134 GAME COMMISSIONS AND WARDENS. 



county auditor into county treasury to credit of county game fund; fines in certain 

 cases are paid into county treasury for game fund. 



(4) Administrative provisions; Evidence: Possession of game, except ducks, 

 geese, brant, and snipe to the number permitted to be taken in November presump- 

 tive evidence of illegal taking. 



Prosecution must be begun within one year. 



WEST VIRGINIA. 



(1) Officers: Game and fish warden; office established May 18, 1897; term, four 

 years; salary, $1,000 per annum and allowance for mileage. 



Duties and powers. — Required to enforce game and fish laws; to bring or cause to 

 be brought actions and proceedings for violation of laws; authorized to prosecute in 

 same manner as prosecuting attorney, without his sanction, and with same authority; 

 to issue licenses; required to file in the office of the Secretary of State in December 

 of each year a report to be transmitted to legislature at every session. 



Deputy wardens. — Appointed by State warden, to hold office during his pleasure; 

 to receive the fines when recovered on prosecutions brought by them ; sheriffs, deputy 

 sheriffs, or assessors may be appointed deputy game wardens with same authority as 

 State warden in prosecutions. 



All wardens are required to enforce game laws and vested with authority to search 

 any person and examine any boat, conveyance, car, vehicle, fish box or basket, game 

 bag or coat, or other receptacle for evidence of violation of law, and interference with 

 such search is a misdemeanor; authorized to seize, without warrant, game unlawfully 

 taken, shipped, or possessed, and to arrest, without warrant, persons found violating 

 the laws; have powers of sheriffs to serve criminal process, and to require aid in 

 executing it, and authority to employ an attorney to conduct prosecutions in case of 

 refusal on part of prosecuting attorney. 



(2) Other officers: Clerks and market masters required to arrest persons unlaw- 

 fully in possession of or selling game; sheriffs, deputy sheriffs, constables, and chiefs 

 of police required to prosecute violations and deemed guilty of an offense if they fail 

 to do so. 



(4) Administrative provisions: Proof or probable cause for believing that game 

 unlawfully taken has been concealed is ground for issue of a search warrant to search 

 any building, inclosure, or car, to break open any compartment, chest, bar, locker, 

 crate, basket, or package and examine contents; interference or attempt at inter- 

 ference with such examination prima facie evidence of violation of law; seized 

 game to be disposed of as court may direct; arrests may be made on Sunday; every 

 person called as a witness is required to testify, but his testimony can not be used 

 against him in any prosecution for such offense, and no person against whom such 

 witness has testified shall be allowed to appear as a witness against him in any pros- 

 ecution for same offense or one of like nature committed before prosecution in which 

 he appears as a witness; possession of game in close season prima facie evidence of 

 illegal killing; reception of deer, turkey, quail, and ruffed grouse for shipment out 

 of State prima facie evidence of killing in State for such purpose; fee of $10 taxed as 

 costs in every conviction to be paid to prosecuting attorney of county or attorney 

 selected by warden to conduct prosecution; license fees and proceeds of sale of seized 

 game to be turned into State treasury to credit of general fund; licensees must pro- 

 duce their license when required by prosecuting attorney, sheriff, justice of the peace, 

 assessor, constable, any warden, or owner of land upon which they are hunting at 

 time, and failure to do so is a misdemeanor. 



Prosecution must be begun within one year. 



