6ook__^_jl3_ 
 
V 
 
 FISHERIES, 
 GAME AND FOREST LAW 
 
 OF THB 
 
 STATE OF NEW YORK 
 
 RELATING TO 
 
 Game, Fish and Wild Animals, and to the 
 Forest Preserve and Adiron- 
 dack Park. 
 
 As Revised and Enacted by the Legislature of 1892 and Amended 
 by the Legislatures of 1895, 1896, 1897 and 1898. 
 
 PUBLISHED BY THE 
 CLERKS OF THE SEI^ATE AND ASSEMBLY. 
 
 1898. 
 
r 
 
 FISHERIES, 
 
 GAME AND FOREST LAW 
 
 OF THE 9*^^*7 
 
 STATE OF NEW YORK 
 
 4 RELATING TO 
 
 Game, Fish and Wild Animals, and to the 
 Forest Preserve and Adiron- 
 dack Park. 
 
 As Revised and Enacted by the Legislature of 1892 and Amended 
 by the Legislatures of 1895, 1896, 1897 and 1898. 
 
 PUBLISHED BY THE 
 CLERKS OF THE SEPTATE, A>^D ASSEMBLY 
 
/a 
 
 ''^' STATE OF NEW YORK. 
 
 Commissioners of Fisheries, Game and Forest. 
 
 BARNET H. DAVIS, Palmyra, N. Y., President. 
 HENDRICK S. HOLDEN, Syracuse, N. Y. 
 WILLIAM R. WEED, Potsdam, N. Y. 
 CHARLES H. BABCOCK, Rochester, N. Y. 
 EDWARD THOMPSON, Northport, N. Y., 
 
 Shell Fish Commissioner. 
 
 Standing Committees. 
 
 EXECUTIVE. 
 
 Hendrick S. Holden, Charles H. Babcoce, 
 
 Barnet H. Davis. 
 
 FOREST PRESERVE AND STATE LANOS. 
 
 William R. Weed, Hendrick S. Holden, 
 
 Barnet H. Davis. 
 
 HATCHERIES, FISH CULTURE AND G IME. 
 
 Charles H. Babcock. Edward Thompson, 
 
 Barnet H. Davis. 
 
 SHELL, FISH, LICENSES AND PERMITS. 
 
 Edward Thompson, Hendrick S. Holden, 
 
 Barnet H. Davis. 
 
 LEGISLATION. 
 
 Barnet H. Davis, William R. Weed, 
 
 CH^g.iJp;sC H." Babcock. 
 
 JAN 11 1905 
 D.ofD, 
 
^ 
 
 
 ' THE 
 
 FISHERIES, GAME AND FOREST LAI, 
 
 CONSTITUTING 
 
 Chapter 31 of the General Laws. 
 Chapter 488 of the Laws of 1892. 
 
 "AN ACT relating to game, fish and wild animals 
 and to the forest preserve and Adirondacli park, con- 
 stituting chapter thirty-one of the general laws and 
 to be known as the fisheries, game and forest law." 
 (Title as amended by chapter 395 of the Laws of 
 1895.) 
 
 Article 1. Fisheries, game and forest commission. 
 
 2. Game protectors' powers and duties. 
 
 3. Quadrupeds. 
 
 4. Birds. 
 
 5. Fish. 
 
 6. Miscellaneous and local provisions. 
 
 7. Special provisions as to Queens and 
 
 Suffolk. 
 
 8. Shell fish. 
 
 9. Private grounds and parks. 
 
 10. Prosecutions. 
 
 11. Fishways. 
 
 12. Forest preserve. 
 
 13. Adirondack park. 
 
 14. Laws repealed, definitions and other 
 
 provisions. 
 
 ARTICLE I.* 
 
 Fisheries, Game and Forest Commission. 
 Section 1. Short title of chapter. 
 
 2. Fisheries, game and forest commissioners, 
 
 how appointed. 
 
 *As amended by chap. 395 of the Laws of 1895. 
 
Section 3. Terins of office of the commissioners. 
 
 4. Commissioners, compensation and ex- 
 
 penses, 
 
 5. Fish culturist. 
 
 6. Office and clerical force. 
 
 7. Duties of commissioners. 
 
 8. Board to report annually to the legislature. 
 
 Section 1. Short title of chapter.— This chapter 
 shall be known as the fisheries, game and forest law. 
 
 § 2. Fisheries, game and forest commissioners; 
 how appointed.— The governor shall appoint, by and 
 with the advice and consent of the senate, five com- 
 missioners who shall constitute the board of fisheries, 
 game and forest. 
 
 § 3. Terms of office of commissioners. — The terms 
 of office shall be five years. The governor shall 
 nominate and appoint, by and with the advice and 
 consent of the senate, one of the commissioners, to be 
 president of the commission. The commissioners 
 shall designate one of their number as shell-fish com- 
 missioner, who shall have entire charge of the shell- 
 fish Avork of the commission and shall certify to the 
 commission as to whether the grounds applied for are 
 beds of oysters of natural growth. The commission- 
 ers shall also designate one of their number to act as 
 secretary of the board, and may remove him at their 
 pleasure, who shall perform the duties of secretary 
 without extra compensation, and who, while so as- 
 signed, shall devote his entire time to the work of the 
 commission. (As amd by chap. i6g of Laws of i8q6.) 
 
 § 4. Compensation and expenses of commissioners. 
 — The president shall receive an annual salary of 
 three thousand dollars. Each of the remaining com- 
 missioners shall receive an annual salary of two thou- 
 sand five hundred dollars, and each member of said 
 board shall also receive, in addition thereto, the sum 
 
of eight hundred dollars for traveling expenses, to be 
 paid in monthly installments. (As anid by chap. 169 of 
 Laws of 1896.) 
 
 § 5. Fish culturist.— The board of commissioners 
 shall appoint a fish culturist not one of their number, 
 who shall be known as the state fish culturist, and who 
 shall have charge under the direction of the commis- 
 sion, of the culture of all fish in the state, and who 
 shall receive an annual salary of three thousand dol- 
 lars and necessary traveling expenses. (As anid by 
 chap. 169 of Laws of 1896.) 
 
 § 6. Office and clerical force.— The board shall have 
 an office in the capitol at Albany, and shall hold meet- 
 ings at such office at least once each month upon such 
 dates as they may determine, and at such other times 
 and places as the commissioners shall appoint for the 
 transaction of business. The commission is em- 
 powered to lease an office in New York or Brooklyn 
 for the transaction of business connected with the 
 sale or lease of lands under water as provided by law. 
 It shall be allowed an assistant secretary at one thou- 
 sand eight hundred dollars per annum, and expenses 
 not to exceed two hundred dollars payable monthly, 
 and such other clerical assistance as shall be actually 
 needed, together with the necessary contingent office 
 expenses, and the commissioners may appoint an 
 engineer and fix his compensation. {As aind by chap. 
 169 of Laws of 1896.) 
 
 § 7. Duties of board of commissioners.— The duties 
 of the board of commissioners shall be to propagate 
 and distribute food and game fishes, and shell-fish, 
 and to keep up the supply thereof in the various 
 waters of the State, and for this purpose it shall have 
 the conduct and control of such hatching stations as 
 are now owned or operated by the state, and such fts 
 may be hereafter established. The board of commis- 
 
6 
 
 sloners shall also be charged with the enforcement of 
 all laws passed for the protection of fish and game, 
 and for the protection and preservation of the forest 
 preserve, and shall have the care, custody and control 
 of the Adirondack park and forest preserve, and shall 
 have all the powers and duties imposed upon them by 
 articles twelve and thirteen of this chapter. The 
 board of commissioners shall also have the care of all 
 lands under water which have been designated, sur- 
 veyed and mapped out, pursuant to law, for oyster 
 beds, and power to grant franchises of such lands 
 according to the provisions of law now enforced, or 
 which may be hereafter enacted. It shall also possess 
 all the powers and perform all the duties given and 
 imposed by this chapter and by other provisions of 
 law. 
 
 § 8. Board to report annually to legislature.— 
 Such board shall annually make a full report to the 
 legislature of all their official operations for the year 
 ending on the thirtieth of September previous, with 
 such suggestions and recommendations as they shall 
 deem useful. The present commissioners shall con- 
 tinue to hold their offices until new appointments are 
 made under the provisions of this act. 
 
 ARTICLE II.* 
 
 Fish and Game Protectors and Foresters, Powers 
 and Duties. 
 
 Section 20. Fish and game protectors and foresters, 
 how appointed. 
 
 21. Term of office of fish and game protectors 
 
 and foresters. 
 
 22. Chief fish and game protector and for- 
 
 ester. 
 
 23. Protectors and foresters to give bonds. 
 
 *A3 amended by chap. 395 of the Laws of 1895. 
 
Section 24. Compensation of protectors and foresters. 
 
 25. Office of chief protector and forester to 
 
 be at the capitol. 
 
 26. Duties of protectors and foresters. 
 
 27. Records and reports. 
 
 28. Payment of salary and expenses. 
 
 29. Reports by chief protector and forester 
 
 to the board of fisheries, game and 
 forest. 
 
 30. Special protectors. 
 
 31. Powers of sheriffs, constables and deputy 
 
 sheriffs. 
 
 32. Nets to be destroyed by protectors and 
 
 foresters. 
 
 33. Expense of seizure of nets. 
 
 34. Bounty for the destruction of illegal fish 
 
 nets. 
 
 § 20. Fish and game protectors and foresters, 
 how appointed.— The fisheries, game and forest com- 
 mission shall appoint thirty-five fish and game pro- 
 tectors and foresters, whose powers and duties are 
 hereinafter defined, and who shall be known as fish- 
 eries and game protectors and foresters. 
 
 § 21. Terms of oflace of fish and game protectors 
 and foresters.— Fish and game protectors and forest- 
 ers so appointed, shall hold office during the pleasure 
 of the board of commissioners, which may summarily 
 remove any of their number and appoint another in 
 his place. 
 
 § 22. Chief fish and game protector and forester.— 
 The commission shall, from time to time, designate 
 one of such protectors as chief fish and game protector 
 and forester, and two others as his assistants, under 
 whatever title he may give them, and the three pro- 
 tectors and foresters so designated shall hold office 
 during the pleasure of the commission; the commis- 
 sioners shall further designate another protector to 
 
act as state oyster protector, and another protector 
 to act as protector of the waters of the Thousand 
 Islands, and the protectors so designated shall hold 
 office during the pleasure of the board. The chief 
 fish and game protector and forester shall have the 
 direction, supervision and control of the entire force. 
 (As anid by chap. 531 of Laws of 1896.) 
 
 § 23. Protectors and foresters to give bonds.— The 
 chief protector and forester shall give a bond to the 
 board of commissioners, with sureties in the sum of 
 one thousand dollars, and each of the other pro- 
 tectors a bond with sureties in the sum of five hun- 
 dred dollars, conditioned for the faithful discharge 
 of his duties, such bond to be approved by the board 
 of commissioners. Any action thereof shall be 
 brought in the name of the people. 
 
 § 24. Compensation of protectors and foresters.— 
 The compensation of the chief protector and forester 
 shall be two thousand dollars per annum, payable 
 monthly, and he shall be allowed his actual and 
 necessary traveling expenses in the performance of 
 his duty, not exceeding one thousand dollars per year. 
 The two assistant protectors and foresters shall each 
 receive twelve hundred dollars per year, together with 
 their traveling and incidental expenses, not to exceed 
 seven hundred and fifty dollars per year; the protector 
 designated as state oyster protector shall receive 
 twelve hundred dollars per year and his actual inci- 
 dental and traveling expenses, not exceeding four hun- 
 dred and fifty dollars per year. The protector desig- 
 nated as protector of the waters of the Thousand 
 Islands shall receive five hundred dollars per year and 
 his actual incidental and traveling expenses, not ex- 
 ceeding four hundred and fifty dollars per year, and 
 the thirty-one remaining protectors shall each receive 
 five hundred dollars per annum, payable monthly, 
 and an allowance for expenses not exceeding four 
 hundred and fifty dollars per year, and each of the 
 
9 
 
 said protectors shall receive one-half of all the fines 
 and penalties collected in actions brought upon in- 
 formation furnished by him after all the expenses 
 of recovering said fines and penalties shall be paid. 
 (As amd by chap. 6^9 of Laws of i8g6.) 
 
 § 25. Oflace of chief protector and forester.— The 
 chief protector and forester shall have his office with 
 the commissioners of fisheries, game and forest com- 
 mission in the capitol at Albany. 
 
 § 26. The duties of protectors.— The fish and game 
 protectors and foresters shall enforce all the fish and 
 game laws of the state, and the provisions supple- 
 mentary thereto made by boards of supervisors for 
 the additional protection of fish and game, and all 
 laws passed for the protection and preservation of 
 the forest preserve, and all rules and regulations 
 made by the commissioners of fisheries, game and 
 forest for the care, custody and control of the forest 
 preserve and the Adirondack parli, and shall have 
 full power to execute all warrants and search war- 
 rants issued for the violation of the fish and game 
 laws, and laws passed for the protection of the 
 forest preserve, and the care, custody and control of 
 the Adirondacli parli, and to serve subpoenas issued 
 for the examination, investigation or trial of all 
 offenses against said laws. 
 
 § 27. Records and reports. — Each protector and 
 forester shall keep a daily record of his official acts, 
 and at the close of each month make a summary of 
 such record with such statements in detail as shall 
 be necessary for the information of his chief, and 
 report the same to the chief protector and forester. 
 
 § 28. Payment of salary and expenses. — Payment 
 
 of salary and traveling expenses to protectors and 
 
 foresters shall only be made upon the certificate of 
 
 the chief protector and forester that the protector and 
 
 2 
 
10 
 
 forester has made such report and properly performed 
 his duties. 
 
 § 29. Reports by chief protector and forester to 
 the board of commissioners.— The chief protector 
 and forester shall report to the board of commis- 
 sioners any negligence or dereliction of duty on the 
 part of any of the protectors and foresters, with the 
 facts relating thereto, and he shall report monthly 
 to said commissioners the operation of his depart- 
 ment during the preceding month, and shall make 
 such further report as may be required by the 
 board of commissioners. 
 
 § 30. Special protectors and foresters.— The board 
 of commissioners may, in its discretion and at 
 pleasure, appoint or remove a person recommended 
 by the majority of the supervisors of any county or 
 by any incorporated game club for the protection of 
 fish and game as special protector and forester, who 
 shall possess the same powers that are enforced upon 
 the state protectors and foresters; such special pro- 
 tectors and foresters shall receive no compensation 
 from the state. They shall make similar reports to 
 those required from state protectors and foresters. 
 (As am'd by chap. 284 of Laws of 1896.) 
 
 § 31. Powers of sheriffs, constables and deputy 
 sheriffs.— Peace officers shall have the same powers 
 as are conferred upon the game protectors and forest- 
 ers for the enforcement of the provisions of this 
 chapter. 
 
 § 32. Nets to be destroyed by protectors and 
 foresters.— It is the duty of every protector and 
 forester to seize, remove and forthwith destroy any 
 net, pound or other illegal devices for the taking of 
 fish or game found in or upon any of the waters or 
 Islands of this state where hunting and fishing with 
 nets or other illegal devices is prohibited or illegal 
 
11 
 
 or upon the shores or islands of such waters, and 
 such nets, pounds or other illegal devices are de- 
 clared to be a public nuisance and shall be abated 
 and summarily destroyed by any game protector and 
 forester and no action for damages shall lie or be 
 maintained against any person for such seizure or 
 destruction. (As anid by chap. 66i of Laws of 1896.) 
 
 § 33. Expense of seizure of nets.— The reasonable 
 expense of any seizure, removal or desti*uction of 
 such nets, pounds or other illegal devices shall be a 
 county charge against the county in which the same 
 shall be seized and shall be audited and paid as other 
 county charges are paid on the certificate of such 
 protector and forester stating the time and place of 
 such destruction, the name of the person employed 
 therein, the time spent thereabout, and the money 
 advanced, if any, and to whom, and shall be verified 
 by the oath of such protector and forester making 
 such seizure and destruction. {As amd by chap. 661 
 of Laws of 1896.) 
 
 § 34. Bounty for the destruction of illegal fish 
 nets.— Fish nets of every kind, excepting those that 
 are duly licensed according to the provisions of the 
 fisheries, game and forest law, or legal minnow nets 
 according to section one hundred and forty-five of 
 said law, are hereby declared a public nuisance and 
 when found in water inhabited by fish or on ice over 
 such water, may be seized and removed by any per- 
 son and taken before any justice of the peace, town 
 clerk or town or ward supervisor in the county where 
 seized and upon the afladavits of two persons that 
 said net or nets are illegal or not licensed as provided 
 for by law, and that they were taken from water 
 or from ice as aforesaid specified, shall order said 
 net or nets destroyed by the person seizing same, in 
 his presence. Upon payment to him of a fee of fifty 
 
12 
 
 cents for each net, ordered destroyed, said justice 
 of the peace, town clerk, or supervisor shall deliver 
 to the person seizing and destroying a net or nets as 
 herein provided, a certificate to the county treasurer 
 that the person named therein has seized and de- 
 stroyed according to law, a net or nets as the fact 
 may be, and that he is entitled to a bounty on the 
 same as follows: For each scap net, drop net, dip 
 net, minnow net, gill net and seine net under one 
 hundred feet in length, three dollars; for each fyke 
 net with hoops less than four feet in diameter and 
 for each seine net and gill net over one hundred feet 
 and under two hundred feet in length, five dollars; 
 for each five foot trap net, for each fyke net with 
 hoops over four feet in diameter, for each seine net 
 and gill net over two hundred feet and under three 
 hundred feet in length, seven dollars a.iid fifty cents; 
 for each trap net over five feet and for each seine and 
 gill net over three hundred feet in length, ten dol- 
 lars; and for each pound net, fifteen dollars. Before 
 granting a certificate for bounty as herein specified, 
 an examination of the net or nets shall be made by 
 the justice of the peace, town clerk or supervisor 
 from whom a certificate is requested, and in case 
 it is found that they are rotten or worthless for 
 fishing purposes, no certificate shall be granted and 
 his decision as to the facts of such matter shall be 
 final. The county treasurer to whom such certifi- 
 cate is directed shall pay th-? amount of bounty 
 specified in said certificate to the person holding 
 the same, out of the funds of the county, and on 
 the presentation of said certificate to the comptroller 
 of the state, he shall allow the amount thereof to 
 the county by which it was paid in settlement of 
 taxes due therefrom. The payment of any bounty 
 under the provisions of this section shall be in lieu 
 of any and all charges for expenses of the seizure, 
 removal and destruction of such net or other illegal 
 
13 
 
 device otherwise payable under section tliirty-three 
 of this act. Tlie provisions of this section sliall not 
 apply to nets set in the salt waters of the state. 
 
 (Added by chap. 451 of Laws of i8g8.) 
 
 ARTICLE III.* 
 Quadrupeds. 
 Section 40. Deer, close season. 
 
 41. Deer or venison, when not to be pos- 
 
 sessed. 
 
 42. Fawns not to be killed. 
 
 43. Traps and artificial lights. 
 
 44. Hounding. 
 
 45. Dogs may be killed. 
 
 46. Transportation. 
 
 47. Crusting and yarding. 
 
 48. Wild moose, elk, caribou and antelope. 
 
 49. Black and gray squirrels. 
 
 50. Beaver not to be killed. 
 
 51. Wild deer, close season in the counties 
 
 of Ulster, Greene, Delaware and Sulli- 
 van. 
 
 52. Panthers, bounty. 
 
 53. Claim for bounty; how proven. 
 
 54. Certificate to be issued. 
 
 55. County treasurer to pay certificate. 
 
 56. Closed season for woodcock in Richmond 
 
 county. 
 
 57. Black bass, Oswego bass, close season. 
 
 § 40. Deer, close season.— Wild deer shall not be 
 caught, shot at, hunted or killed except from the 
 fifteenth day of August to the fifteenth day of No- 
 vember, both inclusive. No person shall kill or take 
 alive more than two deer in any season. And in 
 the counties of Ulster, Greene and Delaware no wild 
 
 *As amended by chap. 974 of the Laws of 1895. 
 
14 
 
 deer shall be caught, shot at, hunted or killed at any- 
 time within five years from the passage of this act 
 Deer may be taken alive in any part of the state 
 at any season of the year under the direction of the 
 fish, game and forest commission to be placed in the 
 deer parks belonging to the state for the purpose of 
 breeding. The provisions of this section as to the 
 close season shall not apply to Long Island. This 
 section shall not be so construed as to prevent any 
 person from reclaiming alive any deer which may 
 have escaped from a private park or inclosure. Who- 
 ever shall violate or attempt to violate the provisions 
 of this section shall be deemed guilty of a misde- 
 meanor, and in addition thereto shall be liable to a 
 penalty of one hundred dollars for each wild deer 
 caught, shot at, hunted or killed. {As anid by chap. 
 Spo of Laws of iSgy.) 
 
 § 41. Deer or venison, when not to be possessed. — 
 Wild deer or venison shall not be possessed or sold 
 except from the fifteenth day of August to the 
 twentieth day of November, both inclusive, and pos- 
 session thereof from the fifteenth day of November 
 to the twentieth day of November, inclusive, is for- 
 bidden, and shall be deemed a violation of this sec- 
 tion unless it be proved by the possessor or seller 
 that such deer or venison was killed within the lawful 
 period for killing or out of the state. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of a misdemeanor, 
 and in addition thereto shall be liable to a penalty 
 of one hundred dollars for each wild deer or part 
 thereof had in possession in vioation of this section. 
 {As am'd by chap. S9 of Laws of i8g8.) 
 
 § 42. Fawns not to be killed.— No fawns shall be 
 caught or killed at any time in this state, nor any 
 part thereof be possessed at any time; possession 
 of a fawn or fawns shall be presumptive evidence of 
 
15 
 
 the violation of tliis section. Wlioever shall violate 
 or attempt to violate the provisions of this section 
 shall be deemed guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of one hun- 
 dred dollars for each fawn caught, killed or possessed 
 in violation of this section. 
 
 § 43. Traps and artificial lights.— Traps or any 
 device whatsoever, to trap or entice deer, including 
 salt licks, shall not be made, set or used, and deer 
 shall not be caught, hunted or killed by aid or use 
 thereof. No jack-light or any other artificial light 
 shall be used in hunting or killing or attempting 
 to kill any deer for the term of five years from and 
 after the first day of June, eighteen hundred and 
 ninety-seven. Whosoever shall violate or attempt to 
 violate the provisions of this section shall be deemed 
 guilty of a misdemeanor, and in addition thereto 
 shall be liable to a penalty of one hundred dollars 
 for each violation thereof. (As anid by chap. 390 
 of Laws of 1897.) 
 
 § 44. Hounding.— Deer shall not be hunted, pur- 
 sued or killed with any dog or bitch in this state for 
 the term of five years from the first day of June, 
 eighteen hundred and ninety-seven. Dogs of the 
 breed commonly used for hunting deer shall not be 
 permitted by the owner or person harboring the 
 same to run at large for or during the said term of 
 five years in the forests where deer inhabit. The 
 provisions of this section as to the close season shall 
 not apply to Long Island. If any dog or bitch of the 
 breed used for hunting deer shall be found hunting, 
 pursuing or killing any deer or running at large in 
 the forests of this state where deer inhabit, it shall 
 be deemed prima facie evidence of the violation of 
 the foregoing section by the person or persons own- 
 ing, using, having or harboring such dog or bitch. 
 
16 
 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section shall be deemed guilty of a 
 misdemeanor and in addition thereto shall be liable 
 to a penalty of one hundred dollars for each vio- 
 lation thereof. (As am'd by chap. 390 of Laws of 1897.) 
 
 § 45. Dogs may be killed.— Dogs, while chasing 
 deer in violation of law, or any dog or bitch that 
 will hunt, chase or pursue deer may be killed by 
 any person when found running at large in the 
 forests of this state where deer inhabit, and it is 
 the duty of every game protector and forester to 
 kill all dogs when found running at large in viola- 
 tion of this act, and no action for damage shall lie 
 or be maintained against any person for such killing. 
 {As am'd by chap. 404 of Lazvs of 1S98.) 
 
 § 46. Transportation.— Deer or venison killed in 
 this state shall not be transported to any point within 
 or without the state from or through any of the 
 counties thereof or possessed for that purpose, ex- 
 cept as follows: One carcass or a part thereof may 
 be transported from the county where killed when 
 accompanied by the owner. No individual shall 
 transport or accompany more than two deer in any 
 one year under the above provision. The posses- 
 sion of deer or venison by a common carrier, or by 
 any person in its employ then actually engaged in 
 the business of such common carrier, unaccompanied 
 by the owner, shall constitute a violation of this 
 section by such common carrier. This section does 
 not apply to the head and feet or skin of deer sev- 
 ered from the body. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor, and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for each wild deer or part thereof, had in 
 possession in violation of this section. 
 
17 
 
 § 47. Crusting and yarding.— Deer shall not be 
 "hunted, killed or captured by what is commonly 
 known as crusting, nor while they are yarded. Who- 
 ever shall violate or attempt to violate the pro- 
 visions of this section shall be deemed guilty of mis- 
 demeanor, and in addition thereto shall be liable to 
 a penalty of one hundred dollars for each violation 
 thereof. 
 
 § 48. Wild moose, elk, caribou and antelope.— 
 Wild moose, elk, caribou or antelope shall not be 
 hunted, killed, possessed or sold at any time in this 
 state. Provided, however, that moose, elk, caribou 
 and antelope may be possessed and transported into 
 this state for breeding purposes; and it is further 
 provided that the meat of any moose, elk, caribou 
 or antelope may be possessed or sold during the 
 season for the possession of venison if it be proved 
 by the possessor that such meat^ was killed outside 
 of the state or by persons who own or are in charge 
 of private parks and are the actual owners of said 
 moose, elk, caribou or antelope. Whoever shall vio- 
 late or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor, and 
 in addition thereto shall be liable to a penalty of 
 two hundred dollars for each wild moose, elk, cari- 
 bou or antelope caught, shot at, hunted, killed or 
 possessed or for each carcass or part thereof had 
 in violation of this section. {As am'd by chap. 55 of 
 Laws of 1898.) 
 
 § 49. Black and gray squirrels.— Black and gray 
 squirrels, shall not be hunted, shot at, killed or pos- 
 sessed, except from the first day of September to 
 the fifteenth of December, both inclusive. The pro- 
 visions of this section shall not apply to Long Island. 
 W^hoever shall violate, or attempt to violate, the pro- 
 visions of this section, shall be deemed guilty of 
 3 
 
18 
 
 misdemeanor, and in addition thereto shall be liable 
 to a penalty of twenty-five dollars for each violation 
 thereof, and ten dollars for each squirrel killed or 
 had in possession in violation of this section. (As 
 am'd by chap. S3 of Laws of i8g8.) 
 
 § 50. Beaver not to be killed.— No beaver shall 
 be caught or killed at any time in this state. Who- 
 ever shall violate or attempt to violate the provisions 
 of this section shall be deemed guilty of a misde- 
 meanor and in addition thereto shall be liable to a 
 penalty of fifty dollars for each beaver caught or 
 killed in violation of this section. (Added by chap. 
 463 of Laws of i8g6.) 
 
