LIBRARY OF CONGRESS. m. UNITED STATES OF AMERICA. iM. THE GAME LAW S OF THE State of New York, Revised to July, 1885. ("'. OEPA J'/ WASt-* PUBLISHED UNDER THE AUSPICES OF The .\nglers' Association of St. Lawrence River. COMI'lLED KY ITS COUNSEL, FRANKLINM. DANAHER, Albany, N. Y. /ji^^^^/ a NEW YORK: THE AMERICAN ANGLER No. 252 Broadway. 1885. ^Xa?^ COPYRIGHTED THE ARGUS COMPANY, PRINTERS AND ELECTKOTYl'ERS, ALBANY, N. Y. Officers and Members OF The ANGLERS' Association of the St. Lawrence River. Incorporated February 27, 1884. O F KIC ERS. Pkesident: JOHN J. FLANAGAN, Utica, N. Y. Vice-President : H. R. CLARKE, Jersey City, N. J. Second Vice-President : G. M. SKINNER, Clayton, N. Y. Secretary : W. W. BYINGTON, Albany, N. Y. Treasurer : WILLIAM STORY, Albany, N. Y. Counsel : F. M. DANAHER, Albany, N. Y. E >L E C U X I \' K J. H. Quinby, Chairman, Albany, N. Y. Myron P. Bush, Buflfah^, N. Y. H. H. Warner. Rochester, N. Y. Theo. Butterfield, Utica, N. Y. Cliarles H. Ballou, Utica, N. Y. J. H. Brovvnlovv, Ogdensburg, N. Y. H. S. Chandler, New York city. COMNIITTEE. A. R. L. Norton, New York city. H. E. Morse, Clayton, N. Y. William B. Wise, Paris, Texas. W. B. Phelps, Oswego, N. Y. W. G. Deshler, Columbus, Ohio. W. H.Thompson, Alexandria Bay, N.Y. Fred. E. Comstock, Rome, N. Y. HONORAHY Tvl E NI B E R S . Hon. Grover Cleveland. A. N. Cheney, Glens Falls, N. Y. Dr. J. A. Hensliall, Cynthiana, Ky. H. E. Morse, Clayton, N. Y, Commissioners op Fisheries, ex-opficio. R. U. Sherman, New Hartford. N. Y. Edwin M. Smith, Rochester, N. Y. Eugene G. Blackford, New York city. R. B. Roosevelt, New York city. Setb Green. Supt., Rochester, N. Y. Fred. Mather, Supt. , Cold Spring, N. Y. Officers and Members of the E. Anthony, New York city. H. C. Albright, Utica, N. Y. J. 0. Alguire, Cornwall, Ont. F. E. Armstrong, Rome, N. Y. "W. W. Byington, Albany, N. Y. M. P. Bush, Buffalo, N. Y. John W. Bush. Buffalo, N. Y. Charles H. Ballou, Utica, N. Y. Theo. Butterfield, Utica, N. Y. J. H. Brownlow, Ogdensburg, N. Y. D. C. Bennett, Albany, N. Y. Franklin Brandeth, Sing Sing, N. Y. A. D. Barber, Utica, N. Y. P. B. Brayton, Syracuse, N. Y. .1. N. Babcock, Syracuse, N. Y. Gilbert Bradford, Watertown. N. Y. F. L. Bones, Cartilage, N. Y. Wm. M. Buell, Wellesley House, T. I. P. H. R. Clarke, Jersey City, N. J. H. S. Chandler. New York city. C. Crossman, Alexandria Bay, N. Y. C. W. Crossman, Alexandria Bay, N. Y. F. E. Comstock, Rome, N. Y. William P. Carpenter, Ulica, N. Y. S. L. Comstock, Syracuse, N. Y. A. C. Cornwall, Alexandria Bay, N. Y. William J. Cassard, New York city. J. Ballard Carroll, Albany, N. Y. F. E. Carroll. Syracuse, N. Y. A. E. Clark, Chicago, 111. F. M. Danaher, Albany, N. Y. L. G. Dodge, Poughkeepsie, N. Y. G. de Cordova, New York city. W. G. Deshler, Columbus, Ohio. J. Henry Danziger, Syracuse, N. Y. H. E. De Rivas, New York city. F. D. Divine, Utica, N. Y. Royal E. Deaue, New York city. Henry Desyaw, Alexandria Bay, N. Y. Adrien C. d'Henzel, Hartford, Conn. Charles G. Emery, New York city. James Eaton, Utica, N. Y. Charles A. Ellis, Clayton, N. Y. William P. Esterbrook, New York city. Samuel Ehrich, New York city. L. Edgerly, Alexandria Bay, N. Y. J. J. Flanagan, Utica, N. Y. BKRS. ' William Frisbie, New York citj^ W". J. Florence, New York city. E. C. Fitzsimons, Albany, N. Y. John Foley, Clayton, N. Y. Roswell P. Flower, New Yoik city. Walter Fox, Alexandria Bay, N. Y. J. S. Farlee, New York city. Charles C. Gay, Albany, N. Y. Eugene H. Gross, Albany, N. Y. ■J. C. Greenman, Utica, N. Y. T. W. GrifHth, Newark, N. J. Charles C. Goffe, New York city. Fred. G. Gedney, New York city. Charles K. Grannis, Utica, N. Y A. A. Gaddis, Ogdensburg, N. Y. James T. Hubbard, Clayton, N. Y. John L. Ilasbrouck, New York city. P. W. Hasbrouck, New York city. George S. Hasbrouck, New York city. John B. Hamilton, New York city. L. D. Hoard, Ogdensburg, N. \ . William C. Harris, New York city. C. I. Hudson, New York city. H. O. Hall, Rochester, N. Y. W. Halberton, New York city. Patrick C. Hayes, Clayton, N. Y. D. H. Hotchkiss, Syracuse, N. Y. A. Hinckle, Albany, N. Y. G. R. Hanford, Watertown, N. Y. George Hall, Ogdensburg, N. Y. Charles T. Howe, Chicago, 111. Henry R. Heath, Brooklyn, N. Y. Nathaniel W. Hunt, Brooklyn, N. Y. E. K. Hart, Albion, N. Y M. B. Hill, Clayton, N. Y. Wm. B. Hayden, Columbus, Ohio. Charles F. Imbrie, New York city. S. D. Johnston, Clayton, N. Y. John T. Johnson, Albany, N. Y. Thomas Jeffers, Albany, N. Y. Beverley Jones, Brockville, Ont. Edward King, New York city. Fred. Kamp, Utica, N. Y. E. Keator, Cortland, N. Y. W. J. Lewis, Pittsburg, Pa. William G. Lloyd, Milieu's Bay, N. Y. Conrad Loos, Syracuse, N. Y. Anglers' Association of St. Lawrence River. F. L. Mix. Albany, N. Y. Arthur L. Merriman, New York city. Robert Micldleton, Utica, N. Y. E. A. Myers, Pittsburg, Pa. A. N. Martin, New Yorlc city. John B. McHarg, Rome, N. Y. George R. Meneely, Albany, N. Y. George A. May, Booneville, N. Y. T. B. Mills, New York city. Benjamin INIoore, Sing Sing, N. Y. R. G. McCord, New York city. A. R. L. Norton, New York city. George W. Nicholas, New York city. D. W. Northrup, Utica, N. Y. W. T. Niswanger, Clayton, N. Y. Meyer Nussbaum, Albany, N. Y . W. S. Neilson, New York city. T. O' Byrne, Albany, N. Y. Thomas R. Proctor, Utica, N. Y. Merritt Peckham, Utica, N. Y. Fred. J. Pratt, Utica, N. Y. William Powe, Ansonia. Conn. E. R. Plumb, Syracuse, N. Y. Daniel Pratt, Syracuse, N. Y. Sidned Patterson, Rockport, Ont. A. J. Post, Jersey City, N. J. John H. Quinby, Albany, N. Y. J. Livingston Reese, Albany, N. Y. John H. Reed, New York cit3\ John Rice, Albany, N. Y. F. H. Rockwell, Clarendon, Pa. B. F. Reese, Albany, N. Y. H. A. Redfield, Hartford, Conn. F. G. Ringgold, Cincinnati, Ohio. William Story, Albany, N. Y. James T. Story, Albany, N. Y. R. R. Story, Albany, N. Y. G. M. Skinner, Clayton, N. Y. W. Niles Smith, Clayton, N. Y. James C. Spencer, New York city. Charles Strauss, New York city. Gen. D. B. backet, Washington, D. C. Jean R. Stebbins, Little Falls, N. Y. Wra. R. Stewart. New York city. H. E. Sickles, Albany, N. Y. E. L. Sargent, Watertown, N. Y. H. Sporborg, Albany, N. Y. Henry P. Sondheim, New York city. O. G. Staples, Washington. D. C. Theo. Scott, New York city. Joseph I. Sayles, Rome, N. Y. Solon B. Smith, New York city. Daniel Storms, Alexandria Bay, N. Y. Henry Stadler, Jersey City, N. J. Gideon Sheppard, Alexandria Bay, N.Y. R. H. Southgate. Saratoga Springs, N.Y. William P. Shepard, Utica, N. Y. Charles B. Tillinghast, Albany, N. Y. H. H. Thompson, New York city. H. O. R. Tucker, Utica, N. Y. G. W. Thorne, Clayton, N. Y. Thomas Tileston, New York ci'tj'. F. L. Upton, Boston, Mass. Irving G. Vann, Syracuse, N. Y. H. Van Wagenen, New York city. John P. Vidvard, Utica, N. Y. A. C. Van Gaasbeek, Albany, N. V. William Visger, Alexandria Bay, N. Y. Arthur D. Williams, New York cxiy. Charles T. Wing, New York city. R. S. Whitman, Little Falls, N. Y. J. F. Walton, Alexandria Bay, N. V. A. Wilkinson, Syracuse, N. Y. H. H. Warner, Rochester, N. Y. Daniel D. Wylie, New York city. A. J. Wright, Buffalo, N. Y. George H. Weagant, Cornwall, Ont. E. Stuart Williams, Rome, N. Y. Clarence E. Williams, Rome, N. Y. Ignatius Wiley, Albany, N. Y. Louis I. Waldmann, Albany, N. Y. E. B. Warren, Philadelphia, Pa. Christopher Wolfe, New York city. Otis E. Young, Elyria, Ohio. O. Young, Elyria, Ohio. 6 Officers and Members of Anglers'' Association. The State Game and Fish Protectors are also Honorary Members, ex-officio, as follows: William N. Steele Clayton, Jefferson county, Seymour C. Armstrong Weavertown, Warren county. Thomas Bradley Rockwood, Fulton county. George W. Whitaker Southampton, Suffolk county. Francis Wood Schoharie, Schoharie county. J. H. Wood, Jr King's Bridge, Westchester county. Stephen A. Roberts Buffalo, Erie county. William H. Lindley Canastota, Madison county. Aaron M. Parish Reading, Schuyler county. Nathan C. Phelps Renisen, Oneida county. Peter R. Leonard Ogdensburg, St. Lawrence coimty. John Liberty Elizabethtown, Essex county. Matthew Kennedy Hudson, Columbia county. George M. Schwartz Rochester, Monroe county. John N. Brinkerhoff Booneville, Oneida cnunty. Fred. P. Drew Washington Mills, Oneida county. NOTE. This book is simply a compilation of existing statutes on fish and game, made with intent to place in convenient form, for those interested, the latest legislative expression on these changeable and too much amended laws. Prior to 1879 there were about two hundred different laws on the subject. It seemed as if each pond in the State appealed at a different time to the Legislature for protection, and received it, until confusion was worse confounded. This was, to a great extent, remedied by the Game Code, established by the Legisla- ture in 1879, which repealed all existing laws for the protection of fish and game inconsistent with its provisions. But the trouble is beginning again, and the Legislature, by passing special laws for particular localities by separate enactment, and not by way of amendment to the General Law, will S(.)on remand the subject to its former chaotic state. Each county is authorized to enact and enforce its own laws, not inconsistent with the general laws, for the protection of fish and game within its territorial jurisdiction. These laws, if any there be, with other legislative local acts, are not within the scope of this compilation, and inquiries must be made at the county seats for them. The game laws are constitutional and enforceable. Li Phelps v. Racey (60 N. Y., 10) the Court of Appeals decided that the Legislature had full power to pass laws for the protection of game ; that fliey were not in conflict with the provisions of the State Constitution (Const., art. 1, sec. 6) declaring that no per- son shall be deprived of property, etc., without due process of law, if property in the same was acquired after the passage of the act ; nor in conflict with the Constitution of the United States (U. S. Const., art. 1, sec. 8, subd. 3) which authorizes Congress to regulate commerce among the States, and that a person can be punished for having in possession fish or game during the closed season, although killed at a time when, by the act, the killing is not prohibited, or brought into this from another State where there is no such prohibition. (See Smith v. Levinus, 8 N. Y., 473; IManger v. People, 97 111., 830, 333, 337; Taylor v. Rogers, 45 L. T. R. [N. S.], 311 ; 1 Kent Com., 439 ; Coraraonweallh v. Hall, 138 Mass., 10, contra, but see cases cited in note to same as reported in 35 Am. Hep., 387, 390.) This penalty is enforceable, no matter where or when or how innocently the party came into possession of the prohibited article. In Bellows v. Elmendorf (7 Lans., 4(i3) the defendant purchased the carcass 8 Note. and skin of a deer, -wbich had been killed in violation of the statute, at a con. stable's sale, under a judgment in his favor against the party who had killed the same, and after the purchase, on the same day, sold the carcass and skin to another person. Held, he was liable to the penalty for exposing for sale and having in his possession any green deer skin or fresh venison during the closed season, the court saying that the person who takes the property takes it subject to the penalty and the risk of being subjected to the consequences of subse- quently having the same in his possession and of exposing the same for sale ; that the plain import of the act tended to show that the Legislature intended to prevent any evasion, and to make all persons liable who had possession of or exposed such property for sale. These laws are highly penal in their character, and are as comprehensive as the nature of the evils to be remedied will permit. Societies for the protection of game are encouraged, and every inducement offered by way of rewards and a division of penalties recovered for a thorough enforcement of the statutes. Laws similar in intent have been passed in all civil- ized countries from the earliest times, not for sporting purposes alone, but on political and economic grounds, to preserve and foster a cheap and easily attain- able food furnished by nature, and they are sustainable against all attacks for that reason. (2 Blacks. Com., 411 ; 4 id., 175.) If illegal fishing and hunting still continues it is not the fault of the Legisla- ture nor of the law. There is an abundance of the latter article. For the enforcement of the game laws every person in the State is vested with special and extraordinary powers. If the laws are not executed by the proper oflicers, let the citizens organize or individually attend to the matter. They will find ample authority and protection for their legal acts, and sufficient reward in pen- alties to be recovered to compensate them for their trouble. The destruction of nets wherever found, constant vigilance and patrol of suspected waters, and a vigorous prosecution of the slightest infringement of the laws, especially among sportsmen, by way of example, will soon make the game laws respected and their enforcement a comparatively easy task. The Game Laws OF THE State ok New York The General Law, as Amended to Date. Chap. 534 of the Laws of 1879. AN ACT for the preservation of Moose, Wild Deer, Birds, Fish and other Game. Passed June 20, 187d. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. No person shall kill or chase any wild deer in any Kiiimgof part of the State, save only daring the months of August, Septeni- ''®*"'' ber, October and November in any year. No person, corporation, association or company shall sell, expose for sale, transport, or have in his or her possession, in this State, after the same has been killed, any wild deer or fresh venison, save only daring the months of August, September, October and November. No persons shall, at saieorpos- any time, in this State, kill any fawn during the time when it is dee"orvin- in its spotted coat, or have in his or her possession, tlie carcass or i^°n. skin of any such fawn after the same shall have been killed. No ^*^"8- person shall, in any part of this State, set any trap, spring gun or us>eof other device, at any artificial salt lick or other place for the purpose ppX'g .'un of trapping and killing wild deer. It shall not be lawful to pursue «>'<=• deer with dogs in any county of this State, except from tlie fifteenth day of August to the first day of November. It shall not be law- Pursuino: ful to pursue deer with dogs in the county of St. Lawrence at any ^'^ °^*' time. It shall be lawful for any person to shoot or kill any dog while in actual pursuit of any deer in violation of the provisions of this act. It shall not be lawful for any person to kill, .or cause to Deer in be killed, any wil(l deer in the counties of Suffolk and Queens, at oJifeHs.""^ any time within five years from the passage of this act. Any person offending against any of the preceding provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty ol fifty dollars for each wild Penalty. deer or lawn so killed, or pursued or trapped, and tor every spring gun so set, or wild deer or fawn skin or fresh venison had in his or 10 Tbk Game Laws of the Moose. Penalty. Crusting or yarding deer. Penalty. Wild duck, gooee or brant. Killing same be- tween sun- set and daylight. Killing same by swivel or punt gun. Penalty. Floating batteries, decoyp, etc. prohibited. her possession, and may be proceeded against therefor in any county of the State in wliich the offender or prosecutor may reside.* § 2. No person shall at any time or place within this State, take, chase with dogs, or kill any moose, nor shall any person sell or expose for sale or have in his or her possession, any moose after the same has been so taken or killed. Any person violating this section shall be deemed guilty of a misdemeanor, and in addition thereto siiall be liable to a penalty of fifty dollars for each offense. § 3. No person shall kill wild deer by crusting, or enter any place where wild deer are yarded with the intent to kill or destroy the same at any time. Any person offending against any of the provisions of this section shall be deemed guiltv of a misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer so killed or destroyed. § 4. No person shall kill, or expose for sale, or have in his or her possession, after the same has been killed, any wild duck, goose or brant in any of the waters of this State, between the first day of May and the first day of September, except that in the waters of Long Island none of said birds shall be killed between the first day of May and the first day of October. Any person violating any of the provisions of this section shall be deemed guilty of a misde- meanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each and every wild duck, goose or brant killed, or had in his possession ; and any person who shall, at any time kill any of said birds between sun-set and day-light or pursue or fire at any of said birds with the aid of any light or lantern, shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each offense against this provision. And any person found between sunset and sunrise on the water with a gun and lantern in the act of attempting to pursue, fire at, or kill any such birds, shall be deemed guilty of a violation of this section. § 5. No person shall, at any time, kill any wild duck, goose or brant, with any device or instrument known as a swivel or punt gun, or with any gun other than such guns as are habitually raised at arm's length and tired from the shoulder, or use any net, device or instrument, or gun other than aforesaid, with the intent to capture or kill any such birds. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars. § 6. No person shall use any floating battery, machine or other device, whereby the gunner is concealed, for the purpose of killing any wild fowl, or shoot out of any such floating battery, machine or device, at any wild goose, brant or duck, in any of the waters- of this State, or use any decoy or construct any bow-house, at a greater distance than twenty rods from the shore, for the purpose of shooting at or killing any such birds. Any person violating any of the * Amended by chapter 557, Laws 1885, page 44. State of New York. 11 provisions of this section shall be deemed guilty of a misdemeanor, p^^^^y and in addition thereto shall be liable to a penalty of fifty dollars for each offense. But nothing in this section shall apply to the Exceptions. waters of the Great South bay, west of Smith's point, or the waters of Peconic bay, or Shinnecock bay, or Lake Ontario, or the river St. Lawrence, or the Hudson river below Albany. § 7. No person shall sail for any wild fowl, or shoot at any wild ^'^i^>"|jf°'g^ goose, brant or duck from any vessel propelled by steam or sails or duck or from any other structure attached to the same, in any of the waters Exc'eptions. of this State, except Long Island Sound, Lake Ontario, and the Hudson river below Nyack. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition shall be liable to a penalty of ten dollars. § 8. No person shall kill, expose for sale, or have in possession Quail, after the same has been killed, any quail, between the first day of January and the first day of November, except as hereinafter pro- vided ; no person shall kill, or expose for sale, or have in possession Hare or after the same has been killed, any hare or rabbit, between the ^"^^'^■ first day of February and the first day of November, nor at any time, kill or hunt any hare or rabbit with ferrets. This shall not owners of prevent the owners or occupants of nurseries or orchards, in any and of the counties of this State, from trapping or hunting hares or »»''«'e"«8- rabbits, with ferrets or otherwise, within the limits of said nur- series or orchards, or any forest or field adjoining such nurseries or orchards, and the possession of any hare or rabbit may be excused by any person proving the same to have been caught or killed within the limits aforesaid. No person shall kill any quail in the counties of Montgomery, Schenectady, Saratoga or Albany, within two years from the passage of this act. Any person vio- Penalty, lating either of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto, shall be liable for any violation of the first provision to a penalty of twenty-five dollars for each quail, hare or rabbit so killed, exposed for sale, or had in possession. (As amended by chap. 584, Laws 1880.) § 9. No person shall kill or expose for sale, or have in his or her woodcock, possession after the same has been killed, any woodcock, between the first day of January and the first day of September, in the counties of Oneida and Delaware, and in other parts of the State, between the first day of January and the first day of August in each year, except as hereinafter provided. It shall not be lawful B^ackand for any person to kill or expose for sale, or to have in his or her squirrels, possession after the same has been killed, any black or grey squirrel, between the first day of February and the first day of August in each year. Any person violating either of the provisions of this penalty, section shall be deemed guilty of a misdemeanor, and in addition thereto, shall be liable to a penalty of twenty-five dollars for each bird or animal so killed or had in possession. (As amended by chap. 269, Laws 1884.) 12 Ihe Game Laws of the Partridge. Prairie chicken. Penalty. Netting, etc., of grouse. Quail.1 Selling same. Penalty. Nets may be destroyed. Eagles, song birds, etc. Penalty. Robins, larks and starlings. Penally. Exceptions. Wild birds, robbing nests of. Penalty. Trespass- § 10. No person shall kill or expose for sale, or have in his or her possession, after the same has been killed, any riifFed grouse, commonly called partridge; or pinnated grouse, commonly called prairie chicken, between the first day of January and tlie first day of September, except as hereinafter provided. Any person violat- ing any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird so killed or had in possession. § 11. No person shall, at any time or place within this State take or kill any ruffed grouse, commonly called partridge, or any pinnated grouse, commonly called prairie chicken, or any spruce grouse, commonl}' called Canada partridge, or any quail, with any net, trap or snare or set any such net, trap or snare for the purpose of taking or killing any such birds; nor shall any person willfully sell or expose for sale, or have in his or her possession any of the said birds after the same shall have been so taken or killed. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of ten dollars for each bird so taken and killed or had in possession. And it shall be lawful for any person to take and destroy any such nets,, traps or snares whenever found set. § 12. No person shall, at any time in this State, kill or expose for sale, or have in possession after the same is killed, any eagle, woodpecker, night-hawk, yellow bird, wren, martin, oriole, or any song bird, under a penalty of five dollars for each bird so killed or exposed for sale or had in possession. (As amended by Laws of 1880, chap. 584.) § 13. No person shall kill or expose for sale or have in pos- session after the same has been killed, any robin, meadow lark or stai'ling, save only during the months of October, November and December, under a penalty of five dollars for each bird so killed; exposed for sale, or had in possession. (As amended b}' Laws of 1880, chap. 584.) § 14. The last two sections shall not apply to any person who shall kill any bird for the purpose of studying its habits or history, or having the same stufted and set up as a specimen, or to any person who shall kill on his own premises any robins in the act of destroying fruits or grapes. § 15. No person shall willfully destroy or rob the nest of any wild birds Avhatever, except crows, blackbirds, hawks and owls, save only where it may be necessary to protect dwelling-houses or prevent their defacement. Any person violating this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of five dollars for each offense. § 16. An}' person who shall knowingly trespass upon inclosed or cultivated lands, for the purpose of shooting or hunting any game protected by this act, or shall take any fish from private ponds or private streams not stocked in whole or in part by the State, -or State of New York, 13 after public notice has been given by the owner or occupant thereof. Notice, or person, association or corporation hiring or leasing the exclusive right to shoot or hunt thereon or fish therein from the owner or occupant, as provided in the following section, shall be liable to such owner or occupant, " or person, association or corporation," in addition to the actual damages sustained, exemplary damages to an amount not exceeding twenty-five nor less than fifteen dollars. Penalty. (As amended, chap. 243, Laws 1885.) §17. The notice referred to in tlie preceding section shall be Notice not given by erecting and maintaining sign-boards, at least one foot ° respasb. square, upon at least every fifty acres of land upon or near the lot lines thereof, or upon or near the shores or banks of any lake, stream or pond, in at least two conspicuous places on premises, or by the personal service upon any person of a written or printed notice containing a brief description of the premises, the name of tlie owner or person in possession thereof, and such notice to have appended thereto the name of the owner or occupant, or person, association or corporation having the exclusive right to shoot or hunt thereon or fish therein. Any person who sliall tear down or penalty for in any way deface or injure any such sign- board, shall be guilty of gam""^' a misdemeanor, and in addition thereto, shall be liable to a penalty of twenty-five dollars. (As amended, cliap. 243, Laws 1885.) § 3. Nothing in this act contained shall be construed as author- state iand» izing the leasing of any of the lands or waters belonging to the not*tobe* State, to any person, association or corporation for a fish or game i^^^^d. preserve, except for fish hatching purposes. (Added by chap. 243, Laws 1885, in act amending §§ 16 and 17.) § 18. jSo person shall at any time kill or catch or attempt to Trout and kill or catch any speckled trout, brook trout, salmon trout or land- bt'mken" locked salmon, with any device save that of angling with line, or l^J^^ rod held in the hand, except in Lake Ontario and the Niagara river and in waters which are wholly private, and in the latter on]}' then by permission of the owner thereof; nor sliall any person set or draw any net or seine, or use any set line or set pole in any lake, pond or stream inhabited by speckled trout, brook trout, or salmon trout or land-locked salmon, except in the waters of Lake Ontario; but no net shall be set within one mile of the mouth of the Oswego river, or have on the shores or waters thereof, except said Lake Ontario, any net, seine, set line or other unlawful device for the taking uf fish, except as above provided. And no person shall at any time or in any way, catch or attempt to catch any speckled or brook trout, or salmon trout, or land-locked salmon, through the ice, except in Lake Ontario and the Niagara river, and in waters wholly private. Any person who shall ofi'end against any of the Penalty, provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for any offenses against any of the provisions of this sec- tion, and ten dollars additional for each fish taken. All nets, 14 The Game Laws of the Nets, etc., contraband and may be destroyed. Private waters. Salmon and trout, when may be caught. Size of trout. Cannot be taken for stocking. Penalties. Except by State. seines and other devices forbidden by this section to be used are hereby declared to be nuisances and contraband ; and any person finding the same in any place where they are forbidden to be used is authorized to destroy such contraband articles, and no action for damages shall lie against him for such destruction. The phrase "private waters" is hereby defined for purposes of this and the next section only, to mean ponds or streams fed wholly by artificial sources, or by springs existing upon the same farm or tract belong- ing to the owner or proprietor thereof; or waters brought by arti- ficial pipes, or channels other than natural, into artificial ponds or reservoirs of the owner or proprietor. (As amended by chap. 121, Laws 1885.) § 19. No person shall catch, or attempt to catch, or kill or expose for sale, or have in possession after the same has been caught or killed, any speckled trout, brook trout or land-locked salmon, save only from the first day of May to the first day of September in each year, except in the counties of Queens and SuflFolk, where it shall be from the first day of April to the first day of September in each year. Any person who shall at any time catch or take any California trout, speckled trout, brook trout or salmon trout, or land-locked salmon from any of the waters of this State, less than six inches in length, shall immediately place such trout back in the waters from which it was taken, and shall use due care not to kill or injure the same. Nor shall any person sell, or expose for sale, any of said fish less than six inches in length. No person shall at any time take or catch any speckled trout, brook trout, salmon trout or California trout from any of the waters of this State for the pur- pose of stocking a private or public pond or stream, except in the waters of Lake Ontario. No person shall at any time willfully molest or disturb anv of the fish mentioned in this section, while they are upon their natural spawning beds during the spawning season, except in the waters of Lake Ontario ; nor shall any per- son take any of said fish, or any spawn or milt from any of said fish while upon their natural spawning beds in any of the waters of this State (except such as are wholly private). Any person vio- lating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a pen- alty of ten dollars for an attempt and ten dollars for each fish so caught, killed, exposed for sale, or had in possession during the prohibited season aforesaid ; a penalty of ten dollars for each fish sold or exposed for sale oi less than six inches long as aforesaid ; and a penalty of fifty dollars for disturbing or molesting fish upon the spawning beds, or taking spawn or milt therefrom, with ten dollars additional for each fish taken thereon. The foregoing pro- visions are not to apply to the operations of Slate or public hatch- eries, or to the artificial propagation of said fish by State or public authority ; nor to the taking, transportation or possession of fish- fry, thus artificially propagated or distributed for stocking.of State of New York, 15 waters. Owners or proprietors of private hatcheries are also exempted therefrom to the extent to enable them to take fish, spawn or milt in their own private waters, for purposes of artificial propagation, inclusive of the sale, transportation and possession of fish-fry or spawn thus obtained or propagated for purposes of stocking waters. In all other respects these provisions are to apply. No officer of the State, nor any person shall place or deposit in any of the waters of the Adirondack region of this State (so called) any fish or fish-fry, or any spawn or milt except speckled trout, brook trout, salmon trout, California trout, or land- locked salmon, unless the fish so deposited or placed in such waters are indigenous to the particular water wiiere placed, except that non-preying or non-destructive fish, such as usually constitute food for the species above named, may be therein placed. Any person offending against this provision shall be guilty of a misdemeanor, and in addition thereto shall forfeit a penalty of fifty dollars for each fish or spawn deposited in violation thereof. (As amended by chap. 121, Laws 1885.) § 20. No person shall kill or expose for sale or have in his or her possession, after the same has been killed, any salmon trout or lake trout caught in the inland lakes of this State in the months of October, November, December, January, February and March, and in Lake George the additional month of April. Any person violating any of the provisions of this section sliall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of ten dollars for each fish so killed, exposed for sale or had in possession. § 21. No person shall catch or kill any black bass in the waters of Lake Mahopac or of Columbia county (or in the waters of Schroon lake or river or Paradox lake, in the counties of Essex or Warren, or in the waters of Friend's lake, in Warren county, between the first day of January and the first day of July), or in Lake George, or in Brant lake, in Warren county, between the first day of January and the twentieth day of July, or catch or kill any black bass, Oswego bass, or muscalonge in any other waters of the State between the first day of January and the first day of June, unless alive for artificial propagation, or the stocking of other waters, except that bass and muscalonge maybe caught in the St. Lawrence, Clyde, Seneca and Oswego rivers, Lake Erie, Lake Ontario, Lake Conesus and Niao-ara river, above Niagara —-, lit" rails, on the American side, between the twentieth day of May and the first day of January. No person shall catch, kill or expose for sale, or have in his or her possession after the same has been killed, any black bass or striped bass weighing less than one- half pound, or less than eight inches in length from end of snout to end of caudal fin, at any time. No person shall expose for sale, or have in his or her possession, after the same has been killed, any black bass, Oswego bass, striped bass or muscalonge, save only Private hatcheries. Stocliiug in the Adiron- dacks. Penaltiee. Salmon or lake troat. Penalty. Bass. Muscalonge Size of bass. Sale of bass. 16 The Game Laws of the Fiphing: in Lake George. Penalties. Shutting or drawing off water. Penalty. Fishing in certain waters except by anglins: pro- hibited. Exceptions. from the twentieth day of May to the first day of January. Nor shall any person catch or kill, or attempt to catch or kill, any bullheads or other fish in the waters of Lake George, or in the waters of any ot the inlets or creeks emptying into said lake, between the first day of April and the first day of July in any year. Nor shall any person at any time catch or kill, or attempt to catch or kill, in the waters of Lake George or in the waters of the inlets or creeks emptying into the same, anj' fish with any set line, or with any device whatever except that of angling with hook and line held in the hand. Nor shall any person catch or kill any pickerel in the waters of L,ake George between the fifteentli day of February and the fifteenth day of June, in any year. Nor shall any person expose for sale, or have in his or her possession, any bullheads or other fish caught or killed in the waters of Lake George, or in the waters of the inlets or creeks emptying into the same, between the first day of April and the first day ot July, in any year, or any pickerel caught or killed in the waters of said Lake George between the fifteenth day of February and the fitteenth day of June, in any year. Any person violating any of the provisions of this section shall be deemed guilty of a misde- meanor, and in addition thereto shall be liable to a penalty of ten dollars for each fish. (As amended by chap. 242, Laws 1885.) § 22. No person shall catch any bass, trout or other fish, in