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United States

Commissioners

minister oaths

etc.

of feme covert.

act as such, by either the circuit or district court, or courts of the United States in and for the Eastern, Western or other district of Pennsylvania, be and is hereby authorized and empowered, at or in any place or county within the Commonwealth of Pennsylvania, authorized to adto administer oaths and affirmations; to take affida- and affirmations, vits, to take and receive acknowledgment or proof of all deeds, conveyances, mortgages, leases, and other instruments of writing touching or concerning any lands, tenements, hereditaments, or other property, matter or thing lying, being or transacted within or without the Commonwealth of Pennsylvania; and to take and receive the acknowledgment of any feme co- Acknowledgment vert, touching or concerning the right of dower or con veyance of her estate, or right in or to any such lands, tenements, hereditaments, property, matter, thing of transaction, as fully, to all intents and purposes what soever, and with the like force and effect, as any judge of the Supreme Court of Pennsylvania, or president or associate judge of any of the courts of common pleas, or any alderman, justice of the peace, notary public, or commissioner of deeds within the said Commonwealth is or may hereafter be empowered by law to do; and to take the affidavits of persons and depositions of Depositions. witnesses, to be used in any court or before any tribunal in or out of this Commonwealth, in like manner as and in all cases or instances where aldermen, justices of the peace, notaries public, and commissioners of deeds are empowered by law to take the same, and with like force and effect; to use his official seal, as Seal, such commissioner, in the attestation of all such acts; and to receive for said acts and services the same fees Fees. which are now or hereafter may be allowed by law to the aldermen, justices of the peace, notaries public, and commissioners of deeds of and for said Commonwealth for similar or like services.

Approved-The 24th day of May, A. D. 1901.

WILLIAM A. STONE.

No. 202.

AN ACT

Authorizing change of location of new county buildings on public squares or commons.

Section 1. Be it enacted, &c., That whenever in any county of this Commonwealth the court house, jail, or other county building of such county, is located upon a public square or common, in the borough, town or city then being the county seat of such county,

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Consent of councils.

When obtained.

Repeal.

and a new building is authorized and required to be erected in place of such court house, jail or other building, it shall be lawful for the commissioners of such county to erect such new building upon any other of the public squares or commons of said borough, town or city, or upon any part thereof: Provided, That the councils of the said borough, town or city shall have first consented to such new location for said building.

Section 2. That in any case where the consent, aforesaid, of the councils of the proper borough, town, or city for such new location shall have been heretofore obtained, the county commissioners of the proper county may proceed to erect such new building as provided by this act.

Section 3. That all acts and parts of laws inconsistent with the provisions of this act be and the same are hereby repealed.

Approved-The 25th day of May, A. D. 1901.

WILLIAM A STONE.

Species of fish.

Game fish.

Food fish.

Lawful manner of fishing.

No. 203.

AN ACT

To declare the species of fish which are game fish, and the species of fish which are commercially valuable for food, and to regulate the catching and encourage the propagation of the same; to define the public waters within the State; to protect the waters within the State from improper and wasteful fishing; to provide for the appointment of Fish Commissioners and fish wardens, and to declare their official powers and duties; to encourage and regulate the artificial propagation of game and food fish by said State Fish Commissioners; to regulate the distribution of the same in the waters of the Commonwealth; to provide penalties and punishments for the violation of the provisions of this act.

Section 1. Be it enacted, &c., That the following named species of fish are specifically within the protection of this act, to wit: Salmon, brook trout, and all other fish belonging to the family of salmon or trout; black bass, green, or Oswego bass; crappie, grass, or strawberry bass, white bass, rock bass, blue pike, pike, perch; Susquehanna salmon, or wall-eyed pike, pike, pickerel, sun fish, and muscallonge, all of which are hereby classified and hereinafter designated as game fish; and shad, white fish, herring, lake herring, cisco herring, alewife, sturgeon, striped bass, or rock fish, all of which are hereinafter designated as food fish.

Section 2. That from and after the passage of this act, it shall be unlawful to fish for game fish, in any

of the waters of this Commonwealth, in any manner
except with rod, hook and line, or with hand line hav-
ing not more than three hooks; or, for food fish, with
any device not specifically permitted in this act. Any Violation.
person violating any of the provisions of this section

shall, on conviction thereof as provided in section

thirty-eight of this act, be subject to a fine of twenty Fine of $25.00. five dollars.

Section 3. That from and after the passage of this

act, it shall be unlawful to catch or fish for, or have

designated.

trout.

erel, etc.

in possession, the same being killed, any species of Trout. trout, save lake trout, except from the fifteenth day of Open seasons April to the thirty-first day of July, inclusive, in each year; or, any lake or salmon trout, except from the Lake or salmon first day of January to the first day of September, inclusive, in each year; or, for any b'ack bass, green, Bass, pike, pickor Oswego bass; crappie, grass, or strawberry bass, white bass, rock bass, or for pike-perch, commonly called wall-eyed pike, Susquehanna, or jack salmon, pike, pickerel, sun fish, or muscallonge, except from the fifteenth day of June until the fifteenth day of February, inclusive, in each year. Any persons violating any of the provisions of this section shall, on conviction thereof as provided in section thirtyeight of this act, be subject to a fine of ten dollars for Fine $10.00. each and every fish so caught.

Violation.