 § 51. Wild deer, close season in the counties of 
 Ulster, Greene, Delaware and Sullivan.— Wild deer 
 shall not be caught, shot at, hunted, killed or pos- 
 sessed after being killed in the counties of Ulster, 
 Greene, Delaware and Sullivan prior to August fif- 
 teenth, nineteen hundred and one. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor and 
 in addition thereto shall be liable to a penalty of 
 one hundred dollars for each wild deer caught, shot 
 at, hunted, killed or possessed after the same is dead, 
 contrary to the provisions of this section. {Added by 
 ' chap. 403 of Laws of 1898.) 
 
 § 52. Panthers, bounty.— A bounty of twenty dol- 
 lars for each panther shall be paid to any person 
 who shall kill such animal in the state. {As am'd by 
 chap. 639 of Laws of 1898.) 
 
 § 53. Claim for bounty; how proven.— The killing 
 
 of a panther shall be proved by affidavit satis- 
 
 . factory to the supervisor and one of the justices 
 
 of the town where the animal was killed, and the 
 
 delivery to them of the skull and skin thereof, which 
 
19 
 
 skull shall be by them burned, and the skin branded, 
 so as to be capable of identification. (As am'd by 
 chap. 639 of Laws of 1898.) 
 
 § 54. Certificate to be issued.— The supervisor and 
 justice so acting shall issue to the person making 
 such satisfactory proof a certificate directed to the 
 county treasurer of the county, stating the kind of 
 animal killed, the date of killing and the amount of 
 bounty to which the person is entitled. 
 
 § 55. County treasurer to pay certificate.— The 
 county treasurer to whom such certificate is directed 
 shall pay the amount of bounty specified in said cer- 
 tificate to the person holding the same, out of the 
 funds of the county, and on the presentation of said 
 certificate to the comptroller, he shall allow the 
 amount thereof to the county by which it was paid 
 in settlement of taxes due therefrom. 
 
 § 5G. Closed season for woodcock in Richmond 
 county.— Woodcock shall not be pursued, shot at, 
 hunted, killed or possessed, in Richmond county, ex- 
 '^ept from the fourth day of July to the thirty-first 
 day of December, both inclusive. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor, and 
 in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each woodcock killed, trapped 
 or possessed contrary to the provisions of this sec- 
 tion. Anything contained in sections seventy-four, 
 seventy-five and seventy-six of this act relating to 
 woodcock, effecting Richmond county as to closed 
 season on woodcock, is hereby repealed. {Added 
 by chap. 322 of Laws of 1897.) 
 
 § 57. Black bass, Oswego bass, close season.— 
 Black bass, Oswego bass, shall not be fished for, 
 caught, killed, or possessed from the waters of the 
 Salmon river in the town of Fort Covington, Frank- 
 
20 
 
 lin county, between the Canada line and a dam on 
 said river known as A. Wright, or the Fort Coving- 
 ton Milling company's dam, in the village of Fort 
 Covington, or from the Saint Regis river, in the town 
 of Bombay, Franklin county, between the Canada 
 line and a dam in the village of Hogansburg, known, 
 as the Mill's and Lantry dam, between the fifteenth 
 day of November and the first day of May, both 
 inclusive. Whoever shall violate or attempt to vio- 
 late the provisions of this section shall be deemed 
 guilty of misdemeanor, and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 violation and ten dollars for each bass caught, or 
 possessed contrary to the provisions of this section. 
 {Added by chap. 450 of Laws of i8g8.) 
 
 ARTICLE IV.* 
 Birds. 
 
 Section 70. Wild fowl; close season. 
 
 71. Manner of killing. 
 
 72. Quail; close season. 
 
 73. Quail; when not to be possessed. 
 
 74. Woodcock and grouse; close season. 
 
 75. Woodcock and grouse; when not to be 
 
 possessed. 
 75a. Woodcock; close season in the counties 
 of Clinton, Essex and Warren. 
 
 76. Woodcock and grouse; when not to be 
 
 transported. 
 
 77. Plover and other birds; close season. 
 
 78. Certain wild birds protected. 
 
 79. Meadow larks; close season. 
 
 80. Destroying or robbing nests. 
 
 81. Snaring, netting or trapping certain 
 
 game birds forbidden. 
 
 * As amended by chap. 974 of the Laws of 1895. 
 
21 
 
 Section 82. Mongolian ring-necked pheasant. 
 
 83. Authority to collect birds, et cetera, for 
 
 scientific purposes. 
 
 84. Steps to be taken to procure certificate. 
 
 85. Time for which certificates shall be in 
 
 force, 
 
 § 70. Wild fowl; close season.— Web-footed wild 
 fowl, except geese and brant, shall not be pursued, 
 shot at, hunted, killed, possessed or sold between the 
 last day of April and the first day of September, 
 and shall not be pursued, shot at, hunted or killed, 
 except during the hours in each day commencing 
 one hour before sunrise and terminating one hour 
 after sunset. On the Hudson river below the dam at 
 Troy, boats propelled by hand may be used for the 
 purpose of shooting web-footed fowl. The provisions 
 of this section shall not apply to Long Island and 
 Long Island sound. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five dol- 
 lars for each bird killed, trapped or possessed con- 
 trary to the provisions of this section. 
 
 § 71. Manner of killing.— Web-footed wild fowl 
 shall not be pursued, shot at, hunted, killed or caught 
 in any way, save with a gun raised at arm's length and 
 fired from the shoulder without other rest; nor from 
 any boat other than a boat propelled by hand or float- 
 ing device; nor by the use of any boughhouse at a 
 greater distance than fifty feet from either the shore 
 or a natural growth of grass or flags. Such fowls 
 caught or killed in any manner prohibited by this 
 section shall not be brought to the shore, sold or pos- 
 sessed. The provisions of this section shall not apply 
 to Long Island and Long Island sound. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of misdemeanor, 
 
22 
 
 and in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each bird killed, trapped or 
 possessed contrary to the provisions of this section. 
 
 § 72. Quail; close season.— Quail shall not be pur- 
 sued, shot at, hunted or killed, except from the first 
 day of November until the fifteenth day of Decem- 
 ber. Whoever shall violate or attempt to violate the 
 provisiofts of this section shall be deemed guilty of 
 a misdemeanor, and in addition thereto shall be 
 liable to a penalty of twenty-five dollars for each 
 bird killed, trapped or possessed contrary to the pro- 
 visions of this section. {As am'd by chap. 459 of Laws 
 of 1898.) * 
 
 § 73. Quail, when not to be possessed.— Quail 
 shall not be sold or possessed except during the 
 months of November and December, but possession 
 thereof during the month of December after expira- 
 tion of close season is forbidden and shall be deemed 
 a violation of this section unless it be proved by the 
 possessor that said birds were killed within the law- 
 ful periods for killing the same, or outside the state, 
 and they shall not be killed or possessed in the 
 counties of Chemung, Genesee, Wyoming, Orleans, 
 Livingston, Monroe, Cayuga, Seneca, Wayne, Tomp- 
 kins, Tioga, Onondaga, Ontario, Steuben, Cortland 
 and Otsego, prior to the first day of November, eigh- 
 teen hundred and ninety-eight. The provisions of 
 this section shall not apply to Robin's island and 
 Gardiner's island. Whoever shall violate or attempt 
 to violate the provisions of this section shall be 
 deemed guilty of a misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each bird killed, trapped or possessed 
 contrary to the provisions of this section. (As am'd 
 by chop. 459 of Laws of 1898.) * 
 
 * Note.— Apparently this'section does not apply to Long Island. 
 See chap. 459 of Laws of 1898. -Compiler. 
 
23 
 
 § 74. Woodcock and grouse, close season.— Wood- 
 £OCk, ruffed grouse, commonly known as partridge, 
 or any member of the grouse family, shall not be 
 pursued, shot at, hunted, caught or killed except 
 from the first day of September to the fifteenth day 
 of December, both inclusive. No person or persons 
 shall kill, catch or take alive more than thirty-six 
 of the above-named birds under the above provisions 
 in any one year. The provisions of this section shall 
 not apply to Long Island. Whoever shall violate or 
 attempt ,to violate the provisions of this section shall 
 be deemed guilty of a misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each bird caught, killed, snared, trapped 
 or possessed contrary to the provisions of this sec- 
 tion. {As am'd by chap. 54 of Laws of i8g8.) 
 
 § 75. Woodcock and grouse; when not to be pos- 
 sessed. — Woodcock, ruffed grouse, commonly known 
 as partridge, or any member of the grouse family 
 shall not be sold or possessed except from the first 
 day of September to the thirty-first day of Decem- 
 ber, both inclusive, and possession or sale thereof 
 during the last fifteen days of December is prohib- 
 ited and shall be deemed a violation of this section, 
 unless it be proved by the possessor or seller that 
 said birds were caught or killed within the lawful 
 period for killing the same or out of the state. The 
 provisions of this section shall not apply to Long 
 Island. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor and in addition thereto shall be 
 liable to a penalty of twenty-five dollars for each 
 bird caught, killed, trapped or possessed contrary to 
 the provisions of this section. {As am'd by chap. 54 
 of Lazvs of 1898.) 
 
 § 75a. Woodcock; close season in the counties of 
 Clinton, Essex and Warren. — Woodcock shall not 
 
24 
 
 be pursued, sliot at,_^iunted, caught, killed or pos- 
 sessed, except from tbe^ sixteenth day of August to 
 the fifteenth day,pf December, both inclusive, in the 
 counties of Clinton, ^ssex and Warren. Whoever 
 shall violate or attenL\i>t,to violate the provisions of 
 this section, shall ^e deemed guilty of misdemeanor, 
 and in addition the^reto shall be liable to a penalty 
 of twenty-five dollars for each bird caught, killed, 
 or possessed contrary to the provisions of this sec- 
 tion. {Added by chap. 489 of Laws of i8g8.) 
 
 § 76. Woodcock^-- quail and grouse, when not to 
 be transported. — Woodcock, ruffed grouse, com- 
 monly known as partridge, or any member of the 
 grouse family, or duail killed in this state, shall not 
 be transported from any one point to another point 
 within or withou^' the state from or through any 
 of the counties. 'thj^reof or possessed for that pur- 
 pose, nor from a le|s distance than twenty-five miles 
 from the state lin^butside of this state to be trans- 
 ported into this^^tate in the open season for trans- 
 portation, except,tl]bat such birds may be transported 
 from the c#unty w^re killed or through any of the 
 countie^Hfr this state from one point to another point 
 when accompanied*' by the actual owner thereof. 
 Provided, however, that no person, association or 
 company shall transport or accompany more than 
 thirty-six of such birds under the above provisions in 
 any one year, nor more than twelve at any one time, 
 Possession of the birds named by any person or by 
 a common carrier p*r by any person in its employ 
 then actually engaged in the business of such com- 
 mon carrier, corporation, association or company 
 unaccompanied by the actual owner thereof, shall 
 constitute a violation of this section by such person, 
 common carrier, corporation, association or com- 
 pany. A»d- while such bfrds are being transported, 
 no comrnon carrier or person in the employ of a 
 
25 
 
 common carrier transporting such birds shall be the 
 owner thereof. Whoever shall violate or attempt to 
 violate the provisions of this section shall be deemed 
 guilty of misdemeanor, and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 and every bird caught, killed, trapped, snared, or 
 possessed, transported or had in possession for trans- 
 portation contrary to the provisions of this seciion. 
 (As am'd by chap. 54 of Lazus of 1898.) 
 
 § 77. Plover and other birds; close season.— 
 Wilsons, commonly known as English snipe, plover, 
 rail, mud-hen, gallinule grebe, bittern, surf-bird, cur- 
 lew, water chicken, bay snipe, or shore bird shall not 
 be shot at, hunted, killed or possessed during the 
 months of May, June, July and August. The pro- 
 visions of this section shall not apply to Long Island. 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section shall be deemed guilty of mis- 
 demeanor, and in addition thereto shall be liable to a 
 penalty of twenty-five dollars for each bird killed, 
 trapped or possessed contrary to the provisions of 
 this section. 
 
 § 78. Certain wild birds protected.— Wild birds 
 shall not be killed or caught at any time or possessed 
 living or dead. This provision does not affect any 
 birds the killing of which is prohibited between cer- 
 tain dates by the provisions of this act, nor does it 
 protect the English sparrow, crow, hawk, crane, 
 raven, crow-blackbird, common blackbird and king- 
 fisher; and it does not apply to any person holding a 
 certificate under the provisions of this act. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of misdemeanor 
 and in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each bird killed, trapped or 
 possessed contrary to the provisions of this section. 
 (As amd by chap. 699 of Laws of 1897.) 
 4 
 
26 
 
 § 79. Meadow larks; close season.— Meadow larks 
 shall not be shot at, killed or possessed after they 
 are dead, at any time. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall be 
 deemed guilty of misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five dol- 
 lars for each bird killed, trapped or possessed con- 
 trary to the provisions of this section. The pro- 
 visions of this section shall not apply to Long Island. 
 
 § 80. Destroying or robbing nests.— The nests of 
 wild birds shall not be robbed or willfully or need- 
 lessly destroyed unless when necessary to protect 
 buildings or prevent their defacement. This section 
 does not apply to the English sparrow, hawk, crane, 
 crow, raven, crowblackbird and common blackbird or 
 kingfisher. Whoever shall violate or attempt to vio- 
 late the provisions of this section shall be deemed 
 guilty of a misdemeanor, and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 nest robbed or destroyed contrary to the provisions of 
 this section. 
 
 § 81. Snaring, netting or trapping certain game 
 birds prohibited.— English pheasants, ruffed grouse, 
 commonly known as partridge, or any member of 
 the grouse family, or quail, shall not be trapped, net- 
 ted or snared, nor shall any person possess any of 
 said birds so taken, nor shall any net, trap or snare 
 of any kind commonly used for taking ruffed grouse 
 or any member of the grouse family or quail be set, 
 placed or used in any locality where the above 
 named birds can be taken. Any such net, trap or 
 snare is declared to be a public nuisance and may 
 be abated and summarily destroyed by any person, 
 and it is the duty of every fish and game protector 
 and forester to seize and destroy any device set in 
 violation of this section. Whoever shall violate or 
 
27 
 
 attempt to violate the provisions of this section by- 
 placing, setting or using any device whereby any 
 of the above named birds can be talien shall be 
 deemed guilty of misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each bird killed, trapped, snared or pos- 
 sessed or for each device placed or set contrary to 
 the provisions of this section. {As ani'd by chap. 54 
 of Laws of 1898.) 
 
 § 82. Mongolian ring-necked pheasant.— No per- 
 son shall kill, expose for sale or have in his or her 
 possession after the same has been killed, any wild 
 Mongolian ring-necked pheasant (phasius torquatus) 
 prior to the year nineteen hundred, except in the 
 county of Suffolk. Wild Mongolian ring-necked 
 pheasants shall not be pursued, shot at, hunted, 
 killed, trapped or snared in the county of Suffolk 
 except from the first day of October to the thirty- 
 first day of January, both inclusive. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor, and 
 in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each bird killed, trapped, 
 snared or possessed contrary to the provisions of 
 this section. {As am'd by chap. 409 of Laws of 1898.) 
 
 § 83. Authority to collect birds, et cetera, for 
 scientific purposes.— Certificates may be granted by 
 any incorporated society of natural history in the 
 state or by the regents of the university of the state 
 of New York, through such persons or officers as said 
 society may designate, to any properly accredited 
 person of the age of eighteen years or upwards, per- 
 mitting the holder thereof to collect birds, their nests, 
 or eggs for strictly scientific purposes only. In order 
 to obtain such certificate the applicant for the same 
 must present to the person or persons having the 
 power to grant said certificates written testimonials 
 
28 
 
 from two well-known scientfic men, certifying to the 
 good character and fitness of said applicant to be in- 
 trusted with such privilege. 
 
 § 84. Steps to be taken to procure certificates.— 
 Such person except officers of the New York State 
 Museum, must pay to said persons or officers one dol- 
 lar to defray necessary expenses attending the grant- 
 ing of such certificate, and must file with said 
 persons or officers a properly executed bond in the 
 sum of two hundred dollars, signed by two re- 
 sponsible citizens of the state as sureties. This bond 
 shall be forfeited to the state and the certificate be- 
 come void upon proof that the holder of such cer- 
 tificate has killed any bird or taken the nest of eggs 
 of any bird for other than the purposes above men- 
 tioned. 
 
 § 85. Time for which certificates shall be in 
 force.— Such certificates shall be in force for one year 
 only from the date of their issue and shall not be 
 transferable. 
 
 ARTICLE v.* 
 
 Fish. 
 Section 100. Polluting streams. 
 
 101. Taking fish by drawing off water for- 
 
 bidden. 
 
 102. Unlawful devices and explosives pro- 
 
 hibited. 
 
 103. Waters not to be stocked from stream^s. 
 
 104. Fishing through the ice in waters in^ 
 
 habited by trout, et cetera, forbidden. 
 
 105. Trout; close season. 
 
 106. Trout not to be taken unless six inches 
 
 in length. 
 
 *As amended by chap. 974 of the Laws of 1895. 
 
29 
 
 Section 107. Trout, et cetera, not to be disturbed 
 while spawning. 
 
 108. Salmon trout and land-locked salmon; 
 
 close season. 
 
 109. Certain fish not to be transported. 
 
 110. Black bass and Oswego bass, pickerel 
 
 and wall-eyed pike in Saint Lawrence 
 river; close season. 
 
 111. Bass not to be taken less than eight 
 
 inches in length. 
 
 112. Muskallonge; close season. 
 
 113. Salmon; close season. 
 
 114. Salmon not to be taken less than 
 
 eighteen inches in length. 
 
 117. Sign-boards near fishways. 
 
 118. Fishing near fishways prohibited. 
 
 121. Salt-water striped bass. 
 
 122. Striped bass; close season. 
 
 § 100. Polluting streams.— No dyestuff, coal tar, 
 refuse from gas houses, sawdust, shavings, tanbark, 
 lime or other deleterious or poisonous substances 
 shall be thrown or allowed to run into any of the 
 waters of this state, either private or public, in 
 quantities destructive to the life of fish inhabiting 
 the same. Whoever shall violate or attempt to vio- 
 late the provisions of this section shall be deemed 
 guilty of misdemeanor, and in addition thereto shall 
 be liable to a penalty of one hundred dollars for each 
 violation thereof. 
 
 § 101. Taking fish by drawing off water and by- 
 other devices forbidden; exception.— No fish shall 
 be taken by shutting or drawing off water for that 
 purpose; provided, however, that the commissioners 
 of fisheries, game and forest may give permission to 
 persons owning or in charge of private pounds, reser- 
 voirs or the waters of the state, the privilege of tak- 
 ing therefrom carp, pickerel or other deleterious fish 
 
30 
 
 with nets or other devices, or by drawing off the 
 waters from said ponds or reservoirs. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of a misdemeanor and, 
 in addition thereto, shall be liable to a penalty of one 
 hundred dollars for each violation thereof, and ten 
 dollars for each fish so taken. (As am'd by chap. 462 
 of Laws of 1896.) 
 
 § 102. Unlawful devices and explosives prohib- 
 ited. — The use of dynamite or other explosives in 
 any of the waters of the state is prohibited except for 
 mining and mechanical purposes. The possession by 
 any person on the shores or islands of the inland 
 waters of this state of dynamite or other explosives 
 where the use of the same is prohibited by this sec- 
 tion, shall be deemed a violation thereof. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of a misdemeanor 
 and on conviction thereof shall be imprisoned for a 
 period of not less than thirty days, and in addition, 
 thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. 
 
 § 103. Waters not to be stocked from streams.— No 
 trout of any kind, salmon trout or land-locked salmon, 
 shall be taken from any of the waters of this state 
 for the purpose of stocking a private pond or stream, 
 except that the owner of such private pond may, 
 upon the w^ritten consent of the fisheries, game, 
 and forest commission, take any such fish from any 
 stream of water running through premises owned by 
 him, solely for the purpose of being placed in such 
 private pond. Whoever shall violate or attempt to 
 violate the provisions of this section shall be deemed 
 guilty of a misdemeanor, and, in addition thereto, 
 shall be liable to a penalty of twenty-five dollars for 
 each violation thereof, and ten dollars for each fish 
 so taken. (As am'd by chap. 368 of Laws of 1896.) 
 
31 
 
 § 104 Fishing through, the ice in waters inhab- 
 ited by trout, et cetera, forbidden.— No fish shall be 
 fished for, caught or killed through the ice in any 
 waters inhabited by trout, salmon trout or land- 
 loclied salmon during the closed season for the tak- 
 ing of such fish. The provisions of this section do 
 not apply to Lake Ontario, Lake Erie, the Hudson 
 and Niagara rivers, nor to Silver lake in the county 
 of Wyoming, from the first day of January to the fif- 
 teenth day of February, both inclusive. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of misdemeanor, 
 and in addition thereto shall be liable to a penalty 
 of twenty-five dollars for each violation thereof and 
 ten dollars for each fish so caught or possessed. (As 
 am'd by chap. 36^ of Laws of 1896.) 
 
 § 105. Trout; close season.— Trout of any kind shall 
 not be fished for, caught, killed or possessed except 
 from the sixteenth day of April to the thirty-first day 
 of August, both inclusive, except as provided by sec- 
 tion one hundred and sixty-six and in Spring Brook 
 creek, situated in the counties of Monroe and Liv- 
 ingston, trout shall not be fished for, caught, killed 
 or possessed except from the twenty-ninth day of 
 March to the thirty-first day of August, both in- 
 clusive. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor and in addition thereto shall be liable 
 to a penalty of twenty-five dollars for each violation 
 and ten dollars for each fish so caught or possessed. 
 {As ain'd by chap. 150 of Laws of 1897.) 
 
 § 100. Trout of any kind less than six inches in 
 length, shall not be intentionally taken or possessed, 
 and in case any such fish is caught or taken, the 
 person taking it shall immediately place such fish 
 
32 
 
 back in the waters from which it was taken, with- 
 out unnecessary injury. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of ten dollars for 
 each fish so taken or possessed, (As am'd by chap. 
 454 oi Laws of 1898.) 
 
 § 107. Trout, et cetera, not to be disturbed while 
 spawning.— Trout of any kind, salmon trout or land- 
 locked salmon shall not be willfully molested or dis- 
 turbed while upon their spawning beds during the 
 close season, nor shall such fish or any spawn or milt 
 from any such fish be taken or carried away while 
 upon the spawnin'g beds. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of twenty-five dol- 
 lars for each fish so taken, possessed or carried away. 
 
 § 108. Salmon trout and land-locked salmon; close 
 season.— Salmon trout, sometimes known as lake 
 trout, and land-locked salmon, shall not be caught or 
 killed in the inland waters of this state, except from 
 the first day of May to the thirtieth day of Septem- 
 ber, both inclusive; except that in the counties of 
 Dutchess, Ulster, Sullivan, Orange, Rockland, Put- 
 nam, Westchester and Richmond, land-locked salmon 
 otherwise known as Ouananische, shall not be caught, 
 fished for, killed or possessed except from the first 
 day of April to the thirtieth day of June, both in- 
 clusive; provided however that it shall be lawful 
 to possess and sell at any time, salmon trout or land- 
 locked salmon if said fish have not been taken from 
 the inland waters of this state during the close 
 season, but possession of such fish during such close 
 season is forbidden and shall be deemed a violation 
 of this section, unless proved by the possessor that 
 
33 
 
 such fish were not caught in such inland waters dur- 
 ing the close season. The provisions of this section 
 shall not apply to Long Island. Whoever shall vio- 
 late the provisions of this section shall be deemed 
 guilty of misdemeanor and in addition thereto shall 
 be liable to a penalty of twenty-five dollars, for each 
 violation and ten dollars for each fish so caught, 
 killed or possessed. {As am'd by chap. 93 of Laws of 
 1898.) 
 
 § 109. Certain fish not to be transported.— Trout 
 of any kind, salmon trout or land-locked salmon, 
 caught in any of the inland waters of this state, shall 
 not be transported to any point within or without the 
 state from or through any of the counties thereof, or 
 possessed for that purpose, except when accompanied 
 by the owner. Possession thereof by a common car- 
 rier or by any person in its employ then actually en- 
 gaged in the business of such common carrier unac- 
 companied by the owner shall constitute a violation 
 of this section by such common carrier. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of misdemeanor 
 and in addition thereto shall be liable to a penalty 
 of twenty-five dollars for each violation and ten dol- 
 lars for each fish so caught or possessed. 
 
 § 110. Black bass, Oswego bass, pickerel, pike or 
 wall-eyed pike; close season.— Black bass or Oswego 
 bass, shall not be fished for, caught, killed or pos- 
 sessed except from the fifteenth day of June to the 
 thirty-first day of December, both Inclusive, and shall 
 not be fished for, caught or killed in Lake George or 
 Schroon lake, except from the first day of August to 
 the fifteenth day of December, both inclusive, and 
 shall not be fished for, caught or killed in the Scho- 
 harie river or in Foxes creek within three years from 
 the thirty-first day of May, eighteen hundred and 
 5 
 
34 
 
 ninety-six, except in the month of August. Pickerel, 
 pilie, or wall-eyed pilie, shall not be fished for, 
 caught or killed or possessed except from the first 
 day of May to the thirty-first day of January, both 
 inclusive, except as provided in section one hundred 
 and forty-one. Provided, however, that the commis- 
 sioners of fisheries, game and forest shall have power 
 to permit the taking or destruction of pickerel at any 
 time in the waters inhabited by trout. The provisions 
 of this section shall not apply to the Saint Lawrence 
 between Tibbet's point lighthouse and the city of 
 Ogdensburgh, Whoever shall violate or attempt to 
 Tiolate the provisions of this section shall be deemed 
 guilty of a misdemeanor and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 fish so caught, killed or possessed. Every person 
 fishing in the Schoharie river or in Foxes creek, 
 oi' in the waters of Lake George or in the 
 T^^aters of Schroon lake, or having fish in his 
 possession caught in either of said waters, shall 
 whenever requested by any fish and game pro- 
 tector, or by any sheriff, deputy sheriff, con- 
 stable, game constable or police constable, permit 
 such ofiicer to inspect and examine the fish taken by 
 liim or in his possession or control or in the boat, 
 basket, creel, lock-up, or other thing occupied or pos- 
 sessed by him, and in case of his refusal to permit 
 such Inspection or examination he shall be liable to 
 a penalty of twenty-five dollars for each such refusal, 
 and such ofl3cer making such request shall have 
 power, and he is hereby authorized, without a search 
 Avarrant, to at once proceed and make such inspec- 
 tion and examination of said fish, boat, basket, creel, 
 lock-up or other thing in his possession or control, 
 and to use such force as may be necessary for such 
 purpose. Such refusal, if in the open season in said 
 waters, shall be presumptive evidence that such per- 
 son so refusing had intentionally taken from said 
 
35 
 
 waters, in said open season, and l^ept and not re- 
 turned tliereto, one black bass less than eight inches 
 in length, in violation of this article, and if the 
 closed season in said waters, that he has taken one 
 black bass from said waters during such closed 
 season, in violation of the provisions of this section. 
 {As am'd by chap. 109 of Lazvs of i8g8.) 
 
