Chap. 247.—An ACT to revise, simplify, arrange and consolidate into one act
the general game, inland fish and dog statutes of Virginia, which act shall
constitute and be designated and cited as “the game, inland fish and dog Code
of Virginia.” | [S B 119]

Approved March 24, 1930

Whereas, it is expedient to revise and simplify the general game,
inland fish and dog statutes of Virginia, arrange them in appropriate
chapters and sections, and consolidate them into a code, now therefore

1. Be it enacted by the general assembly of Virginia in the man-
ner following, that is to say:

Crapter 1.—Tie Game, INLAND Fist AND Doc Copr or VIRGINIA

Section 1. The game, inland fish and dog Code of Virginia —The
laws embraced in the following chapters and sections shall constitute,
and be designated and cited as “the game, inland fish and dog Code
of Virginia.”

CHAPTER 2.—COMMISSION OF GAME AND INLAND FISTITERIES

Section 2. Commission of game and inland fisheries; appoint-
ment of —The commission of game and inland fisheries heretofore
established for the purpose of the preservation and propagation of the
wild life of the State and for administering the provisions of the game,
inland fish and dog laws is hereby continued, and is hereinafter referred
to as the commission. Said commission shall consist of seven mem-
bers, to be appointed by the governor, subject to confirmation by the
senate, and each of such members may be removed from office during
their respective terms by the governor. The members of the com-
mission, who may be in office when this section takes effect shall con-
tinue therein until their respective terms expire unless sooner termi-
nated. One of the members shall be designated by the governor as
chairman and all members shall be appointed hereafter for terms of
one, two, three, four, five, six and seven years. Vacancies may be
filled by the governor, subject to confirmation by the senate.

Section 3. To be sworn into office and give bond—Each member
of the commission, before entering upon the discharge of his duties,
shall be sworn into office in the presence of the secretary of the Com-
monwealth, or such other officer as may be hereafter designated by
law to perform this duty of this office, who shall thereupon issue to
each of them a certificate designating each as a member of the com-
mission and also designating the chairman, each certificate to bear the
signature of the governor and be countersigned by the secretary of
the Commonwealth, or such other officer. The executive secretary,
whose appointment is hereinafter authorized, shall be sworn into office
in a similar manner and a certificate issued to him under the signature
of the chairman. Before entering upon the discharge of their duties,
the chairman and executive secretary shall execute bonds, payable to
the Commonwealth, in the penalty of five thousand dollars each, con-
ditioned for the faithful performance of their duties, with surety to
be approved by the attorney general, which bonds shall be filed in
the office of the secretary of the Commonwealth or such other officer.
The premium on said bonds shall be paid out of the game protection
fund.

Section 4. General powers of the commission.—In addition to
the specific authority elsewhere herein conferred the commission shall
have general power and authority to acquire by purchase, lease, ex-
change, gift or otherwise, such lands and waters anywhere in this
State as it may deem expedient and proper; to establish and erect
thereon and therein such buildings, structures, dams, lakes and ponds
as it may deem necessary and proper, and to conduct and carry on
such operations for the preservation and propagation of game birds,
game animals, fish and other wild life as it may deem proper to increase,
replenish and restock the lands and inland waters of the State; to pur-
chase, lease or otherwise acquire lands and waters for game and fish
refuges, preserves or public shooting and fishing, and to establish such
lands and waters under appropriate regulations. To acquire and intro-
duce any new species of game birds, game animals or fish on the lands
and within the waters in the State: to adopt such other means as it may
deem necessary to restock, replenish and increase any depleted native
species of game birds, game animals, or fish; to have educational matter
pertaining to wild life published and distributed ; to hold exhibits through-
out the State for the purpose of interesting school children, agricultu-
rists and other persons in the preservation and propagation of the wild
life of this State; to employ speakers and lecturers to disseminate
information concerning the wild life of the State and the protection,
replenishment and propagation thereof; and to have and to exercise
such other powers and to do such other things as it may deem advisa-
ble for the conservation, protection, replenishment, propagation of
and increasing the supply of game birds, game animals and fish and
other wild life of the State.

Section 5. Forest and watershed areas.—The commission is autho-
rized to exercise full control of the hunting and fishing rights and
privileges in and on all impounded water areas in this State resulting
from power development; and in all forest and watershed areas in
this State which are now owned, or which may hereafter be acquired,
by the United States government, subject to the rights and powers of
the United States department of agriculture therein. The commission
shall have the power to establish refuges, sanctuaries and public shoot-
ing and fishing preserves in said areas, under such regulations as it may
deem proper.

Section 6. State game sanctuaries——Any landowner may assign
the wild life rights on his land to the State and enter into an agree-
ment with the commission permitting it to use such land if it sees fit
as a State game sanctuary. Such agreement shall be for a period of
not less than five years. The said commission may permit such owner
to capture, kill, and dispose of any species of wild bird or wild animal
on such sanctuary under such regulations as it may adopt. All such
land shall be conspicuously posted as a State game sanctuary. The
commission may capture and remove any species of bird or animal
from said sanctuary for breeding and restocking purposes.

Section 7. Power to appoint agents for the sale of licenses and
permits.—The commission shall have power and authority to appoint
agents for the issuance and sale of the permits provided for in this
act. If the clerk of any court desires to be relieved of this duty, or
gives his consent thereto in writing, the commission shall have the
power and authority to require its agents also to sell hunting, trapping
and fishing licenses in the place of or in addition to the said clerk.
Such agents shall be subjected to the laws covering the issuance and
sale of licenses and the regulations of the commission as to the issuance
and sale of permits. The compensation of agents for issuing licenses
and permits shall be fixed by the commission but shall not be more
for issuing licenses than provided in this act for clerks of courts.
Before such appointment shall become effective, the agent shall deposit
with the commission a bond of a surety company entitled to do busi-
ness in this State, payable to the Commonwealth, in the penalty of one
thousand dollars, or such additional amount as the commission may
require, conditioned for the faithful performance of their duties.

Section 8. Administrative provisions, duties and powers of chair-
man, et cetera—The chairman is hereby vested with sole jurisdiction,
power and authority to enforce or cause to be enforced all laws for the
protection, propagation and preservation of game birds and game ani-
mals of this State and all fish in the inland waters thereof, which waters
shall be construed to mean and to include all waters above tidewater
and the brackish and fresh water streams, creeks, bays, including Back
bay, inlets, and ponds in the tidewater counties, and all dog laws. He
shall prosecute all persons who violate such laws and shall seize and
confiscate any and all game birds, game animals and fish that have been
illegally killed, caught, transported or shipped. The chairman shall
be the administrative head of the commission and, subject to the ap-
proval of the governor, may appoint an executive secretary, who shall
be selected with regard to the duties he is required to perform under
this act, and who may be removed from office by the chairman. When
the chairman is absent, he may confer authority upon the executive
secretary to do such acts as may be necessary to carry out the duties
imposed upon him. The term of office of the executive secretary shall,
unless he is sooner removed, run coincident with the term of the chair-
man making the appointment. In addition thereto the chairman may
employ such other persons as may be necessary to the administrative
requirements and designate the official position and duties of each.
The salaries of all such employees shall not exceed the amounts pro-
vided by appropriation or approved by the governor.

Section 9. Duties of executive secretary—The executive secretary,
under the direction of the chairman, shall have authority to suspend
any employee engaged in enforcing the hunting, trapping, inland fish
and dog laws, pending a hearing before the commission. He shall super-
vise the work of all such employees and require them to perform their
duties. The executive secretary is specially charged with the duty
of seeing that the fiscal affairs of the commission are in order; that
the vouchers and accounts are accurately kept and that remittances
are made to the State treasurer of all amounts due the game protec-
tion fund. Upon receipt from the comptroller, not later than the
tenth of the month following, of an itemized list of the amounts of
money, the date, sources and names of parties from which received,
which came into the hands of the State treasurer during the preced-
ing month for credit to the game protection fund, the executive secre-
tary shall promptly cause the same to be entered upon the books of
the commission to the credit of the accounts of the persons paying the
same, and perform other duties as directed by the chairman and com-
mission.

Section 10. Compensation of commissioner.—The salary of the
chairman shall be as fixed by appropriation not to exceed four thou-
sand dollars, in any one appropriation year, and the other members of
the commission shall be paid ten dollars per day for such time as they
actually serve, not to exceed, however, two hundred and forty dollars
in any one appropriation year. When required to be absent from their
homes on official business, the members of the commission shall be re-
imbursed for their actual and necessary traveling expense.

Section 11. Meetings of commission——The commission shall meet
once every three months beginning July first of each vear for the trans-
action of such business as the chairman may bring before it, but the
chairman may call other meetings if the same be necessary. The
chairman and two other members, or in the absence of the chairman,
the four other members shall constitute a quorum. In the event of
unavoidable absence of the chairman because of illness or other reason,
the governor shall designate some other member to act in place of
said chairman. Meetings shall be held in Richmond or at such other
places within the State as may be expedient.

Section 12. Audits and examinations——The minute books and
other records of the commission shall be open to examination by the
governor and auditor of public accounts, or their representatives, at
any and all times. The accounts of the commission shall be audited
in the manner provided for the audit of other State agencies. All
acts of the commission and its employees shall be subject to the review
and approval of the governor.

Section 13. Annual report to governor—The commission shall
make an annual report as of June thirtieth to the governor as soon
as practicable after the close of business each year, which report shall
contain an itemized statement of collections and disbursements, explana-
tory statistics, recommendations for legislation and such other matters
as the commission may desire to bring to the attention of the governor
and the general assembly. This report and the other printed matter
necessary to carry out the provisions of this act shall be printed under
the direction of the commission and paid for out of the game protec-
tion fund.

