O r o " o ^a ^0^, <^ '» "\>^\'. ^. > •^. -^^0^ ^^ -f -^-0^ "oV ^y^^ y < ^ -^ ,0' O ■^^^ 1* •-0 b y ■ 0^ o A^ . ■^ -^ 1 T> V ~/r?-^- ' •^ t^^'*. ^\'-' V^^ I- %.^ ^iS ^J^ THE FISH AND GAME LAW OF THE STATE OF NEW YORK PROVIDING FOR THE Protection, Preservation and Propagation of Birds, Fish and Wild Animals, AS REVISED AND ENACTED BY THE LEGISLATURE OF 1895. •^' ALBANY : BANKS & BROTHERS, PUBLISHERS. 1895. t-^ Copyright, Banks & Brothers, 1895. State ok New York. COMMISSIOlSrEES OF FISHERIES, GAME AND FORESTS. BARNET H. DAVIS. Palmyra, N. Y., President. HENRY H. LYMAN, Oswego, N. Y. WILLIAM R. WEED, Potsdam, N. Y. CHARLES H. BABCOCK, Rochester, N. Y. EDWARD THOMPSON, Northport, L. I., N. Y. FRANKLIN B. MITCHELL, Albany, N. Y., Secretary. STANDING COMMITTEES. Forest Preserve and State Lands.— Messrs. Weed, Lyman, Davis. Executive. — Messrs. Lyman, Babcock, Davis. Hatcheries, Fish Culture and Game.— Messrs. Babcock, Thompson. Davis. Shell Fish, Licenses and Permits.— Messrs. Thompson, Lyman, Davis. Legislation.— Messrs. Davis, Weed, Babcock. THE GAME LAW. Chap. 974. AX ACT for the protection, preservation and pi'opaj]ra- tion of birds, fish and wild animals in the State of New York and the different counties thereof. Became a law June 7, 1895, with the approval of the Governor. Passed by a two thirds vote. The People of the State of Neio YorTc, represented in Senate and Assemhly, do enact as follows : Section 1. Article three of chapter four hundred and eighty- ?iglit of the laws of eighteen hundred and ninety- two is hereby amended to read as follows: ARTICLE III. Quadrupeds. Section 40. Deer, closears, wolves and panthers, bounty. 53. Claim for bounty; how proven. '54. Cprtificate to be issued. o5. County treasurer to pay certificate. 5 40. Deer, close season. — ^Wild deer shall not be caught, shot at, hunted or killed except from the six- teenth day of August to the thirty-first day of October, both inclusive. No person shall kill or take alive more than two deer in any season. And in the counties of Ulster, Greene, Sullivan and Delaware no wild 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 Ihis section as to dose season shall not ai)ply to Long Island. This section shall not be so construed as to pre- vent any pers«' ])rosniHi)tive evidence of the violation of this section. Whoever shall violate or attempt to violate the provisions of tliis section shall he deemed jiiaiUy of misdemeanor and in addition thereto shall hi' liable to a penalty of one hnndred dollars for each fawn canj;lit, killed or possessed in violation of this section. § 4.3. Traps. — Traps or any device whatsoever to catch or entice deer, inchiding- s-alt-liclcs, shall not be made, set or nsed, and deer shall not be cauglit, hunted or killed b^^ aid or use thereof. Whoever siiall violate or attemi)t to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition therelo shall bt^ liable to a penalty of one hnndred dollars for each viola- tion thereof. § 44 Hounding. — Deer shall not be hunted witli dogs except from the tenth day of Septembin* to the tenth day of October, both inclusive. Dogs of the brinnl commonly used for hunting deer shall not be permitted by the owner or person harboring the same to run at lai'ge <^xce])t between such dates in the forest where deer inhabit. Deer shall not be himted walh dogs in the counties of St. Lawrence, Delaware, Greene^, Ulster or Sullivan at any time. The provisions of this section as to the close sea- son shall not apply to Long Island. Wlioever sliall vio- late or attempt to violate the i)rovisinns of tliis section sliall be deemed guilt}- of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dol- lars for- each violation thereof. § 45. Dogs may be killed. — Dogs, while chasing drer in violation of law, nuiy be killed by any person. § 40. Transportation. — Deer or venison killed in this State shall not be transported to any point witliin or without the State from or through any of the countless thereof or possessed for that purpose, except as folhiws: One carcass or a part thereof may be transported from the county where killed when accompanied by the owner. No individual shall transport or accomx)any more tlian two deer in any one year under tlie above provision. The possession 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 ov^mer, 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 severed from* the body. Wlio- 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 of one hundred dollare for each wild deer or part thereof, had in possession in violation of this section. § 47. Crusting and yarding'. — Deer shall not be hunted, killed or captured by what is commonly known as crusting, nor while they are yarded. Whoever shall violate or attempt to violati* the jiiovisions of this seclicm shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundri'd dol- lars for each violation thereof. § 48. Moose, caribou and antelope. — Moose, caribou or antelope shall not be himted. killed or possessed or sold during the closie season for the possession of deer or venison, after the same have been killed. Whoever shall violate or attempt to violate the provisions of ihis section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hun- dred dollars for each violation thereof. § 49. Black and gray squirrels, hares and rabbits. — Black and gray squirrels, hares and rabbits shall not be hunted, shot at, killed or possessed, except during the months of September, October and November, excepting, however, that in the counties of Saint Lawrence, Frank- lin, Essex, Clinton, Lewis, Warren, Hamilton, Heikimer, Saratoga, Washington, Onondaga, Oswego, Dutches^?, Steuben, Orange, Eichmond and Delaware rabbits may be hunted, shot at, killed and possessed, except from the first day of Marcli to the thii'tietli day <;f i^epteinbcr fol- loviBj?, both iucliisivc. The use of feiTels hi the liunt- iiijj^ of rabbits is hereby prohibited, 'i'he ])rovlsioTH in this section shall not apply to Long Island. TMioever «hall violate or attempt to violate the jaovisionn of this section shall be deemed guilty of misdemi'anor, and in addition tln-n^to s-liall be liable to a penalty of Iwenty- five dollars for each violation thereof. The county of TVayne is hereby exempt from the provisions of this sec- tion in so far as it relates to the killing of hares and rabbits. § 5i:. Wolves and panthers, bounty. — A bounty of thii'ty dollars for eacli grown wolf, fifteen dolhirs fin- each jtup-vvolf, and twenty dollars for eavh panlher sh.ill be pai'l to any person who shall kill such animals in the ^tate. >; 5-?. Claim for bounty ; ho-w proven. — Th" killing of a wolf or panther shall be jn'oved by ii.riidavil i^atis- facfoiy 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 skuJl i;hall be "by them burned, and the skin branded, so as to be capable of identification. ^ '>-l. Certificate to be issued. — The supervisor and jr.stice 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 amount of bounty to whicli the person is entitled. § 55. County treasurer to pay certificate.— The county treasurei' to whom such certificate is direcVf^d shall pay the amount of bounty specified in said cevtifi cate to the person holding the same, out of the funds of the county, and on the presentatiou of said certificate to the comptroller, he shall allow the amount thereof lo the county by which it was paid in settlement of taxes dua therefrom. § 2. Article four of chapter four hundred and eighty* eight of the hiws of eighteen hundred and ninety-two, is hereby amended to read as follows: AETIfXE IV. Birds. Section 70. Wild fowi; close season. 71. Manner of killing. 72. Quail; close season. 73. Quail; wh'?n not to be possessed. 74. Woodcock and grouse; close season. 75. Woodcock and grouse; when not to be pos- sessed. 7G. Woodcock and grouse; when not to be trans- X)orted. 77. I'lover and other birds; close season. 78. Certain wild birds protected. 70. Meadow larks; clos'?" season. 80. Destroying or robbing nests. 81. Snaring, netting or trapping certain game birds forbidden. 82. "Mongolian riiig-necked ])heasant. S3. Authorify 1o collect birds, et cetera, for scien- tific purposes. 84. Steps to be taken to procure certificate. 85. Time for ^^llich certificates shall be in force. § 70. Wild fo-wl ; close season. — Web footed wild fowl, except geese and !)rant, shall not be pursued, shot at, hunted, killed, possessed or sold between the last dar 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 9 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 t^wenty five dollars for each bird killed, trapped or possessed contrary to the pro- visions of this section. § 71. Manner of killing.— Web-footed wild fowl shall not.be pursued, shot at, hunted, killed or caught in any wny, save with 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 lloating device; nor by the use of any boughhouse at a greater distance tlian 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 possessed. 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 mis- demeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed conUury to the ijrovisions of this section. § 72. Quail; close season.— Quail shall not be pur- sued, shot at, hunted or killed, except during the mouths of November and December. 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 pro- visions of this section. § 73. Quail ; when not to be possessed.— Quail shall not be sold or possessed except during the months of November, December and January, but possession thereof during the month of January 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 lawful periods for killing the same, or outside the State, and they shall not be killed or possessed in the counties 10 of Genesee, Wyoming-, Orleans, Livingston, Monroe, Cayiiga, Seneca, Wayne, Tompkitis. Tioga, Onondaga, Ontario, Steuben, Cortland and Otsego, prior to tlie first day of ISTovember, eighteen liundred and ninety-eight. The provisions of this section shall not apply to Bobbin's Island and Gardiner's Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed gnilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty -five dollars for each liird killed, trapped or possessed contrary to the pro- visions of this section. g 74. Woodcock and grouse ; close season. — Wood- cock, raffed gronse, commonly known as partridge, or any member of the grouse family, shall not be pursued, shot at, hunted or killed except from the sixteenth day of August to the thirty-first day of December, both inclu- sive. The iH'ovisions of this section shall not apply to Long Island. Whoever shall violate or attempt to vio- late thje 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. § 75. "Woodcock and grouse ; when not to be pos- sessed.^ — ^ Woodcock, nilled grouse, commonly known as partridge, or any member of the grouse family, shall not be sold or possessed except from the sixteenth day of August to the thirty-first day of January following, both inclusive, and possession or sale thereof during 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 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 i>enalty of twenty- 11 five dollars for eacli bird killed, trapped or possessed contrary to the provisioDs of this sectiou. § 76. Woodcock, quail and grouse ; when not to be transported. — AVoodcoek, ruffed j:;r()iis<^, eomnioiily known as partridge, or any member of the grouse family, or quail killed in this ^^tate, shall not be transported to any point within or withont this State, from or through any of tlie counties thereof, or possessed for that purpose, except that such birds may be transport(^d from the county where killed, when accompanied by the owner tliereof. I'ossession of the birds named by a common carrier, or by any person in its employ then actually engaged in the business of such common carrier, unac- companied by the owner, shall constitute a vioiiition of this section by such common carrier. 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 twenty-live dollars for each bird killed, trapped, snared oi- possessed contrary to the provisions of this section. § 77. Plover and other birds ; close season. — Wil- sons, commonly knoANii as English snipe, plover, rail, mnd-hen, gallinule grebe, bittern, surf-bird; curlew, Avater 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 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 gnilty of misdemeanor aud in addition thereto shall be liable to a penalty of twenty-tlve dollars for each bird killed, trapped or possessed contrary to the provi- sions of this section. § 78. Certain wild birds protected. — Wild birds shall not be killed or caught at any time or possessed after the same are dead. This proAision does not affect any birds the killing of which is prohibited between certain dates by the provisions of this act, nor does it protect 12 the English spai'i'ow, ctow, hawk, crane, rayen, crow bhickbiid, common blackbird and king-fisher; and it does not ai>i)ly to any person holding a certificate under the pTOA-isions of this act. AAlioever shall violate or attempt to violate the provisions of this section shall be deemed giiilty 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. § 79. Meadow larks ; close season. — Meadow larks shall not be shot at, killed or jtosscssed after tkey are dead, at any lime. AVhoe\er shall violate or attempt to violate the proAisions 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, trai)ped or possessed contrary t() the provisions of this section. The provisions 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 needlessly destroyed unless when necessary to i>rotect buildings or prevent their defacement. This section does not apply to the English sparrow, hawk, crane, crow, raven, crow black- bird and common blackbird or kingfisher. Whoever shall violate oi- attempt to violate the provisions of this sec- tion shall be deemed guilty of a misdemeanor and in additi(m thei-eto shall be liable to a penalty of twenty- five dollars foi' each nest robbed or destroyed contrary to the provisions of this section. § 81. Snaring, netting or trapping certain game birds forbidden, — English pheasants, ruffed grouse, commonly known as partridge, or any member of the grouse family, or quail, shall not be trapped, netted or snared, nor shall any person possess any of said birds so taken, nor shall any net, trap or snare of any kind com- monly used for taking rufi'ed grouse, or any member of the grouse family, or quail, be set. Any such net, trap 13 or snare is declared to be a public nuisance and may lie abated and summarily destroyed. Whoever shall ^iolate or attempt to violate the provisions of this section shall be d( emed guilty of misdemcanoi' and in addition tliereto shall be liable to a penally of twenty-five dollars for each bii'd Idlled, trapped, snared or possessed contrary to the provisions of this section. ^ 82. Mongolian ring-necked pheasant. — Xo person shall kill, expose for sale or have in his or her ])ossession af fer the same has bemi killed, any wild Mongolian ring- necked pheasant (phasius tonpiatus) prior to tli<^ year eighteen hundred and ninety-seven. Whoever shall \\o- late or attempt to violate the jirovisions of this section shall be deemed guilty' of misdemeanor and in addition thereto shall be liable to a penalty of twenty-live dollars for each bird killed, tt-apped, snared or possessed con- trary to the provisions of this section. § s:?. Authority to collect birds, et cetera, for sci- entific purposes. — Tertiticates may be granied by any incorporated society of natural history in tlie Stare or by the regents of the university of the State of IS'ew York, through such persons or officers as said society may designate, to any properly accredited person of the age of eighteen years or upwards, permitting tlie holder thereof to collect birds, their nests, or eggs for strictly scientific purposes only. In order to obtain siicii certifi- cate the applicant for the same must present to tlie per- s(in or persons having the i)ower to grant said certifi- cates written testimonials from two well-known scientific men, certifying to the good character and fitness of said applicant to be intrusted 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 dollar to defray necessary expenses attending the granting of such certificate, and must file with said persons or officers a i^roperly executed bond in the sinn of two hundred dol- 14 lars, signed by two responsible citizens of tlie State as sureties. This bond shall be forfeited to the State and the certificate become void upon proof that the holder of such certificate has killed any bird or taken the nest of eggs of any bird for other than the purposes above mentioned, § 85. Time for whicli 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. § 8. Article five of chapter four hundred and eighty- eight of the laws of eighteen hundred and ninety-two, is hereby amended to read as follows: ARTIf'LE V. Fish. Section 100. Polluting streams. 