 § 111. Black bass not to be taken less than ten 
 inches in length; number of catch prescribed. — 
 
 No black bass less than ten inches in length, shall 
 be intentionally taken from any of the waters of this 
 state, nor possessed, and in case any such fish is 
 taken, the person taking it shall immediately return 
 it to the waters from which it was taken without 
 unnecessary injury. No person shall take, catch, kill 
 or possess more than twenty-four black bass of the 
 size permitted by this article in any one day. Where 
 two or more persons are fishing or angling from the 
 same boat, the aggregate number of bass taken, 
 caught, killed or possessed, by the occupants of said 
 boat in any one day, shall not exceed thirty-six. 
 The provisions of this section shall not apply to the 
 Saint Lawrence river betw^een Tibbet's point light- 
 house and the city of Ogdensburgh. Whoever shall 
 violate the provisions of this section shall be deemed 
 guilty of misdemeanor and in addition thereto shall 
 be liable to a penalty of ten dollars for each fish 
 so taken or possessed. (As am'd by chap. 407 of Lazvs 
 of 1898.) 
 
 § 112. Muskallonge; close season.— Muskallonge 
 shall not be fished for, caught or possessed, except 
 from the thirtieth day of May to the last day of Feb- 
 ruary, both inclusive. The provisions of this section 
 shall not apply to the Saint Lawrence river between 
 Tibbet's point lighthouse and the city of Ogdens- 
 burgh. Whoever shall violate, or attempt to violate, 
 the provisions of this section shall be deemed guilty. 
 
36 
 
 of misdemeanor and in addition tliereto shall be liable 
 to a penalty of twenty-five dollars for each violation 
 and ten dollars for each fish so caught, killed or pos- 
 sessed. (As am'd by chap. 531 of Laws of i8g6.) 
 
 § 113. Salmon; close season.— Salmon shall not be 
 fished for, caught or killed between the fifteenth day 
 of August and the first day of March following nor 
 shall such fish taken between those dates in this State 
 be possessed. Whoever shall violate or attempt to 
 violate the provisions of this section shall be deemed 
 guilty of misdemeanor and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 violation, and ten dollars for each fish so caught, 
 killed or possessed. 
 
 § 114. No salmon, land-locked salmon or lake 
 trout less than fifteen inches in length shall be 
 intentionally taken alive from any of the waters 
 of this state, nor possessed, and in case any such 
 fish is caught or taken, the person taking it shall 
 immediately place such fish back in the waters from 
 which it was taken without unnecessary injury. 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section shall be deemed guilty of a 
 misdemeanor and in addition thereto shall be liable 
 to a penalty of twenty-five dollars for each violation 
 and ten dollars for each fish so taken, killed or pos- 
 sessed. {As am'd by chap. 454 of Laws of 1898.) 
 
 § 117. Signboards near fishways.— The commis- 
 sioners of fisheries, game and forest are required to 
 maintain, fifty rods from any fishway erected by the 
 state, and on both sides of the stream, signboards 
 containing substantially the following notice: 
 " Fifty rods to the fishway; all persons are by law 
 prohibited from fishing in this stream between this 
 point and the fishway." The provisions of this sec- 
 tion shall apply to public waters only. 
 
37 
 
 § 118. Fishing near fishways prohibited.— Fish- 
 ing or attempting to take fish by any device what- 
 ever, within fifty rods of such fishway, erected by 
 the state, and any interference with the signboards 
 there maintained by the commissioners of fisheries, 
 game and forest, is forbidden. Wlioever shall vio- 
 late or attempt to violate the provisions of this sec- 
 tion shall be deemed guilty of misdemeanor and in 
 addition thereto shall be liable to a penalty of twenty- 
 five dollars for each violation and ten dollars for each 
 fish so talien, liilled or possessed. 
 
 § 121. Salt-water striped bass.— No salt-water 
 striped bass less than eight inches in length shall be 
 intentionally talien from any of the waters of this 
 State, nor possessed; and, in case any such fish is 
 talien, the person so taking it shall immediately place 
 such fish back into the water from which it was 
 taken without unnecessary injui*y. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor and 
 in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each violation and ten dollars 
 for each fish so taken, killed or possessed. 
 
 ARTICLE VI.* 
 
 Miscellaneous Provisions. 
 
 Section 130. Certain fish not to be placed in the 
 waters of the Adirondacks. 
 
 131. Saint Lawrence river, Niagara river and 
 
 Lake Champlain, fishing by certain 
 devices prohibited. 
 
 132. Lake Ontario, Lake Erie, and Cat- 
 
 taraugus creek, fishing by certain 
 devices prohibited. 
 
 •As amended by chap. 974 of the Laws of 1895. 
 
38 
 
 Section 132a. Nets in Cliaumont bay and adjacent 
 waters. 
 134. Meshes of nets in Lakes Erie, Ontario 
 and Cattaraugus creek. 
 
 136. Taking shad, herring and other fish in 
 
 the Hudson and Delaware rivers and 
 other waters. 
 
 137. Salmon taken in nets from the Hudson 
 
 river to be thrown back. 
 
 138. Richmond county and New York or 
 
 Raritan bay; regulations as to nets. 
 
 139. Nets not to be used in the Harlem river. 
 
 140. Exceptions as to Saint Lawrence and 
 
 Warren counties. 
 
 141. Certain fish may be caught through the 
 
 ice in lakes named. 
 143. Eel-weirs. 
 
 145. Taking minnows for bait. 
 
 146. Size of meshes in Coney Island creek 
 
 regulated. 
 
 149. Frost fish and white fish may be taken 
 
 with nets in certain lakes. 
 
 150. Fishing with nets and other devices. 
 
 151. Nets to be licensed. 
 
 152. Thumping. 
 
 153. Exceptions as to commissioners of fish- 
 
 eries, game and forest. 
 
 154. Fishing in Seneca lake. 
 
 155. Fishing in Fall creek, Ithaca, prohib- 
 
 ited. 
 
 156. Fishing in Little river, in Albany 
 
 county. 
 
 157. Fishing in Lawrence brook, Franklin 
 
 county. 
 157. Special provisions as to Crystal lake in 
 Albany county; close season for black 
 bass in Crystal lake, town of Rens- 
 selaerville, Albany county. New York. 
 
?9 
 
 § 130. Certain fish not to be placed in the waters 
 of the Adirondacks.— No fish, fish fry, spawn or 
 melt, except spreckled trout, brook trout, brown trout, 
 salmon trout, raiubow trout, Adirondack frost fish 
 or land-locked salmon, shall be placed in the waters 
 of the Adirondack region except under the immediate 
 supervision and in pursuance of a resolution of the 
 commissioners of fisheries. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of five hundred 
 dollars for each violation thereof. 
 
 § 131. Saint Lawrence river, Niagara river and 
 Lake Champlain, fishing by certain devices pro- 
 hibited.— No fish shall be fished for, caught or killed 
 in any manner, or by any device except angling in 
 the waters of the Saint Lawrence river, Niagara 
 river, nor in Lake Champlain in this State, except 
 that it shall be lawful to fish with seines, machines 
 or traps in that portion of the waters of Niagara 
 river adjacent to and included within the limits of 
 the town of Lewiston, county of Niagara, for the 
 purpose of catching fish of all kinds, except black 
 bass, yellow pike, salmon trout, whitefish, pickerel 
 and muskallonge, during the same months in the year 
 in which it is lawful for a citizen of the Dominion 
 of Canada to fish in like manner and for a like pur- 
 pose in that portion of the waters of said river within 
 said dominion adjacent or opposite to those herein last 
 aforesaid; provided, however, that no such seine, 
 machine or trap shall be used for fishing purposes 
 without first obtaining a license to use the same from 
 the commissioners of fisheries, game and forests, 
 who, upon application of a person entitled thereto, as 
 provided herein, may grant such license upon pay- 
 ment of five dollars a year for each and every seine, 
 machine or trap licensed. No license, however, shall 
 
40 
 
 be granted to any person except citizens of the 
 United States of America, and except that it shall be 
 lawful to take bullheads, eels, suckers, catfish" and 
 pike or pickerel in Lake Champlain, except during the 
 months of March, April and May, and in the waters 
 of Niagara river during the months of November, 
 December, January and March it shall be lawful to 
 take all fish excepting black bass and muskallonge 
 with a seine, providing that permission so to do has 
 been first obtained from the commissioners of fish- 
 eries, game and forests, and fish taken contrary to 
 the provisions of this section shall not be knowingly 
 possessed. No fish shall be taken from the waters of 
 Silver lake or the marshes adjoining such lake, by 
 any means or device whatever, during the months of 
 March and April. Whoever shall violate or attempt 
 to violate the provisions of this act shall be deemed 
 guilty of misdemeanor, and in addition thereto, shall 
 be liable to a penalty of one hundred dollars for each 
 violation thereof. (As am'd by chap. 783 of Lazvs of 
 1896.) 
 
 § 132. Lake Ontario, Lake Erie and Cattaraugus 
 creek, fishing by certain devices prohibited.— No 
 fish shall be fished for, caught or killed in any man- 
 ner or by any device except angling, in the waters 
 of Lake Erie, within one-half of a mile of the shores 
 thereof, or of any of the islands therein, nor in the 
 Cattaraugus creek, or within five miles of the mouth 
 thereof, or of any island therein; nor in Lake Ontario, 
 within one mile of the shore, or of any island therein, 
 nor within three miles of the mouth of the Niagara 
 river, the waters of Lake Ontario in the county of 
 Oswego, between the northerly line of the town of 
 Mexico and Jefferson county line, are hereby exempt 
 from the provisions of this act, but sections one hun- 
 dred and ten and one hundred and eleven of this 
 act shall apply to said waters. Fish taken contrary 
 
41 
 
 to the provisions of this section shall not be know- 
 ingly possessed. Whoever shall violate or attempt 
 to violate the provisions of this section shall be 
 deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. {As am'd by chap. 
 401 of Laws of 1898.) 
 
 § 132a. Nets in Chaumont bay and adjacent 
 waters.— The waters and bays of Lake Ontario, in 
 the county of Jefferson, within one mile of the shore, 
 between Horse island, in the town of Hounsfield, 
 and the town line between the towns of Lyme and 
 Cape Vincent, except the waters within one mile 
 of Stony island or of the Galloup islands, are so far 
 excepted from the provisions of this act as to per- 
 mit the taking of fish by nets therein from October 
 first to April thirtieth. Provided that no net shall 
 be set until license therefor has been granted by the 
 commissioners of fisheries, game and forest, which 
 shall be granted, except as hereinafter provided, on 
 the execution of a satisfactory bond to be approved 
 by said commissioners,- conditioned for the payment 
 to the people of the state of the sum of one hundred 
 dollars if the holder of the license shall violate any 
 of the provisions of this section as to black and 
 Oswego bass and muscallonge while the license is 
 in force. The license fee shall be one dollar for a 
 net, and a single license may be for five nets. All 
 black and Oswego bass and muscallonge caught in 
 nets set pursuant to this section shall be immediately 
 returned to the water alive, and without unneces- 
 sary injury. No license shall issue to any person 
 who shall have been convicted under this section or 
 whose bond shall have been adjudged to be for- 
 feited. Except as herein provided the use of nets in 
 said waters is hereby prohibited. Whoever shall vio- 
 late or attempt to violate the provisions of this sec- 
 (i 
 
42 
 
 tion shall be deemed guilty of a misdemeanor and 
 in addition thereto shall be liable to a penalty of 
 one hundred dollars for each violation thereof. 
 
 {Added by chap. 401 of Lazvs of i8g8.) 
 
 § 133. Fishing in certain waters in Warren county. 
 — No person or persons shall attempt to fish, catch 
 or attempt to catch fish of any kind in any manner or 
 with any device whatever in or from any of the fol- 
 lowing named waters, viz.: East brook and West 
 brook, or from any of the tributaries of said East 
 brook or to said West brook, in the town of Caldwell, 
 Harris or Edmund brook, Indian brook and Finkle 
 brook in the town of Bolton, Warren county, at any 
 time within two years after the passage of this act. 
 No person or persons shall fish or attempt to fish in 
 any manner or with any device in or from the waters 
 of Lake George or in or from Glen lake or from any 
 of the tributaries of said lakes in Warren county, any 
 pike-perch or any great northern pike, between the 
 first day of January and the fifteenth day of June in 
 each year, or bull-heads, between the first day of Jan- 
 uary and the first day of July of each year, nor black 
 bass or Oswego bass from any of the waters in the 
 town of Horicon, between the first day of January 
 and the tenth day of July of each year. Provided, 
 however, that perch may be caught by angling in the 
 waters of Lake George at any time. Whoever shall 
 violate or attempt to violate any of the provisions 
 of this section shall be deemed guilty of a mis- 
 demeanor and in addition thereto shall be liable to 
 a penalty of fifty dollars for each violation and ten 
 dollars for each fish caught, killed or possessed con- 
 trary to any of the provisions of this section. {Added 
 by chap. 250 of Laws of 189/.) 
 
 § 134. Meshes of nets used in Lakes Erie and 
 Ontario and Cattaraugus creek.— The meshes of 
 nets used in Lake Erie and Lake Ontario and 
 
43 
 
 Cattaraugus creek shall not be less than one and one- 
 eighth inch bar. It shall be lawful for fishermen 
 holding license from the fisheries, game and forest 
 commission to fish with nets in said lakes, to hang 
 or reel the said licensed nets for the purpose of 
 cleaning and drying, on the shores of said lakes, or 
 on the shores of any island therein, or on the sliores 
 of any of the harbors of said lakes or of any island 
 therein. Whoever shall violate or attempt to violate 
 the provisions of this section shall be guilty of mis- 
 demeanor and in addition thereto shall be liable to 
 a penalty of one hundred dollars for each violation 
 thereof. (As amd by chap. 330 of Laws of i8g7.) 
 
 § 136. Taking shad, herring and other fish in the 
 Hudson and Delaware rivers, and other waters.— 
 Except as herein provided, shad, herring and other 
 fish shall not be taken from the Hudson and Delaware 
 rivers or Eondout creek with nets of any kind. Be- 
 tween the fourteenth day of March and the fifteenth 
 day of June, shad and herring may be taken from said 
 waters by nets to be operated by hand only; and 
 from the Catskill creek below Cook's dam, so called, 
 by means of scoop-nets, dip-nets and scap-nets; but 
 said nets shall not be set, placed nor drawn nor fish 
 taken therefrom between sunset on Friday night 
 and sunrise on Monday morning, unless by reason 
 of the inclemency of the weather said nets cannot 
 be drawn prior to sunset on Friday night, in which 
 case it shall be lawful to take fish therefrom as soon 
 as the weather will permit on Saturday, and be- 
 tween the first day of September and the thirtieth 
 day of May following, bullheads, catfish, suckers, eels, 
 pickerel, sturgeon, white and yellow perch, carp and 
 sunfish may be caught by means of hoop-nets, fykes, 
 dip-nets, scap-nets, and gill-nets, in the Hudson 
 river, Wallkill creek, in Rondout creek below the 
 dam at Eddyville, in Wappingers creek, in the Ten 
 
44 
 
 Mile river in the town of Dover, and in Catskill 
 creek below Cook's dam, so called, by means of scoop- 
 nets, dip-nets and scoop-nets. Nets shall not be set or 
 used north of the dam at Troy. Between June first 
 and September first sturgeon may be taken in the 
 waters of the Hudson river with sturgeon nets of not 
 less than eleven inches mesh. Nothing in this section 
 shall be construed to prohibit the catching of fish with 
 hook and line in Rondout creek at any time. Who- 
 ever shall violate or attempt to violate any of the pro- 
 visions of this section shall be deemed guilty of 
 misdemeanor and in addition thereto shall be liable 
 to a penalty of fifty dollars for each violation thereof. 
 {As am'd by chap. 461 of Laws of i8g8.) 
 
 § 138. Richmond county and New York or Raritan 
 bay; regulations as to nets.— No device, except 
 angling, shall be placed, drawn or used, for the capture 
 of any fish except menhaden in the waters of Raritan 
 bay nor in any waters adjacent thereto in Richmond 
 county, except that shad may be taken by shad nets 
 between the fifteenth day of March and the fifteenth 
 day of June, both inclusive. Whoever shall violate 
 or attempt to violate the provisions of this section 
 shall be deemed guilty of misdemeanor, and in addi- 
 tion thereto shall be liable to a penalty of one hun- 
 dred dollars for each violation thereof. {As am'd by 
 chap. 139 of Laws of 1898.) 
 
 § 139. Nets not to be used in the Harlem river.— 
 Nets, set nets, pounds or fykes shall not be used in 
 Harlem river, or East river, or Long Island sound 
 from Hell Gate to the northern boundary line of the 
 present City of New York, including all adjacent 
 bays, creeks and confluent brooks within said limits. 
 This section shall not apply to nets used for catch- 
 ing lobsters or crabs in said waters. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor, and 
 
45 
 
 in addition thereto shall be liable to a penalty of 
 "one hundred dollars for each violation thereof. (As 
 am'd by chap. 462 of Laws of i8g8.) 
 
 § 140. Exceptions as to Saint Lawrence and War- 
 ren counties.— It shall be lawful to fish at any time 
 for perch, suckers and bullheads, and to spear such 
 fish through the ice in any of the streams, ponds 
 or lakes in Warren county, excepting that in Schroon 
 lake. Long pond or Glen lake and Lake George, 
 the use of spears is forbidden. No fish of any 
 kind, except suckers and billfish or garpikes, shall 
 be caught in Black lake, in Saint Lawrence county, 
 or in waters tributary to said lake, or in the Oswe- 
 gatchie river, from the boundaries of the city of 
 Ogdensburg to the village of Heuvelton, except from 
 the first day of May to the fifteenth day of Novem- 
 ber, both inclusive. Nothing herein contained shall 
 be construed as prohibiting the catching of fish by 
 angling at any time, nor the use of tip-ups in fishing 
 through the ice, in the waters of Black lake, in Saint 
 Lawrence county. No transportation company in Saint 
 Lawrence or Jefferson counties shall transport any 
 fish caught contrary to the provisions of this section, 
 and when fish, at any time, are offered such company 
 for transportation, they may at their option refuse to 
 accept the same until satisfactory proof is furnished 
 that they were not caught in violation of law. Pos- 
 session thereof by a common carrier, or by any person 
 in its employ then actually engaged in the business 
 of such common carrier, unaccompanied by the owner, 
 shall constitute a violation of this section by such 
 common carrier. Whoever shall violate or attempt 
 to violate the provisions of this section shall be guilty 
 of a misdemeanor and in addition thereto shall be 
 liable to a penalty of one hundred dollars for each 
 violation thereof. {As am'd by chap. 600 of Laws of 
 1898.) 
 
46 
 
 § 141. Certain fish may be caught through the ice 
 in lakes and waters named. — Pickerel, bullheads, 
 catfish, eels, perch, and sunfish may be fished for 
 through the ice with hooks and line, or tip-ups, in 
 Lake Keuka or Crooked lake, in Queechey lake, in 
 Conesus lake, in any waters in Sullivan county not 
 inhabited by brook trout and in any other waters 
 of the state not inhabited by trout, lake trout, sal- 
 mon trout, black or Oswego bass, or laud-locked 
 salmon or muscallonge, except in the waters of the 
 town of Smithville, in Chenango county, and by set 
 lines in the Susquehanna river and in the Chenango 
 and Unadilla rivers and their tributaries in Che- 
 nango county. Suckers, bullheads, eels and dog-fish 
 may be caught from December first to May fifteenth 
 by the means of hooking in Oneida lake, Oneida 
 river, Onondaga lake, and in the waters of Cort- 
 land, Tioga, Broome, Chenango and Otsego counties, 
 in the Delaware and Charlotte rivers in the counties 
 of Delaware and Sullivan, in the Schoharie river and 
 its tributary streams in Schoharie county, and by 
 spearing in the Delaware river in Delaware county 
 from April first to October first. Suckers, bullheads 
 and eels may be caught in Seneca lake and in the 
 Chenango river and its tributaries in Chenango 
 county, with seines four rods in length and meshes 
 not to be less than one and one-fourth inches in 
 size, with rope for hauling not to be more than thirty 
 feet in length at each end of net provided that per- 
 mission so to do has first been obtained from the 
 commissioners of fisheries, game and forests. {As 
 atn'd by chap. 400 of Lazi'S of 1898.) 
 
 § 142. Fishing through ice in certain lakes; set 
 lines in Canandaigua lake.— No fish shall be fished 
 for, caught or killed in any manner or by any de- 
 vice except angling in the waters of Canandaigua 
 lake, except as herein provided. It shall be lawful 
 
47 
 
 to fish with set lines, no line to exceed six hundred 
 ftet in length, one end thereof to be attached at the 
 shore, in the waters of Canandaigna lake, no person 
 to own or operate more than two lines. Pickerel, 
 pike, perch and bullheads may be fished for through 
 the ice with hooks and lines, tip-ups or bobs in 
 Honeoye lake, Canadice lake, C'onesus lake, and Loon 
 lake in Steuben county. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of a misdemeanor and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. {As aui'd by chap. 
 ^56 of Lazvs of 1S98.) 
 
 § 143. Eel weirs.— Eel weirs of which the laths are 
 not less than one inch apart, may be maintained at 
 any time in any of the waters of this state not in- 
 habited by trout, lake trout, salmon trout, or land- 
 locked salmon, except in the Chemung river and its 
 tributaries in the counties of Steuben and Chemung, 
 and except in waters in Cayuga county, and except 
 in the Susquehanna river; provided, that there be 
 a clear passage at low water mark at some point 
 in said weir of not less than ten feet in width for 
 the passage of boats and fish. Eel pots of a form 
 and character such as may be prescribed by the 
 rules of the commissioners of fisheries, game and 
 forest, may be used in any waters not inhabited by 
 trout, lake trout, salmon trout, or land-locked sal- 
 mon. Except as herein provided the use of eel weirs 
 and eel pots, in any waters of the state is prohibited. 
 Whoever shall violate or attempt to violate the 
 provisions of this section shall be deemed guilty of 
 misdemeanor, and in addition thereto shall be liable 
 to a penalty of sixty dollars for each and every eel 
 weir or eel pot built or maintained in violation of 
 this section, and ten dollars for each fish caught 
 therein in violation of this section. The provisions 
 
48 
 
 of this section shall not apply to Long Island. {As 
 am'd by chap. 405 of Laws of J8g8.) 
 
 § 145. Taking minnows for bait.— The provisions 
 of this act prohibiting the use or placing of nets and 
 certain other devices in waters of the state shall not 
 apply to taking minnows for bait, but nets for that 
 purpose must not exceed forty feet in length and four 
 feet in depth, with ropes at either end for hauling not 
 exceeding thirty feet in length. This section shall 
 not authorize the placing or use of nets or any other 
 devices of a kind used for catching fish in streams 
 inhabited by trout, nor the taking of trout by means 
 of nets or other devices except angling in any waters. 
 If any black bass, Oswego bass, muscallonge, great 
 northern pike, sometimes called pickerel, wall-eyed 
 pike, or whitefish or minnows thereof are taken in 
 nets used for catching minnows for bait, they shall 
 be returned to the water at once without injury. 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section by placing, drawing, using or 
 maintaining any device of any kind in streams in- 
 habited by trout whereby fish can be taken other than 
 that of angling, which shall mean by hook and line 
 or rod held in hand, shall be deemed guilty of mis- 
 demeanor and in addition thereto shall be liable to a 
 penalty of one hundred dollars for each violation 
 thereof and five dollars for each and every fish 
 caught, killed or possessed, taken contrary to the 
 provisions of this section. {As am'd by chap. 326 of 
 Laws of 1897.) 
 
 § 146. Size of meshes in Coney Island creek 
 regulated.— The meshes of nets used in Coney Island 
 creek to the mouth thereof, extending out into 
 Gravesend bay one-half mile each way, shall not be 
 less than four inches square, except that for eel and 
 flounder fishing hoop-nets with suitable meshes may 
 be used within said bay from the fifteenth day of 
 
49 
 
 October to the thirty-first day of March following, 
 both inclusive. Whoever shall violate or attempt to 
 violate the provisions of this section shall be guilty of 
 misdemeanor and in addition thereto shall be liable 
 to a penalty of twenty-five dollars for each violation 
 thereof. 
 
 § 149. Frost fish and white fish may be taken with 
 nets in certain waters. — Frost fish and white fish may 
 be talien from the waters of Otsego lake in the county 
 of Otsego, from the first day of May to the thirty- 
 first day of August, both inclusive, with seines hav- 
 ing meshes not less than one and three-quarter 
 inch bar; provided, however, that such fishing with 
 seines shall only be done in the daytime, between 
 sunrise and sunset, and pickerel may be taken 
 through the ice in said lake, by tip-ups or set lines; 
 and frost fish, white fish or Oswego bass, lake trout, 
 perch, eels and pickerel may be taken from the 
 waters of said lake by rod and reel or by hook and 
 line held in the hand from the first day of January to 
 the thirty-first day of October, both inclusive. Frost 
 fish, white fish, catfish, sunfish, pumpkin seeds, bull- 
 heads, perch, suckers and sturgeon may also be 
 taken with nets from inland lakes not inhabited by 
 brook trout during such period, and in such manner 
 and under rules and regulations as the commissioners 
 of fisheries, game and forest may prescribe, which 
 rules and regulations may be amended or abrogated 
 at any time. Such rules may be either general or 
 special at the option of the commissioners and may be 
 published in such manner as they may deem proper. 
 Whoever shall violate or attempt to violate such 
 rules and regulations or the provisions of this section 
 shall be deemed guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of one hun- 
 dred dollars for each violation thereof. (As anCd by 
 chap. 600 of Laws of 1898.) 
 7 
 
50 
 
 § 150. Fishing with nets and other devices.— Fish- 
 ing with nets, seines, fykes, dip-nets or other devices 
 except angling or placing, drawing or using the same 
 in any of the rivers, lakes and inland waters of this 
 state is prohibited except as permitted by this act, 
 and except where otherwise provided. The meshes 
 of all nets, seines, fykes and dip-nets which may 
 be lawfully used shall in no case be less than one and 
 one-eigbth-inch bar. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for the first violation thereof and two hundred 
 dollars for each subsequent violation thereof. 
 
 § 151. Nets to be licensed.— It shall be the duty 
 of the board of commissioners of fisheries, game and 
 forest to prescribe rules and regulations for the pur- 
 pose of granting all licenses to seines, fykes and nets 
 in water when specially permitted by this act, other 
 than dip-nets, scap-nets, and nets used for taking 
 minnows for bait and to cause a duly authenticated 
 copy of the same to be filed in the ofiice of the sec- 
 retary of state, and it shall be the duty of the secre- 
 tary of state to print such rules and regulations in 
 the volume of session laws foi- the current year. Such 
 rules and regulations shall take effect on the first day 
 of September, eighteen hundred and ninety-five, and 
 thereafter fishing with seines, fykes, and nets other 
 than scap-nets, dip-nets and nets used for catching 
 minnows for bait, without a license having been ob- 
 tained therefor in accordance with such rules and 
 regulations, is prohibited. Whosoever shall violate 
 or attempt to violate the provisions of this section 
 shall be deemed guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. The provisions 
 of this section shall not apply to the salt waters of 
 the state. 
 
