COMMONWEALTH OF PENNSYLVANIA Game, Fish and Forest Laws This pamphlet ii publiibed bat once in two yean, a tingle edition being printed, and that edition is limited In numberi by the Joint Eesolution of tlie Senate and Home directing its publication. EDITED BY SETH E. GORDON Becretarv of the Chime Commtttio* 1921 HARRISBURO, PA.: J. L. L. KUHN, PEINTEB TO THE COMMONWHAIiTH 1021. ^-^ki-^' Class _S-KA4d Book-_^A5 . Game, Fish, and Forest Laws of the {^'^3 COMMONWEALTH OF PENNSYLVANIA Tbl* pamphlet Is printed but once In two years, a single edlttoa hrfuff yrlBtal and that edition Is limited In numbers by the Joint BesolntloA •< the Senat and House directlc^ its publication. EDITED BY SETH E. GORDON Secretary of the Game Commission. 1921 J. L. L. KUHN, PRINTER TO THE COMMONWEAI/TH I HARRISBURG, PA. \ 1921. DIVISION 1. Page 10. Contains laws relative to Game, Song and Insectivorous Birds. DIVISION 2. Page 177. Contains laws or parts of laws relative to Fish only. DIVISION 3. Page 259. Contains laws pertaining to Forests. A collection of Leading Decisions is printed, beginiring on page 137. 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 Forest Department has control of Forestry. The work for each is separate and distinct. A separate index is attached for t.ach division. Read letter of transmittal page 5. ^ LIWARY OF CONGRFSS •)-«ri«/ir'> IMH iHMin r in ^ li GAME, FISH AND FOREST LAWS. BOARD OF GAME COMMISSIONERS Dr. Charles B. Penrose, President, Philadelphia. John M. Phillips, Vice President, Pittsburgh. William B. McCaleb, Harrisburg. Dr. Henry J. Donaldson, Williamsport. John S. Speer, St. Marys. William S. Ellis, Bryn Mawr. Seth E. Gordon, Secretary, Harrisburg. FISHERIES COMMISSION Nathan R. Buller, Commissioner of Fisheries, Harrisburg, John Hamberger, Erie. Charles H. Thompson, Philadelphia. John C. Odgen, Johnstown. W. A. Leisenring, Mauch Chunk- DEPARTMENT OF FORESTRY State Forest Commission Gifford Pinchot, Commissioner of Forestry, Harrisburg. Dr. J. T. Roth rock, West Chester. Edward Bailey, Harrisburg. Henry W. Shoemaker, McElhattan. Marry Flinn Lawrence, Pittsburgh. (Mrs. John W.) Office of Commissioner of Forestry Gifford Pinchot, Commissioner. Robert Y. Stuart, Deputy Commissioner. Bureau Chiefs - Lewis E. Stalov, Operation" E. A. Ziegler, Forest Academy George H. Wirt, Protection Joseph S. Ilhck Investigation Alfred E. Rupp, Lands .- A. O, Vorse, Information John W. KellerV Silviculture W. E. Montgomery, Maintenance GAME, FISH AND FOREST LAWS. A JOINT KESOLUTION 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 fiioners of the Commonwealth be, and is hereby, direct- ed to prepare the data, and, as soon as possible after the close of this section, present the same to the Su- perintedent of Public Printing, who shall, at the ex- pense of the Commonwealth, have published in pam- phlet form one hundred thousand (100,000) corpies 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 nec- esaary; these pamphlets to be placed by the Division of Documents in numbers as provided by law. Approved— The 24th day of March, A. D. 1921. WM. C. SPROUL. ' GAME, FISH AND FOREST LAWS. Harrisburg, Pa., July 15th, 1921, LETTER OF TRANSMITTAL In accordance with Joint Resolution of the 1921 General Assembly, this publication containing all of the laws of this Commonwealth in force at time on the subjects of game, fish and forestry has been compiled. It is the earnest desire of those entrusted with the administration of these subjects that every citizen of the Commonwealth awake to the fact that every individual's help is needed to safeguard these interests. No one has attained a position in this State that places him above having a personal inter- est in all phases of the conservation of our natural resources, and no one occupies a station so lowly that his assistance and influence will not be of value. Bach community should have at least one good, live organization interested in the conservation of our game, our fish and our forests, and it is hoped the information contained in this publication will be oi benefit to at least all those who are truly intersted in conserving our natural resources before it is too late. It is impossible to secure laws that will suit every- body in all respects. In passing legislation, therefore, our law-makers must keep in mind the State as a whole and cannot legislate for any particular section of the Commonwealth. In view of this fact we as good citizens must feel that the laws as passed are the very best for the Commonwealth at large that up to this time could be secured and give these laws our entire support. None of the Departments entrusted with the care of these several subjects is powerful enough in itself to enforce the laws as they should be enforced. Without the help and support of the general public the results desired cannot be obtained. Each of the subjects covered by the laws in this booklet occupies a special place in the make-up of the life of our people and together are so interwoven with each other that the general prosperity of our Commonwealth demands that due consideration be given same, as even the prospective loss of any one of the phases of conservation herein considered would be a serious calamity. It has long since been con- clusively determined that growing timber, forest, shade GAME, FISH AND FOREST LAWS. and fruit trees are absolutely necessary to the health- ful enjoyment of this life, and that the protection of growing timber is vitally necessary to the success of mechanical pursuits; that upon the preservation and reproduction of our forests depends our timber supply, a continuous witer supply, and the necessary shelter and food for our wild life. Forest fires must be guarded against at all times and our growing timber protected so that the millions of acres of devastated lands in Pennsylvania may again become productive as well as supply additional game and fish to furnish pleasure and recreation for our people. The benefit derived by a day afield with a gun and dog, or whipping our streams with a rod, or any otier pursuit that takes our people into the great outdoors is beyond expression in words or figures. Our wild life resources can no longer be looked upon solely as a food supply, but must instead be perpetuated to furnish an incentive to take our thousands of people into the open in order that their health may be con- tinued and enable them to better discharge the duties devolving upon them as good citizens. Every person who has ever spent a day in the pursuit of game or fish, or gone simply to enjoy the great outdoors, under- stands what it means to forget the cares of every-day life, and it is very important that the incentive for outdoor recreation in the future is not overlooked. Our Department of Health was created for the pur- pose of conserving the health of our people. Hospitals and Sanitoriums with skilled surgeons, physicians and nurses in charge are being established and maintafned in the hope of curing thousands who are ailing. If we can perpetuate our forests and our wild life re- sources all of Pennsylvania, especially our wild lands, will be an open park in which our people of all classes may find pleasure and recreation ; where the ailing without medicines may be brought back to health and strength and fit them to meet the every- day battle of life in the World. In addition to the physical benefit, the ability acquir- ed by our citizens in the handling of firearms, to take care of themselves under all conditions, has made it possible for our boys with limited dicipline and drill to face and to defeat the best drilled regulars of any Nation. The sportsmen of the United States have al- GAME, FISH AND FOREST LAWS. ways excelled in every conflict from the Revolutionary War up to and including the recent World War, simply because they have learned to shoot accurately and to shift for themselves. During the late war our boys demonstrated beyond question that they were able to make every effort count. Under our system of Gover- ment, and present conditions, the efficient volunteer is our bulwark in the time of trouble, and the Common- wealth ©wes it to herself to supply her youth with an incentive to secure to this training. How much better it would have been for this Com- monwealth if the burning questions of conservation had been intelligently considered and acted upon fifty years ago instead of today. How much better it would have been had the people of Pennsylvania and of the United States endorsed tiie idea of game and wild bird protec- tion, fish protection and propagation, and forest con- servatioii before these rescources were practically de- stroyed. It is now up to each of us to do his best to overcome the handicap that has been imposed upon us and to hand down to posterity^ at least a remnant of the things that past generations have enjoyed. We beg of you to do what you can, even though in your opinion tiiat effort may be limited in its accomplish- ments, to improve these conditions and to bear in mind that the time to conserve is while we have something left vrith whidi to build up. Remember that while up- wards of 600,000 sportsmen hunted in Pennsylvania last year, 432,000 licensed and the balance hunting legally on their own and adjacent grounds without a license, every last one of almost 9,000,000 people in Pennsylvania is directly affected by the destruction of our forests, our game and our fish. The Game Commission of Pennsylvania wishes it to be fully understood that they are trying to interpret and enforce the Game Law of this State according to their idea of its spirit and purpose, rather than its ex- act wording. For instance, the law says that no per- son shall have a game bird in possession except during a certain season, nor shall anyone have in possession at any time a bird of a kind known as "a wild-bird other than a game bird," excepting under the provi- sions of law. If upon investigation it develops that a protected bird of any kind was taken into possession through a spirit of kindness and with . the intent to benefit, or save the life of a suffering bird, we con- GAME, FISH AND FOREST LAWS. Btruo 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 con- demned. While the letter of the law permits the Game CJom- mission or its duly authorized officers to do certain things that it forbids the ordinary citizen to do, we construe this to be a provision intended to bene- fit the Commonwealth and not intended to benefit the officer, and will in no instance permit an officer to exercise a privilege of this kind ior personal profit. We will not permit one of our officers to lead an inno- cent person into temptation for the purpose of collect- ing a penalty — either for his own use or for the use of this office. For example, the law gives Game Pro- tectors, 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 individual in the State, under a heavy penalty. A country boy may kill a grouse, 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 violation of the law for tiie purpose of collecting a penalty. Neither will we, for the purpose of making a cape, per- mit an officer to sell game to an unwary and entirely innocent individual, who may be hunting. Where we have reason to believe persons are wilfully and delib- erately violating the law, either through the purchase or sale of game contrary to law, we feel that it de- volves upon us to break up such practice, and will do our best to secure the necessary evidence to attain that end. The Game Law provides that game kiUed 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 this law to arbitrarily mean that men may have game in possession only at a cer- tain time, but instead was intended to^ safeguard the lives of game birds or animals by making the posses- sion 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 GAME, FISH AND FOREST LAWS. nsing the flesh of such animal, rather than to have •i ir«<- iinnn fhc ^Tound or become the iood oi oogB ir Sows All game so killed should of course wh^r- eve? pSblt be^sent to a hospital or other charitable '°fr^o?nassed by the Legislature of 1909 says the shoot, m this ^<>°^°^^°l^*rir^, mvii^ Inst nrovision to '^?,t t„^ ?his a™for the purpose of persecution. posS to prosecute and pumsh »" ™l»t°™ f^ ^^ ?he n^me (/ the offender, the location, the nature of ^l XSIe and the date upon which it was committed, Khe names of witnesses ^^^ ^he postoff.ce^addr^^^^^ )v* i-Ti^ HnmP so that we may be able to investigate ouicklv^ntelligently and with as little expense as pSssSfe. TOs request mcludes misconduct iipon the part of our offfcers as well as violations of the Game Laws The name of any person giving us mforma- Hon in this way will be held strictly confidential. We have many volunteer officers whom we have never met, and of whom, P^^^^V^'Tr iinTist treaf: We cannot hope to know of unfair or \\n.inst treat ment upon the part of thesp men. unless those who dr kno4 oMt notify us, and we ask Jon to ^^^P ^^4^ this matter as well as any <>ther feature of the worft^ We want the enforcement of the Game Law to De clean and just in all ways. Respectfully submfl'tted, SETH E. GORDON, Secretary, Game Commission. GAME UWS IWS. P. L. t78. Appointment vt Boaxd of fhuBeOom- ■iMdonetB, aathorlied. "SfenBi of list ap- tpolnteefl. ▼aocancy, howfllleiai terra riwiibe **ree 7«arfl. Jf* oompen- Mtlonfor MtllOM. DIVISION 1 CONTAINING LAWS RELATIVE TO GAME AND WILD BIRDS. ESTABLISHING BOARD OF GAMH COMMIS- SIONERS. An act to provide for the appointment of Game Com- missioners for the Commonwealth of Pennsylvania, defining their duties and empowering them to appoint Game Protectors. Section 1. Be it enacted, &c., That the Governor of the Commonwealth is hereby authorized and re- quired to appoint, subject to the approval of the Senate, six competent citizens of this State to be and 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 term of on© year, which two o^ 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 persons 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 be more than two vacancies at any one time in such commission, and the term of two com- missioners shall expire thereafter each year. The commissioners shall receive no ^Gompensation for their strviceB. (10) GAME LAWS. U 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- monwealth relating to the same. It shall be the duty of said board to collect, classify and preserve all such statistics, data and infonnation 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 aiition, if any, as the said board may deem wise for the better accomplishment of this act. The Governor i^all 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 8. The Board of Game Commissioners 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 power and duties are hereinafter defined, and who shall 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 Protectors as Chief Protector, who shall remain such during the pleasure of the Board, and who shall have the direction, supervision, and control of the other Protectors. The Chief Game Protector shall be Secretary to the Board of Game Commissioners, and shall occupy as his permanent headquarters the Office of Board. Meetlngrt. Duties of Board in protection of game. In collection of •tatiatlci. Keep re- portB, 4c. Annual re- port to QoT- ernor. Content* of report. Governor Eihall presest report to Legislatnro. Game protectorg. Number. Chief Game Protector shall b« Secretary of the Board. 12 GAME LAWS, Annual re- port and bulletins. Protectors shall hold office at pleasure of Board. Shall en- force game laws. Serye 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 monthly re- port. rooms assigned to the Ganip Commissioners at the Capitol, at Harrisburg. f^ri'd 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 as, in the opinion of said Board, may be necessary to its work. Section 4. Game Protectors so appointed shall hold office during the pleasure of the Board of Game Com- missioners, 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 violations of the game law, and to serve subpoenas issued for the examf na- tion, investigation or trial of all offences against said laws ; each Protector shall keep a record of his official acts, receipts and expenditures and at the dose 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 Chief Protector under oath. The Chief Protector shall report to the Board of Commissioners any negli- gence or dereliction of duty or incompetency on the part of any of the protectors, with the facts relating thereto, and he shall report monthly to said Commis- sioners the operat on of this department during the preceding month, and shall make such further re- ports as may be required by the Board of Commis- sioners. Approved— The 25th of June, A. D. 1895. DANIEL H. HASTINGS. A SUPPLEMENT Maj 21, 1901, P. L. 266. 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 GAME LAWS. 13 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- ferred upon them by said act, the authority to arrest ^f.^ arrest without warrant any person or persons feund by Jant^ ^*'" them 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, o^ song and of insectivorous birds, and take such person or persona forthwith before a justice of the peace or other magis- trate having jurisdiction, who shall proceed without delay to hear, try and detennine the matter; rach arrest may also be made on Sunday, in which case "^ ^*^® <^' the person or persons, so arrested, for safe keeping g^day*^" may be committed to the jail for that day, but shall be taken before the proper magistrate and proceeded against as soon as may be on a "week day following the arrest. Section 2- Said Game Protectors shall have power, elamhia^t?o without warrant, to search and examine any boat, without ° conveyence, vehicle, game-bag, game-coat, or other warrant. receptacle for game, when they have good cause to believe that any of the laws 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- game"^^ "' mals which have been caught, taken or killed, at any t'me, 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 war- search war- rant, and cause a search to be made in any place; rant. 14 GAME LAWS, Oamc seized to be for- warded to the neare«t hospital. Guns and appliances. Public anctioD . Becnriug of erldence. Game to he forwarded to hospital. Interference with Game Protectors. Aid In making ar- rests. 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 the 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 th^ protector making the search, who shall, as soon as may be thereafter, forward said game to the neareet hospital, for the use of the sick or injured tlierein ; the bodies or parts of bodies of all song or insectivorous birds, so taken, shall, unless needed for evidence, be de- stroyed ; all guns, gunning appliances, shooting ap- paratus, trap or gunning apparel, found in said receptacle or receptacles, whore 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 days from the date of seizure, and failure of the reputed 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 Game 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 the 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 this Commonwealth, for assistance as needed in making an arrest. GAME LAWS. Ifl Section 5. That the Game Protectors, so ap- Comi>eiuHi- pointed, shall receive salary or pay per day, as may tion of be agreed upon by th« Game ComTaission, with ex- GamePro- penses not to exceed two dollars per day outside tectorg. of traveling expenses ; sa^'d expense account to be ,,,,ro<»T)«M« itemized and presented under oath. All moneys com- „ -^ ^^^ ing to any Game Protector as his part of any fine or p^psifipa to Aftproved — The 21st day of May, A. D. 1901. ht^ ttimpd WILLIAM A. STONE. a^m^Com- penalty, under existing law, wherein he is the prose- "^^'"^**"- cutor, shall belong to the Game Commission, and Provtso. shall be surrendered by said Protector to the Secre- tary of the said C5ommission for its use : Provided, That the combined expense account of the Game Commission shall not exceed the amount set apart Repeal. by law to their use. Section 6. All acts or -parts of acts inconsistent with this act are hereby repealed. CONSTABLES EX-OFFICIO WARDENS. An act making constables of townships and boroughs ex-officio fire, game and fish wardens, prescribing isg© p i,. their powers and duties, fixing their fees as wardens, 17. ' * * and prescribing their punishment for failure to perform their duties. Section 1. Be it enacted, &c., That from and after the passage of this act the constables of the various ronBtaWps wards, boroughs and townships of the Commonwealth ]^^^^''^^' shall be ex-officio fire,* game, and fish wardens. enme, and Section 2. It shall be the duty of said fire, game n^h war- and fish wardens to enforce all statutes of this State dens, 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 ^^^)^g birds, game mammals, song and insectivorous birds, and fish, and said constables or wardens shall have authority to arrest without warrant any person or -5^,,^ ^^T-ggt persons caught by th«m in the act of violating any of ^f|,ont the aforesaid laws for the protection of forests and warramt timber lands, game, and food and game fish, and take such person or persons forthwith before a jus- tice of the peace or other magistrate having juris- diction, who shall proceed without delay to hear, try and determine the matter. Such arrests may be *Se far as it relates to oonBtables aa ex-offlclo firo wardens tbiM Act Is repealed. 18 GAME LAWS. Arrests may ie made on Simday. Tower with- •at warrant te search ■Dd examine. To seize and tMke posBes- ■km of game ondflsh fkmrtH mar fBsnp soarcli warrants. Fropertjr Kteed to he disposed of as directed ay the court. Oenstables not liable §n damages. Constables «r wardens te be paid. Juuomit. also made on Sunday, in which case the person or persons arrested shall be taken before the proper officer, and proceeded 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- session of any and all birds, animals or fish, which 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 shipped, contrary to any of the laws of this State. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish, caught, taktn, killed, had in possession, under control or shipped, or about to be shipped, contrary to law, shcdl 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, seized by any constable or warden, shall de disposed of in such manner as may be directed by the court before whom the offense is tried, 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 tm oonTictioli uniior the provisions of this act, shall, in addition to the fees to which he may be entitled under «xict- ing laws, be paid for his services the ium of ten dollars on a warrant drawn by the county commis- sioners on the county treasurer one-half of wbidi shall be paid out of the treasury of the reapective county, and the remaining half of said reward shall GAME LAWS, 17 be paid by the State Treasurer into the treasury of said county, out of moneys not otherwise appro- priated, upon 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 such 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 throughout his own proper county; and they shall in the first week in each term of the court of quarter sessions of theit respective counties, make special returns to said court, under oath, of all vio- lations occuring in their respective townships, or which may come or be brought to their notice, of any of the provisions of any law now in force, or tliat 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 auch 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 knowledge 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 «ither 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. 1899. WILLIAM A. STONE. How paid. PrOTlBO. Constable* or waidena to hare concurrent JuriBdiction. To make epecial re- turns to court. Duty uf the court. Neglect or refusal of constables t misde- meanor. Penalty. Eepoal. PROTECTING BEAVER. An act to prohibit the capture or killing of beaver March 17, within the Commonwealth of Pennsylvania, and 1903, P. L. providing penalties for the violation of its pro- 28. visions. 18 GAME LAWS. Unlawful to kill or cap- ture beayer. Fine. Imprison- ment. Prima facia eridence. Bearer claBscd as "game." Duty of game war- dens, etc. Prosecu- tions. Section 1. Be 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- visions of this act shall be liable to a penalty of on« 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 where the offense is committed, of one day for each dollar of penalty imposed, and the possession of any beaver, 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. Stction 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 the 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 of game, game quadrupeds, game birds, et cetera," approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. Approved— The 17th day of March, A, D. 1903. SAML. W. PENNYPACKER. AprU Ifl. 1903, P. L. 213. Officers whose duty it is to en- force game laws. LIABILITY FOR COSTS. An act fixing the liability for record costs, in cases where officers, whose duty it is enforce the game laws of this Commonwealth, fail, for any legal cause, to receive the same from the defendant. Section 1. Be it enacted, &c.. That from and after the 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 GAME LAWS. 1» county, and shall be audited and paid as are costs The county's •f like character in said county. liability therefor. Approved— The 16th day of April, A. D. 1903. SAML. W. PENNYPACKER. TRESPASS LAW OF 1901. ♦ An act making it wilful trespass to hunt, trap and July 9.1001, take game birds or game animals upon cultivated P- l** ^^3. lands, and providing for the punishment of such trespass. Section 1. Be it enacted, &c.. That on and after g^u^tiM and the passage of this act, any person or persons tres- trappS^ of passing on any cultivated lands in this Common- game blrdB wealth, for the purpose of hunting and trapping and and animals taking therefrom any game birds or game animals, on inclosed after public notice by the owner, lessee, or occupant i^n^ * 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 TrespaM by law shall be liable to the owner, lessee, or occu- « pant in a penalty not exceeding five dollars for each pjjjg and every such offense. Section 2. Any justice of the peace or alderman, warrant, 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 authorized 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 Hearing, 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 pine. 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- *Thls is not a game law and is published in this pamphlet only a!s a matter of information to sportfimen. See trespas* Act on page 20. 20 GAME LAWS, Penalty. Appeal. Trial, 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 in which the offense was committed, by entering into 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 defend- ants charged and a failure to pay such penalty and costs imposed by the act, shall commit said defendant 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. April 14, 1905, P. L. 169. Trespass. Dp prominently post- ed upon said land printed uot:;/i that tho said lanvi is private property, and warning all persons from tres- passing thereon, under the penalty provided in this act. Section 2. Every person violating the provisions of this act shall be liable to a penalty of not exceeding ten dollars, together with the costs of prosecution, to be recovered before any magistrate or justice of the peace as fines and penalties are by law recoverable •This is not a g"ame or fish law and is printed in this pamphlet only as a matter of information to sportsmen. GAME LAWS 21 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 for each dollar of fine imposed. Section 8- All penalties recovered under this act shall be paid to the school fund of the district in which the trespass was committed. Approved— The 14th day of April, A. D. 1905. SAML. W- PENNYPACKER. SPECIAL DEPUTY GAME PROTECTORS. An Act to provide for the appointment of Special Deputy Game Protectors, for the Commonwealth of Pennsylvania, and defining their duties and powers. Section 1. Be it enacted, &c., That from and after the passage of this act, the Board of Game Com- issioners of this Commonwealth shall be empowered t^ appoint, at their discretion, competent men throughout the Commonwealth, to be known as Special Deputy Game Protectors, who in all ways 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. April 18. 1905, P. I.. 201. Special Depnty G&iim» Protecton . Blsrhts and power! . ProTlao . AUTOMATIC GUNS PROHIBITED. An act prohibiting the use of automatic guns, for May 3i, the killing of game or wild birds within this i»J7, P. L. Commonwealth, and prescribing a penalty for vio- '^'^^^ lation of its provisions. Section 1. Be it enacted, &c., That from and after Automatic the passage of this act, it shall be unlawful for any guns. 22 GAME LAWS Kllllnf of came. Vlolatloni. flommArr coDTlction , person to use what is commonly known as an auto- matic gun for the killing of game in this Common- wealth. Each and every person violating any provi- sion of this section shall be liable to a penalty of fifty 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, and justice of the peace within this Commonwealth, 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 opin- lon Superior Court Case of Commonwealth vs. Thos. W. McComb, No. 148 October term, 1908. Superior Court of Penns3'lvania. Appealed from Delaware county. 39 Pa. Superior Court 411; 227 Pa. Court 377; citation pages 145 and 146 of this pamphlet. Act Maj 8, 1909, P. L. 46fl ■mended bj ths act July 11, 1917. P. L. 779. Wild blt4» ind anlmala tnd came. ALIEN FIREARMS LAW. An act to give additional protection to wild birds and animals and game within the Commonwealth of Pennsylvania, prohibiting the hunting for, or cap- ture, or killing of, such wild birds or antmals or game by unnaturalized foreign-bom residents, for- bidding the ownership or possession of shotgun or rifle by any unnaturalized foreign-born resident, within the Commonwealth ; and prescribing penal- ties for violation of its provisions. Section 1. As amended by the act of July 11th, 1917, P. L. 779— Section 1. Be it enacted, &c.. That from and after the passage of this act, it shall be unlawful for any unnaturalized foreign-bom resident to hunt for or GAME LAWS 28 capture or kill, in this Commonwealth, any wild bird or animals, either game or otherwise, of any descrip- tion, excepting 'n 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 bp 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 convection 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 convt'c- 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 'oirected. Section 2. For the purposes of this act, any un- natural)Jzed 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. Section 3. That the possession of a shotgun or rifle or pistol or firearm of any kind at any place 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 penalty as fixed by said section. Section 4. As amended by the act of July 11th, 1917, P. L. 779. Section 4. That the 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 Unlawful for unnatnrallceA foreign-bom residents to hunt. Or to own or possess BbotgUQ or rifle or fire- arm of any kind. Violations . Penalty • Proviso . Forfeiture ot guns. ' ' Unnatural- ized foreign born resi- dent" de- fined. PoBsession outside of building. PrcMBe* ■• guns In room, houM etc. 24 GAME LAWS, Prima faclt evidence. Notice of all ■elcm'CB. Rale Duty of offlcerH . Arreets. Sniida.T ar- reerte. Concealment of i;nn. ■earch war- rant. prima facie evidence that such gun is owned or don- 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 af 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 Coni- missioners, at Harrisburg, by the officer making such seizure, immediately after the final verdict in any prosecution brought for violation of said provisions, or upon, the signing of the acknowledgement of guilt, as hereinafter provided; and the gun so seized shall be sold, at the discretion of the Board of Game Com- 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, shm be paid to the 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 person whom they have good reason to suspect as belonging to the class of un- naturalized foreign-bom 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, in which case the person or persons so ar- rested, for safe-keeping may be committed to the jail or lock-up for that day ; but shall be taken before the 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, where they suspect the concealment by an unnaturalized foreigi)- born resident of guns of the before-mentioned kind, to 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 believing in such concealment, shall issue a search warrant and cause a search to be made in any place; and to that end the said officer shall have power, after demand and refusal, to cause any building, GAME LAWS. 20 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. Section 7. Each and every magistrate, alderman, MafUtratei. and justic* of the peace of this Commonwealth shall adermen, have the power of summary conviction pertaining and justicM. to the violation of any of the provisions of this act; f^JXtiJn and all actions for violation of any of the provisions hereinbefore-mentioned, excepting where the defendant is taken in the act or in a pursuit immediately fol- lowing the act, shall be commenced by affidavit made within one year of the time of such violation. Each and every magistrate, alderman, and justice of the peace, on complaint made before him, on affidavit Affldant. of any person, of a violation of the provisions of this act by any person, is herewith authorized and re- quired 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 warrants, and cause such person to be brought before warrant, such magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guilt Hearinig. or innocence of the party charged. If the accused be convicted of such offense, he shall be sentenced to pay the full penalty prescribed by the section vio- lated, and to pay all costs of prosecution. AH penalties collected in cases where the prosecutor is a paid officer of the Board of Game Commissioners Disposition shall be immediately surrendered by the court re- of fines, 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, who shall at once deposit the same to the use of the Commonwealth. Where any other than a paid officer of the Board of Game Commissioners is the prosecu- tor, * * * Under the provisions of the act of June 7th, 1919, P. L. 423, the entire penalty * * * shall be forthwith forwarded to the Secretary of the Game Commission, at Harrisburg, together with a state- ment 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 shall be the duty of the Board of u^jy „, y,. Game Commissioners to keep a record of the cases Board, for which said money was collected, and to deliver 26 GAME LAWS Refusal to pay penalty. Penalty. Curmnltment. ProrlBo . Aclonowledg- inent of of- fense, ajnd payment. Receipt . ProTlso. the fund thus arising, at least once a month, to the State Treasurer, for the use of the Common weaJth. Any defendant refusing to pay such penalty, with the costs of prosecution, shall be committed to the common jail of the county, for a period of one day for each dollar imposed, unless he shall enter a good and sufficient recogizance, with one or more sureties, to pay such penalty within ten days, or to answer such complaint, upon the charge of misdemeanor, be- fore the court of quarter 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 : Provided, 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 the seal of the Board of Game Commissioners and tho signature of its Secretary, shall be evidence of full satisfaction for the offense committed : Provided, also. That all guns seized, in cases in which the be- fore-mentioned receipt is given, shall be sold under the provisions of section five, and the moneys realized therefrom be applied as therein directed. Section 8. All acts or parts of acts inconsistent with tlie provisions of this act are hereby repealed. Approved— The 8th day of May, A. D. 1909. EDWIN S. STUART. April 17, 1918, P. 8R. RESIDENT HUNTER'S LICENSE LAW. ^ An act for the better protection of wild birds and game within the Commonwealth of Pennsylvania; requiring 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- GAME LAWS. '21 viding for the disposition of the license fees, fines wild birds and penalties received. «nd fame. 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 Hunter's li- by the game laws of this Commonwealth, with fire- cense-act. 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 LiceDse. to do so, in accordance with the provisions of this Section 2. Whenever the word "person" is used "P^"o°" in this act, such word shall be taken to include every person. All words or terms in this act which "Number. " refer to persons in the singular number shall be taken to include the plural number. All words of "Gender." 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- F,?ff2^? ^P" son born in the- United States of America, or any needed person fully naturalized under the laws of the United States, or the son of any such naturalized person, under the age of twenty-one years, who has been a bona fide resident 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 last amended by the act of April 21st, 1921, P. L. 130. Section 4. Each and every resident of this Com- Application mon wealth, such resident being a citizen of the United 'or iicenBe. States, upon application made, verbally or n writing, to any county treasurer within the Commonwealth, Proof. and the presentation of proof that he is a citizen of the United States and a bona fide resident of this Com- monwealth under the requirements of this act, and, in Naturaiiied the case of naturalized foreign applicants, the pro- foreifimera. duction of such applicant's naturalization papers, and jpee. the payment to said county treasurer of one dollar, shall be entitled to what is herein designated as a Tag. "Resident Hunter's License," and a tag with the num- ber ot the license thereon : Provided, That no person Peraon aii4er under the age of sixteen years shall be entitled to re- ■*xteen. 28 GAME LAWS PerBou under fourteen. Form ot Deacrlptlon of applicant. Naturalliatlon papers. BlKbta ac- gnlre* by lirenses. Term . Signing. DUplar DlaplET of taff Who may iRgne llcenees. Who may reoeire appllcatlooa. ceive such license, without presenting a written re- quest therefor, bearing 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 Common- wealth. Such license shall bear a description of the person applying for the same, settfng 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, the naturalization papers must be presented to the county treasurer, and such license shall contain the nationality of the person and all dates and numbers of the naturalization papers, and shall authorize 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 requirements of existing laws, during that year the date of which is inscribed thereon. Said certifi- cate, before being valid, must be countersigned by the licensee, and 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 said licensee is . required to display on tlie outer garment, on the back between the shoulders, in such manner that all fig- ures be plainly visible at all times while hunting. The license tag for the current year only shall be worn displayed : Provided, That it shall be lawful for any justice of the peace, magistrate or notary public, within this Commonwealth, to take appli- cations for such licenses, for which service the appli- cant shall pay fifteen cents, in addition to the license fee prescribed as the cost of said license; said fifteen cents to be retained by said official as his fee for taking such application and remitting payment there- for to the county treasurer of the county in which said offical is located. Such application and remit- tance shall be forwarded to the proper county treas- urer within twenty-four hours for issuance of the license desired ; and no license shall be issued at GAME LAWS. 2» any place other than the office of the county treasurer : Provided, That no person shall at any time procure a license under an assumed name, or m which an address other than his regular place of residence is eiven, or lend a license or tag to another, or know- ingly issue or aid in securing a license under the provisions of this act for himself or any other per- son not legally entitled to same. _ Any person violating any provision of this section shall be liable to a penalty of twenty dollars for each offense. . -, « Section 5. Any citizen of the United States, resi- dent within this Commonwealth, who shall, ex- cepting in defense 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 m his name, shall be liable to a penalty of twenty dollars for each offense; and each day upon which said gun or device is used shall be considered a separate and distinct offense: Provided, That nothing in this^^t shall be construed to prevent any citizen of the United States, residing within this Commonwealth, from having a gun in his home ; or from using such gun m defense of either person or property ; or from shoot- ing at targets or from hunting for or shooting at, in any place in this Commonwealth, anything not protected by the laws of this Commonwealth; or to prevent any bona fide owner or any bona fide lessee of lands within this Commonwealth, or any mem- ber of the family of such owner or lessee, such per- son being a citizen of the United States, residing upon and cultivating lands in this Commonwealtli, from hunting thereon, or, by and with the consent of the owner thereof, from hunting upon the lands immediately adjacent and connected with bl» 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 eithei^ private or public property in this Commonwealth, contrary to the wishes of those who may own or control such property. PMTiSO. Pemalty YiOl&tloiui ProTlao . •wBenblp of and lawful Hge of ffim. Withoat 11- Bl«:liti ooa- act so GAME LAWS Possession of gun In field. Prima fade evidence of hunting. Duty to display tag or license. Refusal or neglect. Penalty . I'ossesslon *>t gun and gaiiiti ou blghways. Prima la«ie eridencw •! liuutiag. Duty (• disyiay ta^, ett. Penalty. Affidavit *i denial. lair p^V^ "^^ amondod by the act of April 21st, Section 6. For the purpose of this act, the fact that any person shaU be found in possession of a otti. ate. • rr«»tt. •U. riTit •!• f«nM Penalty. Refaud U 9a 7 p«n«it7- property seized. When game, dogs, boats, decoys, or shooting paraphernalia of any description shall be seiz- ed, and the owners thereof escape arrest, and refuse to present themselves and make claim to said property, all such game, after the lapse of three days after the seiz- ure, shall be declared forfeited to the Oopimon wealth, and shall be sent to the most convenient hospital for purpose before indicated in this section. AU 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 fails to appear and defend himself ag'ainst the charges made, sudh property of all description shall be sold, in the man ner prescribed for the sale of seized property after con- viction, and the fund arising from such sale be appli- ed as in the case of the saJe after conviction : Pro- vided, That the fact that imprisonment is suffered by any person convicted of violating any provisions of tiis act shall not prevent the sale of guns, dogs, boats, decoys, or other shooting paraphernalia of any description, held as the property of the imprisioned party, and the application of the fund thus realized to the payment of the costs and the penalty imposed. Section 10. Each and every person resisting arrest for violation of any of the provisions of this act, or refusing to go witii an officer after an arrest has 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 penalty •f one hundred dollars, which penalty when collect- ed shall be applied as are other penaties under the provisions of this act. Section 11. Whenever, because of the violation of any of the requirements of this act, any person shali 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 the county in which the conviction is secured, for a period of one day for each dollar of penalty im- posed ; unless he shall enter into good sufficient re- cognizance to either pay the penalty and costs, within a period of ten days after the date of said conviction, •r to certiorari the proceedings under the forms of GAME LAWS. ^^Z' ^^J^ ^^"7 ^® <^»se to a higher court on aoDpal ander t^e provis ons of section fourteen of articlf five of the Constitution and the laws of Pennsylvania r^ lating thereto For the second or any adSnS offense after the first offense the defendant shall i^ addition to the penalty prescribed for the first offense aIuZ ^ 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- Imposed, or fails to pay the costs of prosecution, aU nr SJi.^r^'^'r^''^^^' '^^^^^^y®' shooting paraphernalia, or other appliances used in violation of the law, and found m his possession at the time of arrest or proven to have been used in violation of law, shall be and ^^^u^''^ ^^'■^^y declared forfeited to the Common- r c 1^*"^ Pennsylvania; and shall be either destroyed or sold, as the Board of Game Commissioners may consider best, and the money secured through such Bale 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 f6r 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 80 deposited with the State Treasurer. 1917,^ P*^L ^796^^ amended by the act of July 11th, Section 12. All license fees collected under the provisions of this act, and all fines and penalties im-' Kf 1f1/f"^''*?5 ^^^ violation of any of its provis- sions shall be paid to the State Treasurer as herein- ,^11 ^t designated, who shall keep the moneys thus coUected as a fund separate and apart, solely for the purpose of wild bird and game protection, for th« creation and maintenance of game sanctuaries, for tne purchase, propagatian and feeding of game and wild birds, and the payment of bounties, under the supervision of the Board of Game Commissioners of f Commonwealth of Pennsylvania ; as provided for by the laws of this Commonwealth and all mou.-vs, «Bd 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 me said fund, and not needed for the payment of bounties, as provided for by the law of this Com- U Second or subsequent offense. ProTlso. Forfeiture of traps, gunB, boat*, etc. Dl-(>0Blt1OB of feei. Wild blr« and .eame protection, etc. Payment of bouutfet. Funds avail- BV)le to use of Game Commipsion. Requisition. Warrant. Summary conviction. Affidavit. Warrant. Hearing. Disposition Qt penalty. GAME LAAYS. „-^..n-n nvp Ti-iido available as soon as paid into Z St'te Txiasn^" ami m^^ hereby specifially appro- tho fetaw i;^'^;" -'-f ^^ j.p^^,.(.i of Game Commission- ^"''^fnr tbi severil purposes before-mentioned, and shall be paid o the nse^f said Board, monthly h> ncUance upon requisition by its Secretary. The Aud- ?tor General shall, upon requisition from time to W of the Secretary of the Board of Game Commis- siSiers and the proper accounting for moneys a - feadv ad?Snced from the fund, draw 1^^^^ warrant up- reaa> amanct amount specified in Hnnod It the time such requisition is maile. Section 13. End. and every magistrate, Jni'ti^ «* act. ^'^,,^PJ'' ";. ' contin- where the defendant is d^te 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 moro nersons of a violation of any of the provisions S this act bv any person, is hereby authorized and ?qued to issue \is warrant, under hi«. l^^nd a^d seal directed to any constable, police officer, game protector, or anv officer of the Commonwealth whose dufv it is to protect game and wild birds of the Com- monwealth, and cause such person to be brought be- fr>vo liim such maristrate, justice or the peace, or aliermaT; who sS hear the evidence and determine lie guilt 'oT innocence of the person accused; and if such person be convicted of the ofiEense charged, he shall be sentenced to pay the full penalty Presented bv the section violated, together with the costs of pLsecution. All penalties thus recovered m cases where the prosecutor is a salaried of^^er of the Com monwealth, shall be immediately surrendered by the ?onrt rece ving the same to the prosecutor, who in tu™ as soon as may be, shall forward or deliver such qmount in full to the Secretary of the Board of Se Commissioners at Harrsburg. Whore any offi- Vj-iiUXlLj iJiV »• O . 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- missioners 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 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 money 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- Conviction fore any court of this Commonwealth shall be sen- oa appeal, fenced 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 Proviso, person charged with violating any provision of this act may sign an acknowledgment of the offense com- Acknowied- mitted, either before or after the beginning of suit, ment of and pay to any duly appointea and commissioned Game offense. 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 Receipt, 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 Proviso, 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 immediately 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. Repeal Section 14. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Aproved— The 17th day of April, A. D. 1913. JOHN K. TENER. hy GAME LAWS. Act June 0, 1»18. P. L. «64. ■"Irearm* . FrolilblUoii of the ase of upon lands of hospital, park or v*^ ■ort. Marker of bomidarlei. 1 f rorlgo . VlolatloiiB. Pwialty. SANITORIUM AND PARK PROTECTION An act to prohibit the use of firearms of any descrip- tion upon lands set apart to hospital, or sanitorinm, or park, or resort uses, whereon human beinei congregate in the open, in quest of health. recreSSS^ or pleasure in^ tb,s Commonwealth, and providing penalties 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 discbarge 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 controlling 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 auman 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 notice* printed upon cloth, or painted, and posted not t« exceed one hundred yards apart, along said marker, calling attention to the fact that the land within such enclosure has been set apart for a specific purpose (naming it), and that shooting upon such property is prohibited : Provided, That no 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 whether the penalty in cash be paid or not. GAME LAWS. tw Section 2. Each and every Statt policeman, local policeman, constable, game protector, or any other peace officer, in this Commonwealth, is herewith given 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 usutd course of serving a warrant, arresting and prosecuting persons charged with misdemeanors in this Common- wealth in all cases where the information of such violation is by any other person brought to the atten- tion of the officer. All penalties collected for violation of any provision of this act shall be delivered to the county treasurer of the county in which the conviction is secured, to be used as other funds belonging to the county are used. Section 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved— The 6th day of June, A. D. 1913 JOHN K. TENER. Officers ao- thorlxed to arrert wltli out warrani etc. Repealed COUNTY CLOSING LAW. An act to provide for the better protection and pre- servation of deer and elk, squirrels, and certain birds classed as game-birds, within the Common- wealth ; providing a method through which certain lands in the Commonwealth may be closed to hunt- ing for a term of years: and prescribing penalties for violation of its several provisions. Section 1. Be it enacted, &c.. That from and after the passage of this 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, and wild turkey, and ruffed-grouse, and quail, com- monly called Virginia partridge, and ring-necked pheasant, and Hungarian quail, or either of them, as may appear necessary 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 citizens may reside. 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- Act April 0. 1915. P. L, 7S. Conntiei glren tb* right to close to hunting for a term of years. Hlk, deer squirrels, and certain game— birds Protection (»i Petition asking th« right to close. 40 GAME LAWS Closure of county. Blanks. Publicity. Certified copies of notice. Hearing. Closed sea- Bon. 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 either 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 beofre the return day as fixed upon said forms. Such pe- titioners shall also publish, for at least three con- secutive weeks, at their own expense, in at least two prominent 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 ruffed-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- grouse, and quail, and ring-necked pheasants, and Hungarian quail, or either of them, found in a wild state within said county. GAME LAWS. 41 The Board of Game Commissioners, to make such PabiicatioE closed season effective and binding, shall be required "' decision to publish annually their decision and action regard- ing tliis 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 piBtribniif>e territory. of noticei'*'' Each and every person violating any of the pro- vioJitioj. 