Class _S-K-#^3^Li. iq/S" Digitized by the Internet Archive in 2011 with funding from The Library of Congress http://www.archive.org/details/digestofgamefish04penn COMMONWEALTH OF PENNSYLVANIA DIGEST Game, Fish and Forestry Laws This pamphlet is published hut once in two years, a single edition being printed and that edition is limited in numbers by the Joint Resolu- tion of the Senate and House directing its publication. EDITED BY DR. JOSEPH KALBFUS Secretary of the Game Commission 1915 HARRISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1915 COMMONWEALTH OF PENNSYLVANIA DIGEST _3£^. OF THE /^VV • / ' Game, Fisli and Forestry Laws This pamphlet is published but once in two years, a single edition being i printed and that edition is limited in numbers by the Joint Resolu- / tion of the Senate and House directing its publication. EDITED BY DR. JOSEPH KALBFUS Secretary of the Game Commission 1915 HARRISBURG, PA.: ^WM. STANLEY RAY, STATE PRINTER 1915. \^^' DIVISION 1. Page 11 Contains laws or parts of laws treating of Game, of song and insectivorous birds . DIVISION 2. Page 143 Contains laws or parts of laws treating of fish only. DIVISION 3. Page 257 Contains laws pertaining to Forestry. A collection of Leading Decisions relative to Game and Fish Law is printed, beginning on page 235. The Game Commission is entrusted with the care of Game and wild birds. The Department of Fisheries is charged with the protection of fishes. The Forestry Department has control of Forestry. The work of each is separate and distinct. A summary of the laws bearing upon these subjects and separate index is attached. Please read the letter beginning on page 5. D. of 0« bti" d WIS (2) A. JOINT RESOLUTION Directing the publication of the pamphlet containing the game, fish, and forestry laws. Whereas, By reason of the great demand by the people of this Commonwealth for the pamphlet con- Prenmbie. taining the game, the fish, and the forestry laws of this Commonwealth, the many proposed changes of the same and additions thereto, and that the people of the State be given the opportunity to become acquainted with these laws as quickly as possible after their en- actment; therefore: — Section 1. Be it resolved (if the Senate concur). That the secretary of the Board of Game Commis sioners of this Commonwealth be and is hereby directed iXws to prepare the data, and as soon as possible after the close of its session present the same to the Superin- tendent of Public Printing, who shall, at the expense of the State, have published in pamphlet form one hundred thousand (100,000) copies of said laws, to- gether with such letter of instruction or explanation by those entrusted with the care of our game, our forests, and our fish as may seem necessary: these pamphlets to be placed by the Division of Distribution Distribution of Documents in numbers as provided by law. Approved— The 9th day of April, A. D. 1915. MARTIN G. BRUMBAUGH. Gamp, fisb, 1 forestry (3^ ^k (4) LETTER OF TRANSMITTAL. In the minds of those who have to do with the forestry, the fish and the game interests of this Commonwealth, those that have given these subjects careful and thoughtful study, each of them in itself seems to occupy such a place in the makeup of the individual life of so many people and are jointly so interwoven with each other and the general prosperity of our State, as to make even their prospective loss appear in the light of a calamity, a condition that if once established will be extremely hard, if not impossible to overcome, and that will bring serious, very serious, results in its train. It has long since been determined that growing timber, forest, shade and fruit trees were absolutely necessary to the healthful enjoyment of this life. That the product of growing timber is absolutely necessary to the success of mechanical pursuits. That upon the preservation or reproduction of our forests depends our continuous water supply, our protection from drought, as well as our defense against excessive floods. It is desired to call particular attention to two statutes re- lating to forests and forestry. The first is the municipal forest law, which permits municipalities to purchase forest land for the purpose of revenue, using the returns for such municipal pur- poses as may be necessary ; and the other is the forest fire wardens act, completely changing the system of fire fighting in this Commonwealth. These acts will be found at pages — and — . • How much better it would have been for this Commonwealth had the subject of forestry, with all that word covers, been in- telligently considered and acted upon fifty years ago instead of to-day. How much better it would have been had the people of this Commonwealth and of this Nation, endorsed the idea of game and wild bird preservation and of fish protection and propagation, fifty years ago instead of at this time. It has been said that the benefit derived by a day afield with rod, or gun, by the tired, or worn out, indoor worker, is some- thing that cannot be correctly expressed in words or figures. Physical exercise and forgetfulness of daily worry and business care, bring their reward in return of health and there is no in- centive in this direction that begins to take the place of the pursuit of game or fish. Any one who ever hooked a two pound bass, or used an artificial fly, can realize what total forgetful- ness of business cares means ; how from the moment the strike (5) 6 GAME, FISH AND FORESTRY LAWS. was made the circulation quickened and all thought of the World outside was forgotten, until that fish was landed; how in anticipa- tion of a strike every cast of the fly took his whole attention. No one can forget the flushing of that wild turkey or of that pheas- ant, or of that covey of quail, or how bunny sprang out most un- expectedly and how in absolute forgetfulness of all beside, he took that needed and continued exercise in their pursuit, that notliing besides would have caused him to take, and how in rest- ful oblivion he passed the night without even a dream of business cares. . The Department of Health was created for the purpose of conserving the health of our people. Sanitariums are everywhere being erected and maintained, in the hope of curing those who are ailing. Our idea is to make an open park of all the wild lands of this Commonwealth, a place in which our people of all classes can find pleasure and maintain their strength, \,-here the well and strong can enjoy an outing that will keep _ them well and make them stronger; where those who are starting on the road to shattered nerves, and inability to meet the demands they are called upon to face, can strengthen their hold on all those things that fit men the better to meet the requirements of their everyday battle with the World. The presence of game or fish is a lure to strenuous outdoor exercise, that means better health to those who hunt or fish, and therefore better citizenship. To us, hunting or the pur- suit of game, does not appear simply in the light of recreation, or pleasure, nor does it appear as a waste of time; but instead is in every sense of the word a National necessity. The ability acquired by young America in the pursuit of game, in the handling of the gun, in taking care of himself in the fields, or in the forests, or on the water, has made it possible for our Volunteers to become with limited discipline and drill the equal of any Regular on the face of the Earth. I cite as illustration the work done by Jackson's men at New Orleans, the efficiency of our own Pennsylvania BucktaiJs during the late Civil War, the work of the Boer with the gun in South Africa, where 1,000 men, wh© knew how to shoot and to shift for themselves, appeared to be the equal of many thousands of men who did not possess that ability. Under our system of Government and present conditions, the efficient volunteer is our bulwark of defense in the time of War, and this State owes it to itself, for this reason, if for no other, t® supply its young men with the incentive to this training in the shape of game, without which they cannot and will not be fitted to meet the demands made upon them. We had in Pennsylvania last fall, fully 8,000 men who camped upon State lands. We had that many more men who hunted on State lands, with- out camping, and the total of those hunting on State lands was GAME, FISH AND FORESTRY LAWS. 7 not more than one-half of those who hunted with rifles in this State last fall, together making an army of at least 30,000 rifle- men . During the season for 1913 there were 305,028 hunters licenses taken in Pennsylvania. During the season of 1914 there were about 300,000 hunters licenses taken. We believe that the farmers of this State together with their tenants and the families of such farmers and tenants, who may hunt under the provisions of law, without securing a hunter's license, joined to those who hunted without a license in violation of law, will make fully an hundred thousand hunters, and these joined to the three hundred thousand who secured a license will make fully four hundred thousand hunters in this State last year. Statistics collected from the hunting field of this State last fall indicate that at least 400,000 ruffed grouse, 2,000,000 rabbits, 37,000 quail, 225,000 squirriels, 17,000 woodcock, 37,000 waterfowl, 9,500 rac- coons, 400 bear, and 1,100 deer were killed in this State, beside other game J making jointly a fair return in the matter of food supply to those who went hunting and this entirely outside the benefit secured through recreation, the training in the use of guns and in camping, the increased knowledge regarding the to- pography of the State, her towns, her cities, her improvements, her railroads, her mineral wealth, her water ways, her flora and her fauna, that would not have been secured in any other way. To fully appreciate our Commonwealth our people must know her. We believe it conservative to fix ten dollars as the average ex- penditure to each man that went hunting; this includes time, wear and tare and actual cash expended, 10 times $400,000 means $4,- 000,000 expended in an effort to destroy our game of various kinds. The appropriation made to the use of the Game Commission to replenish and return game to our covers was last year, $48,700 and I call attention to the fact that it is just as hard to-day "to make good brick without straw" as it was in the olden time. We who are trying to do the work realize that without the help of the people, the utmost effort of the Game Commission, or of the Department of Forestry, or of the Department of Fisheries, must be futile. I call the attention of those who do not hunt to the fact that under the law they are joint owners in the wild game and birds of this Commonwealth, and beg of them to help conserve these things before it is too late ; this for the game phase of this question. There is another side to the work of the Game Commission beside the creation of game, with all that indicates and one that means much more to the Nation, to the State and to you, and that is the work pertaining to the preservation of wild birds other than game birds, the value of whose life work is far greater than anything that can possibly come through the presence of any quantity of game. 8 GAME, FISH AND FORESTRY LAWS. It is estimated by the Agricultural Department at "Washington that through the ravages of insects an annual loss to agriculture in the United States is incurred, equalling, if not exceeding, ten per cent, of the entire production. Professor Forbush estimates the loss from this cause in Mas- sachusetts at fifteen per cent. A loss of but ten per cent, means a loss of more than one billion dollars ($1,000,000,000.00) to the farmers of the United States last year, and this loss is entirely outside of the cost of machinery, poisons, labor, etc., in attempting to curb these pests. It is claimed that we have 600 colleges and universities in the United States, the value of which, including buildings and en- dowments, exceeds $500,000,000.00. The loss to agriculture in the United States through the ravages of insects in a single year would replace these buildings and their endowments were they from any cause destroyed and leave unexpended a balance of $500,000,000.00, sufficient to creat and endow in like amount 600 additional colleges and universities. It is estimated that we have 30,000,000 school children in the United States and there is no doubt whatever but that the cost of educating these children is one of the heaviest demands made upon the reserve funds of this Nation. The loss to agri- culture through the ravages of insects if saved would go a long way toward meeting this claim. Our Representatives at Washington are spending much time in considering whether or not one battleship or two shall be built annually by the United States. A battleship costs about eight million dollars ($8,000,000.00). The loss to agriculture be- cause of insects in a single year would build annually one hun- dred battleships, and then some. The greatest of all engineering feats in the history of civiliza- tion, the Panama Oanal, costs about $475,000,000.00, and that we may fully understand the magnitude of this undertaking let me say the excavation made in this work means a ditch 55 feet wide and 10 feet deep, extending from New York to San Fran- cisco. The dirt excavated if piled in form equal to the Chinese wall would create an embankment 2,500 miles in length. The Chinese wall is about 1,500 miles long. The material excavated in this undertaking if placed in piles equal in every way to the pyramids of Egypt would create sixty (60) such pyramids, that if placed side by side would extend more than nine miles. Thie pyramids of Egypt, as you know, are but three in number, and the work of their construction is considered to be one of the wonders of the world. The loss to agriculture annually from the ravages of insects in the United States is more than double the cost of the stupendous work done in creating this canal. GAME, FISH AND FORESTRY LAWS. 9 I miglit mention the loss incurred through the Chicago fire, or the tidal wave at Galveston, or the loss of the Titanic, each of which occurrences in itself cause the great heart of the world to stand still in sympathetic fear. No one of these occurrences singly or joined together begin to measure either in the sacrifice of human lives or financially _ with the possibility of destruction by insects to be followed by famine and pestilence. Yet, ordinary men take no interest in this matter. Only a short time ago the farmers of this Nation were shocked as never before by the simple mention of harm that might come to them through a new political proposition known as "Reci- procity." The annual loss actually incurred through the ravages of insects exceeds by far any possible loss that might come through or because of this proposed legislation, yet, because of what they feared might happen if the new regulations were indorsed, men abandoned the tenents of their fathers and for the time being at least, severed life-long friendships and political affiliations. Regarding undoubted and positive loss through the presence of insects, these same men stand with folded hands and do nothing. We are indeed a strange people. But, I believe I have said enough to cause you who may read this article to consider the subject, and you are no doubt already wondering why it is, if what I have said be only partly true, that we can live upon this earth at all, why it is that vegetation has not been long ago destroyed, and the answer comes; — That because of climatic conditions, diseases, starvation, in- sect enemies, poisons and birds, this vast army of destroying agents is decimated and held in check, and no one questions the claim that the birds are a mighty factor in this direction. Zoologists tell us most young birds while in the nest are fed upon insect life, and that each one daily consumes an amount of animal food in the shape of insects equal to its own weight. Say there is but a single nest to the acre in this State, and that each nest contains four young birds weighing one ounce each, or four ounces to the nest, one pound to four acres, one ton to eight thousand acres, we have in round numbers in Pennsyl- vania 28,800,000 acres, and it would therefore, at this rate, require 3,600 tons of insects to feed the birds of this State one single day. Surely the life work of birds means something to each one of us. Some one has defined Ornithology to be the study of birds from the standpoint of dollars and cents, and it matters not whether the birds be classed as a game bird, a song bird or an insectivorous bird, its value living far exceeds its value dead. Consider the worth of fish and fishing, the pleasure, experience, recreation, with consequent better health and improved ability to meet the demands made by the family or State and in addition the cash value of the many tons of fish taken. 10 GAME, FISH AND FORESTRY LAWS. Under the Constitution of Pennsylvania, there can be no special or sectional legislation. Our laws must as nearly as possible be drawn to meet the necessities of the entire State and of every part thereof, and to this end the Legislature has directed ijts labors. This book contains a compilation of the laws of this Common- wealth upon the subjects of forestry, fish and game; and it is the most earnest desire of those entrusted with the care of these subjects that every resident of this Commonwealth awake now to the realization of the fact that their individual help is needed to protect these interests. No one, it seems to us, has attained an elevation in this State that places him above having a personal interest in these matters and no one occupies a position so lowly that his influence cannot be of value. Every community should have an organization for forestry, fish and game protection, and we hope the laws contained in this little book will be read and re- read, not by hunters and fishermen only, but by every individual in the State who has her interests truly at heart, who, if they will but one moment think upon these subjects, cannot fail to recognize that every step taken for the protection of our forests, our fish and our game and our wild birds other than game birds, is a step in the right direction and one that cannot fail to be of benefit to the Commonwealth. It is impossible to secure laws that in all respects suit every- body. We believe the acts contained in this book are fair and reasonable and just in most respects, and are worthy of the highest regard and entitled to the full support of all law abiding citizens. They were passed for the purpose of benefiting all the people of this Commonwealth, Neither of the Departments en- trusted with the care of these subjects is powerful enough in itself to enforce the laws as they should be enforced. Neither of these Departments, without the help of the people, can secure results such as are desired. We need your individual support. We want that help. We feel that we are working for your bene- fit and are entitled to that support. We beg of you to help your- self and your community by aiding us in this work. Individual effort in behalf of these subjects is well enough and much good has already and will hereafter result from such efforts. Organization for the purpose of advancing these interests is still better, and in the hope of aiding you in such organizations we publish on page 333 of this book a short form of suggestions that may be of use. We would like to see an organization for one or all of these purposes combined in every community of this Com- monwealth . Respectfully yours, JOSEPH KALBFUS, Secretary of the Game Commission. GAME, FISH AP MESTRY LAWS DIVISION 1 CONTAINING LAWS OR PARTS OF LAWS TREATING OF GAME, OF SONG, AND IN- SECTIVOROUS BIRDS. 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. 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 shaU receive and hold office dur- ing the term of one year, which two of said persons shall receive and hold office during the term of two years, and which two of said persons shall receive and hold office for the term of three years. Upon the death, resignation or removal from office of any persons so appointed as aforesaid, the Gover- nor shall appoint a competent person to serve for the unexpired term of the person so dying, resign- ing or removed, subject to the approval of the Sen- ate at its next meeting, if such meeting shall be be- fore the expiration of the term of office of such ap- pointee. 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 .Tune 25, 1895. P. L. 273. ApDointment of Board of Game Com- missioners, authorized. Terms of first ap- pointees. Vacancy, liow filled. (11) 12 GAME, FISH AND FORESTRY LAWS. Full term shall be three years. No compen- sation for services. Office of board. Meetings. Duties of board in protection of game. In collection of statistics. Keep re- ports, &c. Annual re- port to Gov- ernor. Contents of report. Governor shall present report to Legislature. Game pro- tectors. ■ 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 compensation for their services . Section 2. The Board of Game Commissioners shall have an office in the Capitol, at Harrisburg, Penn- sylvania, and shall hold meetings at such oflfice on the first Thursday of January and July, and at such other times and places within the State as the com- missioners shall appoint for the transaction of busi- ness. It shall be the duty of said board to protect and preserve the game, song and insectivorous birds and mammals of the State, and to enforce, by proper actions and proceedings, the laws of this Common- wealth relating to the same. It shall be the duty of said board to collect, classify and preserve aU such statistics, data and information as, in their judgment, will tend to promote the objects of this act, to take charge of and keep all reports, books, papers and documents 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 pre- pare 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 ex- pended by them, and for what purposes, with such recommendations for legislative action, if any, as the said board may deem wise for the better accom- plishment of this act. The Governor shall lay said reports before the Legislatures convening next after their receipt. Section 3, as amended by the Act of April 22nd, 1915, P. L. 168 Section 3. The Board of Game Commissioners shall have the power and authority to appoint siwty (60) competent men, whose powers and duties are herein- ater defined, and who shall be known as game pro- tectors. 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. GAME, FISH AND FORESTRY LAWS. 13 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 room assigned to the Game Com- missioners at the Capitol, at Harrisburg. Said secre- tary shall have authority to have printed, at the expense of the State, the annual report of the Board of Game Commissioners to the Governor, and such other bulletins as, in the opinion of said board, may be necessary to its wort. 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 violation of the game law, and to serve subpoenas issued for the ex- amination, investigation or trial of all offenses against said laws ; each protector shall keep a record of his official acts, receipts and expenditures and at the close of each month make summary of such record, with such statements in detail as shall be necessary for the information of his chief, and report the same to the chief protector under oath. The chief proctector shall report to the Board of Com- missioners any negligence 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 commissioners the operations of his department during the preceding month, and shall make such further reports as may be required by the Board of Commissioners. Chief game protector shall be secretary of the board. Annual re- port and bulletins. Protectors shall hold oflBce at pleasure of board. Shall en- force game laws. Serve sub- poenas. Shall keep record of oflBcial acts &c., and re- port under oath. Chief pro- tector shall report negli- gence on part of pro- tectors. Shall make monthly re- port. Approved— The 25th of June, A. D. 1895. DANIEL H. HASTINGS. 14 GAME, FISH AND FORESTRY LAWS. March 22, 1S99. P. L. 17. Constables to be ex-Q] eio fire, game and fish war- dens. Duties of wardens. May arrest without warrant. Arrests may be made on Sunday. Power with- out warrant to search and examine. To seize and take posses- sion of game and fish. AN ACT Making constables of townships and boroughs ex- officio fire, game and fish wardens, prescribing their powers and duties, fixing their fees as war- dens, 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 wards, boroughs and townships of the Com- monwealth shall be ex-officio, fire, game, and fish wardens. Section 2. It shall be the duty of said fire, game and fish wardens to enforce all statutes of this State now in force, or that hereafter be enacted, for the protection of forests and timber lands from fire, and for the protection and propagation of game, game birds, game mammals, song and insectivorous birds, and fish, and said constables or wardens shall have authority to arrest without warrant any person or persons caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game, and food and game fish, and take such person or persons forthwith before a 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 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 lawfe 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 GAME, FISH AND FORESTRY LAWS. 15 receiving proof of probable cause for believeing in the concealment of any bird, animal or fish, caught, taken, kUled, had in possession, under control or shipped, or about to be shipped, contrary to law, shall issue a search warrant and cause a search to be made in any place, and to that end may, after de- mand 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. AU birds, animals or fish, or net, or fishing appli- ances, or apparatus, seized by any constable or war- den, shall be disposed of in such manner as may be directed by the court before whom the offense is tried, and such constable or warden shall not be liable for damages on account of any such search, exami- nation or seizure, or the destruction of any nets or fishing apparatus of any kind in accordance with the provisions of this act. Section 4. Any constable or warden, upon the ar- rest and prosecution of any offender to conviction under the provisions of this act, shall, in addition to the fees to which he may be entitled under exist- ing laws, be paid for his services the sum of ten dollars on a warrant drawn by the county commis- sioners on the county treasurer one-half of which shall be paid out of the treasury of the respective county, and the remaining half of said reward shall be paid by the State Treasurer into the treasury of said county, out of moneys not otherwise appro- priated, 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 their respective counties, make special returns to said court, under oath, of aU vio- lations occurring in their respective townships, or which may come or be brought to their notice, of Courts may issue search warrants. Property seized to be disposed of as directed by the court. Constables not liable for damages. "^ Constables or wardens to be paid. How paid. Proviso. Constables or wardens to have concurrent jurisdiction. To make special re- turns to court. 16 GAME, FISH AND FORESTRY LAWS. Duty of the court. Neglect or refusal of constables a misde- meanor. Penalty. Repeal. any of the provisions of any law now in force, or that may hereafter be enacted, for the protection of forests and timber lands, game and fish ; and it shall be the duty of the judge of said court to see that such returns are faithfully made, and any constable or warden wilfully neglecting or refusing to make such returns, or to prosecute any offense under said laws of which he shall have personal knowledge or 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 mis- demeanor, and upon conviction thereof be sentenced to pay a fine of fifty dollars, or to undergo an im- prisonment in the county jail for two months, both or either, at the discretion of the court. Section 6. All sections, ^provisions, acts or parts of acts inconsistent with this act, or any section of it, are hereby repealed. Approved— The 22d day of March, A. D. 1899. WILLIAM A. STONE. May 21, 1901. P. L. May arrest without warrant. A SUPPLEMENT To an act, entitled "An act to provide for the ap- pointment of game commissioners of the Common- wealth of Pennsylvania, defining their duties, and empowering them to appoint game protectors," ap- proved the twenty-fifth day of June, Anno Domini one thousand eight hundred and ninety-five ; extend- ing the powers of said protectors, making disposition of fines received by them, and regulatinng 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 without warrant any person or persons found by them in the act of violating any of the laws of this GAME, FISH AND FORESTRY LAWS 17 Commonwealth now in force, or that may hereafter be enacted for the protection of game, of song and of insectivorous birds, and take such person or persons forthwith before a justice of the peace or other magis- trate having jurisdiction, who shall proceed without delay to hear, try and determine the matter; such arrest may also be made on Sunday, in which case the person or persons, so arrested, for safe keeping may be committed to the jail for that day, but shall be taken before 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, without warrant, to search and examine any boat, conveyance, vehicle, game-bag, game-coat, or other receptacle for game, when they have good cause to believe that any of the 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- mals which have been caught, taken or killed, at any time, in a manner or for a purpose, or had in posses- sion or under control, have been shipped or about to be shipped, contrary to any of the laws of this Com- monwealth . Any court having jurisdiction of the offense, upon receiving proof of the probable cause for believing in the concealment of any bird or animal caught, taken, killed, had in possession, under con- trol, shipped or about to be shipped, contrary to any laws of this Commonwealth, shall issue a search war- rant, and cause, a search to be made in any place; and to that end may, after demand and refusal, cause any building, enclosure or car to be entered, and any apartment, chest, locker, box, trunk, crate, basket, bag or package, to be broken open and the contents thereof to be examined by said protector. AH birds or animals classed as game, found therein in violation of law, 'shall be seized by the protector making the search, who shall, as soon as may be thereafter, forward said game to the nearest hospital, for the use of the sick or injured therein ; the bodies or parts of bodies of all song or insectivorous birds, so taken, shall, unless needed for evidence, be de- stroyed; all guns, gunning appliances, shooting ap- paratus, trap or gunning apparel, found in said re- ceptacle or receptacles, where the search warrant is issued against a non-resident, shall be seized by said 2 In case of arrest on Sunday. 'Search and examination without warrant. Seizure of game. Search war- rant. Game seized to be for- warded to the nearest hospital. Guns and appliances. 18 GAME. FISH AND FORESTRY LAWS. Public auction. Securing of evidence. Game to be forwarded to hospital. Interference with game protectors. Aid in making arrests. Compensa- tion of game protectors. Expenses. All fines and penalties to be turned over to Game Com- mission. Proviso. Repeal. 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 evi- dence 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. AH 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 assist- ance as needed in making an arrest. Section 5, That the game protectors, so appointed, shall receive salary or pay per day, as may be agreed upon by the Game Commission, with ex- penses not to exceed two dollars per day outside of traveling expenses ; said expense account to be itemized and presented under oath. All moneys com- ing to any game protector as hi^ part of any fine or penalty, under existing law, wherein he is the prose- cutor, shall belong to the Game Commission, and shall be surrendered by said protector to the secretary of thf> s"id commission for its use: Provided, That the combined expense account of the Game Com- mission shall not exceed the amount set apart by law to their use. Section 6. All acts or parts of acts inconsistent with this act are hereby repealed. Approved— The 21st day of May, A. D. 1901. WILLIAM A. STONE. GAME, FISH AND FORESTRY LAWS. 19 AN ACT To prohibit the capture or killing of beaver within the Commonwealth of Pennsylvania, and providing penalties for the violation of its provisions. 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 one hundred dollars for each offense; or, in default of the payment thereof, with the costs of prosecution, 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. Section 3. For the purposes of this act, the beaver shall be classed as game in this Commonwealth ; and it is hereby made the duty of all officers of the State, entrusted with 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. March 17, 1903, P. L. Unlawful to kill or cap- ture beaver. Fine. Imprison- ment. Prima facie evidence. Beaver classed as "game." Duty of game war- dens, etc. Prosecu- tions. AN ACT To provide for the appointment of deputy game pro- tectors, for the Commonwealth of Pennsylvania, and defining their duties. Section 1. Be it enacted, &c.. That the Board of Game Commissioners shall have the power and au- thority to appoint one competent man in each and April 11, 1903. P. L. 163. Deputy game pro- tectors. 20 GAME, FISH AND FORESTRY LAWS, Compensa- tion. Bond. every county of the Commonwealth of Pennsylvania, to be called and designated as a deputy game pro- tector, who shall have the same power and perform the same duties as the present game protectors, au- thorized by law, now have and perform, and re- ceive the same compensation that constables now re- ceive for similar services; and shall, when appointed, give to the Board of Game Commissioners a bond in the sum of three hundred dollars, conditioned for the faithful discharge of his duties ; such bond to be approved by the said Commissioners. Approved— The 11th day of April, A. D. 1903. SAML. W. PENNYPACKER. April 14, 1903, P. L. 178. Non-resident hunters re- quired to take out license. Fee. Certificate. Not trans- ferable. Disposition of fee. AN ACT Requiring non-resident hunters to procure a license before hunting in this Commonwealth, and pro- viding penalties for violation of its provisions, and repealing an act approved the twenty-fourth day of April, one thousand nine hundred and one. Section 1, Be it enacted, &c.. That from and after the passage of this act, every non-resident of this Commonwealth shall be required to take out a license from the treasurer of the county in which he proposes to hunt, before beginning to hunt in any part of this Commonwealth. Each and every person not a resident of this Commonwealth shall pay a li- cense fee of ten dollars to the treasurer of the county in which he proposes to hunt, and the said treasurer shall thereupon issue to him a certificate, on forms supplied by the Board of Game Commissioners of this Commonwealth, bearing the name and place of resi- dence of the applicant, with his description as near as may be, which said certificate shall authorize the owner thereof to hunt and kill game in any part of this Commonwealth, during the period of that year when game may be legally killed, under the restric- tions and for the purposes allowed by law ; said cer- tificate shall not be transferable, and shall be ex- posed for examination, upon demand made by any game protector, constable, or game warden of the State. One-half of the license fee so received by any county treasurer shall be retained by him, for the use of the county wherein the same is paid, and the GAME, FISH AND FORESTRY LAWS. 21 remaining one-half of said fee shall be forwarded by him to the State Treasurer, in the same manner and for the same purpose as is now provided by law in the case of fines or penalties recovered for violation, of the provisions of any of the sections of an act, entitled "An act to provide for the protection and preservation of game, game quadrupeds and game birds, and song and insectivorous birds," approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. All fines and penal- ties recovered for violation of the provisions of this act shall be distributed as are fines and penalties col- lected for violation of the said act of June fourth, one thousand eight hundred and ninety-seven. Section 2. Possession of a gun, in the fields or in the forests or on the waters of this Commonwealth, by non-residents of this Commonwealth, without hav- ing first secured the license required by this act, shall be prima facie evidence of a violation of its pro- visions ; and any person so offending shall be liable to a penalty of twenty-five dollars for each offense, or in default of the payment thereof, with the cost of prosecution, to suffer an imprisonment in the county jail for a period of one day for each dollar of penalty imposed, unless he or they enter into good and sufiicient recognizance to pay said penalty and costs within a period of ten days from the date of conviction, or enter into recognizance to answer said complaint, on a charge of misdemeanor, before the court of quarter sessions of the peace of the county where said offense is charged to have been committed ; which court, on the conviction of the defendant or defendants, and failure to pay the penalty or penal- ties imposed, with the cost of prosecution, shall, com- mit the said defendant or defendants to the jaU of the county for a period of one day for each dollar of penalty imposed. Section .3. All officers of the Commonwealth whose duty it is to protect the game of the Commonwealth, shall have power to seize all guns and shooting para- phernalia, and game in possession or belonging to the suspected parties, within the Commonwealth. The game, upon the conviction of the parties so arrested, shall be forfeited to the State, and forwarded by said officer to the most convenient public hospital, for the use of the sick or injured therein ; and the guns and shooting paraphernalia held, subject to the Distribution of fines. Prima facie evidence. Fine and penalty. Bail. Commit- ment. Power of officers. Disposition of game seized. Guns, etc. 22 GAME, FISH AND FORESTRY LAWS. AUvcriise- mont. Sale. Disposition of funds. Proviso. K-'pial. pnymeut of the penalty or penalties imposed, with the costs of prosecution ; and in the case of default of the payment thereof for a period of five days from the date of conviction, unless appeal be taken, to ad- vertise the same by public handbill, not less than five in number, conspicuously displayed in the borough or township where the conviction was secured, and after the l;ipse of ten days from the date of advertisement, to sell said guns and paraphernalia at public auc- tion. The fund thus realized shall be applied first, to the payment of the costs incurred, then to the payment of the penalty imposed, and the remainder, if any, shall be returned to the owner or owners of the property so seized and sold: Provided, That the fact that imprisonment is suffered by any person con- victed of violating the provisions of this act, shall not prevent the sale of all guns and hunting and para- phernalia so seized, and the application of the fund thus realized to the purposes before mentioned. Section 4. "An act requiring non-resident gunners to secure a license before hunting in the Common- wealth of Pennsylvania, and providing penalties for violations of its provisions," approved the twenty- fourth day of April, Anno Domini nineteen hundred and one, be and the same is hereby repealed. Approved— The 14th day of April, A. D. 1903. SAML. W. PENNYPACKER. AN ACT To prohibit the discharge of flobert rifles, air guns, spring guns, in cities and boroughs of this Com- monwealth. Flobert Section 1. Be it enacted, &.C., That six months emis'and'^ after the passage of this act it shall be unlawful Bprinp KiiuB. f*^"* ^^y person to discharge, on the streets or alleys Unlawful to of any city or borough in this Commonwealth, a discbarKi- iu flobert rifle, air gun, spring gun, or any implement which impels with force a metal pellet of any kind. Section 2. Any person violating this act shall be arrested and fined in the sum of five dollars before any committing magistrate; and for the second olTense, shall be fined in the sum of fifteen dollars and may undergo an imprisonment in the county April 15, 1903. p. L. 198. street.s or hUcjb. Fine. GAME, FISH AND FORESTRY LAWS, 23 jail for a period not less than ten days and not ex- ceeding thirty days, the person so offending to pay all costs of prosecution. Approved— The 15th day of April, A. D. 1903. SAML. W. PENNYPACKER. AN ACT Fixing the liability for record costs, in cases where April 16, officers, whose duty it is to enforce the game laws ^^^^' ^- ^• of this Commonwealth, fail, for any legal cause, to receive the same from the defendant. Section 1. Be it enacted, &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 county, and shall be audited and paid as are costs of like character in said county. Approved— The 16th day of April, A. D. 1903. SAML. W. PENNYPACKER. 