Length of fish legally caught.

which may be

Section 4. That from and after the passage of this act, it shall be unlawful to catch and kill, or have in possession, the same being killed, any white bass, rock bass; crappie, strawberry, or grass bass, less than five inches in length; any brook or speckled trout, or any species or variety of trout, save lake trout, less than six inches in length; any black bass less than seven inches in length; any lake or salmon trout, green or Oswego bass, striped bass, otherwise called rock fish, blue pike, pike-perch, otherwise called wall-eyed pike, Susquehanna, or jack salmon, pike, pickerel, or muscallonge, less than nine inches in length. Any person violating any of the provisions Violation. of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine Fine $10.00. of ten dollars for each and every fish so caught.

per day.

Section 5. That from and after the passage of this Number of trout act, it shall be unlawful for any person to catch and kill more than fifty brook or speckled trout in any one day. Any person violating the provisions of this Violation. section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine

of ten dollars for each fish so captured and killed over Fine $10.00. and above the number herein allowed.

sions, etc.

Section 6. That from and after the passage of this Eel pots, dimenact, it shall be lawful to use in the waters of this Commonwealth, not inhabited by trout, eel pots made of open wood work, wicker work or netting; the said

H

Carp, catfish,

eels and suckers.

eel pots being of a length not exceeding five feet, with an entrance to the same not exceeding two and onehalf inches across.

Section 7. That from and after the passage of this act, it shall be lawful to fish in any waters of this Commonwealth, not inhabited by trout, during the months of March, April, May, October, November and Dip nets, dimen- December, with dip nets, for carp, catfish, eels and

sions, etc.

Proviso.

Violation.

Fine and forfeit

ure.

Fyke nets.

Proviso.

Proviso.

Proviso.

Fine and forfeit

ure.

Seine nets

Proviso.

suckers: Provided, Said nets do not span more than five feet, and meshes shall be not less than two inches in width of mesh and one inch from knot to knot: Provided, further, That the owner or owners, or operator or operators, of such dip nets shall immediately restore, and return alive, any other fish that may be captured in such dip nets, to the waters from which such fish were taken. Any person or persons violating the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of ten dollars for each fish unlawfully kept, together with forfeiture of nets and all other appliances to the Fish Commissioners.

Section 8. That from and after the passage of this act, it shall be lawful to use fyke nets in the waters of this Commonwealth, not inhabited by brook or speckled trout, for the capture of eels, carp, catfish and suckers, during only the months of March, April, May, October, November and December; and in waters inhabited by shad, during only the months of March, April and May: Provided, such fyke nets shall be without wings, and shall not be set to any wing-wall or any openings in dams: Provided further, That the owner or owners, or operator or operators, of such fyke nets shall immediately restore, and return alive, any other fish that may be captured in such fyke nets, to the waters from which such fish were taken: Provided further, That each fyke net shall have attached thereto a metallic tag bearing, legibly marked thereon, the name and address of the owner thereof. such person or persons, violating the provisions of this section, shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twenty-five dollars for each fyke net placed in violation of the provisions of this section, and also to a fine of ten dollars for each fish unlawfully kept, together with forfeiture of nets and all other appliances, so used, to the Fish Commissioners.

Any

Section 9. That from and after the passage of this act, it shall be lawful to catch with seine nets, at any time of the year, carp, catfish, eels and suckers, in any waters of this Commonwealth not inhabited by trout, except its internal natural lakes or ponds, or natural lakes or ponds which have been raised or extended by artificial means: Provided, The owner or owners, or operator or operators, of such nets shall give satisfac

tory bond to the Fish Commissioners, in the sum of Bond. two hundred dollars, to restore alive and unharmed any other fish that may be taken; and conditioned Conditions. that the mesh of such nets shall be not less than one and one-half inch in width of mesh or three-quarters of an inch from knot to knot: Provided, That any person or persons using or operating such a net, without first executing the required bond, shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars, Fine, penalty and and shall undergo imprisonment in the county jail for three months, with forfeiture of nets, boats and all other appliances, so used, to the Fish Commissioners.

forfeiture.

bass, sturgeon,

Section 10. That from and after the passage of this Herring, shad, act, it shall be unlawful to fish for herring, or alewife, etc. shad, striped bass, otherwise called rock fish, or sturgeon, except from the first day of January to the twen- Open season. tieth day of June, inclusive, in each year, during week

days, ending Saturdays at sunset, and beginning after

Construction of

Sunday midnight; when it shall be lawful to fish there- Seines and nets. for with seines or other nets: Provided, The nets for Proviso. herring, or alewife, shall not be less than two and onequarter inches in width of mesh or one and one-eighth inches from knot to knot: And provided, That the Dimensions. nets for shad and striped bass, or rock fish, shall not nets be less than four inches in width of mesh or two inches from knot to knot: And provided, That the nets for Proviso. sturgeon shall have a mesh of not less than ten and one-half inches in width of mesh or five and one-quarter inches from knot to knot: And provided further That no net shall be set, fastened or anchored at both ends, permanently or otherwise: And provided further, That nothing in this section shall forbid the catching of herring, shad, and striped bass, commonly called rock fish, at any time with rod, hook and line, or hand line with spoon or other hooks attached. Any person or persons violating any of the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars, and the nets, boats and all appliances, so used, shall be forfeited to the Fish Commissioners.

Section 11. That from and after the passage of this act, it shall be lawful, from sunset to sunrise only, to catch eels, catfish, carp and suckers, in the waters of this Commonwealth not inhabited by brook trout, by means of what are known as lay outlines: Provided, That each such outline shall have attached thereto a tag, with the name and address of the owner clearly marked thereon; and in waters inhabited by trout, it shall be lawful to use single lines, having one hook only to each line, for the capture of eels, catfish, carp

20 Laws.

Fine and forfeiture.

Outlines.

Proviso.

Tag of owner.

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