51 
 
 § 152. Thumping.— Sailing, rowing, pushing or 
 -floating in any boat or vessel or any waterway, run 
 or channel in which the waters are too deep to draw a 
 seine in the usual way, or patroling the banks of such 
 waterway, run or channel and at the same time 
 stamping, jumping, shouting, pounding, beating, or 
 splashing the waters, beating or pounding the banks, 
 waters or boats while a seine is set, drawn, held or 
 floated at either end of such waterway, run or chan- 
 nel or the sides thereof with intent to frighten the 
 fish out of the deep waters into such seine and gen- 
 erally^ known as thumping, is forbidden. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of misdemeanor 
 and in addition thereto shall be liable to a penalty of 
 fifty dollars for each violation thereof. 
 
 § 153. Exceptions as to commissioners of fisheries, 
 game and forest. — The provisions of this act shall 
 not be so construed as to prevent the commissioners 
 of fisheries, game and forest, or persons in their em- 
 ploy and under their direction from taking fish with 
 nets at such times and in such manner as they may 
 direct for the purpose of the artificial propagation 
 of fish. 
 
 § 154. Fishing in Seneca lake.— It shall be lawful 
 to fish in waters of Seneca lake with nets or seines, 
 the meshes of which shall not be less than a two- 
 inch bar, from the fifteenth day of April to the fif- 
 teenth day of August both inclusive. It shall also 
 be lawful to fish with spears in the waters of Seneca 
 lake for all fish, except black bass, from the fifteenth 
 day of April to the fifteenth day of June, both in- 
 clusive. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of a misdemeanor and in addition thereto shall be 
 liable to a penalty of fifty dollars for each violation 
 thereof. {Added by chap. 66o of Lazus of 1S96, and amd 
 by chap. 455 of Laivs of 1898.) 
 
52 
 
 § 155. rishing in Fall creek, Ithaca, prohibited.— 
 No person shall kill, catch or remove, or attempt to 
 kill, catch or remove, any fish by any means or de- 
 vice whatsoever, at any time, in or from that portion 
 of Fall creek betM^een Lake street bridge in the city 
 of Ithaca and the Ithaca falls, including the pool at 
 the foot of the falls. Whosoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of a misdemeanor and in addition 
 thereto shall be liable to a penalty of ten dollars for 
 each attempt, and an additional penalty of ten dol- 
 lars for each fish so caught, killed, or removed. 
 {Added by chap. 94 of Laws of i8g8.) 
 
 § 156. Fishing in Little river, in Albany county. — 
 The taking of fish in any manner other than by 
 angling in Little river between the city of Water- 
 vliet and Lagoon Island in the county of Albany, 
 or from any brooks emptying therein, is prohibited. 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section is guilty of misdemeanor, and 
 in addition thereto shall be liable to a penalty of 
 fifty dollars for each violation thereof. {Added by 
 chap. 107 of Laws of 1898.) 
 
 § 157. Fishing in Lawrence brook, Franklin 
 county.— No fish shall be fished for, caught or killed 
 in any manner or by any device in Lawrence brook 
 or its tributaries, in the towns of Moira and Dick- 
 inson in the county of Franklin, for a period of five 
 years from the first day of June, eighteen hundred 
 and ninety-eight, except that suckers may be fished 
 for and caught with snares only. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty of misdemeanor and 
 in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each violation thereof. {Added 
 by chap. 460 of Laws of 1898.) 
 
53 
 
 § 157. Special provision as to Crystal lake in 
 Albany county; close season for black bass in 
 Crystal lake, town of Rensselaerville, Albany 
 county, New York.— Black bass shall not be fished 
 for, caught, killed or possessed in Crystal lake, town 
 of Rensselaerville, Albany county, New York, within 
 two years from the fifteenth day of June, eighteen 
 hundred and ninety-eight. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor, and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each violation and ten dollars for each 
 bass caught, killed or possessed in violation of this 
 section. (Added by chap. 452 of Laws of 1898.) 
 
 § 158. It shall be lawful to spear bullheads, suck- 
 ers and eels in the waters of Lake Ontario in the 
 towns of Ellisburgh, Henderson, Houndsfield and 
 Brownville, in Jefferson county, at any time. {Added 
 by chap. 407 of Laws of 1898.) 
 
 ARTICLE VII.* 
 
 Special Provisions as to Kings, Queens and Suffolk 
 Counties and Long Island Sound. 
 
 Section 160. Article to apply to Kings, Queens and 
 Suffolk counties and Long Island 
 sound only. 
 
 161. Close season for wild fowl. 
 
 162. Exception as to wild fowl. 
 
 163. Plover and other birds; close season. 
 
 164. Woodcock and grouse; close season. 
 
 165. Bobbins and Gardiners islands. 
 
 166. Trout; close season. 
 
 167. Salmon trout and land-locked salmon; 
 
 close season. 
 
 *As amended by chap. 974 of the Laws of 1895. 
 
54 
 
 Section 1G8. Black bass; close season. 
 
 169. Hares and rabbits. 
 
 ' lip. Deer 
 
 171. Black and gray squirrels. 
 
 ■v- 172. Jamaica bay. 
 
 173. Supervisors of Suffolk county; powers 
 
 , conferred. 
 
 174. Destroying or robbing nests. 
 
 175. Meadow hens and other birds; close 
 
 season. 
 
 § 160. Article to apply to Kings, Queens and Suf- 
 folk counties and Long Island sound only. — This 
 article applies exclusively to the counties of Kings, 
 Queens and Suffolk and Long Island sound. 
 
 § 161. Close season for wild fowl.— Web-footed 
 wild fowl shall not be shot at, hunted, killed or pos- 
 sessed from the first day of May to the thirtieth day 
 of September, both inclusive, nor shall the same be 
 pursued, shot at, hunted or killed between sunset 
 and daylight; nor shall the same be pursued, shot 
 at, hunted, killed or caught in any way, save with 
 gun raised at arm's length and fired from the shoul- 
 der without other rest; nor from any boat other than 
 a boat propelled by hand or floating device, except 
 as provided in section one hundred and sixty-two, 
 such fowls caught or killed in any manner prohib- 
 ited by this section shall not be brought to the shore, 
 sold or possessed. Whoever shall violate or attempt 
 to violate the provisions of this section, shall be 
 deemed guilty of a misdemeanor and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each bird killed, trapped, netted, or pos- 
 sessed contrary to the provisions of this section. (As 
 am'd hy chap. 457 of Laws of 1898.) 
 
 § 162. Exception as to wild fowl.— Except as 
 herein provided, the use of floating devices in hunt- 
 
55 
 
 iug web-footed wild fowl on Long Island and waters 
 adjacent thereto is prohibited. Floating devices may- 
 be used for the purpose of shooting web-footed wild 
 fowl therefrom in Long Island sound, Great South 
 bay west of Smith's point, Shinnecock and Peconic 
 bays, and in any part of said counties said birds 
 may be pursued and killed from boats propelled by- 
 hand, and from any sailboats in Long Island sound, 
 Gardiner and Peconic bays. Whoever shall violate 
 or attempt to violate the provisions of this section 
 shall be deemed guilty of a misdemeanor, and in 
 addition thereto shall be liable to a penalty of 
 twenty-five dollars for each bird killed or possessed 
 contrary to the provisions of this section. (As am'd 
 by chap. 44() of Laws of i8g8.) 
 
 § 163. Plover and other birds; close season.— 
 Plover, curlew, jack snipe, bittern, Wilsons, com- 
 monly known as English snipe, yellow legs, Killdeer, 
 Willet snipe, dowitcher, short-necks, rail, sandpiper, 
 baysnipe, surf snipe, winter snipe, ring-necks, and 
 oxeyes shall not be shot at, hunted, killed or pos- 
 sessed, except from the first day of July to the thirty- 
 first day- of December, both inclusive. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be deemed guilty ol misdemeanor and 
 in addition thereto shall be liable to a penalty of 
 twenty-five dollars for each bird killed, trapped or 
 possessed contrary to the provisions of this section. 
 
 § 164. Woodcock and grouse; close season. — Ruffed 
 grouse, commonly known as partridge, or any mem- 
 ber of the grouse family or meadow larks shall not 
 be hunted, shot at or killed from the first day of 
 January to the thirty-first day of October, both in- 
 clusive. Woodcock shall not be hunted, shot at or 
 killed from the first day of January to the thirty-first 
 day of July, inclusive. Nor shall either of such birds 
 
56 
 
 be possessed, dead or alive, or sold after the thirty- 
 first day of January until the end of the close season 
 for such birds respectively. Possession thereof dur- 
 ing the month of January is forbidden and shall be 
 deemed a violation of this section, unless it be proved 
 by the possessor or seller that said birds were l^illed 
 within the lawful period for killing the same or out of 
 this state. Whoever shall violate or attempt to vio- 
 late the provisions of this section shall be deemed 
 guilty of misdemeanor and in addition thereto shall 
 be liable to a penalty of twenty-five dollars for each 
 bird killed, trapped or possessed contrary to the pro- 
 visions of this section. 
 
 § 165. Robbins and Gardiners island. — Quail may 
 be shot on Robbins island so long as it remains the 
 property of the Robbins Island club, and on Gardiners 
 island, from the fifteenth day of October to the thirty- 
 first day of January following, both inclusive, and 
 woodcock may be shot on such islands from the 'first 
 day of August to the thirty-first day of December, 
 both inclusive. Whoever shall violate or attempt to 
 violate the provisions of this section shall be deemed 
 guilty of misdemeanor. 
 
 § 166. Trout; close season.— Trout shall not be 
 fished for, caught, killed or sold as food except from 
 the twenty-ninth day of March to the thirty-first day 
 of August, both inclusive. But trout so caught or 
 killed under the provisions and limitations of this 
 article, between the twenty-ninth day of March and 
 the sixteenth day of April, may be sold anywhere in 
 the city of New York and Long Island. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be deemed guilty of a misdemeanor, 
 and in addition thereto shall be liable to a penalty 
 of twenty-five dollars for each violation thereof and 
 ten dollars for each fish so caught. (As anid by chap. 
 151 of Lazvs of 1897.) 
 
67 
 
 § 167. Salmon trout and land-locked salmon; close 
 season.— Salmon trout aud land-locked salmon shall 
 not be fished for, caught, killed or possessed except 
 from the first day of April to the thirtieth day of Sep- 
 tember, both inclusive; provided, however, that it 
 shall be lawful to possess and sell at any time salmon 
 trout if said fish have not been taken from the inland 
 waters of this state during the close season, but pos- 
 session of such fish during such close season is for- 
 bidden and shall be deemed a violation of this sec- 
 tion, unless it be proved by the possessor that such 
 fish were not caught in such inland waters during 
 the close season. Whoever shall violate or attempt 
 to violate the provisions of this section shall be 
 deemed guilty of misdemeanor and in addition thereto 
 shall be liable to a penalty of twenty-five dollars 
 for each violation thereof and ten dollars for each fish 
 so caught. 
 
 § 168. Black bass; close season.— Black bass shall 
 not be fished for, caught, killed or possessed except 
 from the thirtieth day of May to the thirty-first day 
 of December, both inclusive. Whoever shall violate 
 or attempt to violate the provisions of this section 
 shall be deemed guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of twenty- 
 five dollars for each violation thereof and ten dollars 
 for each fish so caught. 
 
 § 169. Hares and rabbits.— Hares and rabbits shall 
 not be shot at, hunted, killed or possessed, except 
 from the first day of November to the thirty-first day 
 of December, both inclusive. The use of ferrets in 
 the hunting of rabbits is hereby prohibited. Who- 
 ever shall violate or attempt to violate the provisions 
 of this section shall be deemed guilty of misdemeanor 
 and in addition thereto shall be liable to a penalty 
 8 
 
58 
 
 of twenty-five dollars for each animal killed, trapped 
 or possessed contrary to the provisions of this section. 
 
 § 170. Beer.— Shooting at, hunting with dogs or 
 otherwise, or liilling deer is prohibited, except during 
 each Wednesday in the month of November in each 
 year. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor and in addition thereto shall be liable 
 to a penalty of one hundred dollars for each violation 
 thereof. {As am'd by chap. 144 of Laws of i8g6.) 
 
 § 171. Black and gray squirrels.— Black and gray 
 squirrels shall not be hunted, shot at, killed or pos- 
 sessed except from the first day of November to the 
 thirty-first day of December, both inclusive. Whoever 
 shall violate or attempt to violate the provisions of this 
 section shall be guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of twenty- 
 five dollars for each animal killed or possessed con- 
 trary to the provisions of this section. 
 
 § 172. Jamaica Bay and adjacent waters.— No fish 
 shall be fished for, caught or killed in any manner 
 or by any device except angling in the waters of 
 Jamaica Bay. Flatlands Bay, Grassy Bay, or in any 
 of the waters adjacent to said bays and opening into 
 the ocean through Rockaway Inlet or other inlets to 
 said bays; and nets shall not be placed in said waters 
 for any purpose. The inlets from the ocean to Ja- 
 maica Bay, Flatlands Bay or Grassy Bay shall not 
 be obstructed by any net or device at any time so 
 as to prevent the passage of fish. Angling shall be 
 lawful in said bays every day of the year. This sec- 
 tion does not prevent the catching of eels by the use 
 of spear or eel-weir; or the capture of minnows or 
 shrimp for bait by means of hand nets which shall 
 not exceed forty feet in length and four feet in depth 
 nor the taking of refuse or debris from said waters 
 
69 
 
 with nets, the meshes of which shall not be less 
 in size than six inch bar. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each violation thereof, and ten dollars 
 for each fish so caught in violation of this section. 
 {As am'd by chap. g2 of Laws of i8g8.) 
 
 § 173. Supervisors of Queens and Suffolk counties; 
 powers conferred.— The boards of supervisors of the 
 counties of Queens and Suffolk shall, in addition to 
 the powers herein conferred upon boards of super- 
 visors, have power to pass rules, regulations, laws 
 and ordinances permitting, regulating, controlling or 
 prohibiting the taking of fish and shellfish from or in 
 the salt water of either of such counties. {As am'd 
 by chap. 975 of Laws of 1896.) 
 
 § 174. Destroying or robbing nests.— The nests of 
 wild birds known as meadow hens or mudhens, the 
 robbing of which is commonly called egging, shall not 
 be robbed or needlessly or willfully destroyed at any 
 time. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor and in addition thereto shall be 
 liable to a penalty of twenty-five dollars for each 
 violation thereof. 
 
 § 175. Meadow hens and other birds; close season. 
 — Meadow hens, mud hens, gallinule or water 
 chickens and grebe shall not be shot at, hunted, killed 
 or possessed from the thirty-first day of December 
 to the fifteenth day of August, both inclusive. Who- 
 ever shall violate or attempt to violate the provisions 
 of this section shall be deemed guilty of misde- 
 meanor, and shall in addition thereto be liable to a 
 penalty of twenty-five dollars for each violation 
 thereof. {As am'd by chap. 132 of Laws of 1898.) 
 
60 
 
 ARTICLE VIII.* 
 Shell Fish. 
 
 Section 180. State oyster protector. 
 
 181. Salary and traveling expenses. 
 
 182. Assistant to protector. 
 
 183. Salaries, how paid. 
 
 184. Polluting waters. 
 
 185. Garbage, et cetera, not to be thrown into 
 
 Long Island sound. 
 
 187. Taking oysters from Hudson river for 
 
 replanting. 
 
 188. Close season in Harlem river. 
 
 189. Oyster beds protected. 
 
 190. Nonresidents not to gather shellfish. 
 
 191. Dredging and raking for oysters and 
 
 clams regulated. 
 
 192. Sale of lobsters under certain size pro- 
 
 hibited. 
 
 193. Oysters, how sold, in shell. 
 
 194. Taking clams and oysters about Staten 
 
 Island regulated. 
 
 195. Taking oysters in South bay regulated. 
 
 197. Leases for cultivation of shellfish. 
 
 198. Limitation of preceding section. 
 
 190. Franchises for cultivation of shellfish 
 in Long Island sound, in Suffolk 
 county. 
 
 § 180. State oyster protector.— The commissioners 
 are authorized • to appoint a state oyster protector, 
 whose duty It shall be to patrol, under the direction 
 of the commissioners, the oyster regions of the state 
 for the purpose of enforcing the provisions of this act 
 and guarding the shellfish property thereof, who shall 
 have the same powers and duties with reference to 
 
 *As amended by chap. 974 of the Laws of 1895. 
 
61 
 
 shellfish as given by law to game and fish protectors 
 and foresters for the protection of fish, game and 
 forests. 
 
 § 181. Salary and traveling expenses. — The salary 
 of such protector shall be one thousand dollars per 
 annum, and he shall be allowed in addition to his 
 actual traveling and incidental expenses not exceed- 
 ing seven hundred and fifty dollars per year. 
 
 § 182. Assistant to protector.— The commissioners, 
 in their discretion, shall allow such protector an 
 assistant, who shall be paid at the rate of two dollars 
 and fifty cents per day for the time of actual ser- 
 vice, together with his actual traveling and incidental 
 expenses not exceeding five hundred dollars per year. 
 
 § 183. Salaries, how paid.— The protector and his 
 assistant shall be paid their salaries and expenses in 
 the same manner as game, fish and forest protectors 
 are paid. 
 
 § 184. Polluting- waters.— Sludge, acid and other 
 refuse from any oil works, or sugarhouses, or from 
 buildings connected with either of the same, or any 
 substance injurious to oyster culture shall not be 
 placed or allowed to run into any waters within the 
 jurisdiction of the state. This section shall not apply 
 to refuse arising from the manufacture of oil from 
 menhaden or other oil-bearing fish. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be guilty of misdemeanor and in addi- 
 tion thereto shall be liable to a penalty of one hun- 
 dred dollars for each violation thereof. 
 
 § 185. Garbage, et cetera, not to be thrown into 
 Long Island sound.— No garbage, cinders, ashes or 
 refuse of any kind shall be thrown from any vessel 
 into the waters of Long Island sound or into the bays 
 and harbors opening into the same, west of a line 
 
«2 
 
 drawn from Old Field Point due north to the bound- 
 ary line between New York and Connecticut and 
 within two miles of the shore, and no starfish sliali 
 be thrown into any waters of the state. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be guilty of misdemeanor and in 
 addition thereto shall be liable to a penalty of one 
 hundred dollars for each violation thereof. 
 
 § 187. Taking oysters from Hudson river for re- 
 planting.— Oysters shall not be taken from the Hud- 
 son river north of the county of New York at any 
 time for the purpose of conveying them to another 
 State to have them replanted. Whoever shall violate 
 or attempt to violate the provisions of this section 
 shall be guilty of misdemeanor and in addition 
 thereto shall be liable to a penalty of twenty-five 
 dollars for each violation thereof. 
 
 § 188. Close season in Harlem, river. — Oysters shall 
 not be taken from the Harlem river between the 
 thirty-first day of May and the first day of Septem- 
 ber. Whoever shall violate or attempt to violate the 
 provisions of this section shall be guilty of misde- 
 meanor and' in addition thereto shall be liable to a 
 penalty of twenty-five dollars for each violation 
 thereof. 
 
 § 189. Oyster beds protected.— Subd. 1. No person 
 shall fish for, take or catch any oysters or 
 hard clams between half an hour after sunset and 
 half an hour before sunrise, except in the waters of 
 Kill von Kull and the Arthur Kill. No person shall 
 in any wise interfere with, take, disturb or carry 
 away the oysters of another lawfully planted or 
 cultivated in any of the waters of the state, or 
 remove any stakes or buoys or any boundary marks 
 of any planted or cultivated beds. The presence of 
 any person on said beds with dredges or tongs over- 
 
63 
 
 board shall be considered prima facie evidence of 
 guilt. Whoever shall violate or attempt to violate 
 the provisions of this subdivision shall be guilty of 
 a misdemeanor and in addition thereto shall be liable 
 to a penalty of one hundred dollars for each violation 
 thereof. 
 
 2. All sheriffs, deputy sheriffs and constables, 
 shall, and any other person may, seize any boat or 
 vessel used by any person or persons in violation of 
 subdivision one of this section, together with the 
 tackle, apparel and furniture of said boat or vessel 
 whereA'Cr found, within one year after such violation, 
 and shall forthwith give notice thereof to any jus- 
 tice of the peace of the county where the seizure was 
 made. 
 
 3. The justice of the peace, to whom such notice is 
 given as provided in subdivision two of this section, 
 shall forthwith fix a time and place for trial, and 
 give at least six days' previous notice of the same to 
 the person or persons in possession of said boat or 
 vessel at the time of such seizure, and also to the 
 owner thereof, if said persons entitled to such notice 
 are l^nown and are residents of the county within 
 which the seizure is made. If any of the persons 
 entitled to such notice are unknown or are nonresi- 
 dents of the county where the seizure is made, then 
 the said justice of the peace shall order that a notice 
 directed to such person or persons, if known, or if 
 unknown, then generally to whom it may concern, 
 be published once a week, for two successive weeks, 
 in a newspaper published in the said county, which 
 notice shall contain, as near as may be a description 
 of the boat, vessel or property seized, a concise 
 statement of the grounds of seizure thereof and the 
 time and place fixed by the said justice of the peace 
 for trial, which time shall not be less than six days 
 from the day of the last publication of such notice. 
 
 4. At the time and place fixed by the said justice 
 
64 
 
 of the peace for trial, or at such time and place to 
 which the said justice of the peace may adjourn the 
 same, he shall determine by the evidence taken by 
 him whether such boat, vessel or property was used 
 in interfering with, talking, disturbing or carrying 
 away oysters or other shellfish in violation of any 
 provisions of this section, and if said justice of the 
 peace shall determine that said boat, vessel or prop- 
 erty was so used, he shall order the same to be sold 
 together with the furniture, tackle and apparel, and 
 shall direct the manner of the sale thereof. The 
 avails from such sale, after deducting all the charges 
 and expenses of such seizure, trial and sale, which 
 said justice of the peace may allow, shall be paid to 
 the commissioners of fisheries, game and forest. 
 
 5. Any person who shall prevent or obstruct any 
 other person from entering and seizing any boat or 
 vessel liable to seizure under the provisions of this 
 section, shall be guilty of a misdemeanor and shall be 
 punished by a fine not exceeding one hundred dollars, 
 or by imprisonment for not more than one year, or 
 both. {As amd by chap. 383 of Laws of i8g6.) 
 
 § 190. Nonresidents not to gather shellfish.— Only 
 persons who have been actual residents of this state 
 for six months shall be entitled to gather shellfish 
 from the waters of this state, except when such non- 
 resident is employed for that purpose by a person 
 autliorized to gather the same. Whoever shall vio- 
 late or attempt to violate the provisions of this sec- 
 tion shall be guilty of a misdemeanor and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. 
 
 § 191. Dredging and raking for oysters and 
 clams regulated.— No dredge operated by steam 
 power, or weighing over fifty pounds, shall be used 
 on beds of natural growth in dredging for shellfish. 
 No rake, tongs, dredge or other device shall be used 
 
65 
 
 for taking bard or round clams with spaces or open- 
 ings, between the teeth or prongs -of less than one 
 inch in width. Whoever shall violate or attempt to 
 violate the provisions of this section shall be guilty 
 of misdemeanor and in addition thereto shall be lia- 
 ble to a penalty of one hundred dollars for each 
 violation thereof. (As am'd by chap. 706 of Laws of 
 1897.) 
 
 § 192. Sale of lobsters under certain size pro- 
 hibited.— Lobsters less than nine inches in length, 
 measured from one extremity to the other, exclusive 
 of claws or feelers, shall not be caught, sold or pos- 
 sessed. Whoever shall violate or attempt to violate 
 the provisions of this section shall be guilty of mis- 
 demeanor and In addition thereto shall be liable to 
 a penalty of twenty-five dollars for each violation 
 thereof. 
 
 § 193. Oysters, how sold, in shell.— Oysters in the 
 shell may be sold either by count or measure; if not 
 sold by count they shall be sold in a stave measure, 
 which shall be uniform in shape and of the follow- 
 ing dimensions: The bottom to be sixteen and one- 
 half inches across from inside to inside, and the 
 top to be eighteen Inches diagonally from inside 
 chime to top; such measure shall be even or struck 
 measure, to be inspected and sealed by the sealer 
 of weights and measures in the county where used. 
 This provision shall not affect the shipment of oysters 
 in barrels to foreign countries. Oyster measures 
 sealed by the county sealer may be used in any 
 county of the State. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall 
 be guilty of misdemeanor and in addition thereto 
 shall be liable to a penalty of twenty-five dollars 
 for each violation thereof. 
 
 § 194. Taking clams and oysters about Staten 
 Island regulated.— Oysters or clams, whether of 
 9 
 
66 
 
 natural growth or planted, shall not be dug up, 
 caught or removed between half arU hour after sun- 
 set and half an hour before sunrise, from the waters 
 on the south side of Staten Island, lying between a 
 line extending due south from the point known as 
 the point of the beach at Great Kills, and a line 
 extending due southwest from Wards Point, in the 
 town of Westfield. Whoever shall violate or attempt 
 to violate the provisions of this section shall be guilty 
 •of misdemeanor and in addition thereto shall be lia- 
 ble to a penalty of one hundred dollars for each viola- 
 tion thereof. 
 
 § 195. Taking oysters in South bay regulated.— 
 •Oysters, spawn, seed oysters or shells shall not be 
 dug up, caught or removed from any of the waters 
 of South bay, in the county of Suffolk, between the 
 thirty-first day of May and the first day of Septem- 
 ber, nor between sunset and sunrise at any time. 
 Any oyster shells caught or taken from the public 
 waters of said bay, in said county, shall be returned 
 to the w^ater in the locality where taken within ten 
 minutes after being so taken. No blade or scraper 
 tongs shall be used or possessed on the waters of 
 said bay, in said county, for the purpose of catch- 
 ing such shellfish, and possession of a blade or 
 scraper tongs on said waters is a violation of this 
 provision. This section is subject to the provisions 
 of section one hundred and seventy-three. Whoever 
 shall violate or attempt to violate the provisions of 
 this section shall be guilty of a misdemeanor and in 
 addition thereto shall be liable to a penalty of one 
 hundred dollars for each violation thereof. 
 
 § 197. Leases for cultivation of sheimsh.— The 
 commissioners may make leases of lands under 
 water for the purposes of shellfish cultivation; beds 
 of oysters of natural growth shall not be leased un- 
 less the same have for five years ceased to produce 
 
67 
 
 natural oysters iu sufficient quantities to enable per- 
 sons engaged in the planting and cultivation of 
 oysters to earn a livelihood by working on such lands. 
 Such leases shall not be made unless notice thereof 
 has been posted for not less than three weeks in a 
 conspicuous place in the office of the conmiissioners, 
 and in the office of the clerk of the town nearest to 
 the lands applied for and also in the post-office near- 
 est such lands. The letting shall be at public auction 
 to the highest bidder and shall not be made for a 
 less sum than twenty-five cents per acre per annum, 
 nor for a longer period than fifteen years. The 
 moneys received for such leases shall be paid torth- 
 with into the treasuiy of the state. The lessee shall 
 immediately cause the grounds so leased to him to 
 be plainly marked out by stakes, buoys, or monu- 
 ments, which shall be maintained by the lessee, his 
 successor or assigns during the continuance of the 
 lease. Any controversy respecting the boundaries of 
 lands so leased shall be determined by the commis- 
 sioners on application to any party thereto. The 
 commissioners may remove summarily from such 
 lands any tenants who neglect to pay rent. (As 
 amd by chap. 653 of Laws of 1896.) 
 
