CHAP. 152.—An ACT to create a State department of game and inland
fisheries, and providing for the issuing of licenses to provide revenue
for the support of such department, and imposing Pena ee a is

. B. 144.)

violation.
Approved March 11, 1916.

1. Be it enacted by the general assembly of Virginia, That
a State department of game and inland fisheries is hereby created
and established, which shall be in charge of and presided over
by the commissioner of fisheries, who shall ex-officio be known
as the commissioner of game and inland fisheries of the State
of Virginia, hereinafter called the commissioner.

2. Salary of State commissioner.—The commissioner shall
in addition to his present salary, for discharging the duties im-
posed upon him by this act receive a salary of six hundred dol-
lars per annum, payable monthly, out of the game protection
fund, in the same manner as other State officers are paid, and
the said commissioner shall be allowed mileage, at the rate of
five cents per mile for all travel in the discharge of his duties,
but no other reimbursements shall be allowed him for his ex-
penses in traveling over the State.

3. Office of State commissioner.—The commissioner shall
be provided with a suitable office in the State capitol, and, upon
the approval of the governor, may employ a clerk or clerks
when necessary.

4. Bond and oath of State commissioner.—Before entering
upon the discharge of his official duties, the commissioner shall
give bond in the sum of five thousand dollars, payable to the
State of Virginia, with sureties to be approved by the secretary
of the Commonwealth, conditioned that he will well and truly
account for and apply all moneys which may come into his
hands in his official capacity, and that he will faithfully per-
form the duties enjoined upon him by law; and he shall also
take and subscribe the oath or affirmation required by the
Constitution of the State, and be commissioned by the secretary
of the Commonwealth.
5. Seal of office—The commissioner shall keep a seal of
office, which shall be used to authenticate all papers and docu-
ments issued and executed by him as such officer.

6. Itemized statement of receipts and disbursements filed
by commissioner monthly.—At the end of each calendar month
said commissioner shall file with the governor an itemized
statement, under oath, of all'sums of money received or ex-
pended by him in the discharge of his official duty, including
clerical services, salaries, and expenses while traveling, as here-
inafter provided, postage, stationery, and other necessary in-
cidental expenses.

7. Accounts; approval and payment of.—Upon the approval
of such accounts by the governor, the auditor shall draw his
warrant for such amount, which shall be paid monthly, out of
the game protection fund. :

8. Accounts audited.—The office and accounts of the com-
missioner shall be audited under the direction of the governor,
in the same manner as the offices and accounts of other State
officers are audited.

9. Annual report of commissioner to governor.—In the
month of September, in the year nineteen hundred and seven-
teen, and every year thereafter, and at such other times as the
governor may direct, the commissioner shall make a report to
the governor, showing the official business transacted by him.
Such report shall show the number of hunters’ licenses issued,
together with all fees collected. It shall show what moneys have
been received by his department from fees and other sources,
and how disposed of. It shall show the number of wardens em-
ployed, and shall give all necessary information concerning the
affairs of the department of game. Such report shall be pub-
lished in pamphlet form.

10. Commissioner; duties of.—The commissioner shall en-
force all laws now enacted or that may be enacted for the pro-
tection, propagation, and preservation of wild animals and birds
in this State, and all laws relating to fish in waters above tide-
water, and assist in enforcing all dog laws and forestry laws
and shall prosecute all persons who violate such law; and he
shall, at any and all times, seize any and all birds, animals, and
fish that have been caught or killed at a time, in a manner, or
for a purpose, or are in the possession of any person, or which
have been shipped, contrary to the game laws of this State. He
shall have authority to propagate game and the fish found in
inland streams, purchase specimens, engage the necessary em-
ployees, erect the necessary buildings and inclosures, and lease
or purchase the necessary lands for that purpose, and the com-
missioner shall have the power and authority to, and may adopt
such means and make such expenditures out of the game and
fish fund, as may be necessary for the purpose of restocking any
depleted species or introduction of any new species, of game
animals, birds or fish and to close the season for hunting or
fishing for such species where deemed necessary, in any county
or any stream above tide water for a period of two to five years,
provided that due notice thereof be posted at the courthouse and
at least three other public places in said county or along said
streams, by and with the consent of the governor, and he shall
have authority to employ lecturers, print and distribute educa-
tional matter pertaining to wild life, and to hold exhibits through-
out the State, and especially for the benefit of the school children
and agriculturists, and all expenses of such enterprises shall be
defrayed out of the game protection fund as provided for the
other expenses of the department of game. He shall foster the
conservation of all wild life in the State in every reasonable

way.

