Chap. 220.—An ACT to repeal sections 3316, 3318, 3319, 3320, 3322, 3323, 3326,
and 3342 of the Code of Virginia and to amend and re-enact subsections
first, second and third of section 3306 of the Code of Virginia. [S B 38]

Approved March 15, 1928
1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-three hundred and sixteen, thirty-three hundred and
eighteen, thirty-three hundred and nineteen, thirty-three hundred
and twenty, thirty three hundred and twenty-two, thirty-three hun-
dred and twenty-three, thirty-three hundred and twenty-six and
twenty-three hundred and forty-two of the Code of Virginia be,
and the same are hereby repealed, and subsections first, second
and third of section thirty-three hundred and six of the Code of
Virginia be, and the same are hereby amended and re-enacted so as
to read as follows:

First. (a) Appointment of members.—The State department of
game and inland fisheries, heretofore established, shall hereafter be
known as the commission of game and inland fisheries, hereinafter
called the commission. Said commission shall consist of five mem-
bers, to be appointed by the governor, subject to confirmation by
the senate, and who may be removable from office during their
respective terms by the governor. Appointments under this act
shall be made to take effect on the first day of July, nineteen hun-
dred and twenty-six, and shall be for terms as follows: One of the
members shall be appointed for a term of four years and designated
by the governor as chairman; the other members shall be appointed
for one, two, three and five years. Subsequent appointments shall
be for terms of five years. Vacancies may be filled by the governor,
subject to confirmation by the senate.

(b) Meetings of commission.—The commission shall meet once
every three months for the transaction 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 mem-
bers, shall constitute a quorum. Meetings shall be held in Rich-
mond, Virginia, or at such other places within the State as may be
expedient.

(c) 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 itssemployees shall be subject to
the review and approval of the governor.

(d) General powers of commission.—The commission may au-
thorize the chairman to enlarge, curtail, or discontinue any of its
activities or establish new activities; to cause the propagation of
game birds, game animals and game fish; to purchase breeding
stock and specimens of game birds, game animals and game fish;
to erect new buildings and enclosures; to lease or purchase lands
and waters for game and game fish refuges or public shooting and
hshing grounds under such rules and regulations as said commis-
sion may promulgate; to introduce any new species of game birds,
game animals and game fish or adopt such means as may be neces-
sary to restock any depleted native species of game birds, game
animals or game fish and, subject to the approval of the governor,
to promulgate regulations closing or shortening the open season
on any such species in any county, section or area where deemed
necessary, for a period not exceeding five years, provided that due
notice of such action be given by said commission. Violation of any
such regulations shall be considered a misdemeanor. The commis-
sion shall do such other acts as it may deem advisable to foster the
conservation, protection and propagation of game birds, game ani-
mals and game fish.

(e) Compensation of commissioners.—The salary of the chair-
man shall be as fixed by the general appropriation measure, not to
exceed four thousand dollars, and the other members ot the com-
mission 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 year. When required to be absent from their
homes on official business, the members of the commission shall be
reimbursed for their actual and necessary traveling expense.

Second. (a) Admiunistrative—The chairman shall be the ad-
ministrative head of the commission and, subject to the approval
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 removable from office by the chairman.
The term of office of the executive secretary shall, unless he is
sooner removed, run coincident with the term of service of the
chairman making the appointment. In addition thereto, he shall
employ sufficient force to care for the clerical and other work and
activities of the commission and designate the official position and
duties of each. The salaries of all such appointees or employees
shall not exceed ‘the amounts provided by appropriation or ap-
proved by the governor. The chairman is hereby vested with
power and authority to enforce or cause to be enforced all laws for
the protection, propagation and preservation of game birds, game
animals and fish in the inland waters of this State, which waters
shall be construed to mean all waters above tidewater and the
brackish and fresh water streams, creeks, bays, inlets and ponds
in the tidewater section, and all dog laws; he shall prosecute all
persons who violate such laws and shall seize and contiscate any
and all game birds, game animals and fish that have been illegally
killed, caught, transported or shipped.

