17 or kids, or to the county court for the value of the sheep, lambs, 18 goats or kids so killed or injured.

Sec. 36. It shall be unlawful for any person to suffer or per2 mit any dog in his possession or kept by him about his premises, 3 to run at large on any unenclosed land, or trespass upon any en4 closed or unenclosed lands of another. If any dog be suffered 5 or permitted to run at large or trespass as aforesaid, or kill or 6 assist in killing, injuring or chasing any sheep or other domestic 7 animals out of the enclosure of the owner or keeper of such dog, 8 proof that such dog was at large at the time and place of injury 9 complained of shall be prima facie evidence of liability and guilt, 10 as hereinafter provided.

54

Sec. 37. The county court of every county and the council of 2 every municipality, shall prepare and deliver, to its assessor, 3 sheriff, constables, or other police officer, consecutively num[H. B. No. 266 4 bered aluminum or brass tags, bearing the calendar year and the 6 be delivered by them to any citizen of the county or municipality 7 who may apply thereof and pay into its treasury a fee of not more 8 than twenty-five cents for each tag, which tags shall be fastened 9 upon the collars worn by the dogs owned or kept by such citizens, 10 and for which fee such officer shall issue a receipt showing the 11 name and address of the citizen and the year and number of the 12 tag. Such officer shall also keep a record book showing the name 13 and address of each citizen to whom such tags are issued, the num14 ber of such tag so issued and the year thereof. Any citizen may, 15 and the sheriff, constamles or other police officers, or officers of any 16 county, district or municipality, shall seize any dog found un17 accompanied by its owner or keeper and running at large on any 18 road, street or other public place or trespassing on any premises 19 other than the premises of the owner. If such dog is wearing a 20 collar bearing such tag, it shall be impounded and the citizen or 21 officer so seizing and impounding said dog shall immediately 22 thereafter by written notice notify the owner of such dog as dis23 closed by the records herein provided for to be kept that such dog 24 has been seized and impounded by him and unless such owner 25 or keeper of such dog shall, within seven days from the receipt. H. B. No. 266] 55 26 of said notice claim such dog, and pay such citizen or officer a 27 fee of two dollars for seizing and a fee of ten cents for each day 28 it is impounded, it shall be killed forthwith in any humane man

29 ner. Provided, that any citizen or officer may kill any danger30 ous or vicious dog or any dog not registered as herein provided 31 for, or any dog permitted to run at large after the owner or keeper 32 shall have had notice not to permit such dog to run at large, if 33 such dog be off the premises and out of the control of its owner 34 or keeper. No citizen or officer shall be liable in damages or to 35 prosecution by reason of killing any dog as herein provided. For 36 every dog seized and not claimed by its owner or keeper as afore37 said, the county court shall pay the citizen or officer thereto en38 titled thereto said fees and costs upon due proof of the seizure, 39 impounding and killing of such dog; and the owner or keeper shall 40 be liable therefor in any action before the court or justice having 41 jurisdiction; provided, further, that it shall be the duty of the 42 common council of every incorporated city, town or village in 43 this state, to provide a suitable pound for such dog or dogs so 44 seized under the provisions of this act.

Sec. 38. It shall be unlawful for any unnatural foreign born [H. B. No. 266

56

2 resident of this state to own or keep a dog of any kind in this 3 state.

Sec. 39. Nothing in this act shall be construed to prevent any 2 citizen of this state from lawfully hunting with a dog or dogs 3 on any land owned by him or by any person from whom such 4 citizen has first secured permission to hunt with a dog or dogs; 5 and no citizen shall hunt with a dog or dogs upon the land of an6 other without written or verbal permission from the owner or 7 lessee thereof.

Sec. 40. Any person violating any provision of section thirty2 three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight 3 or thirty-nine of this act or failing or neglecting to perform any 4 duty imposed by said sections thirty-three, thirty-four, thirty-five, 5 thirty-six, thirty-seven, thirty-eight, thirty-nine or forty shall be 6 liable, in an action of prosecution before any court or justice hav7 ing jurisdiction, for the amount of damage sustained, and also 8 for a fine of not to exceed one hundred dollars and the cost of 9 prosecution, or to imprisonment in the county jail not more than 10 thirty days, or to both fine and imprisonment; and any person 11 who shall remove from any dog a collar bearing a tag as pro12 vided for in this act, or who shall alter or remove any such tag H. B. No. 266] 57

13 from a dog properly registered as herein provided for shall be 14 guilty of a misdemeanor, and, upon conviction, shall be fined not 15 to exceed one hundred dollars and the cost of the prosecution, or 16 to imprisonment in the county jail not more than thirty days, or 17 to both fine and imprisonment and shall be liable to the owner or 18 or keeper of such dog in a civil action for the amount of damages 19 sustained.