218. OfScers whose duty it is to en- force game laws. Record costs. The county's liability therefor. AN ACT Making it wilful trespass to hunt, trap and take juiy 9, 1901. game birds or game animals upon cultivated lands, P. l. 612. and providing for the punishment of such tres- pass. Section 1. Be it enacted, &c.. That on and after the passage of this act, any person or persons tres- passing on any cultivated lands in this Common- wealth, for the purpose of hunting and trapping and taking therefrom any game birds or game animals, after public notice by the owner, lessee or occupant thereof, such notice to be posted on, and adjacent to such cultivated lands, shall be guilty of wilful trespass, and in addition to the damages recoverable by law shall be liable to the owner, lessee, or occu- Hunting and trapping of game birds and animals on inclosed or ciTltivated lands. Trespass. 24 GAME, FISH AND FORESTRY LAWS. Hearing. Fine. Penalty. Appeal. Trial. pant in a penalty not exceeding five dollars for each and every such offense. Section 2. Any justice of the peace or alderman, upon information or complaint made before him, by affidavit, of the violation of the provisions of this act by any person or persons, is hereby 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 of the person or persons so charged ; and if con- victed of such wilful trespass, shall be sentenced, by such justice or alderman to pay a penalty, not exceeding five dollars, together with costs, one-half of such penalty shall be paid to the owner, lessee or occupant of said land and the remaining half to the school district of the city, borough or township wherein such offense was committed ; and if the per- son or persons, so convicted and sentenced, shall neglect or refuse to pay such penalty and costs, or secure the payment thereof within ten days, he or they shall be committed to the common jail of the proper county for a period not exceeding _three months. Sectoin 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 de- fendants charged and a failure to pay such penalty and costs imposed by the act, shall commit said de- fendant or defendants to the common jail of the county, for a period not exceeding three months. Approved— The 9th day of July, A. D. 1901. WILLIAM A. STONE. *This IS not a game law and is published in this pamphlet only as a matter of information to sportsmen. See trespass Act on page 25, GAME, FISH AND FORESTRY LAWS, 25 Upon posted land. AN ACT Making it unlawful to trespass upon land posted as ^P^ii 14. Private property, and providing the penalty thereof. Jg^^' ^- ^- ^Section 1. Be it enacted, &c.. That from and after the passage of this act, it shall be unlawful Trespass, for any person wilfully to enter upon any land, within the limits of this Commonwealth, where the owner or owners of said land has caused to be promi- nently posted upon said land printed notices that the said land is private property, and warning all per- sons from trespassing thereon, under the penalty pro- vided in this act. Section 2. Every person violating the provisions of pine and this act shall be liable to a penalty of not exceeding penalty, 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 ; 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 dol- lar of fine imposed. Section 3. 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 AprU, A. D. 1905. SAML. W. PENNYPACKER. ♦This is not a game or fish law and is printed in this pamphlet only as a matter of information to sportsmen. AN ACT To provide for the appointment of special deputy j^^j.^ ig^ game protectors, for the Commonwealth of Penn- 1905, P. 'l. sylvania, and defining their duties and powers. 201. Section 1. Be it enacted, &c.. That from and after special the passage of this act, the Board of Game Com- deputy game missioners of this Commonwealth shall be empowered protectors. to 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 re- 26 GAME, FISO AND FORESTRY LAWS. Eights and powers. May 31, 1907 P. L. 329. Automatic guns. Killing of game. Summary conviction. quirements and regulations, either of the law or of rules of the Board of Game Commissioners, con- trolling the action of such Game protectors in this Commonwealth: Provided, Such special deputy game protectors shall in no way be entitled to recompense from either the county or Commonwealth for ser- vices rendered or expenses incurred in the perform- ance of their duties. Approved— The 18th day of April, A. D. 1905. SAML. W. PENNYPACKER. AN ACT Prohibiting the use of automatic guns, for the kill- ing of game or wild birds within this Common- wealth, and prescribing a penalty for violation of its provisions. Section 1. Be it enacted, &:c., That from and after the passage of this act, it shall be unlawful for any person to use what is commonly known as an automatic gun for the killing of game in this Com- monvv^ealth. Each and every person violating any provision of this section shall be liable to a penalty of fifty dollars for each offense, or shall suffer an imprisonment in the common jail of the county for a period of one day for each dollar of penalty im- posed . Section 2. Each and every magistrate, alderman, and justice of the peace, within this Commonwealth, shall have the right of summary conviction in all matters 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 disposed of, in manner and form as is now pre- scribed by law for violation of the game laws of this Commonwealth. Approved— The 31st day of May, A. D. 1907. EDWIN S. STUART. This act is constitutional and is the law. See opinion Superior Court case of Commonwealth vs. Thos. W. McComb, No. 148 October term 1908. Superior Court of Pennsylvania. Appealed from Delaware county. 39, Pa. Superior Court 411; 227 Pa. Supreme Court 377 ; citation pages 242 and 243 of this pamphlet . GAME, FISH AND FOUESTRY LAWS. 27 AN ACT To provide for the protection and preservation of Act of Ma^ game, game-quadrupeds and game-birds, and song i. 1909, p. and insectivorous and other wild birds, and prescrib- ^- ^-°- ing penalties for violation of its several provisions. Section 1. Repealed by section 2, of the Act of April 21st, 1915, page 92. Section 2. That the time during which game of this Commonwealth may be legally taken, killed, caught, or trapped shall be kno-wn as the open season, and the time during which game may not be legally taken, killed, caught, or trapped shall be known as the close season, for game in this Commonwealth; and in the designation of seasons and other periods under this act, and under all other laws of this State for the protection of game, such open season or period shall include the first day of date mentioned in the designation, but shall not include the last date oien- tioned . Section 3. Whenever in this act the word per- son is used, such word shall be taken to include every person, firm, partnership, institution, asso- ciation, or corporation, or the agent or agents 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. Section 4. Whenever, because of a violation of any provisions of this act, a person shall be con- victed for a first offense and a penalty be imposed and the defendant shall neglect or refuse to im- mediately pay said amount together with the costs of prosecution, in lawful money of the United States, he shall be at once committed to the common jail of the county for a period of one day for each dollar of penalty imposed, unless he shall enter into good and sufficient recognizance 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 Open season. Close season. "Person' defined. Singular and plural. Gender. First offense and refusal to pay. Penalty. Bail. Appeal, 28 GAME, FISH AND FORESTRY LAWS, Subsequent offense. Forfeiture. Where pro- visions of act shall not apply. other offense, the defendant shall, in addition to the penalty prescribed for the first offense, suffer an im- prisonment of one day in jail for each dollar of penalty imposed: Provided, That in every case of a con- viction for violation of any provision of this act, wherein a defendant suffers imprisonment in lieu of a cash payment of the penalty imposed, all traps, guns, shooting paraphernalia, boats, decoys, and other appliances used in violation of the law, and found or proven to have been either in possession or under control of the defendant at the time of such violation, shall be, and they are hereby, declared forfeited to the Commonwealth of Pennsylvania, and shall be sold under the direction of the Board of Game Commissioners ; and the money thus secured be applied by them, first, to the payment of the costs incurred, and the balance be deposited with the State Treasurer, for the use of the Commonwealth. The defendant being entitled to a credit of one day off his imprisonment for each dollar so deposited for the first offense only. Section 5. The following shall be considered game- birds in this Commonwealth: The Anatidae, com- monly 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 com- monly known as wild water fowl, — the Rallidae, com- monly known as rails, coots, mud-hens and gallinules ; the Limicolae, commonly known as shore-birds, plovers, surf-birds, snipe, woodcocks, sand-pipers, tattlers , and curlews ; the Gallinae commonly known as wild-turkeys, grouse, pheasants, partridges and quail; and the birds known as reed birds. Section 6, The game laws of this Commonwealth shall not be construed to apply to any public zoo- logical garden of the State, or to any public insti- tution of the State, wherein animals or birds may be maintained alive for educational purposes, or for the purpose of scientific study or experiment; or to the Board of Game Commissioners of this State, or to its duly authorized agent or agents, acting for the State ; and no laws of this State shall be held to prevent the Board of Game Commissioners, through its duly authorized agent, from destroying birds or animals destructive of game, in such manner as GAME, FISH AND FORESTRY LAWS. 29 they may direct. Nor shall the penalties as at- tached to any game law of this Commonwealth be construed to apply to the agent of any public school or museum, legally acting under the provisions of a certificate issued by the Board of Game Commis- sioners, authorizing the holder thereof to take birds, their nests and eggs, for strictly scientific study, as provided for in this act, in which case the holders of such certificates shall be limited to the rights and privileges therein named. The said Board of Game Commissioners shall be empowered to grant certificates, at their discretion, to the agent of any public museum in this Commonwealth, or to a teacher of ornithology in any school within this Com- monwealth, authorizing the holder thereof to take birds, their nests and eggs, for strictly scientific study or for mounting, or to any other person, or for propagation purposes, within the State, in accord- ance with the following provisions: A certificate to be known as an ordinary certificate, may be granted by the Board of Game Commissioners to any properly ac- credited person and legally authorized to act as the agent of any public museum, or to the teacher of ornithology in any school, within the Common- wealth, residing in this Commonwealth, permitting the holder thereof to collect wild birds other than game birds, their nests and eggs, within this Com- monwealth, for strictly scientific study and mounting, but not for sale or exchange, or shipment from or removal out of this Commonwealth, without the written consent of the President of the Board of Game Commissioners. The number 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. In order to secure this certificate, the party desiring the same shall file with the secretary of the Board of Game Commissioners, at Harjisburg, a petition asking that such privileges be granted him. Each and every person so desiring to practice taxidermy for profit, within this Commonwealth, shall, before beginning such practice, secure from the secretary of the Board of Game Commissioners of this State a certificate au- thorizing him to act thus ; and the possession of such certificate shall authorize such person to receive from persons who have legally taken the same, within the When pen- alties shall not attach. Granting of certificates. Ordinary certificates. Limitations. Petition. Taxidermy for profit. Certificates. 30 GAME, FISH AND FORESTRY LAWS, Pi-oviso. Report. Pee. Special cer- tificate. Condition of issue. Commonwealth, the skin, or any part thereof, of any birds or animal found within the Commonwealth, and to tan or cure or mount the same, either himself or through any legitimate employe ; and to tan or cure or mount the skin, or any part thereof, of any game-bird or game-animal, legally killed by himself or given to him by anyone who has legally killed the same ; and to sell such mounted specimen, only after written permission to so do has been procured from the Presi- dent of the Board of Game Commissioners of this Commonwealth: Provided, The holder of a certi- ficate 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, under oath, of all skins or parts thereof, either of game-birds or game- animals, killed by himself or presented to him, and sold by him under the provisions of his certi- ficate, with the name and place of residence of the person from whom the same were received ; and shall also answer truthfully and without evasion any ques- tion relative to violations of the game-laws of the State, by any person other than himself, that may be asked him by an officer of the said Board of Game Commissioners of this Commonwealth. A failure to so report or to answer the questions asked under the provisions of this section, shall be considered a just cause for refusal, upon the part of the Board of Game Commissioners, to renew the certificate of any taxidermist in this Commonwealth. The before-men- tioned petition shall be accompanied by the written statement of at least two well known citizens of the community in which said applicant may reside, certi- fying to the good character and fitness of said appli- cant to be entrusted with said authority. Said appli- cant shall pay to the secretary of said board the sum of one dollar for such certificate. A certificate, to be known as a special certificate, to take birds for strictly scientific study, may be issued by the Board of Game Commissioners, and shall be controlled by the same conditions and re- quirements as the ordinary certificate, excepting that such certificate may be issued only to a person of known scientific attainment in ornithology; in which case the holder thereof shall be authorized to take the GAME, FISH AND FORESTRY LAWS. 31 wild birds and animals of this State, without limi- tation, for strictly scientific study or experiment, but not for sale or exchange, or shipment from or removal out of the State, without the written permission of the President of the Board of Game Commissioners. Persons having a certificate, and taking a greater number of birds, nests or eggs than is permitted by this act, or the shipping of the same out of the State, or the sale of skins or parts thereof, either mounted or otherwise, excepting as herein provided, or in any manner violating any provision of this act, shall be subject to the penalties prescribed by existing law, in the same manner and to the same extent as though no certificate had been issued. Upon the conviction of the principal, therein named, of having violated any of the provisions of this section relative to either of these certificates, the certificate becomes void. Such certificate shall be in force for a period of one year from the date thereof, and shall not be trans- ferable. Section 7. A certificate, to be known as a propagat- ing certificate, may be issued by the Board of Game Commissioners to any accredited person of this Com- monwealth, of the age of twenty-one years or up- wards, permitting the holder thereof and his assist- ants to breed or raise game-quadrupeds or j^ame-birds of any kind in this Commonwealth, both or either, and to sell the same alive for propagating purposes, or to sell the dead bodies of game-quadrupeds for profit, under the following restrictions and regulations: Any person or corporation or association desiring to operate a propagating plant for game, in this Commonwealth, shall file with the secretary of the Board of Game Commissioners, at Harrisburg, a petition asking for this privilege. In all cases where the premises in- tended to be used for this purpose are under the con- trol of a company or association, the petition shall bear the name of the president of such body, and the certificate shaU be issued in his name. This petition shall be accompanied by a written description of the premises to be used for such purpose, with its loca- tion.^ Which said premises, for the purpose of this act, in the matter of the raising of small game, may be in such form as to the operator thereof seems best suited to his purposes. But in the matter of the raising of deer or other large game, the preserve Violations. Penalty. Forfeit. Term of certificate. Propagating, certificate. Petition. 32 GAME, FISH AND FORESTRY LAWS. Term of certificate. Forfeiture. Bond, Record shall be kept. Annual statement. shall in all cases be surrounded by a wire fence, of approved pattern for game preserves, with a height of not less than eight feet, so constructed and main- tained as to absolutely prevent wild deer from jump- ing into said preserve or in any manner passing into said preserve from the outside. It being also dis- tinctly understood, that before the fence surrounding any preserve of this character shall be completed or closed, all wild deer that may be found upon said territory be, as far as possible, driven therefrom by the owner of such lands, under the direction and supervision of an officer of the Game Commission. The certificate herein provided for shall be good for one year from the date thereof, and shall be transferrable only at the discretion and under con- ditions that may be prescribed by the Board of Game Commissioners. The bond hereinafter provided for shall be forfeited to the Commonwealth, and the cer- tificate to become void, upon the conviction of the principal, therein named, of having violated any of the provisions of this section, or having knowingly or negligently permitted any one to violate any of the game laws of this Commonwealth, on said prem- ises. Upon notification of the favorable consideration of this petition, by the Board of Game Commissioners, the applicant shall pay to said secreatry, for the use of the Commonwealth, the sum of one dollar, and file a duly executed bond, properly secured, in the sum of five hundred dollars, conditioned for the faith- ful keeping, upon the part of the principal therein named and his employes upon said premises, of all the provisions of this section and all other game-laws of this State. He shall keep, as nearly as possible, a just and true account, in a book to be kept for that purpose only, of all game raised on said premises; a just and true account of all game brought to said premises from outside of the preserve, the number of birds or animals with the time they were received, the place from whence they were shipped, and the name of the shipper. He shall keep a strict account of all game sold, its character, the number of birds or quadrupeds, the time and manner of shipment, with the name and address of the purchaser : and shall file with the secretary of the Board of Game Commissioners, at Harrisburg, an itemized state- ment from the before-named book account, at the close GAME, FISH AND FORESTRY LAWS. 33 of every twelve months, beginning with the date of the certificate. Data thus collected by the Board of Game Commissioners shall be held strictly confidential, and shall be used by said board only for the purpose of satisfying themselves that the law relative to this subject is being obeyed within said preserve, or as evidence in cases where they are satisfied the law is not being obeyed. This book, together with the premises described and all game thereon, shall be open to inspection upon demand of any member of the Board of Game Commissioners of this State, or of its secretary, or to any game protector, upon the presentation by such game protector of written in- structions from the secretary of the Board of Game Commissioners, directing him to thus inspect such plant ; and the refusal of any person holding a propa- gating certificate to permit such inspection by any of the ofiicers above named, or the neglect or refusal upon the part of said holder of such certificate to comply with the reasonable request of the secretary of the Board of Game Commissioners, in any matter pertaining to said plant in which the said board has a legal right to be heard, shall be sufficient cause for refusal upon the part of said board to renew any propagation certificate in this Commonwealth. All boxes or crates, or packages of any description, in which small game may be shipped or removed from said premises, shall, before removal therefrom, have attached therto a card, to be supplied by the Board of Game Commissioners, upon which shall be plainly written, in the blank spaces left for that purpose, the name and address of the purchaser, with the contents of the box, crate or package: Provided, That where deer, or any animal classed as large game in this Commonwealth, shall be raised in a preserve under the provisions of this section, they may be sold or given away, and shipped alive from said enclosure for propagating purposes, at any time of the year, of either sex, and in any number, when properly marked ; and may be killed within said enclosure, for sale or gift without regard to sex or numbers, * * * (See Sec. 4, Act April 21, 1915, page 92, relative to deer raised in captivity) * * *, under the following re- strictions: Before any deer, or large animal classed as large game in this Commonwealth, shall be removed or shipped from any propagating plant within this Boxes, crates, etc. shall be tagged. Deer and large game. Killing and shipment. Restrictions. 3 34 GAME, FISH AND FORESTRY LAWS, Tag or marker. Attachment of tag. ^ Forwarding of duplicate. Forwarding of tag. Failure to comply. Penalty. Unlawful removal o mutilation of tag. Commonwealth, there shall first be attached to either the crate or box in which the animal is shipped or to the animal itself, a tag or marker, in such form as may be decided upon by the Board of Game Com- missioners of this Commonwealth, which said tag or marker shall be supplied by said Board at cost, upon demand made by any person legally operating a propagating plant within this Commonwealth. These tags or markers shall be issued in duplicate, and it shall be the duty of any person raising and selling, or shipping, such deer or large game animal, to attach to either the crate or box in which a live animal is shipped, or to the body of a dead animal raised in such preserve, one of these tags or markers, and to forward the duplicate thereof at once to the Board of Game Commissioners, at Harrisburg. The tag or marker so attached to either crate or box or ani- mal, shall remain thus attached until the living animal is released from the crate or box, or the dead body of the animal is cut up for retail purposes or final consumption ; after which the tag or marker shall be removed from the crate or box, or remainder of the carcass, by the person finally disposing of the animal, and shall be at once forwarded to the Board of Game Commissioners, at Harrisburg. Each and every person failing to comply with the requirements of this section, in the matter of attaching tags or markers before shipment of animals, shall, upon conviction, be sentenced to pay a penalty of one hundred dollars for each offense. And each and every person failing to comply with the requirements of this section, in the matter of returning to the Board of Game Commissioners the tags so affixed, shall, upon conviction, be sentenced to pay a penalty of ten dollars for each offense. Section 8. It shall be unlawful for any person within this Commonwealth to wilfully or wantonly remove or mutilate or destroy any tags or marker so affixed to any crate or box or animal in compli- ance with the requirements of this act, at any time or at any place, within the Commonwealth, except as designated by this act, or by authority of the con- signor or consignee of such game, or of some officer of some court of this Commonwealth, or of some game protector of the Commonwealth. Each and every GAME, FISH AND FORESTRY LAWS. 35 person violating any provision of this section shall, upon conviction thereof, be sentenced to pay a penalty of fifty dollars for each tag or marker wantonly re- moved, mutilated or destroyed. Section 9. It shall be unlawful for any person within this Commonwealth to wilfully use any such tag or marker, prescribed by this act, for the pur- pose of protecting or carrying game of any kind killed outside of licensed preserves v/ithin this Com- monwealth, or for the purpose of protecting or carry- ing a second shipment of game from any such li- censed preserves within this Commonwealth. Each and every person convicted of such offense shall be sentenced to pay a penalty of one hundred dollars for each tag used in violation of the provisions of this section. Section 10. As amended by the act of April 22nd, 1913, P. L. 108. Section 10. It shall be unlawful for any person within this Commonw^ealth, except 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 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 expose the same for sale, within this Commonwealth ; or to transport or ship or remove, or attempt to transport or ship or remove, from this Commonwealth, for any purpose, such hird or any part of the plumage or skin thereof; or to have such bird in possession or under control, for sale; or to sell, or to offer to sell, within this Commonwealth, either living or dead, any wild bird other than a game bird, or any part of the plumage or skin there- of, of a kind found either in a wild state in. this Gommomcealth or that may have been brought into this Commonwealth from another State or country, and which belong to the same family as those found in a wild state in this Commonwealth. Whoever shall violate any provision of this section shall be liable to a penalty of ten dollars for each wild 'bird shot at, wounded, or killed, or taken, or had in possession, transported, shipped or removed, or attempted to be transported, shipped or removed, out of this Commonwealth, or for any part thereof. Penalty, Unlawful use of tag. Wild birds other than game-birds. Plumage or skins. Wounding, killing, shipment, sale, etc. Penalty. 36 GAME. FISH AND FORESTRY LAWS. Sale or bar- ter. Possession for sale. Shipment for sale. Penalty. Unprotected birds. Imported game. Legal pos- session. in any manner taken or held, for a purpose con- trary to any of the provisions of this act, such Mrd heing of a kind found in a wild state in this Com- monwealth; and any person acting either for him- self or as the agent or representative of another ^ who shall sell or harter,, or who shall attempt to sell or barter, or who shall have in possession for sale or barter^ within this Commonwealth; or who shall ship or remove, or cause to be shipped or removed, out of this Commonwealth, for sale or barter, a wild bird, either living or dead, or the skin or the plumage, or any part of such bird, or skin, or plumage, of a kind belonging to the same family as those birds found in a wild state in this Commonwealth; shall be liable to a penalty of twenty dollars for each bird, or bird skin, or bird plumage, or any part thereof, sold, offered for sale, had in possession for sale, or in any manner removed out of this Commonwealth for sale, contrary to the provisions of this section: Provided, however, That the blue jay, the English sparrow, the European starling, the kingfisher, the buzzard, sharp-shinned hawk. Coopers hawk, gos- hawk, duck hawk, pigeon hawk, the great-horned owl, the barred owl, and the crow, shall not be pro- tected by any law of this Commonwealth, and may be killed at any time: And provided further. That the owner or operator of a public or private plant, in which fish are artificially raised or retained, shall have the right to kill any great blue heron, night heron, or green heron, when such birds are caught in the act of destroying their fish; and that nothing in this act shall prevent the possession or sale alive, within this Commonwealth, of either game-birds or game-animals that have been imported for propagating purposes; * * * (See Sec. 4, Act April 21, 1915, page 92, relative to game raised in captivity) * * * or to pre- vent the possession of the tanned skin, or any part thereof, of any wild animal legally taken in this Com- monwealth, or brought into this Commonwealth from any other State or country, from which the same was legally imported ; or the possession of any part of a wild bird legally taken in this Commonwealth, or cap- tured elsewhere and legally imported into tliis Com- momvealth from any other State or country, for pur- poses of study or exhibition, or for any other purpose; but not for sale. GAME, FISH AND FORESTRY LAWS 37 Section 11. It shall be unlawful for any person to bring, or in any maner to have transported, into this Commonwealth, from any other State or country, any living specimen, or any egg thereof, of the bird known as the European starling, or any other bird or any living animal the importation of which is prohibited by the National Secretary of Agriculture, under the provisions of what is known as the Lacey Bill, or of any other law of this Nation, or to release within this Commonwealth any fox, wild-cat, mink, or weasel, brought into this State from another State. Whoever shall violate any of the provisions 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. Section 12. Excepting as provided in this act, no person within this Commonwealth shall take, or have in possession or under control, either the nest, or any egg found therein, of any wild bird, either game or otherwise protected by the laws of this Common- wealth, or shall wantonly interfere with or destroy any such nest or egg. Whoever shall offend against any of the provisions of this section shall be sen- tenced to pay a penalty of ten dollars for each nest of a wild bird, other than a game-bird, either inter- fered 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 destroyed . Section 13. It shall be unlawful for any person in this Commonwealth, excepting as provided for in this act, to take or kill or wound, or have in poses- sion, either living or dead, any game-bird or game- animal, or any part of such bird or animal, protected by this act. The open season as originally fixed by this section, amended by section 3 of the act of April 21st, 1915, page 92. Section 14. The open season for upland or grass plover, within this Commonwealth, shall be from the fifteenth day of July to the first day of December of each year. The open season for rail coot, or mud- hen, reed-bird, sandpiper, tattler, curlew, or any other shore bird, shall be from the first day of Sep- tember to the first day of January next following. The open season for Wilson or jack snipe shall be from the first day of September to the first day of May Unlawful importation. Penalty. Nests eggs. Penalty. Open sea- son. Grass plover, rail coot, or mud-hen, reed-bird, sandpiper, curlew, etc. 38 GAME, FISH AND FORESTRY LAWS. Snipe. Wild water- fowl. Violations. Penalty. Niffht hunt- " Night" defined. Killing ex- cept with Traps, snares and other de- vices. Exceiptions. next following. The open season for all kinds of birds known as wild water-fowl shall be from the first day of September to the tenth day of April next following. During which time such wild water- fowl, of all descriptions, and other birds named in this section may be killed without limit. Whoever shall shoot at, take, kill, or wound any of the birds named in this section, during the close season for such birds, shall, upon conviction, be sentenced to pay a penalty of ten dollars for each bird thus shot at, taken, killed, or wounded, contrary to the pro- visions of this section. Section 15. As amended by the act of April 6th, 1911, P. L. 49. Section 15. It shall be unlawful to shoot or in- jure, or to hunt for or to kill any of the game-birds protected bv this act, during the night time. And the word "night" shall be construed to mean, that time beginning one hour after sundown and extend- ing to one hour before the next sunrise following. Or to kill game of any kind within this Com- monwealth, excepting through or by the use of a !2fun such as usually raised at arm's length and fired from the shoulder. And no person, excepting as pro- vided for in this act, shall at any time set, lay, or prepare, or use, any trap, snare, net, bird-lime, swivel-gun, deer-lick, pitfall, turkey blind, turkey call or pen, or to make use of any artificial light, battery, or other deception or contrivance or device whatever, with intent to catch, take, injure, or kill any of the game-birds or game-animals in any of the sections of this act mentioned. Excepting that de- coys and blinds may be used in hunting wild water fowls ****** Whoever shall offend against any provision of this section shall be liable to a penalty of fifty dollars for each and every offense so committed. Note: See Sec. 2 of Act of June 15th, 1911, page 52, for bidding shooting at wild fowl before sunrise of any day. Note: A National law taking effect Oct. 1st, 1913, provides that no water fowl or other migratory bird shall be killed before sunrise or after sunset of any day. This National pro- vision controls in all cases where migratory birds are con- cerned. The open season for wild water fowl under the provisions of the National law is from October 1st to January 15th, both days inclusive, excepting on the waters of the Ohio river located in this State, where water fowl may be killed only during the months of November and December. GAME, FISH AND FORESTRY LAWS 39 Section 16. It shall be unlawful to hunt for or pursue, or to follow after, with intent to kill, any wild water-fowl protected by law, within this Com- monwealth, from or with, or through the use of, any craft propelled by any means other than oars, pole, or hand-paddle. Any person using a craft or boat for such purpose, other than one propelled by oars, pole or hand-paddle, or the captain or owner, or other person in charge, of such boat or craft, who shall allow or knowingly permit the same to be used contrary to the provisions of this section, while he is on board, shall be liable to the penalties herein imposed. Each and every person who shall violate any of the provisions of this section shall be sentenced to pay a penalty of fifty dollars per day, for each day on which any forbidden craft or boat may be used to hunt or pursue, or to follow after, with intent to kill, wild water-fowl; and ten dollars for each other contrivance or device set, placed, or carried contrary to the provisions of law. Section 17, regulating bag limit, changed by section 5, Act AprH 21st, 1915, page 93. Section 18. As amended by the act of May 1st, 1913, P. L. 137. Section IS. It shall be unlawful for any person to shoot at, or take or kill or wound, or attempt to take or kill or wound, any deer in this Commonwealth, except from ***** the open season for deer changed by section 3 of act of April 21st, 1915, page 92, * * * * or have a deer so killed or taken, or any part thereof, in possession, except during said open season and for thirty days thereafter: Provided, That the possession of the dead body of a deer, or any part thereof, shall, unless the head, bearing horns, be attached thereto, or unless said head bearing horns, shall be immediately produced upon demand made by an officer of the Com- monwealth whose duty it is to protect the game of the State, in all instances, be prima facie evidence of a violation of the provisions of this act, and shall render the person in whose possession or under whose control the same may be found, or may be proven to own the same, liable to a penalty of one hundred dollars for each offense. Each and every person violating any provisions of this section shall be sen- tenced to pay a penalty of one hundred dollars for each offense. Unlawful use of water craft. Penalty. Deer. Prima facie evidence. Penalty. 