property tory, so there shall be at least one notice or signboard so placed or Fish and erected for every one hundred acres of said territory. And when the game to be property to be protected shall consist of a lake or pond only, said no- of owner tices shall be placed in at least four conspicuous places upon the shore of land. of such lake or pond. But when said territory shall be inclosed by a fence or fences of reasonable capacity for protection of said premises, then notices or signboards of the dimensions aforesaid shall be placed on said fence or fences not more than one-half mile apart. After any such territory shall be dedicated and designated as aforesaid, all fish, birds and game, of, in or upon said territory shall be the property of the owner or owners, lessee or lessees thereof. As amended in 1880. fish or parks or § 28. After such grounds are inclosed in such manner as to render Taking such fish or game private property, no person shall catch or take from game from or kill, any fish, birds or game, in or upon said grounds, or the private waters thereon, or put on such grounds, or in any such waters, any grounds. poisonous or other deleterious substance, or piscivorous fish, or let off the waters from said grounds, with intent to take fish, or to destroy the fish or eggs placed in such waters, or deface or destroy any sign or notice posted or put up as aforesaid; or place any object against or near such fence or inclosure, with intent to aid dogs or other animals to get into said grounds, or to enable animals kept therein to escape therefrom, or enter upon any such ground with the implements or weapons for catching, taking or killing fish, birds or game, with the intention of catching, taking or killing any fish, birds or game thereon. Any person found guilty of any offense against this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to the owner or lessee in addition to the actual damages incurred, in exemplary damages to the amount of twenty-five dollars. fishways. § 29. The commissioners of fisheries of this State are hereby Signs at required and directed to erect and maintain, at a distance of eighty rods from any fishway established or constructed by the State, in any stream or water-course within its boundaries, sign-boards, on which shall be plainly painted or inscribed the words following, to wit, "eighty rods to the fish way; all persons are by law prohibited from fishing in this stream between this point and the fishway;" said signboard to be erected on both sides of the stream above and below the fish way. fisheries. §30. No person shall catch, take or kill, or attempt to catch, take State or kill, with any implements or device whatever, any fish within a distance of eighty rods from any fishery established by the State, within any stream or water-course within its boundaries, or tear down or deface or destroy any sign-board put up by the commissioners of fisheries of this State. Any person violating any of the provisions of this section, provided the sign-boards mentioned in the preceding section shall have been erected and maintained as directed by this act, shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars. bounty for § 31. A State bounty of thirty dollars for a grown wolf, fifteen dol- State lars for a pup wolf, and twenty dollars for a panther, shall be paid to wolves and any person or persons who shall kill any of said animals within the panthers. boundaries of this State. The person or persons obtaining said bounty shall prove the death of the animal so killed by him or them, by producing satisfactory affidavits, and the skull and skin of said animal, before the supervisor and one of the justices of the peace of the town Hunting Where. within the boundaries of which the said animal was killed. to the State. $32. There shall be no shooting, hunting, trapping or caging of on Sunday. birds or wild beasts, or having in possession in the open air for such purpose the implements for the shooting, hunting, trapping or caging of the same, on the first day of the week, called Sunday; and any person violating either of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for every such offense. Penalties, ered. § 33. All penalties imposed by this act may be recovered, with costs how recov- of suit, by any person in his own name, or by any society in its name, upon such society giving security for costs, before any justice of the peace in the county where the offense was committed, or in an adjoining county, when the amount does not exceed the jurisdiction of such justice, or when such suit shall be brought in the city of New York, before any justice of the district court, or of the marine court of said city; and such penalties may be recovered in the like manner in any court of record in the State, but on recovery by the plaintiff in such case for a less sum than fifty dollars, the plaintiff shall only be entitled to costs to an amount equal to the amount of such recovery; and it shall be the duty of any district attorney in this State, and he is hereby required to prosecute or to commence actions, in the name of the people of this State, for the recovery of the penalties allowed hereby, upon receiving proper information; and in all actions brought by such district attorney, one-half of the penalty recovered shall belong to the persons giving information on which the action is brought, and the other half shall be paid to the treasurer of the county in which such action is brought. All judgments recovered in pursuance of the provisions of this act, with the interest thereon, may be collected and the payment thereof enforced by execution against the person; and any person imprisoned upon any such execution shall be so imprisoned for a period of not less than five days, and at the rate of one day for every dollar or fractional part thereof of such judgment and interest when the same exceeds five dollars; and such imprisonment shall not be satisfaction of such judgment, but no person shall be more than once imprisoned upon any such judgment