101. Taking fish b}' drawing off water forbidden. 102. Unlawful devices and explosives prohibited. 103. AYaters not to be stocked from streams. 101. Fishing through the ice in waters inhabited by trout, et cetera, forbidden. 105. Trout; close season. 100. Trout not to be taken unless six inches in length. 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 tjo be taken less than eight inches in length. 112. Muskallonge; close season. 113. Salmon; close season. 15 Section 114. i^Jalmon *i(»t to be takeu less than eighteen inch( s in h'n,t;lh. 117. Hiun-boai'ds near hshwa.ys. 118. Fi^]iin Outar-io, I^ake Erie, the Hudson and Niagara rivers. Whoever shall violate or attempt to violate the provisions of this j-'ocnion shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty- i\\o dollais for each violation thereof and ten dollars for each fish so caught or possessed. § 105. Trout ; close season. — Trout of any kind shall no! be fished for, caught, killed or possessed except from tlie sixfeenth day of April to the thirty-first day of Aiigusl, both inclusive. This section shall not apply to Long Island. \Mioever shall violate or attempt to \io- latc 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. § lOi;. Trout not to be taken unless six inches in length. — Trout of any kind, salmon trout or landlocked salmon, less than six inches in length, shall not be inten- tionally taken or 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 vio- 17 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 ten dollars for each fish so taken or possessed. § 107. Trout, et cetera, not to be disturbed while spawning. — Tront of any kind, salmon trout or land- locked salmon shall not be willfully molested or disturbed while upon their spawning beds during the close season, nor shall sucli fish or any spawn or milt from any such fish be taken or carried away while upon the sx^avvning bed«. Whoever shall violate or attempt to violate the pro\'isions 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 fish so taken, pos- sessed 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 Uie inland waters of tliis State, except from the first day of ilay to the thirtieth of September, both inclusive; pro- vided, 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 tln^ inland waters of thisi State during tilie close season, but possession of such fish during sucl; close season is forbidden and shall be deemed a violation of this section, unless it be proved by the possessor that such lish were not caught in such inland AAaters during tlie close season. The pi'ovisions ef this section shall not ai)ply to- Long Island. Whoever shall violate the provisions of this section, shall be deemed guilty of misdemeaiioi' and in addition thereto shall be liable to a pemilty of rwenty-five dollars for each violation and ten dollars for each fish so caught, killed or possessed. § 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 3 18 transported to any point within or withonl the State from or tliron^h any of the coimlies thereof, or possessed for that purpose, except when acoompaTiitd by the owner. Possessio)! th't'reof by a common carrier or hj any person in its employ then actually engaged in the business of such common carrier unaccompanied by the owmer shall constitute a violation of this section by such common carrier. Whoever shall violate or attempt to violate the ]:«*cvisions of ihis section shall be deemed guilty of mis- demeanor jtnd 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. § 110. Black "bass, Os-wego bass, pickerel, pike or wall-eyed pike in Saint Lawrence river ; close sea- son. — Blacli bass or Oswego 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 inclu- sive, and shall not be fished for, caught or killed in Lake George, except from the first day of August to the thirty-first day of December, both inclusive. I'ickerel, pike, or wall-eyed pike shall not be fished for, caught, killed or possessed except from the first day of May to the thirty-first day of January, both inclusive, except as provided inf section one hundred and forty-one. Pro- vided, however, that the commissioners of fisheries, game and forest shall have power tlo permit the taking or destruction of pickerel at any time in the waters inhab- ited by trout. 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 fish so caught, killed or possessed. § 111. Bass not to be taken less than eight inches in length. — Xo black bass, less than eight inches in length, shall be intentionally taken 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 19 return it to tlie waters from wliic li it was taken withont imnecessary injury. Wlioexer sliall A'iolate the provi- sions of t'liis section shall he deemed oniltv of misde- meanor and in addition thereto shall be liable to a penalty of ten dollars for each tisli so taken or possessed. § 112. Musk allonge ; close season. — Muskallonge shall not hv tislied for, cauiiht or possessed except from tlie thirtieth day of May to the last day of February, both Inelnsive. Whosoever shall violate or attempt to violate the provisions of this section shall be deemed "iiilty of misdemeanoi' and in addition thereto, ^hall be liable to a penalty of twenty-tive dollars for eacli violation and ten dollars for each iish so caught, killed or possessed. § llo. Salmon; close season. — Salmow shall net 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 ihis State be jtos- sessed. AN'hoever shall violate or attempt to \iolate the provisions of litis section shall be deemcl guilty of mis- demeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for ea<-h violation and ten dollars for each fish so caught, killed cr possessed. § 1 1 L Salmon not to be taken less than eighteen inches in length. — I>o salmon less than eighteen inches in lenglh shall be intentionallv taken alive from any of the waters of this State, nor possessi'd. and in case any stich fish is caught or taken the })erson taking it shall immediately place such fisit back in the waters frotii which it was taken without unnecessary ittjury. T\Tio- ever shall violate or attempt to violate the provisions of this sectiGit 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 tor each, fish so laken, killed or possessed. § IIT. Signboards near fish ways. — The commission- ers of fisheries, game and forest are required to maintain, fifty rods from any fishway erected by the State, and on 20 l)Ot]i sides of the stream, signboards containing- substan- tially the following notice: "Fifty rods to the fishway; all persious are by law prohibited from, fishing in this siieam between this point and the fishway." The provi- sions of this section shall apply to public waters only. § 118. Fishing near fishways prohibited. — Fish- ing or attempting to take fish by any device whateAer, within fifty rods of such fishway, erected by the State, and any interference with the signboards therc^ main- tained by the commissioners of fisheries, game and forest, is forbidden. Whoever shall violate or attempt to violate the provisions of this section shall be deeme«l guilty of misdemeanor and in addition ithereto shall be li-iblc to a penalty of twenty-five dollars for each violation and ten dollars for each fish so taken, killed or possessed. § 121. Salt-water striped bass. — ISTo salt-water strijDed bass less than eight inches in length shall be intentionally taken from any of the waters of this State^ nor i>ossessed; and, in case any such fish is taken, the person so taking it vshall immediately place such tjsli back into the water from which 5t 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 siiall be liable to a penaJtv of twenty-five dollars for v^ach viola- tion and ten dollars for each fish so taken, killed or possessed. § 4. Article six of chapter four hundred and eighty- eight of the laws of eighteen hundred and ninety-two, in hei'eby amended to read as follows: ARTICLE VI. Miscellaneous Pkovisigns. Section 130. Certain fish not to be placed in the waters of the Adiroudacks. 131. Saint Lawrence river, Niagara river and Lake Champlain, fishing by certain de- vices prohibited. 21 Section 132. Lake Ontario, Lake Erie, and ratt;!r;ni,i:iis creek, fisliiiiii;- by certain de\ices pio- liibited. 131. Meshes of nets in Lak(S Erie, Ontario and Cattaran<;us creelc. 13(). Takinji;- sliad, herring and otlicr lish in \]\v Hndson and Delaware rivers and other waters. 137. v^almon taken in nets from the Hudson river to he thrown back. 138. Richmond county and New York or Raritan bay; reguhitions as to nets. 139. Nets, not to be used in the Harleui river. 110. Exceptions as to Saint Lawrence and War- ren counties. 111. Certain fish may be caught through the ice in lakes named. 113. Eel-weirs. 115. Taking minnows for bait. IIG. Size of meshes in Coney Island creek regu- lated. 11!). Frosf 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. Thumi>ing. 153. Exceptions as to commissioners of fisheries, gamf and forest. § 130. Certain fish not to be placed in the waters of the Adirondacks. — No fish, fish fry, spawn or melt, except speckled trout, brook trout, brown trout, salmon tront, rainbow trout, Adirondack frost fish or laud- locked salmon, shall be placed in the waters of the Adirondack region except under the immediate super- vision and in pursuance of a resolution of the commis- sioners of fisheries. "WTioever shall violate or atteni])t to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be 22 liable to a penalty of five lumdred dollars for eaeli viola- tion thereof. § 131. Saint Lawrence river, Niagara river and Lake Champlain, fishing by certain devices pro- hibited. — No fisli 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 take bullheads, eels, suckers, cat-fish and pike or pickerel in Lake Champlain, except during the months of March, April and May, and in the waters of Niagara river in the county of Erie during the months of Nt to violate the provisions of this act shall be df-emed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each Aiolation thereof. § 132. Lake Ontario, Lake Erie and Cattaraugus creek, fishing by cartain devices prohibited. — No fish shall be fished for, caught or killed in any manner 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 milevS of the mouth thereof, or of any isla,nd therein; noi' in Lake Ontario, within one mile of the shore, or of nv.j island therein, nor ^vi1hin three miles of the mouth of the Niagara river, the waters of Lake Ontario in the county of Jefferson, included between Blue Rock Point, in the town of Prounville, and the town line between the tovns of Lyme and Cape \'incent, in- cluding Chaumont bay, (hitfin bay and Three ]Mile bay, in the county of Oswego, between the northerly line of the town of Mexico and Jefferson county line, are hereby exempt from Ike piovisions of this act, but sections one liuudrcd and ten, one linndrcd and eleven and one Imn- died and sixtv-ei^ht of this act shall ai>])ly to said waters. Fish taken contrary to the in'<^^'i*^>""« of this section shall not he knowini^ly possessed. Whoever shall violate or attempt to violate the provisions of t]>is ^ec- tion shall be jjinilty of misdemeamor and in addition thereto shall be liable to. a ]Knialty of one hundi'ed dol- lars for each violation thereof. § 134 Meshes of nets used in Lakes Erie and Ontario and Cattaraugus creek. — The meshes of nets ns-ed in Lake Erie and Lake Ontario and Cattarauj^ns creek shall not be less than one and one-eiv>' perch, may be caught by means of hoop-nets, fykes and gill-nets, in the Hudson river, Wallkill creek and in Eondout creek, below the dam at Eddyville and in 24 Wappingers creek; nets shall not be set or nsed north of the daiu at Troy between June first and September first' sturgeon may be also taken in the waters of the Hudson river with sturgeon nets of not less than seven inchest. Xothius in this section shall be construed as prohibiting^ the catching of fish with hook and line in Rondout creek at any time. § 137. Salmon taken in nets from the Hudson river to be thrown back. — Salmon, black bass, trout, salmon trout, and pike perch caught in nets, in ttshing for other fish in the Hudson river, shall be thrown back into^ the water without unnecessary injury. Whoever shall violate or attempt to violate the provisions of this sec- tion shall be deemed guilty of misdemeanor and in addi- tion thereto shall be liable to a penalty of twenty-iive dollars for each violation thereof. § 138. Richmond county and New York or Bari- tan bay; regulations as to nets. — No de\ice except angling shall be j)laced, drawn or used for the capture of any fish, except menhaden, in the waters of Raritan bay, nor in any waters adjacent thereto, in Richmltnd county,, except that shad may be talcen by shad-nets between ihe fifteenth day of March and the fifteenth day of .June, both inclusive, but said nets shall not be allowed to re- main in said waters from Saturday at sunset to the fol- lowing 'Monday at sunrise. Wtioever shall violate or attempt to violate the provisions of this section shnll be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollnrs for each violation thereof. § 139. Nets not to be used in the Harlem river. — Nets, set-nets, pounds or fykes shall not be used in Har- lem river or East river or the adjacent waters ')r con- fluent brooks within five miles* from Middlegate or be- tween said Middlegate and Fort Schuyler. This section shall not apply to nets used for catching lobsters or crabs in Harlem, North or East rivers. Whoever shall violate or attempt to violate tlie provisions of this sec- 2d lion shall be deemed f;inlty of luisdeiiK^aiior and in addi- tion thereto shall be liable to a penalty of one hnndred dollars for each violation thereof. § 140. Exceptions as to Saint Lawrence and Warren counties.