any other stream. Any person, firm 27 or corporation violating any of the provisions of this section shall 28 be guilty of a misdemeanor, and fined not less than ten nor more 29 than one hundred dollars, and such person violating this section, 30 and the officer or agent of any corporation who directs or parti31 cipates in the violation of this section, may be imprisoned in jail H. B. No. 266]

39

32 not less than ten nor more than one hundred days, or both such 33 fine and imprisonment may be imposed for such violation.

Sec. 22. All prosecutions under this chapter shall be in the 2 name of the state of West Virginia and the justices of the peace 3 in their respective jurisdiction shall, in all misdemeanors, have 4 concurrent jurisdiction with the circuit or other criminal courts 5 of any county.

Sec. 23. No person shall, within the state of West Virginia, 2 kill or catch, or have in his possession, living or dead, any wild 3 bird other than a game bird or a wild bird for which a bounty has 4 been offered by the commission; or purchase, offer or expose for 5 sale, transport within or without the state, any such bird, except 6 as aforesaid. No part of the plumage, skin or body of any bird 7 protected by this section shall be sold or had in possession for 8 sale irrespective of whether said bird was captured within or 9 without the state.

Sec. 24. No person shall wilfully or needlessly destroy or 2 attempt to destroy the nest or the eggs of any wild bird, or have 3 such nest or eggs in his possession, except it be the nest or eggs 4 of a bird for which a bounty has been offered by the commission, 5 or, unless such person be acting under a certificate issued by the [H. B. No. 266

40

6 commission to any person for the purpose of collecting birds, their 7 nests or eggs, for scientific purposes.

Sec. 25. Any person violating any of the provisions of sec2 tions twenty-three and twenty-four shall be guilty of a misde3 meanor and upon conviction thereof shall be punished by a fine 4 of not less than ten nor more than one hundred dollars or by

5 confinement in jail not less than ten nor more than one hundred 6 days, or both fine and imprisonment within the limitations afore7 said.

Sec. 26. (a) No person shall, at any time, kill or have in 2 his possession any deer, quail, pheasent, or ruffed grouse, wild 3 turkey, squirrel, or any part of the same, or any game fish or 4 frog killed, caught or captured in this state, with the intention of 5 transporting the same or having the same transported beyond the 6 limits of the state. No person shall transport beyond the limits 7 of this state any elk, deer, quail, pheasant, or ruffed grouse, wild 8 turkey, squirrel, wild duck or wild goose or game fish or frog, so 9 killed, caught or captured within this state.

10 (b) It shall be unlawful for any person at any time to pur11 chase, or offer to purchase, or to sell, or offer to sell, or to ex12 pose for sale, or have in his possession for the purpose of selling, H. B. No. 266]

41

13 any elk deer, squirrel, wild turkey,, ruffed grouse, quail, wood14 cock, wild duck, wild goose, wild swan, wild brant, snipe, sand15 piper, or any of the song or insectivorous birds of the state, and 16 it shall be unlawful for any person at any time to purchase, or 17 offer to purchase, or sell or offer to sell, or expose for sale, any 18 trout of any species, salmon of any species, pike, or any bass of 19 any species, or perch, or any frog, caught or captured within the 20 state, and it shall be unlawful for any person or common carrier to 21 transport, carry or convey or to receive for such purpose, any of 22 the animals, birds or fowls aforesaid, or any part of the same, or 23 said fish or frogs so caught or killed within the state, knowing or 24 having reason to believe that said animals, birds, fish or frogs had 25 been or were to be sold. The selling or exposing for sale, hav26 ing in possession for sale, transporting and carrying, contrary to 27 the provisions of this section of each and every animal, fish or 28 bird mentioned in this section shall constitute and be a separate 29 offense.

30 (e) It shall be unlawful for any person firm or corporation. 31 to employ or hire, or to induce or persuade, by the use of money or 32 other thing of value, or by any means to induce, any person to 33 hunt, catch, or kill for such other person, firm or corporation, any [H. B. No. 266 34 game animal, game bird or game fowl, or any other bird or fowl 35 for which no bounty has been offered by the commission, or to fish

42

36 for, catch or kill any fish which is protected under any of the 37 provisions of this chapter, or the sale of which is prohibited by 38 this chapter. It shall be unlawful for any person to charge, ac39 cept, receive or take money, wages, hire or reward of any kind, 40 to hunt, pursue, capture or kill, for any other person, any game 41 animal, or game bird or game fowl, or any song or insectivorous 42 bird, or any game fish or frog.

43 (d) It shall be unlawful for any person to serve for pay, either 44 directly or indirectly, at any hotel, restaurant, or other licensed 45 eating places in this state, or in any eating place in this state, 46 any game animal, game bird, or game fowl, or any part thereof 47 whether caught within or without this state, or any game fish or 48 frog caught within this state.

49

(e) Any person violating any of the provisions of section 50 twenty-six shall be deemed guilty of a misdemeanor and upon 51 conviction, shall be fined not less than ten nor more than two 52 hundred dollars, or by confinement in jail not less than ten nor 53 more than one hundred days, or by both fine and imprisonment 54 within the limitations aforesaid, and in the case of violation by H. B. No. 266] 43

55 a corporation every officer or agent directing or engaged in the 56 violation shall be guilty, and in, the discretion of the court pun57 ishment may be by both fine and imprisonment.

Sec. 27. It shall be unlawful for any person while engaged in 2 hunting or pursuing game animals, game birds or game fowl, 3 carelessly or negligently to shoot or wound or kill any live stock, 4 or destroy or injure any other chattels or property, and any one 5 violating this section shall be deemed guilty of a misdemeanor, 6 and on conviction thereof may be fined not exceeding one thousand dollars, and, in the discretion of the court trying the case, 8 may in addition thereto be confined in the county jail for a period 9 not exceeding one year.

Sec. 28. It shall be unlawful for any person to shoot or dis2 charge any firearms across or in any public road in this state, 3 at any time, or within eight hundred feet of any school house or 4 church, or within one thousand feet of any dwelling house, or on 5 or near any park or other place where persons gather for purposes 6 of pleasure, and any person violating this section shall be deemed 7 guilty of a misdemeanor and upon conviction thereof shall be 8 fined not less than ten nor more than one hundred dollars, or at