Sec. 2042 a. Lawful fence under section 2042.-Every fence five feet 1893-4, p. 941. high, which if the fence be on a mound shall include the mound to the bottom of the ditch, shall be deemed a lawful fence as to any of the stock named in section two thousand and forty-two of the code of Virginia which could not creep through the same.

Sec. 2048. How boundary lines of lots and tracts of land made As Amended a lawful fence.-The board of supervisors of any county except the county Previous 1895-6, p. 466. of Alleghany, after posting a notice of the time and place of meeting for Amendments 1889-90, p.20.141. thirty days at the front door of the court-house, at each voting place in the 1895-6, p. 401. county, and by publishing the same once a week for four successive weeks in some newspaper of such county if any such be printed therein, a majority of the board being present and concurring, may declare the boundary lines of each lot or tract of land in such county or in any magisterial district thereof or any selected portion of such county to be a lawful fence as to any or all of the animals mentioned in section twenty hundred and fortytwo; and to the extent the said board shall so declare the boundaries of each lot and tract of land shall constitute a lawful fence as to the said animals or such of them as may be named after six months from the time of such action by the board, and to such extent section twenty hundred and thirty-eight shall be inoperative from and after the said six months.

CHAPTER XCIV.

OF ESTRAYS AND DRIFT PROPERTY.

Sec. 2065. Right of recovery by former owner.-The former owner As Amended may at any time after recover the valuation money except the amount of 1895-6, p. 531. the clerk's and printer's fees and such compensation for keeping the property as shall be certified under oath by any two freeholders in the county or corporation where the property was valued to be reasonable, and also fees of the justices and the freeholders for services rendered by them.

CHAPTER XCV.

FOR THE PRESERVATION OF CERTAIN USEFUL ANIMALS, AND TO PREVENT
UNLAWFUL HUNTING.

Previous

Amendments 1889-90, p. 26, 30. 1891-2, p. 974.

Sec. 2071. Unlawful hunting, trespassing, &c., on another's lands.— As Amended If any person without the consent of the owner or tenant shoot, hunt, 1895-6, p. 705. range, fish, trap, or fowl on or in the lands, waters, mill-ponds, or private ponds of another which are enclosed, or the boundaries of which or the streams adjacent to which constitute a lawful fence, or on any lands, waters, mill-ponds, or private ponds of another east of the Blue Ridge or in the waters on said lands he shall be deemed guilty of a trespass, and upon conviction thereof shall be fined not less than five dollars nor more than fifty dollars, and in addition thereto shall be liable in action for damages; and if any person after being warned not to do so by the owner or tenant of any premises shall go upon the lands of the said owner or tenant he shall, in addition to the liabilities imposed under this section, be deemed guilty of a misdemeanor, and upon conviction thereof punished by a fine not exceeding fifty dollars or imprisonment in the county jail not exceeding sixty days, or both in the discretion of the jury.

As Amended 1891-2, p. 984.

As Amended 1891-2, p. 1070.

1895-6, p. 175.

As Amended 1897-8, p. 7.

As Amended 1897-8, p. 7.

As Amended

1889-90, p. 149.

Sec. 2072. In certain counties.-If any person shoot, hunt, range, or fowl on the lands or in the water courses comprehended within the survey of any proprietor of lands in the counties of Alexandria, Fairfax, Prince William, Stafford, and King George, and within five miles of navigable tide-water, without license in writing from the owner or tenant of said lands, he shall, besides being liable to such owner or tenant in an action for damages, forfeit to the informer three dollars for the first offence, six dollars for the second offence, and nine dollars for each succeeding offence, the forfeiture in each case to be double if the offence be committed in the night or on Sunday; and he shall likewise forfeit to the informer in each instance his boat or other means of conveyance, his gun, dogs, and all his shooting and hunting apparatus used in the commission of the offence, and be liable for all costs and expenses incurred in apprehending and prosecuting him for the recovery of said forfeiture.

Sec. 2075. Penalty on non-resident for killing wild fowl in waters, &c.-No person who is not an actual resident of this state shall shoot at, catch, or kill any wild fowl in any waters or on any marshes, islands, or beaches within the jurisdiction of the state below the head of tide-water. This section shall not apply to non-residents shooting, catching, or killing wild fowl within the jurisdiction of the counties of Accomac and Northampton: provided, such shooting, catching, or killing shall be for sport and pleasure and not for profit: and provided, further, that such non-resident shall be under the direction or guidance of a resident of this state. Any person violating the provisions of this section shall for each offence be fined one hundred dollars, one-half of which shall be to the informer.

Sec. 2078 a. To prevent the extermination of partridges (or quail). 1. That it shall be unlawful for any person to kill or capture any partridges (or quail) in the state of Virginia until the tenth day of December, eighteen hundred and ninety-seven, or to offer for sale or buy any partridges (or quail) so unlawfully killed or captured in said state within the time above specified: provided, however, that the following counties shall be exempt from the operations of this amendment, and the act amended shall remain in full force as to such counties, to wit: Albemarle, Greene, Fauquier, Loudoun, Rockingham, Culpeper, Madison, Rappahannock, Fairfax, Prince William, Alexandria, Tazewell, Russell, Buchanan, Dickenson, Shenandoah, Frederick, Clarke, Page, Washington, Grayson, and Smyth.

