WASHINGTON WEST VIRGINIA. 129 
Penalties: Skc. 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 comity 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 
l)ird, or song bird, was unlawfully taken or killed by the person having possession 
of same. 
Ai^proved, 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 who 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, 
l^rairie 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 oflScers, 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 witliin 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 c(^rporation 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 
