Digitized by tine Internet Arciiive in 2007 witii funding from IVIicrosoft Corporation littp://www.arcliive.C)rg/details/forestfisligamelaOOnewyricli Tomt, Juh ana 6anie Caw Alt Art for tlj^ JProt^rtion ALBANY J. B. LYON COMPANY, STATE PKINTERS 19 10 STATE OF NEW YORK Forest, Fish and Game Commission JAME5 5. WHIPPLE, Commissioner J. DUNCAN LAWRENCE, Deputy Commissioner A6RIC. DEPT. ^ , ^„, , , General Offices _ .^^ The Capitol Albany, N. Y. THE FOREST, FISH AND GAME LAW. Chapter 24 of the Laws of 1909. "AN ACT relating to the protection of the forests, lish and game of the state, constituting chapter nineteen of the consolidated laws." Became a law February 17, 1909, with the approval of ths Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Chapter Nineteen of the Consolidated Laws FoPEST, Fish and Game Law. PART I. Article I. Forest, fish and game' commission (§§»i- 8). 2. Game protectors (§§ 11-18). 3. Prosecutions (§§ 19-27). 4. Private farks (§§ 28-33). 5. Forests and public parks (§§ 34-75). PART II. Article 6. Quadrupeds (§§ 76-86). 7. Birds (§§ 87-105). 8. Fish, general provisions (§§ 106-143). 9. Fish, local provisions (§§ 144-160). 10. Fishways (§§ 161-166). 301125 4 /.'\ I TM '^FAfe:$KlFish: aj\d ^Gnnie Law. Article ii Long Island (§§ 167-182). 12. Bureau and marine fisheries (§§ 182*- 225). 13. Definitions, construction; laws repealed; effect (§§ 240-244). ARTICLE L Forest, Fish and Game Commission. Section i. Short title. 2. Forest, fish and game commission. 3. Fish culturist. •4. Office and clerical force. 5. Duties of commissioner. 6. Power of commissioner to dispose of game and fish seized. 7. Report to legislature. 8. t Commission to compile forest, fish and game law. § I. Short title. — This chapter shall be known as the " P'orest, Fish and Game Law." § 2. Forest, fish and game commission. — The forest, fish and game commission shall consist of ri single commissioner as now provided by law. He shall have all the powers and duties formerly pos- sessed by such commission or any member thereof. He shall be appointed by the governor by and with the advice and consent of the senate. The term of office of such commissioner and his successors in office shall be four years, and in case of vacancy in the office, the appointment shall be to fill the va- *So in original. See section 183, p. 109. tSo in original. See section 8, p. 7. The Forest, Fish and Game Law. 5 cancy. He shall receive an annual salary of six thousand dollars and the expenses necessarily in- curred by him in the discharge of his official duties. Said commissioner shall appoint a deputy commis- sioner who shall receive an annual salary of three thousand dollars and the expenses necessarily in- curred by him in the discharge of his official duties. During the absence or inability to act of the com- missioner the deputy commissioner shall have and exercise all the powers of the commissioner. The commissioner and deputy commissioner shall each execute and file with the comptroller of the state a bond to the people of the state in the sum of ten thousand dollars with sureties to be approved by the comptroller, conditioned for the faithful per- formance of his duties and to account for and pay over pursuant to law, all moneys received by him in his office. The commissioner and deputy commis- sioner shall take and subscribe the constitutional oath of office. The deputy commissioner may be removed by the commissioner who may in like man- ner appoint a successor. {As am'd by chap. 474, Laws of 1909.) § 3. Fish culturist. — The commissioner shall appoint a fish culturist who shall have charge under the direction of the commissioner of the culture of fish in the state. He shall receive an annual salary of three thousand dollars, and have his actual and necessary traveling expenses while in the perform- ance of his official duty. § 4. Office and clerical force. — The commis- sioner shall have an office in the capitol at Albany, and may lease an office in the borough of Man- 6 The Forest, Fish and Game Law. hattan or in the borough of Brooklyn for the sale or lease of lands under water, as provided by law. The commissioner may appoint a general secretary and a confidential secretary, a superintendent of forests, an assistant superintendent of forests and such other clerical assistants as are actually needed and fix their compensation. The superintendent of forests and in his absence or inability to act, the assistant superintendent of forests, shall, subject to the direction of the commissior'^r, have general supervision of the forest preserve and the forestry interests of the state, and shall enforce all laws and regulations for the protection and preservation of the forest preserve, and public parks described in this chapter. The assistant superintendent of forests, when directed by the commissioner so to do, shall perform all acts required to be performed by the commissioner under sections sixty-eight, sixty-nine, seventy and seventy-one of this chapter. (^As am'd by chap. 474, Laws of 1909.) § 5. Duties of commissioner. — The commis- sioner shall have charge, control and management of the state lands and forests in the state forest preserve, parks and reservations; of the propagation and distribution of food and game fish and shell- fish to supply the waters of the state; of hatching stations owned or operated by the state; of the en- forcement of laws for the protection of fish and game and the forests ; of lands under water which have been or shall be designated, surveyed and mapped out pursuant to law as oyster beds, and power to grant shellfish leases or franchises on such lands according to law, and such other powers and duties as are or may be imposed upon him by law. The Forest, Fish and Game Law. 7 i 6. Power of commissioner to dispose of game and fish seized. — Whenever game animals, birds or fish possessed in violation of the law shall have been seized and confiscated by the state, the ccmmissioner may, in his discretion, order that the same may be sold or given away for charitable pur- poses, and the same may be transported at any time for such purpose. § 7. Report to legislature. — The commissioner shall annually report to the legislature the proceed- ings of the commission for each year ending Sep- tember thirtieth with such recommendations as he deems proper. In such report he shall include a detailed statement of the receipts and disbursements from all sources; a brief description of the land purchased during the year for the Adirondack park, and statistics of forest fires. § 8. Compilation and digest of forest, fish and game law. — As soon as practicable after the ad- journment of the legislature in each year, the forest, fish and game commissioner shall make a compila- tion of the forest, fish and game law, as amended at the date of such compilation, and properly index the same. Thirty thousand copies of said compila- tion shall be printed in pamphlet form of pocket size, under the direction of the clerks of the senate and assembly, and such clerks shall distribute them as follows: One hundred copies to each senator, fifty copies to each assemblyman, and the balance to the forest, fish and game commission for distribution. The forest, fish and game commissioner shall, as soon as practicable after the adjournment of the legislature in each year, prepare a brief summary 8 The Forest^ Fish and Game Law. or digest of the forest, fish and game law. A suffi- cient number of copies of such summary or digest shall be printed, which the forest, fish and game commissioner shall distribute to county, city and town clerks to supply a copy to each person procur- ing a hunting license, and the balance, if any, shall be distributed by the forest, fish and game com- missioner in such manner as he deems best. (As am'd by chap. 533, Laws of 1909.) ARTICLE II. Game protectors. Section 11. Game protectors. 12. Game protectors to give bonds. 13. Compensation of game protectors. 14. Powers of game protectors. 15. Records and reports. 16. Chief game protector's report. 17. Special game protectors. 18. Sheriffs and constables. § II. Game protectors. — The commissioner shall appoint ninety game protectors. At least one shall reside in each of the counties of Essex, Clinton, Franklin, Saint Lawrence, Jefferson, Lewis, Herkimer, Hamilton, Warren and Washington, and the next eight protectors shall be appointed from said counties. The protectors shall hold office dur- ing the pleasure of the commissioner and the com- missioner shall from time to time designate from the protectors a chief game protector and a first, second, third, fourth, and fifth assistant chief game protectors, four division chiefs, and a protector for the Saint Lawrence river. The commissioner may The Forest, Fish and Game Law. g appoint two additional game protectors who shall be assigned to enforce the law for the protection of fish in Jamaica bay and adjacent waters as pre- scribed by the forest, fish and game law, and also shall perform such duties as said commissioner may direct. The chief game protector shall have general supervision and control of all protectors. Civil service examinations for protectors of all grades shall be confined to counties. (As am'd by chap. 474, Laws of 1909 and chap. 675, Laws of 1910.) § 12. Game protectors to give bonds. — The chief game protector shall give a bond to the people of the state in the sum of one thousand dollars con- ditioned for the faithful discharge of his duties, with sureties to be approved by the commissioner. Every game protector shall give a like bond in the sum of five hundred dollars. § 13. Compensation of game protectors. — The chief game protector shall receive an annual salary of two thousand five hundred dollars a year and his actual and necessary expenses while in the dis- charge of his official duties, not exceeding one thou- sand dollars a year. The first assistant chief pro- tector shall receive one thousand six hundred dol- lars a year. The chief protector, or the first as- sistant chief protector during such time as he shall be required by the commissioner to reside constantly in Albany shall receive an additional salary at the rate of fifty dollars per month together with his necessary traveling and incidental expenses while absent from the city of Albany in the discharge of his official duties. The second, third, fourth, and 10 The Forest, Fish and Game Law. fifth assistant chief protectors and each division chief protector shall each receive one thousand two hundred dollars a year. Each assistant chief protector and each division chief shall receive his necessary traveling and incidental expenses while in the discharge of their official duties not exceed- ing seven hundred and fifty dollars a year. Other protectors shall receive nine hundred dollars a year and an allowance for expenses not exceeding five hundred dollars a year. Each of the two game protectors appointed to protect fish in Jamaica bay shall receive not to exceed thirteen hundred dol- lars a year and actual and necessary traveling and incidental expenses while in the discharge of their official duty, not exceeding four hundred and fifty dollars each year. (As am'd by chap, 474, Laws of 1909 and chap. 657, Laws of 1910.) § 14. Powers of game protectors. — Game pro- tectors shall enforce all laws relating to fish, birds and game; all laws of boards of supervisors relat- ing to the same; and shall have power to execute all warrants and search warrants issued for a viola- tion of this chapter; to serve a summons issued from justices' court; to serve subpoenas issued for the examination and investigation or trial of offenses against any of the provisions of said law; to make search where they have cause to believe that fish or game is possessed in violation of law, and with- out search warrant to examine the contents of any boat, car, box, locker, basket, creel, crate, gamebag or other package, and the contents of any building other than a dwelling house, to ascertain whether any of the provisions of this chapter or of any law for the protection of fish, shellfish, and game The Forest, Fish and Game Law. ii have been or are being violated, and to use such force as may be necessary for the purpose of such examination and inspection; and with a search war- rant to search and examine the contents of any building or dwelling house; seize all game animals, birds or fish, possessed in violation of law and hold the same subject to the order of the commissioner; to arrest without warrant any person committing a misdemeanor under the provisions of this chapter in their presence, and take such person immediately before a magistrate having jurisdiction for trial. Any regular or special game protector, fire super- intendent or fire patrolman or inspector who shall compromise or settle any violation of the forest, fish and game law out of court, or without the order of the forest, fish and game commissioner shall be guilty of a misdemeanor. {As ant'd by chap, 474, Laws of 1909.) § 15. Records and reports. — Each game pro- tector shall keep a daily record of his official acts, and at the close of each month report the same to the chief game protector. The salary and travel- ing expenses of a protector shall not be payable except upon the certificate of the chief game pro- tector that such protector has made the required report and properly performed his duties. § 16. Chief game protector's report. — The chief game protector shall make a monthly report to the commissioner of the operation of his department during the preceding month and shall report any negligence or failure to perform duty on the part of any game protector, and shall make such further reports as shall be required by the commissioner. 12 The Forest, Fish and Game Law. § 17. Special game protectors. — The commis- sioner may in his discretion .appoint a person rec- ommended by a majority of the supervisors of any county or by any game club incorporated for the protection of fish or game, as special game pro- tector. Such special game protectors shall hold office during the pleasure of the commissioner and shall have the same powers as game protectors and receive one-half of the fines and penalties less ex- penses, but shall not receive pay from the state. They shall make reports in the same manner as game protectors. § 18. Sheriffs and constables. — Peace officers shall have the same powers as game protectors under this chapter, except the right of search without war- rant. ARTICLE III. Prosecutions. Section 19. Actions for penalties by the people. 20. Costs in actions by the people. 21. Proceeds of actions by the people. 22. Actions by private persons or societies. 23. Judgments; how enforced. 24. Criminal jurisdiction of courts. 25. Search warrants; when issued. 26. Punishment for misdemeanor. 27. Witnesses not excused from testifying. § 19. Actions for penalties by the people. — Except as otherwise provided in this chapter, actions for penalties for a violation of the forest, fish and game provisions of this chapter shall be in the name The Forest, Fish and Game Law. 13 of the people of the state of New York; and must be brought on the order of the commissioner. The forest, fish and game commissioner may employ necessary counsel in the office of the forest, fish and game commission, and may likewise designate and appoint an attorney or attorneys to represent the department in the prosecution or defense of any action or proceeding brought under the provision of this chapter. They shall be paid by the state treas- urer on the warrant of the comptroller such com- pensation as shall be agreed upon by the forest, fish and game commissioner. Such actions may be dis- continued by order of the court on the application of the commissioner upon such terms as the court may direct. Such actions if in justices' courts, may be brought in any town of the county in which the penalty is incurred or of the county in which the defendant resides. § 20. Costs in actions by the people. — In case of recovery of any amount in an action for a penalty under this chapter or in an action authorized by the article on forests and public parks, the people shall recover full costs as provided by section thirty-two hundred and fifty-one of the code of civil procedure, together with witnesses* fees and other disburse- ments. § 21. Proceeds of actions by the people. — Moneys recovered in an action for a penalty, or upon the settlement or compromise thereof, and fines for violations of this chapter shall be paid to the com- missioner who shall apply so much thereof as may be necessary to the payment of the expenses of col- lection and shall on the order of the commissioner 14 The Forest, Fish and Game Lazv. pay one-half of the balance, in cases brought by special protectors and fire wardens, to the special game protector or fire warden upon whose informa- tion the action was brought. Regular protectors shall not receive moieties. § 22. Actions by private persons or societies. — A private person, on giving security for costs to be approved by a judge of the court in which the action is brought and any society, or corporation for the protection of fish, birds and game, may re- cover in his or its name any penalty imposed by this chapter for a violation of the fish and game pro- visions thereof, and shall be entitled in case of col- lection, to one-half of the recovery; the balance shall be paid to the commissioner. Notice of the com- mencement of such an action shall be given to the commissioner within fifteen days after the service of the summons therein, and failure to give such notice shall be a defense to the action. If after the commencement thereof an action be brought for the same penalty in the name of the people, an order shall be entered on the application of the commissioner for the discontinuance of such action without cost to either party. Motion papers on such application shall be entitled in both actions. § 23. Judgments; how enforced. — Judgments recovered under this chapter may be enforced by execution against the person. A person imprisoned upon such an execution as provided by section three thousand and thirty-two of the code of civil pro- cedure shall not be admitted to the liberties of the jail and shall be confined for not less than one day, and at the rate of one day for each dollar recovered. The Forestj Fish and Game Law. 15 No person shall be imprisoned more than once or for more than six months on the same judgment. Im- prisonment shall not operate to satisfy a judgment. § 24. Criminal jurisdiction of courts. — Courts of special sessions and police courts in towns and villages and the several courts of special sessions and police courts in cities shall in the first instance have exclusive jurisdiction of offenses committed under this chapter, and the jurisdiction of said courts shall extend to all such offenses committed in the county where the court sits. A warrant sliall be returnable before the magistrate issuing the same. § 25. Search warrants; when issued. — Any jus- tice of the peace, police justice, county judge, judge of the city court or magistrate having criminal juris- diction, shall if it appear probable that fish, birds or game taken or possessed contrary to the pro- visions of this chapter, is concealed, issue a search warrant for the discovery thereof, according to the practice provided in sections seven hundred and ninety-four to seven hundred and ninety-seven in- clusive of the code of criminal procedure. § 26. Punishment for misdemeanor. — A person convicted of a misdemeanor under this chapter shall, except as otherwise provided, be punished by a fine of not less than ten dollars or more than the amount of penalty recoverable in a civil action for the offense committed; or by imprisonment in the county jail or penitentiary for not less than one day or more than one day for every dollar of such penalty, or by both such fine and imprisonment. 