— It shall be lawfnl to»fish at any time for perch, snckers, bullheads and pickerel with n(4s< and fykes, and to spear such fish throuj^^h the ice in any of the streams, ponds or lakes in Warren county, oxc(>ptin;;- that in Schroou lake, Lon}-- ])ond or Glen lake and Lak<> George the use of nets, spears and fykes is forbidden. No fish of any kind, except suckers and billfish or i;ar- pikes, shall be caught in Black lake, in Saint Lawrence county, or in the waters tributary to said hike, or in the OsAvegatchie river, from the boundaries of the city of Ogdensburgh to the village of Heuvelton, except from ihe first day of May to the fifteenth day of November, both inclusive. Nothing herein contained shall be construed as prohibiting the catching of fish by angling, in the waters of Black lake, in Saint Lawrence county, at any time, nor the use of spears in catching fish in said Pdack lake during the months of September, October and No- vember. No transportation company in Saint Lawrence or Jefferson counties shall transport any fish caught con- trary to the provisions of this section, and wIkmi nsli, at any time, are offered such conii»any for transportatio)i, they umy at their option refuse to accept the same until satisfactory proof is furnished that they were not c-.iugiit in violation of law. I?ossession thereof by a common carrier, or by any person in its employ then actually en- gaged in the business of such common carrier, unaccom- jianied by the o^vner, shall constitute a violation of this section by such common carrier. Wlioever 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 vio- lation thereof. § 141. Certain fish may be caught through the ice in lakes named. — I'ickerel, bullheads, catfish, eels, 4 26 percli and simfish may be fished for tlirougli tlie ice with hooks and lines or tip-iips in Lake Keiika or Crooked hike or in any of the waters of the State not inhabited bv trout, hike front, salmon front, black or Oswego bass or land-locked salmon or mnskallonge and by set lines in the Susquehanna river, and in the waters of Port bay, in the county of Wayne. Suckers, bullheads, eels and dog-fish may be caught at any time by means of hooking and spearing in Oneida lake and Oneida river or in any of the waters of the State not inhabited by trout, lake trout, land-locked salmon, muskallonge, black bass or Oswego bass. IMovided, however, that pike, pickerel and wall- eyed X'il^P may be taken with hook and line or spear, and muskallonge with hook and line, in any of the inland waters of this State not inhabited by trout, or salmon of any kind, during the months of December, Jaiiuary 'and iFebiuary. except in waters of Cortland county. Suckers, bullheads, and eels may be caught in Seneca lake with seines four lods in length and meshes to be not less than one and one-fourth inches in si/.e, with rope for hauling not tio be more than thiriy feet in length at each end of net, x>i"Oviding that permission so to do has been first 'obtained from the commissioners of fisli- eries, game and forests. § 143. Eel-weirs. — Eel-weirs, of which the laths are not less than one-half inch apart, may be maintained at any time in any of the inland waters of this State; pro- vided, that there be a clear passage at low-water mark for boats and fish of not less than ten feet in width. Eel- pots, of a form and character such as may b<: prescribed by the rules of the commissioners of fisherie.^, may be used in any waters not inhabited by trout, lake trout, salmon trout, or land-locked salmon. § 145. Taking minnows for bait — The provisions of this ii.t prohibiting the use or placing of nets and certain devices in waters of the State shall not apply to taking minnoAAs for bait, but nets for that purpose must not 27 exceed forty feet iu lengtli and four feet in dcplli, witli ropes at citlw'r end not exeeediui;' thirty f''t'u This ^-cc-- tion shall not authorize the placing or use of nets or any other device of a kind used for catchinj;- fish in -itreaias inhabited by tiont, nor the talcing- of ti'out by means of nets or other devices except angling in any watiMs. The provisions of this section shall not ajijily lo salt waters. § 14(). Size of meshes in Coney Island creek regulated- — The meshes of nets used in Coney Island creek to the month thereof, extcniding out into < i,'a\'esent that for eel and llounder fishing lioop-nets with suitable meshes may be used witliin said bay from the fifteenth day of October to the ihirty-Jirst day of March following, both inclusive. Whoever shall violate or attempt to violate the provisions of this sec- tion shall be guilty «>f niisd"meauor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof. J^ 149. Frostfish and whitefish may be taken with nets in certain lakes. — Frostfish and whitefish may be taken 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 seineSi having meshes not less than one and three-quarter inches 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 tii>-ups or set-lines. Frostfish, whitefish, catfish, sunfish, pumpkin seeds, bullheads, perch and suckers may also be taken with nets from inland lakes not inhabited by brook trout during such period, and in such manner and under such rules and regulations as the commissioners of fisheries, game and forf-st may prescribe, which rules and regula- tions may be amended or abrogated at any time. Such rules may be either general or special at the option of the commissioners and may lie published in such manner as 2S they mav 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 addition thereto shall he liable to a penalty of one hundred doHars for each violation thereof. § 150. Fishing with nets and other devices.— Fish- ing Avitli 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 pennitted 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-eighth-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 one hundred dollai's 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 purpose of granting all licenses to seines, fykes and nets in water vrhen 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 office of the secretary of state, and it shall be the duty of the secretary of state to print such rules and regulations in the volume Of session laws for the current year. Such rules and regulations shall take i^ftect 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 net>s used for catching uiinnows for bait, without a license having been obtained therefor in accordance with such rules and regu- lations, is prohibited. Whosoever shall violate or attempt (o violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be 29 liable to a penalty of one hundred dollars for each viola- tion thereof. The provisions of this section shall not a])plv to the salt waters of the State. § 1.52. Thumping'. — Sailing, rowing', pushing or float- ing in any boat or vessel or any waterv\ay, run or chan- 11(1 in which the wateis are too deep to draw a scMue in ihc usual way, or patroling the banks of such waterway, run or channel and at th" same time stamping, juini)ing, shouting, jtounding, beating or si)lasliing the waters, beat- lug or pounding the banks, waters or boats while a seine is set, drawn, held or floated at either end of such water- way, run or channel or the sides thereof with int-nt to frighten the fish out of the deep waters into sucii seine, and generally known as thumping, is forbidden. Who- ever shall violate or attempt to violate the provisions of th'iS section shall be diH'Uied guilty of misdenieano!' and in addition thereto shall be liable to a penalty of fifty dollars for each violation thereof. § 153. Exceptions as to commissioners of fisher- ies, game and forest. — The provisions of this act shall not be so construed as to prevent the commissloni-rs of fii-heries, game and forest, or pen-sons in their (nnploy j.ud vnider their direction from taking lish with iJ<'ts ."t such times and in such manner as they may direct for the pur- jjose of the artificial propagation of tish. § 5. Article seven of chapter four hundred and eigiity- eight of the laws of eighteen hundred and ninety-two, Is hereby amended to read as follows: AUTICLE VII. Special Pkovisions as to Kings, Queens and Suffolk Counties and Long Island Sound. Section 1(30. Article to apply to Kings, Queens and Suf- folk counties and Long Island sound only. 161. Close season for wild fowl. 102. Exception as to wild fowl. 163. Plover and other birds; close season. so Section 104. Woodcock and grouse; close season. 1G5. Bobbins and (rardiners islands. 100. Trout; close season. 107. Salmon trout and land-locked salmon; close season. 108. Black bass; clo^e season. 109. Hares and rabbits. 170. Deer. 171. Black and gray squirrels. 172. Jamaica bay. 173. Supervisoi's of Suffolk county; powers con- feried. 174. Destroying or robbing nests. 175. Meadow hens and other birds; close season. § IGO. 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. § 101. Close season for wild fowl. — Web-footed wild fowl shall not be shot at, hunted, killed or possessed from the first day of :May to the thirtieth day of Septem- ber, both inclusive, nor «hall th" same be pursued, shot at, hunted or killed between sunset and daylight. Who- ever 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, trapp.'d or pos- sessed contrary to the })rovisions of this section. § 1*.2. Exceptions as to wild fowl.— Floating de vices may be used for the purpose of shjooting web- footed wild fowl therefrom in Long Island sound. Great South Bay, west of Smith's Point, Shinnecock and Pe- conic bays, and in any part of said counties said birds may be pursued and killed from boats propelled by hand, and from any sail boats in Long Island sound, Gardiner and Peconic bays. Whoever shall violate or attempt to violate the provisions of this section shall be deemed 31 jTiiilty of misdemeanor, mid in addition thereto shall be liable to a penalty of t^yenty-tive dollars for each bird killed or possessed coiitrary to the provisions of this sec- lion. i^ 1(>3. Plover and other birds; close season. — Plover, curlew, jack snijK', bitter-n, ^Yilsons, commonly known as En<;lish snipe, yellow lej's, Killdeer, Willet snipe, dowitcher. short-necks, rail, sand-piper, bay snipe, surf snipe, winter sni[)e, rin.u-necks and oxeyes shall not be shot at, hunted, kilh^d or possessed, except from the first day of July to tlie thirty tirst day of December, borli inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed i;uilty of misdemeanor and in addition (heieto shall be liable to a })eTialty of twenty-five dollars for each bird killed, trapjK'd or possessed contrary to the provisions of this section. § KM. Woodcock and grouse; close season. — Huffed grouse, commonly known as ]>artridge, or any member of the grouse family or meadow larks shall not be hunted, shot at or killed from the first day of January l(» tht thirty-first day of ()ctol)er, both inclusive. Wood- cock shall not be hunted, shot at or killed from the first day of January to the thirty-fiist day of July, inclusive. Xor shall either of such birds be possessed, dead or alive, or sold after the thirty-first day of January until the »Mid of the close season for such birds respectively. Posses- sion thereof during the month of January is forbidden and shall be deemed a violation of this section, unless it be ju'oved by the possessor or seller that said birds ''\« re killed within the lawful period for killiug the same 01- out of this State. Whoiner shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall l)e liable to a penalty of twenty-five dollars for each bird killed, flapped or possessed contrary to the pro\'isions of this section. 32 § 165. Robbins and Gardiners island.— Quail may be shot on Bobbins island so lono- as it remains the pi-op- eity of the Bobbins island club, and on (lardiners island, from the fifteenth day of October to the thirty-first day of January foUowinji, 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. Who- ever shall violate or attempt to violate the provisions of this section shall be deemed jiuilty of misdemeanoi'. § 166. Trout ; close season. — ^Trout shall not be fished for, caught, hilled or sold as food except from the twenty- ninth day of March to the thirty-first day of August, 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. ^ 1(>7. Salmon trout and land-locked salmon ; close season. — Salmon trout and land-locked salmon shall not be fished for, caught, killed or possessed except from the first day of April to the thirtieth day of September, both inclusive; provided, howevfn-, 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, bnt possession of such fish dur- ing such close se^ason is forbidden and shall be deemed a violation of this section, unless it be proved by the pos- sessor that such fish were not caugM in such inland waters during the dose season. Who*' ler shall violate or aliempt to violate the provisions of fiis section shall be deemed guilty of misdemeanor and ' ^addition thereto shall be liable to a penalty of twenty-five dollars for eac!v violation thereof and ten dollars for each fish so caught. § 1G8. Black bass ; close season. — Black bass shall not be fished for, caught, killed or possessed except from tlu' thirtieth day of May to the thirty-first day of Decem- ber, both inclusive. Whoever shall violate or attempt to 33 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 viola- tion thereof and ten dollars for each fish so cang^ht. § IGl). 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 De- cember, botli inclusive. The use of ferrets in the hunting of rabbits is hereby prohibited. Whoever shall violate or attemi)t to violate the pro\'isi()ns of this section shall be deemed guilty of misdemeanor and in addition tliereto sliall be liable to a penalty of twenty-five dollars for each animal killed, trapped or possessed contrary to the i)ro- visions of this stH'tion. § 170. Deer.