Part I

their respective duties, execute a bond, the warden in the penalty of three thousand Bonds of rcarden dollars, and the chief deputies in the pen- fir'd nhief deputy nity of one thousand dollars with security warden. therein to be approved by the governor. and conditioned for the faithful perform- ance of their duties, and to account for and pay over all moneys and property coming into their hands, due and belonTinor to the state, which said bonds, after having been approved by the srovernor, shall be deposited with the auditor [Sess. Laws, 1909, Chap. 60.] ) (11 Sec. 2784-10. 'JMu> forest, ;4anio and tisli warden shall be allowt'd all necessary printing, printed blanks, stationery ancl postage ; but before he shall incur any ex- Printi)!!/, blanks, pense for printing, he shall first make re- stationcri/ and quisilion therefor upon the governor, who, postafje for icarclen. in his discretion, approving the same, shall issue his warrant to the warden for said printing, the cost and expense therefor to be paid out of the state treasury. [Sess. Laws, 1909, Chap. 60.] Sec. 278r)-ll. The forest, game and fish warden and deputy wardens may make complaint and cause proceedings to be instituted against any person or per- Institiition of proceedings for sons, or corporation, for the violation of any of the game, fish, bird and forest violation of f/ame, fish, bird and forest laivs. laws, without the sanction of the prosecuting attorney of the county wherein such proceedings are instituted ; and in all such cases they shall not be required to give security for costs. Any of said officers ma.v also appear in any court of competent .lurisdiction in this state, in any case for violation of any of the laws for the protection of forests, or the protection, preservation and propagation of game, fish and birds, and prosecute the same in the manner and with the same authority, as the prosecuting attorney of the county in which such proceedings are had. And in such eases they may, in the event of the refusal or neglect of the prosecuting attorney to act, employ an Emploijment of attorney of their choice, and to such attor- attorneys, irhen. ney. or to the prosecuting attorney if he shall act. there shall be taxed in the costs, upon conviction, a fee of ten dollars in such case. [Sess. Laws, 1909, Chap. 60.] Sec. 2788-14. Any of the officers herein, whose duty it is to enforce the game, fish, bird and forest laws of this state, shall have the same right and power as Arrests, and sheriffs to summon aid in making arrests, searches and seizures, or executing any process ; and any seizures. Sum- person, or persons, so summoned, and re- woning aid. fusin-i- to act, shall be liable, upon convic- tion, to the same fines and penalties, the same as if summoned by a sheriff. Such arrests may be made on a Simday. in which case the person, or persons arrested shall be taken before a justice, having jurisdiction. ( 12 ) and proceeded against as soon as maj' be on a week day following such arrest. [Sess. Laws, 1909, Chap. 60.] Sec. 2789-15. The appointed deputy wardens shall, on the first of the months of February, June, September and De- cember of each year make a report under Reports iy oath to the forest, game and fish warden deputy wardens, which reports shall show in detail, the work done by them severally during the three months next preceding. The forest, game and fish warden shall furnish the deputy wardens all necessary blank forms and stationery for making said reports. All such re- ports shall show an account of the suits commenced, the justice or court before whom such proceedings were had, the number and kinds of game, fish, birds and property seized, and what disposition was made of the same, the amount of proceeds of sale, and the amount of money, if any, received by him fpr fines imposed, or from any other source provided for by this chapter. All ex officio deputy wardens shall make a report to the forest, Reports ty ex game and fish warden on the first day of officio wardens. February, June, September and December of each year if they have instituted any proceedings or collected any moneys under the provisions of this chapter during such preceding three months, and all deputy wardens shall within thirty days after its receipt pay over to the forest, game and fish warden \Paying over the fines collected by him, and the bonds of fines.'] of all ex officio wardens shall be liable for any such moneys received by them. All justices and judges before whose courts any case under this chapter comes shall on the first day of Reports hy February, June, September and December, justices and of each year, if there has been before this jtidges. court any case under this chapter, report Contents. to the state forest, game and fish warden all money collected by him and the status of all cases pending or started in his court. [Sess. Laws, 1909, Chap. 60.] Sec. 2791-16. deputy wardens, False returns of moneys collected Tlie forest, game and fish warden and or any other officer who shall make any false return as to moneys collected or dis- bursed by him, as provided for in this chapter or does not pay over to the proper ( 13 ) or dishursed. officer as provided in this chapter, moneys collected by him for fines, shall be deemed Punishment. Kuilty of a felony, and upon conviction thereof shall be confined in the peniten- tiary not less than one year nor more than five years. [Sess. Laws, 1009, Chap. 60.] Sec. 2792-17. Any person who hinders, obstructs or inter- feres with, or attempts to hinder, obstruct or interfere with, the forest, game and fish warden and Hindering, oh- <leputy wardens in the discharge of any of structi-ng or in- their respet'tive duties herein, shall_ be terfcring icith deemed guilty of a misdemeanor, and upon narden or deputy conviction thereof, shall be fined not less Hardens. Punishment. than twenty-five dollars nor more than two hundred dollars, together with the costs of the prosecution, and in default of payment thereof shall be confined in the county jail until said fines and costs are paid ; provided, however, that such imprisonment shall not exceed ninety days. [Sess. Laws, 1909, Chap. 60.] Sec. 2803al0-29. All prosecutions