or execution, and two or more penalties may be included in the same action. Judgments, how enforced. Punish misde § 34. Any person who shall be found guilty of a misdemeanor under ments for any of the provisions of this act shall, upon conviction, be punished meanors. by fine of not less than five dollars, nor more than at the rate of one dollar for every dollar of the penalty provided by the section so violated, when the same exceeds five dollars, or by imprisonment in the county jail or penitentiary for a period of not less than five days nor more than at the rate of one day for every dollar of any such penalty, or by such fine and imprisonment, in the discretion of the court. of. § 35. Courts of special sessions in towns and villages, and the sev- Jurisdiceral courts in cities having jurisdiction to try other misdemeanors tion. shall have jurisdiction to try offenders in all cases occurring under this act in the same manner as in other cases where they how have jurisdiction, and to render and enforce judgment acordingly. All fines recovered by the provisions of this act shall be Fines, how paid over by the court receiving the same to the treasurer of the county disposed wherein the offense is committed, except in the county of New York, ind in the county of New York to the chamberlain in the city of New York, within ten days after their reception by such court, and such moneys shall be kept by such treasurer or chamberlain as a separate fund to be applied to the enforcements of the provisions of this act in such manner as the board of supervisors of the several counties, except in the city and county of New York, and in such city and county the board or aldermen may direct either for the employment of special detectives or the payment of rewards for the detection and arrest of offenders, and each of the boards of supervisors of this State shall have Tax to enpower to raise by tax, in the same manner as other taxes are raised for force law. county purposes, such sum not exceeding one thousand dollars in any year, as they shall deem proper to further aid in the enforcement of the provisions of this act. It shall be the duty of every sheriff, under- Duty of sheriff, deputy-sheriff, officer of police, or policeman and of every con- sheriff, etc. stable and every game constable and every bay constable to arrest wherever found within this State, without warrant, any person whom they shall find violating any of the provisions of this act, and immediately to bring such offender before the nearest magistrate having jurisdiction of the offense for examination and for trial. Any officer or Penalty magistrate who shall neglect or refuse diligently to enforce the pro- to enforce for failing visions of this act, upon proper information and complaint, shall be law. deemed guilty of a misdemeanor, and shall be punished by a fine or imprisonment, or by both such fine and imprisonment, in the discretion of the court. having § 36. Any person may sell or have in his or her possession any hare Selling and or rabbit or any woodcock, any ruffed grouse, commonly called part- game killed ridge, any pinnated grouse, commonly called prairie chicken, and any in season. quail from the first day of January to the first day of February, and any fresh venison from the first day of December to the first day of January, and shall not be liable for any penalty under this act, provided he proves that such birds or game were killed within the period provided by this act. regula § 37. It shall be lawful for the board of supervisors of any county, Board of at their annual meeting, to make any regulations or ordinances supervispro- ors may tecting other birds, fish or game than those mentioned in this act; make and, also, for the further protection of such birds, fish or game as are tions, etc. in this act mentioned, except wild deer, and to this end to prohibit hunting or fishing in particular localities or waters lying within their respective counties for limited periods and during certain months of the year, and to prescribe punishments and penalties for the violation thereof, and adopt all necessary measures for the enforcement of such punishment and the collection of such penalties, and such regulations and ordinances shall be published in the papers in such county in which the session laws are published, and a certified copy thereof shall be filed in the office of the clerk of the county. As amended in 1880 by omitting the word "wholly" between the words "lying" and" within." So in the original Game consta bles. § 38. It shall be lawful for the boards of supervisors of the several counties of this State, except as by this section hereinafter further provided as to the county of Kings, by the affirmative vote of a majority of the members elected at a regular meeting of such boards, respectively, to authorize the election in each or any of the towns or cities of their respective counties of one or more officers to be designated game constable, who shall be chosen at town meetings as other town officers are chosen, and hold office for the term of one year; and he or they shall take the oath of office the same, and be invested with and have the same powers in serving process under this act, that town constables now possess in serving civil process; but such game constable for the entire county of Kings may be appointed by the board of supervisors at any regular meeting, and he or they shall hold office to the last day of December next after his appointment, and until his successor shall be appointed and qualified; and all suits prosecuted by such game constable for the county of Kings, for penalties under the provisions of this act, may be prosecuted in the county court of Kings county, or in the city court of Brooklyn; and in case a recovery shall be had in such suits for less than fifty dollars, the plaintiff shall be entitled to costs to the amount of such recovery. Warrants of arrest may be issued by such courts in such actions prosecuted by the game constable of Kings county, as in cases provided