^ — ^ Shooting at, hunting with dogs or other- wise, or killing deer is prohibited for the period of two years from the passage of this act, and dm'ing a like period of every alternate two years tliereafter. During tJie open seasons or inteimediate periods of two years, deer shall not be shot at, hunted with dogs or otherwise, or killed, except from the tenth to the sixteenth day of Xovember, both inclusive. 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 violation thereof. § 171. Black and gray squirrels. — Black and gray squirrels shall not be hunted, shot at, killed or possessed 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 addition thereto shall be liable to a penalty of twenty-five dollars for each animal killed or possessed contrary to the provisions of this section. § 172. Jamaica bay. — Fish shall not be fished for, caught or killed by any device except angling in the 5 34 waters of Jamaica bay; ami nets shall not be placed in said waters for any purpose. The inlet from the ocean to Jamaica 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 bay every day of the year. This section does not prevent the catching of eels by the use of spear or eel-weir; or the capture of minnows oi* shrimp for bait by means of hand nets, not exceeding forty feet in length, and four feet in depth, nor the taking of refuse or debris from said water witli nets, the meshes of which shall not be less in size than six inch bar. Who- ever shall violate or attempt to violate the pro\dsions 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. § 173. Supervisors of Suffolk county ; powers con- ferred. — The board of sui)ervisors of Suffolk county shall, in addition to the powers herein conferred upon boards of supervisor's, have power to pass rules, regulations, laws and ordinances permitting, regulating, controlling or pro- hibiting the taking of fish and shellfish from or in the salt water of said county. § 174. Destroying or robbing nests, — The nests of wild birds known as meadow hens or mud-hens, the rob- bing 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 sea- son. — Meadow hens, mud-hens, gallinule or water chicken or grji'be shall not be shot at, hunted, killed or possessed from the sixteenth day of August to the thirty- first day of December, both inclusive. TNTioever shall violate or attempt to violate the provisions of this section 35 shall be deemed snUty of misdemeanor and shall in addition thereto be liable to a penalty of twenty-live dol- lars for each violation thereof. § G. Article (^ijiht of chapter four hundred ;ind eighty- eight of the laws of eighteen hundred and ninety-two, i« hereby amended to read as follows: Airri("LE VIII. Shellfish. Section ISO. t^tate oystei- pi'otector. 181. Salary and traveling- expenses. 182. Assistant to ]>rotector. 183. Salaries, how ])aid. 184. rollnting- waters. 185. (Garbage, et cetera, not to be thrown into Long Island sound. 187. Taking oysters from Hudson river for re- planting. 188. Close season in Harlem liver. 18!). Ovster beds j)rotected. 190. Non-residents not to gather shellfish. 191. Dredging and raking for oysters and clams regulated. 192. Sale of lobsters under certain size j>ro- hibited. 193. Oysters, liow sold, in shell. 194. Taking clams and oysters about Staten Island regulated. 195. Talving oysters in South bay regulated. 197. Leases for cultivation of shellfish. 198. Limitation of preceding section. § 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 com- missioners, the oyster regions of the State for the pur- pose of enforcing the provisions of this act and guarding the shellfish property thereof, who shall have the same 36 powers and duties with reference to shellfish as given bj law to game and fish protectors and foresters for the pro- tection of fish, game and forests. § 181. Salary and traveling expenses. — The salary of such protector shall be one thousand dollars per an- num, and he shall be allowed in addition his actual travel- ing and incidental expenses not exceeding seven hun- dred 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 service, together with his actual traveling and incidental expenses not exceed- ing five hundred dollars per year. * § 183. Salaries, how paid. — The protector and his assistant shall be paid their salaries and expenses in the same nmnner as game, fish and forest protectors are paid. §' 184'. Polluting waters, — -Sludge, acid and other refuse from any oil works, or sugarhouses. or from build- dngs connected with either of the same, or any sub- stance injurious to oyster culture shall not be placed or allowed to iiin into any waters within the jurisdiction of the State. This section shall not apply to refuse aris- ing from th(^ umnufacture of oil from menhaden or other oil-bearing fish. Whoever shall violate or attempt to violate the provisions of this s(M-tion sluill be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred 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 4:he wateis of Long Island sound or into the bays and harbors opening into the same, west of a line drawn from Old Field Point .due north to the boundary line be- tw^een New York and Connecticut and within two miles of the shore, and no starfish shall be thrown into any waters of the State. Whoever shall violate or attempt 37 to violate the provisions of this section sliall be jiiiilty of niisdenieanor and in addition thereto shall l)e liable to a penalty of one hnndred dollars for each violation fhereof. § 187. Taking oysters from Hudson river for re- planting-. — Oysters shall not be taken from the Hudson river nenalty of t.wenty-tive dollars for each violation thereof. .^ 189. Oyster beds protected. — Xo person shall tish for, take or catch any oysters or hard clams between half an honr after sunset and half an hour before snnrise, ex- cej)t in the waters of the Kill von Kull and the Arthur kill. Xo person shall in any wise inttM-feie with, take or disturb the oysters of anothiM-, lawfully jilanted, in any of the waters of the State, or lemove any stakes or buoys or any boundary marks of any planted beds. The presence of any person on said beds with drc^dycs oi- tonj;s overboard shall be considei-ed prima facie evidence of guilt. Whoever shall violate or attem|>t to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a ]»eualty of one hundred dollars for each violation thereof. ^ 190. Non-residents not to gather shellfish.. — Only ])ersons who have been actual residents of this State for six mouths shall be entitled to. gather shelltish from the waters of this State, excejit when such non-resident is emploj'ed for tkat purpose by a person authorized lo 38 gather the same. Whoever shall violate or attempt to violate tlie provisious 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. § 191. Dredging and raking for oysters and clams regulated.— Xo dredj;e operated by steam ])owei', lOr wei^binji' ovei- fifty pounds, shall be used on beds of natural hundred ;jnd seventy-three. Whocncr shall violate or attempt to vio- hite the provisions of this section shall be guilty of mis- demeanor and in addition thereto shall be liable to a penally of one hundred dollais for each violation thereof. ;j 102. Sale of lobsters under certain size pro- hibited. — Lobsters less than nine inches in length, measured from 4:. Taking clams and oysters about Staten Island regulated. — Oysters or clams, whether of nat- ural growth or planted, shall not be dug up, caught o! removed between half an houi- aftei' annum, nor for a hmger period than fifteen years. The moneys received for such leases shall be paid forthwith into the treasury of the State. The lessee shall immediately cause the grounds so leased to him to be plainly marked out by stakes, buoys or monuments, which shall be maintained by the lessee, iiis successor or assigns during the continuance of tli(' lease. Any controversy res])ectiug the bonndarie'i of lands so leased shall be determined by th.' commis- sioners on application of any ])arty thereto. The com- missioners may lemove sunnnarily from such lands i'.ny tenants A\ho neglect to ]iay rent. ^ li>s Limitation of preceding section.— The pre- ce-ding section does not limit the power of the commis- sioners of the land ofltice that any grant of land under water nuide by such commissioneis wher(- such land is actually occupied and in use for the cultivation of shell- fish shall be subject to the right of the occupant to occujiy and use such grounds for a juuiod not exceeding the unexj.ired term of his lease, noi- longer ihan twc 41 yenrs; nor does such section ap])ly to or affect lands under water owned, controlled or claimed under » Dlonial patents or lejiislative <2,rants hv any town or ((erson in the counties of Suffolk, (Queens, Kings or Richmond; lands nnder the waters of Gardiners and Peco^.iie bays ceded by the State to the county of Suffolk pursuant to chapter tbre* hundred and eighty-flvc of the laws of eighteen Imndred and eighty-five, en* lands under water in Jamaica bay. in the counties of Queens and Westches- ter, ^'oxhing in this act contained shall be construed as invalidating any leases, or franchises of land under watrivate ponds or 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 sliall violate the pro- visions of this section shall be deemed guilty of misde- meanor and shall in addition thereto be subject to ex- emplary damages in an amount not more tlian tweuty- fi\e dollars in addition to the actual damag-es sustained by the owner or lessee. .^ 211. Notices to be posted on private grounds. — The notice provided for in the last Siection shall be given by maintaining signboards at least one foot square upon at least every fifty acres of the premises sought to be ] noted ed upon or near the lot lines thereof, or upon or near the sliores of any waters thereon, in at least two conspicuous places, or by personal service of a notice containing a brief description of the premises and name of the owner or of 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 de- vote such lands, or lands and water, to the propagation or pr-otection of fish, birds or game may publish in a paper ]>rinted in the county within which such land or lands and water are situate, a notice substantially de- scribing the same and containing a clause declaring that such land or lands and water will be used as a private park for the pui^jose of propagating and protecting fish, birds and game. § 21 ;3. 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 trespassing thereon. 43 Such notice or signboards shall be placed not more than forty rods apart, alon<>- 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. AVli'-n the private property consists of a lake, jxuid or stn'aui only such notices shall be placed in at least four conspicucnis. places on or near the shore of such lake or i)ond, and one of such notices shall be placed on every half mile of surli stream in a cons})icuous 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 nc-ar such feuces not more than forty rods ajtart. § 215. Fish or game so protected not to be inter- fered with. — T^pon compliance with the foregoing [iro- visions for jue venting tres])a.ssing or for devoting lands to i>ro])agation of tisli, birds ;!ml gam(\ no person shall disturb or interfere in any way with the tisii oi- v.ild birds or wild animals while on the premises so protected, except with the consent of tlie owner or person ha\ ing the exclusive right toshoot,hunt or' fish thereon. Whoever shall violate or attempt to \ iolate the ])rovisions of this secticm shall be deemed guilty of misdemeanor, and shall, in addition thereto, be subject to exeiuplary damages in an amount not less than fifteen dollars, nor more than twenty-fiv(^ dollars, in addition to the actual damages sustained by the owner or less«M\ §216. Signs not to be defaced. — Signs }>laced pur- suant to the foregoing provisions shall not be defaced or removed under penalty of twenty-five dollars. § 8. Article ten of chapter four hundred and eighty- eight of the laws of eighteen hundred and ninety-two is hereby amended to read as follows: 44 ARTICLE X. Prosecutions. 8ec'iion 280. Actions, how entitled. 231. Authority to brinj>- actions. 232. Actions, where bi'onjiht. 233. Discontinuance. 234. Two or more penalties in one action. 235. Witness fees and disbursements in actions by people. 23(). Actions by persons or societies. 237. Judjiments recovered under this act, how collected. 230. KecoTery, how disposed of in actions by individuals. 240. One-half of recovery to jj^o to ])rotector. 241. Expenses of actions by i)eople, how ]);iid. 242. Keport of commissioners to legislature. 243. Arrest of offenders by i)rotectors and trial thereof. 244. Jurisdiction of coui'ts. 245. Punishment for misdemeanor. 24(J. Issue of warrants of arrest. 247. Search warrant, when issued. 248. Witnesses. § 230. Actions, hoTV entitled. — All jx'ualties imposed 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 actions. — Actions for penalties, as provided in section two hundred and thirty, shall be brought in the name of the peoph^ on order of the chief fish and game protector and by direction of either of the commissioners, who are hereby authorized, in their discretion, to employ special counsel to commence and maintain such actions, and the compensation of such special counsel may be fixed and allowed by the commis- j^ioners, and wherein any action brought under the provi- 45 sions of this chaptci-, judgment shall be lendered af?ainst the people of the State of New York, the eosts shall he paid only out of moneys in the hands of the eomniission- ei-s of tisheries, game and forest reeeivod from penalties collected under this act, and section thirty hundred and forty-one of the code of civil procedure shall not apply to any actions brought under the provisions of this chapter. § 232. Actions, where brought — Actions for penalties imposed by this act may be l)r()U<;ht in any town in the county where the penalty shall be incurred, or in the county \\here defendant resides, subject only to the ri<>ht to remove the same to any other county adjoinin<> that in which the penalty shall be incurred, or in which the action shall have been l)rou<;ht as aforesaid. fi)i' cause shown, as provided by the code of civil procedure. § 233. Discontinuance. — Actions for penalties in the name of the pe()j)le may be discontinued by order of the ('ourt upon the application of the chief tish and ht for the same violation in tlu^ name of the people^ and an order to that effect may be entered on motion of the chief fish and game protector and for- ester 01' one of the commissioners, on uotice to all th& parties thereto. Such motion .shall be entithnl 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 summons therein, and failure so to do shall be a defense to th(^ action. § 287. Judgments recovered under this act, how- collected. — All judgments recovered under the jirovi sions of this ai-t may be enforced by execution against the person; any person in prison ui)on such execution shall be so imprisoned for a i)eriod of not less than one day, and at the rate of one day for every dollar of such judgment when the same exceeds one dollar; no one shall be moro than once imprisoned, nor for a k)nger period than six months upon any judgment; such im- prisonm,ent shall not be a satisfaction of such judgment. § 2o8. Recovery, how disposed of in actions by the people. — The amount of fines imposed or penalties recovered and collected in all actions, settlements, com- promises or proceedings tiereafter or heretofore brought under the direction of a commissioner or upon the order of the chief fish and game lu-otector and foi-ester in the name of the people shall be disbursed by said board as hereinafter provided. Any officer or person failing 1o pay over any such money recovered by him shall be guilty of a misdemeanor, and shall be removed from 47 office, and a civil action may be brought against any sucli officer or person for the recover}^ of any such money received h\ liim in the name of tln^ people under the direction of either of the commissioners. § 239. Recovery, ho^w disposed of in actions by individuals.