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PART I.

Fines how

3. One half of the sum which may be recovered under disposed of the preceding section of this act, shall be paid to the superintendents of the poor of the county in which the offence is committed, for the use of the poor, the other half shall be for the use of the person who may sue for and recover the same.

$ 4. No person shall take any oysters from their beds, in the Hudson river, within the limits aforesaid, for the purpose of conveying them to another state to have them re-planted, under a penalty of two hundred and fifty dollars for each offence, to be sued for and recovered in action of debt, in the name of the superintendents of the poor of the county in which the offence may be committed, for the use of the poor. Any person who may be prosecuted for a violation of this act may be held to bail.

Further restriction.

Prohibi. tion.

Penalty.

How recovered.

СНАР. 365.

AN ACT for the preservation of Carp in the Hudson river.

PASSED May 14, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

1. No person shall hereafter at any time, in the space of five years, spear or take with any net or seine or aid or assist in the spearing or taking by or with any net or seine, any fish known by the name of carp, from the Hudson river, or knowingly sell or offer for sale any such fish so speared or taken.

S2. Whoever shall violate any of the provisions of the preceding section, shall, for every offence, forfeit the sum of fifty dollars.

S3. All penalties imposed by this act may be sued for and recovered with the costs of such suit before any justice of the peace of the county, by or in the name of any one of the superintendents of the poor of the county in which the person or persons so taking or aiding in the taking of such fish, or exposing them for sale shall reside; and if sued by any person not such superintendent, such person shall give security to such justice to pay all costs, in case he shall fail to recover judgment in such suit, and the penalty or penalties so recovered, when collected shall be paid by such justice, one-half to the superintendent of the poor, for the use of the poor, and the other half to the person by whom such suit shall be brought.

CHAP. 478.

AN ACT to regulate the planting and taking of oysters in the Harlem river.

PASSED July 10, 1851.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAP. XX.

tion.

1. It shall not be lawful for any person to take oysters Prohibifrom the Harlem river, in the county of New York, in any way or manner during the months of June, July or August in any year.

20 J. R., 90; 17 J. R., 195.

$2. Every person who shall offend against the provisions Penalty. of the first section of this act shall incur a penalty of thirty dollars, and in addition the value of the oysters so taken for each offence, and which may be sued for and recovered before any justice of the peace of any of the towns of Westchester county, or any of the justices of the ward courts of the city of New York, or in any court having cognizance of the same, in the name of any person who will sue therefor, one-half of any sum which may be recovered and received under this section. shall be paid into the county treasury of the county in which such action may be brought, and the other half shall be for the use of the person who may sue for the same.

oyster bod

3. Any owner or lessee of the lands adjoining the waters Private of the Harlem river, may have the privilege of planting oysters in said waters in front of their said property or lands, where there are none now planted by others than themselves, and after putting up a plain sign in full view of the waters in which such oysters are planted, stating the fact that this is the private oyster-bed of (here name the owner), no person other than such owner or his legal representative shall take up oysters on the ground thus designated by said sign, under a penalty of fifty dollars for each offence, and shall forfeit in addition the sum equal in amount to the value of the oysters; and the penalties and forfeitures thus imposed may be sued for and recovered in like manner as in section two of this act.

$4. Any constable of either of the counties of Westchester Arrest and or New York upon summary process, to be issued by any jus- of offenders. tice of the peace or ward court of said counties, may seize and take possession of all implements, boats or other vessels found in the possession of and used by any person violating the provisions of this act; and such constable shall make return thereof and hold the same in like manner as upon all attachments issued by justices of the peace or ward court justices.

made and

$5. Persons prosecuted under this act may be arrested and Arrest how held to bail in the same manner as upon warrants issued by executions justices of the peace; and whenever a recovery shall be had for any violation of the provisions of this act, execution shall

how issued

PART I.

Taking of trout.

Penalty.

Пow recovered.

Rev. Stat. to apply.

Size of

nete to be used.

be issued thereon immediately, in the same manner and with the like effect as is provided in section one hundred and fortythree, article nine, title four, chapter two, third part of the Revised Statutes, third edition, and all the provisions of said section shall apply to executions issued pursuant to the provisions of this act.

CHAP. 290.

AN ACT to provide for the preservation of Trout in the inland waters of this state.

PASSED April 7, 1857.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. No person shall at any time take any trout in any of the inland public waters of this state, with any net, seine, wier, basket, spear, grapple, trap, or any other device whatsoever except a hook and line.

$2. Whoever shall offend against the provisions of this act, shall, for each offence, forfeit the sum of twenty-five dollars.