(b) Appointments of game wardens and their bonds.—Sub-
ject to approval or ratification by the commission, the chairman
shall appoint such supervising, regular and special game wardens
as he may deem necessary to enforce the dog, game and inland
fish laws, which appointments shall be based upon a practical
know ledge of the bird, animal and fish life of the State, and such
persons so appointed shall be known as game wardens and hold
office during the pleasure of the chairman appointing them or un-
til their successors are appointed. Such game wardens shall have
jurisdiction throughout the State in all matters relating to the
enforcement of the dog, game and inland fish laws. Game war-
dens may serve original and mesne process as sheriffs and con-
stables in all matters arising from violations of the dog, game
and inland fish laws of this State. Before entering upon the dis-
charge of his official duty, each supervising, regular and special
game warden shall give bond before the clerk of the circuit court
of his county, or of the corporation court of his city, in the penalty
of one thousand dollars, payable to the Commonwealth of Vir-
ginia, with sufficient surety, to be approved by said clerk, condi-
tioned 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 court shall notify the commission in writing
as soon as such game warden qualifies and the date thereof. All
sheriffs, deputy sheriffs, constables, town marshals, town ser-
geants, policemen, or other peace officers of this State shall be
ex-oficio game wardens.

Third. (a) Duties and powers of game wardens.—The game
wardens shall assist the chairman in the discharge of his official
duties, each regular and special game warden shall be under the
supervision of such supervising game warden as the chairman may
direct and said game wardens shall have like power and
authority in the enforcement of the dog, game and inland fish
laws as is provided for the chairman. The chairman and each
game warden are invested with the power and authority, upon
displaying badge or credentials of office, to arrest any person
found in the act of violating any of the provisions of the dog,
game and inland fish laws, and if for a violation of the game or
inland fish laws, to seize and to search any such person, together
with any box, can, package, barrel or other container, hunting-
bag, coat, suit, trunk, grip, satchel or fish basket carried by or
in the possession of such person, and to enter and search any
refrigerator, building, vehicle, car, coach, depot, office, restaurant,
cafe, hotel, or other place of whatsoever nature in which the
officer making such arrest has reasonable ground to believe that
the person arrested has concealed or placed any game or fish
which will furnish evidence of a violation of the game and inland
fish laws of this State, and such arrest, seizure or search may be
made without warrant, except that a dwelling may not be searched
without a warrant, and any bird, animal or fish, or part thereof,
which has been taken, captured or killed, or had in, or proven to
have been in possession of any person in violation of the game and
inland fish laws of this State, shall be deemed prima facie evi-
dence that the person in whose possession the same is found is
guilty of having taken, captured or killed such bird, animal or
fish, and the same shall be seized by said game warden. Upon
demand of any game warden, or other officer, any person found
hunting shall exhibit his license, and refusal to do so shall be a
misdemeanor and prima facie evidence that he is hunting without
license. The game warden shall, while in and about the woods,
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.

(b) Time employed and reports of game wardens.—Game war-
dens shall be employed for such time and receive such compensa-
tion as the commission may authorize. The chairman shall re-
quire regular and special game wardens receiving pay to file a
weekly report with his supervising game warden containing such
information as he may direct and a monthly report with the com-
mission on which he shall record: the date, 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 of-
ficial duty; the date and number of arrests, names of defendants,
offense charged, status of case, and, if tried, whether dismissed
or convicted, and, if convicted, the amount of fines and costs or
other penalty, forfeit, or requirement; the number of hunting,
trapping, fishing and dog licenses or receipt cards inspected; the
number of dogs killed and the fees so earned; 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; the number of persons notified to put tags they may
have purchased on dogs; the fees earned for arrests, acting as
witness, summoning witnesses, mileage or for service in any other
capacity in enforcing the dog, game and inland fish laws, and
such other information as the chairman may deem desirable.
Each supervising game warden shall file a monthly report with
the commission containing the same information. No _ salary
check shall be sent to any game warden until such report is re-
ceived. Special game wardens serving without pay shall report
their activities in such manner as the commission may prescribe
at the end of each quarter. Printed forms for the weekly, monthly
and quarterly reports shall be furnished to the game wardens by
the commission.

(c) Report of prosecutions.—Every court or clerk of any court
before which any prosecution under the dog, game or inland fish
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 require-
ments, if any, to the chairman. For the failure of any court or
clerk to comply with this provision, he shall forfeit to the Com-
monwealth the sum of five dollars in each case, such sum to go to
the credit of the literary fund.

(d) All acts or parts of acts inconsistent or in conflict with
the provisions of this act are hereby repealed to the extent of such
inconsistency or conflict.