Section 14. Game protection fund created; disbursements there-
from.—The amount received by the State treasurer from the sale of
hunting, trapping and fishing licenses, the fifteen per centum dog fund
and such other items as may accrue to the commission shall be set
aside by him and shall constitute the game protection fund. This fund,
including any unexpended balance on hand at any time, shall be a
separate fund in the State treasury and shall be used for the payment
of the salaries, allowances, wages, and expenses incident to carrying
out the provisions of the hunting, trapping, inland fish and dog laws
and for no other purpose. The disbursements of the commission
shall be limited to the amount appropriated by the general assembly
from the game protection fund and in no event shall the State pay
obligations that may be incurred by said commission or be liable in
any manner therefor except to the extent of the game protection fund.
Accounts for salaries, allowances, wages, and expenses authorized by
the commission or chairman shall be certified to the comptroller for
payment as the commission may direct by resolution.

Section 15. Appointments of game wardens and their bonds.—
Subject to approval or ratification by the commission, the chairman
shall appoint not more than six supervising and such regular and
special game wardens as he may deem necessary to enforce the game,
inland fish and dog Jaws, which appointments shall be based upon a
practical knowledge of the bird, animal and fish life of the State, and
before making an appointment, the chairman may, in his discretion,
subject the applicant to an oral or written examination designed to
test his knowledge and fitness for the place. No person shall be ap-
pointed regular game warden who at the time of his application is
more than fifty years of age. Persons appointed shall be known as
game wardens and hold office during the pleasure of the chairman
appointing them or until their successors are appointed. Before enter-
ing upon the discharge of his official duty, each game warden shall
qualify by giving a 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 Commonwealth of Virginia, with suffi-
cient surety, to be approved by 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 him for malicious prosecution or for unlawful search, arrest or
imprisonment, and that he will faithfully perform all the duties enjoined
upon him by law. The clerk of the court shall at once deliver to the game
warden a certificate of qualification and the date thereof, which the
said game warden shall send to the commission promptly and he shall
thereupon be supplied with a badge or other credential of office. All
sheriffs, deputy sheriffs, constables, town marshals, town sergeants,
policemen, or other peace officers of this State, shall be ex-officio game
wardens. The terms of office of all present supervising wardens shall
expire July first, nineteen hundred and thirty.

Section 16. Duties and powers of game wardens.—Game wardens
shall have jurisdiction throughout the State in the enforcement of the
hunting, trapping, inland fish and dog laws and may serve original
and mesne process as sheriffs and constables in all matters arising
from violations of such laws. The game wardens shall assist the chair-
man in the discharge of his official duties and each regular and special
game warden shall be under the supervision of such supervising game
warden as the chairman may direct. The chairman and all game war-
dens are vested with the power and authority, upon displaying badge
or other credential of office, to arrest any person found in the act of
violating any of the provisions of the hunting, trapping, inland fish and
dog laws; to search any such arrested person, together with any box,
can, package, barrel or other container, hunting-bag, coat, suit, trunk,
grip, satchel or fish basket carried by, in the possession of, or belonging
to such person, and to enter and search any refrigerator, building, ve-
hicle, car, coach, depot, office, restaurant, cafe, hotel, or other place
of whatsoever nature in which the officer making such search has
reasonable ground to believe that the person arrested has concealed
or placed any wild bird, wild animal or fish, which will furnish evidence
of a violation of the hunting, trapping and inland fish laws, and such
search may be made without a warrant, except that a dwelling may not
be searched without a warrant. Any such box, can, package, barrel,
or other container, hunting-bag, coat, suit, trunk, grip, satchel or fish
basket containing any wild bird, wild animal or fish, or any part thereof,
which has been illegally taken, possessed, sold, purchased or trans-
ported, together with such wild bird, wild animal or fish, and any
unlawful gun, trap, net, or other device of any kind or nature for
taking wild birds, wild animals or fish which may be found by the
game warden shall be seized by him and held as evidence. The game
warden shall, while in and about the woods, fields or other lands in
the State, caution all persons of the danger from fires and extinguish
all fires left burning by any one, if within his power, and shall give
notice to any and all persons interested, when possible, of fires raging
beyond his control, to the end that the same may be extinguished.

Section 17. Compensation of game wardens; time employed.—
Game wardens shall not be entitled to receive arrest or witness fees
or fees of any other kind for prosecuting violations of the hunting,
trapping, inland fish and dog laws. They shall be employed for such
time and receive such salary, allowances, wages and expenses as the
commission may authorize.

Section 18. Report of game wardens.—The commission shall re-
quire regular and special game wardens receiving pay to file a weekly
report with his supervising game warden containing such information
as it may direct. Each game warden shall file a monthly report with
the commission on which he shall record: the days worked by him,
miles traveled, names of places visited or the territory covered, outline
of the activities engaged in and the time made for each day of the
month on official duty; the date and the number of arrests, names
of defendants, offense charged, status of case, and, if tried, the result
and amount of fine and cost or other penalty, forfeit, confiscation or
requirement; the number of dogs killed; names and addresses of
persons to whom the custody of stray unlicensed dogs are transferred,
names and addresses of owners to whom lost dogs are returned; and
such other information as the chairman may deem desirable. No
salary check shall be sent to any game warden until such report is
received. Special game wardens serving without pay shall report their
activities in such manner as the commission may prescribe at the end
of each quarter beginning July first of each year and any special war-
den failing to do so within ten days after the close of each quarter,
without excuse deemed sufficient by said commission, shall have his
certificate of appointment revoked. Printed forms for the weekly,
monthly and quarterly reports shall be furnished to the game wardens
by the commission.

CHAPTER 3.—LICENSE REQUIRED TO Hunt, Trap AND Fisu

Section 19. Unlawful to hunt, to trap, or to fish without license.—
It shall be unlawful to hunt, or to trap, except with box or rabbit traps,
or to fish in the inland waters of this State, with a rod and reel: or
by any other method whereby artificial lures or live minnows are
used, or to fish for brook or rainbow trout, without first obtaining a
license, provided that such license shall not be required as follows:

(a) Of resident landowners, their husbands or wives and their
children; non-resident children of resident landowners; non-residents
who own land in this State, their husbands or wives and their children;
and unnaturalized persons who own land in this State and their chil-
dren, to hunt, trap and fish within the boundaries of their own lands
and inland waters or to fish in inland waters bounding and adjoining
their said land.

(b) Of tenants, renters and lessees to hunt, trap and fish within
the boundaries of the lands and inland waters of their landlords or to
fish in inland waters bounding and adjoining said land; provided that
such tenant, renter or lessee actually resides upon said land and has the
written consent of the landlord to do so upon his person at the time.

(c) Of persons under sixteen years of age to fish in inland waters.

Nothing in this section shall be construed as authorizing any per-
son to hunt, trap, or fish upon the lands or in the inland waters of any
public or private gun club, association or preserve of any description
as a member thereof, or as a landowner, tenant, renter or lessee, without
having procured a license.

Section 20. Contents of licenses ; license buttons.---License to hunt,
trap and fish shall run and be valid from July first of each year to June
thirtieth of the following year, unless revoked in the manner herein-
after provided, and shall authorize the person to whom sold to exercise
the privileges therein described from such date of purchase as may
be on or succeeding July first until the expiration date of such license,
but only within the regulations and restrictions provided by law. Said
licenses shall be numbered and printed in such form as the commission
may determine. With each such license, the clerk or agent who issues it
shall deliver a license button bearing the same serial number that
appears on the face of the license.

Section 21. How to obtain license——-The clerk of the circuit
court of any county and the clerk of the corporation court of any city
and such other persons as may be otherwise designated by the com-
mission for the purpose shall issue the licenses and buttons herein
provided to all persons complying with the provisions of law and shall
date and sign the same. Any person may obtain license by making
oral or written application to any clerk or agent authorized to sell the
same, which application shall be accompanied by the purchase price
and shall set forth the following information: Whether naturalized
or unnaturalized, whether a resident or non-resident of this State, the
county or city of his residence, and, if a resident, the period of such
residence, his post office address, his occupation, age, height, weight,
color, color of hair, color of eyes, and, if for a county license, the name
of the county in which the applicant wishes to use it. Any person
authorized to issue licenses may require any applicant to satisfy him
that he is entitled to the license applied for.

Section 22. Persons entitled to county and State license—Any
person who has been a bona fide resident of this State for a period of
six months next preceding date of application and who was born in
the United States or who has been naturalized, or any unnaturalized
person who owns real estate in this State and who has actually resided
in this State for a period of five years or more next preceding date of
application, shall be entitled to a county or State license upon comply-
ing with the provisions of law. Any person commissioned or enlisted
in the army, navy, or marines of the United States, while stationed
or located in Virginia, may obtain license by paying the same fees as
are charged residents of this State; provided, however, that this shall
not be construed to apply to any employee of the Federal government
other than those regularly commissioned or enlisted in the military or
naval service of the United States.

Section 23. Prices of licenses.—Licenses shall be sold for the fol-
lowing prices:

(a) County license to hunt, trap and fish, within the regulations
and restrictions provided by law, in the county named on the face
thereof, price one dollar.

(b) State license to hunt, trap and fish, within the regulations and
restrictions provided by law, in any and all counties of this State, price
three dollars. ,

(c) Non-resident license to hunt, trap and fish, within the regu-
lations and restrictions provided by law, in any and all counties of this
State, price fifteen dollars and fifty cents.

(d) Non-resident license to fish only, within the regulations and
restrictions provided by law, in all inland waters of this State, price
five dollars.

Section 23%. Aliens required to obtain non-resident license-—Any
unnaturalized person who does not own real estate in this State and
who has not actually resided in this State for a period of five years
or more next preceding the date of application for license shall be
required to obtain a non-resident license.

Section 24. Licenses for United States field inspectors and certain
officials —The commission is authorized to issue non-resident hunting
and fishing licenses to the field inspectors of the United States bureau
of biology survey and the United States bureau of fisheries and public
officials of other states engaged in conservation work; provided that
not more than fifty such complimentary license shall be issued in any
one license year.