 § 198. Limitation of preceding section.— The pre- 
 ceding section does not limit the power of the com- 
 missioners of the land office that any grant of land 
 under water made by such commissioners, where 
 such land is actually occupied and in use for the 
 cultivation of shellfish, shall be subject to the right of 
 the occupant to occupy and use such grounds for a 
 period not exceeding the unexpired term of his lease, 
 nor longer than two years; nor does such section ap- 
 ply to or affect lauds under water owned, controlled 
 or claimed under colonial patents or legislative grants 
 by any town or person in the counties of Suffolk, 
 Queens, Kings or Richmond; lands under the waters 
 
68 
 
 of Gardiner's and Peconic bays ceded by the state to 
 the county of Suffolk pursuant to chapter three hun- 
 dred and eighty-five of the laws of eighteen hundred 
 and eighty-four or lands under water in Westchester 
 county. Nothing in this act contained shall be con- 
 strued as invalidating any leases or franchises of 
 land under water, issued or granted by the commis- 
 sioners of fisheries of this state subsequent to the 
 first day of January, eighteen hundred and ninety- 
 three; and all such leases and franchises made sub- 
 sequent to the first day of January, eighteen hun- 
 dred and ninety-three are hereby declared to be 
 valid, and the lessees holding under and by virtue 
 thereof are hereby confirmed in their leases and 
 franchises; nor shall this act apply to any lands 
 under water, which, at the time of the passage of 
 this act, are advertised to be leased at public auc- 
 tion, for the purpose of shellfish cultivation, by said 
 commissioners. {As am'd by chap. 453 of Laws of 1898.) 
 
 § 199. Franchises for cultivation of shell fish in 
 Long Island sound, in Suffolk county.— The commis- 
 sioners of fisheries, game and forest may grant per- 
 petual franchises for the purpose of shell fish culti- 
 vation, of the lands of the state under the waters of 
 Long Island sound within the limits of Suffolk county. 
 Except as hereinafter provided the said franchises 
 must be advertised and sold as is prescribed for the 
 sale of leases in section one hundred and ninety- 
 seven of this act, and no grant shall be made for 
 less than one dollar per acre payable in advance into 
 the treasury of the state. No grant shall be made 
 to any person or persons " who have not resided at 
 least one year in this state," prior to the date of the 
 sale and no franchise shall be sold, leased, licensed 
 or conveyed by the owner at any time, to any per- 
 son or persons who have not resided at least one 
 year in this state next prior to the conveyance. The 
 
69 
 
 grantee shall Immediately after the acceptance of 
 -the franchise cause the grounds granted to him to 
 be plainly markd out by buoys, stakes and monu- 
 ments and shall properly maintain the same at all 
 times. The right to use and occupy the lands so 
 granted shall be and remain in the grantee and his 
 legal representatives and successors forever and shall 
 be considered as personal property; provided only 
 that the said grantee, his legal representatives or 
 successors shall actually use, occupy, and cultivate 
 the same within one year from the date of sale, for 
 the purposes of shell fish propagation. Lands actu- 
 ally occupied prior to and at the time of the signing 
 of the act creating this section of the law, may be 
 granted to the occupant at one dollar per acre with- 
 out advertisement and sale at public auction, at any 
 time within one year from the creation of this sec- 
 tion. (Added by chap. 458 of Laws of 1898.) 
 
 ARTICLE IX.* 
 Private grounds and parks. 
 
 Section 210. Trespassing on private grounds for- 
 bidden. 
 
 211. Notices to be posted on private grounds. 
 
 212. Laying out grounds in private parks. 
 
 213. Notice to be posted in private parks. 
 
 214. Notice when territory is fenced. 
 
 215. Fish or game so protected not to be in- 
 
 terfered with. 
 
 216. Signs not to be defaced. 
 
 § 210. Trespassing on private grounds forbidden.— 
 
 No person shall trespass upon inclosed or cultivated 
 
 lands for the purpose of shooting or hunting any 
 
 game, or taking any fish from private ponds or 
 
 ♦As amended by chap. 974 of the Laws of 1895. 
 
70 
 
 streams, after public notice has been given by the 
 owner or person entitled to the exclusive right to 
 shoot or fish thereon, as provided in this article. 
 Whoever shall violate the provisions of this section 
 shall be deemed guilty of misdemeanor and shall In 
 addition thereto be subject to exemplary damages 
 in an amount not more than twenty-five dollars in 
 addition to the actual damages sustained by the 
 owner or lessee. 
 
 § 211. Notices to be posted on private grounds.— 
 The notice provided for in the last section shall be 
 given by maintaining signboards at least one foot 
 square upon at least every fifty acres of the premises 
 sought to be protected upon or near the lot lines 
 thereof, or upon or near the shores of any waters 
 thereon, in at least two conspicuous places, or by per- 
 sonal service of a notice containing a brief descrip- 
 tion of the premises and name of the owner or by the 
 person having the exclusive right to shoot, hunt or 
 fish thereon, and prohibiting the same. 
 
 § 212. Laying out grounds for private parks.— A 
 person owning or having the exclusive right to shoot, 
 hunt or fish on lands, or lands and water, desiring 
 to devote such lands or lands and water, to the 
 propagation or protection of fish, birds or game shall 
 publish in a newspaper printed in the county within 
 which such land or lands and water are situate a no- 
 tice, once a week, for a term not less than four weeks 
 in the county, where the lands so described are situ- 
 ated, substantially describing the same and contain- 
 ing a clause declaring that such land or lands and 
 water will be used as a private park for the purpose 
 of propagating and protecting fish, birds and game. 
 Provided, however, that all waters heretofore stocked 
 by the state, or which may hereafter be stocked by 
 the state from any of the hatcheries, hatching sta- 
 tions, or by fish furnished at the expense of the state, 
 
shall be and remain open to the public to fish therein 
 the same as though the private parli law had never 
 existed. But nothing herein contained shall be con- 
 strued as affecting any rights now existing of persons 
 owning lands or holding leases of private grounds, 
 waters or parks prior to the passage of this act. 
 (As am'd by chap. 319 of Laws of i8g6.) 
 
 § 213. Notice to be posted in private park.— There 
 shall be posted and maintained upon such private 
 territory, notices or signboards, not less than one 
 foot square, warning all persons against trespass- 
 ing thereon. Such notice or signboards shall be 
 placed not more than forty rods apart, along the 
 entire boundary of such private territory, when the 
 same shall consist entirely of land, or when it shall 
 consist of both land and water they shall be placed 
 so that there shall be at least one notice or signboard 
 for every hundred acres thereof. When the private 
 property consists of a lake, pond or stream only such 
 notices shall be placed in at least four conspicuous 
 places on or near the shore of such lake or pond, and 
 one of such notices shall be placed on every half 
 mile of such stream in a conspicuous place on the 
 bank thereof. 
 
 § 214. Notice when territory is fenced.— When 
 such territory or any part thereof is fenced, notices 
 or signboards shall be placed on or near such fences 
 not more than forty rods apart. 
 
 § 215. Fish or game when so protected not to be 
 interfered with.— Upon compliance with the fore- 
 going provisions for preventing trespassing or for 
 devoting lands to propagation of fish, bird? and game, 
 no person shall disturb or interfere in any way with 
 the fish or wild birds or wild animals w.iile on the 
 premises so protected, except with the consent of the 
 owner or person having the exclusive right to shoot, 
 
72 
 
 hunt or fish thereon. Whoever shall violate or at- 
 tempt to violate the provisions of this section shall 
 be deemed guilty of misdemeanor, and shall, in ad- 
 dition thereto, be subject to exemplary damages in 
 an amount not less than fifteen dollars, nor more 
 than twenty-five dollars, in addition to the actual 
 damages sustained by the owner or lessee. 
 
 § 216. Signs not to be defaced.— Signs placed pur- 
 suant to the foregoing provisions shall not be defaced 
 or removed under penalty of twenty-five dollars. 
 
 ARTICLE X.* 
 
 Prosecutions. 
 
 Section 230. Actions, how entitled. 
 
 231. Authority to bring actions. 
 
 232. Actions, where brought. 
 
 233. Discontinuance. 
 
 234. Two or more penalties in one action. 
 
 235. Witness fees and disbursements in ac- 
 
 tions by people. 
 
 236. Actions by persons or societies. 
 
 237. Judgments recovered under this act, 
 
 how collected. 
 
 239. Recovery, how disposed of in actions 
 
 by individuals. 
 
 240. One-half of recoveiy to go to protector. 
 
 241. Expenses of actions by people, how paid. 
 
 242. Report of commissioners to legislature. 
 
 243. Arrest of offenders by protectors and 
 
 trial thereof. 
 
 244. Jurisdiction of courts. 
 
 245. Punishment for misdemeanor. 
 
 246. Issue of warrants of arrest. 
 
 247. Search warrant, when issued. 
 
 248. Witnesses. 
 
 ♦As amended by chap. 974 of the Laws of 1895. 
 
IS 
 
 § 230. Actions, how entitled.— All penalties im- 
 posed by this act may be sued for and recovered in 
 the name of " The People of the State of New York." 
 
 § 231. Authority to bring action.— Actions for pen- 
 alties, and as provided in section two hundred and 
 thirty, shall be brought in the name of the people on 
 order of the chief fish and game protector and for- 
 ester, or by direction of either of the commissioners 
 who are hereby authorized in their discretion, to em- 
 ploy special counsel to commence and maintain such 
 actions, and the compensation of such special counsel 
 may be fixed and allowed by the commissioners. 
 (As anid by chap. 233 of Laws of i8g6.) 
 
 § 232. Actions, where brought.— Actions for pen- 
 alties imposed by this act may be brought in any 
 town in the county where the penalty shall be in- 
 curred, or in the county where defendant resides, 
 subject only to the right to remove the same to any 
 other county adjoining that in which the penalty 
 shall be incurred, or in which the action shall have 
 been brought as aforesaid, for cause shown, as pro- 
 vided by the code of civil procedure. 
 
 § 233. Discontinuance.— Actions for penalties in the 
 name of the people may be discontinued by order of 
 the court upon the application of the chief fish and 
 game protector and forester at any time before trial 
 upon such terms as the court may direct. 
 
 § 234. Two or more penalties in one action.— Two 
 or more penalties may be sued for and recovered in 
 the same action, whether brought by the people or in 
 the name of an individual or society. 
 
 § 235. Witness fees and disbursements in actions 
 by people.— Witness and other fees and disburse- 
 ments and full costs shall be recovered in any judg- 
 ment in favor of the people under this act at the rate 
 10 
 
74 
 
 fixed by section thirty-two liundred and fifty-one of 
 the code of civil procedure, without reference to the 
 amount of recovery. 
 
 § 236. Actions by persons or societies.— Any indi- 
 vidual upon giving security for costs, unless he sliall 
 be the owner or lessee of the premises upon which it 
 shall be claimed the penalty was incurred, and any 
 society or corporation or agent of any society or asso- 
 ciation for the protection of fish or game may recover 
 in his or its name all penalties provided for by this 
 act, with costs, but on recovery by the plaintiff in 
 such case of a less sum than fifty dollars, plaintiff 
 shall only be entitled to costs to the amount of such 
 recovery. Such person shall be entitled to one-half of 
 the penalty recovered, the other half to be paid to 
 the board of commissioners, but any such action 
 shall be discontinued without costs or disburse- 
 ments to either party, in case an action shall be 
 thereafter brought for the same violation in the 
 name of the people and an order to that effect may be 
 entered on motion of the chief fish and game pro- 
 tector and forester or one of the commissioners, on 
 notice to all the parties thereto. Such motion shall be 
 entitled and made in both actions. Any person or 
 society bringing an action under this section shall 
 notify the chief fish and game protector and forester 
 thereof, within fifteen days after service of the sum- 
 mons therein, and failure so to do shall be a defense 
 to the action. 
 
 § 237. Judgments recovered under this act, how 
 collected.— All judgments recovered under the pro- 
 visions of this act may be enforced by execution 
 against the person; any person in prison upon such 
 execution shall be so imprisoned for a period of not 
 less than one day, and at the rate of one day for 
 every dollar of such judgment w^hen the same ex- 
 ceeds one dollar; no one shall be more than once im- 
 
75 
 
 prisoned, nor for a longer period than six months 
 upon any judgment; such imprisonment shall not be 
 a satisfaction of such judgment. 
 
 § 238. Recovery, how disposed of in actions by 
 the people.— The amount of fines imposed or penal- 
 ties recovered and collected in all actions, settle- 
 ments, compromises or proceedings hereafter or here- 
 tofore brought under the direction of a commissioner 
 or upon the order of the chief fish and game protector 
 and forester in the name of the people shall be dis- 
 bursed by said board as hereinafter provided. Any 
 officer or person failing to pay over any such money 
 recovered by him shall be guilty of a misdemeanor, 
 and shall be removed from office, and a civil action 
 may be brought against any such officer or person for 
 the recovery of any such money received by him in 
 the name of the people under the direction of either 
 of the commissioners. 
 
 § 239. Recovery, how disposed of in actions by 
 individuals.— One-half of the recovery in all actions 
 heretofore brought or hereafter to be brought by an 
 individual or society in his or its name shall be paid 
 to the board of commissioners to be by it disposed of 
 in the same manner as other moneys received by it, 
 and it shall be the duty of the person in whose hands 
 such moneys shall come to pay over the same, and 
 in case of failure so to do such moneys may be re- 
 covered from the person receiving the same in action 
 brought in the name of the people under the direction 
 of the chief fish and game protector and forester or 
 the commissioners. 
 
 § 240. One-half of recovery to go to protector. — 
 The commissioner shall dispose of the fines and pen- 
 alties received by them as follows: They shall deduct 
 all the expenses incurred in the inquisition or col- 
 lection of such fines or penalties and shall pay one- 
 
76 
 
 half of the remainder to the protector and forester or 
 special protector and forester upon whose informa- 
 tion the action was brought. Such payment shall be 
 made on the certificate of the chief fish and game pro- 
 tector or forester that such protector and forester is 
 entitled thereto, and the certificate of the chief pro- 
 tector and forester shall be final. 
 
 § 241. Expenses of actions by people, how paid.— 
 The remaining money received by the board of com- 
 missioners shall be applied to the payment of the ex- 
 penses of actions for violation of this act on the cer- 
 tificate of the chief protector and forester. 
 
 § 242. Report of commissioners to legislature. — 
 The board of commissioners shall include in their 
 annual report to the legislature a detailed report of 
 their receipts and disbursements under this article. 
 
 § 243. Arrest of offenders by fish and game pro- 
 tectors and foresters and trial thereof. — Any pro- 
 tector or peace officer may, without warrant, arrest 
 any person committing a misdemeanor under the pro- 
 visions of this act, in his presence, and talie such 
 person immediately before a justice of the peace 
 or other magistrate, having jurisdiction, who shall, 
 after giving defendant reasonable time to prepare 
 for trial, proceed without delay, to hear, try and de- 
 termine the matter, and give and enforce judgment 
 according to the allegations and proofs. 
 
 § 244. Jurisdiction of courts.— Courts of special 
 sessions and police courts in towns and villages and 
 the several courts in cities having jurisdiction to try 
 misdemeanors as provided by section fifty-six of the 
 code of criminal procedure shall have in the first 
 instance exclusive jurisdiction to try offenders in all 
 cases occurring under the fisheries, game and forest 
 law, being chapter thirty-one of the general laws, 
 
77 
 
 in the same manner as in other cases where they 
 now have jurisdiction and to render and enforce 
 judgment to the extent herein provided, and said 
 courts shall have jurisdiction of all said offenses 
 committed within the county where said courts are 
 held, in the same manner as though the defendant 
 had been tal^en before a magistrate of a town where 
 the offense was committed. (As am'd by chap. 447 
 of Laws of i8g8.) 
 
 § 245. Punishment for misdemeanor.— Any person 
 convicted of a misdemeanor under the provisions of 
 this act shall be punished except as otherwise pro- 
 vided by this act by a fine of not less than ten dol- 
 lars, nor more than at the rate of one dollar for 
 every dollar of the penalty provided by the section 
 so violated under which he is convicted, or be im- 
 prisoned in the county jail or penitentiary for a 
 period of not less than one day, nor more than at 
 the rate of one day for every dollar of such fine, or 
 by both such fine and imprisonment. 
 
 § 246. Issue of warrants of arrest.— Any justice of 
 the peace, police justice, county judge, judge of any 
 city court, or magistrate having criminal jurisdiction, 
 on suflicient proof by affidavit that any of the pro- 
 visions of this chapter have been violated by any 
 person temporarily within his jurisdiction, but not 
 residing there permanently, or by any person whose 
 name and residence are unknown, shall issue his 
 warrant for the arrest of such offender and cause him 
 to be committed or held to bail to answer the charge 
 against him. 
 
 § 247. Search warrant; when issued.— Any justice 
 of the peace, police justice, county judge, judge of 
 any city court, or magistrate having criminal juris- 
 diction, upon receiving proof of probable cause for 
 believing in the concealment of any game or fish 
 
78 
 
 taken or possessed contrary to the provisions of this 
 act, shall Issue his search warrant and cause a 
 search to be made In any place, and to that end may 
 cause any building or inclosure to be entered and 
 may cause any apartment, chest, box, locker, crate, 
 basket or package to be broken open and the contents 
 examined. 
 
 § 248. Witnesses.— No person shall be excused 
 from giving evidence in any civil or criminal action, 
 prosecution or proceeding, under or authorized by 
 this act on the ground that the evidence might tend 
 to convict such witness of a crime, or misdemeanor, 
 or to establish the liability of such witness under any 
 of the provisions thereof; but such evidence shall 
 not be received against such witness in any civil or 
 criminal action, prosecution or proceeding. 
 
 ARTICLE XI.* 
 
 Fishways. 
 
 Section 2G0. Commissioners to be notified of con- 
 struction of dam. 
 
 261. Authority of commissioners to direct 
 
 fishways. 
 
 262. Owner to comply with direction of com- 
 
 missioners. 
 
 263. Commissioners to recover for construc- 
 
 tion and penalty. 
 
 § 260. Commissioners to be notified of construc- 
 tion of dam.— No dam shall be constructed by the 
 state or any person upon any stream more than six 
 miles in length inhabited by fish protected by this 
 act, until the person about to construct, or the ofl3- 
 cers having charge of the construction of the same 
 shall give written notice to the commissioners of such 
 ♦As amended by chap. 974 of the Laws of 1895. 
 
79 
 
 intention, together with a statement of the name, 
 length and location of said stream, and the size and 
 general description of such dam, and the purposes for 
 which it is to be erected, together with a diagram 
 thereof. 
 
 § 201. Authority of com.missioners to direct fish- 
 ways.— The commissioners are authorized in such 
 cases to direct the construction of suitable fishways 
 by an entry on their minutes and service of a copy 
 of such order on the person constructing or officers 
 having charge of the construction of such dam, and 
 the person so constructing shall at his own expense, 
 or the officers having charge of the construction shall, 
 out of the funds appropriated for the construction of 
 such dam comply Avith such directions, subject, on 
 application on notice as on a motion, to the right of 
 the supreme court to affirm, reverse, modify or alter 
 such directions. 
 
 § 2G2. Owners to comply with directions of com- 
 missioners.— Such fishways shall be properly main- 
 tained by the owner or persons in possession of such 
 dam, and shall be subject to examination and inspec- 
 tion on behalf of the commissioners, who may direct 
 such repairs and alterations as they may deem neces- 
 sary, subject to the order of the supreme court, as 
 in case of construction. 
 
 § 2(53. Commissioners to recover for construction 
 and penalty.— In case of failure, refusal or neglect 
 on the part of any person to comply with the direc- 
 tions of the commissioners as to building and re- 
 pairing fishways, the commissioners may cause such 
 fishways to be constructed or repaired, and the ex- 
 pense thereof may be recovered by the commis- 
 sioners in an action against the owner or person in 
 possession, or both, in the name of the people, and 
 shall, in addition to the personal liability of such 
 
80 
 
 owner or person in possession be a lien upon the 
 premises upon wliich sucli dam is situated. Tlie per- 
 son refusing or neglecting to comply witli such di- 
 rections of the commissioners as to construction or 
 repairs shall also be liable to a penalty of ten dollars 
 for each day during which they neglect to obey 
 such directions, which penalty may be recovered in 
 like manner in the same or a separate action. 
 
 § 264. No person or persons, association, corpora- 
 tion or company shall build, place or maintain any 
 rack, screen, weir or other obstruction across any 
 of the creeks, streams, or rivers of the state inhab- 
 ited by fish protected by law that will prevent the 
 passage of fish from one point to another point in 
 said waters except as provided in section one hun- 
 dred and forty-three of the fisheries, game and for- 
 est law. Whoever shall violate or attempt to vio- 
 late the provisions of this section by placing, main- 
 taining or causing to be placed or maintained any 
 rack, screen, weir or other obstruction to prevent 
 the passage of fish as aforesaid shall be deemed 
 guilty of misdemeanor and in addition thereto shall 
 be liable to a penalty of fifty dollars for each rack, 
 screen, weir or other obstruction built or maintained 
 in violation of this section. {Added by chap. 408 of 
 Laws of 1898.) 
 
 ARTICLE XII.* 
 
 Forest Preserve. 
 
 Section 270. Forest preserve. 
 
 271. Powers and duties. 
 
 272. Accounts and annual report of board of 
 
 fisheries, game and forest relative to 
 the forest preserve. 
 
 273. Partition of lands. 
 
 ♦Added by chap. 395 of the Laws of 1895. 
 
81 
 
 Section 274. Taxation of forest preserve. 
 
 275. Duties of railroad companies. 
 
 276. Powers and duties of certain officers in 
 
 case of fire. 
 
 277. Supervisors to be town protectors of 
 
 lands. 
 
 278. Supervisors ex-officio, fire wardens. 
 
 279. Supervisors to report fires. 
 
 280. Actions for trespass upon forest pre- 
 
 serve. 
 
 281. Penalty for setting fire to forest lands. 
 
 282. Arrest of offenders witliout warrant. 
 
 283. Deer parks in the Catskill region. 
 
 § 270, Forest preserve.— The forest preserve shall 
 include the lands owned or hereafter acquired by 
 the state within the counties of Clinton, except the 
 towns of Altona and Dannemora, Delaware, Essex, 
 Franklin, Fulton, Hamilton, Herkimer, Lewis, 
 Oneida, Saratoga, Saint Lawrence, Warren, Wash- 
 ington, Greene, Ulster and Sullivan, except 
 
 1. Lands within the limits of any village or city, 
 and 
 
 2. Lands, not wild lands, acquired by the state on 
 foreclosure of mortgage made to the commissioners 
 for loaning certain moneys of the United States, 
 usually called the United States deposit fund. 
 
 § 271. Powers and duties.— The board of fisheries, 
 game and forest, shall: 
 
 1. Have the care, custody, control and superin- 
 tendence of the forest preserve. 
 
 2. Maintain and protect the forests in the forest 
 preserve, and promote as far as practicable the 
 further growth of the forest therein. 
 
 3. Have charge of the public interests of the state 
 with regard to forestry and tree planting, and 
 especially with reference to forest fires in every part 
 of the state. 
 
 11 
 
82 
 
 4. Possess all the powers relating to forest pre- 
 serve which were vested in the commissioners of the 
 land office, and in the comptroller on May fifteen, 
 eighteen hundred and eighty-five. 
 
 5. Prescribe rules and regulations affecting the 
 whole or any part of the forest preserve and for its 
 use, care and administration and alter or amend the 
 same; but neither such rules or regulations nor any- 
 thing contained in this article shall prevent or operate 
 to prevent the free use of any road, stream or water 
 as the same may have been heretofore used, or as 
 may be reasonably required in the prosecution of any 
 lawful business. 
 
 6. Take suck measures as in the judgment of the 
 commissioners may be proper, and the state super- 
 intendent of public instruction and the regents of the 
 university may approve, for awakening an interest 
 in behalf of forestry in the common schools, acad- 
 emies and colleges of the state and of imparting 
 elementary instruction on such subject therein; and 
 prepare and distribute the tracts and circulars of in- 
 formation, giving plain and concise instruction for 
 the care of private w^oodlands and for the growth 
 of new forests upon lands that have been denuded, 
 exhausted by cultivation, eroded by torrents, or 
 injured by fire, or that are sandy, marshy, broken, 
 sterile, or waste and unfit for other use. These 
 publications shall be furnished without cost to any 
 citizen of the state on application, and proper 
 measures may be taken for bringing them to the 
 notice of persons who would be benefited thereby. 
 
 7. Cause rules for the prevention and suppression 
 of forest fires to be printed for posting in school- 
 houses, inns, saw-mills and other wood-working 
 establishments, lumber camps and other places in 
 such portions of the state as they may deem neces- 
 sary. Forest inspectors, foresters, firewardens, 
 supervisors and school trustees shall cause these rules 
 
83 
 
 when received by them, to be properly posted and 
 replaced when lost or destroyed. Any person mali- 
 ciously or wantonly defacing or destroying any such 
 notice shall forfeit to the people of the state, the sum 
 of five dollars for every such offense. 
 
 § 272. Accounts and annual report of the board of 
 fisheries, game and forests, relative to the forest 
 preserve.— All income from state forest lands, includ- 
 ing receipts for trespasses, shall be paid over by the 
 board of fisheries, game and forest to the state treas- 
 urer, by whom it shall be placed to the credit of the 
 special fund established for the purchase of lands 
 within the Adirondack park, and a strict account 
 shall be kept of all receipts and expenses of the com- 
 mission, which account shall be audited by the comp- 
 troller. The commission shall, annually, in the month 
 of January, make a written report to the legislature 
 of their receipts and expenses, and of all their pro- 
 ceedings, with such recommendations of further 
 legislative or official action as they may deem proper. 
 
 § 273. Partition of lands.— Whenever the state 
 owns an undivided interest with any person in lands 
 of the forest preserve, or holds and is in possession 
 of such lands as joint tenant or tenant in common 
 with any person who has a freehold estate therein, 
 the attorney-general shall, on the request of the board 
 of fisheries, game and forest, bring an action in the 
 name of the people of the state, for the actual parti- 
 tion of such land; and on the written consent of the 
 board such person may maintain an action for the 
 actual partition of such land in the same manner as 
 if the state were not entitled to exemption from legal 
 proceedings, and service of process in such action 
 upon the attorney-general sh^ll be deemed service 
 upon the state. Such actions, the proceedings and 
 judgment therein and the proceedings under the 
 
84 
 
 judgment shall be according to the practice at the 
 time prevailing in actions of partition, and shall 
 have the same force and effect as in other actions, 
 except that no costs against the state shall be allowed 
 in such actions and no sale of such lands shall be 
 adjudged therein. The board of fisheries, game and 
 forest may without action, but with the consent of 
 the comptroller, agree with any person or persons 
 owning lands within the forest preserve jointly or as 
 tenants in common, with the state for the partition 
 of such lands, and on such agreement and consent, 
 the comptroller shall malie on behalf of the people 
 of the state, any conveyance necessary or proper in 
 such partition, and such conveyance shall be forth- 
 with recorded as now provided by law as to convey- 
 ances made by the commissioners of the land office. 
 