40 GAME, FISH AND FORESTRY LAWS, Deer in streams, ponds, etc. Dogs. Penalty. Buckshot. Guns. Violations. Penalty. Dogs run- ning deer. Killing of. Section 19. It shall be unlawful for any person, at any time, to shoot at, or to kill, wound, or cap- ture, any deer in the waters of any of the streams, ponds, or lakes within this Commonwealth; or for any person to make use of a dog in hunting deer within this Commonwealth ; and the fact that a do^ 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 per- mitted to remain with any individual, or in the camp of any person or persons, who may go to hunt during the open season for deer in this State, 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 within this Commonwealth, 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 where- in a dog may be taken by any individual, run after, pursue, or follow upon the track of any deer or fawn for a distance of one hundred yards. It shall be unlawful for any person to make use of what is known as buckshot in hunting deer within this Commonwealth; or to kill or wound, or attempt to kill or wound, any deer within this Commonwealth, by or with or through the use of a gun propelling or emitting more than one pellet, bullet, or ball, at such deer, through a single discharge. Any person violating any of the provisions of this section shall be subject to the penalties provided by this act for the unlawful taking or killing of deer during the closed season. Section 20. Any dog pursuing or following upon the track of a deer or fawn within this Common- wealth 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 a deer or fawn within this Commonwealth ; or by a game-pro- tector, deputy game-protector, game-warden, forestry- warden, or any other officer of the State, whose duty it is to protect any of the game of the State, upon affidavit being made by one or more persons GAME, FISH AND FORESTRY LAWS, 41 acquainted with the facts, before an oflBcer author- ized to administer oaths, that said dog is in the habit of, or has been seen or heard running upon the track of or pursuing any deer or fawn in this Com- monwealth, within a period of one year from the date of such affidavit. The owner of a dog thus killed in conformity v/ith the law, or proven to have pursued a deer for the distance of one hundred yards or more within this Commonwealth, shall be liable 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 run- ning at large, without aid or direction of its master. Where the owner of a dog shall neglect or refuse to take care of his dog, 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, he shall be liable to double the amount, as fixed above, for the first offense, such penalty to be recovered as are other penalties imposed by this act. Section 21, as amended by the act of April 15th, 1915, P. L. Section 21. Any dog pursuing or following upon the track of any game-quadruped, such as hare or rabbits, and known as small game, or following upon the track of any game-bird or other wild bird pro- tected by existing law, during what is known as the closed season for such animal or bird in this Common- wealth, 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 employe of such owner or lessee, or by a game-protector, deputy game-pro- tector, game-warden, forestry-warden, or any other officer of the Commonwealth whose duty it is to protect the game or wild birds, unless such dog shall wear a collar having attached thereto a metallic tag or plate upon which shall be plainly inscribed, in Engish, the name and address of the owner of such dog ; and any dog thus wearing a collar, inscribed as before mentioned, pursuing small game, during what is known as the closed season for such game or wild birds, may be killed by the owner or lessee of any land upon which such dog may be found, or by any employe of either the owner or lessee, or by a game- protector, deputy game-protector, game-warden, for- estry-warden, or any officer of the State whose duty Owners' lia- bility. Notice to owner. Double pen- alty. Dogs pur- suing game. Public nui- sance. Killing of. Collar and name plate. Killing of dog. 42 GAME, FISH AND FORESTRY LAWS. Notice. Proviso. Training of dogs. Elk or deer. Ruflfed grouse, wild turkey, woodcock, quail. Wild duck and wild Koose, etc. Proviso. Violation. it is to protect the game of the State, when such dog is seen upon the track of such game, after notice in writing from that particular person, or from the Secretary of the Game Commission, has been given to the owner or reputed owner of such dog, to the effect that the dog in question is in the habit of destroying, or pursuing, or following upon the track of game or wild birds, contrary to the provisions of this section: Provided, That dogs, when accompanied by and under control of their masters, may be trained upon any of the living wild game or birds of this State, excepting elk and deer and fawn, from the first day of Septemier to the first day of March next following, so long as no injury is inflicted upon said animals or birds. *Section 22. As amended by the Act of May 9th, 1913. P. L. 193. Section 22. No person shall at any time, within this Commonwealth, buy or sell or barter, or expose for sale or barter, or have in possession for sale or barter, any elk or any deer, or any part of either an elk or a deer, that has been killed, taken or captured in a wild state in this Commonwealth, and no person shall at any time within this Commonwealth, buy or sell or barter, or attempt to sell or barter, or have in possession for sale or barter, any ruffed grouse, commonly called pheasant, or any wild turkey, or any woodcock, or any quail, commonly called Virginia partridge, that shall have been killed or captured, either within or outside the boundaries of this Commonwealth ; and no person within this Commonwealth 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 shall have been killed, taken, .or captured in this Commonwealth, or that may have been brought into this Commonwealth for sale, between the first day of January and the first day of September of each year: Provided, That nothing in this section shall be construed to prevent the purchase or sale or in- troduction into this State, at any time, of either elk or deer or birds, alive, for propagating purposes. Each and every person who shall violate any of the provisions of this section relative to the pur- *Also see Sec. 4, Act April 21, 1915, page 91. relative to sale of game. GAME, FISH AND FORESTRY LAWS. 43 chase or sale or barter of elk or of deer shall be liable to a penalty of one hundred dollars for each offense . Each and every person who shall violate any provi- sion of this section relative to the purchase or sale or barter of ruft'ed grouse or of wild turkey, or of woodcock or of quail, shall be liable to a penalty of twenty-five dollars for each bird, or part thereof, in any way had in possession or handled contrary to the provisions of this section. Each and every person in s-.ny way violating the pro- visions of this section relating to the sale or barter of wild water-fowl, or the bringing of such wild water-fowl into this Commonwealth, shall be liable to a penalty of ten dollars for each bird in any way handled contrary to the provisions of this section. Section 23. No person shall have in his posses- sion, excepting during the open season therefor, and thirty days thereafter, any ruffed-grouse, commonly called pheasant, any English, Mongolian, or Chi- nese pheasants, any quail, commonly called Virginia partridge, any wUd-turkey, any woodcock, any Hun- garian quail, or any other game-bird, protected by this act, or any deer, or the dead body of any deer or hare or rabbit or squirrel, or parts thereof, which shall have been caught, killed, or taken within this Com- monwealth. Each and every person violating any provision of this section shall be liable to a penalty of fifty dollars for each deer, and twenty-five dollars for each bear, and ten dollars for each game-bird of any kind, protected by this act, and five dollars for each hare or rabbit, or gray or black or fox squirrel, or for any part thereof, which shall have been law- fully taken or killed within this Commonwealth, and unlawfuly held contrary to the provisions of this section: Provided, That the owner or owners of game preserves in this State shall have the right to keep living deer and fawn therein at all times, to kill the same subject to the laws of this State, and to sell or give away the same, under the provisions of this act ; and that all kinds of game killed in this Commonwealth, excepting deer, wild-turkey, ruffed- grouse, woodcock, quail, commonly called Virginia partridge, and Hungarian quail may be bought and sold within the Commonwealth during the open season for such game, and for thirty days thereafter.* ♦See act of April 21, 1915. page 91, further prohibiting sale of game. Penalty. Violation. Penalty. Violation. Penalty. Unlawful possession of pheasant, quail, wild- turkey, woodcock, deer, bear, etc. Penalty. Game pre- serves. Game that may be bought and sold. 44 GAME, FISH AND FORESTRY LAWS. Killing bear out of Purchase, sale, etc., of dead game quad- rupeds or game-birds. Penalty. Hunting with. Possession or control of ferrets. Sections 24 and 25 amended by section 3 of the act of April 21st, 1915, relating to seasons, and sec- :ion 7 of same act, relating to killing game for wages or hire. Pages 92 and 95 of this pamphlet. Provided, That nothing in this act shall be con- strued to prevent any person from killing a bear, within this Commonwealth, when such animal is in- flicting or attempting to inflict injury to either the person or personal property of any individual within the Commonwealth ; or the killing of such bear in a pursuit commenced within forty-eight hours after the commission of such offense ; or at any time after the commission of such offense, upon the affidavit of one or more persons to the effect that they have rea- sonable cause to believe that the bear in question has committed such offense, or to prevent any person from killing a bear, at any time, when such animal is found upon his own property and within one mile of his place of residence. Section 26. Excepting as permitted by this act, no person shall purchase, sell, or expose for sale, or have in his possession for any purpose whatsoever, the dead body or any part thereof, of any game quad- ruped or game-bird of the kinds enumerated in any section of this act, if the same have been caught, killed, or taken within this Commonwealth, save only during the open season for such kinds of game in this State, and for thirty days thereafter. Each and every person who shall offend against any of the provisions of this section 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 closed season . Section 27. No person within this Commonwealth shall hunt or catch or kill, or cause or permit the hunting of, hare or rabbits, with or through the use of a ferret, under the penalty of twenty-five dol- lars for each ferret so used, and ten dollars as fixed by Sec. 10 of the act of April 21st, 1915. Page 97. Fine for killing a rabbit in any way except with a gun. And the fact that any person shall place a ferret in any hole or opening in the ground outside of buildings, in which a rabbit might be found, or shall be caught in the act of using a ferret in the taking of hare or rabbits or shall have a ferret in possession or under control in either the fields or forests or in the highways of this Commonwealth, GAME, FISH AND FORESTRY LAWS, 45 or shall be proven to have used a ferret while hunting, or shall while going hunting or while returning from such a hunt have a ferret either in possession or under control, shall render such person liable to the penalty of twenty-five dollars for each ferret had in possession or under control at any time. Any fer- ret found in the possession or under the control of a person convicted of violating any provision of this section shall be forfeited to the Commonwealth, and shall be immediately killed by the officer into whose hands such animal may come. Section 28. No person, company, or corporation, or the agent or the employe thereof, 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 possession or under his control, any of the game- birds or game-mammals or wild birds of this State, the killing of which at any or all times is prohibited by the laws of this State, with intent to allow or aid in the shipment or removal thereof out of this State; and, excepting as provided for in this act, it shall be unlawful for any person, railroad com- pany, express company, stage driver, or any corpora- tion or person acting in the capacity of a common carrier their officers or employes, to knowingly re- ceive 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- mammals mentioned in this act. Whoever shall offend against any of the provisions of this section shall be liable to a penalty of one hundred dollars for each and every offense: Provided, That nothing contained in the laws of this Commonwealth shall be held to impose any penalty upon the transportation of game in unbroken packages, in transit through this State from another State, or to the shipment out of the State at any time, of game legally killed or taken in another State, whether the same be in original packages or otherwise; and no penalty shall attach, in any way, when game legally killed in this Com- monwealth is delivered, in good faith, to an express company or other common carrier for transportation from one point to another point in this State, and actually delivered at the point of destination within Fine. Forfeiture. Shipment or removal of game from the State. Common carriers. Penalty. Game in transit. 46 GAME, FISH AND FORESTRY LAWS. Proviso. Non-resi- dent, may- take one day's shoot, etc. Proviso. Possession of game during close season. Quail, trap- ping of. Removal of quail from one place to another place. Summary conviction. this State, if necessarily carried out of this State to reach its destination: And provided further. That any non-resident licensed hunter may take with him personally, when leaving the State, any of the game- mammals or game-birds that such licensee has law- fully taken or killed in this Commonwealth, not exceeding the number that any one person may law- fully take or kill in any one day: Provided, That no game shall be taken out of this State unless accom- panied by the owner thereof, and the game so shipped shall have attached thereto a tag showing the name and address of the owner and the number of his license. Section 29. The possession during the close season, by any person within this Commonwealth, of a living 04' dead bird or animal of any kind protected by this act, or the possession of any part thereof, or of the egg or nest or any part thereof of any such bird, shall be prima facie evidence that the same was taken or held contrary 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 fixing a penalty for the killing of such bird or animal out of season, or of that provision fixing penalties for interfering with bird's nests, as the case may require. Section 30. It shall be lawful to trap quail, com- monly called Virginia partridge, or Hungarian quail, from the first day of January to the first day of April next following, for the purpose of keeping them alive during the winter, or for the purpose of separat- ing a covey to increase the chances of propagation, but for no other purpose whatever ; and quail thus taken shall not be transported from one locality to another locality in this State, excepting by written permission of the President of the Board of Game Commissioners. All birds thus taken should be lib- erated in the spring, as soon as the weather will permit. Section 31. Each and every magistrate, alder- man, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the provisions of this act ; and all actions for violation of any of said provisions, excepting where the de- GAME, FISH AND FORESTRY LAWS. 47 Warrant. Hearing. fendant is taken in the act or on pursuit immediately following said act, shall be commenced by affidavit, made within one year of the time of the commission of such offense. Each and every magistrate, alder- man, or justice of the peace, on complaint made before him, by the affidavit of any person, of a violation of any of the provisions of this act by any person, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police ofneer, game-protector, deputy game-protector, or any other peace officer of the State whose duty it is to protect the game or wild birds of the State ; and to cause such persons to be brought before him, the said magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guUt or innocence of the person charged. If the accused be convicted of such offense, he shall be sentenced to pay the penalty prescribed by the section violated, together with the costs of suit. All penalties col- Penalties lected in cases where the prosecutor is a game-pro- tector shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn^ shall, as soon as may be, either deliver or forward such amount to the Secretary of the Board of Game Commissioners, who shall deposit the same in the State Treasury, for the use of the Commonwealth. Where any other than a game-protector is the prose- cutor, one-half of any penalty thus collected shall belong to such prosecutor, and shall be paid to him by the court receiving the same ; and the remaining one-half of such penalty shall be forwarded, within ten days after said conviction, by such court to the Secretary of the Board of Game Commissioners, at Harrisburg, together with a statement of the cause for which said money was collected. It shall be the duty of said Secretary to keep a record of the cause for which said money was collected, and deposit the same, at least once a month, with the State Treas- urer, for the use of the Commonwealth. Any de- fendant, being dissatisfied with the finding of the alderman or justice of the peace, in a trial for any violation of the game laws of this Commonwealth, shall be entitled to an appeal. The case to be pro- ceeded with as are charges of misdemeanor regularly returned to the court of quarter sessions of the peace ; and it shall be the duty of the district attorney to submit a bUl of indictment, charging the offense re- DisposltlcB of penal- ties. Appeal. 48 GAME, FISH AND FORESTRY LAWS, Conviction. Failure to pay fine. Proviso. Acknovpl- edgment of offense. Receipt. Repeal. turned, to the grand jury at its next regular session. Which said court, on the conviction of the defendant of such offense and his failure to pay the penalty im- posed by this act, together with the costs of prosecu- tion, shall commit such defendant to the common jail of the county for the time as prescribed by section four of this act: Provided, That any person charged with a violation of any provision of this act, may, at his discretion, sign an acknowledgement of the offense committed, and pay to the duly authorized game-pro- tector or deputy game-protector the penalty in full, as fixed by the section violated, together with costs to that date ; and the printed receipt which he shall receive therefor, 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 32. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved— The first day of May, A. D. 1909. EDWIN S. STUART. Act 1909, May S, P. L. Wild birds and animals and game. Unlawful for unnat- uralized for- eign-born residents to hunt. Or to own or possess sbotgun or rifle. AN ACT To give additional protection to wild birds and ani- mals and game within the Commonwealth of Penn- sylvania ; prohibiting the hunting for, or capture, or killing of, such wild birds or animals or game by unnaturalized foreign-born residents ; forbidding the ownership or possession of shotgun or rifle by any unnaturalized foreign-born resident, within the Commonwealth ; and prescribing penalties for vio- lation of its provisions. Section 1. Be it enacted, &c.. That from and after the passage of this act, it shall be unlawful for any unnaturalized foreign-born resident to hunt for or capture or kill, in this Commonwealth, any wild bird or animal, either game or otherwise, of any descrip- tion, excepting in defense of person or property; and to that end it shall be unlawful for any unnaturalized foreign-born resident, within this Commonwealth, to either own or be possessed of a shotgun or rifle .of any make. Each and every person violating any pro- vision of this section shall, upon conviction thereof, be sentenced to pay a penalty of twenty-five dollars GAME. FISH AND FORESTRY LAWS. 49 for each offense, or undergo imprisonment in the common jail of the county for the period of one day for each dollar of penalty imposed: Provided, That in addition to the before-named penalty, all guns of the before-mentioned kinds found in possession or under control of an unnaturalized foreign-born resi- dent shall, upon conviction 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 hereinafter directed. Section 2. For the purposes of this act, any un- naturalized foreign-born* person who shall reside or live within the boundaries of the Commonwealth of Pennsylvania for ten consecutive days shall be con- sidered a resident, and shall be liable to the penalties imposed for violation of the provisions of this act. Section 3. That the possession of a shotgun or rifle at any place outside of buildings, within this Commonwealth, by an unnaturalized foreign-born resi- dent, shall be conclusive proof of a violation of the provisions of section one of this act, and shall render any person convicted thereof liable to the penalty as fixed by said section. Section 4. That the presence of a shotgun or rifle in a room, or house, or building, or tent, or camp, of any description, within this Commonwealth, oc- cupied or controlled by an unnaturalized foreign-born resident, shall be prima facie evidence that such gun is owned or controlled by the person occupying or controlling the property in which such gun is found, and shall render such person liable to the penalty imposed by section one of this act. Section 5. That notice of the seizure of all guns, made for violation of any provision of section one of this act shall be sent to the Board of Game Com- missioners, at Harrisburg, by the 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, shall be paid to the State Treasurer for the use of the Com- monwealth. Violations. Penalty. Proviso. Forfeiture of guns. "Unnatural- ized for- eign-born resident" defined. Possession outside of building. Presence of guns in room, house, etc. Notice of all seizure. Sale. 50 GAME, FISH AND FORESTRY LAWS, Duty of ofllcers. Sunday arrests. CoDcealnient of gun. Search warrant. MagiBtrates, aldermen, and justices Summary conviction. Affidavit. Warrant. Section 6. That all duly appointed and sworn ofiBcers of the Board of Game Commissioners of this Commonwealth, and all con.stables, police oflBcers, members of the State constabulary, forestry-wnrdens, 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-born residents, when they find such person with guns of the before-mentioned kind in possession, within the Commonwealth of Penn- sylvania. Such arrests may also be made upon Sunday, in which case the tperson 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 foreign- 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, 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, and justice of the peace of this Commonwealth shall have the power of summary conviction pertaining to the violation of any of the provisions of this act ; 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 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 GAME, FISH AND FORESTRY LAWS. 51 known as a police officer and authorized to serve warrants, and cause such person to be brought before such magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guilt or innocence of the party charged. If the accused be convicted of such offense, he shall be sentenced to pay the full penalty prescribed by the section vio- lated, and to pay all costs of prosecution. All penalties collected in cases where the prosecutor is a paid officer of the Board of Game Commissioners shall be immediately surrendered by the court re- ceiving the same to such prosecutor, who in turn shall, as soon as may be, forward or deliver such amount in full to the Secretary of the Board, who shall at once deposit the same to the use of the Com- monwealth. Where any other than a paid officer of the Board of Game Commissioners is the prosecutor, one-half of any penalty thus collected shall belong to said prosecutor, and be paid to him ; and the remain ing one-half shall be forthwith forwarded to the Sec- retary of the Game Commission, at Harrisburg, together with a statement of the cause for which said money shall have been collected. The cost of which statement is hereby fixed as fifty cents, and made a part of the costs of prosecution. It shall be the duty of the Board of Game Commissioners to keep a record of the cases for which said money was collected, and to deliver the fund thus arising, at least once a month, to the State Treasurer, for the use of the Commonwealth. Any defendant refusing to pay such penalty, with the costs of prosecution, shall be com- mitted to the common jail of the county, for a period of one day for each dollar of penalty imposed, unless he shall enter a good and sufficient recognizance, with one or more sureties, to pay such penalty within ten days, or to answer such complaint, upon the charge of misdemeanor, before 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 penalty imposed: Provided, That any person charged with violation of the provisions of this act may, at his discretion, sign an acknowl- edgment of the offense committed, and pay any duly sworn game-protector the penalty in full, as Hearing. Disposition of fipes. Duty of th Board. Refusal to pay penalty. Penalty. Commit- ment. Proviso. Acknowledg- ment of offense, and payment. 52 GAME, FISH AND FORESTRY LAWS. Receipt. Proviso. fixed by the section violated, with costs to that date and the printed receipt therefor, which shall in every instance bear the seal of the Board of Game Com- missioners and the signature of its Secretary, shall be evidence of full satisfaction for the offense com- mitted: Provided also. That all guns seized, in cases in which the before-mentioned receipt is given, shall be sold under the provisions of section five, and the moneys realized therefrom be applied as therein di- rected . Section 8. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved— The 8th day of May, A. D. 1909. EDWIN S. STUART. Act of June 15, 19U, P. L. 957. Game. Wild water- fowl. Limiting number of decoys. Shooting be- fore sunrise prohibited. Violations. Penalties. AN ACT Giving additional protection to wild waterfowl of all kinds in this Commonwealth limiting the number of decoys that may be used by any one person at one time, or by any number of persons acting to- gether ; forbidding the shooting of wild waterfowl before sunrise ; and imposing penalties for viola- tion of its provisions. Section 1, Be it enacted, &c.. That from and after the passage of this act, it shall be unlawful for any person, or for any number of persons acting together, to place in any of the waters of this Com- monwealth, for the purpose of attracting wild water- fowl of any description, more than twenty specimens of artificially prepared wooden ducks, or ducks of any character, commonly used as decoys, or to shoot over or attempt to control more than twenty such decoys, so placed as to cover not exceeding one- fourth of a mile, upon any stream or lake within this Com- monwealth. Section 2. That it shall be unlawful for any per- son, either using decoys or otherwise, to shoot at wild waterfowl of any kind before sunrise of any day, upon any of the waters located within this Commonwealth . Section 3. Each and every person violating any provision of this act shall be liable to a penalty of ten dollars for the first offense, or shall suffer GAME, FISH AND FORESTRY LAWS. 53 an imprisonment of one day for each dollar^ of pen- alty imposed. For the second or any additional of- fense after the frst offense each person violating any provision of this act shall be liable to a penalty of ten dollars and ten days in jail; and also shall be liable to have all decoys, boats, and guns, used in violation of law, confiscated to the use of the Commonwealth of Pennsylvania ; the same to be sold as confiscated property is sold under the provisions of an act, entitled "An act to provide for the pro- tection and preservation of game, etc.," approved the first day of May, Anno Domini one thousand nine hundred and nine. Section 4. Each and every magistrate, alderman, and justice of the peace of this Commonwealth shall have the power of summary conviction in all matters pertaining to the enforcement of any of the provisions of this act, and all actions for viola- tion of any of said provisions, excepting where the defendant is taken in the act, or in pursuit imme- diately following said act, shall be commenced by afiidavit, made within one year of the time of the commission of such offense. Each and every magis- trate, alderman, and justice of the peace, on com- plaint made before him, on affidavit of any person, of a violation of the provisions of this act by any person, is herewith authorized and required to issue his warrant, under his hand and official seal, di- rected to any constable, police officer, game pro- tector, or any officer of the State known as a police officer and authorized to serve warrants ; and cause such person to be brought before such magistrate, alderman, or justice of the peace, who shall hear the evidence and determine the guilt or innocence of the party charged. If the accused be convicted of such offense, he shall be sentenced to pay the full penalty prescribed by the section violated, and to pay all costs of prosecution . All penalties collected in case where the prosecutor is a paid officer of the Board of Game Commissioners shall be immediately surrendered by the court receiving the same to such prosecutor, who in turn shall, as soon as may be, forward or deliver such amount in full to the Secre- Confiscation of decoys, boats and ffuns. ■ Summary conviction. Actions. Procedure. Hearing. Penalties. Note: A National law taking effect Oct. 1st, 1913, provides that no wild water-fowl, or other migratory bird, may be legally killed before sunrise or after sunset of any day. This National provision controls in all cases where migratory birds are concerned. 5i GAME, FISH AND FORESTRY LAWS. Dif^osi'tlon ol funds. Refusal to pay penalty. Bail. Commit- ment. Proviso. Plea of guilty Repeal. tary 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 Commis- sioners is the prosecutor, one-half of any penalty thus collected shall belong to said prosecutor, and be paid to him ; and the remaining one-half 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 at fifty cents, and made a part of the costs of prosecution. It shall be the duty of the Board of Game Commissioners to keep a record of the cases for which said money was collected, and to deliver the funds thus arising, at least once a month to the State Treasurer, for the use of the Common- wealth. Any defendant refusing to pay such penalty and the costs of prosecution shall be committed to the common jail of the county, for a period of one day for each dollar of penalty imposed, unless he shall enter a good and sufficient recognizance, with one or more sureties, to pay such penalty within ten days or to answer such complaint, upon the charge of misdemeanor, before 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 penalty imposed: Provided, That when %ny person shall be charged with the violation of any of the provisions of this act, such person may appear before the court of quarter sessions, or a magistrate having jurisdiction, of the proper county, and there plead guilty to such charge; where- upon the said court shall impose the sentence first mentioned in section three, which, with the costs, shall be paid forthwith by such person. Section 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved— The 15th day of June, A. D. 1911. JOHN K. TENER. GAME, FISH AND FORESTRY LAWS. 55 Title of Act as amended by Act of June 3rd, 1915. AN ACT Amending an act, entitled "An act, supplementary to 'An act for the taxation of dogs and the protec- tion of sheep,' approved the twenty-fifth day of May, Anno Domini one thousand eight hundred and ninety-three ; requiring all dogs to wear a collar to be provided by the owner, together with a tag to be attached thereto showing payment of tax, said tag to be provided by the county commissioners ; im- posing certain duties upon constables, tax collectors and county commissioners ; and providing for the killing of dogs whose owners fail to comply with this act and the act to which this is a supplement; and providing penalties for failure to comply with the provisions of this act," approved the fifteenth day of June, one thousand nine hundred eleven, as amended so that assessors of the several cities, wards, boroughs, townships, or other assessment districts of this Commonwealth, shall collect an annual license fee for said dogs at the time of the annual assessment and issue a receipt and a tag therefor ; providing for the publication of the as- sessor's list of licensed dogs ; requiring that all un- licensed dogs be killed, and fixing penalties for the violation of this act. Section 1 as amended by the act of May 20th, 1913, P. L. 259. Section 1. Be it enacted, &c.. That hereafter all dogs * * * (See Sec. 3 as to age of taxable dogs) * * * shall be required to wear, at all times, a substantial collar, to which shall be attached the tag hereinafter mentioned ; said collar to be furnished by the owner of said dog or dogs, and said tag to be furnished by the county commissioners, and to be paid for by them out of the fund realized from the taxation of dogs. Sections 2, 3, 4, 5, 6 and 8 as amended by Act of June 3rd, 1915, P. L. 791. Section 2. The county commissioners of the several counties shall prepare and furnish, anuually, to the several assessors of the county metal tags, to be given by said assessors to the owners of dogs when said owners shall pay the license assessed upon said Act of May 26th, 1893 as amended bv the Act of June 15, 1911. as amended by the Act of June 3, 1915, P. L. 791. Age of tax- able dogs. Collar and tag. 56 GAME. FISH AND FORESTRY LAWS. Duty of Metal tags. Number of dogs to be ascertained. License fees. Attachment of tags. Duty of Publication of list of dogs, etc. dogs. It shall be the duty of the assessor, at the time payment is made by the owners of dogs, as here- in provided, to deliver to each of said owners, a li- cense receipt, — also a metal tag, bearing a serial number corresponding with the number on the receipt issued to said owner, as hereinbefore provided, — and said tag shall also have impressed thereon the cal- endar year for which such tag is issued ; said tag to be not less than one inch wide or less than one inch in length, and be equipped with a substantial metal fastening device, and the general shape of said tag shall be changed from year to year. If any such tag should be lost it shall be replaced without cost by the county commissioners, upon application to them by the person to whom the original license was issued, and upon production of the original receipt. Section 3. That the assessor be required at the time of assessing the property of every property holder of his district, as now required by law, to make diligent inquiry as to the number of dogs owned, har- bored, or kept by the person so assessed, that such person so assessed shall pay immediately to the asses- sor the license fee to be fixed by the county commis- sioners, borough or city oflScials ; said fee for each male dog or spayed female dog, shall not exceed two dollars, the fee for the female dog shall not exceed four dollars ; that the said sum shall be paid on all dogs over eight months of age ; that the assessor shall make a memorandum of any dog on any premises that are not claimed by the owner of said premises. At the time of payment of the dog license by the owner of such dog, the assessor shall give to said owner one of said tags prepared for the year for which said license is paid, which said tag shall there- upon be attached to the collar of the dog for which said license was paid by the owner of said dog. Section 4. It shall be the duty of the assessor to publish in one or more county papers of general circu- lation printed in the English language, and published in the county in which such assessor resides (expense to be met by the general dog fund), a list of the dogs so assessed, giving the name and address of the owner of each dog, together with the sex of each dog and the number on the tag therefor. If, upon publication of the assessor's report, any reputable citizen of such district shall furnish conclusive proof to the county GAME, FISH AND FORESTRY LAWS, 57 commissioners of one or more dogs in the community that were not reported as assessed, the county com- missioners shall be required to make an investigation of the accuracy of this assessor's work, and see that the penalty of the law is carried out for such failure, either of the assessor or owner, to make a true report. Section 5. Upon completion of the assessor's re- port, the county commissioners shall be empowered to call upon constables or State constabulary to kill all dogs not wearing a license tag, regardless of whose property they may be, and such officers shall not be liable to criminal or civil prosecution in the discharge of this duty: Prpvided, however. That before such action is taken they give thirty days' notice through one or more newspapers of general circulation, printed in the English language, in said county, that such action will be taken ; that upon any citizen furnishing to the county commissioners conclusive evidence of one or more unlicensed dogs running at large in any district or community, the county commissioners shall be required to have the unlicensed dogs in such community killed. Upon receipt of said notice from the county commissioners it shall thereupon be the duty of such constable to kill all such unlicensed dogs, and for such service said constable shall be entitled to receive for each dog killed and buried, cremated, or otherwise legally disposed of by him, from the county commissioners, out of the fund realized from the licensing of dogs, the sum of one dollar. For failure to perform his official duty under the pro- visions of this section the constable shall be liable to a penalty of two dollars for each offense, which said amount shall be deducted from any amount due such constable from the county at the next settlement between such officer and the county commissioners ; and provided further, that no dog shall be killed as set forth in this section when any authorized agent of any humane society shall indicate his willingness to take such dog and dispose of it otherwise. Section 6. Every person keeping a dog or dogs about his house or premises, permitting such dog or dogs to stay about his house or premises, shall be taken and deemed to be the owner of such dog or dogs, for all the purposes of this act; and shall be liable for the license of such dog or dogs, as the case may be ; the same to be recovered as are other licenses imposed in this Commonwealth. Dogs not reported. Killing of unlicensed dogs. ProTiso. Notice. Duty of county com- missioners. Duty of constables. Failure to perform duty. Penalty. "Owner' defined. 