Chap. 271.—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. [S 207]

Approved March 17, 1944

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 fol-
lows:

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, and after having been warned by such
landowner or his agent not to do so, shall be deemed guilty of a
misdemeanor, and shall be punished by a fine of not more than fitty
dollars or by confinement in jail for not more than thirty days, or
by both, in the discretion of the court or jury trying the case.

Adequate warning, for the purposes of this section, may be given
by appropriate signs or posters placed on such property in con-
spicuous places, including some place or places as near as practi
cable to any public road or roads running through, bordering on.
or in the vicinity of such property. Any person who goes upon the
lands, waters, ponds, boats or blinds of another, upon which signs
or posters have been placed as hereinabove provided, to hunt, fish
or trap shall be deemed to have been so warned, and if he fails to
produce a written permit, signed by the owner of such property or
his authorized agent, he shall be prima facie guilty of the offense
herein defined. The production of a written permit, however, signed
by the owner or his authorized agent, which permit has not been
revoked, or a written statement from such owner or his authorized
agent, requesting that such prosecution be dismissed, shall be a
complete defense to any prosecution hereunder.

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 pun-
ished 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 cultivation, 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 four-
teen thousand and less than twenty thousand inhabitants, which
adjoins a county within the geographical bounds of which is lo-
cated 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 para-
graphs 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 hes 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 prop-
erty.