any of the waters of this State by shutting or drawing off any portion of said waters, nor shall any person take any fish in the waters of theTonawanda creek between Moulton's dam, in the county of Gen- esee, and Cotton's dam, in the county of Wyoming, for a period of five years after the passage of this act. Any person violat- ing this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each offense. §23. No person shall kill or catch, or attempt to kill or catch, any fish, except minnows, in the waters of Lake Ontario, on the American side thereof for the distance of three miles from the mouth of the Niagara river or Onondaga, Oneida, Seneca or Cross lakes, or in any of their outlets or tributaries, or in the American waters of the Niagara river above Niagara Falls, in any way or manner, or by any device whatever, except with that of hook and line, and any person catching or killing any fish, except min- nows, in any of the above named waters, siiall be liable to a pen- alty of one hundred dollars for each and every offense. No person shall kill or catch, or attempt to kill or catch any fish, except minnows, bull-heads, eels, suckers and cat- fish in any of the fresh waters, or in any of the canals of this State or in the American waters of the St. Lawrence river, in any way or manner, or by any device whatever, except that of angling with a hook and line, save only in the following waters, namely: The Hudson river below the dam at Troj', and in Lajie State of New York, 17 Ontario, except Great Sodus bay, Port bay, East bay, in the county of Wayne, Henderson harbor, or Henderson bay, in the county of Jefferson ; and also except in Lake Ciiamplain during the month of October and the first fifteen days of November ; and also except in the waters of the Walkill river within the county of Ulster, wherein it shall be lawful for any person or persons of one and the same family or household to possess and fish for suckers and eels in the waters of said river during the months of March and April and October and November with a single fyke, the meshes of which shall not be less than one inch. And also except all that part of the waters of Lake Ontario, together with its bays and inlets, lying and being in the county of Jefferson, and in that part of Oswego county lying between its Jefferson county line and the westerly line of the town of Mexico, and within one-half mile of the outlet or mouth of Salmon river, saving and excepting the shoals adjacent to Henderson bay, on the lake side from tiie main shore to and including Smoke island, except during the months of November and December, which waters are hereby released from the operation of the provisions of sections twenty-three and twen- ty-six of the act hereby amended ; provided further that in Black lake, Mud lake and Yellow lake in St. Lawrence county, bull-heads, eels, suckers, catfish and pickerel may be killed with a spear, except in the months of March, April and May. No person shall ^^^^P^?^ knowingly sell or purchase, or have in his or her possession, any possession, fish killed, cauglit or taken from any such waters, contrary to the provisions of this section. And any person violating the provi- Penalty, sions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dol- lars for each and every such offense. And all nets, seines, traps. Nets, etc. 1 1. '!• 1 ' y 1 1 !• • 11 jij contraband. weir or other devices forbidden by this section are hereby declarea contraband, and any person finding the same in any place where they are forbidden is hereby authorized to destroy such contraband article, and no action for damages shall lie against him for such destruction. (As amended by chap. 127, Laws 1884.) § 24. Any person having in his or her possession upon any of Possession the waters of tiiis State, or upon the shores of or islands in any gho'i'e.*"'^ waters of this State, inhabited by salmon, salmon trout, lake trout, black bass, Oswego bass, striped bass or muscalonge, without the permission of the commissioners of fisheries, any snares, nets, stake poles or other device used in unlawfully taking such fish, shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars, but nothing herein con- tained shall apply to that portion of the Hudson river south of the dam at Troy, or to Lake Ontario, or to the waters of the Walkill river in Ulster county. (As amended, chap. 242 Laws 1885.) § 25. No person, association, company or corporation shall throw Polluting or deposit, or permit to be thrown or deposited, any dye-stuff, coal streams, tar, refuse from gas houses, saw dust, lime or other deleterious 2 18 The Game Laws of the Penalty. Exception. Size of meshes of nets and fykes. Where netting prohibited and allowed. 403 this substance, or cause the same to run or flow into or upon any of the rivers, lakes, ponds, streams, or an}' of the bays or inlets adjoin- ing the Atlantic ocean within the limits of this State. Any person who shall violate this section, or any member of any such company, association or corporation who shall authorize and direct any such violation, shall be guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each offense. But this section shall not apply to streams of flowing or tide water, nor to the town of French Creek, in Chautauqua county, which con- stitutes the motive power of the machinery or manufacturing establishments, when it is absolutely necessary for the manufactur- ing purposes carried on in such establishments to run the refuse matter and material thereof into such stream. (As amended by chap. 430, Laws 1881.) See Gai'tioright v. Ganandaigua Gas-Light Oo., 32 Hun, (Supreme Court, 4th Dept., March, 1884). § 26. Xo person shall fish in any of the waters or canals of State with seines, gill nets or fykes, the meshes of which shall be less tlian two and one-half inches, except in the waters excepted in the first section of this act and except in the following waters : In the waters over which Richmond county has civil jurisdiction, the meshes shall not be less than two inches ; in the bays and salt waters, estuaries and rivers of Long Island, not less than two and one-half inches, but this prohibition shall not apply to nets used in taking " menhaden " nor to ponds where they are permitted by law ; in Lake Erie and Lake Ontario^ the meshes shall not be less than four and one-half inches ; in the Hudson river between long dock at Piermont in th<^ county of Rockland and the dam at Troy, the meshes shall not be less than two inches except seines, fykes or other nets used in catching bait fish ; in Coney Island creek to the mouth thereof extending out into Gravesend bay one-half mile each way, the meshes of which shall be four inches square, except that for eel and flounder fishing, hoop-nets, with suitable meshes, may be used within said bay between the fifteenth day of October and the first day of April. No person shall set or take any fish by any device known as pound or trap-net, in the waters of Great South bay, except so much thereof as is witiiin the jurisdiction of the town of Islip and not included in the Brookhaven and Smith patents, and the waters of Lake Erie, or bring any fish so taken in such waters to the shore, along the same, or be engaged in procuring or preparing for market an}' such fish or any part thereof, or exposing fish taken in such nets for sale, in the counties bordering on such waters. Nothing in this section shall be construed as permitting the drawing of seines in the waters of the Hudson between the upper dock at the village of Sing Sing and Croton landing, in the town of Cortland, nor in any of the waters between the above- named points, nor in any portion of the Croton river, between the first day of June and the first day of October of any year, which State of New York. 19 drawing is hereby expressly forbidden, except that set nets and seines of meshes of one-half inch, may be used in any part of the Croton river and the bay in the Hudson river, lying between Cro- ton point and the village of Sing Sing, trom October first to May first of any year, for the pnrpose of catching smelts and frost fish, but for no other purpose. Nor shall anything in this section be construed to prevent the setting of fykes in the Wallkill river in Ulster county, during the months of March and April, and October and November. Any person violating the provisions of this section Penalty, shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars. (As amended by chap. 237 of the Laws of 1885.') § 27. Any owner or owners or lessee or lessees of land or lands private and water, whether such owner or owners, lessee or lessees be an p*'"''^' individual or individuals, association or associations, society or societies, corporation or corporations, desiring to lay out, devote or dedicate such land or lands and water for the purpose of a private park or territory for propagating or protecting fish, birds or game, shall publish, at least once a week for three months, in a paper of ^e*^*ic|tfJn general circulation printed within the county or counties within tobepub- which such land or lands and water are situated a notice describing the same. And there shall be inserted in said notice so published a clause declaring that such land or lands and water will be used as a private park for the purpose of propagating and protecting fish, birds and game ; and it shall be the duty of such owner or sign-boards owners, lessee or lessees, at any time during the publication of said tobe"**'**^^* notice, or witliin six months after the final publication thereof, to erected, post or put up notices or sign-boards warning all persons against trespassing upon such private territory, which notices or sign-boards shall not be less than one foot square, and placed not more than forty rods apart along the entire boundary of said private park or territory, when the same shall consist entirely of land, and when said private park or territory shall consist of botli land and water, the notices aforesaid shall be placed in conspicuous peaces upon said territory, so there shall be at least one notice or sign-board so placed or erected for every one hundred acres of said territory. And when the property to be protected shall consist of a lake or pond only, said notices shall be placed in at least four conspicuous places upon the shore of such lake or pond. But when said terri- tory shall be enclosed by a fence or fences of reasonable capacity for protection of said premises, then notices or sign-boards of the dimensions aforesaid shall be placed on said fence or fences not more than one-half mile apart. After any such territory shall be Game in dedicated and designated as aforesaid, all fish, birds and game, of, p*™ate in or upon said territory shall be the property of the owner or property, owners, lessee or lessees thereof. (Amended by Laws 1880, chap. 531.) 20 The Game Laws of the Taking, gfame, etc., from pri- vate parks, etc. Trespass- ing and mischief prohibited, Penalty. Sign-boards at State fishwayg. Fishing within eighty rods of a State fishery prohibited. Wolves, and tianthers, bounties lor. I'roof. § 28. After such grounds are inclosed in such manner as to render such fish or game private property, no person shall catch or take from or kill, any fish, birds or game, in or npon said grounds, or the waters thereon, or put on such grounds, or in any such waters, any poisonous or other deleterious substance, or piscivorous fish, or let off the waters from said grounds, with intent to take fish, or to destroy the fish or eggs placed in such waters, or deface or destroy any sign or notice posted or put up as aforesaid; or place any object against or near such fence or inclosure, with intent to aid dogs or other animals to get into said grounds, or to enable animals kept therein to escape therefrom, or enter upon any such ground with the implements or weapons for catciiing, taking or killing fish, birds or game, with the intention of catching, taking or killing any fish, birds or game thereon. Any person found guilty of any offense against this section, shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to the owner or lessee in addition to the actual damages incurred, in exemplary damages to the amount of twenty-five dollars. § 29. The commissioners of fisheries of this State are hereby required and directed to erect and maintain, at a distance of eighty rods from any fishway established or constructed by the Sfate, in any stream or water-course within its boundaries, sign-boards, on which shall be plainly painted or inscribed the words following, to wit, " eighty rods to the fishway ; all persons are by law prohibited from fishing in this stream between this point and the fishway;" said signboard to be erected on both sides of the stream above and below the fishway. § 30. No person shall catch, take or kill, or attempt to catch, take or kill, with any implements or device whatever, any fish within a distance of eighty rods from any fishery established by the State, within any stream or water-course within its boundaries, or tear down or deface or destroy any sign-board put up by the com- missioners of fisheries of this State. Any person violating any of the provisions of this section, provided the sign-boards mentioned in the preceding section shall have been erected and maintained as directed by this act, shall be deemed guilty of a misdemeanor, 'and in addition thereto shall be liable to a penalty of twenty -five dollars. § 31. A State bounty of thirty dollars for a grown wolf, fifteen dollars for a pup wolf, and twenty dollars for a panther, shall be paid to any person or persons who shall kill any of said animals within the boundaries of this State. The person or persons obtaining said bounty shall prove the death of the animal so killed by him or them, by producing satisfactory affidavits, and the skull and skin of said animal, before the supervisor and one of the justices of the peace of the town within the boundaries of which the said animal was killed. Whereupon said supervisor and justice of the peace, in the presence of each other, shall burn and destroy State of New York. 21 the said skull, and brand the said skin so that it may be thereafter identified, and issue to the person or persons claiming and entitled to the same, an order on the treasurer of the county to which said town belongs, stating the kind ot animal killed, the date of killing of the same, and the amount of the bounty to be paid in virtue of the within section of this act, and the county treasurers of this State are hereby authorized and directed to pay all orders i<5sued as afore- said ; and all orders issued in the manner aforesaid, and paid by Bounty, the treasurer of any county in this State, shall be a charge of said '*'*"' p*"^- eounty against the State, the amount of which charge, on delivery of proper vouchers, the comptroller is hereby authorized and directed to allow in the settlement of taxes due from said county to the State. § 32. There shall be no shooting, hunting, trapping or caging of Hanting on birds or wild beasts, or having in possession in the open air for prohibued. such purpose the implements for the shooting, hunting, trapping or caging of the same, on the first day of the week, called Sunday ; and any person violating either of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for every such off'ense. (See sees. 265, 269, Penal Code, p. 38.) S 33. All penalties imposed by this act may be recovered, with Penalties, ^. £ '. ^ • !