WEST VIRGINIA. 267 



tuted l)y them respectively, but no money shall be paid to them out of the treasury 

 of the State. They shall hold their offices at the pleasure of the game and fish 

 warden. 



Duties: Sec. 2795. It shall be the duty of the game and fish warden and of his 

 said deputies * * * to enforce the statutes of this State for the preservation of 

 fish and game, and to enforce all other laws of this State for the protection, and propa- 

 gation of birds, game and fish, now in force or hereafter enacted, and to bring or 

 cause to be brought, and to prosecute or cause to be prosecuted, actions and proceed- 

 ings in the name of this State to punish any parties for the violation of said statutes 

 and laws. 



Powers; Search; Prima facie evidence ; Seizure: Sec. 2796. Said warden and 

 deputies may make complaint and cause proceedings to be commenced against any 

 person or persons for the violation of game and fish laws without the sanction of the 

 prosecuting attorney of the county in which such proceedings are commenced, and 

 in such cases they shall not be obliged to furnish security for costs. Said warden 

 and deputies may also appear in any court of competent jurisdiction in this State in 

 any case for violation of any of the laws for the protection or propagation of fish or 

 game, and prosecute the same in the same manner and with the same authority as 

 the prosecuting attorney of the county in which such proceedings are commenced. 

 And in such case, he may, in the event of the refusal or neglect of the prosecuting 

 attorney to act, employ an attorney of his choice, and to such attorney, or to the 

 prosecuting attorney, if he shall act, there shall be taxed in the costs upon conviction 

 a fee of ten dollars in each case. Said warden and deputies shall have power to 

 search any person and examine any boat, conveyance, railroad car, vehicle, fish-box, 

 fish-basket, game-bag or game-coat, or any other receptacle for game or fish, when 

 they have good reason to believe that they will thereby secure evidence of the viola- 

 tion of the laws; and any hindrance or interference, or attempt at hindrance or 

 interference with such search and examination, shall be prima facie evidence of a 

 violation of the law by the party or parties who hinder or interfere with, or attempt 

 to hinder or interfere with such search and examination. Said game and fish warden 

 and deputies shall at any time and at all times seize and take possession of any and 

 all birds, animals or fish, which have been caught, taken or killed at a time, in a 

 manner, or for a purpose, or had in possession or under control, or have been shipped, 

 contrary to any of the laws of this State. Such seizure may be made without a 

 warrant. Any court having jurisdiction of the offense, upon receiving proof of 

 probable cause for Ijelieving in the concealment of any bird, animal or fish caught, 

 taken, killed, had in possession, under control, or shipped contrary to any of the 

 laws of this State, shall issue a search warrant, and cause a search to be made in any 

 place, and to that end may cause any building, enclosure or car to be entered, and 

 any apartment, chest, bar locker, crate, l)asket or package to be broken open 

 and the contents thereof examined by said game or [and] fish warden. All birds, 

 animals or fish, or nets or fishing appliances or apparatus, seized by the said game 

 and fish warden or any of his deinities, or other officer or officers, shall l)e disposed 

 of in such a manner as may be directed by the court before whom the offense is 

 tried, or by any court of competent jurisdiction, and the proceeds of any sales, after 

 deducting all legal costs, shall be paid into the treasury of the State. 



Process; Arrest; Sunday: Sec. 2797. Said game and fish warden and his depu- 

 ties .«hall have the same power to serve criminal i)ri)cess as sheriffs, and shall have 

 the same right as sheriffs to require aid in executing such process. Said warden and 

 deputies may arrest without warrant, any person caught by him or them in the act 

 of violating any of the aforesaid laws for the protection or propagation of birds, game 

 or fish, and take such person forthwith before a justice of the peace, or other magis- 

 trate having jurisdiction. Such arrest may be made on Sunday, in which case the 



