PART I Penalty for neglect. For preservation of fish. 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 dani, 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. S4. All acts and parts of acts heretofore passed, in relation to dams or obstructions in the rivers above recited in the first section of this act, conflicting with this act, or regulating the fishery in the same, are hereby repealed. Rev. Stat. extended. CHAP. 64. AN ACT for the preservation of partridges, quails and woodcock, in certain counties therein mentioned. PASSED March 14, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. So much of the sixteenth title of the twentieth chapter of the first part of the Revised Statutes as relates to the preservation of partridges, quails and woodcock in the counties of Suffolk, Queens, Kings and New York, is hereby extended to the counties of Westchester, Dutchess and Richmond. CH. XVII. 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. 51. 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 $2. 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. for selling. §3. Every person who shall expose to sale any partridges Penalties or quail in either of the said counties respectively, or shall 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. 54. 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 recovered. $ 5. The penalties imposed and prescribed by this act, Penalties shall be sued for and recovered by and in the name of the 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: 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. $2. Every person who shall expose to sale any green deer skin or fresh venison, or who shall have the same in his cus-` tody 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. $ 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 $1. 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 bave 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. $2. No person shall at any time kill any wild fawn during Fawns not 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 $4. 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. killing, selling $6. No person shall at any time, within this state, kill or Against trap, or expose for sale, or have in his possession, after the trapping or 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. Partridge and quail. Duck. Against trapping quail or grouse. Against putting lime, &c,, in stream, lake, &c. Penalty. Dam upon certain rivers to have a sluice-way. 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. S8. 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. S 12. Every person building or maintaining a dam upon the rivers emptying into Lake Ontario, the river St. Lawrence 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. |