11. Blanks and other printed matter provided.—The blanks
and other printed matter necessary to carry out the provisions
of the game laws upon the approval of the governor, shall be
printed under the direction of the commissioner, and shall be
paid for in like manner and upon the same terms as other public
printing. This expense shall be chargeable to the first money
covered into the game protection fund.

12. Publication of game laws.—The commissioner shall pub-
lish in pamphlet form, for general distribution, the laws relat-
ing to game, fish, and birds.

13. Commissioner and his deputies may serve process.—
The commissioner and wardens may serve original and mesne
process as sheriffs and constables, in all matters arising from
violations of the game, fish, forestry and dog laws of this State.

14. Commissioner shall appoint county and city game war-
dens.—The commissioner shall appoint from a list of ten suit-
able persons to be furnished to him by the board of supervisors
of each county or the council or similar governing body of each
city, such regular and special game wardens in each county and
city of this State, as he may deem necessary to enforce the laws,
which appointment shall be based upon a practical knowledge
of the animal, bird and fish life and game laws of this State,
and such persons so appointed shall be known as game wardens,
and shall hold office during the pleasure of the commission ap-
pointing them, and until their successors are duly appointed ;
provided, however, that there shall be not less than one regular
warden in each county.

15. Duties and powers of game wardens.—The wardens
shall assist the State game commissioner in the discharge of
his official duties, the special wardens shall be under the control
of such regular wardens as the commissioner may direct, and
said wardens shall have like power and authority in the en-
forcement of this law as is provided in this chapter for the
State game commissioner, and shall have jurisdiction through-
out the entire State in all matters relative to the enforcement
of this law, and the commissioner and each warden shall have
and they are hereby invested with the power and authority
necessary upon displaying his badge or authority or credentials
of office, to arrest any person found in the act of violating any
of the provisions of the forest, game, and inland fish laws, here-
tofore, now or hereafter enacted, and to seize, and to search
any such person so arrested, together with any box, can, pack-
age, barrel, or other container, hunting-bag, coat, suit, trunk,
grip, satchel or fish basket carried by or in the possession of
such person so arrested, and to enter and search any refrig-
erator, building, vehicle, car, coach, depot, office restaurant,
cafe, hotel, or other place of whatsoever nature in which the
person making such arrest, as aforesaid, has reasonable ground
to believe that the person so arrested has concealed or placed
any fish or game which will furnish evidence of the violation of
game and inland fish laws of this State, and such arrests, seiz-
ure or search may be made without warrant except that a
dwelling may not be searched without a warrant, and any
animal, bird or fish or part thereof which has been killed, taken
or captured or had in or proven to have been in, posesession of
any person in violation of the game and fish laws of this State
shall be deemed prima facie evidence that the person in whose
possession the same is found is guilty of having taken, cap-
tured or killed such bird, fish or animal, and the same shall be
seized by said warden; upon demand of any warden, or other
officer, any person found hunting shall exhibit his license, and
failure to do so shall be prima facie evidence that he is hunting
without license.

16. Game wardens and deputies subject to supervision and
removal by commissioner.—Said regular and special wardens
shall be subject to the supervision and direction of the commis-
sioner, and subject to removal by him in his discretion.