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 PeniiiTi*>« 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- Smnmar.' ters pertaining to violation of any of the provisions coiiTict!r>E of this act. All actions for violations of any of the provisions of this act, except where the defendant Actionn 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 ^«i4*'it 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 au- thorized and required to issue his warrant, under Wa"'»i'^ his 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 magstrate, jus- tice of the peace, or alderman, who shall hear the Kwria« 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 prescibed by the section violated, to- gether with the costs of prosecution. All penalties Penaitie. thus recovered, in cases where the prosecutor is a JJ«P«**"^^ salaried officer of the Commonwealth, shall be im- 42 GAME LAWS Statement. Separate fund. Appeals. Proviso. mediately surrendered by the court receiving the same to the prosecuter, who in turn, as soon as may be, shall forward or deliver such amount in full to the Secretary of theBoard of Game Commissioners at Harrisburg. Where 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 tlie 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 wliich such money shall hnve been collected, thr cost of which statement is hereby fixed at fifty cents and made a part of the costs of prosecution ; and it shall be tlie 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 Tr^^asure.' 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 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 finding of the magistrate, justice of the peace, or alderman, in a trial for Adolation 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 GAME LAWS 43 an ackuowledgiaent of the offense committed, and pay Acknowl- to any duly authorized Game Protector or Deputy edgment of Game Protector the penalty in full, as fixed by the ^^^^nse. 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 sig- nature of its Secretary, shall be evidence of full satisfaction of the offense committed. Section 4. The act of the twenty-ninth of April, Repeal, one thousand nine hundred and thirteen (Pamphlet Laws, one hundred and twenty), entitled "An act to Act of provide protection and preservation of elk and deer ; April 29, providing a method through which certain lands in ^913. 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. ApDroved — The 9th day of April, A. D. 1915. MARTIN G. BRUMBAUGH. GAME PRESERVE LAW. An act providing for the establishment, regulation, and maintenance by the Board of Game Commis- sioners of State Game Preserves on the Forestry Reservations and elsewhere, and providing pen- alties for violation of this act. Section 1. Be it enacted, &c.. That the word "game," 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 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 Preserve is located on a State Forest, the consent of the Department of For- estry must be obtained therefor. Act April 16, 1915, P. L. 135. Game pre- serves. "Game"(le- fined. Game pre- servesi. Location. Consent of Department of Forestry. 44 R«KT]latlons. Flre-llne. »tc. Notlcet Dimensions. Area. Right of entry. Close Reason. IJnlawlnl hnntng. Rlglil of entry. Oppn season. OonTlctlons. ■vDunaTT GAME LAWS. Section 4. The State Game Preserve sbaU be at alJ times subject to -F^^tions established by ^^^^^^^ of Game Commissioners, under its agreemeni witu the DeDurtmcnt of Forestry. Qfofp Section 5. Each State Game Preserve upon a State forest shall be surrounded by well defined fire-lme or dear strip of land, and by at least one wire at '' sSonT 'oT^he boundary of each State Game »^^ff^oS?n- "^ieft ion 8 Tf tSritlle Game Preserve is on a State Forest it must not exceed in area ^^e-lialf of the To?" area of the forest on which it is located Section 9 Any citizen may go upon a Statt Game Preserved without fire-arms, at any t^^e ^"^ring what s ^°^-kf all^^mrp!>s^l^co^^pH ^i^inJ^oHL ?Sve official duties aii^^^^^^ any T;;^r(af/4Tomrr%ri^^^^^^^ ment of Forestry may ^^o^X" and ^S an^y membS serve located on a State forest 'g'^^^'^^^^^issioners ^m^afg^oTpt V/ ^'jIt?^G^Ime^V^eserve wherever lo- ^^^;^ction.lO. Except as permitted ^Lror^^n'o? State, it is unlawful to l^""^,/^^,f:.i, ^rkill or wound rr"Xfvra'nria-n°e ^^\^e^ ol l State Gao,. ^'i^'^'^rr.^; 11 Excent as otherwise permitted in this within th. limit, of a State Game 1 "^^f/^f^Vegerve; or, a dog of any kind upon 'jf^'^f^^'" Pennsylvania, tZ^X r "stir Game' SU either witl. or ''srotion*''l2"™Jurisdiction for summary convictton £;"'i;S;^iAfve"n' rara=n^'^^^^^^^^ and iustices of the peace. m k^ Anv P-rson who shall be convicted summarily, by any alderman, magistrate, or justice of tbe peace of GAME LAWS. 4fi / ^ihk«U\^V.: SXrr rae.naaot ..an tempted to kin or ^»"'"Ja » j^'a™? C killed or one hundred dollars. If ™« tin or wound, a bear, wounded, or ««'^"Pf "^ Xrs IJ thrdrfendant h^ f4ror*fo\^ed"VS^^^^^^^ default of payment of t»'%fi°%v*?''.^tf "f one day for sentenced to imprieonment at the rate oi one each dollar of the fi?« "J**^^'**- eal to the court of ,uSlrCsTonr«Ton'X^U?of a iudge U^ereof. "Vectiontr « the prosecutor is a paid Game Pro- f.^tnr the fine shall be paid to the prosecutor, who r»S'fo™ard it to a.e Secretary of ^je Game^om- Srr u^of^b^ &e'Voai?s!on^1'h?rSStJr 3be1;tor«o?^bXrre V^^^'^ ?£f prosecutor, and shaU be paid to. him by the alder- mar magistrat«, or justice receiving the same. The ^em^Snrhalf of the fine shall be forwarded within Jen ^Ss to the Secretary of the Game Commissioij, who shall deposit it into the State Treasury. Section 15. Any person charged with the violation of anv of the provisions of this act may, in his dis- cretion, sign an acknowledgment of the offense ^m- mtmd ^nd pay to the duly authorized Game Pro- Sr tff Depu^ Game Protector the proper fine in Fines. Addltloiii Fines. Resisting arrest, etc. Appeal* Payment of fines. Acknowledg ment of offense. 46 GAME LAWS. Payment. Receipt. Arrest with- out Tvar- ran+. Seizures , Disposition of seiziire. Forfeiture of game. Boats, guns, dogs, etc. Sale. AilTCrtising. Disposition of funds When owner escapes ar- rest. full, with costs to date. Ho shall receive for money so paid a printed receipt, wliich shall in all instances bear the seaJ 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. Section 16. Any person whose duty it is to protect the game of the Commonwealth, or any officer whose duty it is to preserve the peace of the Commonwealth, 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 tins CommonwtHilth. 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 foi-Avarded 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 there- in. Unless the fine and costs are paid, all such seized guns, boats, decoys, dogs and shooting para- phernalia shall 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 township 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 tlie 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 LAWS. 47 forfeited to the Commonwealth, a-1 f""" ^.X'. ^°^^"""- 1-0 the most conveuicnt hospital, for the purpose oe Src incHcatcd in this section. All guns, dogs, boats decovs and other shooting paraphernalia thus seized shall be held for a period of ten days; after which tme if the owner thereof fail to appear and defend Self against the charges made, such property shall be fold in the manner prescribed for the sale of seized sale. property after Conviction. The fund aris ng from such sJle shall be applied as in the case of tjie sale after conviction. The fact that imprisonment is suffered bv any person convicted of violating any provisions of tMs act «hall not prevent the sale of guns dogs bo4s decovs or other shooting paraphernalia of aS;'^lescripSn, held as the property of t- jmpris- oned nartv. and the application of the tuncl tnus realized to' the payment of the costs and the fine im- posed. SecHon 17. All fines collected for violation of any of the provisions of this act shall be paid to the St-ite Treasurer, as hereinbefore designated, who shall S^^lirmoneys tl.. ^ ^'Z Separate £U^m"?sVo^f;r'ThT S ST be applied shall be clearly designated by act of Assembly. Section 18. The following acts are hereby totally ^^^^^^ repealed : — 1 The act approved the eleventh day of May, one May li. thousand nine hundred and five. * * '^ i^*^^- «> The act approved the fifteenth day of April, April 15, one 'thousand nine hundred seven. * * * • 1907. 3 The act approved the fifteenth day of June, one J^e 15, thousand nine hundred eleven. =^ =^ * Approved— The 16th day of April, A. D. 1915. ' MARTIN G. BRUMBAUGH. 48 GAME LAWS Act April 21, 1915, P- It. 166, as imended bj the Act of May 29th, 1917, P. L. 309. Duty ol For- Miters, TeTMt Bangeri, Game Pro- cectora and FtBh War- 4«iia. ^'rus«icntloas fowera of ol flceri extead *d. tu their de- {Mirtmeut. EXTENDING DUTIES OF OFFICERS. An act extending the powers and duties of Foresters. Forest Rangers, Game Protectors, Deputy Game Protectors, Special Deputy Game Protectors, Fish- Wardens and Deputy Fish Wardens of this Com- monwealth. Section 1. As amended by the act of May 29th, 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 Commonwealth to enforce all the laws relating to fish, game and for- game ; it shall be the duty of every Game Protector, Deputy Game Protector, or Special Deputy Gam* Protector, commissioned in this Commonwealth, to enforce all the law relating to fish, game and for- estry ; it shall be the duty of every Fish-Warden or Deputy Fish-Warden, conynissioned 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 : A.11 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 violation of the game laws shall be brought under the direction of the Board of Game Commissioners ; and, to that end, the powers of aU 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- ester, Forest Ranger, Game i*rotector, Deputy Gam» Protector, Special IDeputy Game Protector, Msh 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 an. Section 2. All acts or parts of acts inconsistent with this act, in so far as they relate to tlie various Bubiects and conditions considered by this act, ana specificaUy changed by its provisions, are hereby re- pealed. -iniK Approved— The 21st day of April, A. D. 1J15. MAP.TIN G. BRUMBAUGH. CLOSING BY THE GOVERNOR. An Act authorizing the Governor of the Common- wealth of Pennsylvania, through proclamation, to close any county or counties, or any section ot any county of Pennsylvania, to hunting or fishing, or to close any stream' or parts of streams to tislimg, when such action is necessary to conserve either the health or welfare of our people or our natural resources. . — r— Section 1. Be it enacted, &c., That from and after the passage of this act, the Governor of 1 cnnsyl- vania shaU have authority, through proclamation, to i8 Neglect ot duty. Mlsdemejinoi Penalty. Employes U be notified. Repeal Act May 14th, 1916, P. L. 530. ExecutlTe Department. Proclama- tion. 50 GAME LAWS. Closure of county or counties, or part thereof to hunting or fishing, etc. Closure of streams to fishing. Violations. Penalty. Repeal. close, for a period not to exceed one season at one time, any county or counties, or any section of any county, of this Commonwealth, 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 bo 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 year, 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. Act June 1, 1915. P. L. 644. Wild birds and animals and game. Hunting for etc . by unatural- ized foreign born resi- dents . Possession oJ owning of dog prohibit- ed . Violation. Penalty. ALIEN DOG LAW. An Act to give additional protection to wild birds and animals and game within the Commonwealth of Pennsylvania ; prohibiting the hunting for, or cap- ture or killing, of such wild birds or animals or game by unnaturalized foreign-born residents ; for- bidding the ownership or possession of dogs by any unnaturalized foreign-born resident within the Com- monwealth ; and prescribiing penalties for violation of its provisions. 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 Common- wealth, any wild bird or animal, cither game or other- wise, of any description, excepting in defense of per- son or property; and to that end , it shall be un- lawful for any unnaturalized foreign-born resident, within this Commonwealth to either own or be po- ssessed of a dog of any kind. Each person violating any provisiion of this section shall, upon conviction thereof, be sentenced to pay a fine of twenty-five doll- ars for each offense, or undergo imprisonment in the common jail of the county for the period of one day for each dollar of fine and cost. In addition to the GAME LAWS, 51 before-nametl fine, all dogs of the before-mentioned kinds found in possession or under control of an un- naturalized foreign-born resident, shall, upon con- viction of such person, or upon his signing a declara- tion of guilt as prescribed by this act, be declared for- feited to the Commonwealth of Pennsylvania ; and shall be either killed in a humane manner and dis- posed of by the officer making the complaint, at the cost of the owner, or shall be turned over to the near- est agent of the society for the prevention of cruelty to animals, to be put to death in a humane manner* Section 2. For the purposes of this act, any unna- turalized 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 resident, and shall be liable to the penalties im- posed for violation of the provisions of this act. Section 3. The possession of a dog at any place outside of buildings, w^ithin 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 which such dog is found, and shall render such person liable to the fine imposed by section one of this act. Section 5. Notice of the seizure of all dogs made for violation of any provisions of section one of tiiis act shall be sent to the Board of Game Commissioners, at Harrisbrug, by the officer making such seizure, im- mediately after the final verdict in any prosecution brought for violation of said provisions, or upon the signing of the acknowledgement 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. Forfeiture of dogs. Resident. Possession of a dog outside buildings • Violation . Fine . Presence of dog in room, house, tent, camp, etc. Violation . Fine. Seizure of dogs. 62 GAME LAWS. iLxr««ti. ■onday ar* P«w«r of gaaxMMTj OOATlOtlom. Warranta. Hearlnf. ientecca. OlapoBltlon of flnea. Section 6. All duly appointed and sworn officers of the Board of Game CoDunissioners 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 die daws 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-keeping may be com- mitted to the jail or lock-up for that day, but shall be 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 action« for violation of any of the provisions hereinbefore- 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, find justice of the peace, on complaint made before him* on affidavit 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 offence, he shall be sentenced to pay the fine pre- earibed by the section violated, and pay all costs «f prosecution. All fines collected in cases where tlM projiecutor is a paid officer of the Commonwealth shall be immediately Burrendered 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, who shall at once deposit the same in the State Treasury, where it shall be kept separate and apart as a part of a fund to be Bsed solely for GAME LAWS. U 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 Harrisburgjtogether 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 shall be the duty of the Board of Game Commijssioners 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 ef a fond to be used solely for the protection and propasration 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 eack dollar of fine imposed, unless lie shall enter a good and sufficient 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 offence 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 dollar of fine and costs. Any person charged with violation of any of the pro- visions of this act, may, at his discretion, sign an acknowledgement of the offense committed, and pay any duly sworn Game Protector the fine in full, aa fixed by the section violated, with costs to that date. The printed receipt therefore, 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. ItatttOMnt. Eecor<. Retoiai to pay. OenmutBiwRt . Acknowledg- ment of of- fense. Payment . Receipt . 54 GAME LAWS. Act May 3, 1917, P. L. 151. Game Com- mission . Non-resident hunters . Application for license. Fee. Non-Resident Hunter's Li- cense . Tag. County treas- urer's com mission. Disposition of fees. Statement . NON-RESIDENT HUNTER'S LICENSE LAW. An Act For the better protection of wild animals and birds and game within this Commonwealth ; re- quiring 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 pen- alties 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 ivi any kind found in the fields, dn 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, thus found within this Commonweal til, without first securing a license to so do in accordance witli the provisions of this act. Section 2. Every non-resident of this Common- wealth, except as othei'wise 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 tlie 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 tag with the num- ber of the license thereon, and said license and tag shall not be transferable. For ser\dces rendered in issuing such license and tag, each county treasurer shall be entitled to retaiq 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 tlie parties receiving non- resident licenses during that week, together with their places of residence, their ages as stated in the GAME. LAWS 55 licenses, and the number of such licenses issued to them. Section 3. 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, eitlier 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 the elbow, or on his back, where the figures thereon can be readily seen. 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 Comrnon- 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 hunter's 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 the 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 hunters' license, or in any manner violating any pro- vision of this section, shall be liable to the penalties imposed by this act for huntng without a license. Form of li- cense . Authority. Term of li- cense . Tag's . Display of tags . Evidence of violaticta. Display of tag. Exhibition of Mcence. Refusal or neglect. renalty. 56 GAME LAWS. Jurisdiction for summary roTiviction. f'onTlctlong. Penaltleg. Fine. Additional penalties. Kllr I)p«>r Bear. Otme-blrd, Beslstlng ar- '•eet, etc. Uffault in pajTnent of flnes. Appeals. Section 3. Jv.risdiction for summary conviction for violation of any of the provisions of this act is hereby specifically given to all alderman, magistrates, and justices of the peace. Any person who shall be convicted summarily by any alderman, mxi,2:istrate, 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 penalty as fol- lows : — If the defendant has violated any of the provision! of tliis act, hut has not killed or captured any gamf 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 offence, and each day he may have so hunted contrary to the provisions of this act shall bo con- sidered 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, tb« 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 hun- dred dollars. 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 attemped 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 fin** shall be twenty-five dollars. If the defendant has resisted arrest for violation of the pro^^sions 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 bf one hundred dollars. In default of paym.ent 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 fivf of the Constitution, and of the laws of Pennsylvanin relating thereto. GAME LAWS, 67 Section 6. If tlie prosecutor is a pafld 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 Commission as hereinafter pro- vided. Section 7. 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 alderman, magistrate, or justice receiving the same. The re- maining half of the fine shall be forwarded, by said alderman, magistrate, or justice of the peace, within ten days, to the Secretary of the Game Commission, who 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 acknowledgement of the offense com- mitted, and pay to the duly authorized Game Pro- tector 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. Section 9. Any person whose duty is to protect the game of the Commonwealth or any officer whose duty it is to preserve the peace 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 vjiolation ; and * may seize all guns, shooting paraphernalia, traps, dogs, boats, decoys, or other appliances used in viola- tion of any provision of this act; and may seize all birds or animals, game or othei^wise, found either in possession or under control of the suspected person within this Commonwealth. All guns, traps, 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 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 siick or injured therein. Disi>os!tiou of fines. Disposition of fines. Acknowleds nient of offense . Receipt. Arrests. Seizures. Disposition of guns, traps, etc. Game. 68 GAME LAWS. ■al* at aoc- tlMl. OlaiKMltlOD •f fond. ^erfelturea. ■•I* [ft CAM Of lHprl«oa- ■•nt. Disposition •f feei and dllM. AU 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- phernalia shall be sold at public auction, after adver- tising the same for five days by at least five public handbills conspicuously 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 prosecution, and shall be col- lected as such. Any fund thus arising shall be ap- plied, — first, to the payment of the 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 the seizure, shall be forfeited to the Commonweath, and shan be sent to the most convenient hospital, for tlie purpose before indicated in this section. All guns traps, dogs, boats decoys, and other shooting para- phernalia thus seized shall be held for a period of ten days ;* after which time, if the ower thereof fails to appear and defend himself against the chargea made, such property shall be sold in the manner pre- scribed for the snle of seized property, after convic- tion. The fund arising from such sale shall be applied as in the case of the sale after 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, held as the property of the imprisoned party, an;! 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 vioation 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 GAME LAWS. &V Act 01 April 24, 1908 (P. I«. 178), bird and game protection, and for the purchase and propagation of game, under the supervision of the Board of Game Commissioners. The several purposes to which the fund shall be applied shall be clearly designated by act of Assemby. Section 11. An act, entitled "An act requiring non- resident hunters, and unnaturalized, foreign-born resi- lient hunters, to procure a license before hunting in this Commonwealth, and providing penalties for* vio- ^^^ *m' lation of its provisions, and repealing an act approved 'V*'* the twenty-fourth day of April, one thousand nine hundred and one," approved the fourteenth day of April, one thousand nine hundred and three (Pamph- let Laws,one hundred seventy-eight), is hereby re- bcdwu pealed. ^^ Approved— The 3d day of May, A. D. 1917. MARTIN G. BRUMBAUGH. GENERAL GAME LAW. An act to provide for the protection and preservation of game, game-quadrupeds, and game-birds, and eong and insectivorous and other wild birds, and prescribing 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 employe thereof. All words or terms in this act which refer to persons or individuals, and which are 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- Act of J ana 7, 1917. ,P 573. "PerioD' «« fined. Blngnlajr and Plural. Gendei. Oamt-blria. 60 Game-ani- mals. "Open sea- son" de- fined. "Close sea- son ■ "detined Violations. First offense. Penalty. Bail. Second or other of- fense. Penalty. Prior convic tion, or plea of guilty. Penalty. CAMi: LAWS. birds, plover, surf-bir.ls, suijxs w(M.(kwk. 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 red, 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 designat:on of seasons and other periods under this act. and under all other laws of this State toi 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 time during which game may not be legally taken or killed shall bo known as the close season. Section 2.Whenever, because of a violation of any provision of this act, a person shall ba convicted for a first offense and a penalty be imposed, and defendant shall neglect or refuse to immediately pay said amount, togetlier with the costs of prosecution, lin lawful money of the United States, he shall be at once committed to the common jail of the county for a period ot 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 oifense 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 penaltv 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 1 the same manner as a person convicted under the fore-;, GAME LAWS. 61 going provi;sions relative to a second offense against ^^iVeverv case of a conviction for a violation of any prov sion of this act, wherein a ^^^fendant suiters im- nrisonment in lieu of a cash payment of the penalty and coTte imposed, all traps, guns, shooting parapher- ^a a boate decoys and other appliances uSed m vio- fntioA of the law, and found or proven to have been lither in possession or under control of the defendant nt tho tirne of such violation, shall be and they aie tity sXcient to pay said penalty and cos s ; and he money thus secured be PPPlie^^.^y^^Hhe balance i^ -rbf4o^i^/wi?h^?r^t^^ ''sS!on''3"Tht"laws of this Commonwealth ^SE^frift^r^^an/^^^ SSlbf^^^eSal^l^^c^J^^^S po'e^of scdntific study or experiemnt ; or to the Boa d of Game Gmmissioners, or to its duly aiithorizea agent Sng for the State; and no law shall be held to prevent the Board of Game Commissioners, through its "^duly authorized agent, from destroying birds or animals destructive to game, in such manner as they ■ may direct. Nor shall the penalties as attached to anj game law be construed to apply to any person legallv acting under the 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 Inch certificates shall be limited to the rights and nrivileges therein named. The said Board shall be empowered to grant certifi- cates, at their discretion, which shall be good for the term of one venr from their date and shall not be trnnsf r-blf^ These certificates may be issued to any In case of imprison- ment. Forfeiture. Sale. Disposition of money. Game laws construed. V^en provi- sions of this act shall not appply. When penal ties shalll no attach. Granting ot certificates. 03 GAME LAWS. •woni •tat» oaent befoT« renewal. Or41n«.r7 ttflcat*. 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 museum within the Commonwealth ; or to any one residing Tithin the Commonwealth, who is a teacher of orni- thology in any school within the Commonwealth, per- mitting the holder thereof to collect wild birds 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, witliout 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 b© known as a Special Certificate, t» take birds for strictly scientific study, may be issued by the Board of Game Commissioners, and shall be controlled by the same conditions and requirements as che Ordinary Certificate, excepting that such certifi cate may be issued only to a person, residing Within the Commonwealth, of known scientific attainment ir ornithology; in which case the holder thereof shall be authorized to take the wild birds and animals of thip State, without limitation, for strictly scientific study or 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. GAME LAWS. 01 Persons having «ither of the above certificates, and 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, edther mounted or otherwise, excepting as herein provided, or in any manner violat- ing any provision of this act, shall be subject to the penalties prescribed by existing law, in the same man- aer and 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 tiiese certificates, the certificate shall become void, and the holder of such recalled certificate shall be denied a renewal thereof for a period of three years. In order to secure either an Ordinary or a Special Certificate, the person desiring same shall file with the Secretary of the Board of Game Commissioners a petition asking that such privilege be granted to him, and shall pay to said Secretary one dollar. Section 5. As amended by act May 5, 1921, P. L.- Section 5. It shall be unlawful for any person to breed or sell ferrets, or in any manner to offer to sell ferrets, either for himself or as the agent of another, or to have a ferret in possession, except by virtue of a license to be issued by the Board of GarAe Coimmissioners ; which said license may be issued, at their discretion, by the said board, upon application made by any resident citizen of tjie United States, 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 : Pro- vided, That before any breeder or dealer in ferrets may lawfully sell, of any common carrier or agont of such common carrier may lawfully deliver, a ferret or ferrets to any person within this Commowealth, such person or agent must personally see to it, by requiring presentation of the certificate or inquiry from the Board of Game Commissioners, that the person desiring to make such purchase or to . whom a ferret or ferrets may be consigned has fifrst obtained a proper license to have such animal or animals in possession. Any person violating this section shall, upon con^ viction, be b'able to a penalty of twenty-five dollars for eadi ferret bred for sale, sold.delivered, or in any YlolatloBi. Penalty. AppUcatlo* for certifi- cate. Fes. Ferret*. Lioent*. Fe«» Prorlso. Duty of Tendorg or carrleri. Penalty. YlolatloBS. 64 GAME LAWS, Taxidermy for profit. Proof of Ti(^ lation. Penalty. Report from tavidermista before re- newal. manner offered for sale or delivered, or had in posses- sion , contrary to this section. Section 6. Any person desiring to practice taxi- dermy for profit shall, before beginning such practice, secure from the Secretary of tlie Board of Game Com- missioners a certificate authorizing him to act thus; and the possession of such certificate shall 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, either 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 o'f the fact that any pereon 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 tlie 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 birds or animals, either mounted by himself or under his 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 sj^cimens 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 GAME LAWS, 65 asked 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 pay to the Secretary of said Board the sum of one dollar for such certificate. Section 7, as amended by act of May 5th, 1921 P. L. Section 7. A certificate, to be known as a propa- gating certificate, may be issued by the Board of Game Commissioners to any accredited resident 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 aUve, at any time, 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 ask- ing for this privilege. Where the premises intended to be used for this pur- pose are under the control of a company or associa- tion, 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 accompanied by a writ- ten description of the premises to be used for such purpose, with the location ; which said premises, in the matter of raising of small game, may be in such form as to the operator thereof seems best suited to his purposes, so long as wild game is prevented from coming onto such property. In the matter of the raising of deer or other large game, the preserve shall be surrounded by a wire fence of approved pattern for game preserves, with a height of not less than eight feet, so constructed and maintained as to abbsolutely prevent wild deer from jumping into sai(? preserve or in any manner Pailue to re- port or to answer. Statement to accompany petition. Propagating certificates. Petition for certificate. Premlies. Description. Character. For small game. For large game. Fence. 66 wild deer to excluded. Forfeiture ol bond and certificate Fee. Bond. Eecords. Itemized statement to be filed with game com- mission. fiispection of reoorda and premlaett. GAME LAWS. Bussing into said preserve from tlie outside. Before Xe fence surrounding any preserve of this character shill be Completed or closed, all wild deer that may be found upon said territory shall be, as far as Possible. rfHvPn therefrom by tlie owner of such lands, under ?hTd^rection'of an officer of the (>ame ConHnission The bond hereinafter provided for shall be forfeited to the Commonwealth and the certificate become void jTpon the Tonviction of the principal therein named of h«vinr largo or smnll gamp sold alive to a representa tive of the State, for propagating purposes within the Commonwealth. 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 officer of some court of this Commonwealth, or of some Game Protector of the Commonwealth. Any person violating this section shall, upon conviction thereof, be sentenced to pay a penalty of fifty dollars for each tag or marker wan- tonly removed, mutilated, or destroyed. Section 9. It shall be unlawful for any persob to wilfully use any such tag or marker, prescribed by this act, for the purpose of protecting or carrying game of ajiy 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 GAME LAWS. 00 dollars fo 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 Comuonwealth, 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- hibted 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 Coipi- 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 shall be sentenced to pay a penalty of fifty dollars for each bird or egg 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 possession 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 shall 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- terfered with or wantonly destroyed : and shall be sen- tenced to pay a penalty of fifty dollars for each nest of a game-bird either wantonly interfered with or de- stroyed. Section 12. It shall be unlawful for any person, ex- cept as provided for in this act, to at any time shoot at, or wound, or take, or kill any wild bird other than a game-bird, or to have such bird, either living or Illegal tm- portationa. Bird or ani- mals. Unlawful re- lease. Unlawful Im- portation or sale. Inspection and quaran- tine. Violations. Penalty. Nests and Violations. Penalty. Wild birds other than game-blrda protected. 70 GAME LAWS, Killing:, i^oundintr, i^hipment or jKissessiou cf. Tii'lations. I Fcnaity Violations Penalty. I'roTlso TUivircitfotcd birds. dead, or part thereof, in possession, or to have any part of the plumage or skin thereof in possession or under control for purposes of sale, or to offer or ex- pose the same for sale, or to transport or ship or remove, or attempt to transport or ship or remove, from this (Commonwealth, for any purpose, sfuch bird, or any part of the plumage or skin thereof; or to have in possession or under control for sale, or to sell or to offef 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 bm those found in a wild state in this Commonwealth. Whoever shall violate any provisions of this section shall be liable to a penalty of ten dollars for each wild bird other than n game-bird shot at. wounded, or killed or taken or had in possession, transported, shipped, or removed, or nttomptod to be transported, shipped, or removed, out of this Commonwealth, or for any part thereof, in any manner taken or held for a purpose contrary to any provision of this act; such bird boing of n kind found in a wild state in this Commonwealth, and that is protected by the laws of tips CoTnmonwonlth ; and nny person, acting either for himself or as the agient or reprsentative of another, who shall sell or bartor. or who shall attempt to sell or barter, or who shall have in possession for sal'^ or barter, or who shall ship or remove, or cause to be shipped or removed, out of this Commonwealth, for sal'^ or barter, a wild h\r<^. other than a game- bird, either living or doad. or the skin or the plnmage or anv oart 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 fr> a pennHy of twenty dollars for oach bird or bi^d-skin or bird plumage, or any part thereof, sold, offered for sale, had in possession for salo. or in any manner romovd out of this Commonwealth for sale, r'ontrary to thi«: section : Pi'ovided, however. That the blue jay. the English sparrow, the Euronean starling, tho kin'^ph'^'r. the buzzard, th" g'^shawk. the sham- shined hawk, the Cooper's hawk, the red-tailed hawk, thfwjr^^lKjTThhMjrdhnjjT^^^ GAME LAWS, 71 marsh hawk, the rough-legged hawk, the duck-hawk, the pigeon-hawk, the barred owl, the great gray owl, the great-homed owl, the snowy ov/1, the hawk owl, the raven, the crow, the blue heron,* the green her- on,* and the night heron* may be killed in any manner at any time : and that nothing in this act is intended to interfere 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 purpose excepting that of sale. Section 13. There shall be no hunting for or shoot- ing at or chasing of game upon the first day of the week, commonly called Sunday. Any person violating this section shall, ur^on conviction, be liable to a pen- alty of twenty-five dollars for each offense. Section 14. As last amended by Act of May 5th, 1921. P. L.— 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, either living or dead, any game- bird or game-animnl, or any part of such bird or animal, protected by this act. The open season for gamp-birds and animals, Sundays excepted, shall be as follows : — For the wild-turkey, ruffed grouse, commonly called pheasant, ring-necked pheasant, Virginia partride, commonly called quail. Gambel quail. Valley quail, Hungarian quail, and the gray, black, and fox squirrel, from the first day of November to the thirtieth day of November. For the red squirrel, from the first day of November to the fifteenth dav of August next following. For the wild rabbi> and the hare, from the first day of November to the fifteenth day of December.. For wondeocl<. from tho first day of October to the thirtieth day of November. For the raccoon, from the first day of October to the thirty-first day of January. For bear, from the first day of November to the fif- teenth day of December. L:\\vful poa- fc.ssion of tinned or cured BkiiuB. Hiuiling, shooting, etc., on Biuiday pro- hibited. Open sea- sons. ■^Vild-turkey, luffed i;ronse, ]>heasant and quail. Squirrel. Eabbit and hjare. Woodcock. Baccoon. Bear. ( T2 Deer. PloTer and blackbirds. Bail, coot, shorebirdg, etc. Wild water- fowl. Gamble and Valley quail. Penal tieB. PtotIbo. Limitation as to nninbel Day. GAME LAWS. For male deer, with antlers extending not less than four inches above the top of the skull, from the first day of December to the fifteenth day of December. For upland or grass plover, and the birds commonly called blackbirds, from the first day of August to the tliirtietli day of November. , , . , ■, • For the rail, cool, or mud-hen, reed-bird, saiid-piper, tattler, curlew, Wilson or jack-snipe, or any other shore bird, excepting woodcock, from the first day of bep- tember 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 December: Provided, That the Gambel and Valley quail shall be accorded the same Protection throughout given to the Virginia partridge, commonlj called quail, by the act of June seventh one thousand nine hundred and seventeen (Pamphlet Laws, five hundred and seventy-two), and its several ?^endments^ Any person who shall violate any provision of this section shall be liable to a penalty of one hundred doTla?s for each deer; and fifty dollars for each bear: and twenty-five dollars for each wild-turkey or rufiEed g?ousV or quail or woodcock or ring-necked pheasant ; and ten dollars for each rabbit or hare or squirrel or Raccoon or wild water-fowl or shore-bird, other than a woodcock or plcver or reed-bird or blackbird,— killed Z tnken, or attempted to be killed or taken or had in possession, at a time other than that fi^ed as the open season for such animals and birds, or in any manner contrary to this section: Provided, however That ring-necked pheasants raised strictly m captmty may be killed by the owner of such birds upon lands ^ch person may own or control, without .regard t^ numbers, during the open season for nng-necked ''^sS'n'lS as last amended by Act of May 5th. looi PL. — Section 15. It shall be unlawful for any person to kill in one day more than one wild-turkey, or more than three ruffed grouse, or more than eight Virginia partn-dges, commonly called quail, or more than eight Gambel or Valley quail, or more than six woodcock, or more than tlfree ring-necked Pheasants or more than four Hungarian quail, or more than six squirrels of the r- fowl. Unlawful use of water craft. Penalty. Decoys. LiimitatiOB of number, etc. Violations. Penalty. Hare or rabbits not to be taken through u.se of ferreta. 76 GAME LAWS. Penalty. Use posses- sion ov con- trol of fer- rats. Penalty. Forfeiture. Waptltl or elk. Close seaBon. Open season. StlU-hunt- Ing. Penalty. Deer or elk. wall or log, outside of buildings, in which a rabbit mi^ht 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 the fields or forests or in any vehicle upon the high- ways, or on railroad cars; or shall be proven to have use'J er have been possessed of a ferret while hunting: or shall while going hunting or while re- turning from such a hunt, have a ferret either in pos- session or under control , shall render such person lia- ble to the penalty of twenty-five dollars for each ferret to the penalty of tweny-five dollars for each ferret had in possession or under control at any time. Any feri'<^t founM, running at large, or found in the possession or under control of a person not possessed of a ferret license, or of a person convicted of \nolating any provision of this act. shall be forfeited to the Conimonwr-alth, and shall be immediately killed by the officer or citizen into whose hands such anima] may come. Section 19, as amended by Act of May 5th, .1921, P. L. — 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 state in this Commonwealth, or to have such wapiti or elk, or any part thereof, in possession, before the first day of December, one thousand nine hundred and twenty-three. Tliat after the thirtieth day of No- vember, one thousand nine hundred and twenty-three,, unless otherwise provided, there shall be annually an open season for wapiti or elk, which open season shall correspond 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-hunting, only one wild wapiti or elk, which in all instances shall be a male wapiti or elk with antlers, commonly called horns, with not less than four points to one antler. Any person violating any provision of this section shall be liable to a penalty of two hundred dollars and six months imprisonment for each offense. Section 20. The possession or control of a deer or elk, or of any portion of either of such animals, shall. GAME LAWS, 77 unless the head, bearing antlers extending at least*** under act of May 5th, 1921, four inches above the skull, *** in the case of a deer, and in the ease of an elk not less than four points to one antler, be at- tached 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 control the same may be found, or who may be proven to have had such animal or part thereof in possession or under control, liable to the full penalty now imposed by law for the unlawful killing of elk or deer, as the case may be, unless such person shall immediately, upon demand made by an officer of the Common- wealth wIk.sc duty it is to pn)tect the game and wild birds, produce the head bearing antlers of legal length, or shall swear that the flesh in question, found in his i)()s.s('ssi()n 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 officer investigating may be considered neces- sary ; and the officer investigating a case 'of this char- acter, or anv other violation of the game-laws, is hereby authorized to administer oaths relative to such matter; and where game of any kind is found in a camp, 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 illegallv. unless the person or persons in charge or in control of «uoh game shall answer satisfactorily im- mediatolv under oath if required, such pertinent ques- tions relating to the taking or ownership or posses- sion of same as may be considered necessary by the officer investigating; and in every case where such person or ii(>rsons. in possession or in control of such game, refuse to so answer such questions, the game thus found in possession or under control is hereby declared forfoited to the Commonwealth, and such officer is directed to take charge of and di-^pose of samft as prox-ided by law relative to game seized in this Commonwealth. Section 21, as amended by Act of May oth, 11)^1, p L Section 21. It shall be unlawful for any body of men, either camping together or hunting in unison or in any manner cooperating with each other, to Possession or control. Prima facie erideuce. Penalty. Production of head. Official in- restlgatlon. Adminis- tration of oatiis. Possession of g-ame prima facie evidence. Oath of i)er- Bon haring game in pos- Bession. Forfeiture on failure or refasal to arswer questions. Camps and Imnting par- ties. 78 GAME LAWS. LilmitatiOD , Becords. uiftrkei'E. Liiability to i)eiiaJties. Proviso, kill or be possessed ©f more than six legal male deer, or more than one legal elk, or more than three bear, killed under the provisions of existing law, in a wild state, in one season. Each camp or body of men hunting together shall, at all times while hunting, maintain a roster or record, giving in plain English the name, address, and license numbers of all persons hunting with that party at any time during that season, which roster or record shall be kept at the camp, boarding house or other stopping place, and, if not camping or stopping together, in tlie possession of the leader or captain of such party. Such roster or record shall at all times be open to inspection by any officer whose duty it may be to pro- tect the game of the Commonwealth, Each person killing a deer, elk, or boar in a wild state shall see to it that a tag or marker is attached within six hours after such killing, bearing in plain English his name, address, license number, and county number, with the location where same was killed. Every person in a camp or body of men hunting together or in any manner cooperating with others in hunting for deer or elk or bear, shall be liable to the full penalty now imposed for killing deer or elk or bear during the close season for each animal killed by any member of their party in excess of the before- mentioned numbers, after the time the various mem- bers of such party hunting together have had ample opportunity to get together, not exceeding the close of said day, and ascertain that the legal limit of such animals has been killed : Provided, That should more than the lawful number of deer or elk or bear to fill out the le^al quota be killed unintentionally by any camp or hunting party, any excels animalsi shall be turned over to the nearest game protector or paid representative of the Department of Forestry, within eighteen hours after killing, for delivery to a char- itable institution, the head and skin to be disposed of by the Board of Game Commissioners. Every person who may hunt individually or with another camp or party hunting in unisicn for deer or elk or bear, or in any manner cooperating with others hunting for deer or elk or bear, after having participated in any manner in killing during that sea- son the number of such animals above prescribed for Game laws. 79 camps or hunting parties, shall be liable to the full penalty prescribed for killing such animals during the close season for every day such person may hunt con- trary to this provision. For failure to keep, or produce immediately upon demand by any officer specified, the roster or record required by this section, or for failure to tag deer or elk or bear as herein required, any game found in pos- session shall be confiscated, and the person responsible for such neglect or, if unable to immediately locate the individual responsible, each member of a camp or party hunting in unision, shall be liable to a penalty of twenty-five dollars for each offense. Section 22, as amended by Act of May 5th, 1921, P. Jj.— Section 22. ^ When it is proven to the satisfaction of the Board of Game Commissioners that either deer or elk or bear or rabbits or blackbirds or other game is excessively destroying property or otherwise be- coming a nuisance in any section of the State, the said board shall have authority to at any time remove or to have removed said animals or birds from that neighborhood or to direct the killing of same, as the case may require. Nothing in this act shall be so construed as to pre- vent any person, actually residing upon or cultivating lands within this Commonwealth, as either the owner or lessee, or the legitimate employe of such owner or lessee, from killing, in any manner or at any time, any deer or elk or bear or rabbit or raccoon or the birds commonly known as blackbirds, regardless of sex or age, which he may find on such lands actually en- gaged in the material destruction of cultivated fruit- trees, cultivated crops, vegetables, live stock, poultry, or bee-hives, or. in the case of blackbirds, either the eggs or young of other birds, or anyw^here on the prop- erty under their control immediately following such de- struction : Provided, That such person shall at all times be in the position to prove that material damage was being done by the anifnal or bird killed, and report such killing, except ia the case of blackbirds, within twenty- four hours, either verbally or in writing to the nearest Game Protector or the office of the Board of Game Commissioners, at Harrisburg ; also dress and proprrly care for the carcass of any animal killed for delivery Failure to keep or pro- duce recordi Penalty, Powers of Game Comm- issioners. Powers of land owners, etc. Proviso . Proof. Peport . so GAME LAWS. PtotIbo. Bears. Opening counties for bear bunting. to such charitable institution as such officer or board may direct. Failure to prove material damage or make the report herei-n required or properly care for such carcass shall be prima facie evidence that the purpose was not to relieve the destruction of property as herein contemplated, and shall subject any person killing any animal or bird named in this section to the full penalty provided by law for killing such animal or bird during the close season : Provided however. That nothing in this act shall be constructed to prevent any person from killing a bear at any time or in any manner when such animal is inflicting or attempting to infli?t injury to oither the person or personal property of any indi^ndual, or the killing of such bear in a pursuit commenced within forty-eight hours after the commission of such offense, or to pre- vent any person from killing a bear .at any time, in any manner, when such animal is found within one- half mile of his regular place of residence, if such person has just cause to fear injury to persons or his personal property: Provided, That steel traps shall not be used for the purposes stipulated in this pro- vision relative to bear. Any bears killed under this provision shall be reported, and the carcass cared for and disposed of in the same manner as directed above: Provided also That upon ree.-ipt of a notition from any county, containing thp signatures of not loss than t"wo hundred citizens of that county, deolnring that bears have become a nuisance in that section, setting forth in what manner such animals are a nuisance and Rueh other writing or evndence as the petitioners may deem it advisable to file, the said board, if upon investigation it is satisfied the conditions in that couny warrant such action, may declare such county op^n to the killing of b'^ar, at any time of the year, in any number, and by any method, except steel traps and deadfalls, by any citizen of the United S+ates when complying with the hunter's license laws of the Commonwealth. To either open a county to the kill- ing of bear, as herein provided. for, or to revoke such declaration, a proper notice to that effect shall be pub- lished by said board in not less than three newspapers of general circulation in the county affected, if there be that many published in the county, one time each GAME LAWS, 81 week for three consecutive weeks, setting forth the date such action becomes effective. Bears killed under the provisions of such special declaration may be con- sumed or disposed of under the provisions of law by the person killing same. 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 in the 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 the dog so taken into the woods, or had in possession, or under control, or harbored, cared for or permitted to remain 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-rurkeys. Section 24. As amended by act of May 10th, 1921, P. L.— Section 24. It shall be unlawful for any per- son to make use of what are known as buckshot in hunting for or shootig at either elk or deer or bear; or to kill or to attempt to kill any deer or elk or bear, except as provided for in section twenty-two, by or with or through the use of a gun propelling 'or emmit- ting more than one pellet, bullet, or ball, at such deer or elk or bear tlirough a single discharge ; or to take an elk in any manner except through the meth-od known as still-hunting. Any person violating any provision of this section shall be subject to the pen- alties provided by this act for the unlawful taking or killing of deer or elk or bear; as the case may be, during the closed season. EOk or deer In streams, pondB, or lakes. Liability of those taking dogs In the woods or to camps. Penalty. Evidence. Unlawful use of buckshot. Elk or deer. Gnns. Still- hunting. Violation*. Penalty. 