Chap. 341.—An ACT to amend Section 47 of the Game, Inland Fish and Dog
Code of Virginia (Chapter 247, Acts 1930), as amended by Chapter 32,
Acts 1936-1937, approved January 14, 1937, relating to penalties for cer-
tain violations of the game and inland fish laws. [H B 297]

Approved March 31, 1938

I. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-seven of the Game, Inland Fish and Dog Code of Virginia
(chapter two hundred and forty-seven, Acts nineteen hundred and
thirty) as amended by chapter thirty-two, Acts nineteen hundred and
thirty-six-thirty-seven, approved January fourteenth, nineteen hundred
and thirty-seven, be, and the same is hereby, amended and re-enacted
so as to read as follows:

Section 47. Penalties for violations—-Any person convicted of
violating any of the provisions of the hunting, trapping or inland fish
laws shall be deemed guilty of a misdemeanor and upon conviction,
shall, unless specific penalty is otherwise provided, pay a fine of not
less than ten nor more than fifty dollars and may be imprisoned in
jail not exceeding thirty days, either or both.

Any person killing an elk which does not have horns visible above
the hair, or who exceeds the bag limit for elk, or who kills an elk
during the closed season, shall be fined fifty dollars and may be im-
prisoned in jail thirty days, either or both. Any person killing a deer
which does not have horns visible at least two inches above the hair,
or who exceeds the bag limit for deer, or who kills a deer during the
closed season, shall be fined twenty-five dollars. Provided, that the
fine for killing an elk which does not have horns visible above the
hair, or a deer which does not have horns visible two inches above
the hair, during the open season shall be twenty-five dollars, for such
elk and ten dollars for such deer such person immediately delivers the
complete carcass to the game warden of the county in which killed,
whereupon it shall be confiscated and disposed of by said warden as
otherwise provided. Any person taking any other game or any fish
during the closed season, or who exceeds the bag limit for other game
or fish, shall be fined not less than five dollars. The trial justice, or
court, upon convicting any person of a violation of this section, in-
volving the unlawful killing of any animal, or bird, or the exceeding
of a bag limit as to animals, or birds or fish, or the taking of the same
during the closed season, shall, in addition to the imposition of the
punishment hereinbefore prescribed, ascertain the approximate replace-
ment value of such animals, birds or fish and shall assess such value
against the person so convicted, which assessment shall be paid by
the person so convicted within the time prescribed in the judgment of
the justice or court, not exceeding sixty days, and the collecting officer
shall pay such moneys representing the approximate replacement values
aforesaid into the State treasury whereupon the same shall be placed
to the credit of the game protection fund.

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
fish, except as provided by law, shall pay a fine of not less than
five dollars nor more than one hundred dollars, and may be imprisoned
in jail, thirty days, either, or both; provided, that for the second con-
viction of unlawfully buying or selling game or fish the jail sentence
shall be mandatory.