17. Bond of wardens; conditions of.—Before entering upon
the discharge of his official duties, each game warden shall give
bond before the clerk of the circuit court of his county or of
the corporation court of his city, in the penalty of one thousand
dollars, payable to the State of Virginia, with sufficient surety, to
be approved by the said clerk, conditioned that he will well and
truly account for and legally apply all money which may come
into his hands in his official capacity, and to pay all judgments
rendered against said game wardens for malicious prosecution
or for unlawful search, arrest or imprisonment, and that he will
faithfully perform all the duties enjoined upon him by law.

18. Ex-officio game wardens.—All sheriffs, deputy sheriffs,
marshals, constables, policemen, members of the commission of
fisheries, oyster police captains, and oyster police inspectors, or
other peace officers of this State shall be ex-officio game wardens.

19. Compensation of special wardens under special instruc-
tions.—Special game wardens shall receive no stated salary but
when acting under special instructions shall receive not more
than three dollars per day for their services, and necessary ex:
penses while traveling in the discharge of their duties.
20. Compensation of regular game wardens.—The regular
game wardens shall be employed for such time and receive such
salary as the game commissioner shall fix upon, not to exceed
fifty dollars per month in counties and cities containing less
than twenty thousand inhabitants and not exceeding sixty dol-
lars per month in counties and cities containing more than
twenty thousand inhabitants. :

21. Forest fires provided against.—The game wardens shall,
while in and about the woods, caution all persons of the danger
from fires and extinguish all fires left burning by anyone, if
within their power, and shall give notice to any and all persons
interested, when possible, of fires raging beyond their control,
to the end that the same may be extinguished.

22. License; contents of.—All licenses shall be dated July
first of the year in which issued, and shall authorize the person
named therein to hunt during the succeeding twelve months,
and then only within the regulations and restrictions provided

y law.

All hunting licenses shall be numbered consecutively at the
time they are printed; they shall be printed on linen in such
form as the commissioner may prescribe, and resident and non-
resident blanks shall be furnished by the commissioner to the
clerks having authority to issue said licenses.

23. County license; how obtained.—Any person who has
been a bona fide resident of this State for six months next pre-
ceding the date of application, may procure a county hunter’s
license for himself, by making oral or written application to
the clerk of the circuit court of any county, or to the clerk of
the corporation court of any city in the State, stating the county
in which he desires a license to hunt, his age, place of residence,
postoffice address, color, color of his hair and eyes, and height,
and by paying the said clerk the sum of one dollar; such county
license shall entitle the holder thereof to hunt in the county
designated therein.

24. State license; how obtained.—Any person who has been
a bona fide resident of this State for six months next preceding
the date of application may procure a State hunter’s license for
himself by making application, as provided by the preceding
section, and by paying to said clerk the sum of three dollars,
which shall entitle him to a State hunter’s license, and shall
authorize him to hunt in any county in this State.

25. Non-resident licenses; how obtained.—Any non-resident
of this State who is a citizen of the United States may procure
a license for hunting in this State by making application as
provided in the preceding sections, and by paying the said clerk
the sum of not less than ten dollars; provided that any non-
resident owning real estate, in this State, or tenant thereon,
shall be permitted to hunt upon his own lands without obtain-
ing any license.
26. Aliens’ license; how obtained.—Any non-resident per-
son not a citizen of the United States shali pay the sum of
twenty dollars for a State license; and provided, that any per-
son not a citizen of the United States who owns real estate in
this State and who has actually resided in this State for a period
of at least five years, shall, for the purposes of this act, be con-
sidered a citizen of this State, and shall pay the tax required of
citizens of this State.

27. Who may issue hunting licenses.—The clerk of the cir-
cuit court of any county, and the clerk of the corporation court
of any city, shall have authority to issue the hunter’s licenses
provided for in this chapter. The said clerks shall issue licenses
under the teste of their office to all persons complying with the
provisions of this chapter, and shall sign the same. They shall
keep a correct and complete record of all licenses issued in a
book to be furnished by the commissioner, which record shall
remain in the clerk’s office, and be open to the inspection of the
public at all reasonable times. ,

28. Money received from licenses; how disposed of.—Clerks
shall retain five per centum of the money received for each
license issued by them, and shall pay the balance to the State
treasurer on the first day of each month, which amount shall be
covered into the game protection fund, and said clerks shall
report to the commissioner on the first day of each month the
number of licenses issued and the licensees and the amount of
money remitted to the State treasurer.