2. Any person violating this act shall be deemed guilty of a misdemeanor and fined ten dollars for each offence and imprisoned in jail until the fine be paid, but not exceeding thirty days.

3. In any prosecution of a person for a violation of this act proof of the possession of any such birds shall be prima facie evidence of guilt.

4. The operation of section two thousand and seventy-nine of the code of Virginia and of any special game law, so far as it relates to this particular game and is in conflict with this act, is hereby suspended until the tenth day of December, eighteen hundred and ninety-seven.

NOTE.-Repealed as to Dinwiddie county. Acts 1897-'8, page 9.

Sec. 2079. Unlawful hunting.-It shall be unlawful for any personFirst. OF DEER.-To kill or capture any deer or chase any deer with dogs with intent to kill the same (such deer not being his own, tamed or enclosed in a park) from the first day of January until the fifteenth day of August; or to chase any deer with dogs in the county of Frederick at any time prior to the eighteenth day of January, eighteen hundred and eighty-eight; or,

Amendment 1891-2, p. 282.

Second. OF PARTRIDGES, PHEASANTS, OR WILD TURKEYS; DESTRUCTION AS Amended 1893-4, p. 385. OF THEIR EGGS.-To kill or capture or offer for sale or buy any partridges Previous or quails between the first day of January and the fifteenth day of October (except in Fluvanna county) or any pheasants or ruffled grouse or wild turkeys between the first day of February and the fifteenth day of September in the counties west of the Blue Ridge (except Rockbridge), and in Rockbridge and the counties east of the Blue Ridge (except Prince Edward) between the fifteenth day of January and the fifteenth day of October, and in Prince Edward between the first day of March and the fifteenth day of October, or at any time to take or destroy the eggs of partridges or quails, pheasants or ruffled grouse or wild turkeys or capture them with nets or traps. And in Fluvanna county it shall be unlawful to kill or catch or offer for sale or buy any partridges or quails between the fifteenth day of January and the fifteenth day of October.

Third. OF WILD WATER FOWL.-To kill any wild water fowl (except the summer duck) between the first day of May and the first day of September, or to kill any wild water fowl except from the land at any time during the night; or to kill them with a gun which cannot be conveniently raised and fired at arm's length from the shoulder without a rest; or at any time to capture them in traps or nets or by other contrivances: provided, that wild geese may be killed either during the day or night, but in no case shall floating reflectors, lamps, or lights of any kind be used in shooting them in the night, and nothing in this clause shall apply to the wild water fowl called sora; or,

Amendment

Fourth. OF MARSH HEN, WILLETT, OR GULL; THEIR EGGS.-To shoot or in Previous any manner kill or destroy the bird known as the marsh hen, or take its 1889-90, p. 124. eggs later in the season than the twentieth of June; or shoot or in any manner kill or destroy the bird known as the willett, or take its eggs later in the season than the twentieth of July; or shoot or in any manner kill or destroy the bird known as the gull or striker before the first day of September, or take its eggs later in the season than the twentieth of July; or, Fifth. Or woODCOCK, MOCKING-BIRD, BUZZARD, &C.-To kill or capture woodcock between the first day of April and the first day of November, or at any time to kill the turkey buzzard or black buzzard, or to capture for sale or transportation or kill the mocking-bird, or kill or capture the brown thrush, cardinal or red bird, wood robin, blue bird, house martin or starling, or destroy their nests; except in Alexandria and Fairfax counties it shall not be lawful to kill or capture woodcock between the first day of January and the fourth day of July of each year.

CHAPTER XCV A.

THE BOARD OF FISHERIES.

Sec. 2082 a. To create the board of fisheries of Virginia, define its duties, and fix the salary of its members.-1. The office of fish commissioner be and the same is hereby abolished and all his duties and powers are vested in and imposed upon the board of fisheries hereinafter created. 2. As soon as practicable after the passage of this act it shall be the duty of the governor to appoint five persons, to constitute and be known as the board of fisheries of Virginia, whose term of office shall be four years. Two of these appointees shall be versed in and have practical knowledge of the oyster and fish industry, and shall be from the tidewater section of the state; one of these two appointees shall be designated and appointed by the governor as chairman and chief inspector, and the other

1897-8, p. 248.

as secretary of said board, who shall be assistant inspector of fisheries. The governor shall appoint the other three members on this board from different sections of the state.

3. All members of said board shall be sworn into office in the presence of the secretary of the commonwealth, who shall thereupon issue to each of them a commission designatiug each as a member of the board of fisheries of Virginia and also designating the chairman and secretary, each commission to bear the signature of the governor, be countersigned by the secretary of the commonwealth, and bear the seal of the state. The chairman and secretary of the said board shall enter into bond in the penalty of two thousand dollars with sufficient surety to be approved by the governor payable and conditioned as required by section one hundred and seventy-seven of the code of Virginia.

