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Chap. 625.

AN ACT to amend code of civil procedure, relative to stenographers of the supreme court in certain districts.

BECAME a law May 10, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. Section two hundred and fifty-eight of the code of civil procedure, is hereby amended so as to read as follows:

$258. Stenographers for certain judicial districts. The ju-tices of the supreme court, or a majority of them, for each judicial district excepting the first, second, fifth, seventh and eighth shall appoint and may, at pleasure, remove three stenographers of the supreme court for such district. The justices of the supreme court, or a majority of them, for the the fifth, seventh and eighth judicial districts, shall appoint, and may, at pleasure, remove four stenographers of the supreme court for each of such districts. Each of such stenographers shall attend such circuits courts, special terms of the supreme court and courts of oyer and terminer, in his judicial district, as he shall be assigned to attend by the justices of the supreme court, or a majority of them, for such district. Each of such stenographers shall receive an annual salary of twenty-five hundred dollars, to be paid by the comptroller of the state in equal quarterly payments, upon the certificate of a justice of the supreme court of the judicial district for which he shall have been appointed.

2. This act shall take effect September first, eighteen hundred and ninety-four.

Chap. 626.

AN ACT to amend the penal code, in relation to furnishing libelous information.

BECAME a law May 10, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. Section two hundred and fifty-four-a of the penal code is hereby amended to read as follows:

254a. Furnishing libelous information.-Any person who willfully states, delivers or transmits by any means whatever to

any manager, editor, publisher, reporter or other employe of a publisher of any newspaper, magazine, publication, periodical or serial, any statement concerning any person or corporation, which, if published therein, would be a libel, is guilty of a misdemeanor. § 2. This act shall take effect September first, eighteen hundred and ninety-four.

Chap. 627.

AN ACT to amend the game law.

BECAME a law May 10, 1894, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. Section twenty-six, article two, chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, entitled "An act for the protection, preservation and propagation of birds, fish and wild animals in the state of New York and the different counties thereof," as amended by chapter five hundred and seventy-three of the laws of eighteen hundred and ninetythree, is hereby amended to read as follows:

$26. Duties of protectors.-The game and fish protectors shall enforce all the fish and game laws of the state, and the provisions supplementary thereto made by boards of supervisors for the additional protection of fish and game, and shall have full power to execute all warrants and search warrants issued for the violation of the fish and game laws, and to serve subpoenas issued for the examination, investigation or trial of all offenses against said laws.

§ 2. Section forty-nine, article three, of said act, as amended by chapter five hundred and seventy-three of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows:

49. Black and gray squirrels, hares and rabbits.- Black and gray squirrels, hares and rabbits shall not be hunted, shot at, killed or possessed between the first day of January and the first day of September, except in Cattaraugus county and as provided by section one hundred and seventy-one, and except that in the counties of Saint Lawrence, Franklin, Essex, Clinton, Lewis, Warren, Hamilton, Herkimer, Jefferson, Monroe, Chemung, Richmond, Fulton, Seneca, Ontario, Wayne and Oneida, rabbits may be

hunted, shot at, killed and possessed between August fifteenth and March ffteenth. The use of ferrets in the hunting of rabbits is hereby prohibited in the counties of Onondaga and Orange.

§ 3. Section seventy, article four, of said act, as amended by chapter five hundred and seventy-three of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows:

§ 70. Wild fowl; close season.-Wb-footed wild fowl, except geese and brant, shall not be pursued, shot at, hunted, killed, possessed or sold between the first day of March and the first day of September, except as hereinafter provided, and except as provided by section one hundred and sixty-one, and shall not be pursued, shot at, hunted or killed between sunset and daylight. On the Hudson river south of the Troy dam and its tributaries below that point, the open season shall commence September first and close May first. On the said Hudson river, below said dam, boats propelled by hand may be used for the purpose of shooting web-footed fowl.

§ 4. Article four of said act is hereby amended by adding a new section, to be known as section eighty-six, to read as follows:

§ 86. Mongolian ring-necked pheasant.- No person shall kill, expose for sale or have in his or her possession after the same has been killed, any wild Mongolian ring-necked pheasant (phasi anus torquatus), for a period of three years from the passage of this act.

