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COMMONWEALTH OF PENNSYLVANIA 
 
 PAMPHLET 
 
 CONTAINING THE 
 
 Game, Fish and Forestry Laws 
 
 This pamphlet Is published but once In two years, a single ed'tion being 
 
 printed, and that edition is limited in numbers by the Joint Besolu- 
 
 tion of the Senate and House directing its publication. 
 
 EDITED BY SETH E. GORDON 
 
 Acting Secretary of the Game Commission, 
 
 1919 
 
 HARRISBURG, PA.: 
 J. L. L. KUHN, PRINTER TO THE COMMu^> «VF .^rH 
 
 1819. 
 
.^^ 
 
 1^ 
 
COMMONWEALTH OF PENNSYLVANIA Zqlk.>J^,^^ 
 
 PAMPHLET 
 
 CONTAINING THE 
 
 Game, Fish, and Forestry Laws 
 
 This pamphlet is published hut once in two years, a single edition being 
 printed, and that edition is limited in niunbers by the Joint Resolu- 
 tion of the Senate and House directing its publication. 
 
 EDITED BY SETH E. GORDON 
 
 Acting Sccrctari/ of the Game Commission. 
 
 1919 
 
 HARRISBURG, PA.: 
 J. L. L. KUHN, miNTER T^ THE COMMO]N'AVEALTll: 
 
 1919. 
 
^\1 
 
 DIVISION 1. Page 9 
 
 Contains laws or parts of law treating of Game, of Song and 
 Insectivorous Birds. 
 
 DIVISION 2. Page 153 
 
 Contains laws or parts of laws treating of Pish only. 
 
 DIVISION 3. Page 265 
 
 Contains laws pertaining to Forestry. 
 
 A collection of Leading Decisions relative to Game and Fish 
 Laws is printed, beginning on page 239. 
 
 The Game Commission is entrusted with the care of Game and 
 Wild Birds. 
 
 The Department of Fisheries is charged with the protection of 
 
 Fishes. 
 
 The Forestry Department has control of Forestry. 
 
 The work of each is separate and distinct. 
 
 A summary of the laws bearing upon tliese subjects and separate 
 index is attached. 
 
 Please read the letter beginning on page 5. 
 
 % 
 
 (2) 
 
 
A JOINT RESOLUTION 
 
 Directing the publication of the pamphlet containing the Game, 
 
 Fish, and Forestry Laws. 
 
 Section 1. Be it resolved (if the Senate concur) , 
 That the Secretary of the Board of Game Commis- 
 sioners of the Commonwealth be, and is hereby, di- • 
 rected to prepare the data, and, as soon as possible 
 after the close of its session, present the same to the 
 Superintendent of Public Printing, who shall, at the 
 expense of the State, have published in pamphlet form 
 one hundred thousand (100,000) copies of said laws, 
 together with such letter of instruction or explanation 
 by those entrusted with the care of our game, our 
 forests, and our fish, as may seem necessary; these 
 pamphlets to be placed by the Division of Distribution 
 of Documents in numbers as provided by law. 
 
 Approved— The 10th day of July A. D. 1919. 
 
 WM. C. SPROUL. 
 
 (3) 
 
(4) 
 
LETTER OF TRANSMITTAL. 
 
 In the minds of those who have to do with the forestry, the 
 fish, und the game interests of this Commonwealth, those that 
 have given these subjects careful and thoughtful study, each of 
 them in itself seems to occupy such a place in the makeup of the 
 individual life of so many people and are jointly so interwoven 
 with each other and the general prospe^-ity of our State, as to 
 make even their prospective loss appear \v the light of a calamity ; 
 a condition that if once established will be extremely hard, if not 
 impossible, to overcome, and that will bring serious, very serious, 
 results in its train. 
 
 It has long since been determined that growing timber, forest, 
 shade and fruit trees were absolutely necessary to the healthful 
 enjoyment of this life ; that the product of growing timber is 
 absolutely necessary to the success of mechanical pursuits: that 
 upon the preservation or reproduction of our forests depends our 
 continuous water su^iply, our protection from drought, as well as 
 our defense against excessive floods. 
 
 It is desired to call particular attention to two statutes re- 
 lating to forests and forestry. The first is the municipal forest 
 law, which permits municipalities to purchase forest land for the 
 purpose of revenue, using the returns for such municipal pur- 
 poses as may be necessary ; and the other is the forest fire 
 wardens act, completely changing the system of fire fighting in 
 this Commonwealth. These acts will be found at pages 295 and 32L 
 
 Forests, aside from their other uses, are absolutely necessary to 
 the well-being of the greater part of our game and wild bird life. 
 In the forests tliese creatures find permanent homes, and tem- 
 porary shelter from storms and from their enemies. The forest 
 supplies a varied and frequently ample food supply that can 
 be secured from no other source. It is therefore important that 
 everybody, and es^pecially sportsmen, and lovers of our wild life, 
 should see to it that our forests are protected and preserved. 
 Forest fires should be especially guarded against. What is the 
 use of planting trees or of protecting for a period those trees that 
 may spring up naturally and then stand idly by and see those 
 same trees destroyed by fires. The Department of Forestry, no 
 matter how willing or energetic they may be, find it impossible 
 to do everything ; they beg of you to help them, to keep down 
 forest fires, everywhere in the Commonwealth. 
 
 (5) 
 
6 GAME, FISH, AND FORESTRY LAWS. 
 
 How much better it would have been for this Commonwealth 
 had the subject of forestry, with all that word covers, been in- 
 telligently considered and acted upon fifty years ago instead of 
 to-day. 
 
 How much better it would have been had the people of this 
 Commonwealth, and of this Nation, endorsed the idea of game, 
 and wild bird preservation, and of fish protection and propagation, 
 fifty years ago instead of at this time. 
 
 It has been said that the benefit derived by a day afield with 
 rod, or gun, by the tired, or worn out, indoor worker, is some- 
 thing that cannot be correctly expressed in words or figures. 
 Physical exercise and forgetfulness of daily worry and business 
 care being their reward in return of health, and there is no in- 
 centive in this direction that begins to take the place of the 
 pursuit of game or fish. Any one who ever hooked a two-pound 
 bass, or used an artificial fly, can realize what total forgetful- 
 ness of business cares means ; how from the moment the strike 
 was made the circulation quickened and all thought of the World 
 outside was forgotten, until that fish was landed ; how in anticipa- 
 tion of a strike every cast of the fly took his whole attention. 
 No one can forget the flushing of that wild turkey or of that 
 pheasant, or of that convey of quail, or how bunny sprang out 
 most unexpectedly and how in absolute forgetfulness of all beside, 
 he took that needed and continued exercise in their pursuit, that 
 nothing besides would have caused him to take, and how in rest- 
 ful oblivion he passed the night without even a dream of business 
 cares. 
 
 The Department of Health was created for the purpose of ocn- 
 serving the health of our people. Sanitariums are everjrwhere 
 being erected and maintained, in the hope of curing those who 
 are ailing. Our idea is make an open park of all the wild lands of 
 this Commonwealth, a place in which our people of all classes 
 can find pleasure and maintain their strength ; where the well 
 and strong can enjoy an outing that will keep them well and 
 make them stronger; where those who are starting on the road to 
 shattered nerves, and inability to meet the demands they are called 
 upon to face, can strengthen their hold on all those things that 
 fit men the better to meet the requirements of their everyday battle 
 with the World. 
 
 The presence of game or fish is a lure to strenuous outdoor 
 exercise, that means better health to those who hunt or fish, 
 and therefore better citizenship. To us, hunting or the punsuit of 
 game does not appear simply in the light of recreation, or pleasure, 
 nor does it appear as a waste of time ; hut instead is in every 
 sense of the word a National necessity. 
 
 The ability acquired by young America in the pursuit of game, 
 in the handling of the gun, in taking ca^v of himself in the field, 
 or in the forests, or on the water, has made it possible for our 
 
GAME, FISH, AND FORESTRY LAWS. 7 
 
 Volunteers to become, with limited discipline and drill, the equal 
 of any Regular on the face of the Earth. I cite as illustration the 
 work done by riflemen during the war of the Revolution; by 
 Jackson's men at New Orleans ; the efficiency of our own Penn- 
 sylvania Bucktails during the late Civil War; the work of the 
 Boer with the gun in South Africa, where 1,000 men, who knew 
 how to shoot and to shift for themselves, appeared to be the 
 equal of many thousands of men who did not possess that ability ; 
 and the exceptionally fine record made by the Pennsylvania boys 
 in the late war with the Germans. Under our system of Govern- 
 ment and present conditions the efficient volunteer is our bulwark 
 of defense in the time of War, and this State owes it to itself, 
 for this reason, if for no other, to supply its young men with the 
 incentive of this training in the shape of game, without which they 
 cannot and will not be fitted to meet Lhe demands made upon 
 them. 
 
 This book contains a compilation of the laws of this Common- 
 wealth upon the subjects of forestry, fish, and game ; and it is tho 
 most earnest desire of those entrusted with the care of these sub- 
 jects that every resident of this Commonwealth awake now to the 
 realization of the fact that their individual help is needed to pro- 
 tect these interests. No one, it seems to us, has attained position 
 in this State that places him above having a personal interest in 
 these matters and no one occupies a position so lowly that his in- 
 fluence cannot be of value. Every community should have an org- 
 anization for forestry, fish, and game protection, and we hope the 
 laws contained in this little book will be read and re-read, not by 
 hunters and fishermen only, but by every individual in the State 
 who has her interests truly at heart ; who, if they will but one 
 moment think upon these subjects, cannot fail to recognize that 
 every step taken for the protection of our forests, our fish and our 
 game and our wild birds other than game birds, is a step in the 
 right direction and one that cannot fail to be of benefit to the Com- 
 monwealth. 
 
 It is impossible to secure laws that in ail respects suit everybody. 
 We believe the acts contained in this book are fair and reasonable 
 and just in most respects, and are worthy of the highest regard 
 and entitled to the full support of all law-abiding citizens. They » 
 were passed for the purpose of benefiting all the people of this 
 Commonwealth. Neither of the Departments entrusted with the 
 care of these subjects is powerful enough in itself to enforce the 
 laws as they should be enforced. Neither of these Departments, 
 without the help of the people, can secure results such as are de- 
 sired. We need your individual support. We want that help. 
 We feel that we are working for your benefit and are entitled to 
 that support. We beg of you to help yourself and your community 
 by aiding us in this work. 
 
8 GAME, FISH, AND FORESTRY LAWS. 
 
 iDdividual effort in behalf of these subj'icts is well enough, and 
 much good has already and will hereafter result from such efforts. 
 Organization for the purpose of advancing these interests is still 
 better. We would like to see an organization for one or all of 
 these purposes combined in every community of this Common- 
 wealth. 
 
 Respectfully yours, 
 
 SETH E. GORDON, 
 
 Acting Secretary, Game Commission 
 
GAME, FISH, AND FORESTRY LAWS 
 
 DIVISION 1 
 
 CONTAINING LAWS OR PARTS OF LAWS 
 TREATING OF GAME, OF SONG. AND IN- 
 SECTIVOROTTS BIRDS. 
 
 AN ACT 
 
 To provide for the appointment of Game Coniniis- 
 sioners for the Commonwealth of Pennsylvania, de- 
 fining their duties and empowering thorn to appoint 
 Game Protectors. 
 
 Section 1. Be it enacted, &c., That the Governoj* 
 of the Commonwealth is hereby authorized and re- 
 (luired to appoint, subject to the approval of the 
 Senate, six competent citizens of this State to be 
 an act as a Board of Game Commissioners, no two 
 of whom shall be from the same Senatorial district, 
 and shall, upon said appointment designate which 
 two of said persons shall receive and hold office dur- 
 ing the terra of one year, which two of said persons 
 shall receive and hold office during the term of two 
 years, and which two of said persons shall receive and 
 hold office for the term of three years. 
 
 Upon the death, resignation or removal from office 
 of any pei*sons so appointed as aforesaid, the Gover- 
 nor shall appoint a competent person to serve for 
 the unexpired term of the person so dying, resigning 
 or removed, subject to the approval of the Senate at 
 its next meeting, if such meeting shall be before the 
 expiration of the term of office of such appointee. 
 
 Upon the expiration of the term of the officers so 
 appointed and designated under the provisions of this 
 act, their successor shall be appointed in manner 
 aforesaid for the term of three years so that there 
 shall not bo more than two vacancies at any one 
 
 Jxuie 25, 
 1895, p. 
 273 
 
 L. 
 
 AppointiiMiit 
 of Board of 
 Game Com- 
 missioners, 
 authorized. 
 
 Terms of 
 first ap- 
 pointees. 
 
 Vacanry. 
 how filled. 
 
 (9) 
 
10 
 
 GAME, FISH, AND FORE>STRY LAWS. 
 
 I'ull tcnii 
 .^luill be 
 throe years. 
 No compen- 
 sation for 
 jsers'ices. 
 
 Office of 
 Board. 
 
 greetings. 
 
 I >uties of 
 IJoard in 
 protection of 
 
 same. 
 
 In collection 
 of fctatistlGS. 
 
 Koop re- 
 jiorts, &c. 
 
 Annual re- 
 port to G©T- 
 ernor. 
 
 Contents <>f 
 report. 
 
 Govemor 
 !-hall present 
 report to 
 Legislature. 
 
 Game 
 inotectors. 
 
 Number. 
 
 time in such commission, and the term of two com- 
 missioners shall expire thereafter each year. The 
 commissioners shall receive no compensation for 
 their services. 
 
 Section 2. The Board of Game Commissioners 
 shall have an office in the Capitol, at Harrisburg, 
 Pennsylvania, and shall hold meetings at such office 
 on the first Thursday of January and July, and at 
 such other times and places within the State as the 
 commissioners shall appoint for the transaction of 
 business. It shall be the duty of said Board to pro- 
 tect and preserve the game, song and insectivorous 
 birds and mammals of the State, and to enforce, by 
 proper action and proceedings, the laws of this Com- 
 monwealtli relating to the same. It shall be the duty 
 of said board to collect, classify and preserve all such 
 statistics, data and information as, in their judgment, 
 will tend to promote the objects of this act, to take 
 charge of and keep all reports, books, papers and doc- 
 uments which shall, in the discharge of their duties 
 hereunder, come into their possession or under their 
 control. 
 
 It shall be the duty of said Board, on or before the 
 first Monday in December of each year, to prepare 
 and present to the Governor of this State an annual 
 report, showing what has been done by them during 
 the current year, the amount received by them, and 
 from what sources, and the amount expended by them, 
 and for what purposes, with such recommendations 
 for legislative action, if any, as the said board may 
 (libera wise for the better accomplishment of this act. 
 I'he Governor shall lay said reports before the Legis- 
 latures convening next after their receipt. 
 
 Section 3, as amended by the Act of July 12th, 
 1919, P. L. 932. 
 
 Section 
 
 Tlie Board of Game Commissioners 
 
 Chief Game 
 Protector 
 shall be 
 Secretary of 
 the Board. 
 
 shall have the power and authority to appoint eighty 
 (80) competent men, if so many be needed to prop- 
 erly discharge the duties devolving upon said Board, 
 whose powder and duties are hereinafter defined, and 
 who shalT be known as Game Protectors, which num- 
 ber shall include such men as may be appointed Game 
 Protectors and detailed to office duty. The said 
 Board shall, from time to time, designate one of such 
 Protectoi*s as Chief Protector, who shall remain such 
 during tte pleasure of the Board, and who shall have 
 the direction, supervision, and control of the other 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 11 
 
 I'l-otectors. The Chi<4' (inme Protector shall be 
 Secretary to the Board of Game Commissioners, and 
 shall occupy as his permanent headquarters the 
 rooms assigned to the Game Commissioners at the 
 Capitol, at Harrisburg. Said Secretary shall have 
 authority to have printed, at the expense of the 
 State, the annual report of the Board of Game Com- 
 missioners to the Governor, and such other bulletins 
 :is, in the opinion of said Board, may be necessary 
 i(» its work. 
 
 Section 4. Game Protectors so appointed shall hold 
 oHice during the pleasure of the Board of Game Com- 
 inissionei's, which may summarily remove any of their 
 number and appoint another in his place. The Game 
 Protectors shall enforce all the game laws of the 
 State and the provisions supplementary thereto, and 
 shall have full power to execute all warrants and 
 search warrants issued for the violation of the game 
 law, and to serve subpoenas issued for the examina- 
 tion, investigation or trial of all offenses against said 
 laws; each Protector shall keep a record of his official 
 acts, receipts and expenditures and at the close of 
 each month make summary of such record, with such 
 statements in detail as shall be necessary for the 
 information of his Chief, and report the same to the 
 (^hief Protector under oath. The Chief Protector 
 shall report to the Board of Commissioners any negli- 
 gence or dereliction of duty or incompetency on the 
 ]»art of any of the Protectors, with the facts relating 
 tliereto, and he shall report monthly to said Commis- 
 sioners the operations of his department during the 
 l)roceding month, and shall make such further re- 
 ports as may be required by the Board of Commis- 
 sioners. 
 
 Aumiiil re- 
 port and 
 bulletins. 
 
 Protectors 
 shall hold 
 office at 
 pleasure of 
 Board. 
 
 Shall en- 
 force game 
 laws. 
 
 Serve sub- 
 poenas. 
 
 Shall keep 
 record of 
 official acts, 
 &c., and re- 
 port under 
 oath. 
 
 Chief Pro- 
 tector shall 
 report negli- 
 gence on 
 part of Pro- ' 
 tectors. 
 
 Shall make 
 montlily re- 
 port. 
 
 Approved— The 25th of June, A. D. 1805. 
 
 DANIEL H. HASTINGS. 
 
12 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 MiU-cli 2'J 
 1S09, P. 
 17. 
 
 I,. 
 
 Coiistaliles 
 to be cx-olfi- 
 fio fire, 
 jjaiue and 
 fish war- 
 dens. 
 
 Duties of , 
 wardens. 
 
 May arrest, 
 M ithout 
 \\:trrant. 
 
 Arrests may 
 l>e made on 
 Sunday. 
 
 l^ower with- 
 out wa rrant 
 to search 
 and examine. 
 
 To seize and 
 take posses- 
 sion of same 
 and fish. 
 
 AN ACT 
 
 Making constables of townships and boroughs ox- 
 officio fire, game and fish wardens, prescribing their 
 powers and duties, fixing their fees as wardens, and 
 prescribing their punishment for failure to perform 
 their duties. 
 
 Section 1. Be it enacted, &c., That from and aft<'r 
 the passage of this act the constables of the various 
 wards, boroughs and townships of the Commonwealtli 
 shall be ex-officio fire, game,* and fish wardens. 
 
 Section 2. It shall be the duty of said fire, game 
 and fish wardens to enforce all statutes of this State 
 now in force, or that hereafter be enacted, for the 
 protection of forests and timber lands from fire, and 
 for the protection and propagation of game, game 
 birds, game mammals, song and insectivorous birds, 
 and fish, and said constables or wardens shall have 
 authority to arrest without warrant any person or 
 persons caught by them in the act of violating any »>f 
 the aforesaid laws for the, protection of forests and 
 timber lands, game, and food and game fish, and 
 take such person or persons forthwith before a ju.s- 
 tice of the peace or other magistrate having juris- 
 diction, who shall proceed without delay to hear, 
 try and determine the matter. Such arrests m'ay be 
 also made on Sunday, in which case the person or 
 persons arrested shall be taken before the proper 
 oflicer, and preceeded against as soon as may be on 
 a week day following the arrest. 
 
 Section 3. Said constables or wardens shall have 
 power without warrant to search and examine any 
 boat, conveyance, vehicle, fish box, fish basket, game 
 bag or game coat, or other receptacle for game or 
 fish, when they have good reason to believe that any 
 of the laws for the protection of forests and timber 
 lands, game and fish, have been violated ; and the 
 said constables shall at any time seize and take pos- 
 sessinn of any and all birds, animals or fish, whicli 
 have been caught, taken or killed at any time, in a 
 manner or for a purpose, or had in possession or 
 under control, have been shipped or are about to be 
 
 *S» far as it relates to constables as ex-officio fire wardens, 
 this act is repealed. 
 
GAME, FISH, xVND FORES^PRY LAWS. 
 
 13 
 
 shipped, contrary' to any of the laws of this State. 
 Any court having jurisdiction of the offense, upon re- 
 receiving proof of probable cause for belicveing in 
 tlie concealment of any bird, animal or fish, caught, 
 taken, killed, had in possession, under control or 
 shipped, or about to be shipped, contrary to law, 
 shall issue a search warrant and cause a search to 
 be made in any place, and to that end may, after 
 demand and refusal, cause any building, enclosure or 
 car to be entered, and any apartment, chest, box, 
 locker, crate, basket or package, to be broken open 
 and the contents thereof examined by said constable. 
 All birds, animals or fish, or net, or fishing ap- 
 pliances, or apparatus, stdzed by any constable or 
 warden, shall be disposed of in such manner as may 
 be directed by the court before whom the offense is 
 ti-ied, and such constables or warden shall not be 
 liable for damages on account of any such search, 
 examination or seizure, or the destruction of any nets 
 or fishing apparatus of any kind in accordance with 
 the provisions of this act. 
 
 Section 4. Any constable or warden, upon the ar- 
 rest and prosecution of any offender to conviction 
 under the provisions of this act, shall, in addition 
 to the fees to which he may be entitled under exist- 
 ing laws, be paid for his services the sum of ten 
 dollars on a warrant drawn by the county commis- 
 sioners on the county treasurer one-half of which 
 shall be paid out of the treasury of the respective 
 county, and the remaining half of said reward shall 
 be paid by the State Treasurer into the treasury 
 of said county, out of moneys not otherwise appro- 
 priated, ui)on warrant from the Auditor General, but 
 no such warrant shall be drawn until the respective 
 county commissioners shall have first furnished, under 
 oath, to the Auditor General, a written itemized 
 statement of suck expenses, and until the same is 
 approved by the Auditor General : Provided, That 
 no county shall be liable to pay for this purpose in 
 any one year an amount exceeding five hundred dol- 
 lars. 
 
 Section 5. Each of said constables or wardens 
 shall, for the purpose of this act, have concurrent 
 jurisdiction thi-oughout his own proper county ; and 
 rhey shall in the first week in each term of the court 
 of quarter sessions of their respective counties, make 
 
 Courts may 
 issue sea rch 
 ^varrauts. 
 
 Property 
 seized to be 
 disposed of 
 as dii-ected 
 by the court. 
 
 Constal)k'S 
 not liable 
 
 lor damages. 
 
 Constables'" 
 or Avardens 
 to be pai;l. 
 
 Amount. 
 
 How paid. 
 
 Proviso. 
 
 Constables 
 or wardens 
 to have 
 concurrent 
 jurisdiction. 
 
14 
 
 GAME, Fi5h, and FORESTRY LAWS. 
 
 To mako 
 special re- 
 turns to 
 court. 
 
 Duty •f the 
 court. 
 
 Neglort 0!' 
 refusal of 
 constables a 
 misde- 
 meanor. 
 
 Pemalty. 
 
 Repe«I. 
 
 special returns to said court, under oath, of all vio- 
 lations occurring in their respective townships, or 
 which maj' come or be brought to their notice, of 
 any of the provisions of any law now in force, or 
 that may hereafter be enacted, for the protection of 
 forests and timber lands, game and fish ; and it shall 
 be the duty of the judge of said court to see that 
 such returns are faithfully made, and any constable 
 or warden wilfully neglecting or refusing to make 
 such returns, or to prosecute any offense under said 
 laws of which he shall have personal knowle<lge or of 
 which he shall have notice in writing by any citizen, 
 giving the name of the offender together with the 
 names of the witnesses, shall be guilty of a misde- 
 meanor, and upon conviction thereof be sentenced to 
 pay a fine of fifty dollars, or to undergo an imprison- 
 ment in the county jail for two months, both or either 
 at the discretion of the court. 
 
 Section 6. All sections, provisions, acts or parts 
 of acts inconsistent with this act, or any section of 
 it, are hereby repealed. 
 
 Approved— The 22nd day of :March, A. D. 1890. 
 
 WTLEIAM A. STONE. 
 
 Mav 21. 
 1901, P. L,. 
 266. 
 
 A SUPPLEMENT 
 
 To an act, entitled "An act to provide for the ap- 
 pointment of Game Commissioners of the Common- 
 wealth of Pennsylvania, defining their duties, and 
 empowering them to appoint Game Protectors," ap- 
 proved the twenty-fifth day of June, Anno Domini 
 one thousand eight hundred and ninety-five ; ex- 
 tending the powers of said Protectors, making dis- 
 position of fines received by them, and regulating 
 their pay. 
 
 Section 1. Be it enacted. &c.. That from and after 
 the passage of this act the Game Protectors appointed 
 by virtue of the provisions of the act, entitled "An 
 act to provide for the appointment of Game Commis- 
 sioners for the Commonwealth of Pennsylvania, de- 
 fining their duties, and empowering them to appoint 
 Game Protectors," approved the twenty-fifth day of 
 June, Anno Domini one thousand eight hundred and 
 ninety-five shall have, in addition to the powers con- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 15 
 
 forrod upon them by said act, the authority to arrest 
 without warrant any person or persons found by 
 thera in the act of violating any of the laws of this 
 Commonwealth now in force, or that may hereafter 
 be enacted for the protection of game, of song and of 
 insectivorous birds, aud take such person or persons 
 forthwith before a justice of the peace or other magis- 
 trate having jurisdiction, who shall proceed without 
 delay to hear, try and determine the matter; such 
 arrest may also be made on Sunday, in which case 
 the person or persons, so arrested, for safe keeping 
 may be committed to the jail for that day, but shall 
 be taken before tlie proper magistrate and proceeded 
 against as soon as may be on a M'^eek day . following 
 the arrest. 
 
 Section 2. Said Game Protectors shall have power, 
 without warrant, to search and examine any boat, 
 conveyance, vehicle, game-bag, game-coat, or other 
 receptacle for game, when they have good cause to 
 believe that any of the lav>rs of this Commonwealth 
 for the protection of game, of song or of insectivorous 
 birds, have been violated : and the said game protec- 
 tors shall, at any and all times, have the right to 
 seize and take possession of any and all birds or ani- 
 mals which have been caught, taken or killed, at any 
 time, in a manner or for a purpose, or had in posses- 
 sion or under control, have been shipped or about to 
 be shipped, contrary to any of the laws of this Com- 
 monwealth. Any court having jurisdiction of the 
 offense, upon receiving proof of the probable cause 
 for believing in the concealment of any bird or animal 
 caught, taken, killed, had in possession, under con- 
 trol, shipped or about to be shipped contrary to any 
 laws of this Commonwealth, shall issue a search wai- 
 rant, and cause a search to be made in any place ; 
 and to that end may, after demand and refusal, 
 cause any building, enclosure or car to be entered! 
 and any apartment, chest, locker, box, trunk, crate, 
 basket, bag or package, to be broken open and tlie 
 contents thereof to be examined by said Protector. 
 All birds or animals classed as game, found therein 
 in violation of law, shall be seized by the protector 
 making the search, who shall, as soon as may be 
 thereafter, forward said game to the nearest hospital, 
 for the use of the sick or injured therein! ; the bodies 
 or parts of bodies of all song or insectivorous birds, 
 so taken, shall, unless needed for evidence, be de- 
 
 May arrest 
 without war- 
 rant. 
 
 In case of 
 arrest on 
 Sunday! 
 
 Search and 
 examination 
 without 
 warrant. 
 
 Seizure of 
 game. 
 
 Search war- 
 rant. 
 
 Game seized 
 to be for- 
 warded to 
 the nearest 
 hospital. 
 
1(5 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 CiiiiKs and 
 iippliatH't's 
 
 iiUftion. 
 
 Securing; of 
 ('\i(lciici'. 
 
 (liinio to be 
 forwarded to 
 lius;)jtal. 
 
 hit( ilereuce 
 with Game 
 Protectors. 
 
 Aid in 
 inakiiifi ai'- 
 rests. 
 
 ("om])ensa- 
 tioii of 
 (JaiDe Pro- 
 tectors. 
 
 Expen.se.':. 
 
 All lilies and 
 penalties to 
 lie turned 
 over to 
 Game Com- 
 niijssion. 
 
 Proviso. 
 
 .stioyod ; all guns, gunning appliances, sbootiug ap- 
 paratus, trap or gunning apparel, found in said 
 receptacle or receptacles, where the search warrant is 
 issued against a non-resident, shall be seized by said 
 Protector, and held, subject to the payment of the 
 maximum penalty attached by law to the offense 
 charged, and the costs of prosecution ; said goods to 
 be sold at public auction, after the lapse of twenty 
 (hiy.s from the date of seizure, and failure of the 
 r('])uted owner to appear and defend himself against 
 the charges preferred ; and such Game Protector or 
 Protectors shall not be liable for damages on account 
 of any arrest, search, examination, seizure or sale, 
 made in accordance with the provisions of this act. 
 
 Section 3. Any of the ('ame Protectors of this 
 State shall have the right, for the purpose of securing 
 evidence wherewith to convict of violations of the 
 game law, to purchase or sell game, the purchase or 
 sale of which is otherwise forbidden, and shall not be 
 liable to any of the fines or penalties imposed by law 
 for tlie purchase or sale of game. All game re- 
 maining in the hands of a Protector, after the pur- 
 pose for which it was procured shall have been ac- 
 complished, shall be forwarded to the nearest hos- 
 pital for the use of the sick or injured therein. 
 
 Section 4. Any person or persons interfering with 
 any of the Game Protectors of this Commonwealth 
 in the discharge of their duties, or resisting arrest, 
 shall be liable to a penalty of one hundred dollars, 
 or be imprisoned in the county jail for a period of 
 one day for each dollar of penalty imposed. Any 
 game protector is hereby authorized to call to his aid 
 any citizen or citizens of tliis Commonwealth, for 
 assistance as needed in making an arrest. 
 
 Section 5. That the Game Protectors, so ap- 
 pointed, shall receive salary or pay per day, as may 
 be agreed upon by the Game Commission, with ex- 
 penses not to exceed two dollars per day outside 
 of traveling expenses ; said expense account to be 
 itemized and presented under oath. All moneys com- 
 ing to any Game Protector as his part of any fine or 
 penalty, under existing law. wherein he is the prose- 
 cutor, shall belong to the Game Commission, and 
 shall be surrendered by said Protector to the Secre- 
 tary of the said Commission for its use : Provided, 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 17 
 
 That the combiiK'd expense account of the Game 
 Commission shiill not exceed the amount set apart 
 by law to their vise. 
 
 Section 6, All acts or parts of acts inconsistent Repeal, 
 with this act are hereby repealed. 
 
 Approved— The I'lst day of May, A. D. 1001. 
 
 WILLIAM A. STONE. 
 
 AN ACT 
 
 To prohibit the capture or killing of beaver wnthin 
 the Commonwealtli of Pennsylvania, and providing 
 penalties for the \iolation of its provisions. 
 
 Section 1. P>e it enacted, &c.. That from and after 
 the passage of this act, it shall be unlawful to kill or 
 capture, or to attempt to kill or capture, any beaver 
 within this Commonwealth. 
 
 Section 2. ^ Any person violating any of the pro- 
 \isions of this act .shall be liable to a penalty of 
 one hundred dollars for each offense; or, in default 
 for the payment thereof, with the costs of prosecu- 
 tion, to undergo an imprisonment, in the jail of the 
 county whei*e the offense is committed, of one day for 
 each dollar of penalty imposed ; and the possession of 
 any beavei"^ or of the fresh skin or any portion of the 
 fresh skin or carcass of such animal, shall be prima 
 facie evidence of a violation of this act by the person 
 or persons in whose possession the same shall have 
 been found. 
 
 Section 3. For the purposes of this act, the beaver 
 shall be classed as game in this Commonwealth ; and 
 it is hereby made the duty of all officers of the State, 
 entrusted with tlie protection of game, to see that the 
 provisions of this act are enforced. All prosecutions 
 for violation of the provisions of this act shall be 
 brought, and the course of proceeding followed, as 
 prescribed by section twelve of an act. entitled ''An 
 act to provide for the protection and preservation 
 
 March 17, 
 
 190;:, r. 
 
 28. 
 
 Unlawful to 
 kill or cap- 
 ture beaver. 
 
 Fine. 
 
 luiprison- 
 mnit. 
 
 Prima facie 
 evidence. 
 
 Beaver 
 cla.sse(l as 
 "game." 
 
 Duty of 
 game war- 
 dens, etc. 
 
 Prosecu- 
 tions. 
 
18 
 
 0AME, FISH, AND FORESTRY LAWS.^ 
 
 of £>nrii(\ same quadrupeds, gamo birds, et cetera," 
 approved the fourth day of June. Anno Domini one 
 thousand eight hundred and ninety-seven. 
 
 Approved— The ITtTi day of March, A. D. 1003. 
 
 SAML. W. PENNYPACKER. 
 
 Apiil 16. 
 196.", r. L. 
 21S. 
 
 Officers 
 whose duty 
 it is to en- 
 forcG saiB<> 
 
 Record 
 costs. 
 
 Tlie county s 
 
 liability 
 
 thcipfor. 
 
 AN ACT 
 
 FixiiiS the liability for record co^ts, in cases where 
 Officers, whose duty it is to enforce the game laws 
 of this Commonwealth, fail, for any legal cause, 
 to receive the same from the defendant. 
 
 Section 1. Be it enacted, &e., That from and after 
 tlic passage of this act, whenever any officer of this 
 Commonwealth, whose duty it is by the laws of this 
 State to protect our game, our song or our insec- 
 tivorous birds, shall in good faith, bring suit for vio- 
 lation of any of the laws relative to these subjects, 
 and for any legal cause shall fail to recover the costs 
 of record, the same shall be a charge upon the proper 
 county, and shall be audited and paid as are costs 
 of like character in said county. 
 
 Approved— The 16th day of April, A. D. 1903. 
 
 SAML. W. PENNYPACKER. 
 
 July 9, 1001, 
 P. L. 612. 
 
 Hunting and 
 trapping- of 
 game birds 
 and animals 
 on inclosed 
 or cultivated 
 lands. 
 
 Trespass. 
 Fine. 
 
 AN ACT 
 
 Making it wilful trespass to hunt, trap and take game 
 birds or game animals upon cultivated lauds, and 
 providing for the punishment of such trespass. 
 
 Section 1. Be it enacted, &c., That on and after 
 the passage of this act, any person or persons tres- 
 passing on any cultivated lands in this Common- 
 wealth, for the purpose of hunting and trapping and 
 taking therefrom any game birds or game animals, 
 after public notice by the owner, lessee, or occupant 
 thereof, such notice to be posted on, and adjacent 
 to such cultivated lands, shall be guilty of wilful 
 trespass, and in addition to the damages recoverable 
 by law shall be liable to the owner, lessee, or occu- 
 pant in a penalty not exceeding five dollars for each 
 and every such offense. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 19 
 
 Section 2. Any justice of the peace or alderman, 
 upon information or complaint made before him, by 
 affidavit, of the violation of the provisions of this 
 act by any person or persons, is hereby authorised 
 and directed to issue his warrant, under his hand 
 and seal, directed to any constable or warden of the 
 county, to cause such person or persons to be ar- 
 rested and brought before said justice or alderman, 
 who shall hear and determine the guilt or innocence 
 of the person or persons so charged ; and if con- 
 victed of such wilful trespass, shall be sentenced, 
 by such justice or alderman to pay a penalty, not 
 exceeding five dollars, together with costs, one-half of 
 such penalty shall be paid to the owner, lessee or 
 occupant of said land and the remaining half to the 
 school district of the city, borough or township 
 wherein such offense was committed ; and if the per- 
 son or persons, so convicted and sentenced, shall 
 neglect or refuse to pay such penalty and costs, or 
 secure the payment thereof within ten days, he or 
 they shall be committed to the common jail of the 
 proper county for a period not exceeding three 
 months. 
 
 Section 3. If any person or persons, convicted and 
 sentenced under the provisions of this act, shall feel 
 aggrieved thereby, he or they may appeal to the court 
 of quarter sessions of the peace for the county lu 
 which the offense was committed, by entering Mit\'; 
 recognizance, with sureties to be approved by the 
 justice or alderman, to appear before said court ; 
 which court shall hear the evidence and determine 
 the guilt or innocence of the person or persons so 
 charged, and on conviction of the defendant or de- 
 fendants charged and fi failure to pay such penalty 
 and costs imposed by the act, shall commit said de- 
 fendant or defendants to the common jail of the 
 county, for a period not exceeding three months. 
 
 Approved— The 9th day of July, A. D. 1901. 
 
 WILLIAM A. STONE. 
 
 Warrant. 
 
 Hearing. 
 
 Fine. 
 
 Penalty. 
 
 Appeal. 
 
 I'rinl. 
 
 This is not a game law and is published in this pamphlet 
 only as a matter of information to sportsmen. See trespass 
 Act on page 20. 
 
20 GAME, FISH, AND FORESTRY LAWS. 
 
 AN ACT . 
 
 April 14, Making it unlawful to trespass upon lanil posted as 
 
 1905, P.' L. Private property, and providing the penalty there- 
 
 169. of. 
 
 Trespass "Section 1. Be it enacted, &c., That from and 
 
 after the passage of this act, it shall be unlawful 
 for any person wilfully to enter upon any land, 
 within the limits of this Commonwealth, where the 
 owner or owners of said land has caused to be promi- 
 Upoii posted nently posted upon said land printed notices that the 
 I'lnti- said land is private property, and waruing all per- 
 
 sons from trespassing thereon, under the penalty pro- 
 vided in this act. 
 Fine and Section 2. Every person violating the provisions 
 
 i.<%)(ii<y. of this act shall be liable to a penalty of not exceed- 
 
 ing ten dollars, together with the costs of prosecu- 
 tion, to be recovered before any magistrate or justice 
 of the peace as fines and penalties are by law re- 
 coverable ; and, in default of payment of said fine 
 and costs, the party convicted shall be committed 
 to the county jail of the proper county, for one day 
 of each dollar of fine imposed. 
 
 Section 3. All penalties recovered under this act 
 shall ha paid to the school fund of the district in 
 which the trespass w^as committed. 
 
 Approved — The 14th day of April, A. D. 19()5. 
 
 SAML. W. PENNYPAGKER. 
 
 *Thls is not a game or fis'a la^v and is i)"nted in this 
 pamphlet only as a" matter of information to sportsmen. 
 
 AN ACT 
 
 .\prii 18, To provide for the appointment of Special Deputy 
 
 i90.'>, P. L. Game Protector^?, for the Commonwealth of Penn- 
 
 -^^- sylvania, and defining their duties and powers. 
 
 Special Section 1. Be it enacted, &c.. That from and after 
 
 Deputy Game the passage of this act, the Board of Game Com- 
 
 Protectors. missioners of this Commonwealth shall be empowered 
 
 to appoint, at their discretion, competent men 
 
 throughout the Commonwealth, to be known as 
 
 Special Deputy Game Protectors, who in nil ways 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 21 
 
 shall possess the rights and powers now given by law 
 to Game Protectors, and be subject to all require- 
 ments and regulations, either of the law or of rules 
 of the Board of Game Commissioners, controlling the 
 action of such Game Protectors in this Common- 
 wealth : Provided, Such Special Deputy Game Pro- 
 tectors shall in no way be entitled to recompense from 
 either the county or Commonwealth for services ren- 
 dered or expenses incurred in the performance of 
 their duties. 
 
 Approved— The 18th day of April, A. D. 1905. 
 
 SAML. W. PENNYPACKER. 
 
 Riglits and 
 powers. 
 
 Proviso. 
 
 AN ACT 
 
 Prohibiting the 
 
 ,e of automatic guns, for the kill- 
 ing of game or wild birds within this Common- 
 wealth, and prescribing a penalty for violation of 
 its provisions. 
 
 May 
 
 19117, 
 329. 
 
 r. 
 
 Section 1. Be it enacted, &c.. That from and after Automatic 
 the passage of this act, it shall be unlawful for any guns- 
 person to use what is commonly kriown as an auto- 
 matic gun for the killing of game in this Common- Kining of 
 wealth. Each and every person violating any provi- game." 
 sion of this section shall be liable to a penalty of fifty violations, 
 dollars for each offense, or shall suffer an imprison- 
 ment in the common jail of the county for a period of 
 one day for each dollar of penalty imposed. 
 
 Section 2. Each and every magistrate, alderman, Summary 
 and justice of the peace within this Commonwealth, conviction, 
 shall have the right of summary conviction in all mat- 
 ters pertaining to violation of the provisions of this 
 act, and all prosecutions for violation of any of its 
 provisions shall be conducted, and the penalties dis- 
 posed of, in manner and form as is now prescribed by 
 law for violation of the game laws of this Common- 
 wealth. 
 
 Approved— The 31st day of May, A. D. 1907. 
 
 EDWIN S. STUART. 
 
 This act is constitutional and is the law. See opinion Su- 
 perior Court Case of Commonwealth ts. Thos. W. McComb, No. 
 148 October term, 1908. Superior Court of Pennsylvania. 
 Appealed from Delaware county. 
 
 39 Pa. Superior Court 411 : 227 Pa. Supreme Court 377 ; 
 citation pases 246 and 247 of this pamphlet. 
 
22 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act May 8, 
 J 909, P. L. 
 466, as 
 amended by 
 the Act of 
 July 11th, 
 1917, P. L. 
 779. 
 
 Wild l)iids 
 nnd animals 
 and game. 
 
 Unlawful for 
 imnaturalized 
 foreign-born 
 residents to 
 hunt. 
 
 Or to OW71 
 or possess 
 shotgun or 
 rifle, or fire- 
 arm of any 
 kind. 
 
 Violations. 
 
 Penalty. 
 
 Proviso. 
 
 Forfeiture of 
 suns. 
 
 "Unnatural- 
 ized foreign 
 l)orn resi- 
 dent" de- 
 fined. 
 
 AN ACT 
 
 To give additional protection to wild birds and ani- 
 mals and game within the Commonwealth of Penn- 
 sylvania, prohibiting the hunting for, or capture, 
 or killing of, such wild birds or animals or game by 
 unnaturalized foreign-born residents, forbidding the 
 . ownership or possession of shotgun or rifle by any 
 unnaturalized foreign-born resident, within the 
 Commonwealth ; and prescribing i)enalties for vio- 
 lation of its provisions. 
 
 Section 1. As ii mended by the act of July 11th, 
 WU, P. L. 77U. 
 
 Section 1. Be it enacted, &c., That from and after 
 the passage of this act, it shall be unlawful for any 
 unnaturalized foreign-born resident to hunt for or 
 capture or kill, in this Commonwealth, any wild bird 
 or animals, either game or otherwise, of any descrip- 
 tion, excepting in defense of person or property ; and 
 to that end it shall be unlawful for any unnaturalized 
 foreign-born resident within this Commonwealth, to 
 either own or be possessed of a shotgun or rifle of 
 any make, or a pistol or firearm of any kind. Each 
 and every person violating any provision of this sec- 
 tion shall, upon conviction thereof, be sentenced to 
 pay a penalty of twenty-five dollars for each offense, 
 or undergo imprisonment in the common jail of the 
 county for the period of one day for each dollar in 
 penalty imposed : Provided, That in addition to the 
 before-named penalty, all guns of the before-mentioned 
 kinds found in possession or under control of an un- 
 naturalized foreign-born resident shall, upon convic- 
 tion of such person, or upon his signing a declaration 
 of guilt as prescribed by this act, be declared forfeited 
 to the Commonwealth of Pennsylvania, and shall be 
 sold by the Board of Game Commissioners as herein- 
 after directed. 
 
 Section 2. For the purposes of this act, any un- 
 naturalized foreign-born person who shall reside or 
 live within the boundaries of the Commonwealth of 
 Pennsylvania for ten consecutive days shall be con- 
 sidered a resident, and shall be liable to the penal- 
 ties imposed for violation of the provisions of this 
 act. 
 
 Section 3. As amended by the act of July 11th, 
 1917, P. L. 779. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 23 
 
 Presence of 
 guns in 
 room, house, 
 etc. 
 
 Prima facie 
 evidence. 
 
 Notice 9t all 
 scixure. 
 
 SfCtion 3. Tlitit the possession of a sliotguu or Possession 
 rifle or pistol or firearm of any kind at any place outside of 
 outside of buildings, within this Commonwealth, by t>"iiding. 
 an unnaturalized foreign-born resident shall be con- 
 clusive proof of a violation of the provisions of sec- 
 tion one of this act, and shall render any person con- 
 victed thereof liable to . the penalty as fixed by said 
 section. 
 
 Section 4. As amended by the act of July 11th, 
 1017, P. L. 779. 
 
 Section 4. That tlie presence of a shotgun or rifle, 
 or pistol or firearm of any kind, in a room, or house, 
 or building, or tent, or camp, of any description, 
 within this Commonwealth, occupied or controlled 
 by an unnaturalized foreign-born resident, shall be 
 prima facie evidence that such gun is owned or con- 
 trolled by the person occupying or controlling the 
 property in which such gun is found, and shall ren- 
 der such person liable to the penalty imposed by sec- 
 tion one of this act. 
 
 Section 5. That notice of the seizure of all guns, 
 made for violation of any provision of section one 
 of this act shall be sent to the Board of Game Com- 
 missioners, at Harrisburg, by the oflicer making such 
 seizure, immediately after the final verdict in any 
 prosecution brought for violation of said provisions, 
 or upon the signing of the acknowledgment of guilt, 
 as hereinafter provided ; and the gun so seized shall 
 be sold, at the discretion of the Board of Game Com- Sale, 
 missioners, who shall apply the money thus realized, 
 first to the payment of costs arising from such prose- 
 cution and seizure, and the remainder, if any, shall 
 be paid to tlie State Treasurer for the use of the 
 Commonwealth. 
 
 Section 6. That all duly appointed and sworn of- 
 ficers of the Board of Game Commissioners of this 
 Commonwealth, and all constables, police officers, 
 members of the State constabulary, forestry-wardens, 
 and all peace officers of the Commonwealth, shall have 
 the right, and it is hereby made their duty, to ar- 
 rest, without warrant, any persor^ whom they have 
 good reason to suspect as belonging to the class of un- 
 naturalized foreign-born residents, when they find 
 such person with guns of the before-mentioned kind 
 in possession, within the Commonwealth of Penn- 
 sylvania. Such arrests may also be made upon Sunday ar- 
 Sunday, in which case the person or persons so ar- rests. " 
 
 Duty of 
 officers. 
 
 Arrests. 
 
24 GAME, FISH, AND POREf^TRY LAWS. 
 
 rcstod, for safe-keeping may be committed to the jail 
 or Jock-up for that day; but shall be taken bc^fore tht> 
 proper magistrate and proceeded against on a week 
 day following the arrest ; and any or either of such 
 officers shall have the right and power, M'liere they 
 
 Concoiiiini'tit susi)ect the concealment by an uunaturalized foreign- 
 
 oi' gun. born resident of guns of the before-mentioned kind, 
 
 1o apply to any court having jurisdiction of the of- 
 fense, within the Commonwealth, who upon receipt 
 of proof made by affidavit of the probable cause for 
 Ix'lieving in such concealment, shall issue a search 
 
 Siaich w:ir- Warrant and cause a sea)"ch to be made in any phice ; 
 
 nmt. and to that end the said officer shall have power, 
 
 after demand and refusal, to cause any building, 
 room, inclosure, or car to be broken open and en- 
 tered, and any closet, chest, locker, box. trunk, 
 crate, basket-box, or package, or other receptacle, 
 to be opened and contents examined by said officer. 
 
 Miipistrjii.s. Section 7. Each and every magistrate, alderman. 
 
 i.l(ieimpi). ^ and justice of the peace of this Connnonwealth shall 
 
 Suininary* * *"' ''•^^'•^' ^'"' power of summary conviction pertaining 
 
 (■..yivictiou. to the violation of any of t\u\ provisions of this act: 
 and all actions for violation of any of the provisions 
 hereinbefore-mentioned, excepting wlu^re the defendant 
 is taken in the act or in a pursuit immediately fol- 
 lowing the act, shall be commenced by affidavit made 
 witliin one year of the time of such violation. Each 
 and every magistrate, alderman, and justice of the 
 
 Adiihivit. peace, on complaint made before him, on affidavit 
 
 of any person, of a violation of the provisions of this 
 act by any person, is herewith authorized and re- 
 (|uinMl to issue his warrant, under his hand and 
 official seal, directed to any constable, police officer, 
 game-protector, or any other officer of the State 
 known as a police officer and authorized to serve 
 
 Nv.-uniiii.. warrants, and cause such person to be brought before 
 
 such magistrate, alderman, or justice of the peace, 
 
 Hoarina:. who shall hear the evidence and determine the guilt 
 
 or innocence of the party charged. If the accused 
 be convicted of such offense, he shall be sentenced to 
 pay the full penalty i>rescribed by the section vio- 
 lated, and to pay all costs of prosecution. All 
 penalties collected in cases where the prosecutor is a 
 
 Disposition l>aid officer of the Board of Game Commissioners 
 
 of lines. shall be immediately surrendered by the court re- 
 
 ceiving the same to such prosecutor, who in turn 
 shall, as soon as may be, forward or deliver such 
 
GAME, FISH, AND FORESTRY LAW>!l 
 
 25 
 
 niiiount in full to tlio Socrctary of the Board, who 
 shall at once deposit the same to the use of thr- 
 Commonwealth. Where any other than a paid officer 
 of the Board of Game Commissioners is the ))rosecn- 
 ^(,j.^ * * =h ^^nfler the provisions of the act of Juno 
 7th, 1919, P. L. 423, the entire penalty * * * shall be 
 forthwith forwarded to the Secretary of tlie Game 
 Commission, at Harrisburg, together with a state- 
 mv.ut of the cause for which said money shall have 
 been collected, the cost of which statement is hcM'eby 
 tixcMl as fifty cents, an<l made a part of the costs of 
 prosecution. It shall be the duty of the Board of 
 (Jame Commissioners to keep a record of the cases 
 for which said money was collected, and to deliver 
 th(^ fund thus arising, at least once a month, to the 
 State Treasui'er, for the use of th(> Commonwcaltli. 
 Any defendant refusing to pay such penalty, with 
 the costs of pr(»secution, shall be committed to the 
 common jail of the county, for a period of one <lay 
 foi" each dollar imposi>d, unh.'ss he shall enter a good 
 and sufficient recogizance, with one or more sureties, 
 to pay s ich penalty within ten days, or to answ(M- 
 such complaint, upon tlie charge of niisdemeanoi-, b(>- 
 fore the court of (juartei- sessions of the peace of the 
 county in which the offense was committed ; which 
 said court, upon the conviction of the defendant of 
 such offense, and on his failure to pay the penalty 
 imposed, together with the costs of prosecution, shall 
 commit such defendant to the common jail of the 
 county for a period of one day for each dollar of pen- 
 alty imposed : I'rovided, That any person charged 
 with violation of the provisions of this act may, at 
 his discretion, sign an acknowledgment of the of- 
 fense committed, and pay any duly sworn Game Pro- 
 tector the penalty in full, as fixed by the section 
 violated, with costs to that date and the printed re- 
 ceipt therefor, which shall in every instance bear 
 tile seal of the Boai-d of Game Commissioners and 
 the signature of its Se<n-etary, shall be evidence of 
 full satisfaction for the offense committed : Provided, 
 also, That all guns seized, in cases in which the be- 
 fon^meutioned receipt is given, shall be sold under 
 the provisions of section five, and the moneys realized 
 therefrom be applie<l as therein directed. 
 
 Duty of the 
 Bon Id. 
 
 Rofiisal t(i 
 pay pi^nnlly. 
 
 ronalty. 
 
 Coiiiinit'iiiciit. 
 
 I'ldvfsO;. 
 
 Ackiiowlecl}:- 
 ment of of- 
 fense, and 
 payment. 
 
 Roct'ipt. 
 
 Proviso. 
 
26 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Section 8. All acts or parts of acts inconsistent 
 with the provisions of this act are hereby repealed. 
 
 Approved— The 8th day of May, A. D. 1009. 
 
 EDWIN S. STUART. 
 
 April 11 
 1918, P 
 85. 
 
 Wild birds 
 and game. 
 
 Hunter's li- 
 cense act. 
 
 Licease. 
 
 "Pers«»." 
 
 ' 'JJumber. ' ' 
 "Gender." 
 
 Persons en- 
 titled to be 
 lieensed. 
 
 AN ACT 
 
 For the better protection of wild birds and game 
 within the Commonwealth of Pennsylvania : re- 
 quiring citizens of the United States residing within 
 this State to procure a license before using guns 
 for the purpose of hunting for any wild birds or 
 animals protected by the laws of this Common- 
 wealth ; and providing penalties for violations of 
 its several provisions, and the manner of proceed- 
 ing to enforce compliance therewith ; and pro- 
 viding for the disposition of the license fees, fines, 
 and penalties received. 
 
 Section 1. Be it enacted, &c., That from and 
 after the passage of this act, it shall be unlawful 
 for any person residing within this Commonwealth 
 to hunt for wild birds or wild animals protected 
 by the game laws of this Commonwealth, with fire- 
 arms, or with a device of any kind propelling with 
 force a leaden or metal pellet or bullet; or, except 
 in the defense of person or property, to shoot at or 
 kill, or pursue with the intent to take, kill or wound, 
 any such wild birds or wild animals found within 
 this Commonwealth ; without first securing a license 
 to so do, in accordance with the provisions of this 
 act. 
 
 Section 2. Whenever the word "person" is used 
 in this act, such word shall be taken to include 
 every person. All words or terms in this act which 
 refer to persons in the singular number shall be 
 taken to include the plural number. All words of 
 the plural number shall include the singular num- 
 ber, and all words of the masculine gender shall be 
 taken to include the feminine gender. 
 
 Section 3. For the purposes of this act any per- 
 son born in the United States of America, or any 
 person fully naturalized under the laws of the United 
 States, or the son of any such naturalized person, 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 27 
 
 under the age of twenty-one years, who has been 
 a bona fide resi3ent of this Commonwealth for a 
 period of thirty days next preceding his application, 
 shall be entitled to the license herein referred to, 
 upon the further fulfillment of the requirements of 
 this act. 
 
 Section 4. As amended by the act of June 7th, 
 1919, P. L. 433. 
 
 Section 4. Each and every resident of this Com- 
 monwealth — such resident being a citizen of the 
 United States — upon application made, verbally or 
 in writing, to any county treasurer within the Com- 
 monwealth, and the presentation of proof that he is 
 a citizen of the United States and a bona fide resi- 
 dent of this Commonwealth under the requirements 
 of this act, and, in the case of naturalized foreign 
 applcants, the production of such applicant's natura- 
 lization papers, and the payment to said county 
 treasurer of one dollar, shall be entitled to what is 
 herein designated as a "Resident Hunter's License," 
 and a tag with the number of the license thereon : 
 Provided, That no person under the age of sixteen 
 years shall be entitled to or receive such license, 
 without presenting a written request therefor, bear- 
 ing the signature of his father or mother or his 
 legally constituted guardian : Provided further. That 
 no person under fourteen years of age shall be 
 granted a license. Said license shall be issued on a 
 form prepared and supplied by the Board of Game 
 Commissioners, at the cost of the Commonwealth. 
 Such license shall bear a description of the person 
 applying for the same, setting forth the color of the 
 hair and eyes, any marks or scars peculiar to the 
 applicant, and such other description as the Board 
 of Game Commissioners may require, with the date of 
 its issue, and, in the case of naturalized foreigners, 
 in addition to the above, such license shall contain 
 the nationality of the person and all dates and num- 
 bers of the naturalization papers, and shall author- 
 ize the person named therein to use legal firearms 
 for the purpose of hunting and killing any of the 
 wild animals or game-birds protected by the laws of 
 this Commonwealth, under the restrictions and re- 
 quirements of existing laws, during that year, the 
 date of which is inscribed thereon. Said certificate 
 shall become void upon the thirty-first day of Dec- 
 ember next following the date of issue. The Game 
 
 Application 
 for license. 
 
 Proof. 
 
 Naturalized 
 foreigners. 
 
 Fee. 
 Tag. 
 
 Persons un- 
 der sixteen 
 years. 
 
 Persons un- 
 der fourteen 
 years. 
 
 Form of li- 
 cense. 
 
 Description 
 of applicants 
 
 Nationality 
 and naturali- 
 zation. 
 
 Rights ac- 
 quired by 
 license. 
 
 Term . 
 
28 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 J)isi)lay of 
 ing. 
 
 Justicp of 
 peace may 
 issuo license. 
 
 Rcpoit and 
 i"eniittancc 
 1)T justice. 
 
 Record of 
 license. 
 
 Delivev.\- 
 books. 
 
 of 
 
 Violations. 
 
 Penalty. 
 
 Commission shall also furnish free of charge, and the 
 eouuty treasurer shall issue, with each license, a tag 
 bearing the license number, in figures at least one 
 inch in height, which tag said licensee is required to 
 display on the back of the sleeve, between the elbow 
 and the shoulder, in such manner that the figures be 
 visible at all times while hunting : Provided, That 
 it shall be lawful, under the provisions of this act, 
 for any justice of the peace within this Common- 
 wealth, who has qualified therefor by having applied 
 to the county treasurer of the county in which he is 
 located, and having received and receipted for neces- 
 sary blanks and tags, to issue a resident hunter's 
 license and tag, on like conditions and in like man- 
 ner as prescribed for the issuance of licenses by any 
 county treasurer, ujjon payment of fifteen cents to 
 said justice by the said licensee, in addition to the 
 other dollar prescribed as the cost '^►f said license ; 
 said fifteen cents to be retained by said justice of the 
 peace as his fees for the issuance of said license and 
 reporting the same, and remitting payment therefor 
 to the county treasurer of the county in which said 
 justice of the peace is located. Such report and 
 remittance to be made and done by said justice of 
 the peace within twenty-four hours after the issuance 
 of said license by him. Whereupon said county treas- 
 urer shall make a record of, and otherwise treat, said 
 license as though it had been igssued from his ofliice. 
 except that he shall also note upon 
 name of the justice issuing the license, 
 of the peace shall deliver the book 
 which he has issued licenses, together 
 therein properly filled out and sliowing the names 
 each licensee and the number of the license issued 
 
 his record the 
 
 Every justice 
 
 or books from 
 
 with the stubs 
 
 of 
 
 to 
 
 him, to the trt^asurei" of his county during the month 
 of January of each year. 
 
 Section 5. Any citizen of the United States, resi- 
 dent Avithin this Commonwealth, who shall, ex- 
 cepting in defens(> of person or property, attempt 
 through the use of a gun or mechanical device, be- 
 fore described in this act, to hunt for, or take or 
 wound or kill, any of the wild birds or animals 
 protected by the laws of this Commonwealth, with- 
 out first being possessed of a "Resident Hunters 
 License," lawfully issued to him in his name, shall 
 be liable to a penalty of twenty dollars for each 
 offense ; and each day upon which said gun or device 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 29 
 
 shall be considered a separate and distinct 
 
 Provided, That nothing in this act shall 
 
 any citizen of the United 
 
 this Commonwealth, from 
 
 I ; or from using such gun in 
 
 or propei-ty ; or from shoot- 
 
 is used 
 
 offense : 
 
 be construed to prevent 
 
 States, residing within 
 
 having a gun in his home 
 
 (lofense of either pei-son 
 
 in; 
 
 .*, at 
 in any 
 
 protected by the laws 
 prevent any bona fide 
 of lands within this 
 ber of the family of 
 bein 
 
 shooting at. 
 
 son 
 
 targets or from hunting tor or owv^v-.^x.^, 
 place in this Commonwealth, anything not 
 of this Commonwealth : or to 
 owner or any bona fide lessee 
 Commo7iwealth, or any mem- 
 such owner or lessee, such per- 
 of the United States, residing 
 
 a citizen 
 
 upon and cultivating 
 from hunting thereon, 
 of the owner thereof, 
 immediately adjacent 
 
 lands in this Commonwealth, 
 or, by and with the consent 
 from hunting upon the lands 
 and connected with his own 
 lands, — without securing the license provided for by 
 this act ; it being distinctly understood that no right 
 is conveyed by this act to hunt upon either private 
 or public property in this Commonwealth, contrary 
 to the wishes of those wlio may omu or control such 
 property. 
 
 Section 0. For the purpose of this act, the fact 
 that any person shall be found in possession of a 
 gun, or a mechanical device of any description 
 possessing the power to propel with force a leaden 
 or metal bullet or pellet, either in the field, in the 
 forests or on the waters of this Commonwealth, shall 
 be considered prima facie evidence that such person 
 is hunting; and shall render him liable to display 
 his license tag as aforesaid, and to show his ''Resi- 
 dent Hunter's License'* to any ofiicer of this Com- 
 monwealth, whose duty it is to protect the game and 
 wild birds of the Commonwealth, or upon demand 
 by the owner or the lessee, or by the employee or 
 representative of such owner or lessee, upon whose 
 lands such person may be found in this Common- 
 wealth ; and for refusing or neglecting to comply 
 with such request, such person, neglecting or re- 
 fusing to display his license tag, as aforesaid, and 
 exhibit his "Resident Hunter's License," shall, upon 
 conviction, be liable ot a penalty of twenty dollars ; 
 and the fact that any person may be found upon 
 the highways of the Commonwealth, in possession 
 of a gun and the dead body of any bird or animal 
 protected by the laws of this Commonwealth, shall 
 
 rroviso. 
 
 OAvncrshiiJ of 
 and lawful 
 use of fTim. 
 
 Wiilumt 
 cense. 
 
 li- 
 
 Riglils oon- 
 reyecl by 
 act. 
 
 Po.'Jsossioii 
 of g\m in 
 field, etc. 
 
 rriiiin fucie 
 evidence. 
 
 Display of 
 tajr and 
 showing: of 
 license. 
 
 Refusal or 
 neslect. 
 
 Penalty. 
 
 Possession of 
 gun and 
 gaM)(\ 
 
30 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Prima facie 
 evidence. 
 
 Display of 
 tag, etc. 
 
 I'roviso. 
 Penalty. 
 
 .^fidavit of 
 denial. 
 
 r.ffect of. 
 
 rounty 
 treasurers. 
 
 Record of 
 licenses. 
 
 I ndex. 
 
 I^uty of 
 trcii.surers. 
 
 In.spection of 
 index. 
 
 Treasurer's 
 fee. 
 
 Returns of 
 treasurer. 
 
 be considered prima facie evidence that such person 
 is hunting ; and such person, upon demand made 
 by any officer of the Commonwealth whose duty it is 
 to protect the wild birds and game of the State, 
 shall be required to display his license tag, as afore- 
 said, and exhibit his "Resident Huutcr's License," 
 and for refusing to so do shall, upon conviction, be 
 liable to a penalty of twenty dollars : Provided, 
 That in all cases of arrest for violation of any of 
 the provisions of this act, except where the dead 
 body of any game bird or animal is found in posses- 
 sion of the accused, the affidavit of any person, 
 charged with such violation, denying the charge made, 
 shall, in every instance, over-balance what is termed 
 "prima facie evidence" in any of the provisions of 
 this act; and that all penalties collected for viola- 
 tion of any of the provisions of this section shall be 
 paid into the State Treasury, to be applied to the 
 purposes otherwise provided for in this act. 
 
 Section 7. Each and every county treasurer of 
 this Commonwealth shall keep in a book to be 
 supplied by the Board of Game Commissioners at 
 the cost of the Commonwealth, a correct and com- 
 plete record of all "Resident Hunters' Licenses" is- 
 sued by him. Such book shall be in the form of an 
 alphabetical index ; and it shall be the duty of each 
 county treasurer to have entered therein, at the close 
 of each week, the name and place of residence of each 
 individual to whom a license shall have been issued 
 during that week ; and to forward immediately to the 
 Game Commission a complete list of licenses granted, 
 with names and addresses of licensees and numbers 
 of their respective license, on blanks to be furnished 
 by the Game Commission ; and this index shall be 
 open at any reasonable hour to the inspection of any 
 officer of the Commonwealth whose duty it is by law 
 to protect the wild birds and game of the Common- 
 wealth. 
 
 Section 8. Said county treasurera are herewith 
 authorized to retain for services rendered the sum 
 of ten cents from the amount paid by each licensee, 
 which amount shall be full compensation for services 
 rendered by him in each case under the provisions of 
 this act, and shall remit all balances arising from 
 this source, at least once a month, to the State Treas- 
 urer, for the purposes otherwise provided for in this 
 act. Each county treasurer shall make his return 
 
GAME, PISH, AND FORESTRY LAWS. 31 
 
 to tlie State Treasurer upon a form to be supplied 
 by the Board of Game Commissioners, at the cost of 
 the Commonwealth, and shall in every instance for- 
 forward a duplicate of such report to the Secretary . 
 of the Board of Game Commissioners at Harrisburg, 
 
 Section 9. Any ofticor of the Commonwealth whose powers •< 
 <luty it is to protect the wild birds or game of the officers. 
 Commonwealth or to preserve the peace of the Com- 
 monwealth shall have the right to arrest, without ^j.j-^g^ ^^j^jj. 
 warrant, any person caught in the act of violating out warrant, 
 any provision of this act, or in a pursuit imme- 
 <liately following such violation ; and to seize all Seizures, 
 guns, shooting paraphernalia, dogs, boats, decoys, 
 or other appliances used in violation of any pro- 
 vision of this act, also all wild birds or animals, 
 game or otherwise, found either in possession or 
 under control of the suspected person within this 
 Commonwealth. All birds and animals, or parts 
 thereof, not classed as game in this Commonwealth, 
 thus seized, shall be held subject to the order of 
 the Board of Game Commissioners. All guns, boats, Dispositio* 
 decoys, dogs, game, and shooting paraphernalia, of seizures, 
 seized when such arrest is made, shall be held sub- 
 ject to the determination of the proceedings institut- 
 ed ; and where the party accused is convicted, all 
 game seized shall be forfeited to the Commonwealth Forfeiture of 
 of Pennsylvania, and as soon as may be shall be for- game, 
 warded to the most convenient hospital, for the use 
 of the sick or injured therein. All guns, boats.. Forfeiture of 
 decoys, dogs, and shooting paraphernalia of every inins, boats, 
 description, thus seized, shall be held subject to the etc. 
 payment of the' penalty imposed and the costs of 
 prosecution ; and, unless security be given as re- 
 quired by section thirteen of this act, all such seized 
 guns, boats, decoys, dogs, and shooting paraphernalia 
 shall be sold at public auction, after advertising the 
 same for five days, by at least five public hand- 
 bills conspicuously posted in the city, borough, or 
 township wherein the conviction was secured. Any 
 fund thus arising shall be applied, first, to the pay- Application 
 ment of the costs of prosecution ; then, to the pay- fimds. 
 ment of the penalty imposed ; and the remainder, if 
 any, shall be returned to the owner of the prop- 
 erty seized. Where game, dogs, boats, decoys, or 
 shooting paraphernalia of any description shall be ^henown^ra 
 seized, and the owners thereof escape arrest, and escape ar-'^ 
 refuse to present themselves and make claim to rest. 
 
32 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Dispcsil i<in 
 of guns, 
 boats, otc. 
 
 I'tiiviso. 
 
 Rosistins: 
 arrest, otc. 
 
 Pehaltj'. 
 
 Refusal to 
 pay peiiiilty 
 
 First of- 
 fense. 
 
 Soooml or 
 subsequent 
 
 offense. 
 
 s:iiil propert.v, all such gaiiio, after the lapse of three 
 da.vs after the seizure, shall be declared forfeit(Ml 
 to the Commonwealth, and .shall be sent to the most 
 c(>n\enieiit hospital, for the purpose before indicated 
 in this s(>ction. All guns, dogs, boats. deco.ys, and 
 other shooting parapherimlia thus seized shall be 
 licld for a period of ten days : after which time, 
 if the owner thereof fails to appear and defend 
 himself against the charges made, such property 
 of all description shall be sold, in the manner pre- 
 scribe<l for the sale of .seized property after convic- 
 tion, and the fund arising from such, sale be applied 
 as in the case of the sale after conviction : Pro- 
 \ided. That the fact that imprisonment is suffered 
 by any person convicted of violating any provisions 
 of this act shall not prevent the sale of guns, dogs, 
 boats, decoys, or other shooting paraphernalia of any 
 description, held as the property of the imprisoned 
 party, and the application of the fuiid thus realized 
 to the payment of the costs and the penalty impos<!d. 
 
 Section 10. Each and every person resisting arn\st 
 for violation of any of the provisions of this act, 
 or refusing to go with an officer after an arrest 
 lias been made, or interfering with an officer of the 
 Commonwealth in the performance of his duty under 
 the provisions of this act, shall be liable to a i)enalty 
 of one hundi'cd dollars, which penalty when col- 
 lected shall be applied as arc other penalties under 
 the provisions of this act. 
 
 Section 11. Whenever, because of the violation of 
 anj' of the requirements of this act, any person shall 
 be convicted for a first offense and a penalty be im- 
 posed, and the defendant shall neglect or refuse to 
 at once pay said amount, together with the costs of 
 prosecution, in lawful money of the United States, he 
 shall at once be committed to the common jail of 
 tlie county in which the conviction is secured, for 
 a period of one day for each dollar of penalt.y im- 
 posed : unless he shall enter into good sufiicient re- 
 cognizance to either pay the pealty and costs, within 
 a period of ten days after the date of said conviction, 
 or to certiorari the proceedings under the forms of 
 law, or to carry the case to a higher court on appeal, 
 under the provisions of section fourteen of article five 
 of the Constitution and the laws of Pennsylvania re- 
 lating thereto. For the second or an.y additional 
 olfevse after the first offense the defendant shall, in 
 
GAME, FISn, AND FORESTRY LAWS. 
 
 33 
 
 addition to the penalty lu-csoi'ibed for the first offense, 
 suffer an imprisonment of one day in jail for each 
 dollar of penalty imposed : Provided, That in every 
 case of a conviction for violation of any of the pro- 
 visions of this act, wherein the defendant suffers im- 
 prisonment in lieu of a cash payment of the penalty 
 imposed, or fails to pay the costs of prosecution, all 
 traps, guns, boats, decoys, shooting paraphernalia, 
 or othei' appliances used in violation of the law, and 
 found in his possession at the time of arrest or proven 
 to have been used in violation of law, shall be and 
 they are hereby declared forfeited to the Common- 
 wealth of Pennsyhania ; and shall be either destroyed 
 or sold, as the Board of Game Commissioners may 
 consider best, and the money secured through such 
 sale shall be applied by said Board, first, to the pay- 
 ment of the costs incurred, and the remainder, if any. 
 be deposited with the State Treasurer, to be used for 
 the purposes herein otherwise provided ; the defend- 
 ant being entitled, for the first offense only, to the 
 credit of one day off his imprisonment for each dollar 
 so deposited with the State Treasurer. 
 
 Section 12. As amended by the act of July 11th, 
 1017. P. L. 796. 
 
 Section 12. All license fees collected under the 
 provisions of tliis act, and all fines and penalties im- 
 posed and collectfHl for violation of any of its provis- 
 ions shall he paid to the State Treasurer as herein- 
 before designated, who shall keep the moneys thus 
 colle(»ted as a fund separate and apart, solely for the 
 purpose of wild bird and game protection, for the 
 creation and maintenance of game sanctuaries, for 
 the purchase, propagation and feeding of game and 
 wild birds, and the payment of bounties^ under the 
 supervision of the Board of Game Commissioners of 
 the Commonwealth of Pennsylvania ; as provided for 
 by the laws of this Commonwealth and all moneys, 
 and all balances, now in such fund from moneys al- 
 ready paid into the State Treasury, through or be- 
 cause of this act, or that may hereafter be paid into 
 the said fund, and not needed for the payment of 
 bounties, as provided for by the law of this Com- 
 monwealth, are made available as soon as paid into 
 the State Treasury, and are hereby specifically appro- 
 priated to the use of the Board of Game Commission- 
 ers, for the several purposes before-mentioned, and 
 3 
 
 Proviso. 
 
 Forfeituif! 
 of traps, 
 guns, boats, 
 etr. 
 
 Disposition 
 of foes. 
 
 Wild bird 
 and game 
 protection, 
 etc. 
 
 Payment of 
 bounties. 
 
 Funds avail- 
 able to use 
 of Game 
 Commission. 
 
34 
 
 GAME. FISH, AND FORESTRY LAWS. 
 
 Requisition. 
 
 Weir rant. 
 
 Suinniary 
 conviction. 
 
 Atfidavit. 
 
 Warnnit. 
 
 Hcirin;:. 
 
 Disposition 
 of penalty. 
 
 shall be paid to the use of said Board, monthly in 
 advance, upon requisition by its Secretary. The Aud- 
 itor General shall, upon requisition from time to 
 time of the Secretary of the Board of Game Commis- 
 sioners, and the proper accounting for moneys al- 
 ready advanced from tlie fund, draw his warrant up- 
 on the State Treasurer for the amount specified in 
 such requisition ; not exceeding, however, the amount 
 in such fund available for the purpose before-men- 
 tioned at the time such requisition is made. 
 
 Section 13. Each and every magistrate, justice of 
 the peace, and alderman, within this Commonwealth, 
 shall have power of summary conviction in matters 
 pertaining to violation of any of the provisions of this 
 act. All actions for violations of any of the provis- 
 ions of this act, excepting where the defendant is 
 taken in the act of violating the law, or in a pursuit 
 immediately following such violation, shall be com- 
 menced by affidavit made within one year after tiie 
 date of such violation ; and any magistrate, justice 
 of the peace, or alderman, in this Commonwealth, on 
 complaint made before him, by affidavit by one or 
 more persons of a violation of any of the provisions 
 of this act by any person, is hereby authorized and 
 required to issue his warrant, under his hand and 
 seal, directed to any constable, police officer, game 
 protector, or any officer of the Commonwealth whosf 
 duty it is to protect game and wild birds of the Com 
 monwealth, and cause such person to be brought be- 
 fore him, such magisti-ate, justice of the peace, or 
 alderman, who shall hear the evidence and determine 
 the guilt or innocence of the person accused ; and if 
 such person be convicted of the offense charged, he 
 shall be sentenced to pay the full penalty prescribed 
 by the section violated, together with the costs of 
 prosecution. All penalties thus recovered, in cases 
 where the prosecutor is a salaried officer of the Com- 
 monwealth, shall be immediately surrendered by the 
 court receiving the same to the prosecutor, who in 
 turn, as soon as may be, shall forward or deliver such 
 amount in full to the Secretary of the Board of 
 Game Commissioners at Harrisburg. Where any offi- 
 cer of the Commonwealth, other than a salaried 
 officer, is the prosecutor, the penalty shall be, as 
 soon as the case is fully determined before him, for- 
 warded by such magistrate, justice of the peace, or 
 alderman to the Secretary of the Board of Game Com- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 35 
 
 mission ers at Harrisburg, together with a statement 
 of the cause for which such money shall have been 
 collected, the cost of which statement is hereby 'fixed 
 :it fifty cents and made a part of the costs of prosecu- 
 tion ; and it shall be the duty of said Secretary of the 
 Board of Game Commissioners to at least once a 
 month make return of moneys thus collected to the 
 State Treasurer, to be applied to the pur- 
 poses otherwise provided for in this act. Each 
 and every defendant convicted on appeal be- 
 fore any court of this Commonwealth shall be sen- 
 tenced to pay the penalty imposed by the section vio- 
 lated, or to undergo imprisonment in the common 
 jail of the county for one day for each dollar of 
 penalty imposed and unpaid ; Provided, That any 
 person charged with violating any provision of this 
 act may sign an acknowledgment of the offense com- 
 mitted, either before or after the beginning of suit, 
 and pay to any duly appointed and commissioned Game 
 Protector, Deputy or Special Deputy Game Protector, 
 the penalty in full, as fixed by the act, together with 
 the cost accruing to the State to that date ; and the 
 printed receipt therefor, which shall in every instance 
 bear the imprint of the Seal of the Board of Game 
 Commissioners of Pennsylvania, and the signature of 
 its Secretary, shall be evidence of full satisfaction of 
 the offense committed : Provided further. That when 
 any person or persons are arrested for any violations 
 of the provisions of any section of this act, the party 
 or parties making said arrests shall immediatey there- 
 after take, or cause to be taken, the parties so ar- 
 rested to the nearest justice of the peace, magistrate, 
 or alderman, for hearing upon the charge upon which 
 said person or persons were arrested. 
 
 Section 14. All acts or parts of acts inconsistent 
 with the provisions of this act are hereby repealed. 
 
 Approved— The 17th day of April, A. D. 1913. 
 
 Conviction 
 on appeal. 
 
 Proviso. 
 
 Acknowledg- 
 ment of 
 offense. 
 
 Receipt. 
 
 Pi'oriso. 
 
 Repeal. 
 
 JOHN K. TENER. 
 
36 
 
 GAME, riSH, AND FORESTRY LAWS. 
 
 Act June 6, 
 1913. r. L. 
 454. 
 
 Firearms. 
 
 Prohibition 
 of the use 
 of upon 
 lands of 
 hospital, 
 park or re- 
 sort. 
 
 Marker of 
 boundaries. 
 
 ProTlso. 
 
 Violations. 
 Penalty. 
 
 AN ACT 
 
 To proliibit the use of firearms of auy description upon 
 lands set apart to hospital, or sanitorium, or park, 
 or resort uses, whereon human beings congregate 
 in the open, in quest of health, recreation, or 
 pleasure in this Commonwealth, and providing pen- 
 alties for violation of its several provisions. 
 
 Section 1. Be it enacted, &c., That, from and 
 after the passage of this act, it shall be unlawful for 
 any person within this Commonwealth, at any time 
 of the year, to discharge a shotgun or a rifle, or a 
 firearm of any description . except in defense of per- 
 son or property, or by the written consent of the 
 owner or person controllinsr the same upon the grounds 
 belonging to, or connected with and controlled by, 
 those operating a public or private hospital or sana- 
 torium, or park or resort, set apart to the use of 
 the public either free or otherwise, and upon which 
 human beings congregate in the open, in quest of 
 health, recreation, or pleasure, — such lands being 
 surrounded by a marker, either a fence or single 
 wire, or a marker of any description that will clearly 
 designate the boundaries thereof, and a line of notices 
 printed upon cloth, or painted, and posted not to 
 exceed one hundred yards apart, along said marker, 
 calling attention to the fact that the land within such 
 enclosure has been set ai)art for a specific purpose 
 (naming it) , and that shooting upon such property 
 is prohibited: Provided, That ]io privileges may be 
 given by those owning or operating such lands to any 
 person to hunt for or shoot at either animals or 
 birds classed as game, in this Commonwealth, upon 
 such property. Each and every person violating any 
 provision of this act shall be guilty of a misdemeanor: 
 and upon conviction shall be liable to a penalty of 
 twenty-five dollars for the first offense, or, in lieu 
 thereof, shall suffer an imprisonment in the common 
 jail of the county of one day for each dollar of pen- 
 alty imposed for the first offense, and for the second 
 and each succeeding offense after the first offense, 
 shall, in addition to the penalty imposed for the first 
 offense, undergo an imprisonment of one day in jail 
 for each dollar of penalty imposed, no matter wBether 
 the penalty in cash be paid or not. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 37 
 
 out warrant, 
 
 otc. 
 
 Section 2. Each and every State policeman, local officers au- 
 policeman, constable, j;ame protector, or any other thorized to 
 peace officer, in this Commonwealth, is herewith given arrest with- 
 authority to, and it is made his duty to, arrest with- 
 out warrant any person caught in the act of violating 
 any provision of this act, and to follow the usual 
 course of serving a warrant, arresting and prosecuting 
 persons charged with misdemeanors. in this Common- 
 wealth in a]] cases where the information of such 
 violation is by any other person brought to the atten- 
 tion of the ofticer. 
 
 All penalties collected for violation of any provision 
 of this act shall br delivered to the county treasurer of 
 the county in which the eonviction is secured, to be 
 used as other funds belonging to the county or used. 
 
 Section 3. All acts or parts of acts inconsistent Repealed, 
 witli the provisions of this act are hereby repealed. 
 
 Approved — The 6th day of June, A. D. 191 
 
 o 
 O. 
 
 JOHN K. TENER. 
 
 AN ACT 
 
 To )»rovide for tlie better protection and {jreservation 
 of deer and elk, scpiirrels, and certain birds classed 
 as game-birds, within the Commonwealth ; provid- 
 ing a method through which certain lands in the 
 Commonwealth may be closed to hunting for a term 
 of year-s : and i)rescribing penalties for violation of 
 its several provisions. 
 
 Section 1. Be it enacted, &c., That from and after 
 the iiassage of tliis act, the Board of Game Commis- 
 sioners of this Commonwealth shall have the power 
 and authority to close, for a term of years, to the pur- 
 pose of hunting elk. and deer, squirrels of all kinds, 
 .•md wild turkev. and ruffed-grouse, and quail, com- 
 monly called Virginia partridge, and ring-necked 
 plieasant, and Hungarian quail, or either of them, as 
 may appear necessaiy to the citizens of any county of 
 this Commonwealth, for the purpose of adding to the 
 protection of such animals and birds, or either of 
 them, and assist in their increase in the county where- 
 in such citizen.* may reside. 
 
 Act April 9, 
 1915, P. L. 
 73. 
 
 Cqunties 
 given the 
 right to 
 close to 
 hxinting for 
 a term of 
 years. 
 
 Elk, deer, 
 squirrels, 
 and certain 
 game-birds. 
 
 Protection 
 of 
 
38 
 
 GAME, FISH, AND B^ORESTRY LAWS. 
 
 Petition 
 asking the 
 right to 
 close. 
 
 Closure of 
 county. 
 
 Blanks. 
 
 Publicity. 
 
 Certifled 
 copies of 
 notice. 
 
 Hearing. 
 
 Closed sea- 
 ion. 
 
 Section 2. That whenever at least two hundred citi- 
 zens of any county in this Commonwealth shall, 
 through written petition, certify to the Board of Game 
 Commissioners that, in their opinion, an absolutely 
 closed season is necessary to insure the better pro- 
 tection and consequent increase of elk and deer, and 
 squirrels of all kinds, and wild turkeys, and ruffed- 
 grouse, and quail, and ring-necked pheasant, and 
 Hungarian quail, or cith; i- of them, in a wild state, in 
 that county in which such citizens may reside, and 
 asking that such county be closed to hunting for a 
 period, the Board of Game Commissioners shall for- 
 ward to said petitioners and others a blank form 
 setting forth such questions as they may consider 
 best suited to determine the quantity of game and 
 game conditions in the county in question, and the 
 necessity for closing said county to hunting ; which 
 said forms, with replies to entitle such answer to 
 consideration before said Board of Game Commis- 
 sioners, shall be returned to said Board on or before 
 the return day as fixed upon said forms. Such pe- 
 titioners shall also publish, for at least three con- 
 .secutive woeks, at their own expense, in at least 
 two prominents newspapers in the county to be closed, 
 the statement that such petition has been filed, with 
 its purpose, and the return day for information as 
 fixed by the Board of Game Commissioners ; and shall 
 file with said Board duly certified copies of such no- 
 tices, as published in each newspaper, on or before 
 said return day. If the written answers as returned 
 shall fail to satisfy said Board of Game Commis- 
 sioners that such closed season is necessary, or those 
 opposing such action shall demand a hearing before 
 said Board, then a hearing shall be had, upon such 
 date, and at such place within the county to be af- 
 fected, as may be decided upon by the said Board of 
 Game Commissioners, the expense of such hearing to 
 be paid by those demanding the same. If, after the 
 receipt of the written answers, or the public hearing, 
 or both, the Board of Game Commissioners shall be 
 satisfied such closed season is necessary to insure the 
 better protection of elk and deer, squirrels of all 
 kinds, and wild turkeys, and ruifed-grouse, and quail, 
 and ring-necked pheasant, and Hungarian quail, 
 found in a wild state, and their consequent increase, 
 in said county, they are herewith empowered and di- 
 rected to declare a closed season, not to exceed five 
 years, for elk and deer, and wild turkeys, and ruffed- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 39 
 
 grouse, and quail, and ring-necked pheasants, and 
 Hungarian auail, or either of them, found in a wild 
 state within said county. 
 
 The Board of Game Commissioners, to make such 
 closed season effective and binding, shall be required 
 to publish annually their decision and action regard- 
 ing this matter, in at least three newspapers, if 
 there be that many, in each county affected thereby, 
 and to have notices of such ruling, declaring such 
 county closed to hunting, printed and annually dis- 
 tributed in reasonable numbers throughout the affected 
 territory. 
 
 Each and every person violating any of the pro- 
 visions of such ruling made by the Board of Game 
 Commissioners, under the requirements of this act, 
 shall be liable to a penalty of three hundred dollars 
 for each elk. and two hundred dollars for each deer, 
 and twenty-five dollars for each squirrel or bird, 
 taken, killed, wounded, or attempted to be taken, 
 killed, or wounded, upon said closed territory. 
 
 Section 3. Each and every magistrate, justice of 
 the peace, and alderman within this Commonwealth 
 shall have the power of summary conviction in mat- 
 ters pertaining to violation of any of the provisions 
 of this act. All actions for violations of any of the 
 provisions of this act, excppt where the defendant 
 is taken in the act of violating the law, or in a pur- 
 suit immediately following such violation, shall be 
 commenced by affidavit made within two years after 
 the date of such violation ; and any magistrate, 
 justice of the peace, or alderman in tliis Common- 
 wealth, on complaint made before him, by affidavit, 
 by one or more persons, of a violation of any of the 
 provisions of this act by any person, is hereby au- 
 thorized and required to issue his warrant, under 
 liis hand and seal, directed to any constable, police 
 officer, game protector, ^ or any officer of the Com- 
 monwealth whose duty it is to protect the game and 
 wild birds of the Commonwealth, and cause such per- 
 son to be brought before him, such magistrate, jus- 
 tice of the peace, or alderman, who shall hear the 
 evidence and determine the guilt or innocence of the 
 person accused : and if such person be convicted of 
 the offense charged he shall be sentenced to pay the 
 full penalty prescribed by the section violated, to- 
 gether with the costs of prosecution. All penalties 
 thus recovered, in cases where the prosecutor is a 
 salaried officer of the Commonwealth, shall be im- 
 
 Publicatiun 
 of decision. 
 
 Distribution 
 of notices. 
 
 Violation. 
 
 Tonalties. 
 
 Suinmary 
 conviction. 
 
 Actions. 
 
 Aftidavit. 
 
 W:n rant. 
 
 Henrinff. 
 
 Teiialties. 
 
 disposition 
 
 of. 
 
40 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Statoimnt. 
 
 Sopaiale 
 ruticl. 
 
 Appeals. 
 
 Proviso. 
 
 A<'knowl- 
 pclgnitMit of 
 olfonse. 
 
 mediately surrendered by the court receiving the same 
 to the prosecutor, who in turn, as soon as may be, 
 shall foi-ward or deliver such amount in full to the 
 Secretary of the Board of Game Commissioners at 
 Harrisburg. AVhere any citizen of the Common- 
 wealth, other than a salaried officer, is the prose- 
 cutor, one-half of any penalty thus collected shall be 
 paid to such prosecutor by the court receiving the 
 same ; and the remaining one-half shall be, as soon as 
 the case is fully determined before him, forwarded by 
 such magistrate, justice of the peace, or alderman to 
 the Secretary of the Board of Game Commissioners 
 at Harrisburg, together with a statement of the cause 
 for which such money shall have been collected, the 
 cost of which statement is hereby fixed at fifty cents 
 and made a part of the costs of presecution ; and it 
 shall be the duty of said Secretary of the Board of 
 Game Commissioners to, at least once a mouth, make 
 return of moneys thus collected to the State Treasurer, 
 who shall keep the moneys tlnis collected as a fund 
 separate and apart, solely for the purpose of wild bird 
 and game protection, and for the purchase and propa- 
 gation of game, under the supervision of the Board of 
 Game Commissioners of the Commonwealth of Penn- 
 sylvania, and for payment of bounties under the pro- 
 visions of law. The several purposes to which the 
 fund so received by the State Treasurer shall be ap- 
 plied to be clearly designated by an act of the Legis- 
 lature, either in the general appropriation act or by 
 separate appropriation for the payment of bounties. 
 Any prosecutor or defendant being dissatisfied with 
 the findino- of the magistrate, justice of the peace, 
 or alderman, in a trial for violation of any provision 
 of this act, shall be entitled to an appeal, under the 
 provisions of section fourteen of article five of the 
 Constitution, and the laws of Pennsylvania relating 
 thereto ; which said court, on the conviction of the 
 defendant of such offense, and his failure to pay the 
 penalty in full imposed by this act^ together with 
 the costs of prosecution, shall commit such defendant 
 to the common jail of the county for one day for 
 each dollar of penalty imposed. Provided, That any 
 person caught in the act, or charged with a violation 
 of any provisions of this act, may at his discretion, 
 either before or after the bringing of the suit, sign 
 an acknowledgment of the offense committed, and pay 
 to any duly authorized Game Protector or Deputy 
 Game Protector the penalty in full, as fixed by the 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 41 
 
 the 
 sig- 
 full 
 
 section violated, together with costs, if any, to date 
 and the receipt which he shall receive therefrom, and 
 which in all instances shall bear the imprint of 
 seal of the Board of Game Commissioners and the 
 nature of its Secretary, shall be evidence of 
 satisfaction of the offense committed. 
 
 Section 4. The act of the twenty-ninth of April, 
 one thousand nine hundred and thirteen (Pamphlet 
 Laws, one hundred and twenty), entitled "An act to 
 provide protection and preservation of elk and deer ; 
 providing a method through which certain lands in 
 the Commonwealth may be closed to hunting for a 
 term of years, and prescribing penalties for violation 
 of its several provisions," is hereby repealed : Pro- 
 vided, however. That any counties which have already 
 been closed for a term of years, under the provisions 
 of said act, may remain closed under the provisions of 
 this act for the term for which they have already 
 been closed, without taking any further action there- 
 for : and all other laws, or parts of laws, inconsistent 
 with the provisions of this act, are hereby repealed. 
 
 ' Approved— The 0th day of April. A. D. 1915. 
 
 MARTIN G. BRIJIMBAUGH. 
 
 Itopeal. 
 
 Act of 
 April 1 
 
 AN ACT 
 
 Providing for the establishment, regulation, and main- 
 tenance by the Board of Game Commissioners of 
 State Game Preserves on the Forestry Reservations 
 and elsewhere, and providing penalties for violation 
 of this act. 
 
 Act April 
 16, 191.5, 
 L. ].3.->. 
 
 Section 1. Be it enacted. &c., Tliat the word 
 "gnme," as used in this act, shall include wild ani- 
 mals and wild fowl of every kind protected by the 
 laws of Pennsylvania. 
 
 Section 2. The Board of Game Commissioners may 
 establish and maintain State Game Preserves, for the 
 protection and propagation of game. Such State 
 Game Preserves may be located on the State forests, 
 or may be upon land leased by the Board of Game 
 Commissioners for that purpose. 
 
 Section 3. If a State Game Presence is located on a 
 State Forest, the consent of the Department of For- 
 estry must be obtained therefor. 
 
 pre- 
 
 Game 
 serves. 
 
 "Game" do- 
 ftned. 
 
 Game pre- 
 serves. 
 
 Location. 
 
 Consent of 
 Do)>artiiiont 
 of Forestry. 
 
42 
 
 Rognlations. 
 
 Fire-line, 
 etc. 
 
 Notices. 
 
 Dinioiisiuii!*. 
 Area . 
 
 Right of 
 entri'. 
 
 Close season. 
 
 Unlawful 
 
 hunting. 
 
 etc. 
 
 Right of 
 entry. 
 
 Open season. 
 
 Summary 
 conviction. 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Section 4. The State Game Preserves shall be at all 
 times subject to regulations established by the Board 
 of Game Commissioners, under its agreement with 
 the Department of Forestry. 
 
 Section 5. Each State Game Preserve upon a State 
 forest shall be surrounded by a well-defined fire-line 
 or clear strip of land, and by at least one wire at 
 the boundary thereof. 
 
 Section 6. On the boundary of each State Game 
 Preserve there shall be posted, in conspicuous places, 
 notices bearing the following : "State Game Refuge : 
 Hunting is Unlawful." 
 
 Section 7. The greatest transvei'se dimensions of 
 any State Game preserve shall not exceed ten miles. 
 
 Section 8. If the State Game Preserve is on a State 
 Forest, it must not exceed in area one-half of the 
 total area of the forest on which it is located. 
 
 Section 9. Any citizen may go upon a State Game 
 Preserve, without fire-arms, at any time during what 
 is known as the close season for game in Pennsyl- 
 vania. For any purpose in compliance with the re- 
 quirements of his respective official duties, and in any 
 manner and at any time, and with or without fire- 
 arms ; (a) Any member or employe of the Depart- 
 ment of Forestry may go upon any State Game Pre- 
 serve located on a State forest and (b) any member 
 or any employe of the Board of Game Commissioners 
 may go upon any State Game Preserve wherever lo- 
 cated. 
 
 Section 10. Except as permitted by law in this 
 State, it is unlawful to hunt for, or catch or kill or 
 wound or drive, or attempt to catch or kill or wound 
 or drive, any game within the limits of a State Game 
 Preserve. 
 
 Section 11. Except as otherwise permitted in this 
 act. it is unlawful for any person to carry fire-arms 
 within the limit of a State Game Preserve, or to take 
 a dog of any kind upon a State Game Preserve, or, 
 during the open season for game in Pennsylvania, 
 to go upon the State Game Preserve, either with or 
 without fire-arms. 
 
 Section 12. Jurisdiction for summary conviction 
 for violation of any of the provisions of this act is 
 hereby specificaly given to all aldermen, magistrates, 
 and justices of the peace. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 48 
 
 Any person avIio shall be convicted summarily, by 
 any alderman, magistrate, or justice of the peace of 
 the county, of a violation of any of the provisions 
 of this act, shall be sentenced to pay a fine as fol- 
 lows : — 
 
 If the defendant has willfuly violated any of the 
 provisions of this act, but has not killed any game, 
 nor resisted arrest, nor refused to go with the ar- 
 resting officer, nor interfered with the arresting offi- 
 cer, the fine shall be twenty-five dollars. 
 
 In addition to the foregoing fine, the defendant shall 
 pay a fine as follows : — 
 
 If the defendant has killed or wounded, or at- 
 tempted to kill or wound, a deer, the fine shall be 
 one hundred dollars. If the defendant has killed or 
 wounded, or attempted to kill or wound, a bear, 
 the fine shall be fifty dollars. If the defendant has 
 killed or wounded, or attempted to kill or wound, 
 a game-bird of any kind, the fine shall be twenty-five 
 dollars. If the defendant has resisted arrest for 
 violation of the provisions of this act, or has refused 
 to go with th*^ officer making the arrest, or has in 
 any manner interfered with the arresting officer, the 
 fine shall not be less than one hundred dollars. In 
 default of payment of the fine, the defendant shall be 
 sentenced to imprisonment at the rate of one day for 
 each dollar of the fine and costs. 
 
 The person convicted may appeal to the court of 
 quarter sessions, upon allowance of a judge thereof, 
 on cause shown. 
 
 Section 13. If the prosecutor is a paid Game Pro- 
 tector, the fine shall be paid to the prosecutor, who 
 shall forward it to the Secretary of the Game Com- 
 mission, who shall pay it into the State Treasury, 
 for the use of the Game Commisison as hereinafter 
 provided. 
 
 Section 14. If the prosecutor is other than a paid 
 Game Protector, one-half of the fine shall go to the 
 prosecutor, and shall be paid to him by the alder- 
 man, magistrate, or justice receiving the same. The 
 remaining half of the fine shall be forwarded within 
 ten days to the Secretary of the Game Commission, 
 who shall deposit it into the State Treasury. 
 
 Section 15. Any person charged with the violation 
 of any of the provisions of this act may, in his dis- 
 cretion, sign an acknowledgment of the offense com- 
 mitted, and pay to the duly authorized Game Pro- 
 tector or Deputy Game Protector the proper fine in 
 
 Fines. 
 
 AdditiouB. 
 FineB. 
 
 Resisting 
 arrest, etc. 
 
 Appeals. 
 
 Payment of 
 flmes. 
 
 Acknowledg- 
 ment of 
 offense. 
 
44 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Payment. 
 
 Receipt. 
 
 Arrest with- 
 out war- 
 rant. 
 
 Seizures. 
 
 Disposition 
 of seizure. 
 
 Forfeiture of 
 game. 
 
 Boats, guns, 
 dogs, etc. 
 
 Sale. 
 
 Advertisinqr. 
 
 Disposition 
 of funds. 
 
 When owner 
 escapes ar- 
 rest. 
 
 full, with costs to date. lie shall receive for money 
 so paid a printed receipt, which shall in all instances 
 bear the seal of the Board of Game Commissioners 
 and the signature of the Secretary of the Boar<l. 
 This receipt shall be evidence of a full satisfaction of 
 the offense so committed. 
 
 Section 16. Any person whose duty it is to protect 
 the game of the Commoiiwealth, or any officer whose 
 duty it is to preseiwe the i)eace of the Commonwealth, 
 may arrest, without warrant, any person caught 
 in the act of violating any provisions of this act, or 
 in pursuit immediately following such violation ; and 
 may seize all guns, shooting paraphernalia ; dogs, 
 boats, decoys, or other appliances used in violation 
 of any provision of this act ; and may seize all game 
 found either in possession or under control of the 
 suspected person, within this Commonwealth. All 
 birds and animals, or parts thereof, not classed as 
 game in this Commonwealth, thus seized, shall be 
 held subject to the order of the Board of Game Com- 
 missioners. All guns, boats, decoys, dogs, game, 
 and shooting paraphernalia, seized when such arrest 
 is made, shall be held subject to the determination 
 of the proceedings instituted. Where the party ac- 
 cused is convicted, all game seized shall be forfeited 
 to the Commonwealth, and as soon as may be shall 
 be forwarded to the most convenient hospital, or to 
 a hospital designated by the Secretary of the (Jame 
 Commission, for the use oi the sick or injured there- 
 in. Unless the fine and costs are paid, all such 
 seized guns, boats, decoys, dogs and shooting para- 
 phernalia slial be sold at public auction, after ad- 
 vertising the same for five days, by at least five pub- 
 lic handbills conspicuously posted in the city, borough, 
 or towmship wherein the conviction was secured. 
 The sale shall be held by or under the authority of 
 the proper alderman, magistrate, or justice. The 
 cost of such advertising shall be part of the costs 
 of prosecution, and shall be collected as such. Any 
 fund thus arising shall be applied first to the payment 
 of the costs of prosecution, then to the payment of the 
 fine imposed. The remainder, if any, shall be re- 
 turned to the owner of the property seized. Where 
 game, dogs, boats, decoys, or shooting paraphernalia 
 of any description shall be seized, and the owner 
 thereof escapes arrest, and refuses to present himself 
 and make claim to the property, all such game, after 
 the lapse of three days after the seizure, shall be 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 45 
 
 Sals 
 
 Separate 
 fund. 
 
 forfeited to the Commonwealth, and shall be sent Foi-feiture. 
 to the most convenient hospital, for the purpose be- 
 fore indicated in this section. All guns, dogs, boats, 
 decoys, and other shooting paraphernalia thus seized 
 shall be held for a period of ten days ; after which 
 time, if the owner thereof fail to appear and defend 
 himself against tlie charges made, such property shall 
 be sold in the manner pi-escribed for the sale of seized 
 proj)erty after conviction. The fund arising from such 
 sale shall be applied as in the case of the sale after 
 <;onviction. The fact that imprisonment is suffered 
 by any person convicted of violating any provisions 
 of this act shall not prevent the sale of guns, dogs, 
 boats, decoys, or other shooting paraphernalia of 
 any description, held as the property of the impris- 
 oned party, and tLe application of the fund thus 
 r(^alized to the payment of the costs and the fine im- 
 posed. 
 
 • Section 17. All fines collected for violation of any 
 of the provisions of this act shall be paid to the 
 State Treasurer, as hereinbefore designated, who shall 
 keep the moneys thus collected as a fund separate 
 and apart, solely for the purpose of wild bird and 
 game protection and for tlie purchase and propagation 
 of game under the supervision of the Board of Game 
 Commijisioners. The several purposes to which the 
 fund shall be applied 
 act of Assembly. 
 
 Section 18. The 
 I'epealed : — 
 
 1. The act approved the eleventh day of May ,one 
 thousand nine hundred five, entitled "An act author- 
 izing the Board of Game Commissioners of the Com- 
 monwealth of Pennsylvania to establish and main- 
 tain, within th'^ ^orestry reservation of this Common- 
 wealth, preserves for the protection and propagation 
 of deer, wild-turkey, partridge, quail, woodcock, and 
 wild-pigeons, and making an appropriation for the pur- 
 pose of stocking and proj)agating the same." 
 
 2. The act approved the fifteenth day of April, one April 
 thousand nine hundred seven, entitled "An act giving 1907. 
 additional protection to the game of the State and 
 wild birds, within the limits of 'preserves' created 
 under the provisions of the act of May eleventh, one 
 thousand nine hundred and five, and under the control 
 of the Board of Game Commissioners, and prescribing 
 l)ena]tics for violation of its several provisions." 
 
 shall be clearly designated by 
 following acts are hereby totally 
 
 Acts re- 
 pealed. 
 
