CHAP. XX. lated. $13. No person shall at any time, with intent so to do, Catching catch any speckled brook trout or speckled river trout, with trout reguany device save only with a hook and line; and no person Penalty. shall catch any such trout, or have any such trout in his or her possession, save only during the months of March, April, May, June, July and August, under a penalty of five dollars for each trout so caught or had in possession. But in any Defence. prosecution under this section, it shall be deemed a defence that the trout so taken were taken for the purpose of stocking other waters therewith. trout. $ 14. No person shall take, or have in possession, any Salmon salmon trout between the fifteenth day of November and the first day of February in each year, under a penalty of five dollars for each fish so taken and had in possession. &c. $15. No person shall take, or have in possession, any Black bass, black bass or muscalonge between the first day of January and the first day of May, under a penalty of five dollars for each fish so taken or had in possession. taking fish months. $ 16. No person shall take any fish with a net, spear or Against trap of any description in any of the fresh water lakes, ponds with net, or bays or outlets thereof or streams of this state, or within trap in certhe jurisdiction of this state, in the waters of Lakes Ontario tain and Erie, and the St. Lawrence river, during the months of January, February, March, April and May, except in Chaumont bay. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall, in addition, be liable to a penalty of five dollars for each fish so caught. $ 17. No person shall at any time fish with spear, or set any net, trap, weir or pot, with intent to catch fish in any of the following named streams and lakes, or the outlets thereof, or in the streams emptying therein, at any distance within five miles from such lakes, to wit: Seneca lake; Na-tan-water or Fish lake, in Oswego county; Hemlock lake, in the counties of Livingston and Ontario; Crooked lake, in the counties of Yates and Steuben; Seneca river; Canandaigua lake; the Canandaigua or Clyde river, and Great Sodus Bay in the county of Wayne; that part of Croton river in Westchester county lying between the Hudson river and the bridge known as Golden's bridge; Skine lake; Fish lake and Mud lake, in the town of Freedom in the county of Cattaraugus; Purcell's pond, in the town of Springwater and county of Livingston; Black lake in the county of St. Lawrence; or in any of the lakes in the counties of Fulton, Hamilton or Saratoga, or in the Sacandaga river. But suckers, cat-fish, eels, white-fish, shad and minnows and frost-fish are exempted from the operation of this and the last two sections, except in Skine or Lime lake in the county of Cattaraugus. Any person violating this section shall be deemed guilty of a misdemeanor, and shall in addition be liable to a penalty of twenty-five dollars for each offence. Against spear, net, tain waters. fishing with &c, in cer PART I Against selling. Against trespassing purpose of ushing. $ 18. No person shall sell, expose for sale or purchase any fish known to have been taken contrary to the three last sections of this act, under a penalty of five dollars for each fish so sold, or exposed for sale or purchased. $ 19. Any person trespassing on any lands for the purpose on land for of taking fish from any private pond, stream or spring, after public notice on the part of the owner or occupant thereof, or of said lands not to so trespass, shall be deemed guilty of trespass, and in addition to any damages recoverable by law, shall be liable to the owner, lessee or occupant in a penalty of twenty-five dollars for each offence. Against shooting. Snits for penalties $20. Any person who shall at any time enter upon the lawn, garden, orchard or pleasure grounds immediately surrounding a dwelling house, with any fire arm for the purpose of shooting, contrary to the provisions of this act, or shall shoot at any bird or animal thereon, shall be deemed guilty of trespass, and in addition to the damages, shall be liable to a penalty of ten dollars. $ 21. All penalties imposed under the provisions of this regulated. act, may be recovered with costs of suit, by any person or persons in his or their own names, before any justice of the peace in the county where the offence was committed or where the defendant resides; or when such suit shall be brought in the city of New York before any justice of any of the district courts, or of the marine court of said city; and any district court judge, justice of the peace, police or other magistrate is authorized upon receiving sufficient security for costs on the part of the complainant, and sufficient proof by affidavit of the violation of the provisions of this act by any person being temporarily within his jurisdiction, but not residing therein, or by any person whose name and residence are unknown, to issue his warrant and have such offender committed or held to bail to answer the charge against him. And any district court judge, justice of the peace, police or other magistrate, may upon proof of probable cause to believe in the concealment of any game or fish mentioned in this act, during any of the prohibited periods, issue his search warrant and cause search to be made in any house, market, boat, car or other building, and for that end may cause any apartment, chest, box, locker or crate to be broken open, and the contents examined. Any penalties when collected, shall be paid by the court before which conviction shall be had, one-half to the overseers of the poor for the use of the poor of the town in which conviction is had, and the remainder to the prosecutor. On the non-payment of the penalty, the defendant shall be committed to the common jail of the county, for a period not less than five days, and at the rate of one day for each dollar of the amount of the judgment, where the sum is over five dollars in amount. Exemption $22. Any person proving that the birds, fish, skins or anifrom penal mals found in his or her possession during the prohibited ties. 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. $ 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. CHAP. XX. Defence. certain acts $24. Chapter five hundred and fourteen of the Laws of Repeal 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 four hundred and sixty-four of the Laws of eighteen hundred and fifty-nine; chapter one hundred and ninety-six, chapter one hundred and ninety-nine, chapter one hundred and forty-six, 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; chapter one hundred and seventy-three, chapter two hundred and fourteen of the Laws of eighteen hundred and sixty-one, and all other acts or parts of acts inconsistent with this act are hereby repealed. 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 old 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. PART L Tax in ties. CHAP. 117. AN ACT to amend the several acts relating to the taxes 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. $ 3. 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. S4. 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.] $8. 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. CHAP. XX. Certain acts S 10. Section two of said title, chapter and part, and all acts or parts of acts, whether general or local, inconsistent repealed. with the act hereby amended or repugnant thereto, are hereby repealed. CHAP. 155. AN ACT to provide for the punishment of the fraudulent and unauthorized issue and transfer of the stock and bonds of corporations and joint stock companies. PASSED April 5, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: a 1. Every officer and every agent of any incorporated False issue company or corporation, formed or existing under or by vir- of stock tue of the laws of any of the United States, who shall within this state, wilfully and designedly sign, or procure to be signed with intent to issue, sell or pledge, or to cause to be issued, sold or pledged, or shall wilfully and designedly issue, sell or pledge, or cause to be issued, sold or pledged, any false or fraudulent certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company or corporation, or any false or fraudulent bond, or evidence of debt of such incorporated company or corporation, or any certificate or other evidence of the ownership or transfer of any share or shares in such incorporated company or corporation, or any instrument purporting to be a certificate or other evidence of ownership or transfer of such share or shares, or purporting to be such bond or evidence of debt, the signing, issuing, selling or pledging of which shall not be authorized by the charter and by-laws of such incorporated company or incorporation, or some amendment thereof, shall be deemed guilty of a felony, and shall be punished by a fine not exceeding three thousand dollars, and imprisonment in the state prison for a term not less than three nor more than seven years. S2. Every officer and agent of every incorporated company, г. joint stock company or corporation, formed or existing under or by virtue of the laws of any of the United States, who shall, within this state knowingly, wilfully and designedly sign, or procure to be signed, with intent to issue, sell or pledge, or cause to be issued, sold or pledged, or who shall knowingly, wilfully and designedly issue, sell or pledge, or cause to be issued, sold or pledged any certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company, joint stock company or corporation, or any bond or evidence of debt of such incorporated company, joint stock company or corpora |