29. Owners and landlords may hunt on their own lands
without license.—All owners and landlords and members of their
families and tenants and renters, residing thereon, with the
consent of the land owners, may hunt upon their own or adjoin-
ing lands without license.

30. Licenses delivered to and returned by the clerks of the
circuit and corporation courts.—The commissioner shall deliver
to the clerk of the circuit court of each county and of the cor-
poration court of each city in the State, ten days before the first
of July in each year, as many licenses as may be required, and
shall charge said clerk with the number issued to him. Every
hunter shall carry his license with him at all times when hunt-
ing, where a license is required, and shall exhibit it to any officer
or any land owner requesting him to do so.

On the fifteenth day of June in each year, and within ten
days thereafter, each clerk shall return to the commissioner all
unused licenses and stubs of licenses issued.

31. Game protection fund created and disposed of.—All
moneys sent to the State treasurer in payment of hunting
licenses under the game laws of this State shall be set aside by
the State treasurer, and shall constitute a fund to be known as
the “game protection fund,” to be used for the payment of the
salaries, fees, and other expenses of the commissioner and
wardens herein provided; for study, propagation, preservation
and restocking of game animals, birds and fish, whether the
same be now found in this State or other new species introduced
into this State, which shall be done by and with the consent of
the governor, and for the destruction of wild birds or animals
that prey upon protected game animals or birds, and for such
other purposes as may be provided for by this act, upon proper
warrant from the commissioner, countersigned by the State
auditor. The expenses incurred for any purpose, or in conse-
quence of this chapter, shall be limited to the amount of money
in the game protection fund, and in no event shall the State pay
any such salaries or expenses, or be liable in any manner there-
for, except to the extent of such game protection fund, and the
commissioner shall not issue any voucher, nor shall the State
auditor approve any voucher if issued by said commissioner, for
any service or expenses of any kind, unless the money to pay
sch voucher shall, at the time, be on hand in the State treasury
to the credit of the game protection fund.

32. Hunting without license prohibited—Any person who
hunts outside of the limits of his own or the adjoining property,
except as provided in section 29 of this act, without first obtain-
ing a license permitting him to do so, or any non-resident of
the State or alien as hereinbefore provided who hunts in this
State, except on his own land, without a license as hereinbefore
provided, or who lends or transfers his hunting license to an-
other, shall be guilty of a misdemeanor, and upon conviction,
shall be punished by a fine of not less than five nor more than
twenty-five dollars, but any resident of the State may hunt upon
his own or the adjoining lands in season without obtaining a
license, and it shall be unlawful for any person to use or attempt
to use the license of another for hunting in this State, or for
any person to hunt upon the lands of any gun club, hunting or
fishing club, association or preserve, of whatsoever description.
public or private, as a member thereof or resident land own: r,
without having procured in the proper manner a license, nor
shall their memberships therein be construed to entitle them to
hunting or fishing privileges as a resident land owner or bona
fide tenant or lessee. :

33. Hunting on lands of another prohibited.—If the owner
of any premises shall post notices thereon, in conspicuous places,
stating that hunting thereon without written permission is pro-
hibited, then any person, who hunts on such lands, during that
current year without first having obtained from the owner or
agent thereof permission in writing to do so, shall be guilty of
a misdemeanor, and on conviction, shall be fined not less than
five nor more than twenty-five dollars; provided, that if the
owner or agent of such lands shall at the trial request the re-
mittance of the penalty, the trial judge shall so order. Pro-
vided that this section shall not apply to coon, opossum, beaver,
skunk, fox or deer hunters.
34. False statement as to procuring license.—Any person
who shall make to any officer authorized to issue a hunting
license a false statement, or change or alter his license in any
manner, shall be punished by a fine of not less than five nor
more than twenty-five dollars.