 May 11, 
 1905. 
 
 15. 
 
46 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Jtme 15, 
 1911. 
 
 3. 
 
 The act approved the fifteenth day of June ,un«> 
 thousand nine hundred eleven, entitled "An act to 
 amend section one. and extend the provisions of an 
 act, entitled 'An act giving additional protection to 
 the game of the State and wild birds within the 
 limits of "preserves," created under the provisions of 
 the act of May eleventh, one thousand nine hundred 
 and five, under the control of the Board of Game 
 Commissioners, and prescribing penalties for violation 
 of its several provisions,' approved the fifteenth day 
 of April, Anno Domini one thousand nine hundred 
 and seven. 
 
 Approved— The 16th day oe April, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 Act April 
 21, 1915, P. 
 L. 156, as 
 amended by 
 the Act of 
 May 29th, 
 1917, P. L. 
 309. 
 
 Dutj' of For- 
 esters, Forest 
 Rangers, 
 Game Pro- 
 tectors and 
 Fish War- 
 dens. 
 
 Prosecutions. 
 
 AN ACT 
 
 Extending the powers and duties of Foresters. Forest 
 Rangers, Game Protectors, Deputy Game Protestors, 
 Special Deputy Game Protectors, Fish-Wardens an<l 
 Deputy Pish Wardens of this Commonwealth. 
 
 Section 1. As amended by the act of May 20tli, 
 1917, P. L. 309. 
 
 Section 1. Be it enacted, &c.. That from and after 
 the approval of this act, it shall be the duty of each 
 Forester and Forest Ranger in this Commonwealtli to 
 enforce all the laws relating to forestry, fish, and 
 game ; it shall be the duty of every Game Protector, 
 Deputy Game Protector, or Special Deputy Game 
 Protector, commissioned in this Commonwealth, to 
 enforce all the laws relating to fish, game, and for- 
 estry ; is shall be the duty of every Fish-Warden or 
 Deputy Fish- Warden, commissioned in this Common-, 
 wealth, to enforce all the laws relating to game, fish, 
 and forestry, under the direction of that department 
 or commission into whose special care the interests 
 of these several subjects have been entrusted, namely : 
 All prosecutions for violation of laws relating to for- 
 estry shall be brought under the direction of the 
 Department of Forestry ; all prosecutions for violation 
 of the fish laws shall be brought under the direction 
 of the Department of Fisheries ; and all prosecutions 
 for violations of the game laws shall be brought under 
 the direction of the Board of Game Commissioners ; 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 47 
 
 aud, to that end, the powers of all the officers afore- 
 said are hereby extended in such a way as to give 
 them full authority to carry out the purposes of this 
 act. It shall be the further duty of every such For- 
 ♦'Ster, Forest Ranger, Game Protector, Deputy Game 
 Protector, Special Deputy Game Protector, Fisli 
 Warden, and Deputy Fish Warden, whenever such 
 official may have knowledge of the violation of any 
 of the aforesaid laws, forthwith to make a full and 
 complete report thereof to that department under 
 which such official may be commissioned ; which de- 
 partment, in case said law relates to a subject whose 
 special care is entrusted to another department, shall 
 at once forward such report to the appropriate de- 
 partment charged with the enforcement of said law. 
 
 Every person connected with either the Department 
 of Forestry, or with the Department of Fisheries, or 
 with the Game Commission, and under pay of the 
 Commonwealth, who shall refuse or neglect to safe- 
 guard, in a reasonable way, the interests of the Com- 
 monwealth relating to either forestry, or fish, or game 
 and wild birds, as provided for and intended by this 
 act, or who, without prejudice to the work of that 
 department to which he may specially belong shall 
 refuse or neglect to investigate to a reasonable con- 
 clusion any violation of the laws of this Common- 
 wealth relating to either of the other departments 
 named in this act that may be reported to him, or 
 who may refuse or neglect to make the reports re- 
 quired by this act, shall be guilty of a misdemeanor, 
 and for the first offense shall be liable to penalty of 
 twenty-five dolars, or in lieu thereof to an imprison- 
 ment of one day for each dollar of penalty imposed, 
 and for the second offense to double the penalty im- 
 posed for the first offense, and for the third offense 
 shall be discharged from the service of the State ; and 
 it shall be the duty of the heads of the several de- 
 partments mentioned in this act to notify the various 
 employes of the State Government that may be under 
 tlieir control, and that are under the pay of the State, 
 of the requirements of this act. 
 
 Section 2. All acts or parts of acts inconsistent 
 with this act, in so far as they relate to the various 
 subjects and Conditions considered by this act, and 
 specifically changed by its provisions, are hereby re- 
 pealed. 
 
 Approved — The 21st day of April, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 Powers of of- 
 ficers extend - 
 
 IHl. 
 
 Must report 
 to their de- 
 partment. 
 
 Neglect of 
 duty. 
 
 Misdemeanor. 
 Penalty. 
 
 Employes to 
 be notified. 
 
 Repeal. 
 
48 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act May 
 14th, 191.'., 
 P. L. aMO. 
 
 Exccutivo 
 Departint'iit. 
 Froclama- 
 tioii. 
 
 Closure of 
 county or 
 comities, or 
 part thereof 
 to hunting 
 or fishing, 
 etc. 
 
 Closure of 
 streams to 
 fishing. 
 
 Violations. 
 
 Penalty. 
 
 Repeal. 
 
 AN ACT 
 
 Authorizing tlio Governor of the Coinnionvvealth of 
 Pennsylvania, through proclamation, to close any 
 county or counties, or any section of any county of 
 Pennsylvania, to hunting or fishing, or to close any 
 stream or Darts of streams to fishing, when such 
 action is necessary to conserve either the health or 
 welfare of our people or our natural resources. 
 
 Section 1. P>e it enacted, &c. That from and after 
 the passage of this act. the Governor cf Pennsyl- 
 vania shall have authority, through proclamation, to 
 close, for a period not to exceed one season at one 
 time, any county or counties, or any section of any 
 county, of this (^immonwealth, to either hunting or 
 fishing, or to close any stream or part of streams to 
 fishing, because of excessive drouth and consequent 
 danger from forest fires, low water, and the presence 
 of contagious or infectious diseases, when such action 
 may be necessary to conserve either the health or 
 welfare of our people or our natural resources. 
 
 Section 2. Each and every person wilfully violating 
 any provisions of such proclamation shall be guilty of 
 a misdemeanor, and upon conviction shall be liable to 
 a penalty of not less than twenty-five dollars or more 
 than one hundred dollars, or to imprisonment for not 
 more than one "-ear, both or either, as in the opinion 
 of the court hearing the case may appear necessary. 
 
 Section 3. All acts or parts of acts Inconsistent 
 with the provisions of this act are hereby repealed. 
 
 Approved— The 14th day of May. A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 49 
 
 AN ACT 
 
 To give additional pi'otectioii to wild birds and ani- 
 mals and game within the Commonwealth of Penn- 
 sylvania ; prohibiting the hunting for, or capture or 
 killing, of such wild birds or animals or game by 
 unnaturalized foreign-born residents ; forbidding the 
 ownership or possession of dogs by any unnatural- 
 ized foreign-born resident within the Common- 
 wealth ; and prescribing penalties for violation of its 
 ])rovisions. 
 
 Section 1. Be it enacted, &c., That it shall be un- 
 lawful for any unnaturalized foreign-born resident to 
 hunt for, or capture or kill, in this Commonwealth, 
 any wild bird or animal, either game or otherwise, of 
 any description, excepting in defense of person or 
 property ; and to that end, it shall be unlawful for 
 any unnaturalized foreign-born resident, within this 
 Commonweakh to either own or be possessed of a 
 dog of any kind. Each person violating any provision 
 of this section shall, upon conviction tliereof, be sen- 
 tenced to pay a fine of twenty -five dollars for each 
 offense, or undergo imprisonment in tlu^ common jail 
 of tlie county for the period of one day fur each dollar 
 of fine and cost. In addition to the before-named 
 fine, all dogs of the before-mentioned kinds found in 
 possession or under control of an unnaturalized for- 
 eign- born resident, shall, upon conviction of such per- 
 son, or upon his signing a declaration of guilt as pre- 
 scribed by this act, be declared forfeited to the Com- 
 monwealth of Pennsylvania ; and shall be either killed 
 in a humane manner and disposed of by the officer 
 making the complaint, at the cost of the owner, or 
 shall be turned over to the nearest agent of the society 
 for the prevention of cruelty to animals, to be put to 
 death in a humane manner. 
 
 Section 2. ^Jor the purposes of this act, any un- 
 naturalized foreign-born person who shall reside or 
 live within the boundaries of the Commonwealth of 
 Pennsylvania for ten consecutive days shall be consid- 
 ered a residput. and shall be liable to the penalties im- 
 posed for violation of the provisions of this act. 
 
 Act June 
 1, 1915. 
 P. L. 644. 
 
 Wild birds 
 and animals 
 and game. 
 Himting for, 
 etc., by 
 unnatural- 
 ized foreign - 
 bom resi- 
 dents. 
 
 Possession or 
 owning of 
 dog prohibit- 
 ed. 
 
 Violation 
 Penalty. 
 
 Forfeiture 
 of dogs. 
 
 Resident. 
 
56 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 rosbossioii 
 of a dog 
 ©utside 
 buildings. 
 
 Violation. 
 Fine. 
 
 Pieseiue u£ 
 dog in 
 room, house, 
 tent, camp, 
 etc. 
 
 Violation. 
 
 Fine. 
 
 St»ir«re 
 of d«g«. 
 
 Arrests. 
 
 Sunday ar- 
 rests. 
 
 Power of 
 
 summary 
 
 conviction. 
 
 Section 3. The possession of a clog at any i)lac<' 
 outside of buildings, within this Commonwealth, by 
 an unnaturalized foreign-born resident, shall be con- 
 clusive proof of a violation of the provisions of sec- 
 tion one of this act, and shall render any person con- 
 victed thereof liable to the fine as fixed by said sec- 
 tion. 
 
 Section 4. The presence of a dog in a room or house 
 or building or tent or camp, of any description, within 
 this Commonwealth, occupied or controlled by an un- 
 naturalized foreign-born resident, shall be prima facie 
 evidence that such dog is owned or controlled by the 
 person occupying or controlling the property in whicii 
 such dog is found, and shall rendei- such person liable 
 to the fine imposed by section ©ne of this act. 
 
 Section 5. Notice of the seizure of all dogs made 
 for violation of an^ provisions of section one of this 
 act shall be sent to the Board of Game Commissioners, 
 at Harrisburg, by the officer making such seizure, im- 
 mediately after the final verdict in any prosecution 
 brought for violation of said provisions, or upon thp 
 signing of the acknowledgment of guilt as hereinafter 
 provided ; and the dog so seized shall be either killed 
 in a humane manner and disposed of by the officer 
 making the complaint, at the cost of the owner, or 
 shall be turned over to the nearest agent of the society 
 for the prevention of cruelty to animals, to be put to 
 death in a humane manner. 
 
 Section 6. All duly appointed and sworn officers 
 of the Board of Game Commissioners of this Common- 
 wealth, and all constables, police officers, members of 
 the State Constabulary, forestry-wardens, fish-war- 
 dens, and all peace officers of the Commonwealth, 
 shall arrest, without warrant, any person whom they 
 have good reasons to suspect as belonging to the class 
 of unnaturalized foreign-bom residents, when they find 
 such person with dogs in their possession within the 
 Commonwealth of Pennsylvania. Such arrests may 
 also be made upon Sunday, in which case the person 
 or persons, so arrested, for safe-k- ing may be com- 
 mitted to the jail or lock-up for that dfly, but shall bo 
 taken before the proper magistrate and proceeded 
 against on a week-day following the arrest. 
 
 Section 7. Each magistrate, alderman, and justice 
 of the peace within this Commonwealth shall have the 
 power of summary conviction pertaining to the viola- 
 tion of any of the provisions of this act. All actions 
 for violation of any of the provisions hereinbefore- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 51 
 
 mentioned, excepting where the defendant is taken in 
 the act, or in a pursuit immediately following the 
 act, shall be commenced within one year of the time 
 of such violation. Each magistrate, alderman, and 
 justice of the peace, on complaint made before him, 
 on aflidavit of any person, of a violation of the pro- 
 visions of this act by any person, shall issue his war- 
 rant, under his hand and official seal, directed to any 
 constable, police officer, game protector, fish warden, 
 or any other officer of the State known as a police 
 officer and authorized to serve warrants, and cause 
 such person to be brought before such magistrate, 
 alderman, or justice of the peace, who shall hear the 
 evidence and determine the guilt or innocence of the 
 party charged. If the accused be convicted of such 
 offense, he shall be sentenced to pay the fine pre- 
 scribed by the section violated, and pay all costs of 
 prosecution. All fines collected in cases where the 
 prosecutor is a naid officer of the Commonwealth 
 shall be immediately surrendered by the court re- 
 ceiving the same to such prosecutor, who in turn 
 shall, as soon as may be, forward or deliver such 
 amount in full to the Secretary of the Board of Game 
 (Commissioners, wiio shall at once deposit the same 
 in the State Treasury, wiiere it shall be kept separate 
 and apart as a part of a fund to be used solely for 
 the protection and propagation of game under the 
 direction of the Board of Game Commissioners. 
 Where any other than a paid officer of the Common- 
 wealth is the prosecutor, * * * Under the provi- 
 sions of the act of June 7, 1919, P. L. 423, the entire 
 penalty * * * shall be forthwith 
 
 forwarded to the Secretary of the Game Commission 
 at Harrisburg, together with a statement of the cause 
 for which said money shall have been collected. The 
 cost of which statement is hereby fixed as fifty cents, 
 and made a part of the costs of prosecution. It 
 shal be the duty of the Board of Game Commissioners 
 to keep a record of the cases for which said money 
 was collected, and to deliver the fund thus arising, 
 at least once a month, to the State Treasurer, who 
 shall keep it separate and apart as a part of a fund 
 to be used solely for the protection and propagation 
 of game under the direction of the Board of Game 
 Commissioners, Any defendant refusing to pay such 
 fine, with the costs of prosecution, shall be com- 
 mitted to the common jail of the county, for a period 
 of one day for each dollar of fine imposed, unless he 
 
 Warrants. 
 
 Hearing. 
 
 Sentenoe. 
 
 Disposition 
 of flues. 
 
 Statement 
 
 Record. 
 
 Refusal to 
 pay. 
 
52 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Commitiiiont. 
 
 Acknowlerla- 
 inent of of- 
 fense. 
 
 i'ayinent. 
 
 neroipt. 
 
 shall enter a good and suflScient recognizance, with 
 one or more sureties, to pay such fine within ten 
 days, or to answer such complaint, upon the charge 
 of misdemeanor, before the court of quarter sessions 
 of the peace, county in which the offense was com- 
 mitted. Such court, upon conviction of the defendant 
 of such offense, on his failure to pay the fine imposed, 
 together with the costs of prosecution, shall commit 
 such defendant to the common jail of the county, for 
 a period of one day for each <lollar of fine and costs. 
 Any person charged with violation of any of the pro- 
 visions of this act, may, at his discretion, sign an 
 .acknowledgment of the offense committed, and pay 
 any duly sworn Game Protector the fine in full, as 
 fixed bv the section violated, with costs to that date. 
 The printed receipt therefor, which shall in every 
 instance bear the seal of the Board of Game Com- 
 missioners and the signature of its Secretary, shall be 
 evidence of full satisfaction for the offense committed. 
 
 Approved — The 1st day of June, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 Act May ri, 
 1917, P. L. 
 151. 
 
 (iiime Com- 
 iiiission. 
 
 Non-resident 
 \nini"ers. 
 
 AN ACT 
 
 For the better protection of wild animals and birds 
 and game within this Commonwealth ; requiring non- 
 residents to procure a license before hunting in this 
 Commonwealth ; providing penalties for violation of 
 any of its several provisions ; and prescribing the 
 disposition of license fees and penalties received. 
 
 Section 1. Be it enacted, &c.. That from and after 
 the passage of this act, it shall be unlawful for any 
 person residing outside of this Commonwealth to hunt 
 for wild birds or wild animals of any kind found in 
 the fields, in the forests, or on the waters of this 
 Commonwealth, with firearms, or with a device of any 
 kind propelling with force a leaden or metal pellet 
 or bullet, or through the use of traps, or, except in 
 the defense of person or property, to shoot at or kill, 
 or pursue with intent to take, kill, or wound, any 
 such wild birds or wild animals, tlius found within 
 
 this Commonwealth, without first securing a license 
 to so do, in accordance with the provisions of this act. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 53 
 
 Section 2. Every non-resident of this Commou- 
 wt^altli, except as otherwise provided by the laws of 
 this Commonwealth, — such person being a citizen of 
 the United States — upon application made verbally or 
 in writing to any county treasurer, or to the Secre- 
 tary of the Game Commission at Harrisburg, and the 
 presentation of proof that he is a citizen of the United 
 States, and the payment of ten dollars to said county 
 treasurer or Secretary of the Game Commission, shall 
 be entitled to what is herein designated as a "Non- 
 Resident Hunter's License," and a tag with the num- 
 ber of the license thereon, and said license and tag 
 sliall not be transferable. 
 
 For services rendered in issuing such license and 
 tag, each county treasurer shall be entitled to retain 
 five per centum of all license fees received ; and shall, 
 at least once a month, forward to the State Treasury, 
 for purposes hereinafter designated, all balances from 
 such fees in his hands ; and shall, at the end of each 
 week, forward to the Secretary of the Board of Game 
 Commissioners at Harrisburg a statement, upon a 
 form provided for such purpose by the Game Commis- 
 sion, giving the names of the parties receiving non- 
 resident licenses during that week, together with 
 their places of residence, their ages as stated in the 
 licenses, and the number of such licenses issued to 
 them. 
 
 Section o. Said license shall be issued on a form 
 prepared and supplied by the Board of Game Commis- 
 sioners at the cost of the Commonwealth, and shall 
 bear a description of the person applying for the same 
 with the date of its issue, and shall authorize the 
 person named therein to use legal firearms or traps 
 for the purpose of hunting any of the wild animals 
 or birds, either game or otherwise, of this Common- 
 wealth, under the restrictions and requirements of 
 existing laws, during that year, the date of which is 
 inscribed thereon. Said certificate shall become void 
 upon the thirty-first day of December next following 
 the date of issue. The Game Commission shall also 
 furnish free of charge, and the county treasurer shall 
 issue, with each license, a tag bearing the license 
 number, in figures at least one inch in height, which 
 tag such licensee shall, at all times while either hunt- 
 ing or going to or coming from such hunt, have at- 
 tached to his outer garment, either at the back or the 
 sleeve, between the shoulder and elbow, or on his 
 back, where the figures thereon can be readily seen. 
 
 Application 
 lor license. 
 
 * 
 
 Fee. 
 
 Non-Itesident 
 Hxmtei's Li- 
 cense. 
 
 Tag. 
 
 County treas- 
 urer's com- 
 mission. 
 
 Disposition 
 of fees. 
 
 Statement. 
 
 Form of li- 
 cense. 
 
 Authority. 
 
 Term of li- 
 cense. 
 
 Tags. 
 
 Di.splay of 
 tag: 
 
54 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Evidence of 
 violation. 
 
 Display of 
 tag. 
 
 Exhibition of 
 license. 
 
 Refusal or 
 iipglect. 
 
 Penalty. 
 
 Jurisdiction 
 for summary 
 conA-iction. 
 
 Convictions. 
 
 Penalties. 
 
 Fine. 
 
 Additional 
 penalties. 
 
 Elk. 
 
 Section 4. Possession of a gun, or the setting or 
 control of a trap of any kind, in the fields or in the 
 forests or on the waters or on the highways of this 
 Commonwealth, by non-residents of this Common- 
 wealth, without having secured the license required 
 by this act, duly issued in his or her name, shall be 
 prima facie evidence of a violation of its provisions ; 
 and shall render such person liable to display his 
 license-tag, as aforesaid, and to show his non-resident 
 hunters' license to any officer of this Commonwealth 
 whose duty it is to protect the game and wild birds 
 of the Commonwealth ; or, upon demand by tbe^owner 
 or the lessee, or by the employe or representatives of 
 such owner or lessee, upon whose lands such person 
 may be found in this Commonwealth : and for failure 
 to display the license tag as provided for by this act, 
 or for refusing or neglecting to comply with such re- 
 quest, such person neglecting or refusing to display his 
 license tag, as aforesaid, and exhibit his non-resident 
 huntere' license, or in any manner violating any pro- 
 vision of this section, shall be liable to the penalties 
 imposed by this act for hunting without a license. 
 ^ Section 3. Jurisdiction for summary conviction for 
 violation of any of the provisions of this act is hereby 
 specifically given to all aldermen, magistrates, and 
 justices of the peace. 
 
 Any person who shall be convicted summarily, by 
 any alderman, magistrate, or justice of the peace of 
 the county, of a violation of any of tlie provisions of 
 this act, shall be sentenced to pay a penalty as fol- 
 lows : — 
 
 If the defendant has violated any of the provisions 
 of this act, but has not killed or captured any game 
 or wild animal, nor resisted arrest, nor refused to go 
 with the arresting officer, nor interfered with the ar- 
 resting officer, the fine shall be twenty-five dollars for 
 each offense, and each day he may have so hunted con- 
 trary to the provisions of this act shall be considered 
 a separate offense. 
 
 In addition to the foregoing fine, the defendant shall 
 pay a penalty as follows : — 
 
 If the defendant has killed or wounded an elk, the 
 penalty shall be two hundred dollars, with six months* 
 imprisonment. If he has shot at an elk, but has not 
 wounded or injured same, the fine shall be one hunr 
 dred dollars. 
 
GAME, FISU, AND FORESTRY LAWS. 
 
 S6 
 
 If the defendant has killed or wounded, or attempted 
 to kill or wound, a deer, the fine shall be one hundred 
 dollars. 
 
 If the defendant has killed or wounded, or attempted 
 to kill or wound, a bear, the fine shall be fifty dollars. 
 
 If the defendant has killed or wounded, or attempted 
 to kill or wound, a game-bird, of any kind, the fine 
 shall be twenty-five dollars. 
 
 If the defendant has resisted arrest for violation of 
 tlie provisions of this act, or has refused to go with 
 the officer making the arrest, or has in any manner 
 interfered with the arresting officer, the fine shall be 
 one hundred dollars. 
 
 In default of payment of the fine, the defendant shall 
 be sentenced to imprisonment at the rate of one day 
 for each dollar of the fine, and costs. 
 
 Either the prosecutor or defendant, being dissatis- 
 fied with the finding of the magistrate, justice of the 
 peace, or alderman, in a trial for a violation of any 
 provision of this act, shall be entitled to an appeal, 
 under the provisions of section fourteen of article five 
 of the Constitution, and of the laws of Pennsylvania 
 iclating thereto. 
 
 Section 6. If the prosecutor is a paid game pro- 
 tector, the fine shall be paid to the prosecutor, who 
 si 1 all forward it to the Secretary of the Game Com- 
 mission, who shall pay it into the State Treasury, for 
 the use of the Game Commission as hereinafter pro- 
 vided. 
 
 Section 7. If the jtrosecutor is other than a paid 
 Game Protector, one-half of the fine shall go to the 
 prosecutor, and shall be paid to him by the alderman, 
 magistrate, or justice receiving the sarne. The re- 
 maining half of the fine shall be forwarded, by said 
 alderman, magistrate, or justice of the peace, within 
 t«'n days, to the Secretary of the Game Commission, 
 viio shall deposit it into the State Treasury, for pur- 
 poses hereinafter designated. 
 
 Section 8. Any person charged with the violation 
 of any of the provisions of this act, may, in his dis- 
 cretion, sign an acknowledgment of the offense com- 
 mitted, and pay to the duly authorized Game Pro- 
 t(^ctor or Deputy Game Protector, the proper fine in 
 full, with costs to date. He shall receive for money 
 so paid a printed receipt, which shall in all instances 
 bear the seal of the Board of Game Commissioners, 
 and the signature of the Secretary of the Board. This 
 receipt shall be evidence of a full satisfaction of the 
 offense so committed. 
 
 Deer. 
 
 Bear. 
 Game-bird. 
 
 Resistiug ar- 
 rest, etc. 
 
 Default in 
 payment of 
 fines. 
 
 Appeals. 
 
 Disposition of 
 fines. 
 
 Disposition of 
 fines. 
 
 Acknowledg 
 ment of 
 offense. 
 
 Receipt. 
 
56 GAME, FISH, AND FORESTRY LAWS. 
 
 AiTC'sts. Section 9. Any person whose duty is it to in-otcct 
 
 the game of the Commonwealth or any officer whos»> 
 
 duty it is to preserve the peace of the Commonwealtli, 
 
 may arrest, without warrant, any person caught in 
 
 the act of violating any provisions of this act, or in 
 
 pursuit immediately following such violation ; and may 
 
 seize all guns, shooting paraphernalia, traps, dogs, 
 
 boats, decoys, or other appliances used in violation 
 
 SfizTires. of any provision of this act: and may seize all birds 
 
 or animals, game or othei-wise, found either in pos- 
 
 :i7 session or under control of the suspected person 
 
 Disposition within this Commonwealth. All guns, traps, boats, 
 
 of guns, decoys, dogs, game, and shooting paraphernalia seized 
 
 traps:, fie. when such arrest is made, shall be held subject to the 
 
 determination of the proceedings instituted. Whero 
 
 Game. the party accused is convicted, all game seized shall 
 
 be forfeited to the Commonwealth ; and as soon as 
 
 may be shall be forwarded to the most convenient 
 
 hospital, or to a hospital designated by the Secretary 
 
 of the Game Commission, for the use of the sick or 
 
 injured therein. 
 
 All birds and animals, or parts thereof, not classed 
 as game in this Commonwealth, thus seized, shall be 
 held subject to the order of the Board of Game Com- 
 missioners. 
 
 Unless the fine and costs are paid, all such seized 
 guns, traps, boats, decoys, dogs, and shooting para- 
 Saie ax auo- phernalia shall be sold at public auction, after adver- 
 tion. tising the same for five days by at least five public 
 
 handbills conspicuousy posted in the city, borough, or 
 township wherein the conviction was secured. The 
 sale shall be held by and under the authority of the 
 Game Commission. The cost of such advertising shall 
 be part of the costs of prosocution. and shall be col- 
 Pispositi'ui lected as such. Any fund thus n rising shall be ap- 
 of fund. i)lied. — first, to the payment of th^^ costs of prosecu- 
 
 tion ; then, to the payment of the fine imposed. The 
 remainder, if any, shall be returned to the owner of 
 the property seized. 
 
 Where guns, traps, game, dogs, boats, decoys, or 
 shooting paraphernalia of any description shall be 
 seized, and the owner thereof escapes arrest, and re- 
 fuses to present himself and make claim to the prop- 
 erty, all such game, after the lapse of three days after 
 Forfeitures. the seizure, shall be forfeited to the Commonwealth, 
 and shall be sent to the most convenient hospital, for 
 the purpose before indicated in this section. All guns, 
 traps, dogs, boats, decoys, and other shooting para- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 57 
 
 phernalia thus seized shall be held for a pediod of 
 ten days ; after which time, if the owner thereof fails 
 to appear and defend himself against the charges 
 made, such property shall be sold in the manner pre- 
 scribed for the sale of seized property, after convic- 
 tion. The fund arising fropi such sale shall be applied 
 as in the case of the sale a'fter conviction. 
 
 The fact that imprisonment is suffered by any per- 
 son convicted of violating any provisions of this act 
 shall not prevent the sale of guns, dogs, boats, decoys, 
 or other shooting paraphernalia of any description, 
 lield as the property of the imprisoned party, and the 
 application of the fund thus realized to the payment 
 of the costs and the fine imposed. 
 
 Section 10. All license fees, and all fines collected 
 for violation of any of the provisions of this act, shall 
 be paid to the State Treasurer, as hereinbefore desig- 
 nated, who shall keep the moneys thus collected as a 
 fund separate and apart, solely for the purpose of wild 
 bird and game protection, and for the purchase and 
 l)ropagation of game, under the supervision of the 
 Board of Game Commissioners. The several purposes 
 to which the fund shall be applied shall be clearly 
 <losignated by act of Assemby. 
 
 Section 11. An act, entitled "An act requiring non- 
 resident hunters, and unnaturalized, foreign-born resi- 
 dent hunters, to procure a license before hunting in 
 this Commonwealth, and providing penalties for vio- 
 lation of its provisions, and repealing an act approved 
 the twenty-fourth day of April, one thousand nine 
 liundred and one," approved the fourt'>enth day of 
 April, one thousand nine hundred and tliree (Pamph- 
 let Laws, one hundred seventy-eight), is hereby re- 
 pealed. 
 
 Approved— The .^d day of May, A. D. 1917. 
 
 MARTIN G. BRUMBAUGH. 
 
 \ 
 
 Sale. 
 
 In case of 
 imprison- 
 ment. 
 
 Disposition 
 of fees and 
 fines. 
 
 I 
 
 Act of April 
 24, 1903 (P. 
 L. 178), citPil 
 for repeal. 
 
 Repeal. 
 
58 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act of June 
 7, 1917, P. I 
 
 Game. 
 
 "Person" de- 
 fined. 
 
 Singular and 
 plural. 
 
 Gender. 
 Game-birds. 
 
 Ganie-aiii- 
 mals. 
 
 "OpeH sea- 
 Bon" de- 
 fined. 
 
 AN ACT 
 
 To provide for the protection aud preservation of 
 game, game-quadrupeds, and game-birds, and song 
 and insectivorous and other wild birds, and pre- 
 scribing penalties for violation of its several pro- 
 visions. 
 
 Section 1. Be it enacted, &c.. That whenever in 
 this act the word person is used, such word shall be 
 taken to include every person, partnership, institution, 
 association or corporation, or the agent or agents or 
 emploj'e thereof. 
 
 All words or terms in this act which refer to persons 
 or individuals, and which arc in the singular number, 
 shall be taken to include the plural number, and the 
 words of the plural number shall include the singular 
 number. All words of a masculine gender shall be 
 taken to include the feminine gender. 
 
 The following shall be considered game-birds : The 
 anatidae, commonly known as swan, geese, brant, and 
 river and sea-ducks ; and the pygopodes, known as 
 loons and grebes, — the members of these two orders 
 being commonly known as wild water-fowl ; the ralli- 
 dae, commonly known as rails, coots, mud-hens, and 
 gallinules ; the limicolae, commonly known as shore- 
 birds, plover, surf-birds, snipe, woodcock, sand-pipers, 
 tattlers, and curlew ; the gallinae, commonly known 
 as wild-turkey, grouse, pheasants, partridges, and 
 quail ; and the birds commonly known as reed birds 
 and black-birds. 
 
 The following shall be considered game-animals : 
 The wapiti or elk, the deer, the bear, the wild rabbit, 
 and hare ; the * * * gray, black, and fox squirrel, 
 and the raccoon. 
 
 The time during which game may be legally taken 
 or killed shall be known as the open season ; and in 
 the designation of seasons and other periods under 
 this act, and under all other laws of this State for 
 the protection of game, such open season or. period 
 shall include both the first and the last day or date 
 mentioned in the designation. 
 
 *The red squirrel was taken from the list of game animals 
 by tlie act of .Tuly 9tli, 1919 P. L. 823. 
 
GAME, B^ISH, AND FORESTRY LAWS. 
 
 68 
 
 Tlie time during which game may not be legally 
 taken or killed shall be known as the close season. 
 
 Section 2. Whenever, because of a violation of any 
 provision of this act, a person shall be convicted for 
 a first offense and a penalty be imposed, and defendant 
 shall neglect or refuse to immediately pay said amount, 
 together with the costs of prosecution, in lawful money 
 of the United States, he shall be at once committed 
 to the common jail of the county for a period of one 
 day for each dollar of penalty and costs imposed ; 
 unless he shall enter into good and sufficient recog- 
 nizance to pay said penalty and costs within a period 
 of ten days after the date of his said conviction, or 
 shall certiorari the proceedings, or shall carry the case 
 to a higher court on appeal, as provided for in this 
 act. For the second or any other offense after the 
 first offense the defendant shall, in addition to the 
 penalty prescribed for the first offense, suffer an im- 
 prisonment of one day in jail for each dollar of pen- 
 alty imposed, and shall be denied the right to hunt 
 for a period of two years from the date of his con- 
 viction, under a penalty of twenty-five dollars for each 
 dav such person may hunt contrary to this provision. 
 
 Any person convicted or pleading guilty under the 
 provisions of this act, who prior to its passage was 
 convicted of a violation of the game laws, or who paid 
 a penalty for a violation of such game laws on a 
 signed acknowledgment of guilt and received a field- 
 receipt therefor, shall be sentenced under this act in 
 the same manner as a person convicted under the fore- 
 going provisions relative to a second offense against 
 this act. 
 
 In every case of a conviction for violation of any 
 provision of this act, wherein a defendant suffers im- 
 prisonment in lieu of a cash payment of the penalty 
 and costs imposed, all traps, guns, shooting parapher- 
 nalia, boats, decoys and other appliances used in vio- 
 lation of the law, and found or proven to have been 
 either in possession or under control of the defendant 
 at the time of such violation, shall be and they are 
 hereby declared forfeited to the Commonwealth of 
 Pennsylvania, and shall be sold under the direction of 
 the Board of Game Commissioners, if possible in quan- 
 tity suflicient to pay said penalty and costs ; and the 
 money thus secured be applied by them, first, to the 
 payment of the costs incurred, and the balance, if 
 any, be deposited with the State Treasurer, for the 
 purposes hereinafter designated ; the defendant being 
 
 "Close sea- 
 son deflnecl. 
 
 Violations. 
 
 First offense. 
 Penalty. 
 
 Bail. 
 
 Second or 
 other of- 
 fense. 
 
 Penalty. 
 
 Prior convic- 
 tioir, or plea 
 of guilty. 
 
 Penalty. 
 
 In case of 
 imprison- 
 ment. 
 
 Forfeiture. 
 
 Sale. 
 
 Disposition 
 of money. 
 
60 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Game laws 
 construed. 
 
 When provi- 
 sions of this 
 ;ict shall not 
 iipply. 
 
 When penal- 
 ties shall not 
 attach. 
 
 (irantiiiK of 
 certificates. 
 
 Sworn state- 
 ment before 
 renewal. 
 
 Ordinary 
 Certificate. 
 
 entitled to a credit of one day off his imprisonment for 
 each dollar so deposited, for the iirst offense only. 
 Any personal property belonging to such defendant, 
 beyond that necessary to secure the payment of the 
 said penalty and costs and the costs of sale, shall be 
 returned to said defendant. 
 
 Section 3. The game laws of this Commonwealth 
 shall not be construed to apply to any public zoologi- 
 cal garden of the State, or to any public institution 
 of the State wherein animals or birds may be main- 
 tained alive, for educational purposes or for the pur- 
 pose of scientific study or experiment ; or to the Board 
 of Game Commissioners, or to its duly authorized 
 agent acting for the State ; and no law shall be lield 
 to prevent the Board of Game Commissioners, through 
 its duly authorized agent, from destroying bicds or 
 animals destructive to game, in such manner as they 
 may direct. Nor shall the penalties as attached to 
 any game law be construed to apply to any person 
 legally acting under tlie provisions of a certificate is- 
 sued by the Board of Game Commissioners, as pro- 
 vided for in this act ; in which case the holders of 
 such certificates shall be limited to the rights and 
 privileges therein named. 
 
 The said Board shall be empowered to grant certifi- 
 cates, at their discretion, which shall be good for the 
 term of one year from their date and shall not be 
 transferable. These certificates may b*- issued to any 
 person of known scientific attainment in ornithology, 
 within the Commonwealth, or to the agent of any 
 public museum in this Commonwealth, or to a teacher 
 of ornithology in any school within this Common- 
 wealth, authorizing the holder thereof to take birds, 
 their nests, and eggs for strictly scientific study ; or 
 to any person desiring to raise game in captivity for 
 propagation purposes, within the State ; or to a per- 
 son desiring to own or sell ferrets, or to a person 
 qualified to practice taxidermy ; and at the expiration 
 of any of these licenses, the holder shall file a sworn 
 statement, covering all his transactions under such 
 license, before a renewal license may be granted in 
 accordance with the following provisions : 
 
 Section 4. A certificate, to be known as an Ordi- 
 nary Certificate, may be granted by the Board of 
 Game Commissioners to any properly accredited per- 
 son, residing within the Commonwealth and legally 
 authorized to act as the agent of any public museyim 
 Avithin the Commonwealth : or to any one i*esiding 
 
GAME, FISH, AN1> FUKESTRY LAWS. 61 
 
 within the Commonwoalth. who is n teacher of orui- 
 rliology in any school within the Commonw'ealth, per- 
 niittinjf the holder thereof to collect wild bird* other 
 than game-birds, their nests and eggs, for mounting, 
 for strictly scientific study, but not for sale or ex- 
 change, or shipment from or removal out of this Com- 
 monwealth, without the written consent of the Presi- 
 dent of the Board of Game Commissioners. The num- 
 ber of birds that may be taken under a certificate of 
 this character shall be limited to eight of each species 
 with nests to the number of two and the eggs found 
 therein. 
 
 A certificate to be known as a Special Certificate, to special Cer- 
 take birds for strictly scientific study, may be issued tiftcate. 
 by the Board of Game Commissioners, and shall be 
 controlled by the same conditions and requirements as 
 the Ordinary Certificate, excepting that such certifi- 
 cate may be issued only to a person, residing within 
 the Commonwealth, of know'n scientific attainment in - 
 ornithology; in which case the holder thereof shall be 
 authorized to take the wild birds and animals of this 
 State, without limitation, for strictly scientific study 
 <tr experiment, but not for sale or exchange, or ship"- 
 ment from or removal out of the State, without the 
 written permission of the President of the Board of 
 Game Commissioners. 
 
 Persons having either of the above certificates, and vioiatiois. 
 taking a greater number of birds, their nests or eggs, 
 than is permitted by this act, or the shipping of the 
 same out of the State, or the sale of skins of such 
 birds or parts thereof, either mounted or otherwise, 
 excepting as herein provided, or in any manner violat- 
 ing any provision of this act, shall be subject to the Penalty, 
 penalties prescribed by existing law, in the same man- 
 ner and to the same extent as though no certificate 
 had been issued. Upon the conviction of the prin- 
 cipal, therein named, of having violated any provision 
 of this section relative to either of these certificates, 
 the certificate shall become void, and the holder of 
 such recalled certificate shall be denied a renewal 
 therof for a period of three years. 
 
 In order to secure either an Ordinary or a Special Application 
 Certificate, the person desiring same shall file w'ith for certift- 
 the Secretary of the Board of Game Commissioners *'^*^- 
 a petition asking that such privilege be granted to Fee. 
 him, and shall pay to said Secretary one dollar. 
 
 Section 5. It shall be unlawful for any person to Ferrets. 
 breed or sell ferrets, or in any manner to offer to sell 
 
62 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 License. 
 Fee. 
 
 V'iolatione. 
 renalty. 
 
 Taxidermy 
 fpr profit. 
 
 I'roof of vio- 
 hiti m. 
 
 Pfiiilty. 
 
 Report from 
 taxidermists, 
 before re- 
 newal. 
 
 ferrets, either for himself or as the agent of another, 
 or to have a terret in possession, except by virtue of a 
 license to be issued by the Board of Game Commis- 
 sioners ; which said license may be issued, at their 
 discretion, by the said Board, upon application made 
 by any person residing within this Commonwealth, 
 and the payment of twenty-five dollars upon the part 
 of a breeder of or a dealer in ferrets, and one dollar 
 upon the part of such person as may desire to own a 
 ferret without breeding same. Any person violating 
 this section shall, upon conviction, be liable to a pen- 
 alty of twenty-five dollars for each ferret bred for 
 sale, sold, or in any manner offered for sale, or had 
 in possession, contrary to this section. 
 
 Section G. Any person desiring to practice taxi- 
 dermy for profit shall, before beginning such practice, 
 secure from the Secretary of the Board of Game Com- 
 missioners a certificate authorizing him to act thus; 
 and the possession of such certificate sliall authorize 
 such person to receive from any person the skin, or 
 any part thereof, of any bird or animal that has been 
 either legally or accidentally killed, and to tan or cure 
 or mount the same, cither himself or through any 
 legitimate employe, for wages or hire ; but no taxi- 
 dermist or other person shall remove out of the Com- 
 monwealth, or permit such removal out of the Com- 
 monwealth, or sell such mounted specimen, before 
 written permission to so do has been procured from 
 the President of the Board of Game Commissioners. 
 
 Proof of the fact that any person shall attempt to 
 practice taxidermy for profit, or shall collect or at- 
 tempt to collect either wild birds of the Common- 
 wealth or the nests or the eggs of such birds pro- 
 tected by the laws of this Commonwealth, without first 
 securing the license required by this act, shall render 
 such person liable to a penalty of twenty-five dollars 
 for each offense, and, in addition to the fines and 
 penalties imposed by the laws of this Commonwealth 
 for the taking or killing during the close season of 
 such bird or animal as may be found in his posses- 
 sion, or the interfering with birds' nests, as the case 
 may be. 
 
 The holder of a certificate authorizing the practice 
 of taxidermy shall be required, before a second or any 
 other certificate shall be issued to him, to file with 
 the Secretary of the Board of Game Commissioners, 
 at Harrisburg an itemized statement in writing, un- 
 der oath, of all skins or parts thereof of either wild 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 63 
 
 birds or animals, either mounted by himself or under 
 liis direction, or sold by him under the provisions of 
 this act, with the name and place of residence of the 
 persons from whom the same were received, and to 
 whom such specimens were sold. He shall also answer 
 truthfully and without evasion any question relative 
 to the ownership of any specimen of bird or animal 
 found in his possession or under his control, or that 
 has passed through his hands, killed in this Common- 
 wealth by any person other than himself, that may be 
 Msked him by an officer or representative of the said 
 Board of Game Commissioners. A failure to so re- 
 port or to answer the questions asked under the pro- 
 visions of this section, shall be considered a just cause 
 for refusal upon the part of the Board of Game Com- 
 missioners to renew the certificate of any taxidermit. 
 
 The petition necessary to the securing of such cer- 
 tificate shall be accompanied by the written statement 
 of at least two well-known citizens of the community 
 in which said applicant may reside, certifying to the 
 good character and fitness of said applicant to be en- 
 trusted with said authority, and such applicant shall 
 pav to the Secretary of said Board the sum of one 
 dollar for such certificate. 
 
 Section 7. A certificate, to be known as a Propaga- 
 ting Certificate, may be issued by the Board of Game 
 Commissioners to any accredited person residing with- 
 in this Commonwealth, of the age of twenty-one years 
 or upwards, permitting the holder thereof and his 
 assistants to breed or raise game-quadrupeds or game- 
 birds of any kind, both or either, and to sell the same, 
 dead or alive, at any time within the Commonwealth, 
 under the following restrictions and regulations : 
 
 Any person or corporation or association desiring to 
 raise either animals or birds classed as game for sale 
 shall file with the Secretary of the Board of Game 
 Commissioners, at Harrisburg, a petition asking for 
 this privilege. 
 
 In all cases where the premises intended to be 
 used for this purpose are under the control of a com- 
 pany or association, the petition shall bear the name 
 of the president of such body, and the certificate shall 
 be issued in his name. This petition shall be ac- 
 companied by a written description of the premises 
 to be used for such purpose, with the location : which 
 said premises, in the matter of raising of small game. 
 
 Failure to le- 
 port or to 
 answer. 
 
 Statement to 
 accompany 
 petition . 
 
 Propagjiting 
 certificate. 
 
 Petition. 
 
 Premises. 
 
m 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 be in such form as to the operator thereof seems 
 
 rr«'?->Tv»»s. 
 Fence. 
 
 Forfeiture of 
 boiKlfs, etc. 
 
 Violatiuns. 
 
 Fee. 
 Bond. 
 
 Record shall 
 be kept. 
 
 Itemized 
 statement to 
 be filed. 
 
 suited to his purposes, so long as 
 
 t, CIO wild game is 
 property. 
 
 other ]arg«' 
 
 surrounded 
 
 game pre- 
 
 such hinds, 
 officer of the 
 
 under 
 Game 
 
 may 
 
 best 
 
 prevented from coming onto such 
 
 In the matter of the raising of deer or 
 game the preserve shall, in all cases, be 
 by a wire fence of approved pattern for 
 serves, with a height of not less than eight feet, so 
 constructed and maintained as to absolutely prevent 
 wild deer from jumping into said preserve or in any 
 manner passing into said i)reserve from the outside. 
 It being alsc* distinctly understood, that, before the 
 fence surrounding any preserve of this character shall 
 be completed or closed, all wild deer that may be 
 found upon said territory shall be, as far as possible, 
 driven therefrom by the owner of 
 the direction and supervision of an 
 Commission. 
 
 The bond hereinafter provided for .shall be forfeited 
 to the Commonwealth and the certificate become void 
 upon the conviction of the principal therein named 
 of having violated any provision of this section, or 
 having knowingly or negligently permitted any one 
 to violate any of the gams laws on said premises. 
 
 Upon notification of tlie favorable consideration of 
 this petition by the said Board, the applicant sli^ll 
 I)ay to said Secretary the sum of one dollar, and file 
 a duly executed bond, properly secured, in the sum of 
 five hundred dollars, conditioned for the faithful keep- 
 ing, upon the part of the principal therein named and 
 his employes upon said premises, of all the provisions 
 of this section and all other game-laws of this State. 
 He shall keep, as nearly as possible, a just and true 
 account, in a book to be kept for that purpose only, 
 of all game raised on said premises ; a jnst and true 
 account of all game brought to said premises from 
 outside of the preserve, the number of birds or ani- 
 mals, with the time they were received, the place 
 from whence they were shipped, and the name of the 
 shipper. He shall keep a strict 
 sold, its character, the number 
 peds, the time and manner of 
 
 name and address of the purchaser; and shall file 
 with the Secretary of said Board, at Harrisburg, an 
 itemized statement from the before-named book ac- 
 
 tlie close of every twelve 
 
 the date of the certificate. 
 
 be held strictly confidential. 
 
 Board only for the purpose 
 
 account of all game 
 of birds or quadru- 
 shipment, with the 
 
 count, under oath, at 
 months, beginning with 
 Data thus collected shall 
 and shall be used by said 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 66 
 
 of satisfjdng themselves that the law relative to this 
 subject is being obeyed within said preserve, or as 
 evidence in cases where they are satisfied the law is 
 not being obeyed. 
 
 The before-nnmod book, to^othor with the premises 
 <h\seribed and all same tliercdn. shall be open to in- 
 spection upon <]('mand of any member of the Board 
 of Game Commissioners, or of its Secretary, or to 
 any Game Protector, upon the presentation by such 
 Game Protector of written instructions from the Sec- 
 retarv of said Board, directing him to thus inspect 
 scuh plant ; and the refusal of any person holding a 
 propagating certificate to permit such inspection by 
 any of the officers above-named, or the neglect or refu- 
 sal upon the part of said holder of such certificate to 
 comply with the reasonable request of the Secretary of 
 said Board, in any matter pertaining to said plant 
 in which the said board has a legal right to be heard, 
 shall be sufficient cause for refusal upon the part of 
 said Board to renew such Propagation Certificate. 
 
 Where game-birds or animals of any kind shall be 
 raised in captivity under the provisions of this sec- 
 tion, they may be sold or given away, and shipped 
 alive from said enclosure, for propagating purposes 
 witliin the Commonwealth ; or may be killed within 
 said enclosure, for sale or gift within the Common- 
 wealth, without regard to sex or numbers^ at any 
 time of the year, under the following restrictions : 
 
 All boxes or crates or packages of any description, 
 in which small game may be shipped or removed from 
 said premises, shall, before remoA'al therefrom, liave 
 attached thereto a card or marker, to be supplied in 
 duplicate, at cost, by the Board of Game Commis- 
 sioners, upon each part of which sliall be plain!;; 
 written, in the blank spaces left for the purpose, the 
 name and address of the purchaser, with the contents 
 of the box, crate, or package. One part of this card 
 or marker shall be attached to the receptable contain- 
 ing the game shinned, and the other part shall be 
 immediately sent to the Board of Game Commission- 
 ers, at Harrisburg. 
 
 Before any deer or elk, or animal classed as large 
 game, shall be removed or shipped from any licensed 
 propagating plant, there shall first be attached to 
 either the crate or box in which the animal is shipped, 
 or to the animal itself, a tag or marker, in such form 
 
 Inspection. 
 
 Refusal. 
 
 Sale and 
 shipping. 
 
 Restriction. 
 
 Card or 
 marker. 
 
 Contents. 
 
 Forwarding 
 of card. 
 
 Lai-ge game. 
 
 Tag or mark- 
 er. 
 
66 
 
 GAME, FISH. AND FORESTRY LAWS. 
 
 Attachment 
 of tag. 
 
 Disposition 
 of the tag or 
 marker. 
 
 Failure to 
 comply. 
 
 Penalty. 
 
 ProTiso. 
 
 Unlawful re- 
 moval or mu- 
 tilatisn of 
 tags or 
 markers. 
 
 as may be deciderl upon by the Boaid of Game Com- 
 missioners; which said tag or marker shall be sup- 
 plied, in duplicate, by said Board at cost: and it shall 
 be the duty of any person raising and selling, or 
 shipping, such deer or elk, or large game-animal, to 
 attach to either the crate or box in which a live 
 animal is shipped, or to the body of a dead animal,, 
 raised in such preserve, one of these tags or markers, 
 and to forward the duplicate thereof at once to the 
 Board of Game Commissioners, at Harrisburg. 
 
 The tag or marker, so attached to either crate or 
 box or animal, shall remain thus attached until the 
 living birds or animals are released from the crate 
 or box, or the dead body of the animal is cut up for 
 retail purposes or final consumption ; after which the 
 tag or marker shall be removed from the crate or box 
 or remainder of the carcass by the person finally dis- 
 posing of the animal, and shall be at once forwarded 
 to the Board of Game Commissioners, at Harrisburg. 
 
 Any person failing to comply with the requirements 
 of this section in the matter of attaching tags or 
 markers before shipment of birds or animals, or in 
 any other manner violating the provisions of this 
 section relating to such shipment, shall, upon con- 
 viction, be sentenced to pay a penalty of one hundred 
 dollars for each offense. And any person failing to 
 comply with the requirements of this section in the 
 matter of returning to the Board of Game Commis- 
 sioners the tags so affixed, shall, upon conviction, be 
 sentenced to pay a penalty of ten dollars for each 
 offense : Provided, That no provision of this act re- 
 lating to license or tags shall be considered to apply 
 to persons who may raise small game to release within 
 the Commonwealth, or to be given away, or to either 
 large or small game sold alive to a representative of 
 the State, for propagating purposes within the Com- 
 monwealth, 
 
 Section 8. It shall be unlawful for any person to 
 wilfully or wantonly remove or mutilate or destroy 
 any tags or markers, so affixed to any crate or box or 
 animal in compliance with the requirements of this 
 act, at any time or at any place, except as designated 
 by this act, or by authority of the consignor or con- 
 signee of such game, or of some ojfficer of some court 
 of this Commonwealth, or of some Game Protector of 
 the Commonwealth. Any person violating this section 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 67 
 
 sliall. u 1)011 conviction tl-ereof. be sentenced to pay a 
 penalty of tifty dollats for each tag or marker wan- 
 tonly removed, mutilated, or destroyed. 
 
 Section 9. It shall be unlawful for any person to 
 wilfully use any such tag or marker, prescribed by 
 this act, for the purpose of protecting or carrying 
 game of any kind, taken or killed outside of licensed 
 preserves within this Commonwealth, or for the pur- 
 pose of protecting or carrying a second shipment of 
 game from any such licensed preserves within this 
 Commonwealth. Any person convicted of such offense 
 shall be sentenced to pay a penalty of one hundred 
 dollars for each tag used in violation of this section. 
 
 Section 10. It shall be unlawful for any person to 
 bring, or in any manner to have transported, into 
 this Commonwealth, from any other State or country, 
 any living specimen, or any egg thereof, of the bird 
 known as the European starling, or any other bird 
 or any living animal the importation of which is pro- 
 hibited by the Secretary of Agriculture of the United 
 States, under the provisions of any law of this Nation ; 
 or to release within this Commonwealth any fox, wild- 
 cat, mink, or weasel brought into this State from 
 another State or country, or reared in captivity. 
 
 It shall be unlawful to bring into or sell within 
 this Commonwealth living game of any kind, either 
 birds or animals, that have been imported from any 
 other State or Nation, or to release within the Com- 
 monwealth, for propagating purposes, imported game 
 of any kind, excepting under a certificate to be issued 
 from the Department of Agriculture of Pennsylvania, 
 after inspection by a representative of the Livestock 
 Sanitary Board of that Department, and quarantine 
 when necessary. 
 
 Whoever shall violate any provision of this section 
 sliall be sentenced to pay a penalty of fifty dollars 
 for each bird or Qfug or animal so imported or brought 
 into this State, or sold or released within the State, 
 contrary to this section. 
 
 Section 11. Excepting as provided in this act, no 
 person shall take, or have in posession or under con- 
 trol, either the nest, or any egg found therein, of any 
 wild bird, either game or otherwise, protected by the 
 law of this Commonwealth, or shall wantonly inter- 
 fere with or destroy any such nest or egg. Whoever 
 sliall offend against any provision of this section shall 
 be sentenced to pay a penalty of ten dollars for each 
 nest of a wild bird, other than a game-bird, either in- 
 
 renalty. 
 
 Unlawful 
 use of tag3. 
 
 Penalty. 
 
 Illegal im- 
 portations. 
 
 Bird or ani- 
 mals. 
 
 Unlawful re- 
 lease. 
 
 Unlawful im- 
 portation or 
 sale. 
 
 Inspection 
 and quaran- 
 tine. 
 
 Violations. 
 Penalty. 
 
 No.'its and 
 eggs. 
 
 Violations. 
 
 Penalty. 
 
(S^ GAME, FISH. AND FORESTRY LAWS. 
 
 torfored with or vvautoiily dostroyod ; and shall be se)i- 
 tcnccd to pay a penalty of fifty dollars for each nost 
 of a gamo-bird cither wantonly interfered with or d(>- 
 stroyed. 
 Wild hi Ills Section 12. It shall be nnlawful for any perosn, ex- 
 
 otiur tiiHii cept as provided for in this act, to at any time sliool" 
 •iiinif-binis ^t, or Wound, or take, or kill any wild bird otlier than 
 i.rtitecte<i. ^ game-bird, or to have such bird, either living oi- 
 
 Kjiiiiio dead, or part thereof, in possession, or to have any 
 
 woundiiii;. part of the plumage or skin thercoi" iu posessiou or 
 
 siiipimmt or under control for purposes of sale, or to offer or ex- 
 pusscssioii of. pQ^g (-j^g same for sale, or to transport or ship or 
 remove, or attempt to transport or ship or remove, 
 from this Commonwealth, for any purpose, such 
 bird, or any part of the plumage or skin thereof; or 
 to have in possession or under control for sale, or tcv 
 sell or to offer to sell, either living or dead, any wild 
 bird other than a game-bird, or any part of the plum- 
 age or skin thereof, of a kind found either in a wild 
 state in this Commonwealth or that may have been 
 brought into this Commonwealth from another State 
 or country, and which belong to the same family as 
 those found in a wild state in this Commonwealth. 
 
 Wlioever shall violate any provisions of this sectio?i 
 shall be liable to a penalty of ten dollars for each 
 wild bird other than a game-bird shot at, wounded, 
 or kilJed, or taken or had in possession, transported, 
 shipped, or removed, or attempted to be transported, 
 i',.i,)!iy. shipped, or removed, out of this Commonwealth, or 
 
 for any pait thereof, in any manner taken or held 
 for a purpose contrary to any proAision of this act: 
 such bird being of a kind found in a wild state in 
 this Commonwealth, and that is protected by the laws 
 of this Commonwealth ; and any person', acting either 
 for himself or as the agent or representative of 
 viniMtions. another, who shall sell or barter, or who shall attempt 
 to sell or barter, or who shall have in possession for 
 sale or barter, or who shall ship or remove, or cause 
 to be shipped or removed , out of this Commonwealth , 
 for sale or barter, a wild bird, other than a gamo- 
 bird. either living or dead, or the skin or the plumage 
 Penalty. or any part of such bird, or skin or plumage of a 
 
 kind belonging to the same family as those birds 
 found in a wild state in this Commonwealth, shall be 
 liable to a penalty of twenty dollars for each bird or 
 bird-skin or bii'd plumage, or any part thereof, sold. 
 
 Vidhtt ions. 
 
GAME, FISII, A\i) FORESTKY LAWS. 
 
 69 
 
 ottert'd for sale, had in posses.siou for sale, or iu any 
 manner removed out of this Commonwealth for sale, 
 contrary to this section : Provided, however, That the 
 blue jay, the En.q-lish sparrow, the European starling, 
 the kingfisher, the buzzard, tb.e goshawk, the sharp- 
 shined hawk, the Cooper's hawk, the red-tailed hawk, 
 the red-shouldered haAvk, the broad-winged hawk, the 
 marsh hawk, the rough-legged hawk, the duck-hawk, 
 the pigeon-hawk, the barred owl, the great gray owl, 
 the great-horned owl, the snowy owl, the hawk owl, 
 the raven, tlie crow, the blue heron, the green heron, 
 and the night heron may be killed in any manner at 
 any time ; and that nothing in this act is intended to 
 intei'fere with or prevent the possession of the tanned 
 or cured skin, or any part thereof, of any wild animal 
 or wild bird, either legally or accidentally killed, or 
 brought into this Commonwealth from any other State 
 or country, from which the same was legally imported 
 for purpose of study or exhibition, or for any other 
 inii'pose excepting that of sale. 
 
 Section 13. There sluiU bo no hunting for or shoot- 
 ing at or chas ag of game upon the first day of the 
 Mcek. commoiily called Sunday. Any person violating 
 tliis section slinll, upon conviction, be liable to a pen- 
 ary of twenty-liV'C dollars for each offense. 
 
 Section 14. As amended by the act of July 9th. 
 1019, P. L. 823. 
 
 Section 14. It shall be unlawful for any person, ex- 
 cepting as provided for in this act, to take or kill or 
 wound, or to attempt to take or kill or wound, or have 
 in possession eitlier living or de?d, any game-bird or 
 game-animal, or anv ]iart of such bird oi- animal, pro- 
 tected by this act. The open season for game-birds and' 
 animals shall be as follows: — 
 
 For the rufred-grouse, commonly calfcd pheasant. 
 \'irginia partridge, commonly called quail, ring-necked 
 l)hea!jants. Hunsiarian ((uail. the gray, black, and fox 
 snuirrel, from the twentieth day of October to the 
 thirtieth day of November. 
 
 For woodcock, from the first day of October to the 
 thirtieth day of November. 
 
 For the wild-turkcv, from the fifteenth day of No- 
 v(nnber to the thirtieth day of November. 
 
 For the wild rabbit and the hare, from the first day 
 of November to the fifteenth day of December. 
 
 For tlie raccoon, from the first day of September to 
 the thirty-first day of December. 
 
 Proviso. 
 
 Unprotected 
 birds. 
 
 Lawful pos- 
 session of 
 tanned or 
 cured skina. 
 
 Hunting, 
 sliooting, 
 etc., on Sun- 
 day pro- 
 hibited. 
 
 Taking, kill- 
 ing, etc., of 
 game-bird or 
 game ani- 
 mal. 
 
 Open season. 
 
 Ruffed 
 grouse. 
 Pheasant, 
 quail and 
 squirrel. 
 
 Woodcock. 
 
 Wild-tur- 
 key. 
 
 Rabbit and 
 hare. 
 
 Raccoon. 
 
70 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Bear. 
 Male deer. 
 
 Plover aad 
 blackbirds. 
 
 Rail, coot, 
 reed-bird, 
 sand-piper, 
 tatler, cur- 
 lew, snipe, 
 and shore 
 birds. 
 
 Wild -vrater- 
 fowl. 
 
 Proviso. 
 
 Red squirrel. 
 
 Gambel 
 quail. 
 
 Penalties. 
 
 Right to 
 kill Ring- 
 necked 
 pheasants 
 raised in 
 captivity. 
 
 Killing game 
 raised in 
 captivity. 
 
 Private pre- 
 serves. 
 
 For bear, from the fifteenth day of October to the 
 fifteenth day of December. 
 
 For male deer, with antlers extending not less than 
 two inches above tli ^ hair, from the first day of Decem- 
 ber to the fifteenth day of the same month. 
 
 For upland or grass plover, and the birds commonly 
 called blackbiiV.s, from the first day of August to the 
 thirtieth day gf November. 
 
 For the rail, coot, or mud-hen, reed-bird, sand-piper, 
 tattler, curlew, Wilson or jack-snipe, or any other 
 shore bird, excepting woodcock, from the first day of 
 September to the thirtieth day of November. 
 
 For all kinds of birds known as wild water- fowl, 
 from the sixteenth day of September to the thirty-first 
 day of January next following. 
 
 Provided, That the red squirrel may be killed at 
 any time of the year without regard to numbers, and 
 that the Gambel quail shall be accorded every protec- 
 tion, with the same open season, bag-limit et cetera, 
 given by the act of June seventh, one thousand nine 
 hundred and seventeen (Pamphlet Laws, five hundred 
 seventy-two) to the Virginia partridge, commonly 
 called quail. 
 
 Any person who shall violate any provisions of this 
 section shall be liable to a penalty of one hundred dol- 
 lars for each deer; and a penalty of fifty dollars for 
 each bear • and a penalty of twenty-five dollars for 
 each wild-turkey or ruifed grouse or quail or woodcock 
 or ring-necked pheasant ; and a penalty of ten dollars 
 for each rabbit or hare or squirred or raccoon or wild 
 water-fowl or shore-bird, other than a woodcock, or 
 plover or reed bird or blackbird, — killed or taken, or 
 attempted to be killed or taken, or had in possession, 
 at a time other than that fixed as the open season for 
 such animals and birds, or in any manner contrary to 
 this section : Provided, however, That ring-necied 
 pheasants raised strictly in captivify may be killed by 
 the owner of such birds upon lands such person may 
 own or control, without regard to numbers, during the 
 open season for ring-necked pheasants ; and that any 
 game-bird or animal raised strictly in captivity and 
 killed or captured within such place of confinement 
 without being firat released in the Commonwealth at 
 large, may be killed or captured at any season of the 
 year without regard to sex or numbers or age, and may 
 be sold or given away within the Commonwealth, 
 either alive or dead, under the rules and regulations of 
 the Board of Game Commissioners pertaining to the 
 
GAME, PISH, AND FORESTRY LAWS. 
 
 71 
 
 marking and tagging of game raised in licensed pre- 
 serves: Provided also, That those birds commonly 
 known as blackbirds may be killed by the owner or 
 lessee of lands, or by the legitimate employe of such 
 owner or lessee, when, upon the property under their 
 control, such birds may be destroying either the eggs 
 or the young of other birds, or growing crops or grain, 
 or cultivated fruit or berries ; and the Board of Game 
 Commissioners shall have authority to direct the kill- 
 ing of those birds commonly called blackbirds when 
 satisfied that such birds have from any cause become a 
 nuisance in the section wherein they may be located. 
 
 Section 15. As amended by the act of July 9th, 
 1919, P. L. 823. 
 
 Section 15. It shall be unlawful for any person to 
 kill in one day more than one wild-turkey, or more 
 than four ruffed-grouse, or more than eight Virginia 
 partridges, commonly called quail, or more than six 
 woodcock or more than four ring-necked pheasants, or 
 more than four Hungarian quail, or more- than six 
 squirrels of the combined kinds of fox, black, or gray, 
 or either of them, or more than ten wild rabbits, or 
 more than three hares : or to kill in any one season 
 more than one wild-turkey, or more than twenty-four 
 ruffed-grouse, or more than twenty-five Virginia part- 
 ridges, commonly called quail, or more than twenty 
 woodcock, or more than ten ring-necked pheasants, or 
 more than ten Hungarian quail, or more than twenty 
 of the combined kinds of squirrels of fox, black, or 
 gray, or either of them, or more than forty wild rab- 
 bits or more than fifteen hares, or more than one bear, 
 or more than one deer, which in every instance shall 
 be a male deer with antlers not less than two inches 
 above the hair; and it shall be unlawful for any per- 
 son at any time to attempt, by standing on watch 
 or otherwise, to kill a second male deer in one season ; 
 and it shall be unlawful for any person at any time 
 to shoot at or wound or kill, or to attempt to wound 
 or kill, or have in possession, a female deer or an elk 
 or any fawn found in a wild state in this Common- 
 wealth, except as otherwise provided by the laws of 
 this Commonwealth relating to the taking of game- 
 animals, and game-birds under authority of a certifi- 
 cate issued bv the Board of Game Commissioners. Any 
 person taking or wounding or killing, or attempting 
 to take, kill, or wound, any animal or bird protected 
 by this act, or in excess of the number permitted by 
 this act, or in any manner violate any provision of 
 
 Proviso. 
 
 Blackbirds, 
 lawful kill- 
 ing of any 
 time. 
 
 Limitation as 
 number. 
 
 Day. 
 
 Season. 
 
 Second deer. 
 
 Unlawful to 
 shoot at a 
 female deer, 
 an elk, or 
 fawn. 
 
 Penalty. 
 
72 
 
 GAME, PlSn, AND FORESTRY LAWS. 
 
 Use or c'On 
 cealiiioiit <>t 
 same legraliy 
 taken. 
 
 Ui«iit tjf of 
 licers to kill 
 «auift under 
 certain cnn- 
 'J it ions. 
 
 I'rovisd. 
 
 Opeuiii); 
 county t o 
 killing of 
 l>ears when 
 destmotivo. 
 
 this section, — shall, upon conviction, be liabU- to a 
 penalty of two hundred dollars and six months impris- 
 onment for each elk, and one hundred dollars for each 
 deer, and fifty dollars for each bear, and twenty-five 
 dollars for each wild-turkey, or ruffed grouse, or quail, 
 or woodcock, or ring-necked pheasant, and ten dollars 
 for each rabbit or hare or squirrel, so taken, wounded, 
 killed, or attempted to be taken, wounded, or killed or 
 had in possesion, contrary to the provisions of this 
 section. 
 
 Every person mIio knowingly uses game that has 
 been illegally killed or taken, or who knowingly aids 
 or assists in the concealment of game illegally killed, 
 or \vlu> kuowlngy has game in possession that has 
 U"('ii illegtilly killed or taken with intent to us*- or 
 shall be liable to tlu^ full ytcnnlty ini- 
 for i!i(> killinu" of such iiame contrarv 
 
 pro\<ii to the satisfaction of the Txijird 
 
 or deer oi" 
 
 destroying 
 
 in any see- 
 
 coiiceiu ^:a!n(', 
 pos'.'d by law 
 to law. 
 
 When it is 
 »>'" (Jame. (\)nirnission('is that either a beat 
 elk or i-abbils oi- other game is excessively 
 ))roperty and thereby becoming a nuisance 
 tion of the State, the said Board shall have jnithority 
 to at any time renioxc or to have removed said animals 
 from that n(>ighborhood, or to lla^•e the sar^e killed. 
 .-.s the case may recinin*. 
 
 Pl•o^ idcd also. That vipon ?-('cei)it ol' a petition from 
 ;iny county containing tin* signatures of not less than 
 two hundred citizens of that county, declaring that 
 bears have become a nnisanc{> in that section, setting 
 forth in what mann<'r such animals are a nuisance, and 
 such (tther writing or evi<lence as the i>etitioners may 
 deem it advisable to file, the said l>oar(l, if uj>on inves- 
 tigation is satisfied the conditions in th.-it county war- 
 rant such action, may declare such <*otinty o])<mi t(» the 
 killin!"- of bear, at tiny time of the year, in any number, 
 and by any nieth«Kl. exci^pt stiM^l traps and <|eadf:dls. 
 by .any resident citizen of tlu^ United States, eith<>r 
 licensed or unlicensed. To either open a county to the 
 killing of bear, as herein i)rovided for. or to revoke 
 such declaration, a i)roj)er notice to tluit effect shall 
 be iniblished by said BoaJ-d in not less than three news- 
 ltai)ers of general circulation in the county atf'cted, if 
 thcj-e be that main' i)ublished in the county, (»ne time 
 each w(M>k for three consecutive weeks, setting forth 
 the date such action bi^conn^s etfecti\e. l>e.'irs killed 
 
GAMK. I'M SI i. AM) IX)11ESTHY LAWS. 73 
 
 under the provisions of such special declaration may be 
 consumed or disposed of in any manner by the person 
 killing same. 
 
 Section 10. It shall be unlawful to hunt for, or to isisin 
 eati'h or to kill, or to attempt to catch or kill, any inmtin<: 
 of the game-birds or any of the game-animals jiro- 
 tected bv the laws of this Commonwealth, between 
 sunset of one day and sunrise of the day following; 
 or to take or kill oi- wound, or to attempt to take or 
 kill or wouml, game of any kind except thnmgli the KijiinKox 
 us)^ of a gun, such as is usually raised at arm's cepi ^viiii 
 length and fired from the sli<»ul(!rr, or through the »^"' 
 use of a pistol other than an automatic pistol or a 
 i-evoh<M-. sucli is usually held in tlu> hand and fired 
 at aiin\s length ; and no person, except as provided 
 for by this act, shall at any time set, lay, or prei)aie 
 for use, or use any trap, snare, net, bird-lime, swivel- rp,.,^ ^ 
 gun. the apparatus known as a silencer, deer-lick, ^^^1,'^^ ,.,(. 
 pit-fall, turkey blind, turkey call, or turkey pen, for 
 th<* purpose of catching or taking or Icilling game of 
 .•my kind; or shall shoot at or take or kill, or attempt ^^^ ^^ 
 to shoot or take or kill, game-birds, or animals torvehipi'* 
 of any kind from an automobile, or >ehicles of any 
 kind proi)elled by any mechanical power: or shall I^JRiits, luit 
 make use of or take advantage of any artificial light, ^erx-.s, ot< 
 battery, or other contrivance or device, except the 
 before-mentioned gun, with intent to catch, take or 
 injure, or kill any of the game-animals or game birds 
 found in this Commonwealth, — excepting that rac- Ra(< cions ii, 
 coons may be hunted for and be killed at any time, any inann«i 
 either day or night, during the open season, Sunday 
 excepted, for sucli animals, and may be killed or cap- 
 tured in any manner that to the hunter may seem 
 best, and may be retained in captivity, or sold dead 
 or alive at any time, either within or outside the 
 Commonwealth, if taken during the open season ; and 
 that decoys in numbers as provided for in this act, Dc( ..\:^ .md 
 :ind blinds, may be used in hunting wild water-fowls; l^iin«is 
 and that residents under the age of fourteen years 
 may take rabbits through the use of box-traps during Box traps f..r 
 the open season, upon the lands whereon such per- raiibiis, 
 sons reside. 
 
 Any person violating any provision of this section yi,,i iti.m- 
 shall upon conviction, be liable to a penalty of two 
 hundred dollars and six months' imprisonment for 
 each elk, and a penalty of one hundred dollars for 
 caeh deer, and fifty dollars for each bear, and ten 
 doU.us for each rabbit or hare or srpiirrel, and twenty- Pcniiitios. 
 
74 GAME, FISH, AND FORESTRY LAWS. 
 
 five dollars for each game-bird, taken, killed or 
 wounded, or attempted to be taken, killed or wounded, 
 Racco.nis HiKi contrary to this section : Provided, That as a protec- 
 rabbits may tion to growing crops, vegf'tables, and fruit trees. 
 he kiiiwi as raccoons and rabbits may be killed by the owner or 
 ^ P^".*^^'^'*^'," lessee of lands, or by the employe of such owner or 
 crops, '^^^i"" lessee, upon which lands such animals may be com- 
 mitting depredations, at any time and in such manner 
 as may be best suited to secure the desired end : Pro- 
 Size of vided also. That it shall be lawful to use steel traps, 
 steel traps not to exceed in size a standard No. 3, for the pur- 
 t-'kin*"^^ v!" - I-*^'^*^ ^^ taking wildcats, and other wild animals classed 
 „^i„ " ' as vermin, so long as such traps are not set where 
 rabbits and other protected game may be caught in 
 such traps. 
 
 Section 17. It shall be unlawful to hunt for or pur- 
 
 wiici water- ^^^^f ^^ ^o follow after, with intent to kill, any wild 
 
 fowl. water-fowl from or with, or through the use of, any 
 
 craft propelled by any means other than oars, pole, 
 
 Unlawful ^^ hand-paddle. Any person using a craft or boat for 
 
 use of water such purpose, othcr than one propelled by oars, pole, 
 
 craft. or hand-paddle, or the captain or owner, or other 
 
 person in charge of such boat or craft, who shall allow 
 
 pj,,j.,[j^. or knowingly permit tie same to be used contrary to 
 
 this section, while he is on board, shaU be liable to 
 
 the penalties herein imposed. 
 
 It shall be unlawful for any person, or for any num- 
 ber of persons, acting together, to place in any of the 
 waters of this Commonwealth, for the purpose of 
 attracting wild water-fowl of any description, more 
 D(,(.„ys than twenty specimens of artificially prepared wooden 
 
 ducks, or ducks of any character, commonly used as 
 decoys or to shoot over or attempt to control more 
 Linntatioii of than twenty such decoys, so placed as to cover not 
 number, etc. exceeding one-fourth of a mile, upon any stream or 
 
 lake. 
 Violations. Any person who shall violate any provisions of this 
 
 section shall be sentenced to pay a penalty of fifty dol- 
 Fenaity. lars per day for each day on which any forbidden craft 
 
 or boat may be used to hunt or pursue, or to follow 
 after, with intent to kill, wild water-fowl ; and ten 
 dollars for each decoy, or other contrivance or device, 
 set, placed, or controlled contrary to the provisions of 
 law. 
 
 Section 18. Except as otherwise provided for by 
 this act, it shall be unlawful for any person to hunt 
 for or catch or kill, or cause or permit thehunting 
 of, hare or rabbits, with or through the use of a 
 
GAME, FISH, AND FORESTRY LAWS. 75 
 
 ferret, under a penalty of twenty-five dollars for each Hare or rab- 
 ferret so used, and ten dollars for each rabbit or bits not to 
 hare taken through the use of or by the aid of a ^f.^^JI*"". 
 ferret. And the fact that any person shall place a ot"fenet"'^^ 
 ferret in any hole or opening in the ground or stone 
 wall or log, outside of buildings, in which a rabbit Penally. 
 might be found, or shall be caught in the act of using 
 a ferret in the taking of hare or rabbits ; or shall 
 have a ferret in possession or under control, in either nosses- 
 
 the fields or forests or in any vehicle upon the high- ^^^l ^^ pon. 
 ways, or on railroad cars ; or shall be proven to troi oi ftr- 
 have used or have been possessed of a ferret while lets. 
 hunting ; or shall while going hunting or while re- 
 turing from such a hunt, have a ferret either in pos- 
 session or under control, shall render such person liable Penalty. 
 to the penalty of twenty-five dollars for each ferret 
 had in possession or under control at any time. 
 
 Any ferret found, running at large, or found in 
 the posesssion or unler the control of a person not 
 possessed of a ferret license, or of a person convicted 
 of violating any provision of this act, shall be forfeited p(,j.f^,i|^„.e 
 to the Commonwealth, and shall be immediately killed 
 by the officer or citizen into Avhose hands such animal 
 may come. 
 
 Section 19. It shall be unlawful for any person to 
 kill or wound or capture, or to attempt to kill or 
 wound or capture, any wapiti or elk found in a wild Wapiti or 
 state in this Commonwealth ; or to have such wapiti or elk. 
 oik, or any part thereof, in possession before the first 
 day of December, one thousand nine hundred and 
 twenty-one. That after the thirtieth day of November, close season 
 one thousand nine hundred and twenty-one, unless 
 otherwise provided, there shall be annually an open 
 season for wapiti or elk, which open season shall cor- open 'jea.son 
 respond with the open season for deer at that time; 
 during which open season of each year, Sundays ex- 
 cepted, it shall be lawful for any person in this Com- 
 monwealth to kill, through the method known as still- stiii-htintin"' 
 hunting only, one wild wapiti or elk, which in all in- 
 stances shall be a male waniti or elk, with antlers, 
 commonly called horns, wnth not less than four points 
 to one antler. 
 
 Any person violating any provision of this section peHalty. 
 sliall be liable to a penalty of two hundred dollars, 
 and six montlis' imprisonment, for each offense. 
 
7(; 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Doer or elk. 
 Possession or 
 
 (■(lUil'Ol. 
 
 rriuui liicie 
 (videiK'e. 
 
 I'tiijilty. 
 
 I'llKlUftiOU 
 
 <4' iK'art. 
 
 Ollicial in- 
 vf^stiffation. 
 
 Adiiiiiiislra- 
 ti>>ii of Oiiihs. 
 
 Possession of 
 sranie prima 
 farie evi- 
 dence. 
 
 Ont'a of per- 
 son having 
 iiaine in pos- 
 session. 
 
 Forfoitnie on 
 I'iiiUire or re- 
 fusal to an- 
 swer qnes- 
 tions. 
 
 f"aii)|.>s anil 
 
 lumting' 
 
 liarties. 
 
 Limitation 
 of game. 
 
 Section 20. The possession or control of a door or 
 elk, or of any portion of either of snch animals, shall, 
 unless the head, bearing antlers extending at least two 
 inches above the hair, in the case of a deer, and in 
 the case of an elk not less than four points to one 
 antler, be attached in a natural way, in all instances, 
 be prima facie evidence that such animal was killed 
 unlawfully in this Commonwealth ; and shall render 
 each person in whose possession or under whose con- 
 trol the same may be found, or wdio may be provoi 
 to have had such animal or part thereof in possessir»ii 
 or under control, liable to the full penalty now im- 
 posed by law for the unlawful killing of elk or deer, 
 as the case may be, unless snch person shall im- 
 mediately, upon demand made by an officer of the 
 Commonwealth whose duty it is to protect the game 
 and wild birds, produce the head bearing antlers of 
 legal length, or shall swear that the flesh in question, 
 found in his possession or proven to have been under 
 his control, is a part of a deer or elk legally killed in 
 the Commonwealth, both or either, as in the mind 
 of the ofiicer investigating may be considered neces- 
 sary ; and the officer investigating a case of this char- 
 acter, or any other violation of the game-laws, is 
 hereby authorized to administer oaths relative to sucli 
 matter ; and where game of any kind is found in a 
 camn. or in possession or under control of an indi- 
 vidual or hunting party, such possession shall be con- 
 sidered prima facie evidence that the same was taken 
 illegally, unless the person or persons in charge or in 
 control of such game shall answer satisfactorily im- 
 mediately, under oath if required, such pertinent ques- 
 tions relating to the taking- or ownership or posses- 
 tion of same as may be considered necessary by tlie 
 officer investigating ; and in every case w^here sucli 
 person or persons, in possession or in c-jutrol of such 
 game, refuse to so answ^er such questions, the gj<me 
 thus found in possession or under control is hereby 
 declared forfeited to the Commonwealth, and such 
 officer is directed to take charge of and dispose of 
 same as provided by law relative to game seized in this 
 Commonwealth. 
 
 Section 21. It shall be unlawful for any body of 
 men, either camping together or hunting in unison, to 
 kill or be possessed of more than six male deer, or 
 more than one elk, or more than three bear, killed 
 under the provisions of existing law. in a wild state. 
 in any part of this Commonwealth, in one season. 
 
GAME, FIvSH, AND FORESTRY LAWS. 
 
 77 
 
 Every person in a camp, or who may join with 
 others in hunting for deer or elk or bear in this Com- 
 monwealth, shall be liable to the penalty now imposed 
 by law for the unlawful killing of deer or elk or bear, 
 that may be killed by any member of their party in 
 excess of the before-mentioned numbers, after the day 
 upon which the number of deer or elk or bear, as fixed 
 by this section for camps, has been legally taken. 
 
 Section 22. Nothing in this act shall be so con- 
 trued as to prevent any person, actually residing 
 upon and cultivating lauds within this Commonwealth, 
 from killing any deer, regardless of sex or age, which 
 lie may find actually engaged in the destruction of any 
 fruit trees or crops on said lands. 
 
 Section 23. It shall be unlawful for any person, at 
 any time, to shoot at, or to kill, wound ,or capture, 
 or attempt to kill, wound, or capture, either an elk 
 or a deer in the waters of any of the streams, ponds, 
 or lakes ; or for any person to make use of a dog in 
 hunting deer or elk or wild turkeys ; and the fact that 
 a dog of any description shall be taken into the woods, 
 or shall be had in possession or under control in the 
 woods, or shall be cared for or harbored, or permitted 
 to remain with any individual or h\ tlio camp of any 
 person or persons, shall render each person in whose 
 care or under whose control the dog may be outside 
 of the camp, and each person in said camp, liable to 
 the full penalty prescribed by law for the unlawful 
 taking or killing of deer or elk, or wild-turkey, as the 
 case may be ; upon proof, duly sworn to, that tlie dog 
 so taken into the woods, or had in possession, or under 
 control, or harbored, cared for or permitted to re- 
 main with any person or in the camp of any person 
 or persons, did. within a radius of ten miles from said 
 camp or from the point wherein a dog may be taken by 
 any individual, run after, pursue, or follow upon the 
 track of any deer or fawn or elk for a distance of 
 one-half mile, or did pursue or scatter wild-turkeys. 
 
 Section 24. It shall be unlawful for any person to 
 make use of what are known as buckshot in hunting 
 for or shooting at either elk or deer ; or to kill or to 
 attempt to kill any deer or elk by or with or through 
 the use of a gun propelling or emitting more than 
 one pellet, bullet, or ball, at such deer or elk, through 
 a single discharge : or to take an elk in anv manner 
 except through the method known as still-hunting. 
 Any person violating any provision of this section shall 
 
 Liability to 
 penalty. 
 
 Killiiij: uf 
 deer destioy- 
 ing crops, 
 etc. 
 
 Elk or fleer 
 in strciims, 
 ponds or 
 lakes. 
 
 LiaViility of 
 those takinj; 
 dogs in till' 
 woods or to 
 camps. 
 
 Penalty. 
 Erideiice. 
 
 Unlawful use 
 of buckshot. 
 
 Elk or doer. 
 
 Guns. 
 
 Still-lnniting. 
 "Violations. 
 
78 GAME, FISH, AND FORESTRY LAWS. 
 
 iviiaity. be subject to the penalties provided by this act for the 
 
 unlawful taking or killing of deer or elk, as the case 
 may be, during the closed season. 
 Do«s piusu- Section 25. Any dog pursuing or following upon the 
 in/ huge track of a deer or elk or fawn is hereby declared to 
 
 garae. " be a public nuisance. Such dog may be killed by any 
 
 Public nui- person when seen pursuing or following upon the 
 sanco. track of an elk or a deer or a fawn ; or by a game- 
 
 protector, deputy game-protector, game-warden, for- 
 Kiiiing (if estry-warden, or any other officer of the State whose 
 (log. " duty it is to protect any of the game of the State, upon 
 
 affidavit being made by one or more persons acquainted 
 Affidavit. with the facts that said dog is in the habit of, or has 
 
 been seen or heard, running upon the track of or pur- 
 suing any elk or deer or fawn w-ithin a period of two 
 Liabiiit.v of years from the date of such affidavit. The owner or 
 invner, et ai. person harboring or in control of a dog, either killed 
 in conformity with the law or pi-oven to have pursued 
 a deer or an elk for the distance of one-half mile or 
 more, shall be liable to a penalty of fifty dollars for 
 Pursuit of each elk pursued, and one hundred dollars for each elk 
 elk or deer. killed or caused to be killed, by such dog running at 
 large, without the aid or direction of its master; and 
 Penalty ^® ^ penalty of twenty-five dollars for each deer or 
 
 fawn pursued, and fifty dollars for each deer or fawn 
 killed or caused to be killed, by such dog running at 
 large, without the aid or direction of its master. 
 iiai)iiitv of Where the owner or person harboring or in control 
 
 own»r, et al. of a dog shall neglect or refuse to take such action as 
 may be necessary to prevent such dog from running 
 Notice in elk or deer, after notice in writing from an officer of 
 wiitins. the State, whose duty it 'is to protect the game of the 
 
 State, to the effect that the dog in question is in the 
 Double pen- habit of pursuing deer or elk. shall be liable to double 
 aity. the amount as fixed before for the first offense ; such 
 
 penalty to be recovered as are other penalties in- 
 posed by this act. 
 Doos puisu- Section 26. Any dog pursuing or following upon 
 inff' simiii the track of any game-quadruped, such as hare or rab- 
 ganie. bits, and known as small game, or following upon the 
 
 track of any game-bird or other wild bird protected by 
 Close season existing law, during what is known as the close sea- 
 son for such animal or bird, is hereby declared to be 
 Public nui- a public nuisance ; and may be killed by the owner or 
 i^'fnt'p- lessee of land whereon it is found, or by an employe 
 
 Kiir "• f ^^ such owner or lessee, or by a game-protector, dep- 
 d^oV""^ " ^ty game-protector, game-warden, forestry- warden, or 
 any other officer of the Commonwealth whose duty it 
 
GAME, PISH, AND FORESTRY LAWS. 
 
 79 
 
 is \o protect the game or wild birds, unless such dog 
 shall wear a collar having attached thereto a metallic 
 tag or plate upon which shall be plainly inscribed, in 
 English, the name and address of the owner of such 
 dog ; and any dog thus wearing a Collar, inscribed as 
 before-mentioned, pursuing small game during what 
 is known as the close season for such game or wild 
 birds, may be killed by the owner or lessee of any 
 land upon which such dog may be found, or by any 
 employe of either the owner or lessee, or by a game- 
 protector, deputy game-protector, game-warden, for- 
 estry-warden, or any officer of the State whose duty it 
 is to protect the game of the State, when such dog is 
 seen upon the track of such game, after notice in writ- 
 ing from that particular person, or from the Secre- 
 tary of the Game Commission, has been given to the 
 owner or reputed owner, or person in control of such 
 dog, to the effect that the dog in question is in the 
 habit of destroying, or pursuing or following upon the 
 track of, game or wild birds, contrary to this section. 
 
 Any person who shall either knowingly or negligently 
 permit his dog or a dog under his control to pursue 
 small game during the close season, off land he may 
 '^>wn or control, after notice as before stated, shall be 
 liable to a penalty of ten dollars for each day small 
 game may be pursued in violation of this section, and 
 to an additional penalty of five dollars for each game- 
 bird or rabbit killed by such dog pursuing game with- 
 out the aid or direction of its master: Provided, That 
 dogs, when accompanied by and under control of their 
 masters, may be trained upon any of the living wild- 
 game or birds in this State, excepting elk and deer 
 and fawn or wild turkeys, from the first day of Sep- 
 tember to the first day of March next following, so 
 long as no injury is inflicted upon said animals or 
 birds. 
 
 Section 27. Except as otherwise provided by this 
 act, it shall be unlawful for any person, at any time, 
 to knowingly buy or sell or barter, or expose for sale 
 or barter, or have in possession for sale or barter, an 
 elk or a deer, or wild rabbit or hare or gray or 
 black or fox squirrel, or any ring-necked pheasant or 
 Hungarian quail, or any part of either of such ani- 
 mals or birds, that has been killed, taken, or cap- 
 tured in a wild state in this Commonwealth ; or to 
 buy or sell or barter, or attempt to buy, sell or bar- 
 ter, or have in possession for sale or barter, any ruffed 
 
 Coihir and 
 name-plate. 
 
 Notice in 
 writing. 
 
 LiaDility of 
 owner, et al. 
 
 Penalty. 
 
 ProvLso. 
 
 Training ot 
 dogs. 
 
 Selling, off- 
 ering for 
 sale, etc.. of 
 game-birds 
 and game- 
 animals. 
 
80 GAME, FISH, AND FORESTRY LAWS. 
 
 *»» 
 
 jrouse, commouly called pheasant, or any wild-tur- 
 key, or any woodcock, or any quail, commonly called 
 Virginia partridge, that shall have been killed or caj)- 
 tured in a wild state, either within or outside the 
 boundaries of this Commonwealth ; and no person 
 Saif of shall sell or barter, or offer to sell or barter, or have 
 
 wiifi water- in possession for sale (ir barter, any wild duck or any 
 ''<'"'• wild goose, or any other bird of the kind commonly 
 
 known as wild water-f(»wl, that has been either killed, 
 taken, or captured in a wild state in this Common- 
 wealth, or that may have been brought into this 
 Commonwealth between tlie first day of January and 
 the first day of S"i»teniber of each year. 
 \'ioiat!<ii'.s. Any pers(m who shall violate any provision of this 
 
 section relative to the purchase or sale or barter of 
 ink or .leer. ^^^ '^^' ^^ ^^^^^' shall be liable to a penalty of two hun- 
 dred dollars for each elk, or part thereof, bought or 
 sold, or had in possession for sale, or bartered for. 
 Penalty. and one hundred dollars for each deer, or part there- 
 
 of, bought, sold, or had in posssession for sale, or 
 bartered for. and any person who shall violate any 
 provisions of this section relative to the purchase or 
 Rabbits, ^^^^ <^i' barter of rabbits or hares or squirrels shall b«' 
 
 liar 's. sqiiir- liable to a penalty of ten dollars for each animal 
 'p's- bought, sold, or had in possession for sale, or bar- 
 
 tered for. 
 Violations. Any person who shall violate any provision of this 
 
 section relative to the purchase or sale or barter of 
 Uuffed- ruffed grouse or of wild-turk'^y or of woodcock or of 
 
 f™,!^'. ^^'''^' quail or ring-neck pheasants shall be liable to a pen- 
 woortrock. '-^^^y of tweuty-fivc dollars for each bird, or part there- 
 
 phpasaiit. of, bought or sold, or had in possession for sale, or 
 
 'itiaii. bartered for, or in any way had in possession or 
 
 Ppnait.v. handled, contrary to this section. 
 
 .,. ^.^.|,,,j.. Any person in any way violating this section rela- 
 fowi. ^ ' ^^"ve to the sale or attempt to selF wild water-fowl 
 
 shall be liable to a penalty of ten dollars for each 
 ''f'"'ii'^ bird in any way handled contrary to this section: 
 
 P^.^j^.jj^^, Providing, That nothing in this section shall be con- 
 
 strued to prevent the purchase or sale, or introduc- 
 Eik or iUm r. tion into this State, at any time, of either elk or deer, 
 or rabbits or squirrels, oi- birds alive, for propagating 
 purposes, that have been inspected and legally passed 
 Propiisatin? by R representative of the Livestock Sanitary Board 
 purposes. of the Department of Agriculture, as before provided 
 
 for in this act: or to prevent, at any time, tho sale 
 within tlie State, or the shipment out of the Stat(\ of 
 
 Birds. 
 
GAME, FISH. AND FORESTRY LAWS. 
 
 81 
 
 Belgian or Gorman liarc, or of any other animal 
 raised in captivity but not found in a wild state in 
 this Commonwealth, without a license of any kind : 
 
 Provided also. That nothing in this act is intended 
 to ijrevent the sale of game killed in a wild state dur- 
 ing the open season for Much game, and for thirty 
 ilays thereafter, that is of a kind the sale of which is 
 not specifically forbidden or limited by the provisions 
 of this act. 
 
 Section 28. Except as otherwise provided by this 
 act, it shall be unlawful for any person to have in his 
 possession, excepting during the open season therefor 
 and for thirty days thereafter, any rufP'^d-grouse, com- 
 monly called phoasant. any English. ^l<»nogolian. or 
 Chinese pheasants, any quail, commonly called Vir- 
 ginia partridge, any wild-turkey, any woodcock, any 
 Hungarian quail, or any elk. or deer, or bear, or 
 hare, or rabbit, or squirrel, or any other game-bird 
 or game-quadrup((l protected by this act, or parts 
 thereof, which shall jiave been caught, killed, or taken 
 in a wild state witl)in this Commonwealth. Any per- 
 son violating any provision of this section shall be 
 liable to a penalty of one hundred dollars for each elk, 
 ;ind fifty dollars for each deer, and twenty-five dollars 
 for each bear, and ten dollars for each game-l)ird of 
 any kind, and five dollars for each hare or rabbit, or 
 gray or black or fox squirrel, or for any part there- 
 of, which shall have been lawfully taken or killed in 
 a wild state witliin this Commonwealth, and unlaw- 
 fully held contrary to the provisions of this section. 
 
 Section 29. The possession by any person, except 
 as provided for in this act, of a living or dead bird 
 or animal of any kind protected by this act, or the 
 possession of any part thereof, or of the egg; or nest 
 of any such bird, or of parts thereof, shall be prima 
 facie evidence that the same was taken or held con- 
 trary to the provisions of law ; and shall render each 
 person in whose possession or under whose control 
 the same shall have been found liable to the penalties 
 imposed for violation of that provision of this act fix- 
 ing a penalty for the killing of such bird or animal 
 out of season, or of that provision fixing penalties for 
 interfering with birds' nests, as the case may require. 
 
 Belgian 
 liares. 
 
 I'roviso. 
 
 La\vful s 
 of ganif. 
 
 Uulaulul 
 posnes.sion 
 of ganie-biid? 
 and ganif 
 animals. 
 
 ■\'iolationi- 
 
 Penalties;. 
 
 Unlawful 
 possession. 
 
 Birds or ani- 
 mals. 
 
 EgBfs or 
 nests. 
 
 Prima Fucic 
 evidence. 
 
 Penalty. 
 
 6 
 
82 
 
 GAINIE, FISH, AND FORESTRY LAWS. 
 
 Luwlul tvap- 
 ;)ins of quail 
 and ring- 
 uo("U pheas- 
 ;ints. 
 
 Transporta- 
 tion. 
 
 Hunting-, for 
 ^^ages or 
 hire. 
 
 (Juirles. 
 
 Einploj-er. 
 
 Violations. 
 I'oiialty. 
 
 Hniplojcr. 
 
 I'onulty. 
 
 Shipment of 
 sranie within 
 the State. 
 Shipment of 
 game of all 
 kinds by par- 
 rel post ab- 
 sol'.itel.v pro- 
 hibited. 
 
 Sliipment 
 f.therwise. 
 
 Section 30. It shall be lawful to trap quail, com- 
 monly called Virginia partridge, or Hungarian quail, 
 or ring-neck pheasant from the first day of December 
 to the first day of April next following, for the pur- 
 pose of keeping them aliv^ during the winter, or for 
 the purpose of separating a convey to increase the 
 chances of propagation, but for no other purpose 
 whatever ; and neither quail nor pheasants thus taken 
 shall be transported from one locality to anoth'er lo- 
 cality in this State, excptiug by written permission 
 of the President of the Board of Game Commis- 
 .sioners. All birds thus taken shall be liberated in 
 the spring as soon as the weather will permit. 
 
 Section 31. It shall be unlawful for any person to 
 kill game of any description for wages or hire, or in 
 evasion of this provision ; and, to that end, it shall be 
 unlawful for any person acting as a guide to deliver, 
 or in any manner cause to be delivered, to the benefit 
 of his employer or the person he may be guiding, 
 game of any description killed by him in this Com- 
 monwealth ; or for the employer of any employe, act- 
 ing in the capacity of a guide, to receive game of any 
 description killed by such employe or guide while in 
 his employ. Any person who, acting as a guide or 
 employe, shall violate this section, shall be liable to a 
 penalty of two hundred dollars and six months' im- 
 prisonment for each elk, and one hundred dollai*s for 
 each deer, and twenty-five dollars for each game-bird, 
 and ten dollars for each rabbit or hare or squirrel, 
 h(! may kill and apply to the benefit of his employer; 
 and each employer accepting game of any description, 
 killed by a person in his employ as a guide, shall be 
 liable to a penalty of two hundred dollars and six 
 nmnths' imprisonment for each elk, and one hundred 
 dollars for each deer, and twenty-five dollars for each 
 game-bird, and ten dollars for each rabbit or hare or 
 squirrel, he may thus receive. 
 
 Section 32. It shall be unlawful for any person to 
 ship game of any description, or any part thereof,, 
 killed in a wild state in this Commonwealth, by parcel 
 post ; and it shall be unlawful to ship or transport by 
 express or as freight or baggage, or by common car- 
 rier of any description or by automobile or vehicle of 
 any kind, any bird or animal, or part thereof, of the 
 kind commonly known as small game, killed in a 
 wild state in this Commonwealth ; or for any common 
 carrier to transport small game of any kind, from one 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 83 
 
 point to another point in this Commonwealth, unless 
 such small game is accompanied by the owner thereof, 
 or is carried upon the same train or automobile or 
 vehicle with such owner ; and, where such game is of 
 a kind commonly known as small game, the same 
 shall be carried upon the person, in the liunting-coat 
 or game-bag, or openly as hand-baggage, without 
 cover, in such manner as to be easily seen and in- 
 spected ; or, when carried in baggage or boxed for 
 shipment, each package or box or receptacle of any 
 description containing game shall have attached 
 thereto a card or marker bearing in English the name 
 of- the person owing same, with the place of his resi- 
 dence, the name of the county wherein such game was 
 killed, and the number of each species of small game- 
 birds or animals contained in said package. 
 
 Where game of the kind commonly known as large 
 game is shipped, the carcass shall in all instances have 
 attached a card or marker, bearing the name and 
 address of the owner, with the name of the county 
 wherein same was killed. 
 
 Where large game is cut up for shipment, each di- 
 vision thereof shipped uncovered, and each package 
 of every description containing any part of such 
 game, shall have attached a card or marker, bearing 
 in English tlie name of the owner of such game, with 
 Ins home address, and the character of the contents 
 of such package, so that such contents may be de- 
 termined by an outside inspection of such package : 
 Provided, That no provision of this act relative to the 
 shipment of parts of game within the Commonwealth 
 shall apply to the shipment of that part of either a 
 bird or animal, either legally or accidentally killed, 
 that the holder thereof may desire to preserve as a 
 trophy or as a specimen, and sliall send to a taxi- 
 dermist within the Commonwealth for tanning or 
 mounting, when the package is properly marked 
 showing the contents thereof. 
 
 Any person who shall transport or attempt to trans- 
 port a game-animal or game-bird of any description, 
 or part thereof, contrary^ to any provision of this sec- 
 tion, shall be liable to a penalty equal in amount to 
 the penalty imposed by this act for the killing of such 
 animal or bird during the close season ; and every 
 person, acting for himself or for another, or as the 
 agent of a common carrier, who shall knowingly or 
 
 Conmiou car- 
 riers. 
 
 Accompanied 
 by owner. 
 
 Small game. 
 Tagging. 
 
 Large game. 
 Marker. 
 
 When cut up 
 for sliipnient 
 
 Markoi'. 
 
 ProA'isd. 
 
 Trophy or 
 specimen. 
 
 Tran.sporta- 
 tion. 
 
 Violation. 
 Penalty. 
 
84 
 
 GAME, FISH, AND FORESTRY DAWS. 
 
 Penalty. 
 
 Shipment or 
 removal of 
 game from 
 the State. 
 
 CoTiiiiHin car- 
 riers, etc. 
 
 Violation. 
 Penalty. 
 
 Proviso. 
 
 Game in 
 transit. 
 
 Game carried 
 out of State 
 to reach 
 destination 
 within the 
 State. 
 
 Proviso. 
 
 negligently rtceive game for transportation contrary 
 to the provisions of this section, shall be liable to a 
 penalty of twenty-five dollars for each offense. 
 
 Section 33. No person shall at any time transport 
 or ship or remove or cause to be transportecl or 
 shipped or removed, out of this State, any game- 
 animal or game bird or vrild bird protected by this 
 act ; or shall catch, take, or killl, or have in his pos- 
 session or under his control, any of the gaipe-birds or 
 game-animals or wild birds of this State, the killing; 
 of which at any or all times is prohibited by the laws 
 of this State, with intent to allow or aid in the ship- 
 ment or removal thereof out of this State ; and ex- 
 cepting as provided for iu this act, it shall be unlaAv- 
 ful for any person acting in the capacity of a com- 
 mon carrier, or as the operator of an automobile, or 
 in control of a vehicle of any kind, to knowingly 
 receive for transportation or transport, or remove or 
 aid or assist in removing, beyond the limits of the 
 State, any of the wild birds or game-birds or game- 
 animals mentioned in this act. AVhoever shall of- 
 fend against any provision of this section shall be 
 liable to a penalty of two hundred dollai*s and six- 
 months' imprisonment for each elk, and one hundred 
 dollars for each deer, and twenty-five dollars for each 
 game-bird, and ten dollars for each rabbit or hare or 
 squirrel, or part thereof, either carried or attempted 
 to be carried out of the State in violation of this 
 section : Provided, That nothing contained in the 
 laws of this Commonwealth shall be held to impose 
 any penalty upon the transportation of game in un- 
 broken packages, in transit through this State from 
 another State ; or to the shipment out of the State, 
 at any time, of game legally killed or taken in an- 
 other State, whether the same be in original pack- 
 ages or otherwise ; and no penalty shall attach, in 
 any way when game legally killed in this Common- 
 wealth is delivered, in good faith, to an express com- 
 pany or other common carrier for transportation 
 from one point to another point in this State, and is 
 accompanied by the owner thereof, and actually de- 
 livered at the point of destination within this State, 
 if necessarily carried out of this State to reach its 
 destination : And provided further. That any non- 
 
GAME, FISH, AND FORESTRY LAWS. 85 
 
 resident liconsed hunter may take with liim person- X(,n rosidcnt 
 ally, when leaving the State, in manner prescribed by liconsid him- 
 that laAv controlling the shipment of game from one *^^'..."^''-^\ ^. • 
 point, to another point in this Commonwealth, rela- ofij/ifv out of 
 tive to the tagging of game, any of the game-animals State. 
 or game-birds, except wapiti or elk, that such licensee Tiisgins. 
 has lawfully taken or killed, not exceeding during the Quantity. 
 season the number that any one person may lawfully 
 take or kill in any one day. 
 
