268 GAME COMMISSIONS AND WARDENS. 



person arrested shall be taken before a justice of the peace, or magistrate having 

 jurisdiction, and proceeded against as soon as may be, on a week day following the 

 arrest. 



Reports of deputies: Sec. 2798. Every deputy warden shall at the close of each 

 calendar month report in writing and in detail to the game and fish warden the 

 service performed by him during the last preceding month, including an account of 

 the suits commenced at his instance, and the amount of money received by him for 

 fines imposed for a violation of the provisions of this chapter. 



Report of warden: Sec. 2799. Said game and fish warden shall, in the montli of 

 December of each year, file in the office of the secretary of state a report in writing 

 stating in detail an account of the suits instituted by him and his deputies, the amount 

 of fines imposed for violation of said provisions, and the amount of fines collected. 

 The secretary of state shall cause said rejjorts, or so umch thereof as may be of inter- 

 est to the public, to be transmitted bi-ennially to the legislature when in session. 



Resisting" officers: Sec. 2800. Any person who hinders, obstructs or interferes 

 with, or attempts to hinder, obstruct or interfere with said game and fish warden, or 

 any of his deputies, in the discharge of any of their duties, shall be deemed guilty of 

 a misdemeanor, * * * 



Jurisdiction; Prima facie evidence: Sec. 2759. [Protects deer, wild turkeys, 

 quail, etc.] Any justice of the peace of the county, wherein the offense was com- 

 mitted, shall have concurrent jurisdiction of all offenses under this chapter with the 

 circuit court of the county. Any person found with any recently killed venison or 

 fresh deer skins, wild turkey, quail, pheasant or ruffed grouse, in his possession 

 during the time when the killing of deer, wild turkey, or quail, pheasant or ruffed 

 grouse is prohibited l)y this chapter, shall be presumed to have killeil the same; and 

 the reception by any person within this State of any deer, wild turkey, quail, pheasant 

 or ruffed grouse for shipment to a point without the State shall be prima facie evidence 

 that the said deer, wild turkey, pheasant, or ruffed grouse, were killed within this 

 State, for the purpose of carrying the same beyond its limits. 



Clerks; Market masters; Peace officers; Duties; Liability: Sec. 2785. [Pre- 

 scribes close seasons for game birds, limits bag, and prohil)its trapping and use of 

 swivel guns and other devices.] And it is made the duty of the clerk or market 

 master of any city, town or village, within this State, to diligently watch and arrest 

 all persons violating the provisions of this act by having any game or fish, mentioned 

 therein, unlawfully in their possession or vending the same during any of the periods 

 prohibited by this act. And it shall be the duty of the sheriff and his deputies in 

 each county of the State, the chief of police and his deputies in each town or city 

 within the State, and constables of the counties, to inform against and prosecute all 

 persons who, there is probable cause to believe, are guilty of violating any of the 

 provisions of this act. And if any of the aforesaid officers, who shall have been 

 reliably informed that any part of this act has been violated, fail to prosecute the 

 offender they shall be guilty of a misdemeanor, and fined a sum not exceeding 

 twenty dollars. 



Prima facie evidence: Sec. 2789. [Prohibits possession and sale of game birds 

 in close season,] and the possession of such birds or game, shall be prima facie evi- 

 dence that the same were killed or caught by such person or persons, having posses- 

 sion of the same, unlawfully within the State of West Virginia. * * * 



Prosecutions; Attorney's fee; Witnesses; Exemptions: Sec. 2791. All prose- 

 cutions under this chapter shall be in the name of the State of West Virginia, before 

 any court, justice of the peace, mayor, or other officer having jurisdiction, and in 

 any case in which the prosecuting attorney of the county appears, a fee of ten dollars 

 shall be allowed to him to be taxed as part of the costs. And every person called as 

 a witness to any violation of any of the provisions of this act shall be compelled to 