1 6 The Forest, Fish and Game Law. § 27. Witnesses not excused from testifying. — No person shall be excused from testifying in any civil or criminal action or proceeding taken or had under this chapter upon the ground that his testi- mony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon a crim- inal prosecution. A person called for the people and so testifying shall not thereafter be liable to indict- ment or conviction for the violation or violations of this chapter respecting v^hich he has so testified, and may plead or prove the giving of such testi- mony in bar of such an indictment or conviction. ARTICLE IV. Private parks. Section 28. Laying out private parks. 29. Laying out private parks, continued. 30. Notices in private parks. 31. Protection of private lands not parks. S2. Fish and game protected. 32-a. Game and bird refuge. S3' Signs not to be defaced. § 28. Laying out private parks. — A private park for the propagation and protection of fish, birds or game may be established by an owner or person having the exclusive right to hunt or fish on land or land and v^rater, by publishing once a week for not less than four weeks in a newspaper printed in the county where such land or land and water are situ- ated, a notice substantially describing the same and stating that it will be used as a private park to propagate and protect fish, birds or game. But waters stocked with fish by the state at any time The Forest, Fish and Game Law. 17 after April seventeenth, eighteen hundred and ninety- six, shall not be laid out in any such park. If waters in any such park are hereafter stocked by the state with the consent of the owner the pro- visions of this article shall no longer apply thereto. § 29. Laying out private parks, continued. — Part of a lake or pond may be laid out in a private park, if all riparian owners, including owners of the bed thereof, consent thereto in writing. If the state of New York be such an owner such consent may be given by the commissioner. § 30. Notices in private parks. — Notices or signboards not less than one foot square warning all persons against hunting or fishing or trespassing thereon for that purpose, shall be conspicuously posted and maintained on a private park as follows : If it consists entirely of land, not more than forty rods apart along the entire boundary thereof; if it consists of land and water, at least one notice for each one hundred acres thereof; if it consists of a lake or pond only, in at least four conspicuous places on or near the shore thereof; if it consists of a stream only, not more than one-half mile apart on the banks thereof. If a park be fenced, upon part or the whole of the outer boundary thereof, notices shall be placed on or near the fence not more than forty rods apart. It shall also be considered due service of notice for trespass upon any person or persons, by serving them personally in the name of the owner or owners of such private park with a written notice containing a brief description of the premises, warning all persons against hunting or fish- ing or trespassing thereon. l8 The Forest, Fish and Game Law. § 31. Protection of private lands not parks. — An owner or person having the exclusive right to hunt or fish upon inclosed or cultivated lands, or to take fish in a pond or stream, may maintain such notices or signboards upon every fifty acres of the premises sought to be protected upon or near the lot lines thereof, or if waters only, upon or near the shores thereof in at least two conspicuous places, or may personally serve a written notice in the name of such owner or person containing a brief descrip- tion of the premises warning all persons against hunting or fishing or trespassing thereon for that purpose. § 32. Fish and game protected. — No person shall take or disturb fish, birds or game on any pri- vate park or private lands, or trespass thereon for that purpose, after notice as prescribed in this chap- ter. A person who violates any provision of this article is guilty of a misdemeanor, and shall be sub- ject to exemplary damages in the sum of twenty- five dollars for each offense or trespass to be recov- ered by the owner of the lands, or hunting and fish- ing rights thereon, with costs of suit, in addition to the actual damages, all of which may be recovered in the same action. The consent in writing of such owner to hunt or fish on said lands during the open season shall be a defense to a prosecution under this section. § 32-a. Game and bird refuge. — The commis- sioner maj% on the request of a majority of the town board of any town, prohibit or regulate the taking of birds or game on lands set aside with the consent of the owner or owners thereof as The Forest, Fish and Game Lazv. ig bird and game refuges for a period of not to ex- ceed ten years from the date set in the applica- tion. At least thirty days before such prohibi- tion or regulation shall take effect a copy of the same shall be filed in the office of the clerk of the town to which the prohibition or regulation applies, and printed copies thereof, at least one foot square, shall be posted along the boundaries of the land affected, not more than fifty rods apart. Whoever shall violate or attempt to vio- late any such prohibition or regulation is guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation. (Added by chap. 657, Lazvs of 1910.) § 33. Signs not to be defaced. — A person who injures, defaces or removes a notice or signboard placed or maintained pursuant to the provisions of this chapter, is guilty of a misdemeanor, and liable to a penalty of twenty-five dollars. ARTICLE V. Forests and public parks. Sectioti 34. Forest preserve. 35. Adirondack park. 36. Catskill park. 37. Saint Lawrence reservation. 40. Powers of commissioner. 41. Right of partition. 42. Trespass on forest preserve. 43. Purchases in Adirondack park. 44. Forest purchasing board. 20 The Forest, Fish and Game Law. Section 45. Duties. 46. May enter land. 47. State engineer and surveyor to make description of land appropriated. 48. Adjustment of claims for property con- demned. 49. Jurisdiction of court of claims. 50. Owner may reserve timber. 51. Reservation of timber restricted. 52. Under reservation of timber, no damages for land taken. 53. Warrants. 54. Adjustment of claims for trespass or other injuries. 55. Interest. 56. Regulations as to cutting timber. 57. Value of reserved timber. 58. Appraisers. 59. Compensation of employees. 60. Title to lands. 61. Costs and disbursements. 62. Judgments. 64. Service of notice. 65. Court of claims to examine property. 66. Limitations on taking real property. 67. Chief fire warden and foresters. 68. Fire patrol by railroads. 69. Fire districts and fire patrols. 70. Duties of superintendents of fire. 71. Compensation of fire patrolmen and others employed at fires. y2. Railroads in forest lands. 7S. Fires to clear land. 74. Forest fires prohibited. 75. Proceeds of actions for forest fires. The Forest, Fish and Game Law. 21 Section 75-a. Authority of governor over forests, fish and game of the state. 75-b. Statistics of forest products. § 34. Forest preserve. — The forest preserve shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the coun- ties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except 1. Lands within the limits of any village or cit}', and 2. Lands not wild lands acquired by the state on foreclosure of mortgages made to loan commis- sioners. § 35. Adirondack park. — The Adirondack park si. all include all lands now owned or hereafter ac- quired by the state within the following bounds, to wit : Beginning at the southeast corner of the town of Hope in the county of Hamilton, and running thence westerly along the southerly lines of Ham- ilton county, and continuing and following the south- erly line of the town of Wilmurt, in Herkimer county, to the point of intersection with the westerly line of Herkimer county, and thence northerly along the westerly lines of Herkimer county to its junction with the southwesterly line of Saint Lawrence county ; thence westerly along said southwesterly line of Saint Lawrence county to the most westerly corner of township fourteen, great tract three, Ma- comb's purchase ; thence easterly along the northerly line of said township fourteen to the northeast 22 The Forest, Fish and Game Law, corner thereof; thence northerly along the west line of township thirteen, great tract three, Macomb's purchase, to the northwest corner of said town- ship thirteen; thence east along the north line of said township thirteen and the south line of town- ship ten, tract and purchase aforesaid, to the south- west corner of the southeast quarter of said town- ship ten; thence north along the west line of the said southeast quarter of the aforesaid township ten to the north line of said township; thence east along said north line to the west line of township seven, great tract two, Macomb's purchase; thence northerly along the west line of township seven aforesaid to the northwest corner of the township; thence easterly along the northerly lines of town- ships seven and eight, great tract two, Macomb's purchase, to the southwest corner of township twelve of said great tract two; thence northerly along the west line of township twelve to the north- west corner of lot one in the south half of said township ; thence easterly along the , north line of said south half of said township twelve to the west line of the county of Franklin; thence north along the west line of the county of Franklin to the northwest corner of the south half of township thir- teen of great tract one, Macomb's purchase; thence easterly along the northerly line of the south half of townships thirteen, fourteen and fifteen of said great tract one, Macomb's purchase, to the west line of the old military tract; thence south along said west line to the northwest corner of township ten of said old military tract; thence easterly along the north line of said township ten to the west line of Clinton county; thence southerly along the west line of Clinton county to the north line of Essex The Forest, Fish and Game Law. 23 county,; thence easterly along the north line of Es- sex county to the northeast corner of the town of Wilmington; thence along the east and easterly line of the town of Wilmington to the intersection with the north line of the town of Keene; thence east to the northeast corner of said town of Keene; thence southerly along the easterly line of the town of Keene to the southeast corner thereof; thence easterly along the northerly line of the town of North Hudson to the most northeasterly corner of the said town; thence southerly along the easterly lines of the town of North Hudson and Schroon to the southeast corner of the said town of Schroon; thence westerly along the southerly line of the towns of Schroon and Minerva to the northeasterly corner of Leggett's survey of the southwest quarter of township fourteen of Totten and Crossfield's pur- chase; thence southeasterly along the line of Leg- gett's survey to the southerly line of said township fourteen; thence southwesterly along the line of Leggett's survey, being the southerly line of said township fourteen, to the most southerly corner of said township; thence southeasterly along the east- erly line of township thirteen and the westerly line of township twelve to the southeasterly corner of lot twenty-five of township eleven of said Totten and Crossfield's purchase; thence southwesterly along the southerly line of lots twenty-five, twenty- six, twenty-seven and twenty-eight to the south- westerly corner of said lot twenty-eight; thence southeasterly along the easterly lines of lots forty- four, fifty-three, sixty-eight, seventy-seven and five of said township eleven, and of lots nine, twenty- one, thirty, thirty-seven and forty of the gore be- tween township eleven of Totten and Crossfickfs 24 The Forest, Fish and Game Law. purchase and the Dartmouth patent and of lots five of ranges six, seven, eight, nine and ten of the Dartmouth patent to the southeasterly corner of lot five of said range six of said patent in Warren county; thence westerly along the southerly line of said range six of said Dartmouth patent to the northeasterly line of Palmer's purchase; thence southeasterly along the easterly line of said Pal- mer's purchase to the most easterly corner of the middle division of said purchase; thence southwest- erly along the southerly line of the said middle di- vision of Palmer's purchase through Saratoga county to the easterly boundary of the town of Hope in Hamilton county; thence southerly along the east line of the town of Hope to the place of beginning. Such park shall forever be reserved and maintained for the free use of all the people. § 36. Catskill park. — The Catskill park shall include all lands now owned or hereafter acquired by the state within the following boundaries, to wit : Beginning in Ulster county at the southeasterly corner of great lot five of the Hardenburg patent, thence running northwesterly along the southerly boundary of said great lot five through Sullivan county to the east branch of the Delaware river in Delaware county; thence along the southerly bank of the said east branch of the Delaware river to the Ulster and Delaware railroad at the village of Arkville; thence along the said Ulster and Dela- ware railroad easterly to the line between the counties of Delaware and Ulster; thence north- easterly along that line to the southerly line of Greene county; thence northwesterly along the southerly line of Greene county to the line between The Forest, Fish and Game Law. 25 the towns of Halcott and Lexington; thence north- erly along the easterly line of the town of Halcott to the line between great lots twenty and twenty- one of the Hardenburg patent; thence northerly along said line to the south bank of the Bataviakill: thence along the southerly bank of the Bataviakill easterly to the west line of the state land tract; thence northerly, easterly and southerly along th« line of the said state land tract to the line between the towns of Cairo and Catskill; thence southwest- erly along said town line to the easterly line of the town of Hunter; thence southerly along the said easterly line of the town of Hunter to the line of the Hardenburg patent; thence easterly, southerly and westerly along the general easterly line of the Hardenburg patent to the line between the towns of Olive and Rochester of Ulster county; thence easterly on said line to the point where the Met- tacahonts creek crosses the same flowing easterly; thence southwesterly parallel with the northwesterly line of the town of Rochester to the line between the towns of Rochester and Wawarsing; thence westerly and southerly along the line of the Har- denburg patent to the place of beginning. Such park shall forever be reserved and maintained for the free use of all the people. § 37. Saint Lawrence reservation. — All that part of the river Saint Lawrence lying and being within the state, with the islands therein, and all that portion of Lake Ontario adjacent to Jef- ferson county, including Chaumont bay, Griffins bay, Black River bay and Henderson bay, with the islands therein, and such lands along the shore thereof as are now owned by or shall hereafter be 26 The Forest, Fish and Gams Law. acquired by the state, is continued as an interna- tional park which shall be known as the " Saint Lawrence Reservation." {As am'd by chap. 315, Laws of 1910.) § 40. Powers of commissioner. — The commis- sioner shall: 1. Have the care, control and supervision of the forest preserve and all public parks described in this article; and make from time to time rules for the use, care and administration thereof and enforce the same; but no such rule shall affect the free use of any road or waterway as the same may have been heretofore lawfully used, or may be reasonably required in the prosecution of lawful business. 2. Lay out roads and paths in such public parks and issue licenses on such terms as he may impose for guides or other persons engaged in business therein. 3. Possess all the powers relating to the forest preserve and the Adirondack park which were vested in the commissioners of the land office and in the comptroller on May fifteenth, eighteen hundred and eighty-five. 4. Make rules for the prevention of forest fires and cause the same to be posted in all proper places throughout the state. 5. Prepare and distribute tracts giving informa- tion on the care and renewal of private woodlands, ai'd with the approval of the commissioner of edu- cation and the regents of the university, supply to schools, academies and colleges the means of in- struction in forestry. 6. Said commissioner may and is hereby given the exclusive power to bring, in the name of the people The Forest, Fish and Game Law. 27 of the state, any action or special proceeding in a court of justice or before the comptroller of the state to set aside the cancellation of any sale of land for taxes or to ascertain and determine the title to lands in the Adirondack park or in the forest pre- serve, claimed by any person or persons, association or corporations adversely to the state, and, if such lands are held or occupied by or under such claim- ants, to recover the possession thereof; and to de- mand an accounting and recover damages for any timber cut or moved from any lands involved in any such action, and, if demanded in the complaint, to recover triple damages therefor; and for such purposes may bring any action or special proceeding which an owner of lands would be entitled to bring. Said commissioner may make any demand, tender or offer, before or after commencing any action or special proceeding, deemed necessary or proper for the purpose of entitling it to enforce or defend' any right or claim on behalf of the state, and may, in its discretion, settle and compromise any suits and special proceedings authorized by this section and adjust the claims involved therein. Said commis- sioner may and is hereby given power to bring, in the name of the people of the state, any action or proceeding in a court of justice which an owner of land would be entitled to bring to perfect the state's title or record title to land owned or claimed by it in the forest preserve counties of the state, and any other action or special proceeding with respect to such lands which an owner of lands would be entitled to bring. Said commis- sioner may employ attorneys and counsel to prose- cute any such action or special proceedings, or to defend any such action or special proceeding or 28 The Forest, Fish and Game Law. any action or proceeding brought against the com- missioner or any of its members, arising out of their official conduct with relation to the forest pre- serve. The compensation and disbursements of such attorneys and counsel shall be fixed by the commis- sioner. All such actions shall be brought in the county where the lands are located, and a prelim- inary or final injunction may, on application in an action brought under this section, be granted re- straining any act or trespass, waste or destruction upon any lands within the Adirondack park, or in the forest preserve, claimed or owned by the state, or which may hereafter be acquired by the state. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 19 10.) § 41. Right of partition. — Whenever the state owns an undivided interest in lands in the forest preserve, or is in possession of such lands as joint tenant in common with another having a freehold estate therein, the attorney-general shall, on the re- quest of the commissioner, bring an action in the name of the people for the actual partition thereof. On the written consent of the commissioner a co- tenant may maintain an action for the actual parti- tion of such land, making the state a party de- fendant, and service of process upon the attorney- general shall be deemed service upon the state. Lands shall not be sold in such an action nor shall costs be allowed against the state. Actual partition of such lands may be made by the commissioner subject to the approval of the comptroller who may, in the name of the people, make any conveyance necessary or proper in such partition. Such con- veyances shall be recorded in like manner as con- veyances made by commissioners of the land office. The Forest, Fish and Game Law. 29 § 42. Trespass on forest preserve. — Foresters, inspectors, land appraisers, game protectors and fire wardens shall, upon the discovery of a trespass upon the forest preserve, forthwith report the same in writing to the superintendent of forests. They shall have the power to arrest without warrant any per- son detected in trespassing on lands of the forest preserve, and to take such person immediately be- fore a magistrate having jurisdiction for trial; and they shall report such action to the superintendent of forests. Actions may, on the order of the com- missioner, be maintained in the name of the people, through special counsel, whose compensation shall be fixed by the commissioner, to recover damages for trespass or waste on lands in the forest pre- serve, or to prevent trespass or injury thereto, with relief by temporary or final injunction; or to re- cover possession of lands belonging to the state within the forest preserve. Moneys recovered in such an action shall be paid to the commissioner, who, after paying the expenses of collection, shall pay to the special game protector or fire warden upon whose information the action was brought fifty dollars, or if the net balance be less than one hun- dred dollars, one-half thereof. A person who cuts or causes to be cut or carries away or causes to be carried away any tree, timber, wood or bark from state lands in the forest preserve is guilty of a mis- demeanor if the value thereof is less than twenty- five dollars; if the value thereof is twenty-five dol- lars or more such person is guilty of a felony; he shall also be liable to a penalty of ten dollars for each tree cut, taken away or destroyed. The penalty so incurred may be recovered in the action to re- cover damages for trespass or in a separate action. 30 . The Forest, Fish and Game Law. § 43. Purchases in Adirondack park.- The commissioner may: Contract that lands within the Adirondack park not owned by the state shall, in consideration of exemption from taxation for state and county pur- poses, become pubHc as part of the park in like manner as state lands. Such a contract must pro- vide against the removal of live timber except spruce, tamarack or poplar, more than twelve inches in diameter three feet from the ground, and may reserve to the owner the right to clear not more than one acre within each one hundred acres of land, and may contain such other reservations for occupancy as may be agreed upon. The approval of the commissioners of the land office must appear on any such contract by the certificate of their clerk. Such contract shall be recorded in like manner as conveyances made by commissioners of the land office. § 44. Forest purchasing board. — The powers, duties and functions formerly by law exercised by and imposed on the forest preserve board are granted to and vested in the forest, fish and game commission. The- governor may in his discretion from time to time designate two commissioners of the land office who shall act with the forest, fish and game commissioner in acquiring lands for the state under this chapter. If so designated such commis- sioners of the land office and the forest, fish and game commissioner shall while such designations are in force constitute a board who shall have the same powers to acquire lands under said chapter that were formerly possessed by the forest preserve board. Lands shall not be purchased or acquired The Forest, Fish and Game Law. 31 under sections forty-five to sixty-six except with the consent of the governor. § 45. Duties. — It shall be the duty of said board and it is hereby authorized to acquire for the state, by purchase or otherwise, land, structures or waters or such portion thereof in the territory em- braced in the Adirondack and Catskill parks, as de- fined and limited by this chapter, as it may deem advisable for the interests of the state. § 46. May enter land. — Said board may enter on and take possession of any land, structures and waters in the territory embraced in the Adirondack and Catskill parks, the appropriation of which in its judgment shall be necessary for the purposes specified in section thirty-five and section thirty- six of this chapter and in section seven of article seven of the constitution. § 47. State engineer and surveyor to make description of land appropriated. — Upon the re- quest of said board an accurate description of such lands so to be appropriated shall be made by the state engineer and surveyor, and certified by him to be correct, and said board or a majority thereof shall indorse on such description a certificate stating that the lands described therein have been appro- priated by the state for the purpose of making them a part of the Adirondack or Catskill parks; and such description and certificate shall be filed in the office of the secretary of state. Said board shall thereupon serve on the owner of any real property so appropriated a notice of the filing and 32 The Forest, Fish and Game Law. the date of filing of such description and contain- ing a general description of the real property be longing to such owner which has been so ap- propriated; and from the time of such service, the entry upon and appropriation by the state of the real property described in such notice for the uses and purposes above specified shall be deemed com- plete, and thereupon such property shall be deemed and be the property of the state. Such notice shall be conclusive evidence of an entry and appropria- tion by the state. Said board may cause duplicates of such notice with an af^davit of due service thereof on such owner to be recorded in the books used for recording deeds in the office of the clerk of any county of this state where any of the prop- erty described therein may be situated, and the record of such notice and of such proof of service shall be evidence of the due service thereof. § 48. Adjustment of claims for property con- demned. — Claims for the value of the property taken and for damages caused by any such ap- propriation may be adjusted by said board if the amount thereof can be agreed upon with the owners of the land appropriated. The board may enter into an agreement with the owner of any land so taken and appropriated, for the value thereof, and for any damages resulting from such appropriation. Upon making such agreement the board shall deliver to the owner a certificate stat- ing the amount due to him on account of such appropriation of his lands, and a duplicate of such certificate shall also be delivered to the comptroller. The amount so fixed shall be paid by the treasurer upon the warrant of the comptroller. The Forest, Fish and Game Law. 33 § 49. Jurisdiction of court of claims. — If said board is unable to agree with the owner for the value of property so taken or appropriated, or on the amount of damages resulting therefrom, such owner, within two years after the service upon him of the notice of appropriation as above specified, may present to the court of claims a claim for the value of such land and for such damages, and the court of claims shall have jurisdiction to hear and determine such claim and render judg- ment thereon. Upon filing in the office of the comptroller a certified copy of the final judgment of the court of claims, and a certificate of the attorney-general that no appeal from such judg- ment has been or will be taken by the state, or, if an appeal has been taken, a certified copy of the final judgment of the appellate court, affirming in whole or part the judgment of the court of claims, the comptroller shall issue his warrant for the pay- ment of the amount due the claimant by such judgment, with interest from the date of the judg- ment until the thirtieth day after the entry of such final judgment, and such amount shall be paid by the treasurer. § 50. Owner may reserve timber. — The owner of land to be taken under this article may at his option within the limitations hereinafter pre- scribed, reserve the spruce timber thereon ten inches or more in diameter at a height of three feet above the ground. Such option must be exercised within six months after the service upon him of a notice of the appropriation of such land by said board, by serving upon such board a^ writ- ten notice that he elects to reserve the spruce timber 34 The Forest, Fish and Game Law. thereon. If such notice be not served by the owner within the time above specified he shall be deemed to have waived his right to such reservation and such timber shall thereupon become and be the property of the state. Land acquired by purchase may be taken subject to the reservation of the soft timber thereon down to eight inches in diameter on the stump with the right to remove the same, or sub- ject to any lease, mortgage, or other incumbrance not extending ten years beyond date of purchase upon agreement between the board and the owner. The amount or value of any such lien, incumbrance or timber right upon land so purchased, shall be deducted from the purchase price thereof. The presentation of a claim to the court of claims be- fore the service of a notice of . reservation, shall be deemed a waiver of the right to such reservation. § 51. Reservation of timber restricted. — The reservation of timber and the manner of exercising and consummating such right are subject to the following restrictions, limitations and conditions : I. The reservation does not include or affect tim- ber within twenty rods of a lake, pond or river and such timber can not be reserved. Roads may be cut or built across or through such reserved space of twenty rods under the supervision of said board for the purpose of removing spruce timber from adjoining land, and the reservation of spruce timber within such space shall be deemed a reser- vation by the owner, his assignee or representative of the right to cut other timber necessary in con- structing such road, but such reservation does not confer a right -to remove such other timber so cut, or to use it otherwise than in constructing a road. The Forest, Fish and Game Law. 65 2. The timber reserved must be removed from the land within ten years after the service of no- tice of reservation or the making of an agreement subject to the regulations to be prescribed by said board; but such land shall not be cut over more than once, and said board may prescribe regulations for the purpose of enforcing this limitation. All timber reserved and not removed from the land within such time shall thereupon become and be the property of the state, and all the title or claim thereto by the original owner, his assigns or rep- resentatives, shall thereupon be deemed abandoned. § 52. Under reservation of timber, no damages for land taken. — A person who reserves timber as herein provided is not entitled to any compen- sation for the value of his land purchased or taken and appropriated by the state, or for any damages caused thereby, until : 1. The timber so reserved is all removed and the object of the reservation fully consummated; or 2. The time limited for the removal of such timber has fully lapsed, or the right to remove any more timber is waived by a written instrument filed with said board; and 3. Said board is satisfied that no trespass on state lands has been committed by such owner or his assigns or representatives; that no timber or other property of the state not so reserved has been taken, removed, destroyed or injured by him or them, and that a cause of action in behalf of the state does not exist against him or them for any alleged trespass or other injury to the property or interests of the state; and 36 The Forest, Fish and Game Law. 4. That the owner, his assignee or other repre- sentative has fully complied with all rules, regula- tions and requirements of said board concerning the use of streams or other property of the state for the purpose of removing such timber. Pro- vided, however, that said board may at any time by its certificate filed with the comptroller direct the payment to the owner of such land, his legal representatives or assigns, of the compensation therefor, or a part thereof, at such time, and upon such conditions as may be set forth in the cer- tificate. § 53. Warrants. — A warrant shall not be drawn by the comptroller for the amount of compensation agreed upon between the owner and said board, nor for the amount of a judgment rendered by the court of claims, until a further certificate by the board is filed with him to the effect that the owner has not reserved any timber or that he, his assignee or other representative has complied with the provisions of this article, or has otherwise be- come entitled to receive the amount of the pur- chase price, award or judgment. § 54. Adjustment of claims for trespass or other injuries. — Said board may settle and ad- just any claims for damages due to the state on account of any trepasses or other injuries to prop- erty or interests of the state, or penalties incurred by reason of such trespasses or otherwise, and the amount of such damages or penalties so adjusted shall be deducted from the original compensation agreed to be paid for the land, or for damages, or from a judgment rendered by the court of The Forest, Fish and Game Law. 37 claims on account of the appropriation of such land. A judgment recovered by the state for such a trespass or for a penalty shall likewise be de- ducted from the amount of such compensation or judgment. § 55. Interest. — If timber is reserved upon land purchased or appropriated as provided by this article, interest is not payable upon the purchase price or the compensation which may be awarded for the value of such land or for damages caused by such appropriation, except as provided in sec- tion forty-nine. § 56. Regulations as to cutting timber. — Per- sons entitled to cut and remove timber under this article may use streams or other waters belonging to the state within the forest preserve for the purpose of removing such timber, under such regu- lations and conditions as may be prescribed or im- posed by said board. The persons using suet waters shall be liable for all damages caused by such use. Every person who shall, within the forest preserve counties of the state, cut or cause to be cut, or allow to be cut any coniferous trees for sale or other purposes, shall cut off or lop or cause to be cut off or lopped from the said trees, aV the time of cutting the said trees, all the limbs 01 branches thereof, unless the said trees be cut for sale and use with the branches thereon, or for use witl/ the branches thereon. Any person violating the pro- visions of this section shall be guilty of a misde- meanor and shall, upon conviction, be fined not more than twenty-five dollars or shall be imprisoned. for not more than thirty days, or both, for eacjj 3S The Forest, Fish and Game Law. offense, and in addition thereto shall be liable to a penalty of two dollars for each and every coniferous tree felled from which he shall neglect to cut or lop off the branches. {As am'd by chap. 474, Laws ^f 1909.) e I 57. Value of reserved timber. — If timber be reserved, its value at the time of making an agreement between the owner and said board for the value of the land so appropriated and the damages caused thereby, or at the time of the presentation to the court of claims of a claim for such value and damages, shall be taken into con- sideration in determining the compensation to be awarded to the owner on account of such appro- priation either by such agreement or by the judg- ment rendered upon such a claim. § 58. Appraisers. — Said board may appoint ap- praisers to examine the lands offered for sale to the state and ascertain the value of such lands and the timber thereon, and report to the board. § 59. Compensation of employees. — Said board shall fix the compensation of all clerks, appraisers or their assistants employed by it, which compen- sation shall be paid by the treasurer, upon the certificate of the board and the audit and warrant of the comptroller. A person so appointed may be removed at the pleasure of the board. § 60. Title to lands. — Said board shall take such measures as may be necessary or proper to perfect the title to any lands in the forest preserve now held by the state, and for that purpose may The Forest, Fish and Game Law. 39 pay and discharge any valid lien or incumbrance upon such land, or may acquire any outstanding or apparent right, title, claim or interest which, in its judgment, constitutes a cloud on such title. The amounts necessary for the purposes of this section shall be paid by the treasurer upon the certificate of the board and the audit and warrant of the comptroller together with the expenses of such examination. § 61. Costs and disbursements. — If an offer is made by said board for the value of land appro- priated, or for damages caused by such appropria- tion, and such offer is not accepted, and the re- covery in the court of claims exceeds the offer, the claimant is entitled to costs and disbursements as in an action in the supreme court, which shall be allowed and taxed by the court of claims and included in its judgment. If in such a case the recovery in the court of claims does not exceed the offer, costs and disbursements to be taxed shall be awarded in favor of the state against the claimant and deducted from the amount awarded to him, or if no amount is awarded judgment shall be entered in favor of the state against the claimant for such costs and disbursements. If an offer is not ac- cepted, it can not be given in evidence on the trial. § 62. Judgments. — When a judgment for dam- ages is rendered for the appropriation of any lands or waters for the purposes specified in this article, and it appears that there is any lien or incumbrance upon the property so appropriated, the amount of such lien shall be stated in the judgment, and the comptroller may deposit the amount awarded to '40 The Forest, Fish and Game Law. the claimant in any bank in which moneys belong- ing to the state may be deposited, to the account of such judgment, to be paid and distributed to the persons entitled to the same as directed by the judgment. § 