 Any person violating this section, relative to the Violation. 
 carrying or transportation of game out of the State 
 by non-residents, shall be liable to a penalty, for each 
 animal or bird taken or attempted to be taken out of 
 the State, equal in amount to the penalty now im- ronaity. 
 posed by law for the killing of such animal or bird 
 during the close season, and, in addition, ^ shall be 
 denied the right to hunt in this State for 'a period 
 of five years from the date of his offense, under a 
 penalty of twentj^-five dollars for each day such per- 
 son may hunt contrary to this provision. 
 
 Section 34. Each magistrate, justice of the peace, STinm.aiy 
 and alderman shall have the power of summary con- convutioii. 
 viction in matters pertaining to violation of any of 
 the provisions of this act. All actions for violation ActioiLs. 
 of any of the provisions of this act, except where the 
 defendant is taken in the act of violating the law, or 
 in a pursuit immediately following such violation, 
 shall be commenced by affidavit made within two years Affidavit. 
 after the date of such violation; and any magistrate, 
 justice of the peace, or alderman In this Common- 
 wealth, on complaint made before him, by affidavit, 
 by one or more persons, of a violation of any of the 
 provisions of this act by any person, is hereby author- 
 ized and required to issue his warrant, under his wanants. 
 hand and seal, directed to any constable, police officer, 
 .game-protector, or any officer of the Commonwealth 
 whose duty it is to protect the game and wild birds 
 of the Commonwealth, and cause such person to be 
 brought before him, such magistrate, justice of the 
 peace, or alderman, who shall hear the evidence and Hearings, 
 determine the guilt or innocence of the person ac- 
 cused ; and, if such person be convicted of the of- 
 fense charged, he shall be sentenced to pay the full Sentenoe. 
 penalty prescribed by the section violated, togetlior 
 with the costs of prosecution. 
 
86 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 rciiiilt ics. 
 
 Disposition 
 of when sal- 
 aried ofllcor 
 is prosecutor. 
 
 Disposition 
 of when 
 other than 
 salaried tf- 
 tirer is prose- 
 cutor. 
 
 Statement. 
 
 Duty of Set 
 retary of tlit 
 board. 
 
 Separate 
 fund. 
 
 Appeals. 
 
 Commit- 
 ments. 
 
 All penalties thus recovered, in cases where the 
 prosecutor is a salaried officer of the Oommonwealth, 
 shall be immediately surrendered by the court reeei\- 
 ing the same to the prosecutor, who, in turn, as soon 
 as may be, shall forward or deliver such amount in 
 full to the Secretary of the Board of Game C\»m- 
 missioners, at Harrisburg. 
 
 Wliere any citizen of the Commonwealth other than 
 a salaried officer is the prosecutor, one-half of any 
 penalty thus collected shall be paid to such pro- 
 secutor by the court receiving the same ; and the 
 remaining one-half shall be, as soon as the case is 
 fully determined before him, forwarded by such 
 magistrate, justice of the peace, or alderman to the 
 Secretary of the Board of Game Commissioners, at 
 Harrisburg, together with a statement of the cause 
 for whicU such money shall have been collected, the 
 cost of which statement is hereby fixed at fifty cents 
 and made a part of the costs of prosecution. 
 
 It shall be the duty of said Secretary of the Board 
 of Game Commissioners to, at least once a month, 
 make return of all moneys officially received by him 
 to the State Treasurer, who shall keep the moneys 
 thus collected as a fund separate and apart, solely 
 for the purpose of wild bird and game protection, 
 and for the purchase and propagation of game under 
 the supervision of the Board of Game Commissioners 
 of the Commonwealth of Pennsylvania, and for the 
 payment of bounties under the provisions of law. The 
 several purposes to which the fund, so received by 
 the State Treasurer, shall be applied to be clearly 
 designated by an act of the Legislature, either in the 
 general appropriation act or by separate appropria- 
 tion. 
 
 Either the prosecutor or defendant being dissatis- 
 fied with the finding of the magistrate, .iustico of the 
 peace, or alderman, in a trial for a violation of any 
 provision of this act, shall be entitled to an appeal 
 under the provisions of section fourteen of article 
 five of the Constitution, and the laws of Pennsyl- 
 vania relating thereto. 
 
 On the conviction of the defendant of such offense, 
 and his failure to pay the penalty in full imposed by 
 this act, together with the costs of prosecution, the 
 court hearing the case shall commit such defendant 
 to the common jail of the county for one day for each 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 87 
 
 dollar of penalty imposed : Provided, That any per- 
 son caught in the act, or charged with a violation of 
 any provision of this act, may, at his discretion, 
 either before or after the bringing of the suit, sign an 
 acknowledgment of the offense committed, and pay to 
 any duly authorized Game-Protector or Deputy 
 Game-Protector the penalty in full, as fixed by the 
 section violated, together with costs, if any, to date : 
 and the receipt which he shall receive therefrom, and 
 which in all instances shall bear the imprint of the 
 seal of the Board of Game Commissioners and the 
 signature of its Secretary, shall be evidence of full 
 satisfaction of the offense committed. 
 
 Section 35. The following acts and parts of acts 
 of Assembly are absolutely repealed; namely, — **** 
 
 Act of May 1, 1909 (P. L. 325) ; Act of April 6, 
 1911 (P. L. 49) ; Act of June 3, 1911 (P. L. 653) 
 Act of June 15, 1911 (P. L. 957) ; Act of March 21 
 1913 (P. L. 8) ; Act of AprH 2, 1913 (P. L. 33) 
 Act of April 18, 1913 (P. L. 99) ; Act of April 22, 
 1913 (P. L. 108) ; Act of May 1, 1913 (P. L. 137) 
 Act of May 9, 1913 (P. L. 193) ; Act of April 
 15, 1915 (P. L. 131) ; Act of April 15, 1915 (P. L. 
 133) ; Act of April 21, 1915 (P. L. 146). * * * * 
 
 All other acts and parts of acts inconsistent with 
 this act arc repealed. The repeal of any of the afore- 
 said acts of Assembly shall not affect any prosecu- 
 tion pending at the date of the passage of this act, 
 nor ijrevent the institution of any prosecutions for 
 violations of any of the provisions of the aforesaid 
 acts committetl prior to tlic passage of this act; but 
 all such pendm.ii prosecutions shall be terminated, 
 and all such violations shall be prosecuted, in the 
 same nmurior and under the same authority and with 
 like effect as prior to the passage of this act. 
 
 Section 36. The provisions of this act shall be sev- 
 erable, and if any of the provisions shall be held to 
 be una»nstitutional such decision shall not affect the 
 validity of any of the remaining provisions of this 
 act. 
 
 Approved — The 7th day of June, A. D. 1917. 
 
 MARTIN G. BRUMBAUGH. 
 
 rroviso. 
 
 Acknowk'cls- 
 ineiit of of- 
 fense. 
 
 Receipt. 
 
 Repeals. 
 
 General re- 
 peal. 
 
 Prosecution. 
 
 Provisions 
 shall be sev- 
 erable. 
 
88 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 AN ACT' 
 
 A.I -if .July 
 
 1 itii. iniT. r 
 
 L. >l.v. 
 
 I».>i: Law 
 liHT. 
 
 t(^riiis. 
 
 ■■Livestuc 
 ilt'rtnod. 
 
 ••Poultry" 
 (lefin«'d. 
 
 ••IVrson^' 
 (If In 10(1. 
 
 Niiiiilu'i' a 
 aenrter. 
 
 ■OAvrer" 
 fined. 
 
 i.f 
 
 of 
 
 id 
 
 de- 
 
 Relating to dogs, and the protection of livestock and 
 poultry from damage by dogs ; providing for the li- 
 censing of dogs; regulating the keeping of dogs, 
 and authorizing their destruction in certain cases : 
 providing for the protection of licensed dogs, and 
 for dogs temporarily imported for trial, show, and 
 breeding purposes ; prescribing certain privileges; 
 for hunting dogs, and dogs cvN'ned or used by the 
 Board of Ganie Commissioners ; providing for the 
 assessment of damages done by dogs, and payment 
 thereof by the proper county to the owners of live- 
 stock and poultry, and of damages to licensed 
 dogs ; imposing powers and duties on certain State, 
 countj', city, borough, town, and townsliip officers 
 and employes, and on city councils of cities of the 
 first and second class ; and providing penalties. 
 
 Section 1. Be it enacted, &c., That this act shall 
 be known and may be cited as the Dog Law of Onr 
 Thousand Nine Hundred and Seventeen. 
 
 Section 2. For the purpose of this act the follow- 
 ing terms shall have the following 
 
 respec- 
 tively designated for each : 
 
 Tlie term "livestock" shall include horses, stallions, 
 colts, geldings, mares, sheep, rams, lambs, bulls, bul- 
 locks, steers, heifers, cows, cah^cs, mules, jacks, jen- 
 ents, burros, goats, kids and swine. 
 
 The term "poultry" shall include all domestic fowl. 
 
 The word "person" shall include State and local of- 
 ficers or employes, individiials. corporations, copart- 
 nerships, and associations. Singular words shall in- 
 clude the plural. Mascular words shall include the 
 feminine and neuter. 
 
 The word "owner" when applied to the proprietor- 
 ship of a dog, shall include every person having a 
 right of property in such dog, and every person who 
 keeps or harbors such dog or has it in his care, and 
 every person who permits such dog to remain on or 
 about any premises occupied by him. 
 
 *This is not a game Ihav and is put here only for the 
 pnipose of inform 51 tion to owners of dogs. 
 
GAME, FISH, AND FORESTRY LAWS. 89 
 
 Soctiou 3. Tlie terra '•kennel" shall mean any es- 'Keiiiiti" 
 tablishment wherein or whereon dogs are kept for the deiinod. 
 purpose of breeding, sale, or sporting purposes. 
 
 The term "police officer" shall mean any person em- '^'.V.' ''*'.'",'!" 
 ployed or elected by this Commonwealth, or by any '^^^ * '" '"*'' ' 
 municipality, county, or township, and whose duty it 
 is to preserve peace or to make arrests or to enforce 
 the law. The term includes game, fish, and forest- 
 wardens. 
 
 Section 4. On or before the fifteenth day of Jan- Application 
 nary, one thousand nine hundred and eighteen, and ^'^^' i'*'""^*'- 
 on or before the fifteenth day of January of each 
 year thereafter, the owner of any dog six months old 
 or over shall apply to the county treasurer, either 
 orally or in writing, for a license for each such dog 
 owned or kept by him. Such application shall state 
 tlie breed, sex. age, color, and 'markings of such dog. 
 and the name and address of the last previous ownei- ; 
 and shall be accompanied by a fee of not less than fp^ for tath 
 one dollar, nor more than two dollars, for each male dog. 
 dog and each spayed female dog ; and by a fee of 
 not less tlian two dollars, nor more than four dollars, 
 for each unspayed female dog. The license fee shall 
 be determined by the commissioners of the several 
 counties of the State, and shall be the only license 
 or tax required for the ownership or keeping of said 
 dog or dogs. 
 
 Section 5. Such license shall be issued on a form License. 
 prepared and supplied by the county commissioners. 
 Such license shall be dated and numbered, and shall 
 bear the name of the county issuing it and a descrip- 
 tion of the dog licensed. All licenses shall be void up- winn void. 
 on the fifteenth day of January of the following year. 
 The county commissioners shall also furnish, and the 
 county treasurer shall issue, with each license, a 
 metal tag. Such tag shall be affixed to a substantial CoHar and 
 collar. The collar shall be furnished bv the owner, tag to he 
 and with the tag attached shall at all times be kept •"^"''^ """ ''"" 
 on the dog for which the license is issued, except when 
 confined in the kennel ; and except, also, that dogs 
 owned or used by the Board of Game Commissioners 
 of the Commonwealth, or their special deputy game- 
 protectors, servants, agents, and employes, shall not 
 be required to wear the collar and tag aforesaid when 
 used in hunting wildcat and bear during the winter Exceptions. 
 months of December, January, and February in each 
 and every year. 
 
90 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 County com- 
 niissionors to 
 luraish tags. 
 
 Tags de- 
 scribed. 
 
 Lost tag'< to 
 be replaced 
 without rost. 
 
 Tags issued 
 by justic- 0) 
 the peace. 
 
 Fee of jus- 
 tice of the 
 peace. 
 
 Ite|iort 
 < ounty 
 treasurer 
 
 to 
 
 Section 6. The county commissioners shall pre- 
 pare, and furnish annually to the county treasurer, 
 metal tags to be given by the county treasurer to the 
 owners of clogs when such owners shall pay the li- 
 cense fee for said dogs. Such tags shall be of metal, 
 and shall bear the name of the county issuing it, and 
 a serial number corresponding with the number of 
 the license issued to said owner, as provided in the 
 preceding section of this act. Such tags shall also 
 have impressed thereon the calendar year for which 
 such tag is issued, and shall not be more than one 
 inch in length, and shall be equipped with a substan- 
 tial metal fastening device! The general shape of 
 said tag shall be changed from year to year. 
 
 If any such tag is lost it shall be replaced without 
 cost by the county treasurer, upon application by the 
 person to whom the original license was issued, and 
 upon production of such license. 
 
 Section 7. Any justice of the peace within the 
 county who has qualified by having applied to the 
 county treasurer, and having received and receipted 
 for necessary blanks and tags, may issue such dog 
 licenses and tags in like manner as prescribed for the 
 issuance of licenses by the county treasurer. When 
 a license is issued by a justice of the peace the per- 
 son applying for the license shall pay fifteen cents to 
 the said justice, in addition to the other fees pre- 
 scribed as the cost of said license. Said fifteen cents 
 shall be retained by the justice of the peace as his fee 
 for the issuance of said license and reporting the same 
 and remitting payment therefor to the county treas- 
 urer. Such report and remittance shall be made by 
 the justice of the peace within twenty-four hours 
 after the issuance of any license by him ; whereupon 
 the county treasurer shall make a record of, and 
 otherwise treat, said license as though it had been 
 issued from his oflice, except that he shall also note 
 upon his record the name of the justice issuing the 
 license. 
 
 Every justice of the peace shall deliver the book 
 or books from which he has issued licenses, together 
 with the stubs therein properly filled out and showing 
 the names of each licensee and the number of the 
 license issued to him, to the county treasurer before 
 the fifteenth day of January of each year. 
 
GAME, FISH, AND FORESTRY LAWS. 91 
 
 Section 8. Any person becoming the owner, after License for 
 the fifteenth day of January of any year, of any dog dogs six 
 six months old or over which has not already been J^onths old. 
 licensed, or any person owning or keeping a dog which 
 becomes six months old at any time after the fifteenth 
 daj' of January of any year, shall forthwith apply for 
 and secure a license for such dog in the same manner 
 as the annual license is obtained under the provisions 
 of this act. If any such application is made at any 
 time after the fifteenth day of July of any year the 
 license fee shall be, — for each male or unspayed fe- 
 male dog, one-half of the amount fixed as the annual Fee. 
 license, by county commissioners, for male or spayed 
 female dogs ; for each unspayed female dog, one-half 
 of the amount fixed as the annual license, by the 
 county commissioners, for unspayed female dogs. 
 
 Section 9. No license or license tag issued for one Transfer of 
 dog shall be transferable to another dog, except as license or 
 provided in sections eleven and twelve of this act. *^»- 
 Whenever the ownership or possession of any dog is 
 permanently transferred from one person to another 
 within the same county, the license of such dog maj' 
 be likewise transferred, upon notice given to the coun- 
 ty treasurer. This act does not require the procure- 
 ment of a new license, or the transfer of a license 
 already secured, when the possession of a dog is 
 temporarily transferred for the purpose of hunting 
 game, or for breeding, trial, or show, in this Com- 
 monwealtli. 
 
 Section 10. Whenever any dog licensed in one Removal of 
 county is permanently removed to another county, <iog to an- 
 the county treasurer of the county where the license other county. 
 was issued shall, upon the application of the owner 
 or keeper of such dog, certify such license to the 
 treasurer of the county to which the dbg is removed. 
 Such treasurers shall thereupon, and upon the pay- 
 ment of a fee of twenty-five cents, issue a license and 
 tag for such dog in the county to which it is removed. 
 
 This section does not apply to dogs used during the When this 
 hunting season for hunting game, or temporarily for section does 
 breeding, trial, or show, in the Commonwealth ; nor "^* '^pp'J 
 for the transportation of dogs for hunting, breeding, 
 trial, or show purposes, the home county license hold- 
 ing good for such purposes throughout the Common- 
 wealth. 
 
92 GAME, FISH, AND FORESTRY LAWS. 
 
 \ 
 
 Ke'.uK'l li- 
 c'ouse. 
 
 Section 11. Any person who keeps or operates a 
 kennel may, in lieu of the license for each dog re- 
 quired by this act, apply to the county treasurer foi- 
 a kennel license entitling him to keep or operate such 
 kennel. Such license shall be issued by the countj 
 treasurer, on a form prepared and supplied by the 
 county commissioners, and shall entitle the licensee 
 to keep any number of dogs six months old or over, 
 not at any time exceeding a certain number to b<* 
 Fee. specified in the license. The fee to be paid for eacli 
 
 kennel license sliall be five dollars for ten dogs or 
 less, and ten dolhirs for more than ten dogs permitted 
 Tags. to be kept under the kennel licenses. With eacli 
 
 kennel license the countj^ treasurer shall issue a num- 
 ber of metal tags equal to the number of dogs author- 
 ized to be kept in the kennel. All such tags shall 
 bear the name of the county issuing it, the name of 
 the kennel license, and shall be readily distinguish- 
 able from the individual liccnise tags for the same 
 year. 
 Transfer of Section 12. The licensee of a kennel shall, at all 
 
 tag.s. times, keep one of such tags attached to a collar on 
 
 each dog six months old or over kept by him under a 
 kennel license. Such tags may be transferred from 
 one dog to another within the kennel whenever any 
 dog is removed from the kennel. No dog bearing a 
 kennel tag shall be permitted to stray or to be taken 
 anywhere outside the limits of the kennel. 
 Dogs tftiiipo- This section does not prohibit the taking of dogs 
 rariiy outsidi having a kennel license outside the limits of the ken- 
 of kennpi. j,^} temporarily and in leash, nor does it prohibit the 
 taking such dogs out of the kennel temporarily for 
 the purpose of hunting, breeding, trial, or show. 
 Dyss hrought Section 13. Any person may bring or cause to b<' 
 stato^tem- brought into the State, for a period of thirty days one 
 poiaiiiy. or more dogs for show, trial, or breeding purposes. 
 
 Section 14. The county treasurer shall keep a rec- 
 urer' to keep ^^^ ^^ ^^^ ^^^S licenses, and all kennel licenses, and all 
 innia. permits issued during the year. Such records shall 
 
 contain the name and address of the person to whom 
 each license or permit is issued. In the case of an 
 individual license, the record shall also state the 
 breed, sex, age, color, and markings of the dog li- 
 censed ; and in the case of a kennel license, it shall 
 state the place where the business is conducted. The 
 record shall be a public record and open to persons 
 interested, during business hours. 
 
GAME, FISH, AND FORESTRY LAWS. 93 
 
 Whenever the ownership or possession of any dog Tninsivis to 
 licensed under the provisions of this act is trans- be iccoKUd. 
 ferred from one person to another, except the tem- 
 porary transfer of dogs for hunting purposes, or for 
 breeding, trial, or show, as provided in section nine 
 of this act, such transfer shall be noted on the record 
 of the county treasurer. 
 
 Section 15. An accurate record of all license fees Couuiy to 
 collected by the county treasurer, or paid over to him ^^* ^''*=^ 
 by any justice of the peace, shall be kept as a matter 
 of information ; but all such funds shall be turned 
 into the county funds. All moneys at present in the 
 "dog fund" derived from taxation of dogs, under the 
 existing law, shall be turned into the county fund. 
 All bills incurred under this act, or due at the time PaynKiu of 
 of the passage of this act, shall be paid out of the ^"Vis- 
 county fund, and any excess moneys collected under 
 this act shall be used for other county purposes. 
 
 Section 16. The assessors for taxation purposes in inciuiiy of 
 each township, borough, town, and city of this Com- assessors. 
 monwealth shall annually, at the time of assessing 
 property as required by law, make diligent inquiry as 
 to the number of dogs owned, harbored, or kept by 
 any person so assessed. 
 
 The assessor shall annually, on or before the thirty- Assessors' re 
 Jirst day of December, make a complete report, on a P^^'^- 
 blank form furnished by the county commissioners, 
 to such commissioners, setting forth the name of every 
 owner of any dog or dogs, how many of each sex are 
 by him owned or harbored, and if a kennel is main- 
 tained by any person such fact shall also be stated. 
 It shall be the duty of the assessor, at the time of 
 making the assessment, to notify the owner of such 
 dog or dogs that he must obtain a license for the 
 same as provided for in this act ; but the neglect or 
 failure so to notify such owner shall not relieve the 
 owner from his duty to obtain such licenses. 
 
 Section 17. On and after the fifteenth day of Jan- ^ot effective 
 nary, one thousand nine hundred and eighteen, it .Tanuary ir>, 
 shall be unlawful for any person to own or keep any i*'^S- 
 dog six months old or over unless such dog is licensed 
 by the treasurer of the county in which the dog is 
 kept ; and unless such dog at all times M'ears the col- 
 lar and tag provided for by this act, unless such dogs 
 are temporarily brought into the State for breeding, 
 trial, or show purposes. 
 
94 
 
 GAME, FISH, AND FORESTRY I.AWS. 
 
 Seizure of 
 (logs running 
 at large. 
 
 Duties of offi- 
 cers. 
 
 Dispo.sal of 
 
 vinclaimed 
 
 (logs. 
 
 Sale for vivi 
 .section pro- 
 hibited. 
 
 Pay of of- 
 lioors. 
 
 1 'en it It J- for 
 non-perform- 
 ance of rhity 
 
 When dogs 
 may be 
 killed. 
 
 Section 18. It shall be the duty of every police of- 
 ficer to seize and detain any dog or dogs which bear a 
 proper license tag, and which are found running at 
 large and unaccompanied by its owner or keeper. It 
 shall be the duty of every police officer to kill any dog 
 which does not bear a proper license tag, which is 
 found running at large. The chief of police or his 
 agents, of any citj', the high constable of any borough, 
 or the constable of any borough not having a high 
 constable, and the constable of any incorporated town 
 or township, shall cause any dog bearing a proper 
 license tag and so seized and detained to be properly 
 kept and fed, and shall cause immediate notice, either 
 personal or by registered mail, to be given to the per- 
 son in whose name the license was procured, or his 
 agent, to claim such dog within ten days. The owner 
 of a dog so detained shall pay all leasonable expenses 
 incurred by reason of its detention, under the pro- 
 visions of this section, before the dog is returned. 
 
 Section 19. If, after ten days from the giving of 
 such notice, such dog has not been claimed, such chief 
 of police or his agent, constable, or high constable 
 shall dispose of such dog by sale, or by destruction 
 in some humane manner. No dog so caught and de- 
 tained shall be sold for the purpose of vivisection. 
 All moneys derived from the sale of such dog, after 
 deducting the expenses of its detention, shall be paid 
 to the county treasurer and by him placed in the 
 countj'^ fund. For services under sections eighteen and 
 nineteen of this act, such officers shall be paid the 
 sum of one dollar for detaining a licensed dog, and 
 the sum of one dollar for the killing of a dog. All 
 expenses incurred under this act or the preceding 
 section, and not otherwise provided for, shall be paid 
 by the proper county. 
 
 Section 20. For failure to perform his duty under 
 the provisions of this act, such police officer shall be 
 liable to a penalty of two dollars for each offense, 
 which amount shall be deducted from any amount 
 due such police officer from the county, at any settle- 
 ment between such officer and the county commis- 
 sioners. 
 
 Section 21. Any person may kill any dog which he 
 sees in the act of pursuing, worrying, or wounding 
 any livestock, or attacking human beings, whether or 
 
GAME, FISH, AND FORESTRY LAWS. 95 
 
 not such dog bears the license tag required by the 
 provisions of this act. There shall be no liability on 
 such person in damages or otherwise for such killing. 
 
 Any unlicensed dog that enters any field shall con- 
 stitute a private nuisance, and the owner or tenant 
 of such field, or their agent or servant, may kill such 
 dog while it is in the field, without liability or re- 
 sponsibility of any nature for such killing. 
 
 Licensed dogs when accompanied by their owner or 
 handler shall not be included under the provisions of 
 this section, unless caught in the act of worrying, 
 wounding, or killing any livestock, or attacking hu- 
 man beings. 
 
 Section 22. All dogs are hereby declared to be per- Suiijects of 
 sonal property and subjects of laceny. Except as ^^'"'^y- 
 provided in section of twenty-one of this act, it is un- 
 lawful for any person, except a police officer, to kill, 
 injure, or poison, or to attempt to kill, injure, or 
 poison, any dog which bears a license tag for the 
 current year. 
 
 It is unlawful for any person to place any dog- roisoning. 
 button, or any poison of any description, in any place ^ 
 on his own premises or elsewhere where it may be 
 easily found and eaten by dogs. 
 
 It shall be unlawful for any person, except the Remorai of 
 owner or authorized agent, to remove any license tag tag. 
 from a dog collar, or to remove any collar with a li- 
 cense tag attached therto, from any dog. 
 
 It shall be unlawful for any person to harbor, or Harboring, 
 permit to remain about his premises, any dog not 
 having a license. 
 
 This section does not prohibit the Board of Game Board of 
 Commissioners, or any of its officers and agents, from Game com- 
 placing poison, under the provisions of the game law^s ™issiouers. 
 of this Commonwealth. 
 
 Section 23. It is unlawful for the owner or keeper Female dog. 
 of any female dog to permit such female dog to go 
 beyond the premises of such owner or keeper at any 
 time she is in heat, unless such female dog is held 
 properly in leash. 
 
 Section 24. The owner or keeper of every dog shall Night stray- 
 at all times, between sunset and sunrise of each day, i^?-,.^!^' 
 keep such dog — either (a) confined within an enclo- ^ ^ ® • 
 sure frorh which it cannot escape, or (b) firmlv se- 
 cured by means of a collar and chain or other device 
 so that it cannot stray beyond the premises on which 
 it is secured, or (c) under the reasonable control of 
 
96 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Dinujifit- TO 
 or loss irf 
 livestock. 
 
 ('oiiijilaiiit 
 liv iiwiK r. 
 
 D«'t(-Vii)iiia- 
 tion of 
 Minoiinl of 
 
 LJ;ilality 
 ovviier ov 
 ki'cper. 
 
 of 
 
 Ceri.iftc;i 
 cxHiniiiiit ion 
 
 of 
 
 Fop 
 cial 
 
 for si)e- 
 service. 
 
 some person, or when engaged in lawful hunting 
 accompanied by an owner or handler. 
 
 Section 25. Whenever any person sustains any 
 loss or damage to any livestoi'k or poultry by dogs, 
 or any livestock of any person is necessarily de- 
 stroyed because of having been bitten by a dog, such 
 person, or his agent f)r attorney, may complain to 
 any township auditor, or to any justice of the peace, 
 magistrate, or alderman of the township, town, bor- 
 ough, or city. Such complaint shall be in writing, 
 shall be signed by the person making such complaint, 
 and shall state when, where, and how such damage 
 was done, and by whose dog or dogs, if known. Such 
 township auditor, justice of the peace, magistrate, oi- 
 alderman shall at once examine the place where th(> 
 alleged loss or damage was sustained anu the livo- 
 stock or poultry injured or killed, if practicable. He 
 shall also examine, under oath or affirmation, any 
 witness called befoi-e him. After making diligent in- 
 quiry in relation to such claim, such township audi- 
 tor, justice, magistrate, or alderman shall determine 
 whether any damage has been sustained and the 
 amount thereof, and, if possible, who was the owner 
 of the dog or dogs by which such damage was done. 
 
 Any owner or keeper of such dog or dogs shall b(> 
 liable to the owner of such livestock or poultry in 
 a civil action for all damages and costs, or to the 
 county to the extent of the amount of damages paid 
 by such county as hereinafter provided. 
 
 Section 26. Upon making the examination re- 
 quired in section tv/enty-five of this act, the town- 
 ship auditor, justice, magistrate, or alderman shall 
 immediately make a certificate thereto, signed and 
 sealed by him, that such appraisement was regularly 
 and duly made. If, by such examination, it appears 
 that any damage has been sustained by the complain- 
 ant, the township auditor, justice, magistrate, or al- 
 derman shall deliver the report of such examination, 
 and all papers relating to the case, to the claimant, 
 or his agent or attorney, upon payment of the costs 
 up to that time. Such report shall be delivered to 
 the county commissioners to be filed in their office. 
 
 Section 27. Township auditors, justices of the 
 peace, magistrates, and aldermen, for the special serv- 
 ice required under sections twenty-five and twenty- 
 six of this act, shall receive two dollars for each case, 
 and five cents per mile for each mile traveled, to be 
 
loss or (ijim- 
 ase. 
 
 GAMB, FISH, AND TORESTRY LAWS. 97 
 
 paid by the claimant in each case. In all cases 
 Avherc damages are awarded, the fees paid by claim- 
 ants shall be included in the amount of such dam- 
 ages. 
 
 Section 28. Upon the commissioners of the county ra.vmciit uf 
 receiving such report, if it appears thereby that a ;i:iii" '•;' 
 certain amount of damages has been sustained by the 
 claimant, they shall immediately draw their order 
 on the treasurer of the county in favor of the claim- 
 ant for the amount of loss or damage such claimant 
 has sustained according to such report, together with 
 necessary and proper costs incurred. Such amount 
 shall be paid by the proper county. No person shall 
 receive any order for any claim until the township 
 auditor, justice of the peace, magistrate, or alderman 
 before w^hom the claim was made has certified that 
 ' due diligence was made to ascertain whose dog or 
 dogs did the damage, and that the carcasses of the 
 livestock or poultry killed, and for which damages 
 liave been assessed, were buried within twenty-four 
 hours after the assessment of damages. The owners liuriai of 
 of any livestock or poultry killed by dogs, or live- i:y»'_^tock or 
 stock necessarily destroyed because of ha%ing been [!'i'"'^'-* 
 bitten by a dog, shall be paid fifty cents each for 
 burial of such livestock or poultry killed, to be paid 
 as other damages under this section. Upon payment 
 by the county of damages to livestock or poultry by 
 dogs, the rights of the owner of such livestock or 
 poultry against the owner of the dog, to the extent 
 of the amount of damages so paid by such county, 
 shall enure to the benefit of the county. 
 
 Section 29. No payment shall be made for any I'dynicat ai- 
 item which has already been paid by the owner of icaVty nnuie 
 the dog or dogs doing the injury. The fact that no '">' """tn"- 
 such payment has been made shall be certified by the 
 township auditor, justice of the peace, magistrate, or 
 alderman. 
 
 When any payment is made by the county for any p^^.^ 
 livestock bitten by a dog, such payment shall not ex- county!^ 
 ced one hundred dollars for each horse or mule, forty 
 dollars for each head of cattle, or six dollars for each ^ 
 
 'head of swine. 
 
 Section 30. Any valid claims or parts thereof for Vuii.i cinims 
 loss or damage to sheep, horses, mules, cattle, or s'>aii not 
 swine, which have accrued under any general or local '''^***to. 
 
98 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Notice to 
 kill dogs. 
 
 Exemption 
 from further 
 liability. 
 
 Owner's fail- 
 ure to kill. 
 
 Proviso. 
 
 False state- 
 ments. 
 
 Burdem of 
 proof. 
 
 laws at any time prior to the passage of this act, 
 shall not abate by reason of the repeal of such gen- 
 eral or local act, but shall be paid out of the general 
 fund of the proper county. 
 
 All claims of parts thereof remaining unpaid for 
 any reason at the close of any year shall not abate, 
 but shall continue as claims until paid in full. 
 
 Section 31. If, in the report of the township 
 auditor, justice of the peace, magistrate, or alder- 
 man, the name of the owner of any dog or dogs hav- 
 ing caused loss or damage to any livestock is defi- 
 nitely and conclusively shown, the county commis- 
 sioners shall notify such owner or keeper immediately 
 to kill said dog or dogs : and if said dog or dogs be 
 killed in accordance with such notice or order, the 
 owner or keeper of said dog or dogs shall be exempt 
 from all further liability. 
 
 Upon failure, however, of such owner to comply 
 with such order within a period of ten days, he shall 
 be liable for the damages caused by said dog or dogs ; 
 and the chief of police or his agent of tlie township, 
 town, borough, or city in which said dog or dogs are 
 kept shall, upon notice from the county commission- 
 ers, kill such dog or dogs wherever found. For such 
 service he shall be entitled to one dollar for each dog 
 so killed, to be i^aid by the proper county, upon a 
 certified statement to the commissioners that such 
 dog or dogs have been killed by him. The county 
 commissioners shall issue an order on the county 
 treasurer for such amount, unless ])ayment has been 
 made by the owner or keeper of the dog or dogs : 
 Provided, however, That the owner or keeper of any 
 licensed dog or dogs that have caused loss or dam- 
 age to poultry shall not be obliged to kill said dog 
 or dogs unless said dog or dogs are mad, but shall 
 be liable for said loss or damage. 
 
 Section 32. It is unlawful for any person know- 
 ingly to make any false statement or to conceal any 
 fact required to be disclosed under any of the provis- 
 ions of this act. 
 
 Section 33. In any proceedings under this act the 
 burden of proof of the fact that a dog has been li- 
 censed, or has been imported for breeding, trial, or 
 show purposes, or that a dog is under the age of six 
 months, shall be on the owner of such dog. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 99 
 
 Any dog not bearing a license tag shall prima facie 
 be deemed to be unlicensed. 
 
 Section 34. The Secretary of Agriculture, through 
 his officers and agents, shall have the general super- 
 ^dsion over the licensing and regulation of dogs and 
 protection of livestock and poultry from damage by 
 dogs in all counties of the Commonwealth. The com- 
 missioners of each county shall enforce, within their 
 respective jurisdiction, the provisions of this act. To 
 this end the Secretary of Agriculture may employ all 
 proper means for the enforcement of this act. Any 
 other State department, bureau, or commission may, 
 on request of the Commissioner of Agriculture, assist 
 in the enforcement of the provisions of this act. 
 
 Section 35. Any person violating, or failing or re- 
 fusing to comply with, any of the provisions of this 
 act shall be guilty of a misdemeanor, and upon con- 
 viction shall be sentenced to pay a fine not exceed- 
 ing one hundred dollars, or to undergo an imprison- 
 ment not exceeding three months, at the discretion of 
 the court. 
 
 All fines collected under the provisions of this act 
 shall be forthwith paid to the treasurer of the proper 
 county. 
 
 Section 36. This act is intended as a complete and 
 uniform system throughout the Commonwealth for 
 the licensing of dogs and the protection of livestock 
 and poultry from injury by dogs ; but nothing in this 
 act shall interfere with any law for the protection 
 and preservation of game. Except where such acts 
 or parts of acts are specifically repealed, this act 
 does not repeal or affect any acts or parts of acts re- 
 lating to mad dogs or dogs affected with any disease. 
 
 Section 37. Nothing in this act shall be construed 
 to prevent the owner of a licensed dog from recovery, 
 by action at law, the value of any dog which dog has 
 been illegally killed by any police officer, farmer, 
 stockman, or other person within this Common- 
 wealth, from said police officer, farmer, stockman, or 
 other person. In case such police officer or other 
 person fails to pay the value of such dog so killed, 
 the same shall be paid by the proper county. Said 
 value of said dog to be ascertained in the same man- 
 ner and form as provided in section twenty-five of 
 this act for assessing the damage done to livestock by 
 dogs. 
 
 Enforcement 
 of act by 
 Secretary of 
 Asricnlture. 
 
 Violatlona. 
 
 Penalty. 
 
 Fines. 
 
 Limitation, 
 of act. 
 
 Damages for 
 dogs illeg- 
 ally killed. 
 
100 GAME, PISH, AND FORESTRY LAWS. 
 
 Do^s iiuising Nothing in this act shall be so construed as to pre- 
 dPiTr or other vent the killing of a dog caught chasing deer at nny 
 gamo. time of the year, on either public or private lands : 
 
 or to prevent the killing of dogs by any officer em- 
 powered to enforce the game laws of this Common- 
 wealth when said dogs are pursuing game during the 
 closed season for the training of dogs on game, pro- 
 viding said dogs are not under the immediate control 
 or accompanied by their owners or keepers, and also 
 ])rovided that legal notice has previously been given 
 said owner or keeper as required by the game laws 
 of this CommonM'ealth. 
 Provisions of Section 38. In the e\oiit that any one or more of 
 act sever- tlie provisions of this act should be decided to be un- 
 able, constitutional, the court's decision holding the same 
 tmconstitutional shall not affect the validity of the 
 remaining provisions of this act, it being the inten- 
 tion of the Legislature that the pro\isions of this act 
 are severable. 
 
 Section 39. The powers and dtities given to and 
 fi'^t^iuf imposed upon county commissioners and other ofti- 
 
 seooiui" class, cers by this act shall not extend to cities of the first 
 and second class. In cities of the first and second 
 class the power and duty to fix and collect the li- 
 cense fees provided in section four of this act, and 
 issue license tags, and otherwise perform and carry 
 out the provisions of this act within the limits of 
 such cities shall be, and are hereby, given to and 
 imposed upon the council or councils of each of said 
 cities respectively. 
 
 Section 40. This act does not vopi'jil or in anywise 
 ^ttwtoT* affect any of the provisions of the following acts :■ — 
 
 '■ " ^^ ' The act, approved the first day of May, one thou- 
 
 1900. r. L. sand nine hundred and nine (Pami)hlet Laws, three 
 '^-''- liundred twenty-five), entitled "An act to provide for 
 
 the protection and preservation of game, game-quad- 
 rupeds and game-birds, and song and insectivorous 
 and other wild birds, and prescribing penalties for 
 violation of its several provisions." 
 
 The act, approved the fifteenth day of April, one 
 191. ", v. L. thousand nine hundred and fifteen (Pamphlet Laws, 
 i'^''- one hundred thirty-three), entitled "An act to amend 
 
 section twenty-one of an act entitled 'An act to pro- 
 vide for the protection and preservation of ganip, 
 game-quadrupeds and game-birds, and song and in- 
 sectivorous and other wild birds, and prescribing pen- 
 alties for violation of its several provisions,' approved 
 
GAME, PISH, AND FORESTRY LAWS. 101 
 
 llic first day of May, Anuo Domini one thousand nine 
 hundred and nine, by extending the season during 
 which dogs may be trained." 
 
 The act, approved the first day of June, one thou- I9if), p. l. 
 sand nine hundred and fifteen (Pamphlet Laws, six 64*' 
 hundred forty-four), entitled "An act to give addi- 
 tional protection to wild birds and animals and game 
 within the Commonwealth of Pennsylvania ; prohib- 
 iting the hunting for, or capture or killing, of such 
 wild birds or animals, or game by unnaturalized for- 
 eign-born residents ; forbidding the ownership or pos- 
 session of dogs by any unnaturalized foreign-born 
 resident within the Commonwealth ; and prescribing 
 penalties for violation of its provisions." 
 
 Section 41. The following acts and parts of acts Acts re- 
 are hereby repealed : — pealed. 
 
 =!=..* * The Act of Mav 18th, 1878 (P. L. 72); 
 Act of June 12tl), 1878. (P. L. 198, No. 231), Act of 
 May 15th, 1880 (P. L. 222) : Act of May 25th, 1893, 
 (P. L. 136) ; Act of June 7th, 1897, (P. L. 130, No. 
 105) : Act of April lltli. 1901, (P. L. 73, No. 43) ; 
 Act of April 23rd. 1901, (P. L. 92) ; Act of March 
 1st, 1905, (I*. L. 28) ; Act of June 1st, 1907, (P. L. 
 362) ; Act of April 23rd, 1909, (P. L. 170) : Act of 
 June 15th, 1911, (P. L. 968) ; Act of May 20th, 
 1913, (P. L. 259) ; Act of June 3rd, 1915, (P. L. 
 790, No. 350) ; Act of June 3rd, 1915, (P. L. 791) ; 
 Act of April 24th, 1903, (P. L. 296) insofar as it 
 relates to dogs. 
 
 Section 42. All other acts or parts of acts, gen- 
 eral, local or special, inconsistent with or supplied by 
 this act, are hereby repealed. 
 
 Approved— Tlie 11th day of July, A. D. 1917. 
 
 MARTIN G. BRUMBAUGH. 
 
102 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 AN ACT. 
 
 May 23, Oreating a reward or bounty for the destruction of 
 
 1919, P. L. certain noxious animals killed within the Com- 
 
 270* monwealth of Pennsylvania ; providing a method 
 
 for the payment of the same ; and providing the 
 method of furnishing evidence of said destruction, 
 and penalties for the violation of the several pro- 
 visions hereof. 
 
 Section 1. Be it enactod, &c., That a reward or 
 bounty shall be paid by this Commonwealth for the 
 
 killing, within the Commonwealth only, of the follow- 
 ing noxious animals : For each Canada or bay lynx, 
 commonly called bobcat or wildcat, the sum of eight 
 dollars ; for each fox, the sum of two dollars ; for 
 each weasel, the sum of two dollars ; and for each 
 mink, the sum of one dollar. 
 
 Section 2. It shall be the duty of any person who, 
 having killed within this Commonwealth one or more 
 of the animals named in section one of this act, and 
 being desirous of securing the reward or bounty 
 named for such killing, as fixed by section one of this 
 act, to produce such slain animal or animals, or the 
 entire pelt thereof, before any game protector, or 
 special deputy game protector, or any other person 
 authorized to administer oaths, within this Common- 
 Affidavit, wealth, and to make affidavit that he or some other 
 member of his family, naming such person, killed the 
 same (naming it), stating clearly the approximate 
 time of such killing, that it was killed in a wild state, 
 that the place where such animal was ki'lled (naming 
 it) was within the Commonwealth of Pennsylvania, 
 and that such animal was not reared in captivity. 
 Fee for Afft- Upon the production of such animal or pelt before 
 davit. any person authorized to take affidavits under the 
 provisions of this act, such official shall prepare his 
 statement in accordance with the provisions of this 
 act, and such official shall include in one affidavit all 
 claims for bounty that may be made by one person, 
 at one time, not to exceed five, and shall, excepting 
 in the case of a salaried game protector, receive, in 
 full for services rendered, a fee of twenty-five cents 
 (25c) where but one animal is named in such affi- 
 
 Noxiou» 
 animals. 
 Bomities 
 for killing. 
 
 Wildcat. 
 
 Fox. 
 
 Weasel. 
 
 Mink. 
 
 Procedure to 
 secure bount] 
 
 Production 
 of animal 
 or pelt. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 103 
 
 davit ; where more than one animal is named in one 
 affidavit, the fee shall be fifty cents (50c) ; such fee 
 in all cases to be paid by the claimant for bounty. 
 The affidavit shall preferably be made upon forms to 
 be provided by the Board of Game Commissioners on 
 demand made by any person authorized to take affi- 
 davits within this Commonwealth ; and all affidavits 
 of this character shall, in all cases, clearly set forth 
 the name of the animal killed for which a bounty is 
 claimed, the name of the person killing same, the ap- 
 proximate time when such animal was killed, that it 
 was killed in a wild state, giving as nearly as possi- 
 ble the name of the place and county within this 
 Commonwealth where same was killed, and that such 
 animal was not reared or held in captivity. 
 
 Upon the completion of such affidavit and the pay- 
 ment of the fee as above stated, the game protector 
 or other person administering the oath shall, with- 
 out splitting the face or otherwise mutilating the 
 skin as otherwise provided in this act, deliver said 
 affidavit and skin or pelt brought before him to the 
 claimant for bounty, who shall, as soon as may be, 
 forward such affidavit and the unmultilated skin or 
 pelt of the animal or animals for the killing of which 
 a bounty is claimed and named in such affidavit to 
 the Secretary of the Board of Game Commissioners 
 at Harrisburg. 
 
 Section 3. Upon the receipt of such affidavit and 
 skins or prlts in proper form, the Secretary of the 
 Board of Game Commissioners, being satisfied that 
 the skins or pelts presented to him are the skins or 
 pelts of animals for the killing of which a bounty is 
 offered by this act, and that such claims are in all 
 respects legitimate, shall split the face of the skin 
 from between the eyes through the end of the nose ; 
 and shall as quickly as may be, forward his check to 
 the claimant for the amount found to be due, and 
 shall return all such skins or pelts, at the expense 
 of the bounty fund, to such address as the owner may 
 direct ; and shall, at least once a month, render an 
 accounting to the Auditor General, in such form as 
 he may prescribe, of all claims paid, giving the name 
 and address of the payee, the number of the check 
 given, and the amount so paid. 
 
 Affidavit. 
 
 Duty of 
 official. 
 
 Delivery of 
 pelt anrl 
 affidavit to 
 claimaut. 
 
 Forwarding 
 of Affidavit 
 to Board of 
 Game Com- 
 missi ouers. 
 
 Duty of Sec- 
 retary of 
 board. 
 
 ^Mutihition 
 of pelt. 
 
 Forwarding: 
 of check 
 and pelt 
 to claimant. 
 
 Accfiuntins: 
 Avith Auditor 
 Ocm-ral. 
 
Wai ijiiits. 
 
 l'"Ull(l Inr 
 
 104 GAME, FISH, AND FORESTRY LAWS. 
 
 iio(iuisitiuns For the purpose of this authority, the Secretary of 
 
 oi' St lite the Game Commission is hereby empowered to make 
 
 Treasurer. requisition upon the fund in the State Treasury des- 
 ignated by law as the Bounty Fund, and to secure 
 through a warrant of the Auditor General, such an 
 amount monthly from such fund as may be consid- 
 ered necessary to meet the demands that may be 
 made for bounty during the succeeding month. The 
 
 r. 1. bond of the Secretary of the Game Commission shall 
 
 be in such amount as to cover the amount of cash 
 in his hands at any time. 
 
 Section 4. The Auditor General, upon presenta- 
 tion to him of the requisition of the Secretary of the 
 Board of Game Commissioners, shall draw his war- 
 rant upon tlie State Treasurer against the fund, here- 
 inafter designated, received from the hunters' license 
 fees, fines, penalties, and other laws of this Com- 
 monwealth, as set out in the fifth section of this act 
 oi: Assembly, and hereinafter designated, "Fund for 
 the Payment of Bounties." 
 
 Section 5. Pursuant to section twelve of the act 
 ]iiiyiiHnt'of of April Seventeenth, one thousand nine I-iundred and 
 i>()niiti(s. thirteen (Pamphlet Laws, eighty-five), providing for 
 
 .. the licensing of hunters, which provides, "It being 
 17. lOiH ?p. specifically provided that fifty percentum of any fund 
 T./sr, ). returned to the State through or because of the pro- 
 
 visions of this act, or so much of said fifty per cen- 
 tum as may be needed, shall be npplied by the Leg- 
 islature at its biennial sessions to the payment of 
 bounties," — one-lialf of the said sum hereafter re- 
 ceived from all hunters' license fees, fines, and pen- 
 alties, under the provisions of said act of Assembly, 
 and all other fines and penalties set apart under any 
 other laws of this Commonwealth for the payment of 
 bounties, are hereby directed to be placed by the 
 State Treasurer in a separate and special fund, to be 
 designated and known as "Fund for the Payment of 
 Bounties" ; and all the moneys placed in said fund 
 are declared to bo available as soon as paid into the 
 State Treasury, and are hereby specifically appropri- 
 ated for the payment of the bounties as provided by 
 this act ; and the Auditor General shall charge 
 against the said fund all the warrants drawn by him 
 for the payment of bounties ; and the State Treas- 
 urer is directed to pay out of said fund all of the 
 Avarrants so drawn by the Auditor General in favor 
 Proviso. of the Secretary of the Game Commission : Provided, 
 
GAME, FISH, AND FORESTRY LAWS. 105 
 
 That the office expenses, clerk hire, postage, et cetera, 
 necessary to the performauce of the extra duties im- 
 posed by this act upon the Board of Game Commis- 
 sioners, shall be a charge iagainst the fund created 
 by this act, and shall be paid, upon requisition of 
 tlio Secretary of said board, and in the same form 
 and manner as requisitions for bounty are paid: Pro- imx^,, 
 \ided further, That any moneys so placed in this 
 t'niid and not needed under the provisions of this act, 
 shall be used solely for the purpose of wild bird and 
 ,i;ame protection, under the supervision of the Board 
 of Game (Jomniissionors, in the same manner as 
 oth<;r moneys held separate and apart for such use. 
 
 Section 0. The game protectors and special dep- onihs. 
 uty game protectors of the Commonwealth of Pcnn- 
 syhania are hereby authorized and empowered to ad- 
 minister the oath necessary to the proving of the 
 claims made, as provided by section two of this act, 
 but no charge lor administering such oath is to be 
 made by any saUiried game protector : Pro\ided, 
 That special deputy game protectors shall supply 
 s<'als at their own expense for such work. 
 
 Section 7. It shall be unlawful for any person, at l'r'>iiii'iti<'iis. 
 any time, to collect, or to attempt to collect, a boun- 
 ty for the killijig of any animal nam(>d in this act, 
 the front of the face of which is s])lit befoio presen- 
 tation to the persons autlKtiized to take affidavits 
 under the provisions of this act; or to, at any time, 
 collect, or attempt to collect, a second bounty for the 
 killing of any animal under the provisions of this 
 .net; or to coll(>ct, or to attempt to collect, such 
 bounty through the presentation of the skin or car- 
 cass, or any part thei-eof, of any animal ):ot named 
 in this act, or through deception of any character; 
 or to present, for the purpose of securing the bounty 
 provided for by this act, the skin or carcass, or any 
 part thereof, of an animal that has b(!en reared or 
 held in caj)tivity, or the skin or carcass, or any part 
 thereof, of any animal killed or captured outside of ^ 
 
 this Commcmwealth. Every person who shall wil- 
 fully or fraudulently collect, or attempt to collect, 
 any reward or bounty i)rovided for by this act, to 
 which he or they are not legally (ntithnl under tin; 
 ])rovisions of this act ; or shall aid or abet or assist, 
 in any capacity, official or otherwise, in any attempt 
 to defraud the State through the collection or pay- 
 ment of any reward or bouiity provided for by this 
 
106 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Misdcinennor. 
 I'oiialty. 
 
 Act of April 
 15, lOlf) (P. 
 L. 126), 
 citort for re- 
 peal. 
 
 Pondins 
 prosooiitions. 
 
 Acts iircviiius 
 roimiiittod. 
 
 When ef- 
 fective. 
 
 act, shall be guilty of a misdemeauor, and, upon con- 
 viction thereof, shall, in addition to the penalty that 
 may be imposed for perjury where a false affidavit is 
 made, be sentenced to pay to the T'omraouwealth of 
 Pennsylvania a fine of not less than one hundred 
 dollars or more than five hundred dollars ; or, in de- 
 fault of the payment thereof with costs, shall suffer 
 an imprisonment, in the common jail of the county 
 in which the affidavit is made, for a period of one day 
 in jail for eacli dollar of fine imjujsed and unpaid. 
 
 Section 8. An act, entitled "An act creating a re- 
 ward or bounty for the destruction of certain noxious 
 animals killed within the Commonwealth of Pennsyl- 
 vania ; providing a method for the payment of the 
 same ; and providing the method of furnishing evi- 
 dence of said destruction, and penalties for the vio- 
 lation of the several provisions hereof," approved the 
 fifteenth day of April, one thousand nine hundred 
 and fifteen (Pamphlet Laws, one Imndred and twen- 
 ty-six), is hereby repealed. 
 
 The repeal of the aforesaid act of Assembly shall 
 not affect any prosecutions pending at the date this 
 act becomes effective, nor prevent the institution of 
 any prosecution for violation of any provisions of the 
 aforesaid act committed prior to the date this act be- 
 comes effective, but all such i)endiug prosecutions 
 shall be terminated, and all such violations shall be 
 prosecuted, in the same manner and under the same 
 authority and with like effect as prior to the date 
 this act becomes effective. 
 
 Section 9. The provisions of this act shall be ef- 
 fective on and after the first day of June, one thou- 
 sand nine hundred and nineteen, and not prior to 
 that date. 
 
 Approved— The 23rd day of May, A. D. 1919. 
 
 W^L C. SPROUL. 
 
 X 
 
GAME, FISH, AND FORESTRY LAWS. 107 
 
 AN ACT. 
 
 Providing a method for the abatement of the penalty May 23, 
 as fixed by law for killing by mistake a deer or an 1919 r. l. 
 elk in this Commonwealth. 284. 
 
 Section 1. Be it enacted, &c., That from and after ^ggj. ^^^j ^j^ 
 the passage of this act, each individual who may by 
 mistake kill either an elk or a deer in this Common- Killed by 
 wealth, contrary to any law of this Commonwealth, mistake. 
 shall have returned to him one-fourth of the penalty 
 imposed by law for such offense and actually paid Abatemont 
 by him to a legally authorized representative of the of penalty. 
 Commonwealth, if such individual, to the best of 
 his ability, dress and hang up the carcass of the ani- Preparation 
 mal so killed, and shall, within twenty-four hours of carcass, 
 after such killing, make report of the wrong done to Report to 
 either a justice of the peace or a game protector or authorities, 
 a representative of the Department of Forestry, in 
 the neighborhood where the offense was committed, 
 and shall give to such person definite information re- 
 garding the place where such carcass may be found, 
 and shall, within the same period of twenty-four 
 hours after such killing, forward to the Board of 
 Game Commissioners at Harrisburg a statement in 
 writing, under oath, explaining when and where and 
 how such mistake was made. 
 
 Section 2. Said one-fourth of the penalty, imposed rj.^^^^ o^ re- 
 by law and paid into the hands of the Board of Game fund. 
 Commissioners at Harrisburg, shall be returned to 
 the said individual as quickly as possible after the 
 said board is satisfied that said killing was by mis- 
 take and was not intentional. 
 
 Approved— The 23rd day of May, A. D. 1919. 
 
 WM. C. SPROUL. 
 
108 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 June 20 til. 
 iyi9, P. L. 
 
 Game-pre- 
 serves. 
 
 Acquisitioa ol 
 
 laiKl lor. 
 
 Adjacent 
 land. 
 
 Buildings. 
 
 Lands from 
 Avliicli miner- 
 als .nre ex- 
 cepted. 
 
 Ai)|>roval of 
 III' <Jame- 
 Cominission- 
 ere or Con- 
 serration 
 Commission. 
 
 Title and 
 control 
 
 of land. 
 
 AN ACT. 
 
 Authorizing the Board of Game Commissioners or 
 the Conservation Commission to acquire, through 
 purchase or gift, lands for game-preserve purposes. 
 
 Section 1. Be it onactod, &o.. That the Board of 
 Game Commissioners or the Conservation Commis- 
 sion of the Commonwealth be, and hereby is, author- 
 ized to acquire, through purchase or gift, suitable 
 land whereon State gam^-preserves may be locatpd 
 and maintained perpetually in the manner provided 
 for by an act, approved the sixteenth day or A)>rii. 
 one thousand nine hundred and fifteen (Pamphlet 
 
 and thirty-ii\(\). (uititled "An act 
 
 establishmont. r(3g'ulation, and 
 
 Board of Game Commissioners of 
 
 reservations and 
 for violation of 
 
 Laws, one hundred 
 
 providing for the 
 
 maintenance by the 
 
 State game-preserves on the forestry 
 
 elsewhere, and providing penalties 
 
 the 
 
 'ht 
 
 this act." The Board of Game Commissioners or 
 Con.servation Conmiission is also authorized to pur- 
 chase land adjacent to land on which game-preserves 
 are located or to be located, and purchase or erect 
 .such btiildings as may be deemed necessary properly 
 to maintain and protect such game-preserves. Tlie 
 land which may be purchased hereunder shall liaclude 
 land from which underlying minerals are excepted or 
 have been excepted or conveyed, and land subject to 
 
 minerals. 
 
 shall be purchased under tlie 
 unless at the direction of a 
 majority of the Board of Game Commissioners or the 
 Conservation Commission. Tn any purchase the 
 president of the Board of Game Commissioners or 
 the Conservation Commission shall represent the 
 board. 
 
 The title to any such land shall be 
 Board of Game Commissioners or the 
 Commission in the name of the Com- 
 monwealth, and, when so acquired, the entire control 
 of such land shall be under the direction of the 
 Board of Game Commissioners or the Conservation 
 Commission. 
 
 rignt to mine such 
 Section 2. No land 
 ])rovisions of this act 
 
 P>. 
 
 Section 
 taken by the 
 Conservation 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 109 
 
 Section 4. No land shall be purchased at a price Price. 
 exceeding ten dollars per acre, excepting in cases 
 where buildings or cultivated lands are included in Annmnt. 
 the survey or are deemed necessary to the proper 
 maintenance of the lands desired, in which case the 
 Board of Game Commissioners or the Conservation 
 Commission are authorized to use their discretion re- 
 garding the price to be paid, nor shall the Board of 
 Game Commissioners or the Conservation Commis- 
 sion expend for the purchase of such lands an amount 
 in excess of fifty thousand dollars per annum, ex- 
 cepting for the first year after the passage of this 
 act, during which time one hundred thousand dollars, 
 if necessary, may be expcMidcd. The purchase price Payment, 
 of any such land shall be paid from the Resident 
 Hunters' License Fund. All payments for any sucli 
 land shall be made by checks drawn by direct requi- 
 sition on the Resident Hunters' License Fund, and 
 all accounts relative to the purchase of any such 
 
 the Auditor General in tJi«' 
 
 accounts of the Board of 
 
 now audited. 
 
 when so acquired, shall be Use of land, 
 used for the purpose of creating, protecting, and 
 maintaining perpetually a game-preserve. Such lands Taxation, 
 shall be exempt from the payment of all taxes, except 
 such taxes as apply to and are imposed upon State 
 forests. All taxes assessed against such land shall 
 be paid by the Board of <Tame Commissioners or the 
 Conservation Commission from the Resident Hunt- 
 ers' License Fund. 
 
 lands shall be audited by 
 same manner as other 
 Game Commissioners are 
 Section 5. Any land. 
 
 Approved— The 2(>th day of June, A. D. 1919. 
 
 WM. C. SPROUL. 
 
110 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 AN ACT* 
 
 ;fulv 8th ^^^ ^^^ betterment of the skunk, or pole cat, and 
 
 lyrj, p.L. muskrat; providing a method for the taking of 
 
 787. ' such animals ; and providing penalties. 
 
 Skunks and 
 rats. 
 
 Closed Eeasos 
 
 Unpermissibl* 
 nictliofls of tal 
 or captuiiiig. 
 
 Owners of la 
 
 Misdemeanor. 
 
 Penalty. 
 
 Section 1. Be it enacted, &c., That it shall be un- 
 lawful for any person to take, kill, or capture any 
 skunk, commonly called pole-cat, or muskrat from 
 the first day of March to the fifteenth day of No- 
 vember. 
 
 Section 2. It shall be unlawful for any person, 
 during the open or close sta.son, to take or capture 
 any skunk or muskrat from holes or dens by digging, 
 smoking, or the use of chemicals, or by hunting at 
 night time with dogs. 
 
 Section 3. Skunk and muskrat may be taken or 
 killed or captured at any time in any manner by the 
 owner or occupier of lands or by their families or em- 
 ployes. Such taking, killing, or capturing is author- 
 ized only on the lands held or occupied by such own- 
 er or occupier. 
 
 Section 4. Any person violating any of the provi- 
 sions of this act shall be guilty of a misdemeanor, 
 and, upon conviction thereof before any magistrate, 
 alderman, or justice of the peace, shall be sentenced 
 10 pay a fine of not less than ten dollars or more 
 than fifty dollars, or undergo an imprisonment in the 
 county jail one day for each dollar fine and costs. 
 
 Approved— The 8th day of July, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 *This is not a game law and is printed here only 
 for the information of sportsmen. 
 
GAME, FISH, AND FORESTRY LAWS. Ill 
 
 AN ACT. 
 
 Providing for the establishment of Auxiliary State July 2ist, 
 Game Preserves. \^,l?,' ^- ^• 
 
 Section 1. Be it enacted, &c., That hereafter, Auxiliary 
 whenever the owner or owners or the person in con- state game 
 trol of suitable lands of a total of not less than two P'<^-^' i"^'e- 
 hundred and fifty acres, nor more than four thousand 
 acres, shall desire to have said lands set apart as a 
 city of refuge for game and wild birds, they shall 
 petition the Board of Game Commissioners or the petition of 
 Conservation Commission of this Commonwealth, de- land owners, 
 daring their desires, and setting forth in said peti- 
 tion the location of said lands, with a description 
 thereof. 
 
 Secton 2. The petition of those desiring to have contents. 
 created an Auxiliary State Game Preserve in any 
 part of this Commonwealth shall state clearly that 
 the owner or owners or persons in control of such 
 lands are willing to vest in the Commonwealth all 
 right to hunt upon said lands, either without charge 
 or renumeration or for such rental as may be agreed 
 upon between them and the Board of Game Commis- 
 sioners or the Conservation Commission for the use 
 of such property ; that they, the contracting party 
 or parties of the first part, agree that neither they, 
 their families, their agents, their tenants, nor any 
 other persons, shall hunt thereon, by and with their 
 authority ; and that they will make every effort to 
 protect said preserve from hunting, and from vio- 
 lations of any nature. The petition shall set forth 
 that all agreements therein shall continue in force for 
 an uninterrupted period of not less than ten years, 
 and such longer period as may be desired by the pe- 
 titioners, and shall be indorsed by at least fifty quali- 
 fied electors of t&e county wherein said lands may 
 be located, and shall be presented to said board or 
 commission for their consideration and approval. 
 
 Section 3. If upon investigation, said Board or investigation 
 Commission aforesaid is satisfied that such lands are Boai-d of 
 suitable for the purpose mentioned, shall decide that <^?me Com- 
 the establishment of said Auxiliary State Game Pre- oonson-Ytion 
 serve is advisable, they shall thereupon enter into an Conunission. 
 
112 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Agr-eemont 
 ■with land 
 owners. 
 
 Notices. 
 
 nistancc frar 
 other preser\ 
 
 riult'.< and 
 Tt'sulations. 
 
 Piiblirati»<n 
 in news- 
 papers. 
 
 rnblio State 
 game pre- 
 serves. 
 
 figrcement in the form of a lea.se with those in con- 
 trol of such property, and shall declare said lands, 
 or any part thereof, an Auxiliary Game Preserve. 
 They shall cause said^lands, so designated as an aux- 
 iliary State Game Preserve, to be surrounded by a 
 single wire, as a marker, if same is not already sur- 
 rounded by a suitable enclosure. They shall cause 
 to be posted notices, not more than one hundred and 
 fifty yards apart, along the border of such Auxiliary 
 State Game Pre8erv(\ Such notices shall bear at the 
 head the words "Auxiliary State Game Preserve," 
 followed by a plain statement that it is unlawful to 
 trespass upon said lands at any time, or to hunt 
 thereon, except for vermin under and by written per- 
 mission of the Board of Game Commissioners or 
 Conservation Commission. No Auxiliary State Game 
 Preserve shall be established within a radius of five 
 miles from a State game preserve or another auxil- 
 iary State game preserve. 
 
 Section 4. The Board of Game Commissioners or 
 the Conservation Commission is hereby empowered 
 and authorized to formulate and have posted rules 
 and regulations regarding the protection and preser- 
 A'ation of game-birds and game-animals and song and 
 insectivorous birds on such Auxiliary State (^ame 
 Preserve, as to them may appear best suited to se- 
 cure the desired results, and such rules and regula- 
 tions, so formulated and published by posters by said 
 board or said commission as herein provided for. 
 .shall be the law of this Commonwealth controlling 
 such Auxiliary State Game Preserves. 
 
 Section 5. The Board or Commission shall cause 
 notice of their action declaring lands to be an Auxil- 
 iary State Game Preserve to be advertised for at 
 least one time each week, for threo consecutive weeks, 
 in at least two newspapers of general circulation in 
 the county wherein said Auxiliary State Game Pre- 
 serve may be located, and shall also have a suitable 
 notice published for at least two consecutive montlis 
 in not less than two sportsmen's journals, if theri^ be 
 so many jmblished monthly in tlie State 
 
 Secti<»n (5. The said Auxiliary State (Janr- Pi-e- 
 serve sliall thercujion be deemed to be a i)ublic State 
 game presei-ve. All violations (»f all rules and i-egn- 
 lations adopted by the Board of Gamf (^ommissionei-s 
 or the Conservation Commission to control Auxiliary 
 State (iame I'reserves, shall be punishable iind<-r tlie 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 113 
 
 same laws, rules, aud regulations, and the same pen- 
 alties be imposed for similar offenses, as now apply 
 or shall hereafter apply to State Game Preserves. 
 
 Section 7. The act, approved the twenty-ninth day 
 of May, one thousand nine hundred and seventeen 
 (Pamphlet Laws, three hundred and twenty-six), en- 
 titled "An act providing for the establishment of aux- 
 iliary State game preserves," and all other acts or 
 parts of acts inconsistent w/th the provisions of this 
 act, are hereby repealed : Provided, however, That 
 the repeal of any act of Assembly relating to game 
 preserves shall not affect any prosecution pending at 
 the date of the passage of this act, nor prevent the 
 institution of any prosecutions for violations of any 
 act committed prior to the passage of this act, but 
 all sucn violations shall be prosecuted in the same 
 manner and under the same authority and with like 
 effect as prior to the passage of this act : Provided 
 also. That any Auxiliary State Game Preserve cre- 
 ated under the provisions of said act of May twenty- 
 ninth, one thousand nine hundred and seventeen, 
 shall continue under the provisions of this act in like 
 manner and with the same effect as though created 
 under the provisions of this act. 
 
 Approved— The 21st day of July, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 Act of Mav 
 2{>tb. 1917 
 (P. L. :!1'6), 
 cite<l for 
 rep<^iil. 
 
 Repeal. 
 
 Proviso. 
 
 Pending 
 prosecutions. 
 
 Acts pre- 
 viously OOIll- 
 mitteti. 
 
 Proviso. 
 
 8 
 
114 GAME, FISH, AND FORESTRY LAWS. 
 
 BOARD OF GAME COMMISSIONERS. 
 
 Dr. Oharles B. Penrose, President, Philadelphia; John M. 
 Phillips. Pittsburgh; W. B. McCaleb, Harrisburg ; Geo. D. Gideon, 
 Philadelphia; Dr. H. J. Donaldson, Williamsport ; J. S. Speer, St. 
 Marys ; Seth E. Gordon, Harrisburg, Acting Secretary. 
 
 NOTICE. 
 
 Commonwealth of Pennsylvania, 
 Office of the Board of Game Commissions, 
 
 Harrisburg, Pa., August 15th, 1919. 
 
 Tho Game Commisison of Pennsylvania vvdshes it to be fully 
 and distinctly understood that they are trying to interpret and 
 enforce the game law of this State according to their idea of 
 its sipirit and purpose, ratlier than its exact wording. For in- 
 stance, the law says that no person shall have a game bird in 
 possession except during a certain season, nor shall anyone have 
 in poss(>ssion at any time a bird of a kind known as "a wild- 
 bird other than a game bird," excepting under the provisions 
 of law. If upon investigation it develops that a bird of either of 
 these kinds was taken into possession through a spirit of kindness 
 and with the intent to benefit, or save the life of a suffering bird, 
 wo will construe this action to be in accord with what we under- 
 stand to be in the purpose of the law ; namely, a step toward the 
 preservation and protection of our birds, and one that should be 
 commended rather than condemned. 
 
 Again, while the letter of the law permits the Game Com- 
 mission or its duly authorized officers t© do certain things that 
 it forbids the ordinary citizen to do, we construe this to be a 
 provision intended to benefit the Commonwealth and not intended 
 to benefit the officer, and will in no instance permit such officer 
 to exercise a privilege of this kind for personal profit. We 
 will not permit one of our officers to lead an innocent person 
 into temptation for the purpose of collecting a penalty — either 
 for his own use or for the use of this office. For instance, the 
 law gives Game Protectors, for the purpose of securing evidence, 
 the right to buy or sell certain game, that may not be bought or 
 sold for any purpose by any other individual in the State, under 
 a penalty of twenty-five dollars. A country boy may kill a pheas- 
 ant, and a dollar to him may exceed several times over the value 
 of the bird. We will not permit any of our officers to lead such a 
 person into a voilation of the law for the purpose of collecting a 
 
GAME, FISH, AND FORESTRY LAWS. 115 
 
 penalty. Neither will we, for the purpose of making a case, per- 
 mit an oflBicer to sell game to an unwary and entirely inuocont 
 individual, who may be hunting. But where we are led to believe 
 persons are wilfully and deliberately violating the law, either 
 through the purchase or sale of game of a kind the purchase or 
 sale of which is forbidden, we feel that it devolves upon us to 
 break up such practice, and will do our best to secure the neces- 
 sary evidence to attain that end. 
 
 The game law of this Commonwealth provides that game killed 
 in this Commonwealth may be had in possession at certain times 
 only, and imposes a penalty for having such game in possession 
 at any other time. We do not understand the intent of tins law 
 to arbitrarily mean that men may have game in possession only 
 at a certain time, but, instead, was intended to safeguard the 
 lives of game birds or animals, by making the possession of game 
 out of season an evidence that the game in question was killed 
 illegally. Therefore, where it is evident that a deer or any 
 other animal, or bird, was not killed by the man having it in 
 possession, or through his instrumentality, — as for instance a deer 
 killed by a railroad train, we can see no good reason why some 
 human being may not be benefited through using the fle.sli of such 
 animal, rather than to have it rot upon the ground or become the 
 food or dogs or crows. 
 
 Again, an act passed by the Legislature of 1909 says the un- 
 naturalized foreign-born resident may not hunt, or shoot, in tliis 
 Commonwealth and to that end shall not be possessed of oitlier 
 shotgun or rifle. This last provision to our minds moans a 
 shotp-un or rifle that can be used to shoot with, not some old 
 and useless gun, or a part thereof, and we will not permit any 
 officer under our appointment to use this act for either a purpose 
 of persecution or to secure dollars to his own profit. 
 
 These illustrations cover the principle we have ad(^pted as 
 our guide. We are striving to preserve the game and wild bir<ls 
 of the State for the benefit of all the people of the State. Wild 
 birds, because of the value of their life work; game birds for the 
 same reason, and in addition, the value to a man of an outing in 
 pursuit of such game and its value as a food supply. In con- 
 formity with these ideas the Game Commission proposes to prose- 
 cute and punish all violators of the game laws that may come 
 to their notice. It will thankfully receive", and hereby earnestly 
 invites, any information relative to violation of the game laws of 
 the State. We ask that letters upon this subject be made as 
 comprehensive as may be, giving, as far as possible, the name of 
 the offender, the location, the nature of the offense, and the date 
 upon which it was committed, with the names of witnesses and 
 the postoffice address of the same, so that we may be able to 
 investigate quickly, intelligently and with as little expense as 
 possible. 
 
116 GAME, FISH, AND FORESTRY LAWS. 
 
 Thif< Inquest includes misconduct upon the part of our officers 
 :is well us violations of the game laws. The name of any person 
 giving us information in this way will be held strictly confidential. 
 
 We have many officers whom we have never met, and of whom. 
 ]i(is<»iially, we know nothing. They have come to us recommended 
 hy tlie friends of game protection in the several communities in 
 whicli thev may reside ; we cannot hope to know of unfair or 
 unjust treatment upon the part of these men, unless those who 
 do know of it notify us, and we ask you to help us in this matter 
 as w(]l as any other feature of the work. We want the enforce- 
 nit'iit of rlie Game Law to be clean and just in all ways. 
 
 Respectfully yours, 
 
 SETH E. GORDON, 
 Acting Secretary, Game Commission. 
 
GAME, FI»H, AND FORESTRY LAWS. 11' 
 
 SUMMARY OF THE IMPORTANT PROVISIONS OF TIIi: 
 GAME LAWS OF PENNSYLVANIA. 
 
 All letters on the subject of game, song, or insectivorous birds, 
 should be addressed to the Secretary of the Game Commission, 
 at Harrisbnrg. 
 
 A Game Protector is authorized to enter upon any land within 
 the State, in the line of his duty, for the purpose of enforcins 
 the law, but he has no right, as an individual, to hunt, or in any 
 manner trespass, upon posted lands, contrary to the wish of the 
 owner thereof. 
 
 A Game Protector is authorized to act anywhere in the State. 
 
 All Game Protectors, and Special Deputy Game Protectors of 
 the Commonwealth of Pennsylvania, appointed by the Boanl of 
 Game Commissioners, Foresters, Forest Rangers, Fish Wardens, 
 and Deputy Fish Wardens, also all members of the State Police 
 authorized by act of May 2. 1905, are vested with like powers, and 
 have the right to arrest without warrant, or to search tlie person 
 or property of any one they may catch in the act of violating any 
 game law, or the forestry laws, or the fish laws of the Common- 
 wealth, or whom they may catch in pursuit immediaiclii folhyirina 
 the act, or whom they have reasonable cause to suspect of Iiaving. 
 vithm a limited time, violated any of tlie game laws of the Stat*-. 
 But they are not authorized to arrest or search without warrant, 
 after the offender has once reached his place of resideiUM*, unless 
 they were actual witnesses to the violation and as rajridJij as pos- 
 sihle followed the offender to that place. 
 
 The act of May 29th, 1917, makes it the duty of thes.- seviM-al 
 officers to sec to it that the laws of this State pertaining to For- 
 estry, Fish and Game are enforced. Final penalty for m-gi -etijig 
 or refusing to do as the law driects is removal from office. 
 
 Constables of the several wards, boroughs, and townships of 
 this Commonwealth are ex-officio game wardens, and hav^^ the samo 
 power throughout the county, wherein they are elect(Ml. as liave 
 the Protectors appointed by the Game Commission. 
 
118 GAME, PISH, AND FORESTRY LAWS. 
 
 Constables are liable to fine and imprisonment where they neg- 
 lect or refuse to enforce the game laws, after their attention has 
 been called to the matter, in a prescribed form. 
 
 Section 5, Act of March 22, 1889, page 12. 
 
 Any person or persons interfering with a Game Protector, or a 
 Forester, or a Forest Ranger, or a Fish Warden of this Common- 
 wealth in the discharge of his duty, or resisting arrest, is liable to 
 a penalty of one hundred dollars. 
 
 Section 4, Act of May 21, 1901, page 16. 
 
 A constable where he is the prosecutor is entitled to one-half 
 of the penalty recovered, and to ten dollars extra from the county, 
 for each conviction secured for violation of the game, or forestry 
 laws, except the Resident Hunter's License Law and the alien 
 gun and dog laws, under which acts there is no division of penal- 
 ties. Game Protectors and Special Deputy Game Protectors are 
 not so entitled. 
 
 Any citizen of the Commonwealth has the right to prosecute 
 
 for violatoin of the game laws and is entitled to one-half of all 
 Dcnaltios recovered, except in the case of the Resident Hunter's 
 License Act, and the alien gun and dog laws, where all the penalty 
 goes to the Commonwealth. 
 
 Attention is called to the fact that the one who prosecutes for 
 \iolation of the game law is entitled to part of the penalty recov- 
 ered, not the one who is simply the informer. 
 
 ^^'here a person is caught in the act or is arrested for voilating 
 an^- law of this Commonwealth giving protection to game, song, 
 or insectivorous birds, he is to be tried summarily. 
 
 Section 34 of the Act of June 7th, 1917, page 85. 
 
 No unnaturalized, foreign-born resident can legally own or have 
 in possession a rifle or shotgun, or firearm of any kind, or can 
 hunt or shoot, within the Commonwealth. 
 
 Act of May 8th, 1909, page 22. 
 
 TIjc constitutionality of this act has been sustained by both 
 the Superior and Supreme Courts of the Commonwealth and by 
 the Supreme Court of the United States, see citation, page 200. 
 
 In all cases of conviction for violating any provision of the 
 Act of June 7th, 1917, wherein the defendant suffers imprisonment 
 instead of paying a cash penalty, all guns and shooting parapher- 
 nalia used in violation of law are declared forfeited to the State. 
 
 Section 2. Act of June 7th, 1917, page 59. 
 
GAME, FISH, AND FORESTRY LAWS. 119 
 
 A second conviction for violation of the game law compels im- 
 prisonment of the offender regardless of the cash penalty. 
 Section 2. Act of June 7th, 1917, page 59. 
 
 There shall be no hunting or shooting or chasing of game upon 
 the first day of the week, commonly called Sunday. Penalty, 
 Section 13 of the act of June 7th, 1917, page 69. 
 
 When an arrest is made for violation of that provision of the 
 game law prohibiting hunting on Sunday, the evidence and the 
 record must show that game or wild birds were hunted for or 
 killed : the kind of game or birds hunted, or killed, had best be 
 named. It will not do to simply charge the defendant with hunt- 
 ing or shooting on Sunday. The game laws of this State were 
 passed for the protection of game and wild birds and not to 
 preserve the sanctity of the Sabbath, and the courts have hold 
 that before a defendant can be convicted of violating this provision, 
 it must be proved that game or a bird of some kind protected by 
 this act was hunted or killed in Sunday. 
 
 It is therefore not a violation of the game law of this State 
 to shoot on Sunday at targets, or at a mark^ or at a crow, or a 
 hawk, or a fox, or at any other thing, not protected by the game 
 laws of this State. 
 
 All magistrates, justices of the . peace, and aldermen should 
 follow the form prescribed in the act violated, and their record 
 should show that this has been done. This will avoid trouble on 
 certiorari. 
 
 In receiving or drawing a complaint, for the violation of any 
 of the provisions of the game laws or fish laws of this State it 
 would be well to follow strictly the wording of the section violated, 
 and the record should show that this has been done. 
 
 The Record should show : 
 
 That an offepse was committed. The said offense was committed 
 within the jurisdiction of the court hearing the case. 
 
 That the prosecution was brought within the statutory time. 
 
 That the complaint was sworn to. 
 
 That a warrant was issued and the arrest made on said warrant 
 which was duly returned. 
 
 Or,— 
 
 That the arrest was made on sight without warrant. 
 
 The complaint made after the arrest of a person caus^ht in the 
 act of violating the law should state plainly the facts connected 
 with the arrest, and the provisions of law violated. 
 
120 GAME, FISH, AND FOKKSTllY LAWS. 
 
 Tli.it tlio defendant was present at the hearing. 
 
 Thai the evidence as offered on both sides was heard under 
 oj\th. 
 The iccord must show at least the substance of such evidence. 
 
 Tli«t the defendant was because of such evidence either convicted 
 or acquitted. 
 
 If convicted, that he was sentenced to pay the penalty imposed 
 by law before such person was committed to jail or was permitted 
 to upi»(>nl. 
 
 That upon refusal to pay said penalty and costs he was com- 
 initt<'d to the jail for a period of one dny for each dollar of penalty 
 and c<>s1s imposed. 
 
 Tiic killing of game except through the use of a gun is illegul. 
 exc('i)ting that rabbits when known to be destroying property mny 
 be klilc<l in any manner and rabbits undtn- certain conditions may 
 be taken in box traps. 
 
 Se<'tion 16. Act of June 7th, 1917, page 73. 
 
 Tlic use of what is commonly known as the automatic gun for 
 killing game in Pennsylvania is prohibited. This applies to all 
 kinds of automatic guns, rifles as well as shotguns. 
 
 l*ut <loes not apply to pump guns or lever guns, or to any gun 
 («\c(^l)t tliose that through the recoil i)roduced by the discluii-ge 
 of a loaded shell, ejects the empty shell, throws a loaded shell into 
 the b.'irr<>l and cocks the gun. 
 
 Act of May 31st, 1907, page 21. 
 
 This act was pronounced unconstitutional by the Court of Dcla- 
 wai-e County. The case was carried to the Superior Court on 
 appeal. On May 10, 1909, the Superior Court handed down its 
 decision reversing the ruling below and confirming the constitu- 
 tionality of this act. See citation among legal opinions, page 247. 
 
 I)n<l(M- the provisions of the laws of this Stale it is unlawful for 
 any person at any time, or for any reason, to hold in captivity, 
 or to kill or to attempt to kill or wound, certain birds known as 
 song and insectivorous birds and given protection under the name 
 of "Wild birds other than game birds." 
 
 Tt is unlawful to remove, or to attempt to remove, such l)ird 
 either living or dead, or part of such bird, from this State without 
 iiist receiving written permission to so do from the President of 
 the I5oard of Game Commissioners. 
 
 It is unlawful to sell, or to attempt to sell, or to have in pos- 
 session for sale, the skin or plumage, or any part thereof, of any 
 wild bin!, whether same is protected by our laws or not, that is 
 
GAME, FISU, AND FORESTRY LAWS. 121 
 
 either of a kind found in a wild state in Pennsylvania oi- tluit 
 may belong to any family of birds found in a wild state in tliis 
 Commonwealth. 
 
 Section 12. Act of June 7th, 1917, page 68. 
 
 A few birds whose lifework is considered more harmful than 
 beneficial may be killed at any time, such birds being speeifieally 
 named in Section 12, Act of June 7th, 1917, page 69. 
 
 It is unlawful to buy or to sell or to attempt to buy or sell, an 
 elk or deer or rabbit or squirrel or ring-neck pheasant or Hun- 
 garian (juail, or part thei-fof, that has been killed in a wild stale 
 in I'ennsylvania. 
 
 It is therefore lawful to buy or sell either of these animals or 
 birds that were kilh^d (jutside of this State. 
 
 It is unlawful to buy or sell, or to attempt to buy or sell, or 
 to have in possession for sale, a wild turk(!y, or a ruffed grous<', 
 or a quail, commonly known as Bob White, or a woodco<'k. killed 
 either within or outside of this State ; and, — 
 
 It is unlawful to sell in this State wild wjiter-fowl of any kind 
 that has been eithei* killed or brought into this State during that 
 lieriod beginning with .January first and ending September first of 
 each year, and the Federal law prohibits the sale of all migratory 
 game. 
 
 Section 27. Act of June 7th, 1917, page 79. 
 
 Nothing in this s«^<'tion attempts to interfere with the one who 
 may bring wild water fowl into this State at any time, for his 
 own use, or for any ]»uri»os<'. excepting that of sale. 
 
 Nothing in this section can he construed to alter or change the 
 open season for wild water fowl. 
 
 It is unlawful for any person to release game of any kind, either 
 animals or birds, for propagating purposes in this State, without 
 first having same ins])ected and passed by the Livestock Sanitary 
 Hoard of Pennsylvania. 
 
 Sections 10 and 27, Act of June 7tb, 1917, pages 67 and 80. 
 
 It is unlawful to kill game of any kind, eitlu-i- animals or birds, 
 except raccoons, duiing that ])eriod between sunset of one da.y and 
 sunrise of the day following; or to shof»t game either by d.'iy or 
 at night from an automobile. 
 
 Section Iti. Act of June 7th, 1917, page 7.3. 
 
122 GAME, FISH, AND FOllESTUY LAWS. 
 
 It is illo^al at any time to sot, lay or prepare or use any 
 kind of traj). snare, net, bird-lime, i)it-fall. doer lick, turkey 
 blin<l. turkey call, turkey pen, or any other kind of a contrivance 
 whatever, with intent to capture or kill any of the wild birds or 
 animals protecte<l by the laws of this State. 
 
 Or to use the device known as a silencer in hunting game. 
 
 Except that decoys may be used in hunting geese, ducks and 
 brant, that raccoons may be taken in any manner, and that box 
 trans may be used by persons under 14 years in taking rabbits on 
 lands whereon they reside. 
 
 And that rabbits may be taken in any manner when found to be 
 destroying property. 
 
 Not to exceed 20 decoys may be legally used in hunting wild 
 water fowl by one person at one time, or by any number of persons 
 joined together. 
 
 Section 17. Act of June 7th, 1917, page 74. 
 
 'i lie open season for deer in Pennsylvania is from the first day 
 to the fifteenth day of December, of each year, both days inclusive. 
 
 Eut one deer can be legally taken or killed in this Common- 
 wealth by one person during one season, which must in every 
 instance be a male deer with horns extending at least two inches 
 above the hair. 
 
 Section 15. Act of June 7th, 1917, page 71. 
 
 It is illegal to shoot at or kill or wound a feinale deer or a fawn 
 at a?iy time. 
 
 Section 15. Act of June 7th, 1917, page 71. 
 
 Excoj)ting that deer of any kind regardless of age or sex may be 
 killed by those owning or in control of property when such animals 
 are caught in the act of materially destroj-ing growing crops or 
 fruit trees. 
 
 Section 22 of the Act of June 7th, 1917, page 77. 
 
 And doer killed for this purpose may not be used for food by 
 the person killing such animals, or by any other private individual, 
 the Legislature clearly indicating its thought in this regard by 
 argument and its recorded vote on the Rudisil bill, in the 1917 
 session of the Legislature, this bill providing specifically that deer 
 killed as a protection to growing crops or trees might be used for 
 food by the person killing same. This bill was defeated, recalled, 
 and dofeated a second time. Because of these conditions we ask 
 that the carcass of any deer killed as a protection to property be 
 sent to some hospital or sanatorium or other public institution. 
 
GAME, FISH, AND FORESTRY LAWS. 123 
 
 Raccoons and rabbits may be destroyed in any mauner wlien 
 caught in the act of destroying property. 
 
 Section 16. Act of June 7th, 1917, page 74. 
 
 Rabbits may be taken by persons under 14 years of a^c thronsli 
 the use of box traps set on lands whereon such persons may reside. 
 Section 16. Act of June 7th, 1917, page 73. 
 
 Steel traps not to exceed a Standard No. 3 may b<> used for 
 catching wildcats, foxes, etc. 
 
 Section 16. Act of June 7th, 1917, page 74. 
 
 Quail and ring-necked pheasants may be trapped from the first 
 day of December to the first day of April for the purpose of keep- 
 ing them alive during the winter or for the purpose of separating 
 a covey, and all birds so trapped must be released as soon as the 
 weather is suitable in the spring. 
 
 Section 30. Act of June 7th, 1917, page 82. 
 
 Upland or grass plover can be legally killed from August 1st to 
 November 30th, under State Law. 
 
 Under National law upland plover may not be legally killed any- 
 where in the United States until after 1926. 
 
 Under the provisions of our State law ducks and geese commonly 
 called wild water fowl may be legally killed from September 16th to 
 the 31st day of January next following. 
 
 Section 14. Act of June 7th, 1917, page 70. 
 
 Under the provisions of National law wild water fowl may bo 
 killed in Pennsylvania only from the IGth of September to the .31st 
 of December, both days inclusive. 
 
 Under the provisions of our State law reed birds may be killed 
 from the first day of September to the 30th day of November. 
 Section 14, Act of June 7th, 1917, page 71. 
 
 Under an order of the Department of Agriculture, Washington. 
 reed birds may be killed during September and October. 
 
 Blackbirds may be taken as game from the first day of Aag«st 
 to the 30th day of November. 
 
 Section 14. Act of June 7th, 1917, page 70. 
 
 Under the provisions of the same section blackbirds may be 
 killed at any time by certain individuals when destroying property, 
 and by authority of the Game Commission at any time or place 
 where these birds have become a nuisance. 
 
V24 GAME, FISH, AND FORESTRY LAWS. 
 
 It is illegal to make use of what is known as buck-shot, in 
 limiting <lf'er, or to kill, or wound, or to attempt to kill or wound 
 jiny deer by or through the use of a gun of any kind propelling 
 or emitting more than one pellet, bullet, or ball, at a deer, through 
 a siiitrlo discharge. 
 
 Section 24. Act of June 7th, 1917, page 77. 
 
 It is illegal to kill or capture any deer in the waters of the 
 State. 
 
 Section 23. Act of June 7th, 1917, page 77. 
 
 It is illegal to "make use of a dog or dogs in hunting deer" in 
 til is: Statt'. 
 
 Section 23. Act of June 7th, 1917, page 77. 
 
 Any dog following u])on the track of deer or fawn within this 
 OoirmioTiwealth is declared to be a public nuisance, and may be 
 killed by any person when so seen. 
 
 Or by any officer of the State whose duty it is to protect the game 
 of the State, within two years, from the date of the commission of 
 the offense. 
 
 And the owner or person harboring such dog shall be liable to 
 a i)en:'.lty of $25 for each deer or fawn pursued, and $50 for 
 each «leer or fawn killed by such dog, running at large without 
 the aid of its master. The owner of a dog that may chase elk 
 is liable to a penalty of $50 for each elk pursued and $100 for 
 cacli flk killed by such dog; and double these amounts when dogs 
 are allowed to run deer or elk after notice, the penalty to be col- 
 lected as are other penalties under the provisions of this act. 
 
 Section 25. Act of June 7th, 1917, page 78. 
 
 I*>y section 19 of the act of June 7th, 1917, page 75, elk in this 
 State are given absolute protection until December Ist, 1921, after 
 which time a male elk having not less than 4 points to an antler 
 may be killed by still hunting. 
 
 Dogs of any description may be killed by the owner or lessee 
 of lands on which they are found, or by any officer of the State 
 whose duty it is to protect the game of the State, when pursuing 
 small game of any kind out of season, anywhere within the Com- 
 monwealth, unless the dog wears a collar bearing the name and 
 address of the owner, in which case notice must be given before 
 the dog is killed. 
 
 In case the dog so running small game wears a collar bearing 
 the name of the owner, notice in writing must be given before the 
 doi' can be legally killed. 
 
 Section 26. Act of June 7th, 1917, page 79. 
 
GAME, FISH, AND FORESTRY LAWS. 125 
 
 Special attention is called to the fact that under the provisions 
 of the above section the owner or person harboring a dog wlio 
 permits such dog to chase small game contrary to law is liable to 
 a penalty of .$10 for each day his dog chases game aftoi- notice as 
 therein provided for, and in addition to a penalty of .$5 for eacli 
 game bird or rabbit killed. 
 
 Dogs, when accompanied by and under control of thrii- masters. 
 may be trained upon any of the living wild game or birds in this 
 State, excepting elk and deer and fawn or wild-turkeys, from the 
 first day of September to the first day of March next followinu. 
 Sunday excepted, so long as no injury is inflicted upon said animals 
 or birds. 
 
 Seized guns and hunting paraphernalia will be sold uiUess fine 
 and costs are paid, and the fact that imprisonment is sutfennl will 
 not effect the release of these articles. 
 
 Section 2. Act of June 7th, 1917, page 59. 
 
 Costs cannot be imposed upon oflicers. whose duty it is to enforce 
 the game laws. Said costs must be paid either by the defendant 
 or by the county. 
 
 Act of April 16, 1903, page 18. See citation page 256. 
 
 'L'he possession of game or wild birds, except under the pn (visions 
 of law, is prima facie evidence that same was taken illegally. 
 Sections 20 and 29. Act of June 7th, 1917, pages 76 and 81. 
 
 It is illegal to ship or remove, to attempt to ship or remove 
 from this State, or to knowingly permit the shipment oi- removal 
 out of this State of any game bird or game quadruped, except 
 when it is to be returned to the State, except by those who liave 
 paid a non-resident license. 
 
 Penalty not less than $10, or more than $200 and six months 
 imprisonment. 
 
 Section 33. Act of June 7th, 1917, page 84. 
 
 Non-residents who have paid the license can carry certain game 
 out of the State under certain restrictions. 
 Section 33. Act of June 7th, 1917, page 85. 
 
 It is illegal to ship game of any kind at any time by pareel-post. 
 or to ship or in any manner transport, game classed as small game 
 from one point to another point in the State, except when same 
 is accompanied by the owner thereof. 
 
 Game classed as large game may be shipped by express or by 
 freight under certain conditions. 
 
 Section 32. Act of June 7th, 1917, page 8.; 
 
126 GAME, FISH, AND FORESTRY LAWS. 
 
 Common carriers and the operators of automobiles are forbidden 
 undor penalty to carry game of any kind out of the State, except- 
 ing in cases where such game is owned by a non-resident hunter, 
 who has legally killed same in this State, and in the case where 
 same legally killed in this State must of necessity go out of the 
 State to roach another part of the State. 
 
 Section 33. Act of June 7th, 1917, page 84. 
 
 The provisions of our game law regarding the shipment of game 
 within the State do not apply to those parts of either animals or 
 birds intended to be preserved as trophies. These may be shipped 
 an any time and in any manner when properly marked showing the 
 contents for mounting purposes, to taxidermists anywhere within 
 the State, but they cannot be shipped or carried out of the State. 
 
 Section 32. Act of June 7th, 1917, page 83. 
 
 It is unlawful to kill or capture a bear between the 15th day 
 of December and the 15th day of October, and but one bear can 
 be killed by one person each season. 
 
 Or to have in possession any bear or cub caught or taken during 
 
 that time. 
 
 Our law provides that it is unlawful to take or kill a bear 
 til rough the use of a trap or a pen. 
 
 But because of the disposition of bear to wander far and to 
 destroy property, and because of the inherent fear in^ many that 
 1)ear may injure them, we would not question the right of any 
 person to kill a bear that may be caught in the act of destroying 
 property, or in a pursuit started immediately after that certain 
 bear has committed depredations on the property of the pursuing 
 party. 
 
 Under such conditions we maintain that the protection provided 
 for bear as game does not apply and ruled that as a protection to 
 oitlicr person or property an individual may exercise the right to 
 kill a bear in any way that may be necessary to insure desired 
 results; whether that be through the use of a trap, or a pen, or in 
 any other way. 
 
 Tt is illegal to use ferrets in hunting rabbits. 
 I'enaltv, $25. 
 
 Ferrets used in violation of law to be killed. 
 Section 18. Act of June 7th, 1917, page 75. 
 
GAME, FISH, AND FORESTRY LAWS. 127 
 
 Ferrets can not be had in possession except under license secured 
 from the Game Commission. 
 
 Section 5. Act of June 7th, 1917, page 61. 
 
 It is illegal to sell ferrets as the agent of some person or firm 
 located outside of this State. 
 
 Section 5. Act of June 7th, 1917, page 62. 
 
 It is illegal to hunt or pursue or follow after with intent to 
 kill or injure web-footed wild fowl (ducks, geese or brant), from 
 or with any craft propelled by any means other than oars, pole, 
 or hand paddles. 
 
 Penalty $50 per day for each day such illegal craft may be used, 
 and forfeiture of all boats, guns, and shooting paraphernalia used 
 in violating the law. 
 
 Section 17. Act of June 7th, 1917, page 74. 
 
 Under this provision it is a violation of the law to carry or 
 convey a duck boat through the use of a motor boat into proximity 
 of water fowl, and to then finish the pursuit and do the shooting 
 from a boat propelled by paddle. 
 
 It is illegal to hunt or kill for wages or hire, directly or indi- 
 rectly, any deer, or fawn, ruffed grouse, commonly called pheasant, 
 quail, commonly called Virginia partridge, wild-turkey or wood- 
 cock, or game of any description. 
 
 Penalty $25. 
 
 Section 31. Act of June 7th, 1917, page 82. 
 
 Beaver are protected at all times. 
 
 Penalty $100. 
 
 Act of March 17, 1903, page 17. 
 
 Skunks and muskrats are protected from the first day of March 
 to the fifteenth day of November, except when destroying property. 
 Act of July 8th, 1919, page 110. 
 
 Wood(>hucks or ground hogs, red or pine squirrels, possums, 
 foxes, wildcats, minks, weasels and porcupines can be killed at any 
 time. 
 
 It is not a violation of the Resident Hunters' License Act to 
 hunt for or shoot at any unprotected animal or at any unpro- 
 tected bird, or at targets, or at any other thing not protected by 
 the Game laws of this State, witlwut being first possessed of such 
 license. " 
 
 This law requires only those who hunt for game animals, or 
 game birds, to secure this Resident Hunters' License, and it per- 
 
128 GAI^IE, FISH, AND FORESTRY LAWS. 
 
 iiiits the owner or lessee of lands within the Commonwealth Mho 
 reiiUicH upon and cultivates such lands to hunt thereon without 
 s«>cni-inj>- the license. It also permits sudi owner or lessee to hunt 
 on lands immediately connected with his lands, if he has permission 
 to jj;o thereon from the one in control thereof. 
 
 Nothing in this Act attempts to give the right to anyone to luint 
 on lands contrary to the wishes of the one who controls such lands 
 and does not in any manner conflict with the trespass laws of the 
 Stat<'. 
 
 IMh; Resident Hunters' License can be secured from any County 
 Ti-easurer, or from Justices of the Peace, who have arranged 
 with lii<> County Treasurer to issue these licenses for him. 
 
 The cost is one dollar to the Treasurer and one dollar and fifteen 
 cn-nts to the Justice, and the license is good only during the year 
 the dal(> of which it bears. 
 
 Under the law a tag must accompany each license; the tag must 
 be worn on the back of the arm, when hunting. The license and 
 tag nuist be numbered. See to it that the number on the license 
 and tag issued to you are the same. 
 
 The license must be carried when hunting and must be exposed 
 to view upon demand of those in authority. 
 
 Persons under the age of 14 years cannot secure a license and 
 persons between the ages of 14 and 16 years can secure such license 
 only ui»(m the presentation of a written request for same, by the 
 pannit or guardian of the applicant. 
 
 Citizens of this State only are permitted to hunt under the pro- 
 ^ isions of this license, and County Treasurers must see to it that 
 unnatuialiKcd residents of the State are not hid to think they may 
 hunt, b(H'ause a license has been issued to them. In fact the 
 County Treasurers must require foreign-born residents to present 
 their naturalization papers before issuing a license to persons of 
 foreign birth. 
 
 \\\ license fees and all penalties collected for violation of any 
 pi'oxision of this act go direct from the person collecting the 
 same to the State Treasury, to be there held as a fund separate 
 and apart for the purpose of game protection and increase, and 
 can be taken from such Treasury. only by Act of Assembly. Every 
 cent so taken must be accounted for by voucher to the Auditor 
 General. 
 
■ i GAME, FISH, AND FORESTRY LAWS. 129 
 
 One-half of all moneys collected through or because of this Act 
 when needed must be applied to the payment of bounties, the re- 
 mainder goes through Acts of the Legislature, to the Game Com- 
 mission, to ho uspd by them in manner as directed by the Legis- 
 lature. 
 
 Not one cont of the money collected under the provisions of this 
 Act can bo used oxcopt by Legislative onaotmoiit. 
 
 All non-residents, such persons boiug citizens of the United 
 States, must secure a Non-resident Hunters' License before hunt- 
 ing or trapping in Pennsylvania and must wear the non-resident 
 tag just as resident hunters arc required to wear the Resident 
 Hunters' tag. 
 
 Fee $10. Penalty $25, and forfeiture of all gunning parapher- 
 nalia found in possession of arrested parties. 
 Act of May 3rd, 1917, page 52. 
 
 The above Act requiring non-residents to secure a licens(! before 
 hunting or trapping for any bird or animal, either game or other- 
 wise, in this Commonwealth, was passed to protect game and the 
 interests of our citizens in general, and especially the farmers of 
 our border counties. It is just as necessary for a non-resident to 
 secure such license before beginning to hunt or trap for wood- 
 chucks, foxes, weasels, etc., as it is to hunt for game. 
 
 Non-resident hunters having a license are permitted to carry 
 out of the State with them game, excepting elk, in quantity not 
 exceeding in one season the quantity that such person may legally 
 kill in one day. 
 
 Section 3.^. Act of .July 7th, 1917, page 85. 
 
 Game of all kinds killed in a wild state in tliis State may be 
 hold in possession during the open season for sucli game and for 
 30 davs thereafter. 
 
 Section 28. Act of June 7th, 1917, page 81. 
 
 Remember, therefore, that when a deer or a number of deer are 
 brouglit out of tbo woods on the last day of the season that they 
 must be eonsumed before the 15th day of .January next following. 
 This is the law. If hunters are not disposed to abide by its pro- 
 visions thoy need not kill the deer. If game of any kind is taken 
 at all. it is taken under the provisions of the law and of all the 
 law. If it is taken and held in possession after the lapse of thirty 
 days after the close of the season the holder thereof must be pre- 
 pared to abide by the consequences. 
 