• u ' L • howrecov- costs of suit, by any person m his own name, or by any society m ered. its name, upon such society giving security for costs, before any justice of the peace in the county where the oflEense was committed, or in an adjoining county, when the amount does not exceed the jurisdiction of such justice, or when such suit shall be brought in the city of New York, before any justice of the District Court, or of the Marine Court of said city ; and such penalties may be recov- ered in the like manner in any court of record in the State; but on recovery by the plaintiff in such case for a less sum than fifty dol- lars, the plaintiff shall only be entitled to costs to an amount equal to the amount of such recovery ; and it shall be the duty of any district attorney in this State, and he is hereby required to prose- cute, or to commence actions, in the name of the people of this State, for the recovery of the penalties allowed hereby, upon receiving proper information ; and in all actions brought by such district attorney, one-half of the penalty recovered shall belong to the persons giving infortnation on which the action is brought, and the other half shall be paid to the treasurer of the county in which such action is brought. All judgments recovered in pursuance of j„dgmentB the provisions of this act, with the interest thereon, may be col- )^^^^^- lected, and the payment thereof enforced by execution against the person; and any person imprisoned upon any such execution shall be so imprisoned for a period of not less than five days, and at the rate of one day for every dollar or fractional part thereof of such judgment and interest when the same exceeds five dollars ; and such imprisonment shall not be satisfaction of such judgment ; but 22 Tbe Game Laws of the Miede- meanor, how pun- ished. ConrtB. Fines. Tax. Duties of sheriff, etc. Penalties lor failing I o act. Grouse, quail and venison. no person shall be more than once imprisoned npon an)' such judg- ment or execution, and two or more penalties may be included in the same action. § 34. Any person who shall be found guilty of a misdemeanor under any of the provisions of this act shall, upon conviction, be punished by fine of not less than live dollars, nor more than at the rate of one dollar for every dollar of the penalty provided by the section so violated, when the same exceeds five dollars, or by imprisonment in the county jail or penitentiary for a period of not less than five days, nor more than at the rate of one day for every dollar of any such penalty, or by such fine and imprisonment, in the discretion of the court. § 35. Courts of special sessions in towns and villages, and the several courts in cities having jurisdiction to try other misde- meanors, shall have jurisdiction to try offenders in all cases occur- ring under this act in the same manner as in other cases where they now have jurisdiction, and to render and enforce judgment accord- ingly. All fines recovered by the provisions of this act shall be paid over by the court receiving the satne to the treasurer of the county wherein the offense was committed, except in the county of New York, and in the county of New York to the chamberlain in the city of New York, within ten days after their reception hy such court, and such moneys shall be kept by such treasurer or chamberlain as a separate fund, to be applied to the enforcement of the provisions of this act, in such manner as the board of super- visors of the several counties, except in the city and county of New York, and in such city and county the board of aldermen may direct, either for the employment of special detectives or the payment of awards for the detection and arrest of oftenders, and each of the boards of supervisors of this State shall have power to raise by tax, in the same manner as otiier taxes are raised for county purposes such sum, not exceeding one thousand dollars in any year, as they shall deem proper to further aid in the enforce- ment of the provisions of this act. It shall be the duty of every sheriff, under-sheriff, deputy sherifi, officer of police or policeman, and of every constable and every game constable, and every bay constable to arrest, wherever found within this State without war- rant, any person whom they shall find violating any of the provisions of this act, and immediateh' to bring such offender before tlie nearest magistrate having jurisdiction of the offense for examination and for trial. Any officer or magistrate who shall neglect or refuse diligently to enforce the provisions of this act, upon proper informa- tion and complaint, shall be deemed guilty of a misdemeanor, and shall be punished by a fine or imprisonment, or by both such-fine and imprisonment in the discretion of the court. § 36. Any person may sell or have in his or her possession any hare or rabbit or any woodcock, any ruffed grouse, commonly called partridge, any pinnated grouse, commonly called prairie State of New York. 23 chicken, and any qnail from the first day of January to the first day of Febrnary, and any fresh venison from the first day of December to the first day of January, and shall not be liable for any penalty under this act, provided he proves that such birds or game were killed within the period provided by this act. § 37. It shall be lawful for the board of supervisors of any county, Boards of at their annual meeting, to make an}^ regulations or ordinances topase protecting other birds, fish or game than those mentioned in this '*^*" act, and also for the further protection of such birds, fish or game as are in this act mentioned, except wild deer, and to this end to prohibit hunting or fishing in particular localities or waters lying within their respective counties, for limited periods and during certain months of the year, and to prescribe punishments and penalties for the violation thereof, and adopt all necessary measures for the enforcement of such punishment and the collec- tion of such penalties. And such regulations and ordinances shall i^^jie^^"^' be published in the papers in such county in which the session laws are published ; and a certified copy thereof shall be filed in the ofiice ot the clerk of the county ; provided, however, that nothing herein contained shall be construed as conferring upon the board of supervisors of any county the right or authority to proliibit the owner or owners, in whole or in part, of lands and waters wholly private, or the lessee or lessees thereof, whether such owner or owners, lessee or lessees be an individual or individuals, association or associations, society or societies, corporation or corporations, from angling and taking fish in a lawful manner during the months now allowed by the lawsof this State. Thisact is intended to apply only to such owner or owners, in whole or in part, of lands and waters, or the lessee or lessees thereof, who shall have complied with the provisions of section twenty seven of said chapter five hundred and thirty-four of the Laws of eighteen hundred and seventy-nine, and the acts amendatory thereof. (As amended by chap. 212 of the Laws of 1884.) § 38, It shall be lawful for the boards of supervisors of the sev- Game con- oral counties of this State, except as by this section hereinafter ^^*'''*^- further provided as to the county of Kings, by the affirmative vote of a majority of the members elected, at a regular meeting of such boards, respectively, to authorize the election in each or any of the towns or cities of their respective counties of one or more officers to be designated game constable, who shall be chosen at town meet- ings as other town officers are chosen, and hold office for the term of one year; and he or they shall take the oath of office the same, and be invested with and have the same powers in serving process under this act, that town constables now possess in serving civil process; but sucli game constable for the entire county of Kings ^'uffy. may be appointed by the board of supervisors at any regular meet- ing, and he or they shall hold office to the last day of December next after his appointment, and until his successor shall be appointed 24 The Game Laws of the Duties of. Costs of Baits. Courts that can issue warrants. Search warrants. and qualified ; and all suits prosecuted by such game constable for the count}'^ of Kings, for penalties under the provisions of this act, may be prosecuted in the county court of Kings county, or in the city court of Brooklyn ; and in case a recovery shall be had in such suits for less than fifty dollars, the plaintiff shall be entitled to costs to the amount of such recovery. Warrants of arrest may be issued by such courts in such actions prosecuted by the game constable of Kings county, as in cases provided for by section one hundred and seventy-nine of the Code of Procedure, except that no undertaking shall be required on behalf of the plaintiff, and the judgments may be enforced by execution against the person, and the sheriff of said county shall not be entitled to any deposit or pay from the plain- tiff under the provisions of chapter eight hundred and thirteen of the laws of eighteen hundred and sixty-nine. It shall be the duty of the game constable, after reliable information, to prosecute all violations of this act, and he shall receive such compensation for his services as is allowed by law for like services to constables of towns, and also one-half of all penalties recovered by him for violations of this act. In cases of neglect or refusal of any game constable to prosecute any such violation, he shall foifeit the penalty of twenty-five dollars, to be sued for and recovered as speci- fied in this act. Whenever any game constable shall fail to recover the penalty in any prosecution commenced by him pursuant to this section, the cost of suit incurred by him shall be charged against the county, and it shall be the duty of the board of super- visors of the county to audit and allow the same, as other county charges are audited and allowed. (As amended by chapter five hundred and ninety-five, laws of eighteen hundred and sevent-two.) § 39. Any justice of the marine or district court in the city of New York, or any justice of the peace, police or other magistrate, upon receiving sufficier)t security for costs on the part of the com- plainant, and sufficient proof by affidavit that any of the provisions of this act have been violated by any person being temporarily within its jurisdiction, but not residing there permanently, or by any person whose name and residence are unknown, is hereby authorized to issue his warrant for the arrest of such offender, and to cause him to be committed or held to bail to answer the charge against him ; and any such justice or magistrate, upon receiving proof or probable cause for believing in the concealment of any game or fish mentioned in this act, and taken during any of the periods prohibited, and upon the complainant's giving security, to be approved by such magistrate, for the damage which the defend- ant in the case may sustain in consequence of tlie complaint, pro- vided he shall be found not to have violated the law, shall issue his search warrant and cause search to be made in any house, market, boat, car or other building, and for that end may cause any apart- ment, chest, box, locker, crate or basket to be broken open and the contents examined. State of New York. 25 § 40. All acts and parts of acts for the preservation of wild Repeal, deer, birds, fish and game, including section 2 of chapter 183 of the Laws of 1875, are hereby repealed, except such acts and parts of acts as relate to the commissioners of fisheries, and the estab- lishment of fishways, the construction of dams across the rivers of this State, the protection and preservation of shell fish, the incor- poration of any company for the protection and propagation of fish and game, the election of bay constables, the laws conferring upon the boards of supervisors special powers to legislate for the protection of fish, birds and game, and the laws regulating shad fishing; saving, nevertheless, so much of said act as may be nec- essary to sustain any right of recovery or condition thereunder for actions or prosecutions heretofore commenced. § 41. One moiety of the penalties hereinbefore prescribed, shall how^dVsl^' be given to the informant, upon conviction of the offender or tributed. offenders, and the collection thereof. (Added by chap. 121, Laws 1885.) § 6. Any action brought or prosecuted by any District Attorney J^rney*miy pursuant to the provisions of the act hereby amended, may be dis- discontinue continued by such District Attorney, and neither costs nor dis- bursements in such action shall be recovered by any defendant therein. (Sec. 6 of chap. 531, Laws of 1880.) § 7. No person shall take, catch or kill any California trout, in California any of the waters of this State, in any way or by any device, "^"^ ' between the ftfteenth day of May and the first day of September. No person shall knowingly sell or purchase or have in possession any California trout, killed, taken or caught in the waters of this State during the period aforesaid. Any person violating the pro- Penalty, visions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each offense. (Sec. 7 of chap. 531, Laws 1880.) AN ACT FOR THE APPOINTMENT OF FISH AND GAME PROTECTORS. Chapter 591 of the Laws of 1880, as amended hy chapter 317 of Laws of 1883, entitled '■''An act for the appointtnent of Game and Fish Protectors,^ passed June 26, 1880. Section 1. The governor is hereby authorized, upon the passage Game pro- of this act, to appoint eight, and he may in his discretion increase the number of said appointments to sixteen persons, to be known as game and fish protectors, whose duty it shall be to enforce the statutes for the preservation of moose, wild deer, birds and fish, or any other game laws, and to bring or cause to be brought, actions and proceedings in the name of the people of the State, to recover any penalties or amounts, or to punish any parties for the violation lectors 26 The Game Laws of the May bring actions. Terms of office. Vacancies. District attorney. Witnesses' fees anddis- barsements. Recoveries, how di- vided. Nets, etc., whereby fish may be caught con- trary to law der.ared public nui- sances, and maybe seized or of said statutes or laws. Such actions may be brought in the name of the people in the like cases, in the same courts, and under the same circumstances as they might now or may hereafter be brought by any individual under or by virtue of any existing or hereafter enacted statutes, for the protection of deer, game and fish, or any of them. Such protectors and their successors, who shall be appointed by the governor, shall hold office for three years from the date of their appointment. All vacancies shall be filled by the governor. The district attorney of any county of this State shall, upon the request of any one of such protectors, commence and prosecute to termination, in tiie name of the people, actions and proceedings against any person reported to him by such protector to have vio- lated any such statute or laws, for the recovery of the penalty for violation thei'eof, or for the punishment of the person violating the same. Witnesses' and other fees and disbursements and full costs shall be included in any judgment in favor of the people at the rates fixed by section three thousand two hundred and fiftj-^-one of the Code of Procedure, without reference to the amount of recov- ery. All money necessary for witnesses' fees and disbursements in any such action shall, on the requisition of the district attorney, be advanced by, and all moneys, except costs, which shall belong to the district attorney, recovered in any action, and all fines collected shall be paid to the treasurer of the county in which the actions or proceedings shall have been commenced ; and the district attorney or treasurer of such county, upon the payment of any judgment, may satisfy the same of record, as the attorney for the people. One- half of all moneys thus paid into any county treasury over and above the amount necessary to reimburse the county for any out- lays or expenses paid out by the county treasurer under this act, shall be paid on or before the thirtieth day of September in each year into the State treasury, and become and be part of the general fund. And the remaining one-half of all such moneys, over and above the amount necessar}' to reimburse the county for any out- lays or expenses paid out by the county treasurer, under this act, shall be paid to and belong to the game and fish protectors who bring, or cause to be brought, the action or proceeding in which such fine or penalty shall be recovered, and shall be paid to him by the county treasurer within thirty days after the same shall be received by him from the district attorney, upon the certilicate of the district attorney that such action or proceeding was brought, or caused to be brought, by such game and fish protector. (Chap. 317, sec. 1, Laws 1883.) § 2. Any net, pound or other means or device for taking or capturing fish, or whereby they may be taken or captured, set, pivt, floated, had, found or maintained in or upon any of the waters of this State, or upon tlie shores of or islands in any waters of this State in violation of any existing or iiereafter enacted statutes or laws for the protection of fish, is hereby declared to be and is a - State of New York. 27 public nuisance, and may be abated and summarily destroyed by destroyed any person, and it shall be the duty of each and every protector person, aforesaid, and of every game constable, to seize and remove and forthwith destroy the same, and the expense of any seizure, removal and destruction of such net, pound or other means or device as aforesaid, shall be a county charge against tlie county in which the same shall have been eo seized, and shall be paid as other county charges are paid, on the certificate, which shall be final, of such protector, which certificate shall state the time and place of such seizure and destruction, the names of the jtersons employed therein, the time spent thereabout, and the money advanced, if any, and to whom, and shall be verified by the oath of such protector or person as aforesaid making such seizure and destruction ; and no action for damages shall lie or be maintained against any person for or on account of any such seizure or destruction. (Sec. 2, chap. 317, Laws 1883.) § 3. The said protectors, or any one of them, may without Arrests warrant arrest any person violating any of the provisions of any warrants, statute now or hereafter enacted and in force at the time for the protection of moose, wild deer, birds and fish, or any of them, and take such person before a justice of the peace or police justice, or other magistrate having juiisdiction, who shall proceed without delay to hear, try and determine the matter, and give and enforce judgment according to the allegations and proofs, (Sec. 3, chap. 591, Laws 1880.) § 4. The traveling expenses, not to exceed two-hundred and fifty salary and dollars for each of such protectors in any one year, to be audited ®^p^"*^- by the comptroller of this State before payment, and an annual salary of five hundred dollars, shall be paid to each protector by the treasurer of this State out of any moneys not otherwise appropriated. (Sec. 4, chap. 519, Laws 1880.) § 3. It shall be the duty of each of the several game and fish Reports, protectors appointed or who may be appointed under this act, to file in '■.he office of the State comptroller, during the month of December in each year, an account stating the days and parts of days spent in the discharge of his duty as such protector, the kind of service rendered on such days or parts of days, and the place or places where rendered, and the expenses paid or incurred in the time of the discharge of such duties; which statement shall be verified by the oath of such protector stating that the same is cor- rect and true in every particular. (Sec. 3 of chap. 317, Laws 