Section 25. Carrying licenses and displaying buttons.—Every per-
son to whom a license is issued shall wear the button supplied there-
with in plain view and shall carry said license upon his person at all
times while hunting, trapping or fishing and shall show the same imme-
diately upon the demand of any officer whose duty it is to enforce the
game and inland fish laws, or upon the demand of any owner or lessee,
or of any employee or representative of such owner or lessee, upon
whose lands or waters such person may be hunting, trapping or fish-
ing. Failure to exhibit license and button upon demand of any game
warden or other officer shall be a misdemeanor and prima facie evi-
dence that such person is hunting, trapping or fishing without license.

Section 26. Unlawful acts and penalties ——It shall be unlawful for
any person to make a false statement in order to secure a license or
button, or to alter, change, borrow, or lend or attempt to use, borrow
or lend a license or button of another. Any person violating this pro-
vision shall pay a fine of not less than ten nor more than one hundred
dollars. Any person convicted of hunting, trapping or fishing without
license, when license is required, shall pay a fine of not less than ten
nor more than one hundred dollars, and such additional amount as is
necessary to purchase the license which he should have had with which
amount the license shall be purchased and it shall be discretionary with
the court as to whether such license is delivered to the offender or
revoked. The purchase of a license subsequent to an arrest, notice or
summons to appear in court for hunting, trapping or fishing without
license shall not operate to relieve said person from the penalties herein
provided.

Section 27. Revocation of license.—I{ any person be found guilty
of knowingly violating any of the provisions of the hunting, trapping
or inland fish laws, the license issued to said person shall be revoked
by the court trying the case and he shall not apply for a new license
until twelve months succeeding date of conviction. If found hunting,
trapping, or fishing during said prohibited period, such person shall
pay a fine of not less than fifty dollars nor more than one hundred
dollars. Licenses revoked shall be sent to the commission.

Section 28. Record of, delivery and return of licenses-——-The com-
mission shall send to each clerk or agent on or before June twenty-
fifth of each year as many licenses and buttons as it may deem neces-
sary and shall charge him with the number sent. The clerk or agent
shall keep a correct and complete record of all licenses and buttons
issued, in a book to be furnished by the commission, which record
shall remain open to inspection by the public at all reasonable times.
Clerks and agents shall return all unsold licenses and buttons and
the stubs of licenses sold on July first of each year, or within ten days
thereafter, to the commission.

Section 29. Compensation for issuing licenses; reports required.—
The gross amount of money received for licenses issued under this act
shall be paid into the treasury of Virginia by each clerk or agent and
he shall receive for such service fifteen cents for a county license, and
twenty cents for all other kinds of licenses issued by him, payable
by the treasurer of Virginia, on warrant of the comptroller, after audit
by the commission of the amount due, and there is hereby appropriated
out of such gross receipts such sum as may be necessary for this pur-
pose. When remitting to the State treasurer each clerk or agent shall
make a report to the comptroller on form provided by him, a copy of
which he shall send the commission, which shall show the serial num-
bers and quantity of licenses of each kind received, sold and on hand
unsold, the amount of gross collections for each kind and the grand
total remitted to the State treasurer. Upon receipt into the treasury of
such sums the comptroller shall pass the same to the credit of the
gaine protection fund. For failure to make report and remit the
amount due within thirty days after the same should be made the
clerk or agent shall forfeit the compensation due him for issuing
licenses on such report. Nothing herein shall require the clerk or
agent to report or remit his fees for exchanging licenses, issuing license
certificates and duplicate buttons. The reports to the comptroller and
commission and the remittances to the State treasurer shall be made
as follows:

(a) For July, August and September, quarterly, not later than
October fifth.

(b) For October, November and December, monthly, not fater
than the fifth of the succeeding month.

(c) For January, February and March, quarterly, not later than
April fifth.

(d) For April, May and June, quarterly, not later than July
fifth.

Section 30. Exchanging licenses, issuing license certificates and
duplicate buttons; fees therefor—The following shall govern the ex-
change of licenses, issuance of license certificates and duplicate buttons:

(a) Exchanging licenses——Any clerk or agent is authorized to
exchange a county license or a non-resident fishing license and respect-
ively issue in lieu thereof a State license or a non-resident license to
hunt, trap and fish; provided that the license received in exchange was
issued by him. ‘The difference between the value of the licenses shall
be paid by the applicant, plus a fee of twenty-five cents to the clerk
or agent. |

(b) License certificates and duplicate buttons—If a license be-
comes lost or destroyed it shall be the duty of the person to whom
issued to immediately apply to the clerk or agent who issued the same
for a license certificate, and, if a button shall become lost or destroyed,
he shall apply in a similar manner for a duplicate button. Upon afh-
davit that the original license or button has become lost or destroyed,
the clerk or agent shall respectively issue a license certificate or dupli-
cate button and endorse the number of the original license or button
thereon. The fee of the clerk or agent for acknowledging the affidavit,
exchanging a license, issuing a license certificate or duplicate button
shall be twenty-five cents and shall be paid by the applicant.

(c) Return of spoiled licenses, forms provided, et cetera.—Spoiled
licenses, licenses exchanged, and affidavits covering license certificates
and buttons issued shall be attached to the report of the clerk or agent
and sent to the commission, proper deductions from the gross amount
being made therefor. The commission shall furnish the duplicate but-
tons and forms of affidavits and license certificates required by this
section.

CHAPTER 4.—PERMITS REQUIRED

Section 31. Permit required to breed wild birds, wild animals and
fish.—Any person or firm who desires to engage in the business of rais-
ing wild birds, wild animals and fish to be sold exclusively for restock-
ing and propagation purposes shall first apply to the commission for
a permit to do so. ‘The applicant shall state whether or not he, and
if a firm, as to any member thereof, has ever been convicted of violat-
ing the game or inland fish laws, and if so, when and where and the
nature thereof, and such other information as the commission may
require on application blank supplied by it, which application shall be
accompanied by a fee of twenty-five dollars. If an offense has been
committed, the commission, in determining whether such permit should
be granted or refused, shall consider the gravity of the same and if it
is satisfied that such offending person or firm, or other person or firm
applying will abide by the laws for the protection of wild birds, wild
animals and fish and that such permit will not be used as a means of
or as a pretext for violating the game or inland fish laws it may grant
the permit to breed wild birds, wild animals and fish and to sell the
same for restocking and propagation purposes only. The commission
shall authorize the permittee, by such means or in such manner as it
may determine, to acquire a reasonable number of breeding stock to
conduct the operations and shall adopt such regulations governing the
conduct of the business as it may deem necessary to safeguard the
wild life interests of the State. Such regulations shall be fully ex-
pressed in and be a part of such permit. The permit shall run and be
valid from July first of each year to June thirtieth of the following
year. The game warden of the county wherein the permittee is located
is specifically charged with the duty of seeing that the regulations of
the commission for the conduct of such business are strictly complied
with and if such game warden fails to do so he may be removed from
office. Violation of any regulation for the conduct of the business
shall be deemed a misdemeanor and any person or firm convicted
thereof shall be fined not less than twenty-five nor more than one
hundred dollars and his permit shall be revoked by the trial court
or commission and he shall not for a period of three years be granted
a new permit for such purpose.

Section 32. Other permits—Any person or firm who is qualified
to and who desires to exercise the privileges of any of the following
permits shall first apply to the commission for a permit to do so on
form supplied by it for the purpose and it shall be unlawful to do so
until such permit is granted. The permits, unless otherwise provided,
shall run from July first to June thirtieth of the following year and
shall be issued under such regulations as the commission may deem
necessary to safeguard the wild life interests of the State, which regu-
lation shall be expressed in and be a part of the permit. Permits (d),
(e), (f) and (g) are discretionary with the commission. The viola-
tion of any such regulation shall be deemed a misdemeanor and upon
conviction any person found guilty shall pay a fine of not less than
ten nor more than one hundred dollars and his permit shall be revoked.

(a) To engage in buying and selling the hides and fur of wild
animals within the borders of this State by personal canvass or from a
fixed place of business; State permit for any and all counties in the
State, twenty-five dollars; county permit, for the county named on
the face thereof, ten dollars, and for each additional county, five dol-
lars; non-resident county permit, for the county named on the face
thereof ; seventy-five dollars and for each additional county five dollars.
No charge for a permit shall be made to a properly licensed resident
merchant actually doing business in this State from a fixed location
and no such permit shall be required of the hunter or trapper actually
killing or trapping the animal from which the hide or fur was taken.
Every person or firm who buys and sells furs in Virginia shall report to
the commission .on July first, or within ten days thereafter, for the
twelve months ending June thirtieth of each year, the total amount
paid for furs or hides, the species of animals from which taken, the
number of each and other information required by the commission.

(b) To engage in the business of raising foxes and rabbits or
hares, other than the native Virginia species, for the sale of their fur
or carcass, permit five dollars; provided that this shall not in any
way be construed to apply to persons having foxes and hares or rab-
bits for their own use or as pets.

(c) Toa resident only to engage in seining or netting black bass
not Jess than twelve inches long from the waters of Back bay, Princess
Anne county, from October twenty-fifth to March thirty-first, both
days inclusive, of each year or to buy and sell the same, no charge tor
permit. |

(d) Toa resident only to catch fish in inland waters with a tyke,
permit, one dollar; with a gill net, permit one dollar; with a dip net,
permit one dollar; with a haul seine, permit two dollars and fifty cents.

(e) Toa person of known scientific attainment in ornithology, the
agent of a public museum or a teacher of ornithology, authorizing
the taking of a limited number of wild birds, their nests and eggs
therein for scientific use and study; no charge for permit.

(f) Toa resident only to capture and hold in captivity wild birds
and animals and fish for breeding and liberation of those raised in the
hunting fields and inland waters for the purpose of increasing the
supply, no charge for permit.

(g) Toa resident only to capture and hold in captivity in winter
weather wild birds and wild animals which must be properly fed, pro-
tected and kept alive and liberated when and as the commission may
direct, no charge for permit.

