Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1903-09-24
Fish Laws of W. Va.

] 1QAb SSCslOu SlA VI Sn"Ps~~
sixtytwo Of the code as amended
and re enacted by chapter ninety
four of the. acts of one thousand
nine hundred and one, be amended
and re- enacted, so as to read as
follows:
Sec. 6 It shall be lawful for
any person at any time, to remove
or destroy any nets, seins, traps or
other devices, placed In any creeks
or runs within this State, and the
person or persons claiming owner
ship or possession of such nets,
seines, traps or other devises, shall
have no recourse at law against the
party destroying the same, (and IN
iepard to rivers, 1t shall 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 year9 provided,
however 1t shall be unlawful for
any person to catch fish In fshputs
at any time, except as hereinafter
rsov.dea, and 1t shall BE- unla~,
full 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 It's tribu-
taries, and by fish pots (nor by
selnes at any tlme) In the Cheat
river and Its tributaries; and no
nets, selues, or other devices placed
In any river of this State, between
the fifteenth day of November and
the first day of March, shall OBJ.
struct the free passage of fish up
and down the same as to extend a
further distance from the channel
bank In said river than one third OF
the whole breadth of the main chan
mel of the same. 1t shall be unlaw.
full for any person or persons to be
found upon the creeks or small
streams of this State, where fish are
taken with seines, Except minnow
seines) In their possession; and If 50
found, such possession shall be
prima facie evidence that the same
were used unlawfully. In all pros.
ecutions under this section 1t shall
be prima facie evidence sufficient
on the part of the State to show
that the defendant was found up.
on the creek or small streams where
fish are taken, with such seine In
his possession. Meshes of seiues
or nets Except minnow etslwithin
the 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 this section. And
If any persons has good reasons to
believe that sci Ing Is carried on
unlawfully, he may have leave to
get out a search warrant against
the person or persons suspected Of
keeping said seine or net In their
possession, or under their control
Such seine when found In their
possession shall be prima facie evil
dence that the same was used I'm.
lawfully, unless the owner or pos
SCISSOR of such seine can produce
evidence to satisfy the justice, OF
court, that such seine has not been
used unlawfally. Any persons
violating any of the above pro
visions of this section shall be
guilty of a misdemeanor, and upon
conviction thereof, shall forfei'
sucl net or seine, If found In vio'
lation of law (which net or seine
shall be destroyed by order of the
justice or court, and pay fine o.
not less than ten dollars moi
more than twenty-five dollars
or be confined In jail not
exceeding ten days. No person
shall kill any fish by the use o.
dynamite, or any other explosive
mixture, or by the use of any pol
sonous drug, bait or food. Any per
son violating this provision of thi:
section shall be guilty of a misde'
meanor, and, upon conviction there
of shall, for each offence, be con
fined In the county jail for period
not to exceed six months, and may
be fined not exceeding one hun
dred dollars In the discretion of the
court.
Ga. It shall be unlawful for any
person, firm or corporation, tc
throw In, or allow to enter, any
stream or water course, In this