58 GAME, FISH AND FORESTRY LAWS, Dogs not wearing ool lar 'and tup Public, nuisaufe. FallHre of assessor to perform duties. Penalty. Repeal. Proviso. Section 7. All dogs not wearing the collar and tag required by the provisions of this act are hereby declared to be a public nuisance; and such dog may bo killed at any time by the owner of lands within the Commonwealth, or the bona fide tenant upon lands within the Commonwealth, or by the employe of either owner or tenant upon whose lands such dog may be found, and the owner of such dog so killed shall have no recourse at law whatever. Section 8. For failure of the assessor to perform his duties under the requirements of this act, he shall be liable to a penalty of two dollars in each case, which amount shall be deducted in any settlement occurring between said officer and the county com- missioners. Section 9. All acts or parts of acts providing for the assessment of dogs for purposes of taxation, and all other acts or parts of acts inconsistent herewith, be and the same are hereby repealed: Provided, That all taxes now levied and assessed against dogs, under any previous act and remaining unpaid, shall be col- lected under the provisions of the acts in force at the time said taxes were levied. Approved— The 3rd day of June, A. D. 1915. MARTIN G. BRUMBAUGH. This is not a game law and is put here only for the purpose of information to owners of dogs. AN ACT ii^-^ la^o"''^ For the Detter protection of the wild birds known L.' s_ "• ■ as the turtle or mourning-dove, the killdeer plover, * * * in Pennsylvania, and prescribing penalties for violation of its provisions. Wild biidi-. Turtle-dove. klUdeer. plover. Continuous protection. Section 1. Be it enacted, &c.. That from and after the passage of this act, the wild birds known as the turtle or mourning-dove, the killdeer plover * * * now classed as game-birds in this State, shall be taken from the list of birds at this time accorded but partial protection in this State, and shall be added to that class of birds known as "wild birds other than game-birds," to which class continuous pro- tection is accorded. Violations. Penalty. Proviso. Blaekbirdg. GAME, FISH AND FORESTRY LAWS. Section 2 as amended by the act of April 15th, 1915, P. L. 131. Section 2. Except as provided by the law of this Commonwealth, it shall be unlawful for any person at any time to take or kill or wound, or to attempt to take or kill or wound, either a turtle- or mourn- ing-dove, or a killdeer plover, in this Commonwealth; or to have such dove or such plover, or any part of either bird, in possession; under a penalty of ten dollars for each bird, either dove or plover, taken or killed or wounded, or attempted to be taken, or killed, or wounded, or had in possession, in this Commonwealth; or, in lieu thereof, to suffer an im- prisonment in the common jail of the county for a period of one day for each dollar of penalty im- posed and unpaid: Provided, That those birds com- monly known as blackbirds may be killed by the owner or lessee of lands in this Commonwealth, or by the legitimate employe of such owner or lessee, when, upon the property under their control, such Killing of birds may be destroying either the eggs or the young of other birds, or the growing crops or grain, or fruit or berries ; and the Board of Game Commis- sioners shall have authority to direct the killing of those birds commonly called blackbirds, when satis- fied that such birds have from any cause become a nuisance in the section ivherein they may be located. Section 3. Each and every magistrate, alderman, or justice of the peace of this Commonwealth is herewith given the power of summary conviction in all cases relating to the violation of this act. The course of procedure before such magistrate, alder- man, or justice of the peace to be that prescribed by section thirty-one of the act of May first, one thousand nine hundred and nine, entitled "An act to provide for the protection and preservation of game, game-quadrupeds and game-birds, and song and insectivorous and other wild birds, and prescrib- ing penalties for violation of its several provisions." Section 4. All acts or parts of acts inconsistent with the provisions of this act are herewith re- pealed . Approved— The 21st day of March, A. D. 1913. JOHN K. TENER. Summary conviction. Procedure. Repeal. GAME, FISH AND FORESTRY LAWS Act April 2, 1913 [V. L. 33.) Game. Wapiti or elk. Close sea- son. Full pro- tection. Open sea- son, after November 14. 1921. Limit. Violations. Hunting on Sunday. With doffs In the water. Except with lawful gun. AN ACT To providp for the protection and preservation » the wapiti or elk in Pennsylvania, and prescribinj penalties for violation of its several provisions. Section 1. Be it enacted, &c., That from anc after the passage of this act, the animal known afl the w.ipiti or elk shall be classed as a game animf in this Commonwealth. Section 2. That from and after the passage of this act, it shall be unlawful for any person to kill oij wound or capture, or to attempt to kill or wound o^ capture, any wapiti or elk found in a wild state this Commonwealth ; or to have such wapiti or elkj or any part thereof, in possession before the fifteenti _ day of November, one thousand nine hundred and' twenty -one. That after the fourteenth day of Novem- ber, one thousand nine hundred and twenty-one, unless otherwise provided, there shall be annually an open season for wapiti or elk in this Common- wealth, which open season shall begin at one o'clock ante meridian of the fifteenth day of November and extend to, but not include, the first day of December of each year; during which open season of each year, Sundays excepted, it shall be lawful for any person in this Commonwealth to kill 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: Provided, That the provisions of this act shall not apply to the Game Commission, or to any of its duly sworn and com- missioned game protectors, acting for the State. Section 3. It shall be unlawful at any time, within this Commonwealth, to kill or capture or wound, or to attempt to kill or capture or wound, a wapiti or elk, upon the first day of the week, commonly called Sunday, or to pursue any wapiti or elk with a dog or dogs; or to kill or capture or wound, or to attempt to kill or capture or wound, a wapiti or elk, in any of the waters of this Commonwealth; or to kill or capture or wound or take a wapiti or elk, in this Commonwealth, in any maner except through the use of a gun, such as usually raised at arms' length and fired from the shoulder ; or through the use of a gun that propels more than a single pellet, bullet, or ball at such wapiti or elk through GAME, FISH AND FORESTRY LAWS, 61 a single discharge ; or to kill or wound or take, or to attempt to kill or wound or take, any wapiti or elk, in this Commonwealth, through or by any method other than that known as still-hunting. Each and every person violating any provision contained in any of the sections of this act shall, upon conviction, be sentenced to pay a penalty of two hundred dol- Penalty. lars for each offense, or, in lieu thereof, shall suffer an imprisonment in the county jail of one day for each dollar of penalty imposed, for the first offense. And for the second, or for any other offense after the first offense, shall, upon conviction, be sen- tenced to pay a penalty of two hundred dollars, and, in addition, shall suffer an imprisonment of one day in the county jail for each dollar of penalty imposed. Section 4. Whenever,, because of a violation of any provision of this act, a person shall be con- victed for a first offense and a penalty be imposed, and the defendant shall neglect or refuse to imme- diately pay said amount, together with the costs of prosecution, in lawful money of the United States, he shall be at once committed to the common jail of the county for a period of one day for each dollar of penalty imposed ; unless he shall enter into good and sufficient recognizance to pay said penalty and costs within a period of ten days after the date of his said conviction, or shall certiorari the proceed- ings, or shall carry the case to a higher court on appeal as provided for in this act. For the second or any other offense, the defendant shall, in addi- tion to the penalty prescribed for the first offense, suffer an imprisonment of one day in jail for each dollar of penalty imposed: Provided, That in every case of a conviction for violation of any provision of this act, wherein a defendant suffers imprisonment in lieu of a cash payment of the penalty, imposed, all traps, guns, shooting paraphernalia, and other appliances, used in violation of the law, and found or proven to have been either in possession or under control of the defendant at the time of such viola- tion, shall be, and they are hereby declared, for- Forfeiture, feited to the Commonwealth of Pennsylvania, and shall be sold under the direction of the Board of Game Commissioners ; and the money thus secured be applied by them, first, to the payment of the First offense. Neglect or refusal to pay fine. Commit- ment. Bail. Subsequent offense. Proviso. 62 GAME, FISH AND FORESTRY LAWS. Shipment or removal of from the State pro- hibited. o a «S °S o a) =? c i g a oj C > 1 gfl i = a a "^5 ^a l^ o +J—1 4j^ +j Vl . a >^'S •S o c i al-a rO-l-' ->> 11 cc 4) * a^ r c 11 §1 § 1 o « a a d r: £ OS " oj Cj a o a •o S o ^ a J t c " a a a 0) 0) .3 4 4) a ia 1 a e I §^ i^^ :> a m o ^ o ^.s S£ ^ 'a c P c fa H fa H E^ p c ■o .5 -1- a 03 1 > •d ,= "S ^ ;■ ,2 m .a e "3 ■a 1 1 It • " c a 2 1- o a i, a « ;- S 1 ■ 1 * 03 • t c .2 s a a B 1 1^ • 1 s: a' c3 PC fC p i e K K s c? Pi a GAME, FISH AND FORESTRY LAWS. 12.^ g? So ■a as O >^ ■s t< 1-1 1* ^ u o 's So a ^ i 2 > • fl o » a p •S Sja <^ • O Oh OJ o -a 1^ S c3 an) ^Hs 3^5- a o ^a fa .'3 :3 >?a) O O ° J -"^ . oj ^ o a; +;J -^ -c Vl +^ a <-i a ? oj O H 3 =i ^-::, O as o-g-e* a .- .J:! g> ? tH S3 , t^ja 2 a -!-> 4! r? o n^ ■-: ja 6>,M a oj ai a 0)0 a fl « " oj-a a-a .75 o ^^ 13 O and 03 a a.s? « It a "^^ § a — .2 « EC o 2 .a.s 20O M ^^-° ^^g^ 3+j Ol +; QiS-a 2 ■^ -M a 03 Ill ." aail'^ o'S|-9a 03 m CO ^ -^ a 03 b„ . trt r! t;-° a »^<2 «^^ a -Mr> a «3A>a M^,t4 126 GAME, FISH AND FORESTRY LAWS. S-|t lis! aslg« ^ia= %,-z^ gfe^.i; +-a^leterious destructive or poisonous substances of any kind or character, to be turned into or al- lowed to run, flow, wash or be emptied into, any of the waters aforesaid, unless it is shown tliat every practicable means has been used to prevent the pollu- tion of waters in question by the escape of deleterious substances. In the case of the pollution of waters by substances known to be injurious to fishes or to fish food, it shall not be necessary to prove that such substances have actually caused the death of any particular fish. Any person violating any of the provisions of this section shall, on conviction thereof, be subject to a fine of two hundred dollars. Section 15. It shall be unlawful to purchase, sell, or offer for sale, or have in possession, any fresh dead game or food fish, except during the lawful period for catching the same, and the space of six days after such period has expired. Any person violating any of the provisions of this section shall, on conviction thereof, be subject to a fine of ten dollars for each fish. Section 16. The Commonwealth of Pennsylvania and the State of New Jersey shall have concurrent jurisdiction over all offenses and violations of this act, committed or attempted to be committed by any person or persons fishing in the Delaware River above Trenton Falls, within the jurisdiction respectively of the said Commonwealth of Pennsylvania and of the State of New Jersey. Any fish warden, or any person in either State authorized to make arrests for violation of the fish laws, shall have power and au- thirity to make arrests in any part of the river, or shores thereof, and take such person or persons for trial to the State in which the off'ense w;is committed, and proceed against the offender according to the legal procedure for violation of the fish laws of said State. If the arrest be made upon the shores of the said Delaware River, within this Commonwealth, the said person or persons shall be taken before any jus- tice of the peace, alderman, magistrate, or other GAME, FISH AND FORESTRY LAWS 191 Proviso. legally constituted authority in the county in which the arrest was made, and thereupon make charge of '-'^^J^se. such violation of the law, or any provision thereof; and the justice of the peace, alderman, or other legally constituted authority shall forthwith hear and de- termine the guilt or innocence of the person or per- sons 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 penalties, provided in this act for such violations, together with the costs of suit ; said fines to be paid over forthwith to the treasurer of the county in which the prosecution was brought, and said county treas- urer to pay over the sum forthwith to the Commis- sioner of Fisheries, for the benefit of the Common- wealth: Provided, That in case the defendant, or de- fendants shall neglect to pay, at once, the fine or fines so imposed, said defendant or defendants shall forthwith be sentenced to undergo imprisonment, in the county jail of the county where such conviction takes place, for a period of one day for each dollar of fine so imposed and unpaid, unless the defendant or defendants, upon conviction, shall give notice of intention to appeal, when such defendant or de- fendants shall be permitted to enter into good and suffi- cient recognizance to appear before such justice, al- derman, or magistrate, on or before the expiration of five days, if such appeal is not taken by them, or on the final determination of such appeal if it be not sustained, for execution of sentence: Provided also. That all actions for any violation of any of the provisions of this act must be taken within one year from the time the offense was committed. In case any fish warden, or any person authorized to make arrests for violation of the fish laws, fails to prove his case, and the defendant or defendants are convicted, and are sent to jail, in lieu of the payment of fine or fines, penalty or penalties, the county in 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 17. Any person or persons who shall by interference threat, menace, or force, or in any manner, attempt with officers, to deter or prevent any fish warden, or other person Appeal. Bail. Proviso. Costs. 192 GAME, FISH AND FORESTRY LAWS. Fine. Repeals. ^ct of May 22. 1889. ^ct of May 22. 18S9. Act of May 12. 1901. Act of June 25. 1895. When act shall go into effect. Proviso. authorized to make arrests for violation of the fish laws, in either State, from enforcing or carrying into effect any provision 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 18. The following acts and parts of acts are intended to be supplied by this act, and the same are hereby repealed ; also , all acts or parts of acts inconsistent with this act, be and the same are hereby repealed . 1. An act for the protection of shad, sturgeon, and game fish in the river Delaware, approved May twenty-second, eighteen hundred and eighty-nine. 2. An act for the protection of shad and game fish in the State of Pennsylvania, approved May twenty- second, eighteen hundred and eighty-nine, or so much thereof as relates to the Delaware River below Tren- ton Falls. 3. An act for the protection of Penobscot salmon planted in the river Delaware, and providing pen- alties for the enforcement thereof, approved May twelfth, nineteen hundred and one. 4. An act for the protection of sturgeon, approved June twenty-fifth, eighteen hundred and ninety-five. Section 19 . This act shall take effect immediately ; but no section, proviso, or part of this act shall he considered as valid and operative until a similar act has been enacted, by the State of New Jersey: Pro- vided, That when the said State of New Jersey has enacted a similar act, the provisions of this act re- lating to the size of the meshes of nets shall not become operative until June second, nineteen hun- dred and nine. Approved — The eighth day of Mav, A. D. 1909. EDWIN S. STUART. An act similar to the foregoing was passed by the Legislature of New Jersey and signed by the Governor of that State on April 1st, 1909. GAME, FISH AND FORESTRY LAWS. 193 AN ACT To forbid the use of a gill net of more than thirty meshes deep, in such parts of boundary lakes of more than five thousand acres as the Common- wealth has jurisdiction over, and providing penalty and punishment for the violation of any provision of this act. Section 1. Be it enacted, &c.. That in such part or parts of lakes of more than five thousand acres, lying between this and any other State or foreign country, as this Commonwealth has jurisdiction over, and in any bay or inlet thereof, it shall hereafter be unlawful to use a gill net of more than thirty meshes deep. Any person or persons who shall violate any provision of this section shall, on conviction, be sub- ject to a penalty of twenty-live dollars; and all nets, devices, and appliances, or boats, shall be forfeited to the Department of Fisheries. Section 2. That from and after the passage of this act, any Fish Commissioner, fish warden, deputy warden, sheriff, deputy sheriff, constable, or any special ofiicer, or any peace officer in this Common- wealth, is hereby authorized and commanded to forth- with seize any net or nets, boats or appliances, that may be used in violation of any provision of this act, and turn the same over to the Department of Fish- eries ; and they are hereby authorized and commanded to forthwith apprehend and arrest any person or per- sons who may be guilty of violating any of the pro- visions of this act, and take him or them before any justice of the peace, magistrate, or other legally con- stituted authority, and thereupon make charge of such violation of the law, or any of the provisions thereof; and the magistrate shall forthwith hear and determine the charge as provided in this act. And in case any Fish Commissioner, fish warden, or any officer named above, fails to prove his case, and the defend- ant or defendants are discharged, or in case the defendant or defendants are convicted, and are sent to jail in lieu of the payment of fine or fines, penalty Act May 5, 1911. P. L. 164. Boundary lakes. Use of gill nets. Penalty. Authority of officers. Seizure of nets, boats, etc. Arrests. Costs. 13 194 GAME, FISH AND FORESTRY LAWS. Autlionty of justices, .-ildermen and magis- tiates. Penalty. or penalties, the county in which the case is heard shall pay the costs. Such arrests may also be made on Sunday, in which case the person or persons shall be taken before the proper officer and proceeded against on a week-day following the arrest. Section 3. That from and after the passage of this act, any justice of the peace, alderman, or magis- trate, upon information or complaint being made be- fore him, by the affidavit of one or more persons, charging any person with having violated any of the provisions of this act, is hereby required and author- ized to issue his warrant, under his hand and seal, directed to any constable, police officer, or warden, requiring such person or persons to be arrested and brought before such justice of the peace, alderman, or magistrate, who shall hear and determine the guilt or innocence of the person or persons so charged ; and if convicted, such justice of the peace, alderman, or magistrate shall sentence the person so convicted, severally, to pay the fine or fines, penalty or penal- ties, provided in this act for such violation or viola- tions, together with the costs of suit; and such fine or penalties shall be appropriated as provided in sec- tion two of this act. Section 4, All acts or parts of acts inconsistent with this act be and the same are hereby repealed. Approved— The 5th day of May, A. D. 1911. JOHN K. TENER. Act June 3, 1911, P. L. 655. Fishing with haul-seine in tido-water streams. Carp, suck- ers, mnllots, and catfish. AN ACT To authorize the use of a haul-seine in the tide-water streams wholly within this Commonwealth, under certain conditions, for the capture of carp, suckers, mullets, and catfish, and providing penalties for violation of the act. Section 1, Be it enacted, &c.. That it shall be un- lawful to use a haul-seine in the tide-wnter streams wholly within the Commonwealth of Pennsylvania, and in the limit of tide-water of said streams, for the catching of carp, suckers, mullets, and catfish, excepting from the first day of September until the thirty-first day of March next ensuing: Provided, GAME, FISH AND FORESTRY LAWS, 195 That the meshes of said haul-seine shall not be less than three inches stretched measure while being fished, or one and one-half inches from knot to knot while being fished: Provided further, That before any person or persons shall use a haul-seine, as provided in this act, he or they shall take out a license from the county treasurer in the county in which the person or persons reside, and for which the said person or persons shall pay the sum of five dollars ; said b'cense shall hold good from September first unt^ March thirty first next ensuing, both dates inclusive, and shall be shown on demand to any fish warden. State policeman, constable, sheriff, deputy sheriff, or any other person authorized to make arrests for violation of the fish laws of this Commonwealth. On payment of the money to the county treasurer, said county treasurer shall issue a license, on forms sup- plied to him by the Department of Fisheries for that purpose, and he shall be entitled to retain one dollar of the said amount for his services in issuing the license, and the other four dollars with a duplicate of the license shall be forwarded by him forthwith to the Department of Fisheries, and the Commissioner of Fisheries shall turn over the same into the State Treasury, for the benefit of the Commonwealth: And provided further. That any fish, other than carp, mullets, suckers, and catfish, which may be caught in said haul-seines, shall be returned with the least possible harm to the water from which taken ; ex- cepting that any shad or herring may be taken in said net may be kept from the first day of March to the thirty-first day of March, inclusive. Any person or persons who violate any of the provisions of this section, or who shall use any haul-seine as described in this act for the capture of carp, mullets, suckers, and catfish from the first day of April until the thirty- first day of August, inclusive, shall, on conviction as provided in section three of this act, be subject to a penalty of fifty dollars, together with a forfeiture of all nets, boats, and other appliances u.sed. Section 2. That any fish commissioner, fish-war- den, special or deputy fish-warden, sheriff, deputy sheriff, constable, or any special officer, or any peace officer in this Commonwealth, is hereby authorized and commanded to arrest forthwith and without war- rant any person or persons violating any provisions Open season. Proviso. Size of mesh. Proviso. License. Fees. Term. Exhibition of license. Treasur- er's fees. Shad and herring. Open season. Carp, mul lets, suck- ers, and catfish. Close season. Penalty. Violations. Arrests. 196 GAME, FISH AND FORESTRY LAWS. Hearing. Costs. Sunday- arrests. Complaint. Arrest. Penalty. Proviso. of this act, or to make information against such per- son or persons ; and they are further authorized and commanded to apprehend and arrest, and immediately take any person or persons who lasij be charged with such violations before any justice of the peace, magis- trate, or other legally constituted authority, and thereupon make charge of such violation of the law or any provision thereof; and the justice of the peace or magistrate shall forthwith hear and determine the charge as provided in section three of this act ; and in case of any fish commissioner, fish-warden, or any other ofiicer named above, fails to prove his case, and the defendant or defendants are discharged, or in case the defendant or defendants are convicted and are sent to jail in lieu of the payment of fine or fines, penalty or penalties, the county in which the case is heard shall pay the costs. Such arrests may also be made on Sunday or any holiday, in which case the person or persons shall be taken before the proper officer and proceeded against on the lawful day next following the arrest. Section 3. That any justice of the peace, alderman, or magistrate, upon information or complaint made to him by affidavit of one or more persons, charging any person or persons with having violated any of the provisions of this act, is hereby authorized and re- quired to issue his warrant, under his hand and seal, directed to any constable, peace officer, or warden, and cause such person or persons to be arrested and brought before such justice, alderman, or magistrate, who shall hear and determine the guilt or innocence of the person or persons so charged ; and, if convicted upon such charge, shall be sentenced by said justice, alderman, or magistrate, severally to pay the fine or fines, penalty or penalties, provided in this act for such violations, together with the costs of suit. Said fines shall be paid over forthwith to the treasurer of the proper county and the said county treasurer shall pay over the same forthwith to the Commissioner of Fisheries, who shall pay the same into the State Treasury, for the benefit of the Commonwealth: Pro- vided, That in case the defendant or defandents 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 GAME, FISH AND FORESTRY LAWS. 197 a period of one day for each dollar of fine so imposed and unpaid, unless the defendant or defendants, upon ^PP^ai- conviction, shall give notice of intention to appeal; when such defendant or defendants shall be permitted to enter into good and sufficient recognizance, with -g^.^ condition that the defendant or defendants appear be- fore such justice, alderman, or magistrate, on or be- fore the expiration of five days, if such appeal is not taken by him or them, or on the final determination of such appeal if it be not sustained, for execution of Proviso, sentence: Provided also. That all actions for any violation of any of the provisions of this act must be commenced within one year from the time when the offense was committed. Section 4. All acts or parts of acts inconsistent ^^p^^^- with this act are hereby repealed. Approved the 3rd day of June, A. D. 1911. JOHN K. TENER. AN ACT To classify the species of fish in such part of the {^{^^ pf L. "' boundary lakes, of more than five thousand acres, lOO.' as this Common Avealth has jurisdiction over, and in the waters of any peninsula or in any bay adjacent to or connected with such lakes ; to declare which fish are game-fish, which fish are food-fish, and which are minnows, or bait-fish ; to protect and provide for the maintenance and increase of fish in such lakes ; to regulate and proved for the pay- ment of license fees for the catching of fish from such boundary lakes, and prohibit the unauthorized taking of fish from devices used by authority of such license ; to provide penalties and punishments for the violation of any of the provisions of this act ; and requiring the county wherein an offense is charged to pay costs of prosecution in certain instances ; and repealing all acts inconsistent here- with . Section 1. Be it enacted, &c.. That in such part fak^'^'^'etc or parts of lakes of more than five thousand acres, lying between this and any other State or foreign country, as this Commonwealth has jurisdiction over, and in any water or on any peninsula or any bay 198 GAME, FISH AND FORESTRY LAWS. Game-fish. Bait-fish. Food-fish. Devices and appliances. Penalty. Nets and devices. Proviso. adjacent to or connected with such lake, the follow- ing named species of fish are hereby made specifically within the provisions of this act, to wit: All species or varieties of black or yellow bass, rock bass, calico bass or strawberry bass, crappie, muscallonge, and grass pike, which for the purpose of this act are hereby classified and hereinafter designated as game- fish; and minnows and killifish, which shall herein- after be designated as minnows or bait-fish; and all other species of fish shall be called food-fish. Section 2. That it shall be unlawful to fish for or capture any game fish in any waters within the jurisdiction of this Commonwealth, described in the first section of this act, in any manner or with any device or nppliance, or by any means whatsoever, ex- cept a rod and line having not more than three hooks, or with a hand-line having not more than three hooks, or a spear used for catching carp and suckers only, or with a trolling-line with spoon-hooks attached ; or, for food fish, with any device not specifically permitted in this act. Any person violating any pro- vision of this section shall, on conviction thereof, be subject to a penalty of twenty-five dollars, or in de- fault of payment, undergo imprisonment in the county jail for a period of one day for each dollar of fine un- paid, except when otherwise provided; and any device, appliance, or boats used in violation of the provisions of this section shall be forfeited to the Department of Fisheries. Section 3. That it shall be unlawful to fish for any kind of fish in any bay or in any waters on any peninsula described in the first section of this act, with nets or devices or means of any kind, except a rod and line having not more than three hooks, or with a hand-line having not more than three hooks attached, or with a trolling-line with spoon-hooks attached, at any time of the year: Provided, That nothing in this section shall be so construed as to pro- hibit the use of minnow-nets for angling or scientific purposes; or to prohibit the Department of Fisheries from catching fish at any time of the year with nets, for the purpose of stocking the waters or for taking spawn, or from removing by means of nets, by con- tract or otherwise, any fish which it may deem in- jurious to other game or food-fishes. Any person violating any of the provisions of this section shall. GAME, FISH AND FORESTRY LAWS. 199 on conviction, be subject to a penalty of twenty-five dollars, or in default of payment, be imprisoned in the county jail for a period of thirty days; and all nets, devices, appliances, or boats used in violating any of the provisions of this section shall be forfeited to the Department of Fisheries. Section 4. That it shall be unlawful for any person to catch and kill in any waters within the jurisdic- tion of this Commonwealth, described in the first section of this act, or have in possession, the same bein? killed, more thnn twenty-five rock bass, crappie, strawberry or calico bass, or more than twelve of any species of black bass, grass pike, or muscallonge: And provided further. That it shall be unlawful for any person to catch, take, or have in possession, the samt^ being killed, any game-fish, from the first day of November to the twentieth day of May next en- suing, b('th d;iys inclusive. Any person violating any of the provisions of this section shnll, on conviction, be subject to a penalty of five dollars for each and every fish so unlawfully caught, killed, or had in posossion, or, in default of payment, be imprisoned in the county jail for a period of one day for each dollnr of fine unpaid. Section 5. That it shall be unlawful for any person to put or place in any waters described in the first section of this act, over which this Commonwealth has jurisdiction, any electricity, or any explosive or poisonous substances whatsoever, or any drug or any poison bait, for the purpose of catching, taking, kill- ing, or injuring fish; or to allow any dead fish, fish oft'al, contents of tannery vats, planing-mill shavings, dye-stuff, coal or gas-tar, coal oil, sawdust, tan- bark, cocculus indicus (otherwise known as fish-ber- ries), lime, vitriol, or any of the compounds thereof, refuse from gas-houses, oil -tanks, pipes or vessels, or any deleterious, destructive, or poisonous sub- stances of any kind or character, to be turned into, or allowed to run, flow, wash or 'be emptied into, any of the waters aforesaid. In case of the pollution of Wiiters by any substances known to be injurious to fishes or 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 Penalty. Forfeiture. Number of game-fish that may be legally caught. Proviso. Closed Explosives or poisons. Contami- nation of waters. 200 GAME, FISH AND FORESTRY LAWS. Penalty. Fishing with ex- plosives or poisons. Penalty. Prima facie evidence of violation. Use of fish as compost, etc. Penalty. Distances. Limit. of the provisions of this section shall ,_ on conviction as provided in section seventeen of this act, be sub- ject to a fine of one hundred dollars. Section 6. That it shall be unlaw^ful to fish in any waters described in the first section of this act, and over which this Commonwealth has jurisdiction, with dynamite, nitro-glycerine, torpedoes, electricity, quick- lime, or any kind of explosives or poisonous sub- stances, or to place such substances in any waters except for engineering purposes, when written per- mission has been given therefor by the proper Na- tional, State, city, or county official or ofiicials. Any person violating any of the provisions of this section shall, on conviction, be subject to a fine of one hun- dred dollars, or imprisonment of six months in the county jail. Section 7. That in all cases of arrest made for the violation of any of the sections of this act, the pos- session of the fishes prohibited by such section, or the possession of a net, nets, or other device, at or near a place where the use of such net, nets, or de- vice is prohibited by such section, shall be prima facie evidence of the violation of such section or sections. Section 8. Any person or persons catching or sell- ing game or food-fish, or minor food-fish, from the waters of any part of any lake described in the first section of this act, for the purpose of making com- post or other fertilizing mixture, or who makes use of fish for such purpose without the consent in writ- ing of the Department of Fisheries, shall, on con- viction, be subject to a penalty of one hundred dol- lars, or an imprisonment of three months in the county jail, or both, at the discretion of the magistrate or court before whom conviction was had. Section 9. That no net of any description shall be set, fastened, drawn, or used within two miles of the entrance of any bay described in the first section of this act, nor within one-fourth mile from shore; nor shall any gill-net be set within three-quarters of a mile of any other portion of the shore of the part of any lake over which this Commonwealth has juris- diction, described in the first section of this act; nor shall any other net or nets, other than gill-nets, and nets fastened to and supported by poles driven in the ground, be set, fastened, or drawn, or used within seventeen miles from such entrance to any bay, de- GAME, FISH AND FORESTRY LAWS. 201 scribed in the first section of this act, measured in a direct line ; nor within half a mile from the entrance of any stream. Any person violating any of the provisions of this section shall, on conviction, be subject to a penalty of one hundred dollars, or, in default of payment, be imprisoned in the county jail for a period of three months. Section 10. That it shall be unlawful for any per- son or persons, company or corporation, operating nets or devices of whatever description or character in the v.