CHapter 5.—GENERAL GAME AND FisH LAws

Section 33. Power to regulate taking wild birds, wild animals and
fish—Having a due regard for the distribution, abundance, economic
value and breeding habits of wild birds, wild animals, and fish in inland
waters, the commission is hereby vested with the necessary power and
authority to determine when, to what extent, if at all, and by what
means it is desirable to restrict, extend or prohibit in any degree the
provisions of law obtaining in any county in this State for the hunt-
ing, taking, capture, killing, possession, sale, purchase, shipment, trans-
portation, carriage or export of any wild bird, wild animal, or fish
from inland waters and may upon its own motion or upon written
petition of one hundred licensed resident land owners of any county
propose regulations for such purpose. The full text of any regula-
tions proposed shall be published ten days before the same may be
acted upon and shall name the time and place that the matters men-
tioned therein will be taken up, at which time any interested citizen
shall be heard. Such publication shall be made in a newspaper pub-
lished in the county, and, if there be none such, in a newspaper in the
adjoining county or section or in such other manner as may be con-
venient. If the commission is satisfied that the proposed regulation,
or any part thereof, is advisable, such regulation, or any part thereof,
may be adopted and if so, it shall be published in the manner directed
for proposing the same and shall name the date when it is to become
effective. It shall be a misdemeanor to violate such regulation, or any
part thereof, and any person convicted of such violation shall be fined
not less than ten nor more than one hundred dollars and may be sen-
tenced to thirty days in jail, either, or both. A copy of any regulation
adopted by the commission shall be mailed to the clerk of the circuit
court, who shall make a record thereof and cause the same to be posted
in front of the courthouse of said county.
Section 34. Closing season in extreme weather.— In extreme
weather threatening the welfare of wild birds and wild animals, the
commission may close the open season at once in any county and give
notice of such action in such manner as may be convenient.

GAME LAws

Section 35. Unlawful to hunt, trap, possess, sell or transport wild
birds and wild animals except as permitted—Unless and until other-
wise provided by a regulation of the commission, after a public hear-
ing in accordance with the provisions of this act, it shall be unlawful
for any person to shoot any game on Sunday; to track or hunt elk,
deer, rabbit, turkey, bobwhite quail, ruffed grouse, or woodcock in
the snow; to bait wild turkeys to a blind or other place; to molest any
elk or deer while in the waters of any stream, lake or pond; to use a
power boat or other floating device for the purpose of concentrating,
driving. rallying, or stirring up migratory waterfowl; for more than
four persons to use, occupy, or to shoot from the same blind or other
device at the same time at any species of game birds; to destroy the
nests, eggs or young of any wild bird or animal, or to hunt, trap, take,
capture, kill, attempt to take, capture or kill, possess, offer for sale, sell,
offer to purchase, purchase, deliver for shipment, ship, cause to be
shipped, deliver for transportation, transport, cause to be transported,
carry, or cause to be carried by any means whatever, receive for ship-
ment, transportation or carriage, or export, or import at any time or
in any manner, any wild bird or animal or the carcass or any part
thereof, except as specifically permitted by this act and only by the
manner or means and within the number stated; and it shall be unlaw-
ful for any person to set a trap upon the lands or waters of another
unless his name and address is attached thereto or to set a trap in
the open where it would be liable to injure persons, dogs, stock or
fowl and the like, or to fail to visit said trap at least once in every
twenty-four hours, removing any animal or fowl caught therein and
forthwith make a written report to the landowner of each head of
stock, dog or fowl caught, and the date. The trapper shall be respon-
sible for all damage done by said trap and any person finding a trap
set contrary to the provisions of this section may destroy the same.
The provisions of this act shall not apply to the blackbird, buzzard,
crow, English sparrow, eagle, hawk, jaybird, owl, starling, bobcat and
weasel, on which there shall be an indefinite continuous open season.

HUNTING

Section 36. Open season for, method of taking non-migratory game
birds and game animals and bag limit—-The open season during which
it shall be lawful to take the non-migratory game birds and game
animals named in this section by shooting with a gun of a size not
larger than number ten gauge, or a rifle, fired from the shoulder, and
with or without the aid of a dog, and the bag limit a person may take
in any one day, between one-half hour before sunrise and one-half
hour after sunset, and in any one open season, including the first and
last days thereof, shall be as follows:

Wild turkeys——-November fifteenth to January thirty-first; limit
two a day—four a season.

Ruffed grouse-——November fifteenth to January thirty-first; limit
four a day—twenty a season. !

Bobwhite quail.—November fifteenth to January thirty-first; limit
fifteen a day—one hundred and fifty a season.

Hungarian partridge—No open season.

Pheasants, ringneck, golden and silver.—No open season.

Elk, with horns visible above the hair only——December fifteenth
to December thirty-first; limit one a season.

Adult black bear only—November fifteenth to January thirty-first ;
no limit.

Deer, with horns visible above the hair only—November fifteenth
to December thirty-first ; limit one a day and two a season.

Rabbits—November fifteenth to January thirty-first; limit ten a
day—one hundred and fifty a season.

Squirrels—September first to January thirty-first; limit ten a day
—one hundred and fifty a season.

EXEMPTIONS

(a) Elk may be killed at any time by the owner, tenant, renter or
lessee of any land when such elk are found doing damage to crops
or fruit trees growing thereon, but no such elk shall be killed except
while actually upon said land. Any person killing an elk under this
provision shall forthwith report the same to the game warden of his
county.

(b) Black bear may be killed by any person when such animal
is inflicting or attempting to inflict an injury to the person or property
of anyone or in a pursuit commenced within twenty-four hours after
the commission of such offense. Any person killing a bear under this
provision shall forthwith report the same to the game warden of his
county.

(c) The open season and bag limit for rabbits and squirrels shall
not apply to resident landowners, their children and their tenants resid-
ing upon the premises and resident members of hunt clubs who own
the land in fee, either jointly or through a holding corporation; but
shall apply to all other persons, except that when squirrels are damaging
crops, and rabbits are damaging fruit trees or crops, the owner of
such premises may have rabbits killed during the closed season.

Section 37. Open season for, method taking migratory game birds,
and bag limit—vThe open season during which it shall be lawful to take
the migratory game birds named in this section from the land and
water, from a blind or floating device (other than an airplane, power
boat, sail boat, or any boat under sail), by shooting with a gun of a
size not larger than number ten gauge, fired from the shoulder and with
or without the aid of a dog and with or without the use of decoys and
the bag limit that a person may take in any one day, between o
hour before sunrise and sunset, and in any one open season, in
the first and last days thereof, except that no waterfowl s|
hunted or killed east of the Blue Ridge mountains on Wednesdz
Thursdays, shall be as follows:

Swan, wood ducks and eider ducks——No open season.

Ducks, except wood ducks.—November first to January thirt
limit twenty-five of all kinds a day—-three hundred and fifty a

Geese.—November first to January thirty-first; limit eight a
fifty a season.

Brant.—November first to January thirty-first ; limit eight a
thirty a season.

Coot.—November first to January thirty-first; limit twenty
day—two hundred and fifty a season.

Sora.—September first to November thirtieth: limit twer
a day—five hundred a season.

Rails and gallinules, except coot and sora——September f
November thirtieth; limit twenty-five in the aggregate of all
(but not more than fifteen of any one species) a day-—two hundr
hfty a season.

Plovers, blackbellied and golden—No open season.

Wilson or Jacksnipe-——-November first to January thirty-first
twenty-five a day—two hundred and fifty a season.

Woodcock.—November fifteenth to December fifteenth > lina
1 day—twenty-five a season. .

Yellowlegs, greater and lesser—August sixteenth to Nov
hirtieth ; limit fifteen in the aggregate a day—-two hundred an
2 season.

Doves, Carolina or mourning— September first to Dec
ifteenth ; limit twenty-five a day—-two hundred and fifty a seas

Should the United States regulations concerning the open ;
ind daily bag limit of the above-named species of migratory bit
hanged, the provisions of this section shall be automatically ch
o conform with the regulations of the United States.

TRAPPING

Section 38. Open season for, method of taking furbearin;
airbearing animals, and bag limit—The open season during wh
hall be lawful to take the furbearing and hairbearing animals r
n this section by trapping and the bag limit that a person may
1 any one day and in any one open season, including the first an
ays thereof, shall be as follows:

Bear.—November fifteenth to January thirty-first; no limit.

Fisher.—November fifteenth to January thirty-first; no limit

Fox.—November fifteenth to January thirty-first; no limit.

Mink.—November fifteenth to January thirty-first; no limit.

Muskrat——December fifteenth to March thirty-first; no lim

Opossum.—November fifteenth to January thirty-first; no lim
Otter—November fifteenth to January thirty-first; no limit.

Rabbits——November fifteenth to January thirty-first; limit ten a
day—one hundred and fifty a season.

Raccoon.—November first to January thirty-first; no limit.

Sktunk.—November fifteenth to January thirty-first; no limit.

EXEMPTIONS

Nothing in this section shall prohibit a landowner from trapping in
a lawful way for furbearing or hairbearing animals upon his own
land at any time of the year.

Fisu [Laws

Section 39. Unlawful to catch, possess, sell or transport fish except
as permitted—Unless and until otherwise provided by a regulation
of the commission, after a public hearing in accordance with the pro-
visions of this act, it shall be unlawful for any person to catch any
fish in inland waters other than shad, herring or mullet, except by
fishing with a hook and line or rod and reel, held in the hand, or to
catch, trap, take, capture, kill, attempt to take, capture or kill, possess,
offer for sale, sell, offer to purchase, purchase, deliver for shipment,
ship, cause to be shipped, deliver for transportation, transport, cause
to be transported, carry or cause to be carried, by any means whatever,
receive for shipment, transport or carriage, or export, or import at
any time or in any manner any species of bass or trout, or the carcass
or any part thereof, except as specifically permitted by this act and
only by the manner or means and within the numbers stated.