 9 
 
130 GAME, FISH, AND FORESTRY LAWS. 
 
 r 
 
 Camps and hunting parties are limited to six male deer and 
 tliree bear for one season. No difference how many men may camp 
 or hunt together no more than this number may be taken by such 
 body of men. If six men or less hunt together they are entitled 
 to take one deer each. 
 
 Section 21. Act of June 7th, 1917, page 76. 
 
 Each person in whose possession or under whose control a deer 
 illegally killed or any part thereof may be found is liable to the 
 full penalty imposed by law for the illegal killing of deer. 
 
 Section 20. Act of June 7th, 1917, page 76. 
 
 Each person who knowingly uses game that has been illegally 
 killed, or who knowingly aids or assists in the concealment of 
 game illegally killed, or who knowingly has game illegally killed 
 in i)ossession with intent to use or conceal the same is liable to the 
 full penalty imposed bv law for the unlawful killing of such game. 
 
 Section 15. Act of June 7th, 1917, page 72. 
 
 Game Protectors are authorized to administer oaths in all mat- 
 ters pertaining to violations of the game law. 
 Section 20. Act of June 7th, 1917, page 76. 
 
 Where persons refuse to be sworn or to answer questions the 
 game in question is forfeited to the State. 
 
 Section 20. Act of June 7th, 1917, page 76. 
 
 It is unlawful either by standing on watch or otherwise to kill, 
 or to attempt to kill, a second deer in any one season. 
 Section 15. Act of June 7th, 1917, page 71. 
 
 Tlie person who owns or harbors a dog that pursues a deer for 
 the distance of one-half mile is liable to the penalty imposed by 
 law for using dogs to hunt deer. 
 
 Section 23. Act of June 7th, 1917, page 77. 
 
 Special attention is called to the Act requiring the owner of 
 \ dogs to secure a license tag and providing for the killing of un- 
 licensed dogs. Page 88. 
 
 Elk and deer are fond of salt and are benefited by salt just as 
 much as are cattle, and it is not a violation of the law of this 
 State to place salt where deer may secure it. But it is a violation 
 of law to create a deer lick with intent to attract deer so that 
 they may be killed at the lick, or to kill deer at a lick no matter 
 what the reason for its creation might be. 
 
 Special attention is called to the fact that the laws of this State 
 no longer permit the killing of birds other than game birds for so- 
 called "scienific study," it being considered that enough life had 
 
GAME, FISH, AND FORESTRY LAWS. 131 
 
 been destroyed and enough written to cover all necessities in this 
 direction for ages to come. Therefore no certificates will be issued 
 to taxidermists for this purpose, and the mounting of bird skins 
 for sale can not be permitted. 
 
 All taxidermists must secure a license before beginning to operate 
 in Pennsylvania and no license of this kind will be issued to those 
 who claim to have secured their knowledge of this work entirely 
 through correspondence schools. 
 
 Taxidermists have the right to receive and cure and mount the 
 skins of birds and animals that have been legally killed in this 
 State. They have no right to kill, one bird or animal through or 
 because of their certificates. 
 
 The Game Commission holds that the words "legally killed" 
 mean "not illegally killed", so that it would not be an offense to 
 mount the skin of a bird accidentally killed. 
 
 Certificates to take birds, their nests and eggs for scientific 
 study are limited to teachers of ornithology in public schools, and 
 to men connected with public museums. 
 
 Section 3. Act of June 7th, 1917, page 60. 
 
 Persons desiring to raise game in preserves for either sale or 
 gift must secure a license and must make report to the Game Com- 
 mission. 
 
 Section 7. ' Act of June 7th, 1917, page 63. 
 
 The act forbidding the unnaturalized foreign-born resident to 
 hunt or shoot or to even be possessed of a gun, was passed by the 
 Legislature and signed by the Governor on the 8th day of May, 
 1909, and has been pronounced constitutional by the Superior 
 Court, and Supreme Court of this State, and by the Supreme Court 
 of the United States. 
 
 See citation No. 46, page 250. 
 
 The Superior Court has ruled that it was a violation of the Act 
 <if May 8th, 1909, for an alien to run or manage a shooting gallery. 
 See citation page 252. 
 
 The Act of June 1st, 1915, forbidding aliens to be possessed of 
 a dog was passed as a protection not only to our game but also a 
 protection to our cattle and sheep and other livestock, and to our 
 people as well. Many of our alien residents raising dogs appear 
 to think they can raise these animals in numbers and^ turn them 
 loose on the community to pick up their living. To make this act 
 constitutional it was necessary to include all aliens in its pro- 
 visions. 
 
 See the Act of June 1st, 1915, page 49. 
 
132 GAME, FISH, AND FORESTllY LAWS. 
 
 The status of National Law relative to the killing, sale, etc., of 
 migratory birds, and the regulations pertaining thereto, as it affects 
 our law is referred to fully in the summary of Game Laws, page 
 13:5. 
 
 Attention is called t<» the fact that this National law controls 
 and limits State laws relating to migratory game birds in all cases 
 where the State law conflicts with the National law, in a manner 
 tending to lengthen the season as fixed by said National law, but 
 it does not attempt to alter or in any manner change laws enacted 
 by the State, that are within the time limit as fixed by sai<l 
 National law. 
 
 In other words a State may shorten the time during which, as 
 fixed by the National law, game may be killed, but no State has 
 the power to lengthen that time. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
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INDEX TO G4ME LAWS 
 
 A. 
 
 Vngc. 
 
 Abatement of penalty for killing- a deer oi- elk by mistake, 107 
 
 Acknowledgment of offense, right of, 2.'j-o5-40-43-52-r);j-87-l()7 
 
 Action, time limitations 24-34-39-r)T-8ij-3 07 
 
 Address, Game Commission " 114 
 
 Advertisement by Game Commission .o()-112 
 
 Aflidavit, 24-30-.S4-89-51-60-7G-77-S5-102-10;M07 
 
 AfRdavit, bounty, taken by Game Protectors without fee, 105 
 
 Affidavit, bounty, taken by ' Justices, Special Deputy Game Protectors 
 
 and other officials, 102 
 
 Aid in makint; arrests 10 
 
 Alderman to take affidavits in claims for bounties 102 
 
 Alderman not to mutilate skin or pelt in claim for bounty, lO.H 
 
 Aliens, unnaturalized, not to be possessed of shot;i;uns, ritlcs, rcvnlvers 
 
 or dogs 22-4t> 
 
 Anatidae, game birds (See waterfowl) 58 
 
 Animals and birds destructive to game 60 
 
 Annual report from propagating plant H4 
 
 Annual report from taxidennist 02 
 
 Apparatus, forfeiture of 10-22-31-33-44-50-59 
 
 Appeal, right of 19-35-40-43-55-80 
 
 Application of fines and penalties 16-19-25-34-37-30-45 51-55-80 
 
 Application for certificate to take birds 60 
 
 Application for certificate to practise taxidermy,, 62 
 
 Application for certificate to operate propagating plant, (!3 
 
 Application for license to breed, sell or have ferrets in possession, . . 01 
 
 Appointment of Game Commissioners, 
 
 Appointment of Game Protectors 10 
 
 Appointment of Special Depiity Game Protectors, «. 20 
 
 Arrests, aid in making 16 
 
 Arrests, on Sunday 1 2-15-23-50 
 
 Arrest, resisting or interferring with, 10-32-43-55 
 
 Arrest, without warrant 12-15-23-31-37-44-50 
 
 Artificial lights prohibited 73 
 
 Automatic guns 21 
 
 Automobiles, game not to be killed from, 73 
 
 Auxiliary Game Preserves, public, establishment of Ill 
 
 B. 
 
 Ball or bullet in hunting deer 77 
 
 Bam Swallow, protected 68 
 
 Bam Owl, protected 68 
 
 Barred Owl, not protected, 69 
 
 Bay or Canada Lynx, commonly called wild-cat, bounty on, 102 
 
 Bear, game animal, 58 
 
 Bear, open season foi', 70 
 
 Bear, number that may be killed by one person 71 
 
 Bear, number that may be legally killed by one camp or party, 76 
 
 Bear, may be killed as protection to person or property, 72 
 
 Bear, may be killed by Game Commission when becoming nuisance, . . 72 
 
 (137) 
 
138 INDEX. 
 
 Page. 
 Bear, may be killed when a nuisance in counties opened by Game Com- 
 
 missioUj 72 
 
 Bear, may be sliipped when properly marked, except by parcel post, 83 
 
 Bear,, taking in steel traps, dead-falls or pens, prohibited, 73 
 
 Beaver, protected at all times, 17 
 
 Bee-bird, protected, 68 
 
 Belgian or German Hare, no license required to breed or sell 81 
 
 Birds, may be taken under certificate 60 
 
 Birds, nests and eggs protected, 67 
 
 Birds, not to be kept in cages 68 
 
 Birds, other than game birds, protected at all times, 68 
 
 Birds, other than game birds, not protected, 68 
 
 Bitteni, protected, 68 
 
 Black-cap, protected, 68 
 
 Black Bird, game bird, 58 
 
 Black Bird, open season for, 70 
 
 Black Bird, may be killed as a protection to property 71 
 
 Black Bird, may be killed under direction of Game Commission, .... 71 
 
 Black Squirrel, game animal (see squirrel), 58 
 
 Blue Bird, protected, 68 
 
 Blue Finch, piotected, 68 
 
 Blue Heron, not protected, 69 
 
 Blue Jay, not protected, 68 
 
 Boat, forfeiture of to Commonwealth 16-22-31-33-44-56-59 
 
 Boat, kind that may be used in hunting, 74 
 
 Bobcat, or wihl cat, bounty on, 102 
 
 Bobolink, or Reed Bird, game bird, open season for, 134 
 
 Bought or sold, certain game cannot be, 79-80 
 
 Boundaries, to be marked, 36-42-112 
 
 Boimty, affidavit for, to be taken by Game Protectors without fee 105 
 
 Bounty, affidavit for to be taken by Justices, Special Deputy Game Pro- 
 tectors, etc., claimant to pay fee, 102 
 
 Bounty, oon noxious anmals, .• 102 
 
 Box traps, resident under 14 may take rabbits with on lands whereon 
 
 they reside, 73 
 
 Boys, between 14 and 16 to receive license to hunt by consent of 
 
 parents or guardian 27 
 
 Boys under 14, not to receive license to hunt 27 
 
 Boys under 14 may take rabbits in box traps on lands whereon they 
 
 reside, 73 
 
 Brant, game bird (see Waterfowl) , 58 
 
 Broad-Avinged hawk, not protected 69 
 
 Buck deer with horns at least two inches above hair 70 
 
 Buck shot, not to be used in killing deer 77 
 
 Bullet or ball in hunting deer, 77 
 
 Bunting, protected ? . 68 
 
 Buzard, not protected 69 
 
 C. 
 
 Cages, birds not to be confined in, 68 
 
 Canaries, right to keep In cages, 68 
 
 Cardinal, or red bird, protected, 68 
 
 Cat Bird, protected, 68 
 
 Cats, legal status of, 248 
 
 Cedar bird, or wax wing, protected, 68 
 
 Certificates for taking birds, Ordinary, 60 
 
 Certificates for taking birds. Special, 61 
 
 Certificate for non-resident before hunting or trapping 52 
 
 Certificates for non-resident before hunting for game 26 
 
INDEX. 139 
 
 Page. 
 
 Certificate for propagating purposes 63 
 
 Certificate, forfeiture of, 61 
 
 Certificates not transferable 60 
 
 Chasing game on Sunday forbidden 69 
 
 Chat, protected, 68 
 
 Cheri*y Bird, protected 68 
 
 Chewink, protected 68 
 
 Chicadee, protected, 68 
 
 Chipping Sparrow, protected 68 
 
 Claims for boimty, procedure to procure, 102 
 
 Close season defined, 58 
 
 Closing comities to hunting for certain birds and animals, 37 
 
 Closure of county by Governor, 48 
 
 Collars on dogs, 78-89 
 
 Commitment of offenders 19-20-25-35-36-40-43-48-51-55-59-86-106 
 
 Common carriers, not to accept game for shipment out of State, 84 
 
 Common carriers, not to accept game for shipment unless properly 
 
 marked, 83 
 
 Concealment of game illegally killed punishable by full penalty, 72 
 
 Confiscated game, 15-31-44-56-76 
 
 Confiscated Paraphernalia 16-22-31-33-44-56-59 
 
 Constables, game wardens 12 
 
 Constables, to kill dogs, 78-94 
 
 Convictions, simimary '. 19-20-24-34-39-42-50-54-85-110 
 
 Coon, game animal (see Raccoon) 58 
 
 Cooper's Hawk, not protected, 69 
 
 Coots, game birds 58 
 
 Coots, open season for, State law 70 
 
 Coots, may be bought and sold 80 
 
 Costs of suit, liability for (also see citations, page 256), 18 
 
 County may be closed to hunting, 37-48 
 
 Coimty Treasurer to issue Non-Resident Hunter's Licenses, 53 
 
 County Treasurer to issue Resident Himter's Licenes, 27 
 
 Court decisions 239 
 
 Craft, certain kinds forbidden in hunting 74 
 
 Creeper, protected 68 
 
 Crow, not protected ^ . . . 69 
 
 Cuckoo, protected, 68 
 
 Curlew, game bird 58 
 
 Curlew, open season for, State law, 70 
 
 Curlew, not to be killed until after 1926 imder treaty with Canada 134 
 
 Cured or tanned skin may be had in possession if secured legally 69 
 
 D. 
 
 Deception of wild game forbidden 73 
 
 Decisions pertaining to game and fish, , 239 . 
 
 Decoys, for wild water fowl, may be used, 73-74 
 
 Decoys, may be forfeited 16-22-31-33-44-56-59 
 
 Decoys, number and distance apart they must be placed, 74 
 
 Deer, game animals, 58 
 
 Deer, buck with horns 2 inches above hair, open season for 70 
 
 Deer, number that may be killed by one person 71 
 
 Deer, number that may be legally killed by one camp or party hunting 
 
 together, 76 
 
 Deer, attempt to kill or wound a second by standing on watch or other- 
 wise prohibited, 71 
 
 Deer, does and fawns not to be shot at, 71 
 
 Deer, dogs chasing to be killed by any person, 78 
 
 Deer, killed in preserve properly licensed, 70 
 
140 INDEX. 
 
 Pagt. 
 
 Deer, killing of permitted when actually caught destroying crops, 77 
 
 Deer, killed as a protection to property must be sent to liospital or char- 
 itable institution, 122 
 
 Deer, killing at lick prohibited, 73 
 
 Deer, may be killed by Game Commission when becoming nuisance, .... 72 
 
 Deer, not to be bought or sold if killed in a wild state 79 
 
 Deer, not to be killed with gun discharging more than one ball, 77 
 
 Deer, not to be killed in water, 77 
 
 Deer, shipment by parcel post absolutely prohibited, S2 
 
 Deer, shipment of within State permitted when properly marked, 8.'-} 
 
 Deer, shipment out of State prohibited 84 
 
 Deer, shipment out of State, exceptions, 84-8.5 
 
 Deer, time same may be had after close of season, . 81 
 
 Deer, use of deceptions in taking, prohibited, 73 
 
 Deer, use of dogs in hunting forbidden, 77 
 
 Defendants may acknowledge offense and pay penalty 25-35-40-43-52-55-87 
 
 Deputies, special appointment and rights of 21 
 
 Designation of season 58 
 
 Destruction of birds' nests prohibited, 67 
 
 Destructive animals may be killed, 60 
 
 Disposition of boats, guns, etc., when seized 16-22-31-33-44-56-59 
 
 Disposition of game when seized 15-31-44-56-76 
 
 Disposition of penalties, 16-19-20-24-34-37-30-45-51-55-86-107 
 
 Does and fawns not to be shot at 71 
 
 Dogs, found running deer or elk may be killed by any person, 78 
 
 Dogs, found running small game may be killed by certain persons and 
 
 owners prosecuted 78 
 
 Dogs, in woods during deer season, prohibited, 77 
 
 Dogs may be killed upon aflldavit made within two years, 78 
 
 Dogs, legal status of 88-247 
 
 Dogs not to be possessed by unnaturalized foreign-bom residents, 49 
 
 Dogs, not to be used in deer hunting, 77 
 
 Dogs, owners or persons harboring to secure license for 88 
 
 Dogs, OAvners or person harboring, liable to penalty 77-78-79-88 
 
 Dogs, public nuisance, 78-79 
 
 Dogs, time for training 79 
 
 Domestic pets, wild birds not to be kept in confinement, 68 
 
 Double liability, when dogs chase deer or elk after notice, 78 
 
 Doves protected, 68 
 
 Downy Woodpecker, protected, 68 
 
 Duck, wood, absolutely protected by National regulation 
 
 Ducks, wild, game birds (see waterfowl), 58 
 
 Duck hawk, not protected, 69 
 
 Duplicate tags, mutilation or second use of, prohibited 66-67 
 
 Duplicate tags, to be returned to Game Commission 66 
 
 Duty of Assessors, 93 
 
 Diity of Constables 12-37-94 
 
 Duty of Court of Quarter Sessions, 14 
 
 Duty of Foresters, Forest Rangers, Game Protectors and Fish Wardens, 46 
 
 Duty of Game Commission, 10 
 
 Duty of Game Protectors 11 
 
 B. 
 
 Eagle, protected, 68 
 
 Eudcational purposes, animals and biids maintained for, 60 
 
 Eggs, and nests of wild birds, not to be disturbed, 67 
 
 Egret, absolutely protected 68 
 
 Egret plumes, not to be sold In tbls Commonwealth 68 
 
 Elk, game animal, 58 
 
INDEX. 141 
 
 rage. 
 
 Elk, killing prior to 1921 prohibited, 75 
 
 Elk, may be killed by Game Commission when becoming nuisance, .... 72 
 
 Elk, may be taken by still hunting only after 1921 75 
 
 English Pheasant (not ruffed grouse), game bird (see pheasant) 58 
 
 English Pheasant (not mlted grouse, game bird (see (pheasant), 58 
 
 Evidence, prima facie , 23-29-50-54-76-81 
 
 Evidence to be heard by Aldermen, Magistrates, and Justices of the 
 
 Peace 19-20-24-34-39-42-50-54-85-110 
 
 Expenses of Game Protector 16 
 
 Expenses of Special Deputy, neither State nor County liable for 21 
 
 Express Company, not to accept small game for shipment imless properly 
 
 marked and accompanied by owner S3 
 
 Express company, not to accept large game for shipment unless properly 
 
 marked 83 
 
 Express company, not to carry gam;2 out of State 84 
 
 Express company, not to carry game out of State, exception, 84-85 
 
 F. 
 
 Fawns and does, not to be shot at 71 
 
 Ferret, in himting, use of prohibited 75 
 
 Feiret, license to own, have in possession, breed or sell, 61 
 
 Ferret, to be killed, 75 
 
 Fees for certificates 61-63-64 
 
 Fee for bounty affidavit taken by officials other than paid Protectors to 
 
 be paid by claimant, 102 
 
 Fines, disposition of 16-19-20-24-34-37-39-45-51-55-86-107 
 
 Finch, protected, 68 
 
 Firearms, unnaturalized foregn-born residents forbiden to possess, .... 22 
 
 Firearms, use of prohibited in certain places 36-42 
 
 Fish Hawk, or Osprey, protected, 68 
 
 Flicker, protected 68 
 
 Fly-catcher, protected, , 68 
 
 Foreign-bom residents, unnaturalized, cannot be possessed of dogs, .... 49 
 Foreign-born residents, unnaturalized, cannot be possessed of shotguns, 
 
 rifles or pistols, 22 
 
 Forfeiture of boats, etc., 16-22-31-33-44-56-59 
 
 Forfeiture of certificate, 61 
 
 Forfeiture of dogs in possession cf aliens 49 
 
 Forfeiture of game and shootin? paraphernalia 16-22-31-33-44-56-59 
 
 Forfeiture of guns by unnaturalized foreign-bom residents, 22 
 
 Fowl, wild water, game birds (see water-fowl), 58 
 
 Fox not to be brought into this State or reared in captivity and released, 67 
 
 Fox, red and grey, bounty on, 102 
 
 Fox squirrel, gam.e anim.al (see squirrel) , 58 
 
 G. 
 
 Gallinules, game birds, 58 
 
 Game, acceptance of from paid guide prohibited, 82 
 
 Game, classification of, 58 
 
 Game, commerce in 79-80 
 
 Game Commission, appointment of, 9 
 
 Game Commission, Secretary of 11 
 
 Game Commission, duties of, 10 
 
 Game Commission, meetings of, 10 
 
 Game Commission, game laws not to apply to when acting for the State, 60 
 
 Game Commission, right to destroy vermin, 60 
 
 Game, concealment of when illegally killed, prohibited, 60 
 
 Game, disposition of, when seized, 15-31-44-56-76 
 
 Game, forfeiture of 15-31-44-56-76 
 
142 INDEX. 
 
 Page. 
 
 Game, hunting for wages or hire, prohibited 82 
 
 Game, importation of alive without inspection, prohibited, 67 
 
 Game, in transit, 84 
 
 Game, large, may be shipped within the State when properly marked, 
 
 without accompanying same 83 
 
 Game, limit of niunber ta, be taken, 71 
 
 Game, non-residents with license may carry out of State, 85 
 
 Game, not to be taken between sunset and sunrise 7o 
 
 Game, not to be taken between sunset and sunrise, exception 73 
 
 Game, open season for, 69-70 
 
 Game, ownership and control of, , 239 
 
 Game, possession of during close season 69-70 
 
 Game preserves. Auxiliary, controlled by State, public, Ill 
 
 Game preserves, owned by private individuals 63 
 
 Game preserves, public, on lands owned or leased by State, 41 
 
 Game Protectors, appointment of, 10 
 
 Game Protectors, Special Deputy, appointment ot, 20 
 
 Game Protectors, powers of, , 11-15 
 
 Game Protectors, surrender of all penalties collected to Commonwealth, 16 
 
 Game Protectors, tenure of office, 11 
 
 Game Protectors, to take affidavit in claims for bounties without fee, 105 
 Game Protectors, Special Deputy, to take bounty affidavits, claimant to 
 
 pay fee 105 
 
 Game, purchase and sale of certain kinds prohibited, 79-80 
 
 Game, removal out of State prohibited, 84 
 
 Game, removal out of the State permitted under certain conditions, . . . 84-85 
 
 Game right of the State to control, 289 
 
 Game, small, not to be accepted by common carrier for shipment unless 
 
 properly marked and accompanied by owner 83 
 
 Game, shipment of by Parcel Post, absolutely prohibited, 82 
 
 Game, tagging of, killed in private preserves, 65 
 
 Game, tagging of, killed in wild state when shipped 83-84-85 
 
 Game, time same may be held in possession 81 
 
 Game, to be taken only through use of gun, 73 
 
 Gender defined 26-58 
 
 Gnat-catcher, protected 68 
 
 Goose, wild, game bird (see water-fowl) 58 
 
 Goshawk, not protected, 69 
 
 Governor authorized to close counties to hunting, etc 48 
 
 Grackle or Blackbird, game bird (see Blackbiird), 58 
 
 Grass Snipe, or Upland Plover, game bird (see Plover), 58 
 
 Great Blue Heron, not protected by State law, 69 
 
 Great Grey Owl, not protected, 69 
 
 Grebe, game bird (see Waterfowl) 58 
 
 Green Heron (Shitepoke), not protected by State Law 69 
 
 Grey Squirrel, game animal (see squirrel), . . • 58 
 
 Grosbeak, cr red bird, protected 68 
 
 Grouse, ruffed, game bird 58 
 
 Grouse, open season for, 69 
 
 Grouse, number that may be killed 71 
 
 Grouse, not to be accepted by employer of guide 82 
 
 Grouse, not to be bought or sold, 79 
 
 Grouse, not to be killed except through the use of gvm, 73 
 
 Grous^, not to be killed for wages or hire, 82 
 
 Grouse, not to be killed between sunset and sunrise, 73 
 
 Grouse, not to be removed out of the State 84 
 
 Grouse, not to be removed out of the State, exception, 84-85 
 
 Gull, protected, 68 
 
INDEX. 143 
 
 Page. 
 
 Gun, automatic, prohibited in. hunting game, 21 
 
 Gun, disDosition of when seized 16-22-31-33-44-58-59 
 
 Gun, forfeiture of, 16-22-31-33-44-56-59 
 
 Gim, propelling more than one bullet, pellet or ball, when prohibited, 77 
 
 Gun, use of in taking game, 73 
 
 H. 
 
 Hair-bird, protected, 68 
 
 Hare, Belgian or German, may be bred, sold or shipped without license, 81 
 
 Hare, wild, game animal 58 
 
 Hare, open season for 69 
 
 Hare, number that may be killed 71 
 
 Hare, may not be bought or sold if killed in wild state in Common- 
 wealth, 70 
 
 Hare, not to be hunted with ferrets, 75 
 
 Hare, not to be taken except through the use of a gun 73 
 
 Hawks, wild birds other than game birds, some species protected 68 
 
 Hawks, certain species not protected and may be killed at any time, 69 
 
 Hawk owl, not protected 69 
 
 Hearings, . 19-20-24-34-39-42-50-54-85-110 
 
 Hens, mud, or coot, game birds (see (coot), 58 
 
 Herons, blue, green and night, not protected by State law 69 
 
 Herons, white and snowy egret absolutely protected 68 
 
 High-holder, or Flicker, protected, 68 
 
 Hire, no hunting for, 82 
 
 Homed OavI, not protected 69 
 
 Horas, on deer, length of 70 
 
 Hospital, game to be sent to, 15-31-44-56-76 
 
 Hospital, use of fireanns on grounds of prohibited, 34 
 
 Humming bird, protected, 68 
 
 Hungarian quail, game bird, 58 
 
 Hungarian quail, open season for, 69 
 
 Hungarian quail, number that may be killed, 71 
 
 Hungarian, quail, killed in wild state in Commonwealth not to be bought 
 
 or sold, 79 
 
 Hunters' License, Non-Resident , 52 
 
 Hunters' License, Resident, 26 
 
 Hunting by non-residents without license prohibited, 52 
 
 Hunting by residents without license prohibited, 26 
 
 Hunting by residents without license, when permitted, 29 
 
 Hunting by xinnaturalized forcign-boi-n residents prohibited, 22-49 
 
 Hunting, certain method only permitted 73 
 
 Hunting, certain method, exceptions, 73-74 
 
 Hunting deer with dogs, prohibited 77 
 
 Hunting for game birds or animals from sunset to sunrise, prohibited, 73 
 
 Hunting for game from sunset to sunrise, exception 73 
 
 Hunting from automobiles or blinds prohibited 73 
 
 Hxmting or chasing game on Sunday, prohibited, 69 
 
 Hunting paraphernalia, forfeited, 16-22-31-33-44-56-59 
 
 Himting seasons for, 69-70 
 
 Hunting with automatic gim prohibited, 21 
 
 Importation of certain birds and animals prohibited, 67 
 
 Importation of liye game birds and animals witliout inspection pro- 
 hibited, 67 
 
 Imprisonment, for failure to pay penalty, 
 
 19-20-25-35-36-40-43-48-51-55-59-86-106 
 
144 INDEX. 
 
 Page 
 
 luiprisonment for second offense 32-59 
 
 Index to Resident Hunters' Licenses issued .........'.'. 30 
 
 Indigo Bird, protected, 68 
 
 Insectivorous birds, wild birds other ttian game birds protected '. 68 
 
 Inspection of live game birds or animals, 67 
 
 Inspection of propagating plant ', 65 
 
 Interfering with bii-ds' nests prohibited 67 
 
 Interfering with officers, 16-32-43-55 
 
 J. 
 
 Jack Snipe, game bird (see Snipe) 58 
 
 Jay bird, not protected 69 
 
 Joint Resolution directing the publication of this pamphlet 3 
 
 Judge of the Court of Quarter Sessions 14 
 
 Junco, protected 68 
 
 Justices of the Peace to take claims for bounties 102 
 
 Justices of tlie Peace and other officials not to mutilate skins in claims 
 
 for ))Oimities, 102 
 
 Jurisdiction of Constables, '.'..! 13 
 
 Jurisdiction of Game Protectors, 11-14-15-16 
 
 K. 
 
 Killing deer except male with horns two inches above hair, prohibited, 70 
 
 Killing deer in the Avater prohibited, 77 
 
 Killing game except with gun prohibited 73 
 
 Kill-deer Plover, game bii-d, protected till after 1926 under National 
 
 Law ( see Plover) , 134 
 
 King bird, protected, 68 
 
 Kingtisher, not protected 69 
 
 Kinglet, protected 68 
 
 L. 
 
 Lands for game preserves 41-108-111 
 
 Land owners or lessees residing upon and cultivating lands may hunt 
 
 without license 29 
 
 Large game, may be shipped by express or freight when properly 
 
 marked, 83 
 
 L;nk, meadow, protected 68 
 
 Lark, liorned, protected, 68 
 
 Launches, poAver, prohibited in hunting waterfowl, 74 
 
 Law, decision of Courts 239 
 
 Letter of transmittal, 5 
 
 Liability of men taking dogs into the woods, 77 
 
 Liability of owners of dogs that i-un deer or elk, 78 
 
 Liability of OAvners of dogs that chase and destroy small game, 79 
 
 License, dog, must be secured by OAvner or person harboring, 89 
 
 License tag, must be displayed Avhile hunting, .i8-53 
 
 License to n^n-residents to hunt, issued by County Treasurer, ........ 53 
 
 License to oaati or breed or sell, or have ferrets in possession 61 
 
 License to practice Taxidermy, '. 62 
 
 License to propagate game for sale, 63 
 
 License to residents to hunt, issued by County Treasurer, 27 
 
 License to take birds 60-61 
 
 Lick, doer, prohibited in killing deer, 73 
 
 Limicolae, game biirds 58 
 
 Limitation of time AAhen game m.ay be had in possession, 81 
 
INDEX. 145 
 
 M. 
 
 Page. 
 
 Linnet, protected •JS 
 
 Leon, game biird (see -waterfowl) -JS 
 
 Magistrates and other officials to issue affidavits in claims for 
 
 bounties, 102 
 
 Magistrates, not to mutilate skins in claims for bounties 103 
 
 Marliing game for shipment from propagating plant Go 
 
 Marking game for shipmentt out of State, by non-resident licensee, 85 
 
 Marking game for shipment to taxidermists, 83 
 
 Marking game for shipment, large, accompanying not required, 83 
 
 Maiking game for shipment, femall, to be accompanied at all times, .... 83 
 
 Marsh hawk, not protected, 69 
 
 Martin, protected 68 
 
 Meadow Lark, protected, 68 
 
 Meetings of the Game Commission, 10 
 
 Migatory game birds protected by National Law, 134 
 
 Mink, bounty on, 102 
 
 Mocking bird, protected, 68 
 
 Mongolian Pheasant, game bird (see Pheasant), -^8 
 
 Moimted or cured skins, ownership and possession of 69 
 
 Hud hens, game birds (see Coot) 58 
 
 Muskrat, protected HO 
 
 Mutilation or removal of tags, 66 
 
 Mutilation of skins in claims for bounties by Justices and other officers 
 
 prohibited, 103 
 
 N. 
 
 Names on dogs' collars, ''9 
 
 Nests and eggs of wild birds not to be interfered with, 67 
 
 Netting of game prohibited J3 
 
 Night Hawk, protected, 'i'-^> 
 
 Night Heron, not protected by State law, 69 
 
 Night-time, hunting of game birds and animals during prohibited, 73 
 
 Night-time, taking of game during, exceptions, 73-74 
 
 Non-protected wild birds, 69 
 
 Non-residents holding license may carry certain game out of the State if 
 
 properly marked, 85 
 
 Non-residents must secure license and tag before hunting or trapping, . . 52 
 
 Notice, trespass, ^^'■'^^"^5 
 
 Notice to owner of dogs running small game 2 
 
 Notice to owTier of dogs rxmning deer or elk J8 
 
 Number of game birds and animals that may be legally killed 71 
 
 Nut hatch, protected, 68 
 
 O. 
 
 Oath, may be administered by officer investigating violations, 76 
 
 Oath, to be taken by paid Protectors in claims for boimty without cost, 105 
 
 Oath, to overcome effect of prima facie evidence, 30 
 
 Oalh, when taken by Justices and other officials in claims for bounties 
 
 to be paid by claimant 102 
 
 Oftice of the Game Commission, 10 
 
 Offense, second ^^'^o 
 
 Officers empowered to enforce Game. Fish, and Forestry Laws, 46 
 
 Officers, interference with or resisting arrest by, 16-32-43-55 
 
 Officers, refusing or neglecting to do their duty, 14-47 
 
 10 
 
146 INDEX. 
 
 Page. 
 
 Open season for game defined 58 
 
 Opea seasons for game, State Law (see Smnmary page 133) 69-70 
 
 Open seasons for game, National Law, 134 
 
 Ordinary Certificates, for taking birds 60 
 
 Oriole, protected, 6S 
 
 Osprey, or fish hawk, protected, 68 
 
 Owls, wild birds other than game birds, protected, 68 
 
 Owls, certain species not protected, 60 
 
 Owners or persons harboring dogs, liability for, 77-78-79-89 
 
 Owners or persons harboring dogs, must secure license from County 
 
 Treasurer and attach tag to collar, 89 
 
 P. 
 
 Paraphernalia, forfeiture of 16-22-31-33-44-56-59 
 
 Parcel Post, shipment of game by, forbidden, 82 
 
 Partridge or Quail, game bird (see Quail) 58 
 
 Parts of game cannot be legally shipped by Parcel Post, 82 
 
 Parts of game may be shipped to Taxidermists within State for mount- 
 ing when properly marked 83 
 
 Farts of large game, may be shipped by express or freight when prop- 
 erly tagged without accompanying 83 
 
 Parts of small game cannot be shipped unless properly tagged and ac- 
 companied by owner, 83 
 
 Pellet, bulli t or ball, but one at single discharge at deer, 77 
 
 Pelts, of certain animals, 102 
 
 Pens and traps for catching bear prohibited 73 
 
 Penalty, abatement of, under certain conditions 107 
 
 Penalties, disposition of 16-19-20-24-34-37-39-45 
 
 Penalties, not to apply to, 60 
 
 Penalties, right of defendant to pay, 25-35-40-43-52-55-87-107 
 
 Person, the word defined 26-58 
 
 Petition to close counties to himting of game, 37 
 
 Petition to establish Auxiliary Game Preserre, Ill 
 
 Petition to open county to killing bear, when destructire, 72 
 
 Pewee, protected, 68 
 
 Pheasant, commonly called, properly known as ruffed grouse, game bird 
 
 (see Grouse) 58 
 
 Pheasant, ring-neck (English, Mongolian or Chinese) game birds 58 
 
 Pheasant, ring-neck, open season for, 69 
 
 Pheasant, ring-neck, number that may be killed 71 
 
 Pheasant, ring-neck, killed in a wild state in this Commonwealth not to 
 
 be bought or sold, 79 
 
 Pheasant, ring-neck, killing of in captivity 70 
 
 Pheasant, ring-neck, not to be killed except through the use of a gun, 73 
 
 Pheasaat, ring-neck, not to be killed for wages or hire, 82 
 
 Pheasant, ring-neck, not to be killed from sunset to sunrise, 73 
 
 Pheasant, ring-neck, time same may be trapped for special purposes, ... 82 
 
 Phoebe, protected, 68 
 
 Pigeon hawk, not protected 69 
 
 Pileated woodpecker, protected, 68 
 
 Pine Squirrel, not protected, 70 
 
 Pistols or any other firearms, unnaturalized foreign-bom residents, for- 
 bidden to own or possess ■. 22 
 
 Pit-fall, use of forbidden, 73 
 
 Plover, game birds 58 
 
 Plover, open season for, State Law, 70 
 
 Plover, upland or grass, and kill-deer, protected until after 1926 by 
 
 National LaAV, '. 133 
 
 Plover may be bought and sold under State Law, 80 
 
INDEX. 147 
 
 Page. 
 
 Pliuiiage or wild birds, sale of prohibited 68 
 
 Possession of game at certain times prima facie evidence, . .28-29-50-54-7G 81 
 
 Possession of game at certain times unlawful (39-81 
 
 Possession of game during open season and for thirty days thereafter, 81 
 
 Posted lands, trespassing on 18-:iO 
 
 Preserves for game. Auxiliary, controlled by State Ill 
 
 Fieserves for game, leased or owned by State 41-108 
 
 President of Game Commission, permission of, at certain times, 62 
 
 Prima facie evidence, 28-29-50-54-76-81 
 
 Propagation of game, certificate for, 68 
 
 Property seized, disposition of 16-22-8] -38-44-56-59 
 
 I'rotection to trees and growing crops, certain animals may be killed, 71-74-77 
 
 Protectors, Game 10-1 1-15 
 
 Public institutions in which living birds may be kept, 60 
 
 Public nuisance, when dogs become, 78 
 
 Public parks, use of fireanns prohibited 36 
 
 P'urchase of lands for Game Preserves, 108 
 
 Pursuit of bear during close season, • 72-126 
 
 Pygopodes, game birds, 58 
 
 Q. 
 
 Quail, or Virginia partridge or Bob-white, game bird 58 
 
 Quail, Gambel, same protection throughout as Virginia Quail 70 
 
 Quail, Hungarian, game birds (see Hungarian Quail), 58 
 
 Quail, open season for, 69 
 
 Quail, number that may be killed 71 
 
 Quail, not to be bought or sold, 79 
 
 Quail, not to be killed except with a gun, 73 
 
 Quail, not to be killed from sunset to sunrise, 73 
 
 Quail, not to be killed for wages or hire, 82 
 
 Quail, not to be removed from the State 84 
 
 Quail, time same may be held in possession 81 
 
 Quail, time same may be trapped for special purpose, 82 
 
 R. 
 
 Rabbit, game animal, 58 
 
 Rabbit, open season for 69 
 
 Rabbit, niunber that may be killed, 71 
 
 Rabbit, killed in a Avild state in this Commonwealth cannot be bought 
 
 or sold 79 
 
 Rabbit, may be taken in box traps by residents under 14 on lands 
 
 whereon they reside 73 
 
 Rabbit, may be killed as protection to trees, etc 74 
 
 Rabbit, not to be hunted with ferrets 75 
 
 Rabbit, not to be taken except through use of gun, except by residents 
 
 under 14 on lands whereon they reside 73 
 
 Rabbit, not to be hunted from sunset to sunrise 73 
 
 Raccoon, game animal 58 
 
 Raccoon, open season for 69 
 
 Raccoon, may be bought or sold any time if taken during open season, 73-80 
 
 Raccoon, may be killed as protection to growing crops 74 
 
 Raccoon, may be taken in any manner, either day or night, 73 
 
 Railroads not to carry game out of the State, 84 
 
 Railroads not to carry game out of State, exceptions, 84-85 
 
148 INDEX. 
 
 Page. 
 
 Railroads, not to accept large game for shipment unless properly marked 83 
 Eailroads^, not to accept small game for shipment unless properly marked 
 
 and accompanied by owner, 83 
 
 Rallidao, game birds, 5y 
 
 Rails, game birds, 5S 
 
 Rails, open season lor, State Law, 70 
 
 Rails, may be bouglit or sold under State Law, 80 
 
 Raveii, not protected, G9 
 
 Receipt from Game Protectors 25-35-40-43-52-55-87-107 
 
 Record costs, liability for (also see citations page 256), 18 
 
 Records of Aldeimen and Justices 119 
 
 Red-bird, protected, 68 
 
 Red-headed woodpecker, protected 68 
 
 Red-shouldered Hawk, not protected 69 
 
 Red Stiuirrcl, not protected, 70 
 
 Redstart, protected, 68 
 
 Red-tailed HaAvk, not protected, 69 
 
 Reed bird, gan.e bird (Bobolink) , 58 
 
 Reed bird, open season for. State Law 70 
 
 Reed bird, may be killed but not sold under an order of the Secretary 
 
 of Agriculture, 133 
 
 Removal of game out of State prohibited 84 
 
 Removal of game out of State prohibited, exceptions, 84-85 
 
 Report of Game Commission to Governor 10 
 
 Reservation, Game Preserves, Auxiliary, controlled by State, Ill 
 
 Reservatijn, Game Preserves on leased or State owned lands, 41 
 
 Resident Hunter's License, residents Avho are citizens to secure, 27 
 
 Resident Hunter's License, boys under 14 cannot secure, 27 
 
 Resident Hunter's License, l)oys between 14 and 16 may secure by con- 
 sent of parent or guardian 27 
 
 Resident Hunter's License, to be issued by County Treasurer 27 
 
 Resident Hunter's License, when owners and lessees maj^ himt witlioul 
 
 securing, 29 
 
 xiesisting arrest, 16-32-43-55 
 
 Right Of i^efenclant to pay penalty in settlement of charges, 
 
 • . • t 25-35-40-43-52-55-87-107 
 
 RiKht of State to protect game and wild birds, 239 
 
 Ring-neck /pheasant, game bird (see pheasant) 58 
 
 River ducks, game birds (see Avaterfowl) 58 
 
 Robin, protected 68 
 
 Rough legged haAvk, not protected, 69 
 
 Rutted grouse, game bird (see grouse) 58 
 
 S. 
 
 Sale of all wild birds other tlmn gaxne birds prohibited, 68 
 
 Sale of certain game prohibited 79-80 
 
 Sale of guns and paraphernalia seized 16-22-31-33-44-56-59 
 
 Salad bird, or yellow biird, protected 68 
 
 Sanatorium, use of firearms on grounds of, protected, 36 
 
 Sandpipers, game birds, 58 
 
 Sandpipers, open season for, State Law 70 
 
 Sandpipers, protected under National LaAV, 134 
 
 Sap-sucker, protected 68 
 
 Scarlet tanager, protected 68 
 
 Screech ovrl, protected 68 
 
 Sea ducks, game birds (see waterfoAvl) , 58 
 
 Search warrants , 15-24 
 
INDEX. 14» 
 
 I'age. 
 
 Search, -without warrant, 15 
 
 Seasons, open G9-70 
 
 Second deer, attempt to kill, prohibited 71 
 
 Second offense, punishment .■'.2-59 
 
 Second use of shipping tags, prohibited 67 
 
 Seizure of game, paraphernalia, dogs, etc., right of 16-22-.''.l-44-56-59 
 
 Sharp-shinned hawlc, not protected, 69 
 
 Shipment of game out of the State prohibited 84 
 
 Shipment of game out of State, exceptions 84-85 
 
 Shipment of large game properly marked, pennitted, 8;^ 
 
 Shipment of small game unless properly marked and accompanied by 
 
 oAvnei;, prohibited, 83 
 
 Shipment of wild birds other than game birds, prohibited , 68 
 
 Shooting at does and fawns prohibited, ' 71 
 
 Shooting from simset to sunrise, except at raccoons, prohibited 7.3 
 
 Shooting or chasing of game on Sunday prohibited, 69 
 
 Shooting paraphernalia, forfeited, 16-22-31-44-56-59 
 
 Shore birds, ganie birds 58 
 
 Shore birds, open season for. State Law, 70 
 
 Shore birds (except Bleck -breasted and Golden Plover, Snipe, Woodcock. 
 
 and Yellowlegs) absohitely protected imtil after 1926 under National 
 
 Law, 134 
 
 Shrike, protected, 68 
 
 Silencer, not to be used in taking game, 73 
 
 Singular and plural number defined, 2G-58 
 
 Skins in claims f(jr bounty not to be mutilated before sending to office 
 
 of Game Commission, 103 
 
 Skins, tanned and cured, may be retained, 69 
 
 Skunk, protected, 110 
 
 Snaring birds or animals, prohibited, 73 
 
 Snipe, Jack or Wilson, game birds, 58 
 
 Snipe, open season for. State law 70 
 
 Snipe, open season for, National Law ' 133 
 
 Snipe, under State laAV may be bought and sold, 80 
 
 Snow-bird, or Junco, protected 68 
 
 Snowy owl, not protected 69 
 
 Sold or bought, certain game cannot be, 79-80-134 
 
 Sold or bought, certain game may be 80 
 
 Song birds, all wild birds other than game birds, protected 68 
 
 Sparrows of all kinds, excepting English Sparrows, protected 68 
 
 Sparrow, English, not protected and may be killed at any time, .... 69 
 
 Special certificate to take birds, 60-61 
 
 Special Deputy Game Protectors, appointment, etc., 20 
 
 Special notice, dogs chasing deer or elk, 78 
 
 Special notice, dogs chasing small game during close season 79 
 
 Squirrel, black, fox or gray, game animals, 58 
 
 Squirrel, black, fox or grey, open season for, 69 
 
 SquiiTel, black, fox or grey, number that may be killed, 71 
 
 Squirrel, black, . fox or grey, killed in a wild State in this Common 
 
 wealth may not be bought or sold, 79 
 
 Starling, European, not protected, 69 
 
 Status of game 239 
 
 Streams, deer not to be killed in 77 
 
 Summary convictions 19-20-24-34-39-42-50-54-59-86-106 
 
 Summary of important provisions of game laws, 117-132 
 
150 INDEX. 
 
 Page. 
 
 Sumiuary of seasons, bag-limits, etc., , 133 
 
 Sundaj', arrests may be made on 12-15-23 
 
 Sunday, there shall be no hianting for, shooting at, or chasing of game 
 
 on 69 
 
 Sunset and sunrise, shooting game between, except raccoons, prohibited, 73 
 
 Swallow, protected 68 
 
 Swan, absolutely protected under National Law until after 1926. 
 
 Swift, chimney, (chimney swallow), protected, 68 
 
 T. 
 
 Table of game, time for taking, etc., 133 
 
 Tag, license, both Resident and Non-Resident Hunters', must be worn 
 
 properly displayed while hunting, 28-53 
 
 Tag, license, on dogs 89 
 
 Tag, must be attached to game shipped from licensed preserves, .... 65 
 
 Tag, not to be mutilated, 66 
 
 Tag, not to be used for second shipment 67 
 
 Tag, to be attached to game when shipped under certain conditions, 65-83-84-85 
 
 Taking uf game in any manner except through use of gun prohibited, . . 73 
 
 Taking of game througli use of gun, exceptions, 73 
 
 Tanager, protected, 68 
 
 Tanned or cured skins, may be held in possession, 69 
 
 Tattler, game bird 58 
 
 Tattler, open season for. State law 70 
 
 Tattler, not to be killed until after 1926 under National Law 134 
 
 Taxation of dogs, 88 
 
 Taxidermists, must secure license to practice, 62 
 
 Taxidermists, speeimans may be shipped to within State when properly 
 
 marked, 83 
 
 Tenants, right to kill dogs, • 78-79-94 
 
 Tenants, right to kill bear, deer, rabbits and raccoons when destroying 
 
 certain property, 72-74-77 
 
 Tlirasher, protected, 68 
 
 Thrush, protected, 68 
 
 Tilt-up, game bird, (see sandpiper), 58 
 
 Time limit for prosecutions 24-34-39-51-85-107 
 
 Time game may be had in possession after close of season, 81 
 
 Titmouse, protected 68 
 
 Training dogs on game on Sunday prohibited, 69 
 
 Training dogs, open season for 79 
 
 Transportation of game cut of State prohibited, 84 
 
 Transportation of game out of State, exceptions 84-85 
 
 Transportation of small game prohibited unless properly marked and 
 
 accompanied by owner, 83 
 
 /" Transportation of large game peimitted when properly marked, 83 
 
 Transportation of wild birds other than game birds prohibited, .... 68 
 
 Traps for game, except rabbits and , raccoons, absolutely prohibited, . . 73 
 
 Traps for taking vermin, ?egal under certain conditions, 74 
 
 Trespass on posted lands s 18-20 
 
 Turkey, wild, game bird 58 
 
 Turkey, wild, open season for, 69 
 
 Tui-key, wild, niimber that may be killed 71 
 
 Turkey, wild, calling of, illegal 73 
 
 Turkey, wild, not to be bought or sold 79-80 
 
 Turkey, wild, not to be hunted for wages or hire 82 
 
 Turkey, wild, not to be killed between sunset and sunrise, 73 
 
INDEX. 151 
 
 U. 
 
 Page. 
 
 Unlawful to shoot at a doe or fawn at any time 71 
 
 Unnaturalized foreign-bom residents cannot be possessed of dogs 49 
 
 Unnaturalized foreign-born i-esidents cannot be possessed of firearms of 
 
 any kind 22 
 
 Unprotected animals, list of 135 
 
 Unprotected birds, list of, 69 
 
 Upland or grass plover, game bird, (see plover), ; 58 
 
 V. 
 
 Vacancy on Game Commission, how filled 9 
 
 Veery, protected 68 
 
 Vireo, protected, 68 
 
 Virginia Partridge, or quail, game birds (see (juail) 58 
 
 W. 
 
 Wages or hire, hunting for, prohibited 82 
 
 Warblers, wild birds other than game birds, protected, 68 
 
 \\'ardens, all Constables are, 12 
 
 Wardens, rights and duties of, 11-12-15-16 
 
 Warrants of search, 15-24 
 
 Water craft, certain kinds not to be used in himting waterfowl 74 
 
 Water craft, forfeiture of 16-22-31-33-44-56-59 
 
 Waterfowl, wild web-footed, game birds 58 
 
 Waterfowl, wild, open season for, State Law, 70 
 
 Waterfowl, wild, open season for, National Law, 134 
 
 Waterfowl, wild, may be taken through use of decoys and blinds, .... 73-74 
 
 Waterfowl, wild, not to be killed except through use of gun, 73 
 
 Waterfowl, wild, not to be killed from certain boats or craft 74 
 
 Waterfowl, wild, not to be killed between sunset and sunrise 73 
 
 Waterfowl, wild, luider State Law may be bought and sold under 
 
 certain conditions 80 
 
 Waterfowl, wild, under National Law cannot be legally sold, , . . ; 134 
 
 Waters, deer not to be killed in, 77 
 
 Weasel, boimty on, 102 
 
 Whip-poor-will, protected 68 
 
 Wild birds' nests, not to be interfered with, 67 
 
 Wild birds other than game birds, absolutely protected 68 
 
 Wild birds other than game birds, not protected 69 
 
 Wild birds other than game birds, not to be shipped out of State 68 
 
 Wild birds other than game birds, not to be sold or offered for sale, . . 68 
 
 Wild cat (Canada or Bay Lynx), also called Bob-cat, bounty on 102 
 
 Wild ducks and other wild waterfowl, game birds (see waterfowl), .... 58 
 
 Wild turkey, game bird (see turkey) , 58 
 
 Woodcock, game bird 58 
 
 Woodcock, open season for, 69 
 
 Woodcock, number that may be killed, 71 
 
 Woodcock, not to be bought cr sold, 80 
 
 ■Woodcock, not to be killed except with a gun, 73 
 
 W^oodcock, not to be killed for wages or hire, 82 
 
 Woodcock, not to be killed from sunset to simrise 73 
 
 Woodcock, not to be transported out of State 84 
 
 Woodcock, not to be transported out of State, exceptions 84-85 
 
 Woodpeckers, wild birds other than game birds, all protected, 68 
 
 Wren, wild bird other than game bird, protected 68 
 
152 INDLX. 
 
 y. 
 
 Page. 
 
 Yellow 111 1(1, protected, 68 
 
 Yellow Hammer, or Plickei', protected, 68 
 
 Yellow shanks (snipe), game bird ; 58 
 
 Z. 
 
 Zoological gardens, game laws not to apply to, 60 
 
DIVISION II. 
 LAWS RELATING TO FISH. 
 
 AN ACT 
 
 For the protection of shad and game fish in the River 
 
 Delaware. 
 
 Whereas, It is deemed advisable by the Fish Com- 
 missioners of New York and Pennsylvania, to pi-otect 
 the stocking of the River Delaware with shad and 
 game fish, and to guard the fishing industries of the 
 
 said 
 
 no 
 , or 
 net, 
 any 
 7-od, 
 That 
 Pro- 
 for catching 
 in width, or 
 knot, above 
 shall not be 
 shore, drift, 
 
 said river by the passage of uniform laws for the 
 river in each State, therefore. 
 
 Section 1. Be it enacted,«&;c.. That hereafter 
 person or persons shall cast, draw, -or fasten, 
 otherwise make use of any seine, drift net, fyke 
 or net or nets of any other description, or use 
 other apliance for the catching of fish, except 
 hook and line in the Delaware river: Provided, 
 this section shall not extend to shad fishing : 
 vided also. That the meslies of nets used 
 shad shall not be less than three inches 
 one and one-half inches from knot to 
 Trenton Falls : Provided also. That it 
 lawful to fish for shad with nets, either 
 gilling or dip-nets, or with any appliances whatever 
 from June fifteenth to December thirty-first of any 
 year, in the Delaware river above Trenton Falls. 
 Any person or persons violating any of the provisions 
 of this section, shall forfeit or pay the sum of one 
 hundred dollars, with all costs of suit, together with 
 tlie forfeiture of boats, nets and all appliances. 
 
 Section 2. That hereafter no person or persons 
 shall cast, set, draw, fasten or otherwise make use 
 of any fyke net, or nets of any kind, or device made 
 from cotton or flax twine, or wire netting, similar to 
 a fyke net, for the puipose of catching fish in the 
 Delaware river at any time in any year. Every per- 
 son so offending shall be guilty of a misdemeanor, and 
 on conviction thereof shall be punished by a fine, not 
 exceeding one hundred dollars or imprisonment in the 
 
 Act Mav 22, 
 1889, P. L. 
 261. 
 
 Preamble. 
 
 Fishing with 
 nets pro- 
 hibited. 
 
 Not to ex- 
 tend to shad 
 fishing. 
 
 Size of mesl 
 above Tren- 
 ton Falls. 
 
 Fishing for 
 shad with 
 nets from 
 June 15th to 
 December .31 
 
 Proliibited 
 above Tren- 
 ton Falls. 
 
 Penalty. 
 
 Use of cer- 
 tain nets 
 prohibited. 
 
 Violation of 
 this act de- 
 clared a 
 misdemeanor. 
 
 (153) 
 
154 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Penalty. 
 
 Fishing. Ptc, 
 on Sunday 
 prohibited. 
 
 Penalty. 
 
 Erection aiul 
 use of tish- 
 baskets. 
 etc.. pro- 
 hibited. 
 
 Wins: -walls, 
 prohibited. 
 
 Penalty. 
 
 Penalty for 
 second of- 
 fense. 
 
 Rock-bass or 
 wall-eyed 
 pike not to 
 be killed 
 within two 
 years. 
 
 county jail for a term not exceeding six months, or 
 both at the discretion of the magistrate or court be- 
 fore which such offender or offenders shall be con- 
 victed, and the net or nets, devices or appliances used 
 shall be destroyed by the officer making the arrest. 
 
 Section 3. It shall be unlawful for any person or 
 persons to cast, draw, drift, anchor, set, stage or 
 otherwise make use of any gilling net, seine, short- 
 net, drift-net, eel pots, or any kind of net for the 
 jnirpose of catching fish in the Delaware river from 
 sunset on Saturday until twelve o'clock on Sunday 
 night of each and every week ; and the person or 
 persons so offending shall forfeit and pay the sum of 
 one hundred dollars, together with the cost of suit 
 for each and every offense. 
 
 Section 4. It shall be unlawful for any person or 
 persons to place, build, erect, fasten or use any 
 fish-baskets, gill-nets, or any permanently set means 
 for taking fish in the river Delaware ; nor shall any 
 person at any time affix any nets, fish-basketts, fyke 
 nets, eel racks, or any kind of appliances or set 
 means of taking fish to any wing walls in the river 
 Delaware. Nor shall any person or persons erect, 
 build or place, or cause to be erected, built or placed, 
 any wing wall, or walls of stone or of any other 
 substance or material, in the river Delaware, for 
 the purpose of affixing, ad.iusting, placing or setting 
 thereto or adjacent thereto, any of the above men- 
 tioned illegal devices, contrivances or appliances for 
 taking fish. Any person violating the provisions of 
 this law shall be fined fifty dollars for the first offense 
 or be liable to imprisonment for one month in the 
 county jail, or both at the discretion of the magis- 
 trate before whom the offender is convicted, and any 
 person or persons so offending a second time shall 
 be liable to a fine of one hundred dollars and impris- 
 onment for three months in the coTinty jail. 
 
 Section 5. It shall not be lawful to catch or kill 
 by any means whatever, any rock bass or any wall- 
 eyed pike, otherwise called Susquehanna salmo^ (spe- 
 cies recently introduced into the river Delaware), 
 within two years from the passage of this act, under 
 a penalty of ten dollars for every fish caught or had 
 in possession. 
 
GAME, FISH, AND FORESTRY LAWS. 155 
 
 Section 6. No person shall, by any means or de- Black Bass, 
 
 vice whatsoever catch, or kill in the Delaware river etc., not to' 
 
 any black bass, rock bass or wall-eyed pike, commonly ^e caught 
 
 known as Susquehanna salmon, between the first day j|nunr'^' i t 
 
 of January and the thirtieth day of May in any year, and kiiy 
 
 nor shall catch or kill any of said species of fish at 30th. 
 
 any other time during the year save with rod, hook And at no 
 
 and line. Any violation of this section shall subject time save 
 
 the offender to a penalty of ten dollars for each fish with hook 
 
 so caught. ^^^ ^^"^- 
 
 Section 7. No person shall catch or kill in the giack bass 
 Delaware river, any black bass or wall-eyed pike under 6 
 under six inches in length, or any rock bass under inches in 
 five inches in length, under a penalty of ten dollars i^^ngth and 
 for every fish so caught. But should any fish be pj^g under- 
 taken of a less size than the above, or should any 5 inches in 
 wall-eyed pike or rock bass of any size be taken length not 
 within two years from the passage of this act, it shall *« t»e caught 
 be the duty of anyone taking or capturing the same p caught to 
 to return the fish immediately to the water from ^^ waVer"^^ 
 whence taken. Any violation of the law shall sub- 
 ject the offender to a penalty of ten dollars for each Penalty. 
 and every fish so caught. 
 
 Section 8. Nothing in this act shall be so construed Catching fish 
 
 as to prevent the catching of bait fish, other than for certain 
 
 game fish, by means of hand or cast nets for angling ^H^p*^^^^ 
 
 or scientific purposes, or the catching of game fish ^"fwabie. 
 by order of any member of the State Fish Commission 
 of any State having jurisdiction in the Delaware river 
 for the purpose of stocking other waters. 
 
 Section 9. Any fish commissioner, fish warden. Duties of 
 
 deputy warden, sheriff, deputy sheriff, constable, po- fish Avardens 
 
 liceman, or any special ofl!icer of this Commonwealth, ^5!^ other 
 
 is hereby authorized to destroy any fish-basket, eel- ^ ^^'^' 
 weir, fyke net, shore-net, drift-net, dip-net, wing wall 
 or wing walls, or any illegal device named in any 
 section of this act, and they are hereby authorized to 
 arrest forthwith any person placing, erecting, using 
 
 or fastening them. Any person or persons interfering Penalty for 
 
 with any of the above oflficers in the discharge of en^*e^w"th 
 
 their duties or resisting arrest, shall pay a fine of officers!' 
 one hundred dollars or l3e imprisoned three months in 
 the county jail, or shall be subject to both penalties 
 at the discretion of the magistrate or court before 
 which he or they shall be convicted. 
 
156 GAME, FISH, AND FORESTRY LAWS. 
 
 Officors ;iu- Section 10. Any fish commissioner, fish warden, 
 
 thorized to deputy fish AA'arden, sheriff, deputy sheriff, constable, 
 make ar- policemen, or special officers of this Commonwealth, 
 
 ^■^^ts. is hereby authorized to apprehend, arrest and imme- 
 
 diately take any person who may be guilty of the vio- 
 lation of any of the provisions or sections of this act 
 Heaiiiia he- before any justice of the peace, magistrate or any 
 of'^hp'^'pe^ict '^^^^^ legally constituted authority, and thereupon 
 make charge of such violation of the law or any of 
 the provisions thereof, and the magistrate shall forth- 
 with hear and determine the charge and render judg- 
 ment accordingly, with the right of certiorari or ap- 
 Appoal. peal as in all similar cases of arrest and conviction, 
 
 and in case of any failure of anv fish commissioner, 
 warden or any other officer named above to jjrove his 
 case the county in which it is h«^ard shall pay the 
 <'««ts. costs. 
 
 Appii<jiti.in Section 11. The fines imposed under any section 
 
 of tiiios re- of this act shall be paid to the Treasurer of the county 
 oovtrod. in which the prosecution shall be made and the said 
 
 Treasurer of the sevc^ral counties of the State shall 
 pay over to the Commissioners of Fisheries all moneys 
 forfeited and reco\ered by them by virtue of this act, 
 and the said Commissioners shall pay over the same 
 to the Treasurer of the State, 
 '^'f"'"'- Section 12. All sections, provisos or acts incon- 
 
 sistent with this act are hereby repealed. 
 
 Approved TIh> 2L*nd day of May. A. D. ]SS9. 
 
 .I.XMES A. r.EAVFJt. 
 
(J A ME, FISH, AND FORESTRY LAWS. 
 
 157 
 
 A SUPPLEMENT 
 
 To ail art, entitled "An act to amend 
 the several acts relating to game 
 proved May first, Anno Domini 
 hnndred and seventy-three, to 
 
 and consolidate 
 
 me and fish," ap- 
 
 one thousand eight 
 
 require all persons 
 
 May 8, 
 
 r. L. 
 
 1876 
 104. 
 
 engaged in any of the manufacturing interests of 
 this State, accustomed to the washing of iron and 
 other ores, and of coal preparatory to its use for 
 coking, and engaged in the business of tanning, to 
 prepare a tank or other suitable receptacle into 
 which the sediment, culm or coal dust, the offal, 
 refuse and the tan bark and liquor therefrom used 
 in tanning, so far as is ])racticable may be pre- 
 * vented from passing into or upon any of the rivers, 
 lakes, ponds or streams of this Commonwealth. 
 
 Section 1. Be it enacted, &s.. That section seven- 
 teen of the act aforesaid be and the same is hereby 
 amended so that the same shall read as follows, 
 namely : That all persons engaged in any of the 
 manufacturing interests of this State, accustomed to 
 the washing of iron and other ores, and of coal pre- 
 paratory to its use for coking, or in the tanning of 
 hides by a process in which vitriol is used, shall pre- 
 pare a tank or other suitable receptacle into which 
 the culm or coal dirt, the offal, refuse and the tan 
 bark and the liquor, or the water therefrom, may 
 be collected so that the sediment therefrom so far as 
 is practicable, may be thereby prevented from passing 
 into or upon any of the rivers, lakes, ponds or streams 
 of the Commonwealth, under a penalty of fifty dollars 
 for each offense, in addition to liability for all dam- 
 ages he or they may have done to any individual 
 owners or lessees on such waters. 
 
 Section 2. Whenever any constable or other officer 
 making complaint in good faith of the violation of 
 any of the provisions of this act, shall fail to recover 
 the penalty or penalties mentioned in the seventeenth 
 section of the aCt to which this is a supplement, in 
 any prosecution or suit commenced by such constable 
 or other officer, pursuant to the foregoing section of 
 this or the act to which this is a supplement, the 
 costs of suit recovered by him or them shall be a 
 charge upon the proper county and shall be allowed 
 
 Manufactur- 
 ers to pre- 
 pare tank, 
 for reception 
 of coal dirt 
 etc. 
 
 Penalty. 
 
 When consta- 
 bles' costs to 
 be charged 
 upon county. 
 
158 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 When costs 
 to abide 
 event of suit 
 
 Repeal. 
 
 as other county charges are audited and allowed ; 
 and whenever the plaintiff or prosecutor is a private 
 citizen, the costs shall abide the event of the suit 
 or prosecution, and be paid as in other cases, and 
 that section thirty-three of the act of first of May, 
 Anno Domini one thousand eight hundred and seventy- 
 three, be and the same is hereby repealed. 
 
 Approved— The 8th day of May, A. D. 1876. 
 
 J. F. HARTRANFT. 
 
 AN ACT 
 
 Relative to the appointment of police for corporations 
 PL 88 organized under the laws of this Commonwealth, 
 
 for the preservation and propagation of fish. ' 
 
 Fish corpora- 
 tions have 
 special po- 
 lice. 
 
 Governor to 
 appoint. 
 
 Police to 
 take oath. 
 
 Powers of 
 police. 
 
 Section 1. Be it enacted, »S:c., That any corpora- 
 tion organized under the laws of this Commonwealth 
 for the preservation and propagation of fish in this 
 Commonwealth, may apply to the Governor to com- 
 mission such person as the said corporation may desig- 
 nate, to act as policemen for the protection of the 
 property of such corporation. 
 
 Section 2. The Governor, upon such application, 
 may appoint such persons, or so many of them as 
 he may deem nroner, to be such policemen, and shall 
 issue to such person or persons so appointed a com- 
 mission to act as such policemen. 
 
 Section 3. Every policeman so appointed shall, 
 before entering upon the duties of his office, take and 
 subscribe the oath required by the eighth article of 
 the Constitution, before the recorder of the county in 
 which the property of said corporation may be situ- 
 ated, which oath, after being duly recorded by such 
 recorder, shall be filed in the office of the Secretary 
 of State, and a certified copy of such oath, made by 
 the recorder of the county, shall be recorded with 
 the commission in the county in which the property 
 of such corporation, for which such policeman is 
 appointed, may be situated, and in which it is in- 
 tended said policeman shall act ; and such policemen 
 so appointed shall severally possess and exercise all 
 the powers of policemen in the county in which they 
 shall be so authorized to act as aforesaid, and the 
 keepers of .iails and lock-ups or station houses in 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 159 
 
 said county are required to receive all persons ar- 
 rested by such policeman for the commission of any 
 offense against the laws of this Commonwealth upon 
 the premises of any such corporation, to be dealt 
 with according to law. 
 
 Section 4. Such corporation police shall, when on To wear 
 duty, severally wear a metallic shield with the word shield, 
 "police" and the name of the corporation for which 
 appointed inscribed thereon, and said shield shall 
 always be worn in plain view, except when employed 
 as detectives. 
 
 Section 5. The compensation of such police shall compensa- 
 be paid by the corporation for which the policemen tion. 
 are respectively appointed, as may be agreed upon be- 
 tween them. 
 
 Sectoin 6. Whenever any corporation shall no ^;y^^^,^ g^j.. 
 longer require the services of any policemen as afore- yjees ao 
 said, they may file a note to that effect under their longer re- 
 corporate seal, attested by their secretary, in the quired, 
 office where the commission of such policemen has 
 been recorded, which shall be noted by the recorder 
 upon the margin of the record where such commis- 
 sion is recorded, and thereupon the power of such 
 policemen shall cease and be determined. 
 
 Approved— The 10th day of June, A. D. 1881. 
 
 HENRY M. HOYT. 
 
 AN ACT 
 
 To establish a Department of Fisheries, to provide April 2, 
 
 for its proper administration, and to provide for 1903, p. l. 
 
 the protection and propagation of fish by the De- 128. 
 partment of Fisheries. 
 
 Section 1. Be it enacted, &c., That there be, and Department 
 is hereby established a Department of Fisheries, to of Fisheries, 
 consist of a Commissioner of Fisheries and four other 
 citizens of the Commonwealth, who together shall 
 constitute the Fisheries Commission, each of whom 
 shall be appointed and commissioned by the Governor, 
 by and with the consent of the Senate, the Commis- Fisheries 
 sioner of Fisheries, for a term of four years, two of Commission. 
 the said citizens for a term of two years, and two Terms, 
 of said citizens for a term of four years, and there- 
 after all appointments shall be made by the Governor, 
 
 ) 
 
160 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Oath of 
 office. 
 
 Powers. 
 
 The Com - 
 missioner to 
 be president, 
 executive 
 officer and 
 chief super- 
 intendent. 
 
 Duties of 
 
 Fisheries 
 Commission. 
 
 Powers. 
 
 Salary of 
 Commis- 
 sioner of 
 Fisheries. 
 
 by and Avith the advice and consent of the Senate, for 
 a term of four years. The persons so appointed, be- 
 fore entering upon the discharge of their duties shall 
 each take and subscribe to the oath of office pre- 
 scribed by article seven of tlie Constitution of Penn- 
 sylvania. The Commissioner of Fisheries, and the 
 Fisheries Commission, so ap])ointed, shall he clothed 
 with all powers heretofore conferred by law, re- 
 spectivelj', upon the Board of Fish Commissioners, so 
 far as the same are consistent with the provisions of- 
 this act. 
 
 Section 2. The Commissioner of Fisheries shall be 
 tlie President and executive officer of the Fisheries 
 Commission, and shall also be chief superintendent 
 of all hatching-stations and fish-cultural establish- 
 ments belonging to the State ; and he shall have full 
 control and management of all such establishments, 
 now existing or which may hereafter be establishel ; 
 and he shall have full control, direction and manage- 
 ment of all fish-wardens or w^ater-baililfs ; and he shall 
 assume full charge of the work of the enforcement 
 <tf the laws relating to the i^rotection, propagation and 
 distribution of fish and alN fish-wardens, constables, 
 police, sheriffs, and guardians of the peace, shall make 
 prompt report to him of all cases of violation of the 
 laws relating to fish. 
 
 Section 3. It shall be the duty of the Fisheries 
 Commission to encourage and promote the develop- 
 ment of the fishery interests of the State, and to 
 obtain and puolish information respecting the extent 
 and condition of the fisheries of the Commonwealth, 
 and to make all rules and regulations for the enforce- 
 ment of all laws designed for the protection, extension 
 and propagation of fish ; and it is empowered to em- 
 ploy such legal and other service as may be necessary 
 for the protection of fish, and for the apprehension 
 and punishment of persons who may violate any of 
 the laws relating to fish, or any of the rules and 
 regulations which, under the powers herein given, 
 may be adopted by the said Commission. 
 
 Section 4. The Commissioner of Fisheries shall re- 
 ceive a salary of three thousand dollars per annum, 
 payable quarterly, by warrant drawn by the Auditor 
 Generial on the State Treasurer, and in addition 
 thereto shall be reimbursed for all necessary expenses 
 of travel which may be incurred in the discharge 
 of the duties of his office: and the other members of 
 the Commission shall serve without salary, but shall 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 161 
 
 O trice. 
 
 be reimbursed for all necessary expenses incurred by 
 them in the performance of the duties of their office. 
 
 Section 5. The Fisheries Commission shall have 
 an office in the State Capitol, and it shall be the duty 
 of the Board of Commissioners of Public Grounds 
 and Buildings to provide, from time to time, the 
 necessary rooms, furniture, apparatus and supplies for 
 the use of the Department of Fisheries, created under 
 the provisions of this act. 
 
 Section 6. The Commissioner of Fisheries shall Clerk. 
 have the power to employ one clerk, at a salary of 
 twelve hundred dollars per annum ; one stenographer, Stenogra- 
 at a salary of six Iiundred dollars per annum ; said P*^^^'- 
 salaries to be paid mon.thly, by warrants drav\^n by 
 the Auditor General on the State Treasurer. 
 
 Section 7. This act shall take effect on and after 
 the first Monday of June, one thousand nine hundred 
 and three. 
 
 Section 8. That all acts or parts of acts inconsist- Repeal. 
 ent with the provisions of this act be and the same 
 are hereby repealed. 
 
 Approved— The 2nd day of April, A. D. 1903. 
 
 SAML. W. PENNYPACKER. 
 
 AN ACT 
 
 To encourage tlie pi-o])agation of fish, and to regulate 
 the catching, taking, and destruction of fish, in the 
 Delaware River below Trenton Falls, within the 
 jurisdiction respectively of the Commonwealth of 
 Pennsylvania and the State of New Jersey ; and 
 providing penalties for violation of its provisions, 
 and to repeal acts inconsistent therewith. 
 
 Whereas, By virtue of a joint resolution of tho 
 Commonwealth of Pennsylvania, approved the eighth 
 day of May, ^^^nno Domini nineteen hundred and 
 seven, entitled "A joint resolution providing for the 
 creation of a commission to co-operate with the au- 
 thorities of the States of New Jersey, New York, and 
 Delaware in regard to the propagation, protection, 
 and catching of sturgeon, shad, bass, perch, and 
 other fish in the Delaware River ; the adoption of con- 
 
 1909, 
 P. L. 
 
 Mav 
 309. 
 
 Whereas. 
 
 11 
 
162 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 Whereas. 
 
 Whereas. 
 
 Whereas. 
 
 current laws relevant thereto by such States ; and to 
 co-operate with the authorities of the State of Mary- 
 land in regard to fish and fishing in the Susquehanna 
 River, and the adoption of concurrent laws relevant 
 thereto by such States ; and to inquire in relation to 
 the pollution of waters of said rivers, and recom- 
 mend legislation regulating and controlling the same ; 
 and making an appropriation for those purposes," 
 the following were appointed Commissioners on the 
 part of the Commonwealth of Pennsylvania : Prom 
 the Senate, Frederick A. Godcharles, Webster Grim, 
 and Algernon B. Roberts : from the House of Repre- 
 sentatives, Hiram J. Sedwick, Alfred Marvin, and 
 Joseph N. Hunter ; by Governor Edwin S. Stuart, 
 Henry P. Walton ; and by the terms of the joint reso- 
 lution, the Commissioner of Fisheries, W. E. Meehan, 
 and Frank B. McClain. Speaker of the House ; and 
 
 W^hereas, By joint resolution passed by the Legis- 
 lature of the State of New Jersey, approved March 
 twenty-fifth, Anno Domini one thousand nine hun- 
 dred and eight, entitled "Joint Resolution providing 
 for the creation of a commission to co-operate with the 
 authorities of the States of Pennsylvania and New 
 York in regard to the propagation, protection, and 
 catching of fish in the Delaware River ; and to in- 
 quire into any cause of pollution of the waters of said 
 river ; and to recommend legislation in regard to such 
 propagation, protection, and catching of fish in the 
 Delaware River, and to obviate the pollution there- 
 of," the following were appointed to represent the 
 State of New Jersey : Prom the Senate, Edmund W. 
 Wakelee and Joseph S. Prelinghuysen ; from the As- 
 sembly, Austin Colgate, Oliver C. Holcombe. and 
 Henry D. Thompson ; by the Governor. John Frank- 
 lin Fort, Doctor Henry Van Dyke ; and by the terms 
 of the resolution, President of the Fish and Game 
 Commission, B. C. Kuser, President of the Senate, 
 Thomas J. Hillery, and Frank B, Jess, Speaker of the 
 House of Assembly ; and 
 
 Whereas. The commissions of the said Common- 
 wealth of Pennsylvania and the State of New Jersey 
 have been duly organized as provided and required by 
 law ; and 
 
 Whereas, The said Commissioners of the said Com- 
 monwealth of Pennsylvania and of the said State of 
 New Jersey,, in joint meeting held for that purpose, 
 have agreed upon uniform laws to provide an act 
 providing uniform laws to encourage the propagation 
 
GAME, FISH, AND FORESTRY LAWS. 163 
 
 of fish, and to reflate the catching, taking, and 
 destruction of fish in the Delaware River below Tren- 
 ton Falls, within the concurrent jurisdiction of the 
 Commonwealth of Pennsylvania and the State of New 
 Jersey, and providing penalties for violation of its 
 provisions ; therefore, — 
 
 Section 1. Be it enacted, «S:c.. That the provisions Delaware 
 of this act shall affect and apply only to the propa- River below 
 gation, catching, taking, and protection and destruc- ^^^"*<'** 
 tion, of fish in the waters of the Delaware River be- ^^"s. 
 low Trenton Falls, lying between the Commonwealth 
 of Pennsylvania and the State of New Jersey. 
 
 Section 2. The inhabitants of the Commonwealth Right of 
 of Pennsylvania and of the State of New Jersey shall fishery, 
 have and enjoy a common right of fishery throughout 
 in, and over the waters of said river, between low 
 water mark on each side of said river ; between said 
 States, below Trenton Falls, except so far as either 
 State may have heretofore granted valid and subsist- 
 ing private right of fishery. t 
 
 Section 3. For the purposes of this act, the fol- Game fish, 
 lowing fish shall be designated as game fish to wit, 
 black bass, or small-mouth bass ; large-mouth bass, 
 otherwise called Oswego, or yellow bass, strawberry 
 or calico bass ; rock bass, otherwise known as red-eye 
 or goggle-eye ; white bass, crappie ; pike-perch, other- 
 wise called wall-eyed pike ; pike, or Susquehanna sal- 
 mon ; pike, pickerel, white perch, yellow perch ; charr, 
 commonly called brook or speckled trout; or any 
 form of trout. The following shall be called bait fish ; Bait fish, 
 to wit, all species of minnows, killifishes, and stone 
 catfish. All other species of varieties of fish, what- Food fish, 
 soever, shall be termed food fish. 
 
 Section 4. It shall be unlawful to catch or fish Lawful man- 
 for any game fish, in any part of the Delaware River f^^ ^^^ ^t^t 
 bolow Trenton Falls, with any device, or by any flsh. " 
 means or method whatsoever, excepting with rods and 
 lines or handlines, commonly called dipsey or throw- 
 lines, each having not more than three hooks ; or with 
 trolling lines, with spoon or artificial bait, having not 
 more than one burr of three single hooks attached ; 
 the number of rods and lines, or the number of 
 trolling lines, not to exceed two of one or the other 
 device named, and said lines must be under the direct 
 and immediate supervision of the custodian thereof. 
 Any person violating any provisions of this section ^i^®- 
 shall ,on conviction thereof, be subject to a fine of 
 twenty dollars. 
 
164 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 > 
 
 Lawful man- 
 ner of fish- 
 ing for bait 
 fish. 
 
 Fine. 
 
 Lawful man- 
 ner of fish- 
 ing for food 
 flsb. 
 
 Fine. 
 
 Sturgeon. 
 
 Seine or 
 nets. 
 
 Section 5. It shall bo unlawful to fisli for bait 
 fish, iu the Delaware RiAcr below Trenton Falls, 
 except with the following devices : to wit, rods and 
 lines and hand lines with not more than three hooks 
 attached ; a minnow seine not more than one hundred 
 feet in length : a dip net. not more than fi\e feet 
 siiuVire ; a minnow trap, the opening of which shall 
 not be more than one and one-quarter inches in di- 
 ameter ; a scoop net, with a single handle, and with 
 a diameter of net of not more than two feet. Any 
 person who uses any other device, method, or means 
 for catching bait fish, or of a greater length or di- 
 ameter of nets specified in this section, shall on con- 
 viction thereof, be subject to a fine of twenty dollars. 
 
 Section 6. It shall be unlawful to fish for food 
 fish, in the Delaware River, beloAv Trenton Falls, 
 with any device, method, or means, excepting by the 
 following devices, and und(>r regulations and restric- 
 tions hereinafter described ; to wit, a seine, a gill net ; 
 an eel pot, a fyke net, each M'ithout wings ; a parallel 
 net, or net set at the edge of low water ; and rods 
 and lines, or hand-lines, otherwise known as dipsey 
 or throw lines, each having not more than three hooks. 
 Any person who shall use or employ any method or 
 device for catching food fish, other than those named 
 in this section, or shall use or employ any device 
 named in this section contrary to the regulations or 
 restrictions hereinafter mentioned, shall be subject to 
 a fine of twent-^ dollars. 
 
 Section 7. As amended by the act of June 3, 1911, 
 P. L. 629. 
 
 Section 7. It shall be unlawful for any person to 
 catch and take, or attempt to catch and take, stur- 
 geon from the Delaware River below Trenton Falls, 
 with any device excepting a seine or gill net, the 
 meshes of which shall not be less than thirteen inches 
 
 stretched measure while being fished 
 
 or to catch and 
 any other food 
 the meshes of 
 one-half inches 
 
 or any gill net 
 
 Other food 
 fish. 
 
 take, or attempt to catch and take, 
 fish from said waters, with a seine 
 which shall be less than two and 
 stretched measure while being fished, 
 the meshes of which shall be less than five and one- 
 quarter inches stretched measure while being fished : 
 Provided. That gill nets, with a mesh not smaller 
 than three inches, may be used from March first to 
 June tenth, in each year, for the purpose of taking 
 herring only. It shall also be unlawful for any per- 
 son to catch and take, or attempt to catch and take, 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 166 
 
 any food fish, except sturgeon, by means of a seine 
 or gill net, between the tenth day of June, in each 
 and every year, and the first day of March next en- 
 suing. Any person who shall violate any of the pro- 
 visions of this section shall, on conviction thereof, be 
 subject to a fine of one hundred dollars, together with 
 a forfeiture of all nets, boats, and appliances used. 
 A similar act was passed by New Jersey and signed 
 by the Governor, April 15. 1911. 
 
 Section 8. It shall be unlawful for any person to 
 catch and take, or attempt to catch and take, fish of 
 any kind from the Delaware River below Trenton 
 Falls, with a net of any character which is anchored 
 or staked or fastened down in any measure. Nor 
 shall any net of any kind or character, excepting a 
 drifting gill not, an eel not, a fyke net, each without 
 wings, or a parallel not for the capture of carp only, 
 be used for the purpose of catching and taking fish 
 in said M^aters. within one-qviarter of a mile above 
 or below the mouth of any river, creek, or stream 
 (Mnptying into said Delaware River below Trenton 
 River. Any person who shall violate any of the pro- 
 visions of this section shall, on conviction thereof, be 
 subject to a fine of twenty dollars, with the forfeiture 
 of nets, boats, and other appliances used. 
 
 Section 9. As amended by the act of May 11, 1911, 
 P. L. 270. 
 
 Section 9. It shall be unlawful for any person 
 to catch and take, or attem])t to catch and take, fish 
 of any kind or description from the Delaware River 
 below Trenton Falls, by means of net, or to use a 
 net of any character in the waters aforesaid, between 
 Saturday at two post meridian, and twelve o'clock, 
 nudnight, Sunday night, in each week. Any person 
 violating any of the provisions of this section shall, 
 on conviction thereof, be subject to a fine of one hun- 
 dred dollars, together with a forfeiture of all nets, 
 boats, and other appliances used. 
 
 This act shall take effect immediately, but shall not 
 bo considered as valid or operative until a similar act 
 has been enacted by the State of New Jersey. A simi- 
 ar act was passed by New Jersey, March 21, 1911. 
 
 Soo'tion 10. It shall be lawful to catch food fish, 
 with rods and lines and hand-lines and trolling-lines, 
 as descrbied in section four of this act, at any time 
 in the year, in the Delaware River below Trenton 
 Falls : but it shall be unlawful to fish for and take 
 game fish, excepting from the fifteenth day of June 
 
 Close sea- 
 son. 
 
 Fine and 
 forfeiture. 
 
 Anchored 
 net pro- 
 hibited. 
 
 Lawf\il de- 
 vices. 
 
 Tributaries. 
 
 Fine and 
 forfeiture. 
 
 Sunday fish- 
 ing with 
 nets, pro- 
 hibited. 
 
 Food flBh. 
 
 Open season. 
 
166 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Open season 
 for game 
 fish. 
 
 Fine. 
 
 Eel pots and 
 fyke nets. 
 
 Close 
 season. 
 
 Open season 
 for carp, 
 catfish, eels 
 and suckers. 
 
 ProTiso. 
 
 Fine and 
 forfeiture. 
 
 Parallel net. 
 
 Close season. 
 Carp only. 
 
 Proviso. 
 ProTiso. 
 
 ProTlso. 
 
 Fine and 
 forfeiture. 
 
 to the first day of December, inclusive, in each year. 
 Any person violating any of the provisions of this 
 section shall, on conviction thereof, be subject to a 
 fine of ten dollars for each and every fish so taken. 
 
 Section 11, It shall be unlawful to use eel pots 
 and fyke nets, each without wings, in the Delaware 
 River below Trenton Fnlls, from June first to July 
 thirty-first in each year, both dates inclusive; but it 
 shall be lawful to use eel pots and fyke nets, each 
 without wings, from July first to May thirty-first, 
 both dates inclusive, in each year, for the purposes 
 of catching carp, catfish, eels, and suckers only. All 
 other species of fish which may be caught in said nets 
 must be returned unharmed immediately to the waters 
 from which taken : Provided, That the entrance of 
 said eel pot and fyke net shall not be more than six 
 inches in diameter, and the outside diameter not more 
 than thirty inches. Any person violating any of the 
 provisions of this section shall, on conviction thereof, 
 be subject to a fine of twenty dollars, together with a 
 forfeiture of all nets, boats, and other appliances used. 
 
 Section 12. As amended by the act of June 3, 1911, 
 P. L. 629. 
 
 Section 12, It shall be unlawful to use a parallel 
 net, otherwise a net set approximately parallel with 
 the shore, in the DolaM-are River and Bay, laying 
 between the States of New Jersey and Pennsylvania, 
 below Trenton Falls, and at low-water mark, between 
 the first day of June and the thirty-first day of Au- 
 gust, in each year ; and it shall be lawful to use such 
 parallel net from the first day of September to the 
 thirty-first day of May, inclusive, next ensuing, in 
 each year, for the purpose of taking carp only : Pro- 
 vided, That the meshes of said net be not less than 
 three and one-half inches stretched measure when be- 
 ing fished : Provided, That seines not smaller than two 
 and one-half inch mesh may be used from September 
 first to May thirty-first, of each year, for the purpose 
 of taking carp and suckers only : And provided fur- 
 ther, That no such net shall be set in such manner 
 as to impede navigation. All other fish than carp and 
 suckers must be returned unharmed to the water 
 beyond the low-water mark. Any person violating 
 any of the provisions of this section shall, on con- 
 viction thereof, be subject to a fine of one hundred 
 dollars, together with a forfeiture of all nets, and other 
 appliances used. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 167 
 
 This aet shall take effect immediately, but shall 
 not be considered as valid or operative until a similar 
 act has b^en enacted by the State of New Jersey. A 
 similar act was passed by the State of New Jersey, 
 March 21. 1911. 
 
 Section 18. It shall be unlawful for any person to Length and 
 catch and take, or to attempt to catch and take, from ^3^1^^^^^?^ 
 the DelaAvare River below Trenton Falls, in any man- ^^y. ^^ 
 npr wliatsoover, any striped bass, otherwise known as taken, 
 rock fish, wei/?hing more than twenty pounds or meas- 
 uring less than ten inches in length ; or any sturgeon, 
 loss than five feet in length ; or any black bass, or 
 any small-mouth bass, large-mouth bass, otherwise 
 known as Oswego or yellow bass less than nine inches 
 in longth ; or any pike or pickerel, or any pike-perch, 
 otherwise known as wall-eyed pike or Susquehanna 
 salmon, less than twelve inches in length ; or any 
 calico or strawberry bass, crappie, white bass, rock 
 bass, otherwise known as red-eye or goggle-eye, or 
 trout, or charr, less than six inches in length. Any 
 fish of a less length than those described, or any 
 striped bass, commonly called rock fish, weighing more 
 than twentv pounds, which may be caught must be 
 returned immediately to the water: Provided, That rroviso. 
 notliing in this section shall be so construed as to pre- 
 vent thp fishery authorities of the Commonwealth of Fishing: au- 
 Pennsvlvania or of the State of N w Jersey captur- thoritics. 
 ing fish of anv size, from said waters, or at any time 
 of the year, or in any manner, for propagation pur- 
 poses and for stocking other waters in their respective 
 State.!, through their representatives. Any person who Fine, 
 shall violate any of the provisions of this section shall, 
 o"h conviction thereof, be subject to a fine of ten dol- 
 lars for each and every fish so caught and had in 
 I»ossfSsion. 
 
 Section 14. It shall be unlawful for any porson, Boats, an- 
 bv boat, anchor, dredge, or otherwise, in the Delaware chore, and 
 River bolow Trenton Falls, to wilfully, and without dredges, 
 reasonable causo. interfere with, break, damage, or 
 destroy anv drifting gill net or hauling seine, or nets 
 of anv description, being lawfully used; and it shall 
 be unlawful for anv person to drift a gill net over 
 the waters of a shore fishery while the hauling seine 
 is being used. Any person violating any of the pro- 
 visions of this section shall on conviction thereof, be 
 subject to a fine of twenty dollars. 
 
 Unlawful 
 use of 
 
 Fine. 
 
168 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Explosives, 
 or poisons. 
 
 Dfleterious 
 or destruc- 
 tive sub- 
 stances. 
 
 Pollution 
 of waters. 
 
 Fine. 
 
 Unlawful, 
 sale, offer, 
 or posses- 
 sion. 
 
 Fine. 
 
 Concurrent 
 jurisdiction. 
 
 Arrests. 
 
 bait, for the pur- 
 injnriug the fish ; 
 gas tar. coal oil, 
 (otherwise known 
 
 this 
 to a 
 
 sell, 
 dead 
 
 Section 15. It shall be unlawful for any person to 
 put or place in the Delaware River below Trenton 
 Falls any explosive or poisonous substances what- 
 soever, or any drug, or any poison 
 post of catching, taking, killing ,or 
 or to allow any dye-stuff, coal or 
 sawdust, tan-bark, cocculus indicus 
 as fish berries), lime, vitriol, or any of the compounds 
 thereof, refuse from gas-houses, oil-tanks or vessels, 
 or any deleterious destructive, or poisonous substances 
 of any kind or character, to be turned into, or allowed 
 to run, flow wash, or be emptied into, any of the 
 waters aforesaid, unless it is shown that every prac- 
 ticable means have been used to prevent the pollution 
 of waters in question by the escape of deleterious 
 substances. In case of the pollution of waters by sub- 
 .stauces known to be injurious to fishes or to fish food, 
 it shall not be necessary to prove that such substances 
 have actually caused the death of any particular fisli. 
 Any person violating any of the provisions of 
 section shall on conviction thereof, be subject 
 fine of two hundred dollars. 
 
 Section 16. It shall be unlawful to purchase, 
 or offer for sale, or have in possession, any fresh 
 game fish or food fish, except during the lawful period 
 for catching the same, and the space of six days after 
 such period has expired. Any person violating any of 
 the provisions of this section shall, on conviction 
 thereof, be subiect to a fine of ten dollars for each 
 fish. 
 
 Section 17. The Commonwealth of Pennsylvania 
 and the State of New Jersey shall have concurrent 
 jurisdiction over all offenses and violations of this act, 
 committed or attempted to be committed by any per- 
 son or persons fishing in the Delaware River below 
 Trenton Falls, within the jurisdiction respectively of 
 the said Commonwealth of Pennsylvania and the State 
 of New Jersey. Any fish warden, or any pei'son in 
 either State authorized to make arrests for violations 
 of the fish laws shall have power and authority to 
 make arrests in any part of the river, or shores 
 thereof, and take such person or persons for trial to 
 the State in which the offense was committed, and 
 proceed against the offender according to the legal 
 procedure for violation of tlie fish laws of said State. 
 If the arrest be made upon the shore of the said Dela- 
 ware River, within this Commonwealth, the said per- 
 son or persons shall be taken before any juctice of the 
 
GAME, FISH, AND FORESTRY LA^^'S. 
 
 169 
 
 peace, alderman, magistrate, or other legally con- 
 stituted authority in the county in which the'^arrest 
 was made, and thereupon make charge of such viola- 
 tion of the law, or any provision thereof; and the 
 justice of the peace, alderman, or other legally con- 
 stituted authority, shall forthwith hear and determine 
 the guilt or innocence of the person or persons so 
 charged, and, if convicted upon such charge, shall be 
 sentenced by said justice, alderman, or magistrate, 
 severally, to pay the fine or fines, penalty or penal- 
 act for such violations, together 
 said fines to be paid over forth-* 
 of the county in which the pro- 
 and said county treasurer to pay 
 sum forthwith to the Commissioner of Fisli- 
 the benefit of the Commonwealth : Provided. 
 
 ties, provided in this 
 with the cost of suit 
 with to the treasurer 
 secution was brought. 
 over the 
 eries for 
 
 That m case the defendant or defendants shall neg- 
 lect to pay. at once, the fine or fines so imposed, said 
 defendant or defendants shall forthwith be s<nitenced 
 to undergo imprisonment, in the county jail of the 
 county where such conviction takes place, for a period 
 of one day for each dollar of fine so imposed and 
 unpaid, unless the defendant or defendants, upon con- 
 viction, shall give notice of intention to appeal, when 
 such defendant or defendants shall be permitted to 
 enter into good and sufficient recognizance to appear 
 before such justice, alderman, or magistrate, on or 
 before the expiration of five days, if such appeal is 
 not taken by them, or on the final determination of 
 such appeal if it be not sustained, for execution of 
 sentence: Provided also, That all actions for any 
 violation of any of the provisions of this act must 
 be taken within one year from the time the offense 
 was committed. In case any fish warden, or any per- 
 son authorized to make arrests for violation of the fish 
 laws, fails to prove his case, and the defendant or de- 
 fendants are discharged or in case the defendant or 
 defendants are convicted, and sent to jail, in lieu of 
 the payment of fine or fines, penalty or penalties, the 
 county in which the case is heard shall pay the costs. 
 Such arrests shall also be made on Sunday, in which 
 case the person or persons shall be taken before the 
 proper oflicer and proceeded against on a week day 
 following the arrest. 
 
 Section 18, Any person or persons who shall bv 
 threat, menace, or force, or in any manner, attempt 
 to deter or prevent any fish warden, or other person 
 authorized to make arrests for violation of the fish 
 
 ( 'luiru'e. 
 
 Proviso. 
 
 Appeal. 
 Bail. 
 
 Proviso. 
 
 Sunday 
 arrests. 
 
 Interference 
 Avith officers 
 
170 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Fines. 
 Kepeals. 
 
 Act of May 
 
 22, 1889. 
 
 Act of May 
 22, 1889, 
 part of. 
 
 Act Of May 
 12, 1901. 
 
 Act of Jmie 
 25, lS9o. 
 
 When act 
 shall go 
 into effect. 
 
 Proviso. 
 
 laws, in either State from enforcing or carrying into 
 effect any provisions of this act, or who shall resist 
 arrest, or the seizure of boats or nets illegally used, 
 shall, on conviction thereof, be subject to a fine of 
 one hundred dollars. 
 
 Section 19. The following acts and parts of acts 
 are intended to be supplied by this act, and the same 
 are hereby repealed ; also, all acts or parts of acts 
 inconsistent with this act, be and the same are hereby 
 repealed. 
 
 1. An act for the protection of shad, sturgeon, and 
 .game fish in the river Delaware, approved May twenty- 
 second, eighteen hundred and eighty-nine. 
 
 2. An act for the protection of shad and game fish 
 in the State of Pennsylvania, approved May twenty- 
 second, eighteen hundred and eighty-nine or so much 
 tliereof as relates to the Delaware River below Tren- 
 ton falls. 
 
 3. An act for the protegtion of Penobscot salmon 
 planted in the river Delaware, and providing penalties 
 for the enforcement thereof, approved May twelfth, 
 nineteen hundred and one. 
 
 4. An act for the protection of sturgeon, approved 
 June twenty-fifth, eighteen hundred and ninety-five. 
 
 Section 20. This act shall take effect immediately ; 
 but no section, proviso, or part of this act shr.ll be 
 considered as valid and operative until a similar act 
 has been enacted by the State of New Jersey : Pro- 
 vided, That when the said State of New Jersey has 
 enacted a similar act, the provisions of this act re- 
 lating to the size of the meshes of nets shall not be- 
 come operative until June second, nineteen hundred 
 and nine. 
 
 Approved— The 1st day of May, A. D. 1009. 
 
 EDWIN S. STUART. 
 
 An act similar to the foregoing was passed by the 
 Legislature of New Jersey and signed by the Gover- 
 nor of that State on April 1st, 1909. 
 
 An act similar to the amended sections 9 and 12 
 of this act was passed by the Legislature of New 
 Jersey and signed by the Goveror upon the 21st day 
 of March, 1911. 
 
 And an act similar to amended section 7 of this 
 act was passed by the Legislature of New Jersey and 
 signed by the Governor upon the 15th day of April, 
 1911. 
 
 So that this act is binding in every particular upon 
 the citizens of Pennsylvania. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 171 
 
 AN ACT 
 
 To encourage the propagation of fish, and to regulate 1909, May 
 the catching, taking and destruction of fish, in the p. l. 480. 
 Delaware River above Tren ton Falls, within the 
 jurisdiction respectively of the Commonwealth of 
 Pennsylvania and of the State of New Jersey; and 
 providing penalties for violation of its provisions, 
 and to repeal acts inconsistent therewith. 
 
 Whereas, By virtue of a joint resolution of the ^^-hereas 
 Commonwealth of Pennsylvania, approved the eighth 
 day of May, Anno Domini one thousand nint hun- 
 dred and seven, entitled "A joint resolution providing 
 for the creation of a commission to co-operate with 
 the authorities of the State of New Jersey, New 
 York, and Delaware in regard to the propagation, 
 protection, and catching of sturgeon, shad, bass, 
 perch, and other fish in the Delaware River ; the 
 adoi)tion of concurrent laws relevant thereto by such 
 States and to co-operate with the authorities of the 
 State of Maryland in regard to fish and fishing in the 
 Susquehanna River, and the adoption of concurrent 
 laws relevant thereto by such States ; and to inquire 
 in relation to the pollution of the waters of said riv- 
 ers, and recommended legislation regulating and con- 
 trolling the same ; and making an appropriation for 
 those purposes," the following were appointed com- 
 missioners on the part of the Commonwealth of Penn- 
 sylvania: From the Senate, Frederick A. Godcharles, 
 Webster Grim, and Algernon B. Roberts ; from the 
 House of Representatives, Hiram J. Sedwick, Alfred 
 Marvin, and Joseph N. Hunter ; by Governor Edwin 
 S. Stuart, Henry F. Walton ; and by the terms of 
 the joint resolution, the Commissioner of Fisheries, 
 W. E. Meehan, and Prank B. McCIain, Speaker of the 
 House ; and 
 
 Whereas, By a joint resolution passed by the Leg- 
 islature of the State of New Jersey, approved March 
 twenty-fifth, Anno Domini one thousand nine hundred 
 and eight, entitled "Joint resolution providing for 
 the creation of a commission to co-operate with the 
 authorities of the States of Pennsylvania and New 
 York in regard to the propagation, protection, and 
 
 Whereas. 
 
172 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Whereag. 
 
 Whereas. 
 
 Delaware 
 RiTcr above 
 Trenton 
 Falls. 
 
 Right of 
 fishery. 
 
 catcliing of fish in the Delaware River ; and to in- 
 quire into any causes of pollution of the waters of 
 said river and to reconimond legislation in regard 
 to such propagation, protection, ai '1 catching of fish 
 in the Delaware River, and to ob\iate the pollution 
 thereof," the following were appointed to represent 
 the State of New Jersey : Fi-nni the Senate, Edmund 
 W. Wakelee and Joseph S. Frelinghuysen ; from the 
 Assembly, Austin Colgate, Oliver C. Holcombe. and 
 Henry D. Thompson ; by the Governor, John Frank- 
 lin Fort, Doctor Henry Van Dyke ; and by the 
 terms of the resolution, President of the Fish and 
 Game Commission, B. C. Kuser, President of the 
 Senate. Thomas J. Hillery. and Frank B. Jess, Speak- 
 er of the House of Assembly ; and 
 
 Whereas, The Commission of the said Common- 
 wealth of Pennsylvania and the State of New Jersey 
 have been duly organized, as provided and required 
 by law ; and 
 
 Whereas, The said Commissioners of the said Com- 
 monwealth of Pennsylvania and the said State of 
 New Jersey, in joint meeting held for that puri^ose, 
 have agreed upon uniform laws to provide an act 
 providing uniform laws to encourage the propagation 
 of fish, and to regulate the catching, taking, and de- 
 struction of fish, in the Delaware River above Tren- 
 ton Falls, within the concurrent jurisdiction of the 
 Commonwealth of Pennsylvania and the State of 
 New Jersey, and providing penalties for violation of 
 its provisions ; therefore,^ — • 
 
 Section 1. Be it enacted. &c.. That the provisions 
 of this act shall effect and apply only to the pro- 
 pagation, catching, taking, and protection and de- 
 struction, of fish in the waters of the Delaware 
 River above Trenton Falls, lying between the Com- 
 monwealth of Pennsylvania and the State of New 
 Jersey. 
 
 Section 2. The inhabitants of the Commonwealth 
 of Pennsylvania and of the State of New Jersey shall 
 have and enjoy a common right of fishery throughout, 
 in, and over the waters of said river, between low- 
 water mark on each side of said river, betwen said 
 States, above Trenton Falls, except so far as either 
 State may have heretofore granted valid and subsist- 
 ing private right of fishery. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 173 
 
 Section 3. For the purpose of this act, the follow- 
 ing tish shall be designated as game fish, to wit. 
 Black bass, or small-mouth bass ; large-mouth bass, 
 otherwise called Oswego, or yellow bass, strawberry, 
 or calico bass ; rock bass, otherwise known as red-eye 
 or g<»ggle-eye ; white bass, i^rappie ; pike-perch, other- 
 wise called wall-eyed pike, Susquehanna salmon ; 
 pike, pickerel, white perch, yellow perch ; charr, 
 <H)nunonIy called brook or speckled trout; or any 
 form of trout. The following shall be designated as 
 bait fish ; to wit, All spices of minnows, killifishes, 
 and stone catfish. All other species or varieties of 
 fish, whatsoever, shal] be designated as food fish. 
 