 § 275. Duties of railroad companies.— Every rail- 
 road company whose road passes thtough waste or 
 forest lands or lands liable to be overrun by fires 
 within the state, shall twice in each year cut and 
 remove from its right of way all grass, brush or 
 other inflammable materials, but under proper care 
 and at proper times when fire, if set, can be liept 
 under control. All locomotives which run through 
 forest lands shall be provided w^ith approved and 
 suflacient arrangements for preventing the escape of 
 fires from their furnaces or ashpans, and with netting 
 of steel or iron wire upon their smoke stacks to pre- 
 vent the escape of sparks or fire, and every engineer 
 and fireman employed upon a locomotive shall see 
 that the appliances to prevent the escape of fire are 
 in use and applied as far as it can be reasonably 
 and practically done. No railroad company shall 
 permit its employes to deposit fire coals or ashes 
 upon their track in the immediate vicinity of wood- 
 lands, or lands liable to be overrun by fires, and where 
 any engineers, conductors or trainmen discover that 
 
85 
 
 fences or other material or substances along the right 
 of way upon woodlands adjacent to the railroad are 
 burning, or in danger from fire, shall report the same 
 at their next stopping place, and the person in charge 
 of such station shall take prompt measures to ex- 
 tinguish such fires, and shall immediately notify the 
 nearest firewarden or fish and game protector and 
 forester. In seasons of drought and especially dur- 
 ing the first dry time in spring after the snows have 
 gone, and before vegetation has revived, railroad com- 
 panies shall employ a sufficient number of trackmen 
 for the prompt extinguishment of fires; and where a 
 forest fire is raging near the line of their road they 
 shall concentrate such help and adopt such measures 
 as shall most effectually arrest its progress. If any 
 railroad company or any of its "employes violate any 
 provisions of this section the company shall forfeit 
 to the people of the state the sum of one hundred 
 dollars for every such violation. 
 
 § 276. Appointment of firewardens.— The board of 
 fisheries, game and forests shall appoint a firewarden 
 in each town within the counties mentioned in section 
 two hundred and seventy of this chapter who shall 
 act during the pleasure of such board. In such of 
 these towns as are particularly exposed to forest fires, 
 or in which there is a large proportion of woodlands, 
 or which may be specified by the fisheries, game and 
 forest commission, the firewarden thus appointed 
 shall divide the town into two or more districts, 
 bounded as far as may be by roads, streams of 
 water, dividing ridges of land, or lot lines, and 
 appoint, in writing, one resident citizen in each district 
 as district firewarden therein. A description of these 
 districts and the names of the district firewardens 
 thus appointed shall be recorded in the office of the 
 town clerk. The firewarden shall also cause a map 
 of the fire districts of his town to be posted in some 
 
86 
 
 public place together with the names of the district 
 firewardens appointed. The cost of such map, not ex- 
 ceeding ten dollars, shall be a town charge. {As 
 
 amd by chap. 655 of Laws of i8g6.) 
 
 § 277. Duties and powers of firewardens.— On the 
 discovery of a forest fire, or a fire in or near any 
 woods, the firewarden of the district shall repair im- 
 mediately to the place where the fire is burning, and 
 shall take such measures as shall be necessary for 
 its extinction or to prevent it from spreading. For 
 this purpose he may call on any person in his district, 
 or adjoining district or town, to go to the fire and 
 render assistance in extinguishing it or controlling 
 its progress, and any person refusing to act or assist 
 when so called on or warned out shall forfeit to the 
 people of the state the sum of ten dollars. The fire- 
 warden, where acting in general charge, may cause 
 fences to be destroyed or furrows to be ploughed to 
 check the running of fire; or, in case of great danger, 
 back-fires may be set along a road or stream or other 
 line of defense to clear off the combustible material 
 before an advancing fire. No action for trespass shall 
 be brought by any owner of lands for entry made 
 upon his premises by persons going to assist in ex- 
 tinguishing a forest fire, although such fire may not 
 be upon his land. The firewarden of every town 
 in which a forest fire of more than one acre in extent 
 has occurred within a year, shall report to the board 
 of fisheries, game and forests, the extent of area 
 burned over, to the best of his information, together 
 with the probable amount of property destroyed, 
 specifying the value of timber, as near as may be, 
 and amount of cord-wood, logs, bark, or other forest 
 products, and of fences, bridges and buildings that 
 have been burned. He shall make inquiries and re- 
 port as to the causes of such fires, if ascertainable, 
 and as to the measures employed and found most 
 
87 
 
 effectual in checking their progress. A consolidated 
 summary of these returns by counties, and of the 
 information relating to the same matter otherwise 
 gathered, shall be included in the annual report of the 
 board of fisheries, game and forests. (As am'd by 
 chap. 633 of Laws of 1896.) 
 
 § 278. Compensation of firewardens.— For their 
 services while on duty at a forest or woodland fire, 
 or in connection with the prevention of fires, the 
 firewardens shall receive a compensation of two dol- 
 lars and fifty cents per day for the time actually em- 
 ployed; and each person assisting in extinguishing a 
 forest or woodland fire, or who shall have been 
 ordered to go to the place where such fire may be 
 burning, shall receive a compensation of two dollars 
 per day for the time actually employed. The services 
 of the town firewarden, district firewarden, or per- 
 sons assisting or ordered out at a forest fire shall be 
 a town charge, and shall be audited and paid by the 
 town; but the comptroller of the state shall annually 
 pay to the towns within the counties containing the 
 forest preserve a sum equal to one-half the expenses 
 thus incurred, audited and paid. In order to secure 
 such payment from the state, all bills for the services 
 of the town firewarden, district firewardens, or per- 
 sons assisting or ordered out at a forest or woodland 
 fire, shall be made out in duplicate and approved by 
 the town firewarden, one of which bills shall be for- 
 warded to the board of fisheries, game and forests, 
 and to which bill there shall be attached a certificate 
 of the town board of auditors stating that said bill 
 has been audited and paid; and no payment of moneys 
 or rebate of any kind, for expenses incurred in the 
 extinguishment or prevention of forest fires shall be 
 made to the town by the comptroller, except on such 
 bills, which must also be approved by the board of 
 fisheries, game and forests or by such official in their 
 
88 
 
 employ as they may designate to perform such duty. 
 (As am'd by chap. 406 of Lazvs of 1898.) 
 
 § 279. Supervisors to be firewardens ex-officic— 
 
 In all towns not within the counties mentioned in sec- 
 tion two hundred and seventy of this act the super- 
 visors shall be firewardens ex-officio, and there shall 
 be applicable to them all the provisions of this act 
 with reference to town and district firew^ardens. If 
 a forest fire occurs in any town in which the fire- 
 warden or supervisor may be absent, or may fail to 
 take measures to extinguish the fire, or in which no 
 firewarden may have been appointed, any justice of 
 the peace in the town where such fire occurs may- 
 act as firewarden and summon assistants; and for 
 all such services payment shall be made the same 
 as hereinbefore provided for a firewarden and his 
 assistants. Any person who shall willfully or neg- 
 ligently set fire to, or assist another to set fire to any 
 waste or forest lands belonging to the state or to 
 another person, whereby such forests are injured or 
 endangered; or who suffers any fire upon his own 
 lands to escape or extend beyond the limits thereof 
 to the injury of the woodlands of another or of the 
 state, is guilty of a misdemeanor, punishable by 
 imprisonment not exceeding one year, or by a fine 
 not to exceed two hundred and fifty dollars, or both, 
 and be liable to the person injured for all damages 
 that may be caused by such fires. (As amd by chap. 
 655 of Lazvs of 1896.) 
 
 § 280. Actions for trespass upon forest preserve 
 and disposition of penalties.— The board of fisheries, 
 game and forest may bring, in the name of the people 
 of the state, any action to prevent trespass upon, or 
 injury to the forest preserve, and recover damages 
 therefor, or to recover lands properly forming a part 
 of the forest preserve, and occupied or held by per- 
 sons not entitled thereto, or for the maintenance and 
 protection of the forest preserve which any owner of 
 
89 
 
 lands would be entitled to bring, or for cutting or 
 carrying away or causing to be cut or assisting to 
 cut or carry away, any tree, bark or timber within the 
 forest preserve, or removing any tree, wood, ti|nber 
 or bark or any portion thereof from such forest pre- 
 serve, or from any land or lands now owned by the 
 state or which may hereafter be acquired by the 
 state. Every person violating the provisions of this 
 section, relating to the cutting or carrying away any 
 wood, timber, tree or bark, shall be deemed guilty of 
 a misdemeanor, and in addition shall forfeit to the 
 state the sum of ten dollars for every tree, cut or 
 carried away by him, or by any person in his employ 
 or under his direction. The board of fisheries, game 
 and forest may employ attorneys and counsel to 
 prosecute any such action of trespass or damage to 
 the state or of forest land or to defend any such 
 action brought against the board or any of its mem- 
 bers, or any person acting under or by authority of 
 the board of fisheries, game and forest, arising out 
 of their or his oflicial conduct with relation to the 
 forest preserve, together with all lands, now owned 
 or which may hereafter be acquired by the state. 
 The compensation of such attorneys and counsel shall 
 be fixed by the board. A preliminary or final injunc- 
 tion shall, on application in an action brought by or 
 at the instance of the board of fisheries, game and 
 forest, be granted restraining any act or trespass, 
 waste or destruction upon the forest preserve or other 
 lands owned by the state or which may hereafter be 
 acquired by the state. All such actions shall be 
 brought in the county where the trespass is alleged 
 to have been committed, the same as other actions 
 are now brought, by or under the direction of either 
 of the commissioners of fisheries, game and forest, 
 or on order of the chief fish and game protector and 
 forester, in the manner provided in section two hun- 
 dred and thirty-one of chapter nine hundred and 
 seventy-four of the laws of eighteen hundred and 
 12 
 
90 
 
 ninety-five. Witness and other fees and disburse- 
 ments and full costs shall be recovered in any judg- 
 ment in favor of the people, under this act, at the rate 
 fixed by section three thousand tvi^o hundred and 
 fifty-one of the code of civil procedure, without re- 
 gard to the amount recovered. All moneys recovered 
 under the provisions of this chapter, either upon 
 criminal or civil prosecution, shall be paid to the 
 board of commissioners, to be by it disposed of as 
 hereinafter provided, and it shall be the duty of 
 every person to whose hands such moneys shall come, 
 to forthwith pay over the same to the said commis- 
 sion, and in case of failure so to do, such money 
 may be recovered from such person in the name of 
 the people by the commission. The commission shall 
 dispose of the fines and penalties received by them 
 as follows: They shall deduct all expenses incurred 
 in the prosecution or collection of such fines and 
 penalties, and shall pay to the protector and forester, 
 or special protector or forester, upon whose informa- 
 tion the action was brought, one-half of all recoveries, 
 less the costs where the total net amount recovered, 
 upon such information does not exceed fifty dollars. 
 Such payments shall be made on the certificate of the 
 chief game protector and forester that such protector 
 and forester is entitled thereto. The remainder of 
 the moneys shall be used in the employment of sur- 
 veyors and other persons in assisting in procuring 
 evidence to establish cases of trespass, and other vio- 
 lations of this chapter, and in payment of expenses 
 of enforcing the laws for the preservation of fish 
 and game on the certificate of the chief protector and 
 forester, or for such other purposes within the scope 
 of this chapter as the board may determine, provided 
 that the board of commissioners of fisheries, ganae 
 and forest shall deposit all moneys received for viola^^ 
 tions of the fish, game and forest laws, and on ac- 
 count of trespasses of the state land, in some Bank 
 in the city of Albany, to be approved by the comp- 
 troller. The board shall render to the comptroller. 
 
91 
 
 on or before the tenth day of each month, an item- 
 ized monthly account, showing its receipts and dis- 
 bursements on account of such fines and penalties, 
 with the names of the persons from whom re- 
 covered, and to whom paid, which account shall also 
 include the balance in the bank on the last day of the 
 preceding month. (As am'd by chap. 114 of Laws of 
 1896.) 
 
 § 281. Fallow fires.— It shall be unlawful for any 
 person to light fires for the purpose of clearing land, 
 burning fallows, stumps, logs, or fallen timber, in the 
 towns hereinafter specified in this section, betw^een 
 April first and June tenth, and between September 
 first and November tenth; but from June tenth to 
 September first such fires may be started upon giv- 
 ing three days' notice to a firew^arden or district'fire- 
 warden and securing his written permission. Dur- 
 ing the period last mentioned, if the place where a 
 fire is to be lighted is near any woodlands or forest 
 which might possibly be endangered by lighting such 
 fire, it shall be the duty of the town firewarden or 
 district firewarden to be present personally when the 
 fire is liiilited, and the firewarden or district fire- 
 warden thus in attendance shall not permit the start- 
 ing of any fallow fires, or brush fires, or fires for 
 cleaning land, during a dangerous wind, nor until 
 the person desirous of starting such fires shall have 
 employed at his own expense a sufiicient number of 
 persons to watch and prevent any possible spread- 
 ing of the flames, and who shall remain on watch 
 until the fire is out and completely extinguished. The 
 services of a firewarden or district firewarden at 
 such times shall be a town charge, the same as when 
 employed in extinguishing a forest fire; and one-half 
 of the expense thus incurred by the town may be 
 refunded by the comptroller of the state as herein- 
 before provided in case of forest fires. Any person 
 violating the requirements of this section by lighting 
 fallow fires or fires for clearing land otherwise than 
 
92 
 
 as herein provided, shall be guilty of a misdemeanor, 
 and in addition thereto shall be liable to a fine of not 
 less than fifty dollars nor more than three hundred 
 dollars, one-half of which amount shall be paid to the 
 person or persons furnishing the evidence necessary 
 to conviction. The provisions of this section shall 
 apply to Hamilton county, and to the towns of 
 Minerva, Newcomb, North Hudson, Schroon, Keene, 
 Jay, Lewis, North Elba, Saint Armand, and Wil- 
 mington, of Essex county; to the towns of Waverly, 
 Harrietstown, Brandon, Santa Clara, Brighton, Bel- 
 mont, Franklin, Duane, and Altamont, of Franklin 
 county; to the towns of Hopkinton, Colton, Clifton, 
 Fine, Edwards, Pitcairn, Clare, Russell, and Parish- 
 ville, of Saint Lawrence county; to the towns of 
 Diana, Croghan. Watson, Greig, and Lyonsdale, of 
 Lewis county; to the towns of Wilmurt, Ohio, Salis- 
 bury, Remsen, and Russia, of Herkimer county; to 
 the town of Forestport in Oneida county; to the 
 towns of Stratford, Caroga, Bleecker, and Mayfield, 
 of Fulton county; to the towns of Day, Edinburgh, 
 Hadley, and Corinth, of Saratoga county; to the 
 towns of Johnsburgh, Thurman, and Stony Creek, 
 of Warren county; to the towns of Putnam, Dresden, 
 and Fort Ann, of Washington county; to the towns 
 of Altona, Dannemora, Ellenburgh, Saranac. and 
 Black Brook, of Clinton county; to the towns of 
 Denning, Hardenburgh, Shandaken, Olive, Rochester, 
 Wawarsing, and Woodstock, of Ulster county; to the 
 towns of Neversink and Rockland, of Sullivan 
 county; to the towns of Andes, Colchester, Hancock, 
 and Middletown, of Delaware county; and to the 
 towns of Hunter, Jewett, Lexington, and Windham, 
 of Greene county. (As amd by chap. 700 of Laws of 
 1897.) 
 
 § 282. Arrest of offenders without warrant.— The 
 fish and game protectors and foresters, and other per- 
 sons acting upon the forest preserve under the 
 written employment of the board of fisheries, game 
 
93 
 
 and forest, may, without warrant, arrest any person 
 .found upon the forest preserve violating any of the 
 provisions of this article and forthwith take the per- 
 son so arrested before a magistrate having juris- 
 diction to issue warrants in such cases, and there 
 make or procure to be made a complaint in writing, 
 on which complaint the magistrate shall act as the 
 case may require. 
 
 § 283. Deer parks in the Catskill region.— The 
 board of fisheries, game and forests shall set apart 
 tracts of land (not exceeding three) of such size as 
 they may deem proper, belonging to the state and 
 including such adjoining lands as may be deemed 
 necessary, in the Catskill region, now constituting 
 that part of the forest preserve situated in the 
 counties of Delaware, Greene, Sullivan and Ulster, 
 for the purpose of breeding deer and wild game. 
 The board of fisheries, game and forest shall purchase 
 and turn out upon such lands such deer or other game 
 as they may think proper and establish all proper 
 rules for the protection of such laud and the game 
 thereupon. No game shall be killed, pursued, or 
 trapped or in any way destroyed within the limits 
 of such land oO set apart for the period of five years 
 from the time that such land shall be so set apart. 
 The board may receive private subscriptions of money 
 and expend the same for the purposes specified in 
 this section, and may, from time to time, enlarge the 
 area of any such park by purchasing other lands 
 adjacent thereto, so as to include as large an acreage 
 of state lands as practicable within the bounds of 
 each park. The proceeds of the lands sold prior to 
 January first, eighteen hundred and ninety-five, shall 
 be used for no other purpose than the purchase of 
 additional lands for such parks, and the board may 
 execute and receive and accept, in the name of the 
 state, all contracts and conveyances necessary to 
 carry into effect the provisions of this section. 
 
94 
 
 ABTICLE XIII.* 
 
 Adirondack Park. 
 Section 290. Adirondack park. 
 
 291. Powers and duties of forest commis- 
 
 sion. 
 
 292. Contracts. 
 
 293. Proceeds of lands sold and payments for 
 
 lands purchased. 
 
 294. Revenues from leases made prior to 
 
 January first, eighteen hundred and 
 ninety-five. 
 
 295. Annual report. 
 
 § 290. Adirondack park.— All lands now owned or 
 hereafter acquired by the state within the county of 
 Hamilton; the towns of Newcomb, Minerva, Schroon, 
 North Hudson, Keene, North Elba, Saint Armand 
 and Wilmington, in the county of Essex; the towns 
 of Harrietstown, Santa Clara, Altamont, Waverly 
 and Brighton, in the county of Franlilin; the town of 
 Wilmurt, in the county of Herkimer; the towns of 
 Hopkinton, Colton, Clifton and Fine, in the county 
 of Saint Lawrence, and the towns of Johnsburgh, 
 Stony Creek, and Thurman, and the islands in Lake 
 George, in the county of Warren; except such lands 
 as may be sold as provided in this article, shall con- 
 stitute the Adirondack park. Such parfc shall be 
 forever reserved, maintained and cared for as ground 
 open for the free use of all the people for their health 
 and pleasure and as forest lands, necessary to the 
 preservation of the headwaters of the chief rivers of 
 the state, and a future timber supply; and shall re- 
 main part of the forest preserve. 
 
 § 291. Powers and duties of forest commission.— 
 The board of fisheries, game and forest shall have the 
 care, custody, control and superintendence of the 
 Adirondack park, and within the sarofe and with 
 
 ♦Added by chap. 395 of the Laws of 1895. 
 
95 
 
 reference thereto and to acts committed therein and 
 to persons committing the same, all the control, 
 powers, duties, rights of action and remedies belong- 
 ing to such board or the commissioners of the land 
 office within and with reference to the forest preserve 
 as to acts committed therein and persons committing 
 the same. The board of fisheries, game and torest 
 shall have power: 
 
 1. To contract as herein provided for the purchase 
 of land situated within the bounds of the park as 
 defined in the preceding section; if any such lands 
 can not be purchased on advantageous terms unless 
 subject to leases or restrictions or the right to remove 
 soft wood timber, the contract may provide accord- 
 ingly, but not for any such right, lease or restriction 
 after ten years from the date of the contract, nor 
 for the right to remove any such trees with a 
 diameter of less than twelve inches at the height of 
 three feet from the ground. 
 
 2. To contract with owners of laud situated within 
 the bounds of the park tliat such lands may become 
 part of the park and subject to the provisions of this 
 article, in consideration of the exemption of such 
 lands from taxation for state and county purposes, 
 which contract shall contain a provision that the 
 owners of such land and their grantees shall refrain 
 forever from removing any of the timber thereupon 
 except spruce, tamarack or poplar timber twelve 
 inches in diameter, at a height of three feet above 
 the ground, or fallen, burned or blighted timber, and 
 such other and further conditions as to the right of 
 occupancy of such lauds by such owners or their 
 grantees as may be equitable. Such contract may 
 also reserve to the owners of such forest lands and 
 their grantees the privilege of clearing portions of 
 such lands for agricultural or domestic purposes 
 under regulations to be prescribed by the forest 
 commissioners, but no such privilege shall give to 
 the owners or grantees of said lands, the right to 
 
90 
 
 clear more than one acre within the boundary of 
 each one hundred acres covered by said contract. 
 
 3. To prescribe and enforce ordinances and regula- 
 tions for the government and care of the park and 
 for the licensing or regulation of guides or other 
 persons engaged in business therein. 
 
 4. To lay out paths and roads in the park. 
 
 § 292. Contracts.— A contract mentioned in this 
 article shall not take effect until approved by the 
 commissioners of the land office; a certificate ol 
 which approval, certified by the clerk of said com- 
 missioners, shall be attached to the copy of the 
 resolution of the board of fisheries, game and forest 
 authorizing such contract. Every conveyance men- 
 tioned in this article shall be certified by the attorney- 
 general to be in conformity with the contract, and 
 approved by him as to form before the acceptance 
 or delivery thereof, and shall be made to the people 
 of the state, recorded in the proper county, and after 
 record delivered to the commissioners of the land 
 office as a part of their archives. 
 
 § 293. Proceeds of lands sold and payments for 
 lands purchased.— The proceeds of lands sold prior 
 to January first, eighteen hundred and ninety-five, 
 and paid to the state treasurer shall be held by him 
 as a separate fund and special deposit at all times 
 available for the purchase of other lands under this 
 article. Payments for such purchases and for ex- 
 penses necessarily incurred by the board in the pre- 
 liminary examinations of lands purchased under au- 
 thority of this article, or in the examination of titles 
 of lands so purchased, or otherwise necessarily in- 
 cidental to such purchases, may be made from such 
 fund or from any moneys appropriated therefor on 
 the certificate of the commission and audit of the 
 comptroller. 
 
 § 294. Revenues from leases made prior to Janu- 
 ary first, eighteen hundred and ninety-five.— AD 
 revenues received from leases of state lands made 
 
97 
 
 prior to January first, eighteen hundred and ninety- 
 five, shall be paid into the state treasury, and shall 
 be placed to the credit of the special fund established 
 for the purchase of lands within the Adirondack park. 
 
 § 295. Annual report.— The board of fisheries, game 
 and forest shall include in its annual report an ac- 
 count of its proceedings with reference to the park, 
 including a statement of the number of acres of land 
 purchased during the year, the locality thereof, the 
 price paid, the revenue from leases made prior to 
 January first, eighteen hundred and ninety-five, and 
 all other information of importance connected with 
 such transactions; and shall state the amount of 
 money required in the next fiscal year for the pur- 
 chase of lands and expenses of the park, and make 
 such recommendations with reference thereto as it 
 deems wise. 
 
 ARTICLE XIV.* 
 
 Laws Repealed, Definitions and Other Provisions. 
 Section 300. Amendments to the game law. 
 
 301. Definitions. 
 
 302. Ordinances and regulations of boards of 
 
 supervisors repealed. 
 
 303. Powers of boards of supervisors. 
 
 304. Laws repealed and saving clause. 
 
 305. Construction. 
 
 308. When to take effect. 
 
 § 300. Amendments to the game law.— All amend- 
 ments to the game law shall be made a part of this 
 act and additions to the game law shall be numbered 
 as sections thereof. 
 
 § 301. Definitions.— Words and phrases under this 
 act, and in proceedings pursuant thereto, shall, unless 
 Inconsistent with the context, mean or include as fol- 
 lows: 
 
 *As amended by chap. 974 of the Laws of 1895. 
 
 13 
 
98 
 
 1. *' Person " shall include persons, copartnerships, 
 joint-stock companies and corporations, and when 
 used with reference to commission of acts which are 
 herein forbidden, shall include persons particeps 
 ci-iminis in the acts, and the ofiBcers, agents and 
 directors or trustees and similar controlling body 
 of corporations. 
 
 2. Words importing masculine gender may apply to 
 copartnerships, females, joint-stock companies and 
 corporations. 
 
 3. Words importing the plural number may import 
 the singular number. 
 
 4. Words importing the singular number may ex- 
 tend to and be applied to several persons or things. 
 
 5. "Angling" is defined to mean taking fish with 
 hook and line and by rod held in hands, and does not 
 include set lines. In fishing from boats, rods and 
 lines not exceeding two in number may be used by 
 any one person. 
 
 6. " Exclusive right to shoot, hunt, or fish " is de- 
 fined to mean the right of any person owning or hav- 
 ing the right to the possession of the premises, or of 
 any person leasing or reserving the exclusive right to 
 shoot, hunt or fish thereon from the owner. 
 
 7. " Commissions," " commissioners " or " board of 
 commissioners," as used in this chapter, shall be 
 construed to mean the commissioners of fisheries, 
 game and forest. 
 
 8. *' Article," when standing alone in this act, shall 
 be construed to refer to one of the articles hereof. 
 
 9. " Close season " is that period of time during 
 which an act is prohibited. 
 
 10. Inclosed lands is defined to mean lands the out- 
 lines or boundaries of which are marked by water, 
 by a wire, ditch, hedge or fence, road or highway, 
 or partially by one or more of said means, or any 
 visible inclosure or distinctive boundary which in- 
 dicates a separation from the surrounding or con- 
 tiguous territory of whatever nature. 
 
99 
 
 § 302. Ordinances and regulations of boards of 
 supervisors repealed.— All laws or ordinances hereto- 
 fore passed by any board of supervisors of any county 
 in this state, relating to birds, fish and wild animals, 
 are hereby repealed, except the laws passed by the 
 supervisors of the county of Suffolk in respect to salt 
 water fishing, and in respect to shellfish, and boards 
 of supervisors shall hereafter have no power or au- 
 thority to pass any regulation or ordinance relating 
 to birds, fish or game specified or referred to in this 
 act. 
 
 § 303. Powers of boards of supervisors.— The board 
 of supervisors of any county may raise by tax any 
 sum not exceeding one thousand dollars in any year, 
 to aid in the enforcement of the provisions of this 
 act. 
 
 § 304. Laws repealed and saving clause.— All laws 
 and parts of laws inconsistent with this act are 
 hereby repealed, but such repeal shall not affect or 
 impair any act done or right accruing, accrued or 
 acquired, or liability, penalty, forfeiture or punish- 
 ment incurred prior to the time when this act takes 
 effect, under or by virtue of any law so repealed, 
 but an action may be commenced therefor and the 
 same may be asserted, enforced, prosecuted or in- 
 flicted as fully and to the same extent as if such law 
 had not been repealed, and all actions and proceed- 
 ings, civil or criminal, commenced under or by virtue 
 of the laws so repealed and pending when this act 
 takes effect, or commenced after this act takes effect, 
 may be prosecuted and defended to final effect in the 
 same manner as they might under the laws then ex- 
 isting, unless it shall be otherwise specially provided 
 by law. 
 