— One-half of the recovery in all aciions heretofore brought ov hereafter to be brought by an indi- vidual or society in his or its name shall be paid to the beard of commis.'jioners 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 recovered fr-om 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. § 210. One-half of recovery to go to protector. — The commissicuiers shall disjiose of the fines and penal- lies r(HH'ived by them as follows: They shr.ll deduct all the expenses incurred in the inipiisition or collecTion of such fines or penalties and shall pay one-lialf of the re- mainder to the protector and forester or special pro- tector and forester upon whose inforniation the action was brought. Kuch payment shall be made on the certifi- cate of the chief fish and game protector or foresier that such protector and forester is entitled ther(^to, and 1he certificate of the chief protector and forester shall be final. § 241. Expenses of actions by people, how paid. — The remaining money leceived by the board of commis- sionei's shall be ai)pli£d to the jfayment of t!ie expenses of actions for violation of this act on the certificate of the chief protector and forester. § 212. Report of commissioners to legislature. — The board of commissioners shall include in their annual report to the legislature a detailed report of their re- ceipts and disbursements under this article. 48 § 243. Arrest of offenders by fish and game pro- tectors and foresters and trial thereof.— Any pro- tector or peace otficer may, without warrant, a.rrest any person committing a misdemeanor nnder the provisions of tliis act, in his presence, and take such person imme- diately before a justice of the peace or police justice, or other magistrate, having jurisdiction, wha shall, after giving defendant reasonable time to prepare for trial, proceed without delay to hear, try and determine the matter, and give and enforce judgment according to the allegations and proofs. § 244. Jurisdiction of courts. — Courts of special ses- sions in towns and villages, and the several courts in cities having jurisdiction to try misdemeanors, as pro- vided by section fifty-six of the code of criminal proced- ure, shall have jurisdiction to try offenders in all cases oc- curring under this act, in the same manner as in other cases where they now have jurisdiction, aud to render and enforce judgment to the extent herein provided, and said courts shall have jurisdiction of all said offenses com- mitted within the county where said courts are held, in the same manner as though the defendant hsd been taken before a magistrate of the town where the offense was conmiitted. § 245. Punishment for misdemeanor. — Any person convicted of a misdemeanor under the provisions of this act shall be punished except as otherwise ]»r-ovided by this act by a fine of not less than ten dollars, nor more than a't the rate of one dollar for every dollar of the penalty provided by the section so violated under which he is convicted, or be imprisoned 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. § 24(). 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 49 sufficient proof by affidavit tliat any of the proyisions of this chapter have been vioh^ted by auy person tempo- rarily within his jurisdiction, but not residinji' tliere per- manently, or by any person whose name and residence are unknown, sliall issue liis ^^■arrant for tlic arrest of such offender and cause him to be committed or lield to bail to answer the charye ajiainst him. § 247. Searcli wa.rrant ; wlien issued. — Any justice of the iM't'ice, ])olice justice, county jud^c, jud^i' of any city court, or magistrate haviu<^ criminal jm'isdiction, upon receivinji" proof of juobable cause for l)elievinarts of laws inconsistent with this act are hereby repealed, bnt such repeal shall not affect or impair any act done or right accruing, accrued or acquired, or liahil- it}', penalty, forfeiture or punishment incurred prior to the time when this act takes effect, unday, . It shall not be lawful for any ]>erson not an in- habitant of the county of Suffolk, to take from the public grounds in the waters of said county, at any time by dredging, raking or in any otl'.er manner, any jingle, quarterdeck or other shells, for the purpose of transporta- tion and sale. § 1. Any person or persons violating any of the jh'O- visions of the foregoing section shall be deemed guilty of a misdemeanor, and for each offense shall be liable to a i^enalty of tifty dollars, or to imprisonment in the county jail for not less than twenty nor more than fifty days, in the discretion of the court. § 5. Any overseer of the poor of any town bordering upon the waters where any offense under tliis act is 64 committed, sLall prosecute for and recover the penal- ties spc-cified for any violavious of the provisions of tliis act, such penalties to be applied to the support of the p.or of the town in which such overseer shall reside. In case such over- seer shall refuse or neglect for a period of ten days to prose- cute, then any person who is an inhabitant of said county may prosecute for and recover any such penalties in his own name, and may retain one-half thereof; the other half, after deducting the one-half of the expenses of the prosecution, shall be paid to the overseer of the poor of the town where such person resides, for the support of the poor of said town. § G. This act shall take effect immediately. FUed, July 13, 1893, in the office of the Secretary of State. APPENDIX B. LICENSE AND RULES AND REGULATIONS. E:N'0W all men by these TRESENTS: That tho Boiird of Fisheries, Game and Forests of the State of New York do liei-eby license , resid- ing; at , eoiiuty of , Siate of New Yoi'k ; post-office address, , New Yorlc, to use in the waters of , in the town of , county of , State of New Yorlc, from the day of , 189. ., to the day of , 189. ., for the purpose of catchinj; the following kinds of fish, I5ut in no case shall this license be construed as atithor- izing the use of seines, fykes and nets for the purpose of catching trout, black or Oswego bass, pickerel, pike or wall-eyed pike, muskallonge or perch, and no fishing shall be done in violation of the rules and regulations of this board, which are hereto annexed and made a part hereof. In Witness WTiereof, the secretary of this Board has hereunto set his name and affixed the seal of such Board at the city of Albany, on the day of , 189.. Secretary of Board of FisTieries, Game and Forests of the State of New Yorli. 9 66 The Boabd of Fisheries, Game and Forests of the State of New York. Application paper for license to use seines, fyhes and nets. (Pursuant to section 151 of the Fisheries, Game and Forest Law, as amended by Laws of 1895, chapter 974.) I, , residing in , county of , State of New York; post- office address , New York, do hereby make application for a liceuse to use: (1) Kind of net (2) In tlie waters of (3) In the towns of (4) In the couuty of For the purpose (5) fish. of c; itching the following kinds of fish, i^uch waters are inhabited by the following kinds of Applicant. Dated, , 1S9. . We hereby recommend the granting of the foregoing application. P. O. address P. O. address Received, , 189 . . No , RULES AND REGULATIONS. Relating to the use of nets, adopted by the Board of Fisheries, Game and Forests, at the city of Albany, on the 10th day of July, 1895, pursuant to section 151 of the Fisheries, Game and Forest Law, as amended by chapter 974 of the Laws of 1895. C7 All licenses for nets shall be <;rante(l jHirsiinnt and subject to the following- rules, ie}:,ulations and icstrietions, which shall be plainly printed on the back of cacli license issued, and made a part thereof: 1. Only one kind of net shall be used under each license granted. 2. The license shall s])ecify Ihc kind of net to be used and the duration of the license. Licenses will be tii'«»nted for no longer than one year; all licenses granted duiing the year will expire on the lUst day of December follow- ing; and the Chief Fish, Game and Forest Protector may, at any time, in his discretion, revoke any license after notice to the licensee of the charges made against him. 3. A license issued, pursuant to these inh^s, is not transferable, and if a licensed net be used by any other person than the licensee, it shall be deemed forfeited. 4. A metal tag shall be issued with each license, upon which shall be stamped a nundier corres|)onding with the number of the license; such tag must be attached to the net, when in use. The licensee must exhibit his license when required to any Game Protector or peace officer of this Stat(\ or to any person designated by the Board of Fisheries, Game and Forests. 5. Licenses granted nuiy be for one seine, not exceeding 100 feet in length; two fyke nets, not more than three feet in diameter, with leaders not more than 50 feet in length, except in Lake Ontario and Lake Erie. G. Nets shall be set, drawn or used only between sun- rise and sunset, and no net shall remain in the water after sunset unless raising them is prevented by the weather. (This nile shall not apply to Lake Ontario and Lake Erie.) Fish of all kinds, except those permitted to be taken in nets by section 141), chapter 071, Laws of 1805, shall, with careful handling, be returned to the water im- mediately. 7. The mesh of all nets used under any license shall not be less than one and one-quarter inch bar (1 1-4 inch square). 68 8. A licensed net shall onlj' be used in the waters for which the license is given, and may be determined by the Commissioners and specified in the license. 9. A violation of any of these rules and regulations, or any hereafter adopted, or of the Game Laws of this State, shall be sufficient cause for the forfeiture of said license. 10. Any person holding a license, who shall forfeit tlie same by reason of being hereafter convicted of illegal fishing or shall violate any of these rules, slir.ll not there- after be granted another license, and no person shall be granted a license who, within the year preceding the application, has been convicted of illeg-al fishing. 11. All applications for licenses must be indorsed by two responsible persons. 12. All persons holding a license shall make monthly reports to the Chief Protector of all nets drawn, with a statement of number and kind of fish caught and the value of the same. 13. Each applicant shall, at the time of filing his appli- cation, pay to the secretary of this Board a fee of |1 for such license. 14. Xo pickerel, pike, black or Oswego bass, trout of any kiud, salmon, perch, wall-eyed pike or muskallonge shall be taken with nets under these rules and regula- tions; the license to be issued hereunder shall specify what fish may be caught. 15. The use of gill-nets will not be permitted in any of the fresh waters of this State, except in Lake Ontario and Lake Erie, more than one mile from shore, or from the islands therein, except as specially authorized by law. (xill-nets of not less than two-inch bar may be used in Lake Ontario and Lake Erie more than one mile from shore, after being duly licensed. Ki. Eel-pots must not exceed in length 5(i inches and in diameter not more than 12 inches, if round or other- wise, and not more than 12 inches square, if square in- 69 form; that the aperture or iiioiitli of all ('el-|)ots' shall not be more than one and one-half inches in dianietci', if round in form or oilierwii-e, and not more than one and one-half inches s(inare, if s({uare in form; and that there shall be no fixtures or win,us of any kind attached to or used in connection with eel-pots, intended to stop tish or to guide or force them into the mouth of the pot. 17. A bond to the people of the State of New Yorh, in the penal sum of .*."'>()0, with two sureties, to be a]»})i-oved by the Board of Fisheries, (lame and Forests, conditioned that the applicant or applicants will not violate or at- tempt to violate any of the provisions of the laws of the State of Xew York relating to the protection of gamc^ and fish, and that he or they will faithfully observe all the rules and regulations of the Board of Fisheries, Game and Forests, i-o far as the same are a})i)licable to, or made a part of, the conditions of the license, will be re(};iired before any license will be issued. IS. The Board of Fisheries, Game and Forests reserve the right to alter, amend, repeal or nmdify a)iy or all of the foregoing I'ules and regulations, and may adopt new ones at any time as they deem expedient. They may revoke any license granted hereunder at any time, and for anyrejison \\hich, to them, may seem su^Hciint. ]!Toth- ing contained in any of these rules and regulations shall be construed as compelling the issuing of a license to any person, nor to pre^■ent the re\ oking of such license at any time. APPENDIX C CHAPTER 395. AJN ACT to amend the game law aud to repeal chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three, entitled " An act in relation to the forest preserve and Adirondack park, constitut- ing articles six and seven of chapter forty-three of the general laws." Beca>ie a law April £5, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of ike State of New YorA', represented in Senate and Assembly^ do enact as follows: Section 1. The title to chapter four hundred and eighty- eight of the laws of eighteen hundred and ninety-two is hereby amended to read as follows: "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws and to be known as the fisheries, game and forest law." § 2. Articles one and two of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety- two, known as the game law, are hereby amended to read as follbws: Article 1. Fisheries, game and forest commission. 2. Game protectors' powers aud duties. 3. Quadrupeds. 4. Birds. 5. Fish. G. Miscellaneous and local provisions. 7. Special provisions as to Queens and Suffolk. 