64. Service of notice. — Service of a notice by said board under section forty-seven must be per- sonal if the person to be served can be found in the state. The provisions of the code of civil pro- cedure relating to the service of a summons in an action in the supreme court, except as to publica- tion, apply, so far as practicable, to the service of such a notice. If a person to be served can not with due diligence be found in the state, a justice of the supreme court may, by order, direct the manner of such service, and service shall be made accordingly. § 65. Court of claims to examine property. — The court of claims, if requested by the claimant or the attorney-general, shall examine the real prop- erty affected by the claim of damages for the ap- propriation thereof and take the testimony in rela- tion thereto in the county where such property or a part thereof is situated. The actual and necessary expenses of each judge and of each officer of the court in making such examination and in so taking testimony shall be audited by the comptroller and paid from the money appropriated for the purposes of this article. § 66. Limitations on taking real property. — The power to appropriate real property, vested in said board by section forty-seven, is subject to the m The Forest, Fish and Game Law. 41 following limitations : Such real property must ad- join land already owned or appropriated by the state at the time the description and certificate are filed in the office of the secretary of state, except that timber land not so adjoining state land may be appropriated whenever in the judgment of the board timber thereon other than spruce, pine or hemlock is being cut or removed to the detriment of the forest, or the interests of the state. § 67. Auditor of fire accounts and fire inspec- tors. — The commissioner may appoint an auditor of fire bills and accounts, who shall receive an an- nual salary of eighteen hundred dollars a year and his necessary traveling expenses, and who shall audit fire bills when reported to the commissioner, as hereinafter provided, and perform such other acts as the commissioner may from time to time direct. Ihe person now chief fire warden is hereby trans- ferred to the position of auditor of fire accounts. The commissioner may also appoint fire inspectors, at least four of whom may, during seasons of the year when forest fires occur, serve along lines of steam railroads in the forest preserve counties of the Adirondacks. They shall inspect such railroads and the engines thereon, reporting to the commis- sioner, the condition thereof for the purposes of fire prevention, and perform such other duties in preventing forest fires and protecting the forest and reforestation as the superintendent of forests or the commissioner shall direct. They shall also have the powers of game protectors, and shall each receive an annual salary of nine hundred dollars and an allow- ance for expenses not exceeding five hundred dollars. {As am'd hy chap. 474, Laws of 1909.) 42 The Forest, Fish and Game Law. § 68. Fire patrol by railroads. — All railroads operated through forests in the forest preserve coun- ties of the state shall at their own expense organize and maintain a competent and efficient fire patrol to protect the forests from fires which may be set or occur by sparks or coals from railroad engines upon or adjacent to the rights of way or lands of such railroads, and unless otherwise directed by the commissioner such patrol shall be maintained con- tinuously from April first to November first of each year. If such railroads do not organize and main- tain such fire patrols, or if in the judgment of the commissioner they do not organize and maintain fire patrols which are adequate and sufficient to pro- tect and save the forests from fires which may be set or occur upon or adjacent to rights of way or lands of such railroads, then the commissioner shall organize and maintain such fire patrol in such manner and under such rules and regulations as he shall from time to time deem proper. Game pro- tectors may, so far as public interest will permit, be detailed by the commissioner to act as such patrols. The persons placed upon patrol of railroad lines and lands and railroad rights of way, and lands and ways adjacent thereto, as herein provided, shall be transported without charge from point to point, as their duties shall require,, by the railroads along whose lines such fire patrol is being maintained. The commissioner shall keep, or cause to be kept, an account of the cost of organizing and maintain- ing such fire patrol along the line of any such rail- road, including therein the salaries, expenses and wages of public officers or employees engaged in organizing and maintaining such fire patrol, and the total cost thereof shall be paid to the commis- The Forest, Fish and Game Law. 43 sioner by the railroad along whose line or lands or rights of way such patrol is maintained, such pay- ment to be made on the first day of December of each year. Any person employed upon fire patrol of such railroads shall immediately report to the commissioner, upon blanks to be furnished by him, every fire started upon the line of the railroad or ways or lands adjacent thereto, within his line of patrol, which runs off the railroad's right of way or lands to other lands, setting forth the origin of such fire and the quantity and quality of the land burned over, and if the fire was started by a locomotive he shall give the number thereof. Such report shall be verified by the person making it and if he be unable to state or ascertain the origin of such fire he shall in his report make oath of such fact. Any person so employed who fails to make such report immediately shall be liable to a penalty of twenty-five dollars, and if he make a false report he shall be guilty of a felony and be punishable therefor. {As am'd by chap. 474, Laws of 1909.) § 69. Fire districts and fire patrols. — For the prevention and fighting of forest fires, the commis- sioner shall, from time to time, make and enforce such rules and regulations as may be necessary and proper for the government and direction of the fire patrol system provided for in this act. Within sixty days after this act shall take effect the commissioner shall divide lands which are in the forest preserve counties of the state into suitable and convenient fire districts not exceeding five in number; he may im- mediately thereafter, for each such fire district, ap- point a superintendent of fires who shall act during the pleasure of the commissioner at an annual salary 44 ^^^^ Forest, Fish and Game Law. of fifteen hundred dollars and necessary traveling expenses. The commissioner may from time to time transfer such superintendents from one fire district to another. In every town the supervisor shall be a member of the fire patrol by virtue of his office, and shall at all times co-operate with and carry out the directions, rules and regulations of the commis- sioner in preventing and fighting forest fires. If the supervisor be absent when the fire occurs the commissioner or any superintendent of fires may call upon and compel any member of the town board of the supervisor's town to act in place of and for such absent supervisor. The commissioner may for- mulate and enforce rules and regulations for the organization and maintenance of local fire companies to prevent and fight forest fires in the forest pre- serve counties of the state, and he may engage such men for that purpose as may be necessary. He shall, when necessary, provide all proper fire-preven- tion and fire-fighting apparatus and establish obser- vation stations and employ men to attend them. He shall also, when necessary, provide fire signals and adopt a fire signal code for use therewith, and pro- vide such other means of communication as shall be necessary in the public interest to prevent and fight forest fires. He may cause trails to be cut, ditches to be dug and barriers to be erected in the forest of such forest preserve counties as may, in hi^- judgment, be necessary to enable all persons quickly to reach the location of fires and to pre- vent and fight the fires. (^As am'd by chap. 474, Laws of 1909 and chap. 6^7, Laws of 1910.) § 70. Duties of superintendents of fire. — Un- der the directions of the commissioner the superin- The Forest, Fish and Game Law. 45 tendents of fire are charged with preventing and ex- tinguishing forest fires in their respective fire dis- tricts and the performance of such other acts as may be required by the commissioner. With the approval of the commissioner each superintendent of fire shall divide his fire district into separate fire patrol districts and subdivide them from time to time as the public interest requires. During seasons of drought, or during other times when forest fires are liable to be set or spread, or at any time when fires threaten the forests, the superintendent for each fire district, upon obtaining the approval of the commissioner therefor, shall employ a suitable person to be known as a fire patrolman permanently to remain upon and patrol one or more of such fire patrol districts as long as may be required, and to prevent and extinguish any fires which may be started thereon. Each such fire patrolman so em- ployed shall be supplied with necessary tents or camps, fire-fighting implements, food and cooking utensils. All fire patrolmen so employed shall be furnished with a copy of the rules and regulations adopted by the commissioner for preventing and fighting forest fires, and shall at all times strictly observe and comply with these rules and regula- tions. When forest fires are actually burning or threatening to burn, the commissioner, and in and during his absence, the superintendents of fires may employ a foreman to direct the work of each crew of men who are actually engaged in fighting forest fires. The commissioner and the superintendents of fires, and if they are absent and fires are actually burning in the forest, the fire patrolmen and super- visors may hire horses and incur other necessary expenses and summon any male person of the age 46 The Forest, Fish and Game Law, of eighteen years and upwards to assist in stopping and putting out fires. Any person summoned who is physically able and refuses to assist, shall be liable to a penalty of twenty dollars. An action for trespass shall not lie against persons crossing or working upon lands of another to prevent or fight fire^. The superintendents of fires and fire patrol- men are hereby vested with all the powers of game protectors as defined by section fourteen, article two, part one hereof, and game protectors may be ap- pointed as superintendents of fire or fire patrolmen. Each fire patrolman shall make a report to the superintendent of fires of the district in which he is employed, of every fire which is started or burns upon his fire patrol district, stating the cause or source of such fire, the amount and quality of the land burned over and the means used for fighting the fire. The superintendents of fires shall transmit all such reports to the commissioner, and shall also re- port all other fires of which they have personal knowledge, giving the particulars thereof as is re- quired from the fire patrolmen. All men employed under the provisions of sections sixty-eight, sixty- nine and seventy of this article shall as emergency employees be exempt from the provisions of +he civil service laws of this state. (As am'd by chap. 474, Laws of 1909.) § 71. Compensation of fire patrolmen and others employed at fires. — Fire patrolmen shall be paid for the time they are actually employed on patrol duty at a compensation fixed by the com- missioner, which shall not exceed the rate of seventy-five dollars per month for the number of days while actually employed. If a patrolman fails The Forest, Fish and Game Law. 47 to remain continuously upon and patrol the fire patrol district allotted to him or is negligent in performing his duties upon such patrol the com- missioner may as a penalty therefor reduce the compensation of the patrolman by one-half. All costs and expenses incurred by the commissioner and his appointees, including patrolmen, and au- thorized by the foregoing sections numbered sixty- nine and seventy, shall be and are hereby made a state charge, and shall be paid by the state on the approval of the commissioner, except the wages and expenses and keeping of supervisors and men summoned or employed to fight forest fires actually burning which shall be paid as hereinafter pro- vided. The wages and expenses and keeping of supervisors and men summoned or employed to fight forest fires actually burning shall be fixed and paid for by the commissioner, and the labor reckoned and paid for by the hours of labor per- formed, which shall not exceed the rate of fifteen cents for each hour employed. The commissioner shall keep, or cause to be kept, an accurate account of the wages of men so employed and the expenses and the keeping of the men and pay the same; one- half the expense thereof shall be a charge upon and shall be paid by the state, and one-half thereof a charge upon and shall be paid by the town in which the men so employed were actually engaged in fighting fires. On or before November tenth of each year the commissioner shall transmit to the county clerk of each of the forest preserve counties in which a forest fire has occurred during the cur- rent year a summary statement of the amount due the state on account of such fires from any town or towns in said county. The county clerk shall 48 The Forest, Fish and Game Law. immediately deliver such statement to the board of supervisors of said county who shall thereupon levy the amount due from each such town to the state upon the taxable property of such town by including the amount thereof in the sums to be raised and collected in the next levy and assess- ment of taxes therein, and shall be collected as other town charges are collected and by the towns paid over to the commissioner on or before May first following the levy thereof. If any person incurs expense in preventing or fighting forest fires, the commissioner may upon satisfactory proof thereof being made to him audit and pay the whole or any part thereof as the public interest requires and half to be rebated by the town as hereinafter provided. {As am'd by chap. 474, Laws of 1909.) § 72. Railroads in forest lands. — Every rail- road company shall, on such part of its road as passes through forest lands or lands subject to fires from any cause, cut and remove from its right of way along such lands, at least twice a year, all grass, brush or other inflammable materials. Where the railroad runs through forest lands in counties containing part of the forest preserve, it shall so cut and remove the same from its right of way whenever required by the commissioner; employ in seasons of drought and before vegetation has re- vived in the spring, sufficient trackmen to promptly put out fires on its right of way; provide locomo- tives thereon with netting of steel or iron wire so constructed as to give the best practicable protec- tion against the escape of fire and sparks from the smoke stacks thereof and adequate devices to pre- vent the escape of fire from ash pans and furnaces The Forest, Fish and Game Law, 49 which shall be used on such locomotives. The public service commission must upon the request of the forest, fish and game commissioner, and on notice to the person or companies affected, require any person, railroad or other company having a railroad running through forest lands in counties containing parts of the forest preserve, to adopt such devices and precautions against setting fire upon its line in such forest lands as the public interest requires. No railroad company or em- ployee thereof shall deposit fire coals or ashes on its track or right of way near such lands. In case of fire on its own or neighboring lands, the rail- road company shall use all practicable means to put it out. Engineers, conductors or trainmen discovering or knowing of fires in fences or other material along or near the right of way of the railroad in such lands, shall report the same at the first station to the station agent, and such station agent shall forthwith notify the nearest fire warden or game protector thereof, and use all .necessary means to extinguish the same. Any person, rail- road or other company failing or neglecting to comply with any of the provisions of this section, or any order of the public service commission made pursuant to the provisions of this section, shall be liable to a penalty of one hundred dollars for each day that it continues a violation thereof, and any officer or employee of a railroad or other company, violating any provisions of this section or neglect- ing to comply with any requirement of the public service commission duly ordered, shall be liable to a penalty of one hundred dollars for every such violation. The supreme court may on notice to the 50 The Forest, Fish and Game Law. persons or corporations affected enforce compliance with any such order of the public service com- mission. (As am*d by chap. 476, Laws of 1910.) § 73. Fires to clear land. — Fallows, stumps, logs, brush, dry grass or fallen timber shall not be burned in the territory hereinafter described from April twenty-first to May thirty-first, both in- clusive, or from September sixteenth to Novem- ber tenth, both inclusive. From June first to September fifteenth, both inclusive, such fires may be set therein if written permission of the superintendents, fire patrol or supervisor of the town or district in which the fire is set has been first obtained. If in a locality near forest or woodland, the superintendents, fire patrol or supervisor shall be personally present when the fire is started. Such fires shall not be started during a heavy wind or without sufficient help present to control the same, and the same shall be watched by the person setting the fire until put out. Any person violating any provisions o-f this section is guilty of a misdemeanor, and in addition thereto is liable to a penalty of not less than fifty dollars nor more than three hundred dollars. This section applies to Hamilton county; to the towns of Altona, Au Sable, Black Brook, Dannemora, Ellenburg and Saranac, Clinton county; to the towns of Andes, Colchester, Han- cock and Middletown, Delaware county; the towns of Chesterfield, Elizabethtown, Jay, Keene, Lewis, Minerva, Moriah, Newcomb, North Elba, North Hudson, Saint Armand, Schroon and Wilmington, Essex county; the towns of Altamont, Belmont, The Forest, Fish and Game Law. 51 Brighton, Duane, Franklin, Harrietstown, Santa Clara and Waverly, Franklin county; the towns of Bleecker, Caroga, Mayfield and Stratford, Fulton county; the towns of Hunter, Jewett, Lexington and Windham, Greene county; the towns of Ohio, Russia, Salisbury, Webb and Wilmurt, Herkimer county; the towns of Croghan, Diana, Greig, Lyonsdale and Watson, Lewis coimty; the towns of Forestport and Remsen, Oneida county; the towns of Corinth, Day, Edinburg and Hadley, •Saratoga county; the towns of Clare, Clifton, Col- ton, Fine, Parishville, Piercefield, Pitcairn, Saint Lawrence county; the towns of Neversink and Rockland, Sullivan county; the towns of Denning, Hardenburg, Olive, Rochester, Shandaken, Shawan- gunk, Wawarsing and Woodstock, Ulster county; the towns of Bolton, Caldwell, Chester, Hague, Horicon, Johnsburgh, Luzerne, Stony Creek, Thur- man and Warrensburg, Warren county; the towns of Dresden, Fort Ann and Putnam, Washington county. (As am'd by chap. 474, Laws of 1909 and chap. 657, Lazus of 19 10.) § 74. Forest fires prohibited. — Any person who sets fire to waste or forest lands in the forest pre- serve counties of the state, except as provided by section seventy-three, or who negligently suffers a fire to extend from his own lands to any other lands, is punishable, on conviction, under section fourteen hundred and twenty-one or section nine- teen hundred of the penal law as the case may be. Such person shall also be liable to the state for damages caused by such wrongful act and to a penalty of ten dollars for each and every tree so 52 The Forest, Fish and Game Lazv. killed or destroyed, which penalty may be re- covered in the action to recover damages or in a separate action and shall also be liable to any mu- nicipality, corporation, or person for any damages caused by such wrongful act, and the person so injured may at his option sue for and recover damages, or damages at the rate of one dollar for each tree killed. Damages to state lands shall be ascertained and determined by the value of the timber thereon, taken at the value the said timber would have if the said lands were owned by pri- vate individuals. The fact that any fire started on or extended over from lands or rights of way owned or leased or used by any railroad company or by any other person using, manufacturing or producing any coal, wood, oil or other fuel or any inflammable material thereon for other than do- mestic purposes, shall be prima facie evidence that the said fire was set or started thereon or suffered to extend therefrom by the wilful negligence of the said person. If state lands in the forest preserve be damaged as aforesaid, an action to recover the damages and penalties as aforesaid shall be main- tained in the name of the people, on the order of the commissioner by counsel designated by him, and recovery shall be had therefor. Any moneys neces- sarily expended by the state, municipality, or other person, in fighting fires upon waste or forest lands in the forest preserve counties of the state may be sued for by the state, municipality, or person ex- pending the moneys and recovered from the person causing the fires as single damages in addition to the damage or damages at the rate of one dollar and in addition to the penalty or penalties of ten The Forest, Fish and Game Law. 53 dollars for each tree killed, provided for as afore- said. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) § 75. Proceeds of actions for forest fires. — Moneys received in the name of the people for violations of sections thirty-three, seventy-two, seventy-three and seventy-four of this chapter shall be paid to the commissioner, who shall apply so much thereof as may be necessary to the payment of the expenses of collections and shall pay one- half of the balance, not exceeding in any one case fifty dollars, to the special game protector, fire war- den or district fire warden upon whose information the action was brought. The balance of such re- ceipt shall be available for enforcing the various provisions of law for the protection of forests against fire. § 75-a. Whenever by reason of drought or other cause, it shall be dangerous to the forests of the state, or for other reason contrary to the pub- lic interest, for any person or persons to enter any portion of the lands within the forest preserve counties of the State for the purpose of camping out or of taking fish, fowl, birds or quadrupeds therein, or for any person or persons being already within the forest preserve counties of the state to take fish, fowl, birds or quadrupeds therein, the governor shall have authority to determine, and shall determine and declare, that it is dangerous to the forests of the state or contrary to the public interest for any person or persons to enter any portion of the lands within the forest preserve counties of the state for the purpose of camping 54 The Forest, Fish and Game Law. out or of taking fish, fowl, birds or quadrupeds therein, or for any person or persons being already within the forest preserve counties of the state to take fish, fowl, birds or quadrupeds therein, and upon such determination and declaration, the gov- ernor shall have authority to forbid, and shall for- bid by proclamation, any person or persons from en- tering the said lands for such purposes, and any person or persons being already therein from tak- ing fish, fowl, birds or quadrupeds therein. But the governor must state in such proclamation the reason or reasons why he has so determined that such acts would be dangerous to the forests or contrary to the public interest, and he must, in such proclamation, limit the time during which such entry and such acts shall be prohibited. And the governor shall have the right to extend the time for taking fowl or birds or quadrupeds to a time equivalent to the time during which the said entry and acts were forbidden. The governor must also, in such proclamation, order that it be pub- lished, and direct the manner in which it shall be published, so as to give wide notice of its contents. Any person or persons violating the provisions of such proclamation shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of one hundred dollars or shall be imprisoned for not more than thirty days, or both, for each offense, in addition to the penalties hereinbefore provided for taking fish, fowl, birds or quadrupeds in the closed season. The said proclamation shall be published by the commissioner in such manner as shall be ordered and directed by the governor. {Added by chap, 474, Laws of 1909.) The Forest, Fish and Game Law. 55 § 75-b. Statistics of forest products. — The superintendent of forests shall annually report to the commission the amount of the lumber manu- factured and wood used for commercial purposes from timber grown in the state. It shall be the duty of all consumers of round timber or wood for paper, pulp or mechanical purposes to furnish information to the commission annually when called upon to do so, in relation to the extent of their use of timber and wood on blanks to be fur- nished by the commissioner. Any such consumer who neglects or refuses to furnish such informa- tion within ten days after request by the superin- tendent of forests so to do shall be liable to a penalty of one hundred dollars, to be collected and used in the same manner as other penalties im- posed by this act. {Added by chap, 474, Laws of 1909.) ARTICLE VI. Quadrupeds. Section y6. Deer; open season. yy. Possession of deer or venison. 78. Transportation. 79. Hounding; dogs to be killed. 80. Wild moose, elk, caribou and antelope. 81. Black and gray squirrels. 82. Hares and rabbits. 83. Beaver; close season. 84. Mink, skunk, muskrat and sable. 85. Land turtles. 86. Penalties. § 76. Deer; open season. — The open season for all deer shall be from September sixteenth to October thirty-first, both inclusive, in wholly in- 56 The Forest, Fish and Game Law. closed deer parks and in the counties of Clinton, Dutchess, Essex, Franklin, Fulton, Hamilton, Her- kimer, Jefferson, Lewis, Oneida, Saratoga, Saint Lawrence, Warren and Washington, except in all that portion of Oneida, Lewis and Jefferson coun- ties lying westerly of the Utica and Black River railroad from Utica to Ogdensburg where there shall be no open season. The open season for deer in Ulster county and the towns of Cochecton, Tus- ten. Highland, Lumberland, Forestburg and Bethel and in all that section of the towns of Mamakating and Thompson lying south of the Newburgh and Cohocton turnpike in Sullivan county and the town of Deer Park in Orange county shall be from October sixteenth to October thirty-first, both inclusive. Deer shall not be taken at any other time or possessed except as provided by sections seventy- seven and seventy-eight. There shall be no open season for deer elsewhere in the stale, except on Long Island as hereinafter provided. No person shall take more than two deer in an open season. No person shall take any wild deer between sun- set and sunrise. No wild deer shall be taken while in water. Deer may be taken alive at any time by the commission to restock the state's deer parks or to exchange for elk or moose. Fawns in the spotted or red coat shall not be taken nor shall any part thereof be possessed at any time. No traps, saltlick or other device to entrap or entice deer shall be made, set or used, nor shall deer be taken by aid or use thereof. No jack light or other artificial light shall be used in taking deer. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) The Forest Fish and Game Lew. S7 § 77. Possession of deer or venison. — Deer or venison may be possessed or sold from Septem- ber sixteenth to November fifth, both inclusive. Possession of deer or venison from midnight of October thirty-first to midnight of November fifth shall be presumptive evidence that the same was unlawfully taken by the possessor. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) § 78. Transportation. — Deer or venison killed in this state shall not be transported from or through any county, or possessed for that purpose, except as follows: One carcass or a part thereof at one time may be transported from the county where killed when accompanied by the owner. No person shall transport or accompany more than two deer in any year under this section. Deer or ven- ison killed in this state may be ^accompanied by a common carrier for transportation from September sixteenth to November first, both inclusive, but if possession is obtained for transportation after Sep- tember fifteenth and before midnight of November first, it may, when accompanied by the owner law- fully remain in the possession of such common car- rier the additional time necessary to deliver the same to its destination. Possession of deer or venison by a common carrier, or by any person in its employ while engaged in the business of such common carrier, unaccompanied by the owner shall constitute a violation of this section by such common carrier. This section does not ap- ply to the head, feet or skin of deer legally taken it carried separatelf, nor shall it apply to domesti- * So in original. 58 The Forest, Fish and Game Lazv. cated deer propagated in wholly inclosed deer parks, when shipments made from such parks are accom- panied by a permit issued by the forest, fish and game commission under conditions prescribed by the commissioner. (As am'd by chap. 474, Laws of 1909 and chap. 6S7, Laws of 1910.) § 79. Hounding; dogs to be killed. — Deer shall not be hunted, pursued or killed with any dog or bitch. Dogs shall not be permitted by the owner or persons harboring the same to run at large in or to be taken into forests inhabited by deer or kept or possessed in the Adirondack park. If any dog or bitch be in the forest preserve or found hunting, pursuing or killing deer or running at large in forests inhabited by deer, it shall be presumptive evidence of a violation of this section by the per- son owning, using, having or harboring such dog or bitch. Any person may, and it shall be the duty of every game protector to kill any dog or bitch found in the Adirondack park or in a deer forest, or pur- suing deer and no action for damages shall be main- tained against a person for such killing. No dog or bitch shall be taken into or harbored in any hunt- ing or lumber camp within the forest preserve. § 80. Wild moose, elk, caribou and antelope. — There shall be no open season for wild moose, elk, caribou or antelope, but they may be brought into the state for breeding purposes. The flesh or any portion of any such animal shall not be possessed, sold or transported at any time unless the animal vv-as killed without the state or by the owner thereof ill a private park within the state during the open season for deer. Possession thereof during such The Forest, Fish and Game Law. 59 open season shall be presumptive evidence that it was unlawfully taken by the possessor. The forest, fish and game commission may acquire by gift, pur- chase or capture, a sufficient number of wild moose and elk to stock the Adirondack region, and may care for, herd and yard the same temporarily, and liberate them in such region, at such times and places as it deems most conducive to their probable sub- sistence and increase. § 8i. Black and gray squirrels. — The open season for black and gray squirrels shall be from October first to November thirtieth, both inclusive. They shall not be taken, possessed or sold at any other time. In Richmond and Niagara counties there shall be no open season for black and gray squirrels. {As am'd by chap. 6S7, Laws of 1910.) § 82. Hares and rabbits. — The open season for hares and rabbits shall be from October first to February fifteenth, both inclusive, except in Fulton county, where the open season shall be from Oc- tober first to January fifteenth, both inclusive. Hares and rabbits native in this state shall not be taken, possessed or sold at any other time. No person shall take more than ten hares or rabbits in any one day. Nothing in this section shall prevent the owner or occupant of inclosed or occupied farm lands or their employees from taking hares and rabbits on such owner's or occupant's prem- ises at any time to prevent their injuring property. There shall be no close season for Belgian hares, jack rabbits or rabbits bred in captivity. (As am'd by chaps. 240 and 474, Laws of igop and chap. 657, Laws of 1910.) 6o The Forest, Fish and Game Law, § 83. Beaver; close season. — There shall be no open season for beaver. No person shall take, trap, 01 snare in any manner, any beaver, or have in his possession any beaver, so taken, trapped or snared. No person shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same. The forest, fish and game commission may acquire by gift, purchase or capture a sufficient num- ber of wild beaver to restock the Adirondack region, and may care for the same temporarily and liberate them in such region and at such time and places as it deems most conducive to their subsistence and increase. § 84. Mink, skunk, muskrat and sable. — The open season for mink, skunk, martin or sable shall be from November fiKst to March fifteenth, botli inclusive. The open season for muskrat shall be from November first to April fifteenth, both in- clusive. They shall not be possessed or killed at any other time. Muskrat houses shall not be in- jured or destroyed at any time. Nothing in this section shall prohibit the taking or killing at any time of skunks which are injuring property or which have become a nuisance. (As am'd by chap. 474, Laws of 1909 and chap. 657, Lazus of 1910.) § 85. Land turtles. — Tailing, killing or expos- ing for sale of all land turtles or tortoises, including the box turtle and the wood turtle, is hereby pro- hibited. § 86. Penalties. — A person who violates any provision of this article is guilty of a misdemeanor, The Forest, Fish and Game Law. 6l and in addition thereto, is liable as follows: For each violation of section seventy-six to eighty, both inclusive, to a penalty of one hundred dollars, and for each deer, elk, caribou, antelope, or part of any such animal taken or possessed in violation of any provision of any of said sections, an additional penalty of one hundred dollars ; for each wild moose or part of such animal taken or possessed in viola- tion of any provision of said sections, an addi- tional penalty of two hundred and fifty dollars; for each violation of section eighty-one, to a penalty of twenty-five dollars and for each squirrel or part thereof taken or possessed in violation of said sec- tion, an additional penalty of ten dollars; for each violation of section eighty-two, a penalty of twenty- five dollars, and for each rabbit taken or possessed in violation of such section, an additional penalty of ten dollars ; for each beaver taken in violation of section eighty-three to a penalty of one hundred dol- lars; for each violation of section eighty-four, to a penalty of twenty-five dollars; and for each viola- tion of section eighty-five to a penalty of ten dol- lars. A person convicted of a misdemeanor for a violation of section eighty of this article shall be punished by imprisonment for a term of not less than three months nor more than one year. ARTICLE VII. Birds. Section 87. Wild fowl; open season. 88. Manner of killing. 89. Quail; open season. 90. Woodcock; open season. 91. Grouse; open season. 62 The Forest, Fish and Game Law. Section 92. Grouse, woodcock and quail not to be bought or sold. 93. Woodcock, grouse and quail not to be possessed. 94. Woodcock, grouse and quail not to be transported. 95. Plover and other birds; open season. 96. Mongolian ring-necked and English or other pheasants. 97. Antwerp or homing pigeons. 98. Certain wild birds protected. 99. Destroying or robbing nests. 100. No snares, nets or traps. • loi. Certificate to collect for scientific pur- poses. 102. Taking game in Westchester county. 103. Birds and game not to be transported. 104. Hunting license. 105. Penalties. § 87. Wild fowl; open season. — Ducks, geese, brant and swan may be taken from September sixteenth to January tenth, both inclusive, and possessed from September sixteenth to January fifteenth, both inclusive; they shall not be taken in the night after sunset until sunrise; they shall not be taken or possessed at any other time. There shall be no open season at any time for wood duck. Ducks, geese, brant and swan taken without the state may be sold or offered for sale within the state between January tenth and March first, pro- vided the person who sells or offers the same for sale shall have given to the commissioner a bond to the people of the state, as hereinafter provided, approved by him as to form, amount and suf- The Forest, Fish and Game Law. 63 ficiency of sureties. Such bond shall be condi- tioned that such person shall not have in his possession or sell between January tenth and March first of each year, ducks, geese, brant and swan taken within this state, and shall contain such other provisions as to inspection of ducks, geese, brant and swan possessed by him, evidence that the same were taken without the state, by way of bill of sale, way bill or otherwise, and generally such requirements as the commissioner may deem necessary to secure the enforcement of this sec- tion. Ducks, geese, brant and swan taken without the state shall not be possessed or sold under the provisions of this section unless the person who possesses, sells or offers for sale ducks, geese, brant and swan taken without the state shall have given to the commissioner the bond as hereinbefore provided. Possession of ducks, geese, brant and swan by any person shall be presumptive evidence that they were taken in this state, provided that such presumption shall not attach to the possession between January tenth and March first of ducks, geese, brant and swan by any person who shall have given to the commissioner the bond, as here- inbefore provided, so long as the same shall remain in force; nor shall such presumption attach to possession of ducks, geese, brant and swan by any person purchasing the same for consumption from a person whose bond is in force as aforesaid. But no presumption that ducks, geese, brant or swan are possessed free from the presumption that they were taken in this state, as herein provided, shall arise in any action or legal proceeding until it affirmatively appears that the provisions of this 64 The Forest, Fish and Game Law. section have been complied with. Any person violating the provisions of such bond shall be de- nied the privilege of giving another bond under this section. {As am'd by chap. 6s7, Laws of 1910.) § 88. Manner of killing. — Ducks, geese, brant and swan shall not be taken except with a gun fired at arm's length without rest. They shall not be pursued by nor fired at from any sailboat or powerboat, nor from any boughhouse or- float- ing device used to conceal the hunter if more than fifty feet from shore, or a natural growth of flags. Fowl taken in violation of law shall not be brought ashore, sold or possessed. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) § 89. Quail; open season. — The open season for quail shall be from November first to November thirtieth, both inclusive; they shall not be taken or possessed at any other time, except as provided by sections ninety-two and ninety-three of this chap- ter. No person shall take more than thirty-six quail in an open season, nor more than six in one day. There shall be no open season for quail in Dutchess, Westchester, Putnam and Rockland counties until nineteen hundred and ten. § 90. Woodcock; open season. — Woodcock may be taken from October first to November thirtieth, both inclusive; they shall not be taken or possessed at any other time except as provided by sections ninety-two and ninety-three of this chapter; no per- son shall take more than thirty-six woodcock in an open season, nor more than six in one day. The Forest, Fish and Game Law, 65 § 91. Grouse; open season. — The open season for grouse shall be from October first to November thirtieth, both inclusive; they shall not be taken or possessed at any other time except as provided by section ninety-two of this chapter. No person shall take more than twenty grouse in an open season, noi more than four in one day. There shall be no open season for grouse in the counties of Putnam, Rock- land, and Westchester until nineteen hundred and ten. There shall be no open season for Hungarian or European grey legged partridge. (^As am'd by chap. 474, Laws of 1909.) § 92. Grouse, woodcock and quail not to be bought or sold. — Grouse, woodcock and quail taken in this state shall not be bought, sold or offered for sale within this state, or carried without the state, nor shall grouse, woodcock or quail taken without the state be bought, sold or offered for sale within the state unless the person who offers for sale or sells grouse, woodcock or quail taken without the state shall have given to the commis- sioner a bond to the people of the state, as herein- after provided, approved by him as to form, amount and sufficiency of sureties. Such bond shall be con- ditioned that such person shall not have in his pos- session or buy or sell, grouse, woodcock or quail taken in this state, and shall contain such other provisions as to inspection of grouse, wood- cock or quail possessed by him, evidence that the same were taken without the state, by way of bill of sale, waybill or otherwise, and generally such requirements as the commissioner may deem necessary to secure the enforcement of this section. Possession of grouse, woodcock or 66 The Forest, Fish and Game Law. quail by any person shall be presumptive evidence that they were taken in this state, provided that such presumption shall not attach to the possession of grouse, woodcock or quail by any person who shall have given to the commissioner the bond, as hereinbefore provided, so long as the same shall be in force; nor shall such presumption attach to pos- session of grouse, woodcock or quail by any person purchasing the same for consumption from a person whose bond is in force as aforesaid. But no pre- sumption that grouse, woodcock or quail are pos- sessed free from the presumption that they were taken in this state, as herein provided, shall arise in any action or legal proceeding until it affirma- tively appears that the provisions of this section have been complied with. Any person violating the pro- visions of such bond shall be denied the privilege of giving another bond under this section. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 19 10.) § 93. Woodcock, grouse and quail not to be possessed. — Woodcock, grouse and quail shall not be sold or possessed during the close season, except in the month of December and first two days of January, and possession or sale thereof during December and the first two days in January, shall be presumptive evidence that they were unlawfully taken by the possessor. There shall be no open season for grouse and quail in Dutchess county prior to October first, nineteen hundred and thir- teen, but woodcock may be taken and possessed during the open season as provided by section ninety of the forest, fish and game law. (As am*d by chaps. 6^7 and 664, Lazus of 1910.) I The Forest, Fish and Game Law. 67 § 94. Woodcock, grouse and quail not to be transported. — Woodcock, grouse and quail shall not be transported within this state or into the state from a point without the state less than twenty-five m'.les from the state line, unless accompanied by the actual owner thereof, and no person shall transport or accompany more than twenty grouse, thirty-six woodcock or thirty-six quail in any calendar year, or more than four grouse, six woodcock or six quail at one time. Possession thereof by an in- dividual, a common carrier, or employee of a com- mon carrier, at the time actually engaged in the business of such common carrier, unaccompanied by the actual owner thereof, shall constitute a violation of this section by such individual, common carrier or employee. No common carrier or person in its employ shall transport such birds as owner. § 95. Plover and other birds; open season. — Wilson, called English snipe, yellow legs, rail, mud- hen, gallinule, surfbirds, curlew, water chicken, jack- snipe, baysnipe, shore birds or plover may be taken from September sixteenth to December thirty-first, both inclusive. They shall not be taken or possessed at any other time. § 96. Mongolian ring-necked and English or other pheasants. — There shall be no open season for Mongolian ring-necked, English or other pheas- ants, nor shall the same be killed or possessed, ex- cept in the counties of Fulton, Livingston, Monroe, Ontario, Orleans, Wayne, Suffolk, Seneca, Niagara, Yates, Cayuga, Erie, Genesee, Oswego, Wyoming and Dutchess, prior to October, nineteen hundred and fourteen; provided, however, that in the coun- 68 The Forest, Fish and Game Law. ties of Livingston, Monroe, Ontario, Orleans, Seneca, Niagara, Yates, Cayuga, Erie, Genesee, Oswego, Wyoming and Wayne the cock or male of said pheasants may be taken on Thursdays and Saturdays in the month of October, and pos- sessed during said month of October, but the bur- den of proof shall be on the possessor to show that the same were legally taken in accordance with the provisions of this section, and the said pheasants shall not be sold or offered for sale at any time, nor shall any person kill, take or possess more than three of said pheasants in any one year,- and it is further provided that pheasants bred or purchased and liberated in Suffolk, Dutchess and Fulton coun- ties, by the game clubs and private owners, may be possessed in Greater New York for consumption but not for sale. Mongolian ring-necked, English 01 other pheasants may be taken or possessed in the counties of Suffolk and Dutchess from Novem- ber first to December thirty-first, and in Fulton county, from September sixteenth to November thirtieth, both inclusive. They shall not be taken or possessed at any other time. In nineteen hundred and fourteen, the open season in counties now closed shall be as it now is in Livingston county. (As am'd by chap. 6s7, Laws of 1910.) § 97. Antwerp or homing pigeons. — No person shall take or interfere with any Antwerp or homing pigeon if it hav£ the name of its owner stamped upon its wing or tail, or wear a ring or seamless leg band with its registered number stamped thereon, or have any other distinguishing mark; nor shall any person remove any such distinguishing mark from any such pigeon. The Forest, Fish and Game Law. 69 § 98. Certain wild birds protected. — Wild birds other than the English sparrow, crow, hawk, crow- blackbird, snow-owl, great horned owl and king fisher shall not be taken or possessed at any time, dead or alive, except under the authority of a cer- tificate issued under this chapter. No part of the plumage, skin or body of any bird protected by this section* or of any birds coming from without the state whether belonging to the same or a differ- ent species from that native to the state of New York, provided such birds belong to the same family as those protected by this chapter shalf be sold or had in possession for sale. The pro- vision of this section shall not apply to game birds for which an open season is provided in this chapter; excepting that quail, English pheasants and Hungarian partridges shall not be taken at any time in Richmond county prior to the year nineteen hun- dred and fourteen. {As am'd by chap. 474, Laws of 1909, and chap. 256, Laws of 1910.) § 99. Destroying or robbing nests. — Nests of wild birds other than the English sparrow, crow, hawk, crow-blackbird, snow-owl, great horned owl and king fisher shall not be robbed or wilfully de- stroyed, except when necessary to protect buildings or prevent their defacement. § 100. No snares, nets or traps. — No wild bird or bird for which a close season is provided, shall be trapped, netted or snared, or if so taken pos- sessed. No net, trap or snare for taking grouse or quail, shall be set, placed or used where such birds * The provision in italics in Sec. 98 is not to take effect until July i, 191 1. 70 The Forest, Fish and Game Law. can be taken. Any such net, trap or snare is de- clared to be a public nuisance, and may be sum- marily abated and destroyed by any person and it shall be the duty of .every protector to seize and de- stroy any such device. § 1 01. Certificate to collect for scientific pur- poses. — A certificate may be issued by the com- mission, to any person upwards of eighteen years of age, permitting the holder thereof to collect birds, birds' nests or eggs for scientific purposes. Before such certificate is issued, the applicant must file written testimonials from two well-known scientific ornithologists certifying to his good character and fitness to be intrusted with the privilege. Every applicant except an officer of the New York state museum, must pay one dollar for the expense of issuing the certificate and must file a bond in the penal sum of two hundred dollars with two re- sponsible sureties, to be approved by the commis- sion, conditioned that he will not violate the pro- visions of this chapter or avail himself of the privileges of said certificate for other than scientific purposes. Persons receiving such certificate must report the result of collections made thereunder an- nually to the commissioner, at the expiration of the license. Such a certificate shall be in force for one year only from the date of issue and shall not be transferable. § 102. Taking game in Westchester county. — Game shall not be taken in a public highway, or on the lands of a railway or lands purchased or con- demned for the Croton aqueduct within the county of Westchester. The Forest, Fish and Game Law. 71 § 103. Birds and game not to be transported. — Birds or quadrupeds or parts thereof, game, except fish taken in this state, shall not except as herein provided and as provided in section one hundred and four, be transported without the state; nor shall the same be taken or possessed v^^ith intent to trans- port the same without the state. Any person doing any act with reference to such birds or game or in aid of such taking or transportation shall be deemed to have violated this section. No person shall at any time transport any birds or fish for which a close season is provided in any package unless the kind and number of such birds or fish shall be plainly marked on the outside of said package, to- gether with the names of consignor and consignee, the initial point of billing and the destination. The reception by any person or common carrier within this state, of any such bird or birds or fish for ship- ment in an unmarked package shall constitute a violation of this section by such person or common carrier. This section does not apply to fish taken or produced without the state, provided, the same shall be transported within the state from points not less than fifty miles from the state line, nor does it apply to the head, feet or skin of deer when severed from the carcass, or to quadrupeds named in section eighty-four of this act. (As am'd by chap. 6^7, Laws of 1910.) § 104. Hunting license. — No person or persons shall at any time hunt, pursue or kill with a gun any of the wild animals, fowl or birds that are pro- tected during any part of the vear. or use a srim for huntmg except as nerem proviaea witnout ftrst having procured a license so to do and then only ^2 The Forest, Fish and Game Law. during the respective periods of the year when it shall be lawful. Said license shall be procured from any county, city or town clerk in the following man- ner, to wit: The applicant shall fill out a blank ap- plication to be furnished by the commissioner through the clerk of each county, city and town, stating name, age, occupation and place of residence of applicant, also whether a citizen of the United States or an alien and such other facts or descrip- tion as may be required by the commissioner. Said application shall be subscribed and sworn to by the applicant before any officer authorized to administer oaths in the state of New York, and said applicant, if a nonresident of the state, an unnaturalized per- son, or an alien, shall pay to the clerk countersign- ing and delivering the license the sum of twenty dollars, together with the sum of fifty cents as a £ee to the clerk, and, if a resident of the state, shall pay to the clerk countersigning and issuing the license the sum of one dollar as a license fee, to- gether with the sum of ten cents as the fee of the county, city or town clerk for issuing such license, which said license shall bear the signature of the commissioner, and the seal of the county, city or town in which the same is issued and be counter- signed by the said clerk. The license fees above provided for shall be remitted by the city and town clerks on the first Tuesday of each month to the county clerk of the county, and such fees together with those received by the county clerk for issuing licenses from his office shall be remitted to the com- missioner on the second Tuesday of each month with a schedule setting forth the name and residence of each licensee and the amount paid, and shall by him be remitted to the state treasurer as are fines and The Forest, Fish and Game Law. 73 penalties. Every license issued shall be signed by the licensee in ink, as aforesaid, and shall entitle the person to whom issued to hunt, pursue and kill game animals, fowl and birds within the state at any time when or place where it shall be lawful to hunt, pursue and kill such game animals, fowl and birds, and no person to whom a license has been is- sued shall be entitled to hunt, pursue or kill game animals, fowl and birds in this state unless at the time of such hunting, pursuing or killing, he or she shall have such license on his or her person, and shall exhibit the same for inspection to any pro- tector or other officer or other person requesting to sec the same, and such license shall be void after the thirty-first day of December next succeeding its issuance; provided, that the owner or owners of farm land, and their immediate family or families occupying and cultivating the same, or the lessee or lessees thereof and their immediate family or fam- ilies who are actually occupying and cultivating the same, shall have the right to hunt and kill game on the farm land of which he or they are the bona fide owners or lessees during the season when it is law- ful to kill game without procuring such resident license. Any person who shall at any time alter or change in any material manner or loan or transfer to another, any license issued as aforesaid, shall be deemed guilty of a forgery, and, on conviction thereof, shall be subject to the penalties provided for the commission of forgery.' All prosecutions for a violation of the provisions of this chapter re- lating to licenses may be brought by any person in the name of the people of the state of New York against any person or persons violating any of the provisions of this chapter, so far as it relates to 74 The Forest, Fish and Game Law. licenses, before any court of competent jurisdiction; and it is hereby made the duty of all district attor- neys to see that the provisions of this section are enforced in their respective counties, and said dis- trict attorneys shall prosecute all offenders on re- ceiving information of the violation of any of the provisions of this section; and it is hereby made the duty of all sheriffs, deputy sheriffs, constables and police officers to inform against and prosecute all persons who, there is reasonable cause to believe, are guilty of violating any of the provisions pf this section. Nothing herein shall prevent the commis- sioner from prosecuting persons for violation of this section. All moneys recovered in any penal action under this chapter, in so far as it relates to licenses, shall be remitted by the person or court re- covering the same to the commissioner; one-half of the amount recovered in any penal action under this section, in so far as it relates to licenses, after all disbursements and expenses in relation to the same, including attorney fees, shall have been paid, shall be paid to the person filing the complaint in such action by the state treasurer on approval of the commissioner, unless such person is a regular game protector. All bills for costs, disbursements and attorney's fees in any action or proceeding under this chapter relating to licenses shall be duly verified, presented to the commissioner, audited by said commissioner and paid on his approval by the state treasurer to the person entitled to the same. The form of the license shall be determined and the license blank prepared by the commissioner, and by him furnished through the county clerks of the sev- eral counties of the state to the city and town clerks. Each nonresident license shall have at- The Forest, Fish and Game Law. 75 tached one coupon permitting the transportation out of the state of one deer or parts thereof under con- ditions to be prescribed by the commission. At the end of each season for hunting, the city and town clerks shall detach the stubs of licenses issued and forward the same securely attached to a report of the number issued and the amount of license money received to the county clerk of the county, whose duty it shall be to see that proper returns are made to him by all city and town clerks in his county, and to return to the commissioner all such stubs and reports with a final report recapitulating and tabu- lating the total number of licenses of both kinds issued in his county in the calendar year. The county clerk shall be reimbursed by the state for postage and expressage used in distributing licenses to city and town clerks and for his monthly reports required to be made to the commissioner; his bills therefor shall be presented, audited and paid as herein provided for other payments. § 105. Penalties. — A person who violates or fails to perform any duty imposed by any of the provisions of this article is guilty of a misdemeanor, unless otherwise provided, and is liable to a pen- alty of sixty dollars and an additional penalty of twenty-five dollars for each bird, or quadruped or part of bird or quadruped bought, sold, offered for sale, taken, possessed, transported or had in possession for transportation in violation thereof. A nonresident or alien who violates any of the pro- visions of section one hundred and four is guilty of a misdemeanor and is liable to a penalty of one hundred dollars for each violation thereof. (As am'd by chap. 657, Laws of 1910.) 