^aters of any part of any lake described in this act, to capture and kill any sturgeon under three feet in length, or to have in possession the car- casses or flesh of any sturgeon of less than three feet in length. Any sturgeon of less than three feet in length which may be captured must be returned forthwith to the waters, with care and least possible injury. Any person or persons violating, or any member of a partnership or officer of a corporation that consents to or permits the violation of, any of the provisions of this section shall, on conviction, be subject to a penalty of twenty-five dollars for each sturgeon illegally captured, killed, or had in posses- sion, or, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid. Section 11. As amended by the act of May 14th, 1915, P. L. 521. Section 11. That it shall be Imoful to fish for food- iish in any part of any lake descrihed in the first sec- tion of this act, over which this Commonwealth has jurisdiction, subject to the other provisions and modi- fications in this act contained, with gill-nets having a mesh not less than three (3) inches, stretched mesh, fishing measure, and not more than thirty meshes deep ; provided that gill-nets used in fishing for trout shall have meshes at least five and one-half (5^) inches in size, stretched mesh, fishing measure; and with pound-nets, the cribs of which shall have a mesh of not less than two and one-half (2J) inches, stretched mesh, fishing measure; and with trap-nets, over seventeen miles from the entrance to any hay de- scrihed in the first section of this act, measured in a direct line, and over one-half mile from the en- trance to the lake of any stream., having a mesh of not less than two and one-half (2|) inches, stretched Penalty. Sturgeon, Legal lengths. Penalty. Gill-nets. Trout. Pound-nets. Trap-nets. 202 GAME, FISH AND FORESTRY LAWS. mesh, fishing measure; and with set lines with hooks isight hues, attached^ called night-lines. Auy person or persons fishing, at any time of the year, with gill-nets, pound- Violations, nets, or trap-nets having meshes of less size than here- in described, shall, on conviction, be subject to a fine of one hundred ($100) dollars, or, in default of Penaity. payment, each person convicted shall be confined in the county jail for a period of three months, and all boats, nets, and other appliances used, together with any fish caught, shall be forfeited to the Department Pioviso. of Fisheries: Provided further. That the provisions in regard to size of meshes in trap-nets shall not be- come elt'ective until August first, one thousand nine hundred and sixteen. Section 12. As amended by the act of May 14th, 1915, P. L. 521. Boats, nets. Section 12. That it shall be unlawful for any per- and devices.' son, persons, company, or corporation to operate, for the purpose of catching fish, any boat, boats, net, nets, or any device whatsoever, except a rod and line having not more than three hooks, a hand- line having not more than three hooks, a spear used for catching carp and suckers only, and a trolling- line with spoon-hooks attached, in any part of any lake described in this act, over which this Common- wealth has jurisdiction, w^ithout having first paid into the hands of the Department of Fisheries the following amounts as license fees, to wit: For each row or sail-boat used in fishing with gill-nets, five dollars; for each boat of any kind, under ten tons gross burden, so used, ten dollars; for each boat of any kind, of from ten to twenty tons gross burden, so used, fifteen dollars; for each boat of any kind, over twenty tons gross burden, so used, twenty dol- lars ; for each pound-net, ten dollars ; for any other form of authorized and not excepted net or device, not less than fijty cents nor more than five dollars, as the Department of Fisheries may determine; and, in addition to the license fees above set forth, the operators of each boat, so licensed, shall permit a man designated by the Commissioner of Fisheries to ac- company such boat at any time when it is engaged in fishing, under and by virtue of such license, for the purpose of securing for the Department of Fish- eries from the fish so caught so much of their spawn Spawn. as the Department may desire to secure ; and any License fees. GAME, FISH AND FORESTRY LAWS. 20S person operating or employing others to operate, or any ni(>mber of a partnership or officer of a corpora- tion that employs or consents to the employment of any person to operate, any boat, net, nets, device or devices, without having procured from the Depart- ment of Fisheries a license, as provided in this sec- tion, authorizing him, them, or it so to do, shall, on couvaction, be subject to a penalty of fifty dollars, or, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of the fine unpaid, and all fish and nets shall be forfeited to the Department of Fisheries. Section 1.3. That it shall be unlawful for any per- son or persons, save the owner or owners thereof, or their lawful representatives, to remove or take fish from any device which has been duly licensed, and operated according to the provisions of this act. Any person or persons violating any of the provisions of this section shall, on conviction thereof, be sub- ject to a fine of ten dollars for each fish so unlaw- fully taken, pr(jvided the total amount of tine shall not exceed one hundred dollars for taking at any one time, and, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of line unpaid ; and any fish recovered shall be returned to the owner or owners of the net or device from which they were taken, and all boats and ap- pliances used in taking the fish unlawfully shall be forfeited to the Department of Fisheries. Secti,§ H g« Seh WO Q^ ga ^;^ .1-1 OQ «^ g| a»-i ^5 ffiC 1720 «3 ~ t. 03 "J .• 1-M m I o So V O 0) o ^t:ss o i; 2 '"•a 0"^ = ■ ■"■a c -M 0+-' a: o) ..= — EC t, , . p c , »: ti 0-1 O o d o Js "^ « 9 E'E i r c rt P Sjs"" rt '3cO-r:5So .s GAME, FISH AND FORESTRY LAWS 225 ^ « a o ,2 o -^ ^^ &^ -M +1! 3 f»t^'r' go a>i-, .2-9 I' •qJ^'^ s N K 4) g 0) s 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 production of the laws and owes in return for this protection a temporary and local allegiance which continues during the perit)d of his residence; 2 Am. & Eng. Enc. of Law 64. We legislate primarily for our own citizens in granting the special privileges that are independent of our inherent rights. The alien is prohibited from doing many things to which a native born or a naturalized citizen is entitled. He cannot exercise any political rights whatever, nor be compelled to fill any elective or appointive office. He is not qualified to serve as a juror; or to receive a license to sell liquor, hawk or peddle. A non-resident is not entitled to the benefit of our $300.00 exemption law. Each State has its own exemption laws for the benefit of its own citizens. The privilege to hunt game has been limited to our own citizens, and as was said in Presser v. Illinois, 116 U. S. 252; 'If the plain- tifiE in error has any such privilege he must be able to point to GAJ^IE, FISH AND FORESTRY LAWS. 247 the provision of the constitution or statute of the United States by which it is conferred. For as was said by this Court in U. S. v. Cruikshank, 92 U. S. 542, the government of the United States al- though it is within the scope of its powers, supreme and beyond the States, can neither grant nor secure to its citizens rights or pviY- ileges which are not expressly or by implication placed under it^ jurisdiction. All that cannot be so granted or so secured are iefr to the exclusive protection of the State." "Whatever one may claim as a right, under the ConstiCB- tion and laws of the United States by virtue of his citizenship, iw a privilege of a citizen of the United States. Whatever the Cod- stitution and laws of the United States entitles him to exemptioK from, he may claim as an exemption in respect to, and suck ■% right or privilege is abridged whenever the State law interferes with any legitimate operation of Federal authority which concerns M» interests, whether it be an authority actively, exerted, or restinr only in the express or implied command or assurance of the Federal Constitution or law. But the United States can neither grant nor secure to its citizens, rights or privileges, which are not expressly, or by reasonable implication, placed under its jurisdiction, and aii not so placed are left to the exclusive protection of the States." This defendant is not a citizen of the United States, nor of this Commonwealth. While he is within our jurisdiction he is entitled to the equ3.1 protection of the laws, subject to the limitai- tions of the class of which he is a member. Com. V. Joseph Papsone. 44 Pa. Superior Ct. 129. Pa. Su- preme Ct. 231, p. 45. 232 U. S. 138. 47. "Citizens of other States have no property right which eB~ titles them to fish against the will of the State, afortiori, the alien from whatever country he may come, has none whatever in the waters, or the fisheries of the State. Like other privileges b® enjoys as an alien, by permission of the State, he can only enjoy as much as the State vouchsafes to yield to him as a special priv- ilege. To him it is not a property right, but is in the strictest sense 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., 30 Ind. 267. In re Ah Chong, 2 Fed. Rep. 736. The possession of a shotgun or rifle by an alien, operating * shooting gallery is a violation of the Act of May §th, 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 de- 248 <;AME, fish and FORESTRY LAWS. fendant had not taken out a license in any other county of the State. Comth. V. Cannon, No. 30 County Court R. 637. RESIDENT HUNTERS' LICENSE. A land owners 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, without having procured a license, etc., is Constitutional and a reasonable exrcise of the police power for the protection of game. The power of the Legislature to enact Statutes, is plenary, ex- cept in so far as that power has been limited by the Constitution, and every presumption is in favor of the Legislative enactments. They will be declared unconstitutional and void when they are clearlv violative some express Constitutional limitation. Kvle V. People, 80 N. E. 1081, Illinois. State V. Holcomb, 101. Pac. 1072, Kansas. Cummings v. People, 211, 111. 392, 71 N. E. 1031, Illinois. RIGHTS OF THE PEOPLE. 48. "When the interest of the private manufacturer and the 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 Peuna. Superior Ct. 544. Comth. V. Bercaw, 30 Penna. Superior Ct. 335. N. y. etc., R. R. V. New York, 165 U. S. 633. * * * * So that, a specially designated gun, which is made particularly effective and proportionately dangerous to game, comes within the class of dangerous agencies either to be regulated or prohibited as the Legislature may decide. The judgment of the Court below is reversed, and the record is remitted to the end that the sentence imposed may be fully carried into effect." Comm wealth v. McComb, 39 Pa. Superior Ct. 411. Judge Orlady in his opinion handed down in the automatic gun case, after citing numerous methods that might not be legally used in the taking of game says: GAME, FISH AND FORESTRY LAWS. 249 49. "The swivel gun referred to in the Act of 1897, is de- scribed as a small cannon, revolving on a swivel, so that it may main or kill a number of game at a single discharge, but it is always under the direction and control of the operator. The automatic gun mentioned in this act is described as 'one that is fired from the shoulder, and the recoil developed by the exploded cartridge ejects the shell, cocks the hammer, and feeds in a fresh cartridge from a magazine into the 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 frecjuently been the subject of discussion in the Legislature and Courts, that we must accept it as a result of their delibera- tions, that the automatic gun is not a proper weapon for the killing of game, within this Commonwealth. Nor are the Courts concerned about a technical though trifling interference with the pleasure of a hunter, or the property interest of a gun maker. Indeed, the source of the police power, as to game flows from the duty of the State to preserve for its people a valuable food supply. * * * * The exercise of this power therefor, comes directly within the principal of Plumley v. Mass. 1.55 U. S. 461, and Silz v. Hostenburg, 219 U. S. 31." JURISDICTION. 50. "The Courts of Quarter Sessions shall also have jurisdiction in cases of fines, penalties or punishments imposed by any act of Assembly for offenses, misdemeanors and delinquencies, except when it shall be otherwise expressly provided and enacted." The Criminal Procedure Act, March 31st, 1860, P. L. 427, Sec. 32. 51. A Justice of the Peace has the right of Summary Con- viction only when the right is distinctly and specifically given by the act under which suit is brought. Comth. V. LaBar, 32 Sup. Ct. p. 228. 52. Where concurrent jurisdiction exists in different tribunals the one first exercising jurisdiction, rightfully acquires control to the exclusion of the other. Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. Hugh Crim. Law and Procedure, p. 663, Sec. 2564. FRAUD. 53. 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. m GAME, FISH AND FORESTRY LAWS. 54. 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. 55. A new trial will be granted where it appears any unfair trick or artifice had been employed, resulting in favor of the party using it, thus a new trial was granted, where the defendant, by artifice of the prosecuting attorney, went to trial without con- travening testimony, under the belief that certain witness of the ■State were absent while in fact they were present and concealed 'by the prosecution. Infra. Sec. 852. 56. In cases however where the verdict has been obtained by fraud of the defendant, such for instance as the collusive or forcible keeping back witnesses for the prosecution, or the sub- mitting of the case by trick without evidence, the verdict may be treated as a nulity. Infra. See. 786. 57. Where the complaint was made to a justice by a person em- ployed to do so, by the defendant, and the warrant was served and witness subpoenaed by the defendants direction, and, an at- torney retained and paid by him, to appear on the part of the State and the circumstances of the case, were so represented to the justice that he imposed a lighter fine, than he otherwise would have done, the case was held open to another trial. State V. Little, 1 N. H. 257. Com. V. Jackson, 2 Va. Cas. 501. 58. Of course, there is, in what has been said, no reference to a verdict of acquittal, obtained in a sham prosecution, in- stigated 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. 59. 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 committed thinking to get off with slight punish- ment, or none, and to fhus bar a prosecution in good faith, by the State, for the same offense, if the 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 "fccncy in the matter, the judgment thus procured is void and a!''o)ds no protection, Shindler v. State, Indiana Sunreme Court, Oct. 1891. Orim. Law Magazine, Vo. 14, 204. GAME, FISH AND FORESTRY LAWS. 251 60. While the judgment in such cases as those before cited are fraudulently procured and are frequently said to be void be- cause of fraud practiced, it is apparent, that a better reason foe holding them void and not binding upon the State, is, that the State is not a party to them. The State can no more be bound by a judgment to which it is not a party than can a citizen of the State. Never having been a party to it, or having any notice, or knowledge of the proceedings, it may be treated as a nulity. « « « * in speaking of such cases, Bishop well says. He, (the defendant) is, while holding his fate in his own hands, in no jeopardy. The plaintiff is no party in fact, but only such in name, the judge is imposed upon, indeed, in point of law, adjudicates nothing. All is a mere puppet show and every wire, moved by the defendant himself. 1st Bishop Cri. Law, See. 1010. 10 Dist. R. 717. HORNS ON A DEER. 61. In a prosecution for illegally killing a deer, it is no_ de- fense that the respondent was ignorant of the fact that the animal was without horns. Vermont Reports; No. 75, Vol. II, Page 438, 1903. 62. In a prosecution for killing a deer not "having horns" in violation of No. 94, Acts of 1896, when it is undisputed that the deer had horns, only to the extent of bunches which did not pro- trude through the skin, whether these bunches were "horns" within the meaning of the statute, is a question of law for the court to rule upon, and not a question of fact for the consideration of the jury. A deer which has no horns protruding through the skin, so that they can be seen to be horns, is not a deer "having horns" within the meaning of No. 94, Acts 1896. Vermont Reports; No. 77, Vol. II, Page, 175. RIGHT OF CONSTABLE TO REWARD. 1. Constables are entitled to the rewards for securing con- victions for violation of game, fish or forestry laws, as fixed by act of March 22, 1899. A. C. Lee, Const, v. County of Wayne. Deputy Game Protectors are not entitled to the reward of $10, given Constables under the provision of the Act of March 22nd, 1899. H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 252 GAME, FISH AND FORESTRY LAWS. BOUNTY. Counties are compelled to pay bounties on wild cats, foxes, minks and weasels, killed in this State, the claim for such bounty bein^- presented to the County Commissioners, under the provisions of the act of April 10th, 1907, P. L. 60. Brink v. Marsh, 53 Pa. Superior Ct. 293. Forest Fires in Pennsylvania MUST BE Stopped if you desire GAME, FISH and FOR- ESTS for the future (253) Stop Forest Fires Forest fires are doing more to destroy the game, fish, and forests of Penns^'lvauia than any other influences. Every one ought to do his share toward preventing the tre- mendous economic loss which results from forest fires, and may help greatly by observing the following suggestions: Be sure your match, cigarette, or cigar butt and pipe ashes Are dead before throwing them away. Build what fires must be used only upon bare soil and in such places that fire cannot spread. Be sure your fire is extinguished before leaving it. Burn no brush, or other material, near woodlands upon a windy day, and under all circumstances stay by the fire untii it is dead. Be as careful of fire in the woods as you are in your home. Help extinguish a fire as soon as one is discovered. If you cannot help, notify the nearest fire warden, and if possible send a substitute. Learn who your nearest fire warden is and give him your sup- port. (254) THE PENNSYLVANIA DEPARTMENT OF FORESTRY State Forestry Reservation CommissioB. Hobert S. Conklin, President, Columbia > Lancaster county, S. B. Elliott, Reynoldsville, Jefferson county. J. Linn Harris, Bellefonte, Centre county. William P. Stevenson, Lewistown, Mifflin county. Ij. M. Hoffman, Johnstown, Cambria county. ' Office of Commissioner of Forestry. Commissioner of Forestry, Robert S. Conklin, Columbia, Ivaneas- ter county. Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- ford, Montgomery county. Clerks, A. Elwyn Strode, West Chester, Chester county. George W. Howard, Chester, Delaware county. Regular meetings of the Commission are held on the first Friday of each month, at 9 o'clock A. M. (255) \.^'' (256) DIVISION HI ACTS OF ASSEMBLY RELATING TO FORESTS AND FORESTRY. AN ACT* To prevent the damages which may happen by firing i'^94 3 Sm, of woods. ^•- ^^*- 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 him or some other justice of the peace of the same county; and if, upon examina- tion, it shall appear to the justice, by the testimony of one or more credible witness or witnesses, that the defendant is guilty of the charge exhibited against him, then the said justice shall issue his warrant to two or more freeholders of the neighborhood, thereby comraandin.i? 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, upon their oath or affirmation, what damage, in their judgment, the plaintiff hath sustained by occasion of the premises ; and upon the return of such certificate to the said justice, he is hereby empowered to grant execution for the recovery of the said damages, together, with the costs of prosecution, as is usual in the recovery of debts under ten pounds: Provided, That if any person or persons shall apprehend him, her or themselves aggrieved by the determination of any justice of the peace, in consequence to this act, he, she or they shall have a right to appeal from the judgment of the said justice to the next court of common pleas of the proper county. *Seotion 3 of the above act is ihe law is repealed. I still in force. The remainder of (257) 17 258 GAME, FISH AND FORESTRY LAWS. 1860. P. L. Title VIII. Offenses against real property, and 419- Malicious mischief. Section 153. If any person shall knowingly and maliciously cut, fell, alter or remove any certain bounded tree, or other allowed land mark, to the wrong of his neighbor, or any other person, he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceed- ing one year. Approved— March 31st, A. D. 1860. WM. F. PACKER. 1251. P. L. Tenants in common pro- hibited from cutting or removing timber with- out consent of co-tenant. Sales of tim- ber tbus cut or removed not to pass title thereto. Remedies for recovery of timber and dam- ages. Parties in interest au- thorized to sue out vsrits of estrepe- ment. Writs, how obtained. 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 shnll be unlawful for any owner or owners of any undivided interests in timber land within this Commonwealth, to cut or to remove, or to cause to be cut or removed, from the said land, any timber trees, without first obtainnig the written con- sent of all co-tenants in said premises. Section 2. That no sale of any timber cut or re- moved from such undivided lands, before 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, shingles and other articles, whatsoever manufactured there- from : and also for the recovery of damages for the cutting or removing of the same, which they now have against an entire stranger to the title. Section 3. Upon the violation of the provisions oj the first section of this act, it shall be lawful for anj of the parties in interest to sue out a writ of estrepe^ ment, to prevent any further cutting thereon, or th( removal of any timber then already cut, or both which said writ shall be of force until the interests o1 the parties shall be set out in severalty, or the writJ dissolved by the court, or the action or partition ii reference to said land finally ended ; and the said writ of estrepement shall be obtained by affidavit, and al GAME, FISH AND FORESTRY LAWS 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. AN ACT Requiring the several assessors of this Common- isss. wealth to make return of timber lands. •^^^• Section 1. Be it enacted, &c.. That it shall be the duty of the several assessors of this Commonwealth, in their return of real estate to the commissioners of the proper county, at the next triennial assessment, and at each triennial assessment thereafter, to make return of all the timber land in their proper district by specifying in separate columns, how many acres each tract contains of cleared land, and how many in timber. Approved— The 13th day of June, A. D. 1S8.3. ROBERT E. PATTISON. Timber lands to her sejiaratt'ly assessed. AN ACT Providing for the recovery of damage to trees along iS9i, the public highways, by telegraph, telephone 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 any turnpike, public road, street, lane, alley or highway in this Commonwealth, for the owner or owners of land adjoining said turnpike or public road who may claim to be damaged by the erection or maintenance of said lines by reason of the cutting of trees, whether planted in the said turnpike, i^iblic road, street, lane, alley, or highway, or on enclosed or unenclosed land adjoining the same, to petition the court of common pleas of the county in which said damage shall be P. L. Owner dam- aged may petition the- court. 260 GAME, FISH AND FORESTRY LAWS, Court shall appoint three viewers. Viewers report. When con- firmation shall become absolute. Shall not apply to. police or fire department telegraph lines. alleged to have been committed, whereupon the said court shall appoint three impartial men, citizens of the county in which said damages shall be alleged, as viewers, who shall, after having been duly sworn or affirmed to the faithful performance of their duties, assess the damages done, if any, to the petitioner, and shfi'y report the same to the court, at the first week of the next regular term thereof after the said appointmouL, wbiuh report shall, upon its presenta- tion as aforesaia, be confirmed nisi; and if no appeal be entered to the same on or before ten days from the Saturday of the week in which the same is pre- sented. It shall then be confirmed absolutely and judg- ment entered by the prothonotary of the said court upon the same against the said company. Section 2. The compensation of the viewers pro- vided for by the first section of this act shall be the same as is now provided for road viewers, . Repeal. AN ACT For the better protection of timber lands against fire, I90i. and providing for the expenses of the same, and mis- 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 either wilfully or otherwise cause the burn- ing of timber lands," within their respective counties, as is provided for by the act of July loth, 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 When the Commis- sioner of Forestry may avipoint detectives and employ attorneys. 270 GAME, FISH AND FORESTRY LAWS. Expenses incurred. Fines collected. When pay- ment to county com- missioners may be re- fused. such fires have been created, or on the request of the owner or owners of land which has b^en 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 the operation of this act shall be paid by the State Treas- urer, on warrant drawn 'by the Auditor General, if the said bills shall be approved by the Governor and the Commissioner of Forestry ; and all the fines col- lected shall be paid by the magistrate or by order of the court to the Commissioner of Forestry, and be paid by him to the Treasurer of the Commonwealth. Section 2. When conviction is obtained, under the provisions of this act, of persons 'or corporations caus- ing the burning of timber lands, then the Auditor General, on the request of the Commissioner of Forestry, may refuse to pay the State's share of the money due to the county for the services of the per- son or persons, appointed by the county commis- sioners, to ferret out and bring to punishment those who caused forest fires in the districts where such persons served as fire detectives, to make arrests and secure convictions, and for which conviction was ob- tained by the detectives appointed by the Commis- sioner of Forestry. Approved— The 2d day of May, A. D. 1901. WILLIAM A. STONE. 1901 P. L. 569. T>orouglis may require the planting of shade trees by ibutting owners. AN ACT Authorizing boroughs of this Commonwealth to re- quire the planting of shade-trees along the 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 the property owners upon any public street thereof, may by ordinance re- quire the planting and replanting of suitable shade- trees along and upon either side of any such street, upon such alignment and at such points as may by such ordinance be designated, by the owner or owners GAME, FISH AND FORESTRY LAWS. 271 f property abutting the street at the points desig- lated ; and on failure of any such owner or owners iter reasonable notice to comply with the terms of ny such ordinances, the said authorities may cause uch trees to be planted or replanted at the expense f the borough; and thereupon, in the name of the orough, collect such expense from the owner or wners in default, as debts of like amount are by iw collectable: Provided, That the said authorities hall not require the planting or replanting of trees t any point or points which may interfere with the ecessary or reasonable use of any street or abutting roperty, or interfere unreasonably with any business lereon conducted . Approved— The 17th day of June, A. D. 1901.^ WILLIAM A. STONE. AN ACT encourage the planting of trees along the roadsides 1901. P. L. of this Commonwealth, and providing a penalty for ^^^• killing, removing or injuring the same; what dis- position is to be made of moneys collected as penal- ties, and for keeping a record by the supervisor of roads or boards of supervisors of roads of the trees so planted and upon which a tax abatement has been granted. NOTE.— With the possible exception of a portion of section this act is rendered inoperative by the decision in Tubbs Tioga, 32 C. C. 504, and subsequent legislation. See pages reinafter. Section 5. Any person who shall cut down, kill • injure any living tree, planted or growing natur- lyas aforesaid, (that is, by the roadside), or who jgKgently or carelessly suffers a horse or other do- Negii- estic animal, driven by or for him, to injure any gence. etc. ees hereinbefore mentioned, upon conviction thereof lall be subject to a penalty of not less than one dol- r, nor more than five dollars, with costs of suit, r each and every trees so cut down, killed, removed ' injured: Provided, That if the defendant or de- Proviso, ndants neglect or refuse to pay at once the penalty imposed and costs, or shall not enter sufficient bail 272 GAME, FISH AND FORESTRY LAWS Fine. Penalty, for the payment of the same within ten days, he they shall be committed to the common jail of t! county in which the offense was committed, for period of not less than one day for each dollar penalty imposed and costs. Approved— The 2d day of July, A. D. 1901. WILLIAM A. STONE.; 1903, P. L. Employes of Commis- sioner of Forestry. Powers vested in. Forest and timber land. AN ACT Conferring upon persons employed, under existl laws, by the Commissioner of Forestry, for the pi tecting of State Forestry Reservations, after ta ing the proper oath of office, the same powers are by law conferred upon constables and ott peace officers; to arrest, without first procuring! warrant, persons reasonably suspected by them offending against the laws protecting timber land also conferring upon them similar powers for t enforcement of the laws and rules and regulatio for the protection of the State Forestry Reser-\ tions, and for the protection of the game and fi contained therein; and further, conferring up them power to convey said offenders into the proj legal custody, for punishment; this act to ap^ only to off'enses committed upon said reservatic and lands adjacent thereto. Section 1. Be it enacted, &c.. That the perse employed, under existing laws, by the Commission of Forestry, for the protection of State ForesI Reservations, shall, after taking the proper offic oath before the clerk of the court of quarter sessic of any county of the Commonwealth, be vested w the same powers as are by existing laws conferi upon constables and other peace officers ; to arrest view, without first procuring a warrant therefor, p sons detected by them in the act of trespassing uf any forest or timber land within this Commonweal under such circumstances as to warrant the reas* able suspicion that such person or persons ^have cc mitted, are committing, or are about to commit, so offense or offenses against any of the laws now enac or hereafter to be enacted for the protection of fore and timber lands. Such officers shall likewise GAME, FISH AND B^ORESTRY LAWS. •273 Tested with similar powers of arrest, in the case of oifenses against the laws or the rules and regulations enacted or to be enacted for the protection of the State Forestry Reservation, or for the protection of the fish and game contained therein: Provided, That the above mentioned rules and regulations shall have been previously conspicuously posted upon the reser- ration. Said oflicers shall further be empowered, and it shall be their duty immediately upon any such ar- rest, to take and convey the offender or offenders be- fore a justice of the peace or other magistrate having jurisdiction, for hearing and trial, or other due pro- cess of law: Provided, further. That this act shall extend only to the case of offenses committed upon said Forestry Reservations and lands adjacent there- to; and the powers herein conferred upon said offi- cers shall not be exercised beyond the limits thereof, except where necessary for the purpose of pursuing and arresting such offenders, or of conveying them into the proper legal custody, for punishment, as aforesaid. 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. State For- estry Reser- vation. Proviso. Limitation. Repeal. AN ACT To empower the Commissioner of- Forestry and the Forestry Reservation Commission to give street rail- way companies the privilege to construct, maintain and operate their lines of railway over, along and upon public highways within or bordering- on forest reservations owned by the Commonwealth. Section 1. Be it enacted, «S: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 with- 1903. P. L. Commis- sioner of Forestry and the Forestry Reservation Commission, empowered to give cer- tain privi- leges to street rail- way com- panies. 18 274 GAME, FISH AND FORESTRY LAWS. Highways bordei-ing on or within forest reser- rations. in 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 loth day of April, A. D. 1903. SAMUEL W. PENNYPACKER. 1903. P. L. 201. Forestry Reservation Commission. Limiting amount of money to be expended by, an- nually. Special fund. Repeal. AN ACT To limit the amount of money expended each year by the State Forestry Reservation Commission in the purchase of lands for the Commonwealth. Section 1. Be it enacted, &c.. That from and after the passage of this act, the amount of money ex- pended by the State Forestry Reservation Commis- sion for the purchase of lands in any one fiscal year, shall not exceed the sum of three hundred thousand dollars: Provided, That contracts heretofore made for the purchase of land by the State Forestry Reser- vation Commission shall not be affected by this act. All proceeds dervied from the lands purchased by the said Commission shall be paid into the State Treas- ury, and shall be held as a special fund, and shall be paid by the State Treasurer to the said Commis- sion, from time to tirne, upon warrants drawn by the Commissioner of Forestry and countersigned by the Auditor General, for the purpose of assisting in de- fraying the necessary expenses of protecting and im- proving the said lands, or for the purchase of ad- ditional land. Section 2. All acts or parts of acts inconsistent herewith are hereby repealed. Approved— The 15th day of April, A. D. 1903. SAMUEL W. PENNYPACKER. GAME, FISH AND FORESTRY LAWS, 275 AN ACT irecting the Commissioner of Forestry to erect buildings on the Mont Alto Reservation or to pur- chase land and buildings adjacent to the said reser- vation, wherein to provide instruction in forestry, to prepare forest wardens for the proper care of the State Fore«try Reservation lands and making an appropriation therefor. Section 1. Be it enacted, &c., That the Commis- oner of Forestry is hereby directed, under the ad- ice of the State Forestry Reservation Commission, ) purchase suitable buildings and land adjacent to le Mont Alto State Forestry Reservation or to erect aildings on said Reservation, at a cost not to ex- ied six thousand dollars, and to establish and pro- ide therein and on said Reservation practical in- duction in forestry, to prepare forest wardens for le proper care of the State Forestry Reservation nds ; the said instruction not to cost a sum exceed- ig ten thousand dollars, for the two "fiscal years Qding June first, one thousand nine hundred and ve ; and the sum of sixteen thousand dollars, or so iiuch thereof as may be necessary, is hereby appro- riated, out of moneys not otherwise appropriated for lid purposes; to be paid by warrant drawn by the .uditor General upon resolution of the State Forestry leservation Commission. ' Approved— The 13th day of May, A. D. 1903. SAMUEL W. PENNYPACKER. 1903, 373. P. L. Appropria- tion. AN ACT* 'roviding a fixed charged on lands acquired by the i^9<>5. P- ^^ State for Forestry Reserves, and the distribution ^^^• of revenue, so derived, for school and road pur- poses. Whereas, The Commonwealth of Pennsylvania is Preamble, cquiring large tracts of lands, in its several coun- ies, for the purpose of establishing forest reserva- ions ; and *See later act relating to charge for schools, page 292. 276 Forest serves. Annual charge against. Certificate as to num- ber of acres, etc. Payment to school dis- tricts and townships. GAME, FISH AND FORESTRY LAWS. Whereas, The purchasing of said lands by- Commonwealth makes said lands exempt from ta;i tion ; and ! Whereas, Because of said exemption from ta: tion, districts in the several counties lose the re nue secured from said prior taxation, and wo| a hardship upon the citizens thereof, by compell;| them to make up the loss on school and road-ta) thus brought about: Section 1. Be it enacted, &c.. That from and af the passage of this act, all lands acquired by i Commonwealth for forest reserves, and now ex en from taxation, shall be subject to an annual chai of three cents per acre, for the benefit of the scho; in the respective districts in which said reserve i reserves are located, and two cents per acre, for I benefit of the roads in the townships where said serve or reserves are located. Section 2. The Commissioner of Forestry shall c tify to the respective school districts and townshij; throughout the Commonwealth, in which forest serves are located, the number of acres owned by Commonwealth in each district or township, upon ) plication of the treasurer or road supervisors of a of the said districts or townships, and the chai against the same; and shall, furthermore, certify the State Treasurer the number of acres as aforesa and the charge against the same and in favor of respective districts and townships. The State Tre urer shall, upon the approval of the proper warrai of the Commissioner of Forestry, pay to the seve school-districts and townships the amounts due 1 same from the Commonwealth, and derived under t act, upon due application therefor made by the tre urers or road supervisors of the said districts a townships. Approved— The 5th day of April, A. D. 1905. SAMUEL W. PENNYPACKER GAME, FISH AND FORESTRY LAWS 277 AN ACT . empower the Commissioner of Forestry and the Forestry Reservation Commission to give to bor- Du^hs and other municipalities the privilege of .mpounding water on Forest Reservations owned oy the Commonwealth, and of constructing, main- taining and operating lines of pipes over and through the same for the purpose of conveying water there- from. Section 1. Be it enacted, Sec, That the Commis- )ner of Forestry and the Forestry Reservation )mmission are hereby authorized and empowered give to boroughs and other municipalities of this Dmmonwealth, upon such terms and subject to such strictions and regulations as saixl Commissioner id Commission deem proper, the privilege of im- mnding water upon any Forest Reservations, now vnpd or hereafter to be acquired by the Common- ealth, and of constructing, maintaining and operat- g lines of pipes upon and through said reservations, ■r the purpose of conveying water therefrom, when- 'er in the judgment of the said Commissioner and ommission it shall be to the public interest so to do. Approved— The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. 