(House Bill No. 106.) CHAPTER 92. AN ACT to amend and re-enact section twelve of chapter fifty-six of the Code of West Virginia of one thousand eight hundred and ninety-nine, relating to toll roads and turnpikes. [Passed February 8, 1901. In effect 90 days from passage. Approved February 18, 1901.] Be it enacted by the Legislature of West Virginia: 1. That section twelve of chapter fifty-six of the code code of West Virginia of one thousand eight hundred amended. and ninety-nine, be amended and re-enacted so as to read as follows: pikes. tion. 12. The said tolls may be demanded and collected Tolls on toll of every person passing the toll gate, whether he shall roads and have traveled the whole or only a part of the section or fractional part: provided, that the said toll road or proviso. turnpike shall be made so as to conform to the following specifications: All roads or turnpikes, other than -constructhe Bethany and Wellsburg turnpike, of Brooke coun- tion; excepty, and that portion of Weston and Gauley bridge turnpike road in Nicholas county, shall have a smooth road bed of not less than fifteen feet in width, exclusive of ditches, and shall be well side ditched and drains, etc. drained. All cross drains shall be underdrained, or riprapped, when necessary. All running bridges, streams requiring bridges of fifty feet in length, or less, and such others as the county court of a county may direct, shall have a bridge or culvert across the same sufficiently strong and sufficiently wide to insure safe passage to all kinds of vehicles: provided, proviso. further, that no toll shall be collected unless said toll road or turnpike be constructed in accordance with this section; but no such tolls shall be hereafter im tolls in Ohio posed and collected in Ohio county; and provided, hibited. further, that any citizen of this state may bring an action or suit to prevent the unlawful collection of such to suits, etc. tolls. culverts, etc. county pro proviso as 2. All acts and parts of acts conflicting with this Acts repealed. act are hereby repealed. (Senate Bill No. 10.) Code amended. Game warden, govornor to appoint. -term. -salary. -mileage. CHAPTER 93. AN ACT to amend and re-enact section 19a, of Chapten sixty-two of the Code of West Virginia of one thousand eight hundred and ninety-nine, relating to the appointment of a Game and Fish Warden and prescribing his duties and compensation. [Passed February 6, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: That section 19a of chapter sixty-two of the code of 1899, be amended and re-enacted as follows: Sec. 19a. I. That it shall be the duty of the governor to appoint some person, a resident of this State, to the office of game and fish warden. Said warden shall hold his office for four years or until his successor has been appointed and qualified, unless removed for cause by the governor. He shall receive for his services the sum of one thousand ($1,000.00) dollars a year, to be paid out of the treasury, quarterly, after being duly audited; and shall be allowed mileage of three cents a mile while traveling by railroad or steamboat, and ten cents a mile while traveling otherwise than by railroad or steamboat, for the distance necessarily traveled for the purpose of enforcing this act: provided, always, that the mileage expenses of said warden shall be reported quarterly under oath, to the governor, and approved by him, approve, etc. and he also shall have the power to fix and limit from time to time the amounts to be so expended. Said game and fish warden shall select such person or persons as he may deem fit, including any sheriff, deputy sheriff or assessor, to act as deputy game and fish warden in the several counties of the State, and if approved by the governor, he shall appoint them deputy game and fish wardens. -report of mileage expenses. -governor to -deputy game wardens. -compensa tion of deputies. -term of deputies. The deputy game and fish wardens shall receive for their services the fines accruing from such prosecutions as may be instituted by them respectively, but no money shall be paid to them out of the treasury of the State. They shall hold their offices at the pleasure of the game and fish warden. duties of war tors. II. It shall be the duty of the game and fish-powers and warden and of his said deputies to seize all nets' of den to enforce illegal mesh found in this State and all nets and other game and fish laws and fishing apparatus or appliances found in use in viola- punish violation of the laws of this State, and to enforce the statutes of this State for the preservation of fish and game, and to enforce all other laws of this State for the protection and propagation of birds, game and fish, now in force or hereafter enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of this State to punish any parties for the violation of said statutes and laws. further powof warden. ers and duties III. Said warden and deputies may make com plaint and cause proceedings to be commenced against any person or persons for the violation of game and fish laws without the sanction of the prosecuting attorney of the county in which such proceedings are commenced, and in such cases they shall not be obliged to furnish security for costs. Said warden and deputies may also appear in any court of competent jurisdiction in this State in any case for violation of