82 GAME LAWS, Dogs pur- snins large game. l'nhli( sance 11 ui- Killing of dog. Affidavit. Liability. of owner, et al. Pursuit of elk or deer. Peualty. Liability of, owner, ft aJ. Notice in writing. Double pen- alty. Dogs pur- suing small {,'aine. During close sea- tion. Killing of dog. I»ublic nuisance. Section 25. Any dog pursuing or following upon the track of a deer or elk or fawn is hereby declared to be a public nuisance. Such dog may be killed by any person when seen pursuing or following upon the track of an elk or deer or a fawn ; or by a game- protector, deputy game-protector, game-warden, for estry- warden , or any other officer of the State, whose duty it is to protect any of the gjijme of the State, uppn affidavit being made by one or more persons acquain- ted with the facts that said dog is in the habit of, or has been seen or heard, running upon the track of or pursuing any elk or deer or fawn within a period of two years from the date of such affidavit. The owner or person harboring or in control of a dog, either killed in confonnity with the law or proven 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 dol- lars for each elk pursued, and one hundred dollam for each elk killed or caused to be kille^l, by such dog running at large, without the aid or direction of its master; and to a 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. Where the owner or person harboring or in control of a dog shall neglect or refuse to take such action as may be necessary to prevent such dog from running elk or deer, after notice in writing from an officer of the State, whose duty it is to protect the game of the State, to the effect that the dog in question is in the habit of pursuing deer or elk, shall be liable to double the amount as fixed before for the first offense ; such penalty to be recovered as are other penalties im- posed by this act. Section 26. As amended by act of May 5th, 1921^ P. L.— Section 26. Any dog pursuing or following upon the track of any gapie-quadruped, such as hare or rabbits, and known as small game, or following upon the track of any game-bird or other wild bird protect- ed by existing law, during what is known as the close season for such animal or bird, is hereby declared to be a public nuisance, and- may be killed by the owner or lessee of land whereon it is found, or by an em- ploye of such owner or lessee, or by any officer of the GAME LAWS, 83 Commonwealth whose duty it is to protect tlie 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 af 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 any officer of the State whose duty it is to protect the game of the State, when siicH dog is seen upon the track of such game, aSter notice in writing from that particular person, or from. the Sec7e?ary of the Game Commission, has been given to the owner or reputed owner or person in control of Sch doJ to the effect that the dog in question is in the habft of destroying or pursuing or following upon the t?ack of game or wild birds contrary to this ^^ Any 'person who shall either knowingly, or negli- <^eX permit his dog or a dog under his control to pursue small game <^™^ the close season off land he may own or control, shall be liable to a penalty of ten dollars for each daV small game may be pursued in 'StLn of Xs section, and to an additional penalty of five dollars for each game-bird or rabbit killed by such dog pursuing game without the aid or direction oflts mister: Privided. That dogs when accompanied by and under control of their masters, may J>e trained upon any of the living wild-game or birds in this btate, excepting elk and deer and fawn or wild-tiirkeys. from the first dav of September to the first day of March next following, Sundays excepted so long as no fire- arms usuallv raised at arm's length and fired from the shoulder are carried and no injury is inflicted upon said animals or birds. . -j j k„ <-i,io Section 27. Except as otherwise provided by tnis 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 rabbits 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 oap- roUar aud name plate. Killing after notice to owner. Tjjabilitj" of dog owner. Penalty. Proviso. Training dogs. Selllnff. off- ering for sale, etc.. o» game-birds and game- animals. 84 GAME LAWS. Sale of wll4 water- fowL Flolmtlonfl. Mlk or d«ttT. Penaltj. Babbits, hares.saotr. rela. V^lolatloQfl. Buff«d- fnue. wild- woodcock, ph«aaant, qoall. Penalty. Wild water- fowl. Penalty. Pjwflse. ■Ik oi leer. Birds. 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 rufEed grouse, commonly called pheasant, or any wild-tur- kpy, or any woodcock, or any quail, commonly called Virginia partridge, that shall have been killed or cap- tni'cd in a wild state, either within or without the boundaries of this Commonwealth ; and no person shall sell or barter, or offer to sell or barter, or have in possession for sale or barter, any wild duck or any wild goose, or any other bird of the kind commonly known as wild water-fowl, that has been eitht*r killed, taken, or captured in a wild state in this Common- w<'alth, or that may have been brought into this Comnionw«'alth botwoen the first day of January and the first day of September of each year. Any person who shall violate any provision of this section relative to the purchase or sale or barter of elk or of deer shall be liable to a penalty of two hun- dred dollars for each elk, or part thereof, bonglit or sold ; or had in possession for sale, or bartered for and one hundred dollars for each deer, or part there- or, bought, sold, or had in possession for sale, or barttM-ed for, and any person who shall violate any provisions of this section relative to the purchase or sale or barter of rabbits or hares or squirrels shall be liable to a penalty of ten dollars for each animal bought, sold, or had in possession for sale, or bar- tered for. Any person who shall violate any provision of this section relative to the purchase or sale or barter of ruffed grouse or of wild-turkey or of woodcock or of quail or ring-neck pheasants shall be liable to a pen- alty of twenty-five dollars for each bird, or part there- of, bought or sold, or had in possession for sale, or bartered for, or in any way had in possession or handled, contrary to this section. ' Any person in any way violating this section rela- tive to the sale or attempt to sell wild water-fowl shall be liable to a penalty of ten dollars for each bird in any way handled contrary to this s(H?tion : Providing, That nothing in this section shall be con- strued to prevent the purchase or sale, or introduc- tion into this State, at any time, of either elk or deer or rabbits or squirrels, or birds alive, for propagating GAME LAWS. 80 purposes, that have been inspected and legally passed by a representative of the Livestock Sanitary Board of the Department of Agriculture, as before provided for in this act., &r to prevent, at any time, the sale within the State, or the shipment out of the State, of Belgian or German hare, or of any other aninial 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 prevent the sale of game killed in a wild state dur- ing the open season for such game, and for thirty days 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 ruffed-grouse, com- monly called pheasant, any English, Monogolian, or Chinese pheasant,, 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-quadruped protected by this act, or parts thereof, which shall have been caught, killed, or taken in a wild state within this Commonwealth. Any per- son violating any provision of this section shall be liable to a penalty of one hundred dollars for each elk, and fifty dollars for each deer, and twenty-five dollars for each bear, and ten dollars for each game-bird 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 within 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 pgg; 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- Propacatlas pnrposea. Belxlaa hares. PtotUw. Lawful sale of same. Unlawfiri poflee«8l(Ha of (rame- blrdfl and game-anl- malSo Violatlona Penalties. Unla^rfni poBsesslon. BIrda or anlmaUl. Eg'ffg or nests. Primm facie erldenoe. Penalty. 86 GAME LAWS Lawful trapping of quail and ring- neck pheas- ants. Transpor- tation. Hunting, for wages or hire. Oiiifles. •Oniployer. Violations. Penalty. Rmployer. Penalty. Shipment of game within the State. Shipment of game of all 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. 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 alive during the winter, or for the purpose of separating a covey to increase the chances of propagation, but for no other purpose whatever ; and neitlier quail nor pheasants thus taken shall be transported from one locality to another lo- cality in this State, excepting 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 w^jl 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 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 emploj^er 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 dollars for each deer, and twenty-five dollars for each game-bird, and ten dollars for each rabbit or hare or squirrel, be 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 jmonths' 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- GAME LAWS. 87 Tier of any description or by automobile or vehicle of kinds by «.ny kind, any bird or animal, or part thereof, of the Parcel post 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 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 carriers a kind commonly known as small game, the same shall be carried upon the person, in the hunting 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 the name of the owner of such game, with his home address, and the character of the contents of such package, so that such contents may be de- teimined 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 specim'en, and shall 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- Transpor port a game-animal or game-bird of any description, tatiou. absolutely prohibited. Shipment, otherwise. Common Accompanied by owner. Small ; Large game I^faarker. When cut up for shipment. Marker. Proviso. Trophy or specimen. 88 GAME LAWS, Penalty. Penalty. Bhipment or reraoral of game from the State. Common carriers, •tc. Violation. Penalty. PtotIbo. Game In transit. Game carried out of State to 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 negligently receive 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 transported or shipped or removed, out of this State, any game animal or game bird or wild bird protected by this act; or shall catch, take, or kill, or have in his pos- session or under his control, any of the game-birds or gam(»-;niimals or wild biids 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 tJie ship- ment or removal thereof out of this State; and ex- cepting as provided for in this act, it shall be unlaw- ful for any person acting in the capacity of a com- mon carrier, or as the oi)orator 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. Whoever shall of- fend against any provision of this section shall be liable to a penalty of two hundred dollors 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 shipiYient 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 GAME LAWS. 89 from one point to another point in this State, and is reach destl- accompanied by the owner thereof, and actually de- f^^\^' "^*^* livered at the point of destination within this State, state if necessarily carried owt of this State to reach its destination : And provided further, That any non- Proviso, resident licensed hunter in ay take with him person- Non-resident ally, when leaving the State, in manner prescribed by licensed that law controlling the shipment of game from one bunter may point to another point in this Commonwealth, rela- ^j^ ourof* tive to the tagging of game, any of the game-animals state. or game-birds, except wapiti or elk, that such licensee Tagging. 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- Penalty, posed by law for the killing of such animals 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 twenty-five dollars for each day such per- son may hunt contrary to this provision. Section 34. Each magistrate, justice of the peace, Summary and alderman shall have the power of summary con- conviction viction in matters pertaining to violation of any of the provisions of this act. All actions for violation Actaoni. of any of the provisions of this act, except where the defendent is taken in the act of violaf ng 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 warrent, under his Wan-anti. hand and spal, directed to any constable, police officer, game-protector, or any officer of the Commonwealth whose duty It is to protect the game and vrild 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 Hearing. 90 GAME LAWS Sentence. I'enalties . Disposition of when f^alaried offic er Is proso- cator. r>Isposition of when of'or than salaried of- ficer Is prosecutor . Statement. DntT of Sor- retary of th« board. Separate fubd. Appeals . cietermine the guilt or innocence of the person ac- cused ; and , if such person be convicted of the of- fense charged, he shall bo 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 Commonwealth, shall be im^mediately surrendered by the court receiv- 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 Com- missioners, at Harrisburg. Where 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, foi-warded 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 mado a ))nrt 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 Treasurpr, 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 ganie under the supervision of thp Board of Game Commissioners of the Commonwealth of Pennsylvania, and for the^ payment of bounties under the provisions of law. The several purnosos 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 beCng 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 outithnl to an appeal under the provisions of section fourteen of article GAME LAWS, 91 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 dollar of penalty imposed : Provided, That any per- son caught in the act, or charged with a violation of any prov'sion 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-Proteetor 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 Assemblv are absolutely repealed ; namely,—**** Act of Mav 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 April 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 Mav 9, 1913 fP- L- 193) : Act of April 15. 1915 (P. L. 131) ; Act of Ani^'^ 15. 1915 (P. L. 133) : Act of April 21. 1915 (P- L- 146)- * * * * All other acts and parts of acts inconsistent with this act are repealerocedure to Bccure bonnty. Production ef animal •T pelt. AffldaTlt r«e for afll- teTit BOUNTY LAW. An act creating a reward or bounty for the destruc- tion of certain noxious animals killed within the Commonwealth of Pennsylvania ; providing a method for the payment of the seme ; and providing the method of furnishing evidence of said destruction, and penalties for the violation of the several pro- visions hereof. Section 1- As amended by Act of April 1st, 1921, P. L.— Section 1. Be it enacted, &c., That a reward or bounty shall be pad 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 one dollar and fifty cents;* * * Section 2. It shall be the duty of* any person who, having killed within this Commonwealth one or more of the an. mals 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, wthin this Common- 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 killed (naming it) was within the Commonwealth of Pennsylvania, and that such animal was not reared in captivity. Upon the production of such an/mal or pelt before any person authorized to take affidavits under the •Mink taken from bounty list by fur-bearing law, page 116. GAME LAWS 98 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- 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 affidav.'ts 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 anmal 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 captiv'ty. Upon the completion of such affidavit and the pay- ment of the fee as above states!, the game protector or other person administering the oath shall, with- out splitting the face or otherwise multilating 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 "s 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 pelts in proper form, the Secretary of the Board of Game Commissioners, being satisfied that tke 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; AffidaTlt. Duty of offlclal. Dellrery of pelt and affldaTit to claimant. ForvFardln* of affldaTit to Board of Game Com- mlBfiloners. Duty of JB6» retair of board. MutUAtlOB of pelt 94 GAME LAWS, Forwarding of cbeck and pelt. to claimaut. AcoountiiLg with Auditor Geueral. Requisitious of State Treasurer. Bond. WariHut* Fund for payment of bounties. Act of April 17. 1913 (P. L. 85). and shall as quickly as may be, forward his check to the claimant tor 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- For the purpose of this authority, the Secretary of the Game Commission is hereby empowered to make 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 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 h's war- rant upon the State Treasurer against the fund, here- inafter desijrnated, roooivod from the hunters' license fees, fines, penalties, and other laws of this Com- monwealth, as set out in the fifth section of this act of Assembly, and hereinafter designated, "Fund for the Payment of Bounties." Section 5- Pursuant to section twelve of the act of April seventeenth, one thousand nine hundred and thirteen (Pmnphlet Laws, eighty-five), providing for the licensing of hunters, which provdes, "It being specifically provided that fifty per centum of any fund 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 applied by the Leg- islature at its biennial sessions to tthe payment of bounties," — one-half 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 ''n a separate and special fund, to be GAME LAWS 95 designated and known as "Fund for the Payment of Bounties" ; and all the mooneys placed in said fund are declared to be 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 warrants so drawn by the Auditor General in favor of the Secretary of the Game Commission: Provided, I'roviso. That the office expenses, clerk hire, postage, et cetera, necessary to the performance of the extra duties im- posed by this act upon the Board of Game Commis- sioners, shall be a charge against the fund created by this act, and shall be paid, upon requisition of the secretary of said board, and in the sapie form and manner as requisitions for bounty are paid : Pro- proviso. vided further, That any moneys so placed in this fund and not needed under the provisions of this act. shall be used solely for the purpose of wild bird and game protection, under the supervision of the Board of Game Commissioners, in the same manner as other moneys held separate and apart for such use- Section 6- Tlie game protectors and special dep- Oaths. wtj game protectors of the Commonwealth of Penn- sylvania are hereby authorized and empowered to ad- minister the oath necessary to the proving of the claims made, as pro^nded by section two of this act, but no charge for administering such oath is to be mnde by any salaried game protector: Provided, That special deputy game protectors shall supply seals at their own expense for such work. Section 7. It shall be unlawful for any person, at prohibitic any time, to collect, or to attempt to collect, a boun- ty for the killing of any animal named in thvs act. the front of the face of which is split before nresen- tation to the persons authorized 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 act; or to collect, or to attempt to collect, such bounty through the presentation of the skin or car- cass, or any part thereof, of any animal not named 9e GAME LAWS, Misdemeanor. Penalty. Act of April 15, 1915 (P. L. 126). clteil tor repeal. Pending proscutions. Acts previous ly committed 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 been reared or held in captivity, or the skin or carcass, or any part thereof, of any animal killed or captured outside of this Commonwealth. Every person vi^ho shall wil- fully or fraudulently collect, or attempt to collect, any reward or bounty provided for by this act, to which he or tliey are not legally entitled under the provisions of this act; or shall aid or abet or assJtsrt, in any capacity, ofRcial or otherwise, in any attempt to defraud the State through the collection or pay- ment of any reward or bounty provided for by this act, shall be gu;lty of a misdemeanor, 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 Commonwealth of Pennsylvania a fine of not loss than one hundred dollars or more than five hundred dollars ; or, in de- fault of the payment the.reof with costs, shall suffer an imppsonment, in the common jail of the county in which the affida\nt is made, for a period of one day in jail for each dollar of fine imposed and unpaid- Section 8. An act entitled "An act creating a re- ward or bounty for the destruction of certain noxiou§ animals killed within the Commonwealth of Pennsyl- vania ; providing a method for the payment of the same ; and prov'ding 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 hundred and twen- ty-six), is hereby repealed- ' The repeal of the aforesaid act of Assembly shaU not affect any prosecutions pending at the date thifl 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 pending 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. GAME LAWS. ^ Section 9. The provisions of th's act shall be ef- J^ «*" fective on and after the lirst 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.^ ABATEMENT OF PENALTIES- An act providing a method for the abatement of the Maj 23. penalty as fixed by law for killing by mistake a ^l^-^- ^- *^ deer or an elk in this Commonwealth- Section 1. Be it enacted, &c., That from and after ^^^ ^^^ ^ the passage of this act, each individual who may by mistake kill either an elk or a deer in this Common- wealth, contrary to any law of this Commonwealth, ^'g'^g^^ shall have returned to him one-fourth of the penalty imposed by law for such offense and actually paid Abatement by him to a legally authorized representative of the "^ v^^^^^-j- Commonwealth, if such individual, to the best of his ability, dress and hang up the carcass of the am- Preparatton mal so killed, and shall, within twenty-four hours «^ carcass, after such killing, make report of the wrong done to either a justice of the peace or a game protector or authormee. a representaf ve 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 Time of by law and paid into the hands of the Board of Game retymd. Commissioners at Harrsburg, 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 mtentional- Approved— The 23rd day of May, A. D. 1919. WM. O. SPROUL. 98 GAME LAWS June 20th, 191», P. -L. 533. G-ame-pre- serves. Aquisitieu of land for. Adjacent land. Lands from whick min^^ als are ex- cepted. Approval of GaiiM!- Ownmissipfi - ers or C«ii- serratiott Commission. Title and control of land. Price. Amonut. PURCHASE OF LANDS FOR GAME PRESERVES. An act authorizing" tlie Board of Game Commission- ers or the Conservation Commission to acquire, through purchase or gift, lands for game-preserve purposes. Section 1. Be it enacted, &c., 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 game-preserves may be located and maintained perpetually in the manner provided for by an act, approved the sixteenth day of April, one thousand nine hundred and fifteen (Pamphlet Laws, one hundred and thirty-five), entitled "An act providing for the establishment, regulation, and maintenance by the Board of Game Commissioners of State game-preserves on the forestry reservations and elsewhere, and pro\'iding penalties for violation of this act." The Board of Garae Commissioners or Conservation Commission 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 buildings as may be deemed necessary properly to maintain and protect such game-preserves. The land which may be purchased hereunder shall include land from which underlying minerals are excepted or have been excepted or conveyed, and land subject to the right to mine such minerals. Section 2. No land shall be purchased under the provisions of this act unless at the direction of a majority of the Board of Game Commissioners or the Conservation Commision. In any purchase the president of the Board of Game Commissioners or the Conservation Commission shall represent the board . Section 3. The title to any such land shall be taken by the Board of Game Commissioners or th"ft Conservation 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 Com- mission . Section 4. No land shall Be purchased at a price exceeding ten dollars per acre, excepting in cases were buildings or cultivated lands are included in GAME LAWS. 99 tho 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 expended. The purchase price Payment. of any such land shall be paid from the Resident Hunters' License Fund, All payments for any such land shall made by checks drawn by direct requi- sition on the Resident Hunters' License Fund, and all accounts relative to the purchase of any such lands shall be audited by the Auditor General in the same manner as other accounts of the Board of Game Commissioners arc now audited. Section 5. Any land, when so acquired, shall be xjse 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 Game Commissioners or the Conservatt'on Commission from the Resident Hunt- ers' License Fund- Approved— Tho 20th diiy of June, A. D- 1919. WM. C- SPROUL- AUXILIARY GAME REFUGE LAW. An act providing for the establishment of AuxiliaiT juiy 21 st, State Game Preserves. 1919, p. l. Section 1. Be it enacted, &c.. That hereafter, i^^^- whenever the owner or owners or the person in con- gt^e'^JJnie trol of suitable lands of a total of not less than two preserve."' 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 Copimissioners or the Petition of Conservation Commission of this Commonwealth, de- ^^"^ owner*, daring their desires, and setting forth in said peti- 100 GAME LAWS. Contents. tnrftstlgatlon Board of ap- • «''om- ■iMlonar t i»ii.- , . atioin Commission. Agreement with land owners. Fenctnx Notices. thSeot^ ^"^^^'^^ ""^ '^'^ ^^°^'' ^^^ ^ description .ro^of ^j""" ^\ "^M? petition of those desiring to have nnr. nf ??' ^"^^^^^^^ State Game Preservf S 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 ^ right to hunt upon said lands, either without chargi or remuneration 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 wiU 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 the county wherein said lands may be locatr^d. and sliall be presented to said board or commission for their consideration and approval. Section 3. If upon investigation, said Board or Commission aforesaid is satisfied that such lands are suitable for the purpose mentioned, shall decide that the establishment of said Auxiliary State Game Pre- serve is advisable, they shall thereupon enter into an agreement in the form of a lease 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 Preserve. Such notices shall bf^ar 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 GAME LAWS, 101 Conservation <-3mmission. 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 tne Conservation Commission is hereby empowered and authorized to formulate and have posted rules and regulation regarding the protection and preser- vation of game-birds and game-animals and song and insectivorous birds on such Auxiliary State Game t'reserve, 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 com^raonwealth 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 fetate Game Preserve to be advertised for at least one time each week, for three consecutive weeks m 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 months in not less than two sportsmen's journals, if there be 8o many published monthly in the State. Section 6. The said Auxiliary State Game Pre- serve shall thereupon be deemed to be a public State game preserve. AH violations of all rules and regu- lation adopted by the Board of Game Commissioners or the Oonservatin Commission to control Auxiliary State Game Preserves, shall be punishable under the same laws, rules, and 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 garae preserves," and all other acts or parts of acts inconsistent with 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 Distance from other preserre. Rules and reflations. PubllcatioB in news- papers. Public St*t« game pre- serTcs. Act of May 29th, 1917, (P. li. 32«) cited for repeal. Proviso. Repeal. 102 GAME LAWS, Fending prosecutions. Acts pre- riously com- mitted. Proviso. institution of any prosecutions for violations of any act committed prior to the passage of this act, but all such violations shall be prosocutf^d 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 witli the same effect as thoncrh oroated under the provisions of this act. Approved— The 21st day of July, A. D. 1919. WM. C. SPROUL. GAME LAWS 103 An act relating to dogs, and the protection of livestock and poultry from damage by dogs ; providing for the licensing of dogs by the Secretary of Agriculture; providing for the enumeration of dogs by assessors ; regulating the keeping of dogs, and authorising their desti-uction in certain cases; providing for the protectioij of licensed dogs, and for dogs tem- porarily imported for trial, show, and breeding pur- poses ; prescribing certain privileges for hunting dogs, and dogs owned or used by the Board of Game Commissioners; providing for the assessment of damages done to bvestock' and poultry by dogs, and for the illegal killing of licensed dogs, and the pay- ment of such damages by the Commonwealth ; im- posing powers and duties on certain State, county, city, borough, town, and township officers and em- ployes; directing the payment of . all moneys col- lected into the State Treasury; and making an ap- propriation thereof; and providing penalties. Sectjon 1. Be it enacted, &c.. That this act shall be known and may be cited as the "Dog Law of 1&21." Section 2. For the purpose of this act, the follow- ing terms shall have the following meanings respective- ly designated for each : The term "live stock" shall include horses, stal- lions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, confined do- mesticated hares and rabbits. The term "poultry" shall include all domectic fowl. The word "person" shall include State and local of- ficers or employes, individuals, corporations, copart- nerships, and associations. Singular words shall in- clude the plural. Masculine words shall include tho feminine and neuter. The word "owner," when applied to the propriet- orship 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 oa or about any premises occupied by him. Act May 11, 19::1,P.L. Dog Law of 1921. Definitions . "Tjirestock.* 'Poultry." 'Person." '•Owiier. " 'Kennel." ♦This is not a game laAV, and is p\iblished only for infornia- tioTi of sportsm<-ii. 104 GAME LAWS. "PoUce Offl cers.'' Applncation for liconse. The term "kennel" shall mean any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or show purposes. The term "police officer" shall mean any person em- 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 terra includes State constabulary, game, fish, and forest wardens. Section 3. On or before the fifteenth day of Jan- uar3% one thousand nine hundred and twenty-two, and 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 of his re- spective county, or to a qualified justice of the peace, alderman, magistrate, or notary public or his respec- tive district, either orally or in writing, for a license for each such dog owned or kept by him. Such appli- cation shall state the breed, sex, age, color, and mark- ing of such dog, and the name and address of the last previous owner ; and shall be accompanied by a 1 cense fee of one dollar for each male dog and each spayed female dog and by a liconse fee of two dollars for each unspayed female dog. The applicant shall also pay an additional fee of ten cents for the services of the county treasurer in issuing, recording, and report- ing said license to the Secretary of Agriculture and remitting fees and fines to the State Treasurer. Section 4. Such license shall be issued on a form prei)ared and supplied by the Secretary of Agriculture. Such license shall be dated and numbered, and shall bear the name of the county where such license is issued and a description of the dog licensed. All licenses shall be void upon the fifteenth day of Jan- uary of the following year. The Secretary of Agri- Ldcense t&gi culture shall also furnish, and the county treasurer shall issue, which each license, a metal tag. Such tag shall be affixed to a substantial collar. The collar shall bo furnished by the owner, and, with the tag at- tached, shall at all times be kept on the dog for which the license is issued, except when confined in the ken- nel. It shall be unlawful for rny person, except the own- er or authorized agent, to r* uove any license tag from a dog collar, or to remove any collar with a license tag attached thereto from any dog. Content*. !*•« License. Duration. Bemoral of tags. GAME LAWS, 106 Section 5. The Secretary of Agriculture shall pre- pare, and furnish annually to the treasurer of each county of the Commonwealth, metal tags to be given by the county treasurer to the owners of dogs when such owners shall pay the license fee for said dogs. Such tags shall be of metal, and shall bear the name of the county where such license s issued, and a serial number corresponding with the number on the license issued to said owner, as provided in the preceding section of tbis act. Such tags shall also have impressed thereon the calendar year for which such tag is valid, and shall not contain more than one square inch of area within the ears or fastening dev'ce. 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 certificate. Section 6. Any justice of the peace, alderman, magistrate, or notary public, within this Common- wealth, who has qualified by having applied to the county treasurer of his county for and received appli- cation forms, may take applications for dog licenses, for which sendee the applicant shall pay fifteen cents,, in addition to the license fee prescribed as the cost of sad dog license and the compensation of the county treasurer. Said fifteen cents shall be retained by said oflicial as his fee for taking such application and re- mitting payment therefor to the county treasurer of the county in which said dogs are locted. Such application and remittance shall be forwarded to the proper county treasurer within twenty-four hours for issuance of the license. No dog license shall be issued at any place other than the office of the county treas- urer. Section 7. Any person becoming the owner, after the fifteenth day of January of any year, of any dog, six months old or over, which has not already been licensed, or any person owning or keeping a dog which becomes six months old at any time after the fifteenth day of January of any year, shall forthwith apply for and secure, from the county treasurer of the county wherp such dogs are kept, a license for such dog, in the same manner as the annual license is obtained under the provisions of this act. If any dog becomes six months old or comes into the possession of the owner Secretary ot Agricultiare Bhall furnisli tags to ooun- ty treasureri Character ol tags. Lost tags. Whs. Fee. Tags. after the fifteenth day of July of any year, the license fee shall be one-half of the amount fixed as the annual license. Section 8. The county treasurer shall issue licenses after January fifteenth of each year to all applicants. When any dog license is required by the provisions of this act to be secured on or before the fifteenth day of January, the securing of such dog license subsequent to January fifteenth does not remove the responsibihty for such delinquincy. Section 9. No license or license tag issued for one dog shall be transferable to another dog, except as pro- vided in sections eleven and tw^elve of this act. When- ever the ownership or possession of any dog is permanently transferred from one person to another within the same county, the license of such dog may be likewise transfered, upon notice given to the county treasurer. This act does not require the procurement 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 Commonwealth.^ Section 10. Whenever any dog licensed in one county is permanently removed to another county, the county treasurer of the county where the license was issued shall, upon the application of the owner or keeper of such dog, certify such license to the treasureu of the county to which tlie dog is removed. Such treasurer shall thereupon, and upon the payment of a fee of twenty-five cents, issue a license and tag for such dog in the county to which it is re/moved. Section 11. Any person who keeps or operates a kennel may, in lieu of the licrnso for raeh dog required by this act, apply to the county treasurer for a kennel license entitl ng him to keep or operate such kennel. Such license shall be issued by the county treasurer, on a form prepared and supplied by the Secretary of Agriculture, and shall entitle the licensee to keep arty number of dogs six months old or over, not at any time exceeding a certain number to be specified in the li-. cense. The fee to be paid for each kennel license shall be five dollars for ten dogs or less, and ten dollars for more than ten dogs, permitted to be kept under the kennel licenses. With each kennel license, the county treasurer shall issue a number of metal tags equal to the number of dogs authorized to be kept in the kennel. All such tags shall bear the name of the county where GAME LAWS. it is issued, the number of kennel license, and shall be readily distm^ishable from the individual license tags for the same year. Section 12. The licensee of a kennel shall, at all t mes, keep one of such tags attached to a collar on each dog six mouths 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, except in leash or Section 18. Any person may bring, or cause to be brought, into the State, for ^ period of thirty days one or more dogs for show, trial, or breecfing purposes without securing such license. This section does not apply to dogs used duribg the hunting season for hunting game or temporarily for breeding, trial, or show, nor for the transportation of dogs for hunting, breeding, trial, or show purposes, heme county license holding §;ood for such purposes throughout the Commonwealth. Section 14. The county treasurer shall keep a record of all dog licenses and all kennel licenses and all ^transfers issued during the year. Such record shall contain the name and adress of the person to whom each license or transfer is issued. In the case of an individual license, the record shall also state the breed, sex, age, color, and markings of the dog licen- sed ; 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. Whenever the ownership or possess on of any dog licensed under the provisions of this act is transferred from one person to another, as provided in section nine of this act, except the temporary transfer of dogs for hunting purposes or for breeding, trial, or show, such transfer shall be noted on the record of the county treasurer. Section 15. The county treasurer shall keep an accurate record of all license fees and fines collected by nim or paid over to him by any jusfce of the peace, alderman, magistrate, or notary public, and of all inoney received from the sale of dogs. Such record shall be a public record and open to persons interested 107 Attachment. 'liMJis-fcr. Dogs brought into State temporarilv. Hunting, l)i-ee(iing , and >sho\v dogs . County trcas urer's record Transfers of clogs shall hi recorded. Record of fe fees" received '>y county treasurer. 108 GAME LAWS. ■^K>rt8 to be mede by county treasurer. "Dof? fund." OlBPOSltlOD af fees and flEteii. AflBessors. Inquiry as to number of dogs. Report to Secretary of Agrrl culture. Hotiflcation to owners of dogs. rc«. during business hours. All such moneys received by the county treasurer shall be remittea to the State Treasurer on the first Monday of each calendar month, together with a report of each payor, on forms furnish ed by the Secretary of Agriculture. A duplicate copy of each report shall be furnished the Secretary of Agriculture at the time of making such rem ttance. Section 16. The State Treasurer shall establish a separate fund, to be known as the "Dog Fund," into which all moneys collected under the provisions of this act shall be paid, and from which all expenditures necessary in the carrying into effect the provisions of this act shall be paid. ^All moneys n the dog fund from time to time are hereby specifically appropriated to the Department of Agriculture for the purpose of carrying into effect the provisions of this act. All payments from the dog fund shall be made by the State Treasurer upon warrants of the Auditor General and upon the filing of itemized vouchers by the Secretary of Agriculture. On the thirtieth day of November of each year, the State Treasurer, upon requis tion of the Secretary of Agriculture, shall pay over to the general fund of the State Treasury all moneys remaining to the credit of the dog fund, with the exception of the sum of twenty- five thousand dollars, which amount shall remain in the dog fund. Section 17. The assessors for taxation purposes, in each township borough, town and city, shall an- nually, at the time of assessing property as roqu red by law, make diligent inquiry as to the number of dogs owned, harbored, or kept by each person in his dis- trict. The assessor shall, annually on or before the first day of January, make a complete report to the Secre- tary of Agriculture, on a blank form furnished by the Secretary of Agriculture, sotting forth the name 6f every owner of any dog or dogs, how many of each sex are by him owned or harbored. land, 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 enumeration, to notify the owner of such dog or dogs that he must obtain a license for the same as pro- vided 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. For such service the assessor shall receive five cents for each name furnish- GAME LAWS. 108 ed the Secretary of Agriculture, to be paid from the 'Dog Fund" by the State Treasurer, upon warrant of the Auditor General and approval of the Secretary of Agriculture. Section 18. On and after the fifteenth day of Jan- uary, one thousand nine hundred and twenty-two, it shall be unlawful for any person to own or keep any 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 wears tthe collar and tag pro\dded for by this act, unless such dogs are temporarily brought into the State for breeding, trial, or show purposes. Section 19. 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, either upon the public streets or highways of the Commonwealth, or upon the property of other than the owner of such dogs, and unaccompanied by the owner or keeper. Any police officer is hereby authorized and empowered to go upon any premises and enter any building to seize and detain any dog or dogs which have been found running at large unaccompanied by the owner or keeper, when such police officer is in im- mediate pursuit of any such dog or dogs. 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 city, 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 li- cense 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- soul m whose name the license was procured or his agent to claim such dog within ten days. The owner ot a dog so detained shall pay all reasonable expenses incurred by reason of its detention, under the pro- visions of this section, before the dog is returned. Section 20. If, after ten days from the giving of such notice, such dog has not been claimed, such chief oLFi^!l^^ ""^ H^ ^^u^''}' constable, or high constable, shall dispose of such dog by sale or by destruction iii tT\ iTv^^^ manner. No dog so caught and detain- ed shall be sold for the purpose of vivisection. All moneys denved from the sale of such dog, after de- ducting the expense of its detention, shall be paid to Licenses r*- quired after January 16, 1921. Seizure of dogs mnniBS at large. KlUlng of imlicensed dogs runnlnf at large. DispositlOB of liceneed dogs selxed. Disposition of unclaimed dogs. Vivlsectloii. Money derlTed fnm Bale of dosa. 110 GAME LA'WS, Fees of ufficers. Expenses. Refusal of officer to l)orform duties. liiterl'eieiu'o, with oftir\vn<:»r. H}xamiiiation by officer. Notification ' Secretary ..f Agri- -ulture and ■nvTier. 112 GAME LAWS. Determina- tion of damages. Liability of dog owner or keeper . Certificate of examination . Report of examination . Fees for Bcrrices. Pay of claim for Iobi or damage by Common- wealth. magistrate, and the agent of the Secretary of Agricul- ture, 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 dam- age was done. Any owner or keeper of such dog or dogs shall be liable, to the owner of such live stock or poultry, in a civil action, for all damages and costs, or to the Com- monwealth to the extent of the amount of damages and costs paid by the Commonwealth as hereinafter pro- dded. Section 27. Upon making the examination required in section twenty-six of this act, the township auditor, justice of the peace, aldd(.>rman, or magistrate and a,gent of the Secretary of Agriculture, shall iminie- diately make a certificate signed and sealed by them that such appraisment was regularly and duly made. If, by such examination, it appears that any damage has been sustained by the complainant, the township auditor, justice of the peace, alderman, or magistrate shall deliver the report of such examination, and all pa{)ers relating to the case, to the claimant, or has agent or attorney, upon payjment of the costs incurred to that time. Such rei)ort shall by him be delivered to the Secretary of Agriculture. Sf^ction 28. Tf(wnship auditors, justices of the peace, aldermen, and magistrates, for the special serv- ice required under ^sections twenty-six and twenty-sev- en of this act, shai' receive two dollars for each case, and five cents per mile for each mile traveled, to be paid by the claimant in each case. In all cases where da:>.ages are awarded, the fees paid by claimants shall b<' :• eluded in the amount of such damages. S*- ptin ? elk and deer and fawn or wild-turkeys, from the first day of September to the first day of March next following, Sunday excepted, so long as no injury is inflicted upon said animals or birds and arms fired from the shoulders are not carried. Dogs chasing deer or elk mny be kilh-d by any per- son at any time whether wearing a collar or not. Section 25. Act of June 7th, 1917, page 82. It is illegal to ship game of any kind at any time by -parcel post, or to ship or in any manjiei' trans"- port, game classed as small game from one point to another point in the State, except when same is ac- corananied b.v the owner thereof. GAME LAWS. ' I33 Game classed as' large game may be shipped by express or by freight under certain conditions. Section 32. Act of June 7th, 1917, page 86. Common carriers ana the operators of automobiles are forbidden under penalty to carry game of any kind out of the State, excepting in cases where such game i» owned by a non-resident hunter, who has legally killed same m this State, and in the case where game legally killed m this State must of necessity go out of the State to reach another part of the State. Section 33. Act of June 7th, 1917, page 88. The provisions of our game law regarding the ship- ment ot game within the State do not apply to those parts ot either animals or birds intended to be preserv- ed as trophies. These may be shipped at any time and in any manner when properly marked showing the contents for mounting purposes, to taxidermists any- where withm the State, but they cannot be shipped or carried out of the State. Section 32. Act of June 7th, 1917, page 87. It as not a violation of the Resident Hunters' Li- cense Act to hunt for or shoot at any unprotected ani- mal or at any unprotected bird, or at targets, or at any other thing not protected by the Game laws of nils fetate, without being first possessed of such li- This law requires only those who hunt for game animals, or game birds, to secure this Resident Hunt- ers License, and it permits the owner or lessee of lands withm the Commonwealth who resides upon and cultivates such lands to hunt thereon without securing the license. It also permits such owner or lessee tS hunt on lands immediately connected with his lands. It he has permission to go thereon from the one in control thereof. TT ^v^ non-residents, such persons being citizens of the United States must secure a Non-resident Hunters' License before hunting or trapping in Pennsylvan. a and must wear the non-resident tag just as resident hunters are required to wear the Resident Hunters' tag. Fee $10. Penalty $25, and forfeiture of all gunning paraphernalia found in possession of arresTed oarties Act of May 3rd, 1917, page 54. 132 GAME LAWS. rhe above Act requiring non-residents to secure a license before hunting or trapping for any bird or animal, either game or otherwise, in this Common- wealth, was passed to protect game and the interests of our citizens in general, and especially th.e farmers of our border counties. It is just as necessary for a non-resident to secure license before beginning to liunt or trap for woodchucks, foxes, weasels, etc., as it is to hunt for game. Non-rosidont 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 quan- tity that such "person may legally kill in one day. Section 33. Act of July 7th, 11)17, pa^a' 89. Each perscm who knawingly 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 possession with intent to use or conceal the same is liable to the full penalty imposed by law for the unlawful killing of such "ame Sccdon 'l5. Act of June 7th, 1917, page 73. Persons actually residing upon or cultivating lands as either owner or lessee, or their legitimate employes, may kill a deer or elk or bear or rabbit or raccoon or black-birds, regardless of sex or age, when found on such lands actually engaged in the mateu al dosty-uc- tion of cultivated fruit trees, crops, vegetables, live stock, poultry or beehives, or in the case of black birds, the eggs or voung of other birds. They may also be killed on the' property under their control immediately following such material destraction. Persons killing the above game as a protection to crops must prove that suff cient material damage was being done to justify the killing and must report, except in a case' of black birds, within 24 hours to the nearest Game Protector or the office of the Game Commission, and must care for the carcass so that it may be sent to a charitable institution. The use of the carcass by in- dividuals killing such game is absolutely prohibited. In addition to the above, beai-s may be killed at any time when such animals are inflicting or attempting to inflict injury to persons or personal property or With- in 48 hours after the commission of such offense, or at any time when such animals are found within one- half mile of a regular place of residence if the oecu- GAME LAWS. 133 pant has just cause to fear injury to persons or per- sonal property. The carcass of bears so killed must be cared for and disposed of as above. Section 22. Act June 7th, 1917, page 79. Fur-bearing animals protected by law with an open season are the mink, muskrat, oppossum, otter, raccoon and skunk. See Act of May 17th, 1921, page 116. Bea%'er are protected at all times. Penalty $100. Act of Mai-ch 17th, 1903, page 17. 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 "scientific study," it being considered that enouc^li life has 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 per- mitted. All taxidermists must secure a license before begin- ning 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 corres- pondence 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 Com/mission holds that the words "legal- ly killed" mean "not illegally killed," so that it would not be an offense to mount the skin of a bird accident- ally killed. Attention is called to the fact that the National law controls and limits State laws relating to migratory 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 said National law. 134 GAME LAWS Ji " o o ►< « ** a) >> CD ^ "I •^ S? i; OB 1> ^' o-t-> H ■- « fl ® ® CO "^ M "2 "rt s 0) £ fl> r:;:2 GAME LAWS. 135 •a ^ o o OS _2o £a tafe Pm as® ■^ % ♦^ 5 ^S - a •t ^ § ?3 to v^/ TT -*^ iH i2 to 1 a !5S ;zi j^ .2 " tuo G •« on i-H ® C aj H a <=i • aa«^| a W M-O S "^ e CO {=) o P^ "c^ « © 3 10 o> •a ^ © .. . lis •Shim {3 Oca 09 >. H o F i ieo t; a ■a H+i^ fe • = - S 3 2 ^-y a g ■J irf i" 5 >, W) S =3p q-Mt5 S 5 S ,M 3 h5 . « rj +J 3J £ ^ ■ OS S+j ^ 0: " S o ;* a _ •" ^ 05 ij ^ ^. "S -o & a * « il-C. Ui CO .ii^ ^ J4 P4 136 GAME LAWS, GAME LAW DECISIONS. 137 LEADING DECISIONS PERTAINING TO GAME. OWNERSHIP AND CONTROL. 1. In the clas.sificution of property, there are some things which from their nature are incapable of ab- solute ownership, and among these are light and air, and game and fish. 2. Bouvier781. 