§ 3. All penalties imposed by this act, may be sued for and recovered, with the costs of such suit, before any justice of the peace in this state, by or in the name of any person making complaint thereof, or by any one of the superintendents of the poor where such offence shall be committed, and if sued in name of any such superintendent, 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; 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, belong to and payable to said complainant.

S4. 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.

CHAP. 107.

AN ACT for the protection of fish in the upper portion of the Niagara river.

PASSED April 1, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. It shall be unlawful to use or draw, for the taking of fish, any seine or net, minnow nets excepted, the meshes or

any mesh of which shall be less than one inch and a half square, in that portion of the Niagara river, or its branches or confluents, which are within this state and above the Falls of Niagara. Any person who shall violate, or aid or abet in the violation of this provision, or incite or procure its violation, shall, for each and every offence, forfeit twenty dollars. $ 2. It shall be unlawful to use or draw any seine or net, No fish to minnow nets excepted, for the taking of fish, in the said por- with net betion of the Niagara river, or its branches or confluents, at any and Novem time after the first day of April and before the first day of ber. November in any year. Any person who shall violate, or aid and abet in the violation of this provision, or incite or procure its violation, shall, for each unlawful use or drawing of any seine or net, forfeit twenty dollars.

be taken

tween April

spear be
of May and

$3. It shall be unlawful to use a spear, in the taking of Not to use a fish, in the said portion of the Niagara river, or its branches tween first or confluents, at any time after the first day of May and before first of No the first day of November of any year. Any person who shall vember. violate, or aid or abet in the violation of this provision, or incite or procure its violation, shall, for each and every offence, forfeit twenty dollars.

buying and

4. Every person who shall knowingly sell or buy any fish Fine for caught or taken in violation of this act, shall, for each and selling ash. every fish so sold or bought, forfeit one dollar.

to be recov.

$5. All fines or penalties imposed under the provisions of Fines how this act, may be recovered with the costs of suit in the name ered. of "The People of the State of New York," before any justice of the peace of any county bordering on said river in this state, and such fines when collected shall be paid, one-half to the person making the complaint, and the other half to the superintendent of the poor in the county; and in case of non-payment of such fines on rendition of judgment therefor, the defendant or defendants shall be committed to the county jail for a period not less than twenty days.

CHAP. 212.

AN ACT to facilitate the ingress of salmon into Cayuga
Lake, and for the protection of the same.

PASSED April 12, 1862; three-fifths being present.

CHAP. XX.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

dams on or 1st day of

$1. The owner or owners of each and every dam, whether Alter the such owner be an individual, several individuals, or the state, before the made across the Oswego or other rivers leading from the October Cayuga lake into Lake Ontario, so as to prevent the usual next. course of the salmon from going up the said rivers into Cayuga lake, shall, on or before the first day of October next, so alter such dam, by making a slope apron in the channel of said

PART I

Penalty for neglect.

For preservation of fish.

Killing decr.

river, at least five feet wide, smoothly planked, descending from the top of the dam on an angle of not more than thirty degrees and extending to the bottom of the river below, with a side plank of at least one foot in width attached to each side of said apron, in such a manner as to confine the water to the channel-way of said apron in its passage over the dam. Each such dam shall be made at least one foot lower at the place where such apron is joined thereto to create a sufficient draught and depth of water on said apron for the free passage of salmon up said river and over said dams to the waters in Cayuga lake.

S2. The owner or owners of every such dam, who shall refuse or neglect to build and keep in repair an apron, according to the provisions contained in the foregoing section, shall forfeit the sum of one hundred dollars and costs of suit, for every month he or they may so neglect or refuse, and any person feeling himself aggrieved may prosecute therefor in his own name, by action of debt, in any court having cognizance thereof. The one-half of said penalty when so recovered, shall be paid to the person prosecuting therefor, and the other half to the commissioners of highways of the town where such recovery shall be had, to be applied in repairing the roads and bridges in such town.

$ 3. It shall not be lawful for any person to spear, or in any manner catch or destroy any salmon or other fish while passing up said apron or aprons, or within the distance of ten rods thereof, whereby they may be prevented or disturbed from pursuing their usual course up said river. Every person offending against the provisions of this section shall, for every such offence, forfeit the sum of twenty-five dollars and costs of suit, to be recovered in the same manner and applied in the same way as provided in the last preceding section.

S 4. All acts and parts of acts heretofore passed in relation to dams or obstructious in the rivers above recited in the first section of this act, or conflicting with this act, or regulating the fishery in the same, are hereby repealed.

CHAP. 287.

AN ACT to provide for the preservation of deer.
PASSED April 7, 1857.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. No person shall, within this state, kill any wild deer, at any time during the months of January, February, March, April, May, June or July.

Bale of venison

S2. Every person who shall expose to sale any green deer and skins. skin or fresh venison, or who shall have the same in his

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