Destruction. of fish traps, nets, etc., in creeks, etc.. made lawful.

ful as to rivers.

to fish pots and seines.

fish not to be obstructed; within what time.

ninety-nine, be and the same is hereby amended and re-enacted so as to read as follows:

6. It shall be lawful for any person, at any time, to remove and destroy any nets, seines, traps or other devices, placed in any creeks or runs within this State, and the person or persons claiming ownership or possession of such nets, seines, traps or other de-no recourse. vices, shall have no recourse at law against the party destroying the same, (and in regard to rivers, it shall when law be lawful for any person to do the same thing at any time between the first day of March and the fifteenth day of November in any year): provided, however, it proviso as shall be unlawful for any person to catch fish in fishpots at any time, except as hereinafter provided, and it shall be unlawful to catch fish by means of seines, from the first day of January to the first day of June of each year in the Great Capon and its tributaries, and by fish pots in the Cheat river and its tributaries, from the fifteenth day of September to the first day of April following, and by means of fish pots in the Shenandoah from the first day of September to the -passage of first day of June following. No nets, seines, traps or other devices, placed in any river of this State, between the fifteenth day of November and the first day of March, shall obstruct the free passage of fish up and down the same so as to extend a further distance from the channel bank in said river than one-third of the whole breadth of the main channel of the same. -seines: pos. It shall be unlawful for any person or persons to be lawful, when; found upon the creeks or small streams of this State where fish are taken, with seines (except minnow seines) in their possession; and if so found, such possession shall be prima facie evidence that the same was used unlawfully. In all prosecutions under this section it shall be prima facie evidence sufficient on the part of the State to show that the defendant was found upon the creek or small streams where fish are taken, with such seine in his possession. Meshes of seines or nets (except minnow nets) within this State shall not be less than three inches in extension, or one and one-half inches from knot to knot. No net or seine of any kind shall be used in the rivers of this State the meshes of which are less than provided in -search war- this section. And if any person has good reason to believe that seining is carried on unlawfully, he may have leave to sue out search warrant against the person or persons suspected of keeping said seine or net -presump- in their possession, or under their control. Such

session un

except, etc.

-effect of such possession.

-meshes of

selnes, except, etc.

-kind of

seines to be used.

rant.

tion.

section.

seine when found in their possession, shall be prima facie evidence that the same was used unlawfully, unless the owner or possessor of such seine can produce evidence to satisfy the justice or court that such seine has not been used unlawfully. Any person violating penalty for any of the above provisions of this section shall be violation of guilty of a misdemeanor, and, upon conviction thereof, shall forfeit such net or seine, if found in violation of law, (which net or seine shall be destroyed by order of the justice or court) and pay a fine of not less than ten dollars nor more than twenty-five dollars, or be confined in jail not exceeding ten days. No person killing of shall kill any fish by the use of dynamite, or any other fish. explosive mixture, or by the use of any poisonous drug, bait or food; any person violating this provis--penalty. ion of this section shall be guilty of felony, and, upon conviction thereof, shall, for each offence, be confined in the penitentiary of this State for not less than one nor more than three years.

dams that prevent the easy passage of fish in any waters, pro

hibited.

And no person, firm or corporation, shall build, erection of erect, keep or maintain any dam, or anything, in any river, creek or water course in this State, which shall in any way or manner prevent or obstruct the free and easy passage of fish up or down such river, creek or other water course without placing, building, or erecting on such dam or other thing, a good and sufficient ladder or way so planned or built as to allow all fish to easily ascend or descend the same, and said -fish ladders, ladder or way shall be constructed upon plans, and in a manner, and at a place, satisfactory to the game and fish warden of the State of West Virginia.

etc..etc.

violations

offences.

Any person, firm or corporation, violating this pro- penalty for vision shall be guilty of a misdemanor, and on con- hereof. viction therof shall be fined not less than twenty-five dollars, nor more than two hundred dollars, or be confined in the county jail not less than ten days, and each ten days during the time which such person, separate firm or corporation shall fail to place, build or erect what. such ladder, or way, shall be deemed and held to be a separate and distinct offence: provided, that any proviso, person, firm or corporation now maintaining or keeping any such dam, or other thing, shall be allowed sixty days from the time this act takes effect in which to comply therewith. And it shall be the especial duty of duty of the said game and fish warden, upon information of the violation of this provision, to immediately investigate the same, and cause this provision to be fully carried out.

warden.

Code

amended.

county seats;

petition for,

affidavit to

make an order
that a vote
be taken on
question of
re-location;
when.

(Senate Bill No. 15.)

CHAPTER

95.

AN ACT to amend and re-enact section

fifteen of

chapter thirty-nine of the Code of West Virginia, of one thousand eight hundred and ninety-nine, relating to the re-location of county seats.

[Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.]