76 The Forest, Fish and Game Law. ARTICLE VIII. Fish, General Provisions. Section io6. Trout; open season. 107. Trout; not disturbed while spawning. 108. Waters inhabited by trout. 109. Lake trout and whitefish ; open season. no. Certain fish not to be transported. 111. Private waters not to be stocked from streams. 112. No fishing through ice. 113. (Repealed.) 114. Certain fish not to be placed in the Adirondacks. 115. Black bass; open season; size and catch. 116. Black bass; special. 117. Pickerel and pike. 118. Maskalonge; open season. 119. Salt water striped bass. 120. Sturgeon; required length of. 121. No fishing near fiehways. 122. Tip-ups. 123. Eel weirs and eel pots. 124. Taking minnows for bait. 125. Fish taken by angling; meshes of nets. 126. Frostfish and whitefish taken with nets. 127. Nets to be licensed. 128. Thumping. 129. Carp not to be placed in certain waters. 130. Taking fish in Lake Champlain; regu- lations. 131. Polluting streams. 132. Polluting of water used by stale fish hatcheries. The Forest, Fish and Game Law. yy Section 133. Drawing off water forbidden. 134. Streams not to be obstructed. 135. Explosives prohibited. 136. Acquisition of land and water for propagation of fish. 137. State engineer and surveyor to make description of land and water appro- priated. 138. Service of notice. 139. Adjustment of claims by agreement. 140. When claims may be presented to court of claims. 141. Net to be destroyed by game protect- ors. 142. Seizure of nets; expenses; regulations in certain counties. 143. Penalties. § 106. Trout; open season. — The open season for trout shall be from April sixteenth to August thirty-first, both inclusive, except in the counties of Ch'nton, Essex, Franklin, Fulton, Hamilton, Sara- toga, Saint Lawrence, Warren and Washington and in that portion of Herkimer county north of the Mohawk river, where the season shall be from May first to August thirty-first, both inclusive, and ex- cept in Allegany, Cattaraugus, Chautauqua, Cort- land, Livingston, Tioga and Wyoming counties where the open season shall be from April sixteenth to July fifteenth, both inclusive, and except in the Genesee river in the county of Allegany, in Spring brook in the county of Livingston, in the west branch of the Oatka creek in the town of Gaines- ville in the county of Wyoming, and in that part of Cattaraugus creek which is in the counties of yS The Forest, Fish and Game Law. Cattaraugus and Chautauqua where the open season shall be from April sixteenth to August thirty-first, both inclusive, and in the county of Chenango where the open season shall be from April sixteenth to July thirty-first, both inclusive. Trout shall not be taken or possessed at any other time, nor shall trout taken in any of the waters of the state be sold or offered for sale. Trout less than six inches in length shall not be taken or possessed. This section shall not apply to private hatcheries in sale of trout, or for propagation. (As am'd by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) § 107. Trout; not disturbed while spawning. — Trout and lake trout on spawning beds in the close season shall not be disturbed, nor shall their spawn or milt be taken from the spawning beds. § 108. Waters inhabited by trout. — Fish shall not be taken in fresh waters inhabited by trout, except by angling. f 109. Lake trout and whitefish, open season. — The open season for lake trout and whitefish shall be from May first to August thirty-first, both inclusive, except in Lakes Erie and Ontario, where the open season for lake trout and whitefish shall be from January first to October thirty-first, both inclusive; and except in the counties of Ulster, Sullivan, Orange, Rockland, Westchester and Richmond, where the open season for lake trout shall be from May first to June thirtieth, both in- clusive, and except in Lake Keuka, where the open season for lake trout shall be from April sixteenth to August thirty-first, both inclusive. Lake trout The Forest, Fish and Game Law, 79 less than fifteen inches in length shall not be taken or possessed. Whitefish less than two pounds in the round shall not be taken from any of the waters of the state or possessed at any time. Lake trout or whitefish shall not be taken or pos- sessed at any other time, except in Owasco, Skane- ateles and Keuka lakes when the open season for lake trout shall be from April sixteenth to October thirty-first, both inclusive, provided that during the close season any person may buy, possess or sell lake trout or whitefish taken without the state if such person will at all times permit the commis- sion or any member or officer thereof a full ex- amination of his books and papers relating to the purchase and sale of fish, and will, when required by the commission, furnish the original invoice or in- voices, freight or express receipts used in the trans- portation thereof. (As am'd by chap, 474, Laws of 1909 and chaps. 657 and 663, Lazvs of 1910.) § no. Certain fish not to be transported. — Lake trout taken in inland waters and trout shall not be transported in this state except when accom- panied by the actual owner. No person shall take or transport at any one time more than twenty-five pounds of lake trout, nor more than ten pounds of trout. Possession of lake trout or trout by a com- mon carrier or employee thereof, while actually en- gaged in the business of such common carrier, un- accompanied by the actual owner, shall constitute a violation of this section by such employee and common carrier. This article shall not apply to private hatcheries but all shipments from private hatcheries must be accompanied by a permit issued by the forest, fish and game commission. 8o The Forest, Fish and Game Law. § III. Private waters not to be stocked from streams. — Trout or lake trout shall not be taken from any of the waters of the state for the purpose of stocking private ponds or streams. Provided, however, that any person desirous of aiding the state in the propagation and distribution of trout may, on the approval of the commissioner, take trout or spawn from public waters for breeding purposes. Trout or spawn so taken shall be re- turned to public waters of the state. Before per- mission is given, or trout taken as herein provided, the applicant shall show conclusively that he has facilities for breeding trout, and must execute a satisfactory bond to the people of the state, to be approved by the commissioner, conditioned that he will not sell, give away, convert to his own use, or otherwise dispose of any trout or spawn taken under said permit, and will return the adult and young trout to public waters at such times and places as the commissioner may designate. § 112. No fishing through ice. — Fish shall not be taken through the ice in waters inhabited by trout or lake trout, during the close season there- for. This section shall not apply to Lakes Ontario and Erie or to the Hudson, Niagara and Saint Lswrence rivers. § 113. (Repealed by chap. 474, Laws of 1909.) § 114. Certain fish not to be placed in Adiron- dacks. — Fish, or fry spawn or milt thereof, other than trout, lake trout and Adirondack frostfish, shall not be placed in the waters of the Adirondack region except under the supervision of the com- missioner and pursuant to his order. The Forest, Fish and Game Law. Si § 115. Black bass; open season; size and catch. — The open season for black bass shall be from June sixteenth to December thirty-first, both inclu- sive. They shall not be taken or possessed at any other time. Black bass less than ten inches in length shall not be taken. Small-mouth black bass less than twelve inches in length shall not be taken in the waters of Putnam county. No person shall take more than twenty-four black bass in one day. Whenever two or more persons are angling from the same boat, they shall not take more than thirty- six bass in one day. Black bass shall not be pos- sessed in any county during the season that is closed throughout the entire county, or when they are unlawfully taken. Bass shall not be taken in any manner, except b}^ angling, in any of the waters of this state, nor shall bass so taken in any of the waters of the state be sold or offered for sale. {As am'd by chap. 657, Laws of 19 10.) § 116. Black bass; special. — Black bass shall not be taken from the waters of Orange lake in Orange county after sunset or before sunrise, and no fish of any kind shall be taken from the waters of said lake between the first day of March and the fifteenth day of June, both inclusive. No per- son shall take more than twelve black bass in the Saint Lawrence river in one day, and whenever two or more persons are angling from the same boat, they shall not take more than twenty-four bass in one day. § 117. Pickerel and pike. — The open season foi pike and pickerel shall be from May first to the last day of February, both inclusive, except there shall be no closed season for blue pike in Lake Erie. S2 The Forest, Fish and Game Law. Pike and pickerel shall not be taken or possessed at any other time, provided that during the close season any person may buy, possess or sell pickerel or pike taken without the state if such person will at all times permit the commission or any member or officer thereof to have an examination of his books and papers relating to the purchase and sale of fish, and will when required by the commission furnish the original invoice or invoices, freight or express receipts used in the transportation thereof. The commission may permit the taking or destruc- tion of pickerel at any time in waters inhabited by trout. Wall-eyed and yellow pike, less than ten inches in length, shall not be taken or possessed. (As am*d by chap. 474, Laws of 1909.) § 118. Maskalonge; open season. — The open season for maskalonge shall be from June first to the last day of February, both inclusive; they shall not be taken or possessed at any other time except in the counties of Chautauqua and Cattaraugus as hereafter provided. Maskalonge less than twenty- four inches in length shall not be taken or possessed. § 119. Salt-water striped bass, — Salt-water striped bass less than eight inches in length shall not be intentionally taken or possessed at any time. Striped bass shall not be intentionally taken from the Hudson river by a net between April thirtieth and July thirtieth, both inclusive. If taken in either case, the same shall be immediately returned to the water where taken. § 120. Sturgeon; required length of. — Sturgeon less than three feet long shall not be intentionally taken, or possessed. The Forest, Fish and Game Lazv. 83 § 121. No fishing near fishways. — The commis- sion shall maintain fifty rods from every fishway erected by the state in public waters on both sides of the stream above and below the fishway, sign boards containing substantially the following no- tice: "Fifty rods to the fishway; all persons are prohibited by law from fishing in this stream be- tween this point and the fishway." No person shall take fish within fifty rods of any such fishway. § 122. Tip-ups. — Bullheads, catfish, eels, perch, sunfish, and, except during the months of March and April, pike and pickerel may be taken through the ice with a hook and line or tip-ups in waters not inhabited by trout. But no person shall operate or control at the same time more than five tip-ups, except in Honeoye lake, Canadice lake and Conesus lake, and Oneida lake, where fifteen may be used, and such person shall at all times said lines are set be personally present and have personal super- vision and control over the same. {As am'd by chap. 6s7, Laws of 1910.) § 123. Eel weirs and eel pots. — Eel weirs the laths of which are not less than one inch apart, may be maintained in waters not inhabited by trout, other than the tributaries of the Chemung river in the counties of Steuben and Chemung, the waters of Cayuga county, the Delaware river, the Chenango river in Broome county, provided there be at low water a clear passage in the said weir not less than ten feet wide for the passage of boats and fish. In the Susquehanna river eel weirs may be maintained, provided there be at low water a clear passage on one side of said weir not less 84 The Forest, Fish and Game Law. than thirty feet wide, twenty feet of which shall have a depth of at least eighteen inches, for the passage of boats and fish, and such weirs shall have stakes only at the mouth and outlet of the rock and the outlet of the weir. Eel pots of such form as may be prescribed by rules of the com- mission may be used in waters not inhabited by trout or lake trout. Every person maintaining an eel weir or eel pot in any of the waters of this state shall first obtain from the forest, fish and game commission a license to maintain the same. to be approved by the commission, conditioned for the payment to the people of the state of fifty dollars if the holder thereof violates any of the provisions of this section or any of the regula- tions contained in the license while such license is in force. The use of eel weirs and eel pots except as expressly permitted by law is prohibited. {As am'd hy chap. 657, Laws of 1910.) § 124. Taking minnows for bait. — Minnows shall not be taken with a net or seine for bait from any of the waters of the state without a license. The commissioner may grant a license for a net to take minnows for bait in waters not inhabited by trout. Such a license can be granted only upon the payment of a license fee to be prescribed by the commission and the execution of a bond by the owner of the net, to be approved by the commis- sion, conditioned for the payment to the people of the state of one hundred dollars if the holder thereof violates any of the provisions of this sec- tion or any of the regulations contained in the license while the license is in force. The license The Forest, Fish and Game Law. 85 must specify the waters in which the net may be used, and may contain regulations for the protection of fish. Black bass, maskalonge, whitefish, pickerel or pike taken in a net used under this section shall be immediately returned to the water uninjured. Minnows shall not be taken within one hundred feet of any dock, pier, or boat landing structure along the Saint Lawrence river without the consent of the owner of the land on which the same is built. The provisions for licensing nets in this section shall not apply to minnow nets less than four feet in di- ameter. (As am'd by chap. 474, Laws 1909.) § 125. Fish taken by angling, meshes of nets. — Except as permitted by this chapter, fish shall not be taken by any device except angling in any of the rivers, lakes and inland waters of the state. When permitted the meshes of nets used shall not be less than one and one-eighth inch bar, except in Lake Erie, where they shall not be less than one and three-eighths inch bar, and except nets for taking minnows as herein provided. § 126. Frostfish and whitefish taken with nets. — Frostfish, whitefish, catfish, sunfish, pumpkin, seeds, bullheads, perch, suckers and sturgeon may be taken with nets from inland lakes not inhabited by trout pursuant to rules prescribed by the com- mission. The commission may make rules under which by paying a license sturgeon may be taken by setlines and trap lines. Such rules shall be sub- ject to amendment or abrogation at any time and may be either general or special, and published as the commission directs. (As am*d by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) 86 The Forest, Fish and Game Law. § 127. Nets to be licensed. — Rules regulating the use of seines, fykes, pounds, traps and other nets, in the waters of the state, and providing for the licensing of such nets, may from time to time be prescribed by the commission, when not incon- sistent with law, and such rules shall be filed in the office of the secretary of state. Until amended or superseded, as herein authorized, the rules as filed in the office of the secretary of state in the years eighteen hundred and ninety-five and eighteen hun- dred and ninety-eight are continued in force. Nets shall not be set or used without a license granted by the commission. § 128. Thumping. — Sailing, rowing, pushing, or floating in any boat or vessel in a waterway, river, run or channel, or patrolling the banks of such waterway, river, run or channel, and stamping, jumping, shouting, pounding, beating or splashing the water, beating or pounding the banks, or boat, while a seine or net is set, drawn, held or used in such waterway, river, run or channel, with intent to drive fish into such seine, or net, which acts are commonly known as thumping, are hereby for- • bidden. § 129. Carp not to be placed in certain waters. — No person shall put or place in the waters of Conesus lake, Keuka lake and Hemlock lake, in the counties of Livingston, Yates and Steuben, in Nas- sau lake in Rensselaer county, or in any waters in- habited by trout or bass any fish commonly known as carp, nor shall any person put or place in such waters the spawn of such fish, or use such fish as bait in the waters thereof. The Forest, Fish and Game Law, 87 § 130. Taking fish in Lake Champlain; regu- lations. — No fish shall be taken through the ice in the wat3rs of Lake Champlain less than six inches in length. This section shall not apply to game fish for which there is a close season. § 131. Polluting streams. — No dyestuffs, coal tar, refuse from a gas house, sawdust, shavings, tanbark, lime or other deleterious or poisonous sub- stance shall be thrown or allowed to run into any waters, either private or public, in quantities injuri- ous to fish life inhabiting the same or injurious to the propagation of fish therein. § 132. Polluting of waters used i)y state fish hatcheries. — No person shall erect or maintain any privy, water-closets, pigsty, hogpen, inclosure for poultry, barn or barnyard in which animals or poul- try are kept, or drran from any building or the cel- lar thereof, where drainage or refuse therefrom will flow into or find its way into water used by any fish hatchery operated by the state, or into any pond, creek or stream used in connection therewith. Every such privy, water-closet, pigsty, hogpen, inclosure, barn, barnyard and drain is hereby declared to be a public nuisance and may be summarily abated by the commission. No person shall place sewage or other matter injurious to fish where the same can find its way into water used by any fish hatchery operated by the state, or suffer the same to be done from, over or through premises owned or occupied by him. § 