2. It is probable that the right to take game and fish was a natural right, wholly unrestrained original- ly by law. As the population of the earth increased, it appar- ently 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 all civilized nations of the world to-day the taking of game and fish is considered a boon or privilege and n( t on inlierent right. In America game and fish are considered to be long to the State, not as a proprietor, but in its sovereign capacity, as the representative and fo? 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 legislature, and is not an inherant right in the residents of the State. Ccmth. V. Pa))sono, 44 Pa. Snnorior ft. 129. Supreme Ct. 231, p. 45 ; 232 U. S. 188. 4. "Wild game of a State belongs to the people, in their collective sovereign capacity, and is nut the subject of private ownership, 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 traffic or commerce in it. That its taking, possession and the disposition thereof is the subject of legislative enact- ment." Geer v. Connecticut, IGl U. S. 519. Martin v. Waddel, 16 Pet. 410. Ex parte Maior, 103 Cal. Pa. 476; 37 Pac. 402. Comwth, V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 231, p. 45; 232 U. S. 138. 138 GAME LAW DECISIONS. 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." Tliomas v. N. P. Express Co., 73 Minn. 185. 7. "The right of a state is maintained, to adopt any reasonable regulation, not only as to the time and manner of taking game, but also imposing limitation, upon the right of property in such ^ame after it has been taken, because he who takes or kills game, has no absolute property in such game and takes its sub. ject to all the provis' ons of the law authorizing its taking." Geer v. Connecticut, 161 U. S. 519, and many citations. Ward V. Race Horse, 163 U. S. 504. 8. "And the fact that game has been killed does not change the relation of the law-making power to it, but it is still subject to control." Morritt v. People, 160 111. 218. 9. "The measures best adapted to the preser\'ation and protection of game are for the Legislature to de- termine, and courts cannot review its discretion." Phelps v. Raccy, 60 N. Y. 10. POLICE POWER. 10. "The right to preserve game flows from the undoubted existence of a police power to that end, which may be none the less efficiently called into play because by so doing Interstate Commerce may be remotely or indirectly affected." (;eer v. Connecticut. 161 IT. 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 heallli, convenience, good order and general welfare of the inhabitants are comprehensively styled 'police laws and regulations.' It is well settled that laws and reg- ulations of this character, though they may disturb the enjoyment of individual right arc not uncoTistitution- al, although no pro\dsion is made for compensation for such disturbance. They do not a])propriatc pri- vate property for public lise, but simply regulate its use and enjoyment by the owner, etc." Dillion on Municipal Corporations, Sec. 141. GAME LAW DECISIONS. 139 12. As stated in Barvier v. Connoly, 113 U. S. 27. ''Neither the amejiclment (XIV), broad and compre- honsive as it is, — nor any other amendment was desig- nated to interfere with the power, of the State, some- times termed its police power, to proscriibe regulaticns to promote the health, peace, morals education or good order of the people," we are within the province of the Constitution when we regulate the manufac- ture 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 qualifications of physicians and un- dertakers. Com. V. Hanley, 15 Pa. Superior Ct. 271 ; when musical bands may play in the public streets, Wilkes-Barre v. Garobed, 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, Trans- gresser v. Gray, 73 Md. 250 ; 9 L. R. A. 780. Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. Supreme Ct. 45; 232 U. S. 138. 13. "Indeed the police power as to game birds, 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, 103 Cal. 467, 37 Pac. 402. Magner v. People, 97 111. 320. McCready v. Virginia, 94 U. S. 395. Smith v. Maryland, 18 How 71. Comth. V. McCoomb, 39 Pa. Superior Ct. 411. 227 Pa. Supreme Ct. 377. 14. "The power of a State to protect by adequate police regulation, the people against the adulteration of articles of food, although .in so doing commerce may be rqmotely 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 com- merce, except with the consent of the State, and sub- ject to the conditions, which it may deem best to im- pose for the public good." Lawton v. Steele, 152 U. S. 133. 140 GAME LAW DECISIONS. People V. West, 106 N. Y zi^3. . People V. O'Neil^ 110 Mich j^4 L'Hote V. Now Orleans, 177 U- ^a%\*' « Comth W Thos. W. McComb 39 Pa. Superior Ct 411, 227 Pa. Supreme Ct. 877. 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 b nefit of its people, which the State exercises in relation thereto, there is another view of the power ot [he S?ate in regard to the property in game, which s equally conduct'ive. The right .to presei-^^^^^ from the undisputed existence in the State ot -^ P? ic*3 poTei to that end, which may be none the l^^s efficiont- fy^alle, 39 Pn Superior Ct. 411, 227 Pa. Supreme Ct. 377. 17. The exercise by the State of such power, there- fore, comes directly with„n the principle of Plumley v, Massachusetts, 155 U. S. 461 and 473. 18 The power of the State to protect by adequate police regulation its people against the adulteration of articles of food (which in this was maintained) al though in so doing commerce might be remotely at- fected, necessarily carries with it the exemse of a like Dower to preserve a food supply, which belongs m common to all people of the State, which can only be- come the subject of ownership in a qualified way, and which can never be the object of commerce, excei)t with the consent of the State, and subject to the GAME LAW DECISIONS. 141 conditions which it Jiay deem best to impose for the public good." The people of New York v. August Silz, 219 U. S 31 Conith. v. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Supreme Ct. 377. 19. "In order to protect local game during the close season it has been found expedient to make possession, of all such game, during that 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, owng 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 coun- try. The object of such laws is not to affect the legal- ity of the taking of game in othe'r states, but to pro- tect 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 upon, is an abuse of the police power of the State and as such, 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 canflict with the laws of Congress upon the same subject, and indirectly or remotely affecting inter-state commerce 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 ind rectly and remotely affecting the operations of commerce is of obligatory force upon citizens within its territorial jurisdictioii. 14^ GAME LAW DECISIONS. whether on land or water, or engaged in coTnnrercB,, foreign or interstate or in any other pursuit," Reported in case of People v. Silz, 219, U. K 31. 21. "The extent and limitation of what is known as the police power, has been a fruitful subject of dis- cussion in the appelate courts of nearly every state of the Union. It is universallj^ conceded to include everything essential to the public safety, health and morals and to justifj' the destraction or abatement by summary proceedings of whatever jniay be regarded as a public nuisance, and wherever the public interest de- mands it a large discretion is necessarily vested in the legislature to determine not only what the interest and the public require, but what measures are neces- sary for the protection of such interests." Barbire v. Connelly, 113 U. S. 27. Comth. v. McComb. 39, Pa. Superior Ct. 411, 227 Pa. Supreme Ct. 377. Comth. V. Papsone, 44 Pa. ^Superior Ct. 129. Sustained by Supreme Ct. 231, p. 45. 232 U. S-r 138. 22. "The test as to whether the police power is validly exercised, is, whether the enactment has rela- tion to the public welfare, 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 liave 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 meth- ods of taking it, or the use of destructive instruments as are likely to result in the extermination of the young as well as the mature, is clear as its powers 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. Supreme Ct. 377. 24. "Laws enacted for the purpose of regulating the time and appliances for catching fish, are a proper exercise of the police power of a state ; and although they may, under certain circumstances, prevent a man from fishing in a stream running through his own GAME LAW DECISIONS. 14S land, they do not necessarily amount to taking pri- vate property for public use without compensation. Comth. V. Bender, 7 Pa. C. C. 620. Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Supreme Ct. 377. J5. "The weight of authority seems to favor the validty 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. Farrel, 23 Mo. App. 176. Phelps V. Racey, 60 N. Y. 10. Roth V. State, 51 Ohio, 209. Jarvis v. U. S. 11 App. D. C. 345. 26. "The effect of these decisions is, that such pos- session is unlawful even though applied to game law- fully captured within the State during the open season, and to game lawfully captured outside of the State and lawfully brought within the State (pro- vided the law of the State prohibits the posstjssion of such game) on the theory that such laws are neces- sary 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. .People 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 nioral, intellectual and spiritual needs may also be considered. The eagle is preserved, not for its use, but for its beauty." William G. Barret vs. State of New ork, Court of Appeals No. 203. A— McL.— Ho.— Ch.J.— Cha.— P.— Cr. DUE PROCESS OF LAW. 28. "No person shall be depi-ived of his life, liberty or property without due process of law." Constitution of the United States, 5th and 14th amendments. 29. "This clause of the Constitution only applies to such rights as are in their nature fundamental, which belong of right to citizens of all free government Carfield v. Coryell, 4 Wash, D. C. 380; Scott v. Sanfcrd, 60 U. S. 393. 144 GAME LAW DECISIONS. 30. "It is true that under the fourteenth amend- ment, no State can deprive a person of life, liberty, or property, without duo process of law. But in deter, mining what is due process of law, we are bound to consider the 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 harmless, 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 au- ' thorize its summary destruction." Sentell v. R. R., 106 U. S. 698. Lawton v. Steele, 152 U. S. 133. Smith V. Maryland, 59 U. S. 71. Fertilizing C. v. Hyde Park, 97 U. S. 659. Comth. v. McComb, 89 Pa. Superior Ct. 411, 227 Pa. Supreme Gt. 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 delay essental to judicial inquiry and consider- ation, or the subject of such action and process may be of such a nature, or the condition and circum- stances in which the act must be performed to effect the protection and give effect to the law, may be such as to render judicial consideration impracticable." Jenkins v. Ballentine, 8 Utah 245 ; 30 Pac. 760. 32. "In a case involving the valid'' ty 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 in- clude everything essential to the public safety, health, and morals, and to justify the destruction or abate- « ment by summary proceedings of whatever may be regarded as a public nuisance."' Smith V. Maryland, 18How 71. McCready v. Virginia, 4 Otto. 391. Lawton v. Steele,"152 U. S. 13S. People V. West, 106 N. Y. 293. People V. O'Neil, 110 Mich. 324. L'Hoto V. New Orleans, 177 U. S. 597. Holyoko Water Co. v. Lyman, 15 Wall 500. The courts of Pennsylvania have ruled in the same way upon the subject. GAME LAW DECISIONS. 145 Comth. V. Thos. W. McComb 39 Pa. Superior Ct 411, 227 Pa. Supreme Ct. o77. Comth. v'. Joseph Papsone 44 Pa Superior Ct. 129. Supreme Ct. 231, p. 45. 2.6Z L. 'constitutionality. 33 "It is but a decent respect due to the wisdom, intSrity and patriotism of the legislative body by whih any law is passed to presume in favor of its vSty until its violation of the Constitution is D?oven beyond all reasonable doubt. A reasonable doubt must be solved in .favor of the legislative ac- tion and the act be sustained." "The preservation of game and fish has always been treated as within the proper domain of the police mfwer and laws, limiting the season when birds and ^Id animals ma'y be killed, and had for «^^le and pre- scribing the manner in which they may be taken, have bfen repeatedly upheld by the courts The duty of preserving the fish and gp^e of a State f/om ex- tinction, by prohib ting exhaustive methods of taking iL or Sle use of destructive instruments as are likely to result in the extermination of the young as well a^ the mature, is as clear as its power to secure to its citizens, as far as possible a supply of an.y other ^^"ifiTwitMn'the province of the Legislature to pre- BCribe the methods or instruments that may be used S taking game or fish and it is not unconstitutional Srlhe Legislature of a state to forbid the use of a soecially made gun such as the automatic * * * * Nor a?r4e courts concerned about a technical tliough trifling interference with the pleasure of a hunter, or tiie property interest of a gun maker in ^lecu^ig a question of public interest and welfare, * * * * Where the interest of the private manufacturer and the pub- lic will come in conflict from the legislative stand- point, the people at large are to have preference. ^e act of June 10, 1881, forbids the sale to any person under the age of sixteen years, o^ a instol. re- volver, etc. The act of March 31st, 1860, provides for a Confiscation of gambling apparatus. Even the length of time a female laborer shall be subjected to the exhaustion of physical labor is withm legislative 10 146 GAME LAW DECISIONS. control * * * *Tbe 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 destruction, whether guns, traps, or devices are proper subjects for legislative consideration." Comth. V. Thos. W. McComb, 30 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, us it were between ferae natur- ae, in which until killed or subdued, there is no prop- erty, and domestic animals, in which the right of prop- erty is perfect. They are not considered as being up- on 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 pleas- ure, etc. Acting then upon tin; i>riiu'iple that there is but a qualified property in tliem and that while pri- vate interests require that the vahinbh* one shall be protected, public interests demand that tlie worthless shall be exterminated and tliey have fn)m time imme- morial been considered as holding theji- lives at the will of the Legislature, and properly falling within the police power of the several states. Laws for the proteetion of dom<>st'c animals are rrgar'led as hav- ing but a limited application to dogs or cats>" Santell v. R. ., 10 IJ. S. G98. 35. The court held tlial e\en if tliey were to be regarded as property in tlie fullest sense of the word, they would still be suhi<'<'t to tlie police power and might be destroyed or othei-wise dealt with, as in the judf^^ment of t]\(\ Legislature aj)pea)' necessary for the protection of its citiz(^iis ; that it was purely within the discretion of the Legislature to say how far dogs shall be recognized as property and under what re- strictions they shall be permitted to roam the streets. 36. The Legislature may authorize the killing of dogs following upon the track of protected game. Comth. V. Frederick, 27 Pa. Superior Ct. ^28. 37. Under the provisions of a new law recently enacted in Pennsylvania to be known as "The Dog Law of Ono Thousand Nine Hundred and twenty-one" dogs in this State are declared to be peisonal property and subjects of larceny. GAME LAW DECISIONS. 147 LEGAL STATUS OF CATS. In an opinion rendered by Horace W. Davis, Deputy Attorney General of Pennsylvania on June 27tli, 1917, it is asserted ; "That common law took no cognizance of cats and that an exhaustive search of authorities has disclosed but one State in which the cat is dignified with one of the attributes of property, namely, value." Ford vs. Glennon, 49 Atl. 189. 74 Conn. 6. He asserts "That other States including Pennsyl- vania in listing objects that may properly be termed property, have been uniform in their ommission of the cat." COMMERCE IN GAME. 38. "A State can forbide traffic or commerce in game." Geer v. Connecticut, 161 U. S. 519. Ex parte Maier, 103 Cal. 476. Peonle v. Silz, 219 U. S. 31. State V. Weber, 102 S. W.'955. Dietrich v. Fargo, 104 N. Y. S. 334. 39. It has recently been held by the Court of Ap- peals of the State of New York, in the case of Lewis vs. Clair, the latter a boarding house keeper, that the service of game as a part of a table d'hote 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. STATUS OF IMPORTED GAME. People V. Weinstock, 102 N. . S. 349. People V. Stilljman, 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 offering 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 Gimbel Bros., Phila- delphia, was convicted before an alderman of that city for attempting to sell and having in his posses- sion, certain red birds or cardinals, that had accord- 148 GAME LAW DECISIONS. ing to the evidence been brought into the State from. other states. On appeal to the Court of Quarter Sessions this conviction was sustained and defendant was fined. Comth. V. Crumley, 16 A. R. 334, 8 Lack. J. 128. BIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNTING BY NON-RESIDENTS. 42. "A State may lawfully impose a license for the privilege of linnting upon citizens of other States, which is not imposed on its own citizens." In re Eberie, 98 Fed. 205. 43. "A State can prohibit the 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 rights therein." McCready v. Virginia, 94 U. S. 391. Ilaney v. Compton, 36 N. J. L. 507. State v. Corson, 50 Atl. 780. 44. "On the 24th day of October, 1904, the Su- preme Court of Illinois rendered a decision in the case of Cummings v. People, upholding the constitu- tionality of the license law, and quoting with ap- proval the decision of the Supreme Court of New Jer- sey in the case of Allen v. Wychoff and the United States Circuit Court of the Northern JDistrict of Illi- nois in the case in re Eberle." Allen v. Wychofle, 48 N. J. R. 90; 2 Atl. 659- 45 "In the case of Commonwealth v. Cannon, in the Court of Common Pleas of Cumberland county, No. 115, Feb. T. 1905. No. 30 County Court Reports, p. 637, in overruling the objection filed the learned court said : 'It has been however repeadtely held that statues which are directed against non-residents, but not against citizens of other States, are constitn- tional and valid'." Rothermol v. Meyerle, 136 Pa. 251. State V. Medbury, 3 R. I. 138. Chambers v. Church, 14 R. I. 398. Sears v. Warren Co., 36 Ind. 267. People v. Lawndes, 130 N. Y. 455. A stockholder of shooting club corporation, is not an owner of club's real estate. A stockholder in a GAME LAW DECISIONS. corporation owning a tract of land used as a game pre- serve is not an "owner" of the land within the mean- ing of the provision of the law, permitting owners of farm lands to hunt game on their lands without pro- curing a resident license. The title to wild game is in the State, irrespective of the ownership of the land on which it may be found; and the State may prohibit or regulate the killing of game, and may impose greater restricUons upon non-residents than upon residents. The proviso to section 25, was intended to permit owners of farm lands, residinpr in this State and their children or tenants to hunt game upon those lands, within the other limitations of the Game law, without procuring a resident license, and was not intended to extend that privilege to non-residents. ^,,0-11 Cummings v. The People, 111. Reports, Vol. 211, p. 393. ALIENS. 46. "It is a legal and political axiom that protec- tion ' and allegiance are reciprocal. Aliens resident or sojourning here, do not owe the full measure of allegiance exacted from the citizens, nor can they en- joy all the rights, privileges and immunities of citizen- ship." Luke V. Calhoun Co., 52 Ala. 115, 121. Cyc. of Law and Procedure, Vol. 2, page 88. Note 23. The court in the case of Com. v. Joseph Papsonc, among other things says : 47. "Nor does the provision of the fourteenth amendment which declares, 'No State shall make or enforce any law which shall abridge, the privilege^ 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 hia protection a temporary and local allegiance which con- tinue during the poriod of his residence : 2 Am. & Eng. Enc. of Law 6i. We legislate primarily for our own citizens in granting the special privileges that are 148 ^^ GAME LAW DECISIONS. ^tef ?^"^ ""/ •'^"'' inherent rights. The alien is pro- hibited from doing many things to which a native born or a naturahzed citizen is entitled. He cannot ex ercise any po htical rights whatever, nor be compelled to fill any elective or appointive office. He is not qualified to serve as a juror; or to receive a license to fnHt T'?'''.u'''\'^ ^I P^^^^e- ^ non-resident is not F.c %i-o?o?' ^-7'^^ ^^ °"^ ^300-00 exemption law otf's own'diTzenr"^ ""'"^'^^^ ^^"« ''' ^^^ ^-^fi* Tlie privilege to hunt game has been limited to our llSvT^o'^'if'L^Z' -'fl'^ Prosser v/ Illinois -ixo u. ^.^oJ, It the plaintiff m error has anv ^snoli privilege he must be able to point to he provis on which are not expressly or by implfcation nfacid nn der Its jurisdiction. All that cannot be so grSnted oi^ so^secured are left to the exclusive protection o? the "Whatever one may claim as a right under th^ Constitution and laws of the United sfates by virtue of hi^s citizenship, is a privilege of a citizpn r^f f^! hP ^n ^-"^ ^^^^'^ '"^^^^^« ^""^ to exemption from he may claim as an exemption in respect to and such a nght or privilege is abridged whenever the State i^l'^'-f^^'f-T*'^^ ^°y legitimate opera^Ln of Fede?nl authority which concerns his interest, whether tb' an authority actively exerted, or resting only in the express or implied command or assurance of the Fed- eral Constitution or law. But the United States can neither grant nor secure to its citizens, rights or privi eges, which are not expressly, or by reasonabl implication, placed under its .iurisdiction and aH not so placed are left to the exclusive proJ^cdon of ?he r.r.^^H ^t^^^i^nt is not a citizen of the United States ?nH«?r ^^'^ Commonwealth. While he is within ou^ jurisdiction he is entitled to the equal protection of GAME LAW DECISIONS. 151 the laws, subject to the limitations of the class of which he is a member. . Com. V. Joseph Pausoue, 44 Pa. Superior Ct. 129. Pa. Supreme Ct. 231, p. 232 U. S. 138. 48 "Citizens of other States have no property right which entitles 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 en- joys as an alien, by permission of the State, he can only enjoys as much as the State vouchsafes to yield to him as a special privilege. To him it is not a propertjr right, but is in the strictest sense a 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 alien, operating a shooting gallery is a violation of the Act of May 8th, 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 defendant had not taken out a license in any other county of the State. Comth. V. Cannon, No. 30 County Court R. 6d7. 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 ownership of the soil, is a property right, subject to the States ownership and title, held 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, with- out having procured a license, etc., is Constitutional • and a reasonable exercise of the police power for the protection of game. oi^ ^ ^ • The power of the Legislature to enact Statutes, is plenary, except in so far as that power has been lim- 162 GAME LAW DECISIONS. ited by the Constitution, and every presumption is in favor of the Legishitive enactments. They will be de- clared unconstitutional and void when they are clearly violative some express Constitutional limitation. Kyle V. People, 80 N. E. 1081, Illino s. State V. Holcomb, 191, Pac. 1072, Kansas. Cummings v. People, 211, 111., 392, 71 N. E. 1031, Illinois. RIGHTS OF THE PEOPLE. 49, "When the interest of the private manufac- turer and tlie public weal come in conflict, from the legislative 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. GP>3. ♦ ♦ ♦ * So that, a specially designated gun, which is made particularly effective and proportionately dan- gerous to game, comes within the class of dangerous agencies either to be regulated or prohibited as the Legislature may decide. The judgment of the Court below is reversed, and the record is remitted to the end tbat the sentence imposed may be fully carried into effect." Commonwealth v. McComb, 39 Pa. Superior Ct. 411. Judge Orlady in his opinion handed down in the au. tomatic 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 sw.vel, so that it may maim or kill a number of game at a single discharge, but it is always under the direction aiid control of the operator. The automatic gun men- tioned in this act is described as one that s 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 dis- cussion in the Legislature and Courts, that we must GAME LAW DECISIONS. accept it aa a result of their deliberations, that the automatic gun is not a proper weapon for tlie killing ol game, within tliis 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, conies directly within the principle of Plumley v. Mass. 155 U. S. 461, and Silz v. Hostcnhurg, 219 U. S. 31." JURISDICTION. • 51 "The Courts of Quarter Sessions shall also have jurisr^ ction in cases of fines, penalties or punishments imposed by an act of Assembly for offenses, misde- meanors and delinquencies, except when it shall be otherwise expressly provided and enacted." _ The Criminal Procedure Act, March 31st, 18b0, P. L. 427, Sec. 32. 52. A Justice of the Peace has the right of Sum- mary Conviction only when the right is distinctly and specifically g ven by the act under which suit is brought . __ Comth. V. LaBar, 32 Sup. Ct. p. 228. 53. Where concurrent jurisdiction exists in (Jif- ferent tribunals the one first exercising jurisdiction rightfully acquires control to the exclusion of the other. . . Whartons Crim. PI. and Practice, 8 Edition, Sec. 441-451. Hugh Cr m. 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. PI. and Prac, Sec. 451, 8th Edition. 55. It has also been held that a former conviction or acquittal procured 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, result- ing in favor of the party using it ; thus a new trial was granted, where the defendant by artifice of the 158 154 GAME LAW DECISIONS. prosecuting attorney, wont to trial without contra- vening 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 M-here the verdict has been obtained by fraud of the defendant, such for instance as the collusive or forcible keeping back witnesses for the prosecution, the verdict may be treated as a nulity. Infra. Sec. 786. 58. Wherein the complaint was made to a justice by a person employed to do so, by the defendant, and the warrant was served and witnesses subpoenaed by the defendant's direction, and, an attorney retained and paid by him, to appear on the part of the State and the circumstances of the case, were so represent- ed to the justice that he imposed a lighter fine, than he otherw se 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 coruse, there is, in what has been said, no reference to a verdict of acquittal, obtained in a sham prosecution, instigated by the defendant himself and managed by him, with a view of forestalling, on the ground of such acquittal, a bona fide prosecution by the State. Smith V. Pfluger, 10 Dist. Repts. 717-718. 60. It has been many times decided and may be regarded as settled law, that if one procures himself to be prosecuted for an offense he has commit ted think- ing to get off with slight punishment, or none, and to thus bar a prosecution in good faith, by the State, , for the same offense, if tlie proceedings 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 af- fords 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 fradulently procured and are frequent- ly said to be void because of fraud practiced, it is GAME LAW DECISIONS. 155 apparent, that a better reason for holding them void and not binding upon the State, ds, 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 not- ice, or knowledge of the proceedings, it may be treated as a nulity. ''' * * * ''' In speaking of sucli cases. Bishop well says : "He, (the defendant) is, while holding his fate in his own hands, in no joopaTTly. The plaintiff is no party in fact, but only such in name, the judge is imposed upon, indeed, in point of law, ad- judicates 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 HORNS ON A DEER. 62. In a prosecution for illegally killing a deer, it is no defense tliat the respondent was ignorant of the fact that the animal was without horns. Vermont Reports; No. 75, Vol. II, Page 438, 1903. 63. 'In a prosecution for killing a deer not "having horns" n 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 protrude through the skin, whether these bunches were "horns" within the mean- ing of the statute, is a question of law for the court to rule upon, and not a question of fact for the considera- tion 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 mean ng 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 se_ curing convictions for violation of gjimc, fish or for- estry laws, as fixed by act of March 22, 1899. A. C. Lee, Const, v. County of Wayne. 65. Deputy Game Protectors are not entitled to the reward of $10, given Constables under tlie pro- visions of the Act of March 22nd, 1899. H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 156 GAME LAW DECISIONS. 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 t is to pro- tect our game, song and insectivorous birds in good faith, brings suit for viohition 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 insti- tuted by a public officer whose duty it was to enforce the Game Laws of the Commonwealth ; and there be- ing nothing to suggest that it was recklessly or ma- liciously brought, or that there was lack of sufiicient cause. Tlie amount of the cost is not before us for taxation ; 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. "No good reason being shown for refusing to make the order 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 chargeable to and paid by the County of Clearfield. Walker vs. Jefferson County, 33 C. C. Reports 298: "It is the duty of the Board of Game Commission- ers, Game Protectors and Doputy Game Protectors to protect game, and to enforce by proper actions and proceedings the Laws relating to the same. The Act of Marcli 22, 1899, P. L. 17, makes the Constables of the various wards, boroughs and townships of the Com- monwealth ex-officio Game and Fish Wardens, and m- poses the duty to enforce the statutes then in force or thereafter enacted for the protection of game, etc. ♦ ♦ . . . . *In such words power and authority mean duty and obligation, and in my opinion that the State Police act as Game and Fish Wardens is essentially of a mandatory character ; and, therefore, they are uithin the protection of the Act of 1903, and when in good faith institute proceedings for violation of the Game Laws, which fail, the County is liable for the costs of record in such proceedings. Carr et al vs. Northern Liberties, 35 Pa. 324; McDade vs. Chester City, 117 Pa. 414." GAME LAW DECISIONS. ^^^ Smith vs. Clinton County, 17th Dist. Reports T« fhp^nbovp case the plaintiff brought suit against of April 16, 1903, P. L. 213. FERRETS— RIGHT TO CONTROL. 67 The provision of the Game Law r< ■quiring per- sons to sec\i?e a license before breeding, selling or hav- Wferres in possession has been held to be constitu- Sonalbv Judge Edwards, in Lackawanna County, in the case of Commonwealth vs. Lewis Boero (July 2, 1917) ' RESPONSIBILITY OF JUVENILES. Under an opinion of Hampton L Carson, Attorney General of Pennsvlvania dur ng the term o^ Go^f- nor Pennypacker,'it is asserted a P^.™ "^f^Vas np^P of sixteen years is just as responsible and just as liable to have imposed upon him the penalties pre- ^Xd bv the Game Laws of this State fo; ^'i^^f/^^ S i^ nrovisions as is any other person. The Attor- ney General in this Opinion asserts that no one short nf the Jud-e of the Court of Quarter Sessions is vest- ed with authority to waive these penalties or in any manner tS relieve a juvenile of responsibility m a mat. ter of this kind. ^-r-o-r^cj 70 DAMAGES BY WILD ANIMALS OR BIRDS William G. Barrett, et al.. ) COURT OF APPEALS ^s V No. 203. State of New York. ) A-McL-Ho-ChJ-Cha-P-Ci Tn this case damages were claimed because beaver nrSUted by the State of New York had cut down cer- tl?n trees The Court held the State ^as not liable. S such clamages, and, ^-the., that the L^^-l^tur^^ alone had power in a matter of this kind, me <^ourr ^'Th\'pro[ecUoTamf of . game has been BBCuied by law in all civilized countries and may be 158 GAME LAW DECISIONS. justified on maay grounds. * * * * * rpj^g measures best adapted to tli s end are for the legislature to de- termine and courts cannot review its discretion. 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 accordediiarm may be done to the individual. Deer or moose may browse on his crops, mink or skunks kill his chickens; robins eat his cherries. In certain cases tlic legislature may be mis- taken in its belief that more good than harm is oc- casioned. But this is clearly a matter which is con- fided to Its discretion. It exercises a governmental 1 unction 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. ].*^3. RESPONSUilLITY OF SHERIFFS. 68. In an Opinion rendered by Horace W. Davis, Deputy Attorney General of Pennsylvania, on June 30th, 1015, It is asserted : "Under these Acts which provide for a fine, and in defa^ilt of payment of this fine imposed, and in which an alderman or justice of the peace has original juris- diction, a commitment cannot be interfered with or the prisoner discliarged, 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 the Insolvent Debtors' Acts for the dis- charge of the prisoner after he has served a^n im- prisonment of at least three months where the fine exceeds fifteen dollars. See Johnson's Petition, 2 Dis. Rep. 700. C9mmissiouers have, in times past, assumed to exercise the authority of ordering the discharge of prisoners committed for non-payment of fine or costs, nie absolute want of any such autliority 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 dis- charge a prisoner or to remit fines, forfeitures and costs. If courts have siuictionod tlieir acts m paying costs out of the County funds, where a party, was committed solely in default of pay- GAME LAW DECISIONS. . 159 mcnt of costs, that does not authorize their inter- ference when there lias been a conviction and sei^tenoe for a criminal offense.' See also Schwamble vs. The Sheriff, 22 Pa. 18. "The action by the sheriff in releasing a prisoner sentenced for default of pay,Tiicnt of fine, such re- lease being made only on the order of the County Commissioners, is not so much the fault of the as- sumption of authority by the Co,mmissioners as the dereliction of the sherilf in permitting the release of prisoner without proper warrant of law. As stated in Kuhn vs. North, 10 S. & R., 399. 'The sherilf acts in all cases at his peril and is answerable for any mistakes. Infinite inconven- ience 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 da[y for each dollar of fine imposed renders the sheriff and securities on his recognizance liable for the amount of the fine. See Walberton et al., vs. Commonwealth, 7 S. & 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 re-arrest the prisoners so released. As stated in Schwamble vs. The Sheriff, above cited : "The person convicted having been discharged from prison by the deputy sheriff by the direc- tion of the" County Commissioners without pay- ment of fine was lawfully retaken by the sheriff." 160 GAME LAW DECISIONS. 70. COrJSTITUTIONALITY OF LAW FORBID- DING THE SHIPMENT OF GAME BY PARCEL POST. A California statute probibitiug the shipment of game by parcel post was declared to be constitutional by the California Supreme Court in the case of Cali- fornia vs. Frank Phoedovius, 170 Pacific Reports, 412. INDEX TO OAME LAW'S. 161 INDEX TO GAME LAWS. A. Page. Abatement of penalty for killing a deer or elk by mistake, 97 Acknowledgement of offense, right of, 26-37 -43-45-53-57-'91-97-121 Advertisement by Game (JummissAon, 41-80-101 Affidavit, bounty, taken by Game Protectors without fee, 9o Affidavit, bounty, taken by Justice, Special Deputy Game Protectors and other officials ' 92 Aid in making arrests 14 Air-rifle, use of in taking game prohibited 74 Alderman to take affidavits in claims for bounties, 92 Alderman not to mi. ..late skin or pelt in claimi for bounty, 93 Aliens, imnaturalized, not to be possessed of shotgims, rifles, revolvers or dogs 22-50 Anatidae, game birds (see waterfowl) 59 Animals and birds destructive to game, 61 Annual report from propagating plant C6 Annual report from taxidermist 64 Apparatus, forfeiture of, 14-24-33-35-46-57-61-118 Appeal, right of, 20-37-42-56-90-121 Application of fines and penalties 15-19-21-25-36-39-41-42-47-52-57-58-90-97-120-122-123-124 Application for certificate to take birds, 62 Application for certificate to practice taxidermy 64 Application for certificate to operate propagating plant 65 Application for license to breed, sell or have ferrets in possos.sion, ... 63 Appointment of Game Commissioners, 10 Appointment of Game Protectors 11 Appointment of Special Deputy Game Protectors , 21 A'-rests, aid in making, 14 Arrests, on Sunday 13-16-24-52 Arrest, resisting or interferring Avith, 14-34-45-56-119 Arrest, witliout warrant 13-16-24-33-39-46-52-57-122 Artificial lights prohibited 74 Automatic guns , 21 Automobiles, game not to be killed from, 74 Auxiliary Game Preserves, public, establishment of, 99 Ball or bullet, in hunting deer, 81 Ball or bullet, shooting of controlled, 122 Bam Swallow, protected, 69-70 Bam Owl, protected 69-70 Barred Owl, not protected, 71 Bay or Canada Lynx, commonly called wild-cat, bounty on, 92 Bear, game animal, 60 Bear, open season for 71 Bear, not to be killed as game with shot 81 Bear, num])er that may be killed by any one pcrsun, 73 Bear, number that may be legally killed by one camp or parry 78 Bear, may be killed as protection to person or property 79-80 Bear, may be killed by Game Commission when becoming nuisance, . . 79 162 INDEX TO GAME IJ^WS. Page, Bear, may be killed when a nuisance in counties opened ^^ ^^^^^^^ ^^°'; gQ BelTm^y be' shipp'eil 'when 'prope'riy 'nmi-ked; 'except' bV" p'arc^l' post. 87 Bear! taking in steel traps, dead-falls or pens, prohibited 74 Beaver protected at all times 69-70 Bee-bird . protected ■ ■ " ' V ' ' j I'l rk Belgian or German Hare, no license required to breed or sell 85 Birds, may be taken under certilicate, ^^ Birds, nests and eggs protected, gg Birds, not to be kept in cages • • ' ;,' l-" 60-70 Birds, oth^r than game birds, protected at all times "^ < ^ Birds, other than game birds, not protected 69-70 Bittern, protected, 69-70 Black-cap, protected 59 Black Bird, game bird, Y2 Black Bird, open season for .• • • 1 \\ 7ft Black Bird, mav be killed as a protection to property, '^ Black mrd. maV be killed under direction of Game Commission 79 Black Squirrel, game animal (see squirrel) 69-70 Blue Bird, protected, 69-70 Blue Finch, protected, ," ' • 4-* 1.' ' * '■,' r'^',.',\ 71 Blue Heron, not protected, (Protected under National Law) ^J Blue Jay, not protected ' * ' * "iV hl'i^ Vn 4fil.'^7-61-118 Boat, forfeiture of to Commonwealth 14-24-33-d5-4b 57 bx xio Boat, kind that may be \ised m hunting ^2 Bobcat, or wild cat, bounty on, •• 70.1^5 Bobolink, or Reed Bird, game bird, open season for s':^ 84 135 Bought or sold, certain game cannot be ^g ^^.j^qq IZJv'ilavitVto'^be'takeA'by-Ga'me'Prot^t^^^^^ 95 iZtv*, affidavit for to be taken by Justices. Special Deputy Game Pro- ^^ tecto'rs, etc., claimant to pay fee, g2 Bounty, on noxious aninials. • • • ,' " V ' * V * * ' ' Boitraps, resident under 14 may lake rabbits with, on lands whereon ^^ Bo?s'7 beTwe'Si' li' and '16 ' to ' receive ' ii'ci^nse ' to ' huAt ' by' 'consent of ^^ parents or guardian .■■;■* 28 Bovs under 14. not to receive license to hunt, • • • • Boys'. Sr 14 may take rabbits in box traps on lands whereon they ^^ reside r ••' ",: 59 Brant, game bird (see waterfowl) ^q Broad-winged hawk, not protected. . • . • • • _2 Buck deer with horns at least four inches above skull ' ^ Buck shot, not to be used in killing deer or bear °^ Bullet or ball in hunting deer and bear ^22" Bullet, shooting of, controlled 69-70 Bimting, protected , ^0 Buzzard, not protected. C. flQ-TO Cages, birds not to be confined in , '-g Camps and hunting parties must keep roster eQ-70 Cardinal, or red bird, protected, gg ^^q Cat Bird, protected, I47 CatP, legal status of \- / ■, 69-70 Cedar bird, or wax wing, protected INDEX TO GAME LAWS. 163 Page. Certificates for taking birds, Ordinary, 62 Certificates for taking birds , Special, 62 Certificate for non-resident before limiting or trapping 64 Certificates for resident before hunting for game, 27 Certificate for propagating purposes, 65 Certificate, forfeiture of 66 Certificates not transferable, 61 Chasing game on Simday forbidden 71 Chat, protected, 69-70 Cherry Bird , protected, 69-70 ':!hewink, protected, 69-70 Chicadee, protected, 69-70 Ciiipping Sparrow, protected, 69-70 Claims for bounty, procedure to procure 92 Close season defijied 60 Closing counties to hvmting for certain birds and animals 30 Closure of county by Governor 49 Collars on dogs 83-104 Common carriers, not to accept game for fshipment out of State, .... 88 Common carriers, not to accept game for shipment unless ^properly marked • • 87-89 Concealment of game illegally killed punishable by full penalty 73 Cohfiscated game 14-33-46-57-78 Confiscated parphemalia, 14-24-33-35-46-57-61-118 Constables, game wardens, 15 Constables, to kill dogs, 82-83-109 Convictions, summary 19-20-25-36-41-44-52-56-89-115 Coon, game animals (see Racoon also Fur-bearing animals) 60 Cooper's Hawk , not protected. 70 Coots , game birds , 59 Coots, open season for. State law 72 Costs of suit, liability for (also see citations, page 156), 18 County may be closed to hunting 39-49 County Treasurer to issue Non-Resident Hunter's Licenses 54 County Treasurer to issue Resident Himter's Licenses, 27 Count decisions • • . . 137 Craft , certain kinds forbidden in hunting 75 Creeper, protected, 69-70 Crow , not protected , 71 Cuckoo , protected 69-70 Curlew, game bird ....•• 59 Curlew, open season for. State law 72 Curlew, not to be killed until after 1926 under treaty with Canada, .... 135 Cured or tanned skin may* be had in possession if secured legally, .... 71 Cutting den trees prohibited, 117 D. Deception of wild game forbidden, 74 Decisions pertaining to game and ftsh, 137 Decoys, for wild water fowl, may be used, 75 Decoys, may be forfeited 14-24-33-35-46-57-61-118 Decoys, number and dLstance apart ther must be placed 75 Deer, game animals, 60 Deer, buck with horns 4 inches above skull, open season for 73 Deer, number that may be killed by one person,. 73 Deer, number that may be legally killed by one camp or party hunting together 78 Deer, tag must be attached t» within 6 hrs 78 164 INDEX TO GAME LAWS. Page. Deer, attemp to kill or wOTUid a second, by standing en watch or other- wise proliibited '^ Deer, does, fawns not to be shot at, . . . '. J^ Deer, dogs chasing to be killed by .any person 8a Deer, killed in preserve properly licensed 65 Deer, killing of permitted when caught materially destroying crops, . . 79 Deer, killed as a protection to property must be sent to hospital or charitable institution •. '^ Deei-, killed of pennitted when caught materially destroying ^crops, ... . '» Deeri killing at lick prohibted, |^4 Deer, may be killed by Game Commission when becoming nuisance, 7» Deer, not to be bought or sold if killed in a wild state,, of Deer, not to be killed with giui discharging more than one ball, 81 Deer, nut to be killed in water 81 Deer, shipment bv parcel post absolutely prohibited »« Deer, shipment of, Avithin State permitted when properly marked, 8f Deer, shipment out of State prohibitee shot at, ' •;• Dogs, found running deer or elk may be killed by any person »^ Dogs, found running small game may be killed by certain persons and owners prosecuted _- Dogs, in woods during deer season °J Dogs, mav be killed upon affidavit made within two years VnV-iin-i^p. Dogs, legal status of •••;••• l">i-llU--^*» Dogs not to be possessed by unaturalized foreign-bom residents w Dogs , not to be used in deer hunting, °\ Dogs, owners or persons harboring to secure license for . . . xu^ Dogs, owners or persons harboring, liable to penalty so 8^ Dogs, public nuisance, sq Dogs , time for training, • i*^ Double liability, when dogs chase deer or elk after notice »^ Doves nrotected aq 70 Downev Avoodpecker. protected on-tv Duck, "wood, absolutely protected by National regulation. Ducks, Avild, game birds (see waterfowl) oa Duck haAvk. not protected ••.•;.• \ «h Duplicate tags, mutilation or second use of, prohibited wo Duplicate tasrs. to be returned to Game Commission »» Duty of Assessors, • ' ' • • • • . ^Q 1 2'> Duty of Constables 15-82-8d-10y-iJ;- Duty of Court of Quarter Sessions -^ ' INDEX TO GAME LAWS. 165 Page. Duty of Foresters, Forest Rangers, Game Protecters and Fish Wardens, 4S Duty of Game Commission, H Duty of Game Protecters 12 E. Eagle, protected • • 69-70 Educational purposes, animals and birds maintained for, 61 Eggs, and nests of Avild birds, not to be disturbed, 69 Egret, absolutely protected. 69-70 Egret plumes, not to be sold in this Coramonwealtli 69 Elk , Game animal, 60 Elk, killing prior to 1923 prohibited, 76 Elk, may be killed by Game Commission when becoming nuisance, .. 7S Elk, may be killed by property owners \mder certain conditions, .... 79 Elk, may be taken by still hunting only after 1923 761 English Pheasant (not raffed grouse) , game bird (vsee pheasant) ..... 59 EJvidence. prima facie 24-30-51-55-77-85-117 Evidence to be heard by Aldermen, IVIagistrates , and Justices of the Peace 19-20-25-36-41-44-52-5^-89-115 Expenses of Game Protecter, 15 Expenses of Special Deputy, neither State nor con'^tv li:Tbie fm- 21 Express Company, not to accept small game for shipment Tinless prop- erly marked and accompa'ined by owner 87 Express company, not to accept large game for shipment imless properly marked, .^ 87 Express company not to carry game out of State ' 88 Express company, not to carry game out of State, exception 88-89 F. Fawns and does, not to be shot at, 73 Ferret, in hunting, use of prohibited 75 Ferret, license to ov»n, have in possession, breed (or sell, 63 Fees for certificates, 27-54-63-65-66 Fee for boimty affidavit taken by officials othier than paid protectors to be paid by claimant, 03 Fines, disposition of. 15-19-21-25-36-39-41-42.-47-52-57-58-90-97-120-122-1. !3-124 Finch, protected C9-7» Fireamis, unnaturalized foregn-bom residents forbiden to possess... 23 Fireanns, use of prohibited in certain places, 38-44-100 Fish Hawk, or Osprey, protected 69-70 Flicker, protected 69-70 Fly-catcher, protected 69-70 Foreign-born residents, unnaturalized cannot be possessed of dogs, .... 50 Foreign-bom residents, mmalfuralized. cannot be possessed of shot- guns, rifles or pistols 23 Forfeiture of boats, eta 2(0-37-42-56-90-121 Forfeiture of certificate, 31-63-6^ Forfeiture of dogs in possession of aliens 51 Forfeiture of game and shootin? paraphernalia 20-37-4-2-56-90-121 Forfeiture of guns by unnaturalized foreign-bom residents, 23 Fowl, wild water, game birds (see water- fowl) 59 Fox not to be brought into this State or reared in captivity and re- leased , •■.... 6© Fox. red and grey, bounty on , •; 92 Fox squirrel, game animal (see squirrel). 60 Fur-bearing animals, protected open season for 11 fl 166 INDEX TO GAME LAWS. G. Page. Gallinules , game birds 59 Game, acceptance of from paid guide proliibited 86 Game, Classification of 59-60 Game , comuierce in, h • • . . 83-84 Game Commission, appointment of, 10 Game Commission, Secretarj' of 11 Game Commission , duties of 11 Game Commission, meeting of, 11 Game Commission , game laws not tC apply to when acting for the . . State 81 Game i. unimissioii, liglit to destroy vcinim, 61 Game, concealment of when illegally killed, proliibited 73 Game, disposition of, vhen seized 14-83-46-57-78 Game, forfeiture of 14-33-46-57-58 Game, himting for wages or hire, prohibited 86 Game, importation of alive without inspection, prohibited, 69 Game. In transit 88-89 Game, large, may be shipped within the State when properly marked, without accompanying same, 87 Game, limit of number to be taken, 72-73 Game, non-residents with license may cari-y out of State 89 Game, not to he taken between sunset and sunrise, 74 Game, not to be taken between srmset and sunrise, exception, 74 Game, open season for 71-72 Game, ownership and control of 137 Game, possession of during close season 71-85 Game preserves. Auxiliary, controlled by State, public, 90 Game preseiTcs, owned by private individuals, 65 Game preserves, public, on lands owned or leased by State 43 Game Protectors, appointment of 11 Game Protectors, Special Deput>', appointment of 21 Game Protectors, powers of 12-13-14 Game Protectors, surrender of all penalties collected to Commonwealth, 15 Game Protectors, tenure of office 12 Game I'rotectors, to take affidavit in claims for bounties without fee, 95 Game Protectors, Special Deputy, to take boimty affidavits, claimant to pay fee, • • 95 Game, purchase and sale of certain kinds prohibited 83-84 Game, removal out of State prohibited, 88 Game, removal out of the State permitted under certain conditions. . . 88-89 Game right of the State to control, 137 Game, small, not to be accepted by common carrier for shippment unless properly marked and accompanied by owner 87-89 Game, shipment of by Parcel Post, absolutely prohibited, 86 Game, tagging of, killed in private preserves, 67 ■" Game, tagging of killed in wild state when shipped, 87-89 Game, time same may be held in possession , 85 Game, to be taken only through Mse of gam 74 Gender defined 27-59 Gnat-catcher, protected 69-70 Goose, wild, game bird (see water-fowl) 59 Goshawk , not protected. 70 Governor authorized to close counties to hunting, etc. , 49 Grackle or Blackbird, game bird (see Blackbird) 59 Grass Snipe, or Upland Plover, game bird (see Plover), 59 Great Blue Heron, not protected, (Protected by National Law),,.... 71 INDEX TO GAME LAWS. 167 Pag*. Great Gray Owl. not protected 71 Grebe, game bird (see Waterfowl) 69 Green Heron (Sliitepoke), not protected, (Protected by National Law) "^l Oray Squirrel, ?jame animal (see squirrel) W Grosbeak , or red bird, protected 69-70 Grouse, ruffed, game bird 59 Grouse, open season for, to iro Grouse, nujnber that may be killed, 15 Grouse, not to be accepted by employer of guide 86 Grouse, not to be bought or sold, ^^'a Grouse, not to be killed except through tlie use of gun 74 Grouse, not to be killed for wages or hire, 86 Grouse, not to be killed between simset and sxinrise, 74 Grouse, not to be removed out of the State, 88 Grouse, not to be removed out of the State, exception 88-89 Gull, protected 69-70 Gun, automatic, prolilbited in hunting game 21 Gun, forfeiture and disposition of when seized, ....14-24-33-35-46-57-61-118 Gun, propelling more than one bullet, pellet or ball, when prohibited, 81 Guru use of in taking game, 74 H. Hair bird , protectelations^ 77 Oath taken by paid Protector in claims for bounty without cost w» Oath, tu (.vercome effect of prima lacie evidence. •■■•■■■•••••••.•' {^ Oath, taken by Justices and other ollicials in clauns for bounties to be ^^ paid by claimant 35-60-117 Offense, second, y^' ' ' V ^ 48 Officers empowered to enforce Game, Fish, and Forest Laws, . ■■•;,••• g^^?« Officers, interference with or resisting arrest by ^*-^*-*'^ ^YV^Iq Officers, iclusing or ncgkK;ting to do their duty ' ^^ Open season lor game definecL ; • • • • :.:,;.*i -ii^ 71-72 Open seasons for game. State Law (see Summary page 134), 134.135 Open seasons for game. National Law, . ^^„ Opossum, fur bearing animal, open season for, ■••^2 Ordinary Certiliiates for taking birds, 69-70 Oriole , protected • 69-70 Osprey, or fish hawk, protected, ^^^ Otter, fur bearing animal, open season for Owls, wild hirds other than game birds, protected ^o'.'li Owls, certain species not protected, . ..... • • Si' ro SS-103 Owners or persons harboring dogs, liability for, . ■•■^]-f^ ^^ ^"^ Owners or persons harboring dogs, must secure license from County Treasurer and attach tag to collar Paraphernalia, forfeiture of ...■...• 20-37-42-56-90-121 Parcel Tost, shipment of game by, forbidden °" Parks, Public, use of firearms prohibited Partridge or Quail, game bird (see Quail), ••••••••••; t;« Parts of came caiii.oc he legally sl.ipped by Parcel Post, • *>(» Parts of tame may be shipped to Taxidermists Vithin State for mount- ^^ inc when properly marked ^' '•' Ui- Parts of large gan.e, may be sliipped within Stalte by express or freight when nronerlv tagged without accompanying ; ••••■•■,•'■ V "■ ' Parts of smalf game camiot be shipped imless properly tagged and (ac- ^ PeTtTuflet^o^- iS^Tut'oiie aV^^nglVAischaVg^-at d^V knd bi^r! ' .' ! ^^81- Pelts, of certain animals •■.;•; 74 Pens and traps for cat(>hing bear prohibited • Penalty, abatement of, under certain conditions Penalties, disposition of, . , . 