 Section 4. It shall be unlawful to catch or fish 
 for any game fish, in any part of the Delaware 
 River above Trenton Falls, with any device, or by 
 any means or method whatsoever, excepting with 
 rods and lines ; or hand-lines, commonly called dip- 
 sey or throw-lines, each having not more than three 
 hooks ; or with trolling-lines, with spoon or artificial 
 bait, having not more than one burr of three single 
 hooks attached. Tlie number of rods and lines, or 
 the number of trollii'g-lines, not to exceed two of 
 one or the other device named, and said lines must 
 be under the direct and immediate supervision of the 
 I)erson fishing therewith. Any person violating any 
 provisions of this section shall, on conviction thereof, 
 be subject to a fine of twenty dollars. 
 
 Section 5. It shall be unlawful to fish for bait 
 fisli, in the Delaware Ri\er above Trenton Falls, 
 except with the following devices : to wit, rods and 
 lines and hand lines, with not more than three hooks 
 attached; a minnow seine, not more than one hun- 
 dred feet in length ; a dip net, not more than five 
 f(>et square ; a minnow trap, the opening of which 
 shall not be more than one and one-quarter inches in 
 diameter; a scoop net, with single handle, and with 
 a di .-'.meter of net not morp than two feet. Any per- 
 any other device, method, or means for 
 
 Game fish. 
 
 son wno uses 
 catching bait 
 section, shall, 
 fine of twenty 
 Section 6. 
 
 fish, other than those 
 on conviction thereof, 
 dollars. 
 It shall be unlawful 
 
 specified in this 
 be subject to a 
 
 to fish for food 
 fish, in the Delaware River above Trenton Falls, 
 with any device, method, or means excepting by the 
 following devices, and under regulations and re- 
 st i-ietions hereinafter described ; to wit, a seine, an 
 
 Bait fish. 
 Food fish. 
 
 Lawful man- 
 ner of fishing 
 for game 
 fish. 
 
 Fine. 
 
 Lawful man- 
 ner of fish- 
 ing for bait 
 fish. 
 
 Fine. 
 
 Lawful man- 
 ner of fish- 
 ing for food 
 tish. 
 
174 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Sturgeon. 
 
 Seine. 
 
 Other food 
 fish. 
 
 Close 
 season. 
 
 Fines and 
 forfeitures. 
 
 Anchored or 
 staked net 
 prohibited. 
 
 Bel pots and 
 fyke nets. 
 
 Tributaries. 
 
 Fines and 
 forfeitures. 
 
 eel pot, or a fyke net, each without wings ; and rod.s 
 and lines, or hand-lines, otherwise known as dipsey 
 or throw-lines, each having not more than three 
 hooks. Any person who shall use or employ any 
 method or device for catching food fish other than 
 those named in this section, or shall use or employ 
 any device named in this section contrary to the reg- 
 ulations or restrictions hereinafter mentioned, shall 
 be subject to a fine of twenty dollars. 
 
 Section 7. It shall be unlawful for any person to 
 catch and take, or attempt to catch and take, stur- 
 geon, from the Delaware River above Trenton Falls, 
 with any device excepting a seine, the meshes of 
 which shall not be less than thirteen inches stretched 
 measure while being fished ; or to catch and take 
 or attempt to catch and take, any other food fish 
 from said waters with a seine the meshes of which 
 shall be less than two and one-half inches stretched 
 measure while being fished. It shall also be unlawful 
 for any person to catch and take, or to attempt to 
 catch and take, any food fish, except sturgeon, by 
 means of a seine, betwen the tenth day of June, in 
 each and every year, and the first day of March next 
 ensuing. Any person who shall violate any of the 
 provisions of this section shall, on conviction thereof, 
 be subject to a fine of one hundred ($100) dollars, 
 together with a forfeiture of all nets, boats and appli- 
 ances used. 
 
 Section 8. It shall be unlawful for any person to 
 catch and take or attempt to catch and take, any 
 fish of any Mnd, from the Delaware River " above 
 Trenton Falls, with a net of any character, which 
 is anchored or staked or fastened down in any man- 
 ner, permanently or otherwise, or to use any net so 
 anchored or fastened down, in any manner. Nor 
 shall any net of any kind or character, excepting an 
 eel pot, a fyke net, each without wings, be used for 
 the purpose of catching and taking fish in said 
 waters, within one-half mile above or below the 
 mouth of any river, creek or stream emptying into 
 said Delaware River above Trenton Falls. Any per- 
 son who shall violate any of the provisions of this 
 section shall, on conviction thereof, be subject to a 
 fine of twenty ($20) dollars, together with the for- 
 feiture of nets, boats, and other appliances used. 
 
 Section 9. As amended by the act of June 3, 1911, 
 P. L. 637. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 175 
 
 Section 9. It shall be unlawful for any person to 
 catch and take, fish of any kind or description from 
 the Delaware River above Trenton Falls, by means 
 of a net, or to use a net of any character in the 
 waters aforesaid between Saturday at two o'clock 
 post meridian and twelve o'clock midnight Sunday 
 night, in each week. Any person violating any of 
 the provisions of this section shall, on conviction 
 thereof, be subject to a fine of one hundred dollars, 
 together with a forfeiture of all nets, boats, and other 
 appliances used. 
 
 This act shall take effect immediately, but shall 
 not be considered as valid or operative until a similar 
 act has been enacted by the State of New Jersey. 
 A similar act passed by New Jersey, May 1, 1911. 
 
 Section 10. It shall be lawful to catch food fish, 
 with rods and lines, and hand-lines, and trolling- 
 lines, as described in section four of this act, at 
 any time of the year, in the Delaware River above 
 Trenton Falls ; but it shall be unlawful to fish for 
 and take game fish, excepting from the fifteenth day 
 of June to the first day of December, inclusive, in 
 each year. Any person violating any of the provis- 
 ions of this section shall, on conviction thereof, be 
 subject to a fine of ten ($10) dollars for each and 
 every fish so taken. 
 
 Section 11. It shall be unlawful to use eel pots 
 and fyke nets, each without wings, in the Delaware 
 River above Trenton Falls, from June first to July 
 first in each year, both dates inclusive ; but it shall 
 be lawful to use eel pots and fyke nets, each without 
 wings, from July first to May thirty-first, both dates 
 inclusive, in each year, for the purpose of catching 
 carp, catfish, eels, and suckers only. All other species 
 of fish which may be caught in said nets must be 
 returned unharmed immediately to the waters from 
 which taken : Provided, That the entrance of said 
 eel pot and fyke net shall not be more than six inches 
 in diameter, and the outside diameter not more than 
 thirty inches. Any person violating any of the pro- 
 visions of this section shall, on conviction thereof, be 
 subject to a fine of twenty ($20) dollars, together 
 with a forfeiture of all nets, boats, and other appli- 
 ances used. 
 
 Pishing by 
 use of net 
 prohibited, 
 witliin cer- 
 tain lionrs. 
 
 Fine and 
 forfeiture. 
 
 Fool fish ; 
 open season. 
 
 Open season 
 for game fish 
 
 Eel pots and 
 fyke nets ; 
 close season. 
 
 Open season 
 for carp, 
 catfish, eels, 
 and suckers. 
 
 I'roviso. 
 
 Fine and 
 forfeiture. 
 
176 
 
 GAME, FISH, AND FORESTllY LAWS. 
 
 Length and 
 weight of 
 lish that 
 may be 
 taken 
 
 I'roviso. 
 
 Fishery au- 
 thorities. 
 
 1' ine. 
 
 Boats, 
 
 Anchors and 
 dregdes. 
 
 Unlawful 
 use of. 
 
 Fine. 
 
 Llxplosivcs. 
 or poisons. 
 
 Soctioii 12. It shall be unlawful for any person 
 to catch and take, or attempt to catch and take, 
 from the Delaware River above Trenton Falls, in 
 any manner Avhatsoever, any striped bass, otherwise 
 known as rock fish, w'eighing more than twenty 
 pounds, or measuring less tlian ten inches in length ; 
 or any sturgeon less than five feet in length ; or any 
 black bass, or any small-mouth bass, large-mouth 
 bass, otherwise known as Oswego or yellow bass, less 
 than nine inches in length ; or any pike or pickerel, 
 or any pike-pei-ch, otherwise known as wall-eyed pike 
 or Susquehanna salmon, less than twelve inches in 
 length ; or any calico or strawberry bass, crappie, 
 white bass, rock bass, otherwise known as red-eye or 
 goggle-eye, or trout, or charr, less than six inches in 
 length. Any fish of a less length than those described, 
 or any striped bass, commonly called rock fish, 
 weighing more than twenty pounds, w^liich may be 
 caught, must be returned immediately to the water: 
 Provided, That nothing in this section shall be so 
 construed as to prevent the fishery authorities of the 
 Commonwealth of Pennsylvania or of the State of 
 Ncw^ Jersey capturing fish of any size, from said 
 wat(!rs, or at any time of the year, or in any manner 
 for propagating purposes and for stocking other 
 waters in their respective States, through their au- 
 thorized representatives. Any person who shall vio- 
 late any of the provisions of this section shall, on 
 conviction thereof, be subject to a fine of ten dollars 
 for each and every fish so caught and had in possess- 
 ion. 
 
 Section l■^. It shall be unlawful for any person, 
 by boat, anchor, dredge, or otherwise, in the Dela- 
 ware River alTove Trenton Falls, to wilfully, and 
 without reasonable cause, interfere with, break, dam- 
 age, or destroy any hauling seine, or net of any de- 
 scription, being lawfully used. Any person violating 
 any of the provisions of this section shall, on con- 
 viction thereof, be subject to a fine of twenty dollars. 
 
 Section 14. It shall be unlawful for any person 
 to ])ut or place in the Delaware River above Ti-onton 
 Falls any explosive or poisonous si'ibstances whatso- 
 ever, or any drug, or any poison bait, for the purpose 
 of cjitching, taking, killing, or injuring the fish, or 
 to allow any dye-stuff, coal or gas tar, coal oil, 
 sawdust, tanbark, cocculus indicus (otherwise known 
 as fish beri-ies), lime, vitriol, or any of the compounds 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 177 
 
 emptied iuto, any of 
 is shown that every 
 to prevent the pollu- 
 escape of deleter- 
 the pollution of 
 
 Deleterious 
 or destruc- 
 tive sub- 
 stances. 
 
 Pollution of 
 waters. 
 
 thereof, refuse from gas-houses, oil-tanks or vessels, 
 or any deleterious, destructive or poisonous substan- 
 ces of any kind or character, to be turned into or al- 
 lowed to run, flow, wash or be 
 the waters aforesaid, unless it 
 practicable means ]ias been used 
 tion of waters in question by the 
 ious substances. In the case of 
 waters by substances known to be injurious to fishes 
 or to fish food, it shall not be necessary to prove that 
 such substances have actually caused the death of 
 any particular fish. Any person violating any of the 
 provisions of this section shall, on conviction thereof, 
 be subject to a fine of two hundred dollars. 
 
 Section 15. It shall be unlawful to purchase, sell, 
 or offer for sale, or have in possession, any fresh dead 
 game or food fish, except during the lawful period for 
 catching the same, and the space of six days after 
 such period has expired. Any person violating any of 
 the provisions of this section shall, on conviction 
 thereof, be subject to a fine of ten dollars for each 
 fish. 
 
 Section 16. The Commonwealth of Pennsylvania 
 and the State of New Jersey- shall have concurrent 
 jurisdiction over all offenses and violations of this 
 act, committed or attempted to be committed by any 
 person or persons fishing in the Delaware River above 
 Trenton Falls, within the jurisdiction respectively 
 of the said Commonwealth of Pennsylvania and of 
 the State of New Jersey. Any fish warden, or any 
 person in either State authorized to make arrests for 
 violation of the fish laws, shall have power and au- 
 thority to make arrests in any part of the river, or 
 shores thereof, and take such person or persons for 
 trial to the State in wliich the offense was committed, 
 and proceed against the offender according to the 
 legal procedure for violation of the fish laws of said 
 State. If the arrest be made upon the shores of the 
 said Delaware River, within this Commonwealth, the 
 said person or persons shall be taken before any jus- 
 tice of the peace, alderman, magistrate, or other 
 legally constituted authority in the county in which 
 the arrest was made, and thereupon make charge of Charge. 
 such violation of the law, or any provision thereof ; 
 and the justice of the peace, alderman, or other legally 
 
 Fine. 
 
 Unlawful 
 Sale, offer, 
 or posses- 
 sion. 
 
 Fine. 
 
 Concurrent, 
 jurisdiction. 
 
 Arrest. 
 
 12 
 
178 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 constituted authority shall forthwith hear and de- 
 termine the guilt or innocence of the person or per- 
 sons so chargel and, if convicted ut)on such charge, 
 shall be sentenced by said justice, alderman, or 
 magistrate , severally, to pay the fine or fines, penalty 
 or penalties, provided in this act, for such violations, 
 together with the costs of suit; said fines to be paid 
 over forthwith to the treasurer of the county in which 
 the prosecution was brought, and said county treas- 
 urer to pay over Uia sum forthwith to the Commis- 
 sioners of Fisheries, for the benefit of the Common- 
 
 ProTiso. wealth : Provided, That in case the defendant, or de- 
 
 fendants shall neglect to pay, at once, the fine or 
 fines so imposed, said defendant or defendants shall 
 forthwith be sentenced to undergo imprisonment, in 
 the county jail of the county where such conviction 
 takes place, for a period of one day for each dollar 
 of fine so imposed and unpaid, unless the defendant 
 or defendants, upon conviction, shall give notice of 
 intention to appeal, when such defendant or de- 
 fendants shall be permitted to enter into good and 
 suflicient recognizance to appear before such justice, 
 alderman, or magistrate, on or before the expiration 
 of five days, if such appeal is not taken by them, or 
 on the final determination of such appeal if it bo 
 not sustained, for execution of sentence : Provided 
 also, That all actions for any violation of any of 
 the provisions of this act must be taken within one 
 year from the time the offense was committed. In 
 case any fish warden, or any person authorized to 
 make arrests for violation of the fish laws, fails to 
 prove his case, and the defendant or defendants are 
 convicted, and are sent to jail, in lieu of the payment 
 of fine or fines, penalty or penalties, the county in 
 
 Costs. which the case is heard shall pay the costs. Such 
 
 arrests shall also be made on Sunday, in which case 
 the person or persons shall be taken before the proper 
 ^ officer and proceeded against on a week day follow- 
 ing the arrest. 
 
 Interference Section 17. Any person or persons who shall by 
 
 with officers, threat, menace, or force, or in any manner, attempt 
 to deter or prevent any fish warden, or other person 
 authorized to make arrests for violation of the fish 
 laws, in either State, from enforcing or carrying into 
 effect any provisions of this act, or who shall resist 
 
 Appeal. 
 Ball. 
 
 ProTiso. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 179 
 
 arrest, or the seizure of boats or nets illegally used, 
 shall, on conviction thereof, be subject to ^ fine of 
 one hundred dollars. 
 
 Section 18. The following acts and parts of acts 
 are intended to be supplied by this act, and the same 
 are hereby repealed ; also, all acts or parts of acts 
 inconsistent with this act, be and the same are hereby 
 repealed. 
 
 1. An act for the protection of shad, sturgeon, 
 and game fish in the river Delaware, approved May 
 twenty-second, eighteen hundred and eighty-nine. 
 
 2. An act for the protection of shad and game fish 
 in the State of Pennsylvania, approved May twenty- 
 second, eighteen hundred and eighty-nine, or so much 
 thereof as relates to the Delaware River below Tren- 
 ton Falls. 
 
 3. An act for the protection of Penobscot salmon 
 planted in the river Delaware, and providing pen- 
 alties for the enforcement thereof, approved May 
 twelfth, nineteen hundred and one. 
 
 4. An act for the protection of sturgeon, approved 
 June twenty-fifth, eighteen hundred and ninety-five. 
 
 Section 19. This act shall take effect immediately, 
 but no section, proviso, or part of this act shall be 
 considered as valid and operative until a similar act 
 has been enacted by the State of New Jersey : Pro- 
 vided, That when the said State of New Jersey has 
 enacted a similar act, the provisions of this act re- 
 lating to the size of the meshes of nets shall not 
 become operative until June second, nineteen hun- 
 dred and nine. 
 
 Approved — The eighth day of May, A. D. 1909. 
 
 EDWIN S. STUART. 
 
 An act similar to the foregoing was passed by the 
 Legislature of New Jersey and signed by the Gover- 
 nor of that State on April 1st 1909. 
 
 Fine. 
 Repeals. 
 
 Act of May 
 22, 1889. 
 
 Act of May 
 
 22, 1889. 
 
 Act of May 
 12, 1901. 
 
 Act of June 
 25, 1895. 
 
 When act 
 shall go 
 into effect. 
 
 Proviso. 
 
180 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act April 22, 
 193 2, P. L. 
 112. 
 
 I'lcainble. 
 
 Dam at 
 
 McCall's 
 
 Feny. 
 
 Examina- 
 tion. 
 
 A JOINT RESOLUTION 
 
 Requiring the construction of an adequate fish-way 
 in the dam constructed across the Susquehanna 
 River by the McOalFs Ferry Power Company, now 
 the Pennsylvania Water and Power Company, at 
 McCalls' Ferry ; providing how, and when, and by 
 whom such fish-way sliall be constructed, and pro- 
 viding penalties for failure to comply with the 
 terms of this resolution. 
 
 Whereas, The McC all's Ferry Power Company, 
 now known as Pennsylvania Water Power Company, 
 has heretofore erectd a dam across the river Susque- 
 hanna, at McCall's Ferry ; and 
 
 Whereas. In the decree of court nuthorizing the 
 construction of said dam, the construction and main- 
 tenance thereof was subject to the making and main- 
 taining by said company of adequate provision for 
 the passage of fish : and 
 
 Whereas, The said company, in wanton and flag- 
 rant violation and disregard of said decree, has hith- 
 erto refused and neglected to comply therewith and 
 has wilfully refused and neglected to make adequate 
 provision for the passage of fish, as aforesaid ; and 
 
 Whereas, Inasmuch as said company has acted in 
 flagrant contempt of the laws of this Commonwealth 
 and of said decree, the powers and privileges vested 
 in said company should be revoked and the company 
 made to realize that it cannot with impunity act in 
 wilful disregard of the rights of the citizens of Penn- 
 sylvania ; therefore, — 
 
 Section 1. Be it resolved, &c., That the Fish Com- 
 missioner is hereby authorized to examine the dam 
 erected across the Susquehanna River, at McCalFs 
 Ferry, by the McCall's Ferry Power Company, now 
 the Pennsylvania Water and Power Company, and 
 to ascertain whether said company has complied with 
 the decree of the court of common pleas of Dauphin 
 County made on, to wit, the fourteenth day of Jan- 
 uary, one thousand nine hundred and seven, as of 
 i-ecord at number four hundred sixty-two, Common- 
 wealth docket one thousand nine hundred six, and 
 to ascertain whether adequate provision has been 
 made for the passage of fish. If the Fish Commis- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 181 
 
 siuiu'i- shall ascertain that adequate provision for the 
 passage of fish has not been made, he shall, in writ- 
 ing, notify the said company to begin not later than 
 June first, one thousand nine hundred and thirteen, 
 and complete not later than November first, one 
 thousand nine hundred and thirteen, the construc- 
 tion of a fish-way that will thereafter secure ade- 
 quate provision for the passage of- fish up and down 
 said river. If said company shall not, after the ex- 
 piration of one week from service of said notice on 
 any official of tlie company, begin such work, and 
 prosecute it continuously to completion within the 
 said limit of time, and in accordance with plans here- 
 tofore or hereafter prepared by the Fish Commis- 
 sioner, then said Fish Commissioner is hereby author- 
 ized to cause said work to be done in accordance with 
 said plans, and at the cost of the said company. If 
 the work be done by the Fish Commissioner, he is 
 hereby authorized to collect in the name of this Com- 
 monwealth, the cost thereof, with a penalty of fifty 
 per centum additional, to be collected as debts of 
 like amount are now by law collected. Tlie surplus, 
 after payment for said work, shall be paid into the 
 treasury of this Commonwealth. Furthermore, if the 
 said coitnpany shall not begin said Avork as aforesaid, 
 the Fish Commissioner shall lay the matter before 
 the Attorney General, who shall forthwith, by quo 
 warranto, proceed to have the powers and privileges 
 heretofore vested in said company revoked. 
 
 Approved— The 22rt "lay of April, A. D. 1913. 
 
 JOHN K. TENER. 
 
 Fishway. 
 
 Notice. 
 
 Authority of 
 the Commis- 
 sioner. 
 
 Cost. 
 
 Writ of quo 
 warranto. 
 
182 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act of April 
 121, 1915, P. 
 L. 160. 
 
 Fish 
 
 Fishing by 
 
 unnaturalized 
 
 foreign-bom 
 
 resident, 
 
 prohibited. 
 
 Resideat 
 defined. 
 
 Affidavit. 
 
 Warrant. 
 
 Hearing. 
 
 AN ACT 
 
 To give additional protection to the fish in the waters 
 within the Commonwealth of Pennsylvania ; pro- 
 hibiting the fishing for, or capture or killing of, 
 such fish by unnaturalized foreign-born residents ; 
 and prescribing penalties for violation of its pro- 
 visions. 
 
 Section 1. Be it enacted, etc., That from and after 
 the passage of this act, it shall be unlawful for any 
 unnaturalized foreign-born resident to go fishing for, 
 or capture or kill, in this Commonwealth, any fish 
 of any description. Each and every person violating 
 any provisions of this section shall, upon conviction 
 thereof, be sentenced to pay a penalty of twenty dol- 
 lars for each offense, or undergo imprisonment in 
 the common jail of the county for the period of one 
 day for each dollar of penalty imposed. 
 
 Section 2. For the purpose of this act, any unnat- 
 uralized foreign-born person who shall reside or 
 live within the boundaries of the Commonwealth of 
 Pennsylvania for ten consecutive days, shall be con- 
 sidered a resident, and shall be liable to the penalties 
 imposed for violation of the provisions of this act. 
 
 Section 3, From and after the passage of this act, 
 any justice of the peace, alderman, or magistrate, 
 upon information or complaint made to him by affi- 
 davit of one or more persons, charging any person 
 or persons with having violated the provisions of this 
 act, is hereby authorized and required to issue his 
 warrant, under his hand and seal, directed to any 
 constable, peace officer, or warden, and cause such 
 j)erson or persons to be arrested and brought before 
 such justice, alderman, or magistrate, who shall hear 
 and determine the guilt or innocence of the person or 
 persons so charged ; and, if convicted of such charge, 
 shall be sentenced by said justice, alderman, or 
 magistrate, severally, to pay the fine or fines, penalty 
 or penalties, provided in this act for such violations, 
 together with the costs of suit. The whole of said 
 fine shall be paid over forthwith to the treasurer of 
 the county in which the prosecution was brought, and 
 said county treasurer shall pay over the same forth- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 183 
 
 with to the Commissioner of Fisheries, for the benefit 
 of the Commonwealth : Provided, That, in case the 
 defendant or defendants shall neglect to pay at once 
 the fine or fines so imposed, said defendant or de- 
 fendants shall forthwith be sentenced to undergo im- 
 prisonment in the county jail of the county where 
 such conviction takes place, for the period of one day 
 for each dollar of fine so imposed and unpaid, unless 
 the defendant or defendants, upon conviction, shall 
 give notice of intention to appeal, when such defend- 
 ant or defendants shall be permitted to enter into 
 good and suflicient recognizance to appear before such 
 justice, alderman, or magistrate, on or before the ex- 
 piration of five days, if such appeal is not taken by 
 them, or on the final determination of such appeal 
 if it be not sustained, for execution of sentence ; 
 Provided also. That all actions for any violation of 
 any of the provisions of this act must be taken within 
 one year from the time the offense was committed; 
 and, when necessary to properly conduct any case 
 before any alderman, justice of the peace, magistrate, 
 or any court, the Commissioner of Fisheries is au- 
 thorized to employ legal counsel. 
 
 Section 4. From and after the passage of this act, 
 any fish commissioner, fish-warden, deputy-warden, 
 slieriff, deputy sheriff, constable ,or any special 
 officer, or any peace officer in this Commonwealth, 
 is hereby authorized and commanded to forthwith ap- 
 prehend and arrest any person or persons who may 
 be guilty of violating the provisions of this act, and 
 take such person or persons before any justice of the 
 peace, alderman, or magistrate, and thereupon make 
 charge of such violation of this act ; and the justice 
 of the peace, alderman, or magistrate shall forth- 
 with hear and determine the charge, as provided in 
 section three of this act ; and, in case any fish com- 
 missioner, fish-warden, or any officer named above, 
 fails to prove his case, and the defendant or defend- 
 ants are discharged ; or, in case the defendant or 
 defendants are convicted, and are sent to jail in lieu 
 of the payment of fine or fines, penalty or penalties, 
 the county in which the case is heard shall pay the 
 costs. Such arrests may also be made on Sunday, in 
 which case the person or persons, so arrested, for 
 safe-keeping may be committed to the jail or lock-up 
 
 Proviso. 
 Non-payoieat. 
 
 Notice of 
 appeal. 
 
 Previso. 
 
 Counsel. 
 Arrests. 
 
 Authority of 
 officers. 
 
 Charge. 
 Hearing. 
 
 Costa. 
 
 Sunday 
 arrests. 
 
184 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Repeal. 
 
 for that day, but shall be taken before the proper 
 magistrate and proceeded against on a week-day fol- 
 lowing the arrest. 
 
 Section 5. All acts or parts of acts inconsistent 
 with this act are repealed. 
 
 Approved— The 21st day of April, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 Act of May 
 29. 1917, r. 
 L. 322. 
 
 Bullfrog?, 
 tadpoles and 
 terrapin. 
 
 Close 
 season. 
 
 Unla-nfiil 
 oatcli of 
 bullfrogs. 
 
 Penalty. 
 
 Unlawful 
 oatch of 
 tadpoles. 
 
 AN ACT 
 
 To give protection, and to regulate the catcliing or 
 taking or liaving in possession, within this Com- 
 monwealth, of any bullfrogs, tadpoles, and ter- 
 rapin ; and providing penalties and punishments 
 for violation of any of the provisions of this act, 
 and the manner of proceeding to enforce com- 
 pliance therewith : and providing for the disposi- 
 tion of the penalties and fines recovered and re- 
 ceived ; and how, and by whom, the costs in such, 
 cases shall be paid. 
 
 Section 1. Be it enacted. &c., That from and after 
 the passage of this act it sliall be unlawful for any 
 
 person to catch, take, or 
 poles, from the first day 
 day of July, both dates 
 from the fifteenth day of 
 
 kill any bullfrogs or tad- 
 
 of November to the first 
 
 inclusive, and terrapin,* 
 
 March to the first day of 
 
 November, both dates inclusive, in each year, in any 
 of the waters within this Ccimmonwealth or in the 
 boundary wators thereof. 
 
 Section 2. From and after the passage of this act 
 it shall be unlawful for any person to catch, kill, or 
 have in possession in any one day more than twenty- 
 five bullfrogs, or more than fifty in any one season. 
 Any person violating any of the provisions of this sec- 
 tion shall, on conviction as provided in section eight 
 of this act. be subject to a penalty of ten dollars for 
 each and every frog so taken, caught, or had in pos- 
 session. 
 
 Section 3. From and after the passage of this act 
 it shall be unlawful for any one person to catch, 
 take, or kill more than twenty-five tadpoles in any 
 
 "Under an opinion of the Attorney 
 turtle is not classed as terrapin. 
 
 General the snapping 
 
ga:me, fish, and forestry laws. 
 
 185 
 
 one day, or liave more than twenty-five tadpoles in 
 possession at any one time. Any person violating 
 any of the provisions of this section shall, on convic- 
 tion as provided in section eight of this act, be sub- 
 ject to a penalty of ten dollars for each and every 
 tadpole so takr-u, caught, or had in possession. 
 
 Section 4. From and after the passage of tliis act 
 it shall be unlawful for any one person to catch, 
 take, or kill more than five terrapin in any one day, 
 ov more than fifty in any one season. Any person 
 \iolating any of the provisions of this act shall, on 
 conviction as provided in section eight of this act, be 
 subjiK't to a penalty of ten dollars for each and 
 every terrapin so taken, caught, or had in possession. 
 
 Section 5. F)-om and after the passage of this act 
 it shall be unlawful to catch, take, or kill any bull- 
 fi-ogs by the use of a light at night. Any person 
 violating any of the provisions of t^iis section shall, 
 on conviction thereof as provided in section eight of 
 this act, be subject to a penalty of twenty-five dol- 
 lars. 
 
 Section 6. The several sections of this act are to 
 be deemed independent of each other, in the event 
 of any section hereof being declared unconstitutional, 
 it is hereby declared as the intention of the Legisla- 
 ture that such section may be eliminated therefrom 
 without affecting any other portion of this act. 
 
 Section 7. That from and after the passage of this 
 act any fish commissioner, fish-warden, special fish- 
 warden, sheriff, deputy sheriff, constable, or any spe- 
 cial oflicer, or any peace officer of this Commonwealth, 
 is hereby authorized and commanded to forthwith 
 seize any net, nets, or device whatever that may be 
 used in any violation of any of the provisions of this 
 act, and turn the same over to the Department of 
 Fisheries ; and they are hereby authorized and com- 
 manded to forthwith apprehend and arrest any person 
 or persons who may be guilty of violating any of the 
 jirovisions of this act. and take him or them before 
 any justice of the peace, magistrate, or other legally 
 constituted authority, and thereupon make charge of 
 such violation of the law, or of any of the provisions 
 thereof ; and the magistrate shall forthwith hear and 
 determine the charge, as provided in this act ; and in 
 case any fish commissioner, fish-warden, or other of- 
 ficer named above fails to prove his case, and the de- 
 
 Penalty. 
 
 Unlawful 
 catch of 
 terrapin. 
 
 Penalty. 
 
 Use of light 
 in catching 
 l)Ullfrogs. 
 
 Penalty. 
 
 Sections of 
 act indepen- 
 dent of each 
 other. 
 
 Seizure of 
 devices used 
 by violators. 
 
 Arrests au- 
 thorized. 
 
 Hearing by 
 magistrate. 
 
186 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Coiinty to 
 pay costs If 
 case falls. 
 
 Payment of 
 costs. 
 
 Arrests on 
 Sunday, 
 
 Fines, etc., 
 go to State 
 Treasury. 
 
 To be sepa- 
 rate tund foi 
 propagation. 
 
 Parapher- 
 nalia to be 
 Bold. 
 
 Illegal de- 
 Tires tt# be 
 destroyed. 
 
 IsRUiiife of 
 wan ant. 
 
 fendant or defendants are discharged, the county shai 
 pay the costs ; and in case the defendant or defend- 
 ants are convicted, and are set to jail in lieu of 
 the payment of the fine or fines, penalty or penal- 
 ties, the county in which the case is heard shall pay 
 the costs, without, however, relieving any defendant 
 or defendants sentenced to pay the same. Such ar- 
 rests may also be made on Sunday, in which case 
 the person or persons shall be taken before the proper 
 officer and proceeded against on a week day following 
 the arrest. All fines, penalty or penalties, paid to 
 any justice of the peace, aldertnan or magistrate, 
 shall forthwith be paid over by him to the Commis- 
 sioner of Fisheries, and by him deposited into thf 
 State Treasury, where it shall be kept as part of a 
 fund separate and apart, to be used solely under 
 the direction of the Department of Fisheries, for the 
 purpose of defraying any of the necessary expenses 
 incurred in the purpose of fish propagation and pro- 
 tection. All boats, and nets, or devices, forfeited to 
 the Department of Fisheries shall be sold, and the 
 moneys received therefrom by the department shall be 
 paid into the State Treasury, where it shall be kept 
 as part of a fund separate and apart, to be used 
 solely under the direction of the Department of Fish- 
 eries for the purpose of defraying any of the neces- 
 sary expenses incurred in the purpose of fish propa- 
 gation and protection. All illegal devices not pre- 
 served for exhibition purposes are to be destroyed, 
 under the direction of the Commissioner of Fisheries, 
 Section 8, That any justice of the peace, alderman, 
 or magistrate upon information or complaint made 
 to him by affidavit of one or more persons, charging 
 any person or persons with having violated any of the 
 provisions of this act', or any of the rules and regula- 
 tions^ adopted and promulgated by the Commissioner 
 of Fisheries pursuant to this act, is hereby authorized 
 and required to issue his warrant, under his hand and 
 seal, directed to any constable, peace officer, op war- 
 den, and cause such person or persons to be arrested 
 and brought before such justice, alderman, or magis- 
 trate, who shall hear and determine the guilt or inno- 
 cence of the person or persons so charged : and if con- 
 victed upon such charge, shall be sentenced by 
 said justice, alderman, or magistrate to pay the 
 fine or fines, penalty or penalties, provided in this 
 act for such violations, together with the cost of suit. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 187 
 
 Fine paid to 
 Commissioner 
 of Fisheries. 
 
 Proviso. 
 
 The whole of said fine shall be paid over forthwith 
 to the Commissioner of Fisheries, who shall deposit 
 the same into the State Treasury, where it shall be 
 kept as part of a fund separate and apart, to be used 
 solely under the direction of the Department of Fish- 
 eries for the purpose of defraying any of the neces- 
 sary expenses incurred in the purpose of fish propa- 
 gation and protection : Provided, That in case the 
 defendant or defendants shall neglect to pay at once 
 the fine or fines so imposed, said defendant or defend- 
 ants shall forthwith be sentenced to undergo imprison- 
 ment, in the county jail of the county where such 
 conviction takes place, for a period of one day for 
 each dollar of fine so imposed and unpaid, unless the 
 defendant or defendants, upon conviction, shall give 
 notice of intention to appeal, when such defendant 
 or defendants shall be permitted to enter into good 
 and sufficient recognizance to appear before such jus- 
 tice, alderman, or magistrate on or before the expira- 
 tion of five days if such appeal is not taken by them, 
 or on the final determination of such appeal if it 
 be not sustained for execution of sentence : Provided Proviso 
 also. That all actions for any violation of any of the 
 provisions of this act must be taken within one year 
 from the time the offense was committed ; and, when 
 necessary to properly conduct any case before any 
 alderman, justice of the peace, magistrate, or any 
 court, the Commissioner of Fisheries is authorized to 
 omploy legal counsel. 
 
 Approved— The 29th day of May, A. D. 1917. 
 
 MARTIN G. BRUMTJAnOH. 
 
188 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Act of July 
 28th, 1917, \ 
 L. 1215. 
 
 Fish Law oi 
 1917. 
 
 "Person" de- 
 fined. 
 
 "Game fi.sh" 
 defined. 
 
 "Bait fish" 
 defined. 
 
 "Food fish" 
 defined. 
 
 AN ACT 
 
 To revise, amond, and consolidate the law relating 
 to fish, and providing penalties. 
 
 Section 1. Be it enacted, etc., That : — 
 
 ARTICLE I. 
 
 Short Title and Definitions. 
 
 Section 2. This act shall be known and may be 
 cited as The Fish Law of one thousand nine hundred 
 and seventeen. 
 
 Section 3. The term '"person," except where the 
 context otlierwise indicates, means a person, firm, as- 
 sociation, or corporation. Singular number includes 
 the plural. Masculine gender includes the feminine. 
 
 Section 4. The term '"game-fish," as used in this 
 act, means the following fish : Charr, commonly called 
 brook trout ; all species of trout and of the salmon 
 family ; blue pike ; pike-perch, otherwise known as 
 Susquehanna salmon, or wall-eyed pike ; pickerel : 
 western pike ; muscallonge ; fall fish, small mouth 
 bass, otherwise called black bass ; large mouth bass, 
 otherwise called Oswego, green, or yellow bass ; crap- 
 pie, grass, strawberry, or calico bass, white bass ; 
 rock-bass, otherwise known as red-eye. or goggle-eye : 
 and all other species or varieties of fresh-water fish, 
 called or commonly known as bass, except striped 
 bass, or rock-fish. 
 
 Section 5. The term '"bait-fish." as used in this 
 act, means tlie following fish : All forms of minnows. 
 all forms of killifishes, and stone catfish. 
 
 Section 6, The term "food-fish." as used in this 
 .act, means all species or varieties of fish what.soever, 
 in the waters within this Commonwealth, not "game- 
 fish" or "bait-fish." 
 
 Sunday fish- 
 ing iliejral. 
 
 Penalty. 
 
 ARTICLE II. 
 
 Sunday Fishing Prohibited. 
 
 Section 10. It is unlawful to fish for any species 
 of fish, or with any device, on the first day of the 
 week, commonly called Sunday. Any person violating 
 any of the provisions of this section shall, on convic- 
 tion, as provided in Arti(»le thirteen of this act, be 
 subject to a penalty of twenty-five dollars. 
 
GAME, FISH, AND FORESTRY LAWS. 189 
 
 ARTICLE III. 
 Closed Season. 
 Section 15, as amended by the act of .July 9tli, 1910, 
 P. L. 799. 
 
 * Section 15. The following closed seasons are hereby ( -,os-.a sea- 
 established : for — sous. 
 
 (a) Charr. commonly called brook trout, or any ^^^^,^ ^^. 
 species of trout except lake or salmon trout, from the ^j-out' 
 first day of August to the fourteenth day of April next 
 following, bota dates inclusive : 
 
 (b) Lake trout or salmon trout, from the thirtieth j^^j,^ ^^.^^^ 
 day of September to the thirtieth day of June next 
 following, both dates inclusive ; 
 
 (e) Small and large mouth bass, rock-bass, white Bass, 
 bass, crappie. strawberry, or calico bass, from the 
 thirty-first day of December to the thirtieth day of 
 June next following, both dates inclusive : 
 
 (d) Pike-perch, otherwise called wall-eyed pike or Pike-peroh, 
 Susquehanna salmon, from the thirty-first day of De- or Susqne- 
 cember to the thirtieth day of June next following, ^^^^^ ^'''- 
 both dates inclusive ; _ , 
 
 (e) Pickerel, from the thirty-first day of December pickerel, 
 to the thirtieth day of June next following, both dates 
 
 inclusive : , , . 
 
 (f) Muscalonge or western pike, from the thirty- Muscaiionge 
 first day of December to the thirtieth day of June next Jfj^g^^^**^™ 
 following, both days inclusive. 
 
 Section 16. No person shall have in his possession, 
 except as in this Article otherwise provided, any of 
 tiie fish enumerated in section fifteen of this act dur- 
 ing the closed season respectively provided for. Any 
 person violating the provisions of this section is guilty 
 of a misdemeanor, and, on conviction as provided in 
 Article thirteen of this act, shall be sentenced to pay Penalty. 
 a fine of ten dollars for each fish so taken, caught, or 
 had in possession. 
 
 Section 17. Charr, commonly called brook trout, or Legal pos- 
 anv species of trout, except lake trout, and large or sesion. 
 small mouth bass, caught during the lawful season 
 respectively provided therefor, may be kept in posses- 
 sion six days after the expiration of such season. 
 
 Section 18. The provisions of section sixteen of this Return of 
 act do not apply to a person who, having caught any ^l^t^^'J^^J^j^" 
 fish during the closed season respectively provided ^^^^en caxight 
 therefor, immediately returns such fish, m the con- contrarj' to 
 dition in which it was captured, to the water from law. 
 which it was taken. 
 
190 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 Fish artifi- 
 cially pro- 
 pagated. 
 
 Size of 
 fish. 
 
 White bass, 
 rock bass, 
 rrappie, etc., 
 
 Pike-perch, 
 or Susque- 
 hanna sal- 
 mon. 
 Pickerel. 
 Muscallonge. 
 
 Violation. 
 
 Penalty. 
 
 Return of 
 fish to 
 water unin- 
 jured. 
 
 Fish arti- 
 ficially pro- 
 pagated. 
 
 Number of 
 flsh that 
 may be 
 taken. 
 
 Section 19. The provisions of this article do not 
 apply to fish artificially propagated under the author- 
 ity of Article eight of this act. 
 
 ARTICLE IV. 
 
 Size of Fish That May Be Caught. 
 
 Section 25, as amended by the act of July 9th, 1919, 
 P. L. 799. 
 
 Section 25. No person shall have in possession, ex- 
 cept as in this article otherwise provided, any 
 
 (a) White bass, rock bass, crappie, strawberry, or 
 calico bass, less than six inches in length ; 
 
 (b) Black bass, or small mouth bass ; large mouth 
 bass, otherwise called Oswago, green or yellow bass, 
 less than nine inclies in length ; 
 
 (c) Pike-perch, otherwise called wall-eyed pike or 
 Susquehanna salmon, less than twelve inclies in 
 length ; 
 
 (d) Pickerel, less than twelve inches in length ; 
 
 (e) Muscallonge or western pike, less than twenty- 
 four inches in length. 
 
 Section 26. Any person violating the provisions of 
 section twenty-five of this act is guilty of a misde- 
 meanor, and, on conviction as provided in Article 
 thirteen of this act, shall be sentenced to pay a fine 
 of ten dollars for each fish so taken or had in pos- 
 session. 
 
 Section 27. The provisions of sections twenty-five 
 and twenty-six of this act do not apply to a person 
 who, having caught any fish less than the size re- 
 spectively permitted, returns such fish in the condi- 
 tion in which it was caught to the water from, whidi 
 it was taken. 
 
 Section 28. The provisions of this Article do not 
 apply to fish artificially propagated under the authority 
 of Article eight of this act. 
 
 ARTICLE V. 
 
 Number of Fish Which May Be Caught. 
 
 Section 35. No person, except as in this Article 
 otherwise provided, shall, in any one day, catch, kill, 
 or have in possession more than the number of fish 
 hereby designated for the respective species; that is 
 to say, — 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 191 
 
 (a) Charr, or trout, of the combined species, twenty- 
 five ; 
 
 (b) White bass, rock bass, crappie, strawberry, or 
 calico bass, twenty-five ; 
 
 (c) Small or large mouth bass, twelve; 
 
 (d) Pike-perch, otherwise called wall-eyed pike, or 
 Susquehanna salmon, twenty-five ; 
 
 (e) Pickerel, twenty-five; 
 
 (f) Muscallonge or western pike, four; 
 
 (g) Yellow perch, fifty; 
 (h) Suufish, fifty. 
 
 Section 36. Any person violating the provisions of 
 section thirty-five of this act shall, on conviction as 
 provided in Article thirteen of this act, be sentenced 
 to pay a fine of ton dollars for each fish taken, caught, 
 or had in possession, over the number respectively al- 
 lowed by this act. 
 
 Section 37. In computing the number of fish taken, 
 caught, or had in possession, the number of fish re- 
 turned, in the condition in which they were caught, 
 to the waters from which they were taken, shall be 
 omitted. 
 
 Section 38. Tlie provisions of this Article do not 
 apply to fish artificially propagated under the author- 
 ity of Article eight of this act. 
 
 ARTICLE VI. 
 Fishing Devices. 
 
 As amended by act of July 9th, 1919, P. L. 799. 
 
 Section 45. No person shall use any device, means, 
 or meth-od whatsoever, except as in this article other- 
 wise provided, for taking fish from the water within 
 this Commonwealth, except the following; that is to 
 say, for — 
 
 (a) Game-fish, two rods and two lines, and one hand 
 line with not more than three hooks attached ; 
 
 (b) Food-fish, rods and lines, or one hnnd line with 
 no more than three hooks attached. The rods and 
 lines and the hand line must be under the immediate 
 control of the person using the same; 
 
 (c) Bait-fish, rods, hooks and lines, with not more 
 than three hooks attached to each line ; a dip net, or 
 minnow seine not over four feet in diameter ; a min- 
 now trap, with not more than one opening, which 
 shall not exceed one inch in diameter. The rods, 
 hooks, and lines must be under the immediate control 
 of the person using the same. 
 
 ChaiT or 
 trout. 
 
 White bass, 
 rock bass, 
 etc. 
 
 Black bass. 
 Pike perch 
 or Susqrip- 
 Iianna sal- 
 mon. 
 Pickerel. 
 Muscallonge. 
 Yellow 
 perch. 
 Sun fish. 
 
 Violation. 
 
 Penalty. 
 
 Computation, 
 of number. 
 
 Fish artifi- 
 cially propa- 
 gated. 
 
 Fishing de- 
 vices. 
 
 Game fish. 
 Food fish. 
 
 Bait fish. 
 
192 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Violation. 
 
 Penalty. 
 
 Legal use of 
 gaff or land- 
 ing not. 
 
 Fish artifi- 
 oially propa- 
 gated. 
 
 Fish taken 
 by seine. 
 
 Fisli 
 taken by 
 permit. 
 
 Seine lirense. 
 
 Fee. 
 
 Seine, dip- 
 net, hold-in 
 net, etc. 
 
 Size of 
 mesh. 
 
 Fonn and 
 eontents of 
 license. 
 
 Expiration 
 license. 
 
 01 
 
 Section 46. Any person violating the provisions of 
 section forty-five of this act is guilty of a misdo- 
 mejinor, and, on conviction as provided in article 
 tliirteen, shall be sentenced to pay a line of twenty 
 dollars, and shall forfeit to the Department of Fish- 
 cries all devices unlawfully used. 
 
 Section 47. The provisions of this article do not 
 l)i-ohibit the use of a gaft" or landing net, to assist in 
 landing fish already caught by a lawful devace. 
 
 Section 48. The provisions of this article do not 
 ajiply to fish artificially propagat(Ml under the au-thor- 
 ity of article eight of this act. 
 
 Section 49. The provisions of this article do not 
 
 apply to fisli caught by a seine or net for which a 
 license is obtained under the provisions of article seven 
 of this act. 
 
 Section 50. The pro\isions of this article do not 
 apply to fish caught by a device for which a permit 
 is obtained under the provisions of article twelve, sec- 
 tion one hundred and twenty of tliis aor. 
 
 ARTICLE VII. 
 
 Seine Licenses, 
 
 Section 55. The Department of Fislieries is author- 
 ized to issue a "Seine License," upon a written ap- 
 l)lication therefor signed by the applicant, and upon 
 the payment to said Department of the sum of two 
 dollars. 
 
 Sc^ction 56, 
 P. L. 799. 
 
 Section 56. No seine or net shall be licensed for 
 use except a liaul seine, sometimes called a shore 
 seine : a dip-net, or a hold-in net, sometimes called a 
 moon rake. The meslies of any of the above-enum- 
 erated seines or nets shall be not less than two and 
 one-half inches, stretched fishing measure, or one and 
 one-qnnrter inclies from knot to knot, while being 
 fisli ed. 
 
 Seetion 57. The license certificate shall be pre- 
 pared by the Department of Fisheries, and shall show 
 the date of issue, the name and place of residence of 
 the licensee, and the name and number of the seine 
 or net licensed. The certificate may contain such 
 other matters as the Department of Fisheries may de- 
 termine. All seince licenses shall expire on the 
 twenty-first day of June next following the date of 
 issue. Such certificate shall be shown bv the licensee 
 
 to said Department of the 
 as amended by act of July 9th, 1919, 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 193 
 
 to any fieh-warden, constable, or other person author- 
 ized to make arrests for violation of any provisions of 
 the laws of this Commonwealth relating to fish. 
 
 Section 58. A "Seine License" issued under this 
 article authorizes the license to fish, w^ith the licensed 
 seince or net, for shad, herring, or alewife, catfislu 
 suckers, eels, and carp, from the first day of March to 
 the twentieth day of June of the same year, in the 
 waters of the Susquehanna River, from McCall's Ferry 
 dam to the Maryland State line, or within the limits 
 of the tide-water of any tidal waters of this Common- 
 wealth, and in no other waters of this Commonwealth 
 whatsoever. 
 
 Section 59. No person shall fish with a seine or net 
 in any waters of this Commonwealth, except the Sus- 
 quehanna River from McCall's Ferry dam to the 
 waters of a tidal stream. No person shall fish with 
 a seine or net in the Susquehanna River from Mc- 
 Call's Ferry dam to the Maryland State line, or 
 within the limits of the tidal waters of a tidal stream 
 of this Commonwealth, except from the first day of 
 March to the twentieth day of June. No person shall, 
 from the first day of March to the twentieth day of 
 June, fish with a seine or net in the waters of the Sus- 
 quehanna River from McCall's Ferry dam to the Mary- 
 land State line, or within the limits of the tidal waters 
 of any tidal stream of this Commonwealth, for any 
 fish other than shad, herring, or alewife, catfish, suck- 
 ers, eels, and carp. A person who catches in a licensed 
 seine, during the license period, fish other than those 
 enumerated in the preceding paragraph, shall not be 
 guilty of violating the provisions of said paragraph if 
 he immediately returns such fish, so taken, to the 
 waters from which taken and in the condition in which 
 captured. No person shall, from the first day of 
 March to the twentieth day of June, fish in the waters 
 of the Susquehanna River from McCall's Ferry dam 
 to the Maryland State line, or within the limits of 
 the tidal waters of any tidal stream of this Common- 
 wealth, with a seine or net other than a licensed net 
 or seine. 
 
 Section 60. No person shall remove fish from any 
 licensed seine or net without the consent of the owner 
 thereof, except that any person may return to the 
 water any fish not authorized to be taken by such 
 device. 
 
 Display 
 license. 
 
 of 
 
 Kiudsi of fish 
 111 at may be 
 taiveii iiiider 
 licciisf!. 
 
 I'fiiotl when 
 use of li- 
 <"en'<e is per- 
 iiiitted. 
 
 Wilt.' IS 
 wherein li- 
 censed seine 
 or net may 
 be nse<l. 
 
 Illegal use 
 of seine or 
 net. 
 
 Taking of 
 flsh other 
 than those 
 permitted, 
 illegal. 
 
 No Tiolation 
 when fish ar* 
 immediately 
 returned un- 
 injured. 
 
 Use of un- 
 licensed seine 
 or net un- 
 lawful. 
 
 Unlawful re- 
 moval of fish 
 from licensed 
 seine or net. 
 
 13 
 
194 GAME, FISH, AND FORESTRY LAWS. 
 
 Violations. Section 61, Any person violating any provisions of 
 
 this article except, as herein otherwise provided, is 
 
 roimity. guilty of a misdemeanor, and. on conviction in the 
 
 manner provided in Article XIII of this act, shall 
 be sentenced to pay a fine of one hundred dollars, and 
 
 Fovtvitiiro of shall forfeit to the Department of Fisheries all nets, 
 
 appliances. seines, boats, or appliances unlawfully used. 
 
 Kish artifi- Section 62. The provisions of this article do not 
 
 ( iiiiiy pinpa- apply to fish artificially propagated under the author- 
 
 i-aic^i. ity of Article VIII of this act. 
 
 ARTICLE VIII. 
 
 Artificial Propagation Licenses. 
 
 Artificial Section 70. The Department of Fisheries is author- 
 
 iHopagatioii ized to issue an "Artificial Propagation License," upon 
 license. ^ written application therefor, signed by the applicant, 
 
 pyp. -and upon the payment to such Department of the sum 
 
 of ten dollars. 
 Application. Section 71. Applications shall bo made on blanks 
 
 prepared by the Department of Fisheries, and shall 
 show the size, character, and purpose of the propaga- 
 tion plant, and such other matters as the Department 
 lOxpiration '^^^ require. All licenses issued under this article 
 of license. shall expire on the first day of January next following 
 
 the date of issue. 
 Jjif'*^;''. ^'^^]- Section 72. No dams, ponds, or other devices which 
 
 si ructions. .^^,jj| prevent the free migration of fish shall be erected 
 or placed by a person licensed under this article, in 
 any stream flowing over his property. No person shall 
 use the ponds so licensed for any purpose than for 
 commercial fish purposes, 
 i.ic'iisee's Section 73. The license issued by this article author- 
 
 authority, izes the licensee to carry on the business of propaga- 
 
 tion and sale of all species of game, food, and bait 
 fish, or the eggs thereof, during the year, for which 
 the license is issued. The license authorizes tlie 
 licensee to catch and kill game, food, or bait fish 
 ,p from the licensed ponds, in any manner whatsoever, 
 
 ^iranspoiTii- except with explosives or poisonous substances. The 
 license further authorizes the licensee to sell or dis- 
 pose of in any manner whatsoever, game, food, or 
 bait fish, or the eggs thereof, at any time of the 
 year; and it authorizes express and railroad companies 
 to receive and transport the same. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 195 
 
 Section 74. The license issued under this Article 
 does not authorize the catching of fish out of any 
 stream flowing over the property of the licensee, ex- 
 cept the Susquehanna River from McCall's Ferry dam 
 to the Maryland State line, and the tidal waters of 
 any tidal stream in this Commonwealth. 
 
 vSection 75. A person selling fish under the license 
 provided by this Article shall fupiish the purchaser 
 with a certificate or invoice of tfle sale, bearing the 
 date of sale, the number of the license under which 
 sold, tlie number of fish and number of pounds sold. 
 The ceitificate or invoice must be shown by the holder, 
 (»n demand of any fish-warden, clerk of the market, 
 constr.ble, or any person authorized to make arrests 
 for violation of the laws of this Commonwealth relat- 
 ing to fish. The certificate or invoice shall authorize 
 the sale of the fish so purchased for a period of six 
 days after its date of issue. 
 
 Section 7(5. A person holding an artificial propaga- 
 tion license under this article shall annually, on the 
 first day of December, file with the Department of 
 Fisheries a written statement, duly sworn to, show- 
 ing the number, value, and number of pounds of game, 
 food, f>r bait fish, or the eggs thereof, sold or disposed 
 of during the year. The books and property of the 
 persons licensed under this Article shall be open to 
 the Department of Fisheries or its agents for inspec- 
 tion at all reasonable times. 
 
 Section 77. No person licensed under 
 shall in any manner stock or maintain 
 lishments with any species of game-fish, 
 bait-fish, or eggs therof, taken from 
 witliin this Commonwealth not owned, 
 controlled by them. This section does 
 the excliange of fish eggs or the fry of 
 
 Illegal tak- 
 ing of fish. 
 
 this Article 
 their estab- 
 food-fisli, or 
 any waters 
 occupied, or 
 not prohibit 
 any species 
 
 of game, food, or bait fish, with the Department of 
 Fisheries. 
 
 Section 78. A license issued under this Article 
 authorizes the licensee or his agent to kill, after five 
 days' notice to their owner, if known, any domestic 
 bird or fowl trespassing on the w^aters or lands con- 
 trolled, used, or occupied entirely for the artificial 
 propagation of fish. Such license also authorizes the 
 licensee or his agent to kill any wild birds or wild 
 animals destructive to fish life whenever found on 
 such waters or lands. 
 
 Invoice 
 sale. 
 
 of 
 
 Display of 
 invoice. 
 
 Sale per- 
 mitted for 
 six day.s 
 after date of 
 invoice. 
 
 Report of 
 licensee. 
 
 Contents. 
 
 Inspection 
 of property 
 ;in(l records. 
 
 Illegal use 
 of fish for 
 stocking. 
 
 Lawful ex- 
 change of 
 
 fish. 
 
 Lawful kill- 
 ing of do- 
 mestic fOAVls. 
 
 Lawful kill- 
 ing of wild 
 birds and 
 aninals. 
 
106 GAME, FISH, AND FORESTRY LAWS. 
 
 iiit'sai pio- Section 79. No person shall artificially propagate 
 
 I'HiiHtion of game, food, or bait fish, without first procuring the 
 
 'i-^'' license provided by this Article. No person receiving 
 
 a license as provided by this Article shall operate a 
 
 propagating plant different from that designated in the 
 
 license. No person operating a propagating plant, for 
 
 which a license has been issued for the operation of 
 
 such plant, shall catch fish out of any stream flowing 
 
 over the property of the licensee. 
 
 Uiiiawtu) Section 80. No person shall fish, ny trespass witli 
 
 trespass. intent to fish, in or upon any waters, or bed or banks 
 
 of any waters, or any banks, owned, controlled, or 
 
 Unhnvfiii de- occupied by persons licensed by this articlo. No pei-- 
 
 striictioii ut son shall wilfully or maliciously destroy, or damage. 
 
 propagating^- ^^^^y ^onds^ property or appliances whatever of a 
 
 ^' ^" ■ , propagating plant licensed under this Article. No 
 
 intcrfprtnce person shall interfere, or obstruct, pollute, or diminish, 
 
 with flov' of the natural floM^ of water into or through, a propagat- 
 
 ^^'''*^'^'' ing plant licensed under this Article. 
 
 Violation Section 81. Any person violating any provision of 
 
 this Article is guilty of a misdemeanor, and shall, on 
 
 conviction, in the manner provided by Article thirteen 
 
 Pf'iiait.v .■ of this act, be sentenced to pay a fine of one hundred 
 
 dollars. 
 
 ARTICLE IX. 
 
 Dams, Fishways, Bar-racks, Obstructions. Etc. 
 
 Dams, fish- Scctiou 85. Any person now or hereafter erecting 
 
 \vays, bar- ^j. maintaining a dam in the waters of this Common- 
 struotions wealth shall immediately, on a written order from tin* 
 
 etc. Commissioner of Fisheries, erect therein such chutes, 
 
 Erection of slopes, fishways, gates or other devices, as the Board 
 fishways, ^^f Fishery Commissioners may deem necessary to cn- 
 
 orfier"o^'" '^^^^ ^^^^ ^^^ ^^ ascend and descend the waters at all 
 Coininis- seasons of the year. 
 
 sioiipr of Section 86. Every such chute, slope, fishway, gate, 
 
 Fisheries. qj. other device, shall be maintained, open and in 
 
 :>raintenanre good order and repair, by the person owning or main- 
 |!tr '^^'*^^^'^^' taining such dam, until such dam is removed, raised, 
 
 or rebuilt. 
 ciosiiifr for Section 87. Any chute, fishway, or other device 
 
 '■•P'l'rs. aforesaid, may be closed for repairs at the time of 
 
 low water, but siich closing shall only be for a period 
 
 of thirty days at any one time. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 1!)7 
 
 Section 88. Any person neglecting or refusing to 
 comply with sections eighty-five and eighty-six of this 
 Article, within three months from the date of notice 
 piovided in section eiglity-five of this act, shall forfeit 
 and pay the sum of one hundred dollars for every 
 month such person so refuses or neglects. Such sum 
 shall be recovered by civil suit or process in the name 
 of the Commonwealth. 
 
 Section 89. If, after the lapse of three calendar 
 months from the date of notice provided by section 
 eighty-five of this act, the person owning or maintain- 
 ing such dam neglects or refuses to erect or place or 
 maintain, unchanged, open, and in good order and 
 repair, the appliance as directed by the Commissioner 
 of Fisheries, said Commissioner is authorized to enter 
 upon such dam and erect such slope, chute, fishway, 
 or gate, or make such repairs, as : may have been 
 directed as aforesaid. The cost thereof shall be 
 charged against the person owning or maintaining 
 such dam, by the Commissioner of Fisheries, and may 
 be recovered by civil suit and process in the name of 
 the Commonwealth. 
 
 by reason of any dam having 
 to any requirements by law of 
 slopes, or fishways therein, or 
 the owner or person maintain- 
 to pay the 
 slope, or fishway. as 
 by the "Commissioner of Fisheries, such cost 
 
 Section 90. Where, 
 been constructed prior 
 the placing of chutes, 
 
 for any otlur reasons, .-- , - , 
 
 ing such dam cannot be compelled by laAv 
 
 cost of erecting such chute, 
 
 ♦directed 
 
 shall be paid bv the Commonwealth of Pennsylvania 
 out of such funds as may be appropriated therefor. 
 Section 91. No person owTiinr, leas -g:. or main- 
 
 taining >! <: 
 
 .-ii". holding back waters 'nhabited by fish, 
 shall draw off such waters without first applying for 
 written permission from the Department '>f Fisheries; 
 nor shall nnv such person obstruct the How of water 
 throng]) anv such dam, without allowing sufficient 
 wat^-. at all times, to flow in the natural streain on 
 Avliirh such dam is located, to enable the fish to live. 
 Anv person violating the provisions of this section is 
 guiitv of a misdemeanor, and, on conviction as pro- 
 vided in Article thirteen of this act, shall be sentenced 
 to pav a fine of one hundred dollars for each offense. 
 Section 92. No person shall fish, except with a 
 rod, hook, and line, within one hundred feet of the 
 lower end of anv fishway or dam, or within such other 
 distance as the Commissioner of Fisheries may de- 
 termine. Such distance shall be plainly posted on the 
 
 I'ciialtv. 
 
 Failure to ■ 
 comply «i1h 
 orcitT of 
 Commissioner 
 of Fisheries. 
 
 When fish- 
 ways, et<'., 
 may be con- 
 st nietert liy 
 Con'missioncr 
 of Fisheries. 
 
 Unlawful 
 draAvtng off 
 of Avater. 
 
 Obstruction 
 of flow of 
 water. 
 
 Penalty. 
 
 Illegal fish- 
 ing at fish- 
 waj's anrl 
 dams. 
 
198 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 I'enaltj'. 
 
 Sfieeuing 
 raceways, 
 rtnnips, etc. 
 
 Penalty. 
 
 Aftiou upon 
 failure of 
 owner to 
 place screen. 
 
 Owner to 
 l)ay cost of. 
 
 T'nlawful ob- 
 struction of 
 niisration of 
 tisli. 
 
 Penalty. 
 
 Ittinoval of 
 "ilt.struction.s. 
 
 fishway or adjacent shore. Any person violating tlie 
 provisions of this section is guilty of a misdemeanor, 
 and, on conviction as provided in Article thiiteen of 
 this act, shall be sentenced to pay a fine of one hun- 
 dred dollars. 
 
 Section 93. Any person owning or maintaining a 
 race-way, flume, or inlet-pipe, leading to a water- 
 wheel, turbine, pump, or canal, shall immediately, 
 upon receipt of a written order from the Commis- 
 sioner of Fisheries, placir'and maintain a bar-rack, of 
 not less than one-half inch, nor more than an inch and 
 a-half space between the bars, in or near such race- 
 way, flume, or inlet-pipe, sufiicient to prevent fish from 
 entering therein. Any person refusing or neglecting 
 to comply with such order for a period of one month 
 shall forfeit and pay the sum of one hundred dollars, 
 which shall be itcovered by civil suit and process in 
 .the name of the Commonwealth. 
 
 Section 94. If, one month aftor the notice provided 
 in section ninety-two of this act, the person owning 
 or operating such raceway, flume, or inlet-pipe has not 
 placed such bar-rack as may have been directed. th<' 
 Commissioner of Fisheries is authorized to enter upon 
 such raceway, flume, or inlet-pipe, and place a bar- 
 rack, of not less than one-half inch nor more t^ian 
 an inch and a half space between the bars. The cost 
 thereof shall be charged against such owner or opera- 
 tor, and if not promply paid may be recovered by ci^■il 
 suit and process in the name of the Commonwealth. •• 
 
 Section 9.5. No person shall place any device or 
 object in the waters within this Commonwealth in 
 such a manner as to obstruct the migration or passage 
 of fish therein, or to obstruct any fishway. Any i)er- 
 son violating the provisions of this section is guilty 
 of a misdemoanor, and. on conviction as provided in 
 Article tliirteon. shall be sentenced to pay a fine of 
 one hundrod dollars. 
 
 Section 96. Any obstruction in the streams of this 
 Commonwealtli, not permitted by law, shall, when 
 found, be immediately removed by any Fish Commis- 
 sioner, fish-warden, sheriff, or other peace officer. 
 
 I'ollution and 
 trespass on 
 State Hatcli- 
 eries. 
 
 ARTICLE X. 
 
 Pollution, Trespass on State Hatcheries. 
 
 Section 100. No person shall put or place in any 
 w;aters of this Commonwealth any electricity, explo- 
 sives, or any poisonous substances whatsoever, for 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 199 
 
 the purpose of catching, injuring, or killing fish. No 
 person shall allow any substance of any kind or char- 
 acter, deleterious, destructive, or poisonous to fish, 
 to be turned into, or allowed to run, flow, wash, or 
 be emptied into, any waters within this Common- 
 wealth, unless it be shown to the satisfaction of the 
 Commissioner of Fisheries or to the proper court that 
 every reasonable and practicable means has been used 
 to abate and prevent the pollution of waters in ques- 
 tion by the escape of deleterious substances. 
 
 Section 101. The preceding section of this article 
 does not prohibit the use of explosives for engineer- 
 ing purposes, when a written permit has been given 
 therefor by the proper National, State of municipal 
 government authorities. 
 
 Section 102. Any person violating the provisions 
 of this Article shall, on conviction as provided in 
 Article thirteen of this act, be sentenced to pay a 
 fine of one hundred dollars. 
 
 Section 103. In prosecutions under this Article, for 
 the pollution of waters by substances known to be 
 injurious to fish or to fish food, it shall not be neces- 
 sary to prove that such siibstances have actually 
 caused the death of any particular fish. 
 
 Section 104. No person shall fish, or trespass with 
 intent to fish, either upon any waters, or bed or banks 
 of any water, or any lands controlled or owned or 
 occupied by the Department of Fisheries. No person 
 shall wilfully or maliciously destroy or damage any 
 ponds, property, or appliances, whatsoever, of the De- 
 partment of Fisheries ; nor interfere, obstruct, pollute, 
 or diminish the natural flow of water into or through 
 any State hatchery. Any person violating the pro- 
 visions of this section shall, on conviction as provided 
 in Article thirteen of this act, be sentenced to pay a 
 fine of one hundred dollars. 
 
 Unhnvful 
 placing of 
 fcxplosivos, 
 eU'., and 
 pollntiwu. 
 
 Explosivos 
 for ensinoer- 
 ing purposes. 
 
 Viola tiun. 
 
 Penalty. 
 
 Unneeossa ry 
 to prove kill 
 ins; of fish. 
 
 Unlawful 
 trespass on 
 State Hatch- 
 ery. 
 
 UnljAvful de- 
 struction or 
 pollution 
 
 Penalty. 
 
 ARTICLE XL 
 
 Sale of Fish Markets, Hotels, Etc. : Reports. 
 
 Section 110. No person, and no proprietor, mana- Sale of fish. 
 ger, clerk, or agent of any market, hotel, boarding- 
 house, eating-house, restaurant, or saloon, shall pur- 
 chase, sell, or expose for sale, whether caught within 
 or without this Commonwealth, any brook trout, or 
 any species of trout, except lake trout, any small 
 mouth bass or large mouth bass. No person, and no 
 
 Unlawfiil 
 sale. 
 
 UnlaA\fu] 
 purchase 
 hire. 
 
 or 
 
200 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Report of 
 sale of lish. 
 
 Penalty. 
 
 Employment 
 of guides. 
 
 Fish artifi- 
 cially propa- 
 gated. 
 
 proprietor, manager, clerk or agent of any market, 
 hotel, boarding-house, eating-house, restaurant, or 
 saloon, shall contract with or employ any person to 
 catch and keep such fish for him. by the day or other- 
 wise. 
 
 Section 111. A person engaged in catching fish for 
 market, or who may be engaged in the sale of fish, 
 shall, on demand of the Commissioner of Fisheries, 
 furnish at the close of each calendar year a duplicate 
 statement of their sales of fish and the gross amount 
 of money realized. The contents of such reports shall 
 be used by the Department of Fisheries entirely for 
 statistical purposes. The contents of such renorts. «o 
 received by the Department of Fisheries, shall not be 
 made public without the written consent of the owner. 
 
 Section 112. Any person violating the i)rovisions of 
 this Article is guilty of a misdemeanor, and, on con- 
 viction as provided in Article thirteen of this act, 
 shall be sentenced to pay a fine of twenty-five dollars. 
 
 Section 113. This Article does not prohibit any per- 
 son from employing a guide to accompany him when 
 fishing. 
 
 Section 114. This Article does not apply to fish 
 artificially propagated and sold under the authority 
 of Article eight. 
 
 ARTICLE XII. 
 
 Powers of 
 Coniniissiuner 
 of Fisheries, 
 etc. 
 
 Permission to 
 take ftsli 
 
 Report. 
 
 Commissioner of Fisheries : General Powers and Du- 
 ties ; Fish-Wardens ; Appointments, Powers, Compen- 
 sation. 
 
 Section 120, as amended by act of July ^h, 1919, 
 P. L. 200. 
 
 Section 120. The Commissioner of Fisheries may 
 grant permission to catch fish in any of the waters of 
 this Commonwealth, at any season of the year and 
 with any kind of nets or devices, for a period not 
 exceeding one year, to a person engaged in scientific 
 research, or for the propagation of fish and the stock- 
 ing of waters therewith. Persons permitted to fish 
 pursuant to the foregoing provision of this section 
 shall make a return, in writing, to the Commissioner 
 of Fisheries, of all fish caught by them, Und also the 
 use made by them of the fish so caught. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 201 
 
 The Commissioner of Fisheries shall issue a special 
 l)ei"mit for seines other than those otherwise provided 
 for, for o«tlines, fyke nets, dip nets, eel racks, spears, 
 bui-r hooks, and loops or snares, for purposes other 
 than artificial propagation, upon written application 
 ^therefor and signed by the applicant. Such permit 
 *shall be known as a ''special device permit," and shall 
 authorize the person to whom issued to ca1«'h food fisli 
 for such a pci-iod and undiM- sucli conditions and re- 
 stricti'ins as tl"> Commissioner of Fisheries may pr*'- 
 scr.']^ . S]>eoi:il (l(>\ice permits shall be iss--vd for the 
 use of eel r.-'^cks for neriod^ • "t'^nding ^^■' h)i),a"er than 
 from th*^' fift''>iitli day of August until the fifteenth 
 day of X o'.finbcr. of each year (both days inclusive). 
 Such permits shall be issued for the u-e of outli^tps. 
 fyke nets, dip nets, and spears, for periods extending 
 no longer than from the fifteenth day of Anril until 
 the fifteenth day of November of each year (both days 
 inclusive) ; and for the use of burr hooks, and loops, 
 or snares for periods extending no lo^ "er than from 
 the fiftcnth day of April of each yeai- v'V the fifteenth 
 day of January of the following year 'b-)th days in- 
 clusive). The permit shall be revok'd by the Com- 
 missioner of Fisheries upon violation of anv condit'on 
 or restriction upon which it is issued or of any pro- 
 vis'on of this act. 
 
 S«>ction 121. The Commissioner of Fisheries may 
 catch fish in any of the waters of this Commonwealth, 
 at any season of the year and with any kind of nets 
 or devices. The Commissioner of Fisheries may pro- 
 mulgate such rules and regulations for the angling, 
 catching, or removal of fish in or from any waters, 
 artificial or otherwise, wholly within this Common- 
 wealth, as are not inconsistent with any provisions 
 of this act or other constitutional or statutory pro- 
 vision. 
 
 Section 1*22, The Commissioner of Fisheries shall 
 make free distribution or planting of the fish produced 
 at the State fish hatcheries, or otherwise acquired, in 
 the following order or preference : First. To the pub- 
 lic waters of the Commonwealth within the State 
 forestry reserves. Second, To the public school au- 
 thorities and to persons connected with institutions 
 of learning, w^ho may apply for the same for educa- 
 tional purposes, or for scientific research, and to per- 
 sons applying for fishing culture for aquariiim pur- 
 poses and show ponds. Third, To the waters within 
 this Commonwealth, the bed and banks of which are 
 
 Spocia! ilovip 
 
 :uits. 
 
 Taking fish 
 by Commis- 
 sioner of 
 Fisheries. 
 
 Promulgation 
 of rules anfi 
 reaiilations. 
 
 Distribution 
 of fish. 
 
 Public 
 waters on 
 State lands. 
 
 Educational 
 
 purposes. 
 
202 GAME, FISH, AND FORESTRY LAWS. 
 
 Water-s flow- tli<^ subject of private ownership, upon a written appli- 
 iiig throuirii oatiou of one or more of the owners or lawful oecu- 
 private pants thereof. Fourth. To the waters within this 
 
 " ■"• Commonwealth, the bed and banks of which are the 
 
 Waters flow- subject of private ownership, but whose owners arc 
 ing thitmaii non-residents and unknown, or whose owners, by habit 
 lamis owiu'd ^m] custom, permit the public to fish therein. The* 
 lient" " '"^'^^ Commissioner of Fisheries may distribute and plant 
 
 fish without an application therefor, 
 obt- inri" Section 123. Any person who shall, by false rep- 
 
 tish 'bv taise rcsentation. receive fish from th(^ Department of Fish- 
 repre/enta- eries, and plant the same in waters where the public 
 tion. are not allowed to fish, shall, on conviction in the 
 
 manner provided by Article thirteen of this act, be 
 Penalty. sentenced to pay a fine of twenty-fi\e dollars for each 
 
 offense. 
 Watf>>i open ^^^^' ^^^^^^^"'^^ stream or lake in this Commonwealth, 
 
 to' pubiiv . which has been or may be stocked with fish furnislied 
 by the Commonwealth or the Department of Fisheries, 
 shall be open to the public for the purpose of lawful 
 d ni'i-i"v"^ ^^^ fishing- ; but nothing in this section shall be so con- 
 strued as to free any person trespassing on the lands 
 of any person in this Commonwealth, from liability 
 for any damage he may do to said lands or the im- 
 provement thereon, or to any crops or livestock or 
 poultry thereon. 
 
 Section 124. The Commissioner of Fisheries is 
 
 authorized to set aside, at his discretion, such small 
 
 streams and lakes as he may judge best, as nursery 
 
 streams or lakes, in which fisliing shall be prohibited 
 
 at all times of the year. Before setting aside such 
 
 streams or lakes, the Commissioner of Fisheries shall 
 
 give public notice of closing of such streams or water. 
 
 by publishing the prohibition and the duration thereof 
 
 in two newspapers of general circulation, published in 
 
 the county or counties where such stream or water, 
 
 is located, once a week for three consecutive weeks. 
 
 Notice on Notice of such closing shall also be posted at the out- 
 
 .streanis or let of the stream or lake so closed and at intervals of 
 
 J*'^'^^- three hundred yards along the banks thereof. Any 
 
 person fishing, catching, or killing any fish, from any 
 
 stream or water so closed, shall on conviction in the 
 
 Penalty. manner provided by Article thirteen, be sentenced to 
 
 pay a fine of one hundred dollars. 
 *V^F-si""w— Section 125. The Commissioner of Fisheries, witli 
 dens '^ '^^ ^^^y advice and consent of the Board of Fishery Com- 
 mission, is authorized to appoint sixty-five competent 
 citizens of this Commonwealth as fish-wardens. The 
 
 Closinfr 
 
 of 
 
 nursery 
 
 
 streams 
 
 or 
 
 lakes. 
 
 
 Not '«^o 
 
 ill 
 
 newspa] 
 
 IK-rs 
 
GAME, FISH, AND FOIIESTRY LAWS. 
 
 203 
 
 Coinmissionor of 
 by and with the 
 
 Fisheries shall, from 
 advice and consent of 
 
 time to time, 
 the Board of 
 such wardens 
 
 Fishery Commission, designate one of 
 as chief warden, who shall rnnnin as such during the 
 l>lensure of the Commissioner of Fisheries and shall 
 perform such duties as the Commissioner of Fislieries 
 nuiy prescribe. The chief warden shall have the direc- 
 tion and control of other wardens under the direction 
 of the Commissioner of Fisheries. 
 
 Section 126. Fish-w^ardens appointed under the pre- 
 ceding section shall hold office during the pleasure of 
 the Commissioner of Fisheries. Fish-wardens shall 
 receive such compensation for their services as the 
 Commissioner of Fisheries and the Board of Fishery 
 Commission may determine, and sliall be allowed such 
 expenses as may be deemed by the Commissioner of 
 Fisheries and the Board of Fishery Commission just 
 and reasonable. 
 
 Section 127. A tish v/arden shall have power — 
 
 (a) To enforce all the laws of the CommonAvealth 
 relating to fish ; 
 
 (b) To execute all wan-ants and search-warrants for 
 the violation of the fish laws ; 
 
 (c) To serve subpoenas issued for the examination, 
 investigation, and trial of all offenses against the laws 
 relating to fish ; 
 
 (d) To carry fire-arms or other weapons in the per- 
 formance of his duties ; 
 
 (c) To search, without warrant, any boat, convey- 
 ance, vehicle, fish-box, bag, coat, basket, or other 
 receptacle for fish, when he has reason to believe that 
 any provision of any law of this Commonwealth relat- 
 ing to fisli has been violated : 
 
 (f) To seize and take possession of any and all fish 
 which may have been caught, taken, or killed at any 
 time, in any manner or for any purpose, or had in 
 possession or under control, or have been shipped or 
 about to be shipped, contrary to the laws of this Com- 
 monwealth : fish so seized shfill be disposed of in any 
 manner as the Commissioner of Fisheries may direct ; 
 
 (g) To enter upon any land or water in the per- 
 formance of his duty ; 
 
 (h) To demand and secure proper assistance in case 
 of emergency ; 
 
 (i) To purchase fisli for the purpose of securing 
 evidence. 
 
 .Chief 
 den. 
 
 War- 
 
 Tenure 
 office. 
 
 ol 
 
 Compcnsa- 
 
 tiuu. 
 
 Expcitses. 
 
 I'owers 
 Fi:^h W 
 (lens. 
 
 of 
 ;ir- 
 
L'()4 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 liL'Oorcl and 
 ifpoit of 
 wanlens. 
 
 U('pi»rt t 
 
 ("lii.'f 
 
 Wiuden. 
 
 Aiipoiiitnient 
 of Spprial 
 Fish War- 
 dens. 
 
 F:xpiration. 
 
 Powers. 
 
 Not. entitled 
 to i-emuner- 
 atioa. 
 
 Exopption. 
 
 {"ompensa- 
 tion. 
 
 Issuance •f 
 Inilletins. 
 
 Annual r^ort 
 of Commis- 
 sioner. 
 
 The 
 the 
 
 the 
 
 Section 128. Each fish warden shall koep a record 
 of his official acts, receipts, and expenditures ; and 
 shall at the close of each month make a summary of 
 such record, with such detailed information as may be 
 necessary for the information of, or be required by, 
 the Dei)artment of Fisheries. Such summary shall be 
 immediately sent to the chief warden. The chief 
 warden shall report to the Commissioner of Fisheries 
 any negligence or incompetency on the part of any of 
 fiK^ fish-wardens, with the facts relating thereto. The 
 chief warden shall report montlily, to the Commis- 
 sioner of Fisheries, his operation during the preced- 
 ing month, and shall make such other reports as may 
 be required by the Commissioner of Fisheries, 
 chief Avarden shall annually report, in writing, 
 operations of himself and subordinates during 
 year to the Board of Fishery Commissiou. 
 
 Section 129. The Commissioner of Fisheries, on 
 written application of a properly organized fish pro- 
 tective association, or on the written application of 
 any association or individual owning or leasing waters, 
 mav appoint one or more special fish-wardens for the 
 county in which the application is made. The Com- 
 missioner of Fisheries may appoint special fish-war- 
 dens to act anywhere within the Commonwealth. Al[ 
 special fish-wardens appointed under the authority of 
 this section, may exercise the pow^ers of their appoint- 
 ments until the thirty-first day of May next succeed- 
 ing the date of their appointment, and no longer. 
 Special fish-wardens shall have the same powers and 
 shall make the same reports as is conferred on and 
 required from other fish wardens. 
 
 Section 130. A special fish-warden 
 entitled to any salary, compensation, or 
 his services, from the Commonwealth, 
 special fish-warden shall be detiiiled. by 
 duty by the Commissioner of Fisheries ; in which case 
 the Commissioner of Fisheries may make a per diem 
 allowance for compensation and reasonable expenses, 
 out of any moneys available for the compensation and 
 expenses of other fish-wardens. 
 
 Section 131. The Commissioner of Fisheries, with 
 the authority of the Board of Fishery Commission, 
 may issue such bulletins relating to fish culture and 
 fish protection as he deems best for the interests of 
 the work of the Department of Fisheries. The Com- 
 missioner of Fisheries shall make a report annually 
 
 shall not be 
 expenses for 
 unless such 
 writing, for 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 205 
 
 to the Governor of the operations of the Department 
 of Fisheries. 
 
 Section 132. The several provisions of this act are 
 independent of each other, and in the event of any 
 provision being declared unconstitutional, it is hereby 
 declared as the legislative intent that such section may 
 be eliminated therefrom without affecting any other 
 provision of this act. 
 
 ARTICLE XIII. 
 
 ENFORCEMENT OF THE ACT: 
 
 Crimiiinl Procedure. 
 
 Section 140. Any Fish Commissioner, fish-warden, 
 special warden, sheriff, constable, or any special of- 
 ficer, or any peace officer in this Commonwealth, is 
 hereby authorized and required to proceed, with such 
 force of the county as may be necessary, to destroy 
 any device for catching fish used contrary to or pro- 
 hibited by law in any of the waters within this Com- 
 monwealth. Such officers are hereby required to ar- 
 rest, witli or without warrant, any person owning, 
 placing, or using such device, or violating any provi- 
 sion of this act. 
 
 Section 141. Such officers are authorized and re- 
 quired to apprf'hend and arrest, and immediately take 
 any person guilty of any violation of this act before 
 any alderman, magistrate, or justice of the peace, who 
 shall forthwith hear and determine such charge in the 
 manner herein provided. 
 
 Section 142. In case of any Fish Commissioner, 
 fish-warden, or any other officer hereinbefore named, 
 fails to prove his case, and the defendant is discharged, 
 or in case the defendant is convicted and sent to jail, 
 in lieu of the payment of fine, the county in which the 
 cas" is heard shall pay the costs. 
 
 Section 143. Such arrests may be made on Sunday, 
 or any legal holiday: in which case the person so 
 arrested shall be taken before the proper officer, and 
 proceeded against on the first lawful day following the 
 arrest. 
 
 Section 144. Any sheriff, deputy sheriff, constable, 
 special officer, or other peace officer of this Common- 
 wealth, refusing or neglecting to proceed with such 
 force of the county to forthwith remove and destroy 
 any existing device illogaly used for the catching of 
 fish within its jurisdiction, after being notified in writ- 
 
 Provisions, 
 independent 
 of enet! 
 other. 
 
 EHforeement 
 and pro- 
 cedure. 
 
 Destruction 
 of iDegal 
 devices. 
 
 Arrests. 
 
 Arrest and 
 hearinsr. 
 
 Payment of 
 costs. 
 
 Arrests mad« 
 on Sunday. 
 
 Refusal or 
 neg-lect to 
 enforce. 
 
206 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Penalty. 
 
 Interference 
 
 with 
 
 officers. 
 
 Penalty. 
 
 Prima facie 
 evidence. 
 
 Atliflavit. 
 
 Warrant. 
 
 Hearing, 
 i^ontenco. 
 
 .Appeal. 
 
 ing of the existence of such illegallj' used device ; or 
 any such officer neglecting or refusing to remove or de- 
 stroy any such illegal device for catching fish within 
 the Commonwealth, of which he shall be cognizant, 
 shall, on conviction as provided herein, be sentenced 
 to pay a fine of fifty lollars. 
 
 Section 145. Any person who shall, by threat, 
 menace, or force, or in any manner, attempt to deter 
 or prevent any fish-warden, or other person authorized 
 to make arrests for violation of the fish-laws, from 
 enforcing or carrying into effect any provision of this 
 act, or who shall resist the seizure of boats, devices, 
 or nets illegally used, shall, on conviction, thereof as 
 provided herein, be sentenced to pay a fine of one 
 hundred dollars. 
 
 Section 146. In all cases of arrest for the violation 
 of any of the provisions of this act, the possession 
 of the fishes or of the nets, or the possession of or 
 operation of any other device herein prohibited, shall 
 be prima facie evidence of the violation of this act. 
 
 Section 147. Any alderman, magistrate, or justice 
 of the peace, upon information or complaint, made 
 to him by affidavit of one or more persons, charging 
 any person with having violated any of th(^ provisions 
 of this act, or any of the rules and regulations adopted 
 and promulgated by the Commissioner of Fisheries 
 pursuant to this act, is hereby authorized and re- 
 quired to issue his warrant, under his hand and seal, 
 directed to any constable, peace officer, or warden, 
 and shall cause such person tf) be arrested and brought 
 before such alderman, magistrate, or justice of the 
 peace, who shall hear and determine the guilt or in- 
 nocence of the person or persons so charged. 
 
 Section 148. If convrcted, such person shall be sen- 
 tenced to pay tlie fine provided in this act for such 
 violation, together with the costs of suit. The person 
 so convicted shall, on failure to pay such fine, be 
 sentenced by such alderman, magistrate, or justice of 
 the peace, to undergo imprisonment in the county 
 jail of the county in which sucli conviction takes place, 
 for a period of one day for each dollar of fine so im- 
 posed, unless the person so convicted shall give notice 
 of an intention to procure a writ of certoirari, or 
 appeal ; in which case such person shall be permitted 
 to enter into good and sufficient recognizance to appear 
 before such justice, alderman, oi* magistrate, on or 
 before the expiration of five days, if such appeal or 
 
GAME, FISH, AND FORESTRY LAWS. 207 
 
 certiorari is not taken by them, or on the final deter- 
 mination of the same if it be not sustained, for execu- 
 tion of sentence. 
 
 Section 149. As amended bv the act of July 9th, 
 1919, P. L. 799. 
 
 Section 149. All fines imposed for the A'iolation of Disiuisitiun 
 any provisions of this act shall be forthwith paid by and use of 
 such alderman, magistrate, or justice of the peace, to fine;!, 
 the Department of Fisheries, at Harrisburg. All "moneys. 
 moneys received or recovered by the Department of 
 Fisheries under any provision of this act shall be 
 immediately paid into the State Treasury, where it 
 shall be kept as part of a fund, separate and apart, 
 to be used solely, under the direction of the Dc- f,^^i.'^ *^ 
 partment of Fisheries, for the purpose of the pay- 
 ment of the salaries of the Commissioner of Fisheries, 
 clerks, stenographers, fish wardens, traveling expenses, 
 counsel fees, court expenses, and contingent expenses, 
 for the propagation, protection and distribution of 
 fish, the stocking of the waters and the employment of 
 necessary labor and the purchase of material and im- 
 plements therefor, for necessary repairs and improve- 
 ments to fish hatcheries, for field work, gathering 
 spawn, transferring fish and the employment of neces- 
 sary labor and the purchase of necessary implements 
 therefor, for the purchase of necessary land and water 
 supplies to State fish hatcheries, for the purchase and 
 erection of buildings, ponds, and other extensions in- 
 cidental to State fish hatcheries, for the maintenance 
 and operation of a boat on Lake Erie and the cruiser 
 Anna at Torresdale on the Delaware river, and for 
 the dredging of channels, ponds, and the making of 
 improvements on Presque Isle Peninsula and the ap- 
 proach to the fish hatchery at Erie. 
 
 All moneys in such separate fund from time to time 
 are hereby specifically appropriated to the Department 
 of Fisheries, and may be expended for the purposes 
 hereinbefore enumerated. The Auditor General shall, 
 upon requisition from time to time of the Commis- 
 sioner of Fisheries, draw his warrant on the State 
 Treasurer for the amount specified in such requisition, 
 not exceeding however the amount in such fund at tlie 
 time of making such requisition. 
 
 Section 150. As amended by act of July 9th, 1919, 
 P. L. 799. 
 
 Section 150. All actions for violation of any pro- Actions. 
 visions of this act shall be taken within one year from 
 the time the offense is committed. 
 
208 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Disposition 
 of illegal 
 devices. 
 
 Record. 
 
 Construction 
 and repeal. 
 
 Exclusive 
 system fur 
 inland 
 waters. 
 
 Act of May 
 22, 18S9, (!'. 
 L. 261). 
 
 Act of Miiv 
 ■S, 187G. I r. 
 L. 146). 
 
 Act of April 
 2, 190S, (P. 
 L. 128). 
 
 Section 151. All boats and legal devices, used un- 
 lawfully and forfeited to the Department of Fisheries 
 under any of the provisions of this act, shall be sold 
 by the Commissioner of Fisheries, or destroyed by 
 his order. All unlawful nets or devices, not preserA<>d 
 for exhibition purpost s by the Department of Fish- 
 eries, shall be destroyed by the Commissioner of 
 Fisheries, or by his order. Records shall be made 
 <»f all such sales or destruction, an the books of the 
 D(^l)artment. 
 
 ARTICLE XIV. 
 
 Construction and Repeal. 
 
 Section 152. It is the intent of this act to prescribe 
 a complete and exclusive system for the angling, catch- 
 ing, and propagation of fish in waters wholly within 
 the limits of the Commonwealth of Pennsylvania. 
 Nothing in this act shall repeal or affect any of the 
 following statutes ; to wit, — 
 
 An act approved May twenty-second, one thousand 
 eight hundred and eighty-nine (Pamphlet Laws, two 
 hundred and sixty-one), entitled "An act for the pro- 
 tection of shad, and game-fish in the river Delaware." 
 
 An act approved May eighth, one thousand eight 
 hundred and seventy-six (Pamphh't Laws, one hun- 
 dred and forty-six), entitled "A supplement t(» an act. 
 entitled 'An act to amend and consolidate the several 
 acts relating to game and game-fish,' approved May 
 first, Anno T>omini one thou:^and eight hundred and 
 seventy-thn-c ; to require all persons engaged in any 
 of the manufacturing interest of this State, accustomed 
 to the washing of iron an dotlier ores, and of coal 
 preparatory to its use for cokeing, and engaged in 
 the business of tanning, to prepare a tank or other 
 suitable receptacle into which the sediment, culm, or 
 coal dust, the offal, refuse, and the tan bark, and 
 liquor therefrom, used in tanning, so far as is prac- 
 ticable, may be prevented from passing into or upon 
 any of the rivers, lakes, ponds, or streams of this 
 Commonwealth." 
 
 An act approved April second, one thorisand nine 
 hundred and three (Pamphlet Laws, one hundred and 
 twenty-eight) entitled "An act to establish a Depart- 
 ment of Fisheries, to provide for its proper adminis- 
 tration ; and to provide for the protectioD and propa- 
 gation of fish by the Department of Fisheries." 
 
GAME, FISH, AND FORESTRY LAWS. 'JOy 
 
 An act approved May first, one tlionsaiid nine hun- Act of Muy 
 dred and nine (Pamphlet Laws, tliree hundred and i, i^^oy, ii*. 
 nine), entitled 'An act to encourage the propagation ^- 309*. 
 of fish, and to regulate the catching, taking, and de- 
 struction of fish in the Delaware River below Trenton 
 Falls, within the jurisdiction respectively of the Con- 
 monwealth of Pennsylvania and of the State of New 
 Jersey; and providing penalties for violation of its 
 provisions, and to repeal acts inconsistent therewith." 
 
 An act approved May eighth, one thousand nine Act (.f Mhv 
 hundred and nine (Pamphlet Laws, four hundred and 8, 1!h)9. (P. 
 eighty), entitled "An act to encourage the i)ropagation ^- -^^ti' 
 of fish in the Delaware River above Troiiton Falls, 
 within the jursidiction respectively of the Common- 
 wealth of Pennsylvania and of tlic State of New 
 Jersey; and providing penalties U^v violation of its 
 provisions, and to repeal acts inconsistent therewith." 
 
 An act approved April eigliteenth, one thousand ^pj „j- ^^,„.,| 
 nine liui!d)ed and thirteen (Pamphlet Laws, one hun- is, uti:; (P 
 dred). entitled "An act to classify the species of fish L. looi. 
 in such parts of the boundary lakes of more than 
 five thousand acres, as the Commonwealth has juris- 
 diction over, and in the waters of any peninsula or 
 in any bay adjacent to or connected with such lakes : 
 to declare which fish are game-fish, which fish are 
 food-fish, and which are minnows or bait-fish ; to 
 protect and provide for the maintenance and increase 
 of fish in such lakes; to regulate and ]irovide for 
 the payment of license fees for the catching of fish 
 from such boundary lakes, and prohibit the unau- 
 thorized taking of fish from devices used by authority 
 of such license ; to provide penalties and punishments 
 for the violation of any of the provisions of this act ; 
 and requiring the county wherein an offense is charged 
 to pay costs of prosecution in certain instances ; and 
 repealing all acts inconsistent herewith." 
 
 An act approved April twenty-first, one thousand ^ct of April 
 nine hundred and fifteen (Pamphlet Laws, one hun- ^' Iqq^- *^ 
 dred and sixty), entitled "An act to give additional 
 protection to the fish in the waters within the Com- 
 monwealth of Pennsylvania ; prohibiting the fishing 
 for. or capture or killing of, such fish by unnatural- 
 ized foreign-born residents ; and prescribing penalties 
 for violation of its provisions." 
 
 14 
 
210 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Does not ap- 
 ply. 
 
 Repeals. 
 
 Act of May 
 1, 1909, (i'. 
 L. o5o). 
 
 Tliis act does not affect any other statute, now ex- 
 isting or hereafter passed, which- lelates to tiie angling 
 
 Act of June 
 H, 1911. (P. 
 L. 050 J. 
 
 General 
 VeaJ. 
 
 re- 
 
 or 
 
 catching 
 
 of fish in any bounihary waters. 
 Section 153. The act approved May first, one thou- 
 sand nine hundred and nine (Pamphlet Laws, three 
 Imndi-ed and fifty-three), entitled "An act to chissify 
 the fish in the waters within this Commonwealth ; de- 
 claring which are game-fish, which are food-fish, and 
 which are bait-fish, and to regulate the catching and ^ 
 sal(>, and encourage t\u) propagation of the same ; to 
 protect the waters within this Commonwealth and 
 unfair, improper, wasteful, and destructive fishing, 
 mid to protect fish from being destroyed or injured by 
 destructive means ; to provide for the appointment of 
 fish-wardens, and to declare their official powers and 
 duties; to encourage and regulate the propagation of 
 fisli Avithin this Commonwealth, and regulate the free 
 distribution of the same by the Department of Fish- 
 eries, in the waters within the same ; to define powers 
 and duties of the Department of Fisheries ; to regu- 
 late the sale and shipment of fish artificially propa- 
 gated for profit; to forbid the sale of unlawful de- 
 vices for catching fish ; and to provide penalties and 
 punishments for the violation of the provisions of this 
 act, and providing how and by whom the costs shall hv. 
 paid :" the act approved June third, one thousand nine 
 hundred and eleven (Pamphlet Laws, six hundred and 
 fifty), entitled "An act to amend the fifth section of 
 an act, approved the first day of May, Anno Domini 
 one tliousand nine hundred and nine, entitled "An 
 act to classifv the fisii in the waters within this Com- 
 monwealth ; declaring which are game-fish, which are 
 food-fish, and which are bait-fish, and to regulate the 
 catching and sale and to encourage the propagation of 
 tlie same ; to protect the waters within this Common- 
 wealth from unfair, imi)roper, wasteful, and destrucc- 
 tive fishing, and to protect fish fi-om being destroyed 
 or injured by destructive means, to provide for the 
 appointment of fisli-wardens, and to declare their of- 
 ficial powers and (hities ; to encourage and regulate the 
 propagation of fish within this Commonwealth, and 
 regulate the free distribution of the same by the De- 
 partment of Fisheries, in the water within the same : 
 to define powers and duties of the Department of 
 Fisheries ; to regulate the sale and shipment of fish 
 artificially propagated for i)rofit ; to forbid the sale 
 ».»f niihiwful devices for catching fish ; and to provide 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 211 
 
 penalties and punishments for the violation of the pro- 
 visions of this act, and providing how and by whom 
 the costs shall be paid' by removing certain restrictions 
 in fishing witn nets,"' — are hereby repealed. All acts 
 or parts of acts inconsistent with this act are hereby 
 repealed. The repeal by this act of any prior act 
 shall not operate to revive any act or part of acts here- 
 tofore repealed. 
 
 This act shall become ef6ecti^•e January first, one 
 thousand nine hundred and eighteen. 
 
 Approved— The 28th day of July, A. D. 1017. 
 
 MARTIN G. BRUMBAUGH. 
 
 Effective 
 January 1st, 
 191S. 
 
 AN ACT 
 
 To revise, amend, and consolidate the law relating to jxay i6th, 
 fish in certain boundary lakes, bays, and peninsular i9i9, P. L. 
 waters. 1S4. 
 
 Section 1. Be it enacted, &c., That : — 
 
 ARTICLE I. 
 
 Definitions. 
 
 Section 2. The following terms, when used in this 
 act, are employed, except where the context otherwise 
 indicates, Nvith the meaning herein respectively as- 
 signed thereto : 
 
 •"Boundary lake" means such part or parts of lakes 
 of more than five thousand acres, lying between this 
 and any other State or foreign country, as this Com- 
 monwealth has jurisdiction over. 
 
 '"Bay" means a bay adjacent to, or connected with, a 
 boundary lake as above defined. 
 
 "Peninsular waters"' means water on any peninsula, 
 which water is adjacent to, or connected with, a bound- 
 ary lake as above defined. 
 
 "Person" means an individual, copartnership, asso- 
 ciation, or corporation, 
 
 "Game fish" means all species or varieties of black 
 or yellow bass, rock bass, calico bass or strawberry 
 bass, crapnie bass, muscallonge, and grass pike. 
 
 "Bait fish" means minnows and killifishes. 
 
 Boundary . 
 Lake. 
 
 Bay. 
 
 Peninsular 
 waters. 
 
 Person. 
 Game fish. 
 
 Bait fish. 
 
212 
 
 GAME, FISH, AND FORESTKY LAWS. 
 
 Food ftsh. 
 
 Peiiiiissable 
 
 methods dI' 
 fishing. 
 
 Number of 
 fish which 
 may be 
 caught. 
 
 Permissible 
 
 time 
 
 for lishiiig. 
 
 Penalty. 
 
 "Food fish" means all fish other than game fish 
 ami bait fish as above defined. 
 
 Singular number includes the plural. 
 
 jNIasculine gender includes the feminine and neuter. 
 
 ARTICLE II. 
 
 Regulatory Provisions Applicable to Boundary Lakes, 
 Bays, and Peninsular Waters. 
 
 Section 5. Except as hereinafter otherwise specifi- 
 cnlly provided, no person shall fish for or capture game 
 fish or food fish in boundj)ry lakes, bays, or peninsular 
 waters, in any manner, with any device, means, or 
 method, other than 
 
 (a) Rod and line having not more than three hooks. 
 
 (b) Hand line having not more than three hooks. 
 
 (c) Trolling line with spoon hoooks attached. 
 
 (d) Spear, whicli may be used for catching carp 
 and suckers only. 
 
 Any person violating any provision of this sectoin 
 shall, on conviction, be subject to a penalty of twenty- 
 five dollars or, in default of payment, undergo impris- 
 onment in the county jail for a period of one day for 
 each dollar of fine imposed. 
 
 Section 6. No person shall, in any one day, catch, 
 kill, or have in possession, the same being killed, more 
 than the number of fish herein designated for the 
 respective species ; that is to say, 
 
 (a) Rock bass, twenty-five. 
 
 (b) Crappie, twenty-five. 
 
 (c) Strawberry or calico, twenty-five. 
 
 (d) Any species of black bass, twelve. 
 
 (e) Any species of grass pike, twehc 
 
 (f) Any species of muscallonge, twel\<'. 
 
 Section 7. No person shall catch, takr. or have in 
 possession, the same being killed, any game iish. from 
 the first day of November to the thirtieth day of May 
 next ensuing, both dates inclusive. 
 
 Section 8. Any person violating the provisions of 
 section six or seven of this act shall, on conviction, 
 be subject to a penalty of five dollars for each and 
 every fish caught, killed, or had in possession. In de- 
 fault of payment, such person shall be imprisoned in 
 the county jail for the period of one day for each dol- 
 lar of fine imposed. 
 
GAINIE, FISH, AND FORESTRY LAAVS. 
 
 213 
 
 Section J). i\o person shall cause or allow any dead 
 fish, fish offal, contents of tannery vats, planing mill 
 sliavijigs, dyestuffs. coal — or gas tar. coal oil. sawdust, 
 tan bark, cocculus indicus (othei-wise known as fish 
 berries), lime, vitriol, or any of the compounds thereof, 
 refuse from gas houses, oil tanks, pipes, or vessels, or 
 any deleterious, destructive, oi' poisonous substances 
 of any kind or character, to be turned into, or allowed 
 to run. flow, wash, or be emptied into, any boundary 
 lak'^s. bays, or peninsula watei-s. 
 
 Any person violating the provisions of this section 
 shall, on conviction, be subject to a penalty of one 
 hundred dollars, or to undergo imprisonment in the 
 county jail for six months, or both. 
 
 Section 10. No persons shall fish in any boundary 
 lake, bay, or peninsular waters, with electricity, quick- 
 lime, or any kind of explosive, drug, or poisonous sub- 
 stance. 
 
 No persons shall place any such substance in such 
 waters, except for engineering purposes and after writ- 
 ten permission has been obtained from the proper 
 national. State, or local authorities. 
 
 Any person violating any provision of this section 
 .shall, on conviction, be subject to a penalty of one 
 hundred dollars, or to undergo an imprisonment in the 
 county jail for a period of six months, or both. 
 
 Section 11. Except by and with the consent of the 
 Commissioner of Fisheries, no person shall catch, sell, 
 or make use of any game fish or food fish or minor 
 food fish for the purpose of making composts or other 
 fertilizing mixture. 
 