Bass AND TrouT FISHING

Section 40. Open season; method of taking bass and trout, bag
and size limit——The open season during which it shall be lawful to
take any species of bass or trout from the inland waters of this State,
but only by angling with hook and line, attached to a rod or pole,.
either with or without a reel, and with or without the aid of a hand
landing net, and the bag and size limit a person may take in any one
day or in any one open season, including the first and last days thereof,
shall be as follows:

Bass, except rock bass, or redeye.—June fifteenth to March fif-
teenth; bag limit fifteen a day—one hundred and fifty a season: not
less than ten inches in length from tip of nose to tip of tail.

Rock bass, or redeye.—July first to March fifteenth; bag limit
fifteen a day—one hundred and fifty a season; not less than six inches
in length from tip of nose to tip of tail. ,

Trout, any species —April first to June fifteenth; bag limit twenty
a day—two hundred a season ; brook, or mountain trout, not less than
seven inches in length, and any other species of trout not less than
eight inches in length from tip of nose to tip of tail.
EXEMPTION

The owner, or lessee, of any private pond stocked by himself may
capture bass and trout of any species therefrom for his own use at
any time. The season for seining and netting bass from Back bay
and the sale thereof shall be as prescribed in section thirty-two, sub-
section “c” of this act. |

Section 41. Dams, and fish ladders; inspection of —Any dam or
other thing in a water course, which obstructs navigation or the passage
of fish, shall be deemed a nuisance, unless it be to work a mill, manu-
factory or other machine or engine useful to the public, and is allowed
by law or order of court. Any person or corporation owning or hav-
ing control of any dam or other obstruction in any of the streams of
this State above tidewater which may interfere with the free passage
of fish, shall provide every such dam or other obstruction with a suit-
able fish ladder, so that fish may have free passage up and down said
streams during the months of March, April, May and June of each
year, and maintain and keep the same in good repair, and restore it in
case of destruction; provided, however, that this section shall not
apply to the Meherrin river within the counties of Brunswick and
Greensville, nor to the Meherrin river within or between the counties
of Lunenburg and Mecklenburg, nor to the Nottoway river between
the counties of Lunenburg and Nottoway, nor to any streams within
the counties of Lunenburg, Mecklenburg, Iouisa, Buckingham, Hali-
fax, Montgomery, Pulaski, Franklin, Russell, Tazewell, Giles, Bland,
Craig, Wythe, Carroll and Grayson, nor to that part of any stream
that forms a part of the boundary of Halifax and Franklin counties:
provided, however, that no fish ladders shall be required on dams
twenty feet or more in height or on such dams as the commission may
deem it unnecessary on which to have ladders. Any person, firm or
corporation failing to comply with this provision shall be fined one
dollar for each day’s failure; and the circuit court of the county or
the corporation court of the city in which the dam is situated, after
reasonable notice, by rule or otherwise, to the parties or party interested
and upon satisfactory proof of the failure, shall cause the fishway to
be constructed, or put in good repair as the case may be, at the expense
of the owner of the dam or other obstruction. It shall be the duty
of the game warden to make a personal inspection of dams and rivers
in his respective county or city in the months of April and October
of each year and report to the circuit court of the county or the cor-
poration court of the city any violation of this section.

Section 42. Prohibition against use of substances injurious to fish.
—It shall be unlawful to use fish berries, lime, giant powder, dynamite,
or any other substance for the destruction of fish, or knowingly cast
any noxious substance or matter into any water course of this State
by which fish therein or fish spawn may be destroyed, or to place or
to allow to pass into the water courses of the State any sawdust,
ashes, lime, gas, tar, or refuse of gas works, injurious to fish; provided,
however, that Giles, Bland and Franklin counties are exempt from the
prohibition of permitting sawdust to be put in her water courses when
a saw mill is run in connection with a grain mill, and permanently
located in a stream of water used as power toward the operation of
the said mill, and provided, further, that the sawdust pollution from
such operation is not sufficient to destroy fish or fish spawn. Provided,
however, in Amherst and Nelson counties it shall not be unlawful to
run sawdust in parts of streams not inhabitated by trout. Any per-
son violating any of the provisions of this section shall, on conviction
thereof, be fined for each offense not less than twenty-five nor more
than two hundred and fifty dollars, and be imprisoned in jail until the
fine is paid, but not exceeding thirty days.

OTHER PROVISIONS

Section 43. Possession of game birds, game animals, furbearing
and hairbearing animals or fish—When taken in accordance with the
provisions of this act, each species of wild bird, wild animal or fish
may be possessed any day during the open season in this State, and for
an additional period of ten days next succeeding such open season ;
provided that the skins of game birds or fish, the plumage of game
birds and the skins or horns of game or furbearing or hairbearing
animals may be kept in possession indefinitely.

Section 44. Sale of rabbits, squirrels, et cetera——When taken in
accordance with the provisions of this act wild rabbits, squirrels or
muskrats may be bought and sold during the open season only but the
hides and skins of wild furbearing and hairbearing animals may be
bought and sold at any time.

Section 45. Carriage and shipment of game birds, game animals
or fish——When taken in accordance with the provisions of this act wild
birds, wild animals or fish or parts thereof may be transported as
follows :

(a) By any person properly licensed, for lawful use (either in his
personal possession or as his baggage, on the same conveyance with
him, exposed to view and plainly labeled or tagged with his name and
address) in or out of the county where taken to another county in this
State or to another State during the open season in the county where
taken, but not more than the number thereof that may be taken in two
days by one person in the county where taken may be so transported
by him in one calendar week.

(b) By any person properly licensed via freight, express, parcel
post or airplane mail (as a gift and not for market or sale, so stating
on the shipping tag) in or out of the county where taken to another
county in this State or to another State during the open season in the
county where taken, but not more than the number thereof that may
be taken in one day by one person in the county where taken may be
so transported in one calendar week; any such birds or animals or fish
or parts thereof in transit during the open season may continue in tran-
sit, not to exceed five days, necessary to deliver the same to their destu-
nation and any package in which birds or animals or fish or parts
thereof are transported shall have the name and address of the shipper
and consignee and a statement of the numbers and kinds, of birds,
animals or fish contained therein clearly and conspicuously marked on
the outside thereof. ,

Section 46. Importation of game birds, game animals or fish.—
Birds and animals may be imported from other States during the open
season in such State and upon arrival in Virginia shall be subject to
the laws governing such birds and animals in this State; provided that
licensed resident returning to Virginia may bring in (either in his per-
sonal possession or as his baggage, on the same conveyance with him,
exposed to view and plainly labeled or tagged with his name and
address), game or fish legally taken in another State, but limited to the
quantity he could take in two days in Virginia and nothing herein
shall be construed to prevent such game or fish being transported in
unbroken packages from beyond the confines of this State through
the same to another State.

Section 47. Penalty for violations——Any person violating any of
the provisions of hunting or trapping or inland fish laws shail be
deemed guilty of a misdemeanor and upon conviction shall, unless
specific penalty is otherwise provided, pay a fine of not less than five nor
more than fifty dollars and may be imprisoned in jail not exceeding
thirty days, either or both. Any person killing a deer or elk which
does not have horns visible above the hair shall be fined ten dollars and
an additional sum of twenty-five dollars if he fails to deliver the same
immediately to the game warden in the county where killed, whereupon
it shall be deemed confiscated; any person exceeding the provisions as
to bag limit shall pay a fine of not less than ten dollars for each turkey,
fifty dollars for each deer or elk, and five dollars for each other species
of bird or animal and each bass or trout so taken; any person who
shall offer for sale, sell, offer to purchase, or purchase any wild bird
or wild animal or any part thereof or any bass or trout, except as herein
provided shall pay a fine of not less than ten dollars for each turkey,
twenty-five dollars for each deer, and five dollars for each other. species
of wild bird or wild animal or bass or trout and may be imprisoned
in jail thirty days, either or both; provided that for the second offense
of unlawfully selling game or game fish the jail sentence shall be
mandatory.

Section 48. Bounties on predatory animals and birds.—The boun-
ties on all or any species named in this section may be paid out of the
dog license fund of the county in which the bird or animal is killed,
provided that the provisions of this section shall not become effective
in any county unless and until accepted and adopted by a formal reso-
lution of its board of supervisors, duly entered in the minute book
thereof.

Sharp-shinned hawk, each, fifty cents.

Goshawk, each, fifty cents.

Cooper’s hawk, each, fifty cents.

Great horned owl, each, fifty cents.
Crows, provided they be killed in April, May, June, July, August
or September, each, fifteen cents.

Bobcats or wildcats, each, five dollars.

In order to be entitled to the bounties herein provided, an applicant
shall produce the head of the animal or bird before the clerk of the
county in which said animal or bird was killed and make affidavit that
the said animal or bird is of a species on which a bounty is payable and
that it was killed in that county; in the case of a crow, the applicant
shall also make affidavit that the said crow was killed in the month of
April, May, June, July, August or September, as the case may be. No
payment shall be made for the killing of crows after the tenth day of
October in any vear. No charge shall be made by the clerk for taking
such affidavit. If in his judgment the species named in the affidavit
has been correctly identified and is one named herein on which bounties
shall be paid, the clerk shall issue an order on the county treasurer in
favor of the applicant for the specified amount, naming the species for
which payment is approved and the number of each species, and the
said treasurer shall honor the said order upon presentation and charge
the same to the dog license fund. For the purpose of keeping a record
of such transactions the clerk shall issue his order upon a printed form.

Section 49. Consent of landowner required to hunt, trap or fish—
Any person who shall go upon the private lands, waters, ponds, boats
or blinds of another to hunt, trap or fish without the consent of the
owner or other person having the legal right to grant the same shall
be deemed guilty of a trespass against said owner. The above shall
not apply to bona fide fox hunters and deer hunters where the chase be-
gins on other lands or to uninclosed mountain lands not used for cultt-
vation, except in the counties of Giles, Craig, Bland, Bath, Alleghany
and Highland, and in the mountains in the western part of Rockingham
county. On written request of the owner or agent, a game warden or
other officer shall arrest and prosecute the offender for such trespass.
If any person, after being warned not to do so by the owner or his
agent, again goes upon the property of another for hunting, trapping
or fishing he shall be deemed guilty of a misdemeanor and shall be
punished by a fine not exceeding one hundred dollars or sentenced to
not more than thirty days in jail, either, or both.