4. It shall be the duty of said board to establish an office or offices in some convenient place in tidewater, and stated meetings shall be held by said board as often as may seem advisable and necessary.

5. It shall be the duty of said board to see that all laws relating to oystering, planting and cultivation of oysters and clams in the waters of the state, and all laws relating to the catching and propagating of fish, crabs, and terrapin in the waters of this state are faithfully observed; that all persons engaged in the oyster and fish industries are fully protected in all their respective rights.

6. It shall be the duty of this board to see that the laws are properly enforced by inspectors for the collection of taxes, fines, rents, and other revenues due to the state from said industries, and to require of each inspector during the first ten days of every month a complete report of collections during the preceding month from any source under his supervision, giving in tabulated form and in detail for what and from whom said collections are made, as well as a proper classification of said collections, whether from taxes, fines, rents, or other sources, accompanied by such information in regard thereto as may be of service to the board in the discharge of their duties. A duplicate of said report the inspector shall also forward to the auditor of public accounts accompanied by all revenue collected during the preceding month. A failure to furnish such report and pay to the auditor of public accounts the revenue shown by said report to have been collected for the preceding month shall at the discretion of the board subject such delinquent inspector to the penalty of removal from office or be subjected to a fine of not less than twenty-five dollars nor more than fifty dollars.

7. The auditor shall provide the board with necessary blank forms for the use of the board and for the inspectors' reports as may be required in the execution of their duties.

8. It shall be the duty hereafter of said board to fill all vacancies occurring in the office of oyster inspector; to appoint additional inspectors as the demands of the public interest may require; to abolish such offices when unnecessary, and to remove any inspector from office for negligence, inefficiency, or malfeasance in office. Any inspector appointed under this act shall qualify before the judge of the county or corporation court of the county or corporation in which his district may be by taking the oath and entering into a bond with sufficient surety in the penalty, payable and conditioned as required by law.

9. The said board shall do and perform all other duties now imposed by law on the board of the Chesapeake and tributaries and on the fish commissioner.

10. The said board shall appoint the captains of steamers and vessels used by the state for the protection and guarding of oyster-beds of the commonwealth and to enforce the oyster laws thereof, who shall be experienced seamen acquainted with the waters of the Chesapeake bay and its tributaries, one of whom shall be designated as captain-in-chief, and all of whom shall hold their office at the will and pleasure of the board. Each captain shall employ by the month the necessary crew of men for each steamer or vessel as the case may be, subject, however, to the approval of the board. The pay of the captains and crew shall be fixed by the board, and the captain of each steamer or vessel shall forward to the secretary of the board during the first ten days of every month a report of the services of his steamer or vessel for the preceding month and also a tabulated statement in detail of the expenses incurred during the month, and such statement shall embrace-first, the pay of the crew, giving name and salary of each man; second, food expenses; third, repairs, fuel, and other incidentel expenses of said steamer or vessel; and any failure to furnish said report shall subject the delinquent captain to suspension and forfeiture of pay during suspension or absolute removal, at the discretion of the board, and the captain shall co-operate in carrying out all the provisions of the oyster laws of this state, and especially in protecting all citizens of Virginia in the exercise of their oystering and fishing rights, subject to the orders of the captain-in-chief, all of whom shall be subject to the command of the governor as commander-in-chief of the land and naval forces: provided, however, nothing in this act shall be construed as removing any captain of steamer or vessel heretofore appointed under laws in force before the passage of this act, but the same shall hold their office at the will and pleasure of the board of fisheries.

11. The board shall have authority to supply ammunition, provisions, and fuel necessary for the use of the steamers, vessels, and their crews either by direct purchase or by letting the same, when practicable, to the lowest bidder after due advertisement. It shall also have authority to dismiss captains or other employees on said steamers or vessels and appoint others in their stead, and shall license such armament and ordinary repairs to be made to vessels, machinery, and furniture as may be necessary to keep them in serviceable condition, and see that the steamers and vessels in their appointments are at all times kept clean and otherwise in good serviceable condition.

12. The board shall have authority to adopt rules and regulations for police of the waters of the commonwealth by said steamers or vessels and their commanders, and may remove any captain or other employee upon such steamer or vessel for any violation of such rules and regulations and appoint and employ some other person in his place; it shall have authority to require the captain-in-chief of the oyster police, and through him or his subordinates, to report to it at any time and place to enable them to fully carry into execution the provisions of this act, and to convey and accompany it or any one of said board on such tours of inspection as may be deemed necessary to the discharge of their duties. The board shall take cognizance of all communications made to them by oyster inspectors or other officials relating to violations or evasions of the laws of the state affecting said industries; to take such action as may be necessary to correct the same under existing laws, and to do any and all things which in their judgment may seem right and proper to protect the oyster and fish industries and all persons and property lawfully engaged therein.

13. The salary of the chairman of said board is hereby fixed at twelve hundred dollars per year; the salary of the secretary shall be fixed at one