Be it enacted by the Legislature of West Virginia:

That section fifteen of chapter thirty-nine of the code of West Virginia be and the same is hereby amended and re-enacted so as to read as follows: Re-location of 15. Whenever the citizens of any county desire the re-location of their county seat they may file their pewho to sign; tition or petitions for such re-location at a place or be appended. places, to be named therein, at any regular session of the county court of such county. None but legal voters of the county shall sign said petition or petitions, and an affidavit shall be appended thereto that the petitioners are, as the affiant verily believes, legal voters -court shall of said county. Upon the filing of said petition or petitions, each place at which a re-location is sought. being petitioned for by two-fifths of all the legal voters of the said county, to be estimated by allowing one vote for every six persons in such county, as shown by the last preceding census, said court shall, at the same term at which said petition or petitions are filed, make an order that a vote be taken, at the next general election to be held in the said county, upon the question of such re-location, at the place or places named in the said petition or petitions, each having the signatures of two-fifths of the legal voters of said county as aforesaid. And if such petition or tion: when to petitions be filed in any year in which no general election is to be held, the said county court shall, at the same session thereof at which such petition or petitions are filed, fix a day for, and order the holding of, a special election upon the question of such relocation; which special election shall be held in the said county not less than sixty days nor more than four months from the date of said order: provided, the petitioners signing each of said petitions, if there be more than one petition, or some one for them, shall, at the same term of said court, enter into and

-special elec

be ordered and when held.

-proviso as to costs of special election.

delivered;

of notice.

vote required

enter.

acknowledge a bond, with good security, to be approved by said court, in the penalty of five thousand dollars, conditioned to pay all the legal costs of holding said election, and if such bond be not given no special election shall be held. The clerk of said court clerk to make copies of shall, upon the adjournment of said court, make out order for elec and certify as many copies of said order as there are tion. voting places in said county, and deliver the same to to whom the sheriff thereof, whose duty it shall be to post one where posted of the said copies, or cause it to be done, at each of and when. said places of voting in said county at least forty days before the day of such election; and if a news-publication paper is printed in said county, the court shall in addition to the above notice, cause a copy of said order to be published therein, at least once in each week for four consecutive weeks prior to such election. If-three-fifths three-fifths of all the votes cast at said election upon to re-locate. the question, be in favor of the re-location at either of the places voted for, the said county court shall enter what order an order declaring the place so receiving three-fifths court to of all the votes cast therefor, to be the county seat of said county from and after that date. And the said -removal of court shall, as soon thereafter as practicable, cause records. all the records, papers and office property pertaining to the offices of the clerks of the county and circuit courts to be removed to the said new county-seat. The ballots; how ballots used in voting on the question of such relocation shall have written or printed on them the words, "Re-location of County Seats," "For relocation of County Seat at" (naming the place,) "Against re-location of County Seat:" prociled, what balthat no ballot cast at such election upon such question shall be rejected because all the words described are not written or printed thereon, if it clearly appears how the voter intended to vote; and provided, -ballots at also, that if said election be held at a general election, general electhe ballots shall be the same as those used in voting for officers at said general election. The said votes -votes: how shall be taken, superintended, conducted and re- intended and turned, in the same manner, and by the same officers, returned. as elections for county and state officers. If said it vote taken election be held at a general election, the commissioners of election shall make out and sign a separate certificate of the result of said vote, and deliver the same to the clerk of the county court within the same time they are required by law to deliver the certificates of the result of the election for officers held by them. And if said election be held at a special election, then —if vote taken

worded.

lots not to be rejected.

taken, super

at general election, what

then.

at special election, what then,

-certificate

of result laid

-result declared.

-if two peti

ferent places

what then.

said county court shall at the session at which the election is ordered, appoint three commissioners of that election for each voting place in said county, who shall ascertain and certify the result of such election in the same manner as herein provided to be done at a general election. And the certificate of the result before county of such special election shall be laid before the court court; when. by the clerk thereof, at a special session thereof, which shall be held within five days (Sunday excepted) after said special election. Said court shall thereupon ascertain and declare the result of said vote and enter the same of record. If two petitions tions for dif- for such re-location at different places be presented be presented, to the county court at the same session, each signed by two-fifths of the legal voters of the said county, ascertained in the manner hereinbefore provided for, the court by a proper order entered of record at the same term at which said petition, or petitions are filed, shall direct that a vote be taken between all the places mentioned in the said petitions, but such county seat shall not be removed unless some one of the places voted for at said election shall have received three-fifths of all votes cast at said election -person sign upon the question of such re-location. In case the same person signs more than one petition for such relocation such person shall not be considered by the court as petitioning for a re-location of the county seat. In case of such re-location, the county court of said county shall proceed with all possible dispatch to cause the necessary buildings for the use of the pleted, where county to be erected thereat; and until that is done court may be the courts of said county may in case of necessity be held at the former county seat.

-vote required to remove in such case.

ing two petitions.

-buildings at new county seat.

-until com

held.

-subscriptions for new buildings.

-may be sued for.

Such court may receive subscriptions from any person to aid in the erection of such buildings. And all subscriptions made at any time for that purpose shall be binding on the persons making the same, and may be sued for and recovered in the name of the county court of said county.