35. Corporation; service of warrant of arrest upon.—In
case of violation of the game laws of Virginia by a corporation,
the warrant of arrest may be read to the president, secretary, or
manager in this State, or to any general or local agent in any
county where the action or indictment is pending, and, upon the
return of such warrant so served, the corporation shall be
deemed in court, and subject to the jurisdiction thereof, and
any fine imposed may be collected by execution against the
property of said corporation, but this section shall’ not be con-
sidered to exempt an agent or employee from prosecution.

36. Officer failing to perform duty.—Any official, officer,
or warden who shall fail to perform any act, duty, or obligation
enjoined upon him by the provisions of the game laws of this
State shall be guilty of a misdemeanor, and, on conviction, shall
be punished by a fine of not less than ten nor more than one
hundred dollars.

37. Report of prosecutions to State commissioner.—Every
court or clerk of any court before whom any prosecution under
this chapter is commenced or shall go on appeal, and within
twenty days after trial or dismissal thereof, shall report in
writing the result thereof, and the amount of fine collected, if
any, to the commissioner, for the failure of any court or clerk
to comply with any provisions of this section, he shall forfeit
to the Commonwealth the sum of five dollars for each failure,
such sum to go to the credit of the game fund.

38. Cost of prosecution; how taxed.—When an arrest or a
prosecution for a violation of the game and fish laws by the
commissioner, or by any warden or other officer is had or insti-
gated, and the defendant is convicted, there shall be taxed as
costs in favor of the person making the arrest or instigating
the prosecution, a fee of two dollars and fifty cents. No such
fee shall be allowed in cases of acquittal. And in addition any
special warden or other officer or other person shall receive one-
half or fifty per centum of the actual cash fines collected from
the defendant, upon a conviction, to be paid by the officer mak-
ing the collection at the time of payment, in each prosecution
instigated by said warden, officer or other person, and in addi-
tion thereto such warden or other officer shall be paid the same
fees as other officers are paid for serving warrants, making
arrests, and serving subpoenas and summons, said fees to be
included in the costs taxed against the defendants and shall be
paid out of the game fund in the event of failure to convict or
if they cannot be collected from the defendant.

39. State treasurer’s report as to fund.—The State treas-
urer shall report on the first day of each month to the commis-
sioner the exact amount of money to the credit of the game
protection fund.

Judges’ special charges as to game laws.—The circuit
judges and the judges of concurrent jurisdiction shall give the
grand juries when empanelled the provisions of the game laws
strictly in charge and shall urge strict inquiry into infractions
thereof. Justices of the peace and circuit courts shall have con-
current jurisdiction for the trial of offenses against the game
laws of the State.

41. Certain laws repealed.—All laws or parts of laws, gen-
eral, special, or local, in conflict with the provisions of this
chapter, as to the game or inland fish laws, are repealed.

42. All laws and parts of laws, general, special, or local,
in conflict with the provisions of the federal migratory bird
laws are repealed: Provided, however, that nothing herein con-
tained shall be construed to repeal the laws creating the Eastern
shore of Virginia game protective association nor prevent the
said association from appointing and having control of the game
wardens in and for the counties of Accomac and Northampton
counties as now provided by law; provided, further, that noth-
ing herein shall be construed to repeal or conflict with “an act
to regulate the shooting and to prevent the destruction of wild
water fowl in the waters of Back bay and its tributaries; and
the lands adjacent thereto, in the county of Princess Anne, pro-
vided that no special or additional tax in addition to the State
and county tax provided by this act shall be required of citizens
cf this State, for the privilege of hunting in the county of
Princess Anne, approved March twenty-eighth, nineteen hun-
dred and fourteen,” nor with existing laws with reference to
the appointment and compensation of game wardens in the said
county of Princess Anne; and provided further, that all monies
collected by the clerks of the said counties for hunter’s licenses
shall be paid by the said clerks to the treasurer of the said
association, to be by it used in the enforcement of the game and
dog laws in force in the said counties.