15.19.21-115-36-39-41-42-47-52-57-58-90-97-120-123-123-124 Penalties, not to apply to 27-59 Person, tlie word defined, ^'n& Persons, shooting by mistake punishable '^^^ Petition to close countless to hunting of game, ^^11 Petition to establish Auxiliary Game Preserve, ^^ Petition to oi'on county to killing bear, when destructive ^^ »*J Pewee, protected, INDEX TO GAME LAWS. 171 Pheasant, commoHly called, properly known as ruffled grouse, game bird (see Grouse) , 59 Pheasant, ring-neck (English. Mongolian or Chinese) game birds 59 Plieasant, ring-neck , open season for, 71 Pheasant, ring-neck, number may be killed 72-73 Pheasant, ring-neck, killed in a wild state in this Commonwealth not to be bought or sold 83 Plieasant, ring-neck, killing of in captivity 72 Pheasant, ring-neck, not to be killed except through the use of a gun, 74 Pheasant, ring-neck, not to be killed for wages or hire, 88 Pheasant, ring-neck, not to be killed from sunset to simrise, 74 Pheasant, ring-neck, time same may be trapped for special purposes. . . 86 Phoebe, protected, 69-70 Pigeon hawk , not protected , 71 Pileated, woodpecker, protected 69-70 Pine Squirrel, game animal 60 Pine Squirrel, open season for, 71 Pistols or any other firearms, mmaturalized foreign-bom residents, for- bidden to own or possess 22 Pit-fall, use of forbidden, 74 Plover, game birds 59 Plover, open season for, State Law , „ 73 Plover, upland or grass, and kill-deer, protected until after 1926 by National Law 1.S4 Plumage of wild birds, sale of prohibited 70 Pole-cat, (see skunk), fur-bearing animal, open season for 116 Possession of game at certain times prima facie evidence, 30-77-85-117 ♦ Possession of game at certain times unlawful, 71-85 Possession of game during open season and for thirty days thereafter.. . 85 Posted lands, trespassing on, 19-20 Preserves for game. Auxiliary, controlled by State 99 Preserves for game, leased or owned by State 43 President of Game Commission, permission of, at certain times, 62-64 Prima facie evidence 24-30-51-55-77-85-117 Propagation of game, certificate for, ©5 Property seized, disposition of, 14-24-33-35-46-57-61-118 Protection to trees and growing crops, certain animals may be killed. . . 79 Protectors, Game, It Public Institutions in which living birds may be kept (Kl Public nuisance, when dogs become 82-83 Public parks, use of firearms prohibited, .^8 Purchase of lands for Game Preserves, QS Pursuit of bear during close season, when legal 80 Pygopodes. game birds, 59 Q. Quail, or Virginia partridge or Bob-Avhite, game bird, 59 Quail. Gambel. same protection throughout as Virffinia Quail, 75 Quail, Hungarian, game birds (see Hungarian Quail) 50 Quail , open season for, 71 Quail , number that may be killed, 72-73 Ouail. not to be bonrht or sold, 84 Qnall , not to be killed except with a grm 74 Quail, not to be killed from sunset to sxmrise 74 Quail, not to be killed for wages or hire 86 Quail , not to be removed from the State, 88 Quail, time same may be held in possession 85 Quail ; time same may be trapped for special purpose 86 172 INDEX TO GAME LAWS. R. page., jRabbit, game animal oO liabbit, open season for, 71 Rabbit, number tliat may be killed, 72-73 Rabbit, killed in a wild state in this Conunonwealth cannot be bought or sold, 83 Rabbit, may be taken in box traps by residents mider 14 on lands whereon they reside 74 Rabbit, may be killed as protection to trees, etc. , 79 Rabbit, not to be hunted witli ferrets 75 Rabbit, not to be taken except through use of gun, except by residents under 14 on lands Avhereon they reside 74 Rabbit, not to be hunted from sunset to sunrise, 74 Raccoon, game animal, also fur-bearing animal, 60-116 Raccoon, open season for, 71-116 Raccoon, may be bought or sold if taken during open season 74 Raccoon, may be killed as protection to growing crops 79-117 Raccoon, may be taken in any manner, eitJier day or night, 86 Railroads not to carry game out of the State, 88 Railroads not to carry game out of the state, exceptions 88-89 Railroads, not to accept large game for shipment unless properly marked 87 Railroads, not to accept small game for shipment unless properly marked and accompanied by owner, 87 Rallidae, game birds, 59 Rails, game birds 59 Rails, open season for, State Law 7J-134 Raven, not protectetl , 71 Receipt from Game Protectors, 26-37-43-45-53-57-91-97-121 Record costs, liability for (also see citations page 15G) , 18 Records of Aldermen and JiLstices, 128 Red-bird , protected, 69-70 Red-lieaded Avoodpecker, protected, 69-70 Red-shouldered Hawk, not protected, 70 Red Squirrel, game animal, 60 Red Squirrel, open season for 71 Redstart, protected 69-70 Red-tailed, Hawk, not protected, 70 Reed bird, game bird, (Bobolink) , 59 Reed l)ird, open season for, 72-135 Reed bird, may not sold under an order of the Secretary of Agrlcalt- ure 135 Removal of game out of State prohibited 88 Removal of game out of State prohibited, exceptions, 88-89 Report of Game Commission to Governor ; 11 Reservation, GanTi Preserves. Auxiliai-y, controIleecimens may be sliipped to "vrithln State when properly marked 87 INDEX TO GAME LAWS. 175 pajro. Thraslier, protected uk- iO Thrush, protected , 69-70 Tilt-up, game bird, (see sandpiper) 59 Time limit for prosecutions, (See act violated) Time game may be had in possession after close of season 85 Titmouise. protected 69-70 Training dogs on game on Smiday prohibited, 71-83 Traning dogs, open season for 83 Transportation of game out of State prohibited, 88 Transportation of game out of State, exceptions, 88-89 Transportation of small game prohibited unless properly marked and accompained by owner, 87 Transportation of large game permitted when properly marked, .... 87 Transportation of wild birds other tlian game birds prohibited, 70 Traps for game, except rabbits and raccoons, absolutely prohibited, 74 Traps for taking fur-beariug animals not to be disturbed, 117 Traps for taking vermin, legal under certain conditions, 74 Trespass on posted lands 19-20 Turkey, wild, game birri, 59 Turkey, wild^ open season for 71 Turkey, Avild, nuiiil>er that may be killed 73 Turkey, wild, calling of, illegal, 74 Turkey, wild, not to be bought or sold 84 Turkej'', wild, not to be hunted for wages or hire, 86 Turkey, wild, not to be killed between sunset and sunrise, 74 U. Unlau-ful to shoot at a doe or fa^Ti at any time 7^ Unnaturalized foreign-bom residents cannot be possessed of dogs, .... 50 Unnaturalized foreign-bom residents cannot be possessed of ftrearms of any kind 22 Unprotected animals, list of lo6 Unprotected birds, list of 70-71-136 Upland or grass plover, game bird, (see plover) 59 Vacancy on Game Commission , how filled 10 Veery, protected, 69-70 Vireo. protected 69-70 Virginia partridge, or quail, game birds (see quail) 59 W. Wages or hire, hunting for prohibited Sd Warblers, wild tiirds other than game birds, protected, 69-70 Wardens, all Constables are, 15 Wardens , rights and duties of 12-48 Warrants of search , 13-24 Water craft, certain kinds not to be used in hunting waterfowl 75 Water craft, forfeiture of 14-24-33-35-46-57-61-118 Waterfowl, wild web-footed, gamel birds, 59 Waterfowl, wild, open season for. State Law, 72 Waterfowl, wild, open season for, except swans and wood-ducks. Na- tional Law 135 WaterfoAvl, wild, may be taken through use of decoys and blinds 75 Waterfowl, wild, not to be killed except through use of gun 74 Waterfowl, wild, not to be killed from certain boats or craft 75 176 INDEX TO GAME LAWS. page. Waterfowl, wild, not to be killed between sunset and sunrise, 74 Waterfowl, wild, under National Law cannot be legally sold 3 35 Waters, deer not to be killed in 81 Weasel , bounty on 92 Whip-poor-will, protected 69-70 Wild birds' nests, not to be interfeared Avitli, , 60 Wild birds other than game birds, absolutely protected 69-70 Wild birds other than game birds, not protected, 70-71 Wild birds other than game birds, not to be shipped out of State, .. 70 Wild birds other than game birds, not to be sold or offered for sale. . . 70 Wild cat (Canada or Bay Lynx), also called Bob-cat, bounty on 92 Wild ducks and other Avild waterfowl, game birds (see Avaterfowl). 59 Wild turkey, game bird (see turkey) , 59 Woodcock , game bird, 59 Woodcock, open season for, 71 Woodcock, number that may be killed 72-73 Woodcock not to be bought or sold, 83-84 Woodcock, not to be killed except with a gun, 74 Woodcock, not to be killed for wages or hire, 86 Woodcock , not to be killed from sunset to sunrise, , , 74 Woodcock, not to be transported out of State, 88 Woodcock, not to be transported out of State, exceptions, 88-89 • Wood Duck, absolutely protected under National Law Woodpeckers, wild birds other than game birds, all protected, .... 69-70 Wren, wild bird otlier tlian game bird , protected , 69-70 y. Yellow bird, protected , 69-70 Yellow Hammer, or Flicker, protected 69-70 Y'ellow shanks (snipe) , game bird 59 Z. Zoological gardens , game laws not to apply to , ttl FISH LAAVS, 177 NEW DIVISION 11. LAWS RELATING TO FISH- YORK— PENNSYLVANIA DELAWARE RIVER LAW. An Act for the protection of shad and ga^me fish in the River Delaware. Whereas, It is deemed ad\dsable by the Fish Com- missiouers of New York and Pennsylvania, to protect the stocking of the River Delaware with shad and game fish, and to guard the fishing industries of the said river by the passage of uniform laws for the said river in each State, theref ore- Section 1- Be it enacted, &c., That hereafter no person or persons shall cast, draw, or fasten, or otherwise make use of any seine, drift net, fyke net, or net or nets of any other description, or use any other apliance for the catching of fish, except rod, hook and line in the Delaware river: Provided, That this section shall not extend to shad fishing : Pro- vided also, That the meshes of nets used for catching shad shall not be less than three inches in width, or one and one-half- inches from knot to knot, above Trenton Falls : Provided also, That it shall not be lawful to fish for shad with nets, either shore, drift, gilling or dip-nets, or with any appliances whatever from June fiftoenth 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 the 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 purpose of catching fish in the Delaware river at any time in any year. Every per- son so offendinsr shall be jrnilty of a misdpiraeanor, and on conviction thereof shall be punished by a fine, not exceeding one hundred dollars or imprisonment in the county jail for a term not exceeding six months, or both fit the discretion of the magistrate or court be- for which such offender or ocenders shall be con- Act May 22 1S89 P. L. 261. Preamble. Fishing with nets pro- hibited. Not to ex- tend to shad fishing. S' 7.C of me»h ahore Tren- ton Falls, Fishing for shad with nets from Jin- ir.th to Decem- ber 31 Pro- hibited above Tren- ton I'alls. Penalty. TTso of cer- tain nets prohibited. Violation of this act declared a misfdeojieanor Penalty. 178 FISH LAWS. Fishing, ete on Sunday prohibited. Penalty. Breetlon and use of fish basket*, etc., pro- hibited. Wing walls prohibited. Penalty. Penalty for second offense. Kock-bass or wall-eyed pike not to be killed . within two years. Black-bass etc., not to be caught between January 1st victed , aiid the iiet 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 purpose 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-baskets, fyke nets, eel racks, or any kind of appliances or set means of taking fish to any wing walls in the uver 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, adjusting, placing or setting thereto or adjacent thereto, any of the above men- tioned illegal devices, contrivances or appliances for taking fish. Any person ^^olating the pro^asions of this law shall bo 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 ma^'s- tratp 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 county jail. Sf^ction 5. It shnll not ho Inwfnl to cntch or kill by any means whatever, any rock bass or any wall- eyed pike, otherwise called Susquehanna salmon (sp»- cios 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 . Section 6. No person shall, by any means or de- vice whatsoever catch, or kill in the Delaware river any black bass, rock bass or wall-eyed pike, commonly known as Susquehanna salmon, betw^een the first day FISH LAWS, 179 of January and the thirtieth day of May in any year, nor shall catch or kill any of said species of fish at any other time during the year save with rod, hook and line. Any violation of this section shall subject the offender to a penalty of ten dollars for each fish so caught. Sectfbn 7. No person shall catch or kill in the Delaware river, any black bass or wall-eyed pike under six inches in length, or any rock bass under five inches in length, under a penalty of ten dollars for every fish so caught. But should any fish be taken of a less size than the above, or should any wall-eyed pike or rock bass of any size be taken within two years from tlie passage of this act. it shall be the duty of anyone taking or capturing the same to return the fish immediately to the water from whence taken. Any violation of the Inw shall sub- ject the offender to a penalty of ten dollars for each and every fish so caught. Section 8. Nothing in this act shall be so construed as to prevent the catching of bait fish, other than game fish by means of hand or cast nets for angling or scientific purposes, or the catching of game fish bv 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, deputy warden, sheriff, deputy sheriff, constable, po- liceman, or any specinl officer of this Crymmonwealth. 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 author'zed to arrest forthwith any person placing, erecting, using or fastening them. Any person or persons interfering with any of the above officers in the discharge of their duties or resisting arrest, shnll pay a fine of one hundred dollars or be 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. Section 10. Any fish commissioner, fish warden, deputy fish warden, sheriff, deputy sheriff, constable, policemen, or special officers of this Commonwealth, IS hereby authorized to apprehend, arrest and imme- and May SOth. And at no time save with hook and line. Black-basB uikUt inches in length and wall-eyed piko under 5 inches in length not to be caught. If caught to be re- turned to water. I'enalty. Catching fish for certain purposes allowable. Duties of fish war- dens and other officers. Penalty for inter- ference with officers. Officers authorized to make arrests. 180 FISH LAWS. Hearing before justices of the peace. Appeal. Costs. Application of tine recovered. Repeal. diatcly take any person who may be guilty of the vio- lation of any of the prov sions or sections of this act before any justice of the peace, magistrate 'or any other legally constituted authority, and thercupt)n 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- peal as in all similar cases of arrest and conviction, and in case of any failure of any fish commissioner, warden or any other officer named above to prove his ease the county in which '^t is heard shall pay the costs . Section 11. The finest imposed under any section of tills act shall be paid to the Treasurer of the county in which the prosecution shall be made and the said Treasurer of tlio several counti<>s of the State shall I)ay over to the Coimmissioncrs of Fisheries all moneys forfeited and recovered by them by virtue of this act, and the said Commissioners sliall pay over the same to the Treasurer of the State. Section 12. All sections, provisos or acts incon- sistent with this act are her(>by repealed. Approved The 22nd day of May, A . D . 1889 . JAMES A. BEAVER. May 8, 1876 P. L. 104. POLLUTION— A SUPPLEMENT To an act, entitled "An act to amend and consolidate the several acts relating to game and fish", ap- proved May first. Anno Domini one thousand eight hundred and seventy-three, to require all persons 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 oflfal, refuse and the tan bark and liquor therefrom used in tanning, so far as is practicable may be pre- vented from passing into or upon any of the rivers, lakes, ponds or streams of this Commonwealth. FISH LAWS. 181 Section 1. Be it enacted, &c., That section seven- teen of the act aforesaid be and the same is hereby amended so that the same shall read as folows, 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 Commonv/ealth, under a penalty of fifty dollars for each offensie, 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 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 shall 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 stijme is hereby repealed. Manufactur- ers to pre- pare tauk, fur reception of coal dirt etc. Penalty. When consta bles' costs to be charg- ed upoa ec unly . When costs to abide event of suit Repeal. Approved — The 8th day of May, A. D. 1876. J. P. HARTRANFT. 182 June 10, 1881 P. L. 88. FiBh coTpora- tlona hare Bpedal po- Uce. Goremor to appoint. Police to take oath. Powers ol police. To wear sMeld. FISH LAWS. POLICE FOR FISH PROPAGATING CORPORATIONS. \n act relative to the appointment of police for cor- porations organized under the laws of this Common- weaUh for the preservation and propagation of fish. Section 1. Be it enacted, &c., That any corpora- tion organLd under the laws of this Conimonwealt^ for the preservation and propagation of fi«l\"^^^hi8 Commonlvealth, may apply to the Governor to com- mission such persons as the said «>:P^:;\^^So5^^«^ designate, to act as policemen for the protection oi the nronerty of such corporation. t^„4.j«„ Section 2 The Governor, upon such application, may appoint such persons, or so ^"^^"^/^ H^as he may deem proper, to be such policemen and shall issi?? L such person or persons so appointed a com- "^t?tionT ^lv^"iT PoHcemf" so appointed shall bef^i?> entering upou the duties of Ms. office, take and i^ihscribe the oath required by the eighth article of tl^e^cSfst-tution before the rtn^order of the county in which the property of said corporation may be situ- rtrc{^^^^i\ch^'th, 'after being ^^^^ ^t' g^^UaJy recorder shall be filed in the office of the feecretary of State; and a certified copy of such oath, made by e recorder of the county, shall be recorded with to commission in the county in which the property of such corporation,, for 7^^^^ ^"^^ P^;T?s^i appointed, may be situated, and in which it ^s m tended said policeman shall act; and such policemen so appointed shall severally possess and exercise all tL powers of policemen in the county in.;^^!^^^ they shall be so authorized to act as aforesaid and the keei ers of jails and lock-ups or station houses in saS county are required to receive all P^rsoj a^r rested by such policeman for the commission of any offense against ?he laws of this Commonwealth upon the premises of any such corporation, to be dealt with according to law. u ^ ^r. Section 4. Such corporation police shall, when on dutv severally wear a metallic shield with the word ^poHce" and the name of the corporation for which appointed inscribed thereon, and said shield shall Xays be worn in plain view, except when employed as detectives. FISH LAWS, 183 Section 5. The compensation of such police shall CompenBa be paid by the corporation for which the policemen "<*^- are respectively appointed, as may be agreed upon be- tween them. Section 6. Whenever any corporation shall no longer require the services of any policemen as afore- said, they may file a note to that effect under their corporate seal, attested by their secretary, in the office where the commission of such policemen has been recorded, which shall be noted by the recorder upon the margin of te record were such commis- sion is recorded, and thereupon the power of such policcjmen shall cease and be determined. Approved— The 10th day of June, A. D. 1881. HENRY M. HOYT. When Ber- Ticea no longer re- quired. DELAWARE RIVER BELOW TRENTON FALLS. An act to encourage the propagation 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 Common- wealth of Pennsylvania and the State of New Jer- sey ; and providing penalties for violation of its provisions, and to repeal acts inconsistent there- with . Section 1. Bei it enacted, &c., That the provisions of this act shall affect and apply only to the propa- gation, catching, taking, and protection and destruc- tion, of fish in the waters of the Delaware River be- low Trenton Falls, lying between the Commonwealth of Pennsylvania and the State of New Jersey. Section 2. The inhabitants of the Commonwealth of Pennsylvania and the State of New Jersey shall have and enjoy a comimon 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. Section 3. For the purposes of this act, the fol- 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- 1909, May 1 P.L..309. Delaware River below Trenton Falls. Eight of fishing. Game fisb. 184 FISH LAWS, Foodfish Lawful manner of fishng for game fish. Fine. Lawful man ner of fish- ing for bait fish. Pine. Lawful Man ner of fish- ing for food fish. 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 ; to wit, all species of minnows, killifishes, and stone catfish. All other species of varieties of fish, what- soever, shall be termed food fish. Section 4. It shall be unlawful to catch or flsh for any game fish, in any part of the Delaware River below Trenton Falls, with any device, or by any 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 tlie custodian thereof. Any person violating any provisions of this section sliall. on conviction thereof, be subject to a fine of twenty dollars. Section 5. It shall be unlawful to fish for bait fish, in the Delaware River 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 five feet square; a minnow trap, the opening of which shall not be more than one and one-qnarter 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 ';ises 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- vection thereof, be subject to a fine of twenty dollare. . Section 6. It shall be unlawful to fish for food fish, in the Delaware River, below Trenton Falls, with any device, method, or means, excepting by the following devices, and under regulations and restric- tions hereinafter described : to wit. a seine, a gill net. an eel pot, a fyke net, each without 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 FISH LAWS. 185 device for catclnng 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 twenty dollars. Fine. Section 7. As amended by the act of June 3. 1911, P. L. 629. Section 7. It shall be unlawful for any person to Sturgeon, 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 Seine or 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, wth a sceine, the meshes of which shall be less than two and one-half inches stretched measure while being fished, or any gill net the meshes of which shall be loss than five and one- quarter inches stretched measure while being fished : Provided, That gill nets, with a mesh not smaller than three *'nches, 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. Other food any food fish, except sturgeon, by means of a sceine fish, or gill net, between the tenth day of June, in each Close sea- and every year, and the first day of March next en- son. suing. Any person who shall violate anj of the pro- Fine and visions of this section shall, on convict on thereof, be forfeiture, 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 Anchored catch and take, or attempt to catch and take, fish of net pro- any kind from the Delaware River bf^low Tronton hibited. Falls, with a net of any character which is anchored or staked or fastened down in any measure. Nor Lawful de- shall any net of any kind or character, excepting a vices, drifting gill net, an eel net, a fyke net, each without wings, or a parallel net for the capture of carp only, be used for the purpose of catching and taking fish in said waters, within one-quarter of a mile above or below the mouth of any river, creek, or stream ^"o^^^ries. emptying into said Delaware River below Trenton 186 FISH LAWS. Fine and forfeiture. Sunday fisli- \ng with nets, pro- bibited. Food fisli. Open season Open season for game flBh. Fines. Bel pots and fyke nets. Close season. Open season for carp, catfish, eels and suckers. ProTlso. River. Any person who shall violate any of the pro- visions of this section shall, on conviction thereof, be subject to a tiue 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. 2W. Section 9. It shall be unlawful for any person to catch and take, or attempt 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 jmeridiau, 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 hun- dred dollars, together witli a forfeiture of all nets, boats, and other appliances used. This act shall take effect immediately, but shaU not be considered as valid or operative until a similar act has been enacted by the State of New Jersey. A simi- lar act was passed by New Jersey, March 21, 1911. Section 10. It shall be lawful to catch food fish, w'th rods and lines and hand-lines and trolling lines, as described in section four of tliis 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 to the first day of December, inclusive, 'n 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, 'n the Delaware River below Trenton Falls, 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, ^n 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 violatingany of the provisions of this section shall, on conviction thereof, FISH LAWS. 187 the shore i^Jih^ "^f ^„!5%ersey and Pennsylvania, the first day o* June and the thirty fist day^^^ gust in «''f/™'^V,f°VL'dav of September to the fhiefiVrdarrMiy':^H"k each year, for- the purpose »« .ta^'f b/uot "ess than -£r.irr=ed;p^^^^^^ ^aX-o^f tt Sr 0-tls f4«V on con S. S^er ^^XaXeeI?ufe «raU°Lran^r„?her '"'^Mraot"dfnll take effect immediately but. shall ^Sortion' in.^^Tt ^.hall ho nrilawful for any person to n-.tch and take, or to attempt to catch and take, from ?he Delaware River below Trenton Falls,. in any man- ner whatever, any striped bass, otherwise kno^n as roJkfisS weighing more than twenty PO-^s or mea« nrine less than ten inches m length ; or any sturgeon, W than five feet in length ; or any black bass, or an^ small month bass, iSrge-mouth bass, otherwise know? as O'wego or yellow bass less than mne inches in length; or any pike or P^^kerel or any pike percn^ othen^ise known as wall-eyed pike oi^ Susquenanna Fine and forfeiture. Parallel net. Close season. Carp only. ProTlso. Proviso. Proviso. Fine and forfeiture. Length and weight of flsh that may be taken. 188 FISH LAWS Proviso. Fishing au- thorities. Fine, Boats, an- chors, and dredges. Unlawful use of. Fine. Explosives, or poisons. Deleterious or destruc- tive sub- stances. Pollution of waters. salmon, loss 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 th.:m twenty pounds, which may be caught must be returned immediately to the water : Provided, That nothing in this section shall be so construed as to pre- vent the fishery authorities of the Commonwealth of Pennsylvania or of the State of New Jersey captur- ing fish of any size, from said waters, or at any time of the year, or n any manner, for propagation pur- pns-^s and for stocking other waters in their respective States, tlirougli their representatives. Any porson who shall violate any of the provisions of this section shall, on conviction thereof, be subject to a fine of ten dol- lars for each and every fish so caught and had in pos-sessfon. Soction 14. It sliall be unlawful for any person, bv boat, anchor, dredge, or otherwiso. in the Delaware River below Trenton Falls, to wilfully, and without reasonable cause, interfere with, bmak, damage, or df^stroy any drifting gill not or haulmg seine, or nets of anv descripton, being lawfully used ; .'^nd it shall be unlawful for any 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- >nV;om, of this seetion shnl^ ou eonviction thereof, be subiect to a fine of twenty dollars. S?r>otiou 15. It shall h<^ unlawful for any p^»'son to put or place in the Delaware River below Trenton Falls any explosive or poisonous substances what- soever, 01^ any drug, or any poison bait, for the pur- pose of catchinc:. takinsr. killing, or injuring the fish ; or to allow any dye-stuff, eoal or gas tar. coal oil. sawdust, tan-bark, cocculus indicus (otherwise known as fish berries) , lime, vitrol. or any of the compounds thereof, refuse from gas-houses, oil-tanks or vessels, or any deleterious, destructive, or poisonous substances of any k^'nd or character, to be turned into, or allowed to run, flow, wash, or be emptied into, any of the w\atf^rs 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 ease of the pollution of waters by sub- FISH LAWS 189 stances 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 fino of two hundred dollars. Section 16. It shall be unlawful to purchase, sell, or offer for sale, or have in possession, any fresh dead 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 tlio provisions of this soction shall, on conviction thereof, be subject 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 tlr's 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 person in either State authorized to make arrests for violations of the fish laws shall have power and authority to m.ake 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 the 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 justice of the 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- ties, provided in this act for such violations, together with the cost of suit ; said fines to be paid over forth- with to the treasurer of the county in which the pro- Fine. Unlawful, sale, offer, or Posses- sion. Fine. Concurrent jurisdiction. Arrests. Charge. 190 FISH LAWS. Proviso. Appeal. PrOTlBO. Bnnday arrest*. Interference with officers Fines. Repeals. sedition was brought, and said county treasurer to pay over the sum forthwith to the Cojmmissioner of Fisheries for the benefit of the Commonwealth : Pro- vided, That in ca>se the defendant or defendants shall neglect to pay, at once, the fine or fines so imposed, said defendant or defendants shall forthwith be sen- tenced 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 defendants shall be permitted to enter into good and sufficient recognizance to ap- pear 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 of 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 officer and proceeded against on a week day following the arrest. Section 18. Any person or persons 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, 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. FISH LAWS. 191 Proviso. * * * Acts repealed are act of May 22, 1889, part of act of May 22, 1889, act of May 12, 1901, and act of June 25, 1895, * * * Section 20. This act shall take effect immediately ; but no section, proviso, or part of this act shall be When act considered as valid and operative until a similar act i^to^ effect, 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. 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. 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 Governor 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. DELAWARE RIVER ABOVE TRENTON FALLS. An act to encourage the propagation of fish, and to regulate the catching, taking and destruction of i^^^, May 8 fish, in the Delaware River above Trenton Falls, ^- •''• *°^' within the jurisdiction respectively of the Common- wealth of Pennsylvania and of the State of New Jersey; and providing penalties for violation of its provisions, and to repeal acts inconsistent there- with, -^j Section 1. Be it enacted, &c. , That the provisions of this act shall affect and apply only to the pro- Beia. Rirer pagation, catching, taking, and protection and de- abore struction, of fish in the waters of the Delaware 'J'renton River above Trenton Falls, lying between the Com- ^^"■• monwealth of Pennsylvania and the State of New Jersey. 192 FISH LAWS Right of fishery Game flsh. Baltfish Food fish. Lawful man- ner of fish- ing for gam« fish. Fine. Lawful man- ner of fish- ing for bait ftsh- Section 2, The inhabitants of the Commonwealth of I*onnsylvania 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, between said States, above Trenton Falls, except so far as either State may have heretofore granted valid and subsist- ing private right of fishery. Section 3. For the purpose of this act, the follow- ing 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 rod-eye or goggle-e.ve ; white bass, crappie ; pike-perch, other- wise called wall-eyed pike, Susquehanna salmon ; pike, pickerel, white perch, yellow perch; charr; commonly called brook or speckled trout ; or any form of trout. The following shall be designated as 'bait fish ; to wit. All species of minnows, killifishes, and stone catfish. All other species or var'eties of fish, whatsoever, shall 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 I'renton 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. 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 person fislu'ng 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 fish, in the Delaware River above Trenton Falls, except with the following de\nces : 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 feet square; a minnow trap, the opening of which shall not be more than one and one-quarter inches in FISH LAWS. 198 diameter; ^ scoop net, with single handle, and with a diameter of net not more than two feet. Any per- son who uses any other device, method, or meaiis for catching bait fish, other than those specified in this section, shall, on conviction thereof, be subject to a fine of twenty dollars. Section 6. It shall be unlawful to fish for food fish, in the Delaware River above Trenton Falls, with any device, method, or means excepting by the follow ng devices, and under regulations and re- strictions hereinafter dosoribod : to wit, a seine, an eel pot, or a fyke not, each without wings ; and rods and lines, or hand-lines, otherwise known as dipsey 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 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 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 beling fished ; or to catch and take or attetnpt to catch and take^ any other food fish from said waters with a seine the meshes of whVh 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 fake, or to attempt to catch and take, any food fish, except sturgeon, by means of a seine, between the tenth day of .Tune, in each and every year, and the first day of March next ensuing. Any person who shall violate any of the prqvisions of this section shnll. on crn^nVtion th^n>of be subject to a fine of one hundred ($100) dollars, together with a f'>rfeiture 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 fif?h of nnv kind, from the D^lnware Rivor a>>ovo Trenton Falls- with a net of any character, which 13 Fine. Lawful auw- Der ot Aah- Ing for food fish. Sturgeon. Seine. Other food fish. Close season. Fines and forfeitures. Anchored ox Btaked net prohibited. 194 FISH LAWS. Eel pots and fyke nc'ta. Tributaries. Fiues and xorfeitures. Fisiiing by use of uet proiiibitod, witliiu cer- tain liours. Fine and forfeiture. F(kkI fisli. open season. Open season for game flsh. l^el pots and fyke nets ; close seaaon. is anchored or staked or fastened down in any man- ner, permanently or otherwise, or to use any net so anchored or fastened down, .n 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 nioutli of aiiy ii\( r, creek oi" 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 appl ances used. Section 9. As amended by the act of June 3, 1911, P. L. (>37. 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 I)ost meridian and twelve o'clock midnight Sunday n' ght, in each week. Any person violating any of the provisions of this section shall, on conviction thereof, bo subject to a fine of one hundred dollars, togf'ther with a forfeiture of all nets, boats, and other appliances used. This act sliall take effect immediately, but shall not beconsidered as val d or operative until a similar act has been enaetod by the State of New .Tersey. A similar act passcnl by New .Jersey, May 1, 1911. Section 10. It shafl \^o lawful to catch food fish, with rods and lines, and hanfl-lines, and troll ing- lines, as described in section four of this act, at finy time of 'the year, in the T)(>laware 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 sction shall, on eou'-iction thereof, bo subject to a fine of ten (.$10) dollars for each and every fish so taken. Sopt-ion 11. It sh;'ll bo unlawful to use oo] pots and fyke nets, each without wings, in the Delaware River above Trtnton Falls, from .rune first to July first in each year, both dates inclusive; but it shall FISH liAWS. 196 be lawful to use eel pots and fyke nets, each without wings, from July first to May thirty-first, both dates inclusi\e, n 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 tJiirty inches. Any person vi(5lnting any of 5ance to apponr b'^fore 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 determinaton of such appeal if it bo not sustained for execution of sentence : Provided also, Tliat all actions for .any \nolation of any of the nro\'isions of this act must be tak^n within one y^ar from the time the offense was committed ; and. when n^c^ssary to properly conduct any case before any alderiman, justice of the peace, magistrate, or any court, the Commissioner of Fisheries is authorized to employ legal counsel. Approved— The 29th dav of May, A. D. 1917. MARTIN D. BRUMBAUGH. Act of July 28th, 1917. P. L.. ]215. Fish law of 1917. INLAND WATERS FISH CODE. An act to revise, amend, and consolidate the law re- lating to fish, and providing penalties. Section 1. Be it enacted, etc., That: — ARTICLE 1. 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. FISH lAWS. 206 Section 3. The term "person," except where the "PerBou"d»- context otherwise indicates means a person, fii-m, as- fi^^* sociation, or corporation. Singular number includes the plural. Masculine gender includes the feminine. Section 4. The term "game-fish," as used in this "G-ame Fish" act, means the following fish tCharr, commonly called 'ieftned. brook trout ; all species of trout and of the sfilmon family ; blue pike ; pike-perch, otherwise known as Susquehaima salmon, or wall-cyod pike; ])ickorol ; 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 ;n this "Bait Fish" act. means tho following fish : All forms of minnows, defined, all forms of kiHi-fishes, and stone catfish. Section 6. The tf^rm "food-fish." as usf'd in this ««pood fish" act. means all species or varieties of fish whatsoever defined, in the waters within this Commonwealth, not "game fish" or "bait-fish," ARTICLE II. Sunday Fishing Prohibited. Section 10. It is unlawful to fish for any species g^nday flabr of fish, or with any device, on the first day of the ing illegal, week, commonly called Sunday. Any person violating any of the prov'sions of this section shall, on convic- tion, as provided in Article thirteen of this act, be penalty, subject to a penalty of twenty-five dollars. ARTICLE III. Closed Season. Section 15, as amended by the act of July 9th, 1919, close P. L. 799. seaBons. Section 15. The following closed seasons are hereby established for: — (a) Charr, commonly called brook trout, or any species of trout except lake or salmon trout, from the ^J? ** first day of August to the fourteenth day of April next 206 FISH LAWS. Lake trout. nke-perch, or Susque- hanna sal- mon. Pickerel. Museallonge or western pike. Penalty. Legal posses- bi..i.. Bettom of fisb un- injured to ■water when caught contrary to UW. Siz« of flBh. following, both dates inclusive ; (b) Lake trout or salmon trout, from the thirtieth day of September to the thirtieth day of June next following, both dates inclusive ; (c) Small and large mouth bass, rock-bass, white bass, crappie, strawberry, or calico bass, from the thirty-first day of December to the thirtieth day of June next following, both dntes inclusive ; (d) Pike-perch, otherwise called wall-eyed pike or Susquehanna salmon, from the thirty-first day of De- cember to the thirtieth day of June next following, both dates inclusive ; (e) Pickerel, from the thirty-first day of December to the thirtieth day of June next following, both dates inclusive : • (f) Muscalonge or western pike, from the thirty- first day of December to the thirtieth day of June next following, both days inclusive. Section 16. No person shall have in his possession, except as in this Article otherwise provided, any of the 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 sentencefi to pay a fine of ten dollars for each fish so taken, caught, or had in possession. Section 17. Charr, commonly called brook trout, or any species of trout, except Inke tmut and large or small mouth bass, caught during the lawful season respectively provided therefor, may be kept in posses- sion six davs after the expiration of such season. Section 18. The provisions of section sixteen of this act do not apply to a person who, having caught any fish during the closed season respect' vely provided thorpfor. immodiately returns such fi«:h. in the con- dition in which it was captured, to the water from which it was t'^iken. Section 19. Tlie provisions of this article do not apply to fish artifically propagated under the author- ity of Article eight of this act. ARTICLE IV. S'7:e of Fish That May Be Causrht. St^ction 25, as amended by the act of July 9th, 1919 P. L. 799, and the act of May 21st» 1921, P. L.-- FISH LAWS, 207 Section 25. No person shall have in possession, except as in tliis article othoinvise provided, any (a) Charr commonly called brook trout, or any species of trout except lake trout, less than six inches in length. (b) White bass, rock bass, crappie, strawberry, or calico bass, less than six inches in length ; ^c) Black bass, or small mouth bass, or large mouth bass, otherwise called Oswago, green or yellow bass, less than nine inches in length ; (d) Pike-perch, otherwise called wall-ey.ed pike or Susquehanna salmon, less than twelve inches in length ; (e) Pickerel, less than twelve inches in length ; (f) Muscallonge or western pike, less than twenty- four in dies in length. Section 26. Any person violating the provisions of sicction tAventy-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 which it was taken. Section 28. The provisions of this Article do not apply to fish nrtifically propagated under the authority of Article eight of this act. ARTICLE V. Charr or trout. White bass, rock bass, crappie, etc.< Pike-Perch. Pickerel . Muscallonge. Violation. Penalty. Rptnrn ol. fish to water unin- jured. Fish arti- ficially pro- pagated. Number of Fish Which May Be Caught. Section 35. No person, except as "n this Article Number of otherwise provided, shall, in any one day, catch, kill, fish that or have in possession more than the number of fish taken. ^ hereby designated for the respective species ; that is to say, — (a) Charr, or trout, of the combined species, twenty- charr or five ; trout. (b) White bass, rock bass, crappie, strawberry, or wiiite bass, calico bass, twenty-five ; rock bass, (c) Small or large mouth bass, twelve ; ®*°' 208 FISH LAWS. Pike rerch or Snsque- hanra sal- mon. Plfkcrpl. Mtisoallonge. Tellow perch. Snnflsh. VloUtlon. Penalty. Computation of number. riMh artUi- dally propa- gated. FMilng de- Tloea. G«Me HA. Bait tUk. Violation. (d) Pike-perch, otherwise called wall-eyed pike, or Susquehanna salmon, twenty-five ; (e) Pickerel, twenty-five; (f) Muscallonge or western pike, four? (ff) Yellow perch, fifty ; (h) Sunfish, 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 ten dollars for each fish taken, caught, or had iiji 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 tliey were caught, to the waters from which they were taken, shall be ommitted. Section 38. The provisions of this Article do not apply. to fish artificially propogated under the author- ity of Article eight of tliis act. ABTICLE VI. Fishing Devices. As amended by act of .Tuly 9th, 1919, P. L. 799. Sectron 45. No person shall use any device, means, or method whatsoever, except as in tiiis article other- wise pj'ovided, for taking fish from the wate** 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) Pood-fish, rods and lines, or one hand 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. Soction 46. Any pei^son violating the provisions of section forty-five of this act is guilty of a misde- meanor, and, on conviction as provided in article FISH LAWS. 209 thirteen, shall be sentenced to pay a fine of twenty dollars, and shall forfeit to the Department of Fish- eries all devices unlawfully used. Section 47. The provisions of this article do not prohibit the use of a gaff or landing net, to assist in landing fish already caught by a lawful device. Section 48. The provisions of this article do not apply to fish artificially propagated under the author- ity of article eight of this act. Section 49. The provisions of this article do not fiPP.ly to fish caught by a seine or net for which a license is ohtained under the provisions of article seven of this act. Section 50. The provisions of this article do not apply to fish caught by a device for which a perpnit is obtained under the provisions of article twelve, sec- tion one hundred and twenty of this act. ARTICLE VII. Seine Licenses. Section 55. The Department of Fisheries is author- ized to issue a "Seine License," upon a written ap- plication therefor signed by the applicant, and upon the payment to said Department of the sum of two dollars . Section 56, as amended by act of JuW 9th, 1919, P. L. 799. Section 56. No seine or net shall be licensed for use except a haul seine, sometimes called a shore seine ; a dip-net, or a hold-in net, sometimes called a moon rake. The meshes 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-quarter inches from knot to knot, while being fished . Section 57. The license certificates thall 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 seine licenses shall expire on the twenty-first day of June next following the date of issue. Such certificate shall be shown by the licensee Penalty. Legal use of pa ff or liinding net. Fish artlfl- cially propa- gated. Fish taken by seiae: Fish taken by permit. Seine llcenM Fee. Selne.dlp- net , hold-In net, etc., Size of mesh. Form and contents of license. Ibcplratlon ef license. 14 210 FISH LAWS. Display of license. Kinds of fish ttint may be taken un- der license. Period when use of li- cense ia per- mitted. Waters wlierein li- censed seine or net may be used. Illegal use of s^'iue or net. Taking of fislx other than those permitted, illegal. No violation when fisli an immediately i returned im- injured. Use of un- lic(>nsod soiiio ov net. nn lawful. UnlnAvful re- moval of fish from licensed sei- ne or net. to nny lisli-warilen, eoustablo, or other person author- ized to make arrests for viohition of any provisions of the laws of this Commonwealth relating to fish. Section 58. A "Seine License" issued under thi» article authorizes the licensee to tish, with tlie licenced seine or net, for shad, herring, or alewife, catfish^ suckers, eels, and carp, from the first day of March to the twentietli 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 tlie limit* of the tide-water of any tidal waters of this Comuion- wealth, and in ho other w'aters of this Commonwealth whatsoever. Section 59. No person shall fish with a seine or net in any waters of this Commonwealth, except tlie Sus- quehanna River from McCaJl'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 withhi the limits of the tidal waters of a tidal stream of this Commonwealth, except from the first day of March to tlie 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 tlie waters of the Sus- quclianiia River from IMcCall's Ferry ^;7'j^urpose, or had in time, in any mannerjn- foi any i i ^^^.^^^^^^^ ^^ possession or under control or nave ^^^.^ ^^^^ _ Ibout to be shipped, contuiry to the a ^^^^^^ ^^ .^ taonwealth ; fish so soiz«hI shall » ^ ^^. ^.^.^t ; Tanner as the Comn^issioner of Fish^^n.^^ .^y^^^ ^^^_ (g) To enter upon any lana oi ^^'h) To demand" nd' secure proper assistance in ease "^i^Tf"puvcbase flsh tor the purpose o£ securing evidence. ^^ j^n shall Icoop a record Secuon 128 Ef""^,; ts, „nd expenditures; and of his official acts, ^^"j ' ' „ „alte a summary of 8h„Jl at the dose °'^J«JjS information as.mny be such record, with &uc_n <"^t'' "-" , y^^ required by, necessary for "'« >"f",™?''"%nch summary shail be the Department of f '^''^^^-^it't.aX The chief immediately -"^J\X^ Commissioner of Fisheries warden shall report w ^''\ ^i „ ..„,,^ of {^v of any nc-sligenee or ^"^^^X^^^^.^/Aang thereto. The the fish-wardens, with t^^ ta^ts mat s (.^^^i^. -b-^ TrTshS ^Mr^ope-t^on'^iuHn. the precod- fiioner of i^ i^"f ^\^S'i, \r^,.o «noh other reports as maj ing month, and f?,fcC^^^sSoneroT Fisheries. The l,e require_(l by the Comm^^«ion ^ writing, the chief warden ^\^^l^^.^f""^S7,2;rdinatos during the operations ^^^iV.^^^'Visherv Commission, year to the Boaid of ^'^^^r- of Fisheries, on Section ^29. The Commissiont ^^ ^^^^ written application of ^ pr^^^P^riy « - application of tective association, or .«" ^^^^^-^^^^^^^ l^.^^ng waters, any association ^^^m^^^^i^^^^^S flsh^^^ for the may appoint one ^^^^i^^^^.^^^^^^^ is made. The Com- ^"^•''^;\T'Ftshe^ries^mn"^^^ «P-inl fish-war- fmissioner of insneri* h m^ i p ^^nwcalth. All this section, niay exerciM. l i succeed- ^^"V'hrd ,t* of thel; m ,,;:r,rtm'nt"-Ld no longer ;Splcial fish-wardens shall haye the same powers and 221 Record and report of wardens. Warden. Roport of Chief Appointment of Special Fish War- dens. Expiration. rowers. 222 FISH LAWS. Not entitled to remuner- ation. Exception. Compensation Issuance of bulletins. Annual report of Commis- sioner. Provisions independent of each other. Enforcement and pro- cedure. Destruction of illegal devices. Arrests. Arrest and tearing. shall make tlie same reports as is conferred on and required from other flsh-wardens. Section 130. A special fish-warden shall not be entitled to any salary, compensation, or expenses for his services, from the Commonwealth, unless such special fish-warden shall be detailed, by writing, for duty by tlie 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 flsh-wardens. , Sectin 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 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 n 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: Cr minal 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 authori^jed and required to proceed, with such force of the county as may be necessary, to destroy fny 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, with 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 apprehend and arrest, and mmediately take any person guilty of any violation of this act before FISH LAWS. 223 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 case 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 illegaly used for the catching of fish within its jurisdiction, after being notified in writ- ing of the existance of such illf^gnlly 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 dollars. Section 145. Any person who shall, by threat, menace, or force, or in any mannor, 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, theroof as provided herein, h( 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 r,ets, or the possession of or operation of any other r^cvice herein prohibited, shall be prima facie f vidence r.f the violation of this act. Section 147. Any aMerman, magistrate, or justice of the peace, upon information or complaint, made to hfm by aflidavit of one or more persons, charging any person with havmg violated any of the provisions of this act, or any of the rules and regulationts adopted I'ayment of costs. An'ests made on 'Sunday. Refusal or nofvlect to enforce. Penalty. Interference with officers. Penalty. Prima facie t^vidence. Affidavit. 224 FISH LAWS. Warrant Hearing. Sentence. Appeal. Disposition and use of fines, moneys. Separate fund. 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 to be arrested and brought before such aldennau, 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 convicted, such person shall be sen- tenced to pay the fine provided in this act for such violation, togetlier with the costs of suit. The person so con\-ictod 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 such 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, or magistrate, on or before the expiration of five days, if such appeal or 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 140. As amended by the act of July 9th, 191 n. P. L. 799. Section 149. All fines imposed for the violation of any provisions of this act shall be forthwith paid by such alderman, magstrate, or justice of the peace, to the Department of Fisheries, at Hnrrisburg. 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, sepnrnte and apart, to be used solely, under the dirootion of the De- imrtment 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 FISH LAWS. 225 spawn, transffrring fish and the employment of necs- eary 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 erecti on 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 Prosque 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 herenbefore 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 the time of makmg such requt'sition. Secrion 150. As amended by act of July 9th, 1919, Actions P. L. 799. Sect on 150. All actions for violation of any pro- visions of this act shall be taken within one year from the tini'? thp offense is committed. Section 151. All boats and legal devices, used un- lawfnlh and forfeited to the Donnrtment of Fisheries under any of the provisions of this act, shall be sold by the Commissioner of Fisheries, or destroyed by his ordor. All unlawful nets or d^^nces, not presorved for exhibition purposes by the Department of Fish- eries, sh^ll be destroyed by the Commissioner of Fish Pit' es, or by his order. Records shall be made of all such sales or destruction, on the books of the Department. 