under this chapter shall be in the name of the state of West Vir- Prosecutions for ginia, before any court or justice having violations jurisdiction, and the justice shall have con- of chapter. To he in name current jurisdiction with the circuit and other courts in all misdemeanors, and in of state. any case in which the prosecuting attorney Jurisdiction. appears, a fee of ten dollars shall be al- lowed him, to be taxed as a part of the Fee of prosecut- costs of the case, and collected off the de- ing attorney. fendant, in case he is convicted. [Sess. Laws, 1909, Chap. 60.] Sec. 2803all-30. Every person called as a witness in any case for the violation of any of the provisions of this chapter, shall be compelled to testify fully ; but his Witnesses. testimony shall not be given in evidence Privilege and competency. against him in any prosecution for such ottense and no person against whom such ; witness shall so testify, shall be competent as a witness for the state, in the prosecution against such witness for the same offense or matters to which said witness so testifiod. nor for any violation of any provisions of this chapter, alleged to have boon committed before the com- (14 ) mencement of the prosecution in wbicli he is examined as such witness. [Sess. Laws, 1909, Chap. 60.] Sec. 2S03al2-31. All moneys collected and due the state, under and by virtue of the provisions of this chapter, shall be disposed of, as follows : The net pro- Moneys collected, ceeds of all fines collected from convictions Disposition of. of the violations of any section of this chapter, shall after the payment of the amounts fixed by this chapter to the proper deputy wardens and the costs as provided by law, bo paid into and credited to the "school fund" of the state, as provided by the con- stitution : all other moneys duo the state by virtue of any of the provisions of this chapter shall be paid into the state treasury and credited to the "forest, game and fish pro- tective fund." [Sess. Laws, 1900, Chap. 60.1 Sec. 280.3a 1.3-82. In all cases whore any person has been indicted for the violation of any of the provisions of this chapter, and has escaped or removed to an- Reqiiisitioiis other state, all costs of requisition and and extradition. extradition papers and all other costs and expenses of securinc: and bringins? such person back into this state, shall bo charged as a part of the costs of prosecution against such i)orson ; and if such costs of requisition and extradition papers and expenses can- not be secured from such person, they shall be paid out of the "forest, srame and fish protective fund." [Sess. Laws, 1909. Chnp. 60.1 Krpeal. repealed. Sec. 2S03a37-.^>6. All acts and parts of acts in conflict with this act are hereby [Sess. Laws, 1909, Chap. 60.] ( 15 ) '] TART II. Fires. . , (1) rrotectire Si/stcm. > Sec. 2S0:ia:^2-r)l. [Code of West Va., .Stipp., 100t)|. The forest, game and fish warden shall be ex officio (ire warden of the state of West Virginia, and all Forest fires. deputy wardens shall also be deputy fire Fire irardcii. wardens for their respective counties in Deputy fire which each may reside. In case of fire in, irardeiis. or threatening to forest or woodland, the Poicers and deputy fire wardens of the county wherein duties. such fire is. shall upon receiving notice thereof, forthwith attend and use all necesv sary means to confine and extinguish the same. He may destroy fences, plough land, or, in an emergency, set back fires to check fire. He may hire volunteers or summon any resident of Iiis county to assist in putting Hiring volunteers out fires. Any person summoned who is or summoning physically able and refuses to assist, shall assistance to forfeit the sum of ten dollars as a penalty extinguish fires. therefor. An action of trespass sbalJ not lie against persons crossing or working upon lands of another to extinguish fire. In case a forest fire burn over more than one acre of land, the deputy fire warden of the county in which it occurs shall make report thereof to tlr(> warden, giving the area \ Report hg burned over, the quantity of timber, wood, (h'putg irarden.] logs, bark or other forest products, and of fences, bridges and buildings destroyedt with an estimate of the value thereof. He aNo shall report the cause of such fire and the means used ard cost expended in putting it out. [Sess. Laws, 1009, Chap. <^0.^ Sec. 280.'',a.1.3-52. Deputy wardens shall receive the sum of two dollars per day for the time actually eir-'iloyi'd at forest fires, and each county court may fix the Deputif fire price to be paid per day, not exceeding two irardens. dollars for services of laborers at forest Compensation . fires in their respective counties, and serve notice thereof on the warden and the deputy wardens, resident in such county. All services ren- ( 16 ) ISworn statement deied at forest fires shall be a charge as to services rcndcred hy against the county, and each deputy warden shall render within twenty days after deputy wardens such fire to the county court thereof, a and persons hired sworn statement of the time used hy him or summoned.] at such fire with the location of the same and the names of all persons hired or summoned by him, who assisted him there- at, together with the time each worked and the county court shall pay such deputy warden and assistants out of the county funds, after it has examined such reports and is satisfied with the correctness thereof. [Sess. Laws. 100!>, Chap. 60.] Sec. 2803aoG-r�rt. The forest, game and fisli warden in the name of the county in which any forest Forest fires. fire has occurred, and which has l)een ox- Recovery of tingnished or suppressed by his efforts, expense of ex- shall recover from the person or persons, tinguishment. firm or corporation giving origin to such fire, the amount so expended in extlnguish- Recovery of ing said fire and the costs thereof, and the damacjcs. same shall not bar the rights of damage between the parties thereto. [fTess. Laws, 1909. Chap. 60.] C2) General provisions conceriiiiif/ i�Uiu<i fire 1o irnods, brush, (jras.^, etc. Sec. 280;?a.'i'4-r>*5. Whoever by himself, or by his servants, agents or guide, or as the servant, agent or guide