 Any person violating the provisions of this section 
 shall, on conviction, be subject to a penalty of one 
 hundred dollars, or to undergo an imprisonment in the 
 county jail for three months, or both. 
 
 Section 12. No person shall capture and kill any 
 sturgeon under four feet in length, nor have in pos- 
 session the carcass or flesh of any sturgeon under the 
 length aforesaid. 
 
 Any sturgeon of less than the said length of four 
 feet which may be captured, must be immediately re- 
 turned to the waters from which taken and in such a 
 manner as to cause to the fish so returned the least 
 possible injury. 
 
 Pollution of 
 water. 
 
 Penalty. 
 
 Unpermls- 
 sible method* 
 of fishing. 
 
 Penalty. 
 
 Use of flsh 
 for fertil- 
 izers. 
 
 Penalty. 
 
 Sturgeon. 
 
214 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Rules aiid 
 les'iilatious^ 
 
 Minnow nets. 
 
 Nets. 
 
 Injurious lish 
 
 Licenses for 
 devices. 
 
 Boats. 
 
 Any porson violating any provision of this section 
 sliall be subject, for each sturgeon illegally captured 
 and killed or had in possession, to a penalty of twenty- 
 five dollars, or to undergo an imprisonment in the 
 county jail for the period of one month. 
 
 Section 13. The Commissioner of Fisheries may 
 make such rules and regulations applicable to any 
 peninsula on which is located any peninsular waters, 
 ns hereinbefore defined, as he may deem necessary for 
 the protection of fish in such peninsular waters, or 
 for the protection of any fish hatchery located on such 
 neninsula. Such rules and regulations shall be posted 
 in not less than five conspicuous places ori such penin- 
 sula. Any person violating any such rule or regula- 
 tion shall, on conviction, be subject to a penalty of 
 fifty dollars. 
 
 ARTICLE III. 
 
 Regulatory Provisions Applicable Exclusively to Bays 
 and Peninsular Waters. 
 
 Section 20. The Commissioner of Fisheries is hereby 
 empov.-ered to authorize the use of minnow nets for 
 juigling or scientific purposes in any bay or penin- 
 sular water. 
 
 Section 21. The Commissioner of Fisheries or any 
 representative of the- Department of Fisheries may, 
 for the jjurnose of stocking the waters or for the pur- 
 pose of taking spawn, catch fish with nets in such 
 v.Titers at finy time of the year. 
 
 Section 22. The Department of Fisheries may re- 
 f^iove by means of nets, bv contract or otherwise, any 
 fish which it may deem injurious to other fisli. 
 
 ARTIVLE lY. 
 
 Regulatory Provisions Apulicable ExclusiA'ely to 
 Boundary Lakes. 
 
 Soction 25. The Depnvfjiiont of Fisheries is hereby 
 puthorized to issue a fishijig license unon written 
 application therefor signed b.v the applicant, upon 
 nayment of the licenso foe herein prescribed for the 
 rosnective fishino- 'T- vif <? : that is to say. for each 
 
 (a) Row or sail boat used in fishing with gill nets, 
 ten dollars. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 215 
 
 ( b) Boat, other than a row or sail boat, uiidor ton 
 tons gross burden, twenty dollars. 
 
 (c) Boat of from ten to twenty tons gross burden, 
 thirty dollars. 
 
 (d) Boat over twenty tons gross burden, forty 
 dollars. 
 
 (e) Pound net, twenty dollars. 
 
 (f) Trap net or device, other than a pound net, Traps and 
 not less than one dollar nor more than ten dollars, to derices. 
 be determined and fixed by the Commissioner of Fish- 
 eries. 
 
 The Commissioner of Fisheries may re^■oke any Revocation oi 
 license for violation of any provision of this art or for license, 
 violation of any conditions in which the license was 
 granted. 
 
 Any person operating, or employing others to Penalty. 
 operate, any boat, net, or device, without being licensed 
 as hereinbefore provided, shall, on conviction, be sub- 
 ject to a penalty of fifty dollars, or. in default of pay- 
 ment, be imprisoned in the county .iail for a period of 
 one day for each dollar of fine. All fish caught Avith Forfeitures, 
 such unlicensed devices shall be forfeited to the De- 
 partment of Fisheries. All unlicensed devices used in 
 violation of the provisions of this act shall be forfeited 
 to the Department of Fisheries. 
 
 Section 26. No license sliall be issued except upon 
 the condition that the operator of any boat so licenesd 
 shall permit a person designated by the Commissioner 
 of Fisheries to accompany such boat, at anv time 
 when it is engaged in fishing, for tlie purpose of secur- 
 ing for the use of the Department of Fisheries, from 
 the fish so caught.^ so much of their spawn as the de- 
 partment maj' desire. 
 
 Section 27. No license sliall be issued to a resident 
 of any State or county whose laws prohibit the issuing 
 of a license to a resident of the Commonwealth of 
 Pennsylvania. 
 
 Section 28. Except as in this section hereinafter 
 provided, no gill nets shall be licensed other than gill 
 nets having a mesh of not less than three inches, 
 stretched mesh fishing measure. 
 
 Oill nets used in fishing for trout may be licensed, 
 which have meshes of at least fi\e and one-half inches 
 in size, stretched mesh fishing measure. 
 
 No pound nets shall be licensed other than pound I'ound net.s. 
 nets the cribs of which shall have a mesh of not less 
 than two and one-half inches, stretched mesli fishing 
 measure. 
 
 Comity. 
 
 Gill nets. 
 
216 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 TrHp nets. 
 
 Dura t ion 
 
 ExhiViitidiL 
 lictr.ses. 
 
 locations fur 
 
 Penalty. 
 
 Buoys attach 
 to nets. 
 
 Penalty. 
 
 No trap nets shall be licensed other than trap nets 
 of M'liich shall have a mesh of not less than two and 
 one-half inches, stretched mesh fishing measure. 
 
 Section 29. Licenses issued under the authority of 
 this article shall be good for the calendar year in 
 which issued. Such licenses shall be carried by th(» 
 operator of any boat, net. or device, for which issued, 
 and shall be shown on demand to any fish warden, 
 • •oiistable. deputy sheriff, fish commissioner, or any 
 authorized representative of the Department of Fisli- 
 cri'-s. 
 
 Any person refusing to exhibit his license on de- 
 mand as aforesaid, shall be subject to a penalty of five 
 dollars, or, in default of payment, be imprisoned in 
 the county .iail for one day for each dollar of fine. 
 
 Section 30. No net, except a gill, or a net fastened 
 to and supported by poles driven in the ground and 
 known as a pound net. shall be set. fastened, drawn, 
 or used, within sixteen miles from the entrancp to 
 nny bay. nor within one-half mile from any stream. 
 measured in a direct line. 
 
 No gill net or pound net shall b^^ set. fastened, 
 drawm. or used, within two miles of the entrance to 
 anv bay. 
 
 No net 
 drawn, or 
 
 of tliis section 
 hundred dollars, 
 for a period of 
 
 of any character shall be set, fastened, 
 used, within thore-fourths of a mile from 
 sliore, measured in a direct line. 
 
 A person violating any provision 
 shall be subject to a penalty of on*^ 
 or imprisonment in the county jail 
 three months. 
 
 Soction 81. No nets, except gill nets and pound 
 nets, shall be set, fixed, or fastened, witliout having 
 thereto attached a buoy, of at least eighteen inches in 
 diameter, bearing a metallic tag on which shall be 
 marked the owner's name and address, and which 
 buoy must be plainly visible and above water at all 
 times. 
 
 A person A'iolating any provision of this section 
 shall, on conviction, be sub.iect to a penalt^^ of twenty- 
 five dollars and the confiscation of the net. Any net 
 required to be buoyed which is found in the water 
 without buoy as above provided, and the owner can- 
 not be located, shall be confiscated to the Department 
 nf Fislieries. 
 
GAME, FISH, AND FORESTllY LAWS. 
 
 217 
 
 Section 32. No person, except tlie owners thereof 
 or their lepresentatives, shall remove or take fish from 
 any device licensed under, and ojjcrated according to, 
 the provisions of this act. 
 
 A person violating any provision of this section 
 shall, "on conviction, be subject to a penalty of ten 
 dollars for each fish so unlawfully taken, provided the 
 total amount of fines shall not exceed one hundred dol- 
 lars for fish taken at any one time. In default of pay- 
 ment, such person shall be imprisoned in the county 
 jail for the period of one day for each dollar of fine. 
 
 Any fish recovered shall be returned to the owner 
 or owners from the net or device from which they 
 were taken, and all boats and appliances used in un- 
 lawfully taking the fish shall be forfeited to the De- 
 partment of Fisheries. 
 
 Section 33. No person shall catch, by means of any 
 <levice for which a license is issued under the pro- 
 visions of this act, any 
 
 (a) Blue pike and sauger pike less than eleven 
 inches in length. 
 
 (b^* Yellow pike less than thirteen inches in length. 
 
 (c) Yellow perch less than nine inches in length. 
 
 (d) Ciscos not less than six ounces in weight in the 
 round. 
 
 (e) White fish not less than one and three-fourths 
 pounds in weight in the round. 
 
 Any person violating the provisions of this section 
 shall bo subject to a penalty of ten dollars for each 
 fish so taken or had in possession. 
 
 The foregoing provisions of this section shall not 
 apply to a person who, having caught any fish less 
 than the size or weight permitted, returns such fish in 
 the condition in which they were caught to the waters 
 from which they were taken. 
 
 Section 34. The Commissoiner of Fisheries is hereby 
 empowered to authorize the use of minnow nets for 
 angling or for scientific purposes. 
 
 Section 35. The Commissioner of Fisheries may 
 make such rules and regulations applicable to any 
 boundary lak(\ as hereinbefore defined, as he may deem 
 necessary for the protection of fish in such waters. 
 
 Removing 
 tish from 
 devices of 
 others. 
 
 Penalty. 
 
 Fish which 
 may be 
 caught (»y 
 use of 
 devices. 
 
 Penalty. 
 
 Minaow 
 nets. 
 
 Rules and 
 
 regular 
 
 tions. 
 
21S 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Seiz\ire of 
 devices. 
 
 Arrest of 
 offenders. 
 
 Trial. 
 
 Costs. 
 
 When 
 arrest 
 jiiay bo 
 made. 
 
 ^>nicers' 
 failure to 
 rerforni 
 duty. 
 
 ['rnalty. 
 
 Thre«t or 
 Menaces 
 to offi- 
 cers. 
 
 ARTICLE V. 
 
 Provisions Relating to the Enforcement of the Act and 
 the Disposition of Fines. 
 
 Section 40. Any fish commissioner, fish warden, 
 .special warden, sheriff, constable, or any special officer, 
 Mr any peace officer in this Commonwealth, is hereby 
 authorized and required to proceed, with such force 
 of the county as may be necessary, to seize any device 
 for catching fish used contrary to, or prohibited by, 
 This act. Such officers are required to arrest, with or 
 without warrant, any person owning, placing, or using 
 .such device, or violating any provision of this act. 
 
 Section 41. Such officers are authorized and re- 
 quired to apprehend and arrest, and immediately take 
 any Pf^rson guilty of any violation of this act before 
 any alderman, magistrate, or justice of the peace, who 
 .shall forthwith hear and determine such charge in the 
 manner herein provided. 
 
 Section 42. In case of any fish commissioner, fisli 
 warden, or any other officer hereinbefore named, fails 
 to prove his case and the defendant is discharged, or 
 in case the defendant is convicted and sent to jail in 
 lieu of the payment of fine, the county in which the 
 case is heard shall pay the costs. 
 
 Section 43. Such arrests may be made on Sunday 
 or any legal holiday ; in which case the person so 
 arrested shall be taken before the proper officf^r and 
 proceeded against on the first lawful day following 
 the arrest. 
 
 Section 44. Any sheriff, deputy sheriff, constable, 
 special officer, or other peace officer of this Common- 
 wealth, refusing or neglecting to proceed, with such 
 force of the county, to forthwith remove and destroy 
 any existing device illegally used for the catching of 
 fisli within its jurisdiction, after being notified in 
 ■u-riting of the existence of such illegally used device ; 
 or any such officer neglecting or refusing to remove or 
 destroy any such illegal device for catching fish within 
 the Commonwealth of which he shall be cognizant, 
 shall, on conviction as provided herein, be sentenced 
 to pay a fine of fifty dollars. 
 
 Section 45. Any person who shall by threat, 
 menace, or force, or in any manner, attempt to deter 
 or prevent any fish warden, or other person authorized 
 to make arrests for violation of the fish laws, from 
 enforcing or carrying into effect any provisions of this 
 
GAME, FISH, AND PORESTIlY LAWS. 219 
 
 act, or who shall resist the seizure of boats, devices, 
 or nets, illegally used, shall, on conviction thereof as 
 provided herein, be sentenced to pay a fine of one 
 hundred dollars. 
 
 Section 46. That in all cases of arrest for violation Evidence, 
 oi any provision of this act, the possession of fish pro- 
 hibited by such provision, or the possession of a de- 
 vice at or near a place where such device is prohibited 
 by such provision, shall be prima facie evidence of the 
 violation of such provision. 
 
 In case of the pollution of waters by any substances 
 known to be injurious to fish, it shall not be necessary 
 to prove that such substances actually caused the 
 di^ath of any particular fish. 
 
 Section 47. Any alderman, magistrate, or justice of Wananis. 
 the peace, upon information or complaint, made to 
 him by affidavit of one or more persons, charging any 
 person with having A'iolated any of the provisions of 
 this act, or any of the rules and regulations adopted 
 and promulgated by tlie Commissioner of Fisheries 
 pursuant to this act, is hereby authorized and re- 
 (inired to issue his warrant, under his hand and seal, 
 directed to any constable, peace oflicer, or warden, and Suminary 
 shall cause such person to be arrested and brought conviction. 
 before such alderman, magistrate, or justice of the 
 peace, who shall hear and determine the guilt or in- 
 nocence of the person or persons so charged. 
 
 Section 48. All license fees collected under this Disposi ion 
 act, and all fines imposed and collected for the viola- and use of 
 tion of any provision of this act, shall be forthwith l^^_f-^^^^'- 
 paid by such alderman, magistrate, or justice of the 
 peace, to the Department of Fisheries at Harrisburg. 
 All moneys received or recovered by the Department 
 of Fisheries under any provision of this act shall be 
 immediately paid into the State Treasury, where it 
 shall be kept as part of a fund separate and apart, to 
 bo used solely under the direction of the Department 
 of Fisheries for the purpose of the payment of the 
 salaries of the Commissioner of Fisheries, clerks, 
 stenographers, fish wardens ; traveling expenses ; 
 counsel fees; court expenses; and contingent expenses: 
 for the propagation, protection trnd distribution of 
 fish, the stocking of the waters, and the employment of 
 necessary labor and the purchase of material and im- 
 I)lements therefor: for necessary repairs and improve- 
 ments to fish hatchories : for field work, gathering 
 spawn, transferring fish, and the employment of nec- 
 essary labor and the purchase of necessary imple- 
 
 fees. 
 
220 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Limitation 
 of actions. 
 
 Disposition 
 of fni- 
 feited hoats 
 and fle- 
 Tlces. 
 
 mciits therefor: for the purchase of necessary land 
 and water supplies to the State fish hatcheries ; for the 
 l)urduise and erection of buildings, ponds, and other 
 extensions, incidental to State fish liatcheries ; for the 
 maintenance and operation of a boat on Lake Erie, 
 and the cruiser Anna at Torresdale on the Delaware 
 River ; and for the dredging of channels, ponds, and 
 the making of improvements on Presque Isle Penin- 
 sula, and the approach to the fish hatchery at Erie. 
 
 All moneys in such separate fund from time to timo 
 are hereby specifically appropriated to tlie Department 
 of Fisheries, and may be expended for the purpf^se.s 
 hereinbefore enumei'^ited. The Auditor Geuernl shall, 
 upon requisition from time to time of the Commis- 
 sioner of Fisheries, draw his Avarrant on the Stato 
 Treasurer for the amount specified in such requisition, 
 not exceeding, however, the amount in swch fund at the 
 time of making such requisition. 
 
 Section 49. All actions for violntion of any pro- 
 visions of this act shall be taken within one year from 
 the time the offense is committed. 
 
 Section 50. All boats and legal devices used un- 
 lawfully and forfeited to the Department of Fisheries 
 under any of the provisions of this a':!:, shall be sold 
 by the Commissioner of Fisheries or destroyed by his 
 order. All unlawful nets or devices, not preserved for 
 exhibition purposes by the Department of Fisheries, 
 shall be destroyed by the Commissioner of Fisheries 
 or by his order. Records shall be made of all such 
 sales or destruction on the books of the depaj'tment. 
 
 ARTICLE YI. 
 
 Construe 
 tion. 
 
 Act of April 
 5, 1917 (P. 
 L. 50), not 
 aflFected. 
 
 Construction and Repeal. 
 
 Section 60. The provisions of this act are severable, 
 and if any of the provisions shall be held to be uncon- 
 stitutional, such d<^cisions shall not affect the validity 
 of any of the remaining provisions of this act. This 
 act is intended as a complete and exclusive system for 
 the protection and propagation of fish in boundary 
 lakes, bays, and peninsular waters, as hereinbefore 
 defined. 
 
 Nothing in this act shall be construed to affect in 
 any way the provisions of the act, approved April 
 fifth, one thousand nine hundred and seventeen, en- 
 titled "An act prescribing a closed season for sturgeon 
 in the waters of Lake Erie, under the jurisdiction of 
 this Commonwealth, on the condition that certain 
 
GAME. FISH, AND FORESTRY LAWS. 
 
 221 
 
 Icgislntion shall be adopted by certain States of the 
 United States and by the Province of Ontario of the 
 Dominion of Canada." 
 
 Section 61. The act of May fifth, one thousand 
 nine hundred eleven (Pamphlet Laws, one hundred 
 Und sixty-four), entitled "An act to forbid the use of 
 a gill net of more than thirty meshes deep, in such 
 parts of boundary lakes of jnore than five thousand 
 acres as this Commonwealth h.-is jurisdiction over, 
 and providing penalty and punishment for the viola- 
 tion of any provision of this act ;" the act, approved 
 Apiil eigliteenth, one thousand nine hundred thirteen 
 (Pamphlet Laws, one hundred), entitled "An act to 
 classify the species of fish in such parts of the boun- 
 dary lakes, of more than five thousand acres, as this 
 Commonvv'ealth has jurisdiction over, and in waters of 
 any peninsula or in any bay adjacent to or connected 
 with such lakes : to declare which fish are game fish, 
 which fish are food fish, and whicli are minnows or bait 
 fish ; to protect and provide for the maintenance and 
 increase of fish in such lakes, to regulate and provide 
 for the payment of license fees for the catching of fish 
 from such boundary lakes, and prohibit the unauthor- 
 ized taking of fish from devices used by authority of 
 such license ; to provide penalties and punishments for 
 th<^ violation of any of the provisions of this act; and 
 requiring the county wherein an offense is charged to 
 pay costs of prosecution in certain instances ; and re- 
 )>ealing all acts inconsistent herewith," are hereby 
 repealed. 
 
 All other acts or parts of acts inconsistent with the 
 provisions of this act are hereby repealed. 
 
 The repeal by this act of any act or parts «t' acts 
 shall not operate to revive any act or parts of acts 
 lieretofore repealed. 
 
 Approved— The 16th day of May, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 Act of May 
 5, 1911 (P. 
 L. 164), 
 cited for re 
 peal. 
 
 Act of April 
 18, 1913 P. 
 L. 100), 
 cited for re- 
 peal. 
 
 Repeal. 
 Revival. 
 
0'>9 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 June Ttli, 
 191 'J, P. L. 
 4oG. 
 
 Sturgeon 
 or iiiaiiiose. 
 
 Uelaware 
 Bay and 
 River. 
 
 Closed 
 season. 
 
 Misdemeanor. 
 TcMialtv. 
 
 When ef- 
 fectiva. 
 
 AN ACT 
 
 Providing a closed so.;ison on sturgeon or niamose in 
 the Delaware River and Bay and the tributaries 
 thereof upon the passage of similar legislation by 
 cfU'tain States. 
 
 Section 1. Be it enacted, &c., That hereafter it shall 
 not be lawful for any person or persons to take, oatch, 
 kill, or have in possession any sturgeon or mamose. 
 taken, caught, or killed in the Delaware Bay and Ri\ei- 
 or their tributaries, at any time of the year until the 
 first day of March, Anno Domini one thousand nine 
 hundred and twenty-four. Any person or persons vio- 
 lating any of the provisions of tliis. act shall be deemed 
 guilty of a misdemeanor, and, upon conviction thereof, 
 shall be punished by a fine of five hundred doUai's. or 
 be imprisoned not over thirty days, or both, at the dis- 
 cretion of the court. 
 
 Section 2. This act shall take effect and be in force 
 only Avhen similar acts have been passed by the Legis- 
 latures of the States of New Jersey and Delaware. 
 
 Approved — The 7th day of June, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 NOTE. — New Jersej' has a similar law, imt Delaware has not. 
 
 AN ACT 
 
 July 8th, 
 1919, P. L. 
 
 778. 
 
 Non-resident 
 fisherman's 
 licence act. 
 
 Definitions. 
 
 For the better protection of fish ; requiring citizens 
 of the United States residing without this Com- 
 monwealth to procure a license to fish or angle in 
 the waters of this Commonwealth or in the waters 
 bounding or adjacent thereto ; and regulating the 
 Issuance of such license ; providing penalties for 
 the violation of this act. 
 
 Section 1. Be it enacted, &c., That the word "per- 
 sons," as used in this act, except where the context 
 otherwise indicates, means citizens of the United 
 States, not citizens of Pennsylvania, without regard 
 to age. The masculine gender includes the feminine, 
 and the single number includes the plural. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 223 
 
 Section 2. The provisions of this act are severable, 
 jind in the event of any section hereof being declared 
 unconstitutional, it is hereby declared as the intention 
 of the Legislature that such section may be elimin- 
 ated therefrom without affecting any other provisions 
 of this act. 
 
 Section 3. No person, except 
 vided. shall angle or fish at any 
 waters of this Commonwealth or 
 ing or adjacent thereto without 
 a 
 
 Coti^tniction. 
 
 license as 
 Section 4. 
 not citizens 
 titled upon 
 
 as hereinafter pro- 
 time in any of the 
 in the water bound- 
 having first secured 
 herei naf ter provided. 
 
 Citizens of the United States who are 
 of the State of Pennsylvania shall be en- 
 written or oral application, to receiAc 
 from any county treasurer or justice of the peace 
 <iauified as hereinafter provided or from the Commis- 
 sioner of Fisheries his officers, or agents, a "non- 
 resident's fishing license," upon the payment of a 
 license fee of five dollars, together with the cost of 
 such treasurer's or justice's fee. 
 
 Section 5. All licenses shall be issued on forms 
 l)repared and supplied by the Commissioner of Fisli- 
 ories at the expense of the Commonwealth. The li- 
 cense shall show the name, age, occupation, and resi- 
 dence of the licensee, and the date of its issue. It 
 >;hall also contain the signature of the licensee written 
 in ink, and shall authorize the person named therein 
 to fish or angle in the waters of this Commonwealth 
 or in the waters bounding or adjacent thereto, under 
 the restrictions and requirements of existing laws, 
 during that year the date of which is inscribed 
 thereon. The license shall become void upon the 
 thirty-first day of December next following the date 
 of issue. The license may contain such other in- 
 formation as the Commissioner of Fisheries may re- 
 quire. 
 
 Section G. Every county treasurer of this Com- 
 monwealth shall keep, in a book to be supplied by 
 the Commissioner of Fisheries at the cost of the Com- 
 monwealth, a correct and complete record of all fish- 
 ing licenses issued by him. Every county treasurer 
 shall cause to be entered in such book at the close of 
 each week the name and place of residence of each 
 individual to whom a license shall have been issued 
 that week. Such book shall be open, at reasonable 
 hours, to the inspection of any officer of the Com- 
 
 Noii-resi'ieiit 
 iishenneii 
 must have li- 
 cence. 
 
 Issuance of li- 
 cense. 
 
 Fees. 
 
 Form of 
 license. 
 
 Contents. 
 
 Duration of 
 license. 
 
 Reooi-d of li- 
 censes issued 
 by countv 
 treasurer. 
 
224 
 
 GA:\rE, FISH. AXI) FORESTRY LAWS. 
 
 Iss'janco <if 
 })<-eiis*es by 
 justice. 
 
 Fee of jus- 
 tice. 
 
 Report of 
 justice to 
 county-treas- 
 urer. 
 
 Delivery of 
 license books 
 and stubs to 
 couiitj' treas- 
 urer. 
 
 Report of 
 covuity treas- 
 urer to Com 
 :riissioner of 
 Fisheries. 
 
 Cf'ur.ty treas- 
 urer's fee. 
 
 I'ayment of 
 license fees tc 
 Stale Treas 
 ury liy coun- 
 ty troasuier. 
 
 inoiiwriilth whose duty it is by law to protect the fish 
 in the waters of this Commonwealth or in the waters 
 bounding or adjacent thereto. 
 
 Section 7. Any justice of the peace who h:is quail - 
 lied therefor by having applied to the county treasuriM- 
 of the county in which he is located, and having re- 
 ceived and receipted therefor the necessary blanks, 
 may issue any fishing license provided by this act, on 
 like conditions and in like manner as prescribed for 
 the issuance of such licenses by any county treasurer, 
 upon payment of fifteen cents to said justice by said 
 licensee in addition to the license fee hereinb-^fore pio- 
 \ ided : said sum of fifteen cents to be retained by said 
 JTistice of the pence as his fee for the issuance of the 
 license and for reporting the same and remitting pay- 
 ment therefor to the county treasurer of the county in 
 wliich said justice of the peace is located. Such re- 
 port and remittance shall be made by such justice of 
 the peace within twenty-four hours after the issuance 
 of said license by him. Upon such report and remitt- 
 ance, the county treasurer shall make a record of and 
 otherwise treat said license as though it has been is- 
 sued from his office, except that he shall also note 
 upon his record the name of the justice issuing the 
 license. Every justice of the peace shall deliver the 
 book or books from which he has issued licenses, to- 
 gether with the stubs thereon properly filled out and 
 showing the names of each licensee, the number and 
 character of the license, and such other matter as the 
 stubs may require, to the treasurer of his county dur- 
 ing the month of January of each year. 
 
 Section 8. Every county treasurer of this Com- 
 monwealth shall eacli week forward to the Commos- 
 sioner of Fisheries a complete list of. the licenses 
 granted, with the names and addresses of the licens- 
 ees, on blanks to be furnished by the Commissioner of 
 Fisheries at the cost of the Commonwealth. 
 
 Section 9. A county treasurer may collect for 
 services rendered under this act the sum of ten cents, 
 to be paid by the applicant for a license. All license 
 fees, except said treasurer's fees paid to a county 
 treasurer under this act, shall be by such treasurer 
 paid into the State Treasury at least once a month, 
 to be applied to the purposes hereinafter provided. 
 Such county treasurer shall make a return to the 
 State Treasurer upon a form to be supplied by the 
 Commissioner of Fisheries at the cost of the Common- 
 
Forfpiture of 
 licpiise. 
 
 I 
 
 GA^rE, FTSH, AND FORESTRY LAWS. 225 
 
 wealth,' and shall in all such cases forward a dnpli- iieport by 
 cate of such report to the Commissionei- of Fisheries ""uiity tn-as- 
 at Harrisburg. Treasurer 
 
 Section 10. No person shall angle or fish unless a7i(i Coinmis- 
 the license liereinbefore provided be at such time con- sioner of 
 tinuously kept about the person of the licensee and ^'•^•^pi't'^- 
 exhibited upon the request of any fish commissioner, [/jl^'j?"^^ |,','"'^,\ 
 fish warden, slieriff, constable, or other officer of the person ami' ' 
 Commonwealth- exhihited. 
 
 Section 11. No person shall alter, loan, or trans- .^iteration or 
 fer any license authorized by this act, nor give any 'tran.'jfor of 
 false or misleading information to the county treas- licenso. 
 urer or justice of the peace or to the Commissioner 
 of Fisheries, his officers or agents in the application 
 therefor. 
 
 Section 12. Any person violating any provision of Violations. 
 this act, shall, on conviction, be sentenced for each 
 offense to pay a fine of twenty-five dollars, together I'cnaity. 
 with the costs of prosecution. In addition to such 
 penalty, the license of any person convicted or sign- 
 ing an acknowledgment as hereinafter provided sliall 
 be void, and shall be surrendered by such person, and 
 immediately sent by the court making the conn'ction 
 or the officer taking the acknowledgment to the Com- 
 missioner of Fisheries at Harrisburg. 
 
 Section 18. Whenever any person shall be con- Failure to 
 victed of violating any provisions of this act, and '/.f,;.!*"^' '*""' 
 shall refuse oi- neglect to at once pay the fine im- ' "'' "'■ 
 posed, together Avith the costs of prosecution, such 
 person shall be at once committed to the county jail 
 in which the conviction occurs for a period of one day 
 for each dollar of penalty imposed, unless such person Penalty. 
 enter into good and sulficient recognizance to pay the 
 fine and costs within five days after the date of the 
 conviction or to prosecute an appeal according to law. 
 
 Section 14. Every alderman, magistrate, or justice .Turisriiction 
 of the peace shall have the power of summary con- 
 viction in matters pertaining to the violation of any 
 provisions of this act. 
 
 Section 15. All actions for violations of any pro- r'ro.edure. 
 vision of this act, excepting where the defendant is 
 taken in the act of violating the law or in a pursuit 
 immediately following such violation, shall be com- 
 menced by a complaint of any person before an alder- Complaint. 
 man, magistrate, or justice of the peace, made under 
 oath within one year after the date of such violation, 
 15 
 
226 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Will'TiP.lt. 
 
 ]-Ic;i riii^ 
 
 yciitcrico. 
 
 Forwuidiiig' 
 Hues 1(1 Corii- 
 jiiiasioiicr ut 
 ' I'Mshoi'les. 
 
 riiyiuent 'if 
 fines und li- 
 cense f(>os to 
 State Treas- 
 ury by Coin- 
 inissioncr of 
 Fisheries. 
 
 Use of moneys 
 recovered un- 
 der this net. 
 
 Section 16. Upon such complaint any aldorman, 
 magistrate, or justice of the peace shall issue a war- 
 rant directed to any constable, peace officer, fish c<^m- 
 missioner, or fish warden, and cause such person to be 
 brought before him. Such alderman, magistrate, or 
 justice of the peace shall hear the evidence, and de- 
 termine the innocence or guilt of the person accused, 
 and if such person be convicted shall be sentenced to 
 pay the fine and costs as hereinbefore provided. 
 
 Section 17. All fines recovered under this act in 
 cases where the prosecutor is a salaried oflicer of the 
 Commonwealth shall be immediately surrendered by 
 the court receiving the same to the prosecutor. Such 
 prosecutor shall, as soon as possible, forward or de- 
 liver such amount to the Commissioner of Fisheries 
 at Harrisburg. Wliere any officer of the Common- 
 wealth other than a salaried officer is a prosecutor, 
 the fine shall be. as soon as the case is fully deter- 
 mined before him, forwarded by such alderman, mag- 
 istrate, or justice of the peace to the Commissioner 
 of Fisheries at Harrisburg, together with a statement 
 of the cause for wliich such money shall have been 
 collected. The cost of such statement is hereby fixed 
 at fifty cents and made a part of the costs of prose- 
 cution. 
 
 Section 18. All fines imposed for violation of this 
 act and all license fees collected under this act re- 
 ceived by the Commissioner of Fisheries shall be by 
 the Commissioner paid into the State Treasury, to be 
 applied for the purposes hereinafter provided. 
 
 Section 19. All license fees collected under this 
 act and all fines imposed and collected for the viola- 
 tion of any provision of this act shall be forthwith 
 paid by such alderman, magistrate, or justice of the 
 peace to the Department of Fisheries at Harrisburg. 
 Al] moneys received or recovered by the Department 
 of Fisheries under any provision of this act shall be 
 immediately paid into the State Treasury, where it 
 shall be kept as a part of a fund separate and apart 
 to be used solely under the directions of the Depart- 
 ment of Fisheries for the purpose of the payment of 
 the salaries of the Commissioner of Fisheries, clerk, 
 stenographers, fish wardens, traveling expenses, coun- 
 sel fees, court expenses, and contingent expenses, for 
 the propagation, protection, and distribution of fish, 
 the stocking at the waters, and the employment of the 
 necessary labor and the purchase of material and im- 
 
GAME, FISH, AND FORESTRY LAWvS. 
 
 227 
 
 Ijlenicnts therefor, for necessary repairs and improve- 
 ments to fish hatcheries, for field work, gathering 
 spawn, transferring fish, and the employment of nec- 
 essary labor and the purchase of necessary imple- 
 ments therefor, for the purchase of necessary land 
 and water supplied to State fish hatcheries, for the 
 purchase and erection of buildings, ponds, and other 
 extensions incidental to State fish hatcheries, for the 
 maintenance and operation of a boat on Lake Erie, 
 and the crusier Anna at Torresdale on the Delaware 
 river, and for the dredging of channels, ponds, and 
 the making of improvements on Presque Isle Penin- 
 sula and ilie approach to the fish hatchery at Erie. 
 
 All moneys in such separte fund from time to time 
 are hereby specifically appropriated to the Depart- 
 ment of Fisheries, and may be expended for the pur- 
 poses hereinbefore enumerated. The Auditor General 
 shall, upon requisition from time to time of the Com- 
 jnissioner of Fisheries, draw his warrant on the State 
 Treasurer for the amount specified in such requisi- 
 tion, not exceeding however the amount in such fund 
 at the time of making such requisition. 
 
 Section 20. Any oflicer of this Commonwealth 
 whose duty it is to protect fish in the waters of this 
 Commonwealth or in the waters bounding or adjacent 
 thereto is authorized to arrest, without warrant, any 
 person in the act of violating any provision of this 
 act or in a pursuit immediately following such viola- 
 tion. The officer making such arrest shall immedi- 
 ately take the person so arrested to the nearest alder- 
 man, magistiati", or justice of the peace for a hearing 
 upon the charge upon which the person was arrested. 
 
 Section 21. A person charged with violating any 
 provisions of this act mav sign an acknowledgment 
 of the offense committed, either before or after the be- 
 ginning of prosecution, and pay to any salaried officer 
 of the Department of Fisheries the penalty in full as 
 fixed by this act, together with costs accrued to that 
 date. The printed receipt therefore, which shall in 
 every instance bear the signature of the Commissioner 
 of Fisheries, shall be full evidence of full satisfaction 
 of the offense committed. 
 
 Section 22. All acts or parts of acts inconsistent 
 Avith this act are repealed. 
 
 Approved— The Sti day of July, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 Appropria- 
 tion of such 
 moneys to 
 Department 
 of Fisheries. 
 
 Arrests witli- 
 (.mt Avarrant. 
 
 Ackno^^le(lJr- 
 lutiit of iruilt. 
 
 Repeal. 
 
228 GAME, FISH, AND FOIIESTIIY J.AWS. 
 
 RULING OF COMMISSIONER OF FISHERIES RELATIVE 
 TO USE OF BURR IKJOKS. 
 
 A.ftt!r llic i)as.sa;;e of the Act of July 28, 1917, wliich became d- 
 feotive January 1st, 1918, the Depaitnieiit ruled that a burr of 
 three points was considered as three hooks. The above ruling, there- 
 fore, prohibited the use of plug bait in the inland waters with more 
 than one burr hook attached. During the past year the Depart- 
 ment has received a great many complaints from tislierm<'n, a(l\ is- 
 ing that it was impossible for them to use i)lug bait owing to the 
 above ruling. In view of the above, and in justice to the number 
 of fishermen who use plug bait, the Dei)ai-tiaent b(^gs to advise that 
 from this date on we will consider a bun* of three ])()ints as <»ii<' 
 hook, then^by permitting the use of the plug bait of three burrs 
 of three points each. 
 
 NATHAN R. BULLER. 
 
 Commissioner of Fisheries. 
 Harrisburg, Pa., March 26, 1910. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 229 
 
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230 GAME, FISH, AND FORESTRY LAWS. 
 
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INDEX TO FISH LAWS 
 
 A. 
 
 Page. 
 
 Actions, lime limits 169-178-183-187-207-202-225 
 
 Alewife 193 
 
 Alderman, 169-178-183-206-219-226 
 
 Alien, piobihited from fishing 182 
 
 Anchored, nets not to be, at both ends, 165-174 
 
 Apparatus, forfeiture of fishing, 155-165-174-175-185-194-205-220 
 
 A pparatus, fishing, destruction of 155-186-220 
 
 Appeal, right of 156-169-178-206-225 
 
 Application of fines and penalties, 156-169-178-187-207-219-226 
 
 Application to maintain a propagating plant 194 
 
 Application for a seine license 192 
 
 Appointment of Commissioner of Fisheries 159 
 
 Appointment of Fish Wardens 202 
 
 Appointment of Chief Fish Warden, 203 
 
 Appointment of Special Fish Wardens 204 
 
 Artificial propagating of fish by individuals 194 
 
 Arrest, resisting or interfering witii, 155-169-178-206-218 
 
 Arrests on Sunday 169-178-205-218 
 
 Arrest, warrant for, 155-169-178-186-200-219-226 
 
 Arrests Avithout warrant 155-169-178-180-206-219 
 
 B. 
 
 Bail 169-178-206 
 
 Bait fish, 163-17:?-188-211 
 
 Bait fish in Delaware River 163-178 
 
 Black bass, 155-163-173-188-211 
 
 Bass, calico or strawberrj-, 155-163-173-188-211 
 
 Brss, grass 188-211 
 
 Bass, green, . .163-173-188-211 
 
 Bass, large mouth, 155-163-173-188-211 
 
 Bass, rock or red-eve, 155-163-173-188-211 
 
 Bass, small mouth 155-163-173-188-211 
 
 Bass, striped, 188-211 
 
 Bass, white, 163-173-188-211 
 
 Bass, yellow, or Oswego, or green, 163-173-188-211 
 
 Bass, in DelaAvare River, 155-163-173 
 
 Blue Pike, 188-211 
 
 Boat, forfeited to Commission of Fisheries 154-165-160-175-208-215-220 
 
 Boundary waters, 153-161-171-211 
 
 Boundary waters, length of fish in 155-167-17G-213 
 
 Brook trout 163-173-188 
 
 Bulletins niaj' be issued bv Department of Fisheries 204 
 
 Bull frogs, 184 
 
 Burr hook 163-228 
 
 (231) 
 
232 INDEX. 
 
 C. 
 
 Calico or strawberry bass, 163-17;M88-211 
 
 Call) ltiG-lTr>-18S--'12 
 
 Cat-tish, 1 (>(M7r)-188-2l2 
 
 Cat-fisb, stone (see bait-ftsh). 
 
 Certificate for the transportation of trout 194 
 
 Certificate for propagating purposes, 194 
 
 Certificate for fisli sold, 194 
 
 Charr, or brook trout. 16:-!-173-188-211 
 
 Clmtes and fishways, 180-196 
 
 Classification of fish 168-17^-188-21 1 
 
 Closing chutes, fishways, etc., for repairs, 197 
 
 Coal-oil prohibited 1 68-177-199-213 
 
 Commission of Fisheries, Appointment of 159 
 
 Commissioner of Fisheries, duties and powers of ir)9-2U2-203 
 
 Commitment to jail see "Penalty." 
 
 Compensation to Fish Wardens, 203 
 
 Compost, fish for 213 
 
 Confication of fish and appliances l;j;"i-16r)-lT4-175-186-20r»-2ir) 
 
 Constables ex-ofiicio fish wardens, 12-1.'! 
 
 Constables, powers and duties of, 12-13 
 
 Construction of fish-ways by Commissioner of Fisheries, 180-196 
 
 Contrivances, forbidden in fishing 153-154-1 tJ4-16ri-16ii-l(>.s->73-174-l 75- 
 
 185-11)1-208-212-216-218-220 
 
 Contamination of waters 168-177-198-213 
 
 Convictions, sxmmiary 156-168-177-183-18..-206-219-225 
 
 Costs, county to pay m certain cases 156-157-1 G9-17S-]8;!-186-205-218 
 
 Court de<'isions, • • • • 239 
 
 Crappie, grass, strawberry, or calico buss, 16.'!-173-1SS-211 
 
 D. 
 
 Dams 1 96 
 
 Dams, gates or fishways in 180-196 
 
 Decisions pertaining to fish, 239 
 
 Defiling Avaters prohibited, 16K-177-198-213 
 
 Delaware River, general act relating to 153 
 
 DelaAvare River, above Trenton Falls 171 
 
 DelaAvare River, below Trenton Falls, 161 
 
 Department of Fisheries 159 
 
 Desti-uction of illegal fising appliances, 155-186-205 
 
 Device, permit for special 201 
 
 Dip nets 153-163-173-191-201 
 
 Dipsey line in Delaware River, 164-174 
 
 Distances net can be used, 168-175-193-216 
 
 Disposition of penalties, 156-169-178-183-187-207-219-226 
 
 Distril)ntion of fish 201 
 
 Domestic fowls, tresspassing, may be killed after notice, 195 
 
 Drawing oft of water prohibited 197 
 
 Drift net. . .• 165-175 
 
 Duty of Commissioner of Fisheries 160-161-200 
 
 Duty of Fish Warden 160,183-203 
 
 Duty of Fish Wardens on Delaware River 156-169-178 
 
 Dynamite 168-177-198-213 
 
INDEX. 233 
 
 E. Page. 
 
 Eels, 166-176-196 
 
 Pl^elpots ia Delaware River, 166-176 
 
 Eggs 194 
 
 Educational purposes, fish may be kept for 194 
 
 Electricity, fishing with 168-177-198-21.'^ 
 
 Employment of guides, 200 
 
 Erection of flshways, chutes, slopes, etc 180-196 
 
 Exchange of fish or eggs, 195 
 
 Explosives or poisons, 168-177-198-21;; 
 
 Explosives for engineering purposes, may be used 199 
 
 F. 
 
 Pall-fish, 188 
 
 Fertilizer, fish for 213 
 
 Fines, disposition of, 156-169-178-183-187-207-219-226 
 
 Fish, open seasons for 163-173-188-212 
 
 Fish, bait 163-173-188-211 
 
 Fish basket, not to be used, except by special permit 201 
 
 FJshways not to be obstructed, 198 
 
 Fish, classification of, lSS-211 
 
 Fish, free distribution of, providing for, 201 
 
 Fish frv 201 
 
 Pish, food '. 168-173-188-212 
 
 Pish, game, 163-173-188-211 
 
 Fish, illegally taken must be returned to water 155-189-213 
 
 Fish, catching for special purposes, 155-167-176-200 
 
 Fish, food and game, may be sold during season and for six days 
 
 thereafter, 195 
 
 Fish, length of, 155-167-176-190 
 
 Fish Commissioners, powers of, 160-201 
 
 Fish Wardens, diities and powers of, 155-160-108-177-201-218 
 
 Fish Wardens, to enforce game, fish and forestiT laws 46 
 
 Fish, disposition of, and appliances used, when seized, 155-185-208-215-218-220 
 
 Fish, time may be had in possession after close of open season, 195 
 
 Fish, corporations may have special police, 158 
 
 Fishing at fishways and dams, 197 
 
 Fishing devices in inland waters 191 
 
 Fishing with nets above Trenton Falls, 164 
 
 Fishing in State at large 153-163-172-190-191-212 
 
 Fishing for scientific purposes permitted 153-204 
 
 Fishing, certain methods prohibited, .163-154-165-166-167-173-175-176-185-219 
 
 Fish.eries Department, 159 
 
 Fisheries Commission 159 
 
 Fishing on Simday prohibited, 154-165-175-188 
 
 Fishing regulated in State, 198 
 
 Fishing regulated in boundary waters 155-162-171-211 
 
 Fishways, no fishing within one hundred feet of, 197 
 
 Pood fish 163-173-188-212 
 
 Food fish, license to take, 194 
 
 Food fish, sale of, for compost prohibited, 213 
 
 Food fish in Delaware River 163-173 
 
 Pojeign-bom unnaturalized residents prohibited from fishing 182 
 
 Forfeiture of fish and fishing appliances 155-165-174-175-185-194-205-220 
 
 Forfeiture of license 225 
 
 Frogs, opea season for, 184 
 
 Frcgs, number that may be taken 184 
 
 Frogs, not to be taken with lights 185 
 
 Fry, fish, pi-eference to State, 195 
 
 Fyke nets, 155-166-1 74-191 
 
234 INDEX. 
 
 G. 
 
 l*age. 
 
 Game fish, general acts of Assembly, 16o-173-188-211 
 
 Game lisU in Delaware River, 163-173 
 
 Game tisli, open season for ir)r)-165-175-189-212 
 
 Game fish in inland waters, 188 
 
 Game fisli, manner of catching, 155-165-175-191-212 
 
 Game Jish, summary of law 229 
 
 Game tish, methods specifically mentioned ir)5-165-175-191-212 
 
 Gaff, 192 
 
 Gas tar prohibited lGS-177-199-213 
 
 Gill nets 154-104-174-215 
 
 Green bass 1G3-173-188-211 
 
 Guide, employment of, 200 
 
 Guide not to ftsli for employer 200 
 
 H. 
 
 Hand line 164-173-191-212 
 
 Haul seine, 192 
 
 Hearings, 156-168-178-182-186-206-226 
 
 Herring 164-174 
 
 Hook and line 155-1 57-1 63-173-188-214 
 
 Hooks 1 64-174-191-212 
 
 I. 
 
 Illegal, contrivances prohibited, 155-156-164-165-167-160-185-191-218 
 
 Illegal devices to be destroyed or sold, or forfeited, ..155,105-166-174-175-185- 
 
 186-194-218 
 Imprisonment imposed, see penalties, 
 Interfering Avith officers 169-178-206-218 
 
 J. . 
 
 Justice of the peace 15G-1G8-177-1 82-186-205-219-226 
 
 K. 
 Killifi.shes 163-173-188-211 
 
 L. 
 
 Lakes, boundaiy, protection of fish in, 211 
 
 Lauding net, may be used 192 
 
 Law, decisions of courts 239 
 
 Laws relating to fish in State at large, 182-184-188-222 
 
 Laws relating to fish in the DelfiAvare River, 153-161-171 
 
 Laws relating to fish in Lake Erie 211 
 
 Lawful manner of fishing in Delaware River 153-154-102-172-173 
 
 Length of fish taken, Delaware River, 153-154-162-172-173 
 
 Length of fish taken, in internal Avaters 190 
 
 Length of fish taken, boundary waters 21 2 
 
 License, artificial propagating, securing of ". 194 
 
 License, seine, securing of 192 
 
 License to fish for food fish 192-214 
 
 License, right of State to impose 249 
 
 License for fishing in Lake Erie 214 
 
 License fees, disposition of, :'07-21 0-226 
 
 License to be shown on demand 192-218-225 
 
 Lime, use of in fishing prohibited ^ 08-177-198-213 
 
 Limitation of time in prosecutions 169-178-1«::'-1'57-207-220-225 
 
 Limit of fish that may be taken, 190-212 
 
INDEX. 
 
 
 M. 
 
 Page. 
 
 Measurement of fit^ll l.")0-l«;:-l 76-190 
 
 Meshes, size df iu seiiK'S or nets 164-17-1-192-21G 
 
 Methods of tishing- permitted, 153-155-164-178-101-214 
 
 Minnow, bait fish 163-173-188-212 
 
 Migration of fish, obstructing _ 196 
 
 Misdemeanor 1 oM-lSQ 
 
 Mullets 163-173-188-212 
 
 Muscallonge, 18S-211 
 
 N. 
 
 Nets forbidden in Delaware River 153-1. "5-163-173 
 
 Nets on Sunday, iri4-165-174 
 
 Nets to be destroyed ; 156-166-175-192-220 
 
 Nitro-glycerine, use of forbidden 168-177-198-213 
 
 Notice, trespass, 1 9S-199 
 
 Nmnber of fi.sh that may be caught, 190-212-229 
 
 Number of frogs that may be taken, 184 
 
 Nimiber of tadpoles that may be taken 184 
 
 Number of terrapin that may be taken, 184 
 
 Number of bass in one day. Lake Erie 212 
 
 Nursery streams 202 
 
 O. 
 
 Obtaining fish by false representation, 202 
 
 Obstmcting fishways, 196 
 
 Obstructing flow of water prohibited, 1!'6 
 
 Obstructinsr migration of fish 197 
 
 Office of Fish Commission 197 
 
 Office of Commissioner of Fisheries, 161 
 
 Officer refusing or neglecting to do duty 46-205-218 
 
 Officer, resisting or interfering with 169-178-206-218 
 
 Open season for fish 163-173-188-212 
 
 Ownership and control of streams, 201 
 
 P. 
 
 Paraphernalia, seizure of 155-165-174-175-185-194-20.5-220 
 
 Penalties for violation of fish law, ..155-156-166-168-174-175-177-182-188-190- 
 
 192-194-197-198-199-202-206-213-215-21 6 217-225 
 
 Perch 163-173-189-217 
 
 Permission to draw off water 197 
 
 Pennission to use explosives for engineering purposes 109 
 
 Permit for special devices in inland Avaters, 201 
 
 Pickerel, 163-173-188-211 
 
 Pike, blue, 163-173-188-211 
 
 Pike, grass, 21 2 
 
 Pike perch ' 155-163-173-188-211 
 
 Pike, wall-eyed or Susquehanna salmon, 155-163-173-188-211 
 
 Pike, western, 188-211 
 
 Planting fish 202 
 
 Poinson, fi.shing with, forbidden, 168-177-198-213 
 
 P'oinson and acids from tanyards to be kept out of streams, , .168-177-198-213 
 
 Poisonous substances in streams prohibited 168-177-198-213 
 
 Police, special 158 
 
 Police, powers and duties of 158 
 
 Pollution of waters forbidden 168-177-198-213 
 
 Possession of fish prima facie evidence 206 
 
 Pound net .'. 216 
 
236 INDEX. 
 
 Page. 
 
 Power of Commissioner of Fisheries, 160-201-202 
 
 Powers of fisb wardens 155-107-169-177-200-218 
 
 Preference ot State in distributing fish, 201 
 
 Prima facie evidence 206 
 
 Private streams, 216 
 
 Proceedings on arrest made, 155-156-165-174-175-185-194-295-220 
 
 Property seized, disposition of 155-165-174-175-185-194-295-220 
 
 Propagating streams may be set aside and closed, 202 
 
 Propagating of fish, artifically by individuals 193 
 
 Public fisliing, waters open to, 202 
 
 Purchase or sale of certain fish prohibited 200 
 
 Q. 
 
 Quick lime, use of in fishing prohibited 168-177-108-213 
 
 R. 
 
 Recognizance, 1 69-178-183-1 87-206 
 
 Record costs, liability for, 157,169-178-183-187-206-218 
 
 Refusal or neglect of officers to act 205-218 
 
 Refuse from gas houses, etc., not to enter streams 168-177-198-213 
 
 Removal of tijsh from licensed device by third person prohibited 193-217 
 
 Report of Commissioner of Fisheries, 205 
 
 Resisting arrest, 169-178-206-218 
 
 Rock bass, 154-165-175-189 
 
 Rock fish, or striped bass, 154-165-175-189 
 
 Rod and line, 164-173-191-212 
 
 S. 
 
 Sale of seized appliances 186-208 
 
 Sale of certain fish prohibited, 168-177-194 
 
 Sale of certain fish permitted, 168-177-195 
 
 Saturday night fishing with seines, unlawful, 154-105-175-188 
 
 Sawdust in streams prohibited 168-177-198-213 
 
 Scientific purposes 153-201 
 
 Screens to prevent destruction of fish 1 99 
 
 Screens may be placed by Commissioner of Fisheries at expense of owner, 199 
 
 Search for fish, by officer without warrant, 203 
 
 Search warrant, 203 
 
 Seasons for game fish 155-165-175-191-212 
 
 Second offense, 1 54 
 
 Seines, 164-1 73-1 92-214 
 
 Seines in Delaware River not to be broken, 153-167-176 
 
 Seine license 192 
 
 Seizure, right of 155-165-174-185-205-220 
 
 Shad 153-193 
 
 Size of fish legally taken 1-53-166-175-190-212 
 
 Size and number of fish legally taken in Delaware River, 155-166-175 
 
 Spawn 201 
 
 Special device permit for inland waters 201 
 
 Special officers for corporations raising fish 158 
 
 Special officer, powers of, 158 
 
 Special fish wardens to enforce game and forestry laws, 46 
 
 Special wardens not entitled to salary, 204 
 
 Speckled trout, open season for 165-175-189-212 
 
 Speckled trout, wild, not to bought or sold, 19t 
 
 Speckled trout, wild, not to be causht for wages or hire 200 
 
 Speckled trout, wild, size and number to be taken, 19R 
 
 Speckled trout, propagating in captivitv may be sold in certain cases, . . 195 
 Spoon ho6k 1 63-173-212 
 
INDEX. 237 
 
 I'ase. 
 
 Statistics of fish, shall be furnished, 204 
 
 Stocked waters to be free, 202 
 
 Stocking of waters with ftsh, 202 
 
 Streams for propagation may be set aside and closed 202 
 
 Streams on State lands, preference for in distributing fry, 202 
 
 States of Pennsylvania and Is'ew Jei-sey to have concurrent jurisdiction 
 
 over Delaware River, 161-17.1 
 
 Striped bass, or rock fish 167-176-1S8 
 
 Sturgeon 164-174-213-222 
 
 Suckers, 156-166-173-175 
 
 Siiits, costs of, where chargable 156-169-177-183-187-205-218 
 
 Summary convictions 156-168-177-183-185-206-219-225 
 
 Simimary of fish laws 229 
 
 Sunday, no fishing on, 154-165-174-188 
 
 Sunday, arrests may be made on, 169-178-183-186-205 
 
 Sunfish, number that may be taken, 189 
 
 Susquehanna salmon, 154-165-175-191-212 
 
 T. 
 
 Table of size, seasons, etc., cf game fish, 229 
 
 Tadpoles, open season 184 
 
 Tadpoles, number that may be taken, 184 
 
 Tei-rapin, open season for 184 
 
 Terrapin, mmiber that may be taken, 184 
 
 Terms of Fish Commissioners 159 
 
 Threatening officers 169-178-206-212 
 
 Three hooks, 228 
 
 Time limit of actions, 169-178-183-187-207-220-225 
 
 Time fish may be held after close of season 168-177-189 
 
 Torpedo, use of prohibited in fishing, 168-177-198-213 
 
 Transportation of fish permitted, 194 
 
 Trenton Falls, fishing above, 171 
 
 Trenton Falls, fishing below, 161 
 
 Trespassing on waters operated by Fish Commissioners, 198 
 
 Trial 156-168-177-182-186-205-219-226 
 
 Trolling line 163-173-212 
 
 Trout, brook or speckled, 163-172-188 
 
 Trout, open season for, 165-175-189 
 
 Trout, number that may be taken, 191 
 
 Trout, lake, 186-188 
 
 U. 
 
 Unlawful to pi-ocure fish for private purposes 202 
 
 Unlawful taking of ftsh 153-154-164-165-167-172-174-182-184-185-188- 
 
 191-197-212-213-222-223 
 
 V. 
 
 Vats, contents of, 168-177-100-213 
 
 Vitrei, 168-177-199-213 
 
 W. 
 
 Wall-eyed pike, or Susquehanna salmon 154-163-173-188-213 
 
 AValls, wing 154 
 
 Wardens, fish, duties and powers of 155-169-179-182-185-205-218-226 
 
 Wardens, fish to enforce Game and Forestry laws 46 
 
 Wardens, fish, compensation of, 203 
 
 Wardens, special, 204 
 
 Warrants of arrest and search 155-168-177-203-205-218-226 
 
238 INDEX. 
 
 Page. 
 
 Waters for public fishing 202 
 
 Waters in which fishing may be prohibited, 202 
 
 Waters on State lands, preference of, in distribution of fish, 202 
 
 Waters, boundary, ir>3-161-171-211 
 
 Water-wheels must be screened for protection of fish 19.S 
 
 Wild birds may be killed, 19.") 
 
 Wing walls 1^'t 
 
 Y. 
 
 Yellow bass 1G3-173-18S-21 2 
 
 Yellow perch, 163-173-1 88-212 
 
GAME, FISH, AND FORESTRY LAWS. 239 
 
 LEADING DECISIONS PERTAINING TO GAME 
 
 AND FISH 
 
 OWNERSHIP AND CONTROL. 
 
 1. In the classification of property, there are some things, 
 which from their nature are incapable of absolute ownership, and 
 among these are light and air, and game and fish. 
 
 2. Bouvier 781. 
 
 2. It is probable that the right to take game and fish was a 
 natural right, wholly unrestrained originally by law. 
 
 As the population of the earth increased, it apparently became 
 necessary for the purpose of insuring the perpetuity of these 
 things, to abridge or restrict by law this natural right. At what 
 period or by what process this change was brought about does 
 not seem perfectly clear, although the fact remains that this 
 change was wrought, and that in all civilized nations of the world 
 to-day the taking of game and fish is considered a boon or privi- 
 lege and not an inherent right. In America game and fish are 
 considered to belong to the State, not as a proprietor, but in its 
 sovereign capacity, as the representative and for the benefit of all 
 the people. 
 
 Ex parte Maier, 37 Pac. 402. 
 Phelps V. Racey, 60 N. Y. 10. 
 
 3. The right to hunt game is but a privilege given by the leg- 
 islature, and is not an inherent right in the residents of the State. 
 
 Comwth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
 231, p. 45; 232 U. S. 138. 
 
 4. "Wild game of a State belongs to the people, in their col- 
 lective sovereign capacity, a-nd is not the subject of private owner- 
 ship, except in so far as the people may elect to make it so, and 
 they may if they see fit, absolutely prohibit the killing of it, or 
 trafiic or commerce in it. That its taking, possession and the dis- 
 position thereof is the subject of legislative enactment." 
 
 Geer v. Connecticut, 161 U. S. 519. 
 Martin v. Waddel, 16 Pet. 410. 
 Ex parte Maier, 103 Cal. Pa. 476; 37 Pac. 402. 
 Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
 231, p. 45 ; 232 U. S. 138. 
 
240 GAME, FISH, AND FORESTRY LAWS. 
 
 5. "Game in preserves and fish in private waters are still under 
 the control of the Legislature." 
 
 People V. Doxtater, 75 Hun. 472. 
 
 6. "Wild game caught or killed contrary to law, remains the 
 property of the State." "^ 
 
 Thomas v. N. P. Express Co., 73 Minn. 185. 
 
 7. '"The right of a state is maintained, to ad<»pt any reason- 
 ahle regulation, not only as to the time and mjinnor of taking 
 game, but also imposing limitation, upon the right of property 
 in such game after it has been taken, because he who takes or kills 
 game, lias no absolute property in such game and takes its subject 
 to all the provisions of the law authorizing its taking." 
 
 Geer v. Connecticut, 161 U. S. 519, and many citations. 
 AVard v. Race Horse, 163 U. S. 504. 
 
 8. "And the fact tliat game has been killed does not change the 
 relation of the law-making power to it, but it is still subject to 
 control." 
 
 Merritt v. People, 160 111. 218. 
 
 9. "'Tlie measures best adapted to the pi-esorxntion nnd pi-o- 
 tection of game are for the Legislature to deti'i-inino, and courts 
 cnnnot review its discretion." 
 
 Phelps v. Racey, 60 N. Y. 10. 
 
 POLICJE POWER. 
 
 10. "The right to preserve game flows from tho nndoubtod ex- 
 istence of a police power to that end, which may be none the less 
 efficiently called into play because by so doing Interstate Com- 
 mence may be remotely or indirectly affected." 
 
 Geer v. Connecticut, 161 U. S. 519. 
 Hall V. DeCuir, 95 U. S. 485. 
 Sherlock v. Ailing, 93 U. S. 99-103. 
 People V. Silz ; 219 U. S. 31. 
 
 11. "Laws and ordinances relating to the comfort, health, con- 
 venience, good order and general welfare of the inhabitants arc 
 comprehensively styled 'police laws and regulations.' It is well 
 settled that laws and regulations of this character, though they 
 may disturb the enjoyment of individual right are not unconsti- 
 tutional, although no provisions is made for compensation for such 
 disturbance. They do not appropriate private nroperty for public 
 use, but simply regulate its use and enjoyment by the owner, etc." 
 
 Dillon on Municipal Corporations, Sec. 141. 
 
GAME, FISH, AND FORESTRY LAWS. 241 
 
 12. As stated in Barvier v. Conuoly, 113 U. S. 27. ''Neither 
 the amendment (XIV), broad and comprehensive as it is, — nor 
 any other amendment was designated to interfere with the power 
 of the State, sometimes termed its police power, to prescribe 
 i-egulations to promote the health, peace, morals education or good 
 order of the people," we are within the province of the Constitu- 
 tion when we regulate the manufacture and sale of food stuffs, 
 Com. V. McCann, 14 Pa. Superior Ct. 221 ; The number of hours 
 the adult female should labor, Com. v. Beatty, 15 Pa. Superior Ct. 
 5 ; and in prohibiting women and children from working in coal 
 mines, Act May 15th, 1893, P. L. 76 ; in prescribing the qualifi- 
 cations of physicians and undertakers. Com. v. Hanley, 15 Pa. 
 Superior Ct. 271 ; when musical bands may play in the public 
 •streets. Wilkes-Barre v. Garabed, 11 Pa. Superior Ct. 355; when 
 we authorize the killing of dogs following the track of protected 
 game. Com. v. Frederick, 27 Pa. Superior Ct. 228, and in denying 
 the right to aliens to obtain license to sell intoxicating liquors, 
 Transgressor v. Gray. 73 Md. 250; 9 L. R. A. 780. 
 
 Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. Su- 
 preme Ct. 45; 232 U. S. 138. 
 
 13. **Indeed the police power as to game birds, flows from the 
 <hitv of the State to preserve for its people a valuable food sup- 
 
 Phelps V. Racey, 60 N. Y. 10. 
 Ex parte Maier, 103 Cal. 467, 37 Pac. 402. 
 Magner v. People, 97 111. 320. 
 McCready v. Virginia, 94 U. S. 395. 
 Smitli V. Maryland, 18 How 71. 
 
 Comth. v. McComb, 59 Pa. Superior Ct. 411. 227 Pa. Su- 
 preme Ct. 377. 
 
 14. "The power of a State to protect by adequate police regula- 
 tion, tlie people against the adulteration of articles of food, al- 
 tliough in so doing commerce may be remotely affected, necessarily 
 carries with it, the existence of a like power to preserve a food 
 supply, which belongs in common to all the people of the State, 
 which can only become the subject of ownership in a qualified way 
 which can never be the subject of commerce, except witR the con- 
 sent of the State, and subject to the conditions, which it may deem 
 best to impose for the public good." 
 
 Lawton v. Steele, 152 U. S. 133. 
 People V. West, 106 N. Y. 293. 
 People V. O'Neil, 110 Mich. 324. 
 L'Hote V. New Orleans, 177 U. S. 597. 
 
 16 
 
242 GAME, FISH, AND FORESTRY LAWS. 
 
 Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
 
 Pa. Supreme Ct. 377. 
 Comth. V. Papsone, 44 Pa. Superior Ct. 129 ; Pa. Supreme 
 
 Ct. 231, p. 45. 232 U. S. 138. 
 
 15. "Aside from the authority of the State derived from the 
 common ownership of game, and the trust for the benefit of its 
 jM'oplo, which the State exercises in reh^tion thereto, there is an- 
 other view of the power of the State in regard to the property 
 in game, which is equally conductive. The right to preserve game 
 flows from the undisputed existence in the State of a police power 
 to that end, which may be none the less efficiently called into play 
 ln'cause by so doing interstate commerce may be remotely and in- 
 directly affected." 
 
 Kidd V. Pearson, 128 U. S. 1. 
 Hall V. DeCuir, 95 U. S. 485. 
 Sherlock v. Ailing, 93 U. S. page 99-103. 
 Gibbons v. Ogden, 9 Wheaton 1. 
 
 16. Indeed the source of the police power as to game birds 
 (like those covered by the statute here called in question) flows 
 from the duty of the State to preserve for its people a valuable 
 food supply. 
 
 Phelps v. Racey, 60 N. Y. 10. 
 Ex parte Maier, ubi sup. 
 
 Wagner v. The People, ubi sup, and tlie cases there cited. 
 Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
 preme Ct. 377. 
 
 17. The exercise by the State of such power, therefore, comes 
 directly within the principle of Plumley v. Massachusetts, 155 
 U. S. 461 and 473. 
 
 18. The power of the State to protect by adequate police regu- 
 lation its people against the adulteration of articles of food (which 
 in this was maintained) although in so doing commerce might be 
 remotely ^affected, necessarily carries with it the exercise of a like 
 power to* preserve a food supply, which belongs in common to all 
 people of the State, which can only become the subject of owner- 
 ship in a qualified way, and which can never be the object of com- 
 merce, except with the consent of the State, and subject to thc^ 
 
 'conditions which it may deem best to impose for the public good." 
 The people of New York v. August Silz, 219 U. S. 31. 
 Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411. 227 
 Pa. Supreme Ct. 377 
 
GAME, FISH, AND FORESTRY LAWS. 243 
 
 19 "In order to protect local game during the close season it 
 has been found expedient to make possession, of all such game, 
 during lliat time, whether taken within, or without the State, 
 a misdemeanor. In other states of the Union such laws have been 
 deemed essential, and have been sustained by the courts." 
 
 Roth V. State, 51 Ohio 209. . 
 
 Am. St. Rep. 566, 37 N. E. 259. 
 
 Stevens v. State, 89 Md. 669. 
 
 47 Atl. 929. 
 
 Magner v. People, 97 111. 320. 
 
 20. '*It has been provided that the possession of certain kinds 
 of game during the close season shall be prohibited, owing to the 
 possibility that dealers in game may sell birds of the domestic 
 kind, under the claim, that they were taken in another state or 
 country. The object of such laws is not to affect the legality of 
 the taking of game in other states, but to protect the local game, 
 in the interest of the food supply of the people of the State. We 
 cannot say that such purpose, frequently recognized and acted up- 
 on, is an abuse of the police power of the State and as sueh, to 
 be declared void because contrary to the Fourteenth Amendment 
 to the Constitution." 
 
 "That a state may not pass laws directly regulating foreign or 
 inter-state commerce has frequently been held in the decision of 
 this court ; but, while this is true, it has also been held in repeated 
 instances, that laws passed by the states in the exertion of their 
 police power, not in conflict with the laws of Congress upon the 
 same subject, and indirectly or remotely affecting inter-state com- 
 merce are nevertheless valid law. 
 
 Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 
 Ashell V. Kansas, 209 U. S. 251. 
 
 "And it may be said generally that the legislation of a state not 
 directly against commerce or any of its regulations, but relating 
 to the rights, duties and liabilities of citizens, and only indirectly 
 and remotely affecting the operations of commerce is of obligatory 
 force upon citizens within its terrtorial jurisdiction, whether on 
 land or water, or engaged in commerce, foreign or intfrstaie or 
 in any other pursuit." 
 
 Reported in case of People v. Silz, 219, U. S. 31. 
 
 21. "Ilie extent and limitation of what is known as the police 
 power, has been a fruitful subject of discussion in the appelate 
 courts of nearly every state of the Union. It is universally con- 
 ceded to include everything essential to the public safety, health 
 and morals and to justify the destruction or abatement by sum- 
 mary pix)ce€dings of whatever may be regarded as a public nuis- 
 ance, and wherever the public interest demands it a large discre- 
 
244 GAME, FISH, AND FORESTRY LAWS. 
 
 ti(»n ij? necessarily vested in the legislature to determine not only 
 what the interest and the public require, but what measures are 
 necessary for the protection of such interests." 
 
 Barbire v. Connelly, 113 U. S. 27. 
 
 Comth. V. McComb, 39, Pa. Superior Ct. 411, 227 Pa. Su- 
 preme Ct. 3'77. 
 
 Comth. V. Papsone, 44 P. Superior Ct. 129. Sustained by 
 Supreme Ct. 231, p. 45. 232 U. S. 138. 
 
 22. ""The test as to whether the police power is validly ex- 
 ercised, is, whether the enactment has relation to the public wel- 
 fare, as it has been deemed of sufficient importance to justify the 
 Legislature of practically all the states to enact laws for the pro- 
 tection and preservation of game, and we have seen no case which 
 challenges this as a legislative right, clearly within the exercise 
 of the police power." 
 
 23. "The duty of preserving the fish and game of a state from 
 extinction or prohibiting exhaustive methods of taking it, or the 
 use of destructive instruments as are likely to result in the ex- 
 termination of the young as well as the mature, is clear as its 
 power to secure to its citizens, as far as possible, a supply of other 
 wholesome food." 
 
 Lawton v. Steele, 152 U. S. 133. 
 
 Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
 preme Ct. 377. 
 
 24. "Laws enacted for the purpose of regulating tlie time and 
 appliances for catching fish, are a proper exercise of the police 
 power of a state ; and although they may, under certain circum- 
 stances, prevent a man from fishing in a stream running through 
 his own land, they do not necessarily amount to taking private 
 property for public use without compensation. 
 
 Comth. V. Bender, 7 Pa. C. C. 620. 
 
 Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 P. Su- 
 preme Ct. 377. 
 
 25. "'The weight of authority seems to favor the validity of 
 laws prohibiting the possession of game during the closed season." 
 
 Ex parte Maier, 103 Cal. 476. 
 Merritt v. People, 169 111. 218. 
 State V. Farrell, 23 Mo. App. 176. 
 Phelps v. Racey, 60 N. Y. 10. 
 Roth v. State, 51 Oliio, 209. 
 Jarvis v. U. S. 11 App. D. C. 345. 
 
GAME, PISH, AND FORESTRY LAWS. 245 
 
 26. "'Tiic effect of these decisions is, that such possossioii* is 
 unlawful even though applied to game hiwfully captured within 
 the State during the open season, and to game hiwfully captured 
 outside of the State and lawfully brouglit Avithin the State (pro- 
 vided the law of the State prohibits the possession of such game) 
 on the theory that such laws are necessary- for the protection of 
 game, or as suggested by the late Chief Justice Coleridge, that 
 the object is to prevent British wild fowl from being improperly 
 killed and sold, under pretense of being imported from abroad." 
 
 Whitehead v. Smithers. 2 C. P. D. 553. 
 Peeple v. Silz, 209 U. S. 31. 
 
 27. "The police power is not limited to guarding merely the 
 physical or material interest of its citizens. His moral, intellect- 
 ual and spiritual needs may also be considered. The eagle is pre- 
 sei-ved. not for its use, but for its beautv." 
 
 William G. Barret vs. State of New York, Court of Appeals 
 
 No. 203. 
 A— McL.— Ho.— Ch.J.— Cha.— P.— Cr. 
 
 DUE PROCESS OF LAW. 
 
 28. "No person shall be deprived of his life, liberty or property 
 without due process of law." 
 
 C ©nstitution of the United States, 5th and 14th amend- 
 ments. 
 
 29. "TSiis clause of the Constitution only applies to such rights 
 as are in their nature fundamental, which belong of right to citi- 
 zens of all free governments." 
 
 Garfield v. Caryell, 4 Wash. D. C, 380. 
 Scott v. Sanford, 60 U. S. 393. 
 
 30. "It is true that under the fourteenth amendment, no State 
 can deprive a person of life, liberty, or property, without due » 
 process of law. But in determining what is due process of law, 
 we are bound to consider tne nature of the property, the necessity 
 for the sacrifice and the extent to which it has heretofore been 
 regarded as within police power. So far as property is inoffensive 
 or hannle^, it can only be destroyed by legal proceedings with 
 due notice to the owner ; but so far as it is dangerous to the safety 
 or health of the community, due process of law may authorize its 
 summary destruction." 
 
 Sentell v. R. R., 106 U. S. 698. 
 Lawton v. Steele. 152 U. S. 133. 
 Smitii y. Maryland, 59 U. S. 71. 
 FeYtaizing C. v. Hyde Park, 97 U. S. 659. 
 
•J4G GAME, FISH, AND FORESTRY LAWS. 
 
 Comth. V. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Su- 
 i preme Ct. 377. 
 
 Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
 231, p. 45. 232 -U. S. 138. 
 
 31. "The emergency may be such as not to admit of the du- 
 hi;>- essential to judicial inquiry and consideration, or the sub- 
 ject of such action and process may be of such a nature, or the 
 conditions and circumstances in whicli the act must be performed 
 to effect the protection and give effect to tlie law, may be such as 
 to render judicial consideration impracticable." 
 
 Jenkins v. Balientine, 8 Utah 245; 30 Pac. 760. 
 
 32. "In a case involving the validity of a statute of the State 
 of New York, authorizing the summary destruction of nets, used 
 in illegal fishing, it was held, 'that the police power is universally 
 conceded to include everything essential to the public safety, 
 health, and morals, and to justify the destruction or abatement 
 by summary proceedings of whatever may be regarded as a public 
 nuisance.' " 
 
 Smith V. Maryland, 18 How 71. 
 
 McCready v. Virginia, 4 Otto. 391. 
 
 Lawton v. Steele, 152 U. S. 133. 
 
 People v. West, 106 N. Y. 293. 
 
 People v. O'Neil, 110 Mich. 324. 
 
 L'Hote V. New Orleans, 177 U. S. 597. 
 
 Holyoke Water Co v. Lyman, 35 Wall 500. 
 The courts of Pennsylvania have ruled in the same way upon 
 the subject. 
 
 Comth. v. Thos. W. McComb, 39 Pa. Superior Ct. 411, 
 227 Pa. Supreme Ct. 377. 
 
 Comth. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Su- 
 preme Ct. 231, p. 45. 232 U. S. 138. 
 
 CONSTITUTIONALITY 
 
 33. "It is but a decent respect due to the wisdom, integrity 
 and patriotism of the legislative body, by which any law is passed 
 to presume in favor of its validity, until its violation of the Con- 
 stitution is proven beyond all reasonable doubt. A reasonable 
 doubt must be solved in favor of the legislative action and the act 
 be sustained." 
 
 "The preservation of game and fish has always been treated 
 as within the proper domain of the police power and laws, limiting 
 the season when birds and wild animals may be killed, and had 
 for sale, and prescribing the manner in which they may be taken, 
 have been repeatedly upheld by the courts. The duty of preserving 
 
GAME, FISH, AXT) FORESTRY LAWS. 247 
 
 the fish and game of a State from extinction, bj- prohibiting ex- 
 haustive methods of taking it, or the use of destructive instru- 
 ments as are likely to result in the extermination of the young as 
 well as the mature, is as clear as its power to secure to its citi- 
 zens, as far as possible a supply of any other wholesome food." 
 
 "It is within the province of the Legislature to prescribe the 
 methods or instruments that may be used in taking game or fish 
 and it is not unconstitutional for the Legislature of a state to for- 
 bid the use of a specially made gun such as the automatic * * * * 
 Nor are the courts concerned about a technical though trifling in- 
 terference with the pleasure of a hunter, or the property interest 
 of a gun maker in deciding a question of public interest and wel- 
 fare, * * * * AYhere the interest of the private manufacturer and 
 the public will come in conflict from the legislative standpoint, the 
 people at large are to have preference.'' 
 
 "The act of June 10, 1881, forbids the sale to any person under 
 the age of sixteen years, of a pistol, revolver, etc. The act of 
 March 31st, 1860, provides for a confiscation of gambling appar- 
 atus. Even the length of time a female laborer shall be subjected 
 to the exhaustion of physical labor is within legislative control 
 * * * * The object of this act is not to favor the makers of one 
 sort of a gun at the expense of those of other kinds, but its sole 
 object is to protect game, and the methods adopted for its destruc- 
 tion, wliether guns, traps, or devices are proper subjects for legis- 
 lative consideration." 
 
 Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411. 227 
 Pa. Supreme Ct. 377. 
 
 LEGAL STATUS OF DOGS. 
 
 34. '*Dogs have been considered under the law as belonging 
 to a class, as it were between ferae naturae, in which until killed 
 or subdued, there is no property, and domestic animals, in which 
 the right of property is perfect. They are not considered as being 
 upon the same plane as horses, cattle, sheep, and other domestic 
 animals, but rather in the category of cats, monkeys, parrots and 
 similar animals kept for pleasure, etc. Acting then upon the 
 principle that there is but a qualified property in them and that 
 while private interests require that the valuable one shall be pro- 
 tected, public interests demand that the worthless shall be ex- 
 terminated and they have from time immemorial been considered 
 as holding their lives at the will of the Legislature, and properly 
 falling within the police power of the several states. Laws for the 
 protection of domestic animals are regarded as having but a lim- 
 ited apnlication to dogs or cats." 
 
 Santeii v. R. R., 16 U. S. 608. 
 
248 GAME, FISH, AND FORESTRY LAWS. 
 
 • 35. "The court held that even if they were to be regarded as 
 property in the fullest sense of the word, they would still be 
 subject to the police power and might be destroyed or otherwise 
 dealt with, as in the judgment of the Legislature appear neces- 
 sary for the protection of its citizens ; that it was purely within 
 the discretion of the Legislature to say how far dogs shall be rec- 
 ognized as property and under what restrictions they shall be per- 
 mitted to roam the streets." 
 
 36. The Legislature may authorize the killing of dogs following 
 upon tlie track of protected game. 
 
 Comth. V. Frederick, 27 Pa. Superior Ct. 228. 
 
 37. Under the provisions of a new law recently enacted in 
 Pennsylvania to be known as "The Dog LaAv of One Thousand 
 Nine Hundred and Seventeen," Section 22, dogs in this State are 
 declared to be personal property and subjects of larceny. 
 
 LEGAL STATUS OF CATS. 
 
 In an opinion rendered by Horace W. Davis, Deputy Attorney 
 General of Pennsylvania on June 27th, 1917, it is asserted : 
 
 "That common law took no cognizance of cats and that an ex- 
 haustive search of authorities has disclosed but one State in wliich 
 the cat is dignified with one of the attributes of property, nnmcly, 
 value." 
 
 Ford vs. Glennon, 49 Atl. 189. 74 Conn. 0. 
 
 He asserts "That other States including Pennsylvania in listing 
 objects that may properly be termed property, have l)oen uniform 
 in their omission of the cat." 
 
 COMMERCE IN GAME. 
 
 38. "A State can forbid traffic or commerce in game." 
 Geer v. Connecticut, 161 U. S. 519. 
 
 Ex parte Maier, 103 Cal. 476. 
 People V. Silz, 219 U. S. 31. 
 State V. Weber, 102 S. W, 955. 
 Dietreich v. Fargo. 104 N. Y. S. 334. 
 
 39. It has recently been held by the Court of Appeals of the 
 State of New York, in the case of Lewis vs. Clair, the latter a 
 boaixiing house keeper, that the service of game as a part of a 
 table d'liote meal is necessarily a sale of such game, and is paid 
 for by the payment for the meal at least to the extent of a part of 
 the price for such meal. 
 
(;ame, fish, and forestry laws. 249 
 status of imported game. 
 
 People V. Weinstock, 102 N. Y. S. 349. 
 People V. Stillraan, 102 N. Y. S. 351. 
 People V. Waldorf-Astoria, 103 N. Y. S. 434. 
 Silz V. HasterBurg, 219 U. S. 31. 
 
 STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 
 
 40. In 1907, N. I. Schwartz, of New Orleans, was fined for 
 oflforinfi' 75 aigretts for sale contrary to the statute of Louisiana, 
 forbidding the possession or sale of imported as well as native 
 birds. 
 
 State V. Schwartz, 44 La. 20. 
 
 41. In 1907 an employe of <Iimbl(^ Bros., Philadelpliia, was con- 
 victed before an alderman of that city for attempting to sell and 
 having in possession, certain red birds or cardinals, that had 
 according to the evidence Ix^en brought into the State from other 
 states. On appeal to the Court of Quarter Sessions this convic- 
 tion was sustained and defendant was fined. 
 
 Comth. V. Crumley, 1(> A. R. 334, 8 Lack. J. 128. 
 
 RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
 ING BY NON-RESIDENTS. 
 
 42. "A State may lawfully impose a license for the privilege 
 of hunting upon citizens of otlier States, which is not imposed on 
 its own citizens." 
 
 tu re Eberle, 98 Fed. 295. 
 
 43. ''A State can prohibit tlie use of oyster beds in the waters 
 of the State by citizens of other States. That as fish are common 
 property of all the people of the State, a citizen of another State 
 is not invested by the Constitution with any right therein." 
 
 McCready v. Virginia. 94 U. S. 391. 
 Haney v. Compton, 36 N. J. L. 507. 
 State V. Corson, 50 Atl. 780. 
 
 44. "On the 24th day of October, 1904, the Supreme Court of 
 Illinois rendered a decision in the case of Cummings v. People, 
 upholding the constitutionality of the license law, and quoting with 
 approval the decision of the Supreme Court of New Jei-sey in the 
 case of Allen v. Wychoff and the United States Circuit Court of 
 the Northern District of Illinois in the case of in re Eberle." 
 
 Allen V. Wychoff, 48 N. J. R. 90; 2 Atl. 659. 
 
250 GAME, FISH, AND I'ORESTRY LAWS. 
 
 45. "In the case of Commonwoalth v. Cannon, in the court of 
 common picas of C'umberland county, No. 115, Feb. T. 1905. No. 
 .^0 County Court Reports, p. ()37, in overruling the objection filed 
 the leuj'ued (.'ourt said : 'It has been lio\ve\er repejit<Hlly held that 
 .statutes which are directed against non-residents, but not against 
 citizens of other States, are constitutional and valid.* " 
 
 Rothermel v. Meyerle, 13G Pa. 251. 
 
 State V. Medbury, 3 R. I. 138. 
 
 Chambers v. Cluireh, 14 R. i. .'lOS. 
 
 Sears v. Warren Co.. 30 ]nd. 207. 
 
 People v. Lawndes, 130 N. Y. 455. 
 A stockliolder of shooting club corporation, is not an owner 
 of club's re;il estate. A stoekliolder in a cori)oration owning a 
 tract of land used as a game presei-ve is not an "owner" of the 
 land within tlie meaning of tho provision of the law, ]»ermitting 
 owners of farm lauds to hunt game on tlusir lands without pro- 
 curing a resident license. 
 
 Tlie title to wild game is in tlu^ State, irrespective of tlie owner- 
 ship of the land on wliich it uv.\y be found ; and the State may 
 proliibit or reguhitc the killing ol' game, an(l may impose greater 
 restrictions upon non-residents than upon residents. 
 
 The i)roviso to s(H;tion 32 of tlie Game law of 11)03, which pro- 
 vides that nothing in the Act siiall apply to persons hunting on 
 land of another person by invitation of the land owner is invalid, 
 being so repugnant to the body of the Act, that to uphold its 
 validity would be d<\slruc(ivo to the Act itself. 
 
 ■I'he ])roviso to Section 25, was intended to permit owners of 
 farm lands, residing in this State, .-ind tlu-ir eliildreh or tenants 
 to hunt game upon those lands, within the other limitations of 
 the Game law, Avithout procuring a resident license, and was not 
 intended to extend tliat privilege to non-residents. 
 
 Cummings v. The People, Jll. Reports. Vol. 211. p. 303. 
 
 ALIJOXS. 
 
 40. "It is a legal and political axiom that protection and alle- 
 giance are reeii)roeaI. Aliiiis resident or sojourning here, do not 
 owe the full measure of allegiance exacted from the citizens, nor 
 can they enjoy all the rights, privileges and immunities of citizen- 
 ship." 
 
 Luke V. Calhoun Co.. 52 Ala. 115. 121. 
 Cyc. of Law and l*rocedure. Vol. 2, page 88. Note 23. 
 The court in tlie case of Com. v. Joseph Papsoue, among otiier 
 things says : 
 
GAME, FISH, AND FORESTRY LAWS. 251 
 
 47."Nor docs the provision of the fourteenth amendment which 
 declares, 'No State shall make or enforce any law which shall 
 abridge the privileges or immunities of citizens of the United 
 States,' affect this defendant in any way, as he is not a citizen. 
 
 "An alien while domiciled with us, is entitled to the protection 
 of the laws and owes in return for this piotection a temporary and 
 local allegiance which continue during the period of his residence; 
 2 Am. & Eng. Enc. of Law 04. We legislate primarily for our 
 own citizens in granting the special privileges that are independent 
 of our inherent rights. The alien is prohibited from doing many 
 things to which a native born or a naturalized citizen is entitled. 
 He cannot exercise any political rights whatever, nor be compelled 
 to fill any elective or appointive office. He is not (iualified to serve 
 as a juror; or to recci'/c a license to sell liquor, linwk or jx'ddle. 
 A non-resident is not entitled to the benefit of our $300.00 exonip- 
 tio]i law. Each State has its own exemption laws for tlu^ hi>netit 
 of its own citizens. 
 
 The privilege to hunt game has been limited to our own citizens, 
 and as was said in Presser v. Illinois, 110 U. S. 252; 'If th;' jdain- 
 tiff in error has any such privilege he must be able to point to 
 the provision of the constitution or statute of the United States by 
 which it is conferred. For as was said by this Court in IT. S. v. 
 Cruikshank, 92 U. S. 542, the goverinnent of the United States al- 
 though it is within the scope of its powers, supreme and beyond tlu^ 
 States, can neither grant nor secure to its citizens rights or priv- 
 ileges which are not expressly or bj' implication placed iinder its 
 jurisdiction. All that cannot be so granted or so secured are left 
 to the exclusive protection of the State. 
 
 "Whatever one may claim as a right, under the Constitution 
 and laws of the United States by virtue of his citizenship, is 
 a privilege of a citizen of the United States. Whatever the Con- 
 stitution and laws of the United States entitles him to exemption 
 from, he may claim as an exemption in respect to, and sneh a 
 right or privilege is abridged whenev(;r the State law interferes 
 with any legitimate operation of Federal authority which concerns 
 his interest, whether it be an authorit.y actively exerted, or resting 
 only in the express or implied command or assurance of th(^ Fed- 
 eral Constitution or law. P.u't the United States can neith'^r grant 
 nor secure to its citizens, rights or privileges, which are not ex- 
 pressly, or by reasonable implication, placed under its jurisdiction, 
 and all not so placed are left to the exclusive protection of the 
 States." "'^, ' 
 
 This defendant is not a citizen of the United States, nor of 
 this Commonwealth. While he is within our jurisdiction lie is 
 entitled to the equal protection of tlie laws, subject to the limita- 
 ti6ns of the class of which he is a member. 
 
•2o2 GAME, FISH, AND FORESTRY LAWS. 
 
 Com. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Pa. Su- 
 preme Ct. 231, p. 45. 232 U. S. 138. 
 
 48. "Citizetis of other States have no property right which en- 
 titles them to fish against the will of the State, afortori, the alien 
 from whatever country he may come, has none whatever in the 
 waters, or the fisheries of the State. Like other privileges he 
 enjoys as an alien, by permission of the State, he can only enjoy 
 as much as the State vouchsafes to yield to him as a special priv- 
 ilege. To him it is not a property right, but is in the strictest 
 sense o. privilege or favor." 
 
 Rothermel v. Meyerle, 136 Pa. 251. 
 
 State V. Meddery, 3 R. I. 138. 
 
 Chambers v. Church, 14 R. I. 398. 
 
 Sears v. Warren Co.. 36 Ind. 267. 
 
 In re Ah Chong. 2 Fed. Rep. 736. 
 The possession of a shotgun or rifle by an n.licii. oprTatiiig a 
 shooting gallery is a violation of tlie Act of May 8tli, 1909. 
 
 Comth. V. Charles Maloof, 49, Pa. Superior Ct. 581. 
 A conviction may be had under the provisions of the Act of 
 April 14th, 1903, requiring non-residents to secure a license before 
 hunting in this Commonwealth, without showing that the defend- 
 ant had not taken out a license in any other county of the State. 
 
 Comth. v. Cannon, No. 30 County Court R. 637. 
 
 RESIDENT HUNTER'S LICENSE. 
 
 A land owner's right to take fish, or game, on his own land, 
 which inheres in him by reason of his ownershi]* of the soil, is 
 a property right, subject to the States ownership an(l title, Ik'UI 
 to regulate and preserve game. 
 
 State V. Mallory, 83 S. W. 955, Arkansas. 
 An Act providing that no person shall at any time hunt with a 
 gun any of the wild animals or birds, that are protected during 
 any part of the year, without having procured a license, etc., is 
 Constitutional and a reasonable exercise of the police power for 
 the protection of game. 
 
 The power of the Legislature to enact Statutes, is ijlenary. ex- 
 cept in so far as that power has been limited by the Constitution, 
 and every presumption is in favor of the Legislative enactments 
 They will be declared unconstitutional and void when they are 
 clearly violative some express Constitutional limitation. 
 
 Kyle v. People, 80 N. E. 1081, Illinois. 
 
 State V. Holcomb, 101, Pac. 1072, Kansas. 
 
 Cummings v. People, 211, 111., 392, 71 N. E. 1031, Illinois. 
 
GAME, FISH, AND FORESTRY LAWS. 253 
 
 RIGHTS OF THE PEOPLE. 
 
 40. "When the interest of the private manufacturer and the 
 public weal come in conflict, from the legishitive standpoint, the 
 public at large are to have the preference. 
 
 Halter v. State, 7 L. R. A. N. S. 1079. 
 
 Comth. V. Kenny, 32 Penna. Superior Ct. 544. 
 
 Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 
 
 N. Y. etc., R. R. v. New York, 165 U. S. 633. 
 * =;= * * So that, a specially designated gun, which is made 
 particularly effective and proportionately dangerous to game, 
 comes within the class of dangerous agencies either to be regu- 
 lated or prohibited as the Legislature may decide. 
 
 The judgment of the Court below is reversed, and the record 
 is remitted to the end that the sentence imposed may be fully 
 carried into effect." • 
 
 Commonwealth v. McComb. 39 Pa. Superior Ct. 41. 
 Judge Orlady in his opinion handed down in the automatic 
 gun case, after citing numerous methods that might not be legally 
 used in the taking of game says : 
 
 50. "The swivel gun referred to in the Act of 1897, is described 
 as a small cannon, revolving on a swivel, so that it may maim 
 or kill a number of game at a single discharge, but it is always 
 under the direction and control of the operator. The automatic 
 gun mentioned in this act is described as one that is fired from the 
 shoulder, and the recoil developed by the exploded cartridge ejects 
 the shell, cocks the hammer, and feeds in a fresh cartridge from a 
 magazine into a chamber of the gun,' so that all that is required 
 to discharge it is to pull the trigger. It is not necessary to justify 
 the wisdom of the Legislative enactment ; the whole question has 
 so frequently been the subject of discussion in the Legislature and 
 Courts, that we must accept it as a result of their deliberations, 
 that the automatic gun is not a proper weapon for the killing of 
 game, within this Commonwealth. Nor are the Courts concerned 
 about a technical though trifling interference with the pleasure 
 of a hunter or the property interest of a gun maker. Indeed, the 
 source of the police power, as to game flows from the duty of the 
 State to preserve for its people a valuable food supply. * * * * 
 The exercise of this power, therefore, comes directly within the 
 l)rinciple of Plumley v. Mass. 155 U. S. 461, and Silz v. Hosten- 
 burg, 219 U. S. 31." 
 
254 GAME, FISH, AND FORESTRY LAWS. 
 
 JURISDICTION. 
 
 51. "The Courts of Quarter Sessions shall also have jurisdic- 
 tion in cases of fines, penalties or punishments imposed by any act 
 of Assembly for offenses, misdemeanors and delinquencies, except 
 Avhon it shall be otherwise expressly provided and enacted." 
 
 The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
 Sec. 32. 
 
 52. A Justice of the Peace has the right of Summary Convic- 
 tion only when the right is distinctly and specifically given by the 
 act under which suit is brought. 
 
 Gomth. V. LaBar, 32 Sup. Ct. p. 228. 
 
 53. Where concurrent jurisdiction exists in different tribunals 
 the one first exercising jurisdiction rightfully acquires control to 
 the exclusion of the other. 
 
 Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. 
 Hugh Crim. Law^ and Procedure, p. 663, Sec. 2564. 
 
 FRAUD 
 
 54. A former conviction secured by the fraud of the defendant 
 is no bar to a subsequent prosecution, 
 
 Whartons Crim. PL and Prac, Sec. 451, 8th Edition. 
 
 55. It has also been held that a former conviction or acquittal 
 pr(,)cured by fraud of the defendant is no bar to a subsequent 
 prosecution. 
 
 Infra. Sec. 849. 
 
 56. A new trial will be granted where it appears any unfair 
 trick or artifice had been employed, resulting in favor of the 
 party using it; thus a new trial was granted, where the defendant 
 by artifice of the prosecuting attorney, went to trial without con- 
 travening testimony, under the belief that certain witness of the 
 State were absent while in fact they were present and concealed 
 by the prosecution. 
 
 Infra. Sec. 852. 
 
 57. In cases however where the verdict has been obtained by 
 fraud of the defendant, such for instance as the collusive or 
 forcible keeping back witnesses for the prosecution, or the sub- 
 mitting of the ease by trick without evidence, the verdict may 
 be treated as a nulitv. 
 
 Infra. See. 786. 
 
GAME, FISH, AND ]'\)RESTRY LAWS. 25.j 
 
 58. Where the complaint was made to a justice by a person em- 
 ployed to do so, by the defendant, and the warrant was served 
 and witnesses subpoenaed by the defendant's direction, and, an at- 
 torney retained and paid by him, to appear on the part of the 
 State and the circumstances of the case, were so represented to 
 the justice that he imposed a lighter fine, than he otherwise would 
 have done, the case was held open to another trial. 
 
 State V. Little, 1 N. H. 257. 
 Com. V. Jackson, 2 Va. Cas. 501. 
 
 59. Of course, th<n-e is, in what has been said, no reference 
 to a verdict of acquittal, obtained in a sham prosecution, insti- 
 gated by the defendant himself and managed by him, with a view 
 of forestalling, on the ground of such acquittal, a bona fide prose- 
 cution by the State. 
 
 Smith V. Pfluger, 10 Dist. Repts. 717-718. 
 
 60. It has been mnny times decided and may be regarded as 
 settled law. that if one procures himself to be prosecuted for an 
 offense he has committed thinking to get off with sliglit punish- 
 ment, or none, and to thus bar a prosecution in good faith, by the 
 State, for the same offense, if the proce(>dings in reality, managed 
 by himself, either directly, or through the agency of another, and 
 the State while a party in name, is not so in fact, and had no 
 actual agency in the matter, the judgment thus procured is void 
 and affords no protection. 
 
 Shindler'v. State, Indiana Supreme Court, Oct, 1891, 
 Crim. Law Magazine, Vol. 14, 204. 
 
 61. While the judgment in such cases as those before cited are 
 fraudently procured and are frequently said to be void because of 
 fraud practiced, it is apparent, that a better reason for holding 
 them void and not binding upon the State, is, that the State is 
 not a party to them. 
 
 The State can no more be bound by a judgment to which it is 
 not a party than can a citizen of the State. Never having been a 
 party to it, or having any notice, or knowledge of the proceedings. 
 it may be treated as a nulity. * * * * * In speaking of such 
 cases. Bishop well savs : "He, (the defendant) is, while holding 
 his fate in his own hands, in no jeopardy. The plaintiff is no 
 party in fact, but only such in name, the judge is imposed upon, 
 indeed, in point of law, adjudicates nothing. All is a mere puppet 
 show and every wire, moved by the defendant himself," 
 
 1st Bishop Cri. Law, Sec. 1010. 
 
 10 Dist. R. 717. 
 
^256 GAME, FISH, AND FORESTRY LAWS. 
 
 HORNS ON A DEER. 
 
 02. 1)1 a prosecution for illegally killing a deer, it is no defense 
 that the respondent was ignorant of the fact that the anima! was 
 without horns. 
 
 Vermont Reports; No. 75, Vol. II, Page 438, 1903. 
 
 63. In a prosecution for killing a deer not "having horns"' in 
 violation of No. 94, Act of 1896, when it is undisputed that the 
 deer had horns, only to the extent of bunches which did not pro- 
 trude through the skin, whether these bunches were "horns'" with- 
 in the meaning of the statute, is a question of law for the court 
 to rule upon, and not a question of fact for the consideration of 
 the jury. 
 
 A deer which has no horns protruding through the skin, so that 
 they can be seen to be horns, is not a deer "having horns" within 
 the meaning of No. 94, Acts 1896. 
 
 Vermont Reports; No. 77, Vol. II, 175. 
 
 RIGHT OF CONSTABLE TO REWARD. 
 
 64. Constables are entitled to the rewards for securing con- 
 victions for violation of game, fish or forestry laws, as fixed by 
 act of March 22, 1899. 
 
 A. C. Lee, Const, v. County of Wayne. 
 
 65. Deputy Game Protectors arc not entitled to the reward of 
 $10, given Constables under the provisions of the Act of March 
 22nd, 1899. 
 
 H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 
 
 COUNTIES LIABLE FOR COSTS. 
 
 66. Under the Act of April 16, 1903, P. L. 213, counties are 
 liable for costs in all cases where an officer of the Commonwealth 
 whose duty it is to protect our game, song and insectivorous birds 
 in good faith, brings suit for violation of such laws, and for any 
 legal cause fails to recover same. 
 
 Commonwealth vs. Dickinson, 62 Pa. Super. Ct. 468 : 
 "The record shows that the prosecution was instituted by a 
 public officer whose duty it was to enforce the Game Laws of the 
 Commonwealth ; and there being nothing to suggest that it was 
 recklessly or maliciously brought, or that there was lack of suffi- 
 cient cause. The amount of the cost is not before us for taxa- 
 tion ; that phase of the question has never been passed on by the 
 Court below, and if there are errors in the bill as filed, it may 
 be corrected under the usual procedure ; the Court retains control 
 of that question until they are paid. 
 
GAME, PISH, AND FORESTRY LAWS. 267 
 
 \u?^?v.^'^^ ^f^^^'u ¥l°" ^^^^" ^^^ refusing to make the ordf>r 
 that the County should pay the costs of prosecution, the order of 
 the Court below is reversed, and it is now ordered that the costs 
 authorized by the^Law in this case to be taxed of record, be charp- 
 able to and p^iti by the County of Clearfield " , a ^ 
 
 Walker vs. JefPerson County, 33 C. C. Reports 298 : 
 It is the duty ot the Board of Game Commissioners, Gamf 
 Protectors and Deputy Game Protectors to protect game' and to 
 enforce by proper actions and proceedings the Lawl relating t 
 the same The Act of March 22, 1899, P. L. 17. makes the Con- 
 stables of the various wards, boroughs and townships of the Com- 
 monwealth ex-officio Game and Fish Wardens, and imnoses th. 
 duty to enforce the statutes then in force or thereaft^rinacted 
 for the protection of game, etc. * * * * * In such word, 
 power and authority' mean duty and obligation, and in myTpin 
 ion that the State Police act as Game and Fish Wardens is es- 
 sentially of a mandatory character : and, therefore thev arl with 
 in the protection of the Act of 1903, and when they in good faith 
 institute proceedings for violation of the Game Laws wMohfal 
 the County is liable for the costs of record in such pnTcecdin-'^' 
 
 n^''/^^i''^.^^^^^«^t^^^° Liberties, 35 Pa. 324 M^Dade v' 
 Chester City, 117 Pa. 414." , ^^ ^ a. o-t , ivj.cj-/aae ^ s. 
 
 Tr, S!°^*^\^^- Clinton County, 17th Dist. Reports 202- 
 
 In the above case the plaintiff brought suit against Clinton 
 
 SiSS7 ^? '"''^^'^"^ ^^"t« ^"^ ^° a S^^^ law prospcfitfon where the 
 
 nf^f^?*%'^^''^ convicted and committed to jail in liru of the 
 
 payment of penalty and costs. Judge Hall in the oninfnn nifl^ 
 
 foT vII'h"' '\''lt ''''' ^^ ,^ conviction on a "ummarTproceed n^ 
 for violation of the game laws where the failure to"^ recovlrth? 
 SrTbP IZ ? -^'^^^ j^ause the county was liable for such cost^ 
 under the provisions of the Act of April 16, 1903. P. L. 213. 
 
 FERRETS—RIGHT TO CONTROL 
 
 has been held to be constitutional by Judle Edwards fn T S, 
 7juir2.^lSl7-): " *"'' "'"' '' Confmonwfalth vs.''Le;is'BSo 
 
 RESPONSIBILITY OF JUVENILES 
 
258 GAME, FISH, AND FORESTRY LAWS. 
 
 prescribed by the Game Laws of this State for violation of its 
 provisions as is any other person. The Attorney General in this 
 Opinion asserts that no one short of the Judge of the Court of 
 Quarter Sessions is vested with authority to waive these penalties 
 or in any manner to relieve a juvenile of responsibility in a matter 
 of this kind. 
 
 70. DAMAGES BY WILD ANIMLS OR BIRDS 
 
 William G. Barrett, et al., ) COURT OF APPEALS 
 
 vs. > No. 203. 
 
 State of New York. ) A-McL-Ho-ChJ-Cha-P-Cr. 
 
