PART I Exemp penalties. $22. Any person proving that the birds, fish, skins or anition from mals found in his or her possession during the prohibited periods, were killed prior to such periods, or were killed in any place outside the limits of this state, and that the law of such place did not prohibit such killing, shall be exempted from the penalties of this act. Defence. Repeal of certain ets. Prohibited from using $23. In all prosecutions under this act, it shall be competent for common carriers or express companies to show that the inhibited article in his or their possession came into such possession in another state, in which state the law did not prohibit such possession, and such showing shall be deemed a defence to such prosecution. S 24. Chapter five hundred and fourteen of the Laws of eighteen hundred and fifty-seven; chapter one hundred and sixty-three of the Laws of eighteen hundred and fifty-eight; chapter two hundred and twenty-nine, chapter two hundred and eighty-five, chapter one hundred and ninety-six, chapter one hundred and ninety-nine, chapter one hundred and fortysix, chapter three hundred and two, chapter fifty-four, chapter one hundred and eighty-six, and chapter three hundred and eighty-four of the Laws of eighteen hundred and sixty; and all other acts or parts of acts inconsistent with this act are hereby repealed. As amended by Laws of 1863, ch. 462. [By the Laws of 1863, ch. 462 (post, vol. 6, p. 158), the following Laws, viz., ch. 464 of 1859, ch. 173 and 214 of 1861, were re-enacted, and are therefore inserted here, together with the act which ch. 464 of 1859 amends.] CHAP. 732. AN ACT to provide for the preservation of fish in the waters of Oneida lake and its tributaries. PASSED April 17, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. No person shall at any time, during the months of nets, &c. April and May, take any fish in the waters of Oneida lake, or in the waters of any stream flowing into that lake, within two miles from the entrance of such stream into the lake, with any net, seine, weir or basket. Penalty. Поw recovered. S2. Whoever shall offend against the provisions of this act, shall for such offence forfeit the sum of ten dollars. S3. Every penalty imposed by this act shall be sued for and recovered, with the costs of suit, before any justice of the peace of the county where such penalty shall be incurred, by or in the name of any person making complaint thereof, or by any one of the superintendents of the poor of the county, and if sued in the name of any such superintend ents, the penalty when collected shall be paid, one-half to the complainant and one-half to the superintendent, for the use of the poor of the county; and if sued in the name of the complainant, he shall give satisfactory security at the time of commencing his action for the payment of all costs in the event of failing to recover, and judgment therefor when recovered, shall belong, and be payable to such complainant. $4. The provisions of section one hundred and forty-three of title four, chapter two, part one, of the Revised Statutes, shall be applicable to any offence committed against the provisions of this act. $5. This act shall take effect immediately. CHAP. 464. AN ACT to amend an act entitled "An act to provide for the preservation of fish in the waters of Oneida lake, and its tributaries," passed April seventeenth, eighteen hundred and fifty-seven. PASSED April 18, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : CHAP. XX. § 1. Section one of said act is hereby amended so as to Section one read as follows: 1. No person shall, at any time during the months of March, April, May or June, take any fish in the waters of Oneida lake, or in the waters of any stream flowing into that lake, within two miles from the entrance of such stream into the lake, with any net, seine, weir or basket. amended. 2. Section two of said act is hereby amended so as to Section twe read as follows: 2. Whoever shall offend against the provisions of this act shall, for such offence, forfeit the sum of twenty-five dollars; and any justice of the peace, in either of the counties bordering on said lake, shall have jurisdiction over any offence committed in violation of this act. CHAP. 173. AN ACT for the preservation of Fish in Canandaigua PASSED April 12, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. $1. It shall be unlawful for any person or persons to take, Unlawful to catch or procure, in or from Canandaigua lake, or the inlet se seine, &c. PART L Against offering for sale or thereof, lying within the counties of Ontario and Yates, any fish, with or by means of any seine, gill-net, or other net. S2. No person shall knowingly sell or offer for sale, any fish caught in or from said lake or inlet thereof, contrary to purchasing. the provisions of the first section of this act, and it shall be unlawful for any person knowingly to purchase any fish so taken in or from said lake or inlet. Penalty. How to prosecute an action. amended. S3. Whoever shall violate any or either of the provisions of this act, shall be deemed guilty of a misdemeanor, and shall also be subject to a penalty for each offence of not less than ten nor more than twenty-five dollars, to be recovered in a civil action, with costs, as hereinafter provided. 