1905. P. L. 155. Forestry reserva- tion. Privileges of boroughs and munici- palities. Pipe-lines. AN ACT b provide for the planting and care of shade-trees, on highways of townships of the first class, bor- ouiihs, and cities of the Commonwealth of Pennsyl- vania, and providing for the cost thereof. Section 1. Be it enacted, &c., That in townships f the first class, boroughs, and cities of the Com- lonwealth of Pennsylvania there may be appointed, 1 the manner hereinafter provided a Commission f three freeholders, to be known and designrited as lie Shade-tree Commission of the said township, bor- ugh, or city, who shall serve without compensation, nd who shall have exclusive and aboslute custody nd control of, and power to plant, set out, remove, laintain, protect, and care for shade trees, on any f the public highways of the said townships, bor- 1907. P. L. Shade trees. Shade-tree Commission. 27i Bxistini? park com- missions. Acceptance of this act. Terms of commis- sioners. Appoint- ments. Annual re- port. Proviso. GAME, FISH AND FORESTRY LAWS. oughs, and cities, the cost thereof to be provided f in the manner hereinafter stated: Provided, That townships, boroughs, or cities in which a Comm sion for the care of public parks shall have be created, said Commission shall, upon the acceptan of this act as provided in section two, be charg' with the duties of the Commission as above provide and shall, for that purpose be possessed, of all t powers herein mentioned and granted. Section 2. The commissioners of any township the first class, or the councils of any borough or cit in the State of Pennsylvania, may, by majority vo in the case of the commissioners, or by joint resol tion in the case of the councils, accept the provisioi of this act, and when such majority vote or joint res lution shall have been duly passed and approved, ai such Shade-tree Commissioners appointed, or, their stead, the duties and powers herein provid( ■ have been devolved upon an existing park commissioi then, from that time and in that event, this act ar all its provisions shall be in full force and applicatic in such township of the first class, borough, or cit;; so accepting ; and such commissioners shall be aj pointed, for terms of three, four and five years, r spectively, and, on the expiration of any term, tl new appointment shall be for five years, and any v cancies shall be filled for the unexpired term only and in townships of the first class the said appoin ment shall be made by the commissioners thereof; an in boroughs, by the chief burgess, and in cities by th mayor thereof: Provided, That in cities where Commission exists for the care of public parks, th term and appointment of such Commission shall not b changed by this act, but shall be and remain a provided by the act of Assembly, and by the oi dinance of councils creating such Commission fo the care and maintenance of public parks. And sue Shade-tree Commission shall, twice in every year report in full its transactions and expenditures fo the municipal fiscal year then last ended, to the an thority under and by which it was appointed: Pre vided. That an existing park commission, actin; under this enactment, may embody its report in it regular report to the councils, as by law or ordinanc provided. GAME, FISH AND FORESTRY LAWS. 279 Section 3. That when such shade-tree commis- sioners, or park commissioners so acting, shall pro- pose the setting out or planting or removing of any shade trees, or the material changing of the same in any highway, they shall give public notice of the time and place appointed for the meeting at which such contemplated work is to be considered, specify- ing in detail the highways, or portion thereof, upon which trees are proposed to be planted, removed, or changed, in one or more — not exceeding two in all — of the newspapers published in said township, bor- ough, or city, once each week for at least two weeks, prior to the date of said meeting. Section 4. The cost of planting, transplanting, or removing any trees in any liighAvays, and of suit- able guards, curbing, or grading for the protection thereof, when necessary, and of the proper replacing of any pavement or sidewalk necessarily disturbed in the doing of such work, shall be borne by the owner of the real estate in front of which such trees are planted, set out, or removed; and the cost thereof as to each tract of real estate shall be certified by the commissioner to the township commissioners, or to the presidents of the councils in boroughs and cities, and also to the person having charge o^ the collection of taxes for the said township, borough, or city; and upon the filing of said certificates, the amount of the cost of such improvenfent, of which notice shall also be given to each property owner in- volved, accompanied with a copy of the aforesaid cer- tificate, together with a notice of the time and place for payment, shall be and become a lien upon said real estate, in front of which said trees have been planted, set out, or removed ; said lien to be col- lectible, if not paid in accordance with notice as herein provided, in the same manner as other liens for taxes are now collectible against the property involved . Section 5. The cost and expense of caring for said trees after having been planted or set out, and the expense of publishing the notices provided for in section three, shall be borne and paid for by a general tax, to be levied annually in the manner that taxes for township, borough, and city purposes are now levied in such townships of the first class, boroughs, or cities; such tax not to exceed the sum of one-tenth of one mill on the dollar on the assessed Tree-plant- ing, etc. Notice shall be pub- lished. Cost of planting, transplant- ing, etc. Certificates. Cost of care and publica- tion. Tax. GAME, FISH AND FORESTRY LAWS valuation of the property in such townships of the first class, boroughs, or cities; and the needed amount shall each year, in due time, be certified by the shade- tree commissioners to the proper authorities charged with the assessment of taxes in said townships, bor- oughs, or cities, to be assessed and paid, as other taxes are assessed and paid, and to be drawn against as required by said commissioners, in the same man- ner as moneys appropriated for township, borough, or city purposes are now drawn against in said town- ships, boroughs or cities provided that the commis- sioners of any township of the first class and the councils of any borough or city, accepting the pro- visions of this act, may provide for the expense of the maintenance of trees on highways, in accordance with the provisions of this section by actual appro- priation, equal to the amount certified to be required by the said Commission, in lieu of the specific as- sessment above authorized . Section 6. The Commission, under which the pro- visions of this act shall be carried out, in any town- ship of the first class, borough, or city, shall have power to employ and pay such superintendents, en- gineers, foresters, tree-wardens, or other assistants, as the proper performance of the duties devolving upon it shall require; and to make, publish and en- force regulations for the care of, and to prevent in- jury to, the trees on the highways of any township, borough, or city accepting the provisions of this act; and to assess suitable fines and penalties for violations of this act, provided such regulations shall have been published at least twice in . one or more, not ex- ceeding two, newspapers of the township, borough, or city, involved, after having been submitted t« and being approved by the commissioners of the town- ship 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 col- lectible by the constituted authorities, as liens for taxes upon real property are now collected. Section 7. All the moneys due and collected from fines or penalties or assessments, in consequence 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. GAME, FISH AND FORESTRY LAWS. 281 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 provisions 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. P:DWIN S. STUART. Kppeal. AN ACT Establishing precautionary regulations to prevent for- est fires on lands in which oil-wells and gas-wells are situated, and diminish danger therefrom; mak- ing certain violations thereof misdemeanors, and prescribing punishment for the same, and in other cases affixing penalties and declaring liabilities for damages. Section 1. Be it enacted, &c.. That fallows, stumps, logs, brush, dry grass, fallen timber, or tree-tops shall not be burned in any forest lands of this Commonwealth, in which there are producing oil-welJs or gjis-wells, or rigs erected for drilling such wells, from the first day of April in each year to the twentieth day of jNIay next ensuing, nor from the tenth day of September in each year to the tenth day or November next ensuing. Excepting during the periods aforesaid, fires may be set in lands upon the following conditions: First, that written permis- sion thereto, of the fire-warden of the proper town- ship, shall first be obtained; second, said fire-warden shall be personally present when such fire is started: third, such fire shall not be started during a strong wind, nor without sufficient help to control the same at all times; fourth, such fire shall be watched and guarded, by the person by whom it is started, until it is extinguished. No fires shall be set, or allowed to burn, in said lands, excepting upon compliance with the conditions aforesaid. Any person \iolating any provisions of this section shall be deemed guilty of a 1907. 527. P. L. Forest fires, regulations to prevent Lands upon wbifb are oil and gas wells. When fires may not be started. When fir OS ma.v be started. Conditions. 282 GAME, FISH AND FORESTRY LAWS, Misde- meanor. Fine. Commit- ment. Proviso. Appeal. Rail. Annual clearance of lands of in- tiai-iniKiiiie material. Neglect. Fine. misdemeanor; and, upon being convicted thereof be- fore any alderman or magistrate, shall be fined by the said alderman or magistrate, — for the first offense, in the sum not less than ten dollars or more than twenty dollars, and for the second, and every subse- quent, offense, in a sum not less than twenty nor exceeding one hundred dollars, to be paid to the county wherein such offense may be committed ; and if said fine or penalty and the costs of the proceed- ings be not paid, then said alderman or magistrate shall commit said offender to the county jail, there to remain until discharged by due course of law: Provided, That when the fine imposed exceeds the sum of twenty dollars, the party complained against may appeal from the decision of said alderman or magistrate to the court of quarter sessions, upon his entering bail, in the nature of a recognizance, in the usual manner, for his appearance at said court, where the offense shall be prosecuted in the same manner as is now directed by law in other cases of misdemeanor. Section 2. Any owner or lessee of any forest lands, or owner of trees growing upon said lands, or any person in charge of the premises upon which lands there are producing oil-wells or gas-wells, or rigs erected for drilling such wells, shall, at least once in each year, cause to be removed from said lands all brush, tree-tops and branches of trees, which such owner, lessee, or other person in charge of the premises, may have cut or felled thereon, within one hundred feet, respectively, of all such wells or rigs; and shall, at least once in the year, cause to be re- moved from said land all grass, brush, tree-tops, and branches of trees, and other inflammable material, within one hundred feet of the right of way of any railroad company operating thereon ; to the end that 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 person, partnership, or corporation shall neglect to perform the duty imposed by this section, the same shall be liable to a penalty of fifty dollars for failure, in any instance, to comply with the duty imposed by this section ; to be paid to the county where the offense may be committed, recoverable in an action of assumpsit, in which the county wherein such vio- lation occur shall be the plaintiff. GAME, FISH AND FORESTRY LAWS, 283 Section 3. Every railroad company shall, on such rt of its road as passes through forest land on lich there are producing oil-wells or gas-wells, or ;s erected for drilling siich wells, cut and remove )m its right of way through said lands, at least ce a year, all grass, brush and other inflammable iterials ; employing, in the seasons defined in the St section of this act, sufficient trackmen to omptly put out fires on its right of way; provide lomotiVes thereon with steel netting or iron wire on 9 smokestacks or other efiicient spark-arresters, to event the escape of fire or sparks, and adequate de- es to prevent the escepae of fire from ash-pans and rnaces, and the same shall be used by every engi- er and fireman on such part of its road. No rail- ad company, or employe thereof, shall deposit fire, als or ashes on its track or right of way near such ids. In case of fire on its own or neighboring lands, thin one hundred feet of its tracks, the railroad mpany shall use all practicable means to put it out. case of any violation of the provisions of this sec- in, such railroad company shall be answerable to the mev or owners of any property destroyed or injured fire in consequence of such violation ; and id company shall further be liable to a penalty of e hundred dollars for such violation, to be paid to e county wherein the violation may occur, recover- le in ail action of assumpsit in which the county lerein such violation occurs shall be the plaintiff. Approved— The 12th dav of June, A. D. 1907. EDWIN S. STUART. Duties of railroad companies. Spark ar- resters. Violations. Penalty. AN ACT > protect trees growing by the roadsides and within the road limits ; and providing a penalty for the unlawful killing, removal of, or injury to the same. Section 1. Be it enacted, &c.. That where any iblic highway in this Commonwealth passes through along forested lands, wild lands, or uncultivated nds, no trees growing within the limits of the said ghway, at a distance beyond fifteen feet on either de of the center-line of said highway, which shall easure four inches or over in diameter at a point 1909. 97. P. L. Trees within hi{?hway limits. Forested or uncultivated lands. 2S4 GAME, FISH AND FORESTRY LAWS. Beyond fif- teen feet, from center line of road. Consent of abutting owner. Appeal. Hearing. Order. Proviso. Brush, etc. Proviso. Cultivated lands. Cutting shall be nec- essary. Notice to abutting owners. two feet from the surface of the ground, shall cut down or destroyed by the commissioners, su]j visors, or road-masters employed by them, or other person, without first obtaining the consen the abutting owners. If any board of coramissioi or supervisors deem the removal of any such tr beyond said limit of fifteen feet on each side of, centre-line of said highway, necessary for the impr ment of the road, and the consent of the abutlj property owners cannot be obtained, the board commissioners or supervisors may appeal the ma to the judge of the court of the proper district ; -^ is hereby directed to examine and inquire into all s subjects of dispute which may be referred to him, a having due regard for the demand for road irapn ment as well as for the preservation of the tn shall, after hearing all parties in interest, make s order in respect thereof as to him shall appear i sonable, equitable, and just; and from whose cision there shall be no appeal: Provided, That commissioners or supervisors shall at all times h the right to clear out brush and other refuse f] along the sides of the road, to the legal width thert And provided further. That all such clearing and moval of brush and refuse shall be confined to gro' that is undet the limit hereinabove described, and the removal of branches that in any way interfere v public travel; and that no other injury, by fire, ting, abrasion, or otherwise, shall be done to standing timber. Section 2. Whenever any public highway runi through improved or cultivated lands, in this Comm wealth, has been opened, and there shall be grow along the roadsides, and within the road limits, shr or trees not interfering with public travel, no bo of supervisors or road-masters or other persons their employ, shall remove, cut, injure, or dest or in any other manner interfere with, such shr or trees, unless said removal or cutting shall be solutely necessary for the purpose of maintaining highway at its best and highest efiiciency ; and, th not until the abutting property owners shall have ceived notice thereof, and an agreement shall h been entered into between the local highway auth ties and the abutting property owners relating to removal, cutting, or interference with said trees, the said parties shall be unable to arrive at an ag: GAME, FISH AND FORESTRY LAWS. 285 it in respect thereto, the same shall be referred a judge of the proper court, as aforesaid. Said ge shall examine and inquire into the subject of troversy, and, in like manner, render his decision, provided for in section one of this act ; and from ich decision there shall be no appeal, ection 3. All logs, cord wood, branch wood, or er forms of wood, which shall be derived from destruction or removal of any trees growing along public highways of this Commonwealth, as afore- 3, shall be surrendered to, and remain the prop- r of, the respective abutting owners, ection 4. Nothing in this act shall be so construed to prevent the local highway authorities, anywhere this Commonwealth, from removing such roadside 8s which may be thrown down by the wind, or ed in such position as to be a menace to public vel, or which, by reason of any other cause, be- le a source of danger to the public and ought to removed ; but every such act of removal on the t of the highway authorities shall always be made h due regard to the circumstances in such case, so to preserve the true intent and purpose of this Appeal. Decision. Logs, cord- wood, etc. Windfalls, etc. Menace to travel. ection 5. The term "highway authorities" in this shall be construed to mean any person who, by ' shall be vested with the power to deal in any nner with the public highways of this Common- alth, and shall include the officials of the State ;hway Department, supervisors, road-masters, and persons employed by them in any capacity, or who rcise any authority over said roads or highways, ection 6. If any commissioner, supervisor, road- ster, or person in their employ, or any other per- shall cut down, kill, or injure any living tree, 'Wmg as aforesaid, and of a size four inches in di- eter, or greater, at a point two feet from the sur- e of the ground, or shall violate any other pro- ion of this act, he shall be guilty of a rnisdemeanor, J, upon conviction thereof, shall be subject to a lalty of not more than five dollars for every tree cut, injured, or destroyed, with costs of suit; to be •overed in an appropriate action to be brought be- e any magistrate, alderman, or justice of the peace the county wherein the said offense was committed, 0, upon affidavit of any person, duly presented, is ?eby authorized and directed to issue his warrant ' 'Highway authorities' construed. Violations. Misde- meanor. Fine. 286 GAME, FISH AND FORESTRY LAWS. Hearing. Commit- ment. Repeal. 1909. 124. P. L. Whereas. to any person empowered to make arrests, direct him to arrest the person so charged. The said ma; trate, alderman, or justice of the peace shall, the upon, proceed to hear both the complainant and i defendant and their witnesses, and shall forthwith ! cide as to him shall appear to be just and right, any defendant upon conviction for any offense si fail or refuse to pay the fine and costs which n be imposed upon him, or shall not give bond w approved surety to itpay the same within ten da he shall be committed to the jail of the county wher the offense was committed, there to remain for period not to exceed thirty days, or until he sh? in the meantime, have paid the said fine and ccj in full. ■ Section 7. All acts or parts of acts in conflict he with be and the same are hereby repealed. Approved— The 1st day of April, A. D. 1909. EDWIN S. STUART AN ACT To permit the acquisition of forest or other suits lands by municipalities, for the purpose of est lishing municipal forests ; and providing for administration, maintenance, protection, and velopment of such forests. Whereas, It has been demonstrated by time and perience in the countries of continental Europe t properly managed municipal forests have proved to important sources of municipal revenue, tend greatly to reduce the burden of municipal taxatl< and Whereas, Many of the townships, boroughs, cities of this Commonwealth are so located that would be proper and exnedient for them to poss tracts of land to be used for the purposes of munici forests, in many instances conserving and protect the water supply and promoting the healthfulness said municipality, and capable, as well, of yield revenue applicable to the purposes of such munieip ties; therefore: — GAME, FISH AND FORESTRY LAWS. 287 Section 1. Be it enacted, &c., That all townships of the first class, boroughs, and cities of this Com- monwealth are hereby empowered to acquire, by pur- chase, gift, or lease, and hold as the property of the municipality, tracts of lands at present covered with forest or tree growth, or suitable for the growth of trees, and to administer the same, under the direction of the Commissioner of Forestry of the Commonwealth of Pennsylvania, in accordance with the practices and principles of scientific forestry, for the benefit and ad- vantage of the said municipalities. Such tracts may be of any size suitable for the purpose, and may be located either within, adjaceut to, or at a distance from the corporate limits of the municipality pur- chasing 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 se- cure his approval of, the area and location of any lands proposed to be acquired for the purposes of municipal forests, previous to the passage of the ordi- nance provided for in section two. Section 2. Whenever the township commissioners of any township of the first clas, or the councils of any borough or city, shall deem it expedient for the municipality to acquire any such lands for the pur- poses of a municipal forest, they shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action ; which said proposed ordinance, prior to its passage, shall be duly advertised once a week for three weeks, and, after its passage and approval, in accordance with exist- ing law. All money necessary for the purchase of such tracts shall be appropriated in like manner as is now done, under existing law, for municipal pur- poses ; and such funds may be provided out of current revenue, or by the proceeds of a sale of bonds, in accordance with existing law. Section 3. Upon the acquisition of any municipal forests or of lands suitable for such, under this act, the proper authorities shall notify the Commissioner of Forestry, who shall make such rules for the govern- ment and proper 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 wtih the true intent of tM6 act, and make Municipal forests. Acquire- ment and holding of. Size and location. Approval of Commis- sioner. Ordinance. Facts and conditions. Advertise- ment. Appropria- tion. Bonds. Acquisition of forest or land. Rules. Publica- tion of. 288 GAME, FISH AND FORESTRY LAWS Maiute- 11 r, nee. etc. etc. Parks. .Mmiic-ipal reveaue. Alienation. Popular vote. 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, mainte- nance, protection, and development of said forest, shall be appropriated and applied as is now done, under existing law, for municipal purposes; and all revenue and emoluments arising from said forest shall be paid into the municipal treasury, to be used for general municipal purposes. Section 5. The municipal forest may be used by the people for general outing or recreation grounds, subject to the rules governing its administration for the purpose of a municipal forest, in which the major idea shall be the sale of forest products for producing a continuing municipal revenue. Section 6. The alienation of a municipal forest, or any part thereof, shall be made only in the manner prescribed herein for the purchase of the same; to wit, by ordinance duly advertised before and after passage, but such ordinance shall not be 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. AN ACT l:!C9. P. L. Relating to the granting of titles by the Common- '''^- wealth of Pennsylvania to vacant or unappropriated land, the price to be paid for the same, the con- veyance to the State Forestry Reservation Commis- sion, where desirable for forest culture or forest preservation, preventing the granting of warrants for the beds of navigable rivers, and providing for acceptance of returns of surveys without limitation as to excess or surplus. Lands, va- Section 1. Be it enacted, &c.. That whenever am caut or un- application shall be made to the Secretary of Internal ajipropn- Affairs for any vacant or unappropriated land, of any kind or description whatsoever, it shall be the duty ated. GAME, FISH. AND FORESTRY LAWS. 289 of the Secretary of Internal Affairs to make or cause to be made a careful investigation concerning the land applied for in said application, with a view of determining, so far as practicable, whether any office rights have heretofore been granted for the land de- scribed in said application; and he may also, at his discretion, cause a su/vey to be made thereof, to as- certain whether such land is vacant or unappropri- ated and if it shall be found that the land described in said application has heretofore been appropriated, or that it is not vacant or unappropriated land, he shall make a report to that effect, which report, to- gether with others relating to the proceedings in the case, shall be filed among the records of the Land Office, and shall be conclusive as to the question of vacancy: Provided, however. That the applicant shall be entitled to an appeal to the Board of Prop- erty under such rules as said Board of Property may adopt. If, in the opinion of the Secretary of Internal Affairs, the land applied for shall be vacant or un- appropriated, it shall be the duty of the Governor of the Commonwealth, the Attorney General, the Sec- retary of the Commonwealth, and the Secretary of Internal Aff'airs to appoint three disinterested repu- table persons to estimate and value the land so ap- plied for, who shall, before they enter upon the duties of their appointment, take an oath or affirma- tion, before a justice of the peace or other officer hav- ing 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 interested 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, minerals, other advantages, and the local situation thereof, and, having agreed upon the valuation per acre of the land so applied for, shall certify the same, under their hands, directed to the Secretary of Internal Affairs ; and in case they refuse or neglect to perform any of their duties as aforesaid, within ninety days from the date of their appointment, then said appointment shall become null and void; and it shall be the duty of the Governor of the Common- Duty of Secretary of Internal Affairs. Survey. Report- Proviso. Appeal. Appraisers. Valuation. Certificate of value. In case of refusal or neglect. 19 290 GAME, FISH AND FORESTRY LAWS, Other ap- oraisers. Report. Request for payment. Proviso. State For- estry Reser- vation Com- mission shall have notice. Report. Warrant and patent. wealth, 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 Secretary of Internal Affairs shall notify the applicant of the value given to the land so applied for, and shall request pay- ment of the amount due the State by virtue of such appraisement, and until such payment is made, ac- cording to the price hxed by the said appraisers and within the time hereinafter specified, the Secretary of Internal Affairs shall withhold the granting of the warrant. If payment is made in accordance with such ap- praisement, the money so paid shall be immediately turned into the State Treasury, and the Secretary of Internal Affairs shall grant title to the applicant for the land so applied for and appraised, in the manner now provided by law, and the expenses inci- dent to the investigation, survey, and appraisement shall be paid by the Commonwealth: Provided fur- ther. That before appraisers shall be appointed as herein stipulated it shall be the duty of the Secretary of Internal Affairs to submit to the State Forestry Reservation Commission a copy of the application made for said vacant or unappropriated land, together with a description thereof as ascertained through said investigation and survey; whereupon it shall be the duty of the said State Forestry Reservation Commis- sion to determine whether it is desirable or practic- able that such vacant or unappropriated land should be acquired for forest culture or forest reservation; and said State Forestry Reservation Commission shall, within the period of two months, make report to the Secretary of Internal Affairs as to the desir- ability or practicability of securing such vacant or unappropriated land for forest culture or forest reser- vation, and if in said report a request shall be made for the conveyance of such vacant or unappropriated land to the State Forestry 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 unappropriated land to the State For- estry Commission, without the payment of any pur- chase money, interest, or fees. GAME, FISH AND FORESTRY LAWS. 291 Section 2. That whenever such vacant or unap- propriated land shall not be conveyed to the State Forestry Reservation Commission, as provided in the first section of this act, it shall be the duty of the person or persons making application, as aforesaid, for such land, to pay the amount of money as fixed by the appraisement into the office of the Department of Internal Affairs within three months from the date of the filing; of the report of the appraisers in the Department of Internal Affairs, due notice of which shall be mailed to the applicant by the Secretary of Internal Affairs; and if such applicant shall not make payment within the time specified, he shall be deemed to have abandoned the purpose of securing a grant from the Commonwealth for the land so applied for and appraised, and such vacant or unappropriated land may then be disposed of to any applicant there- for, on the payment of the price as fixed by the report of the appraisers as hereinbefore provided: Provided however. That in cases where caveats are filed and pending before the Board of Property, the time shall be extended to cover their determination by that board. Section 3. That on and after the passage of this 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 Reservation Commission shall apply for vacant or un- appropriated land for forest culture or forest reserva- tion, the Secretary of Internal Affairs is hereby au- thorized to grunt 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 Department of Internal Affairs, in pursuance of any warrant, location, actual settlement, or order purchase money. Proviso. Prior war- rant, etc. Act of March 28. 1905. cited for repeal. Repeal. vey, without limitation as to the quantity of excess or surplus over the amount specified in the warrant or application: Provided, That the purchase money and interest on such excess be paid into the State Treasury at the rate stipulated in the warrant, or as otherwise required by law, prior to the acceptance of the return of survey and issuance of a patent thereon: And provided further, That no acceptance of a return of survey shall, in any case, prejudice or affect the right or title of any other person in or to such excess or surplus land by virtue of a prior warrant, location, actual settlement, or order of survey thereon. Section 7. The act of Assembly, entitled "An act relating to the granting of titles by the Commonwealth to vacant or unappropriated land, the price to be paid for the same, the conveyance to the State For- estry Reservation Commission where desirable for forest culture or forest preservation, and preventing the granting of warrants for the beds of navigable rivers," approved the twenty-eighth day of March, Anno Domini one thousand nine hundred and five, is hereby repealed; and all other acts, or parts of acts inconsistent with the provisions of this act, are also hereby repealed. Approved— The 3d day of May, A. D. 1909. EDWIN S. STUART. 190'9, 744. Preamble. Preamble. AN ACT L. Providing a fixed charge on lands acquired by the State for forest reserves, and the distribution of the same for school purposes in the townships and bor- oughs wherein State reserves are located. Whereas, The Commonwealth of Pennsylvania is acquiring large tracts of land in its several counties for the purpose of establishing forest reserves, which lands are exempt from taxation ; and Whereas, Because of such exemption, the several school districts within which said reserves are located lose the revenue secured from prior taxation, thus working a hardship upon the citizens of said districts ; therefore, Section 1. Be it enacted, &c., That from and after the passage of this act, all lands now acquired or hereafter to be acquired by the Commonwealth for GAME, FISH AND FORESTRY LAWS. 203 forest reserves, and which by existing law are now exempt from taxation, shall be subject to an annual Annual charge of two cents per acre for the benefit of the ctiarge. schools in the respective districts in which said re- serves are located: Provided, That no school district shall be entitled to receive any sum of money from the State, under this act, unless said school district shall levy and collect a tax, for the support of its schools, of not less than four mills on the dollar of the assessed valuation of property in said school dis- trict . Secti'~>n 2. The Commissioner of Forestry shall cer- tify tu the respective school districts througout the Commonwealth in which forest reserves are located, and to the State Treasurer, the number of acres owned by the Commonwealth therein, for forest re- serve 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 of How pay- said school districts, which said warrants, after the able, approval and counter signature of the Auditor General 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 thousand 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. AN ACT To protect the State Forest Reserves, and providing i^ii' P- l. punishment for the violation thereof. Section 1. Be it enacted, &c.. That if any person Forest shall wilfully, negligently or maliciously kindle a i<<-^serves. fire upon or within any of the Forest Reserves of this Commonwealth, cause a fire to burn thereon except in accord with such rules as may be prescribed by the i^indiing of Department of Forestry; or shall wilfully, negligently Q,.e upon or or maliciously set fire upon adjacent lands, which within. 294 GAME, FISH AND FORESTRY LAWS, Penalty. Injury, de- struction or removal of trees. Penalty. Mutilation, destruction, etc., oi: rules or notices. Penalty. Disposition of fines. "Person" defined. fire shall be communicated to the State Forest Re- serves ; such person shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine not ex- ceeding one thousand dollars for each offense, or imprisonment not exceeding six months, either or both, at the discretion of the court, together with costs of suit. Section 2. If any person, without the consent of the Commonwealth or any of her agents, shall wil- fully, negligently or maliciously cut bark from, or cut down, injure, destroy or remove a tree or trees on any forest reserve of this Commonwealth, or shall wilfully, negligently or maliciously do or cause to be done any other act to the damage of said reserve, or the trees growing therein, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding five hundred dollars for each offense, or imprisonment not exceed- ing three months, either or both, at the discretion of the court, with costs of suit. Section 3. If any person shall wilfully, negli- gently or maliciously violate any of the rules made for the government of the State Forest Reserves, or shall cut, tear down, deface, or otherwise muti- late, 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 exceeding thirty days, either or both, at the discretion of the court, with costs of suit: Provided, That no conviction shall be had for any act committed in violation of this section unless it shall affirmatively appear that copies of such rules or notices were promiently posted in, upon or about said Forest Reserves . Section 4. All fines collected for the violation of any of the provisions of this act shall be paid to the Commissioner of Forestry, who shall pay the same to the State Treasurer, for the use of the Commonwealth . Section 5. The term "person," as used in this act, shall include not only individuals, or natural persons, but, as well, artificial person, existing only GAME, FISH AND FORESTRY LAWS. 295 in contemplation of law ; and shall be construed to mean partnerships, limited partnel^ships , joint stock companies, and corporations, and the officers, agents and employes of the same. Section 6. All acts or parts of acts inconsistent herewith are hereby repealed. Approved— The 5th day of May, A. D. 1911. JOHN K. TENER. Repeal. AN ACT Empowerinsr the United States of America to ac- quire land in the State of Pennsylvania for Na- tional Forest Reserves, by purchase or by con- demnation proceedings ; and granting to the United States of America all rights necessary for control and regulation of such reserves. 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 Penn- sylvania as in the opinion of the Federal Government may be needed for the establishment of National For- est Reserves in this State, in accordance with an act of Congress, entitled "An act to enable any State to cooperate v/ith 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 obtained: Pro- vided further. That if at any time in the future, after the establishment by the Federal Government of such National Forest Reserves in the Commonwealth of Pennsylvania, the Commonwealth shall desire to re- sume complete ownership and control over snid lands, it may do so by appropriate legislative action, pro- viding therein for the repayment to the United States of America of all moneys which may have been spent in acquiring lands the ownership of which is to be re- sumed, and interest thereon at the rate of two per 1911, P. L. 271. National Forest Re- serves. The United States em- powered to acquire land. Proviso. Approval. Proviso. Resumption of control by the State. 