WASHINGTON WEST VIRGINIA. 129 



Penalties: Sec. 18. Every person convicted of any of the misdemeanors defined 

 in the foregoing sections of this act, shall be punished by a fine of not less than ten 

 dollars (|10) nor more than one hundred (|100) dollars, together with the costs of 

 the prosecution in such action, and in default of the payment of said fine, shall be 

 imprisoned in the county jail one day for each two dollars (|2) of such fine; and upon 

 the trial of any person, agent or employe of a company or corporation, proof of the 

 possession of the wild animals, birds, or song birds, when it is unlawful to take, kill 

 or have same, shall be prima facie evidence that the said wild game animal, game 

 bird, or song bird, Avas unlawfully taken or killed by the person having possession 

 of same. 



Approved, March 11, 1897. 



Session Laws of 1901, Chap. CXXXIV, pp. 280-281. 



Export: Sec. 5. That [section] 7358 of Ballinger's Annotated Codes and Statutes 

 of Washington be and the same is hereby amended to read as follows: Section 

 7358. Every steamboat company, railroad company, express company, or other 

 common carrier, their officers, agents and servants and every other person w^ho shall 

 transfer, carry or take out of this State, or who shall receive for the purpose of trans- 

 ferring from this State any of the wild game birds or animals enumerated in this act 

 [moose, elk, caribou, antelope, mountain sheep, mountain goat, deer, grouse, partridge, 

 prairie chicken, sage hen, native pheasant, ptarmigan, swan, sand-hill crane, rail, 

 plover, any game duck or other game water fowl] , shall be guilty of a misdemeanor 

 and upon conviction thereof shall be punished as hereinafter provided: Provided, 

 however, That upon the granting of a similar privilege by the Legislature of the State 

 of Oregon ^ or Idaho to the citizens or residents of the State of Washington, nothing 

 in this section shall be construed to prevent any citizen or resident of the State of 

 Oregon or Idaho from personally taking with him any game to the limit of one day's 

 hunt, killed by himself, in the State of Washington, when it is lawful to take and 

 kill the same; but this provision shall be strictly construed, and the burden of the 

 proof shall be upon the person taking with him such game to establish the fact that 

 the same was personally killed by himself: Provided, that nothing in this section 

 shall be construed to prevent any steamboat company, express company, railroad 

 company, or other common carrier, their officers, agents and servants, from receiving 

 any of the game birds or animals enumerated in this act from transferring them 

 from one point to another point within this State when said game birds or animals 

 are accompanied by the affidavit of the shipper that the same is not shipped for 

 sale or profit. 



Approved March 18, 1901. 



WEST VIRGINIA. 

 Acts of 1899, chap. 22, p. 89. 



Export: [Sec] 1. * * * No person, firm or corporation shall at any time kill 

 or have in possession any deer, wild turkey, quail, pheasant or ruffed grouse, or 

 any part of the same, with the intention of sending or transporting the same or hav- 

 ing the same sent or transported beyond the limits of this State. 



Any person violating this section shall be guilty of a misdemeanor, and upon con- 

 viction thereof shall be fined not less than twenty dollars nor more than fifty dollars, 

 and may, at the discretion of the court or justice trying the case, be confined in jail 

 not more than ten days. 



* * * 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 



^ Same privilege granted in Oregon. See p. — , 

 5037— No. 16—01 10 