for by section one hundred and seventy-nine of the Code of Procedure, except that no undertaking shall be required on behalf of the plaintiff, and the judgments may be enforced by execution against the person, and the sheriff of said county shall not be entitled to any deposit or pay from the plaintiff under the provisions of chapter eight hundred and thirteen of the laws of eighteen hundred and sixty-nine. It shall be the duty game con- of the game constable, after reliable information, to prosecute all violations of this act, and he shall receive such compensation for his services as is allowed by law for like services to constables of towns, and also one-half of all penalties recovered by him for violations of this act. In case of neglect or refusal of any game constable to prosecute any such violation, he shall forfeit the penalty of twenty-five dollars, to be sued for and recovered as specified in this act. Whenever any Constable game constable shall fail to recover the penalty in any prosecution commenced by him, pursuant to this section, the cost of suit incurred by him shall be charged against the county, and it shall be the duty of the board of supervisors of the county to audit and allow the same, as other county charges are audited and allowed (as amended by chapter five hundred and ninety-five, laws of eighteen hundred and seventy-two). Duty of stables. Costs where fails. Arrest of offenders. §39. Any justice of the marine or district court in the city of New York, or any justice of the peace, police or other magistrate, upon receiving sufficient security for costs on the part of the complainant, and sufficient proof by affidavit that any of the provisions of this act have been violated by any person being temporarily within its jurisdiction, but not residing there permanently, or by any person whose name and residence are unknown, is hereby authorized to issue his warrant for the arrest of such offender, and to cause him to be committed or held to bail to answer the charge against him ; and any such warrants. justice or magistrate, upon receiving proof or probable cause for believing in the concealment of any game or fish mentioned in this act, and taken during any of the periods prohibited, and upon the complainant's giving security to be approved by such magistrate for Search the damage which the defendant in the case may sustain in consequence of the complaint, provided he shall be found not to have violated the law, shall 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, crate or basket to be broken open and the contents examined. § 40. All acts and parts of acts for the preservation of wild deer, birds, fish Repeal. and game, including section two of chapter one hundred and eighty-three of the laws of eighteen hundred and seventy-five, are hereby repealed, except such acts and parts of acts as relate to the commissions of fisheries and the establishment of fishways, the construction of dams across the rivers of this State, the protection and preservation of shell fish, the incorporation of any company for the protection and propagation of fish and game, the election of bay constables, the laws conferring upon boards of supervisors special powers to legislate for the protection of fish, birds and game, and the laws regulating shad fishing; saving, nevertheless, so much of said act as may be necessary to sustain any right of recovery or condition thereunder for actions or prosecutions heretofore commenced. § 41. This act shall take effect immediately. Sec. 7 of ch. 531, L. 1880, may be considered as supplementary to this act, post, p. 1046. For acts probably repealed under sec. 40, supra, see ante, pp. ; vol. 9, pp. 187, 324, 369; vol. 7, pp. 199, 297, 308, 339, 522; vol. 6, pp. 158161, 299, 852; vol. 4, pp. 101, 106-108; see, also, vol. 9, pp. 208, 619. CHAP. 536. AN ACT to provide for a compilation and revision of the laws of the PASSED June 20, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: New York city revis ions act. revising SECTION 1. Within twenty days after the passage of this act the counsel to Commisthe corporation of the city of New York shall appoint two persons, who, sion for together with the said counsel to the corporation, shall constitute and form a laws relatcommission to compile and revise all the special or local laws, affecting public ing to N. interests in the city of New York, which shall be in force at the time such Y.city. commissioners shall make their final report; and in the execution of their duties said commissioners shall have free access to any public record or papers of this State relating to the city of New York, and be permitted to examine the same without fee or reward. ture. § 2. When the said commissioners shall have completed the compilation and Report to revision of the statutes as aforesaid, they shall cause a copy of the same to be legislasubmitted to the legislature for the year eighteen hundred and eighty, and at the same time they shall suggest to the legislature such contradictions, omissions and imperfections, as may appear in the original text, with their recommendations for amendment, either by repeal or by explanatory or supplementary legislation, with their reasons for such recommendations. commis §3. Each of said commissioners, excepting the counsel to the corporation, Compenshall receive for his services herein, the sum of five thousand dollars to be paid sation of by the comptroller of said city, in four equal payments, on the first day of sioners. August, the first day of October, the first day of December, in the year eighteen hundred and seventy-nine, and on the submission of their said report to the legislature, the said commissioners shall be allowed for expenses of clerical services and incidental expenses a sum not to exceed five thousand dollars, to be paid from time to time upon the requisition therefor upon the comptroller of said city. And to provide for the compensation and expenses herein mentioned, the comptroller shall issue revenue bonds payable from the taxes for |