296 GAME, FISH AND FORESTRY LAWS Concurrent jurisdiction. United States laws. Proviso. State Forest Reserves. Act con- strued. centum per annum: And provided further, That the Commonwealth of Pennsylvania shall retain a con- current jurisdiction with the United States in and over such lands, so far that civil process, in all cases, and such criminal process as may issue under the authority of the Commonwealth of Pennsylvania against any person charged with the commission of any crime, without or within said jurisdiction, may be executed thereon in like manner as if this act had not been passed. Section 2. That the said United States of America is hereby empowered to pass such laws as it may deem necessary to the acquisition of land in Penn- sylvania, as hereinbefore provided, and for incorpo- ration of such land into said National Forest Re- serves, as in the opinion of the Federal Government may be needed for this purpose. Section 3. That the said United States of Amer- ica is hereby empowered to pass such laws, and to make or provide for the making of such rules, of both a civil and criminal nature, and provide punishment for the violation thereof, as in its judg- ment may be necessary for the management, control, and protection of such lands acquired from time to time by the United States of America under the pro- visions of this act: Provided, however. That the authority hereby given shall be subject to all the con- ditions and stipulations and reservations contained in this act. Section 4. That this act shall not confer power to condemn land now held or hereafter to be ac- quired by Pennsylvania as and for a State ITorest Reserve. Section 5. Nothing in this act shall be construed to repeal or invalidate or in any way affect the pro- visions of an act of Assembly, approved the twenty- second day of April, one thousand nine hundred and five, entitled "An act to preserve the purity of the waters of the State, for the protection of the public health," or the provision of an act, approved the twenty-seventh day of April, one thousand nine hun- dred and five, entitled "An act creating a Depart- ment of Health, and defining its powers and duties," or the provisions of an act, approved the fourteenth day of May, Anno Domini one thousand nine hundred and nine, entitled "An act to safeguard human life GAME, FISH AND FORESTRY LAWS. 297 and health throughout the Commonwealth by provid- ing regulations for the control of certain communicable diseases and the prevention of infection therefrom, and prescribing penalties for the violation of said regulations." Approved— The 11th day of May, A. D. 1911. JOHN K. TENER AN ACT For the protection of shade- and fruit-trees grow- 1911, P. l. ing on or along any highway, street, or road. 679. Section 1. Be it enacted, &c.. That any person t^^^^^s. who shall wilfully and maliciously 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, shal] be guilty of a misde- meanor; and upon conviction thereof, before any al- derman, magistrate, or justice of the peace, shall be sentenced to pay a fine not exceeding ten dollars, or to undergo an imprisonment in the jail of the proper county not exceeding five days, or both, at the discretion of the alderman, magistrate, or justice. Approved — The 7th day of June, A. D. 1911. JOHN K. TENER Wilful aud malicious in- jury. Penalty. Trees and woodlands AN ACT To protect trees and woodlands, and providing pun- I9ii, P. L. ishment for the violation thereof. ^^^• Section 1. Be it enacted, &c.. That if any person shall wilfully, negligently, or maliciously set on fire, or cause to be set on fire, any woodlands within this Commonwealth, or shall directly or indirectly, without the consent of the owner, cause fire to burn therein; or shall wilfully, negligently, or maliciously set fire upon adjacent lands, which fire shall be com- municated to woodlands ; such person shall be guilty of a misdemeanor, and on conviction thereof be fined not^ exceeding one thousand dollars for each offense, or imprisonment not exceeding six months, either or both, at the discretion of the court, together with costs of suit. GAME, FISH AND FORESTRY LAWS Injury, de- struction or removal of trees. Penalty. Unlawful purchase, etc. Penalty. Double damages. Treble damages. Eetaking of property. Section 2. If any person shall wilfully, negli- gently, or maliciously cut bark from, or cut down, in- jure, destroy, or remove a tree or trees growing or standing upon the land of another, without the con- sent of the owner; or shall wilfully, negligently, or malicously do or cause to be done any other act to the damage of said land or the trees growing thereon ; such person shall be guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding five hundred dollars for each offense, or imprisoned not exceeding three months, either or both, at the dis- cretion of the court, together with costs of suit. Section 3. If any person shall purchase or re- ceive a tree or trees, knowing the same to have been cut or removed without the consent of the owner thereof; or shall purchase or receive any logs, planks, boards, staves, shingles, or other lum- ber, made from such trees so cut or removed, and knowing the same to have been so cut and made, without such consent ; such person 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 shall wilfully, negli- gently or maliciously cut down or fell, or employ any person to cut down or fell, a tree or trees growing upon the land of another, without the consent of the owner, such person shall be liable to pay to the owner double 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 recovered in an appropriate 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 damages herein provided, the owner of such trees may follow the same and retake them from the possession of any person, and wheresoever they may be identified and found; as well as, in the same man- ner, retake all material into which said trees may have been converted, wherever the same may be iden- tified 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 the GAME, FISH AND FORESTRY LAWS. 299 same to the owner thereof, after due proof of owner- ship shall have been made, such person shall be equally guilty of misdemeanor, and upon conviction thereof subject to the punishment provided in section two of this act. Section 5. The term "person" as used in this, act, shall include not only individuals or natural per- sons, but as v/ell artificial persons, existing only in contemplation of law, and shall be construed to mean partnerships, limited partnerships, joint stock companies and corporations, and the officers, agents, and employes of the same. Section 6. The term "woodlands," in this act, is intended to include, and shall be construed to mean, woods, farmers' v/oodlots, marshes, moors, brush, barrens, brush lands, and wild unseated uncultivated land. Section 7. All fines which shall be collected or 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 S. Ail acts or parts of acts inconsistent herewith are hereby repealed. Approved— The 9th day of June, A. D. 1911. JOHN K. TENER. Penalty, "Person' defined. "Wood- lands" defined. Fines. Repeal. AN ACT Authorizing the Department of Forestry to lease portions 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 not exceeding -ten years, on such terms and conditions as it may consider reasonable, to any citizen, church, organization, or school board of Pennsylvania, such portion of the State Forest as the department may deem suitable, as a site for a temporary building to be used by such citizen or family for health and recreation, or as a site for church or school purposes 1913, P. 12. Forest reserves. Lease of sites for temporary buildings. 300 GAME, FISH AND FORESTRY LAWS. Kents. 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. 426. Auxiliary- forest reserves. Classifica- tion, etc. Notice of owner. AN ACT To classify certain surface lands as auxiliary forest reserves ; to prescribe the terms and conditions for their continuance in said classification, or their withdrawal therefrom ; and to provide for the ex- penses attendant thereon. Section 1. Be it enacted, &c.. That in order to en- courage the growing of such trees, now existing or hereafter produced, as will at the proper age be suit- able for merchantable forest products, whether such be of natural reproduction or from seed sown, or trees planted out, or all combined, all surface 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 desires 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- *By amendment to the School Code. Section 2701 and Section 2707, approved June 4, 1915, infra page 325, all receipts from State lauds are paid into the State Scliool Fund of Pennsyl- vania. GAME, FISH AND FORESTRY LAWS. 301 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 class established by section one of this act, and keep the same therein until the trees groAving 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, 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 of the commission, up to such time as such trees become 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 commis- sion, and due proof thereof is made, the commission may remove said surface land from the class estab- lished by section one of this act. In case of such removal, either through failure of the owner to care for 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 from said owner, for the use of the county and township, by an appropriate action at law if neces- sary, the difference in the amount of tax which would have been paid by the said owner at the rates established for the years for which recovery is sought and the rate provided for auxiliary forest reserves, with costs of suit, to be recoverable from the time when such land was placed in the class of auxil- iary forest reserves. And the commission shall re- move said surface land from the class established by section one of this act at_ any time that the then owner shall, in writing, notify the commission that he desires such removal. The commission may, in its Examina- tion. iSeport. Duty of county couj- missioners. Proviso. Agreement. Failure to care for trees. Romoval from classifi- cation. Recovery of tax. 302 GAME, FISH AND FORESTRY LAWS. Owner to file bond. Cutting of timber. Removal and marketing. Replanting, etc. Expenses, Right of owner. discretion, 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, of such kind and amount as the com- mission shall deem reasonable and sufficient to se- cure the obligations of such owner under this act. Section 4. Whenever trees growing on said surface land have become suitable for merchantable forest products, the commission shall, at the request of the owner or on its own motion, make an examination 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 com- mission . 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 im- mediately 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 accordance with the written agreement of the owner and the in- structions 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 examination 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 right 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 GAME, FISH AND FORESTRY LAWS, 303 remaining trees; and, under the same direction, may be privileged to remove therefrom such timber, from time to time, as may be necessary and essential for use upon the neighboring cleared lands of the said owner, for general farm purposes. Section 7. Any tract of land while remaining in the class of auxiliary forest reserves as above pro- vided, may, nevertheless, be sold or incumbered by Sale or in- or through the owner thereof, but no sale or in- cumbrance. cumbrance, whether voluntary by the owner or in- voluntary under any statutory or judicial proceeding whatsoever, whether of any State or of the United States, shall effect a discharge of any obligation imposed under this act, and said land shall be removed from said class only in accordance Avith the provisions hereof. Section 8. That all acts or parts of acts inco^^- Repeal, sistent herewith be and the same are hereby repealed. Approved— The 5th day of June. A. D. 1913. JOHN K. TENER. AN ACT To provide for the assessment and taxation of auxil- iary forest reserves, and the collection, distribution and use of the taxes collected therefrom. Section 1. Be it enacted, &c., That all surface land which may hereafter be classified and set apart as auxiliary forest reserves, in the manner provided by law, shall be rated in value, for the purpose of taxaiiion, not in excess of one dollar ($1.00) per acre and shall continue to be so rated so long as the said land remains within the class designated as auxiliary forest reserves: Provided, however, That if the said surface land be underlaid with coal, iron ore, oil, gas, or other valuable minerals, said min- erals may be separately assessed. The assessors in the several districts in which such lands are situate shall assess such lands in the manner now or here- after provided for the assessment of real estate for purposes of taxation, as if they had not been set apart as auxiliary forest reserves, and shall make their returns to the county commissioners in like man- ner as is now or hereafter may be provided by law, subject to exception, appeal, and final adjustrnent. 1913, p. L. 405. Auxiliary forest reserves. Assessment and taxation. Minerals. Returns. 304 GAME, FISH AND FORESTRY LAWS. Reduction of assessmeut. Timber about to be har- vested. Payment to county treasurer. Distribution of fund. Lien. Proviso. Super- visors. Section 2. Upon receipt of assessment returns from the various assessors, the county commissioners shall reduce, in their records, to a sum not in excess of one dollar ($1.00) per acre, the assessment on all thos^ lands which shall have been placed in the chiss known as auxiliary forest reserves, in accordance with certificates filed with them by the State For- estry Reservation Commission,, and the original as- sessment returns made by said assessors shall be pre- served . Section 3. Whenever timber, on land which is in- cluded in the class of land known as auxiliary forest reserves, is about to be harvested, the then owner of the timber on said land shall give a bond to the county treasurer in twenty per centum of the amount of the estimated value of the timber to be harvested, and to be approved by the court of the county, conditioned to pay to the county treasurer, within ninety days after harvesting, ten per centum of the value of the trees immediately at and before the time of harvesting; which amount shall be ascertained by statement and return, under oath or affirmation, furnished in triplicate, one to the county commis- sioenrs, one to the county treasurer, and one to the commission, immediately after harvesting, by the then owner of the land, setting forth said value; which sum thus paid shall be divided and distributed by the county treasurer > of each county — to the county, and to the poor district, the road district, and the school district of the township in which the auxiliary reserve is situate, pro rata, based upon the last assessed millage of taxation for county, poor, road, and school purposes within said taxing district. Such sum of money when ascertained to be due as a tax by the filing of the foregoing statement and re- turn, under oath, and, as hereinbefore provided, di- rected to be paid to the county treasurer by the owner of an auxiliary forest reserve, shall, from the time of such filing, be and remain a lien upon the land of such owner until payment shrill have been made: And be it further provided. That all moneys received by the boards of supervisors shall be appropriated exclusively to the opening, mainten- ance, and repair of the public roads now or hereafter passing through or into said auxiliary for- est reserves, or upon which said reserves now or GAME, FISH AND FORESTRY LAWS. 306 hereafter may abut; and, in the event that no public ^pp^^p^J*" highways pass through or into said reserves, or none ^^° ^^ ^™**' of said reserves abut on such highways, then said moneys shall be used for general township road pur- Section 4. Should the co'^nty commissioners be dis- satified with the return marie, as hereinbefore pro- vided in section three hereof, the court of common pleas of the proper county, on petition of the com- missioners, shall appoint a board of three ap- praisers, who shall go upon the land in question, estimate the quanttiy and value of the trees im- mediately at and before the time of harvesting, and make a return thereof to the court, which said re- turn shall then be made the basis upon which each owner shall make payment to the respective county treasurers, unless changed upon appeal. The said appraisers shall be duly sworn or affirmed before entering upon their work, and either party, if dis- satisfied with the report of the appraisers, shall have right of appeal to the court of common pleas of the county, within ten days after such report shall be filed and notice thereof given the owner. The said appraisers shall be allowed their expenses and a compensation to be fixed by the court, both to be paid by the county commissioners. Section 5. In case of the removal of said lands from the class known as auxiliary forest reserves, prior to the maturity of the timber, and without payment of the tax of ten per centum of the value thereof, as provided in section three of this act, the county commissioners shall, on notice from the com- mission, ascertain the amount of the taxes which would have been paid by the said owner on the original assessment, before the reduction provided for in section two of this act, adding legal interest from the date when each tax payment would have become delinquent. The said commissioners shall likewise ascertain the amount of taxes which have actually been paid upon the land in question, adding legal interest upon all such payments from the date when paid, and certify the result thereof to the county treasurer, who shall then proceed, in the manner provided for the collection of county taxes under general laws, to recover from such owner the difference between the two amounts, with costs. Such If the retura Is not satis- factory. Petition. Appraiser*. Return. Oath. Appeals. Expenses and com- pensation. Remoral of lands from classifica- tion prior t& maturity of timber. Notice. Ascertain- ment of tax due. Oertiflcats. 20 306 GAME, FISH AND FORESTRY LAWS. Lien. Removal from class after ma- turity, etc. Wlien act shall take effect. difference, so ascertained to be due as tax as afore- said, shall be and remain a lien upon the land of such owner until payment shall have been made. If such land shall be so 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 land shall thereafter be liable to assessment and tax as all other land not classed as auxiliary forest reserves. Section 6. This act shall take effect only beginning with assessments made for the purpose of levying taxes for the fiscal year one thousand nine hundred and fourteen. Approved— The 5th day of June, A. D. 1913. JOHN K. TENER. . 1913, P. L. Preamble. Auxiliary foreKst reserves. Annual charge on for school and road purposes. Payable by the State. Certificate acreage, etc. AN ACT Providing a fixed charge on land classified as aux- iliary forest reserves ; and the distribution of the fund thus set aside for school and road purposes. Whereas, By existing law the State forest reserves are subject to an annual charge of two cents per acre for the benefit of schools, and two cents per acre for the benfit of roads, in the respective dis- tricts in which said reserves are located ; and Whereas, It would be a hardship to withhold from school and road districts the taxes which would otherwise be collected from land classified as aux- iliary forest reserves ; therefore, — Section 1. Be it enacted, &c.. That all lands which shall hereafter be classified as auxiliary forest re- serves shall be subject to an annual charge of two cents per acre for the benefit of the schools, and two cents per acre for the benefit of the roads, in the respective districts in which said reserves are located. Said charge is hereby made payable by the State. Section 2. The State Forestry Reservation Com- mission shall certify to the respective school dis- tricts and road districts, throughout the Common- wealth, in which auxiliary forest reserves are located, the number of acres thus set apart and classified in each district, and the charge against the same; and GAME, FISH AND FORESTRY LAWS. 307 shall, furthermore, certify to the State Treasurer the number of acres as aforesaid, and the charge against the same, in favor of the respective school and road districts. The State Treasurer shall, upon the approval of the proper warrants of the commis- sion, pay to the several school districts and road r'ayments. districts 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. A SUPPLEMENT. To an act, entitled "An act to establish a Department 1913, P. l of Forestry, to provide for its proper administra- ^^^ tion, to regulate the acquisition of land for the Commonwealth, and to provide for the control, pro- tection, and maintenance of forest reserves by the Department of Forestry," approved the twenty- fifth day of February, Anno Domini one thousand nine hundred andj;)ne (Pamphlet Laws, page eleven), authorizing the Department of Forestry to desig- nate certain of the foresters within its employ to act as District Foresters, in the performance of gen- eral forest work other than within the State For- ests. Whereas, In accordance with section three of an Preamble. act, entitled "An act to establish a Department of Forestry, to provide for its proper administration, to regulate the acquisition of land for the Common- wealth, and to provide for the control, protection, and maintenance of forest reserves by the Department of Forestry," it is provided that it shall be the duty of the Commissioner of Forestry, among other things, "to encourage and promote the development of For- estry, to obtain and publish information respecting the extent and condition of forest lands in the State, and to execute all rules and regulations adopted by the Forestry Reservation Commission for the enforce- ment of all laws designated for the protection of forests from fire and depredation" and Whereas, It is desirable and expedient that that phase of forestry known as farmers' woodlot and pri- vate forestry be given greater consideration and as- , sistance than it has heretofore received ; therefore,— 308 GAME, FISH AND FORESTRY LAWS, Department of Forestry. District Foresters. Duties of District f^oresters. GfQces and supplies. Section 1. Be it enacted, &c., That the Depart- ment of Forestry be authorized to designate, wher- ever the demands of forestry warrant, certain of the foresters in the State Forest Service to be known ns District Foresters, and that the districts to which they may be assigned shall be coterminus with one or more of the counties throughout the Commonwealth. Section 2. It shall be the duty of the District Forester, under the direction of the department, to promote within his district the development of for- estry by conducting such educational efforts as may be necessary to bring to the attention of the people the uses and purposes of practical forestry, to render as- sistance to forest and woodlot owners, to conduct ex- periments in forestry, to collect data concerning for- ests and woodlots within his district, to inspect and report to the department upon the work of the fire- wardens, to advise with land owners upon the plant- ing and protection of shade-trees, to assist in Arbor Day work, and to promote and advance any other ac- tivity in local forestry which may be designated by the Department of Forestry. The District Forester shall be supplied by the Department with suitable of- fice facilities and supplies to enable him to carry on his work. Approved— The 21st day of July, A. D. 1913. JOHN K. TENER. IMS, 140. County Com- missioners. AN ACT Directing the county commissioners of the several counties to offer for sale to the Department of For- estry tracts of land which they may have purchased at county treasurers' sales, for acceptance or re- fusal for forestry purposes, and to convey to the Commonwealth of Pennsylvania the tracts so offered to be sold, if accepted by the department. Section 1. Be it enacted, &c.. That when county commissioners shall have received from the county treasurer a conveyance of lands which shall have been advertised and sold for unpaid taxes, in ac- cordance with the several acts of Assembly relating to the sale and conveyance of lands for taxes, the , said commissioners are hereby directed, after the GAJklE, FISH AND FORESTRY LAWS. 399 period' for redemption of said lands shall have ex- pired, to offer said lands to the Department of For- estry, for acceptance or rejection by snid department, for forestry purposes, when required so to do by the Department of Forestry. The county commis- sioners, in making such offer, shall describe the Innd by giving the name of its former owner, its location, warrantee nnme or number, and its adjoiners. They shall state the number of acres and perches in each tract so offered, and the fimount of taxes, interest, and costs due thereon, which shall have been levied and become a lien and accrued to the time of mak- ing the offer. Every such offer shall be accom- panied by a draft of the land, when required by the department, to be prepared by the county surveyor. The cost of the preparation of such draft shall be paid by the county commissioners, and in no case shall exceed the ordinary and usual amount paid for the making of similar drafts in the course of county business. The cost of the draft may be added by the commissioners to the amount of costs accrued against the land whir>h they shall offer the Department of Forestry. Where adjoining tracts are so offered, they shall be included within one draft, and the cost of the draft shall be ratably ap- portioned am_ong 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 nreparpd by thf Dppartment of Forestry and supplied to the commissioners, 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 department shall so notify the commissioners. If found to be suitable for that purpose, it shall likewise notify the commissioners of its suitability, make a conditional acceptance, and proceed to examine the title. If such examination shall disclose that the title is marketable, and of such character as can be safely accepted, the depart- ment shall prepare a deed to be executed by the com- mi«5sioners, conveying such land to the Commonwealth of Pennsylvania. The consideration shall include aU taxes levied, interest, and costs due to date of con- veyance; but shall, in no case, exceed the limit of Sale of laaAs to Depart- ment of Forestrj. Forest reserves. Description. Draft. Cost of draft. Examina- tion and valuation. 310 GAME, FISH AND FORESTRY LAWS. Removal of ol>.iec'tioas, etc. Repeal. purchase price now or hereafter fixed by law for the purchase of land by the Department of Forestry for forestry purposes. Section 3. That if the title examination shall dis- close incumbrances upon the land, or other objections, which, in the judgment of the Department of For- estry, will render the title unmarketable or undesir- able for the State to own, the county commissioners 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 further pro- ceeded with until the title shall be rendered acceptable to the Department of Forestry. In case the county commissioners neglect or refuse to remove objections to title when required by the Department, the De- partment may, after a reasonable time, not exceeding six months, notify the commissioners that it refuses to consider the further purchase of the land so of- fered. The time for removal of objections may be extended by the department for cause shown. Section 4. That all laws or parts of laws in con- flict herewith are hereby repealed. Approved— The 21st day of April, A. D. 1915. MARTIN G. BRUMBAUGH. 1915, 155. P. L. Forestry. Forest- trees. Distribu- tion. Agreement. AN ACT Authorizing the Department of Forestry to grow and distribute young forest- trees, and restricting 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 trees so distributed, but the cost of boxing and ship- ping shall be paid by the applicant. The applicant must enter into an agreement with the department to plant the young trees under such conditions or GAME, FISH AND FORESTRY LAWS 3H regulations as may be made by the department, and to protect and care for them when planted. The de- partmerit may render such assistance and instruction in the planting of the trees as it may deem necessary to 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 be properly planted, in accordance with the agree- ment entered into with the department. Section 3. That all acts and parts of acts incon- Repeal, sistent with or supplied bv this act are repealed. Approved— The 21st dav of April, A. D. 1915. MARTIN G. BRUMBAUGH. May not be sold. AN ACT Extending the powers and duties of foresters, forest 1915, P. L. rangers, game protectors, deputy game protectors, ^^^" special deputy game protectors, fish-wardens, and deputy fish-wardens of this Commonwealth. 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 forestry, fish, and game ; it shall be the duty of every game protector, deputy game protector, or special deputy game pro- tector, commissioned in this Commonwealth, to en- force all the laws relating to fish, game, and forestry; it shall be the duty of every fish-warden or deputy fish warden, commissioned in this Commonwealth, to enforce all the laws relating to game, fish, and forestry, under the direction of that department or commission into whose special care the interests of these several subjects have been entrusted, namely: All prosecutions for violation of laws relating to forestry shall be brought under the direction of the Department of Forestry ; all prosecutions for viola- tion of the fish laws shall be brought under the di- rection of the Department of Fisheries ; and all prosecutions for violation of the game laws shall po^^j-s of be brought under the direction of the Board of Game officers ex- Commissioners ; and, to that end, the powers of all tended. Forestry, fish and game laws. Duty of for- est rangers, game pro- tectors, and firsh wardens. Prosecu- tions. 312 GAME, FISH AND FORESTRY LAWS. the officers aforesaid are hereby extended in such a way as to give them full authority to carry out the purposes of this act. EepeaL Section 2. All acts or parts of acts inconsistent with this act, in so far as they relate to the various subjects and conditions considered by this act, and specifically changed by its provisions, are hereby re- pealed. Approved — The 21st dav of April, A. D. 1915. MARTIN G BRUMBAUGH. 1915, P. L. Department of Forestry. Limit ©f par- cliase price of lands for forest r«- Bepeal. 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. Sec, That the limit of purchase price to be paid by the Department of For- estry for land hereafter to be purcnased by it, and used for State forest purposes, shall not exceed the sum of ten dollars per acre. Section 2. That all acts or parts of acts in con- flict herewith are repealed. Approved— The 14th day of May, A. D. 1915. MARTIN G. BRUMBAUGH. 1916. p. L. 7»7. Department of Forestry. Bureau of Forest Pro- tection. AN ACT To establish a Bureau of Forest Protection within the Department of Forestry ; designating the officers who shall constitute the Bureau, their duties 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, &c.. That a Bureau of Forest Protection is hereby established within the Department of Forestry. The persons appointed thereto or assigned to duty therein shall be subject to the authority and under the control of the Commis- sioner of Forestry. GAME, FISH AND FORESTRY LAWS. 313 ARTICLE I. Chief Forest Fire-Warden. Section 101. Appointment. — Immediately after this act becomes effective, and thereafter whenever a va- cancy occurs, the Commissioner of Forestry shall ap- point a forester in the en ploy of the department to be the chief forest fire-warden. Section 102. Duties:— (a) It shall be the duty of the chief forest fire- warden to take such measures for the prevention, con- trol, and extinction of forest fires as will assure a rea- sonable protection from fire to woodlots, forests, and wild lands within the State. fb) The chief forest fire-warden shall institute the system of forest fire-wardens, as hereby 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 fire-warden shall divide the State into forest fire districts, for the organization of an effective forest fire-warden system. (e) At the end of each calendar year he shall ren- der to the Commissioner of Forestry a report for the year, covering all phases of the work under his direc- tion, which report, together with a list of the fire- wardens, shall be published annually as a bulletin of the Department of Forestry. (f) He shall collect, with the assistance of the force and means at his command, data relating to location, area, and fire hazard of woodlots, forests, and wild lands within the State; data relating to forest fires, and losses resulting therefrom ; and such other data as he may deem to c^me within the purview 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 man- ner that the information may be easily and readily ap- preciated. Maps, drafts, and tables shall be pub- lished, in the discretion and under the direction 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. 314 GAME, FISH AND FORESTRY LAWS. (h) He shall plan and put into effect as rapidly as convenient a system of fire-towers and observation sta- tions, which shall cover the regions subject to forest fires, purchase the necessary material and equipment, and hire the necessary labor for the installation of the system . (i) When, in his discretion, the purposes of this act may be i ccomplished better by the appointment of certain forest fire-wardens as watchmen or patrolmen during dry seasons, and within regions subject to great fire risk, he shall make such appointments; pro- vided that no person shall be appointed watchman or patrolman without first having been appointed a forest fire-warden, and that wa/dens who have proved to be efficient shall be given preference. (j) He may enter into agreements, with the consent of the Commissioner of Forestry, with persons, firms, corporations, or associations, upon satisfactory terms, for the successful accomplishment of forest fire pre- vention or control. (k) He shall conduct such educational work in re- lation to forest fires as may be approved by the Com- missioner of Forestry. (1) He shall audit all bills incurred under this act. He shall approve those which are correct and should be paid and present them to the Commissioner of Forestry, who shall transmit them to the Auditor General. (m) Upon receipt of checks from the State Treas- urer, he shall send them to the persons entitled there- to. (n) He shall have authority to declare a public nuisance any property which, by reason of its con- dition or operation, is a special forest fire hazard, and, as such, endangers other property or human life. (o) He shall notify the owner of the property, or the person responsible for the condition declared a public nuisance, and advise him as to the abatement or removal of such nuisance. In the case of a rail- road, such notice shall be served upon the superin- tendent of the division upon which the nuisance exists.. (p) He shall collect and arrange information ob- tained concerning violation of laws relating to the protection of forests from fire, and present the same to the Commissioner of Forestry, who shall file it with the Attorney General for legal action. GAME, FISH AND FORESTRY LAWS. 315 Section 103. Compensation. — The chief forest fire- waren shall be paid a salary not to exceed two thou- sand five hundred ($2,500) dollars per annum, and necessary expenses incurred in the performance of his duties. ARTICLE II. Clerical Assistants. Section 201. As soon as convenient after this act becomes effective, the Commissioner of Forestry shall assign to the Bureau of Forest Protection a forester in the employ of the department, to act as a clerk to the chief forest fire-warden; and, from time to time, may assign such other clerical assistants to the bureau as may be necessary. ARTICLE III. District Fire- Warden. Section 301. Appointment. — As rapidly as fire dis- tricts may be determined upon by the chief forest fire-warden, and thereafter whenever vacancies occur, the Commissioner of Forestry shall appoint foresters in the employ of the department, to be known as district fire-wardens. Section 302. Duties:— (a) The district fire-warden shall establish head- quarters at some advantageous place within his dis- trict ; shall act as the field representative of the chief forest fire-warden, and be under his direction. . (b) He shall be responsible for the collection of data, within his district, necessary for accomplishing properly the purposes of this act. (c) He shall make recommendations to the chief forest fire-warden for the appointment of local fire- wardens, the location of fire-towers, the employment of pntrolm.en, and the region to he patrolled, 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 316 GAME, FISH AND FORESTRY LAWS. sh.ill servo 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 reports and accounts of the local lire-wardens before sub- mitting thorn to the chief forest fire-warden. (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 30o. Compensation. — The district fire- warden shall be paid a salary not to exceed one thou- sand eight hundred ($1,800) 'dollars per annum, and all necessary expenses incurred in the performance of his duties. ARTICLE IV. Local Forest Fire-Wardens. Section 401. Qualifications. — A person appointed a local fire-warden shall be chosen expressly by reason 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. Where no district fire-warden has been appointed, the chief forest fire-warden shall first satisfy himself as to the above qualifications before making an appointment. Section 402. Appointment. — Local fire-wardens shall 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 shall be given a certificate of appointment, issued by the chief forest fire-warden, and moy 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- GAME, FISH AND FORESTRY LAWS. 3W monwealth, it shall be the duty of a forest fire-warden immediately to take such measures as are necessary to extinguish the fire. (b) Whenever fires have been combated or ex- tinguished as provided for in this act, the forest fire- warden shall prepare a correct statement of expenses, upon forms to be furnished by the department; which statement must be verified by oath or affirmation, and must be filed with the district warden, and by him forwarded to the chiff forest fire-warden within sixty days of the date of fire. (t) He shall pi'omptly investigate 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 r-^cript of a check from the State Treas- urer, he shall at once pay by check the amounts due to such persons as are entith d 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 watchman, he shall perform such duties as may be assigned him by the chief forest fire-warden or by the district fire- warden. Section 405. Compensation. — Each local fire- warden shall be paid at the rate of thirty cents per hour for the time actually employed in the perform- ance of his duties. He shall also be paid for the necessary expenses incurred in the performance of his duties. In addition, he shall be paid annually the sum of ten dollars ; provided that the Commissioner of Forestry may withhold this annual sum for just and reasonable cause. A local forest fire-warden shall not be paid from the forest fire fund, for services in any one month, an amount in excess of fifty dollars. ARTICLE V. Special and Ex Officio Forest Fire- Wardens. Section 501. The chief forest fire-warden may ap- point persons who will serve without compensatioii as special or as ex officio forest fire-wardens. They 318 GAME, FISH AND FORESTRY LAWS. shall have the same power and authority ns local forest fire-wardeus, but their duties may be changed or ex- tended by the chief forest fire-warden. Section 502. Foresters and raujrers In rh.