 In this case damages were claimed because beaver protected by 
 the State of New York had cut down certain trees. The Court 
 held the State was not liable for such damages, and, further, that 
 the Legislature alone had power in a matter of this kind. The 
 Court among other things says: — 
 
 ''The protection and preservation of game has ben secured by 
 law in all civilized countries and may be justified on many 
 grounds. ***** *The measures best adapted to this end are 
 for the legislature to determine and courts cannot review its dis- 
 cretion. If the regulations operate in any respect unjustly or op- 
 pressively the proper remedy must be applied by that body." 
 Phelps V. Racey, 60 N. Y. 10. 
 
 "Wherever protection is accorded harm may be done to the in- 
 dividual. Deer or moose may browse on his crops, mink or skunks 
 kill his chickens; robins eat his cherries. In certain cases the 
 legislature may be mistaken in its belief that more good than harm 
 is occasioned. But this is clearly a matter which is confided to 
 its discretion. It exercises a governmental function for the benefit 
 of the public at large and no one can complain of the incidental 
 injuries that may result." 
 
 Lawton v. Steele, 152 U. S. 133. 
 
 RESPONSIBILITY OF SHERIFFS. 
 
 68. In an Opinion rendefea "by Horace W. Davis, Deputy At- 
 torney General of Pennsylvania, on June 30th, 1915, it is asserted: 
 
 "Under these Acts which provide for a fine, and in default of 
 payment of this fine for a sentence of imprisonment for a day for 
 each dollar of fine imposed, and in which an alderman or justice 
 of the peace has original jurisdiction, a commitment cannot bej 
 interferred with or the prisoner discharged, except upon an order 
 of the Court of Quarter Sessions obtained after a reversal of the 
 conviction, or by an order of the Court of Common Pleas under 
 
GAME, FISH, AND FORESTRY LAWS. 259 
 
 the Insolvent Debtors' Acts for the discharge of the prisoner after 
 he has. served an imprisonment of at least three months where the 
 fine exceeds fifteen dollars. 
 
 See Johnson's Petition, 2 Dis. Rep. 700. 
 "Commissioners have, in times past, assumed to exercise the 
 authority of ordering the discharge of prisoners committed for 
 uon-payment of fine or costs. The absolute want of any such 
 authority is clearly set forth in the case of Crawford County vs. 
 Barr, 92 Pa. 359, as stated by Justice Trunkey in this case : 
 
 'County Commissioners have no power to discharge a pris- 
 oner or to remit fines, forfeitures and costs. If courts have 
 sanctioned their acts in paying costs out of the County funds, 
 where a party, was committed solely in default of payment of 
 costs, that does not authorize their interferenee when there 
 has been a conviction and sentence for a crimiHal offense.' 
 See also Schivamhle vs. The Sheriff, 22 Pa. 18. 
 "The action by the sheriff in releasing a prisoner sentenced for 
 default of payment of fine, such release being made only on the 
 order of the County Commissioners, is not so much the fault of 
 the assumption of authority by the Commissioners as the dere- 
 liction of the sheriff in permitting the release of the prisoner 
 without proper warrant of law. 
 
 As stated in Euhn vs. North, 10 S. & R., 399. 
 'The sheriff acts in all cases at his peril and is answerable 
 for any mistakes. Infinite inconvenience would arise if it 
 were not so.' 
 "The action of the sheriff in releasing any prisoner without an 
 order of the Court and before the prisoner has served a day for 
 each dollar of fine imposed renders the sheriff and securities on 
 his recognizance liable for the amount of the fine. 
 
 See Walhei-ton et al., vs. Commonwealth, 7 8. d R. 272." 
 
 RIGHT TO RE-ARREST.' 
 
 69. In this same Opinion, Mr. Davis, regarding the right to re- 
 arrest a prisoner thus illegally discharged, says : 
 
 "In instances which have heretofore occurred where the sheriff 
 has illegally released prisoners committed for non-payment of fine 
 imposed under the various game laws of this State, you should 
 direct such sheriffs to rearrest the prisoners so released. As stated 
 in ScMoam'ble vs. The Sheriff, above cited : 
 
 'The person convicted having been discharged from prison 
 by the deputy sheriff by the direction of the County Commis- 
 sioners without payment of fine was lawfully retaken by the 
 sheriff,' " 
 
260 GAME, FISH, AND FORESTRY LAWS. 
 
 70. CONSTITUTIONALITY OF IaW FORBIDDING THE 
 SHIPMENT OF GAME BY PARCEL POST. 
 
 A California statute prohibiting the shipment of game by parcel 
 post was declared to be constitutional by the California Supreme 
 Court in the case of California vs. Frank Phoedovins, 170 Pacific 
 Reports, 412. 
 
rS2= 
 
 Forest Fires in 
 Pennsylvania 
 
 MUST BE 
 
 Stopped 
 
 if you desire future FORESTS, 
 FISH, and GAME 
 
 ( 261) 
 
Stop Forest Fires 
 
 The forests of Pennsylvania are necessary for the future wel- 
 fare of the Commonwealth. 
 
 The Community loses from forest fires many times the amount 
 of loss to the individaal owner. 
 
 Forest fires do more to destroy the game, fish, and forests, of 
 Pennsylvania than any other cause. 
 
 Every one ought to do his share toward preventing the tn-- 
 mendous economic loss which results from forest fires. You may 
 help greatly by observing the following suggestions: 
 
 Be sure your match, cigarette, or cigar butt and pipe ashes ar • 
 dead before throwing them away. 
 
 Build what fires must be used only, upon bare soil and in sucb 
 places that fire cannot spread. Use small fires. Never build fir" 
 near logs, rotten wood, old stumps, leaves, hollow trees, or far 
 from w^ter. 
 
 Be sure your fire is extinguished before you leave it. 
 
 Burn no brush, or other material, near woodlands upon « 
 windy day, and under all circumstances stay by the fire until ir 
 is dead. 
 
 Be as careful of fire in the woods as you are in your home. 
 
 Help extinguish a fire as soon as one is discovered. If yon 
 cannot help, notify the nearest fire warden, and if possible sen«l 
 a substitute. 
 
 Learn who your nearest fire warden is and give him your sup- 
 port. 
 
 Forest fires are not inevitable, unpreventable, or accidental 
 occurrences. They are the result of negligence or maliciousness. 
 
 Fires can be kept from Pennsylvania forests, but it will moai; 
 co-operation, work, time, and money. 
 
 (262) 
 
THE 
 
 PENNSYLVANIA DEPARTMENT 
 
 OF 
 
 FORESTRY 
 
 State Forest Commission. 
 
 Robert S. Conklin, President, Columbia, Lancaster county. 
 Dr. J. T. Rothrock, West Chester, Chester county. 
 Edward Bailey, Harrisburg, Dauphin county. 
 Henry W. Shoemaker, McElhattan, Clinton county. 
 Gifford Pinchot, Milford, Pike county. 
 
 Office of Commissioner of Forestry. 
 
 Commissioner of Forestry, Robert S. Conklin, Columbia, Lancas- 
 ter county. 
 
 Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- 
 ford, Montgomery county. 
 
 Clerks, A. Elwyn Strode, Camp Hill, Cumberland county. 
 Edward J. Davis, Phoenixville, Chester county. 
 
 Regular meetings of the Commission are held on the first Friday 
 of each month, at 9 o'clock A. M. 
 
 (263) 
 
( -JH-I ) 
 
DIVISION III. 
 
 ACTS OF ASSEMBLY RELATING TO IT)nESTS 
 AND FORESTRY. 
 
 AN ACT 
 
 To prevent the damages which may happen by firing 1794, 3 Sm 
 
 of woods. ^- ^- ^^^ 
 
 Whereas, It has been represented that numbf^is 
 of persons are in the custom of setting fire to the 
 woods for different purposes, thereby producing an 
 extended conflagration, injurious to the soil, destruc- 
 tive to the timber, and the infant improvements 
 within the State ; therefore, 
 
 Section 2. And be it further enacted by the au- 
 thority aforesaid, That where any person or persons, 
 so offending as thereby to occasion any loss, damage, 
 or injury to any other person or persons, every such 
 person or persons so offending shall be and hereby 
 are declared liable to make satisfaction for the same, 
 in any action or actions on the case, to be brought 
 by the party or parties grieved, in the court of com- 
 mon pleas of the county in which the offense was 
 committed. 
 
 Section 3. Where any party is injured, and shall 
 not demand above fifty dollars for his loss or damage, 
 it shall and may be lawful to and for such person 
 or persons to apply to any justice of the peace of 
 the country where the offense is committed who is 
 hereby empowered and required, by warrant under 
 his hand and seal, to cause the party offending to I 
 
 be brought before him or some other justice of 
 the peace of the same county ; and if, upon examina- 
 tion, it shall appear to the justice, by the testimony 
 of one or more credible witness or witnesses, that 
 the defendant is guilty of the charge exhibited against 
 him. then the said justice shdll issue his warrant 
 to' two or more freeholders of the neighborhood. 
 
 { 265 ) 
 
266 GAME, FISH, AND FORESTRY LAWS. 
 
 thereby commanding them, in the presence of thf 
 defendant, if he will be present, to view the placr 
 or thing damaged, or inquire into the loss sustained 
 by the plaintiff, and to certify to the said justice, 
 under their oath or affirmation, what damage, in their 
 judgment, the plaintiff hath sustained by occasion of 
 the premises ; and upon the return of such certificate 
 to the said justice, he is hereby empowered to grant 
 execution for the recovery of the said damages, 
 together with the costs of prosecution, as is usual 
 in the recovery of debts under ten pounds: Provided, 
 That if any person or persons shall apprehend him, 
 her or themselves aggrieved by the determination of 
 any justice of the peace, in consequence to this act. 
 he, she or they shall have a right to appeal from the 
 judgment of the said justice to the next court of 
 common pleas of the proper county. 
 
 1860, P. L 
 410. 
 
 Title VIII. Offenses against real property, and 
 
 malicious mischief. 
 
 Section 153. If any person shall knowingly and 
 maliciously cut, fell, alter or remove any certain 
 bounded tree, or other allowed land mark, to th« 
 wrong of his neighbor, or any other person, he shall 
 be guilty of a misdemeanor, and on conviction, be 
 sentenced to pay a fine not exceeding five hundred 
 dollars, and to undergo an imprisonment not exceed- 
 ing one year. 
 
 Approved— March 31st, A. D. 1860. 
 
 WM. F. PACKER. 
 
GAME, FISH. AND FORESTRY LAWS. 267 
 
 AN ACT 
 
 lo prevent tenants in common of timber lands from ^869. P. L. 
 cutting or removing trees without the consent of all 1251. 
 of their co-tenants. 
 
 Section 1. Be it f^K^ted&c That from and J--'^ J?o- 
 after this date it shall be unlawful for any owner i^^ited froa. 
 or owners of any undivided interests m timber land cutting or 
 within this Commonwealth, to cut or to remove or r^ojmg 
 to cause to be cut or removed, from, the said land '^""^LseS 
 any timber trees, without first obtaining the written ^,, co-tenant, 
 consent of all co-tenants in said premises. 
 
 Section 2. That no sale of any timber cut or re- sai^ of tim- 
 rnoved from such undivided lands, before or without ber tims cut 
 such consent, shall pass any title thereto : and the J-^,-frp\s8 
 na-ties injured shall have every remedy m law ana title thereto, 
 •nnitv for the recovery of the said timber trees, ana 
 of afl s,ua?e imber/boards, lumber ties, sh mgks Bemed,e^,^_^ 
 •ind other articles, whatsoever manufactured tnere- ^^ ^^j^^^j. 
 from • and also for the recovery of damages tor tne and dam- 
 cutting or removing of the same, which they now ages, 
 liave against an entire stranger to the title. . 
 
 Section 3 Upon the violation of the provisions ot parties in 
 the first section of this act, it shall be lawful for any ^tere|t au- 
 of the parties in interest to sue out a writ of estrepe- thonzed to 
 inent, to prevent any further cutting thereon, or the ^^^-^ ^f 
 lemoval of any timber then already cut, or botn; estrepe- 
 which said writ shall be of force until the interests of ment. 
 the parties shall be set out in severalty, or the writs 
 dissolved by the court, or the action or partition in 
 reference to said land finally ended ; and the said writ wnts bow 
 of estrepement shall be obtained by affidavit, and al- obtained, 
 lowed in the same manner and with like proceedings 
 as to its service and dissolution as are now by law al- 
 lowed and authorized in cases of estrepement issuea 
 ponding actions of ejectment for real estate. 
 
 Approved — May 4th, A. D. 1869. 
 
 JOHN W. GEARY. 
 
268 
 
 GAME. FISH, AND FORESTRY LAWS. 
 
 1883, 1*. L. 
 112. 
 
 Timber 
 land to l»t' 
 separately 
 asseesed. 
 
 AN ACT 
 
 Requiring the several assessors of this Cornnion 
 wenlth to make return of timber lands. 
 
 Section ]. Be it enacted, &c.. That it shall be th. 
 duty of the several assessors of this Commonwealth, 
 in their return of real estate to the commissioners 
 of the proper county, at the next triennial assessment. 
 and at each triennial assessment thereafter, to makr 
 return of all the timber land in their proper district 
 by specifying in separate columns, how many acres 
 each tract contains of cleared land, and how many 
 in timber. 
 
 Approved— Tlie 13th day of June, A. D. 188?.. 
 
 ROBERT E. PATTISON. 
 
 AN AOT 
 
 1891. 
 170. 
 
 V. I. 
 
 Owner dam- 
 aged may 
 petition the 
 court 
 
 Court shall 
 appoint 
 three 
 vie^vers. 
 
 Providing for the recovery of damage to trees along 
 the public highways, by telegraph, telephone and 
 electric light companies. 
 
 Section 1. Be it enacted, Sec, That from and 
 after the passage of this act, it shall be lawful when- 
 ever any telegraph, telephone or electric light com- 
 pany shall have erected its poles and lines along any 
 turnpike, public road, street, lane, alley or highway 
 in this Commonwealth, for the owner or owners of 
 land adjoining said turnpike or public road who may 
 claim to be damaged by the erection or maintenanco 
 of said lines by reason of the cutting of trees, whether 
 planted in said turnpike, public road, street, lane, 
 alley, or highway, or on enclosed or unenclosed land 
 adjoining the same, to petition the court of common 
 pleas of the county in which said damage shall be 
 alleged to have been committed, whereupon the said 
 court shall appoint three impartial men, citizens of 
 the county in which said damages shall be alleged, as 
 viewers, who shall, after having been duly sworn 
 or affirmed to the faithful performance of their duties. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 :i69 
 
 assess the damages done, if any, to the petitioner, 
 and shall report the same to the court, at the first 
 week of the next regular term thereof after the said 
 .ippointment, which report shall, upon its presenta- 
 t ion as aforesaid, be confirmed nisi ; and if no appeal 
 1)0 entered to the same on or before ten days from 
 tlio Saturday of the week in which the same is pre- 
 sented, it shall then be confirmed absolutely and judg- 
 ment entered by the prothonotary of the said court 
 iil)on the game against the said company. 
 
 Section 2. The compensation of the viewers pro- 
 \ided for by the first section of this act shall be 
 the same as is now provided for road viewers, and 
 shall be paid by the defendant company, where dam- 
 :iges are awarded, otherwise by the petitioner: Pro- 
 sided, That the provisions of this act shall not apply 
 to the police patrol or fire department telegraph 
 lines. 
 
 Section 3. All laws in so far as they conflict with 
 this act are hereby repealed. 
 
 Approved— The 2H day of June, A. D. 1891. 
 
 Viewers' 
 report. 
 
 When con- 
 ttrmatiou 
 ^hall become 
 absolute. 
 
 Shall not 
 apply to 
 police or Are 
 department 
 telegraph 
 lines. 
 
 ROBERT E. PATTISON. 
 
 AN ACT 
 
 Authorizing the purchase by tlie Commonwealth of i897, p. L. 
 unseated lands for the nr)n-payment of taxes for the 9. 
 V purpose of creating a State Forest Reservation. 
 
 Section 1. lie it enacted. &c., That from and after 
 the first day of January, A. D. one thousand eight 
 hundred and ninety-eight, whenever any unseated 
 lands within this Commonwealth shall, under exist- 
 ing laws, become liable to sale by the respective 
 county treasurer or the county commissioners for non- 
 I)ayment of taxes, it shall be the duty of such treas- 
 urers and commissioners to publish at least once a 
 week for six successive weeks in at least two news- 
 papers of general circulation within the county in 
 which the said lands lie, and if two newspapers be 
 not published in said cdunty, then in one newspaper 
 in or nearest to the same, which notice shall contain 
 the names of the owners when known, the warrant 
 
 When act 
 shall go 
 into effect. 
 
 Duties of 
 county 
 treasurers 
 and commiB- 
 sioners. 
 
 Public no- 
 tice to be 
 given in two 
 newspapers. 
 Contents of 
 notice. 
 
270 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Notices to 
 be sent to 
 Commis- 
 sioner of 
 Forestry. 
 
 Duty of 
 
 Commis- 
 sioner of 
 Forestry. 
 
 May pur- 
 chase lands 
 for Com- 
 monwealth. 
 
 Proriso. 
 
 How pay- 
 ment shall 
 he made. 
 
 numbers, name.s of warrantees when known, the nuni 
 ber of acres contained in each tract, the township Iti 
 which the same is located, and the sums due upon 
 each tract for taxes and further to mail to the Secre- 
 tary of Agriculture and the Commissioner of Forestry 
 each, ten copies of such printed advertisement im- 
 mediately upon publication thereof. 
 
 Section 2. It shall be the duty of the Commissioner 
 of Forestry to inquire into and examine the location 
 and character of unseated lands advertised by the re 
 spective county treasurers and the county commis- 
 sioners of this Commonwealth for sale for the non- 
 payment of taxes, and if in his judgment the same 
 are so located and are of such a character as to make 
 them desirable for the Commonwealth for the purpo.se 
 of creating and maintaining a Forestry Reservation, 
 he shall have power at his discretion to purchase any 
 such lands for and in behalf of the Commonwealth nt 
 such tax sales, subject to the right of redemption 
 under existing laws : Provided however, That th^ 
 bid made and the price paid for said lands, shall in 
 no case exceed the amount of taxes for the non-pay- 
 ment of which the same are being sold, and the costs. 
 For all purchases so made in behalf of the Common- 
 wealth, the Auditor General shall draw his warrant 
 upon the State Treasurer to the order of the county 
 treasurer, upon certificate filed by the Commissioner 
 of Forestry with the said Auditor General : Pro- 
 vided further, That the Commissioner of Forestry 
 shall have power to purchase unseated lands other 
 than such as are advertised for sale for the non-pay- 
 ment of taxes, upon such terms and conditions as may 
 be agreed upon with the owners of such lands : Pro- 
 vided, That such purchase shall be approved by the 
 Governor and the Board of Property, consisting of 
 the Attorney General, Secretary of the Commonwealth 
 and Secretary of Internal Affairs. And provided fur- 
 ther. That in no case shall the price paid for such 
 unseated land exceed the assessed value of the same. 
 For all purchases so made in behalf of the Common- 
 wealth the Auditor General shall draw his warrant 
 upon the State Treasurer to the order of the grantor, 
 upon certificate filed by the Commissioner of Forestry, 
 with approval as .aforesaid : Provided, That in no 
 case shall the amount paid for any tract of land 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 271 
 
 purchased under the provisions of this act exceed the 
 sum of five dollars per acre.* 
 
 Section 3. In the event of redemption of said lands, 
 the redemption money paid shall be remitted to the 
 State Treasurer by the county treasurer with a state- 
 ment describing the tract of land so redeemed. 
 
 Section 4. The title to all lands so purchased, and 
 not redeemed after the expiration of the time limited 
 for the redemption, shall be taken as vested in the 
 Commonwealth to the same extent, and with like 
 effect as though such purchase had been made by 
 an individual at such sale, and the county treasurer 
 shall certify to the Secretary of Agriculture (Com- 
 missioner of Forestry) lists of all lands purchased in 
 behalf of the Commonwealth and not redeemed within 
 the time limited for such redemption, with a desmp- 
 tion of each tract as required by section one of this 
 act, and thereafter such lands shall not be subject to 
 further taxation while the same are owned by the 
 Commonwealth. It shall be the duty of the Secretary 
 of Agriculture (Commissioner of Forestry) to keep a 
 record in a book, to be especially provided for that 
 purpose, of all the lands so acquired by the Common- 
 wealth, with full description of each tract, the char- 
 acter of the same, the date of purchase, the price 
 paid, when the title became absolute, or if redeemed, 
 the date of redemption. 
 
 Section 5. The lands so acquired by the Common- 
 wealth shall be under the control and management 
 of the Department of Agriculture, but assigned to the 
 care of the Division of Forestry, (Department of 
 Forestry) and shall become part of a forestry reser- 
 vation system, having in view the preservation of 
 the water supply at the sources of the rivers of the 
 State, for the protection of the people of the Com- 
 monwealth and their property from destructive floods. 
 
 Section 6. All acts or parts of acts inconsistent 
 herewith are hereby repealed. 
 
 Approved— The 30th day of March, A. D. 1897. 
 
 DANIEL H. HASTINGS. 
 
 (The abore Act, by reason of the abolishment of the Division 
 of Forestry in the Department of Agriculture, and the creation 
 of the Department of Forestry by Act of 25th February, 1901, 
 bag been changed in its application.) 
 
 •Sec. 2, as amended by Act of April 28, 1899, P. L. 98. The 
 limit of purchase price is now increased to ten dollars per acre. 
 
 The method of land purchase is changed by subsequent legis- 
 lation. 
 
 Redemptlt'L 
 of. 
 
 Title shall 
 be Tested Id 
 Common- 
 wealth. 
 
 County 
 treasure ri 
 Bhail certify 
 to Coimmli- 
 ■loner of 
 Fore»try 
 lists of 
 lands not 
 i«deeued. 
 
 Snch lands 
 not subject 
 to farther 
 taxation. 
 
 Record of 
 landg to be 
 kept. 
 
 Contents of 
 record. 
 Lands shal> 
 be Tinder 
 control of 
 Department 
 of Forestry. 
 
 Purpose. 
 
 Repeal 
 
272 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 1897, P. L. 
 1-9 . 
 
 Duty of 
 constables. 
 
 May anesr 
 
 without 
 
 ^varrant. 
 
 Repeal. 
 
 AN ACT 
 
 To authorize eonstables and other peace officers, with 
 out first procuring a warrant, to arrest persons rea- 
 sonably suspected by them of offending against th« 
 laws protecting timber lands. 
 
 Section 1. Be it enacted, &c., That if any person 
 or persons shall be detected by any constable oi 
 other peace officer, in the act of trespassing upon an^ 
 forest or timber land within this Commonwealth, 
 under such circumstances as to warrant the reason- 
 able suspicion that such person or persons have com- 
 mitted, are committing, or are about to commit, somr 
 offanse or offenses against any of the laws now enacted 
 or hereafter to be enacted for the protection of forests 
 and timber land, such constable or peace officer shall 
 liave authority at once, without first procuring a war- 
 rant therefor, to arrest on view such person or per- 
 sons, with like effect as though such warrant had first 
 been procured. 
 
 Section 2. That all acts or parts of acts incon 
 sistent herewith be and the same are hereby repealed. 
 
 Approved— The 29th day of April, A. D. 1897. 
 
 DANIEL H. HASTINGS. 
 
 1897. P. L. 
 295. 
 
 Section 1, 
 act of June 
 2. 1870, 
 edited for 
 amendment. 
 
 AN ACT 
 
 To amend the first section of an act, entitled "An 
 act to protect ^timber lands from fire," approved tlu 
 second day of June, A. D. 1870, providing for a 
 penalty in case of the failure of county commis 
 sioners to comply with the terms of said act, after 
 demand made upon them by the Commissioner of 
 Forestry, and providing for the Commonwealth bear- 
 ing part of the expenses incurred under said act. 
 
 Section 1. Be it enacted, &c., That the first sec- 
 tion of the act, entitled '*An act to protect timber 
 lands from fire," approved the 2d day of June, A. D. 
 1870, which reads as follows : 
 
 "Section 1. That it shall be the duty of the com- 
 missioners of the several counties of this Common- 
 wealth to appoint persons under oath, whose duty 
 it shall be to ferret out and bring to punishment all 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 273 
 
 persons who either wilfully or otherwise cause the 
 burning of timber lands, and to take measures to 
 have such fires extinguished where it can be done 
 the expense thereof to be paid out of the county treas- 
 ury, the unseated land tax to be the first applied to 
 such expenses," shall be and the same is hereby 
 amended to read as follows : 
 
 Section 1. That it shall be the duty of the com- 
 missioners of the several counties of this Common- 
 wealth to appoint pei'sons, under oath, whose duty 
 it shall be to ferret out and bring to punishment all 
 persons or corporations who eitlier wilfuUy or other- 
 wise cause the burning of timber lands within the 
 respective counties, and to take measures to have such 
 fires extinguished where it can be done ; and on failure 
 of the commissioners of any county, after demand 
 made upon them by the Gommisisoner of Forestry of 
 this Commonwealth, to comply with this provision, 
 they shall be deemed guilty of a misdemeanor in office, 
 and upon conviction thereof shall be fined in a sum 
 not exceeding one hundred dollars, or suffer an im- 
 prisonment not exceeding two years or both, at the 
 discretion of the court. The expenses incurred in the 
 (employment of the persons contemplated by this act, 
 on and after the first day of January, A. D. 1898, 
 shall be paid, one-half out of the treasury of the re- 
 spective county, and the remaining half of said ex- 
 pense shall be paid by the State Treasurer upon war- 
 rant from the Auditor General ; but no such warrant 
 shall be drawn until the commissioners of the proper 
 «'Ounty shall have first furnished, under oath or af- 
 firmation, to the Auditor General, a written itemized 
 statement of such expense, and until the same is 
 approved by the Auditor General : Provided, That in 
 no case shall the expense to the Commonwealth grow- 
 ing out of this act exceed five hundred dollars for a 
 single county in any one year. 
 
 Approved— The 15th day of July, A. D. 1897. 
 
 DANIEL H. HASTINGS. 
 
 Couutj com- 
 missioners 
 shall appoint 
 persons to 
 institute 
 proceedings, 
 and extin- 
 guish fircB. 
 
 Oommis- 
 sioners fall- 
 ing to com- 
 ply shall be 
 guilty of a 
 misde- 
 meanor. 
 
 PeualtT. 
 
 How ex- 
 penses after 
 January 1, 
 180S. shall t 
 pai 1. 
 
 Itemized 
 statement 
 shall be fur- 
 nished Aud- 
 itor G-eneral. 
 
 18 
 
274 
 
 GAME, FISH, AND FORESTRY EAWS. 
 
 1901. P. L. 
 11 
 
 *ppolDtnit'ut. 
 rera 
 
 i-'owerg. 
 
 Acqnlgltton ol 
 land. 
 
 Control and 
 iCTelopment 
 of Itnde. 
 
 A.8(li8taDt!« 
 
 and emploifs. 
 
 Knleft. 
 
 AN ACT 
 
 To establish a Department of Forestry, to provide 
 for its proper administration, to regulate the ao- 
 quisition of land for the Commonwealth and to pro- 
 vide for the control, protection and maintenance 
 of Forestry Reservations by the Department of 
 Forestry.* 
 
 Section 1. Be it enacted, &c.. That there be and is 
 hereby established a Department of Forestry, to con- 
 sist of a Commissioner of Forestry and four other 
 citizens of th^ Commonwealth, who together shall con- 
 stitute the State Forest Commission ; each of whom 
 shall be ar>pointed and commissioned by the Governor, 
 by aiM' with the advice and consent of the Senate, for 
 tern.y of four years each ; the present Commissioner of 
 Forestry and members of the State Forestry Reserva- 
 tion Commission to serve for the terms for which they 
 have heretofore been appointed and confirmed ; and, 
 thereafter, as new appointments shall be made, for the 
 full term of four years each. The Commissioner of 
 Forestry and the State Forest Commission shall be 
 clothed with all the powers heretofore conferred by 
 law upon the State Forestry Reservation Commission. 
 or which shall hereafter be conferred, with full power, 
 by and with the consent of the Governor, to acquire by 
 purchase or by condemnation proceedings, any suitable 
 lands in any county of the Commonwealth, which, in 
 the judgment of said Commission, the State should 
 possess for the purpose of holding, maintaining, and 
 developing as State forests. The Commission shall 
 havp full power to manage, control, protect, maintain, 
 and develop all lands which may be acquired under the 
 provisions of this act, as well as those which have 
 heretofore been purchased and are now owned and 
 maintained as State forests under existing law. The 
 Commission is also empowered to appoint such scien- 
 tific assistants and other employes as may be necessary 
 and needful for the control, protection, maintenance, 
 and development of the State forests, to fix their 
 compensation, and to establish such rules for the con- 
 trol, management, protection, aand development of the 
 State forests, as in their judgment will conserve the 
 interests of the Commonwealth. The Commission shall 
 
 ♦As amended by Act of July 7th, 1919, P. L. 727. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 276 
 
 render reports of its conduct of the department, and, 
 from time to time, publish the results of forestal in- 
 vestigations, or inquiries into other matters relating to 
 trees, forests, and forestry, as in its judgment will be 
 useful and serviceable. 
 
 Whenever it shall appear that the welfare of the 
 Commonwealth, with reference to reforesting and the 
 betterment of the State forests, with respect to con- 
 trol, management, protection, and development, will 
 be advanced by selling or disposing of any of the tim- 
 ber on the State forests, the Commission is hereby em- 
 powered to sell such timber on terms most advanta- 
 geous to the State ; and the said Commission is hereby 
 empowered to make and execute contracts or leases, 
 in the name of the Commonwealth, for the mining or 
 removal of any valuable minerals that may be found 
 in said State forests, whenever it shall appear to the 
 satisfaction of the Commission that it would be for 
 the best interest of the State to make such disposition 
 of said minerals : Provided, The proposed contracts 
 or leases shall have been advertised once a week for 
 three weeks, in at least two newspapers published 
 nearest the locality indicated, in advance of said con- 
 tract or lease. Said contracts or leases may then be 
 awarded to the highest and best bidder, who shall give 
 bond for the proper performance of the contract, as 
 the Commission shall designate. , 
 
 Section 2. (Supplied by Act of May 5, 1911, P. L. 
 163, which see infra p. 302). 
 
 Section 3.* That the Commissioner of Forestry 
 shall be the president and executive officer of the For- 
 estry Reservation Commission, and also Superintend- 
 ent of the State Forestry Reservations, and shall have 
 immediate control and management, under the direc- 
 tion of the Forestry Reservation Commission, of all 
 forest lands already acquired or which may hereafter 
 be acquired by the Commonweaalth, but the power so 
 conferred upon said Commissioner of Forestry shall 
 not extend to the enforcement of the laws relating to 
 public health or the protection of fish and game. It 
 shall be the dut^'^ of the Commissioner of Forestry to 
 encourage and promote the development of forestry, 
 and to obtain and publish information respecting the 
 extent and condition of forest lands in the State, and 
 to execute all rules and regulations adopted by the 
 
 *The State Forestry Reservation Commission is now Tlie 
 State Forest Commission. Tlie forestry reservations are nove 
 the State Forests. See Act July 7th, 1919, P. L. 727. 
 
 Reports. 
 
 Investiga- 
 tions. 
 
 Sale of tini 
 ber on States 
 
 forests. 
 
 Contracts oi 
 leases for the 
 removal of 
 minerals. 
 
 Advertise- 
 ments 
 
 Awarding of 
 contracts or 
 leases. 
 
 Commis- 
 sion 'r of 
 Forestry to 
 be President 
 of Commis- 
 sion, etc. 
 
 Duties of 
 Commis- 
 sioner. 
 
276 
 
 (5AME, FISH, AND FORESTRY LAWS. 
 
 May emiiloy 
 detectives. 
 
 I'roviso. 
 
 Office to 
 be proviileil 
 and fur- 
 nished. 
 
 I'lirchase 
 money for 
 lands ; how 
 to he paid. 
 
 Title of 
 lands nc- 
 HUired to lie 
 in Common- 
 wealth. 
 
 Lands not to 
 be subject 
 to warrant, 
 survey and 
 patent, and 
 to be 
 
 exempt from 
 taxation. 
 
 Forestry Reservation Commission for the enforcement 
 of all laws designated for the protection of forests 
 fr<>m tire and depredation ; and he is hereby em- 
 l)Owered to employ such detective service and such 
 legal or other services as may be necessary for the 
 protection of the forestry reservations owned by the 
 ( kmimonwealth and for the apprehension and punish- 
 tnent of persons who may violate any of the forestry 
 reservation laws or any of the rules and regulations, 
 which, under the powers herein given, may be 
 adopted by the Forestry Reservation Commission : 
 Provided. That tlie services so employed and the ex- 
 penses that may thereby be incurred shall be approved 
 by said Forestry Reservation Commission and the 
 (iovernor of the Commonwealth. 
 
 Section 4. (This section relates to the compensa- 
 tion of the Commissioner of Forestry and of the Dep- 
 uty Commissioner of Forestry.) 
 
 Section 5. The Commissioner of Forestry shall have 
 an ofhce at the State Capitol, and it shall be the 
 duty of the Board of Commissioners of Public Grounds 
 and Buildings to provide, from time to time, the nec- 
 tissary rooms, furniture, apparatus and supplies for 
 the use of the Department of Forestry created under 
 the provisions of this act. 
 
 Section 6. (Obsolete.) 
 
 Section 7. The purchase money for lands acquired 
 and all expenses that may be incurred, except the 
 salaries of the Commissioner of Forestry and his 
 clerk, shall be naid by the State Treasurer out of 
 any moneys in the Treasury not othei*wise appropri- 
 ated, on warrant of the Auditor General, upon 
 vouchers duly approved by resolution of the Forestry 
 Reservation Commission and the Governor of the Com- 
 monwealth. 
 
 Section 8. The title of all lauds acquired by the 
 Commonwealth for forestry reservations shall be taken 
 in the name of the Commonwealth and shall be held 
 by the Commissioner of Forestry, and such lands shaU 
 not be subject to warrant, survey or patent, under 
 the laws of the Commonwealth authorizing the con- 
 veyance of vacant or unappropriated lands, and all 
 such forestry reservation lands shall be exempt from 
 taxation from the time of their acquisition. In all 
 cases where lands have been purchased, or may here- 
 after be purchased by the Forestry Reservation Com- 
 mission for forest reservations, where there are pub- 
 lic roads, n-gularly cstablislied. innning into or 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 277 
 
 through said land, the Commissiouer of Forestry, 
 under such rules and regulations as the Forestry 
 Reservation Commission is hereby authorized to adopt, 
 may expend a sum not exceeding twenty-five dollars 
 per mile in each year for the maintenance, repair 
 of extension of any such roads, and on roads bordering 
 on reservations one-half of this rate per mile may be 
 expended. All expenses that may thus be incurred 
 shall be subject to the approval of the Forestry Reser- 
 vation Commission and the Governor of the Com- 
 monwealth, and shall be paid in the same manner as 
 other expenses are provided for in this act. 
 
 Section 9. The Commisioner of Forestry shall re- 
 ceive the moneys to which the State may be entitled 
 by virtue of the sale of any timber, or by virtue of 
 any leases or contracts relating to the disposition of 
 minerals, as hereinbefore provided, and he shall im- 
 mediately pay the same over to the State Treasurer 
 as a part of the revenue of the Commonwealth. The 
 said Commissioner of Forestry shall give his bond to 
 the Common v.-'-nlth, with two sureties, to be approved 
 by the Governor, in the sum of ten thousand dollars, 
 for the faithful discharge of the duties imposed by this 
 act and for the proper accounting of any moneys to 
 the Commonwealth that may come into the hands 
 by virtue of his position as Commissioner of Forestry. 
 
 Section 10. (Repeal.) 
 
 Approved— The 25th day of February, A. D. 1901. 
 
 WILLIAM A STONE. 
 
 May expend 
 money for 
 public roads. 
 
 Expenses 
 subject to 
 approTal. 
 
 Disposition 
 of money 
 received. 
 
 CoiJiinis- 
 sioner of 
 Forestry 
 shall give 
 bond of 
 $10,000. 
 
 Since the passage of tlie Act of April 5, 1905, P. L. Ill, 
 making a fixed charge of 2 cents per acre for road purposes 
 against State lands held for forest reserves, the above privi- 
 lege under Sec. 8 has not been exercised by the Department. 
 These sections (7, 8) have also been modified by subsequent 
 legislation. See Acts of April 18 and July 7, 1819. P. L. 78 
 and 727. 
 
•J78 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 1901, P. L. 
 
 n9. 
 
 vVhen the 
 ('ommip- 
 sioner of 
 Forestry 
 may appoint 
 detectives 
 and employ 
 attorneys. 
 
 Expenses 
 Incurred. 
 
 Pines 
 collected. 
 
 When pay- 
 ment to 
 county -com- 
 missioners 
 may be re- 
 fused . 
 
 AN ACT 
 
 For the better protection of timber lands against fire,. 
 and providing for the expenses of the same, and 
 directing what shall be done with the fines collected 
 and costs paid. 
 
 Section 1. Be it enacted, «S:c., That when the com- 
 missioners of any county or counties fail to "appoint 
 persons under oath, whose duty it shall be to ferret 
 out and bring to punishment all persons or corpora- 
 tions who either wilfully or otherwise cause the burn- 
 ing of timber lands," within their respective counties, 
 as is provided for by the act of July 15th, 1897, or 
 when they have appointed inefficient persons to do 
 the v^ork aforesaid ; the Commissioner of Forestry 
 may, on the request of residents of a county in which 
 such fires have been created, or on the request of 
 the owner or owners of land which has been injured 
 by the fires so created, appoint a detective or detec- 
 tives, and employ an attorney or attorneys, to ferret 
 out and bring to punishment, as aforesaid, those who 
 cause the buring of timber lands ; and all expenses 
 incurred by the Commissioner of Forestry under the 
 operation of this act shall be paid by the State Treas- 
 urer, on warrant drawn by the Auditor General, if 
 the said bills shall be approved by the Governor and 
 the Commissioner of Forestry ; and all the fines col- 
 lected shall be paid by the magistrate or by order of 
 the court to the Commisisoner of Forestry, and bf- 
 paid by him to the Treasurer of the Commonwealth, 
 
 Section 2. When conviction is obtained, under the 
 provisions of this act, of persons or corporations caus- 
 ing the burning of timber lands, then the Auditor 
 General, on the request of the Commissioner of 
 Forestry, may refuse to pay the State's share of the 
 money due to the county for the services of the per- 
 son or persons, appointed by the county commis- 
 sioners, to ferret out and bring to punishment those 
 who caused forest fires in the district where such 
 persons served as fire detectives, to make arrests and 
 secure convictions, and for which conviction was ob- 
 tained by the detectives appointed by the Commis- 
 sioner of Forestry. 
 
 Approved— The 2d day of May, A. D. 1901. 
 
 WILLIAM A. STONE. 
 
GAME. FISH. AND FORESTRY LAWS. 
 
 27» 
 
 AN ACT 
 
 Authorizing boroughs of this Commonwealth to re- 
 quire the planting of shade-trees along the public 
 streets thereof, by tlie owners of abutting property, 
 in certain cases. 
 
 Section 1. Be it enacted, &c.. That the burgess 
 ;iud council of any borough of this Commonwealth, 
 upon the petition of a majority of the property owners 
 ui)on any public street thereof, may by ordinance 
 require the planting and replanting of suitable shade- 
 trees along and upon either side of any such street, 
 upon such alignment and at such points as may by 
 such ordinance be designated, by the owner or owners 
 of property abutting the street at the points desig- 
 nated ; and on failure of any such owner or owners 
 after reasonable notice to comply with the terms of 
 any such ordinances, the said authorities may caus(^ 
 such trees to be planted or replanted at the expense 
 of the borough ; and thereupon, in the name of the 
 borough, collect such expense from the owner or 
 owners in default, as debts of like amount are by 
 law collectible: Provided, That the said authorities 
 shall not require the planting or replanting of trees 
 at any point or points which may interfere with the 
 necessary or reasonable use of any street or abutting 
 property, or interfere unreasonably with any business 
 t hereon conducted. 
 
 .\pproved— The 17th day of June, A. D. 1901. 
 
 WILLIAM A. STONE. 
 
 1901. 
 560 
 
 P L 
 
 Boroaghi 
 mar reqalw 
 the plantlfif 
 of Bhade 
 trees by 
 abutUn* 
 owDeri 
 
280 (;AMK. I'MSJT. AND FOKlOS'l'K Y LAWS. 
 
 AN ACT 
 
 To (Mioouragc the planting of trees along tlic roaflsifl<'s 
 of tliis Commonwealth, and providing a penalty for 
 killing, removing or injuring the same ; what dis- 
 position is to be made of moneys collected as penal- 
 ties, and for keeping a record by the supervisor of 
 roads or boards of supervisors of roads of the trees 
 so planted and upon which a tax abatcm<nt has 
 been granted. 
 
 NOTE. — With the possible exoeTituiti rif a portion of sertjon 
 5. this act is rendered Inoperative ))y the decision in Tubbs 
 V. Tioga, 32 C C. 5C4, and subsequent legislation. See pages 
 hereinafter. 
 
 Negligence, Section 5. Any person who shall cut down, kill 
 
 etc. or injure any living tree, planted or growing natu- 
 
 rally as aforesaid, (that is, by the roadside), or wlm 
 negligently or carelessly suffers a horse or other do- 
 mestic animal, driven by or for him, to injure any 
 trees hereinbefore mentioned, upon conviction thereof 
 •^liall be subject to a penalty of not less than one dol- 
 lar, nor more than five dollars, with costs of suit, 
 for each and every tree so cut down, killed, removed 
 or injured : Provided, That if the defendant or de- 
 fondants neglect or refuse to pay at once the penalty 
 so imposed and costs, or shall not enter sufficient bail 
 
 '^^'i^- for the payment of the same within ten days, he or 
 
 they shall be committed to the common jail of the 
 county in which the offense was committed, for a 
 
 Penalty period of not less than one day for each dollar" of 
 
 penalty imposed and costs. , 
 
 Approved— The 2d day of July. A. D. 1901. 
 
 WTLLTAINT A. STONE. 
 
 ProTleo. 
 
GAME, F18H, AND FORESTRY LAWS. 
 
 281 
 
 AN A(JT 
 
 ('onforring upon persons employed, under existing 
 laws, by the Commisioner of Forestry, for the pro- 
 tecting of State Forestry Reservations, after tak- 
 ing the proper oath of office, the same powers as 
 are by law conferred upon constables and other 
 peace officers : to arrest, without first procuring a 
 warrant, persons reasonably suspected by them of 
 offending- against the laws protecting timber lands : 
 also conferring upon them similar powers for the 
 enforcement of the laws and rules and regulations 
 for the protection of the State Forestry Reserva- 
 tions, and for the protection of the game and fish 
 contained therein ; and further, conferring upon 
 them power to con\oy said offenders into the proper 
 legal custody, for punishment ; this act to apply 
 only to offenses committed upon said reservations 
 and lands adjacent thereto. 
 
 Section 1. Be it enacted, &c., That the persons 
 employed, under existing laws by the Commissioner 
 of Forestry, for the protection of State Forestry 
 Reservations, shall, after taking the proper official 
 oath before the clerk of the court of quarter sessions 
 of any county of the Commonwealth, be vested with 
 the same powers as are by existing laws conferred 
 upon constables and other peace officers ; to arrest on 
 view, without first procuring a warrant therefor, per- 
 sons detected by them in the act of trespassing upon 
 any forest or timber land within this Commonwealth, 
 under such circumstances as to warrant the reason- 
 able suspicion that such person or persons have com- 
 mitted, are committing, or are about to commit, some 
 offense or offenses against any of the laws now enacted 
 or hereafter to be enacted for the protection of forests 
 and timber lands. Such officers shall likewise be 
 vested with similar powers of arrest, in the case of 
 offenses against the laws or the rules and regulations 
 enacted or to be enacted for the protection of the 
 State Forestry Reservation, or for the protection of 
 the fish and game contained therein : Provided, That 
 the above mentioned rules and regulations shall have 
 boen previouslv conspicuously posted upon the rfsci- 
 
 1903. P. L. 
 24. 
 
 Employee of 
 Commis- 
 sioner of 
 
 Forestry. 
 
 !'ow«r8 
 vt^ted in 
 
 Forest uad 
 timber land. 
 
 State Fm- 
 estry Beser- 
 vatiMi. 
 
 Proviso. 
 
282 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 vation. Said officers shall further be empowered, and 
 it shall be their duty immediately upon any such ar- 
 rest, to take and convey the offender or offenders be- 
 fore a justice of the peace or other magistrate having 
 jurisdiction, for hearing and trial, or other due pro- 
 
 HroTiso. cess of law : Provided further. That this act shall 
 
 extend only to the case of offenses committed upon 
 said Forestry Reservations and lands adjacent there- 
 to ; and the powers herein conferred upon said offi- 
 
 I. Imitation. cers shall not be exercised beyond the limits thereof, 
 except where necesary for the purposes of pursuing 
 and arresting such offenders, or of conveying them 
 into the proper legal custody, for punishment as afoi e- 
 said. 
 
 ■^^•■pe*!- Section 2. All acts or parts of acts inconsistent 
 
 herewith be and the same are hereby repealed. 
 
 Approved—The 11th day of March, A. D. 1903. 
 SAMUEL W. PENNYPACKER. 
 
 190S. P. L. 
 200 
 
 Commls- 
 ■loner of 
 Forestry and 
 the Forestry 
 Eeservatlon 
 CommlBSion, 
 empowered 
 to g\re cer- 
 tain prlTl- 
 leges to 
 •treet rail- 
 way com- 
 panies. 
 
 Highways 
 bordering «d 
 (Mr vltfain 
 forest reser- 
 ratloDt. 
 
 AN ACT 
 
 To empower the Commissioner of Forestry and the 
 Forestry Reservation Commission to give street rail- 
 way companies the privilege to construct, maintain 
 and operate their lines of railway over, along and 
 upon public highways within or bordering on forest 
 reservations owned by the Commonwealth. 
 
 Section 1. Be it enacted, &c.. That the Commis- 
 sioner of Forestry and the Forestry Reservation Com- 
 mission are hereby authorized and empowered to give 
 to street railway companies, duly incorporated under 
 the laws of this Commonwealth, upon such terms and 
 subject to such restrictions and regulations as said 
 Commissioner and Commission may deem proper, the 
 privilege to construct, maintain and operate their 
 lines of railway over, along and upon public high- 
 ways now laid out and in actual use, which lie within 
 or border on any forest reservations now owned or 
 hereafter to be acquired by the Commonwealth, when- 
 ever in the judgment of the said Commissioner and 
 Commission the interests of the Commonwealth in the 
 said reservations shall be benefited thereby. 
 
 Approved — The 15th day of April, A. D. 1903. 
 
 SAMUEL W. PENNYPACKER. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 283 
 
 AN ACT 
 
 To limit the amount of money expended each year 
 by the State Forestry Reservation Commission in 
 the purchase of lands for the Commonwealth. 
 
 Section 1. Be it enacted, Sec, That from and after 
 the passage of this act, the amount of money ex- 
 pended by the State Forestry Reservation Commis- 
 sion for the purchase of lands in any one fiscal year, 
 shall not exceed the sum of three hundred thousand 
 dollars : Provided, That contracts heretofore made 
 for the purchase of land by the State Forestry Reser- 
 vation Commission shall not be affected by this act. 
 All proceeds derived from the lands purchased by the 
 said Commission shall be paid into the State Treas- 
 ury, and shall be held as a special fund, and shall 
 be paid bv the State Treasurer to the said Commis- 
 sion, from time to time, upon vearrants drawn by the 
 Commissioner of Forestry and countersigned by the 
 Auditor General, for the purpose of assisting in de- 
 fraying the necessary expenses of protecting and im- 
 proving the said lands, or for the purchase of ad- 
 ditional land. 
 
 Section 2, All acts or parts of acts inconsistent 
 herewith are hereby repealed. 
 
 Approved— The 15th day of April, A. D. 1903. 
 
 SAMUEL W. PENNYPACKER. 
 
 1903, P. L 
 201. 
 
 Forestry 
 Reservation 
 Commission. 
 Limiting 
 amount of 
 money to be 
 expended by. 
 annually. 
 
 Special fund 
 
 Expenditure 
 of. 
 
 Repeal. 
 
 AN ACT 
 
 Directing the Commissioner of • Forestry to erect 
 buildings on the Mont Alto Reservation or to pur- 
 chase land and buildings adjacent to the said reser- 
 vation, wherein to provide instruction in forestry, 
 to prepare forest wardens for the proper care of 
 the State Forestry Reservation lands and making 
 an appropriation therefor. 
 
 Section 1. Be it enacted, &c., That the Commis- 
 sioner of Forestry is hereby directed, under the ad- 
 vice of the State Forestry Reservation Commission, 
 the Mont Alto State Forestry Reservation or to erect 
 buildings on said Reservation, at a cost not to ex- 
 
 1903 
 S73. 
 
 P. L. 
 
 Appropria 
 tion. 
 
284 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 ceod six thousand dollars, and to establish and pro- 
 vide therein and on said Reservation practical in- 
 struction in forestry, to prepare forest wardens for 
 the proper care of the State Forestry Reservation 
 lands ; the said instruction not to cost a sum exceed- 
 ing ten thousand dollars, for the two fiscal years 
 ending June first, one thousand nine hundred and 
 five ; and the sum of sixteen thousand dollars, or so 
 much thereof as may be necessary, is hereby appro- 
 priated, out of moneys not otherwise appropriated for 
 said purposes ; to be paid by warrant drawn by the 
 Auditor General upon resolution of the State Forestry 
 Reservation Commission. 
 
 Approved-Thc 13th day of May. A. D. 1003. 
 
 SAMUEL W. PENNYPACKER. 
 
 1905, P. L. 
 HI. 
 
 rr":iiiilile. 
 
 Forest re- 
 serves. 
 
 Annual 
 
 charge 
 
 against. 
 
 AN ACT* 
 
 Providing a fixed charge on lauds acquired by the 
 State for Forestry Reserves, and the distribution 
 of revenue, so derived, for school and road pur- 
 poses. 
 
 Whereas, The Commonwealth of Pennsylvania is 
 acquiring large tracts of lands, in its several coun- 
 ties, for the purpose of establishing forest rosorva- 
 tions : and 
 
 Whereas, The purchasing of said lands by the 
 Commonwealth makes said lands exempt from taxa- 
 tion ; and 
 
 Whereas, Because of said exemption from taxation, 
 districts in the several counties lose the revenue, se- 
 cured from said pri,or taxation, and works a hardship 
 upon the citizens thereof, by compelling them to make 
 up the loss on school and road-taxes thus brought 
 about : 
 
 Section 1. Be it enacted, &c., That from and after 
 the passage of this act, all lands acquired by th«> 
 Commonwealth for forest reserves, and now exempt 
 from taxation, shall be subject to an annual charge 
 of threp cents per acre, for the benefit of the schools 
 in the respective districts in which said reserve or 
 reserves are located, and two cents per acre, for the 
 
 •See later act relating to charge for schools, page ?W1. 
 
♦ iAME. FISH. AND FORESTRY LAWS. 
 
 286 
 
 beiK'fit of the roads in the townships where said re- 
 8(>rve or reserves are located. 
 
 Section 2. The Commissioner of Forestry shall cer- 
 tify to the respective school districts and townships, 
 throughout the Commonwealth, in which forest re- 
 serves are located, the number of acres owned by th<" 
 CommonMealth in each district or township, upon ap- 
 plication of the treasurer or road supervisors of any 
 of the said disti'icts or townships, and the charge 
 against the same ; and shall, furthermore, certify to 
 rho State Treasurer the number of acres as aforesaid, 
 and tlie charge against the same and in favor of the 
 resi»octive districts and townships. The State Treas- 
 urei- shall, upon the approval of the proper warrants 
 of tlio Commissioner of Forestry, paj" to the several 
 school districts and townships the amounts due the 
 same from the Commonwealth, and derived under tiiis 
 act. upon duo application therefor made by the treas- 
 urers or road supervisors of the said districts and 
 townshiDS. 
 
 Approved— Tho 5th day of April, A. D. 1905. 
 
 SAMUEL W. PENNYPACKER. 
 
 certificate 
 as to num- 
 ber of aoies, 
 etc. 
 
 I'ayiiient to 
 school dis- 
 tricts and 
 townships. 
 
 AN ACT 
 
 To cmpovvei- the Commissioner of Forestry ami the 
 Forestry Reservation Commission to give to bor- 
 oughs and other municipalities the privileges of 
 impounding water on Forest Reservations owned 
 by the Commonwealth, and of constructing, main- 
 taining and operating lines of pipes over and through 
 the samp for the purpose of conveying water there- 
 from. 
 
 Section 1. Be it enacted, &c., That the Commis- 
 sioner of Forestry and the Forestry Reservation Com- 
 mission are hereby authorized and empowered to give 
 to boroughs and other municipalities of this Common- 
 wealth . upon such terms and subject to such restric- 
 tions and regulations as said Commissioner and Com- 
 mission deem proper, the p^i^^lcge of impounding 
 water upon any Forest Reservations ,now owned or 
 hereafter to be acquired by the Commonwealth, and 
 of constructing, maintaining and operating lines of 
 pipes upon and through said reservations, for the pur- 
 
 ino.",, I' 
 ir.G. 
 
 Forestry 
 
 reserra- 
 
 tion. 
 
 Privileges 
 of boroughs 
 and munici- 
 palities. 
 
 Pipe-lines. 
 
^86 
 
 OAME. FISH, AND FORESTRY LAWS. 
 
 pose of conveying water therefrom^ whenever in the 
 judgment of the said Commissioner and Commission 
 it shall be to the public interest so to do. 
 
 Approved— The 14th day of April, A. D. 1905. 
 
 SAMUEL W. PENNYP ACKER. 
 
 L907, P. I.. 
 .S49. 
 
 ^hade trees. 
 
 ^hade-tree 
 (^ommissiun. 
 
 Proviso. 
 
 Existing 
 park -com- 
 missions. 
 
 .Acceptance 
 of this act. 
 
 AN ACT* 
 
 To provide for the planting and care of shade-trees, 
 on highways of townships of the first class, bor- 
 (tughs, and cities of the Commonwealth of Pennsyl- 
 vania, and providing for the cost thereof. 
 
 Section 1, Be it enacted, &c., That in townships 
 of the first class, boroughs, and cities of the Com- 
 monwealth of Pennsylvania there may be appointed, 
 in the manner hereinafter provided a Commission of 
 three freeholders, to be known and designated as the 
 Shade-tree Commission of the said township, borough, 
 or city, who shall serve without compensation, and 
 who shall have exclusive and absolute custody and 
 control of, and power to plant, set out, remove, main- 
 tain, protect, and care for shade tress, on any of the 
 public highways of the said townships, boroughs, and 
 cities, the cost thereof to be provided for in the man- 
 ner hereinafter stated : Provided, That in townships, 
 boroughs, or cities in which a Commission for the 
 care of public parks shall have been created, said Com- 
 mission shall, upon the acceptance of this act as pro- 
 vided in section two, be charged with the duties of 
 the Commission as above provided, and shall, for that 
 purpose be possessed of all the powers herein men- 
 tioned and granted. 
 
 Section 2. The commissioners of any township of 
 the first class, or the councils of any borough or city, 
 in the State of Pennsylvania, may, by majority vote 
 in the case of tli*^ commissioners, or by joint resolu- 
 tion in the case of the councils, accept the provisions 
 of this act, and when such majority vote or joint 
 resolution shall have been duly passed and approved, 
 and such Shade-tree Commissioners appointed, or, in 
 their stead, the duties and powers herein provided 
 have been devolved upon an existing park commission, 
 then, from that time and in that event, this act and 
 all its provisions shall be in full force and application 
 
 *ThlB act has been modified bj the new borough and cit7 
 •odea. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 287 
 
 in such township of the first class, borough, or city, 
 so accepting ; and such commissioners shall be ap- 
 pointed, for terms of three, four and five years, re- 
 spectively, and, on the expiration of any term, the 
 new appointment shall be for five years, and any 
 vacancies shall be filled for the unexpired term only ; 
 and in townships of the first class the said appoint- 
 ment shall be made by the commissioners thereof; and 
 in boroughs, by the chief burgess, and in cities by the 
 mayor thereof: Provided, That in cities where a 
 Commission exists for the care of public parks, the 
 term and appointment of such Commission shall not 
 be changed by this act, but shall be and remain as 
 provided by the act of Assembly, and by the ordi- 
 nance of councils creating such Commission for the 
 cars and maintenance of public parks. And such 
 Shade-tree Commission shall, twice in every year, 
 report in full its transactions and expenditures for 
 the municipal fiscal year then last ended, to the ou- 
 thority under and by which it was appointed : Pro- 
 vided, That an existing park commission, acting under 
 this enactment, may embody its report in its regular 
 report to the councils, as by law or ordinance pro- 
 vided. 
 
 Section 3. That when such shade-tree commission- 
 ers, or park commissioners so acting, shall propose 
 the setting out or planting or removing of any shade 
 trees, or the material changing of the same in any 
 highway, they shall give public notice of the time and 
 place appointed for the meeting at which such con- 
 templated work is to be considered, specifying in de- 
 tail the highways, or portion thereof, upon which trees 
 are proposed to be planted, removed, or changed, in 
 one or more — not exceeding two in all — of like news- 
 papers published in said township, borough, or city, 
 once each week for at least two weeks, prior to the 
 date of said meeting. 
 
 Section 4, The cost of planting, transplanting, or 
 removing any trees in any highways, and of suitable 
 guards, curbing, or grading for the protection thereof, 
 when necessary, and of the proper replacing of any 
 pavement or sidewalk necessarily disturbed in the 
 doing of such work, shall be borne oy the owner of 
 the real estate in front of which such trees are 
 planted, set out, or removed ; and the cost thereof as 
 to each tract of real estate shall be certified by the 
 commissioner to the township commissioners, or to the 
 presidents of the councils in boroughs and cities, and 
 
 TeitnB of 
 
 commis 
 
 Bionen. 
 
 Appoint- 
 ment!. 
 
 Prorlio 
 
 AiHiaal re- 
 port. 
 
 ProTlio 
 
 Tree-pltnt- 
 ing. etc. 
 
 Kotice shall 
 be pub- 
 lished. 
 
 C<wt of 
 planting, 
 transplant- 
 ing, etc. 
 
 Certificate*. 
 
•J88 
 
 GAME, FISH. AND FORESTRY LAWS. 
 
 Lien 
 
 Cost of fare 
 and paJilina- 
 tion. 
 
 Tax 
 
 Proviso. 
 
 Appropria- 
 tion. 
 
 Superin- 
 tendent, en- 
 gineer, 
 wardens, 
 etc. 
 
 Regulations. 
 
 jilso to the person having charge of the collection of 
 taxes for the said township, borough, or city ; and 
 upon the filing of said certificates, the amount of the 
 eosr of such improvement, of which notice shall also 
 b(! given to each property owner involved, accompanied 
 with a copv of the aforesaid certificate, together with 
 a notice of the time and place for payment, shall be 
 :ind become a lien upon said real estate, in front of 
 which said trees have been planted, set out, or re- 
 moved ; said lien to be collectible, if not paid in ac- 
 cordance with notice as herein provided, in the same 
 manner as other liens for taxes are now collectible 
 against the property involved. 
 
 Section 5. The cost and expense of caring for said 
 trees after having been planted or set out, and the 
 expense of publishing the notices provided for in sec- 
 tion three, shall be borne and paid for by a general 
 tax, to be levied annually in the manner that taxes 
 for township, borough, and city purposes are now 
 levied in such townships of the first class, boroughs, 
 or cities : such tax not to exceed the sum of one-tenth 
 of one mill on the dollar on the assessed valuation of 
 the property in such townships of the first class, bor- 
 oughs, or cities ; and the needed amount shall each 
 year, in due time, be certified by the shade-tree com- 
 missioners to the proper authorities charged with the 
 assessment of taxes in said townships, boroughs, or 
 eities, to be assessed and paid, as other taxes are as- 
 sessed and paid, and to be drawn against as required 
 by said commissioners, in the same manner as moneys 
 appropriated for township, borough, or city purposes 
 are now drawn against in said townships, boroughs or 
 cities provided that the commissions of any township 
 of the first class and the councils of and borough or 
 city, accepting the provisions of this act, may provide 
 for the expense of the maintenance of trees on high- 
 ways, in accordance with the provisions of this section 
 by actual appropriation, equal to the amount certified 
 to be required by the said Commission, in lieu of the 
 specific assessment above authorized. 
 
 Section 6. The Commission, under which the pro- 
 visions of this act shall be carried out. in any town- 
 ship of the first class, borough, or city, shall have 
 power to employ and pay such superintendents, en- 
 gineers, foresters, tree-wardens, or other assistants, 
 as the proper performance of the duties devolving 
 upon it shall require ; and to make, publish and en- 
 force regulations for the care of, and to prevent in- 
 
GAME. FISH, AND FORESTIiY LA^YS. 28t) 
 
 jury to, the trees on the his^hways of any townships, , 
 borough, or city accepting the provisions of this act ; 
 and to assess suitable fines and penalties for violations pi,,^ a^j 
 of this act, provided such regulations shall have been penalties. 
 published at least twice in one or more, not exceeding 
 two. newspapers of the township, borough, or city, 
 involved, after having been submitted to and being 
 approved by the commissioners of the township of the 
 first class, or the councils of the borough or city 
 affected ; and such fines and penalties, so assessed for 
 violations of this act, shall become liens upon the real Lif.„s. 
 property of the offender, and be collectible by the con- 
 stituted authorities, as liens for taxes upon real prop- 
 erty are now collected. 
 
 Section 7. All the moneys due and collected from Disposition 
 fines or penalties or assessments, in consequence of of fines, 
 the acts of said Shade-tree Commission in enforcing etc. 
 this act, shall be paid to the treasurers of the town- 
 ships, boroughs, and cities accepting its provisions, 
 and shall be placed to the credit of said commission, 
 subject to be drawn upon by the said commission for 
 the purposes of this act. 
 
 Section 8. All acts and parts of acts inconsistent 
 with this act are hereby repealed. 
 
 Section 9. This net shall take effect immediately; Repeal. 
 but its provisions shall not be and become binding 
 upon any townshij), borough, or city until it has been 
 duly accepted, as provided in section two. 
 
 Approved— The 31st day of May, A. D. 1907. 
 
 EDWIN S. STUART. 
 
 1907, P. L. 
 
 AN ACT 
 
 Establishing precautionary regulations to prevent for- 
 est fire : on lands in which oil-wells and gas-wells 
 are situated, and diminish danger therefrom; mak^ 
 ing certain violations thereof misdemeanors, and 
 prescribing punishment for the same, and in other 
 casen affixing penalties and declaring liabilities for 
 
 damages. Forest fires. 
 
 Scrdonl. Be it enacted, &c., That fallows, stumps, to^m^^^S 
 
 log.?, brush, dry grass, fallen timber, or tree-tops shall Lands upon 
 
 not be burned in any forest lands of this Common- which are 
 
 w. -1th, in which they are producing oil-wells or gas- ^^JnT^ ^^^ 
 19 
 
290 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 "nen tires 
 .any not be 
 -turted. 
 
 \\'hen fires 
 n)!iy be 
 started. 
 
 Conditions. 
 
 Violations 
 
 Misde- 
 meanor. 
 
 Fine. 
 
 Commit- 
 ment. 
 
 Proviso. 
 
 Appeal. 
 
 Bail. 
 
 .\nnual 
 clearance of 
 lands of in- 
 flammable 
 material. 
 
 wells, or rigs erected for drilling such wells, from the 
 first day of April in each year to the twentieth day of 
 May next ensuing, nor from the tenth day of Septem- 
 ber in each year to the tenth day of November, ensu- 
 ing. Excepting during the peridos aforesaid, fires may 
 be set in lands upon the following conditions : First, 
 that written permission thereto, to the fire-warden of 
 the proper township, shall first be obtained ; second, 
 said fire-warden shall be personally present when such 
 fire is started ; third, such fire shall not be started 
 during a strong wind, nor without sufficient help to 
 control the same at all times ; fourth, such fire shall 
 be watched and guarded, by the person by whom it is 
 started, until it is extinguished. No fires shall be set, 
 or allowed to burn, in gaid lands, excepting upon com- 
 l)liance with the conditions aforesaid. Any person 
 violating any provisions of this section shall be deemed 
 guilty of a misdemeanor ; and, upon being convicted- 
 ihereof before any alderman or magistrate, shall be 
 fined by the said alderman or magistrate, — for the 
 first offense, in the sum not less than ten dollars or 
 more than twenty dollars, and for the second, and 
 every subsequent offense, in the sum not less than 
 twenty nor exceeding one hundred dollars, to be paid 
 to the county wherein such offense may be committed : 
 and if said fine or penalty and the costs of the ■ pro- 
 ceedings be not paid, then said alderman or magis- 
 trate shall commit said offender to the county jail, 
 there to remain until discharged by due course of law : 
 Provided, That when the fine imposed exceeds the sum 
 of twenty dollars, the party complained against may 
 appeal from the decision of said alderman or magis- 
 trate to the court of quarter sessions, upon his enter- 
 ing bail, in the nature of a recognizance, in the usual 
 manner, for his appearance at said court, where the 
 offense shall be prosecuted in the same manner as is 
 now directed by law in other cases of misdemeanor. 
 Section 2. Any owner or lessee of any forest lands, 
 or owner of trees growing upon said lands, or any 
 person in charge of the premises upon which lands 
 there are producing oil-wells or gas-wells, or rigs 
 erected for drilling such wells, shall, at least once in 
 each year, cause to be removed from said lands all 
 brush, tree-tops and branches of trees, which such 
 owner, lessee, or other person in charge of the 
 premises, may have cut or felled thereon, within one 
 hundred feet, respectively, of all such wells or rigs ; 
 and shall, at least once in the year, cause to be re- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 291 
 
 moved from said land all grass, brush, tree-tops, and 
 branches of trees, and other inflammable material, 
 within one hundred feet of the right of way of any 
 railroad company operating thereon ; to the end that 
 (luring the spring and autumn season, as defined in 
 the first section of this act, the said area shall be 
 free and clear of such inflammable material. In case 
 any person, partnership, or corporation shall neglect 
 to perform the duty imposed by this section, the same 
 shall be liable to a penalty of fifty dollars for failure, 
 in any instance, to comply with the duty imposed by 
 this section ; to be paid to the county where the offense 
 may be committed, recoverable in an action of as- 
 sumpsit, in which the county wherein such violation 
 occur shall be the plaintiff. 
 
 Section 3. Every railroad company shall, on such 
 part of its road as passes through forest land on 
 which there are producing oil-wells or gas wells, or 
 rigs erected for drilling such wells, cut and remove 
 from its right of way through said lands, at least 
 once a year, all grass, brush and other inflammable 
 materials ; employing, in the seasons defined in the 
 first section of this act, sufficient trackmen to prompt- 
 ly put out fires on its right of way ; provide locomo- 
 tives thereon with steel netting or iron wire on the 
 smokestacks or other efficient spark-arresters, to pre- 
 vent the escape of fire or sparks, and adequate de- 
 vices to prevent the escape of fire from ash-pans and 
 furnaces, and the same shall be used by every engi- 
 neer and fireman on such part of its road. No rail- 
 road company, or employe thereof, shall deposit tire, 
 coals or ashes on its track or right of way near such 
 lands. In case of fire on its own or neighboring lands, 
 within one hundred feet of its tracks, the railroad 
 company shall use all practicable means to put it out. 
 In case of any violation of the provisions of this sec- 
 tion, such railroad company shall be answerable to 
 the owner or owners of any property destroyed or in- 
 jured by fire in consequence of such violation ; and 
 said company shall further be liable to a penalty of 
 one hundred dollars for such violation, to be paid to 
 the county wherein the violation may occur, recover- 
 able in an action of assumpsit in which the county 
 wherein such violation occurs shall be the plaintiff. 
 
 - Ap]iroved~ The 12th day of June, A. D. 1907. 
 
 Dutieg of 
 
 railroad 
 
 companle«. 
 
 Spark ar- 
 reaterg. 
 
 Fires. 
 
 Violations. 
 
 Penalty. 
 
 EDWIN S. STUART. 
 
292 
 
 GAME, FISH, AND FORES'l'IiV LAWS. 
 
 1909, P. L. 
 97. 
 
 Trees within 
 
 highway 
 
 limits. 
 
 Forested or 
 nnciiltl rated, 
 lands. 
 
 Beyond fif- 
 teen feet 
 from center 
 line of road. 
 
 Consent of 
 
 abutting 
 
 owner. 
 
 Appeal. 
 
 Hearing. 
 Order. 
 
 ProTlio. 
 Brush, etc. 
 
 ProTlso. 
 
 . AN ACT 
 
 To protect trees growing by the roadsides and within 
 the road limits ; and providing a penalty for the 
 unlawful killing, the removal of, or injury to the 
 same. 
 
 Section 1. Be it enacted, «Slc., That where any 
 public highway in this Commonwealth passes through 
 or along forested lands, wild lands, or uncultivated 
 lands, no trees growing within the limits of the said 
 highway, at a distance beyond fifteen feet on either 
 side of the center-line of said highway, which shall 
 measure four inches or over in diameter at a point 
 two feet from the surface of the ground, shall be cut 
 down or destroyed by the commissioners, supervisors, 
 or road-masters employed by them, or any other per- 
 son, without first obtaining the consent of the abutting 
 owners. If any board of commissioners or super- 
 visors deem the removal of any such trees, beyond 
 said limit of fifteen feet on each side of the centre- 
 line of said highway, necessary for the improvement 
 of the road, and the consent of the abutting property 
 owners cannot be obtained, the board of commissioners 
 or supervisors may appeal the matter to the judge of 
 the court of the proper district ; who is hereby directed 
 to examine and inquire into all such subjects of dis- 
 pute which may be referred to him, and, having due 
 regard for the demand of road improvement as well 
 as for the preservation of the trees, shall , after hear- 
 ing all parties in interest, make such order in respect 
 thereof as to him shall appear reasonable, equitable, 
 and just ; and from whose decision there shall be no 
 appeal : Provided, That the commissioners or super- 
 visors shall at all times have the right to clear out 
 brush and other refuse from along the sides of the 
 road, to the legal width thereof ; And provided further. 
 That all such clearing and removel of brush and refuse 
 shall be confined to growth that is under the limit 
 hereinabove described, and to the removal of branches 
 that in any way interfere with public travel ; and that 
 no other injury, by fire, cutting, abrasion, or otherwise, 
 shall be done to the standing timber. 
 
GAME, Fi«H, AND FORESTRY LAWS. 
 
 291 
 
 Section 2. Whenever any public highway running 
 through improved or cultviated lands, in this Common- 
 wealth, has been opened, and there shall be growing 
 along the roadsides, and within the road limits, shrubs 
 or trees not interfering with public travel, no board 
 of supervisors or road-masters or other persons in 
 their employ, shall remove, cut, injure, or destroy or 
 in any other manner interfere with, such shrubs or 
 trees, unless said removal or cutting shall be abso- 
 lutely necessary for the purpose of maintaining the 
 highway at its best and highest efficiency ; and, then, 
 not until the abutting property owners shall have re- 
 ceived notice thereof, and an agreement shall have 
 been entered into between the local highway authori- 
 ties and the abutting property owners relating to the 
 removal, cutting, or interference with said trees. If 
 the said parties shall be unable to arrive at an agree- 
 ment in respect thereto, the same shall be referred 
 to a judge of the proper court, as aforesaid. Said 
 judge shall examine and inquire into the subject of 
 controversy, and, in like manner, render liis decision, 
 as provided for in section one of this act ; and from 
 which decision there shall be no appeal. 
 
 Section 3. All logs, cordwood, branch wood, or 
 other forms of wood, which shall be derived from the 
 destruction or removal of any trees growing along the 
 public highways of this Commonwealth, as aforesaid, 
 shall be surrendered to, and remain the property of, 
 the respective abutting owners. 
 
 Section 4. Nothing in this act shall be so construed 
 us to prevent the local highway authorities, anywhere 
 in this Commonwealth, from removing such roadside 
 trees which may be thrown down by the wind, or 
 lodged in such position as to bo a menace to public 
 travel, or which, by reason of any other cause, become 
 a source of danger to the public and ought to be 
 romoved ; but everv such act of removal on the part 
 of the highway authorities shall always be made with 
 due regard to the circumstances in such case, so as 
 to preserve the true intent and purpose of this act. 
 
 Section 5. The term ''highway authorities" in this 
 net shall be construed to mean any person who, by 
 law shall be vested with the power to deal in any 
 mannor with the public highways of this Common- 
 wealth, and shall include the officials of the State 
 Highway Department, supervisors, road-masters, and 
 all persons employed by them in any capacity, or who 
 f'xrroise any nuthority ovor said roads or highways. 
 
 Cultivated 
 lands. 
 
 Cutting 
 sliall be nec- 
 essary. 
 
 Notice to 
 
 abutting 
 
 ov/nerg. 
 
 Appeal. 
 Decisloa. 
 
 Logs, cord- 
 wood, etc. 
 
 WindfalU, 
 etc. 
 
 Menace to 
 travel. 
 
 "Highway 
 
 authorltlei' 
 
 construed. 
 
294 
 
 viola tlone. 
 
 MlBde- 
 aeanor. 
 
 fine. 
 
 ■earing. 
 
 Ooaunlt- 
 ■ent. 
 
 ■•peal. 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Sfiction 6. If any commissioner, supervisor, road- 
 master, or person in their employ, or any other per- 
 son, shall cut down, kill, or injure any living tree, 
 growing as aforesaid, and of a size four inches in 
 diameter, or greater, at a point two feet from the sur- 
 face of the ground, or shall violate any other provi- 
 sion of this act, he shall be guilty of a misdemeanor, 
 and, upon conviction tluioof, shall be subject to a 
 penalty of not more than five dollars for every tree 
 so cut, injured, or destroyed, with costs of suit; to be 
 recovered in afi appropriate action to be brought be- 
 fore any magistrate, alderman, or justice of the peace 
 of the county wherein the said offense was committed, 
 who. upon affidavit of any person, duly presented, is 
 hereby authorized and directed to issue his warrant 
 to any person empowered to make arrests, directing 
 him to arrest the person so charged. The said magis- 
 trate, alderman, or justice of the peace shall, there- 
 upon, proceed to hear both the complainant and the 
 defendant and their witnesses, and shall forthwith de- 
 cide as to him shall appear to be just and right. If 
 any defendant upon conviction for any offense shall 
 fail or refuse to pay the fine and costs which may 
 be imposed upon him, or shall not give bond with 
 approved surety to pay the same within ten days, 
 he shall be committed to the jail of the county wherein 
 the offense was committed, there to remain for a 
 period not to exceed thirty days, or until he shall, 
 in the meantime, have paid the said fine and costs 
 in full. 
 
 Section 7. All acts or parts of acts in conflict here- 
 with be and the same are hereby repealed. 
 
 Approved— The 1st day of April, A. D. 1909. 
 
 EDWIN S. STUART. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 295 
 
 AN ACT 
 
 To permit the acquisition of forest or other suitable 
 lands by municipalities for the purpose of estab- 
 lishing municipal forests ; and providing for the 
 administration, maintenance, protection, and devel- 
 opment of such forests. 
 
 Whereas, It has been demonstrated by time and ex- 
 perience in the countries of continental Europe that 
 properly managed municipal forests have proved to be 
 important sources of municipal revenue, tending 
 greatly to reduce the burden of municipal taxation ; 
 and 
 
 Whereas, Many of the townships, boroughs, and 
 cities of this Commonwealth are so located that it 
 would be proper and expedient for them to possess 
 tracts of land to be used for the purposes of municipal 
 forests, in many instances conserving and protecting 
 the water supply and promoting the healthfulness of 
 said municipality, and capable, as well, as yielding 
 revenue applicable to the purposes of such municipali- 
 ties ; therefore : — 
 
 Section 1. Be it enacted, &c., That all townships 
 of the first class, boroughs, and cities of this Com- 
 monwealth are hereby empowered to acquire, by pur- 
 chase, gift, or lease, and hold as the property of the 
 municipality, tracts of lands at present covered with 
 forest or tree growth, or suitable for the growth of 
 trees, and to administer the same, under the direction 
 of the Commissioner of Forestry of the Commonwealth 
 of Pennsylvania, in accordance with the practices and 
 principles of scientific forestry, for the benefit and 
 advantage of the said municipalities. Such tracts may 
 be of any size suitable for the purpose, and may be 
 located either within, adjacent to, or at a distance 
 from the corporate limits of the municipality purchas- 
 ing the same : Provided, That it shall be requisite 
 for the commissioners, burgess, or mayor of any mu- 
 nicipality, availing itself of the provisions of this act, 
 to submit to the Commissioner of Forestry, and secure 
 his approval of, the area and location of any lands 
 proposed to be acquired for the purposes of municipal 
 forests, previous to the passage of the ordinance pro- 
 vide! for in section two. 
 
 1D09, r. L 
 124. 
 
 Whereas. 
 
 Whereas. 
 
 Municipal 
 forests. 
 
 Acquire- 
 ment and 
 holdinir of. 
 
 Size and 
 location. 
 
 Proviso. 
 
 Approval of 
 Commis- 
 sioner. 
 
296 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Ordinance. 
 
 Facts and 
 conditions. 
 
 Advertise- 
 ment. 
 
 Appropria- 
 tion. 
 
 Bonds. 
 
 Aoquisitiiiii 
 of forest 
 or land. 
 
 Mules. 
 
 I'ublica- 
 tiou of. 
 
 Mainte- 
 mance, etc. 
 
 Revenues, 
 etc. 
 
 I'arks. 
 
 Mimicipal. 
 Revenue. 
 
 .\lienation. 
 
 Section 2. Whenever the township commissioners 
 of any township of the first class, or the councils of 
 any borough or city, shall deem it expedient for the 
 municipality to acquire any such lands for the pur- 
 poses of a municipal forest, they shall so declare in 
 an ordinance, wherein shall be set forth all facts and 
 conditions relating to the proposed action ; which said 
 proposed ordinance prior to its passage shall be duly 
 advertised once a week for three weeks and after its 
 passage and approval in accordance with existing law. 
 All money necessary for the purchase of such tracts 
 shall be appropriated in like manner as is now done, 
 under existing law, for municipal purposes ; and such 
 funds may be provided out of current revenue, or by 
 the proceeds of a sale of bonds, in accordance with 
 existing law. 
 
 Section 3. Upon the acquisition of any municipal 
 forests or of lands suitable for such, under this act. 
 the proper authorities shall notify the Commissioner 
 of Forestry, who shall make such rules for the govern- 
 ment and proper administartion of the same as may 
 be necessary. The municipal authorities shall there- 
 upon publish such rules, declare the uses of the forests 
 in accord with the true intent of this act, and make 
 such provision for its administration, maintenance, 
 protection, and development as shall be necessary or 
 expedient. 
 
 Section 4. All moneys necessary to be expended, 
 from time to time, for the administration, mainten- 
 ance, protection, and development of said forest, shall 
 be appropriated and applied as is now done, under 
 existing law, for municipal purposes ; and all revenue 
 and emoluments arising from said forest shall be paid 
 into the municipal treasurj^ to be used for general 
 municipal purposes. 
 
 Section 5. The municipal forest may be used by 
 the people for general outing or recreation grounds, 
 subject to the rules governing its administration for 
 the purpose of a municipal forest, in which the major 
 idea shall be the sale of forest products for producing 
 a continuing municipal revenue. 
 
 Section 6. The alienation of a municipal forest, or 
 any part thereof, shall be made only in the manner 
 prescribed herein for the purchase of the same ; to 
 wit, by ordinance duly advertised before and after 
 passage, but such ordinance shall not be eifective in 
 
GAME, FISH. AND FORESTRY LAWS. 
 
 297 
 
 legalizing such alienation nntil after it shall have been Popular 
 approved bj' a majority vote of the peo]ile at the next you\ 
 • •nsiiing election. 
 
 Approved— The 22d day of April, A. D. 1909. 
 
 EDWIN S. STUART. 
 
 AN ACT 
 
 Relating to the granting of titles by the Common- 
 wealth of Pennsylvania to vacant or unappropriated 
 land, the price to be paid for the same, the con- 
 veyance to the State Forestry Reservation Commis- 
 sion, where desirable for forest culture or forest 
 preservation, preventing the granting of warrants 
 for the beds of navigable rivers, and providing for 
 acceptance of returns of surveys without limitation 
 as to excess or surplus. 
 
 Section 1. Be it enacted, &c., That whenever an 
 application shall be made to the Secretary of Internal 
 Affairs for any vacant or unappropriated land, of any 
 kind or description whatsoever, it shall be the duty 
 of the Secretary of Internal Affairs to make or cause 
 to be made a careful investigation concerning the land 
 applied for in said application, with a view of de- 
 termining, so far as practicable, whether any office 
 rights have heretofore been granted for the land de- 
 scribed in said application ; and he may also, at his 
 discretion, cause a survey to be made thereof, to as- 
 certain whether such land is vacant or unappropri- 
 ated and if it shall be found that the land described 
 in said application lias heretofore been appropriated, 
 or that it is not vacant or unappropriated land, he 
 shall make a report to that effect, which report, to- 
 gether with others relating to the proceedings in the 
 case, shall be filed among the records of the Land 
 Office, and shall be conclusive as to the question of 
 vacancy : Provided, however, That the applicant shall 
 be entitled to an appeal to the Board of Property 
 under such rules as said Board of Property may adopt. 
 
 If, in the opinion of the Secretary of Internal 
 Affairs, the land applied for shall be vacant or unap- 
 propriated, it shall be tlie duty of the Governor of 
 the Commonwealth, the Attorney General, the Secre- 
 tary of the Commonwealth, and the Secretary of In- 
 
 1909. i' L 
 413. 
 
 Laiid.s, VH 
 cant 01' 111) 
 appropri- 
 ated. 
 
 Duty of 
 Secretary of 
 Internal 
 Affairs. 
 
 Survey. 
 Report. 
 
 ProTiso. 
 Appeal. 
 
 Appraisers. 
 
298 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 ValuarioD 
 
 Certificate 
 of value. 
 
 In case of 
 refusal or 
 Qeglect. 
 
 Other ap- 
 praiserg. 
 
 Report. 
 
 Request for 
 payment. 
 
 Titles. 
 
 ProviBO. 
 
 State For- 
 estry Reser- 
 vation Com- 
 mission 
 shall have 
 notice. 
 
 ternal Affairs to appoint three disinterested reputable 
 persons to estimate and value the land so applied for 
 who shall, before they enter upon the duties of theii 
 appointment, take an oath or affirmation, before a 
 justice of the peace or other officer having authoritj 
 to administer an oath, that they vv^ill justly estimate 
 and a true valuation per acre make of all the land 
 contained in the tract applied for; and, also, they 
 shall state that they are not directly or indirectly in- 
 terested in the application for the land applied for. 
 
 The persons thus appointed and sworn or affirmed 
 shall proceed to value the land by going on the same, 
 and, having regard to the soil, timber, fisheries, min- 
 erals, other advantages, and the local situation thereof, 
 and, having agreed upon the valuation per acre of the 
 land so applied for, shall certify the same, under their 
 hands, directed to the Secretary of Internal Affairs ; 
 and in case they refuse or neglect to perform any of 
 their duties as aforesaid, within ninety days from the 
 date of their appointment, then said appointment shall 
 become null and void ; and it shall be the duty of the 
 Governor of the Commonwealth, the Attorney General, 
 the Secretary of the Commonwealth, and the Secretary 
 of Internal Affairs to appoint three other persons to 
 estimate the lands, as hereinbefore provided. Upon 
 the receipt of the report of the appraisers, the Secre- 
 tary of Internal Affairs shall notify the applicant of 
 the value given to the land so applied for, and shall 
 request payment of the amount due the State by virtue 
 of such appraisement, and until such payment is made, 
 according to the price fixed by the said appraisers and 
 within the time hereinafter specified, the Secretary of 
 Internal Affairs shall withhold the granting of the 
 warrant. 
 
 If payment is made in accordance with such ap 
 praisement, the money so paid shall be immediately 
 turned into the State Treasury, and the Secretary of 
 Internal Affairs shall grant title to the applicant for 
 the land so applied for and appraised, in the manner 
 now provided by law, and the expenses incident to 
 the investigation, survey, and appraisement shall be 
 paid by the Commonwealth : Provided further, That 
 before appraisers shall be appointed as herein stipu- 
 lated it shall be the duty of the Secretary of Internal 
 Affairs to submit to the State Forestry Reservation 
 Commission a copy of the application made for said 
 vacant or unappropriated land, together with a de- 
 scription thereof as ascertained through said investiga- 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 299 
 
 riou and survey ; whercnpon it shall be the duty of 
 the said State Forestry Reservation Commission to 
 determine whether it is desirable or practicable that 
 such vacant or unappropriated land should be acquired 
 for forest culture or forest reservation ; and said State 
 Forestry Reservation Commission shall, within the 
 period of two months, make report to the Secretary 
 of Internal Affairs as to the desirability or practic- 
 ability of securing such vacant or unappropriated land 
 for forest culture or forest reservation, and if in said 
 report a request shall be made for the conveyance of 
 such vacant or unappropriated land to the State For- 
 estry Reservation Commission, it shall be the duty of 
 the Secretary of Internal Affairs to grant a warrant 
 and patent, according to the usual custom of the Land 
 Office Bureau, conveying such vacant or unappro- 
 priated land to the State Forestry Commission, with- 
 out the payment of any purchase money, interest, or 
 fees. 
 
 Section 2. That whenever such vacant or unappro- 
 I)riated land shall not be conveyed to the State For- 
 estry Reservation Commission, as provided in the first 
 section of this act, it shall be the duty of the person 
 or persons making application, as aforesaid, for such 
 land, to pay the amount of money as fixed by the 
 appraisement into the office of the Department of In- 
 ternal Affairs within three months from the date of 
 the filing of the report of the appraisers in the De- 
 partment of Internal Affairs, due notice of which shall 
 be mailed to the applicant by the Secretary of Inter- 
 nal Affairs ; and if such applicant shall not make 
 payment within the time specified, he shall be deemed 
 to have abandoned the purpose of securing a grant 
 from the Commonwealth for the land so applied for 
 and appraised, and such vacant or unappropriated 
 land may then be disposed of to any applicant there- 
 for, on the payment of the price as fixed by the report 
 of the appraisers as hereinbefore provided : Provided 
 however, That in cases where caveats are filed and 
 pending before the Board of Property, the time shall 
 be extended to cover their determination by that 
 board. 
 
 Section .3. That on and after the passage of this 
 net. there shall be no warrants or other office rights 
 granted in any of the counties of the Commonwealth 
 for lands in the beds of navigable rivers, or in beds 
 of stream which are by law declared public highways. 
 
 Beport. 
 
 Warrant 
 patent. 
 
 Non-paj- 
 ment of 
 valuation. 
 
 ProTiw. 
 
 Beds of 
 navigabl* 
 rivers, ete. 
 
300 
 
 GAME. FISH, AND FORESTRY LAWS. 
 
 Application 
 of Forestry 
 Commission. 
 
 Pre-emption 
 rights. 
 
 Snrreyi. 
 
 Excess or 
 turplus. 
 
 ProTlso. 
 
 Payment of 
 
 purchase 
 
 money. 
 
 ProTlso. 
 
 Prior war- 
 rant, etc. 
 
 Act of 
 March 28, 
 1905, cited 
 for repeal. 
 
 Repeal. 
 
 Section 4. That whenover the State Forestry Reser- 
 vation Commission shall apply for vacant or unappro- 
 priated land for forest culture c»r forest reservation, 
 the Secretary of Internal Affairs is hereby authorized 
 to grant title to such applied for lands in the manner 
 provided by law, without the payment of purchase 
 money, interest, or fees. 
 
 Section 5. This act shall not be construed to affect 
 any pre-emption rights which may have been acquired 
 under existing laws, or the right of any person who 
 may have an application for vacant land pending with 
 the Secretary of Internal Affairs, of the date of the 
 approval of this act. 
 
 Section 6. That the Secretary of Internal Affairs 
 is hereby authorized and empowered to accept any and 
 all surveys, regularly made and returned to the De- 
 partment of Internal Affairs, in pursuance of any 
 warrant, location, actual settlement, or order of sur- 
 vey, without limitation as to the quantity of excess 
 or surplus over the amount specified in the warrant 
 or application: Provided, That the purchase money 
 and interest on such excess be paid into the State 
 Treasury at the rate stipulated in the warrant, or as 
 otherwise required by law, prior to the acceptance of 
 the return and survey and issuance of a patent there- 
 on : And provided further, That no acceptance of a 
 return of survey shall, in any case, prejudice or affect 
 the right or title of any other person in or to such 
 excess or surplus land by virtue of a prior warrant, 
 location, actual settlement, or order of survey thereon. 
 
 Section 7. The act of Assembly, entitled "An act 
 relating to the granting of titles by the Common- 
 wealth to vacant or unappropriated land, the price to 
 be paid for the same, the conveyance to the State For- 
 estry Reservation Commission where desirable for 
 forest culture or forest preservation, and preventing 
 the granting of warrants for the beds of navigable 
 rivers," approved the twenty-eighth day of March, 
 Anno Domini one thousand nine hundred and five, is 
 hereby repealed : and all other acts, or parts of acts 
 inconsistent with tho provisions of this act, arc also 
 hereby repealed. 
 
 Approved— The 3d day of May. A. D. 1009. 
 
 EDWIN S. STUART. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 301 
 
 AX ACT 
 
 Providing a fixed charge on lands acquired by the 1909, p. l. 
 State for forest reserves, and the distribution of the 744. ' 
 same for school purposes in the townships and bor- 
 oughs wherein State reserves are located. 
 
 Whereas, The Commonwealth of Pennsylvania is preamble. 
 acquiring large tracts of land in its several counties 
 for the purpose of establishing forest reserves, which 
 lands are exempt from taxation ; and 
 
 Whereas, Because of such exemption, the several preambu 
 school districts within which said reserves are located 
 lose the revenue secured from prior taxation, thus 
 working a hardship upon the citizens of said districts; 
 therefore, / 
 
 Section 1. Be it enacted, &c.. That from and after 
 the passage of this act, all lands now acquired or here- 
 after to be acquired by the Commonwealth for forest 
 reserves, and which by existing laws are now exempt 
 from taxation, shall be subject to an annual charge of Annual 
 two cents per acre for the benefit of the schools in charge, 
 the respective districts in which said reserves are 
 located : Provided, That no school district shall be 
 entitled to receive any sum of money from the State, 
 under this act, unless said school district shall levy 
 and collect a tax, for the support of its schools, of not 
 less than four mills on the dollar of the assessed valua- 
 tion in said school district. 
 
 Section 2. The Commissioner of Forestry shall cer- 
 tify to the respective school districts throughotit the 
 Commonwealth in which forest reserves are located, 
 and to the State Treasure]-, the number of acres owned 
 by the Commonwealth therein, for forest reserve pur- 
 poses, and the amount of the charge in favor of each 
 district. The Commissioner of Forestry shall draw 
 his warrant in favor of the treasurer of each of said how paj- 
 school districts, which said warrants, after the ap- able, 
 proval and counter signature of the Auditor General 
 of the Commonwealth, shall be paid by the State 
 Treasui-er to the respective school districts in whose 
 favor the same may be so drawn ; and the sum of 
 forty thousand dollars, or so much thereof as may 
 he necessary, be and the same is hereby specifically 
 
S02 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 appropriated, for the purposes of this act, for the 
 two fiscal years beginning June first, one thousand 
 nine hundred and nine. 
 
 Section 3. ^ That all acts or parts of acts incon- 
 sistent herewith be and the same are hereby repealed. 
 
 Approved— The 13th day of May, A. D. 1909. 
 
 EDWIN S. STUART. 
 
 1911, P. L. 
 168. 
 
 Forest 
 Beierves. 
 
 JCindling of 
 Ore upon or 
 within. 
 
 Penalty. 
 
 Injnry, de- 
 itruction or 
 remoral of 
 trees. 
 
 Penalty. 
 
 MntlUtlmi. 
 ilstmoitsm, 
 •to., vt ralM 
 er metlew. 
 
 AN ACT 
 
 To protect the State Forest Reserves, and providing 
 punishment for the violation thereof. 
 
 Section 1. Be it enacted, &c., That if any person 
 shall wilfully, negligently or maliciously kindle a fire 
 upon or within any of the forest reserves of this 
 Commonwealth, cause a fire to burn thereon except 
 in accord with such rules as may be prescribed by the 
 Department of Forestry; or shall wilfully, negligently 
 or maliciously set fire upon adjacent lands, which 
 fire shall be communicated to the State Forest Re- 
 serves ; such person shall be guilty of a misdemeanor, 
 and upon conviction thereof be subject to a fine not 
 exceeding one thousand dollars for each offense, or im- 
 prisonment not exceeding six months, either or both, 
 at the discretion of the court, together with costs of 
 suit. 
 
 Section 2.* If any person, without the consent of 
 the Commonwealth or any of her agents, shall wil- 
 fully, negligently or maliciously cut bark from, or 
 cut down, injure, destroy or remove a tree or trees 
 on any forest reserve of this Commonwealth, or shall 
 wilfully, negligently or maliciously do or cause to be 
 done any other act to the damage of said reserve, or 
 the trees growing therein, such person shall be guilty 
 of a misdemeanor, and upon conviction thereof shall 
 be subject to a fine not exceeding five hundred dollars 
 for each offense, or imprisonment not exceeding three 
 months, either or both, at the discretion of the court, 
 with costs of suit. 
 
 Section 3. If any person shall wilfully, negligently 
 or maliciously violate any of the rules made for the 
 government of the State Forest Reserves, or shall cut. 
 tear down, deface, or otherwise mutilate, injure or 
 destroy, any of the copies of the rules or other notices 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 303 
 
 relatiug to forest administration, which may be posted 
 therein by the Department of Forestry or any of its 
 oflBcers or agents, such person shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be Penalty 
 subject to a fine not exceeding one hundred dollars 
 for each offense, or imprisonment not exceeding thirty 
 days, either or both, at the discretion of the court, 
 with costs of suit : Provided, That no conviction shall 
 be had for any act committed in violation of this sec- 
 tion unless it shall affirmately appear that copies of 
 such rules or notices were prominently posted in, upon 
 or about said Forest Reserves. 
 
 Section 4. All fines collected for the violation of 
 any of the provisions of this act shall be paid to the 
 Commissioner of Forestry, who shall pay the same to 
 the State Treasurer, for the use of the Commonwealth. 
 
 Section 5. The term "person," as used in this act, 
 shall include not only individuals, or natural persons, 
 but, as well, artificial person, existing only in con- 
 templation of law ; and shall be construed to mean 
 partnerships, limited partnerships, joint stock com- 
 panies, and corporations, and the officers, agents and 
 employes of the same. 
 
 Section 6. All acts or parts of acts inconsistent R^p^*' 
 herewith are hereby repealed. 
 
 Approved — The 5th day of May, A. D. 1911. 
 
 •JOHN K. TENER. 
 
 Disposition 
 of fines. 
 
 "Person" 
 defined 
 
 AN ACT 
 
 Empowering the United States of America to acquire 
 land in the State of Pennsylvania for National 
 Forest Reserves, by purchase or by condemnation 
 proceedings : and granting to the United States of 
 America all rights necessary for control and regu- 
 lation of such reserves. 
 
 Section 1. Be it enacted, &c,, Thht the United 
 States of America is hereby empowered to acquire by 
 purchase, or by making adequate compensation under 
 condemnation proceedings, such lands in Pennsyl- 
 vania as in the opinion of the Federal Government 
 may be needed for the establishment of National For- 
 est Reserves in this State, in accordance with an act 
 of Congress, entitled "An act to enable any State to 
 
 1911, 
 271. 
 
 P. 1.. 
 
 National 
 Forest Ite 
 serves. 
 
 The United 
 States em- 
 powered to 
 acquire land. 
 
304 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 I'loviso. 
 
 Approval. 
 
 Proviso. 
 
 Resumption 
 of control 
 the State. 
 
 Coucurreiit 
 jiirisflirtion. 
 
 TTnited 
 Stato.s; 
 
 laws. 
 
 Proviso. 
 
 cooperate with any other State or States, or with the 
 United States, for the protection of the watersheds of 
 navigable streams, and to appoint a commission for 
 the acquisition of lands for the purpose of conserving 
 the navigability of nagivible rivers," approved the first 
 day of March, one thousand nine hundred and eleven : 
 Provided, That the approval of the State Forestry 
 Reservation Commission and the Water Supply Com- 
 mission shall be first had and obtained : Provided 
 further. That if at any time in the future, after the 
 (establishment by the Federal Government of such Na- 
 tional Forest Reserves in the Commonwealth of Penn- 
 sylvania, the Commonwealth shall desire to resume 
 complete ownership and control over said lauds, it 
 may do so by appropriate legislative action, providing 
 therein for the repayment to the United States of 
 America of all moneys which may have been spent in 
 acquiring lands the ownership of which is to be re- 
 sumed, and interest thereon at the rate of two per 
 centum per annum : And provided further, That thf 
 Commonwealth of Pennsylvania shall retain a con- 
 current jurisdiction with the United States in and 
 over such lands, so far that civil process, in all cases, 
 and such criminal process as may issue under the 
 authority of the Commonwealth of Pennsylvania 
 against any person charged with the commission of 
 any crime, without or within said jurisdiction, may 
 be executed thereon in like manner as if this act had 
 not been passed. 
 
 Section 2. Tliat the said United States of America 
 is hereby empowered to pass such laws as it may 
 deem necessary to the acquisition of land in Pennsyl- 
 vania, as hereinbefore provided, and for incorporatioti 
 of such land into said National Forest Reserves, as in 
 the opinion of the Federal Government may be needed 
 for this purpose. 
 
 Section 3. That the said United States of America 
 is hereby empowered to pass such laws, and to make 
 or provide for the making of such rules,_ of both a 
 civil and criminal nature, and provide punishment for 
 the violation thereof, as in its judgment may be nec- 
 essary for the management, control, and protection of 
 such lands acquired from time to time by the United 
 States of America under the provisions of this act : 
 Provided, however, That the authority hereby given 
 shall be subject to all the conditions and stipulation.* 
 and reservations contained in tliis net. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 305 
 
 Section 4. That this act shall not confer power to g. . p 
 condemn land now held or hereafter to be acquired Reserves^^' 
 by Pennsylvania as and for a State Forest Reserve. 
 
 Section 5. Nothing in this act shall be construed Act con- 
 to repeal or invalidate or in any way effect the pro- stiued. 
 \isious of an act of Assembly, approved the twenty- 
 second day of April, one thousand nine hundred and 
 five, entitled "An act to preserve the purity of the 
 waters of the State, for the protection of the public 
 health," or the provisions of an act, approved the 
 twenty-seventh day of April, one thousand nine hun- 
 dred and five, entitled "An act creating a Department 
 of Health, and defining its powers and duties," or the 
 provisions of an act, approved the fourteenth day of 
 May, Anno Domini one thousand nine hundred and 
 nine, entitled "An act to safeguard human life and 
 health throughout the Commonwealth by providing 
 regulations for the control of certain communicable 
 diseases and the prevention of infection therefrom, 
 and prescribing penalties for the violation of said 
 n^gulations." 
 
 Approved— The 11th day of May, A. D. 1911. 
 
 JOHN K. TENER. 
 
 AN ACT 
 
 [•""or the protection of shade trees and fruit-trees grow- 1911, p. i, 
 iug on or along any highway, street, or road. 679. 
 
 Section 1. Be it enacted, &c., That any person wlio 
 • shall wilfully and maliciously club, stone, cut, break, ^^^^ 
 climb upon, injure, or destroy any shade-tree or any wilful and 
 fruit-tree, growing on or along any street, road, or malicious in 
 f)ther highway, shall be guilty of a misdemeanor ; and J"^^- 
 upon conviction thereof, before any alderman, magis- 
 trate, or justice of the peace, shall be sentenced to pay 
 a fine not exceeding ten dollars or to undergo an im- 
 prisotmiont in the jail of the proper county not exceed- 
 ing five days, or both, at the discretion of the alder- 
 man, magistrate, or justice. 
 
 Ai)proved — The 7th day of June, A. D. 1911. 
 
 Penaltj. 
 
 20 
 
 JOHN K. TENER. 
 
806 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 19] 1, F. L. 
 6«1. 
 
 Trees and 
 woodlands. 
 
 InjnrT, de- 
 struction or 
 rcHioval of 
 trees. 
 
 ^'eniltT 
 
 Dnlawful 
 purchaie. 
 etc. 
 
 PenaltT 
 
 Double dam- 
 agee. / 
 
 AN ACT 
 
 To protect trees and woodlands, ajid providing [)\\u 
 ishment for the violation thereof. 
 
