Chap. 342.—An ACT to amend and re-enact Section 49, as amended, of the Game,
Inland Fish and Dog Code of Virginia, relating to hunting, fishing or trapping
on the property of another. (H B 362]

Approved March 27, 1946

Be it enacted by the General Assembly of Virginia:

1. That section forty-nine, as amended, of the Game, Inland Fish
and Dog Code of Virginia be amended and re-enacted, as follows:

Section 49. Any person who goes on the lands, waters, ponds,
boats or blinds of another to hunt, fish or trap without the consent of the
landowner or his agent shall be deemed guilty of a misdemeanor, and
shall be punished by a fine of not more than fifty dollars or by confine-
ment in jail for not more than thirty days, or by both, in the discretion
of the court or jury trying the case. Any person who goes on the lands,
waters, ponds, boats or blinds of another upon which signs or posters
prohibiting hunting, fishing or trapping, have been placed to hunt, fish or
trap without the written consent of the owner or his agent shall be guilty
of a misdemeanor and punished by fine of not more than fifty dollars or
by confinement in jail for not more than thirty days or by both such fine
and imprisonment in the discretion of the court or jury trying the case.

Any person who shall mutilate, destroy or take down any “‘posted”,
“no hunting” or similar sign or poster on the lands or waters of another,
or who shall post such sign or poster on the lands or waters of another,
without the consent of the landowner or his agent, shall be deemed guilty
of a misdemeanor and shall be punished by a fine of not more than fifteen
dollars.

Fox hunters, when the chase begins on other lands, may follow their
dogs on prohibited lands, and deer hunters, when the chase begins on
other lands, may go upon prohibited lands to retrieve their dogs, but not
to hunt any game while thereon. No person shall be deemed guilty of
trespass hereunder upon uninclosed mountain lands not used for cultiva-
tion, except in the counties of Giles east of New River, Craig, Bath,
Alleghany, Botetourt and Highland and in the mountains in the western
part of Rockingham county, and in any county having a population of
more than fourteen thousand and less than twenty thousand inhabitants,
which adjoins a county within the geographical bounds of which is located
a city having a population of not less than sixty thousand nor more than
one hundred thousand inhabitants, all according to the last United States
census ; provided that the first three paragraphs of this section shall apply
to any person who goes upon uninclosed mountain land of another, in
that part of the County of Giles, which lies on the western side of New
River, to trap, or to hunt for any game other than elk.

Nothing in this act shall be construed to affect in any way the civil
rights of a landowner as against trespassers against his property.