§ 5. Section one hundred and five, article five, of the said act is hereby amended to read as follows:

§ 105. Trout, close season.- Trout of any kind shall not be fished for, caught, killed, or possessed between the first day of September and the first day of April following except in the waters of Lake George and except in the counties of Lewis, Saint Lawrence, Franklin, Fulton, Clinton, Essex, Warran, Hamilton, Herkimer and Saratoga where they shall not be fished for, caught, killed or possessed between the first day of September and the fifteenth of April.

§ 6. Section one hundred and ten of said act is hereby amended to read as follows:

§ 110. Close season, black bass and Oswego bass; pickerel and wall-eyed pike in Saint Lawrence river.- Black bass or Oswego bass shall not be fished for, caught or killed between the first day of January and the thirtieth day of May except as provided

by sections one hundred and forty-four and one hundred and sixtyeight. Pickerel or wall-eyed pike shall not be fished for, caught, killed or possessed in the Saint Lawrence river between the first day of January and the thirtieth day of May.

§ 7. Section one hundred and fifteen, article five, of said act, as amended by chapter five hundred and seventy-three of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows:

The use of seines, pound

§ 115. Sizes of meshes regulated. nets, gill-nets or fykes for taking fish, the meshes of which shall be less than one and one-eighth inch bar, is prohibited, except as provided by sections one hundred and thirty-four, one hundred and forty-five, one hundred and forty-six and one hundred and seventy-three, as hereinafter amended.

3. Article five of said act is hereby amended by adding thereto a new section, to be known as section one hundred and twentyone, to read as follows:

§ 121. Salt-water striped bass.- No salt-water striped 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 taken, the person taking shall immediately place such fish back into the water from which it was taken without unnecessary injury. A violation of this section is a misdemeanor, and in addition thereto, the violator is liable to the same penalties as are prescribed for the violation of section one hundred and fourteen.

§ 9. Section one hundred and thirty-two of said act is hereby amended so as to read as follows:

§ 182. Lake Ontario, Lake Erie, Niagara river and Lake Champlain; fishing by certain 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 the mile of the shores thereof, nor of any of the islands therein, or in the Cattaraugus creek or within five miles of the mouth thereof, nor of any island therein; nor in Lake Ontario, within one mile of the shore, nor of any island therein (the waters of Lake Ontario in the county of Jefferson, included between Blue Rock point, in the town of Brownville, and the town line between the towns of Lyme and Cape Vincent, including Chaumont bay, Griffin bay and Three Mile bay, and in the county of Oswego betwen the north

erly line of the town of Mexico and Jefferson county line are hereby exempt from the provisions of this act, but sections one hundred and ten, one hundred and eleven and one hundred and sixty-eight of this act shall apply to said waters). Nor shall fish taken contrary to the provisions of this section be knowingly possessed.

§ 10. Section one hundred and thirty-six, article six, of said act, as amended by chapter five hundred and seventy-three of the laws of eighteen hundred and ninety-three, is hereby amended to read as follows:

§ 136. Taking shad, herring and other fish in the Hudson and Delaware rivers, Wallkill and Rondout creeks.- Shad and herring shall not be taken from Rondout creck or the Hudson or Delaware rivers between the fifteenth day of June, and the fifteenth day of March following, nor shall nets for shad be permitted to remain in said waters from sunset on Saturday until sunrise on the following Monday at any time, unless the inclemency of the weather prevents their removal. Between the fourteenth day of March and the fifteenth day of June, shad and herring may be taken from said waters by nets, and between the first day of September and the thirtieth day of May following, bullheads, catfish, sunfish, suckers, eels, pickerel, sturgeon, white and yellow perch may be caught by means of hoop-nets, fykes and gill-nets in the Hudson river, Wallkill creek and in Rondout creek below the dam at Eddyville, and in Wappingers creek. Nets shall not be set or used north of the dam at Troy. Between June first, and September first sturgeon may be also taken in the waters of the Hudson river with sturgeon nets of meshes not less than seven inches. Nothing in this section shall be construed as prohibiting the catching of fish with hook and line in Rondout creek at any time.

§ 11. Section one hundred and thirty-eight, article six, of said act is hereby amended to read as follows:

§ 138. Richmond county and New York or Raritan bay regulation as to nets. No device except angling shall be placed, drawn or used for the capture of any fish, except menhaden, in the waters of Raritan bay, nor in any waters adjacent thereto in Richmond county, except that shad may be taken by shad-nets between the fifteenth day of March and the fifteenth day of

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