 § 305. Construction.— The provisions of this act, 
 so far as they are substantially the same as those of 
 laws existing when this act took effect, shall be 
 construed as a continuation of such laws modified or 
 
100 
 
 amended according to the language employed in this 
 act and not as new enactments, and references in 
 laws not repealed, to provisions of laws incorporated 
 into this act and repealed, shall be construed as ap- 
 plying to the provisions so incorporated, and nothing 
 in this act shall be construed to amend or repeal 
 any provision of the criminal or penal code. 
 
 ARTICLE XV.* 
 
 Special Provisions as to the Waters of the Thou- 
 sand Islands. 
 
 Section 310. Article to apply to certain waters of 
 the Saint Lawrence river. 
 
 311. Protector to be appointed. 
 
 312. Definition of blacli bass. 
 
 313. Black bass, pickerel, pike, wall-eyed 
 
 pike and muskallonge; close season. 
 
 314. Fishing through the ice prohibited. 
 
 315. Black bass, limit as to size. 
 
 316. Black bass, limit as to catch. 
 
 317. Fishing by certain devices prohibited. 
 
 318. Unlawful devices and explosives pro- 
 
 hibited. 
 
 319. Duty of anglers to exhibit their catch. 
 
 320. Right of protector to make search or 
 
 examination. 
 
 § 310. Article to apply to the Saint Lawrence river 
 between Tibbett's Point lighthouse and Saint 
 Regis.— This article applies exclusively to the waters 
 of the Saint Lawrence river lying between an 
 imaginary line drawn from Tibbett's Point light- 
 house, about four miles southwest from Cape Vincent 
 to the Snake Island lighthouse, about four miles 
 southwest from the city of Kingston, in Ontario, and 
 the boundary line between the state of New York and 
 the Dominion of Canada at Saint Regis and to be 
 known for the purpose of this article as " the waters 
 
 * Added by chapter 531 of the Laws of 1896. 
 
101 
 
 of the Thousand Islands." (As am'd by chap. 94 of 
 Laws of 1897.) 
 
 § 311. Protector to be appointed.— The board of 
 fisheries, game and forest is authorized to appoint 
 a protector, to be known as the protector of the waters 
 of the Thousand Islands, whose duty it shall be to 
 patrol, under the direction of said board, the waters 
 of the Thousand Islands, and to enforce the pro- 
 visions of this article. 
 
 § 312. Definition of black bass.— Black bass, under 
 this article, includes small-mouthed black bass, and 
 large-mouthed black bass, otherwise known as 
 Oswego bass. 
 
 § 313. Black bass, pickerel, pike, wall-eyed pike 
 and maskinonge; close season.— Black bass, pickerel, 
 pike and maskinonge, commonly called muskallonge, 
 shall not be fished for, caught, killed or possessed in 
 the waters of the Thousand Islands, between the first 
 day of January and the ninth day of June, both in- 
 clusive. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor, and in addition thereto shall be 
 liable to a penalty of twenty-five dollars for each fish 
 so caught, killed or possessed. 
 
 § 314. Fishing through the ice prohibited.— No 
 fish shall be fished for, caught or killed in any man- 
 ner, or by any device, through the ice in the waters 
 of the Thousand Islands, between the first day of 
 January and the ninth day of June, inclusive. Who- 
 ever shall violate or attempt to violate the provisions 
 of this section shall be deemed guilty of misde- 
 meanor, and in addition thereto shall be liable to a 
 penalty of one hundred dollars for each violation 
 thereof. 
 
 § 315. Black bass not to be taken less than ten 
 inches in length.— No black bass less than ten inches 
 in length shall be intentionally taken alive from the 
 waters of the Thousand Islands, nor shall the same 
 
102 
 
 be killed or possessed, and in case any such fish Is 
 caught or taken, the person taking it shall im- 
 mediately place such fish back in the waters from 
 which it was taken without unnecessary injury. 
 Whoever shall violate or attempt to violate the pro- 
 visions of this section shall be deemed guilty of mis- 
 demeanor, and in addition thereto shall be liable to 
 a penalty of twenty-five dollars for each violation 
 thereof, and ten dollars for each fish so taken, killed 
 or possessed. 
 
 § 316. Limit as to catch of black bass.— No person 
 shall take, catch, kill or possess more than twelve 
 black bass of the size permitted by this article in 
 any one day. Where two or more persons are fish- 
 ing or angling from the same boat the aggregate 
 number of bass taken, caught, killed or possessed 
 by the occupants of said boat in any one day shall 
 not exceed twenty-four. Whoever shall violate or 
 attempt to violate the provisions of this section shall 
 be liable to a penalty of twenty-five dollars for each 
 fish so taken, caught, killed or possessed in addition 
 to the number hereby allowed. 
 
 § 317. Fishing by certain devices prohibited.— No 
 fish shall be fished for, caught or killed in any man- 
 ner or by any device except angling in the waters 
 of the Thousand Islands, except that it shall be law- 
 ful to take minnows for bait in the manner provided 
 for by section one hundred and forty-five of this act; 
 provided, however, that if any black bass, pickerel, 
 pike, wall-eyed pike or maskinonge are taken in such 
 nets they shall be immediately returned to the waters 
 alive. Whoever shall violate or attempt to violate 
 the provisions of this section shall be deemed guilty 
 of misdemeanor, and in addition thereto shall be 
 liable to a penalty of one hundred dollars for each 
 violation thereof. 
 
 § 318. Unlawful devices and explosives pro- 
 hibited.— The use of dynamite or other explosives 
 
103 
 
 in any of the waters of the Thousand Islands is pro- 
 hibited except for mining and mechanical purposes. 
 "The possession by any person on the shores or islands 
 of the waters of the Thousand Islands of dynamite 
 or other explosives where the use of the same is pro- 
 hibited by this section, shall be deemed a violation 
 thereof. Whoever shall violate or attempt to vio- 
 late the provisions of this section shall be guilty of 
 misdemeanor, and in addition thereto shall be liable 
 to a penalty of one hundred dollars for each violation 
 thereof. 
 
 § 319. Duty of anglers to exhibit their catch, of 
 fish.— Every person fishing in the waters of the 
 Thousand Islands shall, whenever requested by any 
 fish and game protector, permit such protector to in- 
 spect and examine the fish taken by him or in his 
 possession, or in the boat occupied by him, and the 
 implements by which the same were taken, and in 
 case of his refusal to permit such examination or in- 
 spection he shall be deemed guilty of misdemeanor, 
 and also be liable to a penalty of twenty -five dollars 
 for each such refusal. 
 
 § 320. Right of protector to make search or ex- 
 amination.— In case any angler or person fishing in 
 the waters of the Thousand Islands shall, upon the 
 request of any fish and game protector, refuse per- 
 mission to such protector to inspect and examine the 
 fish taken by him or in his possession or in the boat 
 occupied by him, or the implements by which the 
 same were taken, such inspector shall have power 
 and he is hereby authorized, with or without a search 
 warrant, to examine the contents of such boat or of 
 any box, locker, basket, crate or other package 
 therein, or in the possession of such angler or per- 
 son so fishing, for the purpose of ascertaining 
 whether the provisions of this article have been vio- 
 lated, and to use such force as may be necessary for 
 the purpose of such examination. 
 
APPENDIX. 
 
 14 
 
APPENDIX. 
 
 CHAPTER 802 OF THE LAWS OF 1896. 
 
 AN ACT for the establishment of a state reserva- 
 tion upon and along the Saint Lawrence river in 
 the State of New York. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. All that part of the river Saint Law- 
 rence, lying and being within the state of New lork, 
 with the islands therein, is hereby constituted an 
 international park which shall be known as " The 
 State Reservation on the Saint Lawrence." 
 
 § 2. The said state reservation on the Saint Law- 
 rence shall be under the control and management 
 of the board of fisheries, game and forest, who shall 
 have the power to make and enforce ordinances, by- 
 laws, rules and regulations for the management of 
 the property of the state within the borders of said 
 reservation, and for the orderly transaction of busi- 
 ness not inconsistent with the laws of the state; to 
 designate one of the present fish and game protectors 
 as a superintendent, who shall be subject to the 
 order of said board, who shall have the authority of 
 a fisheries and game protector, and of a police con- 
 stable in criminal cases within the limits of the state 
 reservation. 
 
 § 3. It shall be the duty of the said board of fish- 
 eries, game and forest to report to the next legisla- 
 ture of this state what laws, in their opinion, should 
 be enacted for the government and control of said 
 state reservation, so as to make the same the most 
 useful to the people of the state as a part of an 
 international park upon the Saint Lawrence river, 
 comprising the whole of said river. 
 
 S 4. This act shall take effect immediately. 
 
108 
 
 CHAPTER 657 OF THE LAWS OF 1896. 
 
 AN ACT conferring jurisdiction upon the board of 
 fisheries, game and forest, to hear and determine 
 any controversies regarding the leasing of lands 
 under water for the purpose of the cultivation of 
 shellfish. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. Jurisdiction is hereby conferred upon the 
 board of fisheries, game and forest to hear any and all 
 controversies which have arisen or may hereafter 
 arise, regarding the leasing of lands under water for 
 the purpose of the cultivation of shellfish, and to de- 
 termine the same, upon such terms as may be just 
 and equitable. 
 
 § 2. The said board of fisheries, game and forest, 
 in addition to the powers and duties heretofore con- 
 ferred upon it by law, shall have power to sue for 
 and collect and to compromise, compound and satisfy 
 any and all rents which now are or may hereafter be 
 in arrears, from lands under water leased by the 
 state for the purpose of shellfish cultivation, and 
 to make such rebates, for the rental of such lands, 
 as in their judgment shall seem just and equitable; 
 provided, however, that no such rental shall be re- 
 duced to less than twenty-five cents per acre per 
 annum for each acre leased. 
 
 § 3. This act shall talie effect immediately. 
 
109 
 
 CHAPTER 463 OF THE LAWS OF 1898. 
 
 AN ACT to amend chapter two hundred and fifty- 
 one of the laws of eighteen hundred and ninety- 
 six, entitled "An act for the protection of fur- 
 bearing animals in the counties of Wayne, Jeffer- 
 son and Cayuga." 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. Sections one and two of chapter two 
 hundred and fifty-one of the laws of eighteen hun- 
 dred and ninety-six are hereby amended to read 
 respectively as follows: 
 
 § 1. No person shall catch or kill, or attempt to 
 catch or kill, within the counties of Wayne, Jeffer- 
 son and Cayuga, any mink, skunk, muskrat or fox, 
 except upon his premises or within the limits of an 
 incorporated village, or have the same in his pos- 
 session which was so killed, from the first day of 
 May, to the thirty-first day of the following Octo- 
 ber; except that foxes shall not be so killed or caught 
 from the first day of May to the thirtieth day of 
 the following September. The provisions of this act 
 relating to foxes shall not apply to Cayuga county. 
 
 § 2. Any person violating the provisions of this 
 act shall be liable to a penalty of twenty-five dol- 
 lars for each and every offense, to be recovered, with 
 the costs of the suit, by any person in his own name, 
 or by a game constable or game protector of a town 
 or county, before a justice of the peace in the coun- 
 ties of Wayne, Jefferson or Cayuga when the amount 
 does not exceed the jurisdiction of such justice, or 
 before a court of record in such counties. One-half 
 of the penalty so recovered shall go to the person 
 bringing the action, and one-half to the county treas- 
 urer, to be credited to the poor fund of the town 
 where the offense is committed. 
 
 § 3. This act shall take effect immediately. 
 
110 
 
 CHAPTER 40 OF THE LAWS OF 1898. 
 
 AN ACT for the protection of certain fur-bearing 
 animals in ttie county of Livingston. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. No person shall catch or kill, or attempt 
 to catch or kill, within the county of Livingston, any 
 muskrat, mink, coon, fox or skunk, except upon his 
 premises or within the limits of an incorporated vil- 
 lage, or have the same in his possession, which was 
 so killed, from the tenth day of April to the thirty- 
 first day of the following October, except that foxes 
 shall not be so killed or caught from the tenth day 
 of April to the thirtieth day of the following Sep- 
 tember. Whoever shall violate or attempt to violate 
 the provisions of this act shall be liable to a penalty 
 of fifteen dollars for each violation thereof, to be 
 recovered by any person in his own name before a 
 court in said Livingston county, one-half of the pen- 
 alty to be paid to the person bringing such action 
 and one-half to the overseer of the poor of the town 
 where the offense was committed. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 175 OF THE LAWS OF 1897. 
 
 AN ACT for the protection of fur-bearing animals 
 in the counties of Ca^.taraugus, Oneida, Madison 
 and Otsego. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follozvs: 
 
 Section 1. No person shall catch or kill, or attempt 
 to catch ot kill within the counties of Cattaraugus, 
 Oneida, Madison and Otsego, any mink, skunk, musk- 
 rat or fox, except upon his premises or within the 
 limits of an incorporated village, or have the same 
 in his possession which was so killed, from the first 
 day of May to the sixteenth day of the following 
 November; except that foxes shall not be so killed 
 
Ill 
 
 or caught from the first day of May to the thirtieth 
 day of the following September. 
 , § 2. Any person violating any of the provisions of 
 this act shall be liable to a penalty of twenty-five 
 dollars for each and every offense, to be recovered, 
 with the costs of the suit, by any person in his own 
 name, or by a game constable of a town, before a 
 justice of the peace in the counties of Cattaraugus, 
 Oneida, Madison and Otsego, when the amount does 
 not exceed the jurisdiction of such justice, or before 
 a court of record in such county. One-half of the 
 penalty so recovered shall go to the person bringing 
 the action, and one-half to the county treasurer, to 
 be credited to the poor fund of the town where the 
 offense was committed. 
 § 3. This act shall take effect immediately. 
 
 CHAPTER 561 OF THE LAWS OF 1892. 
 
 AN ACT providing for the protection of Antwerp 
 or homing pigeons. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. That on and after the passage of this act 
 it shall be unlawful for any person or persons to 
 shoot, maim or Ivill any Antwerp or homing pigeon, 
 either while in flight or at rest, and any person 
 guilty of liilling, shooting, or maiming such pigeon 
 or pigeons, as aforesaid, shall be guilty of misde- 
 meanor, and upon conviction thereof shall, for every 
 such offense, pay a fine of not less than ten nor more 
 than twenty-five dollars. 
 
 § 2. That on and after the passage of this act it 
 shall be unlawful for any person or persons to detain 
 or entrap any Antwerp or homing pigeon, provided, 
 however, that such Antwerp or homing pigeon shall 
 have the name of its owner stamped upon its wing 
 or tail, or wear a ring or seamless leg band with its 
 registei-iid numbe? stamped upon it, and any person 
 or persons so detaining such pigeon or pigeons, shall 
 
112 
 
 be guilty of a misdemeanor, and upon conviction 
 thereof, shall, for every such offense, pay a fine of not 
 less than ten nor more than twenty-five dollars. 
 
 § 3. That on and after the passage of this act, it 
 shall be unlawful for any person or persons, to re- 
 move the ring or seamless leg band with its regis- 
 tered number from any Antwerp or homing pigeon, 
 to which he or they can not prove ownership, and 
 any person or persons removing such a ring or leg 
 band from such pigeon or pigeons shall be guilty of 
 a misdemeanor, and upon conviction thereof shall, for 
 every such offense, pay a fine of not less than ten nor 
 more than twenty-five dollars. {As am'd by chap. 
 824 of Laws of 1896.) 
 
 CHAPTER 68 OF THE LAWS OF 1898. 
 
 AN ACT for the protection of black bass in Orange 
 lake, Orange county. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. No person shall fish for or attempt to 
 take from the waters of Orange lake, in the county 
 of Orange, any black bass, at any time, from one 
 hour after sunset of any day until one hour before 
 sunrise of the following day. Any person who shall 
 violate or attempt to violate any of the provisions 
 of this act shall be guilty of a misdemeanor, and in 
 addition thereto shall be liable to a penalty of 
 twenty-five dollars for each violation, and ten dol- 
 lars for each black bass so taken. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 705 OF THE LAWS OF 1897. 
 
 AN ACT for the protection of fish In Chautauqua 
 lake, in Chautauqua county. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. It shall be unlawful for any person or 
 persons to take any fish of any kind, or to fish for or 
 
113 
 
 attempt to take any fish from the waters of Chautau- 
 qua lake, from the first day of May until the fifteenth 
 day of June, in each year, except by the authority of 
 the state for the purpose of propagation. 
 
 § 2. Black bass, yellow bass, rock bass and mus- 
 kallonge shall not be fished for, or taken from the 
 water of Chautauqua Lake from and including the 
 first day of December in each year, to the fifteenth 
 day of June in the following year, except as herein 
 otherwise provided. (As am'd by chap. 2 of Laws of 
 J898.) 
 
 § 3. Muskallonge and bill-fish may be taken with 
 spears, using fish-house and decoys on Mondays and 
 Thursdays of each week for five consecutive weeks, 
 beginning on the first Monday of February and al- 
 lowing ten days for such spearing, but no such fish- 
 house, decoy or spear shall be upon the ice or waters 
 of Chautauqua Lake before six o'clock in the morn- 
 ing, nor after six o'clock in the afternoon of each 
 Monday and Thursday as above provided, nor shall 
 it be lawful for any person to place or cause to be 
 placed, or have any fish-house, decoy or spear or 
 other device for taking fish from the waters of Chau- 
 tauqua Lake, except by angling, at any other time, 
 nor in any other manner than is provided in this act. 
 {As am'd by chap. 2 of Laws of 1898.) 
 
 § 4. All fish-houses or other contrivances for hiding 
 the fishermen shall be open at all times to the in- 
 spection of all peace officers or officers for the pro- 
 tection of fish and game, and shall be liable to con- 
 fiscation if found upon the ice or waters of Chau- 
 tauqua Lake, except as is herein provided, but this 
 act shall not be construed to apply to such fish-houses 
 or other contrivances which are being removed from 
 or taken to the place of fishing while in actual transit. 
 {As am'd by chap. 2 of Laws of 1898.) 
 
 § 5. The closed season during which it shall be 
 unlawful to take black bass, yellow bass, rock bass 
 and muskallonge from the waters of Chautauqua 
 15 
 
114 
 
 Lake, shall be from and including the first day of 
 December in each year to the fifteenth day of June 
 in the year following, except as provided in section 
 three of the act hereby amended, and it shall be un- 
 lawful for any person to sell or expose for sale any 
 of the above-mentioned fish from the waters of Chau- 
 tauqua Lake at any time during the closed season. 
 {As am'd by chap. 2 of Lazus of 1898.) 
 
 § 6. Any person or persons who shall violate or 
 attempt to violate any of the provisions of this act 
 shall be guilty of a misdemeanor, and in addition 
 shall be liable to a penalty of twenty-five dollars 
 for each violation, and ten dollars for each fish 
 taken. {Added by chap. 2 of Laws of 1898.) 
 
 § 7. This act shall take effect immediately. 
 
 CHAPTER 280 OF THE LAWS OF 1897. 
 
 AN ACT to permit fishing through the ice in cer- 
 tain parts of Owasco lake. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. Pickerel, bullheads, catfish, eels, perch 
 and sunfish may be fished for through the ice, with 
 hooks and lines or tip-ups in Owasco lake, from the 
 head of such lake to a line running across the same, 
 from a ravine just south of the cottage now owned 
 by B. C. Pulver on the west shore of such lake, to 
 the ravine Just north of the cottage now owned by 
 James Foster on the east shore thereof. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 93 OF THH LAWS OF 1897. 
 
 AN ACT for the protection of state nets while in 
 
 use in any of the waters of this state. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. It shall not be lawful for any person or 
 persons, except those in charge of state nets, at any 
 
115 
 
 time to handle or take out any fish while confined in 
 a state net, or for any person or persons to fish in any 
 manner within one hundred feet of any leader or net 
 while in use by the state. Whoever shall violate, 
 or attempt to violate the provisions of this act, shall 
 be deemed guilty of a misdemeanor; and in addition 
 thereto shall be liable to a penalty of one hundred 
 dollars for each violation thereof. 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 63 OF THE LAWS OF 1897. 
 
 AN ACT relating to the hounding of deer in the 
 towns of Dresden and Putnam, in the county of 
 Washington. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. Deer shall not be hunted, pursued or 
 killed with any dog or bitch in the towns of Dresden 
 and Putnam, in the county of W^ashington, at any 
 time in the year for the period of ten years from the 
 passage of this act. If any dog or bitch of the breed 
 used for hunting deer shall be found hunting, pur- 
 suing or killing deer, or running at large in the for- 
 ests of such towns, it shall be presumptive evidence 
 of the violation of this act by the person owning, 
 using or harboring such dog or bitch. Whoever shall 
 violate or attempt to violate the provisions of this 
 section shall be guilty of a misdemeanor, and in 
 addition thereto shall be liable to a penalty ol one 
 hundred dollars for each such violation. 
 
 § 2. This act shall take effect immediately. 
 
Taxation of State Forest Lands, 
 
 SECTION 22 OF ARTICLE 2 OF CHAPTER 908 
 OF THE LAWS OF 1896. 
 
 § 22. Assessment of state lands in forest pre- 
 serve.— All wild or forest lauds within the forest 
 preserve shall be assesed and taxed at a like valua- 
 tion and rate as similar lands of individuals wfthin 
 the counties where situated. On or before August 
 first in every year the assessors of the town within 
 which the lands so belonging to the state are situ- 
 ated shall file in the office of the comptroller and of 
 the board of fisheries, game and forest, a copy of the 
 assessment-roll of the town, which, in addition to 
 the other matter now required by law, shall state and 
 specify which and how much, if any, of the lands 
 assessed are forest lands, and which and how much, 
 if any, are lands belonging to the state; such state- 
 ments and specifications to be verified by the oaths 
 of a majority of the assessors. The comptroller shall 
 thereupon and before the first day of September 
 following, and after hearing the assessors and the 
 board of fisheries, game and forest, if they or any of 
 them so desire, correct or reduce any assessment of 
 state lands which may be in his judgment an unfair 
 proportion to the remaining assessment of land within 
 the town, and shall in other respects approve the 
 assessment and communicate such approval to the 
 assessors. No such assessment of state lands shall be 
 valid for any purpose until the amount of assessment 
 Is approved by the comptroller, and such approval 
 attached to and deposited with the assessment-roll 
 
117 
 
 of the town, and therewith delivered by the assessors 
 of the town to the supervisor thereof or other officer 
 authorized to receive the same from the assessors. 
 No tax for the erection of a schoolhouse or opening 
 of a road shall be imposed on the state lands unless 
 such erection or opening shall have first been ap- 
 proved in writing by the board of fisheries, game and 
 forest. 
 
Fishways in St. Lawrence and Frank- 
 lin Counties. 
 
 CHAPTEil 498 OF THE LAWS OF 1895. 
 
 AN ACT to provide for the construction of fish- 
 slides or fish-ways through private dams in the 
 counties of Saint Lawrence and Franklin. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows: 
 
 Section 1. All and every person or persons owning 
 or holding any mill dam or dams except in the Oswe- 
 gatchie river, in and above the natural dam at 
 Gouverneur, in Saint Lawrence county, upon any 
 river located in Saint Lawrence or Franlilin counties, 
 shall construct in, or connect with, every such dam or 
 dams, a slide, apron, waste-gate or other passage, 
 sufficient to admit of all fish as usually enter the 
 mouth of such river, in the spring of the year, to pass 
 by, through or over the said dam or dams; which 
 said slide, apron, waste-gate or other passage, shall 
 be kept constantly open and unobstructed from the 
 time said river or stream shall be cleared of ice in 
 the spring, until the first day of June in each year; 
 provided, that the keeping open such slide, apron, 
 waste-gate or other passage shall not cause a want of 
 water for the use of any mills or machinery con- 
 nected with, or depending upon any such dam or 
 dams. 
 
 § 2. Any and every person or persons, who now own 
 or hold or hereafter becomes the owner or holder 
 of any such dam or dams, and who shall after Janu- 
 ary first, eighteen hundred and ninety-six, neglect 
 or refuse to supply such dam or dams with suffi- 
 cient slide, apron, waste-gate or other passage, for 
 
119 
 
 the passage of fish by, through or over the said dam 
 or dams, or to keep said slide, apron, waste-gate or 
 other passage open and unobstructed, shall be liable 
 to a penalty of five dollars for every day he so neg- 
 lects or refuses. 
 
 § 3. All the provisions of the fish and game law, 
 not inconsistent herewith, shall apply hereto. 
 
 § 4. This act shall take effect immediately. 
 
Look Out for Fire — Rules. 
 
 Fires for clearing land near a forest must not be 
 started until the trees are in full leaf. Before light- 
 ing such fires three days' notice, at least, must be 
 given to the firewarden and occupants of adjoining 
 lands. After such fires are lighted, competent per- 
 sons must remain to guard them until the tire is 
 completely extinguished, and the persons starting 
 such fires will be held responsible for" all damages, 
 notwithstanding notice has been given to the fire- 
 wardens. 
 
 Fires will be permitted for the purposes of cooking, 
 warmth and insect smudges; but before such fires are 
 kindled, sufficient space around the spot where the 
 fire is to be lighted must be cleared from all com- 
 bustible material; and before the place is abandoned, 
 fires so lighted must be thoroughly quenched. 
 
 All fires, other than those hereinbefore mentioned, 
 are absolutely prohibited. 
 
 Hunters and smokers are cautioned against allow- 
 ing fires to originate from the use of firearms, cigars 
 and pipes; and all persons are warned that they will 
 be held responsible for any damage or injury to the 
 forest which may result from their carelessness or 
 neglect. 
 
 Girdling and peeling bark from standing trees is 
 prohibited. Fallen timber only may be used for 
 firewood. 
 
 Fish and game protectors and foresters, firewardens 
 and all citizens. are requested to report to the fish, 
 game and forest commissioners immediately all cases 
 which may come to their knowledge, of damage or 
 injuiy to forest trees arising from a violation of these 
 rules. 
 
 By order of the fish, game and forest commission. 
 
 B. H. DAVIS, 
 
 President. 
 
Employes of the Fisheries, Game and 
 Forest Commission. 
 
 Charles A. Taylor, Assistant Secretary. 
 
 A. N. Cheney, State f*ish Culturist. 
 
 James Annin, Jr., Superintendent of Hatcheries. 
 
 William F. Fox, Superintendent of Forests. 
 
 A. J. Mulligan, Audit and Pay Clerk. 
 
 A. B. Strough, Special Agent. 
 
 M. C. Finley, Special Agent. 
 
 William Wolf, Clerk to Chief Protector. 
 
 J. J. Fourqurean, Stenographer. 
 
 FIRE WARDEJSrS. 
 
 Clinton County. 
 
 Town of Dannemora — Arza Turner, Dannemora- 
 
 Town of Black Brook — William Hopkins, Au Sable 
 Forks, N. Y. 
 
 Town of Altona — Benj. McGregor, Forest, N. Y. 
 
 Town of Ellenburg — G. K. McKinney, Ellenburg 
 Center. 
 
 Town of Saranac — Frank Ayres, Saranac, N. Y. 
 
 Essex County. 
 
 Town of Chesterfield — Carlos W. Rowe, Keese- 
 ville, N. Y. 
 
 Town of Crown Point — H. Underbill, Crown Point. 
 