1883.) §4. For the purpose of the more effectual enforcement of the Game pro- provisions of this act, the game and fish protector shall be subject under" to the supervision and direction of the commission of fisheries, who ^"3P^!Ti?i°° shall divide the territory of the State into protection districts, and sionerof shall assign to each protector his district, and shall have authority also, to assign for temporary duty in any district, a protector from any other district. The said commissioners shall require of each 28 The Game Laws of tbe Reports. Removal. protector, at the close of each calender month, a report in writing, and in detail, stating the service performed by each protector dur- ing the last preceding month, including an account of the suits commenced at his instance, the disposition made of such suits, the result of any brought to trial and the condition of any undisposed of ; and no payment for services performed, or traveling expenses paid by any protector shall be made until the claimant shall pre- sent to the comptroller, in addition to the usual oath of perform- ance and payment, a certificate from the said commissioners that he ha§ made the report required by this act, and has in all other respects faithfully performed his otiicial dnty. The commissioners of fisheries shall report to the governor all cases of dereliction or neglect of dnty of any protector which shall come to their knowledge, together with such evidence as they may have touch- ing the case, and the governor shall have authority to remove from office any protector so reported to be delinquent, after giving him an opportunity to be heard in his defense. (Sec. 4 of chap. 317, Laws 1883.) Eetablished Dutiea of to establish hatcheries. COMMISSIONERS OF FISHERIES AND FISH PROPAGATION. Chap. 285, La^ws 1868, as amended. AN ACT to appoint Commissioners of Fisheries for the State of New York. Section 1. A commission of fisheries for the State of New York, is hereby established. § 2. It shall be the duty of the commissioners to examine the various rivers, lakes and streams of the State of New York, and the waters adjoining the same, with a view of ascertaining whether they can be rendered more productive of fish, and what measures are desirable to effect this object, either in restoring the production offish in them, or in protecting, or propagating the fish that at present frequent them, or otherwise ; and such commissioners shall report the result of their labors, and any recommendations they may have to offer, at the next meeting of the Legislature of this State. (Chap. 285, Laws 1868.) That it shall be the duty of the commissioners, in addition to the duties imposed upon them by said act, to establish the artificial propagation of shad, white fish and salmon trout, in the waters of this State, at sucii point or points as they may select, and to employ the necessary labor to conduct the same, and to take such other steps toward improving the fisheries of this State as they shall think advisable, at an expense in all, however, not to exceed the sum hereby appropri- ated. (Added by chap. 567, Laws 1870.) It shall be the duty State of New York. 29 of the commissioners of fisheries of the State of New York, to Examine examine the streams of water in the various counties of this State *''"**'"*• and to take reasonable steps for the propagation of trout, in such streams as in their judgment can be rendered more productive. (Added by cliap. 309, Laws 1879.) § 3. Horatio Seymour, Seth Green and Robert B. Roosevelt are commis- appointed commissioners under this act, to hold office for two named* years, and a sum of one thousand dollars is appropriated for their necessary expenses in carrying this act into effect, which the treasurer shall pay to them on the warrant of the comptroller, from time to time, as their vouchers for such expenses shall be exhibited and approved. (Sec. 3 of chap, 285, Laws 1878.) All vacancies, vacancies occurring in said commission shall be filled by the governor of the State, and the term of office is hereby extended three years, the commissioners being required to report yearly on the condition of the fisheries of the State and the matters under their charge. (Sec. 2 of chap. 567, Laws 1870.) The fishery commission of the State of New York, created by act passed April twenty-second, one thousand eight hundred and sixty-eight (Laws 1868, chap. 285), is continued, with the powers conferred upon them by said act. The commissioners to receive no salary, and to expend only such sums as have heretofore been appropri- ated or shall hereafter, from time to time, be appropriated for such purpose. (Sec. 1 of ciiap. 74 of the Laws of 1873.) The governor commis- is authorized to appoint a resident of the counties of either Kings, ^l^^"^^ Queens or Suffolk an additional member of the commissioners of Kings, fisheries of the State of New York, and to supply his place, should Siiffoik!*° a vacancy occur therein, as provided in chapter 537 of the Laws of 1870. (Sec. 2 of chap. 309 of the Laws of 1879.) § 3. No person shall take from the Hudson river any shad at shad. any other time than between the fifteenth day of March and the fifteenth day of June in each year, and every person who shall at any other time, take any shad, or set or draw any net or seine in said river, or aid or assist therein, for the purpose of taking shad, shall forfeit the sum of one hundred dollars to the treasury of the Penalties. State, and their nets shall be confiscated ; provided that nothing in this section shall apply to taking offish by orders of the commissioners for the purpose of artificial or natural propagation of the same, or when the parties, authorized to take fish contrary to the provisions hereof, have stipulated to hatch fish under the directions of the commissioners. (Sec. 3 of chap. 567, Laws 1870.) § 5. All penalties imposed under the provisions of this act may suitu. be recovered, with costs of suit, by the commissioners of fisheries in their official name, or by any person or persons in his or their own names, by suit in the supreme court or any court of record in this State. On the non-payment of any judgment, when recovered Jndgments, in pursuance hereuf, the defendant shall be committed to the enforced, common jail of the county, for the period which shall be computed Nets to be confiscated. 30 The Game Laws of the at the rate of one day tor each dollar of the amount of the judg- ment. (Sec. 5, Lawe of 1870, chap. 567.) § 6. When any pound, weir, or net is liable to be confiscated under any provisions of this act, it shall be the duty of the Com- missioners either to take possession of the same and employ the necessary agents therefor, subject to an action against them in their official capacity, by any claimant or claimants, on the ground that the san)e was not liable to confiscation, or they, may institute a Suits suit in the Supreme Court, or any court of record, for the confisca- tion of said pound, weir or net, in which case the said court may issue a warrant directing tlie sheriflp to attach and safely hold such pound, weir or net, until said action shall be determined, and the suit shall be tried and judgment rendered according to the practice usual in cases of an analogous character. (Sec. 6, Laws 1870, chap. 567.) Chap. 523 of the Laws of 1875. AN ACT making an appropriation for the purpose of restock- ing the public streams of this State with speckled trout and other fish. Section 1. The sum of fourteen thousand dollars, or so much thereof as shall be necessary, is hereby appropriated out of the general fund to enable the commissioners of fisheries of this State to construct on land, to be purchased therefor, suitable buildings, fixtures and ponds, for the purpose of iiatciiing and rearing speckled trout and other fish, to be used in stocking the public streams of this State with such fish, and to be distributed tor the public bene- fit under such regulations as such commissioners shall prescribe. § 2. The said commissioners shall account to the comptroller for all expenditures they may make under the provisions of this act. § 3. This act shall take effect immediately. Chap. 320 of the Laws 1884. AN ACT to establish a fish hatchery in the Adirondack forest. The People of the State of New Yorh^ represented in Senate and Assetably^ do enact as follows : Section 1. The commissioners o^ fisheries are hereby authorized and directed, as soon as possible after tlie passage ot this act, to erect a fish-hatching establishment at some convenient point in the Adirondack forest, to be selected by said commissioners, for the purpose of restocking the lakes and streams of said forest with trout and other fish natural to that locality, and stocking such other streams as the commissioners may deem necessary. § 2. The treasurer shall pay to the commissioners of fisheries., State of New York. 3]^ upon the warrant of tbe coir;ptroller, the sura of five thousand dollars, or so much thereof as may be necessarj^, which sum is hereby appropriated for the purpose of this act. § 3. This act shall take effect immediately. SHELL FISH. The laws for the protection of shell fish are so numerous and local in their cliaracter that reference is made to them by chapter, year and title only. For further particulars, the Session Laws must be consulted. The following are the laws on the subject unrepealed by the general law of 1879, or by other statutes. Laws 1831, chap. 203. — "An act to restrain the taking of oysters in the Hudbon river." Restrains the taking of oysters from the Hudson river, north of the county of New York, during the months of May, June, July or August, and prohibits their being taken to another state for replanting. Laws of 1859, chap. 468. — " An act in relation to the planting in shell fish in the waters of Jamaica bay, and creeks adjoining, of the county of Queens." Laws 1863, chap. 493. — " An act for the protection of the plant- ing of oysters in the towns of Hempstead and Jamaica, county of Queens, New York." Laws 1865, chap. 343. — " An act for the protection of the plant- ing of oysters in the county of Queens, New York." (Amended by Laws 1866, chap. 399; Laws 1870, chap. 93; Laws 1879, chap. 402.) Laws 1866, chap. 306 — " An act for the protection of the planting of oysters in the towns of Islip and Huntington, county of Suffolk, New York. (Amended by Laws 1872, chap. 666. Laws 1880, chap. 240.) Laws 1866, chap. 404. — " An act for the better protection of the planting of oysters in the waters of Richmond county and of this State surrounding said county, and to regulate oystering and clamming upon beds of natural growth therein." Laws 1866, chap. 753. — " An act to prevent the unlawful tak- ing of oysters planted within the waters of the State of New York." (See sec. 441 Penal Code.) Laws 1870, chap. 234. — " An act for the preservation of shell fish in the waters ot South bay in Suffolk county." (Amended by chap. 89, Laws 1875.) Laws 1871, ciiap. 639. — "An act to regulate and protect the planting of oysters in the public waters of the towns of Jamaica and Hempstead, in the county of Queens." (See Laws 1872, chap. 667.) Laws 1874, chap. 549. — "An act to provide for the planting The Game Laws of the and protection of oysters in those portions of the Great South bay, lying in the town of Islip, Suffolk county, wherein the taking of clams cannot be profitably followed as a business. (See chap. 142, Laws 1878.) Laws 1878, chap. 302. — "An act in relation to the taking of clams, oysters and shell fish within the waters of this State, and dredging for tlie same." (Amended, chap. 87, Laws 1879 ; chap. 178, Laws 1882 ; see sec. 442 Penal Code.) Laws 1879, chap. 384. — "An act to regulate the planting of oysters in the public waters of the town of Hempstead, in the county of Queens. Laws 1879, chap. 251. — " An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said county." Laws 1880, chap. 282. — " An act for the preservation of lobsters." Section 1. Whoever shall sell, or offer for sale, or have in pos- session with intent to sell, any lobster less than ter> and one-half inches in length, measurement to be taken from one extremity of the body to the other, exclusive of claws or feelers, shall, for every such offense be subject to a fine of five dollars; and in all prosecu- tions under this act the possession of any lobster not of the length herein prescribed shall hQ jn'iina facie evidence to convict. § 2. All forfeitures accruing under this act shall be paid one-half to the person making the complaint, and one-half to the city or town where the offense was committed. Laws 1880, chap. 453. — "An act to regulate the taking of clams and oysters in the waters of the State of New York on the south side of Staten Island." Chap. 704, Laws 1881. — "An act for the sale of oysters in all the cities and counties of the State of New York, and the better protection of the retail dealers in the same." Oysters may be sold in the shell by count or measure, but those not sold by count shall be sold in a stave measure, diujensions of which are provided, as follows: Bottom to be sixteen and one-half inches across from inside to inside ; top to be eighteen inches across from inside to inside, and twenty-one inches diagonal frotn inside chine to the top, and shall be by even or struck measure, and to be inspected and sealed under penalties provided. But the act does not affect the shipment to Europe of oysters by the barrel. Laws 1884, chap. 385. — " An act to cede lands under water of Gardiner's and Peconic bays to Suffolk county. Long Island, for the cultivation of shell fish." New York City Laws. Some of thelaw^s regulating oyster fishing and cultivation, in and about New York city, are found in the New York city Consolidation Act of 1882; chapter 410, Laws 1882, at sections '767, 768, 769, State of New York. 33 770, which regulate the taking and planting of oysters in the Har- lem river and the maintenance of private beds, with penalties and procedure. Penal Code. Section 441. — A non-resident taking or planting oysters for his own or benefit of a non-resident employer is guilty of a tnisdemeanor. Penalty, fine of $100, or six months' imprisonment, or both. § 442. — Dredging for oysters by steam or with a dreg weighing over tiiirty pounds prohibited and made a misdemeanor, § 640, subd. 8. — To take or carry away by any means the oysters or shell fish of another legally planted, or to remove, pull up or destroy any stake designating or marking out the lea;ally planted oyster bed ot another is a misdemeanor. Penalty, $250 tine, or six months' imprisonment, or both. FISHWAYS. Chap. 555 of the Laws of 1870. AN ACT to provide for the construction of fish ways in the State dams at Troy and Fort Miller. Section 1. It sliall be the duty of the canal commissioners of this State to cause to be constructed and maintained in the State dams across the Hudson river at Troy and Fort Miller, in such a manner as not to injure the said dams, fishways, at least one toot in depth at the edge of the dams, and of proper width to allow all fisi: endeavoring to migrate to the waters of the said river above the dam to pass over the same. The said fishways shall be placed at an angle of not more than thirty degrees, and extend entirely to the running water below the daiiis, and they shall be protected on each side by an apron at least one foot in height to confine the waters therein. The said fishways shall be constructed under the supervision of the fish commissioners of this State, and be located at such places in said dams, and built in such manner and of such materials as they may direct. § 2. Appropriation. I 3. This act shall take efi'ect immediately. Chap. 252 of the Laws of 1880. "AN ACT to provide for the construction of fishways in the State dams across the Oswego, Oneida and Seneca rivers." Section 1. It shall be the duty of the superintendent of public works of this State, to cause to be constructed and maintained, in all the State dams across the Oswego, Oneida and Seneca rivers, in such manner as not to injure the said dams, fishways at least one foot in depth at the edge of the dams, and of proper width to 3 :-J4 The Game Laws oi the allow all tish endeavoring to migrate to the waters of said rivers above the dams to pass over the same. The said fishwajs shall be placed at an angle of not more than thirty degrees, and extend entirely to the running, water below the dams, and shall be pro- tected on each side by a gunwale of at least one foot in height to confine the waters therein. The said fishways shall be constructed under the supervision of the superintendent of public works, and be located at such places in said dams and built in such manner and of such materials as he shall direct. § 2. Appropriation. I 3. This act shall take effect immediately. Chap. 501 of the Laws 1884. AN ACT to provide for the construction of lishways in the State dams across the Oswego and Seneca rivers. The People of the State of New York, represented in Senate and Assemhly, do enact as follows : Section 1. It shall be the duty of the superintendent of public works of this State to cause to be constructed and maintained in all the State dams across the Oswego and Seneca rivers, in such matmer as not to injure the said dams, fishways (where not now constructed), at least one foot in depth at the edge of the dams, and of proper width to allow all fish endeavoring to migrate to the waters of said rivers above the dams, to pass over the same. The said fishways shall be placed at an angle of not more than thirty degrees and extended entirely to the running water below the dams, and shall be protected on each side by a gunwale of at least one foot in height, to confine the waters therein. The said fishways shall be constructed under the