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, — * * * * Disposition of illegal devices. Record. ConstnictioUi and repeal. Exclusive system for inland waters. 15 226 FISH LAWS. Does not •apply. •General Repeal. Effective Januaiy 1st, 1918. Acts of May 22, 1S89 (P. L. ' 261) ; Act of May 8, 1876, (P. L. 146) ; Act of April 2, 1903, (P. L. 128) ; Act of May 1, 1909, (P. L. 309) ; Act of May 8, 1909, (P. L. 480) ; Act of April 18, 1913, (P. L. 100) ; Act of April 21, 1915, (P. L. 160).* * * * This act does not affect any other statute, now ex- isting or hereafter passed, v/hich relates to the angling or catching of fish in any boundary waters. Soction 153. The act approved * * * May 1st, 1909. (P. L. 353) ; June 3, 1911 (P. L. 650 * * * are hereby repealed. All acts or part of acts ncon- sistent with this act are hereby repealed. The re- peal by this act of any prior act shall not operate to revive any act or part of acts heretofore repealed. This act shall become effective January first, one thousand nine hundred and eighteen. Approved— The 28th day of July, A. D. 1917. MARTIN G. BRUMBAUGH. May 16th, 1919, P. L. 184. Boundary X.ake. Bay. Peninsular waters. BOUNDARY LAKES FISH CODE. An act to revise, amend, and consolidate the law re- lating to fish in certain boundary lakes, bays, and peninsular wat(!rs. Section 1 . Be it enacted, & c, That : — ARTICLE II. Definitions . Section 2. The following terms, when used in this act, are employed, except where the context otherwise indicates, W th the meaning herein respectively as- signed thereto : "Boundary lakes" 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 FISH LAWS, 227 Game fish. Bait fish. Food fish. I'ei'missible methods of fishing. boundary lake as above defined . "Person" means an individual, copartnership, asso- Person. ciation, or corporation. "Game fish" means all species or varieties of black or yellow bass, rock bass, calico bass or strawberry bass, crappie bass, muscallonge, and grass pike. "Bait fish" means minnows and killifishes. "Food fish" means all fish other than game fish and bait fish as above defined. Singular number includes the plural. Masculine gender includes the feminine and neuter. AUTICLE II. Regulatory Provisions Applicable to Boundary Lakes, Bays, and Peninsular Waters. Section 5. Except as hereinafter otherwise specifi- cally provided, no person shall fish for or capture game fish or food fish in boundary 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 hooks attached. (d) Spear, which may be used for catching carp and suckers only. Any person violating any provision of this section 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 sr^me b^ing 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, twelve. (f) Any species of muscallonge, twelve. Section 7. No person shall catch, take, or have in possession, the same being killed, any game fish, from the first day of November to the thirtieth day of May next ensuing, both dates inclusive. Number of fish which may be caught . Permissible time for fishing. 228 FISH LAWS. renalty. Pollution of water. Penalty. Tlnpermis- «ible methods •of fishing. Penalty. "Fse of fish for fertil- izers. Penalty. Sturgeon. Section 8. Any person violating the provisions of sections six or seven of this act shall, on conviction, be sul\ject 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 bo impr* soncd in the county jail for the period of one day for each dol- lar of fine imposed. Section 9. No person shall cause or allow any dead fish, fish offal, contents of tannery vats, planing mill sliavings, dyestuffs, coal — or gas tar, coal oil, sawdust, tan bark, cocculus indicus (otherwise known as fish berries). I me, vitriol, or any of the compounds thereof, refuse from gas houses, oil tanks, pipes, or vessels, or any drleterious, destructive, or poisonous substances of any kind or character, to be tui'nod into, or allowed to run. flow, wash, or be emptied into, any boundary lakes, bays, or peninsula waters. Any person violating the provisions of this section shall, on convection, be subioct to n ponnitv of one hundred dollars, or to undergo imprisonment in the county jail for s^'x months, or both . Section 10. No persons shall fish in any boundaVy Inke. b;iy, or p'Mv'nsulnr wat^^rs. wHh ol-^r^^r^'^i''^'. ouir>k- lime, or any kind of explosive, drug, or poisonous sub- stance. No persons shall place any such substance in such waters, except for engineer, ng purposes and after writ- ten permission has been obtained from the proper national. State, or local authorities. Any person violating anv provision of this section shall, on con^action, be subject to a penalty of one hundred dolhu's, or to undergo an imprisonment n the county jail for a period of six months, or both. Section 11. Except b.y and with the consent of the Commissioner of Fisheries, no person shall catch, sell, or mako use of any game fish or food fish or minor food fish for the purpose of making composts or other fertilizing mfxture. 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 m pos- FISH LAWS, 229 session the carcass or flesh of any sturgeon under the ''"C stu"g?cJn-of less than the said, length of four feet whfch may bo captured, must be immediately re- turn eTl to the waters from which taken and in such a manner as to cause to the fish so returned the least ^' Any %1'r/ Violating any provision of this s^tion shairbe subject, for each sturgeon illegally captured ami 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 ^^J"^^: . Pules and Spotion 13 The Commissioner of Fisheries may regulations, make such rules and regulations applicable to any peninsula on which is located any peninsular waters. L hereinbefore defined, as he may cleem necessar for tho protoctiop of fish in ^noh p^^iinsnlnr xx ntois, or for the protection of any fish hatchery located on such Deninsula. Such rules and regulntions shall be posted in not less than five conspicuous places on such penin- sula Any person violating any such rules or rogula- tion shnll," on conviction, be subject to a penalty or fifty dollars. ARTICLE III. Regulatory Provisions Applicable Exclusively to Bays and Peninsular Waters. Section 20 The Commssioner of Fisheries is here- Minnow nets, by empowered to authorize the use of minnow nets for angling or scientific purposes in any bay or penin- sular water. . „. , . Section 21. The Commissioner of Fisheries or any Nets. representative of the Department of Fisheries may, for the purpose of stocking the wafers or for the pur- pose of taking spawn, catch fish w th nets m such waters at any time of the year. ^ ^. , . ^ ^ . Section 22. The Department of Fisheries may re- Injurious move by means of nets, by contract or otherwise, any flat- fish which it may deem injurious to other fish. ARTirTF TV Regulatory Provisions Applicable Exclusively to Boundary Lakes. Section 25. The Department of Fisheries is hereby Licenses for authorized to issue a fishing license upon written devices. 230 FISH LAWS. Boats. Traps and devices. ReTOcation of license. renally. Forfeitures. Ck»mity. Gill nets. application therefor signed by the applicant, upon payment of the Lcense fee herein prescribed for the respective fishing devices ; that is to say, for each . (a) Row or sail boat used vn fishing with gill nets, ten dollars. (b) Boat, other than a row or sail boat under ten 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, not less than one dollar nor more than ten dollars, to be determined and fixed by the Commissioner of Fish- eries. The Commissioner of Fisheries may revoke any lcense for violation of any provision of this act or for violation of any conditions in which the license was granted . Any person operating, or employing others to operate, any boat, net, or device, w^ithout being licensed as hereinbefore provided, shall, on conviction, be sub- ject to a penalty of fifty dollars, or, in default of pay- ment, be mprisoned in the county jail for a period of one day for each dollar of fine. All fish caught with such unlicensed devices shall be forfeited to the De- partment of Fisheries. All unlicensed devices used in violnti( ns of the provisions of tliis act shall be forfeited to the Department of Fisheries. Section 26. No license shall be issued except upon the condition that the operator of any boat so licensed shall pei-mit a person designated by the Commissioner of Fisheries to accompany such boat, at any time when it is engaged 'n fishing, for the purpose of secur- ing for the use of the Department of Fisheries, from the fish so caught, so much of their spawn as the dc- pari^mont may desire. , Section 27. No license shall 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. FISH LAWS. 231 Gill nets used in fishing for trout may be licensed, which have meshes of at least five and one-half inches in size, stretched mesh fishing measure. No pound nets shall be licensed other than pound Pound nets, nets the cribs of which shall have a mesh of not less than two and one-half inches, stretched mesh fishing measure. No trap nets shall be licensed other than trap nets ^^^P ^^"• of which shall have a mesh of not less than two and one-half inches, stretched mesh fish.ng measure. Section 29. Licenses issued under the authority of ^^J^^ii^en^e this article shall be good for the calendar year in which issued. Such licenses shall be carried by the operator of any boat, net, or device, for which issued, and shall be shown on demand to any fish warden, constable, deputy sheriff, fish commissioner, or any authorized representative of the Department of Fish- eries . Any person refusing to exhibit his license on de- Fochibition mand as aforesaid, shall be subject to a penalty of five licenses. dollars, or, in default of payment, be imprisoned in the county jail for one day for each dollar of fine. Section 30. No net, except a sill or a net fastened Permissible to and supported by poles driven in the ground and for^n^ets^ known as a pound net, shall be set, fastened, drawn, or used, within sixteen miles from the entrance to any bay, nor within one-half mile from any stream, measured in a direct line. No gill net or pound net shall be set, fastened, drawn, or used, within two nt les of the entrance to any bay. No net of any character shall be set, fastened, drawn, or used, within three-fourths of a mile from shore measured in a direct line. A person violating any provision of this section Penalty, shall be subject to a penalty of one hundred dollars, or imprisonment 'n the county jail for a period of three months. „ Section 31. No nets, except gill nets and pound tach^ to" nets, shall be set, fixed, or fastened, without having nets, 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 . 232 FISH LAWS. Penalty. f?,emoviiig fish from devices of others. Penalty. Fish which may be caught by use of devices. Penalty. Minnow nets. A person violating any p^o^dsion of this section shall on conviction, be subject to a penalty of twenty- five dollars and the confiscation of the net. Any net required to be buoyed which is found in the water w-tnout buoy as above provided, and the owner can- not be located shall be confiscated to the Department of Fisheries. » Section 32. No person, except the owners thereof or their representatives, shall remove or take fish from any device licensed under, and operated 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 tlie total amount of fines shall not exceed one hundred dol- lars for fish taken at any one time. In default c,f 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 wh. ch 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 device 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, 'fd) Ciscos not less than six ounces in weight in the roTind . (e) White fish not less than one and three-fourths pounds in weight in the round. Any person violating the provisions of this section shnll bo subject to n pennltv of ten dollars for each fish so taken or had in possession. Tlie 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 Commissioner of Fisheries 's here- by empowered to authorize the use of minnow nets for angling or for scientific purposes. FISH LAWS. 233 Seizure of devices. Arrest of Offenders. Trial. Section 35. The Commissioner of Fisheries may ^f^f^^^^ make such dules and regulations applicable to any Smndary lake, as hereinbefore defined, as he may deem necessary for the protection of fish in such waters. ARTICLE V. Provisions Relating to the Enforcement of the Act and the Disposition of Fines. ^PPtion 40 Any fish commissioner, fish warden, spfdS warden. L^ constable, or any sped^ officer or any peace officer in this Commonwealth, s hereby authorized and required to proceed, with such force of the county L may be necessary, to sei^ any device for catchiSg fish used contrary to, or prohibited by, this act Such ofP.cers are required to arrest, with or ^thout warrant, any person owning, Placmg, or using such device, or violating any provisions of this act. Section 41. Such officers are authorized and re- quired to apprehend and arrest, and mmediately take Iny person guilty of any violation of this act before III alderman, magistrate, or justice ^^ the peace who shall forthwith hear and determine such charge in the " Secdon'l' Yn tase-of any fish commissioner, fish warden? or any other officer hereinafter named, fails t^ prov^ his case and the defendant is discharged or in case the defendant is convicted and sent to jail in ifeu of the payment of fine, the county in which the case is heard shall pay the costs. o„„^o^ Section 43. Such arrests may be made on bunclay or any legal holiday; in wbch case the person so arrested shall be taken before the proper of^cer and proceeded against on the first lawful day following ^^Se^cdon"44. Any sheriff, deputy sheriff, constable, special officer, or other peace officer of this Cornmon- wealth, refusing or neglecting to proceed, with such fTrce of the county, forthwith to romcve and dostroy any existing device' illegally used for the catclimg of fish within its jurisdiction, after being notified m writing 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 withm the Commonwealth of which he shall be cognizant. Costs. arrest may be made. Officers' failure to I'erform duty. 234 FISH LAWS. Penalty. Threat or Menaces to officers. Bridence. Warrants. Summary conviction . Disposition and use of license fees. 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 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 of 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 death of any particular fish. Section 47. Any alderman, magistrate, or justice of the peace, upon information or complaint, made tp him by affidavit of one or more persons, charging any person with having violated any of the provisions of this act, or any of the rules and regulatins 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 to 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 48. 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. 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 aiid apart, to be used solely under the direction of the Department of Fisheries for the purpose of the payment of the FISH LAWS. 235 «nlaries of the CommisMoner of Fisheries, clerks, ^fpno'raXrs fish wardens; traveling expenses; f^ns^'el feercourtexpenses; and contingent expenses ; 4-^ f^ fioh hnfpheries: for tiela woik, gdineniit. snawn transferring Ash! and the employment of nec- essary labor and \he purchase of necessary imple. ments therefor; for the purchase of necessary land oTd water supplies to the State fish hatcheries ; for the nurchase and erection of buildings, ponds, and other e^tenSons? incidental to State fish hatcheries ; for he maintenance and operation of a boat on Lake Eiie, Td the cruiser Anna at Torresdale on the Delaware Ri?er 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 time arfheSby specifically appropriated to the Departn^^^^^^ of Fisheries, and may be expended for the Purpo..es hereinbefore' enumerated. The Auditor Gonera^^haU upon requisition from time to time of the Commis sioner of Fisheries, draw his warrant on the State T°-Sasu?er for the amount specified in such reqms.tion norexce/ding, however, the amount m such fund at flip time of making such requisition. Seidon 4^ All actions for violation of any pro- i^m^tation visions of this act shall be taken within one year from of actions, thp time the offense is committed. Section 50. All boats and legal devices used un- Dis^sitioL. lawfully and forfeited to the Department of Fisheries .^JJ.-^*^^ under any of the provisions of this act. shall be sold ^le^jees. bv 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 hi^ order. Pvecords shall be made of all such sales or destruction on the books of the department. ARTICLE VI. Construction and Repeal. Section 60. The provisions of this act are sever- construction, able, and if any of the provisions shall be held to be 236 FISH LAWS. Act of April 6, 1917 (P. L. 50), not affected. unconstitutional, such decisions shall not affect the validity of any of the remaining provisions of this act. This act is intended as a complete and exclusive sys- t(nn for the protection and propagation of fish in boundary lakes, bays, and peninsular waters, as here- inbefore defined. Nothing in this act shall be construed to affect in any way the provisions of this act, approved April fifth, one thousand nine hundred and seventeen, en- titled "An act prescribing a closed season for sturgeon in tlie waters of Lake Erie, under the jurisdiction of this Commonwealth, on the condition that certain losislation shall be adopted by certain States of the United States and by the Province of Ontario of the Dominion of Canada." Section 61. * * * Act of May 5th, 1911, (P. L. 164), and act of April 18th, 1913, (P. L. 100) * * * 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 of acts shall not operate to revive any act or parts of acta heretofore repealed. Approved — The 16th day of May, A. D. 1919. WM. C. SPROUL. Jtme 7th, 1919, P. L. 436. Sturgeon or mamose. Delaware Bay and River. Closed season. Misdemeanor. STURGEON CLOSED SEASON. An act providing a closed season on sturgeon or mam- ose in the Delaware River and Bay and tributaries thereof upon the passage of similar legislation by certain States. Section 1. Be it enacted, &c., That hereafter it shall not be lawful for any person or persons to take, catch, kill, or have in possession any sturgeon or mamose, taken, caught, or killed in the Deleware Bay and River 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 this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, FISH LAWS. 237 shall be punished by a fine of five hundred dollars, or be imprisoned not over thirty days, or both, at the dis- Penalty. cretion of the court. Section 2. Tliis act shall take effect and be in force when only when similar acts have been passed by the Legis- effective, laturcs of the States of New Jersey and Delaware- Approved— The 7th day of June, A. D. 1919. WM. C. SPROUL. NOTE : — New Jersey has a similar law but Delaware has not. NON-RESIDENT FISH LICENSE LAW. An act for the better protection of fish ; requiring juiy sth, citizens of the United States residing without this 1919, P.' L. Commonwealth 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- Non-resirient sons," as used in this act, except where the context fisherman's otherwise indicates, means citizens of the United license act. States, not citizens of Pennsylvania, without regard to age. The masculine gender includes the feminine, Definitions, and the single number Includes the plural. Section 2. The provisions of this act are severable, constructions and 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 as hereinafter pro- Non-resident vided, shall angle or fish at any time in any of the fishermen waters of this Commonwealth or in the water bound- ^cense^^^ ing or adjacent thereto witliout having first secured a license as hereinafter provided. Section 4. Citizens of the United States who are issuance of not citizens of the State of Pennsylvania shall be en- license, titled upon written or oral application, to receive from any county treasurer or justice of the peace qualified as hereinafter provided, or from the Commis- sioner of E^sheries, hlg oflScers, or agents, a "non- 238 FISH LAWS. Fees. Form of license. Contents. Duration of license. Record of licenses issued by county treasurer. Issuance of licenses by justice. Fee of justice. Report of justice to cfunty treas- urer. 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 prepared and supplied by the Commissioner of Fish- eries at the expense of the Commonwealth. The li- cense shall show the name, age, occupation, and resi- dence of the licensee, and tlie date of its issue. It shall also contain the signature of the license 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 there- on. The license shall become viod upon the thirty- first day of December next following tlie date of issue. The license may contain such other information as the Commissioner of Fisheries may require. Section 6. Every county treasurer of this Com- monwealth sliall 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- monwenlth 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 has quali- fied therefor by having applied to the county treasurer of tlio 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 pnymejit of fifteen cents to said justice by said license in addition to the license fee hereinbefore pro- vided ; said sum of fifteen cents to be retained by said justice of the peace 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- FISH LAWS. 23» port and renuttanee shall be made by -eh justo of S^Iffucrnsfb/ Mm 'upon 'such report and remitt- of saicl license oy It- ^^ ^ ^^^^^^ of and sued from his office e^^^/^ /I f he^^all ^^^.^^ upon his record thejiame or tue j ^^^^ ^^^ ^^^.^^^ ^^ license. Every, justice of the P^^^^ ;"^, i^^p^ops to- license books hook or books from which he has issued licenses to _^^^^ ^^^^^^ ^ booli or poo^?^ ^''i y^ thereon properly filled out ana ^^ ^^ ^reas- ■ in°- the month of January of each year. ^^ qprition 8 Every county treasurer of th^ (-om j ^^^^^_ Section »• f^]^e;y ^^ 1, foi-ward to the Coramis- ^,^1- to Conx- monwealth shall eacn wet^. licenses missioner of sioner of Fisheries a complete list or uie Fisheries. irK^s svzs^ hf r^^f i— of '^'i;S''V'irun1;''uSrr"Zr collect for Co,™..^t.e.. services" rendeitd under\his act the sum of t™ c«nte. The paid by the applicant for a l^»Be /U been e ^_ ^ fees, except said treasurer s fees Paia to a i- -^ „„ense tecs treasurer under this act, shall be by such treasurer ^^ ^^^^ treasmer uuu T.„j,sury at least once a month, Treasury ty ?: be app ed to the pm-poLs hereinafter provided^ county .re.s- Such county treasurer shall make a return to the ^r- %mI Treasurer upon a form to be supplied by the l^miS Of F?sher^ ^^^^^ ,^ Ttfof ;^ul?e^porrt;V;^ComTs^s^^^^^ Fisheries ^^ ""S^cYion^lO^' No person shall angle or fish unless Ind'i^o'xSLjs- the'ncensehereinbef'ore provided be at - , ti^e con^ s^one^r^^of tinuously kept about the person ^^^.^^^^^^^^^fg^g^ioner Lic«^«« ^^ exhibited upon the request of any fish commissioner, ^^^ fish warden! sheriff, constable, or other officer of the about^person "^TeTio^Tr'No person shall alter, loan, or trans- Alterf tan <.r fe?\ny license authorized by this act no- g^- a^J. Sc" '* false or misleading information to the ^o^^t^ tf eas urer or justice of the peace or to the Commissioner of Fisheries, his officers or agents in the application therefor. 240 FISH LAWS, Violations. Penalty. Forfeiture ol ■"license. Failure to pay fine and •costs. Penally. •Jarisdlctlon. Procedxire. Oomplaint. Warrant. Hearing. Sentence. Forwarding fines to com* snissioner of Fisheries. Section 12. Any person violating any provision of this act, shall, on conviction, be sentenced for each offense to pay a fine of twenty-five dollars, together wtth the costs of prosecution. In addition to such penalty, the license of any person convicted or sign- ing an acknowledgement as hereinafter provided shall be void, and shall be surrendered by such person, and immediately sent by the court making the conviction or the officer taking the acknowledgement to the Com- missioner of Fisheries at Harrisburg. Section 13. Whenever any person shall be con- victed of violating any provisions of this act, and shall refuse or neglect to at once pay the fine im- posed, together with the costs of prosecution, such person shall be at once committed to the county jail in which the conviction occurs for a period of onp day for each dollar of penalty imposed, unless such person enter into good and sufficient 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, magisti'nfe. or justice of the peace shall have the power of summary coa- viction in matters pertaining to the violation of any provisions of this act. Section 15. All actions for violations of any pro- vision of this act, excepting where the defendant is taken in- the act of violating the law or n a pursuit immediately following such violation, shall be com- menced by a complaint of any person before an alder- man, magistrate, or justice of the peace, made under oath within one year after the date of such violation. Section 16. Upon such com]ilaint any alderman, magistrate, or justice of the peace shall issue a war^ rant directed to any constable, peace officer, fish com- 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 sontf^nced to pay the fine and costs as hereinbefore provided. Section 17. All fines recovered undor this act in cases where the prosecutor is a salaried officer 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- FISH LAWS. 241 liver such amount to the. Commissioner of Fisheries at Harrisburg. Where 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 Harrfsburg, together with a statement of the caus*^ for wln^-b cnHi monov shall have been collected. The cost of such statement is hereby fixr< at fifty cents and made a part of the costs of prose- Section 18. All fines imposed for violation of this Payment o« act and all license fees collected under this act re- ''^^J'i^^ ceived by the Commissioner of Fvshenes shall be by state Treas- the Commissioner paid into the State Treasury, to be ury by Corn- applied for the purposes hereinafter provided. SSerie? Section 19. All license fees collected under this '"»*« ^ «• act and all fines imposed and collected for the viola- use of t'on of anv provision of this act shall be forthwith money recor- paid by such alderman, magistrate, or justice of the J^^t^ig' ^^ 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 immediatelv paid =nto the State Treasury, where it shall be kept as a part of a fu«id separate and apart to be used sol elf 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 of the writers, and the employment of the 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 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 hatchorios. 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 16 242 FISH LAWS, Appropria- tion of such muiicys to Department of Fislieries. Arn'sts with- out warrant. Aclcnowledg- nicnt of guilt. Repeal. the making of improvements on Presque Isle Penin- sula and the approach to the fish hatchery at Erie. All moneys in sucli separate fund from time to time are hereby specifically appropriated to the Depart- jmont of Fisheries, and may be expended for the pur- poses hereinbefore enumerated. The Auditor General sliall, upon requisition from time to time of the Com- missioner of Fisheries, draw his warrant on the State Treasurer for the amount specified in such requis'- tion, not exceeding however the amount in such fund at the time of making such requisition. Section 20. Any officer 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 p(>rson in the act of violating any i)rovision of this not or in a pursuit immediate] v followinsr such viola- tion. Tlie officer making such arrest shall immed'- ately take the person so arrested to the nearest alder- man, magistrate, or justice of the peace for a hearing u]>'>n tlie cliarge upon which the person wns Mvr<>st"d. Section 21. A' person charged with violating any I)rovisifns of this act may sisni 'in aok!i()w1(-flri'>mont of the offense committed, either before or after the be- ginning of prosecution, and pay to anf salaried officer of the Department of Fisheries the penalty in full as fixed by this act, together with costs accrued to that dnt^. The printed receipt tl"M'pf(>r. wlnVh sI'mH 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 with this act are repealed. Approved— The 8th day of July, A. D. 1919. WM. C SPROUL. Act May 16tli,1921, P. L.— RESIDENT FISH LICENSE LAW. An act for the better protection of fish; requiring cit- izens of the United States residing within this Com- monwealth to procure a license from the county treasurer to fish or angle n the waters of this Com- monwealth, or in the waters bounding or adjacent FISH LAWS. 243 thereto, and regulating the issuance of such license ; providing penalties for the violation of this act, and the manner of proceeding to enforce compliance therewith ; and provid ng for the disposition of the penalties recovered and license fees received. 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 State of Pennsylvania over twenty-one years of age. Section 2. The provisions of this act shall be sever- able, and, if any of its provisions shall be held to be unconstitution.il, the CTJ iH H CO <— 1 >> 3 <(-( 3 (1) t-5 > hJ O 3 r ce t-3 ^> Cm CJ—i o 03 f^ (h CO 03.0 .^ « 2 0) . ' OQ C («l TO ^1 W _, .2 o S 02 O W o o ba pq ao . -= t- rt isS goow CO b3 5 £1 ^ _ <^ • ;::: o • — CO 5m . cq+J m w m m > >. >> less than one day. o rods and OS'S 5 13 5 0) S 3 ro o CO m o a 'I •t: o c ) o c C3 s o in o w Oj ^ o2 1^ 1" 1 >- h- s cq a CO A ■ ■ > o p. 01 Eh 250 FISH LAWS, o ^ ve Trenton Falls 191 Delaware River, below Trenton Falls 183 Destruction of illegal fishing appliances 179-203-225-235 Device, permit for special 217-218 Dip nets 177-184-192-208-209-218 Dlpsey line in Delaware River 1S4-192 Distances net can be used 185-194-210-231 Disposition of seized appliances 179-202-222-225 235 Disposition of penalties 180-189-197-199-204-224-234-241-245 Distribution of fish 219 Domestic fowls, trespassing, may be killed after notice, 212 Drawing off of water prohibited, 214 Drift net 185 Dutv of Commissioner of Fisheries, 218-219 Duty of Fish warden 48-220-221 Duty of Fish Wardens on Delaware River 179-1 8'9-l 96-1 97 Dynamite 188-196-216-228 INDEX TO FISH LAWS. 253 Page E. Eels, 184-192-205 227 Eelpots in Delaware River 184-194 Eggs or spa^vTi, 211-212-229 Eklucatioiiiil purposes, fish may be kept for, 219 Electricity, fishing ^vith, 188-19G-21 6-228 Employnxent crR. number that may i""^ t-iken, < 201 Frogs, not to be taken with lights, 202 Fr\', fish, preference to State 212 Fyke nets 178-184-193-195 254 INDEX TO FISH LAWS. G. Page. Game fish, general acts of Assembly, 177-183-191-204-226 Game fish in Delaware River, 177-183-191 Game ftsh, open season for 178-186 194-205-206 Game tish in Inland waters 205 Game fish, manner of catching 178-184-192-208-227 Game fish, summaiy of law, ^^-^ GaflF 2^^ Gas tar prolilbited 181-188-1 96-216-228 Gill nets 178-184-230 Green bass 183-192-20r.-2'?7 Guide, emploj-ment of, 2i 7 Guide not to ftsh for employer, 217 H. Hand line 184-192-2'08-227 Haul seine, 209 Hearings, 180-189-197-200-202-22 2-233-240 245 Herring, 210 Hook and linie, 178-184-192-208-227 I. Illegal devices to be destroyed or sold, or forfeited, 179-202-222-1I25-235 Imprisonment imposed, see penalties. Interfering with officers 170-190-198-223-234 J. Justice of the peac«, hearing's by 3 80-1 89-197-200-202-222 2''3-240-245 K. Klllifishes 184-192-205-227 I/. Lakes, boundary, protection of fish in, ! 226 Landing net, may be used 20*» Law, decisions of courts 337 Laws relating to fish in inland waters 204 Laws relating to fish in the Delaware River, ..'..' 177-183-191 Laws relating to fish in Lake Erie, ^^26 Length of fish taken Delaware River, 179-187-188-195 Length of fish taken, in internal waters . . 207 Length of fish taken, boundarj^ Avaters . . . 232 License, non-resident fishing, 237 License, resident fishing 242 License must be signed before valid, 243 License, artificial propagating, securing of oii License, seine, securing of .' ' 20O License to fish for food fish, '^69-'>18-229 License for fishing in Lake Erie " ' " 229 License fees, disposition of il24-2.34-'>41-246 License to be shown on demand .209 231-239-''44 Lime, use of in fishing prohibited 188-196-216-228 Limitation of time in prosecutions, 190-197-200-204-221-235-240-245 Limit of fish that may be taken, (see summary Page 249) " ''07-'>08-2''7 Loaning or altering license prohibited ..'.'.'.'.".'.'.. 244 INDEX TO FISH LAWS. 255 M. Mpasuremrat of fish -.^n -.o-r .^^ ^J"^^^- Meshes, size of in seines or nets iVV ibk\^I^.^^,T"^^'^--0^-2'^2 Migration of fish,' ohstniotin^,' " 184-192-203-227 Misdemeanor, ~ ' 215 Mullets, food fish ^'''^ Muscallongp. 184-192-205-227 205-227 N. Sets%rsuiday; " in Delaware RiverV •; ; : : : " " •'''-^^•^-^•'^^-^^•'-2'^9-21«-2;,0-231 Nets to be destroyed when illegally used, ... IT^'sin? 99 99- oq- Nitro-glycerine, use of forbidden, '. .....•.'. istfc,l'ifr'f4 Non-resident fi-shing license, . i^b-iyb-J10-2J8 Notice, trespass, . ' 237 |r!s SI ??^^'\triv'=',,f £tl<^--"""""- ■■•»««■=«■')■■ ■ -.• ■ voT-so^^i? Number of tadpoles that may be taken, ".'. om Number of terrapin that may be taken, . . z9} Nursery streams, closing of '.'.'.'.'.'..'. 21 9 O. Obtaining fish by false representation, . . 0-10 Obstructing fishways ^^^ Obstrxicting flow of water prohibited,' *.'.'.'".'. 01 ^ Obstructing migration of fish ill Officer rotUsing or neglecting to do duty, ■.■.■.■.■.■.■.■.■;; Ao 990 000 Ofhcer, resisting or interfering with, . 17a VqW^tHooo'dl Open season for fish J^< J-i.'"-i9»-z2d-234 Ownership and control of streams,' ' .' .' .' .' .' ." .' ." ." .' Z ; ; .' / ; ; / / ; ; ' .^'^^^:^.^*'-^^'|?^ P. |SSS"?i?VSXn SI- „,;. -.aW; Vs.e- act ■ •,„S-"--»4..0....2-230-.33 Permission' 'to 'draw' off 'water 184-192-208-232 Pennission to use explosives for engine'ering 'purposes o]i pSkerei '^^'''''''^ '"^ "'^"""'^ waters. . . ... '. /. ". *. '. .:::::;::• Us Pikef^blue 178'-'l83li92-205-227 Pike, grass 183-192-205-227 Pike perch.' . . .', 227 ?^ Te's'S" "■ ^-^-i-""- ->.non; ' : : : ■. ; ; ; ; ; ; ; ; ■. : ; -.I'.tlfa:;?!:!;!!:!!? Planting fish, '..'.'.'.'.'.'.'. 205-227 Poison, fishing with, forbidden, ■■■■.'.■.■.'.'.■.■.■.;■. i kk'^6a 9i « III l^c^Z^^'. !^. .^*"""-" "^"^"^^*^^' •••■•••• •■.■.•.Vm-liiliEeJillir Police, powers and duties of '^^^ Pollution of waters forbidden , .';,";.■;.■■.■ i si Vca 1 oV o-. o 00.? Possession of fish prima facie 'evidence .' .' 181-188-196-216-228 Pound net 223 231 256 INDEX TO FISH LAWS. Page. Power of Commissioner of Fisheries 214-217 Powers of flsh wardens 179-189-196-200-202-217-233-242-247 Preference of State in distributing fish 219 Prima facie evidence 223 Private streams 211-219 Proceedings on arrest made 180-189-197-200-202-222-233-240-245 Property seized, disposition of 179-202-222-225-235 Propagating streams may be set aside and closed, 219 Propagating of fish, artificially by individuals ^ 211 Public fishing, waters open to ' 219 Purchase or sale of certain fish prohibited 217 Q. Quick lime, use of in fishing prohibited 188-196-216-228 R. Recognizance 190-197-200-204-224-240-245 Record costs, liability for 180-181-190-198-200-203-223-233 Record of licenses issued, 2;>8-244 Refusal or neglect of officers to act, 48-223-233 Refuse from gas houses, etc.. not to enter streams, lST-188-196-21 6-228 Removal of fiSh from licensed, device by third person prohibited, 210-232 Report of Commissioner of Fisheries, 222 Resident fishing license, 242-2+3 Resisting arrest ^^n-in.0-198-2'13-234 Rock bass 178-183-192-205-227 Rock fish, or striped bass, 205 S. Sale of certain fish prohibited 217 Sale of certain fish permitted, 211 Saturday night fishing with seines, \mlawful 178-186-194 Sawdust In streams prohibited. 181-188-196-216-228 Scientific purposes 179-217-218-232 Scivcns to prevent the destruction of fish, 215 Screens may be placed by Commissioner of fisheries at expense of owner, 215 Search for fish, by officer without warran*;, 220 Search warrant, 229 Seasons for game fish 178-186-194-205-206 Second off'ense, 178 Seines 177-185-187-193-209-218-230-231 Seines in Delaware River not to be broken 188-199 Seine license 209 Seizure, right of, 179-187-193-19 1-202-222-2.*',0-233 Shad, 177-210 Size of fish legally taken 1*79-187-195-207-232 Size and number of fish legally taken in Delaware River, 179-187-195 Spawn, . 212 Special device permit for Inland waters, 218 Special officers for corporations raising fish, 182 Special officer, powei-s of, 182 Special fish wardens to enforce game and forestry laws, 48 Special wardens not entitled to salary 222 Spe<'kled trout, open season for 186-194-205 Speckled trout, must be at least 6 inches long", 207 Speckled trout, wild, not to be bought or sold 217 Speckled trout, wild, not to be caught for wages or hire 217 Speckled trout, wild, size and number to be taken 207 Speckled trout, propagated in captivity may be sold in certain cases, . .211-212 Spoon hook 184-192-248 INDEX TO FISH LAWS. 257 Statistics of flsh shall be furnished, 212 St(>oko(l waters to hp free 219 Stocking of waters with fish 219 Strcaius for proi)HKation may be sfet aside and closed 219 StreHins on State lands, preference for in distributing fry, 219 States of Pennsylvania and New Jersey to have concurrent jurisdiction oret Delaware River, 183-191 Striped bass, or i-ock tish 205 Stniceon 18r,-lP3-22S-2S6 Suckers, food fish, 184-192-205-227 Suits, costs of. where chargable, 180-1 81 -190-198-200-20.*?. 22.!-233 Summary convictions 18O-189-197-200-202-222-23.'?-240-245 Summary of flsh laws, 249 Sunday, no flsblng on 178-1 86-194-205 Sunday, arrests may be made on 190-198-200-203-223-233 Suntlsh, number tbat may be taken, 208 Susquehanna salmon 178-183-192-205-227 T. Table of size, seasons, etc., of game flsh, 249 Tadpoles, open season 201 Tadpoles, number that may be taken, 201 Terrapin, open season for, 201 Ten-apin, number that may be taken 202 Tlireatening officers 179-1 80-198-223-2'?4 Three hooks 248 Time limit of actions, 190-197-200-204-225-235-240-245 Til le tisb may be iieid afLer close of season, 206 Torpedo, ase of probibited in fishing, 188-196-216-228 Transportation of fish permitted 211 Trenton Fails, fishing ai>ove 191 Trenton Falls, fisiiing below 183 Trt»spa86ing on waters operated by Fish Commissioners, 216 Trial 180-189-197-200-202-222-233-240-245 Trolling line 184-1 92-248 Trout, bi-ook or speckled, 184-192-206 Trout, open season for 186-194-205 Trout, length limit 6 inches .' 207 Trout, nunil>er that may be taken, ..'.*.' ' ' * 207 Trout, lake 205 U. Unlawful to procure fish for private purposes, 219 Unlawful taking of fish, 177-178-188-196-202-208-216-228 ^ \ Vats, contents of » 181-188-106-216-228 Vitrei 181-188-196-216-228 W. Wall-eyed pike, or Susquehanna salmon, 178-183-192-205-227 Walls, wing, 17g Wardens, fish, duties and powers of, . .48-179-189-196-266-202-217-233-242-247 Wardens, fish, to enforce Game and Forestry laws, 48 Wardens, fish, compensation of, .'...!! 220 Wardens, special, ..!.......''.'! 221 Warrants of arrest and search 199-203-220-222-224-233^234-240-246 17 258 INDEX TO FISH LAWS. Page. Waters for public fishing, . . • • • • • • 219- Waters in which ftshing may be prohibited, . ... ••••••••;• 21» Waters on State lands, preference of. In distribution of ftsh. . ■••^^^^^Q^,il% Waters, boundary • / ' l." ' ' ' V a'i 215 Water-wheels must be screened for protection of fish |^^ Wild birds may be killed -j^^g Wing -walls Y. ^„ ^ 183-192-205-227 Yellow bass, .184-192-208-232 Yellow perch FOREST LAWS. 259 DIVISION III. ACTS OF ASSEMBLY RELATIVE TO FORESTS. PREVENTION OF DAMAGES An act to prevent the damages which may happen by ^'^9*' ^Sm I ill firing of woods. ' • ^' ^'** Whereas, It has been represented that numbers of persons are in the custom of setting fire to the woods for different purposes, thereby producing an extend- ed conflagration, injurious to the soil, destructive ,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 com- mitted. 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 county where the offense is committed who is hereby empowered and required, by warrant under his hand and seal, to cause the party offending to be brought before hwn or some other justice of the peace of the same county ; and if, upon examination, it shall appear to the justice, by the testimony of one or more credible witness or witnesses, that the de- fendant is guilty of the charge exhibited against him, then the said justice shall issue his warrant to two or more freeholders of the neighborhood, thereby commanding them, in the presence of the defendant, if he will be present, to view the place or thing damaged or inquire into the loss sustained by the plaintiff, and to certify to the said justice, under their oath or a^r- mation, what damage, in their judgment, the plain- tiff 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 260 FOREST LAWS I860, 419. P. L. of prosecution, as is nsiial in the recovery of dobts under ten pounds: Provided, That if any person or pi^rsons sliall apprehennc(M] to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceed- ing one year. Approved— March 31st, A. D. 18G0. WM. F. PACKER. 1869, P. L.. 1251 . Tenants in common pio- hibited from cuttins or removing timber -with- out consent of co-tenant Sales of tim- ber tlni-i rut oir removed not to pass title thereto PREVENTING CO-TENANTS CUTTING TIMBER WITHOUT CONSENT. An Act to prevent tenants in common of timber lands from cutting or removing trees without the consent of all of their co-tenants. Section 1. Be it enacted, &c., That from and after this date it shall be unlawful for any own^r or own- ers of any undivided interests in timber land within this Commonwealth to cut or to rrniove, or to cause to be cut or removed, from the said land, any timber trees, without first obtaining the written consent of all co-tenants in said premises. Section 2. That no sale of any timber cut or re- moved from such undivided lands, b<'fore or without such consent, shall pass any title thereto; and the parties injured shall have every remedy in law and equity for the recovery of the said timber trees, and of all square timber, boards, lumber, ties, singles and other articles, whatsoever manufactured there- FOREST LAWS. 261 from; and also for the recovery of damages for the J^rTe^-overy cutting or removing of the same, which they now of timber have against an entire stranger to the title. and dam- Seetioii 3. Ui)()n the violation of the provisions of ^'^^• the first section of this act, it shall be lawful for any int^j-e^g^t ^J. of the parties in interest to sue out a writ of estrepe- tiiorized to ment, to prevent any further cutting thereon, or the sue out removal of any timber then already cut, or both; estrepe- which said writ shall be of force until the interests of ment. the parties sliall 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 writs, how of estrei)t',ment sliall 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 issued pending actions of ejectment for real estate. Approved— May 4th, A. D. 1869. JOHN W. GEARY. ASSESSORS' RETURN OF TIMBER LANDS. An act requiring the several assessors of this Com- iss.'j, p. l. m(mwealth to make return of timber lauds. ^^-' Section 1. Be it enacted, &c. , That it shall be the i^J,";/'^^ ^ duty of the several assessors of this Commonwealth separately^ in their return of real estate to the commissioners assessed. of the proper county, at the next triennial assessment and at each triennial assessment thereafter, to make return of all the timber land in their proper districi by specifying in separate columns, how many acrer each tract contains of cleared land, and how many in timber. Approved — The 13th day of June, A. D. 1883. ROBERT E. PATTISON. 262 FOREST LAWS, 1S91. P. 170. Owner dam- .Hgod may jpetition the court. •Tcvurt shall ap]>nint three -veiwers. "Viewers' report. \Yhpn con- firnuition shall become absolute. shall not apply to police or tire dcpartinont telegraph liues. RECOVERY OF DAMAGE BY WIRE LINES. Ad act providing for the recovery of damage to trees along the public highways, by telcigraph, tele- phone and electric light companies. Section 1. Be it enacted, &c., 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 anj 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 maintenance 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 laud 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, at viewers, who shall, after having been duly sworn or affirmed to the faithful performance of their duties 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 ai)pointment, which report shall, upon its presenta- tion as aforesaid, be confirmed nisi : and if no appeal be entered to the same on or before ten days fron: the Saturday of the week in which the same is pre- sented, it shall then be confirmed absolutely and judge- ment entered by the prothonotary of the said court upon the same against the said company. Section 2. The compensation of the viewers pro- -vnded for by the first section of this act shall bf the same as is now provided for road viewers, and shall be paid by the def-^ndant company, where dam- ages are awarded, otherwise by the i)etitioner: Pro- vided, 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 2ud day of June, A. D. 1891. ROBERT E. PATTISON. FOREST LAWS. 263 PURCHASE OF UNSEATED LANDS. hundrod and uin.'tv oi»l^ U,. """^ thousand eight stoll go lands within fh/= 7- ^^ ' w'|™ever any unseated mtc effect. lanus within this Commonwealth shall, under exist- JountyTreasi'eTL th"" '". ^""^ ^^^ *•■» '-pSfve D„t,e, „, nflvme„t^,f ► or the county commissioners fur non- count,- ?,rIS , "^'"'?' '.* ^■'"'l ""^ tll<^ m, 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 above Act, by reason of the abolishment of the Dirlslon ©f Forestry In the Department of Agricultnre, and the creation of the Department of Forestry by Act of 25th February, 1901, has been changed in its application.) Record of lands to be kept. Contents of i-i cord. L/.and shall be under contrul of Department of Forestry. Purpose. Repeal. ARRESTS WITHOUT WARRANT. An act to authorize constables and other peace officers, without first procuring a warrant, to ar- rest persons reasonably suspected by them of of- fending against the laws protecting timber lands. 1SQ7 P T Section 1. Be it enacted, &c.. That if any persor 29. ' or persons shall be detected by any constable or other peace officer, in the act of trespassing upon any forest or timber land within this Commonwealth under such circumstances as to warrant the reason- Duty of able suspicion tliat such person or persons have cam- constables, mitted, are committing, or are about to commit, some Offense or offenses against any of the laws now enactec' or hereafter to be enacted for the protection of forest' and timber land, such constable or peace officer shall have authority at once, without first procuring a war- ^.^^ arrest rant therefor, to arrest on view such person or per- ^^ant. sons, liko with effect as though such warrant had first been procured. *Sec. 2 as amended by Act of April 28, 1899, P. L. 98. The limit of purchase price is niow increased to ten dollars per acre. 266 FOREST LAWS. Section 2. That all acts or parts of acts incon- sistent herewith be and the same are hereby repeal. Approved— The 29th day of April, A. D. 1897. DANIEL H. HASTINGS. 1897, P. L. 295. Section 1, act of June 2, 1870, cited for amendment. Cotinty com- missioners shall appoint persons to Institute proceedings, and extin- golsb flres. COUNTY COMMISSIONERS MUST EXTIN- GUISH FIRES. An act to amend the first section of an act. enti- tled "An act to protect timber lands from fire," approved the second day of June, A. D. 1870 providing for a penalty in case of failure of countj commissiners to comply with the terms of said act. after demand made upon tliem by the Conijmissioner of Forestry, and providing for the Commonwealth bearing part of the expenses incurred under said act. iSection 1. Be it enacted, «S:c., That the first sec- tion of the act, entitled "An act to protect timber lands from fire," approved the 2nd 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 dutj it shall be to ferret out and bring to punishment &V persons who either wilfully or otherwise cause thf 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 tc 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 persons, under oath, whose duty it shall be to ferret out and bring to punishment all persons or corporations who either wilfully 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 Commissioner of Forestry of FOREST LAWS. this Commonwealth, to comnlv wi>i. ^i.; • ■ they shall be deemed euiltvTf n r.,7i ^^'^ provision and upon conviction tWofJ^^aTh^ not exceeding one hundred doll /^^^ ^"""^l '° ^ «"^ shall be p.ud, oie'alf oS o1 tt"tSuf; o?Vh'^'^ spective county and the rema ninelfp If nf m^ ""'^ pensc shall be paid bv the It^ffrf tIJ ^^ ^'^^''^ ^'^^ rant from the Au( itc^ Gener- 1 hnTn"'^'' ,"^'^° ^^^■ shall be drawn ui til H.o i^ • • ^ "'^ ®"^^' warrant county shXhave first fn^nlS''?^""'! ^^ ^^^ P^^P^i firmation, to t e And^nr p ^^''1' ""^^^ ^^^^ o** af- statemen of such <^ hL^'"'"'",^' ^ ^,""^° i^emizec' approved by the Auditor n' """1 "r".^'^ .^^« «^""e if no'case shall the txvZl U^TJ'r ^'^"^^'^^'^ That ii ing out of fl.i« .^V^ ,^"c^"^ Commonwealth grow Bingle"county"hi ^ny^one^'yea;! '"°'^^' ^^"^^ '- " Approved-The 15th day of July, A. D. 1897. DANIEL H. HASTINGS. 267 Coimnis- sioueis fail- ing to com- ply shall be- guilty of a misde- meanor. Penalty. How ex- peases after- .January 1, 1898, shall he paid. Itemized statement shall be fur- nished Aud- itor GeneraL ESTABLISHMENT DEPARTMENT OF FORESTRY. ^nr.f,f . '°f establish a Dopartmrat of Forcstrv tn provKl,. for ,ts proper aclministrati'on to r'/ul-m tenarc, f For .If "??"'"'• I'."-"'™"™ and main- m™t of iolslT'' ^'■'''^'•™"«°^ "y the Depart. IqIi"'™ h~^ amended by the act of May 17th 1^ tJ^^te-;; '.^ra ^^rsrcl^^,-.!-;, S",^^ wtf^ gnterll^l'^'eS-^^r^^^^^ 5XeftrJ'-d^^Y^br^,'S.V^irk?eXTfc 1901, P. !>. 11. State Forest Commis- sion. Members. Appointment. Term. 268 Power. Acquisition of land. Pi-oviso. Control, de- v(>l(>pn:ent and utiliza- tion of lands. Bureaus and odices of the Depart- ment of Forestry. Powers and duties. FOREST LAWS, vation Cominission to serve for the te^^^^^ ^or wMcb ^ tte^^f^rar^^^^poJ;;— s^an be .nade Forest Commission shall be clo ed wf fj^^^p.^^.^^ry heretofore conterrrd by law u 'u un ^ ^^ Reservation Commission or ^'^ich sha nerca conferred on the ^^'-^l^^^f^^' ^ fu 1 1 "W^^^^^^ ^^^ ^tntp Forest Commission, with tnii l'"^*'' .^ I ?h' the consent of tl'e Governor to ««,,. by ,,„ clmso or by con,lomnat.on P^'^^^'^^^^.V, which, in lands in any county ,«* t''^„YsLh.n the State should the judgment of «»"' pomm^^^ "• „„intnining, and possess, for the Pur POse of ho d,„,.^^.^^^^^^^ Sr"e\,rnde^"lor ^ -nisUion of an* ^,^,0. purpose for such period. nower to man- Cc) The Commission ^j!^^ I H V.rTnd develop n"-o control, protect, maintain, "" /ti,n i>rf v^«?ions Sil'innds which may be acquired nn-.^h^^ P--- ^-^ of this act, as woll as those win m .^^^ boen purcliased and are n^.^^.^^Y"''' . " ,i niav. in as State for.sts under ^^/^ti"f^.^[^^f ^fe/tion estab- additi(m to the B"^^^", ^^ ^'' .^:^!,., ^ .Vrt of June lished in the Department of Fo,-ti^ M Act .^^^^ --" hundred n^oty-sej.n) .^J^^^'^^ ' „nd partment of t oresiry, ^'l^. -nnrenu of Silvicul- Offices: Bureau f ., Op^^^q* ^^; orR^lareh. Offlc. •r^inSrSon Office 'of Maintenance, and shall tijn^'rlow^rs^'and d,,He „f the Depar..ent^_of ^^'^^.