|
r:D I I
<br />air �•;,, ;
<br />r
<br />,I! Ii
<br />I' i1i'I.
<br />I,
<br />I
<br />§ 14 -159.6 CH. 14. CRIMINAL LAW
<br />14 -159,6
<br />ARTICLE 22A.
<br />Trespassing upon "Posted" Property to Hunt,
<br />Fish or Trap.
<br />§ 14- 159.6. Trespass for purposes of hunting, etc.,
<br />without written consent a misde-
<br />meanor.
<br />Any person who willfully goes on the land, waters, ponds, or a
<br />legally established waterfowl blind of another upon which notices,
<br />signs or posters, described in G.S. 14- 159.7, prohibiting. hunting,
<br />fishing or trapping, or upon which "posted" notices have been
<br />placed, to hunt, fish or trap without the written consent of the
<br />owner or his agent shall be guilty of a misdemeanor and punished
<br />by a fine of not less than fifty dollars ($50.00) nor more than two
<br />hundred fifty dollars ($250.00), or by imprisonment for not more
<br />than six months, or by both fine and imprisonment. Provided, fur-
<br />ther, that no arrests under authority of this section shall be made
<br />without the consent of the owner or owners of said land, or their
<br />duly authorized agents in the following counties: Halifax, Onslow
<br />Warren. (1949, c. 887, s. 1; 1953, c. 1226; 1965, c. 1134; 1975, c. 280, ,
<br />s. 1; 1979, c. 830, s. 11.)
<br />Local Modification. Avery, formerly § 113. 120.1. It was transferred
<br />Mitchell and Watauga: 1967, c. 644, to its present location by Session Laws
<br />Editor's Note. — This section was 1979, c. 830, s, 11, effective July 1, 1980,
<br />CASE NOTES
<br />Prohibited Activities. — This sea
<br />tion prohibits hunting, fishing or
<br />trapping on properly posted lands or
<br />waters without the written consent of
<br />the owner or his agent, provided that in
<br />designated counties, including Halifax
<br />County, no arrest may be made for such
<br />violation without consent of the owner
<br />or his agent. State v. Manning, 3 N.C.
<br />App. 451, 165 S,E.2d 13 (1969), decided
<br />under former § 113 - 1201. .
<br />Term "Owner" Does Not Include
<br />Lessee. — In a prosecution in Halifax
<br />County under this section for a trespass
<br />by fishing on properly posted lands and
<br />waters of a private club without the
<br />written consent of the owner or his
<br />agent, defendants' motion for nonsuit
<br />should have been allowed where the
<br />State's evidence disclosed that the pri-
<br />vate club was the lessee of the land un-
<br />der and around the lake upon which de-
<br />464
<br />fendants were fishing, a lessee not being
<br />included within the term "owner" as
<br />used in § 113 -130, and there being no
<br />showing that defendants were fishing
<br />without the written consent of the ac-
<br />tual owner, or that the owner consented
<br />to their arrest, or that the private club
<br />was the agent of the owner for these pur-
<br />poses. State v. Manning, 3 N.C. App.
<br />451, 165 S.E,2d 13 (1969), decided under
<br />former § 113- 120.1.
<br />Whether a body of water is a lt,pri-
<br />vate pond" is not relevant to a prose-
<br />cution for trespass under this section,
<br />there being no requirement that a pond
<br />must be a "private pond" in order to post
<br />the notices and signs described in
<br />113 -120.2 (now § 14- 159.71. State v.
<br />Manning, 3 N.C. App. 451, 165 S.E_2d
<br />13 119691, decided under former
<br />113 - 120.1.
<br />22 1
<br />
|