Section 50. Penalties for certain offenses-—It shall be unlawful
for any person, including the owner, to trespass or hunt upon a pri-
vately owned State game sanctuary or permit his dog to do so; to
violate any regulation of the commission concerning refuges, sanc-
tuaries and public shooting or fishing preserves in impounded waters
or in forest and watershed areas owned by the United States govern-
ment or to damage the boundary enclosure of or enter a game refuge
owned, leased, or operated by the commission for the purpose of mo-
lesting any bird or animal, or permit his dog or live stock to go thereon,
or fish or trespass with intent to fish upon any waters or lands being
utilized for fish propagation, or damage or destroy any pond, pool,
flume, dam, pipeline, property or appliance belonging to or being uti-
lized by said commission, or interfere with, obstruct, pollute, or dimin-
ish the natural flow of water into or through a fish hatchery. Any
person convicted of any offense hereunder shall be deemed guilty of
a misdemeanor and he shall be punished by a fine of not less than
twenty-five nor more than one hundred dollars or be sentenced to jail
not exceeding sixty days, either, or both, and shall be responsible for
all damage; provided, however, that the minimum fine for permitting
a dog to go on a sanctuary or refuge shall be five dollars.

Section 51. Unlawful devices to be destroyed—Any gun, trap,
net, or other device of any kind or nature for taking wild birds, wild
animals, or fish, except as specifically permitted in this act, or by a
regulation of the commission shall be considered unlawful and, upon
satisfactory evidence of the guilt of the owner or user and of the un-
lawful nature of the article seized, the trial court shall fine the owner
or user not less than twenty-five nor more than one hundred dollars
and forfeit such device to the Commonwealth of V irginia, whereupon
it shall be destroyed by the game warden. If the owner or user of
such article cannot be located within thirty days, the game warden
shall destroy the same. The possession of any gun, trap, net, or other
device not permitted by law to be used, under circumstances which may
be deemed suspicious, shall be prima facie evidence of the guilt of the
person in whose possession the same is found. Unlawful fixed de-
vices may be destroyed by the game warden at the place where the
same are found. |

Section 52. Confiscation of wild birds and animals under certain
circumstances and disposition of same.—Wild birds, wild animals and
fish are the property of the State and may be reduced to personal pos-
session only in accordance with law. Upon satisfactory evidence of the
illegal taking, possession, sale or purchase, or transport or import of
any wild bird, wild animal or fish, the trial court shall forfeit the same
to the Commonwealth. The game warden shall deliver the same to
some charitable institution or hospital, as the commission may direct.

Section 53. Judges’ special charges as to game, inland fish and
dog laws; appeals—The circuit judges and the judges of concurrent
jurisdiction shall give the grand juries, when empanelled, the provisions
of the game, inland fish and dog laws strictly in charge and shall urge
inquiry into any infractions thereof. Justices of the peace and circuit
courts shall have concurrent jurisdiction for the trial of offenses against
the game, inland fish and dog laws of the State. An appeal for the
accused from the judgment of a justice of the peace or a trial justice
shall lie within ten days to the circuit court of the county or the cor-
poration court of the city of such justice in any case involving a viola-
tion of the hunting, trapping, inland fish and dog laws and if the case
relates to State revenue under such laws and the accused is acquitted,
an appeal shall lie for the Commonwealth.

Section 54. Attorney for the Commonwealth to prosecute.—An
attorney for the Commonwealth, when so requested by the trial court
or agent of the commission, shall prosecute an offender for violating the
game, inland fish and dog laws, for which services he shall be allowed
the fees provided by law for misdemeanor prosecution.

Section 55. Officer failing to perform duty—Any game warden
or other official who shall fail to perform any act, duty, or obligation
enjoined upon him by the provisions of the game, inland fish and dog
laws of this State shall be guilty of a misdemeanor and upon conyic-
tion shall be punished by a fine of not less than ten nor more than one
hundred dollars.

Section 56. Report of prosecution—Every court or clerk of any
court before which any prosecution under the game, inland fish or dog
laws 1s commenced or shall go on appeal shall, within five days after
trial or dismissal, report in writing whether the defendant was adjudged
guilty or not guilty, and the penalty or requirement, if any, to the com-
mission. Tor the failure of any court or clerk to comply with this
provision, he shall forfeit to the Commonwealth the sum of five dollars
in each case, such sum to go to the credit of the literary fund.

Section 57. Company or corporation, service of warrant of ar-
rest upon.—In case of violation of the game, inland fish or dog laws of
Virginia, by a company or 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 company
or 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 company or corporation, but this section shall not be
considered to exempt an agent or employee from prosecution.

Section 58. Rule of evidence concerning reputation——No person
shall be excused from testifying for the Commonwealth as to any of-
fense committed by another under the provisions of the game, inland
fish and dog laws by reason of his testimony tending to incriminate
himself, but the testimony given by any such person on behalf of the
Commonwealth when called as witness for the prosecution shall in no
case be used against him nor shall he be prosecuted as to the offense to
which he has testified.

Section 59. Proceeding when convicted a second time.—lIf a per-
son be convicted a second time of any offense mentioned in this act,
the justice rendering judgment therefor shall require him to give a bond
for not less than one hundred dollars, with sufficient surety, for his
good behavior for a year and if he fails to give such bond, commit him
to jail for one month, unless he sooner gives it. The bond shall be
deemed to be forfeited if the person commit such other offense within
the time specified in the bond.

CHAPTER 6—DOG LAWS

Section 60. Definitions generally——For the purpose of this chap-
ter, and unless otherwise required by the context:

(a) The word “person” includes individuals, copartnerships, asso-
ciations and corporations ; the singular includes the plural, and the mas-
culine, the feminine and neuter.
(b) The word “livestock” includes cattle, sheep, goats, swine and
enclosed domesticated rabbits or hares.

(c) The word “poultry” includes all domestic fowl.

(d) The words “own” and “owner” include any person having
a right of property in a dog, and any person who keeps or harbors a
dog or has it in his care, or who acts as its custodian, and any person
who permits a dog to remain on or about any premises occupied by him.

(e) The word “kennel” means an enclosure wherein dogs are kept
and from which they cannot escape.

(f) The word “game warden” includes supervising, regular and
special game wardens. |

(g) The words “other officer” includes all other persons employed
or elected by the people of Virginia, or by any municipality, county or
incorporated town thereof, whose duty it is to preserve the peace, to
make arrests or to enforce the law.

(h) The word “treasurer” includes the treasurer of each county
and city, or other officer designated by law to collect taxes in said county
or city.

Section 61. Dogs to be licensed; amount of license——It shall be
unlawful for any person to own a dog four months old or over in this
State unless said dog is licensed, as required by the provisions of this
chapter. Dog license shall run by the calendar year; namely, from
January first to December thirty-first, inclusive, and the license tax,
which shall be the only license tax on dogs in this State, and which
is payable at the office of the treasurer, shall be as follows:

Male.—For a male dog, one dollar.

Unsexed female—For an unsexed (successfully spayed) female
dog, one dollar.

a female dog, three dollars.

Kennel, for twenty dogs—For a kennel of twenty dogs, fifteen
dollars.

Kennel, for fifty dogs—For a kennel of fifty dogs, twenty-five
dollars.

Section 62. When license tax is payable——License tax on dogs
shall be due and payable as follows:

(a) On or before January first and not later than January thirty-
first of each year, the owner of any dog four months old or older shall
pay a license tax as above prescribed.

(b) If a dog shall become four months of age or come into the
possession of any person between January first and November first
of any year, the license tax for the current calendar year shall be paid
forthwith by said owner.

(c) If a dog shall become four months of age or come into the
possession of any person between October thirty-first and December
thirty-first of any year, the license tax for the succeeding calendar
year shall be paid forthwith by said owner and such license shall protect
such dog from date of purchase.

Payment of the license tax subsequent to a summons to appear be-
fore a magistrate or other court for failure to do so within the time
required shall not operate to relieve said owner from the penalties pro-
vided. Any dog not wearing a collar bearing a license tag of the proper
calendar year shall prima facie be deemed to be unlicensed and in any
proceedings under this act the burden of proof of the fact that such
dog has been licensed, or is otherwise not required to bear a tag at the
time, shall be on the owner of said dog.

EXEMPTION

Non-residents may send dogs to this State for the purpose of hunt-
ing, breeding, trial or show without license for a period not exceeding
thirty days.

Section 63. How to obtain license—Any person may obtain dog
license by making oral or written application to the treasurer of the
county or city in which such person resides, accompanied by the amount
of the license tax. The treasurer shall only have authority to license
dogs of resident owners or custodians who reside within the boundary
limits of his county or city and may require information to this effect
from any applicant. Upon receipt of proper application the treasurer
shall issue a license receipt for the amount on which he shall record
thereon the name and address of the owner or custodian, the date. of
payment, the year for which issued, the serial number of the tag.
whether male, unsexed female, female or kennel, and deliver the mete
license tags or plates herein provided for.

Section 64. What dog license shall consist of —Dog license shall
consist of a license receipt and a metal tag of a style and design adopted
by the commission and used by every county and city during each year.
The tag shall be stamped or otherwise permanently marked to show
the sex of dog, the calendar year for which issued and bear a serial
number. ‘The license tag for a kennel shall show the number of dogs
authorized to be kept under said license and have attached thereto a
metal identification plate for each of such dogs, numbered to correspond
with the serial number of the license tag.