supervision of the superintendent of public works, and be located at sucli places in said dams and built in such manner and of such materials as he shall direct. § 2. Appropriation. § 3. This act shall take etiect immediately. Chap. 212 of the Laws of 1862. — "An act to facilitate the ingress of salmon into Cayuga lake and for the protection of the same," compels the owners of dams across the Oswego or other rivers leading from the Cayuga lake into Lake Ontario, to erect and maintain suitable fishways for the free passage of salmon up said river and over said dams to the waters in Cayuga Lake. Penalty, for failure to construct, one hundred dollars for each months delay ; any person to bring suit and to retain one-half the recovery, the remainder to be paid to the commissioner of highways of the town where such recovery shall be had, to be applied in repaiiing the roads and bridges in said town. To spear, catch or kill salmon or other fisii, within ten rods of above fishways, is punishable by a penalty of twenty-five dollars for each oflfense, to be collected and dispost^d of as above. State of New York. Chap. 55 of the Laws of 1875. AN ACT to prohibit fishing near any fishway estabUshed by the State. The People of the State of New Fork., represented in Senate and Assembhj, do enact as foUoios : Passed March 30, 1875; three-fifths being present. Section 1. The corumissioriers of fisheries of this State are hereby required and directed to erect and maintain at a distance of eighty rods from any fishway established or constructed by the State in any stream or water-course within its boundaries, signboards, on which shall be plainly painted or inscribed the words following, to wit : " Eighty rods to the fishway. All persons are by law pro- hibited from fishing in this stream between this point and the fish- way ; " said signboards to be erected on both sides of the stream, above and below the fishway. § 2. No person shall catcli, or attempt to catch, fish with any device whatever, within a distance of eighty rods from any fishWay established or constructed by the State, in anj^ stream or water- course within its boundaries. § 8. Any person violating the provisions of the second section of this act shall be deemed guilty of a misdemeanor, and shall be liable, upon conviction thereof, to a fine not to exceed twenty -five dollars for every offense or be subject to not more than ten days' imprisonment in the county jail ; said fine to be recovered before any justice of the peace of the county wherein the oifense may be committed, who shall issue his warrant for thearrest of the offender upon the cotuplaint of any person duly verified. § 4. Any fine collected by virtue of the provisions of this act, shall be paid to the overseer of the poor of the town in which the ofiense was committed, to be applied by said overseer to the credit ot the poor fund of said town. Note. — The above act is substantially the same as sections twenty-nine and thirty of the Game Law of 1879, which possibly repeals it. Still, as there is a slight variation between the two, and a reservation from repeal of all laws relat- ing to the establishment of fishways in the act of 1879, it is printed for what it is worth - INCOUPORATION OF SOCIETIES OR CLUBS FOR FISH- ING AND HUNTING AND FOR FISH CULTURE. Fishing or hunting societies may be incorporated under the pro- visions of chapter 368 of the Laws of 1865, entitled "An act tor the incorporation of societies or clubs for certain social and recre- ative purposes," or by virtue of chapter 267 of the Laws of 1875, entitled "An act for the incorporation of societies or clubs for cer- tain lawful purposes." The Game Laws of the These acts provide that societies or clubs for social * * * hunting, fishing * * * or lawful sporting purposes may be incorporated. Their powers and liabilities are set forth in the act, also the manner of incorpora^tion. Under chapter 368, Laws 1865, it was held by the Supreme Court, in the case of The Ancient City Sportsman!' s Club v. Miller (7 Lans., 412), that a society or club could not be incorporated to enforce " all existing laws and oidi- nances for the preservation of game and fish," as not being within the intent of the Legislature, the State reserving to itself the power of enforcing its laws. Chap. 288. Laws of 1874, as Amended. "AN ACT to incorporate societies for the improvement of poultry, small birds and domestic animals, and lish culture." Section 1. Any number of persons, not less than thirteen, may associate and form an incorporation or company for the purpose of importing, raising and improving and breeding poultry, small birds, domestic and pet animals and fish culture, and collecting and disseminating useful knowledge concerning them, by holding fails, disbursing awards and premiums, and by publishing debates and transactions, and by such other lawful means as the members of the company may deem expedient, upon filing in the office of the secretary of state, and also in the office of the clerk of the county in which the business of said company is to be conducted, a declar- ation signed by all the incorporators, and acknowledged before any officer authorized to take the acknowledgment of deeds in this State, expressing their intention to form such company, together with a copy of the charter proposed to be adopted by tliem, and shall thereafter be a body corporate and politic by the name desig- nated in said charter. § 2. Such society shall have power to elect a president, one or more vice-presidents, secretaries and a treasurer, and may make a constitution and by-laws for their government, and may hold real estate or other property to the value of twenty thousand dollars. § 3. Societies organized under this act shall possess the powers and be subject to the restrictions and liabilities of title three of chapter eighteen of part one of the Revised Statutes. § 4. The stockholders of any corporation liereafter formed under this act or any act amendatory hereof or sup})lementary hereto, or extending the operation and effect hereof, shall, in addition to the liabilities provided, be individually responsible equally and ratably, in an amount equal to the extent of their respective sliares of stock in such corporation. The term stockholder as used in this section shall apply not only to such persons as appear by the books of the corporation or association to be such, but also to every equitable owner of stock, although the same may appear on such books in State of New York. 37 the name of another person ; and also to every person who shall have advanced the installments or purchase money of any stock in the name of any person under twenty one years of age, and while such person remains a minor, to the extent of such advance ; and also to every guardian or other trustee who shall voluntarily invest any trust funds in such stock ; and no trust funds in the hands of such guardian or trustee shall be in any way liable under the pro- visions of this act and the acts aforesaid by reason ot any such invest- ment, nor shall the person for whose benefit any such investment may be made, be responsible in respect to such stock until thirty days after the time when such persons, respectively, become com- ' petent and able to control and dispose of the same ; but the guardian or other trustee making such investment as aforesaid, shall continue responsible as a stockholder until such responsibility devolves upon the person beneficially interested tiierein ; and, in respect to stock held by a guardian or other trustee under a transfer of the same by a third person, or under positive directions by a third person for such investment, the person making such transfer, or giving sUch directions, and his executors and administrators shall, for the purpose of this act and the acts aforesaid, be deemed a stockholder; and the estate of such person, if he be deceased, shall be respon- sible for the debts and liabilities chargeable on such stock, accord- ing to the provisions of this act. § 5. This act shall take effect immediately. BOAKDS OF SUPERYISOKS. Section 40 of the General Game Laws of 1879 repealed all acts or parts of acts inconsistent therewith, reserving, however, among others, "the laws conferring upon boards of supervisors special powers to legislate for the protection of fish, birds and game." The laws conferring these powers on boards of supervisors gen- erally are as follows : Chapter 194 of the Laws of 1849, vesting certain legislative powers in boards of supervisors, reads as follows: " § 4, subd. 13. — To make such laws and regulations as they may deem necessary, and provide for the enforcing of the same, for the destruction of wild beasts, * * * and to provide for the protection of all kinds of game, of shell and other fish within the waters of their respective counties." * * * (This act was declared constitutional in Smith., Supervisor of North Hempstead v. Levinus., 8 N. Y., 472.) Laws 1875, chap. 482, conferring further legislative powers upon boards of supervisors, provides that, among others, they are empowered to pass laws. " § 16. To provide for the protection and preservation, subject The Game Laws of the to the laws of this State, of game, animals and birds, and of fish and shell fish in all waters within the territorial jurisdiction ot the county, and to prescribe and enforce the collection of penalties for the violation ot any laws or regulations they may make pursuant to the provisions of this subdivision." (Tills section and section 13 of chapter 194 of tlie Laws of 1849 are to be read together.) For other powers of supervisors and boards of supervisors in the premises, see sections 31, 37, 38 and 40 of chapter 534 of the Laws of 1879, as amended, hereinbefore set forth, and section 2 of chap- ter 591 of the Laws of 1880. as amended by chapter 317 of the Laws of 1883, supra. PENAL CODE. Section 433. — Using net or weir unlawfully in Hudson liiver. — A person who nses any net or weir for setting or attaching nets or a pole or other fixtures in any part of the Hudson river, except as permitted by statute, is guilty of a njisdemeanor. § 265. — Ptihlic sports on Sunday. — Ail shooting, hunting, fish- ing, plaj'ing, horse racing, gaming or other public sports, exercises or shows upon the first day of the week, and all noise disturbing the peace of the day are prohibited. (See sec. 32 of chap. 534, Laws 1879, p. 21.) § 269. — Penalty. — Sabbath breaking a misdemeanor ; punish- able by a fine not less than one dollar and not more than ten dollars, or by imprisonment in a county jail not exceeding five days, or by both. §408. — Disposing of tainted food. — A person who with intent that the same may be used as food, drink or medicine, sells or offers or exposes for sale any article whatever which to his knowledge is tainted or spoiled, or for any cause unfit to be used as such food, drink or medicine, is guilty ot a misdemeanor. §640, subd. 10, — To kill, wound or trap any bird, deer, squirrrei, rabbit or other animal within the limits ot any cemetery or public hurying ground or of any public park or pleasure ground, or to remove tiie young of such animals, or eggs of such birds, or know- ingly to purchase the same, is a misdemeanor, punishable by imprisonment not exceeding six months, or a fine not exceeding two hundred and fifty dollars, or both. § 15. A misdemeanor, where no special punishment is prescribed, is punishable by imprisonment in a penitentiary or county jail for not more than one year, or by a fine of not more than five hundred dollars, or both. (For the provisions of the Penal Code for the protection of oysters and other shell fish, see page 33.) State of New York. 39 BAY CONSTABLES. Laws 1875, chap. 89. — " An act providing for the election of bay constables in the towns of Brookhaven, Islip, Babylon and Hunt- ington, in the county of Sufltblk, and to define tlieir duties; also to repeal section eight of chapter two hundred and thirty-four of the Laws of eighteen hundred and seventy, entitled ' An act for the preservation of shell fish in the waters of the South bay, Suffolk county.' " Laws 1875, chap. 402. — " An act providing the election of bay constables in the town of East Hampton, in the county of Suffolk, and to define their duties." (See sec. 35, Game Law of 1879.) NEW YORK CITY GAME LAWS. Special and local laws afiecting fish, game and birds in New York city can be found in the Consolidation Act of 1882, chapter 410, Laws of 1882, at sections 736, 737, 738, 739 and 743, relating to fish, fishing, nets, fykes, poles, etc., and providing penalties for illegal fishing and netting, contrary to its provisions. Section 2025 relates to song birds in New York cit}^, prohibits their killing, etc., and regulates their having in possession. Section 1306 authorizes any justice of a district court to issue, .under certain restrictions, warrants of arrest and search warrants under the game laws of this State. Chap. 361 of the Laws 1879. AN ACT for the preservation of song and small birds. Section 1. No person shall kill, wound, trap, net, snare, catch with bird lime, or with any similiar substance or drug, or in any other manner capture, or sell, expose for sale or transport, during the months of April, May, June, July, August, September or October in any year, any bird of song, or any linnet, blue bird, yellow hammer, yellow bird, thrush, woodpecker, cat bird, pewee, swallow, martin, blue jay, oriole, kildee, snow bird, grass bird, gross beak, j)hoebe bird, humming bird, black bird, wren, excepting birds bred in a cage or imported from Europe or the southern United States. No person shall kill or expose for sale, or have in his possession after the same has been killed, any robin, meadow lark, or starling between the first day of January and the fifteenth day of October, save only when such birds are killed on premises of the persons killing, and while they are destroying fruit. This section shall not apply to any person who shall kill any bird tor the purpose of studying its habits or history or having the same stufied and set up as a specimen. This act shall apply only to the counties of New York, Kings, Albany, Richmond, and Rensselaer. The Game Laws of the § 2. Any person violating this act shall be deemed guilty of a noisdemeanor, punishable by imprisonment in the comity jail or penitentiary, of not less than five or more than thirty days, and shall also be liable to a penalty of fitty dollars, to be recovered with costs, by any person sning therefor in his own name § 3. In all actions for the recovery of penalties under this act, one-half of the recovery shall belong to the plaintiff, and the remainder shall be paia to the county treasurer of the county where the offense is committed, except if the offense be committed in the city and county of New York then said remaining half penalty shall be paid to the chamberlain of said city. Chap. 416 of the Laws of 1881. AN ACT to exempt the waters of Otsego lake from the pro- visions of sections eighteen, twenty and twenty-three of chapter five hundred and thirty-four of the Laws of eighteen hundred and seventy-nine, entitled '* An act for the preser- vation of moose, wild deer, birds, fish and other game, and from the provisions of said section twenty-three as amended by chapter four hundred and thirty-one of the Laws of eighteen hundred and eighty — repealing section eight of chapter four hundred and thirty-one or the Laws of eighteen hundred and eighty — and for the protection and preserva- tion offish in the waters of Otsego lake." The People of the State of New York^ represented in Senate and A ssemhly, do enact os follows : Section 1. The waters of Otsego lake, in the county of Otsego, are hereby excepted from the provisions of sections eighteen, twenty and twenty-three of chapter five hundred and thirty-four of the Laws of eighteen hundred and seventy-nine, and from the provi- sions of said section twentj^-three as amended by section one of chapter five hundred and thirty-one of the Laws of eighteen hun- dred and eighty. * * * •jfr * * * § 3. Until the board of supervisors of the county of Otsego shall, under and in pursuance of section thirty-seven of chapter five hun- dred and thirty-four of the Laws of eighteen hundred and seventy- nine, make provisions for the protection and preservation and regulating the taking of fish from the waters of said Otsego lake, no person shall kill or catch or attempt to take, kill or catch any fish in the waters of Otsego lake in any manner or with any device except angling with liook and line held in hand. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to pay a penalty of one hundred dollars for each and every offense to be recovered, as provided in section thirty-three of chapter five State of New Yofk. 41 hundred and thirty-four of the Laws of eighteen hundred and seventy-nine, and as provided in chapter five hundred and thirty- one of the Laws of eighteen hundred and eighty. § 4. This act shall take effect immediately. Chap. 185 of the Laws of 1884. AN ACT for the better protection of game in Richmond county. The People of the State of New York^ represented in Senate and Assembly^ do enact as follows : Section I, From and after the passage of this act, it shall not be lawful for any nonresident of the county of Richmond to shoot game in any of the towns ot said county without having first obtained from a justice of the peace, living in said county, a license for the privilege of so doing. The fee for such license, which shall be good only during the year in which it is granted, shall be ten dollars, and shall be granted as of course by the justice applied to, unless he has proof that the applicatit has been convicted ot a viola- tion of this act. § 2. The money so received by said justices of the peace for such license fees shall be paid by them monthly to the treasurer of said county of Richmond. § 3. Any person violating any of the provisions of this act shall, upon conviction, be fined not less than ten nor more than twenty- five dollars. § 4r. This act shall take effect immediatel}'. Chap. 247 of the Laws 1884. AN ACT for the preservation of fish in the Hudson river. The People of the State of New York, represented in Senate and Assembly^ do enact as follows : Section 1. No person shall draw or use any seine, or catch or kill any fish by means of any seine in any of the waters of the Hudson river contained, between any trestle or bank of any railroad running along said river and the adjacent bank of said river. And au}^ person violating any of the provisions ol this section shall be deemed guilty of a misdemeanor. § 2. This action shall take effect immediately. The Game Laws of the Chap. 485 of the Laws 1885. AN ACT relating to game in the counties of Queens and Suffolk. Passed June 11, 1885. The People of the State of New York^ 'represented in Senate and Assembly^ do enact as follows : Section 1. No person shall kill, or have in possession after the same has been killed, in the coiiDties of Queens and Suffolk, any ruffed grouse, commonly called partridge, from the first day of January to the first day of November in each year, under a pen- alty of twenty-five dollars for each bird or animal so killed or liad in possession. § 2. No person shall, in said counties, kill or have in possession any bay snipe, sandpiper, shore bird or plover from the first day of January to the tenth day of July in any year, or any rail bird or meadow hen from the first day of January to the first day of Sep- tember in any year, under a penalty of ten dollars for each bird so killed or had in possession. § 3. All penalties imposed by this act may be recovered, with costs of suit, as fixed by the Code of Civil Procedure, by any person in his own name, or by any incorporated society in its name, before any justice of the peace in the county where the offense was com- mitted, or in any adjoining county, where the amount recovered does not exceed the jurisdiction of said justice, and sucli penalties may be recovered in the like manner in any court of record in said counties, § 4. Any person violating any of the provisions of tliis act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five dollars, or of not more than at the rate of one day for every dollar of the penalty provided by the section so violated, or by imprisonment in the county jail or penitentiary for a period of not less than five days nor more than at the rate of one day for every dollar of any such penalty, or by both such tine and imprisonment in the discretion of the court. § 5. This act shall take effect immediatel}'. Chap. 556 of the Laws 1885. AN ACT to prevent the taking of fish from the waters of Chautauqua lake, by other means than angling. Passed June 13, 1885. The People of the State of New York^ represented iti Senate and Assembly, do enact as follows : Section 1. No person shall at any time kill in Chautauqua lake, or take from the waters thereof any fish of any kind, except as taken by the commissioners of fisheries for the purpose of artificial- State of New York. 43 propagation or the stocking of other waters by any device or means whatever, otherwise than by hook and line. § 2. No person shall have in his or her possession, at any time, in or upon the ice or w^aters of Chautauqua lake, any trap or pound net, stake poles, fish house, spear, instrument or device of any kind which may be used for killing or taking fish, except a hook and line. § 3. Any person violating this act shall be guilty of a misde- meanor and liable to a penalty of fifty dollars for each offense. § 4. All penalties imposed by this act may be recovered with costs of suit before any justice of the peace in any town bordering on Chautauqua lake or in a court of record in Chautauqua county. The district attorney of said county is hereby required to com- mence, in the name of the people of the State of New York, for the recovery of the penalties hereby alh^wed, immediately upon receiving proper information of the violation of this act; and any penalty so recovered in a court of record shall be paid to the superintendent of the poor of said county for the benefit of said county poor. One-half of the penalty recovered under this act • ebfore any justice of the peace shall belong to the person giving information upon which the action is brought, and the other one- half shall be paid to the supervisor of the town in which the action is brought, for the use of said town. All judgments for penalties recovered under this act, with the interest thereon, may be col- lected and payment enforced thereon by execution, and in case of failure to pay the same or any part thereof, the person on whom such penalty is imposed shall be committed to the county jail of said county for a period of not less than ten days, and at the rate of one day for every dollar thereof Such imprisonment shall not be a satisfaction for such judgment. All charges under this act when made before a justice of the peace shall be a town charge; when in a court of record, a county charge. § 5. That portion of chapter four hundred and eighty-two of the Laws of the State of New York, passed eighteen hundred and seventy-five and chapter one hundred and twenty-two of the Laws of New York, passed eighteen hundred and seventy-eight, and all other acts or parts of acts as are inconsistent or conflicting with this act, relative to the taking of fish from Chautauqua lake, or relative to the powers conferred upon the board of supervisors to regulate such taking of fish from Chautauqua lake, are hereby repealed. § 6. This act shall take effect immediately. 44 The Game Laws of the State of New Fork. Chap. 557 of the Laws 1885. AN ACT for the better preservation of wild deer. Passed June 13, 1885. The People of the State of New YorTc^ represented in Senate and Assenibly, do enact as follows : Section 1. No person shall hunt or pursue any wild deer in this State with any dog or bitch, except in the county of Suffolk, where it shall be lawful to hunt with dogs during the first ten days of October, excluding Sundays, in each year. If any dog or bitch shall be found so hunting or pursuing in the State, it shall ho p?'ima facie evidence of the" violation of the foregoing provision of this section by the owners of, or person or persons having or harboring such dog or bitch. Any person offending against any of the pro- visions of this section shall be guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each and every such violation to be sued for and recovered as provided by chapter five hundred and thirty-four of the Laws of eighteen hundred and seventy-nine, as amended, for the recovery of the penalties thereby imposed. § 2. This act shall take effect immediately. INDEX. ADIRONDA.CKS, page. stocking in region of 15 fish haicheiy to be established in 30 ANGLKR'8 ASSOCIATION, ST. LAWRENCE RIVER, officers of 3 members of 4 ANGLING WITH HOOK AND LINE, in Lake Ontario 16 in Onondaga lake 16 in Niagara river 16 in Oneida lake 16 in Seneca lake 16 in Cross lake 16 in St. Lawrence river 16 in Hudson river 16 in Lake Ontario 16 in Black lake .' 17 in Mud lake 17 in Yellow lake 17 penalty for not 17 in Otsego lake 40 in Chautauqua lake 4'4 ALDERMEN. BOARD OF. in New York City 23 may employ special detectives .... 22 may pay awards 23 may raise tax 32 BASS, in Lake Mahopac 15 in Columbia county 15 in Schrooii lake 15 in Paradox lake . 15 in Friends lake . . 15 in Lake George 15 ill Brant lake 15 black bass 15 Oswego bass 15 striped bass 15 in St. Lawrence river 15 in Clyde river 15 in Seneca river 15 in Oswego river 15 in Lake Erie ... 15 in Lake Ontario 15 in Lake Conesus 15 in Niagara river 15 size of bass 15 sale of bass 15 weight of bass 15 BAY CONSTABLES, duties of 22 penalties for failure to act 22 powers of ... 23 in Brookhaven 39 46 Index. BK.Y CONSTABLE'S,— Continued. paob. in Islip 39 in Babylon 39 in Huntington 39 in East Hampton 89 BIRD LIME, prohibited ... 39 BIRDS, song and small 12 shall not be killed or had in possession 12 except for specimens 12 birds named 12, 39 in New York city 39 under Penal Code. 38 preservation of song and small birds, act for 39 exceptions 39 penalties 40 penalties, how divided 40 BIRDS, WILD, eagle 12 night hawk 12 may be killed for specimens 12 nests are not to be robbed or destroj^ed 12 crows, black birds, hawks and owls excepted 12 BITCHES, not to pursue wild deer with 44 BL A.CK BASS 15 BRANT, when may be killed 10 on Long Island 10 penalty for 10 when may be had in possession 10 floating battery prohibited 10 decoy prohibited 10 Great South bay 1 Peconic bay 1 Shinnecock bay 1 Lake Ontario 1 not to sail for by steam or sails 1 Long Island Sound excepted ■ . . . 1 Lake Ontario excepted 1 Hudson river below Nyack excepted 1 not to be killed between sunset and daylight 10 hunting with light or lantern 10 person in water with gun and hintern 10 swivel or punt gun prohibited .... 10 nets or other devices prohibited 10 CALIFORNIA TROUT 25 CANADA PARTRIDGE. {See Partridge.) CHAUTAUQUA LAKE, taking of fish from, except by angling, prohibited .42 penalties 43 how enforced 43 CLAMS. {See Shell Fish.) CLUBS. {See Societies.) Index. 47 CONSTABLE, '^ob- duties of 22 penalties for failure to act 22 powers of 22 COMMISSIONERS OF FISHERIES. names of . . . 3 to erect sign-boards at State fish-ways 20 to erect sign-boards at State hatcheries 20 laws relating to, unrepealed 25 to direct and control game and fish protectors 27 to divide the State into protection districts 27 to assign protectors for temporary duty 27 to assign each protector a district 27 to report protectors to Governor. 28 fish commission established 28 duties of commissioners 28 vacancies in otfice 28 a commissioner to reside either in Kings, Queens or Suffolk 28 may sue for penalties 28 may take fish for propagation 14, 29 how to stock the Adirondacks 15 appropriation for, to stock public streams 30 to establisli fish hatchery in the Adirondack forest : . . 30 COTTON'S DAM 16 COUNTY TREASURER, to satisfy judgments 26 to receive fines 26 to pay expenses of suits 86 to pay witness fees and disbursements on the requisition of the district attorney 26 to pay one-half of fines into State treasury 26 to pay game protectors oue-balf of fines and penalties collected 26 to pay expenses of destruction of nets •. 27 COURTS, having jurisdiction 22 , H9 to issue warrants 24 how issued 24 when issued 24 against non-residents . ... 24 to issue search warrants 24 DEER, wild, when may be killed or chased 9 when may be sold 9, 23 transported or bad in possession 9 not to be trapped or killed by trap or spring gun 9 in Queens and Suffolk counties 9 not to be pursued with dogs in St. Lawrence county 9 not to be yarded 10 penalty 10 penalty for killing, pursuing with dogs, or having in possession 9 not to be hunted or pursued with dog or bitch, Suffolk county excepted, 44 not to be killed by crusting 10 penalty 10 DETECTIVES 22 DISTRICT ATTORNEY, to prosecute actions for penalties 21, 26 costs 21, 26 may discontinue actions without costs 25 48 Index. DISTRICT ATTOB.l^i'EY— Continued. taqt. may retain costs if collected 26 to satisfy judgments 26 to certify to action brought by game protector , 26 DOGS, in actual pursuit of wild deer may be killed 9 not to pursue wild deer with 44 in private parks 20 DUCK, WILD, not to be killed between sunset and daylight 10 hunting with light and lantern 10 person on water with gun and lantern 10 swivel or punt gun prohibited 10 nets or other devices prohibited ... 10 when may be killed or exposed for sale 10 on Long Island 10 penalty for 10 when may be had in possession 10 floating battery prohibited 10 decoy prohibited 10 Great South bay 1 Peconic bay 1 Shinnecock bay .• 1 Lake Ontario ... 1 not to sail for by steam or sails 1 Long Island Sound excepted 1 Luke Ontario excepted 1 Hudson river, below Nyack, excepted 1 FAWN, in its spotted coat, not to be killed 9 not to have in possession carcass 9 or skin of, after killed , 9 penalty for killing ; 9 having in possession 9 FERRICTS 11 FINES 22 to whom to be paid 22, 26 how enforced 22 in New York city . . 22 one-half to be paid to game protectors 26 FISH AND GAME PROTECTORS. {See Protectors of Fish and Game.) FISH COMMISSIONERS. {See Commissio tiers of Fisliei-ies.) FISH CULTURE, societies may be formed for 36 FISH HATCHERIES. {See Gommissioners of Fisheries and Fish- Ways.) FISHING WITH HOOK AND LINE. {See Angling.) FISH- WAYS, in the State dam at Troy 33 at Fort Miller 33 across Oswego river 33, 34 across Oneida river 33 across Seneca river 33, 34 - sign-boards at 20, 35 Index. 49 FISH-WAYS — Continued. pagb. Fishing within eighty rods of State fish- ways prohibited 20, 35 destroying or defacing sign-boards prohibited 20 for salmon 34 FOWL, WILD, not to be sailed for or shot at from vessel propelled by steam or sails. . . 11 Long Island Sound, Lake Ontario and Hudson river below Nyack excepted 11 GAME CONSTABLE, duties of 22, 23, 24 powers of 22, 23 penalties for failure to act 22, 24 boards of supervisors to provide for election of 23 in Kings county 23 term of office of 23 how chosen 23 compensation of 24 costs of suit a county charge 24 to receive one-half of penalties recovered 24, 25 GOOSE, WILD, when may be killed 10 on Long Island 10 penalty for 10 when may be had in possession 10 not to be killed between sunset and daylight 10 hunting with light or lantern 10 person on water with gun and lantern 10 swivel or punt gun prohibited 10 nets or other devises prohibited 10 floating battery prohibited 10 decoy prohibited ... 10 Great South bay 11 Peconic bay 11 Shinnecock bay 11 Lake Ontario 11 not to sail for by steam or sails 11 Long Island sound ex<;epted 11 Lake Ontario excepted 11 Hudson river below Nyack excepted II GROUSE, (See Partridge and Prairie Chicken.) HARE, when may be killed, exposed for sale, or had in possession 11 orchard and nursery owners excepted 11 when may be sold or had in possession 22 HUDSON RIVER, act for the preservation of fish in 41 LAKE GEORGE, fishing in 16 LAKE TROUT 15 LAWS, repealed 25 LOBSTERS. {See Shell-fish.) MISDEMEANOR, how punished under Penal Code 38 how punished under game laws 32 4 50 Index. MOOSE, PASE. Dot to be killed, chased with dogs or taken 10 not to be had in possession after killed or taken 10 penalty 10 MUSCALONGE 15 NETS, prohibited 13 Lake Ontario excepted 13 Oswego river 13 Lake Ontario 13 Niagara river 13 private wai ers 13 contraband, when 26, 27, 17, 14 nuisances, when 26, 27, 14 mny be destroyed, when 26, 27, 17, 14 in possession on shore 17 size of meshes of nets and fykes 18 in Richmond county 18 Long Island 18 menhaden nets 18 Lake Ontario. . 18 Lake Erie 18 Hudson river 18 (/Oney Island creek 18 for bait 1^ for eel fishing 18 in Great South bay 18 for flounder fishing 18 fish netted not to be sold '. 18 Walkill river 19 destruction of, a county charge 27 fish commissioners to take possession of confiscated nets 30 shad nets ^0 NESTS, robbing of 12 excepiions 12 under Penal Code 38 in New York city 39 NEW YORK CITY 32, 39 shell fish in 32 fish in 39 game in 39 birds in 39 netting in ?9 song birds in 39 warrants of arrest in 39 search warrants in 39 OSWEGO BASS 15 OTSEGO LAKE. exempted from provisions of game law 1879 40 supervisors of Otsego county to make special laws for 40 netting in, prohibited 40 penalties - 40 OYSTERS. ■ {See Shell Fish.) PANTHER, State bounty for 20 proof of killing r ^ bounty, how paid 21 Index. 51 PARTRIDGE, page. when may be killed, exposed for sale or had in possession 12 nets, traps or snares prohibited 12 nets, traps or snares may be destroyed 12 selling trapped, prohibited 12 Canada or spruce e;rouse 12 when may be sold or had in possession 22 PENAL CODE, using net in Hudson river, except as permitted by statute, a misdemeanor, 38 public sports on Sunday 38 hunting on Sunday prohibited 38 fishing on Sunday DrDhibited 38 disposing of tainted food prohibited 38 to kill or catch an animal or bird in a public park or cemetery prohibited, 38 penalties 38 misdemeanor, how punished 38 non-resident taking or planting oysters 33 dredging for oysters by steam 33 dredging for oysters with a dredge weighing over thirty pounds 33 removing or destroying stakes 33 PENALTIES. how lecovered 21 where suit to be brought 21 cosi s of suit 21 district attorney to prosecute 21 judgments, how enforced 21, 29 if collected, how distributed 24, 25 to be sued for by commissioners of fisheries 29 PRAIRII': CHICKEN, when may be killed, exposed for sale or had in possession 12 nets, traps or snares prohibited 12 nets, traps or snares may be destroyed 12 selling traps prohibited 12 when may be sold or had in possession 22 PROTECTORS, FISH AND GAME 25 names of 6 number of 25 duty of : 25 terms of office of 26 vacancies 26 to receive one-half of fines and penalties recovered 24, 25, 26 to make certificate of destruction of nets 27 may arrest without warrant 27 salary and expenses of 27 to report to (comptroller annually 27 to report to fish commissioners monthly : . . : 28 to be reported to the governor for dereliction or neglect of duty 28 removal of 28 PRIVATE PARKS, sign boards to be erected . . 