71 Article 8. i^hcll fish. 9. I'rivatc jironnds and parks. 10. Prosecutions. 11. Fish ways. 12. Forest preserve. 13. Adirondack park. 11. Laws icpealed, definitions and other provi- sions. ARTICLE I. Fisheries, Game and Forest Commission, Section 1. Short title of chapter. 2. Fisheries, fianie and forest commissioners, how appointed. 3. Terms of office of the commissioners. 4. Coumiissicners, comi>ensation and expenses. 5. Fish culturist. (>. Ottice 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 advice and consent of the senate, five commissi on (n-s who shall constitute the board of fisheries, game and forest. § 3. Terms of office of commissioners. — The terms of oftice 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 the yjresident of the commission. The conmiissioners shall designate one of their number as shell-fish ccmimissioner, who shall have entire charge of the shell-fish work of the commis- sion and shall certify to the commission as to whether the grounds applied for are beds of oysters of natural £:rowth. 72 § 4. Compensation and expenses of commission- ers. — Tiie president of tlie commission shall devote his entire time to the duties of his office, and shall receive an annual conpensation of five thousand dollars, payable in monthly installments, together with his actual and neces- sary' traveling expenses. The remaining four commis- sioners shall each receive one thousand dollars annually and necessary traveling expenses, not exceeding five hundred dollars payable in monthly installments. § 5. Fish culturist. — The board of commissioners ?hall appoint a fish culturist not one of their own number, who shall be known as the State fish culturist and who slnill ha\e charge under the direction of the commission, of the culture of all fish in the State, and ^^ho shall receive an annual salary of three thousand dollars and necessary traveling expenses. Said board may also appoint an as- sistant to said flsh culturist at an annual salary not ex- ceeding one iliousand five hundred dollars and necessary traveling expenses. ^ G. Office and clerical force. — The board shall have an office in the capitol at Albany, and shall hold meetings at such office on the second Tuesday in January, April, July and October, and at such other times and jilaces as the commissioners shall appoint for the transaction of business. It may, with the consent of the governor, have a branch office in the city of Xew York. It shall be al- lowed a secretary at a salary of two thousand dollars per annum, an assistant secretary at one thousand five hun- dred dollars per annum, and such other clerical assist- ance as shall be actually needed, together with the neces- sary contingent office expenses. The secretary may also be designated by the commissioners as engineer of the commission without further compensaticm, or the commis- sioners mnj appoint an engineer and fix his compen- sation. § 7. Duties of board of commissioners. — The duties of the board of commissioners shall be to propagate and io distribute food and game tislies, and shell fish, and to ke(>p lip the snpj)ly thereof in the various waters of the State, and for this purpose i( shall have the eondue! and contiol of such hatehin;;' stations as are now owned or operated hy the Stat(% and such as may be hereafter established. The board of eomniissieners shall also be cliarged with the enforcement of all laws passed for th'^ protection of fisli and game, and for the protection and preservation of the forest preserve, and shall have the care, custody and control of the Adirondack jiark and forest preserve, and shall have all the powers and duties imposed upon them by articles twelve and thirteen of this chapter. Tlie board of commissioners shall also have the care of all lands u.nd( r water which have been desig- nated, surveyed and mapped out, pursuant to law, for oyster beds, and power to grant fraucliises of such, lands accoi'dlng to the provisions of law now enforced, or which may b(^ hereafter enacted. It shall also possess all the jiQwers and peiform all the duties given and imposed by this ohaj^ter and by other provisions of hiw. § b. Board to report annually to legislature. — Sucli board shall annually make a full report to the legis- lature of all their official operations for the year endiug on the thii-tieth of September previous, with such sugges- tions and recommendations as they shall deem useful. Tlie present commissioners shall continue to hold their offices until new a];pomtnients are made under the pro- visions of this act. ARTICLE II. Fi3H AKD Game Pkotecioks aud Fgkestees' Powees 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 forester. 10 74 Section 23. Protectors and foresters to give bonds. 24. Compensation of protectors and foresters. 25. Offlee of chief protector and forester to be at the capitol. 26. Duties of protectors and foresters, 27. Kecords and reports. 28. l^aviiient of salary and expenses. 21). Eeports by chief protector and forester to the board of fisheries, game and forest. 30: Special protectors. 31. I'owers of sheriffs, constables and deputy sheriffs. 32. Xets to be destroyed by protectors and for- esters. 33. Expense of seizure of nets. § 20. Fish and game protectors and foresters, how appointed. — The fisheries, game and forest com- mission shall appoint thirty-five fish and game protectors and foresters, Avhose powers and duties are hereinafter defined, and who shall be known as fisheries and game protectors, and foresters. § 21. Terms of ofB.ce of fish and game protect- ors and foresters. — Fisb and game protectors and for- esters so appointed, shall hold office during the pleasure of the board of commissioners, which may summarily re- move any of their number and ai»point another in his place. § 22. Chief fish and game protector, and forester. — The commission shall, from time to time, desig- nate one of such protectors as chief fish and game pro- tector and forester, and two others as his assistants under whatever title he may give them, and the three protectors and foresters so designated shall hold office during the pleasure of the commission, and the commis- sioners shall further designate another protector to act as State oyster protector, and the protector and forester so designated shall hold office during the pleasure of the 75 board. The chief fish and game ])rotectoi' and forester shall have the direction, supervision and control of the entire force. § 23. Protectors and foresters to give bonds. — The chief protector and forester shall give a bond to the board of coniniissioiiers, with sureties in the sum of one thousand dollars, and each of the other protectors a Ijond with sureties in the sum of five hundred dollars, condi- tioned for the faithful discharge of his duties, such bond to be ajiproAcd by the board of commissioners. ^Vnj 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 neces- sary traveling expenses in the pcrfornumce of his duties, not exceeding one thousand dollars per year. Tlie two assistant protectors and foresters shall each receive twelve hundred dollars per year, together with their traveling and incidental expenses, not to exceed four hundred and fifty dollars per year; the protector desig- nated as State oyster protector shall receive twelve hun- dred dollars per year and his actual incidental and travel- ing expenses, not exceeding four hundred and fifty dol- lars per year, and the thirty-one remaining ])rotectors shall each receive five hundred dollars per annum, pay- able monthly, and an allowance for expenses not exceed- ing four hundred and fifty dollars per year, and each of the said tliirty-one protectors shall receive one-half of all the fines and penalties collected in actions brought upon information furnished by him after all the expenses of recovering said fines and penalties shall be paid. § 25. 0£B.ce of chief protector and forester. — The chief protector and forester shall have his office with the commissioner of fisheries, game and forest commission in the capitol at Albany. 76 § 26. The duties of protectors. — The fisli and game protectors and foresters shall enforce all the fish and game laws of the State and the provisions supplementary thereto made by boards of supervisors for the additional jtrotection 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 con- trol of the forest preserve and the Adirondack park, and shall have full power to execute all warrants and search \\arrants issued for the violation of the fisli and game laws and lixwa passed for the protection of the forest i^re- serve, and the care, custody and control of the Adirondack park, and to serve subpoenas issued for the examination, investigation or trial of all offenses against said law's. § 27. Records and reports. — Each protector and for- ester 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 for- esters shall only be made upon the certificate of the chief protector and forester that the protector and 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 repoit to the board of commissioners 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 commission- ers the operation of his department 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 any board 77 of supervisors as special protector and forest er, wlio sliall posse-s the same poAvers that aie conferred upiin th' S ate protectors and foresters; sncli special jtrotcctors and foi'- esters shall receive no compensation from the State. They shall make sinolar reports 1o those recpiired frcnn State protectors and foresters. § 31. Powers of sheriffs, constables and deputy sheriflEs. — Peace officers shall have the same powers as are conferred u])on the p:ame protectors and foresters 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 nvi, pound or other device for takinjii: f sh found in or upon any of the waters of this Stale where fishing- with nets or devices is prohibited or illegal, or upon the shores or islands of such waters, and such nets, pounds or other devices are declared to be a public nuisance and may be abated and summarily destroyed by any game protector and forester and no action for daumges shall lie or be maintained against any person for such seizure or destruction. § 33. Expense of seizure of nets. — The reasonable expense of any seizure, removal or destruction of such nets, pounds or other 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 seizure and destruc- tion, the names of the persons employed therein, the time spent thereabout and the money advanced, if any, and to whom, and shall be verified by the oath of such i>rotector and forester making such seizure and destruction. § 3. Chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-tw'O, constituting chapter thirty-one of the general laws, and known as the game law-, is amended by inserting therein after article eleven the following new articles, to be numbered articles twelve and thirteen. 78 AUTICLE XII. Forest Preserve. Section 270. Forest preserve. 271. Powers and duties. 272. Accoimts and annual Veport of board of fisheries, game and forest relative to the forest preserve. 273. Partition of lands. 274. Taxation of forest preserve. 275. Duties of railroad companies. 276. Powers and duties of certain ofticers in case of fire. 277. Supei-A-isors to be town protectors of land. 278. t:^uj>ervisors ex officio, fire wardens. 270. Supervisors to re]Jort fires. 280. Actions for trespass upon forest preserve. 281. Penalty for setting fire to forest lands. 282. Arrest of offenders without warrant. 283. Deer parks in the Catskill region. § 270. Forest preserve. — The forest preserve shall in- clude 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, Ham- ilton, Herkimer, Lewis, Oneida, Saratoga, Saint LaAvrence, Warren, AWashington, Greene, Ulster and Sullivan, except 1. Lands within the limits of any village or city and 2. ].ands, not wild lands, acquired by the State on fore- closure of mortgage made to the commissioners for loan- ing 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 superintendence of the forest preserve. 79 2. Maintain and protect the forests in the forest pre- serve, and promote as far as practicable the further growth of the forest therein. r.. Have charge of the public interests of the State with regard to forestry arid tree i)lanting, and especially with reference to foiest lires in e\'ery part of the State. 4. Possess all tlu^ powers relating to forest i)reserve M'liich w.ere vested in the conmiissioners of the land office, and in the coniptrollei- on May fifteen, eighteen hundred and eighty-flv(\ 5. Prescribe rules and regulations affecting the whole (w any j)art of the forest preserve and for its use, care and administration and altei oi' amend the same; but neither such rules or regulations nor anything contained in rhis article shall prevent or oi)erate to i)revent the free use of any road, stream or water as the same may have been heretofoie used, or as may be reasonably required in the prosecution of any lawful business. (:. Take such uieasures as in the judgment of the com- missioners may be proper, and the State superintendent of public instruction and the regents of the university may approve, for awakening an interest in behalf of forestry in the common schools, academies and colleges of the State and of imparting elementary instruction on such, subject therein; and prepare and distribute the tracts and circulars of infornmtion, giving plain and con- cise instruction for the care of private wood lands and for the growth of new forests upon lands that have been denuded, exJiausted l)y cultivation, eroded by torrents, or injured by tire, or that are sandy, marshy, broken, sterile, or waste and unfit for other use. These public. i- tions 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 woidd be benefited thereby. 