CH. XVIII. CHAP. 156. AN ACT for the preservation of game in the counties of PASSED April 15, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: extended. § 1. The provisions contained in part first, chapter twen- Rev. Stat. tieth, title sixteenth of the Revised Statutes, for the preservation of game in certain counties, are hereby extended to the counties of Rockland and Putnam. CHAP. 228. AN ACT to amend title sixteen of chapter twenty of the first and sixth part of the Revised Statutes, entitled "Of the preservation of deer and certain game and animals," and the act extending the same, passed March 14, 1833. PASSED May 1, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to quails $1. No person shall kill any quails or partridges in either Protection of the counties of New York, Kings, Queens and Westchester, and between the fifth day of January and the twenty-fifth day of partridges. October. killing 52. Whoever shall offend against the provisions of the last Penalty for preceding section, by killing any partridge or quail, shall them. forfeit for every quail or partridge so killed, the sum of five dollars. 3. Every person who shall expose to sale any partridges Penalties or quail in either of the said counties respectively, or shall for selling. purchase or procure, or shall have in his possession, any of the said game, in either of the said counties, during the time when the killing of the game is prohibited by law, shall be deemed guilty of killing the said game, and liable to the penalties established, within the time prohibited. S 4. The penalty for killing woodcock within the time pro- Woodcock. hibited by law, is increased to five dollars for every woodcock killed; and this penalty is imposed upon every person who shall either kill or purchase, or have in his possession, a woodcock, within the time prohibited. how to be 5. The penalties imposed and prescribed by this act, Penalties shall be sued for and recovered by and in the name of the recovered. overseers of the poor of the town where the offence was committed, in an action to be commenced within three months PART I. Game laws amended. after the commission of the offence, and shall be applied for the use of the poor. $ 6. The several laws for the preservation of game now in force, are amended so as to correspond with the provisions of this act. Killing deer. Sale of venison and skins. Penalty. How recovered. Rev. Stat. to apply. 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: $1. 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. S2. Every person who shall expose to sale any green deer skin or fresh venison, or who shall have the same in his custody'at any time during the months specified in the first section, shall be deemed to have violated the provisions of this act. $3. Whoever shall offend against the provisions of this act, shall for each offence forfeit the sum of twenty-five dollars. S 4. 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 one of the superintendents of the poor of the county where such offence shall be committed, and if sued in the 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 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 to and payable to said complainant. S 5. The provisions of section one hundred and forty-three of title four, chapter two, part third of the Revised Statutes, shall be applicable to any offence committed against the provisions of this act. CHAP. XX. CHAP. 474. AN ACT for the preservation of moose, wild deer, birds and fresh water fish. PASSED April 23, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: moose or 51. No person shall kill, or pursue with intent to kill, any Killing moose or wild deer, save only during the months of August, deer. September, October, November and December, or shall expose for sale, or have in his or her possession, any green deer skin or fresh venison, save only in the months aforesaid, and also in the month of January and the first fifteen days in the month of February; and no person shall kill, or pursue with intent to kill, any deer in the counties of Kings, Queens and Suffolk, for the term of five years from the passage of this act, and thereafter only in the month of November. Fawns not $2. No person shall at any time kill any wild fawn during few killed. the period when such fawn is in its spotted coat, or expose for sale, or have in his or her possession, any spotted wild fawn skin. certain § 3. No person shall hunt or pursue moose or deer with Hunting in any dog in the counties of Clinton, Franklin, St. Lawrence, counties. Jefferson, Lewis, Herkimer, Hamilton, Essex, Warren, Fulton and Saratoga, save during the month of October; and no person shall in like manner hunt or pursue any moose or deer in any of the other counties of this state, save during the month of November in each year. molesting nesting 34. No person shall kill or catch, or discharge any fire-arm Against at any wild pigeon while in any nesting ground, or break up pigeons in or in any manner disturb such nesting ground, or the nests ground. of birds therein, or discharge any fire-arm at any distance within one mile of such nesting place. ment. $5. Any person violating the foregoing provisions of this Punishact shall be deemed guilty of a misdemeanor, and shall likewise be liable to a penalty of fifty dollars. 56. No person shall at any time, within this state, kill or Against killing, trap, or expose for sale, or have in his possession, after the trapping or selling same is killed, any eagle, fish hawk, night hawk, whippoor- birds. will, finch, thrush, lark, sparrow, wren, martin, swallow, tanager, oriole, wood-pecker, bobolink, or any other harmless bird or any song bird; or kill, trap, or expose for sale any robin or starling, save during the months of October, November and December; nor destroy or rob the nests of any wild birds whatever, under penalty of five dollars for each bird so killed, trapped or exposed for sale, and for each nest destroyed or robbed. This section shall not apply to any person who shall kill or trap any bird for the purpose of studying its PART I. Prairie fowl. Partridg and quail Dack. Against trapping quail or grouse. Against putting lime, &c,, lake, &c. Penalty. Dam upon certain have a habits or history, or having the same stuffed and set up as a specimen. $7. No person shall, at any time within ten years from the passage of this act, kill any pinnated grouse, commonly called the prairie fowl, under a penalty of ten dollars for each bird so killed. $ 8. No person shall kill, or have in his or her possession, or expose for sale, any woodcock between the first day of January and the fourth day of July in each year; or any ruffled grouse, commonly called partridge, between the first day of January and the first day of September; or any quail, sometimes called Virginia partridge, between the first day of January and the twentieth day of October, under a penalty of five dollars for each bird so killed, or had in possession or exposed for sale. $9. No person shall kill any wood duck, dusky duck, (commonly called black duck,) gray duck, (commonly called summer duck,) or teal duck, between the first day of February and the first day of August in each year, under a penalty of five dollars for each bird so killed. But this section shall not apply to the waters of Long Island sound or the Atlantic ocean. $10. No person shall at any time, or in any place within this state, with any trap or snare, take any quail or ruffled grouse, under a penalty of five dollars for each quail or grouse so trapped or snared. But on any prosecution under this section, it shall be deemed a defence to prove the said birds to have been taken on land owned by or in possession of the defendant. $ 11. No person shall place in any fresh water stream, lake or pond in which there are fish, any lime or other deleterious substance with intent to injure fish; nor any drug or medicated bait with intent thereby to poison or catch fish; nor place in any pond or lake stocked with or inhabited by trout, pike or pickerel, or sun fish, with intent to destroy such trout. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall in addition thereto, and in addition to any damage he may have done, be liable to a penalty of one hundred dollars. $12. Every person building or maintaining a dam upon rivers to the rivers emptying into Lake Ontario, the river St. Lawrence sluice-way. or Lake Champlain, which dam is higher than two feet, shall likewise build and maintain, during the months of March, April, May, September, October and November, for the purpose of the passage of fish, a sluice-way in the mid-channel, at least one foot in depth at the edge of the dam, and of proper width, and placed at an angle of not more than thirty degrees, and extending entirely to the running water below the dam, which sluice-way shall be protected on each side by an apron, at least one foot in height, to confine the water therein. 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 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. Defence. 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 trap in cer tain 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 spear or the jurisdiction of this state, in the waters of Lakes Ontario 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 |