^o♦•rv n«a now estnnlistien Dj iii'^ "• "■■.' FOREST LAWS. 208 Protection), subject, however, always to the complete supervisory control and direction of the State For- est Commission and the Comnwissioner of Forestry.: Providing, liowever, That the salary of any of the Salaxies. chiefs (tf bureau and offices sliall not exceed the sum of five thousand dollars per annum. (d) The State Forest Commission may divide the Forest Di*- State into such convenient Forest Districts as it tricts. deems ecoaomical and effective to administer, protect develop, and utilize the State forest lauds and re- sources, to protect all forest land in the State from forest fires, fungi, insects, and other enemies, to pro- mote and develop forestry and knowledge of forestry tliroughout the State, to advise and assist land owners in the planting of forest and shade trees, tc render reports of its conduct of the Department of Forestry, to obtain and publish information res- pecting forest lands and forestry in the State, to assist in Arbor Day work, and promote and advance any other activity in local forestry which the Depart- ment of Forestry may deem helpful to the public in- terest, jmd to execute the rules and reguhitions of the State Forest Commission for the protPcti«)n of forests from fire and depredation ; and also may aasigr AssigTiment District Forestei*s to take active charge of sucii i'\)V of Foresters est Districts and also such Foresters, Forest Rangers ^^^ Rangers. and other help for the administration of such For- • est Districts, as the Commission may deem neces- sary for the accomplishment, throughout the State, of the i)urit«»ses for which the Department of Forestrj^ is established. (e) The Commission is also empowered to appoint Assistants and assign to selected lines of work, Forest Officers «^^ employ- to act as chiefs of the Bureaus (including the Bu ••• rean of Forest Protection) and Offices, also to act as Assistant Chiefs of said Bureaus and Offices, when- ever, ancl to the extent, it may doom such assistant chiefs neepssary, and also to act as District Foresters Foresters, and Forest Rangers, which Forest Officers shall be especially qualified to perform the duties of the Bun'ans, Offices, Forest Districts, and other Dixnsions of the work of the Department of Forestry to which thoy shnll be assigned : and it sbnll also employ and assign to duty such surveyors, draftsmen, steiiognipliers, and oth<'r assistants, and labor, and such scientific assistants and other employes as may 270 FOREST LAWS, Bnles and regulatiouf. Educational qualifiica- tions. dale of timber on State forests. ProTiso. Contracts or leases for the removal of minerals. Advertise- ment. Awarding of contracts or leases. be necessary and needful for the control, protection maintenance, utilization and development of the Stat€ Forests, to fix their compensation, and to establish such rules for the oontrol, management, protection utilization, and development of the State forests, ab in their judgment will conserve the interests of the Commonwealth . (f) The Commissioner of Forestry, the Deputy Commissioner of Forestry, the Chiefs and Assis- tant Chiefs of the Bureaus of Operation, Forest Pro- tection, and Silvicuture, the Chief and Assistant Chief of the Office of Research, and the District Fores- ters and Foresters shall be persons educated and trained in Forestry. (g) Whenever it shall appear that the welfare of the Commonwealth, with reference to reforesting and the betterment of the State forests, with respect to control, management, protection, utilization and development, will be advanced by selling or disix)sing of any of the timber on the State Forests, the Com- mission is hereby empowered to sell such timber on terms most advantageous to the State : Provided, that the State Forest Commission is authorized and di- rected to set aside, within the State Forests, unusual or historical groves of trees or natural features, especially worthy of permanent preservation, to make the same accessible and convenient for public use, and to dedicate thera in perpetuity to the people of the State for their recreation and enjoyment. And the said Commission is lien^by empowered to make, and execute contracts or leases, in the name of the Commonwealth, fur 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 in- terest of the State to make such disposition of said minerals ; Provided, The proposed contr.ncts or lenses of vauable minerals exceeding three hundred dollars in value 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 ba awarded to the highest and best bidder, who shall give bond for the propter perfoi^nnce of the con- tract as the Commission shall designate. And the State Forest Commission is further empowered to FOREST lAWS. 271 p„.vide by /tltelor4'compa«bi:'wUh 'tbfpur- B'S'for wbich ?be State forTts are created ; namely to pro "de a continuous supply of timber, lu-nbe^ wood and her forest products, to P-otect tte water sbe4s of tbe rivers and streams of tbe State, ano lo lur nisb opportunities for health and recreation to the ^"Sertiont'^'c Supplied by Act of May 5, 1911, P. L. 'l^^ofsT 'iL^'-thf kmmissioner of Forestry 1, 11 Ka thP nresident and executive officer of the Fo^'restrv ReservTtor Commission, and also Superin- frnden7 of the State Forestry "^^^^'^^^'Z^' J^^, «hnll hfTT May expend wt^A to adoDt may expend a sum not exceeding twenty- ^^^ five doHa^spe? mile hi each year for tbe mamtenaiice ^^^,^ roads. Repair or ex'ionsion of any such roads, and on roa^s bordering on reservations one4ialf of this rate p ^^^^^^^ mile may be expended. All expenses that /n^y /""f^ subject to b^ in^ur'i-ed shall be subject to the ^PProval of th ,^^,,,,1. of any leases or contracts relating to the disposition of mYnerals. as hereinbefore P;:«^;^^^^VnTe Tre.sto" immediatelv pay the same over to the State f measurer a^Tnart of the revenue of the Commonwealth The commis- as a pait oi ^"c i*- ^ T?nrp«trv shall eive his bond tc sioner of said Commissioner of b orestry «""" /Y'' / onnrovec' Forestry the Commonwealth, with two sureties to be approver ^^^^^^ by the Govenor, in the sum of ten thousand dollars ^^^^ ^^ for the faithful discharge of the duties imposed bj $io.ooo. this act and for the proper accountmg of any moneys to the Commonwealth that may come into his hands by virtue of his position as Commissioner of Forestry Section 10. as amended by act of M'^y ^J^^^^^.^ p L. —(Repeal ofi act of April ^^th, lUO^, P.* L 201, and act of July 21st, 1913,P. L. 864, and general repeal). Approved— The 25th day of February, A. D. 1901. WILLIAM A. STONE. Since the passage of ^^^^^l^^'^'^fl^i, 'tf kc?e f^r ^Vd P^ge 279. making « «f '\,f^^/^Jeld for fore^st reserves , the purposes against State lanas uem ^ ^ , larsroly 18 and July 7, 1919, P- I^- '° ^^ '•"• 18 274 FOREST LAWS, 1901, p. L. 119. When the Coimnis- sloner of Forestrj' may appoint detectives and employ attorneys. Expenses incurred. "Fines collected. When pay- ment to county -com- missioners may be re- fused. POWERS WHEN COUNTY COMMISSIONERS FAIL TO ACT. 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, &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 oithor 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 work aforesaid ; the Commissioner of Forestry may, on the request of residents of a county in which such fires have been created, or on tlie 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 burning of timber lands ; and all expenses incurred by the Commissioner of Forestry under thf operation of this act shall be paid by the State Treas- urer, on wnrrent drawn by the Auditor General, if the said bills shall be approved by the Govenor anc* the Commissioner of Forestry ; and all the fines col- lected shall be paid by the magistrate or by order of the court to the Co.mmissioner of Forestry, and be paid by him to the Treasurer of the Commonweath. 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 thosf who caused forest fires in the district where such persons served as fire detectives, to make arrests an<^ secure convictions, and for which conviction was ob- tained by the detectives appointed by the Commis- sioner of Forestry. Approved— The ^nd day of May, A. D. 1901. WILLIAM A. STONE. FOREST LAWS. 275. /BOROUGHS PLANTING SHADE TREES. An act authorizing boroughs of this Commonwealth to require the planting of shade-trees along fhe public streets thereof, by the owners of abutting property in certain cases. Section 1. Be it enacted, &c., That the burgess and council of any borough of this Commonwealth upon the petition of a majority of tne property ownerf upon any public street thereof, may by ordinance require the planting and rephuiting of suitabK' shad*;- trees along and upon either side of any such street upon sncli nliginiioiit and at sncli i)oints ns mt.v by such ordinance be designated by the owner or owners of propt'il.N 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 cause such trees to he 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 d<>fault, 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 busines.s thereon conducted. Approved — The 17th day of June, A. D. 1901. WILLIAM A. STONE. 1901, P. L. 569. Boroughs may require- the plantirLgr of shade trees by abutting owners. 276 FOREST LAWS, PLANTING TREES ALONG ROADSIDES.* 1901 P. L. -^^ act to encourage the planting of trees along the «10, roadsides of this Commonwealth, and providing a penalty for killing, removing or injuring the same; what disposition is to be jmade of mon«'ys collected as penalties, and for keeping a record by the su- pervisor of roads or boards of supervisors of roads of the trees so planted and upon which a tax abate- ment has been granted. Negligence etc. ProTiso. Fine Penalty. Note. — With the possible exception of a portion of section 5 this act is rendei-ed Inoperative by the decision in Tubbs V. Tioga, 32 C. C. 504, and subsequent legislation. Section 5. Any person who shall cut down, kill or injure any living tree, planted or growing natu- rally as aforesaid, (that is, by the roadside), or who ncgrgcntly or carelessly suffers a horse or other do- mestic nnimjil, driven by or for hira, to injure any trees hereinbefore mention<»d, upon conviction thereof shall be subject to a penalty of not less than one dol- lar, nor more than five dollars, with costs of suit for eacli and every tree so cut down, killed, removed, or injured : Provided, That if the defendant or de- fendants neglect or refuse to pay at once the penalty so imposed and costs, or shall not enter sufficient bai' for the payment of tho same within ten days, he oi they shall be committed to the common jail of the county in which the offense was committed, for a period of not less than one day for each dollar of penalty imposed and cost^. Approved — The 2nd day of July, A. D. 1901. WILLIAM A. STONE. •See Act of June 7, 1911, page 300. FOREST LAWS. 277 ARRESTS BY FOREST EMPLOYES WITUOUT \VARRAx\T. An act conferring upon persons employed, under exist- ing laws, by the Commissioner of Forestry, for the protecting (►f State Forestry Reservations, after tak- ing the i)roper oath of office, the same powers as are by law conferred upon constables ami other peace officers; to arrest, without first procuring a warrant, persons reasonably susix'cted by them of offending against the laws protecting limber lands: also conferring upon them similar iM»wi>rs for the en- forcement of the laws and rules and regulations for the protection of the State Forestry Reserva- tions and for the protection of the ganc- and fish con- tained therein ; and further conferring upon th<^ra p( wer to convey said offenders into the [iro^ier legal custos detected b\ them in th" vet of tr'-sp.-ivsii >g ir>on any forest or timber laud within this Commonwealth, uniler sui;h cireumstances as to warrant the leasoi- able susiiicion that such person or jjersons In-ne com- mitted, are committing, or are about to commit, some offense or offenses agninst 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 c.tse of offenses against the laws or the rules and regulations enacted or to be enacted for the protection of tiie State Forestry Reservation, or for the i)roteetion of the fish and game contained therein: Provided. That the above mentioned rules and regulations sh.ill have been previously conspicuously posted upon the reser- vation. Said officers shall futher be empowered, and it shall be their duty immediately upon any such ar- rest, to take and convey the offender or offenders b- fore a justice of the peace or other magistrate having 1903, P.Li. 24. Employees of CommiKsioner of Forestry. Powers Tested In. Forest and timber land. State Forest- ry Reserva- tion. Proviso. 278 FOREST LAWS. Prorlso. Limitation. Repeal. jurisdiction, for hearing and trial, or other due pro- cess of law: Provided further, Tliat 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- cers shall not be exercised beyond the limits thereof, except where necessary for the purposes of pursuing and arresting such offenders, or of conveying them into the proper legal custody, for punishment as afore- said. 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. 1903 P. 200. L. Commissioner of Forestry ajid the Forestry Res- erration Cont mission, empowered to i^ve certain privi- leges to Btreet rail- way compan- ies. Highways bordering on or within forest reser- Tations . CONSTRUCTION OF RAILWAY LINES OVER STATE FORESTS. An act to empower the Commission of Forestry and the Forestry Reservation Commission to give street railway companies the privilege to construct, main- tain and operate their lines of railway over, along and upon pitblic 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. FOREST lAWS. 279 MONT ALTO FOREST ACADEMY. An act directing the Commissioner of Forestry to 1903 p. L. erect buildings on the Mont Alto Reservation or to ^'^3. purchase land and buildings adjacent to the. said reservation, wherein to provide instruction in fores- try 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- Appropria- sioner of Forestry is hereby directed, under the ad- *^**^- vice of the State Forestry Reservation Commission, to purchase suitable buildings and land adjacent to the Mont Alto State Forestry Reservation or to erect buildings on said Reservation, at a cost not to ex- ceed 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 fical years ending June first, one thousand nine hundred and five; and the sum of sixteen thousand dollai'S, or so much thereof as may be necessary, is hereby appro- priated, out of moneys not otherwise ajspropriated for said purposes ; to be paid by warrant drawn by the ^ Auditor General upon resolution of the State Forestry Reservation Commission. Approved— The 13th day of May, A. D. 1903. SAMUEL W. PENNYPACKER. TAXES FOR ROADS AND SCHOOLS.* An act providing a fixed charge on lands acquired by ^^^^ ^- ^• the State for Forestry Reserves, and the distribu- tion of revenue, so derived, for school and roud purposes. Section 1. Be it enacted, &c., That from and after Forest the passage of this act, all lands acquired by the reserres. Commonwealth for forest reserves, and now exempt from taxation, shall be subject to an annual charge Annual of three cents per acre, for the benefit of the schools charge in the respective districts in which said reserve or against, reserves are located, and two cents per acre, for the ♦See Act of May 13, 1909, page 29ft. 280 FOREST LAWS. Certificate &s to ntiTn- ber of acres, etc. PayTnent to school dis- tricts and townships . benefit of the roads in the township where said re- serve 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- serve's are located, the number of acres owned by the Commonwealth in each district or township, upon ap- plication of the treasurer or road supervisors of any of the said districts or townships, and the charge against the same; and shall, furthermore, certify t» the State Treasurer tlie number of acres as aforesaid, and the charge against the same and in favor of the respective districts and townships. The State Treas- urer shall, upon the approval of the proper warrants of the Commissioner of Forestry, pay to the several school districts and townships the amounts due the same from the Commonwealth, and derived under this act, upcin due application therefor made by the treas- urers or road supervisors of the said districts and townships. Approved — Tlie 5th day of April, A. D. 1905. SAMUEL W. PENNYPACKER. 1905, P. L. 156. Forestry resenration. Privileges of borwn^ha and mtinici- pall ties. IVIUNICIPALITIES IMPOUNDING WATER ON STATE FORESTS. An act to empower the Commissioner of Forestry and 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 construing, main- taining and operating lines of pipes over jmd through the same 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- wealtli, upon such terms and subject to such restric- tions and regulations as said Commissioner and Com- mission deem proper, the privilege of impounding water upon any Forest Reservations, now owned or hereafter to be acquired by the Commonwealth, and FOREST lAWS. 281 of constructing, maintaining and operating lines of pipes upon and through said reservations, for the pur- pj-^.y^^ pose of conveying water therefrom, v^henever 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. PENNYPACKER. SHADE TREE COMMISSION FOR BOROUGHS, ETC.* An act to provide for the planting and care of shade- trees, on higliways of townships of the first class, boroughs, and cities of the Commonwealth of Penn- sylvania, 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 us 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, maiu- tain, protect, and care for shade trees, on any of the public higliways 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 Commissioji for the care of public parks shall have been created, said Com- mission shcill, 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 power herein men- tioned and granted. Section 2. The commissioners of any township of the first class, or the councils of any borough or city. 1907 p. Li. 349. Shade tree Commission., Proviso. Existing" park -com- mission. ♦This act has been modified by the new borough and city codes. 282 FOREST LAWS Acceptance of this act. Terms of Commission- ers. Appoint- ments. ProTiso. Semi-annual report. PtotIso. Tree-plant- ing, etc. Notice shall be published. in the State of Pennsylvania, may, by majority vote in the case of the 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 Shado-troe 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 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 Coimmission 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 care 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 au- thority under and by which it was appointed : Pro- vided, That an existing park commission, acting under this enactment, may embody its report jn 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 higliway, 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 ar^ proposed to be planted, removed, or changed, in •ne or more — not exceeding two in all — of the news- papers published in said township, borough, or city, once each week for at least two weeks, prior to the date of said meeting. FOREST LAWS. 283 Section 4. The cost of planting, transplanting, of Cost of removing any trees. in any highways, and of suitable P\^'^*^'j^' ^., guards, curbing, or grading for the protection thereof, transplanting, when necessary, and of the proper replacing of ai^y pavement or sidewalk necessarily disturbed in tlie doing of such work, shall be borne by the owner of the real estate in front of which such trers are planted, set out, or removed; and the cost thereof as to each tract of real estate shall bo certified by the Certificates, commissioner to the township commissioners, or to the presidents of the councils in boroiiglis and cities, and also to the person having charge of the collection of taxes for the said township, borough, or city; aiid upon the filing of said certificates, the amount of the cost of such improvement, of which notice shall also be given to each property owner involved, accompanied with a copy of the aforesaid certificate, together with « notice of the time and place for payment, shall be and become a lien upon said real estate, in front of Lien, which said trees have been planted, set out, or re- moved ; said lien to be collectable, if not paid in ac- cordance with notice as herein provided, in the saive manner as other liens for taxes are now collectible against the property involved. Section 5. The cost and expense of caring for said Cost of car© trees after having been planted or set out, and the J."^ pubiica- 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 cl."ss, boroughs, or cities; such tax not to exceed the sum of one-tenth ^ax. of one mill on the dollar on the assessed valuation of the property in such townships of the first chiss, 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 cities, to be assessed and paid, as otln^r 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 town- ProTUo. ship of the first class and the councils of any borough or city, accepting the provisions of this act, may pro- vide for the expense of the maintenance of trees on 284 FOREST LAWS. Appropri- ation. Buperintend- ent, engineer, wardens, etc . Regulations. Fine and penalties . Liens. Disposition of fines, etc. Bepeal . highways, in accordance with the provisions of this section by actual appropriafon. equal to the amount certifi'd to be re(]uire(1 by tho sjiid Commission, in lieu of the specific assessment above authorized. Sf'Otioii G. Tilt' (^)mmis^sio^ . m.der w hi. h the pro- visions of this act shnll be carried out, in ai;y town- ship of the first class, borough, or city, j^hall 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- jury to, the trees on the highways of any townships, borough, or city accepting the provisions of this :ict; and to assess suitable fines and penalties for violations •f this act, provided such regulations shall have been published at least twice in one or more, not exce<'ding two, Jiewspapers 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 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 fines or penalties or assessments, in conseciuence of the acts of said Shade-tree Commission in enforcing 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 act shall take effect immediately but its provisio'!S shall not be and become binding upon any township, 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. FOREST LAWS. 285 PREVENTING FIRES ON OIL AND GAS WELL LANDS. An act establishing precautionary regulations to pre- vent forest fires on lands in which oil-wells and gas-wells are situated, and diminish danger there- from ; making certain violations thereof misdemean- ors, and prescribing punishment for the same, a?!d in other cases jiffixing penalties and declaring liabil- ities for damages. Section 1. Be it enacted, &c., That fallows, stumps, logs, brush, dry grass, fallen timber, or tree-tops shall not to bi' burned in any forest lands of this Common- wealth, in which there are producing oil-wells or g;js- wells, or rigs erected for drilling sucli wells, from the first day of April in each year to the twentieth day of May next ensmng, nor from the tenth day of Septem- ber in each year to the tenth day of November, ensu- ing. Excepting during the periods aforesaid, fires may bo set in such lands upon the following conditions : First, that written permission thereto, tc the fire-war- den of the proper township, shall first be obtained ; sec- ond, said fire-wai"den shall be personally i)r(s<'nt when such fire is started ; third, such fire sh-sll not ho start- ed during a strong wind, nor without sufficient help to control the same at all times; fourth, such fire sh.ill 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 said lands, excepting upon com- pliance with the conditions aforesaid. Any person violating any provisions of this section shall be deemed guilty of a misdemeanor; and, upon being convicted thereof before any alderman or m.igistrate, shall he 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 thnn twenty nor exceeding one hundred dollars, to b- p lid 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 decisiob of said alderman or magis- 1907 P. L. 527. Forest fires, regnlationfl to prevent. Lands upon which are oil and gaa wells . When fires may not be started. When fires may be start- ed. Conditions . Violations . Misdemeanor. Fine. Oommitmrait* Proysio. Appeal . '286 FOREST LAWS, Ball. Annual •clearance of lands of in- ilamuiahle nmterial . Duties of railroad •companies . Spark ar- resters . trate to the pourt of quarter sessions up«n his enter- ing bail, in the nature of a recognizance, in the usual manner, for his appearance at said court, where the off(>nse 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 lonst once in each year, cause to be removed from said lands all brush, tree-tops and branches of trees, which such owner, lesse(>, 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 removed from said land all grass, brush, tree-tops, and branches of ti-ees, and otln^r inflammable material, within one hundred feet of the right of way of any railroad company operating thereon ; to the end that during 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 p(*rson, partenership, or corporation shall neglect to perform the duty imposed by this s(>ction, the same shall b<» 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 asli-pans and furnaces, and the same shaH be used by every engi- neer and fireman on such part of its road. No rail- FOREST LAWS. 287 road company, or employe thereof, shall deposit fire, Fires. 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. Violations. 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 conseqence of such violation ; and said company shall further be liable to a penalty of Penalty, 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. Approved— The 12th day of June, A. D. 1907. EDWIN S. STUART. PROTECTION OF TREES BY ROADSIDES. An act to protect trees growing by the roadsides and 1909, p. L. 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, &c.. That where any Trees within public highway in this Commonwealth passes through highway or along forested lands, wild lands, or uncultivated"^™**'- lands, no trees growing within the limits of the said Forested or highway, at a distance beyond fifteen feet on either imcxiltiTated 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, teen^^eet or road-masters employed by them, or any other per- from center son, without first obtaining the consent of the abutting line of road, owners. If any board of commissioners or super- visors dec^m the removal of any such trees, beyond said limits 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 n <, t f owners cannot be obtained, the board of commissioners abutWng** ©r supervisors may appeal the matter to the judge of owner, the court of the proper district ; who is hereby directed 288 Appeal. Hearing . Order . ProTiBO . Bruath, etc . ProTlflO . "CultiTated lands. Catting sliall be nec- ■««8ary . Notice to *butting OTmers . Appeal. Decision . liOgs, cord- "wood,etc. FOREST LAWS . to examine and inquire into all such subjects of dis- pute which may be referred to him, and, having doe 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 shjill 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 removal 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 other- wise, shall be done to the standing timber. Section 2. Whenever any public highway running through improved or cultivated 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 in terf erring 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 removtil for cutting sliall be abso- lutely necessary for the purpose of raaintaing the highway at its Ijest 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 his 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. FOREST LAWS, 289 Section 4. Nothing in this act shall be so construed as 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 be 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 removed ; but every 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 act shall be construed to mean any person who, by law shall be vested with the power to deal in any manner 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 exercise any authority over said roads or highways. Section 6. If any commissioner, supsTvisor, 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 thereof, 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 an 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 hoar 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 1© Windfalls, etc. Menace to travel. ' 'Highway authorities" construed Violations. Misdemeanor. Fine. Hearing. Commitment. 290 FOREST LAWS. 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 Repeal. 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. 1909, P. li. 124. Whereas . Whereas . Municipal Forest* Acquirement find holding of. Size and location . MUNICIPAL FOREST LAW. An act to permit the acquisition of forest or other suitable lands by municipalities for tlie purpose of establishing municipal forests ; and providing for the administration, maintenance, protection, and de- velopment 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 great- ly 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 exp(>dient for them to possess tracts of land to be used for the purposes of municipal forests, in many instances conser\ir.g and protecting the water supply and promoting the hoalthfulnrss of said municipality, and capable, as well, of 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 acquiie, by pur- chase, gift, or lease, and hold as the oroperty 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 fof the purpose, and may be FOREST LAWS. 291 located either within, adjacent to, or at a distance from the corporate limits of tlie municipility 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 tlie passage of the ordinance pro- vided for in section two. 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 municip.ality to acquire any such la'uls 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 ; whicli said proposed ordinance prior to its passage sliall 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 lik-^ 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 sTich rules for the govern- ment and proper administration 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 doiie, under existing law, for municipal purposes; and all revenue and emoluments arising from said forest shall be paid into the municipal treasury, to be used for general municipal purposes. ProTiso . Approval of Commissioner Ordinance. Facts and conditions . Advertise- ments . Appropriatiop Bonds. Acquisition of forest or land. Kules . Publication of. Maintenance, etc. IlevenTie8,ete» 292 FOREST LAWS. Parks. Municipal . Rerenue . Alienation . Popular Tote. Section 5. The municipal forest may be used by the people for general outing or recreation grounds, subject to the rules governing its ndniTiisf'ntio'i for idea shall be the sale of forest, in which the major idea shall be the sale of forest products for producing a continuing nninicipal rexenuc. Section 6. Tlie alienation of a mu!iicii>al forest, or any pnrt thereof, sliall be made OTily ij) the manner prescribed herein for the purchase of tlie same ; to wit, by ordinance dnly advertised before and after passage, but such ordinance shall not be effective in legalizing such alienation until after it shall have been approved by a majority vote of the people at the next ensuing election. Approved— The 22d day of April, A. D. 1909. EDWIN S. STUART. 1009 P, 413. GRANTING TITLE TO VACANT LANDS FOR FOREST PURPOSES. L* An act relating to the granting of titles by the Com- monwealth of Pennsylvania to vacant or unnp])ro- priated land, the price to be paid for th" s.-ime. the conveyance to the State Forestry Reservation Com- mission, where desirable for forest culture or forest preservation, preventing the granting of warrants for the beds of navigable rivers, nnd provialth, and the Secretary of In- ternal Affairs to apix)int three disinterested reputable persons to estimate and value the land so applied for who shall, before they enter upon the duties of their appointment, take an oath or affirmation, before a justice of the peace or other officer having authority to administer an oath, that they will 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 tliereof, 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 appoint^ment, 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 Ecport. Proviso. Appeal, Appraisew, ValTiatlon . Certificate of ralue . In case of refusal or neglect. Other ap- praisers . Report. Request for payment . ^M FOREST LAWS. Titles. PtotIbo. State For- estry Reser- ration Com- mliislon . iriiall hare notice. Report. Wajrant and patent. Non-payment of ralnation. of Internal Affairs shall withold the granting of the warrant. If payment is made in accordance with such ap- praisement, the money so paid shall be ijmmodiately turned into the State Treasury, and the Secretary of Internal Affairs shall grant title to the applicant for tlie 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 laud, together with a de- scription thereof as ascertained through, said investiga- ti(m and survey ; whereupon 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, jmake report to tlie 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- priated 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 Departjment of In- tem.Tl 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 FOREST liAWS. 285 payment within the time specified, he shall be deemed to ha\e abaudoned the purpose of securing a grant from the Commouwealth 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 or the appraisers as hereinbefore provided : Provided however, That in cases where caveats are filed and pending before the Board of Property, the tijme shall be extended to cover their determination by that board. Section 3. That on and after the passage of this act, 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 streams which are by law declared public highways. Section 4. That whenever the State Forestry Reser- vation Commission shall apply for vacant or unappro- priated land for forest culture or 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 purchas^e 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, piior 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. PrOTlBO. Beds of narlgable rivers, etc. Application of Forestry CommlBslon. Pre-emption rights. Surveyg. Excess or snrplas . ProTlso . Payment ol purchase money . Prior war- rant, etc. 206 Act of March 28, 1905, cited for repeal. Repeal. FOREST LAWS. 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 desirablo 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 the provisions of this act, are also hereby repealed. Approved— The 3d day ©f May, A. D. 1909. EDWIN S. STUART. ! 1909, P. L. 744. Annual charge. Bow pay- able. TAXES FOR SCHOOL PURPOSES. An act providing a fixed charge on lands acquired by the State for forest reserves, and the distribution o* the same for school purposes in the townships and boroughs wherein State reserves are located. 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 two cents per acre for the benefit of the schools in the respective districts in \vhich 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 tlie assessed valua- tion in said school district. Section 2. The Commissioner of Forestry shall cer- tify to the respective school districts throughout the Commonwealth in which forest reserves arc located, and to the State Treasurer, the number of acres own- ed by the Commonwealth therein, for forest reserve purposes, 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 said school districts, which said warrants, after the FOREST LAWS. 297 approval and counter signature of the Auditor Gener- al of the Commonwealth, shall be paid by the State Treasurer to the respective school districts in whose favor the same may be so drawn ; and the sum of forty tliousand dollars, or so much thereof as may be necessary, be and the same is hereby specifically 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. SETTING FIRE TO FORESTS. An actto protect the State Forest Reserves, and pro- 1911 p. i^, viding punishment for the violation thereof. 163.' Section 1. Be it enacted, &c., That if any person Forest shall wilfully, negligently or maliciously kindle a fire Reserres. 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 Kindling of or maliciously set fire upon adjacent lards, which fire upon or fire shall be communicated to the State Forest Re- ""'it^il^- 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- Penalty, prisonment not exceeding six months, eith'^r or both, at the discretion of the court, together with costs of suit. Section. 2. If any person, without the consent of lnjury.de- the Commonwealth or any of Uer agents, shall wil- fj^^o^^of' 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 298 FOREST LAWS, Penalty. Mutilation, deetmction. etc., of mlei or notice*. Penalty. DlBpoBltlon of fines. "Person" defined. Repeal. of a misdemeanor, and upon con\iction 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. I 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 relating to forest administration, which may be posted therein by the Department of Forestry or any of its officers or agents, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding one hundred dollars for each offense, or imprisonment not exceedin.g 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 committeed in violation of this sec- tion unless it shall affirmative appr^ar 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, artifical 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 herewith are hereby i*epealed. Approved — The 5th day of May, A. D. 1911. JOHN K. TENER. FOREST LAWS, 299 PURCHASE OF LANDS BY FEDERAL GOVERNMENT. An act empowering the United States of America to acquire land in the State of Pennsylvaiua for Na- tional Forest Reserves, by purchase or by condem- nation proceedings ; and granting to the United States of America all lights necessary for control and regulation of such reserves. Section 1, as amended by Act of April 21st, 1921, P. L.— Section 1. Be it enacted, &c., That the United States of America is hereby empowered to acquire, by purchase or by making adequate compensation under condemnation proceedings, such lands in Pennsylvania as, in the opinion of the Federal Government, may be needed for the establishment of National Forest Re- serves in this State, in accordance with an act of Con- gress, entitled "An act to enable any State to co- operate 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 navigable 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 Sup- ply Commission shall be first had and obtain -d : Pro- vided further, That the Commonwealth of Pe;insyl- vania shall retain a concurrent jurisdiction with the United States in and over such latids so far that civil ]after to be acquired by Pennsylvania as and for a State Forest Reserve. Section 5. Nothing in this act shall l)e construed to re])eal or invalidate or in any way affect the pro- visions of an act of Assembly, appjoved the twcMity- second day of Aj»ril, one thousand ninv hundred and five, etititled "An act to jireserve the purity of the waters of the State, for the protection of the p'blic health," or the provisions of an act. approved the twenty-seventh day of April, one thousand nine hun- dred and five, entitled "An act cr(^•Iting a Department ©f Health, and defining its i»ow«ms ad duties," (U" the provisions of an act, .approved the fourteentli day of May, Anno Domini one thous.-uid nine hundre«l and nine, entitled "An act to safeguard human life^ jitkI bealtli throughout the Conuuonwenlth by providieg regnlatioiis for the control of certain comnui' iejihle diseases and the previ>ntion of infection ther froin, and j)rescribing penalties for the violation of said regulations." Approved— The 11th day of May, A. D. 1011. JOHN K. TENER. 1911, P. 679, Trees. L. Wilful and malicious In- jury. PROTECTION OF SHADE AND FRUIT TREES ALONG HIGHWAYS. An act for the protection of shade trees and fruit-trees growing on or along any highway, street, or road. Section 1. Be it enacted. &c., That any person who shall wilfully and malicitnisly club, stone, cut, break, climb upon, injure, or destroy any shade-tree or any fruit-tree, growing on or along any street, road, or other highway, shall be guilty of a misde- meanor; and upon conviction thereof, before any al- FOREST LAWS. 801 derman, mngistratr, or justice of the peace, shall be seiitoiiood to p.iy n firw uol exceeding ten dollars or to Penalty, undrrgo nu irsiprisoiniont in the jail of the proper county not exc'rding live (hiys, or both, at the discre- tion of the aldornnin, magistrate, or justice. Approved — The 7th day of June, A. D. 1911. JOHN K. TENER. PROTECTION FROM FOREST FIRES AND CUT- TING OF TIMBER. An act to protect trees and woodlands, and providing punislunent for violation thereof St'CtioTi 1. r»«' it enacted, &c.. That if any person shall wilfully, negligently, or maliciously set on fire, or cause to !)<■ set on fire, any woodhauls, within this (^onunonweiilth, or shall dii-ectly or indirectly, without the consent of the owrer. cause fire to burn therein, or shall wilfully, negligently, or maliciously set fire upon adjacejit lands, whicli fire shall bi- communicated to woodhnuh ; such persoTi shall be guilty of a mis- dem-'anor. ard on conviction thenof be fined not ex- ceeding one thousatul dollars for each offense, or im- prisonment not excecMling six months, either or both, at the !' h fi- od not e\'cee< ling fie hundr d dol- lars for each offense, or imprisonment not exceeding three iiHMuhs. either or hoih, at the discretion of the court, togetliei- with costs of suit. Sectioji .S. If any person shall purchase •r receive a tree or trees, knowing tht> same to have been cut or removed without the consent of the owner thereof; or shall purchase or receive any logs^ planks, boards, 1911, P. L. 861 Trees and woodlamda . Injury, de- Btniction or removal of trees . Penalty . Unlawful purcliase etc. 302 FOREST LAWS. Penalty. Double dam- ages. Treble damages. Betaking of property . Refusal . Penalty. "Person" defined. "Woodlands' deftned. 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 the conviction thereof shall be subject to the punishment provided in section two of this act. Section 4. If any person sliall wilfully, negligently or pialiciously cut down or fell, or employ any person to cut down or fell , a tree or trees growing upon the laud of another, without the consent of the owner, such person shall be liable to pay to the owner double the value of such trees so cut down or felled, and in case of the removal from the land where grown, and the conversion thereof, treble the value, to be recover- ed in an appropiiate action, with costs of suit ; and no 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 damiiges herein provided, the owner of such tre(^s may follow the same and retake them from the possession of any ])"rsoM , and \v]i"re •oe>('r they may be id'nifified at-d found ; as well as in the same manner retake all ma- terial into which said trees may have been converted wlu-never the same may be ludmt tied and found; and without any liability on the part of said owner for the retaking of his own property and restoring 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 tlie same to the owner thereof, after due proof of ownership shall have been made, sucli persoa y\\:\\] h equ lly guilty of misdemeanor, apd upon conviction tiieroof subject to the punishment i)rovided in section tv.'o of t' is act. Section 5. The term "person"' ;is useil i i llris act, shidl include not only individuals or natural persons, but as well artificial persons, existing only in con- templation of law, and shall be coi-stnnMl to mean partnerships, limited partnerships, joint stock com- panies and corporations, and the officers, agents, and employes of the same. Section 6. The term "woodlands," in this net, is intended to include, and shall be contnied to mean woods, farmers' woodlots, marshes, moors, brush, barrens, brush lands, and wild unseated uncultivated land. FOREST LAWS ao3 Section 7. All fines which shall be collected or Fines, paid under 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. LEASE FOR CHURCH, SCHOOL AND RECREA- TION An act authorizing the Department of Forestry t» lease protions of the State Forest for church, school, . health 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 board of Penn- sylvania, such portion of the State Forest as the De- partment may deem suitable, as a site for a temporary building to be used by such citizens 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 the State school fund of Pennsylvania.* Approved— The 27th day of March, A. D. 1913. JOHN K. TENER. 1913. P. L. 12. Forrest Reserves. Lease of sites for temporary buildings. Bents. *By amendment to the School Code, Section 2701 and Sec- tion 2702, approved June 4, 1915, infra page 330, all re- oeipts from State Lands are paid into the State School Fund of Pennsylvania. 804 FOREST LAWS, 1913, P. li. 426. Auxiliary Forest Re- ■erre. Classifica- tioiut, etc. Notice of •wner. CJontents.. Examina- tion. Report. Duty of connty oom- missioners. AUXILIARY FOREST RESERVE LAW. An act to classify certain surface lands as auxiliary forest reserves; to prescribe the terms and condi- tions for their continuance in said classification, or their withdrawal tJierefrom ; and to provide for the expenses attendant thereon. Section 1. Be it enacted, &c. , That in order t« en- courage the growing of such trees, now existing or hereafter pro'duced, as will at the proper age be suit- able for merchantable forest products, whether such be of natural reproduction or from seed sown, ©r trees planted out, or all combined, all surface land which may 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 they 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 and principles of forestry, and a report made thereon, and if, upon receipt and consideration of such report, it decides that such land 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 which 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 FOREST LAWS . W5 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 sufficiently large and suitable for merchantable forest products, or the land be devoted to other purposes: Provided, ptotIbo. 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 thereon, according to the instructions and directions P"ee™«at. 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 trees growing on said land as agreed with the com- Failure to mission, and due proof thereof is made, the commis- care for sion may remove said surface land from the class es- *r^®8. tablished by section one of this act. In case of such Remoral removal, either through failure of the owner to care 'ro™ clagslfl- fer the trees or on his expressed desire for removal *'*****^- before the trees shall have been cut at maturity and tax paid thereon, the county commissioners shall on notice from the commission, proceed to recover Becorery of 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 tlie 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 ©wner 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 the class established by section. one of this act, require the owner to file with the commission his or its bond, Owner to fll« of such kind and amount as the commission shjill bond, 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 20 306 FOREST LAWS, Cnttin^ of timber. Remoral and marketiiis; . Replanting etc. Expense*. Right of owner. Sale or In- combrance. of the owner or on its own motion, make an examin- 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 such surface land shall remain 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- tion of the said surface land by the commission shall be paid for out of the 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 reserves shall, at all times, have the riglit to remove 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 form 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 or through the owner thereof, but no sale or in- FOREST LAWS. WT cumberance, whether voluntary by the owner or in- voluntary under any statutory or judical 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 fi-om said class only in accordance with the provisions liereof. Section 8. That all acts or parts of acts incon- Repeal, aistent herewith be and the same are hereby repealed. Approved— The 5th day of June, A. D. 1913. JOHN K. TENER. TAXATION OF AUXILIARY FOREST RE- SERVES. An act to provide for the assessment and taxation of 1913, p. l. auxiliary forest reserves, and the collection, distribu- 405.' tion and use of the taxes collected therefrom. Section 1. Be it enacted, &c., That all surface Auxiliary land which may hereafter be classified and set apart forest as auxiliary forest reserves, in the manner provided reserves . by law, shall be rated in value, for the purpose of taxation, not in excess of one dollar ($1.00) per acre and shall continue to bo so rated so long as the Assessment said land remains within the class designated as and taxation, auxiliary forest reserves: Provided, however, That if the said surface land be underlaid with coal, iron •re, oil, gas, or other valuable minerals, said min- erals may be separately assessed. The assessors in Minerals, the several districts in which such lands are situate shall assess such lands in the manner now or here- . after provided for the assessment of real estate for ^^essimen . purposes of taxation, as if they had not b<^en set apart as auxiliary forest reserves, and shall make their returns to the county commissioners in like manner as is now or hereafter may bo provided by law, subject to exception, appeal, and final adjust- i^et'i™'' ment. Section 2. Upon receipt of assessment returns Reduction of from the various assessors, the county commissioners aBsessment. shall reduce,, in their records, to a sum not in excess 106 FOREST LAWS. Timber abont to be har- Tested. Bond. Payment to county treasurer. DlBtrlbutlon of fond. Lien. PrOTlBO. Buperrlsort . Appropriation of fnnd. of one dollar ($1.00) per acre, the assessmejit on all those lands which shall have been placed in the class known as auxiliary forest reserves, it) ac'-ocdance- with certificates filed with them by the Star*' For- estry Reservation Commission, and the orij;in;d as- sessment returns made by said assessors shall he pre- served. Section 3. Whenever timber, on land which is in- cluded in the class of laud known as auxiliary forest reserves, is about to be harvested, tiie thru ownor of the timber on said land shall give a boid to the county treasurer in twenty per centum of the amount of the estimated value of the timber to b ■ harxcstrd, and to be api)rovbd by the court of the county, (on- ditioned to pay to the county treasui«r. within ninety days after harvesting, ten per ct'iitum of the value of the tre<>s immediately at and bi-fo e th time of harvesting; which amount shall be ascertained by statement and return, under oath or affirnuuio'i, fur- nished in triplicate, one to the county commission- ers, one to the county treasurer, ai d oik- 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 treasur<>r of each county — to the county, and the poor district, the road district, and the school district of the township in which the {luxiliary 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 ascertaiiwd to be due as a tax by the filing of the foregoing statemeJit and re- turn, under oath, and, as hereinbefore provided, di- rected to be paid to tiie county treasurer by the owner of an auxiliary forest reserve, shall, from the time for such filing, be and n^main a lien uj)Ou 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, main ten nnce, 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 FOREST LAWS 309 reserves abut on such highways, then said moneys shall bo used for general township road purposes. Section 4. Should the county commissioners be dissatisfied with the return made, as hereinbefore pro- vided in section three hereof, the court of common- pleas of tlie 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 qunntity and value of the trees immediately at and before the time of harvesting, and make a return thereof to tlie court, which said return shall then be made the basis upon which each owner shall mnke payment to the respective county treusur rs, unless ch.-inged upon appojil. The said appraisers shnll be duly sworn or afhrmed before entering uiion their work, and either party, if dissatisfied with the report of the appraisers, shall have right of appeal t(» 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 apiiraisers shall be allowed their expenses and a compensation to be 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 kiiown as auxiliary forest reserv(^s, prior to the maturity of the timber, and without payment of the tax of ten percentum of the value thereof; as provided in section three of this act, the coutity commissioners shall, on notice from the com- mission, ascertnin the amount of the taxes which wi»tild have been paid by the said owner on the original assessment, before the reduction pro\ided for in section two of tliis act, adding legal interest from the date when ea(!h tax payment would h ive bfcome delinquent. The said commissioners shall likewise ascertnin the amount of taxes wluch have actually been paid upon the land in questioiT, adding legal interest upon all such paynu^nts 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 difference between the two amounts, with costs. Such difference, so ascertained to be due as tax as afore- said, sluill be and remain in lien upon the laud of such owner until payment shall have been made. If the return is not satis- factory . Appraisers . Return . Oath. Appeals . Expenses ajid compen- sation . RemoTal of lands from classification prior to maturity of of timber. Notice . Ascertain- ment of tax due. Certificate . 310 FOREST LAWS, Kemoral from class after maturi- ty, etc . When act shall take effect . 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 laud shall thereafter bo liable to assessment ar.d tax as all other land not classed as auxiliary forest reserves. Section 6. This act shall take effect only brginning with assessments made for the puipose 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. 1913, P. L. 408. AuxiUary forest reserves . Annnal chargrp on for school and roads, purposes . Payable hy the State . Certificate acreage, etc. TAXATION OF AUXILIARY FOREST RESERV- ES FOR SCHOOLS AND ROADS. An act providing a fixed charge on land classified a» Auxiliary forest reserves ; and the distribution sf the fund thus set aside for school and road pur- poses. Section 1. Be it enacted, &c.. That all lands which shall hereafter be classified as auxiliary forest reserves shall be subject to an annual chai-ge of two cents per acre for the benefit of the schools, and two cents per acre for the b(>n(>fit of the roads, in the respective districts in which said n^serves 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 wliich 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, furtliermore, certify to the State Treasurer the number of acres as aforesaid, and the charge against the same, in favor of the respective sehool and road districts. The State Treasurer shall, upon the approval of the proper warrants of the commis- FOREST LAWS, 311 sion, pay to the several school districts and road dis- Paym«it. 