-; employ of the Department of Forestry shall be forest titt- wardens ex oflicio. Section 503. Special and ex officio forest fire- wardens shall receive no compensation under this act, other than the necessary expenses incurred by them in the performance of their duties as fire-wardens. ARTICLE VI. General Powers. Section 601. A fire-warden shall have authority to employ such other persons as, in his judgment, may be necessary to render assistance in extinguishing fire; and, whenever it shall not othorAvise be possible for him to secure a sufficient number of persons to assist in extinguishing fire, he is hereby authorized to compel the attendance of persons and to require them to render assistance in the extinguishing of fire, under penalties prescribed in this act. Section 602. A fire-warden shall have authority to administer an oath or affirmation, in order to examine any person who he believes knows facts relating to any fire, or who claims compensation for services rendered. Section 603. Every official provided for by this act shall have authority to enter upon any land at any time for the purpose of performing duties in accord- ance herewith. Section 604. A fire-warden shall have power to ar- rest on view, without first procuring a warrant, any person detected by him in the act of committing an offense against any of the laws now enacted or here- after to be enacted for the protection of forests, wood- lots, timber, or wild lands, or when he shall have a reasonable suspicion that any person is committing or is about to commit some such ofFense. The warden shall have further power to take the offender before a justice of the peace, or other magistrate having juris- diction, for hearing, trial, or other due process of law. The further conduct of any such ease shall be en- trusted to, and be undertaken by, the Attorney Gen- eral. GAME, FISH AND FORESTRY LAWS. 319 Section 605. A fire-warden shall not be personally liable for any act required or permitted to be done under the provisions of this law, while acting within the scope of his duties as a fire-warden. ARTICLE VII. Private Persons. Section 701. Fire-Fighters.— Persons who extin- guish forest fires, except as otherwise provided, shall be paid at a rate per hour to be determined for each fire district by the chief forest fire-warden, with the approval of the Commissioner of Forestry, and based upon the rates of wages received for day labor within the respective fire districts ; provided the rate does not exceed twenty-five cents per hour. Section 702. Appeal to the Commissioner of For- estry. — If any person shall feel aggrieved by the act of any fire-warden, such person may appeal to the Commissioner of Forestry, who will examine into the complaint. After hearing the parties he shall decide as to him shall seem just and right. Section 703. Land Owners. — Nothing in this act shall be so construed as to relieve the owner or lessee of lands, upon which fires may burn or be started, from the duty of extinguishing such fire so far as may lie within his power. No owner or lessee of land upon which fire may burn or be started, nor any person during employment with such owner or lessee, nor any other person with a present vested interest in such land, shall receive compensation under this act for extinguishing fire upon his land or the land to which his interest is at- tached . No person who is responsible for the spreading of a fire to a woodlot, forest, or wild land, nor any per- son in his employ, may receive compensation from a fire-warden for helping to extinguish such fire. ARTICLE VIII. Railroads. Section 801. All steam and electric railroad com- panies owning or operating lines of railroad within the State shall put into effect such reasonable regu- lations for the prevention of forest fire as may be- S20 GAME, FISH AND FORESTRY LAWS. deemed necessary by the chief forest fire-warden, pro- viding the regulations be approved by the Public Service Commission. ARTICLE IX. Expenses . Section 901. Expenses incurred under this act shall he paid from the general forest protection appropria- on. Section 902. No bills of expense relating to the protection of forests from fire incurred under this 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- rants against the general forest protection appropria- tion in favor of the persons and for the amounts shown by the approved bills. ARTICLE X. Penalties. Section 1001. Penalty for Neglect of Duty.— If a fire-warden shall fail to perform his duty, or shall render a false or fraudulent statement of service al- leged to have been performed, or shall fail to pay promptly the respective amounts due those who have rendered service, after said amounts have been trans- mitted to him, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding 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 suppression of fire, shaU call upon any person to render assistance, and such person shall refuse without a just and fair excuse he is hereby de- clared to be guilty of a misdemeanor, and upon con- viction thereof shall be sentenced to pay a fine n^t GAME, FISH AND FORESTRY LAWS. 321 exceeding one hundred dollars, or undergo imprison- ment not exceeding one month, or both, in the dis- cretion 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 shaP be sentenced to pay a fine not exceeding one hundj' ^ dollars, or undergo imprisonment not exceeding "ju[onthl,v statements. 324 GAME, FISH AND FORESTRY LAWS. Annual renort. Repeal. transmit them to the Auditor General, who shall then draw his warrant for one-half of the amount of ex- penditures approved by the Commissioner of For- estry . Section 2. That every county, township, munici- pal, or private agency working under agreement with the department, in accordance with this act, shall render to the department, at the end of each calendar year, a report setting forth a complete itemized state- ment of expenditures made with a view to the pre- vention and suppression of forest fires, and stating such other information as the department may re- quest. The financial statement and facts relating thereto shall be accompanied by an affidavit sub- scribed to by the person authorized to make the re- port. Section 3. All acts and parts of acts inconsistent with or supplied by this act are repealed. Approved — The 4th day of June, A. D. 1915. MARTIN G. BRUMBAUGH. i9ir,, p. L, 816. Department of Forestry. Grant of rights of way through State forests. "Right of way" de- fined. Repeal. AN ACT Empowering the Department of Forestry to grant rights of way through the State forests. Section 1. Be it enacted, &c.. That the Department of Forestry is hereby empowered to grant rights of way through State forests to individuals or corpora- tions who may apply therefor, when it shall appear to^ the department that the grant of a right of way will not so adversely affect the land as to interfere' with its usual and orderly administration, and when it shall appear that the interests of the Commonwealth 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. GAME, FISH AND FORESTRY LAWS. 325 SECTIONS OF THE. SCHOOL CODE RELATING TO FORESTS AND FORESTRY, AS AMENDED 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 reserva- tions, now or hereafter acquired by this Common- wealth, together with all water-powers and water- rights belonging to this Commonwealth in the streams, rivers, lakes, or other waters of this Com- monwealth, and all real estate owned by this Common- wealth which is not used for State or other public purposes, all escheated estates in this Commonwealth, 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 consti- tute a fund, to be known and designated as "The State School Fund of Pennsylvania," which is to be maintained as herein provided: Provided, however. That the forest reservations shall continue to be wholly under the control of the State Forest Reser- vation Commission, as now provided by law. Section 2702. All real and personal property be- longing to the State school fund shall be wholly under the control and management of the State Board of Education. All receipts derived in any way from, or on account of, the State forest reservations, or from, or on account of, any real or personal property belonging to the State school fund, and all other moneys accruing to said fund, shall always be promptly 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 depositories for the use of the same. All income derived from any investments of the State school fund shall be paid to the State Treasurer, and kept de- posited as herein provided in a separate account, sub- ject to the order of the State Board of Education. The State Treasurer and his bondsmen shall be re- sponsible for the safe-keeping of, and accounting for, state school fund. How consti- tuted. Control and manage- ment. Separate account. Income. 326 GAME, FISH AND FORESTRY LAWS. said funds, in the same manner and under the same penalties as for the safe-keeping of, and accounting for, the other funds of this Commonwealth. Approved — The 4th day of June, A. D. 1915. MARTIN G. BRUMBAUGH GAME, FISH AND FORESTRY LAWS. 327 RULES FOR THE GOVERNMENT OF THE STATE FORESTS. 1. The people of Pennsylvania are invited to avail themselves freely of the use of the State Forests as outing grounds for general recreation and educational purposes, subject to these rules and the statutes of the Commonwealth . 2. Living trees must not be cut down or injured. 3. Springs or streams must not be contaminated. 4. Birds' nests must not be destroyed or molested. 5. Lighted matches, cigars, cigarettes, or hot ashes from pipes must not be thrown upon the ground. 6. The grazing of horses, cattle, sheep, and hogs within State Forests is prohibited, except by special permission. 7. Placing of advertisements within State Forests is prohibited. 8. No poison shall be set in a State Forest within one mile of any human habitation ; and when set shall be indicated by a con- spicuous warning notice that may easily be read by persons ap- proaching the locality. 9. All persons who desire to enjoy the privileges of a State Forest, remaining for a time less than a day, and not over night, are not regarded as campers and will not be required to procure camping permits, but will be governed in all other respects by these rules. 10. All persons who desire to camp within a State Forest must first apply to the Commissioner of Forestry. A form of applica- tion will be forwarded to the applicant, who must sign and re- turn it. If in proper form, in the absence of other objections, a permit will be granted. 11. No person will be permitted to erect a camp v/ho has not promised in writing to obey the camping rules and has not received a camping permit. Every camping party, before selceting a camp site or pitching a camp, must report to a forest officer. 12. No camp may be erected within one-half mile of any game refuge, nor within one-eighth of a mile of another camp. 13. No camping party shall consist of more than 10 persons at one time. Permits will be granted for a period of three weeks only. 14. Open camp fires must not be made, except in a hole or pit encircled by the earth taken out. All other fires are prohibited except those contained in a proper and safe fire holding receptacle. 15. Open camp fires must be extinguished before the last mem- ber of the party leaves the locality. All fires must be carefully guarded at night. 328 GAME, FISH AND FORESTRY LAWS. 16. Dead and down timber may be used for camp fires, and may be procured under the direction of a forest oflBicer. 17. Every person receiving a camping permit is required to re- port to the Commissioner of Forestry any violation of law or of the rules for the government of State Forests, coming under his observation, 18. Permanent camps may be established only in accordance with the law permitting them and the special rules adopted by the Department for their regulation and control. 19. Persons who violate the law or these rules may be denied future privileges within the State Forests. 20. Forest ofiicers are required to remove immediately from State Forests all persons who violate the law or these rules. 21. Forest officers, without first procuring a warrant, are vested by law with power to arrest on view all persons detected by them in the act of trespassing upon forest or timber lands within the Commonwealth, under such circumstances as to war- rant the reasonable suspicion that such persons have committed, are committing, or are about to commit an offense against the laws now enacted or hereafter to be enacted for the protection of forests and timber lands. They are likewise vested with similar powers of arrest in case of a violation of these rules. Adopted March 5, 1915. COMMISSIONER OF FORESTRY. GAME, FISH AND FORESTRY LAWS. 329 RULES FOR THE GOVERNMENT OF PERMANENT CAMP LEASEHOLDS. 1. The tract leased shall not be used by the lessee to conduct a business of any character, nor for the sale of commodities, ex- cept where the Department shall deem such business necessary for the convenience and accommodation of the community and then only after the making of a proper application to the De- partment for special permission to conduct the same, provided the Department approve the application and direct that the lessee may conduct such business. 2. The lessee shall devote the tract leased to the primary pur- pose described in the Act of Assembly, and shall not use the same nor permit any other person to use the same or to devote such tract to a use which may bring discredit and unfavorable public criticism upon the Department. Of the propriety of use the De- partment is hereby made the sole judge. 3. The lessee must prevent the pollution of springs and streams which may be upon the leased tract or nearby within the State Forest, or on private land, and must keep and maintain the leased area in a sanitary and sightly condition and comply with all the health inspection laws of the Commonwealth of Pennsylvania. 4. The lessee and all other persons who may be entitled to par- ticipate in the use of said tract or may be invited as guests to participate with the lessee in the use of the premises, must respect and obey all laws now made or which hereafter may be made re- lating to forest, fish, and game. The careless use of fire upon said tract or in any buildings which may be thereon erected, and the wanton discharge of fire arms therein or thereon, are pro- hibited. Fire must not be permitted to run from the leased area out into the forest,, and all chimneys on any buildings which may be erected thereon shall be so constructed as to minimize the danger of forest fires from sparks issuing therefrom . The building of bonfires is forbidden. The use of fire works and the sending up of rockets and fire or toy balloons is prohibited. Burning matches or hot ashes from^ pipes must not be thrown about in a careless manner or among inflammable material. 5. The right of ingress to and egress from the leased area and the privilege to enter thereon at all times and as often as may be desirable on the part of the lessee or by those authorized by him, for all proper purposes, is hereby assured to the lessee. 6. The gathering of flowers from the wild herbaceous plants of the woods to be used for ordinary decorative purposes is not objectionable, but should be exercised by the lessee and those 330 GAME, FISH AND FORESTRY LAWS. occupying the premises with him in such moderation that wild plants may not become extinct in the neighborhood.' The destruc- tion of growing trees or ornamental shrubbery or any injury there- to is prohibited, except the same be done with the permission of the Department. 7. The Department reserves the right to fix the location of any building which the lessee may desire to erect upon the leased area, and to determine the minimum value of such building. All plans and specifications for the erection of buildings shall, at the call of the Department, be submitted for criticism and inspection and be accompanied by a certificate of the architect or builder, as to the minimum cost of such building. 8. Should the lessee desire simply to erect tents and tent floors instead of building a more permanent kind of structure, the same shall be deemed to come within the purview of the act and within the authority granted by this lease. * 9. Every lessee shall have the privilege of using, at an agreed price, dead and down wood from the nearby State Forest, which wood is to be used by him only for fire and fuel purposes, and to be procured by him only after permission has been given by an ofiicer of the Department. 10. whenever violations of the laws of the Commonwealth or of the rules of the Department relating to the use of the State Forests shall come to the notice of the lessee, he hereby agrees to give information of the same to the Department. The lessee likewise agrees to abide by all the rules now made for the govern- ment of the State Forests or which may be adopted in the fu- ture. 11. The lessee may make application for a renewal of this lease by filing with the Department an application in writing three (3) months prior to the expiration of the term for which it is granted ; but the Department will exercise its discretion whether or not the lease shall be renewed; and if renewed, whether on the same or upon different terms; and if in the judgment of the Department it be deemed necessary or expedient that a renewal of the lease be refused nothing herein contained shall be construed to limit the right of the Department so to do. No assignment of this lease, nor subletting of premises, shall be made by the lessee to any third person, except the same shall first be approved by the Depart- ment. 12. Should the lessee violate any of the conditions contained in this lease or any of the general laws of the Commonwealth or the rules of the Department for the government of the State Forest, the Department may upon proper proof thereof rescind and vacate this lease and require the lessee to remove at once from the leased land ; and all buildings or other structures thereon erected by the GAME, FISH AND FORESTRY LAWS. 331 lessee shall become the property of the Commonwealth if the lessee shall not within a reasonable time, to be fixed by the Department, remove the same therefrom ; but in every such case the Department will receive the application of the lessee or of third persons for the approval of an assignment of the lease to a third person for the remainder of the term and of the sale of any buildings on the leased area by the lessee to the intended assignee of the lease. 13. For the sake of the protection of the State Forest as well as for the protection of any buildings which may be erected upon the leased land, the lessee is required to assist in the extinguish- ing of all forest fires which may originate within a reasonable distance of the leased land, and to use all reasonable means to discover where and how the fire originated and report such dis- coveries to the Department, provided, however, that at the time of the fire the lessee be present occupying the leased premises. 14. The Department reserves the right to inspect the leased premises at all times, in order to determine whether this lease is being fully complied with. 15. The forester representing the Department on the reserve wherein the leased premises are situate, shall be supplied with a duplicate key to every cottage or other building erected on the leased land, as aforesaid, in order that in the absence of the lessee or his family and guests the premises may be inspected from time to time to see that they remain in good order and condition ; and should the forester or any of his employes at any time be overtaken by storm or other cause making it necessary that they be afforded shelter while on that part of the reserve wherein the leased premises are situate, the privilege to use said cottage or other building erected thereon for such emergency purposes is reserved to the Depatment ; it being understood and agreed that such use will be temporary and will be exercised only in case of emergency, and of which the forester shall be the sole judge. 16. Under the direction of the Department the lessee may at his own expense repair old roads or construct new ones to the site of the leased premises so' as to make the locality more accessible. He may likewise at Ms own expense and under the same direction erect telephone lines to connect his cottage or other buildings with other lines in the neighborhood, and for this purpose the Depart- ment will furnish the necessary poles provided they may be con- veniently had in the locality where the line is to be built ; but the cutting, removal, and planting of the same and the stringing of the wires thereon must be done by the lessee and at his own expense. The Department shall have the use of all such telephones on the leased premises and without charge, except in case of a toll or a long distance call. 332 GAME, FISH AND FOKESTKY LAWS. 17. The hitching of horses to trees on the leased area is pre hibited. For hitching purposes the lessee is requested to plai proper posts or otherwise provide for this need. 18. Under the direction of the Department it will be the dut of the lessee to clear the leased premises of decayed wood, briars weeds, or other growth of worthless stuff, and of such trees as ai not required for "nurse" trees, and to keep the premises in a coi dition to prevent, so far as possible, any spread of or invasion b| fire. 19. The Department being desirous of promoting the use of the' State Forests for general recreation and outing purposes, it will at all times be open to receive suggestions from the lessee with respect to such use of the lands, and will from time to time tender to the lessee and his family and guests such other assistance not herein specifically enumerated as will be proper for the Depart- ment to render, in order to promote the purposes for which the Act of Assembly was enacted, as well as the comfort and con- venience of the lessee. GAME, FISH AND FORESTRY LAWS. 33c SUGGESTIONS FOR ORGANIZATION OF GAME, FISH, AND FORESTRY ASSOCIATIONS. CONSTITUTION. Article I. The name of this association shall be Article II. , Any reputable, law-abiding person shall be eligible to member- ship herein who shall be, etc. Article III. The officers of this association shall consist of a President, a Vice President, a Secretary, and a Treasurer who together with five other members of this Association, to be elected by the asso- ciation, shall compose the Executive Committee during the year of their election. Article IV. The Executive Committee shaU have full charge of the business of this association, shall receive and investigate all complaints coming to them of violations of the forestry, the game, or the fish laws, and at once prosecute or, through the Secretary, notify the Commissioner of Forestry, the Commissioner of Fisheries, or the Secretary of the Game Commission at Harrisburg, as the case may be. Article V. Five of this Committee shall constitute a quorum for the trans- action of business and shall meet at least once a months Article VI. This association shall hold two regular meetings, to be held on the day of and the day of and such other special meetings as may be called by the Presi- dent or a majority of the Executive Committee. 334 GAME, FISH AND FORESTRY LAWS. Article VII. This orgauizatiou is formed for the protection and preservation of our forests, the protection of game, of song and insectivorus birds, and of fish; for aiding in the enforcement of the laws of this Commonwealth governing the same, and to unite the efforts and influence of all law-abiding citizens within the State ; and in securing such future legislation upon these subjects, as may be considered best suited to advance the interests of the people of the Commonwealth. With this object in view we hereby pledge ourselves not only to obey the laws of the Commonwealth pertaining to these subjects, but to use our influence to have others obey them. We agree to report to the Secretary of this organization the name of any in- dividual who may to our knowledge violate these laws, or any of them, and if need be to testify against such person t(» s ( ure his conviction . GAME, FISH AND FORESTRY LAWS. 335 FACTS RELATING TO PENNSYLVANIA STATE FORESTS Because of the value of forests to the Gom:u on wealth, the State authorized the purchase of mountain lands in 1897, for the estab- lishment of State Forests. The area of State Forests to date is 1,003,114 acres, located in the following 26 counties: Adams, Bedford, Cameron, Centre, Clearfield, Clinton, Cumberland, Dauphin, Elk, Franklin, Ful- ton, Huntingdon, Juniata, Lackawanna, Lycoming, Mifflin, Mon- roe, Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, West- moreland, and Wyoming. The cost of this vast domain is $2,284,587.90, or an average of $2.27 per acre. The State Forest Academy was established in 1903, to train young men in practical forestry, to care for the State Forests. Seventy-four foresters have been graduated from this institution. The Department of Forestry now employs 64 foresters and 90 rangers. Over 3,000 miles of roads and trails have been built, opened, or repaired. Over one hundred miles of telephone lines have been built. Fire observation towers have been constructed. Improvement cuttings are being made. Four large forest tree nurseries and 14 small ones have been started . Forest tree seedlings are being raised and distributed to indi- viduals for reforestation purposes free of cost. Over 16,600,000 forest tree seedlings have been planted on more than 8,500 acres, on the State Forests. Mineral deposits are being developed. The sale of material from the State Forests has yielded over $95,500, which has been set aside for "The State School Fund of Pennsylvania." All future receipts from State Forests will be placed in the School Fund. 33G GAME, FISH AND FORESTRY LAWS. The Forests are now beiiag used as sanatoria. Game Refuges are being established upon various State Forests. Campers, hunters, and fishermen are invited upon State land. Camp sites may be leased for a period of ten years. State Forests afford employment where work is scarce. A demand for the raw products of State Forests is being de- veloped and partially met. Cities and towns are supplied with pure water from these pro- tected forests. The flow and purity of streams which head within theai, are regulated and conserved. Road districts and school districts receive in lieu of tax'es t./o cents per acre for State land situate within them. The total cost of State forestry work, excluding land purchases, amounts to about $2.00 per acre for the area now owned. The State Forests represent an asset of at least $6,000,000, and their benefits will multiply in geometrical ratio as the legislature permits a business-like development. June 1, 1915. .j mmi TO FORESTRY LAWS A. Page. Acts, certain, prohibited in forest or timber land, 257, 283, 293, 297,322 Academy, Forest, 2^5 Advertisement by county commissioners, 209 Annual charge on land for school purposes, 276.293,325 Annual charge on land under auxiliary forestry reserve act, 3C'3, 306, 32.5 Appeal 2S5, 291,305 Application for permit to camp, 327 Appalachian Reserve, may be established in Pennsylvania, 296 ' Appointment of Commissioner of Forestry 265 Appointment of forest v^^ar dens, 316 Appointment of fire officers, 315 ^ppo' 'itment of detectives, 237, 269 Appraisers, 2S9. 305 Arrest, 272, 29S , 320, 321, 318 Arrest, warrant for, 272 Arrest, without warrant, 263,272,318,323 Associations, suggestions on, 333 Assessment and taxation under Forestry Keserve Act, 308 Assessors, duties of, 259 Assistance in extinguishing fire, compelling, 318 Attorneys may be employed , 267, 2f70 Auditor General, certain duties of, 264,324 Auxiliary • forest reserve, 303,306 B. Bond, State Forestry Commissioner, 269 Boundary trees, removal of 258 Borough officers, powers of, 270,278 Boroughs, right to impound water, Z77 Boroughs, right to establish forests 270,287 Bureau of Forest Protection, ., 312 Bureau of Forest Protection, powers and duties of 313 C. Camp on State lands, rules, 327 Cattle, pasturing of, rules, 327 City forests may be established 286 Commission, State Forestry Reservation, 2r74 Commissioners, county, certain duties of, 260,264,270,301,308 Commissioners of Forestry, appointment of, 265 Commonwealth authorized to purchase lands for taxes, 260 Compensation of fire wardens, 315.316 Compulsory Assistance in extinguishing fire 318 (337) 22 338 INDEX. Page. Condemnation by United States 296 Constables, powers and duties of, 263 Convictions before court 25.8,294, 298, 2.99', 320, §21 Convictions before justice, 271, 285 Co-operative agreements for preventing fire, 323 County Commissioners, duties of, 260, 264, 270, 301,338 County commissioners to offer lands to department, 308 County treasurer, duties of 260 County may forfeit State aid, 269 Cutting or mutilating grovping timber, 294,297,29S Cutting timber trees by tenants in common 258 Cutting of timber under Forest Reserve Act SBS Cutting of timber under Auxiliary Forest Reserve Act, 302,304 Damages double and treble, 298 Damage to trees by electric light or telephone comjianies 26.9 Damage by cutting or injuring timber without owner's consent, . .293,294,297,228 Debris must be removed from oil or gas well lands, 282,283 Defacing signs or posters on State lands 294 Department of Forestry, 263, 267, 269, SOT Detectives may be appointed by Department of Forestry 265,267,2iS9 Detectives shall be appointed by county commissioners, 264 District fire wardens, 315 District Foresters 30(s Electric light companies, liability of, for damage to trees, 259 Employes of the Commissioner of Forestry, powers on State lands, — 272 Ex-officio fire wardens ' 317 Bstrepment, writ of, ^8 Examination of lands under auxiliary forestry reserve act 301 Expenses of extinguishing fires, how paid, 319 Failure to care for trees under auxiliary reserve act, 301 Fines 264, 380, 283, 294, 298, 299 , 320, 321. 322 Fire starting on one's own land, or land of another, 293 Fire not to be lighted on woodlands or marshes 293 Fire not to be kindled on forest reserves, 294 Fire warden, chief forest 313 Fire warden, ex-ofliclo 217 Fire warden, duties and powers of, 313, 314 Firewarden, penalties for failing in duty 320 Fires, extinguishment of 281,283,293,313,315,316,317,319,323 Fires, co-operative agreements respecting 323 Firing the woods, penalties for ...293,297 Floods 262 Foresters, district, 308 Forestry Reservation Commission, 274 Forests, municipal, may be established, 286 Forest offiers, duties of .267,2f72, 273, 275, 308, 309',313, 314, 315,316 Forest reserve, exempt from taxation, 268 INDEX. 339 Page. Forest reserve, fixed charges on, 276,293,306,325 Forest reserve, right of way through, 324 Forest reserve, waters on, 277 Forest officers, duties extended, 323 Forest protection code 312 Forest academy, 275 Fruit trees along roadside, 297 G. Gas well lands, preventing fire on, 281 Governor, duties of, in certain cases 99,265,269 Harvesting of timber under Auxiliary Forest Reserve Act 304 Harvesting timber under general forest act 266 Highways bordering on or within reserves, 269,274 Highways, trees along, protection of 271.2&7 Hindering a forest officer, 321 Injury to or mutilation of tree?, 271.294,297,298 Intentional firing of forests, 294,298 Jurisdiction of constables, 263 Justice of the peace, 252 Kindling fires on State reserves, Kindling fires on one's own land, or on lands of another, l^and, power of Forestry Commission to purchase , 265 Land , county commissioners to offer 308 Land to be under control of Department of Forestry, 262 Land of the State exempt from taxation, 268 Land liable to fixed charge, .' 276,292,306,325 Land, title to vacant 290 Land in forest reserves under charge of Commissioner of Forestry, 267 Land, not subject to warrant or survey 268 Land, purchase price enlarged, 312 Landmarks 258 Lease of mineral rights in reserves, 266 Leases, permanent camping 299 Liability, personal, of fire warden to pay costs of extinguishing fires, . . 319 Lien under Auxiliary Forestry Reserve Act, 304. 306 340 INDEX. M. Page. Magistrate, duties of 282 Marketing of timber under Forestry Eeserve Act, 266 Maximum price to be paid for land 312 Minerals on State land, 266 Minerals under Auxiliary Forestry Reserve Act 303 Misdemeanor, 25S, '285, 294, 29S, 299, 320, 331 Municipal forests may be established 286 Municipalities, right to impound water 277 Mutilation of growing timber 263,271,278,383,295,328 Mutilation of posters or signs 294 N. National forest reserve, 295 Navigable rivers, warrants for beds of, 29'1 Notice, trespass. (See Index to Game Laws), 23,25 Notice to State Forestry Eeserve Commission, to classify lands, 290 Office of the Commissioner of Forestry 267 Officers refusing or neglecting to do their duty, 320 Oil well lands, precautions to prevent fire on 2S1 Organization, suggestions for game, fish and forostry, 333 Owners in common, rights of 258 Owners, no compensation for, extinguishing fire on own lands, 319 Owners, rights of , under Auxiliary Forestry Reserve Act, 300,302 P. Pasturing of cattle, 327 Penalty for refusing assistance in extinguishing fire, 320 Permanent leases for camping, 299 Permit to camp, 327 Persons assisting In extinguishing fire shall be paid, 319,320 Pipe line. (See Rights of Way), Powers of the Commissioner of Forestry, 265,266,267 Powers of forest officers, 273,313,314,315,316,317,318 President of Forestry Commission 267 Protection of the State Forest Reserves 293,313,318 Protection of trees and woodlands 397 Public roads in or along forest reserves, 283 Purchase of land by the Commonwealth, 260,308,312 Purchase of land, money for, how paid, 274 R. Railroad companies, duties of respecting fire, 283 Record to be kept of lands purchased by the Commissioner of Forestry, 262 Redemption of land 262 Refusing, officers, to do their duty, 320 Removing or destroying land marks 258 Replanting 302 Reserve, fixed charges on 276,292,306,325 INDEX. 341 Page. Revenue for school and road purposes, , 276,292 Rights of way through State lands, 324 Rights of owners under Auxiliary Forestry Reserve Act, 300,302 Rivers, navigable, warrant for beds of, 291 Roads in township where forestry reserves are located, 276 Roads on forest reserves, 268 Rules of Forestry Commission, power to make, 265 Rules for government of State Forests, 273 327 Rules, punishment for violating, 294 S. Sale of lands under Auxiliary Forestry Reserve Act 303 Schools, fixed charges for 275,292 Schools, tax for, under Auxiliary Forestry Reserve Act 306 School of Forestry, 275 Seedling trees, growth and and distribution of, 293, 310 Setting fire to woodlands 293,297 Shade trees, planting of, by boroughs, cities and townships, 277 Shade trees along roadsides, 297 Shade Tree Commission, 217 Spark arresters, engines to be provided with 283 State Forest Academy, 275 State forest lands, public roads on, 268 State forest lands subject to fixed charge, 276,292,306,325 State forest lands not subject to taxation, 26S State school fund 325 State Treasurer, duties of, 264 Street railways on forest reserves, 273,283,323 Suggestions for organization, 333 Tax under Forestry Reserve Act 303 Telegraph or telephone companies, liability of 259 Tearing or mutilating posters or signs on State lands 294 Tenants in common, rights of, 258 Timber cutting without owner's consent, 294,297,298 Timber land to be returned separately for assessment, .• 259 Timber cutting title to, not to pass under certain conditions 238,298 Timber from State reserves may be sold by Commission, 266 Timber, under Auxiliary Reserve Act., 302 Title of land to vest in Commonwealth 262,268 Title to vacant land, 290 Township forests may be established, 287 Town ofl3cials, duties in certain cases 270 Tree seedlings, growth and distribution of 310 Trees, damage of 271,294,297,298 Trees, boroughs may require planting of, 271 Trees growing along roadside 277,2183 Trees, malicious removal or destruction of, 271.294,297,298 Trees, planting along roadside 270,277,283,297 Trees, planting of, by Shade Tree Commission, 277 Trees and woodlands, protection of 297 342 INDEX. u. Page. United States may establish reserves in Pennsylvania, 295 Unseated land 260 Vacant land, title to 288 Viewers to appraise vacant land , 288 Viewers to appraise damage, ."■ 260 W. Wanton or wilful starting of forest fires 293,297 Wardens, fire, duties and powers of, 313,315,316,317,318 Wardens or forest officers, duties and powers of 313,315,316,317,318 Warrants of arrest, £72,298,320,321,318 Warrants for trespass. (See Index to Game Laws) 23,25 Wilful or careless destruction or mutilation of trees and timber 294,297,288 Writ, of estrepement, how obtained, 258 Woods, woodlands or marshes, wilful setting fire to, 293,297 Woodlands, protection of, 297 '•%, *4 % Forest Fires in Pennsylvania MUST BE Stopped if you desire GAME, FISH, and FOR- ESTS for the future See Page 254 LIBRARY OF CONGRESS 002 898 646 4 *