CHAP. 779. AN ACT in relation to mortgages executed by railroad companies. PASSED May 9, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: mortgages. SECTION 1. It shall not be necessary to file as a chattel Chattel mortgage which has been or shall hereafter be executed by any railroad company upon real and personal property, and which has been or shall be recorded as a mortgage of real estate in each county in or through which the railroad runs. $2. This act shall take effect immediately. CHAP. 781. AN ACT to amend the act entitled "An act to extend the operation and effect of the act passed February seventeenth, eighteen hundred and forty-eight, entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' passed April twenty-third, eighteen hundred and sixty four. PASSED May 9, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. SECTION 1. Section three of the act entitled "An act to Act extend the operation and effect of the act passed February seventeenth, eighteen hundred and forty-eight, entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' " passed April twenty-third, eighteen hundred and sixty-four, is hereby amended so as to read as follows: ed to other 3. Any three or more persons are hereby authorized to And extendorganize themselves into a corporation in the manner provided business. by the said act, and with all the powers, benefits and privileges thereby conferred, and subject to all the duties, liabilities and restrictions therein imposed, for the purpose of carrying on the business of constructing, maintaining and using stationary and floating elevators or warehouses for all purposes pertaining to or connected with trade or commerce in the several kinds of grain in the state of New York, or for the purpose of purchasing a suitable lot and erecting thereon a building to be used as a skating rink and for holding fairs, meetings, exhibitions and all other lawful entertainments and amusements. S2. This act shall take effect immediately. Act CHAP. 784. AN ACT to amend an act entitled "An act to authorize the formation of corporations to secure parsonages and other property for the use of Presiding Elders of the Methodist Episcopal Church," passed April fifth, eighteen hundred and sixty-seven. PASSED May 9, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Sections two and three of chapter two hundred amended. and sixty-five of the laws of eighteen hundred and sixty-seven, passed April fifth, eighteen hundred and sixty-seven, are hereby amended so as to read as follows: Certificate of incorporation. Holding real estate. 2. When such certificate shall be filed as aforesaid, the persons who shall have made, signed and acknowledged the same, and their successors, shall be and become a body politic and corporate, by the name stated in such certificate; and such corporation shall have succession, and possess the general powers conferred on corporations by the eighteenth chapter of the first part of the Revised Statutes of this state; and shall also have power to take, by gift, grant or purchase, any estate, real or personal, the annual income of which shall not exceed five thousand dollars, for the use of and as a residence. for the presiding elder, for the time being, of said district; and shall also have power to take by gift, grant or purchase, any estate, real or personal, the annual income or value of which shall not exceed ten thousand dollars, for the use of the authorities of the said Methodist Episcopal church representing said district, as a camp-ground for camp-meeting purposes; and from time to time to sell and convey the same, and to reinvest the proceeds thereof for a like purpose, as the trustees of such corporation, with the approval of the annual conference having jurisdiction over the district, may direct. And all the provisions of article seven, title eight, chapter twenty, part first of the Revised Statutes of this state, entitled "Of the disturbance of religious meetings," shall apply to all religious meetings held in pursuance of the provisions of this act, in accordance with the usages of the said Methodist Episcopal church. And the trustees of any such campground, appointed according to the provisions of the act hereby amended and for the purposes named in this act, and their successors in office, are hereby clothed with the same powers as are conferred upon peace officers in and by said article seven. § 3. Any real estate heretofore conveyed for the use of or as a residence for a presiding elder of any such district, and his successors in office, or for camp-meeting purposes, may be conveyed, by the trustees holding the title thereof, to a cor- CHAP. 785. AN ACT to amend and consolidate the several acts relating to the preservation of moose, wild deer, birds and fresh water fish, passed May thirteenth, eighteen hundred and sixty-seven. Ante, p. 199. PASSED May 9, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : killing moose. SECTION 1. No person shall kill, or pursue with intent to Time for kill, any moose or wild deer, save only during the months of August, September, October, November, and up to and inclusive of the tenth day of December, or shall expose for sale, or have in his or her possession, any green moose or deer skin, or fresh venison, save only in the months- aforesaid, and up to and inclusive of the tenth of December. rabbits. $ 2. No person shall at any time kill any wild fawn during Deer and the period when such fawn is in its spotted coat, or expose for sale, or have at any time in his or her possession any spotted wild fawn skin or any gray rabbit from the first of February to the first of November. S3. No person shall kill or catch, or discharge any