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. LANDS PURCHASED AT TAX SALES. An act directing the county commissioners of the several counties to offer for sale to the Depart- ment of Forestry tracts of land which they may have purchased 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 connty 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 convenience of lands for taxes, the •aid 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- sioners, in making such offer, shall describe tlie laud by giving the name of its former owner, it location, warantee name or number, and its adjoiners. They •hall 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 lion and accrued to the time of mak- in 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 1915, P. L. 140. County Ooan- misslonera . Sale of landa to Depart- ment of Forestry . Forest reserres . Description. Draft. 312 FOREST LAWS. Cost of draft. Bxamination and ralua- tion. Title. Remoral of objections . 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 arc 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 prepared 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 disclo.=?e that the title is marketable, and. of such character as can be safely accepted, the department shall prepare a deed to be executed by the commissioners, conveying such land to the Cojmmonwealth 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 n»w or hereafter fixed by law for the purchase of laud by the Department of Forestry for forestry purposes. Section 3. That if the title examination shall dis- close incumberances upon the land, or other objec- tions, which, in the judgment of the Department of 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 FOREST LAWS 313 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- Repeal. flict herewith are hereby repealed. Approved— The 21st day of April, A. D. 1915. MARTIN G. BRUMBAUGH. DISTRIBUTION OF FOREST TREES. An act authorizing the Department of Forestry to grow and distribute young forest-trees, and restrict- ing 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 such 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 trtes 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 t» secure their proper planting. Section 2. That all such young forest-trees, which shall be distributed as aforesaid, shall not be sub- ject to sale in the hands of the applicant, but shall 1915, p. L. 155. Forestry . Forest trees. Distribu- tion. Agreement. May not be sold. 314 FOREST LAWS, Bei)eal . 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. 1915, P. L. 156, as amended by the act of May 29th., 1917, P. L. 809. EXTENDING DUTIES OP OFFICERS. An act extending the powers and duties of foresters, forest rangers, game protectors, deputy game pro- tectors, special deputy game protectors, fish-war- dens, and deputy fish-wardens of this Common- wealth. (For text of this act see page 46.) 1915, P. L. 481. Department of Forestry. Limit of pur- chase price of lands for forest re- serves . Repeal . PURCHASE PRICE FOR FOREST LANDS. An act to enlarge the limit of purchase price to be paid by the Department of Forestry for lands to be purchased and used for State forest purposes. Section 1. Be it enacted, &c. , That the limit of purchase price to be paid by the Department of For- estry for land hererfter to be purchased by it, and used for State forest purposes, shtill not exceed the sum of ten dollai's 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. FOREST LAWS. 315 BUREAU OF FOREST PROTECTION. An act to establish a Bureau of Forest Protection 1915, P. L. within the Department of Forestry; designating the ''^'^ • officers who shall constitute the Bureau, their du- ties and salaries ; prescribing penalties for the violation 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, «S:c., That a Bureau of Department Forest Protection is hereby established within the °' Forestry. Department of Forestry. The persons apriointed Bureau of thereto or assigned to duty therein shall be subject to Forest Pro- the authority and under the control of the Commis- tection. fiioner of Forestry. ARTICLE I. Chief Forest Fire-Warden. Section 101, as amended by act of May 17th, chief Forest 1921, P. L. — Fire-warden. Section 101. * Appointment. — Immediately after this act becomes affective, and thereafter whonevcr a vacancy occurs, the Commissioner of For; stry shall appoint a forester in the employ of the department to Appointment. be Chief of the Bureau of Forest Protection, who by virtue of his appointment, shall immediately become and bo chief forest fire-warden. Section 102. Duties: — (a) It shall be the duty of the chief forest fire- warden to take such measurers for the prevention, control, and extinction of forest firos 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 horeby created, and 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 firewarden shall divide the •See also Sec. 1 (d) Act of May 17, 1921, page 269, and Sec. 301, of this act as amended, page 318. 316 FOREST LAWS. State in forest fire districts, for the organization of an effective forest fire-warden system. (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 hia 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 meims 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 persons, firms, corporations, or associations, upon satisfactory terms, for the successful accomplishment of forest fire prevention or control. FOREST LAWS. 117 (k) He shall conduct such educational work In relntion to forest fires as may be approved by the Commissioner of Forestry. {]) lie shall audit all bills incurred under this HCt. n<' shiill approve those which are correct and should b»' 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 Treai- urer, he shall send them to the persons entitled ther<>to. (n) lie shall have authority to declare a public nnisanse any property which, by reason of its con- dition or oporation, is a special forest fire hazard, and, as such, endangers other property or human life. (o) lie 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 ©f a rsiil- road, such notice shall be served upon the superin- tendent of the division upon which the nuisance exists. (p) He ;hall collect and arrange information ob- tained coneeriiinj, violation of laws relating to the protection of forests from fire, and present the same to the Commissioner of Forestry, who shall file it witii the Attorney General for legal action. Section 30.3, as amended by act of May 17th, 1921. P. L.— Section 103. The compensation of the chief forest firt-warden shall be his salary as chief of the Bureau of Forest Protection, and his salary, and all neces- sary expenses incurred in the performance of his du- ties, and all salaries and wages of the Bureau of Forest Protection, shall be paid from the appropria- tion for forest protection. 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 318 FOREST LAWS. the chief forest fire-warden; and, from time to time, may assign such other clerical assistants to the be- reau as may be necessary. ARTICLE III. District Fire-Warden. Section 301, as amended by act of May 17th, District ii ^^-^' ^' ^'~ ■wardena. ^ Section 301. Appointment. — As rapidly as forest districts are created they shall become also forest fire districts, and the district foresters appointed to take charge of them shall become, by virtue of their ap- pointment, and be 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) The district fire-warden shall be responsible for tlie collection of data, within his district, neces- sary for accomplishing properly the puposes 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 patroll'd, and re- garding such other matters as may come to his at- tention which would tend to improve the protective system. (d) He shall arrange for annual meetings of fire- wardens within his district, for 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 the local fire-wardens before submitting them to the chief forest fire-warden. *See also Sec. 1 (d) Act of May 17 th, 1921, page 269, FOREST LAWS. 818 (g) He shall act as an 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 Commissioner of Forestry or the chief forest fire-warden. Section 303, as amended by act of May 17th, 1921, P. L.— Section 303. The compensation of each district fire- Compen«»- warden shall be his salary as district forester, and tion. such salary, and all necessary expenses incurred in Payment of the performance of his duties, also the salaries, wages, expenseg, and necessary expenses incurred in the performance ®^^- ^ '*"• of the duties of the forest officers, assistants, and ^^ ** **'** labor employed in or assigned to his forest district, as well as the other necessary expenses in the way of rent, material, equipment, et cetera, of his said dis- trict ^ may all be paid from the appropriations for forest protection and from other items of appropria- tion for the Department of Forestry, respectively, in proportion as such salaries, wages, and neces- . iary expenses are incurred for forest protection or for the other administrative work of the Department of Forestry, the proportion to be paid from the ap- propriation for forest protecti'^n under the above rule to be determined from time to time by the State Commission. 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 in which he is located. WTiere 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. 820 FOREST LAWS. Section 402. Appointment. — Local fire-wardens ■hall be appointed by the chief forest fire-warden in such localities as he may deem necessary. Section 403. Certificates of Appointment. — Every person appointed a forest fire-warden under this act •hall be given a certificate of appointment, issurd by the 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 in 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, apon forms to be furnished by the department ; w hi(h statement must be verified by oath or afiirmation, and must be filed with the district warden, and by him forwarded to the chief forest fire-warden within sixty days of the date of fire. (c) He shall promptly investgate the cause of each fire which comes to his knowledge, collect such evidence 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, as amended by act of May 17th. 1921, P. L.— Loc«i for- Section 405. Compensation. — Each local forest fire- ent flre-w«i- warden shall be paid at the rate per hour, to be fixed dens. from time to time by the State Forest Commission, FOREST LAWS. n«t eiceedine a maximum of 50 cents per hour, for ?he toe actuafly employed in the performance of his duties He si^afl also be paid for the necessary ex- pense, incurred in the Pe^foF^^°,V^^,t/?X th^ local forest firewarden shall not be paid from the forest protection appropriation in any one month an amount"^ in excess of $75-00 unless he shall have been regulary employed as a patrolman or otherwise. ARTICLE V. Special and Ex-Officio Forest Fire-Wardens. Section 501. The chief forest fire-warden may ap- poh't persons who will, serve -it^out compensanon ig snecial or as ex-officio forest fire-wardens, iney Jhall have the same power and authority as loca •orest fi/e-wardens, but their duties may be changed ir extended by the chief forest fire-warden. Section 502. Foresters with rangers m the employ ,f the Department of Forestry shall be forest fire- ^tc^^^m" special and e-mcio forest fire-war- n the performance of their duties as fire-wardens. ARTICLE VI. General Powers. Section 601. A fire-warden shall have authority ■o employ such other persons as, in his judgment, nav^e necessary to render assistance in extinguish- es firo-n ml whenever it shall not otherwise be pos- °ble fo^ Wm to secure a sufficient number of persons -bassist irextingushing fire he is hereby authorized ■o compel the attendance of persons and to require ■hem ?o render assistance in the extinguishing of fire. ^irctr OOr rrrfwar^en'sha^^^^^^^^^^ authonty to administer an oath or affirmation m order to cx- amTne any person who he believes knows facts relat- ing to any fire, or who claims compensation for services rendered. 31 321 822 FOREST LAWS. Section 603. Every official provided for by this act^ shall h;,v<>nntl.ority to o„tor n„oT, ,nM lamlTnny ai!?e heri.wUJi^"''^*^^* °^ performiug duties in accord- Section (>04. A fire-warden shall have nowpr tJ arrest on view, without first procuring a wTrr'nt any person deteeteg employment with such owner or lessee, nor any other person with a present vested interest in such land. shMll receive compensation under this act for extingjjishing fire upon his land or the land to which his interest is at- tached. No person who is responsible for the spreadinj? of a fire to a woodlot, forest, or wild land, nor siny 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 n gu- lations for tlie prevention of forest fire as may be deemed necessary by the chief forest fire-wanlen, pro- viding the regulations be approved by the Public Ser- vice Commission. 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 fire incurred under tliis act, shall be honored by the chief 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- 324 FOREST LAWS. rants against the general forest protection appropria- tion in favor of the persons and for the amounts shwwn by the approved bills. ARTICLE X. Penalties. Section 1001. Penalty for Neglect of Duty. — If a fire-warden shall fail to perform liis 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 one month, or both, in the discre- tion of the court. Section 1003. Penalty for Hindering an Officer in his 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 comply 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- FOREST LAWS, • 825 viction thereof shall be sentenced to pay a fine of not more than one hundred dollars, or undergo imprison- ment not exceeding one month, or both, in the discre- tion of the court. In constructing 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 flie 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 ofPense, or undergo imprisonment not exceeding six months, or 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. 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 sura of one hundred dollars, to be re- covered by an action of assumpsit, instituted in the *$250.00 reward for information leading: to the arrest and conviction of any person or persons responsible for an Incen- diary forest fire will be paid by tlie Department of Forestry. FOREST liAWS. name of the Commonwealth by the Attorney General in the court of common pleas of Dauphin County, which court is hereby clothed with exclusive juris- diction throughout the Commonwealth t« hear and determine such actions. Every day's continuance in refusal to comply with such regulations, after a notice from the chief forest fire-wardon and the lapse of a reasonable length of time for the 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 bo paid to the treasurer of the county in which suit is broug^it, 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 v.-ork. The salaries of such 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. ARTICLE XII. Section 1201. This act shall take effect June first, one thousand nine hundred and fifteen, or, if ap- proved subsequent to that date, upon date of approv- al. All appropriations for forest 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. FOREST LAWS. 327 ARTICLE XIII. Repeal. Section 1301. All acts or parts of acts inconsist- ent with or supplied by this act are repealed. Approved— The 3d of June, A. D. 1915. MARTIN G. BRUMBAUGH. CO-OPERATIVE AGREEMENTS TO PREVENT FIRES. An act to permit the Department of Forestry to enter into co-operative agreements with county, township, municipal, and private agencies for the prevention and suppression of forest fires, and providing a method of payment of the expenses arising there- under. 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 apropriation, 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 agencies in accord- ance with such agreements. All expenditures must first be presented to the Department of Forestry in monthly statements, in form and manner prescribed for the payment of any sum from the forest fire ap- propriation. The Commissioner of Forestry shall audit the same and transmit them to the Auditor General, who shall tlien draw his warrant for one- half of the amount of expenditures approved by the Commissioner of Forestry. Section 2. That every county, township, munici- pal, or private agency working under agreement with the department, in accordance with this act, shall 1915, P. L. 815. Department of Forestry. Co-opera- tive agree- ments for the preven- tion and sup- pression of forest ftres. Monthly statements. Audit . Warrants. Annual re- port. 328 FOREST LAWS. Repeal . 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 ro- 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 with or supplied by this act are repealed. Approved — The 4th day of June, A. D. 1915. MARTIN G. BRUMBAUGH. 1915, P. L. 816. Department of Forestry. Grant of rights of way through State forests "Right of way" de- fined. Repeal . RIGHTS-OP-WAY THRU STATE FORESTS. An act empowering the Department of Forestry to grant rights of way through the State forests. Section 1. Be it enacted, &c., That the Depart ment of Forestry is hereby empowered to grant rights of way through State forests to individuals or cor- porations who may apply therefor, when it shall ap- pear to the department that the grant of a right of way will not so adversely affect the land as to inter- 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- by construed to include a passage, haulage, flowage, or transmission for any lawful purpose. 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 G. BRUMBAUGH. FOREST LAWS. S29 PURCHASE OF SURFACE RIGHTS. An act authorizing the Department of Forestry to pur- chase surface rights to lands, 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 interferred 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. BRUMBAUGH. 1917, P. Jj. 166. Department of Forestry. Purchase of surface rights to land. Outstanding rights . Repeal . LEASING LANDS FOR AGRICULTURAL PUR- POSES. An act permitting the Department of Forestry to lease 1917, P. l. for agricultural purposes small areas of land which, 781. from time to time, it may acquire in the purchase of lands for State forests, and which areas shall be determined to be more useful for the growing of agricultural crops than for forest-trees. Section 1. Be it enacted, &c., That, whenever the o/^p^^t?^ Department of Forestry shall acquire lands for State forest purposes, included in which in the judgment of the Department there may be small areas better suited for ordinary agriculture than for the growing f •f fo rest- trees , the Department may execute leases for 830 FOREST liAWS. Leasing of small areas of land for agricultnxe . Term of leases . Renewals . Advertise- ment of sale of leases. Removal of buildinjrs and fences . Certain lands not to bo leased. 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 condition 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- ter suited for agriculture than for other purposes. Section 2. All leases for such agricultural areas shall be for a term not exceeding ten years, 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 more 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- estry. Section 4. At the termination of any such lease the lessee shall have the privilege of removing from the 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. Section 5. Where such land must necessarily be 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. 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- FOREST LAWS. 331 wealth, together with all water-p©wers and water- rights belonging to this Commonwealth in the streams, rivers, lakes, or other waters of 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 Stiite Board o.f Education. AH receipts derived in any way fr«m, 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 furfd, 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 add to such funds the interest received from the de- positories for the use of the same. All income de- rivpd from any investments of the State school fund shall be paid to the State Treasurer, and kept de- posited as herein provided in a sei>arate 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. How consti- tuted . Proviso. Control and manage- ment. Separate account . Income. MARTIN G. BRUMBAUGH. 332 FOREST LAWS. Apr. 18, 1919, P. L. 78. State forests. Charge thereon . For county purposes. Return by Commis- sioner of Forestry, Payment by State Treas- urer. Repeal. TAXATION FOR COUNTY PURPOSES. An act providing a fixed charge on lands acquired by the State to be held as State forests, and the dis- tribution of the same for county purposes within the counties where State forests are located. Section 1. Be it enacted, &c., That from and after the passage of this act, all lands now acquired or hereafter to be acquired by the Commonwealth for State forests, shall be subject to an annual charge of one cent per acre for the benefit of the counties in which said State forests 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 tJie fixed charges upon State forests for road and school 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. Act April 12th 1921, P. L. — Snyder-Mld- dlloswarth Park. Tx^catloin . Name. Commission . Term. SNYDER-MIDDLESWARTH STATE PARK. An net providing for the establishment and the regula- tion of a State park, to be known as the Snyder- Middleswarth State Park. Section 1. Be it enacted, &c. That a certain tract of forest land of five hundred acres, owned by the Commonwealth of Pennsylvania and located along and west of Swift Run in Jacks Mountain, is hereby set apart as a State park, and shall be known as the Sny- dor-Middleswarth State Park. Section 2. The Governor is authorized to appoint a board of commissioners of ten citizens of this State, which shall be known by the name and style of "Sny- der-Middleswarth Park Commission." The State For- estry Commissioner shall be a member ex-officio of said board. The terms of the members of the commission shall be at the pleasure of the Governor, and he is FOREST LAWS. 883 authorized to fill any vacancy occurring in said com- mission. No member of such commission shall receive Oompensa- any compensation f«r his service as such, but shall ^^^' be reimbursed for all actual expenses necessarily in- curred in the discharge of his duties. Any five of said commissioners shall constitute a quorum at any stated Quorum, or specially called meeting of the board. Section 3. The board of commissioners and their Powers, successors are hereby constituted a body politic, with power to sue and be sued, to adopt and use a common seal, and to adopt by-laws te regulate its proceedings. The board shall annually choose, from among its mem- bers, a president, vice-president, a treasurer, and a Officer*, secretary. It may appoint such other officers or em- ployes as it may deem necessary to carry out the pro- visions ©f this act. It may also determine the duties and compensation of its appointees, subject to appro- priations made for such purpose by the General As- sembly. The board may make all reasonable rules or Rules and regulations respecting the appointment, compensation, regulations, and removal of such employes, not inconsistent with the laws of this Commonwealth. Section 4. Such commission shall have power to Location, definitely locate and mark the boundaries of the said State park in the forest land of the Commonwealth Area, heretofore described. The area of said park shall not exceed five hundred acres. Section 5. It shall be the duty of the commission to preserve, care for, lay out, and improve the said park and to make reasonable rules for its use, maintenance, and government. The commission shall also have the power to lay out, construct, and maintain roads avd Roads, pathways across and over said park, and, for this purpose, may acquire rights of way upon and across any intervening lands so as to connect such park roads Acquisition with public roads. For the purpose of obtaining lands of land, necessary to lay out and construct any such roads, the commission is authorized to acquire the same by purchase or by condemnation proceedings, and such ^j^afn. condemnation proceedings shall be conducted in the same manner and in accordance with the same laws now in force providing for the acquisition of land for State highway purposes. ^ Section 6. The moneys necessary for the payment aonja"' of the expenses of the commission, the salaries of its appointees, for the maintenance and improvement of Rules. Approprla- 334 FOREST LAWS. the park, and for the acquisition of lands, shall be paid from apropriations made by the General Assembly for such purposes. Approved— The 12th day of April, A. D. 1921. WM. C. SPROUL. Act of May 5th 1921, P. L. — State For- est Com- mission . Exchange of State for- est land. Sale of State for- est land. Deeds. EXCHANGE OR SALE OP STATE FOREST LANDS. An act authorizing the State Forest Commission to ex- change or sell certain portions of the State forest land, and providing for procedure. Section 1. Be it enacted, &c., That whenever the State Forest Commission shall determine and declare, by a resolution adopted unanimously at a meeting when a majority of its members are present and voting and approved by the Governor, that it will be to the advantage of the State forest interests, said State Forest Commission may, by such resolution so ap- proved, authorize either of the following actions to be taken : (a) That, after such public hearing as the State Forest Commission may prescribe, any State forest land, together with the buildings, improvements, and appurtenances thereof, may be exchanged for private- ly owned land of equal or greater value and at least equally adapted to State forest purposes. (b) That, after the advertisement provided for in section five hereof, any State forest land, together with the buildings, improvements, and appurtenances thereof, declared by said resolution to be more valu- able f«r other use than for State forest purposes and not needed for use in the administration and protection of the State forests, may be sold to the party or parties offering the highest price then^for. Section 2. Upon the adoption ©f any such resolu- tion, the Attorney General shall prepare the necessary deed or deeds to consummate the exchange or sale pro- vided for and authorized in section one hereof, and the Governor of the Commonwealth is hereby authorized to execute such deed or deeds for and on behalf of the Commonwealth of Pennsylviuiia, and affix thereto the FOREST LAWS. B80 seal of the Commonwealth, all to the intent and effect that the title of the State forest land, together with its buildings, improvements, and api»nit«nances thus exchanged or sold, may be vested in tlie party or par- ties entitled thereto pursuant to tlie resolution of thf^ State Forest Commission , but in case of sale no deed shall be delivered until the purchase price shall have been paid in full. Section 3. Before the exchange of lands pursuant to section one hereof, the Attorney General sli..ll (ex- amine and approve the title of the privately owiu'd lands to be received in exchange, and the deed or deeds from the Commonwealth of Pennsylvania shall be delivered only when a sufficient deed or deeds to the Commonwealth of Pennsylvania for the land to be re- ceived by the State shall have been appi^oved by the Attorney General, and delivered; and, immedintfly upon the execution, acknowledgment, approval, and de- livery of the deeds to the Commonwealth of Pennsyl- vania, the lands thus granted shall become and be a part of the State forests, subject to all the laws and rules governing the State forest lands. Section 4. All receipts from the sale of any State forest land shall be deposited in the treasury, and said receipts shall be, and are hereby, appropriated and made available until expended for use, separately or in conjunction with any other appropriations, for the acquisition of land for State forest purposes. Section 5. Before the sale of any State forest land under the power granted by this act, the State Forest Commission shall advertise such proposed sale, at least once each week for three successive weeks, in at least two newspapers published within the State, one of which shall be published in the city or town nearest the land to be sold. Section 6. All acts or parts of acts inconsistent with or supplied by this act are hereby repealed. Approved— The 5th day of May, A. D. 1921. Payment of purchase price. Examination of titles. Delivery of deeds. Disposition of proceeds of sale. Advertising . Repeal. WM. C. SPROUL. 336 FOREST LAWS. Act of May 20th 1921, P. L. — Department of Fisher- ies, Depart- ment of For- estry, and Game Com- missioners. Eminent domain . Right of entry. Petition to court. Appointment of viewers. Time of view . Notice of hearing. CONDEMNATION OF LANDS. An act providing for the condemnation by the Com- monwealth of lands suitable and desirable for forest purposes or game preserve purposes or the prepetua- tion and protection of fish ; and defining the powers and duties of the Department of Forestry, the Board of Game Commissioners, and the Department of Fisheries, respectively, in relation thereto. Section 1. Be it enacted, &c., That whenever the State Forest Commission, the Board of Game Com- missioners, or the Department of Fisheries desires to acquire land suitable and desirable for State forest purposes, for game preserve purposes, or for the per- petuation or protection of fish, respectively, and a price for such lands cannot be agreed upon with the owner or owners thereof, or where such owner or owners cannot be found, in all such cases the State Forest Commission, the Board of Game Commission- ers, or the Department of Fisheries is authorized to acquire the said respective classes of lands by condem- nation. Section 2. The Commissioner of Forestry, the Sec- retary of the Board of Game Commissioners, or the Commissioner of Fisheries, on behalf of the Common- wealth, may respectively enter upon any of such lands, and take possession thereof. Thereupon the Commissioner of Forestry, the Secretary of the Board of Game Commissioners, or the Commissioner of Fish-- eries, respectively, 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 appointment of viewers. The court shall appoint three viewers, and shall appoint a time, not less than twenty nor more than thirty days after the presentation of such petition, when the viewers shall meet upon the lands and view the same and all improvements in connection therewith. Section 3. The viewers shall give at least ten days notice of their first meeting to the Commissioner of Forestry, the Secretary of the Board of Game Com- missioners, or the Commissioner of Fisheries, as the case may be, and to the Attorney General, and to the owners of such land, if known. If the owners of such lands are unknown, notice shall be given in at least two newspapers in such manner as the court may FOREST LAWS. 837 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 sub- mitted to them in relation to which they are authoriz- ed to inquire and having viewed the lands and prem- ises, shall hear the parties and their witnesses, and shall estimate and determine the value of the property so taken. Where the owner of such lands and prem- ises is unknown, the viewers shall estimate and de- termine the value of the land and improvements upon the testimony 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 re- port and hear all exceptions thereto. If any owners of said lands arc 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 nec- essary, the viewers shall report to court showing 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 For- estry, the Secretary of the Board of Game Commis- sioners, or the Commissioner of Fisheries, as the case may be^ the Attorney General, and the owners of the land where known, which notice shall state that, un- less exceptions be filed thereto within thirty days af- ter the filing of the report, the same will be confirmed absolutely. 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- 22 Bw«aring of Tiewere . Estimation of damages. Hearing of objections to report. Notice. Report to court . Notice ef filing re- port. Exceptions. Conflrmatlon nl8l. 338 FOREST LAWS. Absolute confirmation . Jury trial. Appeal to Supreme or Superior Court . Payment of damages awarded . Costs. Where Land owners are unknown. ceptions are filed there t« within the time herein specifi- ed, the court shall make a decree that the report is confirmed absolutely, which decree 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 six months after a confirmation absolute on exceptions, or within six months after a verdict and final judg- ment on appeal for a jury trial, the Commissioner of Forestry, the Secretary of the Board of Game Com- misisoners, or tlie Commissioner of Fisheries, as tlie case may be, or the owners of such land, may appeal to the Supreme or to the Superior Court, as in other cases. Section 10. When the amount payable to the owner of such land has been finally determined, the same shall be paid by the Commissioner of Forestry, the Secretary of the Board of Game Commissioners, or the Commissioner of Fisheries, as the case may be from appropriations for such purposes or from the Resident Hunter's License Fund or the Fish License Fund. All costs in connection with any such proceedings shall be paid«by the Commonwealth in like manner. Section 11. When the owners of such lands are un- known, the Commissioner of Forestry, the Secretary of the Board of Game Commissioners, or the Commis- sioner of Fisheries, as the case may be, may enter up- on and appropriate the lands for the use of the State, as herein provided. In all cases where the owners of lands are unknown, and the report of viewers has been finally confirmed, the Commonwealth shall 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 Com- monwealth 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 locat- ed, giving a brief outline of the facts upon which the claim is based. Thereupon the court shall direct an issue to be framed, wherein the claimant shall appear as plaintiff, and the Commonwealth of Pennsylvania as defendant. Such issue shall be tried according to FOREST LAWS. 339 the rules of procedure and evidence governing trials in ejectment, witli 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, the sum award- ed by the report as finally confirmed shall be paid by the Commonwealth to said claimant. The party to the action against whom the judgment is entered shall be liable for the costs as provided by law in other civil actions. Section 12. The Department of Forestry, or the Board of Game Commissioners, or the Departjment of Fisheries, respectively, shall have the control and supervision of all such lands acquired under the pro- visions of this act. All income and revenue derived from said lands shall be expended in the same man- ner and for the same purposes as provided by law for the expenditure of the income from the State forests or the receipts of said Board of Game Commissioners or Department of Fisheries, respectively; and, for such purposes, such income derived from lands ac- quired by the Board of Game Commissioners is here- by specifically appropriated, and shall be paid into the "Residents Hunter's License Fund" ; and the income derived from lands acquired by the Department of Fisheries is hereby specifically appropriated, and shall be paid into the "Fish License Fund." Section 13. An act, entitled "An act providing for the condemnation by the Commonwealth of lands suit- able and desirable for forestry purposes, and defining the powers and duties of the Department of Forestry or the Department of Conservation in relation there- to," approved July seven, one thousand nine hundred and nineteen (Pamphlet Laws, page seven hundred and twenty-three) , shall be, and is hereby, repealed. All other acts or parts of acts inconsistent herewith or supplied by this act are hereby repealed. Approved— The 20th day of May, A. D. 1921. Control and supervision of lands ac- quired. Inconte an^ revenue . A.ct of July 7, 1919 (P. L. 723) repealed . Repeal . WM. C. SPROUL. 340 FOREST LAWS. STATE FOREST RULES. 1. The State Forests are for the use and benefit of all the citizens of Pennsylvania. Forest officers are instructed to co-operate with and assist all persons in the legitimate enjoyment of them. 2. T« provide for the proper use and protection of the forests, no standing young or old trees shall be cut, shot at, barked, or otherwise damaged or de- stroyed except as may be necessary for proper untiliza- tion of the forests and with the appr©val of a Forest officer secured in advance. 3. Since uncontrolled grazing by horses, sheep, cattle, or hogs is injurious to young trees, it is pro- hibited except by special permission. 4. No permit is required to camp •vernight, but to ensure the protection of the forest against abuse, a permit is necessary to camp for a period of two days or longer. 5. For the protection ©f the public health, springs and streams must not be polluted. 6. If the needs of the State for timber are to bo met, forest fires must be stopped. No camp fires are permitted that are not adequately protected against the spread of fire. 7. All camp fires must be put out completely im- mediately after use. 8. Persons suspected of starting forest fires, in- tentionally or unintentionally, will be prosecuted. 9. The placing of advertisments is not permitted. 10. For the protection of those who will camp in the forests hereafter, all waste papers, empty cans, and other refuse must be buried or otherwise disposed of before leaving camp. 11. For the protection of wild life, strict obser- vance of the game and fish laws by campers will be required. Adopted by The State Forest Commission, July 13, 1921, FOREST IiA'.7S. 341 FACTS ABOUT PENNSYLVANIA STATE FORESTS. To safe-guard the timber and water supply for the citizens of Pennsylvania, the Commonwealth in 1897 authorized the establishment of State Forests. The Department of Forestry began purchasing forest land the following year. The total area of State Forests (June 1, 1921) is 1,125,612 acres, located in llic following twenty-seven counties: Adams, Bedford, Cameron, Centre, Clear- field, Clinton, Cumberland, Dauphin, Elk, Frank- lin, Fulton, Huntingdon, Jefferson, Juniata, Lack- awanna, Lycoming, Mifflin, Monroe, Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, West- moreland, and Wyoming. The Department of Forestry has paid to these counties $616,040.17 taxes. This land was purchased bv the State for $2,545,- 134.65, an average cost of $2.26 per acre. It is esti- mated that the present value of the State Forests is about $12,000,000. There are forty-three Foresters and eighty-seven Forest Rangers in the employ of the Department of Forestry. The State is divided into twenty-six For- est Districts, supervised by technically trained For-, esters. On the State Forests there are 380 State-owned buildings, valued at $294,0.38. More than 4,000 miles of roads and trails have been constructed and are being maintained within State Forests. To protect the State Forests, as well as all other woodland in the Cofhmon wealth from forest fires, there are, in addition to the Foresters and Forest Rangers. 2,488 local and special Forest Fire Wardens. Sixty-eight steel fire look-out towers have been erected by the Department of Forestry for the purpose of de- tecting forest fires. Four other similar towers have been put up by the Anthracite Forest Protective As- sociation. 342 FOREST LAWS. The Department of Forestry is tperating three large forest tree nurseries, which are producing from five to eight million trees each year. Twelve State correctional institutions, in 1921, established small nurseries on their grounds in co-operation with the Department of Forestry. A total of 34,547,055 trees have been planted on State Forests. The plantations now cover 22,424 acres. The State Forests are wide-open for legitimate pub- lic use. Campers, hunters, and fishermen are invited to use them. During 1921, 525 temporary camping permits were issued to 3,405 persons. Permanent camp sites may be leased at a yearly rental for ten years. Sites for 628 permanent camps have been leased by the Department of Forestry. PREVENT FOREST FIRES— IT PAYS Pennsylvania's annual loss due to the falling off in lumber production amounts to more than $100,000,000 a year — twice as much as it costs to run the State Government for a like period. We pay at least $50,000,000 a year for lumber we import which we should produce at home ; we pay $25,000,000 a year in freight on this lumber which we should save, we lose $25,000,000 a year through the closing of industries from floods which could be prevented ; through the increased cost of wood pulp to the newspapers ; through the increased cost of news- papers to advertisers; through the loss in population driven to other States, and the loss in fish, game, re- sort business, etc. The situation is growing worse and will continue to grow worse until forest fires are checked and the young trees are given a chance to grow into timber. It is not what forest fires consume that make them such a terrible curse to the State, because there is very little large timber left to burn. It is what the fires keep from growing that measures the damage. FOREST LAWS. 843 Pennsylvania's forests weuld be restored without re- sorting to tree planting if the fires could be stopped. Putting an end to fires is the duty of the Com- monwealth not alone on the land it owns, but upon all forest lands. Ninety-nine per cent, of the forest fires that occur in Pennsylvania are preventable. Only a few are caus- ed by lightning, and they are usually small in extent. The others originate through human action. WHAT YOU CAN DO When in the woods be sure your match, cigarette, cigar, and pipe ashes are dead before throwing them away. Build fires only upon bare soil and in places where fire cannot spread. Build them in a pit surrounded by earth or stone, and keep them small. BE SURE YOUR FIRE IS EXTINGUISHED BEFORE YOU LEAVE IT. Be as careful with fire in the woods as you are in your home. Learn who your nearest Forest Fire Warden is, and notify him as soon as you discover a fire. ADDRESS COMMUNICATIONS AS FOLLOWS: Relative to GAME AND WILD BIRDS, to the SECRETARY OF THE GAME COMMISSION. Relative to FISH, FROGS AND TERRAPIN, to the COMMISSIONER OF FISHERIES- Relative to FORESTS, TO THE COMMISSIONER OF FORESTRY. All Harrisburg, Pa. Prevent FOREST FIRES if you desire GAME, FISH and FORESTS See Page 342 INDEX TO FOREST LAWS. 346 INDEX TO FOREST LAWS. A. Page. Acts, certain, prohibited In forest or timber land, 259-260-285-207-301-322-323 Academy li'orest, ** *7y Advertisement by County Conmilssioners, 263 Agricultural areas in State forests may be leased ^ff Annual charge on land for schools, road and county, 279-£Jb-rfd^ Annual Charge on land under Auxiliary Forestry R«ferve.4f:288.293--3!!5:3J8 Appeal . ._ ; • • • g^Q Application for permit to camp, - . . Appalachian Reserve, may be established in Pennsylvania, ^J» Appointment of Commissioner of Forestiy, ^)J ' Appointment of Forest Wardens oi k* ^i s Vio ^20 H21 Appointment of fire officers 315-318-319-320-3-il Appointment of detectives, *262-293"^y09-336 A^elsmenV 'and taxation mder ForeVtir Reserve Act ^^^'lei Assessors, duties of • • oqi Assistance in extinguishing fire, compelling 271-274 Attorneys may be employed, • • • • • • • V74 997-323 Auditor General, certain duties of 267-2 < ^-^J*^^^.|^5 Auxiliary forest reserve du*-ou( oxw B. 273 Bond, State Forestry Commissioner, *gQ Boundary trees, removal of, 275-281 Borough oflacers, powers of, 280 Boroughs, right to impound water 290 Boroughs, right to establish forests 268 Bureaus in Department of Forestry 3^5 Bureau of Forest Protection V; '/. ' " * V 315 Bureau of Forest Protection, powers and duties of C. , ^ 340 Camp on State lands,* 340 Cattle, pasturiog of rules, 290 City forests may be established 267 Commission, State Forest, . . . . . .... • • • 263-266-364-307-311 Commissioners, County, certain duties of, ^oo ^u« ^^^ Commissioner of Forestry, f^VVomiment ot, . .... ...■• .■.'.".263-311 Commonwealth authorized to purchase lands for taxes 317.319-320 Compensation of Are wardens, . . . . . • • • 821 Compulsory asslfltanoa in extinguishing Are, 346 INDEX TO FOREST LAWS. Condemnation of lands by Commonwealth 386 (Condemnation by United States '.'.'.'.'. 299 Constables, powers and duties of, *....'*'.'.'.!!'. 205 (Convictions before court 259-286-297-301-324-325 Convictions before justice 259-285-289-300 Co-operative agreements for preventing Are, 327 County, chargre on land for 332 County Commissioners, duties of, 263-266-304-307-311 County Conmiissioners to offer lands to Department, 311 County Treasurer, duties of, 264 County may forfeit State aid, 274 Cutting or mutilating growing timber, 260-297-300-301-340 Cutting timber trees by tenants in common 260 Cutting of timber imder Forest Reserve Act, 270 Cutting of timber under Auxiliary Forest Reserve Act, 306-308 D. Damage double and treble, 302 Damage to trees by electric light or teleplione companies 262 Damage by cutting or injuring timber without ovraers consent 297-301 Df'bris must be removed from oil or gas well lands 286 Defacing signs or posters on State lands, 298 Department of Forestry, 267 Detectives may be appointed by Department of Forestry 271-274 Detectives shall be appointed by County Commissioners, 266 District Fire Wardens, 318 District Foresters 269-318 B. Electric light compajiies, liability of, for damage to trees 262 Eminent domain 333-336 Employes of the Commissioner of Forestry, powers on State lands, . . 277 Ex -officio fire wardens, 321 Bstrepement, writ of, 261 Examination of lands under auxiliary forestry reserve act, 304 Exchange or sale of State forest lands 334 Expenses of extinguishing fires, how paid, 323 F. Failure to care for trees under auxiliary reserve act 305 Fines, (See act violated). Fire starting on one's own land, or land of another 259-285-297-323 Fire not to be lighted on woodlands or marshes 259-285-297-301 Fire not to be kindled on forest reserves 297-340 Fire Warden, Chief Forest 315 Fire warden, ex-officio 321 Fire warden, duties and powers of 315-318-320-321 Fire warden, penalties for failing in duty, 324 Fires, extinguishing of 274-315-321-322-323 Fires, co-operative agreements respecting 327 Firing the woods, penalties for 285-286-297 Foresters, district 269-318 Forest Commission, 267 Forests, municipal, may be established, 290 Forest officers, duties of, 277-314-315-318-820-821 Forest reeerres, exempt from taxation, 273 INDEX TO FOREST IiAWS. 847 Page. Forest reserre, fixed charges on 270-290-332 Forest reserre, right-of-way through 828 Forest reserre, waters on, 280 Forest officers, duties extended 314 Forest protection code 315 Forest acadeany 279 Fruit trees along roadside, 300 Q. Gas well lands, preventing lire on 285 Grovemor, duties of, in certain cases 49-267-272 H. Harvesting of timber under Auxiliary Forest Reserve Act, c06 Harvesting timber under general forest act, 270 Highways bordering on or within reserves, 273-278 Highways, trees along, protection of 275-276-300 Hindering a forest officer, 324 I. Injury to or mutilation of trees 260-297-300-301-340 Intentional firing of forests 285-286-297 J. Jurisdiction of constables, 265 Justice of the Peace, convictions before, 259-285-289-300 K. Kindling fires on State reserves 297-'340 Kindling fires on one's own land, or on lands of another, ..259-285-297-323 Land, power of Forest Commission to purchase, 263-268-329 Land, County Commissioners to offer 263-311 Land to be under control of Department of Forestry, ..'.'.*.*.*.'. .'.264-268-270 Land of the State exempt from taxation 272 Land liable to fixed charge, "..*.*..*.'.".*. .279-296-332 Land, title to vacant, 292 Land in forest reserves under charge of Commissioner" of 'Foi»^tiV, ..268-270 Land, not subject to warrant or survey, .... 272 Land, purchase price enlarged '. .."..'.*..,*..!! ;si4 Landmarks, !.*."!.*.*!'.'. ^i !'.! * i ! 260 Lease of agricultural areas in State forests] !!...!!!'.!!.*!.'!!!.'.'.'!.' 329 Leases, permanent camping, 303 Liability, personal, of fire warden to pay costs of extingTiishing fires, * 321 Lien under Auxiliary Forestry Reserve Act 308-309 Magistrate, duties of 259-285-289-300 Marketing of timber under Forestry Reserve Act, 306 Maximum price to be paid for land 314 348 INDEX TO FOREST LAWS. Pag«. Minerals on State lands 270 Minerals under AvDcilaiy Forestry Reserve Act 307 MlBdemeanor 260-285-289-297-300-301-324 325 Municipal forest may be established, 290 Municipalities, right to impound water, 280 Mutilation of growing timber 260-297-300-301-340 Mutilation of posters or signs 298 N. National Forest Reserve, 299 Navigable rivers, Warrants for beds of, 295 Notice trespass, (See Index to Game Laws). Notice to State Forest Ck)mmission, to classify lands 304 O. Office of the Commissioner of Forestrj- 272 Officers refusing or neglecting to do their duty 48-324 Oil well lands, precautions to prevent fire on, 285 Owners in common, rights of 260 Owners, no compensation for extinguishing fire on own lands, 323 OvsTiers, rights of, under Auxiliary Forest Reserve Act, 304-307-310 P. Pasturing of cattle, 340 Penalty for refusing assistance in extinguishing fire 324 Permanent leases for camping, 303 Permit to camp, 340 Persons assisting in extinguishing fire shall be paid, 322 Pipe line, right of way for, 328 Powers of Commissioner of Foresti-^', 263-266-304-307-311-315 Powers of forest officers, 277-314-315-318-320-321 President of Forest Oommissaon 271 Prevention of fires by co-operatire agreements 327 Protection of the State forests 277-297-301-315 Protection of trees and woodlands, 301 Public roads in or along forests, 273-278 Purchase of land by the Coanmonwealth 268-311-314-329 R. Rpilroad companies, duties respecting fire 286-323 Record to be Icept oflands puvcliased by the Commissioner of Forestry, 264 Redemption of land, ] , 264 Refusing, officers, to do their duty 48-324 Removing or destroying land marlss 260 Replanting 306 Reserve, fixed charges on, 279-296-308-310-332 Revenue for school purposes, 330 Rights-of-way through the State forests 328 Rights of owners under Auxiliary Forestry Reserve Act, 804 Rivers, navigable, warrants for beds of 295 Roads in township where forests are located 273-279 Roads in forests, 273 Rules of Forest Commission, power to make 270 Rules for government of State Forests, 840 Rules, punishment for violating 298 INDEX TO FOREST LAWS. 349 8. Page. Sale or exchange of State forest lands 334 Sale of lands under Auxiliary Forestry Reserve Act, 306 Scliools, fixed charges for 279-296-310 Schools, tax for, mider Auxiliary Forestry Reserve Act 310 School of Forestry, 279 Scifutific investigations, 269 Seedling trees, growtli and distribution of 313 Setting fire to woodlands 285-286-297-325 Shade trees, planting of, by boroughs, cities and townships 281 Shade trees along roadsides 300 Snyder-Middleswarth State Park 332 Spark arresters, engines to be provided with 28'6 State Forest Academy, 279 State Forests, public roads on 273-279 State forests, subject to fixed charge 279-296-332 State forests not subject to taxation, 272 State forests, purchase of surface rights for, 329 State Park, SuA^der-Middleswarth 332 State school fund 330 State forest rules 340 Street railways in forests 278 Surface rights, purchase of, 329 T. Tax under Forest Reserve Act 279-296-307-310-332 Telegraph or telephone companies, liability of, 262 Tearing or mutilating posters or signs on State lands, 298 Tenants in common, rights of, 260 Timber cutting -without owners consent, 301 Timber land to be returned separately for assessment 261 Timber, title to, not to pass under certain conditions 260-301 Timber from State reserves may be sold by Commission, 270 Timber under Auxiliary Reserve Act, 306 Title of land to vest in Commonwealth 272-312 Township forests may be established 290 Tree seedlings, growth and distribution of, 313 Trees, damage of, 260-297-300-301-340 Trees, boroughs may require planting of 275-281 Trees growing along roadside 275-276-300 Trees, malicious removal or destruction of 260-297-300-301-340 Trees, planting of, by Shade Tree Commission 281 Trees and woodlands, protection of, 301 U. United States may establish reserves in Pennsylvania 299 Unseated land, • 263 V. Vacant land, title to 292 Viewers to appraise vacant land, 293 Viewers to appraise damage, 262-293-309-336 350 INDEX TO FOREST LAWS. w. Page. Wanton or wilfnl starting of forest Ares, 259-285-297-301-S23-340 Wanlons, Fire, duties and powers of, 315-318-320 321 Wardens or forest officers, duties and powers of, ....277-314-315-318-320-321 Wnrrants for trespass, (See Index to Game Laws). Wilful or careless destruction or mutilation of trees and timber, . .260-207-300 301-S40 Writ, of estrepeuient, how obtained 261 Woodlands, protection of 297-301 ADDRESS COMMUNICATIONS AS FOLLOWS: Relative to GAME AND WILD BIRDS, to the SECRETARY OF THE GAME COMMISSION. Relative to FISH, FROGS AND TERRAPIN, to the COMMISSIONER OF FISHERIES. Relative to FORESTS. TO THE COMMISSIONER OF FORESTRY. All Harrisburg, Pa. Prevent FOREST FIRES if you desire GAME, FISH and FORESTS See Page 342 I LIBRARY OF CONGRESS 002 898 662 2 #