CHAPTER 445

An Act to amend and reenact § 29-121 of the Code of Virginia, relating
to special stamps for hunting elk, disposition of funds received for
such stamps, and payment out of such funds for damage done by elk.

(H 528]
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

— That § 29-121 of the Code of Virginia be amended and reenacted as
ollows:

§ 29-121. There shall be a * license for hunting elk in this State,
which shall be required * of all persons hunting such animals. The fees for
such licenses shall be as follows: for a State resident elk license, five dol-
lars; and for a nonresident elk license, thirty-five dollars. The clerk’s fee
for issuance of each such license shall be twenty cents. Such licenses shall
be issued only in counties which have an open season on elk.
The money received from the sale of such * licenses to hunt elk shall
be paid * to the board of supervisors of the county in which sold, and shall
be used by * such board of supervisors, so far as may be necessary, for the
payment * of damages to crops by elk in their respective counties, when-
ever such damage amounts to five dollars or more; such payments, however,
shall be limited to the amount accruing to the * board of supervisors from
the sales of such * licenses to hunt elk during the fiscal year in which such
damage occurred. If the amount accruing to the * board of supervisors
from the sales of such * licenses during such fiscal year shall be less than
the aggregate of the claims allowed, the claims shall be paid pro rata after
the close of the fiscal year in which the damage occurred. Should there be
an unexpended balance in this fund at the end of any fiscal year, this
balance shall be paid into the State Game Protection Fund not later than
September one, following.

In order to receive payment for damages to crops by elk, any person
whose crops are so damaged shall promptly report the same to the
game warden of the county. The game warden shall thereupon go to
the premises and investigate the damage. The claim for damages must be
filed under oath by ‘the claimant in duplicate on forms provided by the *
board of supervisors. If the claimant and the game warden agree, the
game warden shall approve the claim. If such agreement cannot be reached
by the claimant and game warden, the claim shall be submitted at once to
arbitration in the usual manner and the award of the arbitrators shall be
final and binding. Such claim shall be forwarded to the * board of super-
page by the game warden upon agreement for settlement by arbitrators
or otherwise.