7. Cause rules for the prevention and suppression of forest fires to be printed for posting in schoolhouses, inns, 80 ■saw-mills and otlier wood- working establishments, lum- ber camps and other places in such portions of the State as they may deem necessary. Forest inspectors, forest- fM's, firewardens, supervisors and school trustees shall cause these rules when received by them, to be properly posted and replaced when lost or destroyed. Any ptn'- son maliciously or wantonly defacing or destroying any su(h notice shall forfeit to the people of the State, the sum of five dollars for every such oU'ense. ^ 272. Accounts and annual report of the board of fisheries, game and forests, relative to the forest preserve. — All income from State forest lands, including receipts for trespasses, shall be paid over by the board of fisheries, game and forest to the State treasurer, by Avhom it shall be placed to the credit of the special fund etstablished for the purchase of lands within the Adirondack park, and a strict account shall be kei>t of all receipts and expenses of the commission, which aci-onnt shall be audited by the comptroller. The com- laission shall, annually, in the month of January, make a Avritten report to the legislature of their receipts and ex- IK'Uses, and of all their proceedings, with such recommen- dations 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 foi'est 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 re(]uest of the board of flslKuies, game and forest, bring an action in the name of the people of the State, for the actual partition of such land; and on the written consent of the board such person may maintain an action for tJie actual partition of such laud in the same manner as if the State were not entitled to exemp- tion from legal proceedings, and service of process in such action upon the attorney-general shall be deemed 81 service ujx)d the State. Such actions, the proceedhi,i»s and judgment therein and the proceedings under the judgment shall be according to the x)ractice at the time prevailing in actions of jiartition, 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 tln^ comptroller, agree with any person or persons owning lands within the forest pre- serve jointly or as tenants in common, with the State for the partition of such lands, and on such agreement an 1 consent, the comptroller shall make on behalf of the people of the State, any conveyance necessary or ]>roper in such jmrtition, and such conveyance shall be forthwith recorded as now provided by law as to conveyances made hy the commissioners of the land ohice. § 274. Taxation of forest preserve. — All wild or forest land within the forest i^reserve shall be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. On or before August first in every year, the assessors of tlie town within which the lands so belonging to the Slate are situated shall file in the otfice of the comptroller and of the board of fisheries, game and forest, a copy of tin? 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 statements and specifications to be verified by the oaths of a majority of the assessors. The comptroller' shall thereupon and before the first day of Septennber following, and after hearing the assessors and board of fisheries, game and forest, if they or any of them so desire, correct or reduce any assessment of State land which may be in his judgment an unfair proportion 11 82 to the remaining assessment of laud within the town, and shall in other respects approve the assessment and com- mnnicate such approval to the assessors. No such assess- ment 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 of the town and therewith delivered by the assessors of the town to the supervisor thereof or other otficer authorized to receive the same from the assessors. No tax for the erection of a schoolhouse or opening a road shall be imposed on the State lands unless such erection or opening shall have been first approved in writing by the board of fisheries, game and forest. Payment of the lawful and just amount of the taxes im- posed under this section on lands so belonging to the State shall, in every year, be made by the treasurer of the State, on the certificate of the comptroller, by allow- ing to the treasurer of the cOiinty in which such lands are situated a credit of the amount of such taxes due on such lands payable by such county treasurei* in such year to the State for State taxes; but no fees shall be allowed by the comptroller to the county treasurers in adjusting their accounts for such portion of the State tax so paid. § 275. Duties of railroad companies. — Every rail- road company whose road passes through 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 mate- rials, but under proper care and at proper times when fire, if set, can be kept under control. All locomotives which run through forest lands shall be provided with approved and sufficient arrangements for preventing the escai)e of fires from their furnaces or ashpans, and with netting of steel or iron wire upon their smoke stacks to prevent the escape of sparks or fire, and every engineer and fireman employed upon a locomotive shall see that the appliances to prexent the escape of fire are in use 83 and .applied as far as it can bo reasonably and practically done. No railroad company shall permit its employes to deposit fire coals or ashes upon their track in th,e immedi- ate vicinity of woodlands, or lands liable to be overrun by fires, and where any engineers, conductors or trainmen discover that fences or other material or substances along the right of way upon woodlands adjacent to the railroad are burning, or in danger from fire, they 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 fire warden or fish and game protector and for- ester. In seasons of drought and especially during the first dry time in the spring after the snows have gone, and Itefore vegetation has revived, railroad companies shall employ a sufiicient number of trackmen for the prompt extinguishment of fires; and where a forest fire is raging near the line of their road they shall concen- trate such help and adopt such measures as shall most eftectually arrest its progress. If any railroad company or any of its employes violate any provision of this sec- tion the company shall forfeit to the people of the State the sum of one hundred dollars for every such violation. § 27G. Powers and duties of certain oflacers in case of fire.— The board of fisheries, game and forest, fish and game protectors and foresters, and other per- sons employed by or under the authority of the board of fisheris,* game and forest, and who may be authorized by the board to assume such duty, shall in a town within or a part of the forest preserve, whenever the woods in any sncli town shall be on fire, perform the duty imposed on them, and in such case shall have the powers granted to justices of the peace, the supervisors and commissioners of highways with reference to the ordering of persons to assist in extinguishing fires or stopping their progress. The fire warden, or the supervisor, where acting in gen- * So in the original. 84 eral 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 combus- tible material before an advancing fire. No action for trespass shall be brought by any owner of land for entry nmde upon his premises by persons going to assist in extinguishing a forest fire although such fire may not be ujjon his land. The compensation for services of persons wlio may assist in extinguishing forest fires shall be a State charge and shall not exceed the sum of two dollars per day for each person employed; such compensation shall be paid by the State treasurer on the warrant of the comptroller, on certificates approved by the fire Avardeu of the town in which the fire occurred, and by the board of fisheries, game and forest. § 277. Supervisors to be tO"wn protectors of lands — The supervisor of every town in the State not within or a part of the forest preserve in which wild or forest lands belonging to the State are located shall be, by virtue of his office, the protector of such lands, subject to the instructions he may receive from the board of fisheries, game and forest. He shall report to the district attorney for prosecution any acts of spoliation or injury that may be done, and such district attorney shall insti- tute proceedings for the prevention of further trespass and for the recovery of all damages committed, with costs of prosecution. The supervisors shall report their pro- ceedings therein to the board of fisheries, game and forest. In towns where the board deems it necessary, it may serve a notice upon the supervisor, requiring him to ap- point one or more forest guards, and if more than one in a town, the district of each shall be properly defined. The guards so appointed shall have such powers, perform such duties and receive such pay a:s the board of fisheries, game and forest may determine. 85 § 278. Supervisors ex-oflB.cio fire wardens --Every supervisor of a town in this t^late, in which thoro arc no wild or forest lands of the forest preserve, and in which no fire warden is appointed by the board of tishei-ies, game and forest, shall be ex-oflficio fire wardcm therein, but the supervisor may divide towns particularly exposed to damaj^es from forest tires iuto two or more districts, bounded as fai' as may be by roads, streams of water or dividinji' ridges of land or lot lines, and appoint in writ- ing one resident citizen in each district as district tii'e warden therein. A description of these districts and the names of the distiict fire wardens thus appointed shall be recorded in the office of the town clerk. The su}>er- visor may also cause a mai) of the fire districts of his town to be posted in some public place with the nanu'S of the district fire wardens appointed. The cost of such mai), not exceeding five dollars, shall be a town charge and the services of the fire warden shall also be deemed a town charge and shall not exceed the sum of two dol- lars per day for the time actually employed. Within a town in which there are wild or forest lands of the forest preserve, and in such other towns in the counties men- tioned in section two hundred and seventy of this chapter as the board of fisheries, game and forest may designate, such persons shall l>e fire wardens as may, from time to time, be appointed by the board of fisheries, game and forest, and shall act during the pleasure of such board, and all the provisions of this article with reference to supervisors and district town wardens shall be applicable to them, (xcept that any exjtcnse incurred by such tire wardens shall be a State charge. On the discovery of a forest fire or a fire in any woods, the fire warden of the district, town or county in whicli it shall be, shall take such measures as shall be necessaiy for its extinction, and for this jmrpose he may call on any person in the territorv in which he acts oi- in its vicinitv for assistance. 86 find any person refusing to act when so called on, shall forfeit to the people of the State the sum of ten dollars. Any justice of the peace or commissioner of highways of the town in which any such fire shall be, shall act as fire warden with respect to any such fire, if the fire wardens of the district, town or county are not taking such meas- ures for its extinguishment. § 279. Supervisors to report fires. — The fire war- den of every town in wliich a forest fire of more than one acre in extent has o(*cnrred within a year, shall report to the board of fisheries, game and forest, the extent of area burned over, to the best of his information, together with the ]»robable amount of property destroyed, specifying the \alue of timber, as near as may be, and amount of coi'd-wood, logs, barh, or other forest product, and of fences, bridges and buildings that have been burned. He >liall make in(piirit'S and rejrort as to the causes of such fires, if ascertainable, and as to the measures employed and found most effectual in checking their progress. A consolidated sununary of tliese returns by counties and of the information as to the same matter otherwise gathered by the board of fisheries, game and forest shall be in- cluded in their annual report, § 280. Actions for trespasses upon forest pre- serve. — 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 fonning part of the forest preserve but occupied or held by persons not entitled thereto, or for the maintenance and ju-otection of the forest preserve, which any owner of lauds would be entitled to bring; or for cutting or carrying away, or causing to be cut or assisting to cut, any tree or timber within the forest preserve or any bark thereupon, or removing any tree, timber or bark, or any portion thereof from such forest preserve. Rv^ery 87 person violating the pl'o^'isions of this section, I'ehitin.ij to the cuttino- or carrvinii: aw.iy any timber, trees or bark, shall forfeit to the State the sum of tAventy-livc dollars for every tree cut or carried away l)y him or under his direction. The board of fisheries, tiamc and forest may, with the cons(^nt of the attoiney-<;ener;il and comjiholler, em])l(>y attorneys and n<'ht against the board or any of its members or subordinates arising out of their or his ofticial conduct with relation to Ihe forest preserve. ^Vuy attorney or counsel so employed shall act under the direction of and in the mune of the attorney- general. Where such attoiney or counsel is not so em- ployed, the attorney-general shall prosecute and defend such actions. A preliminary or final injunction shall, on application in an action brought by or at the instance of the board of fisheries, ganu' and forest, be granted re- straining any act of trespass, waste or destruction upon the forest }n'eserv(\ All such actions for the prosecution shall be brought in the county where the trespass is alleged to have been committed. § 281. Penalty for setting fire to forest lands. — Any person who shall willfully or negligently set fire to, or assist anothei- to set fire to any waste or forest 1 nds belonging to the State or to another pe.sm, wh-reby such forests are injured or (^ndangei-(^d; or who suffers any fire upon his own lands to escape or extend beyond the limits thereof to the injury of tlu^ wood lands of another or of the State, shall forfeit to the State for every such offense not less than fifty noi- nn)re than five hundred dollars, ami be liable to the perscui injui'ed for all damages that may be caused by such fires. § 282. Arrest of offenders without warrant. — The fish and game protectors and foresters, and other persons acting upon the forest preserve under the w^ritten em- ployment of the board of fisheries, game and forest, may, 88 without warrant, arrest any person found upon the forest preserve violating any of the provisions of tliis article and forthwith take the person so arrested before a magis- trate having jurisdiction to issue warrants in such cases, and there make or procuie to be made a complaint in writ- ing, 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 ex:ceeding- 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 (Jats- kill region, now constituting that part of the forest pre- serve situated in the counties of Delaware, Greene, Sulli- van and Ulster, for the purpose of bi-eeding 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 lules for the protection of such land and the game there- upon. No game shall be killed, pursued, oi- trapped or in way destroyed within the limits of such land so set apart for the period of five years from the time that such land shall be so set apart. The board may receive pri- vate subscriptions of money and expend the same for the purposes specified in this section, and nuiy, from time to time, enlarge the area of any such }Kirk by purchasing other lauds 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 fiist, eighteen hundred and ninety-five, shall be used for no other purpose than the purchase of addi- tional lands for such parks, and the board may execute and receive and accept, in the name of the State, all con- tracts and conveyances necessary to carry into effect the provisions of this section. 