firearm Pigeons. at any wild pigeon while in any nesting ground, or break up, or in any manner disturb such nesting ground, or the nests or birds therein, or discharge any firearm at any distance within one-fourth mile of such nesting place at such pigeon. birds. S4. No person shall kill or expose for sale, or have in his Water possession after the same is killed, any wood duck, dusky duck (commonly called black duck), gray duck (commonly called summer duck), mallard or teal duck, between the first day of February and the fifteenth day of August in each year. No person shall at any time kill any wild duck, goose or other wild fowl, with or by means of the device or instrument known as swivel or punt gun, or with or by means of any gun other than such guns as are habitually raised at arm's length and fired from the shoulder, or shall use any such device, or instrument or gun, other than such gun as aforesaid, with intent to kill any such duck, goose or other wild fowl. No person shall in any manner kill, or Penalty. Wild birds. Grouse. Woodcock. Quail. molest with intent to kill, any wild ducks, geese or other wild fowl, while the same are sitting at night upon their resting places. But this section shall not apply to waters of Long Island sound or the Atlantic ocean. S5. Any person violating the foregoing provisions of this act shall be deemed guilty of a misdeanor, and shall likewise be liable to a penalty of fifty dollars for each offense. S 6. No person shall at any time, within this state, kill or trap, or expose for sale, or have in his possession, after the same is killed, any eagle, fish hawk, night hawk, whippoorwill, finch, thrush, lark, sparrow, yellow bird, brown thresher, wren, martin, swallow, tonager, oriole, woodpecker, bobolink, or other harmless bird, or any song bird; or kill, trap or expose for sale any robin, black bird, meadow lark or starling, save during the months of August, September, October, November and December; nor destroy or rob the nests of any wild birds whatever, under a 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 habits or history, or having the same stuffed and set up as a specimen; nor to any person who shall kill on his own premises any robin during the period when summer fruits or grapes are ripening, provided such robin is killed in the act of destroying such fruits or grapes. S7. No person shall, at any time within ten years from the passage of this act, kill any pinnated grouse, commonly called the prairie fowl, unless upon grounds owned by them, and grouse placed thereon by said owners, under a penalty of ten dollars for each bird so killed. S8. No person shall kill, or have in his or her possession, except alive, for the purpose of preserving the same alive through the winter, or expose for sale any woodcock or ruffed grouse, commonly called partridge, between the first day of January and the first day of September, or kill any quail, sometimes called Virginia partridge, between the first day of January and the twentieth day of October, or have the same in possession, or expose the same for sale, between the first day of February and the twentieth day of October, or have in his possession any pinPrairie fowl nated grouse, commonly called prairie chicken, or expose the same for sale, between the first day of February and the first day of July, under a penalty of five dollars for each bird so killed or had in possession, or exposed for sale. Provided, Exception. however, that in the counties lying along the Hudson river and Susquehanna river and its branches, and in the counties lying south of the north line of the county of Greene and the county of Columbia, and in the counties bordering upon waters where the tide ebbs and flows, it shall be lawful to kill or possess or expose for sale, any woodcock or rail or ruffed grouse, commonly called partridge, between the third day of July and the first day of January. $9. No person shall, at any time or in any place within Penalty. this state, with any trap or snare, take any quail or ruffed grouse, under a penalty of five dollars for each quail or grouse so trapped or snared. on Sunday. S 10. There shall be no shooting, hunting or trapping on No shooting the first day of the week, called Sunday, and any person offending against the provisions of this section shall, on conviction, forfeit and pay a sum not exceeding twenty-five dollars, or be imprisoned in the county jail of the county where the offense was committed, not less than ten days nor more than twenty-five days for each offense. grounds. $ 11. Any person who shall at any time enter upon the Private lawn, garden, orchard or pleasure grounds immediately surrounding a dwelling-house, with any firearm, 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. water. $12. No person shall place in any fresh water stream, Poisons in lake or pond, without the consent of the owner, 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, black bass, pike, pickerel or sunfish, any drug or other deleterious substance, with intent to destroy such trout or other fish. 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 13. Every person building or maintaining a dam upon Dams on the rivers emptying into Lake Ontario, the river St. Law-inlets. rence, 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. ing. $ 14. No person shall at any time, with intent so to do, Trout fish catch any speckled brook trout or speckled river trout, with any device, save only a hook and line; and no person shall catch any such trout, or have any such trout in his or her possession, save only during the months of April, May, June, July, August and September, under a penalty of five dollars for |