Chap. 312.—An ACT to amend and re-enact Section 51 of the Game, Inland Fish
and Dog Code of Virginia, relating to disposition of certain unlawful devices
for the taking and killing of game and fish. [H B 394]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

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

Section 51. Unlawful devices to be destroyed.—Any gun, trap,
net or other device of any kind or nature for taking wild birds, wild ani-
mals, or fish, except as specifically permitted in this act, or by a regulation
of the Commission shall be considered unlawful and, upon satisfactory
evidence of the guilt of the owner or user and of the unlawful nature of
the article seized, the trial court shall fine the owner or user not less than
twenty-five nor more than one hundred dollars and forfeit such device
to the Commonwealth of Virginia, whereupon it shall be destroyed by
the game warden. If the owner or user of such article cannot be located
within thirty days, the game warden shall destroy the same. The pos-
session of any gun, trap, net, or other device not permitted by law to be
used, under circumstances which may be deemed suspicious, shall be
prima facie evidence of the guilt of the person in whose possession the
same is found. Unlawful fixed devices may be destroyed by the game
warden at the place where the same are found.

The owner or user of any automatic-loading or hand-operated re-
peating shotgun possessed or used in violation of the provisions of this
Code or regulations of the Commission shall be subject to the fine above
provided but such gun shall not be destroyed ; before any such gun shall
be returned to the owner or user the game warden shall make such gun
conform to this Code and regulations of the Commission applicable there-
to, at the expense of the owner.