89 AUTICLE Xin. Adirondack Pake. Section 200. Adirondack park, 201. Powers and duties of forest commission. 292. Contracts. 293. I'roceeds of landjs sold and payments for lands purchased. 294. Kevenues from leases made prior to Janu- ary first, eighteen hundred and ninety- five. 295. Annual reiwrt. fj 290. Adirondack park. — All lands now owned or hereafter acquired by the Stale within the county of Hamilton; the towns of Newcomb, Minerva, Schroon, North Hudson, Keene, North Elba, Saint Ai-maud and Wilniinghon, in the county of Essex; the towns of Har- rietstown, Santa Clara, Altamont, Waverly and P»rigliton, in the county of Franklin; the town of Wilmurt, in the county of Herkimer; the towns of Hopkinton, Coll on, Clifton and Fine, in the county of Saint Lawrence, and the towns of Johnsburgh, Stony Creek, and Tliurnum, and the islands in Lake (jreorge. in the county of Warren; ex- cept such lands as may be sold as provid(^d in this article, shall constitute the Adirondack park. Sueh park 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 preser- vation of the headwaters of the chief rivers of the State, and a future timbei' supply; and shall remain part of the forest preserve. § 291. Powers and duties of forest commis- sion.— Tke board of fisheries, game and forest shall have tke care, custody, control and superintendence of the Adirondack park, and within the same and with refer- ence thereto and to acts committed therein and to persons committing the same, all the control, powers, duties, rights. 12 90 of action and remedies belonging to such board or tlie •commissioners of tlie land oftice within and with refer- ence to the forest preserve as to acts committed therein and persons committing the same. The board of fisheries, game and forest 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 cau not be pur- chased on advantageous terms unless subject" to leases or restrictions or the right to remove soft wood timber, the contract may provide accordingly, but not for any such right, lease or restriction after ten years from the d'ate 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 land situated within the bounds of the park that 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 taxa- tion 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 1 hereupon except spruce, tamarack or pop- lar timber twelve inches in diameter, at a height of three feet above the ground, or fallen, burned or blighted tim- ber, and such other and further conditions as to the right of occupancy of such lands by such owners or thjeir 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 clear more than one acre within the boundary of each one hundred acres covered by said con- tract. 3. To prescribe and enforce ordinances and regulations for the government and care of the park and for the 91 licensinfj^ or reg^ulation of guides or otlicr persons engaged! in business therein. 4. To laj out paths and roads in the park. § 202. Contracts. — A contract mentioned in this ar- ticle shall not take effect until approved by the commis- sioners of the land office; a certificate of which ajtproval, certified by the clerk of said commissioners, shall be at- tached to the copy of the resolution of the board of fish- eries, game and forest authorizing such contract. Every- conveyance mentioned in this article shall be c(M-titied liy the attorney-general to be in conformity with the con- tract, and a])pr'>ved by him as to form before tlie acce]>t- ance or delivery thereof, and shall be made to the people of the State, I'ecoided in the jtroper county, and after record delivered to tln^ conmiissioners of the land office as a part of their archives. § 293. Proceeds of lands sold and payment 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 liy him as a separate fund and special deposit at all times available foi' the purchase of other lands under this article. I^ayments for such purchases and lor expenses necessarily incurred by the board in the j)reliminary examinations of lands pur- chased under authority of this article, or in the examina- tion of titles of lands so purchased, or otherwise neces- sarily incidental to such purchases, may be made from Siich fund or fiom any moneys ai)propiiat(Ml therefor on the certificate of the conmiissioil and audit of the com]>- t roller. § 294. Revenues from leases made prior to Janu- ary first, eighteen hundred and ninety-five. — All revenues received from leases of State lands made 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 pur- chase of lands within the Adirondack park. 92 § 2!)5. Annual report. — Tbe board of lislieiies, game jiud forest shall include in its annual report an aeeouiU of its i)roceedings with reference to the park, including ii statement of the number of acres of land purchased during the year, the locality thereof, the price paid, the revenue fiom leases made prior to January first, eighteen hundred and ninety-five, and all other information of im- portance connected with such transactions; and shall state the amount of money recpiired in the next fiscal year fur the pui-clume of lands and expenses of the park, and nuike such recommendations with reference thereto as it deems wise. § 4. Article twelve of the game law, being chaxJter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, is hereby nmde article fourteen, and sections two hundred and seventy and two hundred and seventy-nine, inclusive, are hereby renumbered three hundred to three hundred and nine, respectively. § 5. Chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three, chapters fcmr hun- di-ed and thirty nine and six hundreti' and sixty-live of the laws of eighteen hundred and ninety-four are hereby repealed. § (). The schedule of articles at the beginning of the agricultural law, chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows: CHAPTEE XXXIII OF THE GENERAL LAWS. The Agkiclltueal Law. Article 1. General provisions. (§§ 1-12.) 2. Dairy products. (§§ 20-37.) 3. Adulterated vinegar. (§§ 50-53.) 4. Diseases of domestic animals. (§§ 67-71.) 5. Miscellaneous provisions. (§§ 80-90.) 0. Laws repealed. (§§ 100-101.) § 7. The agricultural law is further amended by adding at the end thereof the following new article: ARTKXE YL Laws Repealed. Section 100. Laws repealed. 101. When to take effect. Schedule of laws repealed. ^ 100. Laws repealed. — Of the laws eimnicratiHl in llie schedule hereta annexed, that portion speciticd in the last column is reiiealcd. § 101. When to take effect.— This chapter shall take ■elfect immediately. Schedule of La.ws Repealed. Revised Statutes, Part L chapter 17, title 3, §§ 1-4. LAWS OF Chapter Sections 1841 IGO All except ^§ 3 and (». 1844 330 All. 1848 290 All except §>? 3 and (). 1869 167 All. 1878 134 All. 1879 306 All. 1880 592 All. 1881 300 All. 1882 215 All. 1882 246 All. 1882 238 All. 1883 13 All. 1884 202 All. 1884 4LS All. 1884 474 All. 1885 183 All, except § 26. 1885 283 All. 94 LAWS OF Chapter Sections 1885 127 . . . . All. 1885 458 . . . . All. 1886 280 . . . . All. 1886 .. 577 . . . . All, except that part of § 6 desig- nated as § 24. 1887 155 All. 1887 223 . . . . All. 1887 403 .... All. 1887 430 .... All. 1887 475 All. 1887 562 All. 1887 583 All. 1888 286 . . . . All. 1888 298 .... All. 1888 520 .... All. 1888 550 .... All. 1889 24 .... All. 1889 148 .... All. 1889 515 .... All. 1889 538 .... Ml 1890 8 .... All. 1891 140 .... All. 1891 354 .... 1. 2. 1892 501 .... All. 1892 707 .... All § 8. This act shall take effect immediately. INDEX. A. PAGE. Actions by persons or societies ... 45 how entitled 44 where brouglit, from, etc 45 Adirondacks, certain fish not to be placed in 21 Amendments to the game law . 52 Antelope, provisions covering 6 Arrest of offenders, how and by whom made 48 Assembly, clerk of, to print and distribut(> copies of this act 54 Authority of commissioners to direct fish ways 51 to bring actions 44 B. Bait, minnows for 26 Bass, length of, taken 18 salt water striped 20 Birds, authority to collect 13 Black bass, close season 18, 32 Bounty, certificate for claim for, how proven 7 county treasurer, when to pay 7 C. Caribou, provisions covering 6 Certificates, time for which shall be in force 14 Commissioners, exceptions 29 to be notified of (;onstruction of dam .... 50 to recover for construction and penalty 51 Construction of this act 54 D. Deer, close season 4 killing, prohibited 33 transportation when killed in this State 5 or venison, when not to be possessed 4 yarding of, forbidden 6 Definitions...,,,. ,. ..... .- 52 96 PAGE. Devices and explosives prohibited 15 Discontinuance '*5 Dogs, when may be killed 5 Dredging regulated, for shell-fish 38 E. Eel-weirs 26 Expenses of actions by people 47 F. Fawns, not to be killed 4 Fish or game so protected not to be interfered with 43 Fish, may be caught 25 taking, by drawing off water, forbidden 15 taking shad or herring in the Hudson and Delaware rivers, prohibited .... 23 Fishing lij' certain devices prohibited in the St. Lawrence and Niagara rivers and Lake Champ' ain 22 in Lake Ontario, Lake Erie and Cattaraugus creek pro- hibited 22 through the ice forbidden 16 with nets 28 Fishways, fishing near, prohibited 20 Frostfish and whitefish netting 27 G. Game birds, netting or trai)i)ing, forbidden 12 Garbage not to be thrown in Long Island Sound 36 H. Hares and rabbits 33 Harlem river, close season for oysters in 37 Hounding, when forbidden 5 Jamaica bay, fishing not allowed except by angling 33 Judgments in actions for penalties, how collected 46 Jurisdiction of courts of special sessions, etc 48 K. Kings county, article to apply 30 97 L. PAOK. Land-locked salmon, close season 17 Laws repealed and saving clause 54 Leases for cultivation of shell-fish 40 Limitation of preceding section 40 Long Island sound, article to apply 30 Lobsters, size that may be sold 38 Licenses, nets 28 M. Meadow hens and other birds, close season 34 Meadow larks, close season 12 Meshes, regulation of 27 Mongolian ring-neck pheasant, penalty for killing 13 Moose, provisions covering Muskallonge, close season 19 N. Nests, destroying or robbing 12, 34 Nets, meshes of, used in Lakes Erie and Ontario and Cattaraugus creek 23 prohibited in Harlem river 24 regulations in Richmond county and New York 24 to be licensed 28 Notice to be posted in private park 42 to be posted on private grounds 42 when territory is fenced 43 o. Ordinances and regulations of boards of supervisors repealed ... 53 Oswego bass, close season 18 Owner to comply with directions of commissioners 51 Oyster beds, not to be interfered with 37 Oysters, how sold in shell, measures, etc 38 in the Hudson river not to be transplanted 37 in Staten Island, taking of 39 State protector of 35 P. Parks, laying out private 42 Penalties, two or more in one action 45 Pickerel, close season 18 Pike or wall-eyed pike, close season 18 Plover and other birds, close season 11, 31 13 98 Polluting waters ^6 Proceeds, how disposed of, by individuals 47 how disposed of, by the people 46 Protector, assistant to 36 to receive half the recovery 47 Punishment for violations 48 Q. Quail, close season 9 when not to be possessed 9 Queens county, article to apply ." 30 R. Rabbits, hares and 33 Report of commissioners to Legislature 47 Robbins and Gardiners Island 32 S. Salaries, how paid 86 Salary of protector, how paid 36 Salmon, close season 19 in the Hudson 24 length of 19 trout, close season . . . , 17 and land-locked salmon, close season 32 Shell- fish, non-residents not to gather 37 Signboards, near fish ways ... 19 not to be defaced 43 South bay, taking oysters in 39 Squirrels, close season 33 when to be hunted 6 St. Lawrence county, exceptions 25 Streams , polluting 15 Suffolk county, article to apply 30 powers of supervisors 34 Supervisors, powers of ... ... 53 T. Thumping 29 Transportation of fish, when forbidden 17 Traps not to be made 5 Trespassing on private grounds 42 Trout, close season 16, 32 length of 16 not to be disturbed while spawning 17 99 W. PAGE. Warren county, oxceptions 25 Warrants, search, when issued 49 of arrest, how issued 48 Waters not to be stocked from streams 16 Web-footed wild fowl, how killed 9 Witness not excused from testifying 49 fees and disbursements in actions by people 45 Wild birds, protected 11 W^ild fowl, close season 8, 30 exceptions as to 30 Wolves and panthers, bounty for 7 Woodcock and grouse, close season 10, 31 when not to be possessed 10 when not to be transported 11 INDEX TO APPENDIX. A. Appendix A. PAGE. Laws relating to Suffolk county 59 Appendix B. License and rules, form of 65 Appendix C. Chapter 395 70 Accounts and annual report to the board of fisheries, game and forests, relative to forest preserve 80 Actions for trespass upon forest preserve 86 Adirondack park 89 Annual report 92 Arrest of offenders without warrant 87 B. Board to report annually to legislature 73 Bond of fish and game [)roteetors ... 75 c. Chief game and fish prptector and forester, oflice of 75 how appointed 74 Clerical force of commission 72 Commissioners of fisheries, how appointed 71 Compensation, commissioners to receive 72 of protectors and foresters 75 D. Deer parks in the Catskill region 88 Duties of game and fish protectors 76 of board of commissioners 72 E. Expenses of seizure of nets, how paid 77 101 F. PAGE. Fish and game protectors and foresters, how appointed 74 Fish culturist : 73 Forest commission, powers and duties of 89 Forest preserve 78 taxation of . . . 81 G. Game and fish protectors, powers and duties of 78 L. Lands, partition of . . . 80 Laws repealed 93 N. Nets to be destroyed by protectors 77 P. Penalty for setting fire to forest lands 87 Powers and duties of certain officers in case of fire 83 Proceeds of lands sold and payment for lands purchased 91 R. Railroad companies, duties of , .... 82 Records and reports 76 Reports of chief protector 76 Revenues from leiises made prior to January 1, 1895 91 s. Salary of protectors, how paid . 76 Sheriffs, powers of 77 Special protectors to serve without comi)cnsation 76 Supervisors to report fires 86 cx-offlcio fire wardens . 85 to be tow^n protectors of lands 84 T. Terms of office of commissioners . . 71 fish and game protectors and foresters 74* w. When to take effect 98 ?? I i -p 0° /• ". o ., '^^o '>^- '^v. ,v ^o-/: ^, ,v "oV^ ^J^lte ^'^^^ i" .0' '^_ "oV" I' ,-^ .^;=: ' ■-/-,. ^ I. - ..^ WM: 'b V" ^c^; ^'■' ^^^ ^^ V '^c rfi- ' ' ^> V ; '^<-. -^^ ,-Jv 'o V' -Jy' ^. ..^ -^ -p ^^.A^^ v->>. ^ ,<^ " >■* ■,^^ -<■ o ^ ^ .V -p tz-0^ \7 •- ^ -^9. x» / .'I^IM- ''%ks^'' ^^-n^. ■^\' > s • • , O O • (J,^ ^ o « o ^ ,* o ^^o v-^ ^^ '^4^ ^. #- \ a"^^ .':;l°%^'^^-^ o ais^: ^^...' ^k^'' " ^' -Jv^ . o V^ ov-,. '^e^il^: ^^ °1*S^° ^-^ '" ,0- 0^ , r '«. > V ^' '- ^ ■-i^/-.-'^ ^;- ^^ ,40, .^ •i- <>. .^' 4q. 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