 Section 1. Be it enacted, &c., That if any person 
 shall wilfully, negligently, or maliciously set on fire, 
 or cause to be set on fire, any woodlands, within this 
 Commonwealth, or shall directly or indirectly, without 
 the consent of the owner, cause fire to burn therein, 
 or shall wilfully, negligently, or maliciously set fir«^ 
 upon adjacent lands, which fire shall be communicated 
 to woodlands ; such person shall be guilty of a mi.s- 
 demeanor, and on conviction thereof be fined not ex- 
 ceeding one thousand dollars for each offense, or im- 
 prisonment not exceeding six months, either or both, 
 at the discretion of the court, together with costs of 
 suit. 
 
 Section 2. If any person shall wilfully, negligently, 
 or maliciously cut bark from, or cut down, injure, 
 destroy, or remove a tree or trees growing or standing 
 upon the land of another, without the consent of the 
 owner ; or shall wilfully, negligently, or maliciously do 
 or cause to be done any other act to the damage of 
 said land or the trees growing thereon ; such person 
 shall be guiltv of a misdemeanor, and on conviction 
 thereof shall be fined not exceeding five hundred dol- 
 lars for each offense, or imprisoned not exceeding thre^ 
 months, either or both, at the discretion of the court, 
 together with costs of suit. 
 
 Section 3. If any person shall purchase or receive, 
 a tree or trees, knowing the same to have been cut 
 or removed without the consent of the owner thereof ; 
 or shall purchase or receive any logs, planks, boards, 
 staves, shingles, or other lumber, made from such 
 trees so cut or removed, and knowing the same to have 
 been so cut and made without such consent ; such per- 
 son shall be guilty of a misdemeanor, and upon tlie 
 conviction thereof shall be subject to the punishment 
 provided in section two of this act. 
 
 Section 4. If any person shall wilfully, negligently 
 or maliciously cut down or fell, or employ any person 
 to cut down or fell, a tree or trees growing upon the 
 land of another, without the consent of the owner, 
 such person shall be liable to pay to the owner double 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 807 
 
 Retaking or 
 property. 
 
 the value of such trees so cut clown or felled, and in 
 case of the removal from the land where grown, and 
 the conversion thereof, treble the value, to be recovered Treble 
 in an appropriate action, with costs of suit ; and no damages, 
 prosecution under any other section of this act shall 
 be a bar to the recovery of damages under this section ; 
 and, in addition to the remedy for recovery of damages 
 herein provided, the owner of such trees may follow 
 the same and retake them from the possession of any 
 person, and wheresoever they may be identified and 
 found ; as well as, in the same manner, retake all 
 material into which said trees may have been con- 
 verted, wherever the same may be identified and 
 found ; and without any liability on the part of said 
 owner for the retaking of his own property and re- 
 storing the same to his own possession. If the person 
 in whose possession such trees or materials may be 
 found shall refuse to surrender or deliver the same to 
 the owner thereof, after due proof of ownership shall 
 have been made, such person shall be equally guilty of 
 misdemeanor, and upon conviction thereof subject to 
 the punishment provided in section two of this act. 
 
 Section 5. The term "person" as used in this act, 
 shall include not only individuals or natural persons, 
 but as well artificial persons, existing only in con- 
 templation of law, and shall be construed to mean 
 partnerships, limited partnerships, joint stock com- 
 panies and corporations, and the oflicers, agents, and 
 employes of the same. 
 
 Section 6. The term "woodlands," in this act, is 
 intended to include, and shall be construed to mean 
 woods, farmers' woodlots, marshes, moores, brush, 
 barrens, brush lands, and wild unseated uncultivated 
 land. 
 
 Section 7. All fines which shall be collected or 
 paid uiider this act shall be remitted at once to the 
 treasurer of the county wherein the same shall be 
 collected or paid, to become a part of the general fund 
 of the county. 
 
 Section 8. All acts or parts of acts inconsistent Repeal. 
 herewith are hereby repealed. 
 
 Approved— The 9th day of June, A. D. 1911. ^ 
 
 JOHN K. TENER. 
 
 Refusal. 
 
 Penalty 
 
 "Person' 
 defined. 
 
 "VVood- 
 
 lands" 
 
 defined. 
 
 Fines. 
 
308 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 15)1 X, V. L. 
 12. 
 
 V'orest 
 reserves. 
 
 Lease of 
 sites for 
 temporary 
 bnildiiiffs. 
 
 Rents. 
 
 AN ACT 
 
 Authorizing; the Department of Forestry to lease por- 
 
 for church, school, health, 
 
 tions of the State Forest 
 and recreation purposes. 
 
 Section 1. Be it enacted, &c.. That the Depart 
 ment of Forestry is hereby authorized to lease, for 
 a period of not exceeding ten years, on such terms and 
 conditions as it may consider reasonable, to any citi 
 zen, church, organization, or school Doard of Penn 
 sylvauia, such portion of the State Forest as the De- 
 partment may deem suitable, as a site for a temporar\ 
 building to be used by such citizen or family for 
 health and recreation, or as a site for church or school 
 purposes. 
 
 Section 2. The receipts from such leasing shall be 
 paid into the State Treasury. Eighty per centum 
 thereof, so paid in. shall constitute a part of th< 
 State school fund of Pennsylvania.* 
 
 Approved— The 27th day of March, A. D. 1913. 
 
 JOHN K. TENER. 
 
 1913, 
 426. 
 
 P. L. 
 
 Auxiliary 
 forest ro- 
 serres. 
 
 Classiftca^ 
 tions, etc. 
 
 AN ACT 
 
 To classify certain surface lands as auxiliary forest 
 reserves ; to prescribe the terms and conditions for 
 their continuance in said classification, or their 
 withdraway therefrom ; and to provide for the ex 
 penses attendant thereon. 
 
 Section 1. Be it enacted, &c., That in order to en 
 courage the growing of such trees, now existing or 
 hereafter produced, as will at the proper age be suit 
 able for merchantable forest products, whether such 
 be of natural reproduction or from seed sown, or trees 
 planted out, or all combined, all surface laud which 
 
 ♦By amendment to the School Code. Section 2701 and Sec- 
 tion 2702,, approved June 4, 1915, infra page 3.36, all receipt* 
 from State lands ure paid into the State School Fund of Penn 
 sylvania. 
 
CiAMi:, FISH, AND FORESTRY LAWS. 
 
 309 
 
 (nay be set apart according to the provisions of this 
 act, and exclusively used for growing such trees, is 
 hereby constituted a separate and distinct class of 
 land, to be known as auxiliary forest reserves. 
 
 Section 2. When any owner of surface land de- 
 sires to have such land placed in the class established 
 by section one of this act, such owner shall notify the 
 State Forestry Reservation Commission of his desire 
 in manner and form to be prescribed by said commis- 
 sion. Said notice shall contain a description of the 
 land, its location, boundary, area, and character, and 
 shall state as far as practicable the species, character, 
 and condition of the trees growing thereon, and 
 whether the3' are of natural reproduction or are from 
 seed sown for the purpose, or have been set out on 
 said land, or all combined, and such other informa- 
 tion as the commission may require. If, upon receipt 
 and consideration of this notice^ the commission shall, 
 in its discretion, deem the conditions such as to war- 
 rant action on its part to determine whether such 
 land should rightfully be placed in the class estab- 
 lished by section one of this act, it shall cause 
 the same to be examined by some person learned in 
 the practice Uhd principles of forestry, and a report 
 made thereony^ and if, upon receipt and consideration 
 of such report, it decides that such laud should be 
 placed in the class established by section one of this 
 act, it shall so declare and certify to the commis- 
 sioners of the county in whicli said land is located. 
 
 Section 3. Upon receipt by the county commission- 
 ers of such certificate of the commission it shall be 
 their duty at once to place said surface land in the 
 class established by section one of this act, and keep 
 the same therein until the trees growing thereon shall, 
 in the judgment of the commission, become sufhciently 
 large and suitable for merchantable forest products, 
 or the land be devoted to other purposes : Provided, 
 however, That the certificate of the commission shall 
 not become operative to place said surface land in the 
 class established by section one of this act until the 
 owner of said surface land has agreed, in writing, 
 with the commission to care for the trees growing 
 thereton, according to the instructions and directions 
 of the commission, up to such time as such trees be- 
 come suitable for merchantable forest products ; and 
 if any such owner at any time fails to care for the 
 
 Notice of 
 owner. 
 
 Contents 
 
 Examina- 
 tion. 
 
 Report. 
 
 Duty of 
 county com- 
 missioners. 
 
 Proviso. 
 
 Agreement. 
 
310 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Failure to 
 care for 
 trees. 
 
 Removal 
 from classifi- 
 (^ation. 
 
 Kf. (ivez-y of 
 
 Owner to file 
 bond. 
 
 Cutting of 
 timber. 
 
 RemoTal and 
 marketing. 
 
 Replanting, 
 etc. 
 
 trees growing on said land as agreed with the com- 
 mission, and due proof thereof is made, the commis 
 sion may remove said surface land from the class es 
 tablished by section one of this act. In case of sucb 
 removal, cither through failure of the owner to care 
 for the trees or on his expressed desire for removal 
 before the trees shall nave been cut at maturity and 
 tax paid thereon, the county commissioners shall, 
 on notice from the commission, proceed to recover 
 from said owner, for the use of the county and 
 township, by an appropriate action at law if neces 
 sary, the difference in the amount of tax which 
 would have been paid by the said owner at the rates 
 established for the years for which recovery is sought 
 and the rate provided for auxiliary forest reserves, 
 with costs of suit, to be recoverable from the time 
 when such land was placed in the class of auxiliary 
 forest reserves. And the commission shall remove 
 said surface land from the class established by sec 
 tion one of this act at any time that the then owner 
 shall, in writing, notify the commission that he de 
 sires such removal. The commission may, in its dis- 
 cretion, at the time said surface land is placed in tht- 
 class established by section one of this act, require 
 the owner to file with the commission his or its bond, 
 of such kind and amount as the commission shall 
 deem reasonable and sufficient to secure the obliga 
 tions of such owner under this act. 
 
 Section 4. Whenever trees growing on said sur- 
 face land have become suitable for merchantable 
 forest products, the commission shall, at the request 
 of the owner or on its own motion, make an examina 
 tion of said land, and designate for the owner the 
 kind and number of trees most suitable to be cut, if, 
 in the judgment of the commission, there be any, and 
 the cutting and removal of said trees so designated 
 shall be in accordance with the instructions of the 
 commission. 
 
 Section 5. If the owner of said surface land faith- 
 fully carries out the instructions of the commission 
 with regard to the removal and marketing of such ma- 
 ture or other trees, as may be designated in the in- 
 structions of the said commission, and shall im- 
 mediately replant other trees of valuable species, or 
 so protect the young growth that the said land may 
 immediately become covered with young forest growth, 
 and does so with the approval of the commission, then 
 
GAME, FISH, AND FORESTRY LAWS. 311 
 
 such surface land shall remaiu in the said class, es- 
 tablished by section one of this act; otherwise, the 
 commission shall notify the county commissioners 
 that the said land is not being maintained in accord- 
 ance with the written agreement of the owner and 
 the instructions of the commission, in which event 
 the county commissioners shall immediately remove 
 said land from the class established by section one of 
 this act. All expenses attendant upon the examina- ].,;ner,^.8 
 tion of the said surface land by the commission shall 
 be paid f'^r out of tlie moneys appropriated for the 
 maintenance of the Department of Forestry, in like 
 manner as other expenses for maintenance of said 
 department are now paid. 
 
 Section 6. The owner of the said auxiliary forest Right or 
 reserves shall, at all times, have the right to remove owner, 
 therefrom trees, or portions of trees, which may be 
 killed by fire, thrown or broken by the wind, or in- 
 jured by other natural causes ; and shall, under the 
 direction of the commission, be privileged to make 
 necessary thinnings or removal of undesirable species 
 of trees, in order to improve the condition of the 
 remaining trees ; and, under the same direction, may 
 be privileged to remove therefrom such timber, from 
 time to time, as may be necessary and essential for 
 use upon the neighboring cleared lands of the said 
 owner, for general farm purposes. 
 
 Section 7. Any tract of land while remaining in 
 the class of auxiliary forest reserves as above pro- 
 vided, may, nevertheless, be sold or incumbered by saie or id 
 or through the owner thereof, but no sale or in- cumbrtnc* 
 cumbrance, whether voluntary by the owner or in- 
 voluntary under any statutory or judicial proceeding 
 whatsoever, whether of any State or of the United 
 States, shall effect a discharge of any obligation 
 imposed under this act, and said land shall be 
 removed from said class only in accordance with the 
 provisions hereof. 
 
 Section 8. That all acts or parts of acts incon- Repeal, 
 sistent herewith be and the same are hereby repealed. 
 
 .Approved — The 5th day of June, A. D. 1913. 
 
 JOHN K. TENER. 
 
312 
 
 GAME, FISH, AND FORKSTKY LAW'S. 
 
 AN ACT 
 
 I91i. F. L. 
 406 
 
 To provide for the assessment and taxation of auxi- 
 liary forest reserves, and the collection, distribu- 
 tion and use of the taxes collected therefrom. 
 
 Auxlllair 
 
 forest 
 
 reserTes. 
 
 Aespssnient 
 and taxation. 
 
 Mlti'^rals. 
 
 AseesiRTnent. 
 
 Rf'turns. 
 
 Rednctlon of 
 a(*»es6ment. 
 
 Timber about 
 to be har- 
 
 Tpsted. 
 
 Bond. 
 
 Section 1. Be it enacted, &c., That all surface 
 land which may hereafter be classified and set apart 
 as auxiliary forest reserves, in the manner provided 
 by law, shall be rated in value, for the purpose 
 of taxation, not in excess of one dollar ($1.00) p«'!- 
 acre and shall continue to be so rated so long as tlu* 
 said land remains within the class designated as 
 auxiliary forest reserves: Provided, however. That 
 if the said surface land be underlaid with coal, iron 
 ore, oil, gas, or other valuable minerals, said min- 
 erals may be separately assessed. The assessors in 
 the several districts in which such lands arc situate 
 shall assess such lands in the manner now or here- 
 after provided for the assessment of real estate for 
 purposes of taxation, as if they had not been set 
 apart as auxiliary forest reserves, and shall makt^ 
 their returns to the county commissioners in like 
 manner as is now or hereafter may be provided by 
 law, subject to exception, appeal, and final adjust- 
 ment. 
 
 Section 2. Upon receipt of assessment returns 
 from the various assessors, the county commissioners 
 shall reduce, in their records, to a sum not in excess 
 of one dollar ($1.00) per acre, the assessment on all 
 those lands which shall have been placed in the class 
 known as auxiliary forest reserves, in accordance 
 with certificates filed with them by the State For- 
 estry Reservation Commission, and the original as- 
 sessment returns made by said assessdrs shall be pre- 
 served. 
 
 Section 3. Whenever timber, on land which is in- 
 cluded in the class of land known as auxiliary forest 
 reserves, is about to be harvested, the then owner 
 of the timber on said land shall give a bond to the 
 county treasurer in twenty per centum of the amount 
 of the estimated value of the timber to be harvested, 
 and to be approved by the court of the county, con- 
 
GAME, FISH, AND FORESTRY LA\^•S. 
 
 313 
 
 (Jitioned to pay to the county treasurer, withiu 
 ninety days after harvesting, ten per centum of the 
 value of the trees immediately at and before the time 
 of harvesting ; which amount shall be ascertained by 
 statement and return, under oath or affirmation, fur- 
 nished in triplicate, one to the county commission- 
 ers, one to the county treasurer, and one to the com- 
 mission, immediately after harvesting, by the then 
 owner of the land, setting forth said value ; which 
 sum thus paid shall be divided and distributed by 
 the county treasurer of each county — to the county, 
 ;ind the poor district, the road district, and the 
 school district of the township in which the auxiliary 
 reserve is situate, pro rata, based upon the last as- 
 sessed millage of taxation for county, poor, road, and 
 school purposes within said taxing district. 
 
 Such sum of money when ascertained to be due as 
 a tax by the filing of the foregoing statement and re- 
 turn, under oath, and, as hereinbefore provided, di- 
 rected to be paid to the county treasurer by the 
 owner of an auxiliary forest reserve, shall, from 
 the time for such filing, be and remain a lien upon 
 the land of such owner until payment shall have 
 been made : And be it further provided. That all 
 moneys received by the boards of supervisors shall be 
 appropriated exclusively to the opening, maintenance, 
 and repair of the public roads now or hereafter pass- 
 ing through or into said auxiliary forest reserves, 
 or upon which said reserves now or hereafter may 
 abut ; and, in the event that no public highways 
 pass through or into said reserves, or none of said 
 reserves abut on such highways, then said moneys 
 shall be used for general township road purposes. 
 
 Section 4. Should the county commissioners be 
 <Iissatisfied with the return made, as hereinbefore pro- 
 vided in section three hereof, the court of common- 
 pleas of the proper county, on petition of the com- 
 missioners, shall appoint a board of three appraisers, 
 who shall go upon the land in question, estimate the 
 (luantity and value of the trees immediately at and 
 before the time of harvesting, and make a return 
 thereof to the court, which said return shall then 
 be made the basis upon which each owner shall 
 make payment to the respective county treasurers, 
 unless changed upon appeal. The said appraisers 
 shall be duly sworn or affirmed before entering upon 
 their work, and either party, if dissatisfied with the 
 
 Payment to 
 county » 
 treasurer. 
 
 Distribution, 
 of fund. 
 
 Lien. 
 Proviso. 
 
 Super- 
 Tisors. 
 
 Appropria- 
 tion of fund 
 
 If the return 
 is not sa tig- 
 factory. 
 
 Petition. 
 
 Appralserg 
 
 Return. 
 
 Oath. 
 
314 
 
 Appeals. 
 
 Expenses 
 and com- 
 pensation. 
 
 Eemoral of 
 lands from 
 classifica- 
 tion prior to 
 maturity of 
 timber. 
 
 Notice. 
 
 Aicertaln- 
 ment of tai 
 doe. 
 
 Tertincate. 
 
 Lien. 
 
 RemoTal 
 from class 
 after ma- 
 taritj. etc. 
 
 When act 
 shall take 
 effect. 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 report of the appraisers, shall have right of appeal 
 to the court of common pleas of the county, within 
 ten days after such report shall be filed and notice 
 thereof given the owner. The said appraisers shall 
 be allowed their expenses and a compensation to hf 
 fixed by the court, both to be paid by the county com- 
 missioners. 
 
 Section 5. In case of the removal of said lands 
 from the class known as auxiliary forest reserves, 
 prior to the maturity of the timber, and without 
 payment of the tax of ten per centum of the value 
 thereof, as provided in section three of this act, the 
 county commissioners shall, on notice from the com- 
 mission, ascertain the amount of the taxes which 
 would have been paid by the said owner on the 
 original assessment, before the reduction provided 
 for in section two of this act, adding legal interest 
 from the date when each tax payment would have 
 become delinquent. The said commissioners shall 
 likewise ascertain the amount of taxes which havt- 
 actually been paid upon the land in question, adding 
 legal interest upon all such payments from the date 
 when paid, and certify the result thereof to the 
 county treasurer, who shall then proceed in the 
 manner provided for the collection of county taxes 
 under general laws, to recover from such owner the 
 difiPerence between the two amounts, with costs. Such 
 difference, so ascertained to be due as tax as afore- 
 said, shall be and remain in lien upon the land of 
 such owner until payment shall have been made. 
 
 If such land shall be removed from said class 
 after the due cutting of a matured crop and the pay- 
 ment of tax thereon, the owner shall, in that case, 
 not be liable for such past assessment ; but the lan(l 
 shall thereafter be liable to assessment and tax as all 
 other land not classed as auxiliary forest reserves. 
 
 Section 6. This act shall take effect only beginning 
 with assessments made for the purpose of levying 
 taxes for the fiscal year one thousand nine hundred 
 and fourteen. 
 
 Approved — The 5th day of June, A. D. 1913. 
 
 JOHN K. TENER. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 815 
 
 AN ACT 
 
 i'roviding a fixed charge on land classified as auxi- 
 liary forest reserves ; and the distribution of the 
 fund thus set aside for school and road purposes. 
 
 Whereas, By existing law the State forest reserves 
 are subject to an annual charge of two cents per 
 acre for the benefit of schools, and two cents per 
 acre for the benefit of roads, in the respective dis- 
 tricts in which said reserves are located ; and 
 
 Whereas, It would be a hardship to withhold from 
 school and road districts the t^xes which would 
 otherwise be collected from land classified as aux- 
 iliary forest reserves ; therefore, — 
 
 Section 1. Be it enacted, &c.. That all lands 
 which shall hereafter be classified as auxiliary forest 
 reserves shall be subject to an annual charge of two 
 cents per acre for the benefit of the schools, and 
 two cents per acre for the benefit of the roads, in 
 the respective districts in which said reserves are 
 located. Said charge is hereby made payable by the 
 State. 
 
 Section 2. The State Forestry Reservation Com- 
 mission shall certify to the respective school dis- 
 tricts and road districts, throughout the Common- 
 wealth, in which auxiliary forest reserves are located, 
 the number of acres thus set apart and classified in 
 each district, and the charge against the same ; and 
 shall, furthermore, certify to the State Treasurer 
 the number of acres as aforesaid, and the charge 
 against the same, in favor of the respective school 
 and road districts. The State Treasurer shall, upon 
 the approval of the proper warrants of the commis- 
 sion, pay to the several school districts and road dis- 
 tricts the amount due the same from the Common- 
 wealth, as derived under this act. 
 
 Approved— The 5th day of June, A. D. 1913. 
 
 JOHN K. TENER. 
 
 1913, P. L. 
 408. 
 
 Preamble. 
 
 Auxiliary 
 forest 
 reserves. 
 Annual 
 charge on 
 for school 
 and road 
 purposes. 
 Payable by 
 the State. 
 
 Certificate 
 acerage, etc. 
 
 Paymenir 
 
316 
 
 GAME, FISH. AND FORESTRY LAWS. 
 
 A SUPPLEMENT 
 
 1913, P. L. 
 
 S64. 
 
 To an act, entitled "An act to establish a Depart- 
 ment of Forestry, to provide for its proper admin- 
 istration, to regulate the acquisition of land for 
 the Commonwealth, and to provide for the control, 
 protection, and maintenance of forest reserves by 
 the Department of Forestry," approved the twenty- 
 fifth day of February, Anno Domini one thousand 
 nine hundred and one (Pamphlet Laws, page 
 eleven), authorizing the Department of Forestry 
 to designate certain of the foresters within its em- 
 ploy to act as District Foresters, in the perform- 
 ance of general forest work other than within the 
 State Forests. 
 
 Preamble. 
 
 Department 
 "f Forestry. 
 
 District 
 I-'oresters. 
 
 Whereas, In accordance with section three of an 
 act, entitled "An act to establish a Department of 
 Forestry, to provide for its proper administration, to 
 regulate the acquisition of land for the Common- 
 wealth, and to provide for the control, protection, 
 and maintenance of forest reserves by the Depart- 
 ment of Forestry," it is provided that it shall be the 
 duty of the Commissioner of Forestry, among other 
 things, "to encourage and promote the developinent 
 of Forestry, to obtain and publish information re- 
 specting the extent and condition of forest lands in 
 the State, and to execute all rules and regulations 
 adopted by the Forestry Reservation Commission 
 for the enforcement of all laws designated for the 
 protection of forests from fire and depredation" and 
 
 Whereas, It is desirable and expedient that that 
 phase of forestry known as formers' woodlot and pri- 
 vate forestry be given greater consideration and as- 
 sistance than it has. heretofore received; therefore, — 
 
 Section 1. Be it enacted, &c.. That the Depart- 
 ment of Forestry be authorized to designate, wher 
 ever the demands of forestry warrant, certain of th<> 
 foresters in the State Forest Service to be known as 
 District Foresters, and that the districts to which 
 they may be assigned shall be coterminus with one or 
 more of the counties throughout the Commonwealth 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 317 
 
 Section 2. It shall be the duty of the District 
 Forester, under the direction of the department, to 
 promote within his district the development of for- 
 estry by conducting such educational efforts as may 
 be necessary to bring to the attention of the people 
 the uses and purposes of practical forestry, to render 
 assistance to forest and woodlot owners, to conduct 
 experiments in forestry, to collect data concerning 
 forests and woodlots within his district, to inspect 
 and report to the department upon the work of the 
 fire-wardens, to advise with land owners upon the 
 planting and protection of shade-trees, to assist in 
 Arbor Day work, and to promote and advance any 
 other activity in local forestry which may be desig- 
 nated by the Department of Forestry. The Disrict 
 Forester shall be supplied by the Department with 
 suitable office facilities and supplies to enable him 
 to carry on his work. 
 
 Approved—The 21st day of July, A. D. 1913. 
 
 .JOHN K. TENER. 
 
 Duties il 
 
 District 
 
 Foresters. 
 
 Offices and 
 supplies. 
 
 AN ACT 
 
 Directing the county commissioners of the several 
 counties to offer for sale to the Department of For- 
 estry tracts of land which they may have pur- 
 chased at county treasurers' sales, for acceptance 
 or refusal for forestry purposes, and to convey to 
 the Commonwealth of Pennsylvania the tracts so 
 offered to be sold, if accepted by the department. 
 
 Section 1. Be it enacted, &c.. That when county 
 commissioners shall have received from the county 
 treasurer a conveyance of lands which shall have 
 been advertised and sold for unpaid taxes, in ac- 
 cordance with the several acts of Assembly relating 
 to^ the sale and conveyance of lands for taxes, the 
 said commissioners are hereby directed, after the 
 period of redemption of said lands shall have ex- 
 pired, to offer said lands to the Department of For- 
 estry, for acceptance or rejection by said department, 
 for forestry purposes, when required so to do by 
 the Department of Forestry. The county commis- 
 
 1915, r J, 
 
 140. 
 
 County-Coin - 
 mission.^ts. 
 
 Sale of lands 
 to Depart- 
 ment of 
 Forestry. 
 Forest 
 reserves. 
 Description. 
 
818 
 
 GAME, FISH. AND FORESTRY LAWS. 
 
 Draft. 
 
 (yOSt of 
 
 draft. 
 
 Examina- 
 tion and 
 raluation. 
 
 Title 
 
 RemoTal of 
 
 objections, 
 
 etc. 
 
 sioners, in making such offer, shall describe the land 
 by giving the name of its former owner, its location, 
 warantee name or number, and its adjoiners. They 
 shall state the number of acres and perches in each 
 tract so offered, and the amount of taxes, interest, 
 and costs due thereon, which shall have been levied 
 and become a lien and accrued to the time of mak- 
 ing the offer. Every such offer shall be accom- 
 panied by a draft of the land, when required by the 
 department, to be prepared by the county surveyor. 
 The cost of the preparation of such draft shall 
 be paid by the county commissioners, and in no 
 case shall exceed the ordinary and usual amount paid 
 for the making of similar drafts in the course of 
 county business. The cost of the draft may be 
 added by the commissioners to the amount of costs 
 accrued against the land which they shall offer the 
 Department of Forestry. Where adjoining tracts 
 are so offered, they shall be included within one 
 draft, and the cost of the draft shall be ratably ap- 
 portioned among the several tracts in accordance 
 with the area thereof. 
 
 Section 2. That upon receiving any such offer 
 from the county commissioners, which offer shall be 
 made upon blank forms to be jjrepared by the De- 
 partment of Forestry and supplied to the commis- 
 sioners, the department shall make an examination 
 and valuation of the land so offered, to determine 
 whether it is suitable for forestry purposes. If 
 found not suitable for forestry purposes, the depart- 
 ment shall so notify the commissioners. If found 
 to be suitable for that purpose, it shall likewise 
 notify the commissioners of its suitability, make a 
 conditional acceptance, and proceed to examine the 
 title. ^ If such examination shall disclose that the 
 title is marketable, and of such character as can be 
 safely accepted, the department shall prepare a deed 
 to be exeecutod by the commissioners, conveying such 
 land to the Commonwealth of Pennsylvania. The 
 consideration shall include all taxes levied, interest, 
 and costs due to date of conveyance ; but shall, in 
 no case, exceed the limit of purchase price now or 
 hereafter fixed by law for the purchase of land by 
 the Department of Forestry for forestry purposes. 
 
 Section 3. That if the title examination shall dis- 
 close incumbrances upon the land, or other objec- 
 tions, which, in tlie judgment of the Department of 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 319 
 
 Forestry, will render the title unmarketable or un- 
 desirable for the State to own, the county commis- 
 sioners shall then proceed to remove such objections 
 to title, and cure such defects, so far as it may be 
 possible to do so, or may be required by the practice 
 of the Department of Forestry, in the purchase of 
 lands. The purchase of said land shall not be fur- 
 ther proceeded with until the title shall be rendered 
 acceptable to the Department of Forestry. In case 
 the county Commissioners neglect or refuse to remove 
 objections to title when required by the Department, 
 the Department may, after a reasonable time, not 
 exceeding six months, notify the commissioners that 
 it refuses to consider the further purchase of the 
 land so offered. The time for removal of objections 
 may be extended by the department for cause shown. 
 Section 4. That all laws or parts of laws in con- 
 flict herewith are hereby repealed. 
 
 Approved— The 21st day of April, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 Repeal 
 
 AN ACT 
 
 Authorizing the Department of Forestry to grow ^^^^ p . 
 and distribute young forest-trees, and restricting 155 ' 
 their use after distribution. 
 
 Section 1. Be it enacted, &c.. That the Depart 
 ment of Forestry is hereby authorized to grow young 
 forest-trees, and to distribute them to those desiring 
 to plant them, in siiph quantity and under such 
 regulations as may be prescribed by the department, 
 when the available stock in the forest nurseries shall 
 be in excess of that required by the department for 
 forest planting. No charge shall be made for the 
 trees so distributed, but the cost of boxing and ship- 
 ping shall be paid by the applicant. The applicant 
 must enter into an agreement with the department 
 to plant the young trees under such conditions or 
 regulations as may be made by the department, and 
 to protect and care for them when planted. The de- 
 partment may render such assistance and instruction 
 in the planting of the trees as it may deem necessary 
 to secure their proper planting. 
 
 Foreetrj 
 
 Forest 
 trees. 
 
 Distribn- 
 tion. 
 
 Agreement. 
 
320 
 
 GAME, PISH, AND FORESTRY LA\VS. 
 
 May not be 
 
 (inld. 
 
 R«>peal 
 
 Section 2. That all such young forest-trees, which 
 shall be distributed as aforesaid, shall not bo sub- 
 ject to sale in the hands of the applicant, but shall 
 be properly planted, in accordance with the agree- 
 ment entered into with the department. 
 
 Section 3. That all acts and parts of acts incon- 
 sistent with or supplied by this act are repealed. 
 
 Approved— The 21st day of April, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 L915, P. L. 
 156, as 
 amended by 
 the act of 
 May 29th, 
 1917. P. L. 
 309. 
 
 AN ACT 
 
 Extending the powers and duties of foresters, forest 
 rangers, game protectors, deputy game protectors, 
 special deputy game protectors, fish-wardens, aud 
 deputy fish-wardens of this Commonwealth. 
 
 (For text of this act see page 46.) 
 
 1915, 
 481. 
 
 P. L. 
 
 Department 
 i)f Forestry. 
 Limit of pur- 
 chase price 
 of lands for 
 forest re- 
 serves. 
 
 Repeal. 
 
 AN ACT 
 
 To enlarge the limit of purchase price to be paid 
 by the Department of Forestry for lands to be pur- 
 cliased and used for State forest purposes. 
 
 Section 1. Be it enacted, «S:c., That the limit of 
 purchase price to be paid by the Department of For- 
 estry for land hereafter to be purchased by it, and 
 used for State forest purposes, shall not exceed the 
 sum of ten dollars per acre. 
 
 Section 2. That all acts or parts of acts in con- 
 flict herewith are repealed. 
 
 Approved— The 14th day of May, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 321 
 
 AN ACT 
 
 To ostablisli a Bureau of Forest Protection within 
 the Department of Forestry ; designating the of- 
 ticers who shall constitute the Bureau, their duties 
 and salaries ; prescribing penalties for the viola- 
 tion thereof; and repealing all laws, general 
 special, or local, or any parts thereof, that may be 
 inconsistent with or supplied by this act. 
 
 Section 1. Be it enacted, &c., That a Bureau of 
 Forest' Protection is hereby established within the 
 Department of Forestry. The persons appointed 
 rhei-eto or assigned to duty therein shall be subject to 
 the authority and under the control of the Commis- 
 sioner of Forestry. 
 
 ARTICLE I. 
 
 Chief Forest Fire-Warden. 
 
 Section 101. Appointment. — -Immediately after 
 tliis act becomes effective, and thereafter whenever 
 a vacancy occurs, the Commissioner of Forestry 
 shall appoint a forester in the employ of the depart- 
 ment to be the chief forest fire-warden. 
 
 Section 102. Duties :■ — 
 
 (a) It shall be the duty of the chief forest fire- 
 warden to take such measures for the prevention, 
 control, and extinction of forest fires as will assure 
 a reasonable protection from fire to woodlots, forests, 
 and wild lands within the State. 
 
 (b) The chief forest fire-warden shall institute 
 the system of forest fire-wardens, as hereby created, 
 aiid shall have authority to supervise and manage the 
 same. 
 
 (c) He shall reorganize the former system of fire- 
 wardens, and as rapidly as possible make it conform 
 to the provisions of this act. 
 
 (d) As soon as convenient after this act becomes 
 effective, the chief forest fire-warden shall divide the 
 State into forest fire districts, for the organization of 
 an effective forest fire-warden system. 
 
 21 
 
 1015, 
 797. 
 
 P. J.. 
 
 Depart uuuil 
 of Forestry. 
 
 Bureau uf 
 Forest Pro- 
 tection. 
 
322 GAMEJ, fish, AND FORESTRY LAWS. 
 
 (e) At the end of each calendar year he shall 
 render to the Commissioner of Forestry a report for 
 the year, covering all phases of the work under his 
 direction, which report, together with a list of the 
 fire-wardens, shall be published annually as a bulle- 
 tin of the Department of Forestry. 
 
 (f) He shall collect, with the assistance of the 
 force and means at his command, data relating to 
 location, area, and fire hazard of woodlots, forests, 
 and wild lands within the State ; data relating to 
 forest fires, and losses resulting therefrom ; and such 
 other data as he may deem to come within the pur- 
 view of his duties, and as he may desire to present 
 to the commissioner or to the public. ' ; > 
 
 (g) He shall tabulate and draft data in such 
 manner that the information may be easily and 
 readily appreciated. Maps, drafts, and tables shall 
 be published, in the discretion and under the direc- 
 tion of the Commissioner of Forestry, as a part of 
 the annual report of the chief forest fire-warden or 
 as separate bulletins of the department. 
 
 (h) He shall plan and put into effect as rapidly 
 as convenient a system of fire-towers and observation 
 stations, which shall cover the regions subject to 
 forest fires, purchase the necessary material and 
 equipment, and hire the necessary labor for the instal- 
 lation of the system. 
 
 (i) When, in his discretion, the purposes of this 
 act may be accomplished better by the appointment 
 of certain forest fire-wardens as watchmen or patrol- 
 men during dry seasons, and within regions subject 
 to great fire risk, he shall make such appointments ; 
 provided that no person shall be appointed watchman 
 or patrolman without first having been appointed a 
 forest fire-warden, and that wardens who have proved 
 to be efficient shall be given preference. 
 
 (j) He may enter into agreements, with the con- 
 sent of the Commissioner of Forestry, with persoire, 
 firms, corporations, or associations, upon satisfactory 
 terms, for the successful accomplishment of forest fire 
 prevention or control. 
 
 (k) He shall conduct such educational work in 
 lolation to forest fires as may be approved by the 
 Commissioner of Forestry. 
 
GAME, FISH, AND FORESTRY LAWS. 323 
 
 (1) He shall audit all bills incurred under this 
 act. He shall approve those which are correct and 
 should be paid and present them to the Commissioner 
 of Forestry, who shall transmit them to the Auditor 
 General, 
 
 (m) Upon receipt of checks from the State Treas- 
 urer, he shall send them to the persons entitled 
 thereto. 
 
 (n) He shall have authority to declare a public 
 nuisance any property which, by reason of its con- 
 dition or operation, is a special forest fire hazard, 
 and, as such, endangers other property or human 
 life. , 
 
 (o) He shall notify the owner of the property, or 
 the person responsible for the condition declared a 
 public nuisance, and advise him as to the abatement 
 or removal of such nuisance. In the case of a rail- 
 road, such notice shall be served upon the superin- 
 tendent of the division upon which the nuisance 
 exists. 
 
 (p) He shall collect and arrange information ob- 
 tained concerning violation of laws relating to the 
 protection of forests from fire, and present the same 
 to the Commissioner of Forestry, who shall file it 
 with the Attorney General for legal action. 
 
 Section 103. Compensation. — The chief forest 
 fire-warden shall be paid a salary not to exceed two 
 thousand five hundred ($2,500) dollars per annum, 
 and necessary expenses incurred in the performance 
 of his duties. 
 
 ARTICLE II. 
 
 Clerical Assistants. 
 
 Section 201. As soon as convenient after this act 
 becomes effective, the Commissioner of Forestry shall 
 assign to the Bureau of Forest Protection a forester 
 in the employ of the department, to act as a clerk to 
 the chief forest fire-warden ; aia<l, from time to time, 
 may assign such other clericgi assistants to the bu- 
 reau as maj7 be oaecessarv. 
 
324 GAME, FISH, AND FORESTRY LAWS. 
 
 ARTICLK Tir. 
 
 Distiict Fire W'aidon. 
 
 Section 301. Apixtintmciit. — As rapidly as fire dis- 
 tricts may be detcrminod upon by the chief forest 
 fire-warden, and thereafter wlieiiever vacancies occur, 
 the Commissioner of Forestry shall appoint foresters 
 in the employ of the department, to be known as 
 district fire-wardens. 
 
 Section 302. Duties:— 
 
 (a) The district fire-warden shall establish head- 
 quarters at some advantageous place within his dis- 
 trict ; shall act as the field representative of the chief 
 forest fire-warden, and be under his direction. 
 
 (b) He shall be responsible for the collection of 
 data, within his district, necessary for accomplish- 
 ing properly the purposes of this act. 
 
 (c) He shall make recommendations to the Chief 
 forest fire-warden for the appointment of local fire- 
 wardens, the location of fire-towers, the employment 
 of patrolmen, and the region to be patrolled, and re- 
 garding such other matters as may come to liis at- 
 tention which would tend to improve the protective 
 system. 
 
 (d) He shall arrange for annual meetings of 1j«"- 
 wardens within his district, f(>r instruction in forest 
 fire matters. 
 
 (e) He shall report to the chief forest fire-warden 
 situations and conditions existing within his district 
 which are or may become forest fire hazards. He 
 shall serve notices for the correction or removal of 
 such conditions, when issued by the chief forest fire- 
 warden. 
 
 (f) He shall receive, audit, and approve the re- 
 ports and accounts of tlio local fire-wardens before 
 submitting them to the chief forest fire-warden. 
 
 (g) He shall act as un inspector of the work of 
 local fire-wardens, and render assistance to them. 
 
 (h) He shall conduct educational work, and de- 
 velop co-operation between local agencies and the 
 Department of Forestry for the prevention and sup- 
 pression of forest fires. 
 
 (i) He shall perform such other duties as may be 
 assigned to him by the ComniiHsioTier of Forestry or 
 the cliief foregt firo-wnrdon. 
 
GAME, FISH, AND FORESTRY LAWS. 325 
 
 Section 303. Compensation.— The district fire- 
 warden shall be paid a salary not to exceed one thoy- 
 ramiei^ht hmu\L\ (.$1,800) dollars per annum, and 
 all necessary cxi»>nses incurr.Ml m the performance 
 of his duties. 
 
 ARTICLE IV. 
 
 Local Forest Fire-Wardens. 
 
 Section 401. Qualifications.— A person appointed 
 a local fire-warden shall be chosen expressly by rea- 
 son of his physical fitness, sobriety, honesty, and 
 ability to perform the duties herein required, and 
 must have the recommendation of the district fire- 
 warden for the forest fire district m which he is 
 located. Where no district fire-warden has been ap- 
 pointed, the chief forest fire-warden shall first satisfy 
 himself as to the above qualifications before making 
 
 an appointment. -^ i ^ ^ ^ 
 
 Section 402. Appointment.— Local fire-wardens 
 shall be appointed by the chief forest fire-warden m 
 such localities as he may deem necessary. 
 
 Section 403. Certificates of Appointment.— Every 
 person appointed a forest fire-warden under this act 
 shall be given a certificate of appointment, issued by 
 th(^ chief forest fire-warden, and may be furnished 
 with an appropriate badge, in the discretion of the 
 chief forest fire-warden. 
 
 Section 404. Duties :— _ 
 
 (a) Whenever fire is discovered m or approaching 
 woodlots. forests, or wild lands, whether the same 
 be owned by individuals, corporations, or by the Com- 
 monwealth, it shall be the duty of a forest fire- 
 warden immediately to take such measures as are 
 necessary to extinguish the fire. 
 
 (b) Whenever fires have been combated or ex- 
 tinguished as provided for in this act, the forest fire- 
 warden shall prepare a correct statement of expenses, 
 upon forms to be furnished by the department ; which 
 statement must be verified by oath or affirmation, and 
 must be filed with the district warden, and by him 
 forwarded to the chief forest fire-warden within sixty 
 doys of the date of firo. 
 
326 GAME, FISH, AND FORESTRY LAWS. 
 
 (c) He shall promptly investigate the cause of 
 each fire which comes to his knowledge, collect such 
 e\ddence as may be discovered relating thereto, and 
 such other facts as he may be directed, and report! 
 the same to the chief forest fire-warden. 
 
 (d) Upon receipt of a check from the State 
 Treasurer, he shall at once pay by check the amounts 
 due to such persons as are entitled to receive pay 
 from him. 
 
 (e) He shall attend an annual meeting of fire- 
 wardens in his district when notified, or present a 
 reasonable excuse. 
 
 (f) When designated as a patrolman or watch- 
 man, he shall perform such duties as may be assigned 
 him by the chief forest fire-warden or by the district 
 fire-warden. 
 
 Section 405. Compensation. — Each local fire-war- 
 den shall be paid at the rate of thirty cents per hour 
 for the time actually employed in the performance 
 of his duties. He shall also be paid for the neces- 
 sary expenses incurred in the performance of his du- 
 ties. In addition, he shall be paid annually the sum 
 of ten dollars provided that the Commissioner of 
 Forestery may withhold this annual sum for just 
 and reasonable cause. 
 
 A local forest fire-warden shall not be paid from 
 the forest fire fund, for services in any one month, an 
 amount in excess of fifty dollars. 
 
 ARTICLE V. 
 
 Special and Ex-Officio Forest Fire-Wardens. 
 
 Section 501. The chief forest fire-warden may ap- 
 point persons who will serve without compensation 
 as special or as ex-oflacio forest fire-wardens. They 
 shall have the same power and authority as local 
 forest fire-wardens, but their duties may be changed 
 or extended by the chief forest fire-wardens. 
 
 Section 502. Foresters with rangers in the employ 
 of the Department of Forestry shall be forest fire- 
 wardens ex-ofiicio. 
 
 Section 503. Special and ex ofl5cio forest fire-war- 
 dens shall receive no compensation under this act, 
 other than the necessary expenses incurred by them 
 m tlin pf^rformnnf^n of fhciir dntins nig firo wBrdmnB 
 
(;AME, FJSIL and forestry laws. 327 
 
 ARTICLE VI. 
 
 General Powers. 
 
 Section 601. A fire-warden shall have authority 
 to employ such other persons as, in his judgment, 
 may be necessary to render assistance m extinguish- 
 ing fire; and, whenever it shall not otherwise be pos- 
 sible for him to secure a sufficient number of persons 
 ?, assist in extinguishing fire, he is hereby authorized 
 to compel the attendance of persons and to requi e 
 them to render assistance in the extinguishing of fire, 
 under penalties prescribed m this act. 
 
 Section 602. A fire-warden shall have authority to 
 administer an oath or afiirmation in order to ex- 
 amii o any person who he believes knows facts relat- 
 iS to any fire, or who claims compensation for 
 
 ^"^'secdon^eol.^^ Every official provided'for by this act 
 shall have authority to enter upon any land at any 
 time fo^the purpose of performing duties in accord- 
 
 ''"Sect\on''604. A fire-warden shall have power to 
 nriest on view, without first procuring a warrant, 
 any peison detected by him in the act of committing 
 m offense against any of the laws now enacted or 
 
 ereafter to be enacted for the protection of forests 
 woodlots timber, or wild lands, or when he shall have 
 
 leasonable suspicion that any person is committing 
 or is about to commit some such offense. The war- 
 den shall have further power to take the offender 
 Sore a justice of the peace, or other magistrate 
 having jurisdiction, for hearing, trial, or other due 
 
 ?ocess of law. The further conduct of ^ny such 
 case shall te entrusted to, and be undertaken by, the 
 
 ^'Secdon 605?' A fire-warden shall notJ)e personaUy 
 liable for any act required or P^rm "ed tx^ be done 
 under the provisions of this law, while acting withm 
 the scope of his duties as a fire-warden. 
 
328 GAME, FISH, AND FORESTRY LAWS. 
 
 ARTICLE VII. 
 Private Persons. 
 
 Section 701. Fire-Fighters. — Persons who extinj:- 
 uish forest fires, except as otherwise provided, shall 
 be paid at a rate per liour to be determined for each 
 fire district by the chief forest fire-warden, with th(i 
 approval of the Comniissioner of Forostrj', and based 
 ijjion the rates of wages received for day labor within 
 the respective fire districts ; provided the rate does 
 not exceed twenty-five cents per hour. 
 
 Section 702. Appeal to the Commissioner of For- 
 erty. — If any person shall feel aggrieved by the act 
 of any fire-warden, such person may appeal to the 
 Commissioner of Forestry, who will examine into the 
 complaint. After hearing the parties he shall decide 
 as to him shall seem just and right. 
 
 Section 703.* Land Owners. — Nothing in this act 
 shall be so construed as to relieve the owner or lessee 
 of lands, upon which fires may burn or be started, 
 from the duty of extinguishing such fire so far as may 
 lie within his power. 
 
 No owner or lessee of land upon which fire may burn 
 or be started, nor any person during employment 
 with such owner or lessee, nor any other person with 
 a present vested interest in such land, shall receive 
 compensation under this act for extinguishing fire 
 upon his land or the land to which his interest is at- 
 tached. 
 
 No person who is responsible for the spreading of a 
 fire to a wodlot, forest, or wild land, nor any person 
 in his employ, may receive compensation from a fire- 
 warden for helping to extinguish such fire. 
 
 ARTICLE VIII. ^ 
 
 Railroads. 
 
 Section 801. All steam and electric railroad com- 
 panies owning or operating lines of railroad within 
 the State shall put into effect such reasonable regu- 
 lations for the prevention of forest fire as may be 
 deemed necessary by the chief forest fire-warden, pro- 
 viding the regulations be a improved by the Public Ser- 
 vice Commission. 
 
GAME, FISH, AND FORESTRY LAWS. 329 
 
 ARTICLE IX. 
 
 Expenses. 
 
 Section 901. Expenses incurred under this act shall 
 be paid from the general forest protection appropria- 
 tion. 
 
 Section 902. No bills of expenses relating to the 
 protection of forests from iire incurred under this act, 
 shall be honoied by the cliief forest fire-warden unless 
 presented to him within sixty days after the expense 
 has been incurred. 
 
 Section 903. The Auditor General shall satisfy 
 himself as to the correctness of all bills transmitted 
 to him by the Commissioner of Forestry for expense 
 incurred under this act, and shall then draw his war- 
 rants against the eeneral forest protection appropria- 
 tion in favor of the persons and for the amounts shown 
 by the approved bills. 
 
 ARTICLE X. 
 
 Penalties. 
 
 Section 1001. Penalty for Neglect of Duty. — If a 
 fire-warden shall fail to perform his duty, or shall 
 render a false or fraudulent statement of service al- 
 leged to have been performed, or shall fail to pay 
 promptly the respective amounts due those who have 
 rendered service, after said amounts have been trans- 
 mitted to him, he shall be guilty of a misdemeanor, 
 and upon conviction thereof shall be fined a sum not 
 exceding one hundred dollars, or undergo imprison- 
 ment not exceeding three months, or both, in the dis- 
 cretion of the court. 
 
 Section 1002. Penalty for Refusing to Aid a Fire- 
 warden. — If any fire-warden, being in need of assist- 
 ance in the supervision of fire, shall call upon any 
 person to render assistance, and such person shall 
 refuse without a just and fair excuse he is hereby 
 declared to be guilty of a misdemeanor, and upon con- 
 viction thereof shall be sentenced to pay a fine not 
 exceeding one hundred dollars, or undergo imprison- 
 ment not exceding om- month, or both, in the discre- 
 tion of the court. 
 
380 GAME, FiSH, AND FORESTRY LAWS. 
 
 • 
 
 Section 1003. Penalty for Hindering an Officer in 
 bis Duties. — A person who shall prevent or obstruct, 
 or attempt to prevent or obstruct, a fire warden in the 
 performance of a duty required by this act, or the ex- 
 ercise of the rights of entry, access, or examination 
 by any warden or officer of this bureau, shall be guilty 
 of a misdemeanor, and upon conviction thereof shall 
 be sentenced to pay a fine not exceeding one hundred 
 dollars, or undergo imprisonment not exceeding one 
 month, or both, in the discretion of the court. 
 
 Section 1004. Penalty for Non-Abatement or Re- 
 moval of Nuisance. — Every person or corporation re- 
 fusing to comi)ly with an order of the chief forest fire- 
 warden for the abatement of a nuisance, under this 
 act, shall be guilty of a misdemeanor, and upon con- 
 viction thereof shall be sentenced to pay a fine of not 
 more than one hundred dollars, or undergo imprisont- 
 ment not exceeding one month, or both, in the discre- 
 tion of the court. In construing or enforcing the pro- 
 visions respecting the abatement of nuisances, under 
 this act, the neglect or refusal of any officer, agent, or 
 other person acting for or employed by a corporation, 
 and having within the scope of his employment the 
 supervision of the property complained about, shall in 
 every case be deemed to be the neglect or refusal of 
 the corporation itself. 
 
 Every day's continuance in the non-abatement of a 
 nuisance, after an order by the chief forest fire-warden 
 to abate the same, shall be a separate and distinct 
 offense. 
 
 If a preliminary injunction be granted or any inter- 
 locutory order of supersedaes intervene, no penalty 
 shall be incurred on account of non-abatement of such 
 nuisance for the period of time such injunction or 
 supersedaes is in force. 
 
 Section 1005. Penalty for Causing Forest Fire. — 
 Whenever a fire set by any person destroys property 
 belonging to another, it shall be prima facie evidence 
 that the loss occasioned is the result of negligence, 
 and that the person responsible therefor is guilty of a 
 misdemeanor. Upon conviction he shall be. fined not 
 exceeding one thousand dollars for each offense, cm- 
 undergo imprisonment not exceeding six months, oi' 
 both, in the discretion of the court. This section 
 shall not apply to the setting of a back fire in good 
 faith, to extinguish a fire then burning. 
 
GAME, FISH, AND FORESTRY LAWS. 331 
 
 Section 1006. Every steam and electric railroad 
 company, owning or operating lines of railroad with- 
 in the State, which shall neglect or refuse to put 
 into effect such reasonable regulations for the pre- 
 vention of forest fire as may be deemed necessary 
 by the chief forest fire-warden and approved by the 
 Public Service Commission, shall forfeit and pay to 
 the Commonwealth of Pennsylvania, for each neglect 
 or refusal, the sum of one hundred dollars, to be re 
 covered by an action of assumpsit, instituted in the 
 name of the Commonwealth by the Attorney General 
 in the court of common pleas of Dauphin County, 
 which court is hereby clothed with execlusive juris- 
 diction throughout the Commonwealth to hear and 
 determine such actions. 
 
 Every day's continuance in refusal to comply with 
 such regulations, after a notice from the chief forest 
 fire-warden and the lapse of a reasonable length of 
 time for compliance therewith, which time shall be 
 fixed in the notice, shall be a separate and distinct 
 offense. 
 
 Section 1007. Disposition of Fines. — Moneys re- 
 ceived from the payment of fines shall be paid to the 
 treasurer of the county in which suit is brought, for 
 the use of the county, except as otherwise provided in 
 this act. 
 
 ARTICLE XI. 
 
 Section 1101. When, in the judgment of the Com- 
 missioner of Forestry, he deems it necessary for gen- 
 eral forest protection that causes or agencies injur- 
 ious to trees and forests, other than fire, be investi- 
 gated, reported upon, or abated, he is hereby author- 
 ized to assign to the Bureau of Forest Protection 
 persons competent for such work. The salaries of 
 sucJi persons, so assigned, shall be fixed by the Com- 
 missioner of Forestry, and shall in no case exceed the 
 ordinary and usual amount paid for such services. 
 Salaries and expenses shall be paid out of the general 
 forest protection appropriation. 
 • 
 
332 
 
 GAME, FISH, AND FORESTRY LAW S. 
 
 ARTICLE XI L 
 
 Section 1201. This act shall tnkc ilTcoi June first. 
 Olio thousand nine hundred and iiltocu, or, if a^)- 
 proved subsequent to that date, upon date of approv- 
 al. All appropriations for foiosts fire protection 
 which shall be made at the legislative session of one 
 thousand nine hundred and fifteen shall be deemed to 
 have been appropriated for general forest protection, 
 and shall be expended for that purpose by the De- 
 partment of Forestry. 
 
 ARTICLE XIII. 
 
 Repeal. 
 
 Section 1301. All acts or parts of a.ts inconsist- 
 ent with or supplied by this act are repealed. 
 
 Approved— The 3d of June, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 1915, V. L 
 815. 
 
 P(!partiiiont 
 of Forestry. 
 
 Co-opera- 
 tive agree- 
 ments for 
 the preven- 
 tion and sup- 
 pression of 
 forest flres. 
 
 AN ACT 
 
 To permit the Department of Forestry to enter into 
 co-operative agreements with county, township, mu- 
 nicipal, and private agencies for the prevention and 
 suppression of forest fires, and providing a method 
 of payment of the expenses arising thereunder. 
 
 Section 1. Be it enacted, &c., That the Depart- 
 ment of Forestry is authorized to enter into agree- 
 ments for the prevention and suppression of forest 
 fires with county, township, municipal, and private 
 agencies owning or controlling woodlots, forests, or 
 wild lands, or whose activities in whole or in part are 
 directed toward the prevention and suppression of 
 forest fires. The department is authorized to expend 
 from its general forest fire apr>ropriation, for such 
 protective and preventive purposes as it deems effec- 
 tive, a sum of money equal in amount to the Amount 
 which shall be expended by such egencies in accord- 
 ance with such agreements. All expenditures must 
 first be presented to the Department of Forestry in 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 333 
 
 monthly statements, in form and manner prescribed Monthly 
 for the payment of any sum from the forest fire ap- statenionis. 
 propriation. "l^hc Commissioner of Forestry shall . ,,^ 
 audit the same and transmit them to the Auditor "* 
 General, who shall then draw his warrant for one- wi(riimit>. 
 half of the amount of expenditures approved by the 
 Commissioner of Forestry, 
 
 Section 2. That every county, township, munici- Annual 
 pal, or private agenoy working under agreement with '^^p^'^'*- 
 the department, in accordance with this act, shall 
 render to the department, at the end of each calendar 
 year, a report setting forth a complete itemized state- 
 ment of expenditures made with a view to the pre- 
 vention and suppression of forest fires, and stating 
 such other information as the department may re- 
 quest. The financial statement and facts relating 
 thereto shall be accompanied by an affidavit sub- 
 scribed to by the person authorized to make the re- 
 port. • > 
 
 Section 3. All acts and parts of acts inconsistent Repeal, 
 with or supplied by this act are repealed. 
 
 Approved— The 4th day of June, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 AN ACT 
 
 Empowering the Department of Forestry to grant -jj,^- j, ^ 
 
 rights of way through the State forests. sis!' 
 
 SoetioB 1. Be it enacted, &c.. That the Depart- BepartmcMt 
 
 merit of Forestry is hereby empowered to grant rights •^ Forestry, 
 
 of \\:\y through State forests to individuals or cor- (;,.j,,^^ ^f 
 
 porjitions who may apply therefor, when it shall ap- ris'uts «t 
 
 pear to the department that the grant of a right of way through 
 
 way will not so adversely affect the land as to inter- ^^**'^«^ forests, 
 fere with its usual and orderly administration, and 
 when it shall appear that the interests of the Com- 
 monwealth or of its citizens will be promoted by such 
 grant. 
 
 Section 2. A right of way, under this act, is here- "itj^ht »f 
 
 by construed to include a passage, haulage, flowage, way*^' de- 
 
 or transmission for any lawful purpose. fined. 
 
884 
 
 Repeal. 
 
 GAME, PISH, AND FORESTRY LAWS. 
 
 Section 3. All acts or parts of acts inconsistent 
 with or supplied by this act are repealed. 
 
 Approved — The 4th day of June, A. D. 1915. 
 
 MARTIN O. BRUMBAUGH. 
 
 
 I'. L. 
 
 Departmeut. 
 of Forestry. 
 
 Purchase of 
 surface 
 rignts to 
 land. 
 
 Outstanding 
 rights. 
 
 Repeal, 
 
 AN ACT 
 
 Authorizing the Departmeut of Forestry to purchase 
 surface rights to lauds, for use as State forests. 
 
 Section 1, Be it enacted, &c., That the Depart- 
 ment of Forestry is hereby authorized to purchase 
 and receive conveyance of surface rights to any lands 
 within this Commonwealth, for forestry purposes, 
 and to hold such lands as State forests. 
 
 Section 2. Where the title to any such land is sub- 
 ject to outstanding rights conveying waters, minerals, 
 oil, gas, or other valuable deposits, or any privileges 
 or reservations whatsoever, the Department of For- 
 estry may, in its discretion, accept conveyance of the 
 surface rights to such lands, where the administra- 
 tion of scientific and practical forestry will not be 
 interf erred with or made impossible by such outstand- 
 ing rights, privileges, or reservations. 
 
 Section 3. All acts or parts of acts inconsistent 
 with this act are hereby repealed. 
 
 Approved— The 8th day of May, A. D. 1917. 
 
 MARTIN G. BRUMBAUGLT. 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 335 
 
 AN ACT 
 
 Permitting the Department of Forestry to lease for 
 agricultural purposes small areas of land which, 
 from time to time, it may acquire in the purchase 
 of lands for State forests, and which areas shall 
 he determined to be more useful for the growing of 
 agricultural crops than for forests-trees. 
 
 Section 1. Be it enacted, &c,, That, whenever the 
 Department of Forestry shall acquire lands for State 
 forest purposes, included in which in the judgment of 
 the Department there may bo small areas better 
 suited for ordinary agriculture than for the growing 
 of forest-trees, the Department may execute leases for 
 such agricultural land to those who will plant it in 
 ordinary agricultural crops and cultivate it, at such 
 rate of rental as shall be equitable, and under such 
 conditions as the Department may deem necessary 
 and useful, for the purpose of bringing into a state of 
 food-plant production such areas as are normally bet- 
 tor suited for agriculture than for other purposes. 
 
 Section 2. All leases for such agricultural areas 
 shall be for a term not exceeding tenyears, and may 
 be terminated earlier by mutual agreement of the par- 
 ties. At the expiration of the term, a renewal of the 
 lease may be made for a like term, or a lesser period, 
 upon the same or such new conditions as may be 
 mutually satisfactory. 
 
 Section 3. If rrt^re than one person shall apply for 
 the same tract, the lease shall be advertised for sale 
 in three local county papers, if there be so many, 
 once a week for three weeks, and may then be award- 
 ed to the highest responsible bidder, if said bid is 
 satisfactory in amount to the Department of For- 
 est rv. 
 
 Section 4. At the termination of any such lease 
 the lesseee shall have the privilege of removing from 
 tlie land buildings and fences which may have been 
 placed there at his own expense, or the same may be 
 purchased by the lessor, as a part of the permanent 
 improvement of the tract, upon such terms as may be 
 just and mutually satisfactory to the parties. 
 
 19i7, r. L. 
 7Sl. 
 
 DepartiiK'nt 
 of Forestry. 
 
 Leasing of 
 small areas 
 of land for 
 asrirultu re- 
 
 Term of 
 leases. 
 
 Renewals. 
 
 Advertise- 
 ment of sale 
 of leases. 
 
 Removal <if 
 buildings and 
 fences. 
 
336 
 
 GAME, FISH, AND FORESTRY LAWS. 
 
 Certaiu lauds 
 not to bo 
 leased. 
 
 Section 5. Where such land must necessarily hv 
 retained in cultivation for Department purposes, or 
 for the use of Department employes, the Department 
 may, in its judgment, decline to receive bids and exe- 
 cute leases for such tracts. 
 
 Approved— The 11th day of July, A. D. 1917. 
 
 MARTIN G. BRUMBAUGH. 
 
 state school 
 fund. 
 
 How p(»ns1i- 
 tuted. 
 
 Proviso. 
 
 Control and 
 manage- 
 ment. 
 
 Separate 
 acc«n«t. 
 
 SECTIONS OF THE SCHOOL CODE RELATING 
 TO FORESTS AND FORESTRY, AS AMEND- 
 ED BY ACT OF JUNE 4, 1915, P. L. 825. 
 
 Section 2701. The receipts and proceeds derived 
 in any way from, or on account of, the forest reser- 
 vations, now or hereafter acquired by this Common- 
 wealth, together with all water-powers and water- 
 rights belonging to this Commonwealth in the 
 streams, rivers, lakes, or other waters of this Com- 
 monwealth, and all real estate owned by this Com- 
 monwealth which is not used for State or other pub- 
 lic purposes, all escheated estates in this Common- 
 wealth, and all other property or money which shall 
 in any way accrue to such fund, whether by Act of 
 Assembly, devise, gift, or otherwise, shall belong to 
 and constitute a fund, to be known and designated as 
 "The State School Fund of Pennsylvania," which is 
 to be maintained as herein provided : Provided, how- 
 ever. That the forest reservations shall continue to be 
 wholly under the control of the State Forest Reser- 
 vation Commission, as now provided by law. 
 
 Section 2702, All real and personal property be- 
 longing to the State School fund shall be wholly 
 under the control and management of the State Board 
 of Education. All receipts derived in any way from, 
 or on account of, the State forest reservations, or 
 from, or on account of, any real or personal property 
 belonging to the State school fund, and all other 
 moneys accruing to said fund, shall always be prompt- 
 ly paid to the State Treasurer, and kept by him in a 
 separate account, subject to the disposal of the State 
 Board of Education as herein provided ; and the State 
 Treasurer shall deposit said funds in the properly 
 authorized depositories for State funds, and shall 
 
GAME, FISH, AND FORESTRY LAWS. 
 
 337 
 
 nikl to .such funds the interest received from the de- 
 positories for the use of the same. All income de- income, 
 rived from any investments of the State school fund 
 shall be paid to the State Treasurer, and kept de- 
 posited as herein provided in a separate account, sub- 
 ject to the order of the State Board of Education. 
 The State Treasurer and his bondsmen shall be re- 
 sponsible for the safe-keeping of, and accounting for, 
 said funds, in the same manner and under the same 
 penalties as for the safe-keeping of, and accounting 
 for, the other funds of this Commonwealth. 
 
 Approved — The 4th day of June, A. D. 1915. 
 
 MARTIN G. BRUMBAUGH. 
 
 AN ACT 
 
 r?'o\iding a fixed charge on lands acquired by the '^or. 18, 1919 
 State to be held as State forests, and the distribu- ^' '^ 
 tion of the same for county purposes within the 
 counties where State forests are located. 
 
 Section 1. Be it enacted, &e.. That from and after 
 the passage of this act, all lands now acquired or 
 lioreafter to be acquired by the Commonwealth for 
 State forests, shall be subject to an annual charge 
 of one cent per acre for the bonetit of the counties in 
 which said State forc^sts are located. 
 
 Section 2. The Commissioner of Forestry shall 
 certify the respective areas in the counties to the 
 State Treasurer, and the State Treasurer shall pay 
 the amount of the charge in favor of each county in 
 the same manner as the fixed charges upon State 
 forests for road and scliool purposes are now certified 
 and paid. 
 
 Section 3. All acts or parts of acts inconsistent 
 herewith be, and the same are hereby, repealed. 
 
 Approved— The 18th day of April, A. D. 1919. 
 
 WM. C. SPROUL. 
 
 .^tate forest!. 
 
 Charge 
 tliereon. 
 
 For county 
 pui-poses. 
 
 Kftum by 
 Commis- 
 sioner of 
 Forestry. 
 
 Payment by 
 State Treas- 
 urer. 
 
 Repeal. 
 
 22 
 
338 
 
 GAME, FISH, AND FORESTKY LAWS. 
 
 AN ACT 
 
 July 7th, 1919 
 W L. 723. 
 
 Departments 
 of Forestry 
 and Conserva 
 lion. 
 
 Land for 
 forestry pur- 
 pose. 
 
 Eminent 
 domain. 
 
 Riglii of ontrj 
 
 Tetition to 
 (.•curt. 
 
 .Vppointment 
 of viewers. 
 
 Time of vie-w 
 
 Notice of 
 liearing. 
 
 Swearing of 
 viewers. 
 
 Hearing. 
 
 Providing for the condemnation by the Common- 
 wealth of lands suitable and desirable for forestry 
 purposes, and defining the powers and duties of 
 the Department of Forestry or the Department of 
 Conservation in relation thereto. 
 
 Section 1. Be it enacted, &c.. That whenever the 
 State Forestry Reservation Commission or the Com- 
 mission of Conservation desires to acquire land suit- 
 able and desirable for forestry purposes for the use 
 and benefit of the State as forestry lands, and a price 
 for such lands cannot be agreed upon with the own- 
 er or owners thereof, or where such owner or owners 
 cannot be found, in all such cases the Department of 
 Forestry or the Department of Conservation is au- 
 thorized to acquire the said lands by condemnation. 
 
 Section 2. The Commissioner of Forestry or the 
 Commissioner of Conservation, on behalf of the Com- 
 monwealth, may enter upon any of such lands and 
 take possession thereof. Thereupon the commissioner 
 of forestry or the commissioner of conservation, 
 through the Attorney General, or any of the owners, 
 if known, may apply to the court of common pleas of 
 the county wherein such lands are located for the ap- 
 pointment of viewers. The court shall appoint three 
 viewers, and shall appoint a time, not less than 
 twenty nor more than thirty days after the presen- 
 tation of such petition, when the viewers shall meet 
 upon the lands and view the same and all improve- 
 ments in connection therewith. 
 
 Section 3. The viewers shall give at least ten days 
 notice of their first meeting to the Commissioner of 
 Forestry or the Commissioner of Conservation, and 
 to the Attorney General, and to the owners of such 
 land, if known. If the owners of such lands are un- 
 known, notice shall be given in at least two news- 
 papers in such manner as the court may direct. The 
 viewers, having been sworn or affirmed faithfully, 
 justly, and impartially to decide and a true report to 
 make, concerning all matters to be submitted to them 
 in relation to which they are authorized to inquire, 
 and having viewed the lands and premises, shall hear 
 
GAME, PISH, AND FORESTRY LAWS. 
 
 339 
 
 the parties and their witnesses, and shall estimate 
 and determine the value of the property so taken. 
 Where the owner of such lands and premises is un- 
 known, the viewers shall estimate and determine the 
 value of the land and improvements upon the testi- 
 mony of the witnesses for the Commonwealth and 
 any witnesses called by the viewers. 
 
 Section 4. The. viewers shall prepare their report 
 and shall give at least ten days written notice of a 
 time and place where they will meet and exhibit their 
 report and hear all exceptions thereto. If any own- 
 ers of said lands are unknown, notice shall be given 
 in two newspapers in the same manner as the notice 
 of their first meeting was given. 
 
 Section 5. After making whatever changes are 
 necessary, the viewers shall report to court, show- 
 ing the damages allowed, and, if* necessary, shall also 
 file a plan showing the property taken. In all cases 
 where the owners are known, the report shall also 
 state to whom the damages are payable. In cases 
 where the owners of the property are not known, 
 that fact shall be clearly stated in the report. 
 
 Section 6. When the report is filed, notice thereof 
 shall immediately be given to the Commissioner of 
 Forestry or the Commissioner of Conservation, the 
 Attorney General and the owners of the land where 
 known, which notice shall state that, unless excep- 
 tions bo filed thereto within thirty days after the fil- 
 ing of the report, tlie same will be confirmed abso- 
 lutely. Where any owners of such lands are un- 
 known, notice shall be given in at least two news- 
 papers in such manner as the court shall direct. 
 
 Section 7. Within thirty days after the filing of 
 any report, the Commonwealth, or the owners of such 
 lands, may file exceptions to the same, and the court 
 shall confirm, modify, or change such report, or refer 
 the same back to the same or new viewers. 
 
 Section 8. When the report is filed, the prothono- 
 tary shall mark it "confirmed nisi." In case no ex- 
 ceptions are filed thereto within the time herein spec- 
 ified, the court shall make a decree that the report is 
 confiremd absolutely, which degree shall be entered 
 by the prothonotary. 
 
 Section 9. Within thirty days after any report of 
 viewers is filed under this act, the Commonwealth or 
 the owners of such land may appeal to the court of 
 common pleas and demand a trial by jury. Within 
 
 Eslimuliiiii of 
 dam ages. 
 
 Hoariiij; uf 
 objections to 
 report by 
 viewers. 
 
 Notice. 
 
 Report to 
 court. 
 
 Notice of fil- 
 ing: of If'pdl ( . 
 
 Exceptions. 
 
 Confiiniii t i<iii 
 niisi. 
 
 Absolute 
 contirnijitidii. 
 
 Jiuy trial. 
 
'MO GAME, FISH, AND FORESTRY LAWS. 
 
 six mouths after a coufirmatiou absolute od cxceji- 
 tioiis, or witliin six months after a verdict and final 
 judgment on appeal for a jury trial., the Commissioii- 
 Aii[Kai tc (sr of Forestry or the Commissioner of Conservation 
 
 stijjieiuo (u or the owners of such laud may appeal to the Su- 
 rour""' prerae or to tlie Superior court, as in other cases. 
 
 Payment of Section K). When the amount payable to the own- 
 
 damages er of such land has been finally determined, the same 
 
 aw.irded. shall be paid by the Commissioner of Forestry or the 
 
 Commissioner of Conservation from the appropria- 
 tions that may be made for such purposes ; all costs 
 in connection with any such procedings shall be paid 
 by the^ Commonwealth. 
 Where land Section 11. When the owners of such lands are 
 
 uv,ncis are unknown, the Commissioner of Forestry or the Com- 
 iiiiiuio'*\n. missioner of Conservation may enter upon and ap- 
 
 propriate the land for the use of tiie State as herein 
 provided. In all cases where the owners of lands 
 are unknown, and the report of viewers has been fin- 
 ally confirmed, the Commonwealth sliall be liable for 
 all damages awarded therein. If at any time after 
 the final confirmation of the report of viewers any 
 person appears and proves title to said lands, such 
 persons shall be entitled to, and receive from the 
 Commonwealth, the sum so awarded by the viewers. 
 Any such claimant of the land may petition the court 
 of common pleas of the county wherein the land is 
 h)cated, giving a brief outline of the facts upon whicli 
 the claim is based. Thereupon the court shall direct 
 an issue to be framed, wherein the claimant shall ap- 
 pear as plaintiff and the Commonwealth of Pennsyl- 
 vania as defendant. Such issue shall be tried accord- 
 ing to the rules of procedure and evidence governing 
 trials in ejectment, with a right of appeal by either 
 party to the proper appellate court. If the final 
 judgment on such issue is in favor of the plaintiff, 
 tlie sum awarded by the report as finally confirmed 
 shall be paid by the Commonwealth to said claimant. 
 Tiie party to the action against whom the judgment 
 is entered shall be liable for the costs as provided by 
 law in other civil actions. 
 
GAME, FISH, AND FORESTRY LAWS. 341 
 
 Section 12. The Department of Forestry or the control ana 
 
 Department of Conservation of the Commonwealth supcrvisioji of 
 
 shall have the control and supei*visiou of all such lands ac- 
 
 lands acquired under the provisions of this act. AH ^""'^'^ ■ 
 
 income and revenue derived from said lands shall be income and 
 
 expended, in the same manner, and for the same pur- revenue, 
 poses, as provided by law for the expenditure of the 
 income from the state forests. 
 
 Approved— The 7th day of July A. D. 1910. 
 
 WM. 0. SPROUL. 
 
842 GAME, FISH. AND FORESTRY LAWS. 
 
 RULES FOR THE GOVERNMENT OF STATE FORESTS. 
 
 1. The ijcoplo of Peunsylvania are invited to avail themselves 
 freely of the use of the State Forests as outing grouiids for gen- 
 eral recreation and educational purposes, subject to these rules 
 and the statutes of the Commonwealth. 
 
 2. Living trees must not be cut down or injured in any man- 
 ner except as may be specially permitted by the Commissioner 
 of Forestry. 
 
 3. Springs and streams must not be contaminated. 
 
 4. Birds' nests must not be destroyed or in any other manner 
 interfered with. 
 
 5. Lighted matches, cigars, cigarettes, or hot ashes from pipes 
 must not be thrown upon the ground. In every case they must 
 be allowed to burn out or be otherwise extinguished. 
 
 6. The grazing of horses, cattle, sheep, and hogs within State 
 Forests is prohibited, except under direction of the Commissioner 
 of Forestry. 
 
 7. The placing of advertisements within the State Forests is 
 pi'ohibited. 
 
 8. No poison shall be set in a State Forest within one mile of 
 any human habitation ; and when set shall be indicated by a con- 
 spicuous warning notice that may easily be read by persons ap- 
 proaching the locality. 
 
 9. All persons who desire to enjoy the privileges of a State 
 Forest, remaining for a time less than a day, and not over night, 
 are not regarded as campers and will not be required to procure 
 camping permits, but will be governed in all other respects by 
 these rules. All necessary fires shall be made in strict accord 
 with these rules. 
 
 10. All persons who desire to camp within a State Forest must 
 first apply to the Commissioner of Forestry. A blank form of 
 application upon which is printed a copy of the rules for the 
 government of campers will be forwarded to the applicant, who 
 must sign and return it to the Commissioner. If in proper form, 
 in the absence of other objections, a permit will be granted for 
 a period of three weeks. 
 
 il. No person will be permitted to erect a camp who has not 
 ))romised in writing to obey the camping rules and has not re- 
 ceived a camping permit. Every camping party, before selecting 
 a camp site or pitching a camp, must report to a forest officer, 
 who will assign a suitable site within the region where it is 
 desired to locate. 
 
GAME, FISH, AND FORESTRY LAWS. 343 
 
 .12. Open cnmp fires must not be made, except in a hole or pit 
 encircle*]^ by the earth taken out. All other fires are prohibited 
 except thoRc in a building or tent, or those contained in a proper 
 and safe fire-holding receptacle. 
 
 13. Open camp fires must be extinguished before the last mem- 
 ber of the party leaves the locality. All fires must be carefully 
 guarded at night. 
 
 14. Dead and down timber may be used for camp fires, and 
 may be procured under the direction of a forest officer. 
 
 15. Every person receiving a camping permit is required to 
 report to the Commissioner of Forestry any violation of law or of 
 the rules for the government of State Forests, coming under his 
 observation. 
 
 16. Permanent camps may be established only in accordance 
 with the law permitting them and the spoeial rules adopted by the 
 Department for their regulation and control. 
 
 17. Persons who violate the law or these rules may be denied 
 future privileges within the State Forests. 
 
 18. Forest ofiicers are required to remove immediately from 
 State Forests all persons who violate the law or these rules. 
 
 19. Forest officers, without first procuring a warrant, are vested 
 by law with power to arrest on view all persons detected by them 
 in the act of trespassing upon forest or timber lands within the 
 Commonwealth, under such circumstances as to warrant the reas- 
 onable suspicion that such persons have committed, are com- 
 mitting, or are about to commit an offense against the laws now 
 enacted or hereafter to be enacted for the protection of forest and 
 timber lands. They are likewise vested with similar powers to 
 arrest in case of a violation of these rules. 
 
 COMMISSIONER OF FORESTRY. 
 Revised and adopted Sept. 7, 1917. 
 
;^44 GAME, FISH, AND FOKESTRY IvAVVS. 
 
 RULES FOR THE GOVERNMENT OF PERINIANENT CAMT' 
 
 LEASEHOLDS. 
 
 1. The tract leased shall not be used by the lessee to conduct 
 a business of any character, nor for the sale of commodities, ex- 
 cept where the Department shall deem such business necessary 
 for the convenience and accommodation of the community and 
 then only after the making of a proper application to the De- 
 partment for special permission to conduct the same, provided the 
 Department approve the application and direct that the lessee may 
 conduct such business. 
 
 2. The lessee shall devote tlie tract leased to the primary pur- 
 pose described in the Act of Assembly, and shall not use the same 
 nor permit any other person to use the same or to devote such 
 tract to a use which may bring discredit and unfavorable public 
 criticism upon the Department. Of the propriety of use the De- 
 partment is hereby made the sole judge. 
 
 3. The lessee must prevent the pollution of springs and streams 
 which may be upon the leased tract or nearby within the State 
 Forest, or on private land, and must keep and maintain the leased 
 area in a sanitary and sightly condition and comply with all the 
 health inspection laws of the Commonwealth of Pennsylvania. 
 
 4. The lessee and all other persons who may be entitled to par- 
 ticipate in the use of said tract or may be invited as guests to 
 participate with the lessee in the use of the premises, must respect 
 and obey all laws now made or which hereafter may be made re- 
 lating to forest, fish, and game. The careless use of fire upon 
 said tract or in any buildings which may be thereon erected, an«l 
 the_ wanton discharge of fire arms therein or thereon, are pro- 
 hibited. Fire must not be permitted to run from the leased area 
 out into the forest, and all chimneys on any buildings which may 
 be erected thereon shall be so constructed as to minimize the 
 danger of forest fires from sparks issuing therefrom. The building 
 of bonfires is forbidden. The use of fire works and the sending 
 up of rockets and fire or toy balloons is prohibited. Burning 
 matches or hot ashes from pipes must not be thrown about in a 
 careless manner or among inflammable material. 
 
 5. Tlie right of ingress to and egress from the leased area and 
 the privilege to enter thereon at all times and as often as may 
 be desirable on the part of the lessee or by those authorized by 
 him, for all proper purposes, is hereby assured to the lessee. 
 
GAME, FISH, AND FORESTRY LAWS. 845 
 
 6. The gathering of flowers from the wild herbaceous plants 
 of the goods to be used for ordinary decorative purposes is not 
 objectionable, but should be exercised by the lessee and those 
 occupying the premises with him in such moderation that wild 
 plants may not become extinct in the neighborhood. The destruc- 
 tion of growing trees or ornamental shrubbery or any injury there- 
 to is prohibited, except the same be done with the permission of 
 the Department. 
 
 7. The Department reserves the right to fix the location of any 
 building which the lessee may desire to erect upon the leased area, 
 and to determine the minimum value of such building. All plans 
 and specifications for the erection of buildings shall, at the call 
 of the Department, be submitted for criticism and inspection and 
 be accompanied by a certificate of the architect or builder, as to 
 the minimum cost of such building. 
 
 8. Should the lessee desire simply to erect tents and tent floors 
 instead of building a more permanent kind of structure, the same 
 shall be deemed to come within the purview of the act and within 
 the authority granted by this lease. 
 
 9. Every lessee shall have the privilege of using, at an agreed 
 price, dead and down wood from the nearby State Forest, w^hich 
 wood is to be used by him only for fire and fuel purposes, and to 
 be procured by him only after permission has ben given by an 
 officer of the Department. 
 
 10. Whenever violations of the laws of the Commonwealth or 
 of the rules of the Department relating to the use of the State 
 Forests shall come to the notice of the lessee, he hereby agrees 
 to give information of the same to the Department. The lessee 
 likewise agrees to abide by all the rules now made for the govern- 
 ment of the State Forests or which may be adopted in the future. 
 
 11. The lessee may make application for a renewal of this 
 lease by filing with the Department an application in writing 
 three (3) months prior to the expiration of the term for which it 
 granted; but tlie Department will exercise its discretion 
 whether or not the lease shall be renewed ; and if renewed, 
 whether on the same or upon different terms : and if in the judg- 
 ment of the Department it be deemed necessary or expedient that 
 a renewal of the lease be refused nothing therein contained shall 
 be construed to limit the right of the Department so to do. No 
 assignment of this lease, nor subletting of premises, shall be made 
 by the lessee to any third person, except the same shall first be 
 approved by the Department. 
 
 12. Should the lessee violate any of the conditions contained in 
 this lease or any of the general laws of the Commonwealth or the 
 rales of the Department for the government of the State Forest, 
 the Department may upon proper proof thereof rescind and vacate 
 this lease and require the lessee to remove at once from the leased 
 
346 GAME, FISH, AND FORESTRY LAWS. 
 
 land; and all buildings or other structures thereon erected by the 
 lessee shall become the property of the Commonwealth if the lessee 
 shall not within a reasonable time, to be fixed by the Department, 
 remove the same therefrom ; but in every such case the Depart- 
 ment will receive the application of the lessee or of a third person 
 for the approval of an assignment of the lease to a third person 
 for the remainder of the term and of the sale of any buildings on 
 the leased area by the lessee to the intended assignee of the lease. 
 
 13. For the sake of the protection of the State Forest as well 
 as for the protection of any buildings which may be erected upon 
 the leased land, the lessee is required to assist in the extinguish- 
 ing of all forest fires wliich may originate within a reasonable 
 distance of the leased land, and to use all reasonable means to 
 discover where and how the fire originated and report such dis- 
 coveries to the Department, provided, however, that at the time of 
 the fire the lessee be present occupying the leased premises. 
 
 14. The Department reserves the right to inspect the leased 
 premises at all times, in order to determine whether this lease 
 is being fully complied with. 
 
 15. The forester representing the Department on the reserve 
 wherein the leased premises are situate, shall be supplied with a 
 duplicate key to every cottage or other building erected on the 
 leased land, as aforesaid, in order that in the absence of the lessee 
 or his family and guests the premises may be inspected from time 
 to time to see that they remain in good order and condition and 
 should the forester or any of his emplyes at any time be overtaken 
 by storm or other cause making it necessary that they be accorded 
 shelter while on that part of the reserve wherein the leased prem- 
 ises are situate, the privilege to use said cottage or other building 
 erected thereon for such emergency purposes is reserved to the 
 Department ; it being understood and agreed that such use will be 
 temporary and will be_exercised only in case of emergency, and of 
 which the forester shall be the sole judge. 
 
 16. Under the direction of the Department the lessee may at 
 his own expense repair old roads or construct new ones to the site 
 of the leased premises so as to make the locality more accessible. 
 He may likewise at his own expense and under the same direction 
 erect telephone lines to connect his cottage or other buildings with 
 other lines in the neighborhood, and for this purpose the Depart- 
 ment will furnish the necessary poles provided they may be con- 
 veniently had in the locality where the line is to be built ; but the 
 cutting, removal, and planting of the same and the stringing of the 
 wires thereon must be done by the lessee and at his own expense 
 The Department shall have the use of all such telephones on the 
 leased premises and without charge, except in case of a toll or a 
 long distance call. 
 
GAME, FISH, AND FORESTRY LAWS. 347 
 
 17. The hitching of horses to trees on the leased area is pro- 
 hibited. For hitching purposes the lessee is requested to plant 
 proper posts or otherwise provide for this need. 
 
 18. Under the direction of the Department it will be the duty 
 of the lessee to clear the leased premises of decayed wood, briars, 
 weeds, or other growth of worthless stuff, and of such trees as are 
 not required for "nurse" trees, and to keep the premises in a con- 
 dition to prevent, so far as possible, any spread of or invasion by 
 fire. 
 
 19. The Department being desirous of promoting the use of the 
 State Forests for general recreation and outing purposes, it will 
 at all times be open to receive suggestions from the lessee with 
 respect to such use of the lands, and will from time to time tender 
 to the lessee and his family and guests such other assistance not 
 herein specifically enumerated as will be proper for the Depart- 
 ment to render, in order to promote the purposes for which the 
 Act of Assembly was enacted, as well as the comfort and con- 
 venience of the lessee. 
 
348 GAME, PISH. AND FORESTRY I^A\A^S. 
 
 FACTS RELATING TO PENNSYLVANIA STATE FORESTS 
 
 Because of the value of forests of the Commonwealth, the State 
 authorized the purchase of mountain lands in 1897, for the es- 
 tablishment of State Forests. 
 
 The area of State Forests to date is 1,041,491 acres, located in 
 the following 27 counties : Adams, Bedford, Cameron, Centre, 
 Clearfield, Clinton, Cumberland, Dauphin, Elk, Franklin, Fulton, 
 Huntingdon, Jefferson, Juniata, Lackawana, Lycoming, Mifflin, 
 Monroe, Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, 
 Westmoreland, and Wyoming. 
 
 The cost of this vast domain is $2,375,110.55, or an average of 
 $2.28 per acre. 
 
 The State Forest Academy was established in 1903 to train 
 young men in practical forestry, to care for the State Forests. 
 One hundred and one foresters have been graduated from this in- 
 stitution. 
 
 The Department of Forestry now employes fifty-eight foresters 
 and ninety-two rangers. Sixty-one members of the Department 
 entered military service during the great German War. 
 
 Over 5,500 miles of roads, trails, fire lanes and boundary lines 
 have bsen built, opened, or repaired. Over 300 miles of telephone 
 lines have beeen built. More than 130 fire observation towers, 
 liave been constructed, but because of insufficient funds only nine 
 of them are of steel. 
 
 One hundred and fifty-four buildings have been erected for the 
 housing of foresters, rangers, and equipment. 
 
 Twelve hundred springs have been cleaned, walled, and made 
 accessible. 
 
 A million fish have been planted in State Forest streams. 
 
 Three thousand five hundred hand boards have been posted for 
 guidance to hunters, campers, and other visitors to the State 
 Forests. 
 
 More than 250 improvement cuttings have been made on the 
 State Forests. 
 
 Four large tree nurseries and twenty small ones are in opera- 
 tion with a combined capacity of over 10,000,000 trees a year. 
 
 Forest tree seedlings for reforesting are given to private in- 
 dividuals without charge. Over 5,500,000 trees have been given 
 away in the last two years. 
 
 Over 34,000,000 forest tree seedlings have been planted on about 
 21,000 acres of the State Forests. 
 
 Mineral deposits are being developed as needed. 
 
GAME, FISH, AND FORESTRY LAWS. 340 
 
 The sale of material from the State Forests has yielded over 
 $185,000, which has been set aside for "The State School Fund of 
 Pennsylvania." All future receipts from State Forests will be 
 placed in the School Fund. 
 
 The first Commissioner of Forestry established the first State 
 tuberculosis sanitorium on the Mont Alto Forest. It is now one 
 of the largest in America. 
 
 Eighteen out of 24 Game Preserves are established on State 
 Forests. 
 
 Campers, hunters, rind fishermen are invited upon State land. 
 Camping permits are issueii free of charge. 
 
 Camp sites may be leased at a nominal price for a period of ten 
 years. 
 
 State Forests afford employment where work is scarce. 
 
 A demand for the raw products of State Forests is being de- 
 veloped and partially met. 
 
 Cities, boroughs, and villages, with a total population of over 
 a quarter of a million draw their water supplies directly or in- 
 directly from water sheds in State Forests. 
 
 The flow and purity of streams, which head within them, are 
 regulated and conserved. 
 
 Road districts and school districts receive in lieu of taxes two 
 cents per acre for State land situate within them. 
 
 Counties receive one cent per acre for county purposes. 
 
 The total cost of State forestry work, excluding land purchases, 
 amounts to about $2.25 per acre for the area now owned. 
 
 The State Forests represent an asset of at least $12,000,000 and 
 their benefits will multiply in geometrical ratio as the Legislature 
 permits a business-like development. 
 June 1, 1919. 
 
(35(0) 
 
INDEX TO FORESTRY LAWS 
 
 A. 
 
 Page. 
 Acts, certain, prohibited in forest or timber land, ..265-267-289-302-306-328 
 
 Academy, Forest 283 
 
 Advertisement by Coxmty Commissioners, 269 
 
 Agricultural areas in State forests may be leased, 335 
 
 Annual charge on land for schools, road and county, 284-301-337 
 
 Annual charge on land under Auxiliary Forestry Reserve Act 312-315 
 
 Appeal 266-290-292-293-297-314-340 
 
 Appication for permit to camp, 342 
 
 Appalachian Reserve, may be established in Pennsylvania 303 
 
 Appointment of Commissioner of Forestry, 274 
 
 Appointment of Forest Wardens, 274-281-316 
 
 Appointment of fire officers 321-324-325 
 
 Appointment of detectives 278-278 
 
 Appraisers, 168-297-313-338 
 
 Arrest 272-281-327-343 
 
 Arrest, warrant for, 281 
 
 Arrest, without warrant 272-281-327-343 
 
 Assessment and taxation under Forestry Reserve Act, 312 
 
 Assessors, duties of, 268 
 
 Assistance In extinguishing fire, compelling, 327 
 
 Attorneys may be employed 276-278 
 
 Auditor General, certain duties of, 273-276-278-301-329 
 
 Auxiliary forest reserve 308-312-315 
 
 Bond, State Forestiy Commissioner 277 
 
 Boundary trees, removal of 266 
 
 Borough officers, powers of, 279-286 
 
 Boroughs, right to impound water 285 
 
 Boroughs, right to establish forests, 295 
 
 Bureau of Forest Protection 321 
 
 Bureau of Forest Protection, powers and duties of 321 
 
 C. 
 
 Camp on State lands, rules 342-344 
 
 Cattle, pasturing of, rules 342 
 
 City forests may be established, 295 
 
 CommiasioD, State Forest, 274 
 
 CommlssionerB, County, certain duties of 269-273-309-312-317 
 
 Commissioner of Forestry, appointment of, 274 
 
 Commonwealth authorized to purchase lands for taxes, 209-*17 
 
 Compensation of Are wardens, , 823-825-826 
 
 OrttnpulimiT BartatnTipe It» <octlnjrut<»hlng fire 897 
 
 <«R1 > 
 
352 INDEX. 
 
 Page. 
 
 eondemiiatioa oJt lauds by Department of Forestrj 338 
 
 Condemnation by United States, 303 
 
 Constables, powers and duties of, 27.2 
 
 Convictions before court 266-280-290-294-302-306-307-329-330-331 
 
 Convictions before justice 265-294-305 
 
 Co-operative agreements for preventing Are 332 
 
 County, charge on land for, 337 
 
 Coimty Commissioners, duties of, 269-273-309-312-317 
 
 County Commissioners to offer lands to Department, 317 
 
 County Treasurer, duties of 269 
 
 Coxmty may forfeit State aid 278 
 
 Cutting or mutilating growing timber, 266-302-306-342 
 
 Cutting timber trees by tenants in common, 269 
 
 Cutting of timber under Forest Reserve Act 275 
 
 Cutting of timber under Auxiliary Forest Reserve Act 310-312 
 
 D. 
 
 Damage double and treble 206-207 
 
 Damagt^ to trees by electric light or telephone companies, 268 
 
 Damage hy cutting or Injuring timber without ovvTier's consent, 302-306 
 
 Debris must be removed from oil or gas well lands 290 
 
 Defacing signs or posters on State lands, 302 
 
 Department of Forestry, 274-316 
 
 Detectives may be appointed by Department of Forestry, 276-278 
 
 Detectives shall be appointed by County Commissioners, 273 
 
 District Fire Wardenn 324 
 
 Di-strict Foresters, 316 
 
 B. 
 
 Electric lipht companies, liability of, for damage to trees 268 
 
 Eminent domain 338 
 
 Employes of the Commissioners of Forestry, powers on State lands, . . 281 
 
 Bx-officio fire wardens, 326 
 
 Estrepement, Aviit of 267 
 
 Examination of lands under auxiliary forestry reserve act 309 
 
 Expenses of extinguishing fires, how paid 329 
 
 F. 
 
 Failure to care for trees under auxiliarv resei-ve act 310 
 
 Fines 266-273-278-280-289-290-291-294-302-303-305-306-307-329 
 
 Fire starting on one's ovm land, or land of another 265-290-328 
 
 Fire not to be lighted on woodlands or marshes, 265-290-306 
 
 Fire not to be kindled on forest reserves, 302-343-344 
 
 Fire Warden, Chief Forest 321 
 
 Fire warden, ex-olTicio 326 
 
 Fire warden duties and powers of 321-322-32.S-S24-325-326-327 
 
 Fire warden, penalties for failing in duty 829 
 
 Fires, extinguishing of, 290-291-321-325-827-328 
 
 Fires, co-operative agreements respecting 332 
 
 Firing the woods, penalties for 290-281-306 
 
 Foresters, district, 316 
 
 Forest CoromiBEflon, 274 
 
 Forests, municipal, may be establlsbied 2W 
 
 Forest ofllCBra, dntleu or, ?T4 27 fi 27 0-277 381-8 1 i-Kai-M*^ 835 
 
 PorMl- rsnATYMi. vxaKipt rrom ^wvailua 'i79 
 
INDEX. 353 
 
 Page. 
 
 Korest itB&fJe, fixed charges on, 284-301-337 
 
 Forest reserve, right of -way through, 333 
 
 Forest reserre, waters on 285 
 
 Forest ofl&cers, duties extended, 320 
 
 l-'orest protection code, 321 
 
 Forest academy 283 
 
 Fruit trees along roadside 305 
 
 G. 
 
 Gas well lands, preventing fire on, 289 
 
 Governor, duties of, In certain cases, 48-274-276 
 
 H. 
 
 Harvesting of timber under Auxiliary Forest Resei ve Act 312 
 
 Harvesting timber under general forest act, 275 
 
 Highways bordering on or within reserves, 277-282 
 
 Highways, trees along, protection of 279-280-305 
 
 Hindering a forest officer 330 
 
 Injury to or mutilation of trees, 2S0-302-M05-306-342 
 
 Intentional firing of forests 290-291-308 
 
 Jurisdiction of constables, 272 
 
 Justice of the Peace, 265-294-305 
 
 K. 
 
 Kindling fires on State reserves 302-343-344 
 
 Kindling fires one one's own land, or on lands of another, 265-290-328 
 
 Land, power of Forest Commission to purchase, 269-274-334 
 
 Land, County Commissioners to offer 317 
 
 Land to be under control of Department of Foresti-y, 269-274-334 
 
 Land of the State exempt from taxation, 276 
 
 Land liable to fixed chaise, 284-301-312-315-337 
 
 Land, title to vacant, 297 
 
 Land in fo»^st reserves under charge of Commissioner of Forestrj-^ 274 
 
 Land, not pubject to warrant or survey, 276 
 
 Land, purcaase price enlarged 320 
 
 Landmarlcs, 266 
 
 Lease of agricultural areas In State forests, 335 
 
 Leases, permanent camping, c 308 
 
 Liability, personal, of fire warden to pay costs of extinguisliing fires, . . 327 
 Lien under Auxiliary Forestry Reserve Act .313-314 
 
 Magistrate, duties of 205 aoo 304 305 
 
 liarketiiiir of timber under Forestry »rMrr« A^t 818 
 
 IfaxliBiiiii prlo* to b« paid f»r ln*4l ,._..,.- »9<' 
 
 3t 
 
:J54 INDEX. 
 
 Page. 
 
 Minerals on State lands, 276 
 
 Minerals under Auxiliary Forestry Reserve Act, 312 
 
 Misdemeanor, 266-290-294-302-306-307-329-330-331 
 
 Mimicipal forests may be established, 295 
 
 Municipalities, right to impound water, 285 
 
 Mutilation of growing timber 280-302-305-306-342 
 
 Mutilation of posters or signs 302 
 
 N. 
 
 National Forest Reserve, 303 
 
 Navigable rivers, warrants for beds of 299 
 
 Notice, trespass, (See Index to Game Laws). 
 
 Notice to State Forest Commission, to classify lands, 309 
 
 O. 
 
 Office of the Commissioner of Forestry, 276 
 
 Officers refusing or neglecting to do their duty 329 
 
 Oil well lands, precautions to prevent fire on 289 
 
 Owners in common, rights of, 267 
 
 Owners, no compensation for extinguishing fire on own lands, 328 
 
 Owners, rights of, under Auxiliary Forest Reserve Act 308-312-315 
 
 P. 
 
 Pasturing of cattle 342 
 
 Penalty for refusing assistance in extinguishing fire, 329 
 
 Permanent leases for Camping, 308 
 
 Permit to camp, 342 
 
 Persons assisting in extinguishing fire shall be paid 328 
 
 Pipe line, (See Sight-of-Way). 
 
 Powers of the Commissioner of Forestry, .274-275-276-278-281-285-316-321-338 
 
 Powers of forest officers 274-275-276-277-281-317-321-324-325 
 
 President of Forest Commission, ' 275 
 
 Protection of the State forests 275-281-302-3(]r6-321 
 
 Pro'tection of trees and woodlands, 308 
 
 Public roads in or along forests 277-282 
 
 Purchase of land by the Commonwealth 269-274-317-320-334-337 
 
 Purchase of land, money for, how paid, 283 
 
 R. 
 
 Railroad companies, duties respecting fire 291-328 
 
 Record to be kept of lands purchased by the Conmiissiouer of Forestry, , 271 
 
 Redemption of land, 271 
 
 Refusing, officers, to do their duty, 329 
 
 Removing or destroying land marks, 266 
 
 Replanting 310 
 
 Reserve, fixed charges on, 284-301-312-315-337 
 
 Revenue for school, road, and county purposes, 284-303 -337 
 
 Rights-of-way through State forests, 333 
 
 Rights of owners under Aaxiliary Forestiy Reserve Act 308-312-315 
 
 Rivers, navigable, warrants for beds of 290 
 
 Roads in township where forests are located 277-282 
 
 Roadg In forerts, 277 
 
 Rules of Forest Commission, power to make 274 
 
 Iftnles for goremment of Stat? Foreiti, 342 
 
 Rtitet. ptmfaliTawt for tloliiiine . h03 
 
INDEX^ 355 
 
 S. 
 
 Page. 
 
 Sale of lands under Auxiliary Forestry Reserve Act ♦. , . 311 
 
 Schools, fixed charges for 284-301 
 
 Schools, tax for, under Auxiliary Forestry Reserve Act 312 
 
 School of Forestry, 283 
 
 Scientific investigations 274 
 
 Seedling trees, growth and distribution of 319 
 
 Setting fire to woodlands, 290-291-308 
 
 Shade trees, planting of, by boroughs, cities and townships, 286 
 
 Shade trees along roadsides 305 
 
 Spark arresters, engines to be provided with, 291 
 
 State Forest Academy, 283 
 
 State Forests, public roads on, 277-282 
 
 State forests, subject to fixed charge 284-301-337 
 
 State forests not subject to taxation, 276 
 
 State forests, purchase of surface rights for, 334 
 
 State school fund, 336 
 
 State Treasurer, duties of, 273-283 
 
 Street railways in forests 282 
 
 Surface rights, purchase of, * : 334 
 
 Tax iinder Forest Reserve Act, * 312 
 
 Telegraph or telephone companies, liability of, r 268 
 
 Tearing or mutilating posters or signs on State lands, .ja. 302 
 
 Tenants in common, rights of, jfw. . . v 266-267 
 
 Timber cutting without owner's consent, ^' • Mf ■ 280-302-305-306 
 
 Timber land to be returned separately for assessment, . <0^ 268 
 
 Timber, title to, not to pass under certain conditions, . . .-. 267-306 
 
 Timber from State reserves may be sold by Commission, 275 
 
 Timber, under Auxiliary Reserve Act 310 
 
 Title of land to vest in Commonwealth, 271-276-338 
 
 Township forests may be established 295^ 
 
 Tree seedlings, growth and distribution of 319 
 
 Trees, damage of 280-302-305-306-342 
 
 Trees, boroughs may require planting of, 279 
 
 Trees growing along roadside, 280-292-305 
 
 Trees, malicious removal or destruction of 260-302-306-342 
 
 Trees, planting of, by Shade Tree Commission, • 288 
 
 Trees and Woodlands, protection of 308 
 
 TJ. 
 
 United States may establish reserves in Pennsylvania, 363 
 
 Unseated land, 26* 
 
 V. 
 
 Vacant land, title to, ^ 397 
 
 Viewers to appraise vacant land, ....*. 2W* 
 
 Viowers to appraise damage, 268-297-313-388 
 
356 INDEX. 
 
 X 
 
 w. 
 
 Page. 
 
 Wanton or wilful starting of forest fires, 290-291-306-330 
 
 Wardens, Fire, duties and powers of 321-322-328-324-325-326-327 
 
 Wardens or forest officers, duties and powers of, ....274-275-276-277-281-317- 
 
 321-324-325 
 
 Warrants of arrest, 281 
 
 Warrants for trespass, fSee Index to Game Laws). 
 
 Wilful or careless destruction or mutilation of trees and timber, . .280-302- 
 
 305-306-342 
 
 Writ, of estrepement, how obtained 267 
 
 Woodlands, protection of, 306 
 
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