Section 65. Duplicate license tags.—If a dog license tag shall be-
come lost, destroyed or stclen, it shall be the duty of the owner or cus-
todian to at once apply to the treasurer who issued the same for a duphi-
cate license tag, presenting the original license receipt. Upon affida-
vit of the owner or custodian, before said treasurer, that the original
license tag has been lost, destroyed or stolen, he shall issue a duplicate
license tag to be attached to the collar of the dog. he treasurer shall
endorse the number of the duplicate and date issued on the face of
the license receipt and shall receive a fee of twenty-five cents from the
owner for acknowledging his affidavit and issuing the duplicate license
tag, which fee shall belong to said treasurer and not to be reported in
gross dog license collections.

Section 66. Displaying receipts; dogs to wear tags.—Dog license
receipts shall be carefully preserved by the licensees and exhibited
promptly on request for inspection by any game warden or other of-
ficer. Dog license tags shall be securely fastened to a substantial collar
by the owner or custodian and worn by such dog, and it shall be un-
lawful for the owner to permit any licensed dog four months old or
over to run or roam at large at any time without a license tag, except
that when engaged in lawful hunting, in the open season and accom-
panied by the owner or custodian, the collar and tag may be temporarily
removed.

Section 67. Regulating kennel dogs——The owner of a kennel shall
securely fasten the license tag to the kennel enclosure in full view and
keep one of the identification plates provided therewith attached to the
collar of each dog authorized to be kept enclosed in said kennel. Any
identification plates not so in use must be kept by the owner or custo-
dian and promptly shown to any game warden or other officer upon
request. A kennel dog shall not be permitted to stray beyond the limits
of the enclosure, but this shall not prohibit removing dogs therefrom
temporarily while under the control of the owner or custodian for the
purpose of exercising, hunting, breeding, trial or show. The commis-
sion may, in its discretion, issue a permit allowing kennel dogs to run
at large during such months as it may deem proper ; provided, that such
permit shall not authorize such dogs to run at large contrary to acts
of local application and county, city and town ordinances. Every per-
mit shall state the months that such dogs may run at large and the
rules and regulations that must be complied with and the commission
may revoke any such permit at any time. Forms of application blanks
and permits shall be supplied by said commission. A kennel shall not
be operated in such a manner as to defraud the county or city of the
license tax applying to dogs which cannot be legally covered thereunder
or to in any manner violate other provisions of this act.

Section 68. Licensed dogs deemed personal property.—All dogs
in this State which are licensed shall be deemed personal property and
may be the subject of larceny and malicious or unlawful trespass, and
the owners thereof may maintain any action for the killing of such
licensed dogs, or injury thereto, or unlawful detention or use thereot
as in the case of other personal property and it shail be unlawful for
any person except the owner or his authorized agent to administer
poison to a licensed dog or expose poison where it may be taken by such
dog, or to injure, disfigure, disable or kill any such dog, except as
otherwise provided in this act. The owner of any dog which 1s injured
or killed contrary to the provisions of this act by any person shall be
entitled to recover the value thereof or the damage done thereto in an
appropriate action at law from such person. A game warden or other
officer finding a stolen dog, or a dog held or detained contrary to law,
shall have authority to seize and hold such dog pending action before
a justice or other court. If no such action is instituted within five days
the game warden or other officer shall deliver the dog to its owner.
The presence of a dog on the premises of a person other than its legal
owner shall raise no presumption of theft against the owner of such
premises but it shall be his duty to notify the game warden thereof
and the game warden shall take such dog in charge and notify its legal
owner to remove him. The legal owner of the dog shall pay a rea-
sonable charge for the keep of said dog while in the possession of the
game warden.

CERTAIN DOGS TO BE KILLED

Section 69. Mad dogs.—Upon proof that a mad dog is at large
and has bitten other dogs, an emergency shall exist, and the board of
supervisors of any county or the governing body of any city shall have
the power to pass an ordinance, which shall become effective immediate-
ly upon passage, requiring the owner of all dogs therein to keep the
same confined in their premises unless muzzled in such manner that
persons or animals will not be subject to the danger of being bitten
thereby, but such period shall not exceed forty-five days. Any justice
of the peace, on proof that any dog is mad or has been bitten by a mad
dog, shall order such dog to be killed. If it is believed that such dog
has been bitten by a mad dog but the proof is not sufficient, the justice
may order the owner to confine it for observation. ‘The board of
supervisors of any county or the governing body of any city or town
shall also have power and authority to pass ordinances restricting the
running at large in their respective jurisdiction of dogs which have not
been inoculated or vaccinated against rabies and to provide penalties
for the violation thereof.

Section 70. Dogs killing or injuring sheep or other live stock or
poultry.—It shall be the duty of any warden who may find a dog in
the act of killing, injuring, worrying or chasing sheep, or killing or
injuring other live stock, to kill said dog forthwith whether such doe
bears a tag or not, and any person finding a dog committing any of the
depredations mentioned in this section, shall have the right to kill such
dog on sight. The board of supervisors of any county, or any magis-
trate or other court, shall have the power to order the game warden or
other officer to kill any dog known to be a confirmed poultry killer,
and any dog killing fowls for the third time shall be considered a con-
firmed poultry killer. Any warden or other person who has reason
to believe that any dog is killing live stock, or committing any of the
depredations mentioned in this section, but which has not been found
in the act, shall apply to a magistrate of the county, city or town where-
in such dog may be, who shall issue a warrant requiring the owner or
custodian, if known, to appear before him at a time and place named
therein, at which time evidence shall be heard, and if it shall appear
that such a dog is a live stock killer, or has committed any of the depre-
dations mentioned in this section, the dog shall be ordered killed im-
mediately, which the warden, or other officer designated by the magis-
trate to act, shall do.

Section 71. Unlicensed dogs.—It shall be the duty of the game
warden to kill any dog of unknown ownership found running at large
on which license has not been paid. Any person, game warden or
other officer killing a dog under this act shall burn or bury the same.
Game wardens in cities shall receive two dollars and fifty cents for
each dog killed by them under the provisions of this act. Bills for
such compensation shall be rendered by each game warden entitled
to receive them to the city council or such other governing body thereot
as may be authorized to pass upon, approve and order to be paid bills
against such city. Every bill shall be verified under oath of the warden
presenting the same, and when it shall appear that the account is cor-
rect, the same shall be forthwith ordered paid from the dog license fund
of such city; provided, however, that the governing authority of any
city and the commission may enter into such contract as they may agree
upon for the killing of dogs, whereupon such city shall be relieved of
paving the fees provided in this section therefor.

OTHER PROVISIONS

Section 72. Disposal of dead dogs——The owner of any dog which
has died from disease or other cause shall forthwith cremate or bury
the same. If he fails to do so, a justice of the peace, after notice to
said owner, shall order such dead dog to be cremated or buried by such
person as he may designate and shall require the owner to pay the per-
son so designated not exceeding the sum of two dollars and fiity cents,
free from all encumbrances in favor of such owner. If the owner of
any dead dog is not known, such person shall be entitled to recover the
said sum from the dog fund of the county or city.

Section 73. Other unlawful acts——The following shall be deemed
unlawful acts and constitute misdemeanors :

Diseased dogs.—For the owner of any dog with a contagious or in-
fectious disease to permit such dog to stray from his premises if such
disease is known to said owner.

Female dog in season.—For the owner of any female dog to permit
such dog to stray from his premises while such dog is known to said
owner to be in season.

Removing collar and tag—-For any person, except the owner or
custodian, to remove a legally acquired license tag from a dog.

Concealing a dog.—For any person to conceal or harbor any dog
on which the license tax has not been paid, or to conceal a mad dog
to keep the same from being killed.

Section 74. Compensation for livestock and poultry; treatment ot
rabies.—Any person taxed by the State who shall have any livestock or
poultry killed or injured by any dog shall be entitled to receive com-
pensation therefor at the assessed value of such livestock and fair value
of unassessed lambs or poultry, and in addition thereto may recover
from the owner or custodian of such dog, in an appropriate action at
law, the difference between the assessed value and the full value of such
livestock. Nothing herein shall be construed as lhmiting the common
law liability of an owner of a dog for damages committed by it. Claim-
ants for damages shall furnish evidence under oath of quantity and
value to the board of supervisors of the county or council or other gov-
erning body of any city within ninety days after sustaining such dam-
age. Any person bitten by a rabid dog shall be paid the costs of neces-
sary treatment, not to exceed one hundred dollars; provided that any
county or city having a health officer may require him to treat said case
of rabies, and no person shall be entitled to recover the cost of neces-
sary treatment herein provided unless he or she shall first apply to
such health officer for treatment and such officer refuses or fails to
treat the case.

Section 75. Treasurers ordering tags; sale to begin November
first—Treasurers shall order from the commission, not later than April
first of each year, a sufficient supply of such tags for the calendar year
following, which said commission shall furnish not later than Novem-
ber first. Dog tags for each calendar year shall be sold in serial and
numerical order, beginning November first of the prior year and shall
remain on sale until December thirty-first of the calendar year covered
by such tags.

Section 76. List of dog license sales and disposition, treasurers’
fees, et cetera.—The treasurer shall enter in a dog license sales record
book, containing original perforated and duplicate leaves, the date of
sale of dog tag and kennel license, the names and addresses of persons
to whom sold, the kind of tag or kennel, the serial number and the
amount of the license tax paid. Each treasurer shall receive for hand-
ling the funds arising from the tax imposed by this act, ten cents for
each original tag sold, except kennel tags, for which he shall receive
ten per centum. ‘The treasurer shall tear the original perforated sheets
from his dog license sales record book monthly of all persons who
bought dog tags, and deliver the same to the game warden of his county
or city on or before the fifth day of the succeeding month. In supply-
ing said list, this act shall be construed to have been complied with upon
delivery to said warden in person, or when the same is deposited in the
United States mail, duly registered and properly addressed to said
warden. ‘The commission shall furnish standard uniform receipts, dog
license sales record books and necessary tags to the treasurer of each
county and city which he shall use as directed. Upon the receipt of the
bill therefor such treasurer shall pay the amount thereof into the State
treasury within thirty days after date of shipment.