13, 19 notice not to trespass may be served 13, 19 penalty for injuring sign-boards 13, 19 game in 19 trespassing prohibited 12, 19, 20 hunting and fishing in, prohibited 20 boards of supervisors cannot legislate for. 23 poisoning fish in I 20 poisoning game in 20 malicious mischief in 20 dogs in 20 52 Index. PRIVATE STREAMS. page. fishing in, prohibited , 12 notice of privacy of stream to be given i2 signboards to be erected 13 notice not to trespass may be served 13 penalty for injuring sign-boards 13 defined 14 QUAIL, when may be killed, exposed for sale or had iu possession 11 in Montgomery county 11 in Albany county 11 in Schenectady county 11 in Saratoga county 11 nets, traps or snares prohibited 12 nets, traps or snares may be destroyed 12 selling trapped, prohibited 12 when may be sold or hud in possession 23 QUEENS COUNTY, deer in 9, 42 relating to game in 42 trout in 14 RABBIT, when may be killed, exposed for sale or had in possession 11 orchard and nursery owners excepted 11 when may be sold or had in possession 22 REPEAL OF LAWS 25 REWARDS 22 RICHMOND COUNTY, protection of game in 41 ST. LAWRENCE COUNTY, not lawful to pursue wild deer with dogs 9 ST. LAWRENCE RIVER, ANGLERS' ASSOCIATION OF 15, 16 {See Anglers^ Association.) SALMON, how to be caught ._ ... 13 in Lake Ontario 13 in Niagara river 13 when to be caught 14 size of 14 not to be caught for re-stocking 14 State excepted 14 private hatcheries excepted 15 fish-ways for ingress of, into Cayuga lake 34 into Lake Ontario 34 catching within ten rods of fish ways prohibited 34 penalty for 34 SALMON TROUT 15 SEARCH WARRANTS 24 in new York city 39 SHAD, when may be caught 29 penalty for illegal catching 29 to be propagated by fish commissioners 29 SHELL FISH, dredging for clams, oysters and shell fish .... -32 planting oysters in town of Hempstead 32 Index. 53 SHELL FISH — Continued. page. societies for planting, etc., oysters 32 lol)Sters 33 size of 33 penalty 32 taking of, regulated south of Staten Island 33 Staten Island, waters of 33 oysters to be sold by count or measure 38 dimensions of measure 33 Gardner's and Peconic bay, cultivation in 33 New York city laws 33, .S3 Harlem river 33 non-residents taking or planting oysters guilty of a misdemeanor 33 in the Hudson river 31 Jamaica bay 31 towns of Hempstead and Jamaica 31 Queens county 31 towns of Islip !ind Huntington 31 in Richmond county 31 unlawful taking of 31 South Bay 31 Great South Bay 31 dredging for oysters by steam prohibited 33 dredging with dreg weighing over tliirty pounds prohibited : 33 to steal oysters a misdemeanor 33 stakes marking out or designating oyster beds not to be moved, pulled up or destroyed 33 SHERIFF, duties of 32 penalties for failure to act 22 powers of 23 SOCIETIES 35 may be incorporated for hunting 36 for fishing 36 for lawful sporting purposes 36 for improvement of poultry 36 small birds 36 domestic animals 36 fish cuHure 36 SONG BIRDS, {See Birds, song and small.) SPRING GUN 9 penalty 9 SPRUCE GROUSE, {See Canada Partridge.) SQUIRREL, BLACK, when may be killed, exposed for sale or had in possession 11 SQUIRREL, GREY, when may be killed, exposed for sale or had in possession 11 STATE FISHERIES, (See Commissioners of Fislieries and Fish-ways.) STATE LANDS OR WATERS, not to be leased 13 STRIPED BASS 15 SUFFOLK COUNTY, deer in 9, 42 trout in 14 54 Index. SUFFOLK COIJ^TY — Continued. paoe. when lawful to pursue wild deer with dogs and bitches in 44 relating to game in 42 SUNDAY, shooting, trapping, hunting or caging birds or beasts prohibited 38, 21 having in possession implements for same prohibited 21 fishing 38 SUPERINTENDENTS OF HAT(;HER1ES, names of superintendents 3 SUPERVISORS, BOARDS OP, no authority over lands and waters wholly private 23 to authorize election of game constables in towns 23 in Kings county 23 to audit and allow costs of suit 23 to raise tax 22 may employ special detectives. 22 may pay awards 22 may make laws for the protection of game 28, 37, 38 may prohibit hunting and fishing in counties 23 laws to be published 23 certified copy of same to be filed in clerk's oflBce 23 TAX, may be raised 22 supervisors to raise tax 22 TONAWANDA CREEK 16 TRESPASSING, prohibited 12, 19, 20 notice not to trespass 13 sign boards to be erected 13 notice not to trespass may be served 13 penalty for injuring sign-hoards 13 TRAPS, for wild deer prohibited 9 penalty 9 TROUT, how to be caught IS speckled 13 brook 13 salmon 13 when to be caught 14 Queens county 14 Suffolk county 14 California trout 14, 25 size of 14 not to be caught for re-stocking 14 State excepted 14 private hatcheries excepted 15 salmon trout in the inland lakes ^ 15 lake trout 15 VENISON, fresh, may be sold, transported or had in possession, when 9. - 23 WARRANTS, courts to issue 24 how issued 24 when issued 24 for non-residents 24 search warrants 24 Index, 55 WARRANTS — Continued. page. i!;ame protector may arrest without warrant 27 in New York city 39 WATER. shutting or drawing off, prohibited 16 polluting of, prohibited 17 WOLVES, state bounty for 20 proof of killing ... 20 bounty, how paid ... 20 WOODCOCK, when may be killed, sold or had in possession 11 in Oneida county 11 in Delaware county 11 when may be sold or had in possession 23 57 We Have Recently Opened a Retail Dep't From which we are prepared to SUPPLY ANGLERS With our well-known manufactures, embracing FISHING TACKLE OF EVERY DESCRIPTION. If your dealer does not keep our goods in stock, do not let him palm off on you the miserable trash with which the country is flooded, but send us 50 Cts. for our MAGNIFICENTLY ILLUSTRATED CATALOGUE Which contains more than twice as many wood cuts as are in any angling catalogue issued. We place it in the power of every Angler to obtain FIRST-CLASS GOODS AT FAIR FIGURES. We remove his necessity of ever buying worth- less tackle ; we protect him from exorbitant prices. Do not believe any dealer who professes to sell our goods unless he can show our name or trade-mark on the goods, he offers you as being of our man- ufacture. ABBEY & IMBRIE, 18 Vesey Street (fourth door from Aator House), New Yovk City. 5 58 Season J}[olisaqd jslaqd Holise, ALEXANDRIA BAY, N. Y. i88i. ^HIS popular Hotel, during the past two yearp. has been classed by its patrons with the finest hotels of the irreat watering-places. It has been thoroughly refitted and renovated for the coming season. A general reduction in prices for the coming season, especially dnrine the months of June and September. The Thousand Island House is situated at Alexandria Bay, directly on the famous and historic river St. Lawrence — its scenery is absolutely nnequaled. It has become a well-noted fact that there is actually no other region of resort in Anieri.._ ^*. „■*:• ^^ ■' 1 - '^ ^ W"^"-^ A w012y--rm"'] "l!j5u_"I^H '•:: '^ fiijjif S@a$oin) «i^{ loilg ^eactt Hotel. LONG BEACH, LONG ISLAND. Taie Ferry foot of East '^<\th Sti-eet. fHE charmina; cliraale of Long Beach, its cool breezes, the absence of mosquitoes and tlie ordinary plagues of summer waterini;-plrtces, its easy accessibility to New York, and the class of people that ha* already contrihuted to its character — all these have established it as the First of all Kesorts on the Atlantic Coast. The natural conditions, the topography of the beach, and the tidal flow, has made the location without a rival in a sanitary point ol view. The climate is a specific for hay fever, and lor all such stubborn ailments. It is now conceded that there is no such bathing beach anywhere on the sea-coast as at Long Beach. The fishing for the last two seasons has been better here than at any other point on the Long Island coast. Boats for rowing, sailing and blue fishing will be provided ; and all the diversions for which the south side of Long Island is celebrated will be enjoyed this summer iu their lullest degree by the guests at the Long Beach Hotel. A large Bowling-alley has been added, which is a constant source of amusement for ladies and children. Hot salt water baths. This immense hotel was completely remodeled in 1882. The best musical talent has been engaged. Frequent and Fast Trains through from Hunter's Point and Broolvlyn, will be run by the Long Island Railroad, making the time to the Beach in forty-five minutes, with no change of Cars. Special rates for families. Terms $17.00 to $28,00. SOUTHGATE, MURRAY & WILKINSON, Proprietors. 60 Messrs. W. S. KIMBALL & CO^, Desiies to call particular attention to the following brands of fine smoking tobacco, manufactured expressly with a view of meeting the wants of the connoisseur. Nlixrtiares tor Pipe or Cigtirette. THREE KINGS, Turkish, Penique and Virginia. MELLOW MIXTURE, Turkish and Perique. TURKISH AND VIRGINIA. PERIQUE AND VIRGINIA. GENUINE TURKISH. * * TOBACCO. ***** CIGARETTTES. * * VANITY FAIR. OLD GOLD. * Unequali'd for Purity and Excellence. \%\ FRAGRANT VANITY FAIR. ATTnnpr. rje ,n CLOTH OF GOLD. NlGGtR HEAD. \ THREE KINGS. BULLS E YE. !* SUPERLA TIVE. BLACK AND TA/Y. ,^| over 200,000,000 sold in issi. 'illPPRT iTIVP rirSRPTTRQ ^ strictly first-class article. A trial will convince you they lave 110 equal both as regards price and quality. 14 " " First Frize Peerless Tobacco Works, Rochester, N.Y, MEDALS Established 1846. TAKE THE ROME, WHTERTOWN AND OGDENSBURG R. R. FOR THE FAMOUS FISHING GROUNDS | OF The River St. Lawrence and the Adirondack Region, the Sportsman's Paradise. Through Drawing-Room and Sleeping Car Service, BETWEEN NEW YORK, ALBANY, UTICA, HOME, SYRACUSE, ROCHESTER, NIAGARA. FALLS and CAPE VINCENT ( St. Lawrence River), OGDENSBURG, POTSDAM and NORWOOD. Connecting at Cape Vincent with PALATIAL STEAMERS, making two round trips (daily except Sundays), For WOLF ISLAND, KINGSTON, ONTARIO, CLAYTON, ALEXANDRIA BAY, and all St. Lawrence River points. Ui.doubtedly the best B^SSrturf MUSVA-LONOUE FISHING ©J2017JV1>S in the world will be found in the vicinity of Wolf Island, just off Cape Vincent, reached only by this line. Address the General Passenger Agent, Oswego, N. Y., for a copy of a Handsomely Illustrated H. M. BRITTON, &en'l Manager. Tourist Guide. .^ p p^ggQjjg, (jen'l Pass. Agent, 61 Published by THE ANGLERS' PUBLISHING CO., 252 Broadway, New York. <■ ♦ ■» The Angler's Guide Book. Compiled and edited by Wm. C. Harkis, editor Avieiican Angler. Just out. Contains the names and location of more than 10,000 rivers, lakes, ponds and streams in the United States and the Canadas, with directions how to reach them ; hotel charges ; cost of guides, boats, bait, &c. : also species of fish caught ; which variety is most abundant ; the best month to fish for them ; best baits ; the favorite grounds of local anglers, &c., &c. It consists of more than 250 pp.. of solid nonpariel type ; is printed on tinted paper and handsomely bound in cloth and gold. Price $1.00. The American Angler. A Weekly Journal devoted exclusively to fishing and fish culture ; twenty-four pages ; illustrated. Invaluable to the angler and fish culturist. Seth Gref.n has charge of the Fish Culture Department. Issued on Saturdays. Subscription, $3 a year. Specimen copies free. The Angler's Score Book. Contains blank forms ( with stubs ) for registry of fish caught ; their species, size, weight, baits used, waters fished in, with con- ditions of wind, water and weather. Pocket size, paper cover, 10 cents ; in limp cloth, 25 cents. The Fishes of the East Atlantic Coast. A practical book on the salt-water fishes of the Atlantic Coast, giving the scientific and popular descriptions, habits, habitat, when, where and how to catch them, of forty-two fishes that are caught with hook and line ; twenty-eight engravings drawn from nature. Handsomely bound in cloth. Price $1.50. Portraits of Game Fishes. On gray tinted Bristol board, 7x9 inches, at the following prices, post-paid : Single copies, 10 cents ; Fresh Water Series (23), at $2.00; Salt Water Series (37) at $3.50; Whole Series (60), at $5.00. The list includes all the game fishes of American waters. Descriptive Catalogue free. Address THE AMERICAN ANGLER, 252 Broadway, New York. 62 Valuable Books for Sportsmen, FLY RODS AND FLY TACKLE. Suggestions as to their Manufacture and Use. By Henry P. Wells. Illustrated. Pp. 364. Post 8vo, Illuminated Cloth, $2.50. Contents. — Fish Hooks and the Principles which Govern their Efficiency — How Fish Hooks are Made. — Lines. — Leaders. — Reels. — Rods and Rod Material. — Rod Making. — Repairs. — Casting the Fly. — Flies and Fly-Fishing. — Miscellaneous Suggestions. Mr. Wells has devoted more time and | attention to the materials used in fly- j fishing than any person we know of, and 1 his experience is well set forth in this most valuable book. * * The author is an amateur rod-maker who has ex- perimented with every wood known to rod-manufacturers, as well as with some that are not known to them, and there- fore he is an undoubted authority on the subject. This chapter and the one fol- lowing form the most perfect treatise on rods extant. * * The book is one of grea^ value, and will take its place as a standard authority, and we cannot com- mend it too highly. — Forest and Stream. N. Y. Professional as well as amateur rod and tackle makers will find this work invaluable. It contains a vast amount of information not to be found in any other work on angling. — Fishing Gazette. London. It is a book without which every sports- man's library is incomplete. — .4f)iei-ican Field, Chicago. The author has earned the gratitude of the coming generation of anglers in this country whose name is legion, and may surely indulge the hope he expresses at its close, that his book will add some impetus to the progress of that physical education to be derived from out-of-door sports. — American Angler, N. Y. GIBSON'S CAMP LIFE IN THE WOODS. Camp life in the woods ; and the tricks of trapping and trap making. Con- taining comprehensive hints on camp shelter, log huts, bark shanties, woodland beds and bedding, boat and canoe building, and valuable suggestions on trapper's food, &c. With extended chapters on the trapper's art, containing all the " tricks " and valuable bait recipes of the profession ; full directions for the use of the steel trap, and for the construction of traps of all kinds ; detailed instructions for the capture of all fur-bearing animals ; valuable recipes for the curing and tanning of fur skins, &c. By W. Hamilton Gibson, author of " Pastoral Days." Illustrated by the author. Pp 300. i2mo. Cloth, $1.00. A Hand-Book of Canoeing. The cruise of the canoe club. By W. L. Alden, author of " The Cruise of the Ghost," " Canoe and Flying Proa." "The Moral Pirates,'' &c. Illustrated. Pp. 166. i6mo, Cloth. $1.00. The Fishing Tourist. Angler's Guide and Reference Book. By Charlk Hallock, " Secretary of the B.ccmng Grove Park Association." Illustrated. Pp. 240. Crown 8vo, Cloth, I2.00. Any of the above works sent by mail, postage prepaid, to any part of the United States or Canada, on receipt of the price. Harper's Catalogne mailed, postage prepaid, on receipt of 10 cts. Published by HARPER & BROTHERS, New York. Blaikie's How to Get Strong. How to Get Strong and How to Stay So. By William Blaikie. Illustrated. Pp. 296. i6mo. Cloth, $1.00. Blaikie's Sound Bodies for Our Boys and Girls. By William Blaikie. With illustra- tions. Pages x , t68. i6mo, Cloth, 40 cts. I Go A-Fishing. By William C. Prime. Crown 8vo, Cloth, $2.50. Pp. 3^6. 63 Organizefl 1845. Charter Perpetual.' Strictly Mutual. Ko StocKliolders, 40 Years of Siiccessliil Managemeni. aUTOKUBENEFITLIFEINSaRANcE^a ATvlZI DODD, President. Assets, $38,61S,319.32 Safely Invested. The record of this Conipaiiv lor forty veare, as cxhibiterl in the followinsr (^tatenieitt showing LOW KXPKNSKM. LAHGE UlVIOrCNDS, AMPLK SUKPLIS, SICCES.SKUL MANAGEMENT, proves thiit no other Company has superior claims upon public confidence. Statement of Business fronn Winy, 184.5, to January, 1885 : RECEIPTS. I DISBURSEMENTS AND ASSETS. Premiums *102.26S,:306.?4 By payment on Policy Claims $41,352,S^J.15 being 30.7perct. Interest 32,351, !9().T0 ' - •• for Surrendered Policies, 11,014.795.35 " 8.2 " for Dividends 31,304,439.03 " 23.3 " Returned TO Policy Holders $83,672 056.53 " 63.2 Bypaynient of Taxes and Expenses... 13,976,325.50 " 10.3 Assets held for Reserve and Surplus, 36,971,121.51 " 27 5 Total S1S4,619,503.54 " 100.0 DIVIDENDS DECLARED AXNUALLY. ALL KINDS OF APPROVED POLICIES ISSCED, The Mutual Benefit Life Insurance Company, of Newark, N. J., has age and experience, having commenced business in 1845, forty years ago. It has size and stability, having assets of over thirtv-eight millions of dollars (138,615,319). It has returned to members in losses, dividends and surrender values over eighty-three millions of dollars ($83,672,056). Its investments have yielded sufficient returns to pay all expenses and taxes, and still to add to the policyholders' fund for the fulfillment of existing contracts, over eighteen millions of dollars ( $18,374,871 ). Its policy contract is plain, liberal, and easily understood in all points. It makes the following provisions : 1. That in case of lapse or failure to pay a premium for any cause, the full value of the policy by the highest standard shall be applied to the extension of the full amount of the policy for such time as the value will pay for ; or, 2. The full value will be applied to the purchase of a fully paid-up policy, on which no further payments are necessary. 3. The limits of residence are liberal and are clearly defined, and do not admit of any misunderstanding. 4. After the policy has been in force for three years, there is no restriction as to travel. 5. After the same period there is no restriction as to occupation. 6. After the same period the policy is incontestable for all causes except intentional fraud. 7. It is the practice of the company to pay liberal surrender values whenever the insurer desires to surrender his policy for cash ; or, 8 It will loan to its members one-half the value of their policies, when a valid assignment can be made, and its members frequently take advantage of this for business purposes, without jeopardizing their insurance. AGENTS WANTED. Call on or Address W. W. BYINGTON, State Agent for New Yorli and Vermont, 31 NORTH PEARL STREET, ALBANY, N. Y. i^m imm ^' I^^^lA^fiix ' ■■ii>'. *V^ • . /- ■ l^.r^we* ' ^ ?«•• a w> Ma mw^ mm^