4. Any person may bring or prosecute an action in his own name for the recovery of the fines or penalties imposed by this act, before any justice of the peace of either of said counties, upon first giving to such justice of the peace security for costs, satisfactory to such justice, in case he shall fail to recover; and in case of a recovery, the amount thereof, when collected, shall be paid to the court before which such action shall be prosecuted, together with the costs of such suit. The court before which such action was brought shall certify the reasonable costs and expenses thereof, and pay the same out of the moneys so received, and shall pay the residue thereof, if any, to the treasurer of the county in which such action is brought, for the support of the poor of said county. CHAP. 214. AN ACT to amend an act entitled "An act to provide for the preservation of fish in the waters of Oneida lake and its tributaries," passed April seventeen, eighteen hundred and fifty-seven, and an act amendatory of the same, passed April eighteen, eighteen hundred and fifty nine. PASSED April 13, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section ono $1. Section one of said act, and said act amending the same, is hereby amended, so as to read as follows: 1. No person shall at any time during the months of March or April, take any fish in the waters of Oneida lake, or in the waters of any stream flowing into that lake, within two miles from the entrance of such stream into the lake, with any net, seine, weir or basket. S2. This act shall take effect immediately. CHAP. 273. AN ACT imposing a tax on dogs in the counties of Richmond, Rockland and Westchester. PASSED April 12, 1832. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. There shall be annually levied and collected in the counties of Richmond, Rockland and Westchester, the following tax on dogs: upon every dog or bitch of six months cld or upwards, kept by any one person or family fifty cents, and for every additional dog or bitch kept by the same person or family the same tax as is provided to be levied and collected by part first, chapter twenty, title seventeen and section one of the Revised Statutes: and the revenue so collected in the counties of Richmond, Rockland and Westchester shall be applied in the same manner as directed by the said title of the Revised Statutes. CHAP. XX. PART I Tax in tics. CHAP. 117. AN ACT to amend the several acts relating to the taxes upon dogs. PASSED April 20, 1935. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The provisions of the act entitled "An act imposing a what coun- tax on dogs in the counties of Richmond, Rockland and Westchester," passed April 25, 1832, are hereby extended to the counties of Columbia, Dutchess, Allegany and Cattaraugus. S2. The taxes hereafter to be levied upon dogs, shall be levied and collected at the time and in the manner directed in the Revised Statutes, for the assessment and collection of taxes imposed by the supervisors of the county. How to be levied. How to be applied. Repeal. Power of collectors. When pay to be prov. 53. All moneys collected as taxes upon dogs, shall constitute a fund for satisfying damages done by dogs in killing or injuring sheep, according to the provisions of the Revised Statutes; and if there be any residue, after satisfying such damages, it shall, after the expiration of one year from the time of collection, be applied to the support of the poor of the town where the same shall have been collected, or to such other purpose as the inhabitants of the town shall, at their annual town meeting, direct. S 4. The provisions of any law of this state inconsistent with the provisions of this act, are hereby repealed. CHAP. 244. AN ACT to provide for taxing dogs and for the collection of such tax and to create a fund to pay for injuries upon sheep occasioned by dogs. PASSED April 15, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1, 2, 3, 4, 5, 6, 7 amend sections 1, 4, 5, 7, 10, 11, 12 of title 17, ch. 20, part 1 Revised Statutes.] Ante, vol. 1, p. 654. S8. The several collectors to whom any warrant for the collection of the tax herein mentioned shall be delivered, shall have all the powers, for the collection thereof, which such collectors now have, and they and their sureties shall be subject to all the liabilities therefor which such collectors and their sureties are now subject to. S9. In any action brought for the killing of any dog, it ment of tax shall be incumbent on the plaintiff in said action to prove that the tax imposed upon such dog by the provisions of this act has been paid. ed. |