Section 77. Dog fund separate account; remittance to State treas-
urer.—County and city treasurers shall keep all money collected for
dog license taxes in a separate account from all other funds collected
by them and shall remit fifteen per centum of the gross receipts from
the sale of dog license to the treasurer of Virginia quarterly, as follows:

(a) For the months of January, February and March, not later
than April tenth.

Nore.—Collections for dog tags of the succeeding calendar year,
made in November and December of the prior calendar year shall, for
the purpose of remitting to the State treasurer, be considered as having
been made in the succeeding January and be included in the remittance
for the first quarter (a) above.

(b) For the months of April, May and June, not later than July
tenth.

(c) For the months of July, August and September, not later than
October tenth.
(d) For the months of October, November and December, not
later than January tenth.

Section 78. Quarterly reports——Each treasurer shall report to
the comptroller on form provided by him, at the time of making remit-
tance to the State treasury, a classified list of dog licenses sold, the
quantity of each kind and the serial numbers thereof, the gross amount
received therefor, the amount of fifteen per centum remitted and the
number of tags of each kind on hand unsold at the close of the quarter.
Upon receipt into the treasury of such sums the comptroller shall pass
the same to the credit of the game protection fund. A copy of the re-
port made to the comptroller shall be sent to the commission.

Section 79. Unsold tags to be returned; annual report—On De-
cember thirty-first of each year, or within ten days thereafter, each
treasurer shall return prepaid to the commission by registered or in-
sured mail, or prepaid freight or express, all unsold tags of the calendar
year and make an annual report of receipts and disbursements of the
dog license fund to said commission, which shall show the amount on
hand from the previous report, the number of license tags issued for
male, unsexed female, female and kennel and the amount received for
same or from any other source during the calendar year; an itemized
statement of the amount disbursed and for what purpose and the
amount remaining on hand at the close of the calendar year.. The ac-
counts and reports shall be made separately for the tags of each calen-
dar year.

Section 80. Disposition of dog fund—After paying the fitteen per
centum on gross collections to the State treasurer as otherwise provided,
the remaining amount in the dog fund of the county or city shall first
be used to pay; treasurer’s fees herein provided, treatment of persons
for rabies, advertising notices, freight and express or postage, and if
the remainder is sufficient, all damages to livestock or poultry and if
the board of supervisors desires they may make therefrom an allowance
to the game warden for services, and all allowances and payments
heretofore made by boards of supervisors to game wardens and e-x-
officio game wardens for services are hereby validated. In the event
the remainder is not sufficient to pay such damages. the claims shall be
filed and paid in the order of presentation out of the first available
money coming into the fund. Any funds in excess of two hundred
and fifty dollars remaining in the hands of the treasurer on December
thirty-first shall on that date be transferred into the general fund of
the county or city; provided, however, that each incorporated town
shall be entitled to share pro rata in the fund remaining in the propor-
tion that the amount of the license tax collected in such town bears to
the total dog license tax in the county in which such town is located to
be used as its council or other governing body may direct.

Section 81. Penalties for violation of the dog law.—Any person
convicted of failure to pay the license tax, prior to February first of
each year, or as otherwise provided in this chapter, on any dog, owned
by him, or who shall make a false statement in order to secure a license
to which he is not entitled, shall pay a fine of nat less than five nar
more than one hundred dollars and be required to obtain proper licens
forthwith and unless the fine and license tax is immediately paid, th
trial court shall order the dog killed by the game warden or other of
ficer, but the killing of such dog shall not relieve its owner of the pay
ment of the fine and the license tax already due and if a dog be foun:
running or roaming at large at any time of the year in violation of th
provisions of section sixty-six and sixty-seven hereof its owner shal
pay a fine of not less than two dollars and fifty cents for the first of
fense and five dollars for each offense thereafter, and, if it is a kenne
dog, the license may be revoked if the law appears to the trial court t
have been violated by reason of carelessness or negligence on the par
of the owner, who shall thereupon be required to secure individual li
cense on each dog. Any person who presents a false claim or receive
any money on a false claim under the provisions of section seventy-fou:
shall be fined not exceeding one hundred dollars, or imprisoned in jai
not exceeding three months, or both, and any other violation of thi:
chapter, for which specific penalty is not provided, shall be a mis.
demeanor.

Section 82. Field trial with dogs—The commission is hereby au-
thorized to grant permits in its discretion to bona fide field trial clubs
and associations to hold field trials with dogs under such regulations
as it may deem proper and it shall be unlawful to hold such trials with-
out the permit herein authorized during the closed season for game.
If wild game is to be shot over or in front of dogs engaged in such
field trials, the persons actually doing the shooting must have a license
permitting him to do so.

REPEALS

Section 83. Repeal—l. The following sections of the Code of
Virginia, and all amendments of such sections, are hereby repealed:

Sections 3306 to 3365 (thirty-three hundred and six to thirty-three
hundred and sixty-five), inclusive.

Sections 3192 to 3197 (thirty-one hundred and ninety-two to thirty-
one hundred and ninety-seven), inclusive.

Sections 3200 to 3201 (thirty-two hundred to thirty-two hundred
and one), inclusive.

Section 3203 (thirty-two hundred and three).

Sections 3206 to 3210 (thirty-two hundred and six to thirty-two
hundred and ten), inclusive.

Sections 3214 to 3215 (thirty-two hundred and fourteen to thirty-
two hundred and fifteen), inclusive.

Sections 1551 to 1552 (fifteen hundred and fifty-one to fifteen hun-
dred and fifty-two), inclusive.

Sections 2316 to 2326 (twenty-three hundred and sixteen to twenty-
three hundred and twenty-six), inclusive.

Section 4445 (forty-four hundred and forty-five).

Section 2743 (twenty-seven hundred and forty-three), in so far as
t relates to the power of boards of supervisors “to prevent the destruc-
ion of game, fish, wild fowls, birds, and fur-bearing animals, and to
limit still further than is provided by general law the time, manner, and
means by which they may be taken or killed; the number that may be
taken or removed from the county in a given time, and the manner
and condition of such removal.”

2. The following acts of the general assembly and all amendments
of such acts are hereby repealed:

“An act to authorize and empower the boards of supervisors of
any county to give rewards for hawk scalps,” approved February sev-
enth, nineteen hundred and eighteen.

“An act to license persons to breed game, game fish and furbearing
animals for sale, prescribing regulations for such business and provid-
ing penalties for the violation thereof,’ approved March sixteenth,
nineteen hundred and eighteen.

“An act to prevent damage and injuries by dogs, and to provide
compensation to owners of stock so injured; to provide for license on
dogs, and to provide for penalties of violations thereof,” approved
March twentieth, nineteen hundred and eighteen.

“An act to provide for the payment of bounties for the filling of
certain predatory birds and animals,” approved March tenth, nineteen
hundred and twenty.

“An act for the protection of elk in this State, to regulate the killing,
injuring, destruction and capturing of same,” approved March fifteenth,
nineteen hundred and twenty.

“An act to permit field trials with hunting dogs,” approved March
twentieth, nineteen hundred and twenty.

“An act to permit wild birds and wild animals protected by law
to be captured alive and held in captivity for propagation purposes,”
approved March twenty-second, nineteen hundred and twenty.

“An act to provide for the seizure by game wardens of illegal hunt-
ing and fishing devices in this State,” approved February twenty-fifth,
nineteen hundred and twenty-two.

“An act for the establishment of State game sanctuaries in this
State,” approved February twenty-fifth, nineteen hundred and twenty-
two.

“An act to regulate the shipment of game birds and game animals
from one point in this State to another point in this State,” approved
March fourteenth, nineteen hundred and twenty-two.

“An act to prohibit the sale of certain species of game fish in this
State,” approved March fifteenth, nineteen hundred and twenty-two.

‘An act to authorize the commissioner of the department of game
and inland fisheries to issue non-resident hunting and fishing licenses
to United States field inspectors of the bureau of biological survey,
department of agriculture, and United States field inspectors of the
bureau of fisheries, department of commerce,’ approved March twen-
ty-seventh, nineteen hundred and twenty-two.

‘An act providing for the collection of specimens of birds and their
nests and eggs for scientific and educational purposes only,” approved
March twenty-seventh, nineteen hundred and twenty-two.

“An act to authorize hunting licenses to be issued to persons in the
military and naval service of the United States while stationed in Vir-
ginia for same fees as charged citizens of this State,” approved Feb-
ruary twenty-sixth, nineteen hundred and twenty-six.

“An act to prevent more than four persons to use, occupy or to shoot
from the same blind or other device at the same time at any species of
game birds,” approved March first, nineteen hundred and twenty-six.

“An act to authorize the commissioner of the department of game
and inland fisheries to issue permits to residents of this State to hold in
captivity and breed for propagation purposes only any of the wild game
birds and wild game animals of the State,” approved March seven-
teenth, nineteen hundred and twenty-six.

“An act authorizing the commission of game and inland fisheries to
exercise fu!l control of the hunting and fishing rights and privileges in
all forest and watershed areas, which are now owned, or which may
hereafter be acquired for this purpose, by the United States govern-
ment,” approved March sixth, nineteen hundred and twenty-eight.

“An act to authorize the commission of game and inland fisheries.
in its discretion, to permit kennel dogs to run at large at such times as
it may deem proper,” approved March twenty-third, nineteen hundred
and twenty-eight. ,

Section 84. Regulations of the commission continued.—The reg-
ulations heretofore issued by the commission of game and inland fish-
eries for the further protection of game and fish are hereby continued
in full force and effect.

Section 85. When the provisions of this act are to become effec-
tive-—The provisions of this act shall become effective July first, nine-
teen hundred and thirty.

Section 86. Constitutionality—I{ any clause, sentence, paragraph,
or part of the game, inland fish and dog Code of Virginia shall for any
reason be adjudged by a court to be invalid, such judgment shall be con-
fined in its operation to the clause, sentence, paragraph or part in-
volved in the controversy in which such judgment shall have been
rendered.