Sec. 41. Chapter sixty-two of the code of West Virginia, of 2 one thousand nine hundred and sixteen, as last amended and re3 enacted by chapter fifty-two of the acts of the legislature of West 4 Virginia, of one thousand nine hundred and nineteen, regular ses5 sion, and all other acts and parts of acts in conflict with the 6 provisions of this act are hereby repealed.

House Bill No 455

(BY MR. HAYMOND.)

[Itroduced January 25, 1921; referred to the Committee on Immigration and Agriculture.]

Senate Bill No. 252

(BY MR. YORK.)

[Introduced January 25, 1921; referred to the Committee on Finance.]

[Note by clerks. In the first printing, Senate Bill No. 255 instead of Senate Bill No. 252 was given as the duplicate of House Bill No. 455.]

A BILL to encourage the breeding of horses, the establishment of fairs and to regulate the holding of fairs, race meetings and the running of horses in the state of West Virginia, and to establish

a state racing commission to control the same and describing its powers and uses.

Be it enacted by the Legislature of West Virginia:

Section 1. Any corporation or association formed for the pur2 pose of racing and the breeding and improving the breed of horses 3 and conducting horse races in contests of speed, and the establish4 ment of fairs, exhibition of horses, shall have the power and right, 5 subject to the provisions of this act, to hold one or more race 6 meetings in each year and to hold, maintain and conduct running, 7 trotting and pacing races at such meetings.

4

8 At such meetings the corporation or owners of the horses en9 gaged in such races, or others who have participated in the races 10 for purses, prizes, premiums or stakes to be contested for, but no 11 person or persons other than the owners of horses contesting in 12 a race shall have any pecuniary interest in the purses, prizes, 13 premiums or stakes contested for in such races, or be entitled to [H. B. No. 455 14 receive any portion thereof after such race has been finished, and 15 the whole of such purses, prizes, premiums and stakes shall be 16 allotted in accordance with the terms and conditions of such race 17 and the provisions of this act hereinafter contained. Provided, 18 however, the breeder or breeders of any horses contesting in such 19 race may have allotted in accordance with the terms of such race 20 their share in such purses, prizes, premiums or stakes contested

21 for.

22 Such meetings and fairs shall not be held except during the 23 period extending from the first day of April until the first day of 24 December, inclusive, in each year, unless, for special reasons the 25 state racing commission hereinafter provided for may authorize 26 other dates.

Sec. 2. A state racing commission is hereby established, creat2 ed and constituted, to be composed of three persons, who are 3 residents and citizens of this state, which shall be appointed by the 4 governor of this state, and not more than two of whom shall be5 long to the same political party. The said state racing com6 mission, so to be appointed, shall each hold office for a term of four 7 years, and each of them before assuming the duties of his office 8 shall take an oath to support the constitution of the United H. B. No. 455]

5

9 States, the constitution of this state, and faithfully discharge his

10 duties as such member of said racing commission, which oath 11 shall be filed in the office of the secretary of state.

12

The first commission to be appointed under this act shall be 13 appointed within fifteen days after this act goes into ecect. Said 14 commission shall have the power to appoint a secretary who shall 15 serve during its pleasure and who shall have his office at the 16 capital of the state, and whose duty it shall be to keep a full and 17 complete record of the preceedings of the state recing commis18 sion, and to preserve at its office all books, maps, documents and 19 papers entrusted to his care and perform such other duties as the 20 commission may prescribe. The said clerk shall be paid a salary 21 not to exceed fifteen hundred dollars per annum and each of said 22 members of said racing commission shall receive a compensation 23 of five dollars per day for the time actually engaged in their duties 24 as members of said commission, together with their actual ex25 penses in traveling while attending to their duties as members of 26 said commission. But no part of the salary of said clerk or com27 mission shall be paid out of the state treasury but the same shall 28 be assessed by the commission and paid by the several associa29 tions and corporations acting under the provisions of this act and [H. B. No. 455 30 the said commission shall on or before the first day of December 31 in each year assess upon each of said associations and corpora32 tions its just proportion of said salary so to be paid to said clerk 33 and the said commission. The said commission shall before re34 ceiving the money for their per diem and expenses heretofore 35 provided, file with the tax commissioner an itemized statement 36 of the time employed by each and the expenses incurred by each, 37 which is not to be paid until approved by the tax commissioner. 38

6

And the said commission shall also (bi-annually) make a full 39 report to the legislature of the proceedings for the two years. 40 period ending with the first day of December preceding the meet41 ing of the legislature and shall embody in said report such sug42 gestions and recommendations as it may deem advisable to be 43 submitted to the legislature, together with the expenses that it has 44 assessed upon said meetings and associations to tay the expenses 45 of said commission and clerk as herein provided, and what amount. 46 has been paid into the state under the provisions of this act as 47 hereinbefore provided.

Sec. 3. The said racing commission shall have the power to