 Town of Elizabethtown — Carlos A. Jordan, Eliza- 
 bethtown, N. Y. 
 
 Town of Essex — John W. Chamberlain, Essex. 
 
 Town of Jay — Charles Bartlett, Upper Jay, N. Y. 
 
 Town of Keene — James Hall, Keene, N. Y. 
 
 Town of Lewis — Charles Cutting, Lewis, N. Y. 
 16 
 
122 
 
 Town of Minerva — Robert H. Wilson, Olmstead- 
 ville, N. Y. 
 
 Town of Newcomb — Washington Chase, New- 
 comb, N. Y. 
 
 Town of North Elba — Fred. Lamb, Lake Placid. 
 
 Town of North Pludson — Charles H. Lamb, Schroon 
 River, N. Y. 
 
 Town of St. Armand — S^ester L. Reed, Bloom- 
 ingdale, N. Y. 
 
 Town of Schroon — Gustav Wickham, Schroon 
 Lake, N. Y. 
 
 Town of Ticonderoga — E. C. D. Wiley, Ticon- 
 deroga, N. Y. 
 
 Town of Westport — William Ormiston, West- 
 port, N. Y. 
 
 Town of Willsborough — E. Severance, Wills- 
 borough, N. Y. 
 
 Town of Wilmington — Cassius Winch, Upper Jay. 
 
 Franklin County. 
 
 Town of Malone — Fred. Degan, Malone, N. Y. 
 
 Town of Bombay — W. H. Niles, South Bombay, 
 
 Town of Brandon — B. Reynolds, Reynoldston. 
 
 Town of Duane — A. R. Fuller, Duane, N. Y. 
 
 Town of Franklin — Henry N. Paye, Vermontville. 
 
 Town of Westville — George Williams, Westville 
 Center, N. Y. 
 
 Town of Moira — T. R. Eddy, Moira, N. Y. 
 
 Town of Bangor — Charles J. Adams, Bangor, N. Y. 
 
 Town of Belmont — Joseph Williamson, Malone. 
 
 Town of Altamont — E. Le Boeff, Tupper Lake. 
 
 Town of Brighton — E. C. Pine, Paul Smith's. 
 
 Town of Harrietstown — W. J. Slater, Saranac 
 Lake, N. Y. 
 
 Town of Santa Clara — W. R. Fullerton, Santa 
 Clara, N. Y. 
 
 Town of Waverly — Daniel McNeil, St. Regis Falls. 
 
 Town of Dickinson — James W. Sabin, Dickinson 
 Center. N. Y. 
 

 123 
 
 Fulton County. 
 
 Town of Bleecker — E. Fisher, Gloversville, N. Y. 
 Town of Ephratah — M. G. Van Voarst, Ephratah. 
 Town of Johnstown — F. B. Warren, Johnstown. 
 Town of Mayfield — William F. Bellin, Glovers- 
 ville, N. Y. 
 Town of Stratford — Netus Lancaster, Stratford, 
 Town of Caroga — Englebert Hine, Pine Lake, N. Y. 
 
 Hamilton County. 
 
 Town of Arietta — F. C. Abrams, Piseco, N. Y. 
 Town of Benson — H. Snell, Benson, N. Y. 
 Town of Hope — Wm. Lawton, Hope, N. Y. 
 Town of Indian Lake — Orrin Cross, Indian Lake» 
 Town of Lake Pleasant — D. E. Call, Lake Pleas- 
 ant, N. Y. 
 Town of Long Lake — W. D. Jennings, Long Lake. 
 Town of Morehouse — M. Boh, Morehouseville» 
 Town of Wells — T. D. Brown, Wells, N. Y. 
 
 Herkimer County. 
 
 Town of Columbia — W. A. Hatch, South Columbia. 
 Town of Danube — S. L. Harder, Minden, N. Y. 
 Town of Fairfield — Herman Dodge, Fairfield, N. Y. 
 Town of Frankfort — John E. Maynard, Gulph. 
 Town of German Flats — P. H. Steele, Mohawk. 
 Town of Herkimer — Earl Brice, Ilion, N. Y. 
 Town of Little Falls — A. X. Willard, Little Falls, 
 Town of Manheim — W. F. Stoddard, Dolgeville. 
 Town of Newport — Howard Voorheee. Newport, 
 Town of Norway — Henry Nichols, Norway, N. Y. 
 Town of Litchfield — Wm. Norton, North Litchfield. 
 Town of Winfield — H. C. Nichols, West Winfield. 
 Town of Webb — D. B. Sperry, Old Forge, N. Y. 
 Town of Ohio — A. O. Bullock, Gray, N. Y. 
 Town of Russia — Carey Garlock, Grant, N. Y. 
 Town of Wilmurt — John M. Richards, Wilmurt, 
 
124 
 
 Town of Schuyler — John Wood, West Sehuyler. 
 Town of Stark — Gresham Smith, Van Hornesville. 
 Town of Warren — James Fagan, CuUen, N. Y. 
 
 Lewis County. 
 
 Town of Croghan — Henry Linstruth, Belfort. 
 
 Town of Greig — Duaue Norton, Glendale, N. Y. 
 
 Town of Harrisburg — Carrol Day, Windecker. 
 
 Town of Highmarket — Michael O'Brien, High- 
 market, N. Y. 
 
 Town of Lewis — Chas. Myers, West Leyden, N. Y. 
 
 Town of Leyden — C. D. Wilcox, Port Leyden, N. Y. 
 
 Town of Lowville — Thos. Fowler, Lowville, N Y. 
 
 Town of Lyonsdale — Edward Burdick, Port Ley- 
 den. 
 
 Town of Martinsburgh — John Taylor, West 
 Martinsburgh, N. Y. 
 
 Town of Montague — Frank Maltby, Montague, 
 
 Town of New Bremen — John H. Bintz, Ctogban. 
 
 Town of Osceola — Chas. Corbett, Osceola, N. Y. 
 
 Town of Pinckney — C. E. Greenley, Barnes Cor- 
 ners, N. Y. 
 
 Town of Watson — Stephen Waldron, Chase's 
 Lake, N. Y. 
 
 Town of West Turin — F. E. Taylor, Constableville. 
 
 Town of Diana — H. J. Bosworth, Harrisville, N. Y. 
 
 St. Lawrence County. 
 Town of Brasher — B. P. Clark, Brasher, N. Y. 
 Town of Canton — S. Heminway, Canton, N. Y. 
 Town of Clifton — Chas. F. Thomas, Benson Mines, 
 Town of Colton — W. J. Horton, Colton, N. Y. 
 Town of DeKalb — A. C. Farr, DeKalb, N. Y. 
 Town of Fine — Thomas Willis, Fine, N. Y. 
 Town of Hopkinton — E. P. Gale, Gale, N. Y. 
 Town of DePeyster — Nathan E. Giffin, DePeyster. 
 Town of Hermon — A. O. Morgan, Hermon, N. Y. 
 Town of Edwards — Horace Webb, Edwards, N. Y. 
 
125 
 
 Town of Macomb — John K. Mills, Brasie Corners. 
 Town of Lisbon — E. B. Hobbs, Lisbon Center. 
 Town of Pitcairn — D. G. Graham, East Pitcairn. 
 Town of Potsdam — L. DeLisle, Potsdam, N. Y. 
 Town of Rossie — M. H. Turnbull, Rossie, N. Y. 
 Town of Russell — Edgar M. Lane, South Russell. 
 
 Saratoga County. 
 
 Town of Ballston — Anson J. Larking, South 
 Ballston, N. Y. 
 
 Town of Corinth — A. C. Hickok, Corinth, N. Y. 
 
 Town of Edinburgh — Frank R. Smith, Batchellor- 
 ville. 
 
 Town of Hadley — E. J. Wilcox, Conklingville. 
 
 Town of Half Moon — Edward McDonnell, Me- 
 chanicville, N. Y. 
 
 Town of Providence — Matthew Armer, Barkers- 
 ville, N. Y. 
 
 Town of Wilton — Roy Schermerhorn, Wilton, N. Y. 
 
 Town of Moreau — Job Hubbell, Fortville, N. Y. 
 
 Town of Day — Geo. L. Grey, Day, N. Y. 
 
 Oneida County. 
 Town of Forestport — George Studor, Forestport, 
 Town of Remsen — R. R. Pritcherd, Remsen. 
 
 "Warren County. 
 Town of Bolton — Geo. H. Moon, Bolton, N. Y. 
 Town of Caldwell — Chas. Wood, Caldwell, N. Y. 
 Town of Chester — Geo. Swan, Chestertown. 
 Town of Hague — James A. Balcom, Hague, N. Y. 
 Town of Johnsburg — Wm. Merrill, Baker's Mills. 
 Town of Luzerne — W. J. Hall, Luzerne, N. Y. 
 Town of Queensbury — Wm. Roach, Glens Falls. 
 Town of Stony Creek — L. R. Dunlop, Stony Creek. 
 Town of Warrensburgh — William Woodward. 
 Warrensburgh, N. Y. 
 Town of Thurman — Miles Frost, Athol. 
 
126 
 Washing'ton County. 
 
 Town of Argyle — Wm. Kilmer, Argyle, N. Y. 
 
 Town of Cambridge — Alvan Robertson, Cam- 
 bridge, N. Y. 
 
 Town of Dresden — Patricli Crocliwell, Dresden 
 Center, N. Y. 
 
 Town of Easton — Eugene Briggs, Easton, N. Y. 
 
 Town of Fort Ann — E. H. Sturtevant, Fort Ann. 
 
 Town of Fort Edward— Thomas Ellis, Fort Edward. 
 
 Town of Granville — E. B. Temple, Granville. 
 
 Town of Hampton — Lyman Warren, Hampton. 
 
 Town of Hartford — Judson Maynard, South Hart- 
 ford, N. Y. 
 
 Town of Hebron — Alton Wilson, Hebron, N. Y. 
 
 Town of Jackson — V. S. Houghtaling, Batten ville. 
 
 Town of Putnam — J. D. Leigh, Putnam, N. Y. 
 
 Town of Salem — Christopher Burnett, Salem. 
 
 Town of Whitehall — Robert Steves, Whitehall. 
 
 Town of White Creek — Charles Agan, Cambridge. 
 
 Delaware County. 
 
 Town of Tompkins — E. A. Howes, Trout Creek. 
 
 Town of Walton — Geo. P. Beers, Walton, N. Y. 
 
 Town of Stamford — John H. King, Almeda, N. Y. 
 
 Town of Middletown — Dewitt B. Cole, Arkville, 
 
 Town of Meredith — John White, Meredith, N. Y. 
 
 Town of Masonville — John Barnabee, Masouville. 
 
 Town of Kortright — J. A. Hill, Bloomville, N. Y. 
 
 Town of Hancock — Francis Bonnefond, East 
 Branch, N. Y. 
 
 Town of Hamden — Ralph Andrews, Hamden. 
 
 Town of Rdxbury — Richard S. Hammon, Roxbury. 
 
 Town of Harpersfield — J. Irving McLaney, Har- 
 persfield, N. Y. 
 
 Town of Delhi — George Van Dyke, Delhi, N. Y. 
 
 Town of Davenport — I. E. May, Davenport Center. 
 
 Town of Colchester — Thomas JTord, Shavertown. 
 
 Town of Bovina — John W. Blair, Bovina, N. Y. 
 
127 
 Greeoie County. 
 
 Town of Ashland — Frank Dodge, Ashland, N. Y. 
 
 Town of Athens— Douglas McKnight, Athens, N. Y. 
 
 Town of Cairo — Gastoo Wynkoop, Cairo, N. Y. 
 
 Town of Catskill — Benj. W. Grant, Kiskatom. 
 
 Town of Coxsackie — W. W. Sweet, West Cox- 
 sackie, N. Y. 
 
 Town of Durham — Adelbert Newell, Durham. 
 
 Town of Greeneville — W. S. Rundell, Greeneville. 
 
 Town of Hunter — William Douglass, Hunter. 
 
 Town of Jewett — Monroe Trusdell, East Jewett. 
 
 Town of New Baltimore —William Friend, Stanton. 
 Hill, N. Y. 
 
 Town of Prattsville — Edward R. Clark, Pratts- 
 ville, N. Y. 
 
 Sullivan County. 
 
 Town of Bethel — Newcomb Mapes, White Lake. 
 
 Town of Callicoon — Casper Van Weisenfluh. 
 Youngsville, N. Y. 
 
 Town of Cohocton — Peter Theiss, Fosterdale, N. Y. 
 
 Town of Fallsburgh — Morris Downey, Mountain- 
 dale, N. Y. 
 
 Town of Forestburgh — G. L. Decker, Oakland 
 Valley, N. Y. 
 
 Town of Fremont — Phillip Gerhardt, Fremont 
 Center. 
 
 Town of Highlands — Geo. W. Parker, Eidred. 
 
 Town of Liberty — Frederick Buckley, Liberty. 
 
 Town of Lumberland — Wm. Ruddick, Glen Spey. 
 
 Town of Mamakating — Wesley Marshall, Wurts- 
 boro, N. Y. 
 
 Town of Neversink — Samuel J. Groo, Grahams- 
 ville, N. Y. 
 
 Town of Rockland — Plymouth Davis, Livingston 
 Manor, N. Y. 
 
128 
 
 Ulster County. 
 
 Town of Denning — Albert Vandover, Claryville. 
 Town of Gardiner — James E. Lefavre, Gardiner. 
 Town of Lloyd — Austin B. Merritt, Highland. 
 Town of Marbletown — James G. Pratt, Stoneridge. 
 Town of New Paltz — Charles Harp, New Paltz. 
 Town of Plattekill — Bauman Lefevre, Modena. 
 Town of Olive — Hugh Donahue, Krumville. 
 
INDKX. 
 
 A. PAGK. 
 
 Actions, authority to bring, etc 73 
 
 by persons, authority, etc 74 
 
 expenses of , 76 
 
 where to bring 73 
 
 Adirondack Park 94 
 
 annual report as to 97 
 
 Anglers, Thousand Islands, to exhibit fish when requested 103 
 
 Antelope, general law 17 
 
 Antwerp pigeons, protection of Ill 
 
 Amendments to Fisheries,Game and Forest Law, how numbered, 97 
 
 Appointment of fire wardens 85 
 
 Appointment of commissioners of fisheries, game and forest. , , 4 
 
 Arrest of violators by protectors and foresters 76 
 
 warrant of 77 
 
 Authority to collect birds, etc 27 
 
 B. 
 
 Bait, minnows for 48 
 
 Beaver not to be killed 18 
 
 Black bass, close season, general law 83 
 
 Lake Greorge and Schroon Lake law 33 
 
 Schoharie River law 33 
 
 Salmon River, Franklin county 19 
 
 Crystal Lake, Albany county 53 
 
 Orange Lake 113 
 
 Chautauqua Lake 113 
 
 Thousand Islands , 101 
 
 Long Island 57 
 
 limit in size, ten inches 35 
 
 limit in number to be taken 35 
 
 limit of catch, Thousand Islands 103 
 
 Black Lake, fishing regulations 45 
 
 Brook trout, close season, general law 31 
 
 limit in size, six inches 81 
 
 close season. Long Island 56 
 
 Bounty for destruction of illegal nets 11 
 
 for killing panthers • . . 18 
 
 C. 
 
 Caribou, protected 17 
 
 Chaumont Bay, netting law 41 
 
 Chautauqua Lake, fishing law 113 
 
 17 
 
130 
 
 PAGE. 
 
 Commissioners of fisheries, game and forest 2 
 
 may compromise shellfish rentals 108 
 
 powers and duties, Adirondack Park 94 
 
 Compensation of fire wardens 87 
 
 Contracts, Adirondack Park 96 
 
 County treasurers to pay bounty on illegal nets 12 
 
 on panthers 19 
 
 Courts, jurisdiction of 76 
 
 Crusting deer prohibited 17 
 
 Crystal Lake fishing law , 53 
 
 Cutting timber, penalty for 89 
 
 Clams, raking of, regulated 64 
 
 taking of, about Staten Island] 65 
 
 D. 
 
 Dams to have fish ways , 79 
 
 Deer, close season, general law. 13 
 
 close season, counties of Ulster, Greene, Delaware and 
 
 Sullivan 18 
 
 close season, Long Is'and 58 
 
 not to be yarded 17 
 
 towns of Dresden and Putnam, Washington county 115 
 
 possession of 14 
 
 transportation of 16 
 
 Deer Park, in Catskills 98 
 
 Definitions of phrases 97 
 
 Defacing signs, penalty for 72 
 
 fire notices, penalty for , 83 
 
 Destroying birds' nests, general law 26 
 
 Long Island 59 
 
 Devices for taking fish, general law 50 
 
 Thousand Islands 102 
 
 Dogs in woods where deer inhabit, may be killed 16 
 
 Drawing off water to take fish prohibited 29 
 
 Dredging oysters and clams regulated 64 
 
 Duties of commissioners 5 
 
 protectors and foresters 9 
 
 Dynamiting fish prohibited 30 
 
 £. 
 
 Eel weirs permitted, general law. 47 
 
 Jamaica Bay » 58 
 
 Eel pots, where permitted 47 
 
 Elk protected , 17 
 
 Explosives to kill fish prohibited 30 
 
 Employes of Commission 121 
 
 F. 
 
 Fawns not to be killed 14 
 
 Fallow fires, penalty for setting in towns named 91 
 
131 
 
 PAGE. 
 
 Fires, rules as to, in Forest Preserve 120 
 
 railroad companies' duties 84 
 
 fallow 91 
 
 Fire wardens, appointment of 85 
 
 duties and powers 86 
 
 compensation of 87 
 
 county of Clinton 121 
 
 Essex 121 
 
 Delaware 126 
 
 Franklin 123 
 
 Fulton 123 
 
 Greene 127 
 
 Hamilton 123 
 
 Herkimer 123 
 
 Lewis 124 
 
 Oneida 125 
 
 St. Lawrence 124 
 
 Saratoga 195 
 
 Sullivan , 127 
 
 Ulster 128 
 
 Warren 125 
 
 Washington 126 
 
 Fishinpr at Thousand Islands 100 
 
 in Little River, Albany county 53 
 
 in Lawrence Brook, Franklin county 53 
 
 in Otsego Lake 49 
 
 with nets in inland lakes 49 
 
 in Seneca Lake ... 51 
 
 in Fa>l Creek, Ithaca 52 
 
 in Niagara River 39 
 
 in Lake Champlain 39 
 
 in waters in Warren county 42 
 
 through ice in trout waters prohibited 31 
 
 near fishways prohibited 37 
 
 Fish culturist — 5 
 
 Fish and game on private grounds 71 
 
 Fishways . 78 
 
 sign-boards 36 
 
 in St. Lawrence and Franklin counties 118 
 
 Fish which may be placed in Adirondack waters 39 
 
 Forest Preserve 80 
 
 Commissioners' powers and duties 81 
 
 arrest of violators on 93 
 
 taxation of lands of 116 
 
 Fowls, wild, close season, general law 21 
 
 manner of killing 21 
 
 Franchises for shellfish cultivation 68 
 
 Fur bearing animals, Cayuga county 109 
 
 Cattaragus county , 110 
 
132 
 
 Fur bearing animals — {Continued ) ; page. 
 
 Jefferson county 109 
 
 Livingston county 110 
 
 Madison county 110 
 
 Oneida county 110 
 
 Otsego county 110 
 
 Wayne county 109 
 
 G. 
 
 Game and fish on private grounds 71 
 
 Garbage, etc., not to be thrown in Long Island Sound 61 
 
 Grouse, close season, general law 23 
 
 close season, Long Island 55 
 
 possession of, general law 23 
 
 transportation of, general law 24 
 
 Gardiner's Island law 66 
 
 H. 
 
 Hares, Long Island law 57 
 
 Herring, close season, Hudson River 43 
 
 Homing pigeons protected Ill 
 
 Hounding deer prohibited , 15 
 
 I. 
 
 Ice, fishing through, prohibited in trout waters 81 
 
 prohibited at Thousand Islands 101 
 
 prohibited in Warren county waters 45 
 
 prohibited in St. Lawrence county wat ers 45 
 
 prohibited in Owasco Lake 114 
 
 in certain waters allowed 46 
 
 with set lines 46 
 
 International Park . ... 107 
 
 Ithaca, Fall Creek fishing 53 
 
 J. 
 
 Jamaica Bay, netting law 58 
 
 Jack light hunting deer prohibited 13 
 
 Judgments, how collected 74 
 
 Jurisdiction of courts 76 
 
 K. 
 
 Kings, Queens and Suffolk counties, law 54 
 
 L. 
 
 Lake trout, size to be taken , 36 
 
 Lake Champlain netting law 39 
 
 Erie netting law 40 
 
 Ontario netting law 40 
 
 Land-locked salmon, close season, general law S3 
 
 close season, Long Island 57 
 
 Lands, partition of • 83 
 
 Laying out private parks 70 
 
 Laws of supervisors repealed. 99 
 
133 
 
 PAGE. 
 
 for cultivation of shellfish 66 
 
 Limitation of shellfish, lease law 67 
 
 Licensing of fish nets, general law 50 
 
 Little River, Albany county, fisKlaw 52 
 
 Lights hunting deer;;prohibited 15 
 
 Long Island Sound, special provisions 54 
 
 Suffolk county franchises 68 
 
 Lobsters, size of , general law 65 
 
 M. 
 
 Meadow hens, etc., close season, Long Island 59 
 
 Meadow larks, etc., close season, general law 26 
 
 close season. Long Island 55 
 
 Meshes of nets, general law as to>ize 50 
 
 Coney Island Creek 48 
 
 Mongolian pheasants, general law 27 
 
 Moose, protection of • ^"^ 
 
 Muscallonge, close season, generalllaw 85 
 
 Chautauqua Lake] 11^ 
 
 O. 
 
 Oswego bass, close season, general law 33 
 
 Otsego Lake, fishing law 49 
 
 Oyster protectors] 60 
 
 beds protected 62 
 
 how sold in shells. 65 
 
 dredging of, regulated 64 
 
 Hudson River regulation 62 
 
 Harlem River regulation 62 
 
 South Bay regulation 66 
 
 Staten Island waters regulation • • • • 65 
 
 ^^ ^' 69 
 
 Parks, private °^ 
 
 International 107 
 
 laying out '^^ 
 
 Partition of lands ^ 
 
 Panthers, bounty on 18 
 
 Partridge, close season, general law 23 
 
 close season. Long Island 55 
 
 Pickerel, close season, genei'al law 33 
 
 close season, Thousand Islands 161 
 
 Pike, close season, general law 33 
 
 close season. Thousand Islands 101 
 
 wall-eyed, close season 33 
 
 Peace officers, powers of 1^ 
 
 Pheasants, general law 27 
 
 Pigeons, homing, protected HI 
 
 Plover and other birds, close season 25 
 
 Polluting streams ^ 
 
 oyster ground waters 61 
 
134 
 
 PAGE. 
 
 Powers and duties of fire wardens 86 
 
 of protectors and foresters on Forest Preserve 92 
 
 Protectors, fish and game, duties of 9 
 
 Prosecutions 72 
 
 Punishment for misdemeanor 77 
 
 Q- 
 
 Quail, close season, general law , 22 
 
 possession of 22 
 
 transportation of 24 
 
 Queens county, special provisions 54 
 
 B. 
 
 Baking clams, regulated 64 
 
 Rabbits, close season, Long Island 57 
 
 Railroad companies, duties as to fires 84 
 
 Raritan Bay, netting law 44 
 
 Recoveries, how disposed of 75 
 
 timber trespass, disposition of 88 
 
 Report of Commissioners, general 6 
 
 as to Adirondack Park 97 
 
 Forest Preserve leases 96 
 
 as to income from Preserve , . 83 
 
 as to receipts of fines, etc 76 
 
 Report of protectors and foresters 9 
 
 Right of search at Thousand Islands 103 
 
 Robbins Island law 56 
 
 Robbing birds' nests prohibited , . . . 26 
 
 S. 
 
 Salmon, close season, general law 36 
 
 transportation of 83 
 
 not to be disturbed while spawning 32 
 
 Salmon trout, close season, general law 32 
 
 close season. Long Island 57 
 
 Salt water striped bass, size of 37 
 
 Sawdust running in streams 29 
 
 Screening streams, general law 80 
 
 Search warrants 77 
 
 Seneca Lake, fishing law ,.... 51 
 
 Signs not to be defaced, penalty 72 
 
 Shellfish ; 60 
 
 not to be gathered by nonresidents 64 
 
 franchises for cultivation of, Suffolk county 68 
 
 leases for cvdtivation of 66 
 
 Shad, Hudson and Delaware Rivers, law 43 
 
 Richmond county law 44 
 
 Sherriffs and police officers, powers 10 
 
 Snaring game birds prohibited, general law 26 
 
 Snipe, close season, general law , 25 
 
 close season, Long Island 55 
 
136 
 
 PAGE. 
 
 Special protectors and foresters 10 
 
 Spearing in Lake Ontario, Jeflfersoa county 53 
 
 Squirrels, close season, general law 17 
 
 close season, Long Island 58 
 
 State reservation on the St. Lawrence River 107 
 
 Staten Island, clam and oyster regulations 65 
 
 Starfish 63 
 
 Striped bass, size of 37 
 
 Stocking waters from streams 30 
 
 Suffolk county, special provisions 54 
 
 Supervisors are fire wardens in some toAvns 88 
 
 may raise money to enforce this law 99 
 
 Queens and Sufliolk counties, powers 59 
 
 T. 
 
 Taking fish by drawing off water 29 
 
 Taxation of Forest Preserve lands 116 
 
 Thousand Islands, fishing law , 100 
 
 protector for , lOl 
 
 Thumping or scaring fish into nets 51 
 
 Trout, close season, general law 31 
 
 close season, Long Island 56 
 
 salmon, close season, general law 33 
 
 salmon, close season, Long Island 57 
 
 transportation of. 33 
 
 size to be taken, general law 31 
 
 not to be disturbed while spawning 33 
 
 Transportation of venison 16 
 
 trout 33 
 
 partridge 24 
 
 grouse 24 
 
 woodcock , 24 
 
 Trapping deer 15 
 
 game birds , , 26 
 
 Trees, cutting of, on Forest Preserve 89 
 
 Trespass on Forest Preserve, actions for 88 
 
 V. 
 
 Venison, possession of 14 
 
 transportation of 16 
 
 Violators on Forest Preserve, arrest of 93 
 
 W. 
 
 Waters not to be stocked from streams 30 
 
 Wall-eyed pike, close season, general law 34 
 
 Warrants of arrest 77 
 
 Warrants, search , . 77 
 
 Warren county, fishing in certain waters 43 
 
 Wild birds protected 25 
 
 Wild fowl, close season, general law 21 
 
 close season, Long Island ^ . 54 
 
136 
 
 Wild fowl — (Continued) : page. 
 
 manner of killing, general law 21 
 
 manner of hunting, Long Island 54 
 
 Witnesses 78 
 
 fees of 73 
 
 Woodcock, close season, general law 23 
 
 close season, Long Island 55 
 
 Richmond county , 19 
 
 Clinton county 23 
 
 Essex county 23 
 
 W arren county 23 
 
 possession of, general law , !; 23 
 
 transportation of, general law 24 
 
 Y. 
 
 Yarding deer prohibited 17 
 
 LB N '08