any of the laws for the protection or propagation of fish or game, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of the county in which such proceedings are com menced. And in such case he may, in the event of the refusal or neglect of the prosecuting attorney to act, employ an attorney of his choice, and to such attorney, or to the prosecuting attorney, if he shall act, there shall be taxed in the costs upon conviction a fee of ten dollars in each case. Said warden and deputies powers as shall have power to search any person and examine etc. any boat, conveyance, railroad car, vehicle, fish-box, fish-basket, game-bag or game-coat, or any other receptacle for game or fish, when they have good reason to believe that they will thereby secure evidence of the violation of the laws; and any hindrance or interference, or attempt at hindrance or interference with such search and examination, shall be prima facie evidence of a violation of the law by the party or parties who hinder or interfere with, or attempt to hinder or interfere with such search and examination. Said -powers as game and fish warden and deputies shall at any time to seizure, etc. and at all times seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at a time, in a manner, or for a purpose, or had in possession or under control, or have to searching, of game, etc. been shipped, contrary to any of the laws of this search war- State. Such seizure may be made without a warrant. rant. Any court having jurisdiction of the offence, upon rereiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken killed, had in possession, under control, or shipped contrary to any of the laws of this State, shall issue a search warrant, and cause a search to be made in any place, and to that end may cause any building, enclosure or car to be entered, and in any apartment, chest, bar locker, crate, basket or package to be broken open and the contents thereof examined by -seized birds, said game or fish warden. All birds, animals or fish, ete, how dis. or nets or fishing appliances or apparatus, seized by the said game and fish warden or any of his deputies, or other officer or officers, shall be disposed of in such a manner as may be directed by the court before whom the offence is tried, or by any court of competent jurisdiction, and the proceeds of any sales, after deducting all legal costs, shall be paid into the treasury of the State. game, posed of. -proceeds. -power to serve criminal process and IV. Said game and fish warden and his deputies shall have the same power to serve criminal process make arrest. as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Said warden and deputies may arrest without warrant, any person caught by him or them in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction. Such arrest may be made on Sunday, in which case the 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. -deputy wardens to when; how. V. Every deputy warden shall at the close of each make reports; 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. warden to file report: when; where; VI. Said game and fish warden shall, in the month of December of each year, file in the office of the secwhat to state. retary 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. retary of state. The secretary of state shall cause said reports, or so -duty of secmuch thereof as may be of interest to the public, to be transmitted bi-ennially to the legislature when in session. -what acts of persons VII. Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or inter deemed misfere with said game and fish warden, or any of his demeanors: how punished deputies, in the discharge of any of their duties, shali be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than fifty dollars, together with costs of suit; and in default of payment thereof shall be confined in the county jail until said fine and costs are paid: provided, that said imprisonment shall not ex- proviso. ceed thirty days. compelled to VIII. Every person, called as a witness to any-witnesses violations of the provisions of this act, shall be com- testify, propelled to testify fully, but his testimony shall not be tection of. given in evidence against him in any prosecution against him for such offence, and no person, against whom such witness shall so testify, shall be competent as a witness for the State in the prosecution against such witness for the same offence, or matter, as to which such witness so testified, or to any like offence committed by such witness before the commencement of the prosecution in which he is examined as such witness. IX. Any game warden or deputy who shall make any false return as to any moneys collected or disbursed by him, as provided for in the foregoing section, shall be deemed guilty of a felony, and upon conviction thereof be confined in the penitentiary not less than one nor more than ten years. false return collected, etc., as to moneys a felony; (Senate Bill No. 86.) CHAPTER 94. AN ACT to amend and re-enact section six of chapter sixty-two of the Code of West Virginia of one thousand eight hundred and ninety-nine. [Passed February 22, 1901. In effect 90 days from passage. Approved February 26, 1901.] Be it enacted by the Legislature of West Virginia: 1. amended. That section six of chapter sixty-two of the code Code of West Virginia, of one thousand eight hundred and |