133. Drawing off water forbidden. — Fish shall not be taken by shutting or drawing off water for 88- The Forest, Fish and Game Law. that purpose. But the commission may permit owners or persons in charge of private ponds, reser- voirs or waters of the state, to remove therefrom carp, pickerel or other fish by any device. § 134. Streams not to be obstructed. — Except as provided in section one hundred and twenty- three, or as directed by the commissioner, no per- son shall by means of any rack, screen, weir or other obstruction in any creek, stream or river, prevent the passage o.f fish protected by law. (As am'd by chap. 474, .Laws of 1909.) § 135. Explosives prohibited. — Fish shall not be taken by means of explosives. Except for min- ing or mechanical purposes, dynamite or other ex- plosive shall not be used in any of the waters of this state, or possessed upon the shores or islands of the waters thereof. Possession thereof by any person on the shores or islands of the waters of this state shall be presumptive evidence that the same is possessed for use in violation of the pro- visions of this section. (As am'd by chap. 657, Laws of 1910.) § 136. Acquisition of land and water for propa- gation of fish. — The forest, fish and game com-* missioner may enter on and take possession of any land and water that in his judgment is necessary for the purposes of artificial propagation of food and game fish for restocking the public waters of the state. § 137. State engineer and surveyor to make de- scription of land and water appropriated. — Upon the request of the said commissioner, an accurate The Forest, Fish and Game Law. 89 description of such lands and waters so entered and appropriated, shall be made by the state engineer and surveyor and certified by him to be correct, and the said commissioner shall indorse on such descrip- tion a certificate stating that the lands and waters described therein have been appropriated by the state for fish hatchery purposes. Such description and certificate shall be filed in the ofiice of the clerk of the county where the land and water covered thereby are located. § 138. Service of notice. — The said commis- sioner shall thereupon cause a duplicate of said de- scription and certificate, with notice of the date of filing thereof in said county clerk's ofiice, to be served on the owner or owners of the land and water appropriated; and from the time of such ser- vice the, entry upon, and appropriation by the people of the state of the property described in such notice, shall be deemed complete and the said prop- erty be deemed owned by the state. Service of the notice by the said commissioner must be personal if the person to be served can be found in the state. The provisions of the code of civil procedure relat- ing to the service of a summons in an action in the supreme court, except as to publication, apply, so far as practicable, to the service of such a notice. If a person to be served cannot with due diligence be found in the state, a justice of the supreme court may, by order, direct the manner of such ser- vice, and service shall be made accordingly. The county clerk shall upon receipt of proof of due service upon the owner of said duplicate description, certificate and notice of filing, record the same in the books for recording deeds of real estate. go The Forest, Fish and Game Law, § 139. Adjustment of claims by agreement. — Claims for the value of the property taken by any such appropriation may be adjusted by the commis- sioner, if the amount thereof can be agreed upon with the owner or owners thereof. The amount so fixed shall be paid out of any funds appropriated for fish hatchery purposes, by the treasurer upon the warrant of the comptroller. § 14U. When claims may be presented to court of claims. — If the commissioner and the owner or owners are unable to agree upon the value of the property appropriated, within two years after the service of notice of appropriation as above specified, any such owner may present to the court of claims a claim for the value of such land and the said court shall have jurisdiction to hear and determine such claim and render judgment. Upon filing in the office of the said commissioner and of the comptroller a certified copy of the final judg- ment of the court of claims, and a certificate of the attorney-general that no appeal from such judgment has been or will be taken by the state, or if an ap- peal has been taken a certified copy of the final judgment of the appellate court, affirming in whole or in part the judgment of the court of claims, the comptroller shall issue his warrant for the pay- ment of the amount due the claimant by such judg- ment, with interest from the date of the judgment until the thirtieth day after the entry of such final judgment, and such amount shall be paid by the treasurer. § 141. Nets to be destroyed by game protectors. — Nets, seines, pounds or other devices not author- The Forest, Fish and Game Law. 91 ized by law, had, set or used in or upon any of the waters or shores thereof or islands of this state are hereby declared to be public nuisances and shall be summarily seized, abated and destroyed by any game protector, or may be by a private person ; pro- vided, however, that the forest, fish and game com- missioner may direct a game protector to retain certain nets or seines for the use of the state hatch- eries. No action for damages shall be maintained for such seizure, retention or destruction. § 142. Seizure of nets; expenses; regulations in certain counties. — The reasonable expense of the seizure, removal or destruction of any net, pound or other illegal device shall be a county charge against the county in which the same shall be seized, and shall be audited and paid as a county charge on verified statement of the game protector making the seizure, stating che time and place of such destruction, the name of the person or persons em- ployed, the time spent and money paid, if any, therein. The board of supervisors of any county may by resolution make such further regulation as to establishing and destroying the same as they deem proper. § 143. Penalties. — A person who violates any of the provisions of this article is guilty of a mis- demeanor and in addition thereto is liable as fol- lows: For each violation of section one hundred and eight in relation to waters inhabited by trout, of section one hundred and nine in relation to the taking and possession of lake trout, section one hun- dred and twenty-five relating to the taking of fish by any device other than angling, a penalty of sixty .92 The Forest, Fish and Game Law. dollars and an additional penalty of ten dollars for each fish taken or possessed in violation thereof; af sections one hundred thirty-one and one hundred thirty-two in relation to polluting streams, section one hundred thirty-three relating to drawing of water, section one hundred and thirty-five in rela- tion to explosives, he shall be liable to imprison- ment for not exceeding one year and in addition thereto, is liable to a penalty of five hundred dol- lars and an additional penalty of ten dollars for each fish taken or possessed, bought or sold in violation thereof; section one hundred and ten in relation to transportation of fish, section one hun- dred and twenty-eight in relation to thumping, and section one hundred and twenty-nine relative to carp in Conesus and Hemlock lakes in the county of Livingston, a penalty of sixty dollars; for all other violations of said article, a penalty of twenty- five dollars and an additional penalty of ten dol- lars for each fish taken or possessed in violation thereof. (As am'd by chap. 6s7, Laws of 1910.) ARTICLE IX. Fisb, Local Provisions. Section 144. Fishing in Niagara river. 145. Nets in Lakes Ontario and Erie. 146. Nets in Chaumont bay and adjacent waters. 147. Nets in Hudson and Delaware rivers and adjacent waters. 148. Richmond county and Raritan bay." 149. Nets prohibited in Harlem river and adjacent waters. The Forest, Fish and Game Law. 93 Section 150. Fishing in Seneca and Cayuga lakes. 151. Fishing in Otsego lake. 152. Fishing in Chautauqua and Cattaraugus counties. 153. Spearing, hooking and set lines. 154. Warren, Essex, Washington and Sara- toga counties, certain waters. 155. Extension of close seasons. 156. Nonresident fish license. 157. Dutchess and Sullivan counties. 158. Fish not to be taken by set lines, tip- ups or spearing in Young's lake and Weaver's lake in Herkimer county. 159. Transportation of fish from the prov- ince of Quebec. 160. Penalties. § 144. Fishing in Niagara river. — When licensed by the commission, seines may be used in the Niagara river in November, December, January and March to take fish, except black bass, lake trout, whitefish and maskalonge. Fish except black bass, yellow pike, lake trout, whitefish, pickerel and maskalonge may be taken by seine, machine or trap by citizens of the state in that part of the Niagara river in the town of Lewiston, Niagara county, dur- ing the time when Canadians may lawfully fish with such devices in said river on the Canada side oppo- site the town of Lewiston, provided a license there- for has been granted by the commission, and pro- vided that lake trout and whitefish can not be taken during November and December. The commission shall, on the execution of a satisfactory bond, con- ditioned for the payment to the people of the state of the sum of one hundred dollars, if the holder of 94 The Forest, Fish and Game Law. the license shall violate any of the provisions of this chapter as to the Niagara river, while the license is in force, and upon the payment of five dollars for each seine, machine or trap license, grant such a license, unless the applicant has been convicted of violating a provision of this chapter, or his bond adjudged forfeited. Fish which may not be law- fully taken under the provisions of this section, shall, if unintentionally taken, be immediately re- turned to the water alive and without unnecessary injury. Fish which may be lawfully taken with nets may be speared between the falls of Niagara and the north line of the village of Lewiston. § 145. Nets in Lakes Ontario and Erie. — Fish may be taken with nets, in the waters of Lake Erie except within one-half mile of the shores or islands thereof, and within five miles of the mouth of Cat- taraugus creek during the open season; and in Lake Ontario except within one mile of the shores or islands thereof and within three miles of the mouth of the Niagara river during the open season; but in the county of Erie pound nets, trap nets or fyke nets shall not be used. Fishermen licensed to fish in said lakes may hang or reel licensed nets on the shores thereof to clean and dry the same. § 146. Nets in Chaumont bay and adjacent waters. — The waters and bays of Lake Ontario, in the county of Jefferson, within one mile of the shore, between Horse Island, in the town of Houns- field, and the town line between the towns of Lyme and Cape Vincent, except the waters within one mile of Stony Island, Calf Island or of the Galloup Islands, are so far excepted from the provisions of The Forest, Fish and Game Law. 95 this chapter as to permit the taking of fish by nets therein from October first to April thirtieth, except lake trout and whitefish in November and December, provided that a net shall not be set until license therefor has been granted by the commission and the commission shall have the power to determine the location thereof. The commission shall on the exe- cution of a satisfactory bond, conditioned for the payment to the people of the state of the sum of one hundred dollars if the holder of the license shall violate any of the provisions of this section as to black bass or maskalonge while the license is in force, grant such a license and may license the use of sturgeon nets of not less than five-inch bar at any time or of hoop or fyke and trap nets during the month of May unless the applicant has been convicted of violating this section or his bond adjudged forfeited. The license fee shall be fixed by the commission. All black bass and maskalonge caught in nets set pursuant to this section shall be immediately returned to the water. {As am'd by chap. 474, Laws of 1909.) § 147. Nets in Hudson and Delaware rivers and adjacent waters. — From March fifteenth to June fifteenth, both inclusive, shad and herring may be taken in the Delaware river and that part of the Hudson river below the dam at Troy, with nets operated by hand only; and in Catskill creek below Cook's dam, so called, with scoop nets, dip nets and scap nets. No such net shall be set, placed or drawn or fish taken therefrom between sunset on Thursday and sunrise on Monday, unless by reason of inclemency of the weather, it can not be drawn before sunset on Thursday when it may be drawn 96 The Forest, Fish and Game Law. on Friday. From September first to May thirtieth, both inclusive, fish except salmon, black bass, trout and pike-perch, and except also during March and April pickerel and pike may be taken with nets in the Hudson river below the dam at Troy, Wap- pinger's creek below the falls at Hibernia, Rondout creek below the dam at Eddyville, and with scap nets, scoop nets and dip nets in Catskill creek below Cook*s dam, so called, and in the Ten Mile river in the town of Dover. From June first to Sep- tember first, both inclusive, sturgeon may be taken in the Hudson river with sturgeon nets of not less than eleven-inch mesh. (As am'd by chap. 6^7, Laws of 191 o.) § 148. Richmond county and Raritan bay. — Fish except shad in Raritan bay or waters adjacent thereto in Richmond county shall not be taken ex- cept by angling. Shad shall not be taken except by shad nets from March fifteenth to June fifteenth, both inclusive. § 149. Nets prohibited in Harlem river and ad- jacent waters. — Nets other than nets used for catching lobsters or crabs shall not be used in Harlem river, East river or Long Island sound from Hell Gate to the northern boundary line of the city of New York, or in any of the bays, creeks, or confluent brooks within said limits. § 150. Fishing in Seneca and Cayuga lakes. — Nets or seines the meshes of which shall not be less than two-inch bar, may be used in Seneca lake and in that portion of Cayuga lake lying south of a . straight line drawn from East Varick to Lavana The Forest, Fish and Game Law. 97 and north of a straight line drawn from Glenwood to Esty Glen from May first to September fifteenth, both inclusive. (As am'd by chap. 474, Laws 1909.) § 151. Fishing in Otsego lake. — Frostfish, whitefish, Otsego bass and lake trout may be taken by angling, from January first to October thirty- first, both inclusive, from Otsego lake, Otsego county. Nets and net fishing are prohibited at all times excepting the use of minnov^r nets as li- censed b}'- the forest, fish and game commission, and also excepting the use of gill nets as herein- after provided. Frostfish, v^rhitefish and Otsego bass may be taken in gill nets having meshes of not less than one and three-quarter inch bar, and not exceeding sixty rods in length, from July first to August thirty-first, both inclusive, provid- ing a license shall have been granted therefor by the forest, fish and game commission. Each fisher- man shall be limited to one net, and each net shall be buoyed and tagged with the name of the owner. No license shall be granted to any person under twenty-one years of age. Possession of nets other than as provided for by this section, at any time by any person within five hundred feet of the shores of Otsego lake, Otsego county, shall be presumptive evidence that the same were unlawfully used. Pos- session of frostfish, whitefish, Otsego bass, lake trout or trout, from the first day of November to the thirty-first day of December, both inclusive, by any person in Otsego county, shall be presumptive evidence that the same were unlawfully taken from the waters of said lake. Lake trout may be taken by angling from January first to October thirty-first, both inclusive. Set lines are prohibited at all times. 98 The Forest, Fish and Game Law. Eel pots of such form as may be prescribed by the forest, fish and game commission may be used at any time. (As am'd by chap. 657, Laws of 1910.) § 152. Fishing in Chautauqua and Cattaraugus :ounties. — Maskalonge, black bass, or yellow bass shall not be fished for, taken or possessed in Chau- tauqua and Cattaraugus counties from October six- teenth to June fifteenth, both inclusive, unless by the state for the purposes of propagation. Maska- longe, black bass or yellow bass shall not be fished for, or taken from any of the waters of Chautauqua or Cattaraugus counties on any day after dark and before daylight. Maskalonge less than twenty-four inches in length shall not be taken from any of the waters of said counties. Bullheads may be fished for and taken through the ice with hook and line baited with angle-worms in an]^ of the lakes of such counties. The provisions of this section shall not apply to Bear lake in Chautauqua county. (As am'd by chap. 474, Laws of 1909.) § 153. Spearing, hooking and set lines. — Suckers, bullheads, eels and dogfish may be speared in the Delaware river in Sullivan and Delaware counties, and in Sandsburg creek, town of Wawarsing, in Ulster county, from the Center street bridge in Ellenville to Port Hixon dam on said stream, from April first to September thirtieth, both inclusive; and Shadow creek and Hayden creek in the town of Springfield, Otsego county, from March first to May first, inclusive; and in the Hyder creek. Fish creek, Mink creek and Herkimer creek in the towns of Richfield and Exeter, inclusive, provided that The Forest, Fish and Game Law. 99 spearing shall not be allowed hereunder within twenty rods from the point where such creeks empty into Schuyler lake; and in the creeks in Orleans county excepting Sandy creek, Oak Orchard creek and Johnson's creek, between the fifteenth day of March and the thirtieth day of April, inclusive; and in the tributaries of Lake Ontario from the mouth of the Niagara river to the boundary line between Niagara and Orleans counties, suckers, bullheads, eels, dogfish and carp may be speared from March first to May fifteenth, both inclusive; and in the waters of Lake Ontario in the towns of Ellisburg, Henderson, Hounsfield and Brownville in Jefferson county, and in the waters of the towns of Lexington and Prattville in Greene county, at any time. Such fish may be taken from December first to May fif- teenth, both inclusive, by hooking, in Oneida lake, Oneida river, Onondaga lake, in the Delaware and Charlotte rivers and their tributary streams in the counties of Delaware and Sullivan, in the Schoharie river and its tributary streams in Schoharie and Greene counties, and in the waters of Cortland, Tioga, Broome, Chenango and Otsego counties. Fish, except lake trout, black bass and pike perch, may be taken through the ice with a hook and line in Canandaigua lake, except during the months of March and April. Any fish, except lake trout, black bass and pike perch, may be taken in said lake by spearing except during the months of April, May and June. And any fish except black bass and pike perch may be taken in Seneca lake by spearing from April fifteenth to June fifteenth, both inclusive. Set lines not more than five hundred feet in length with one end thereof attached to the shore, may be used to take fish in Canandaigua lake and Lake Keuka. 100 The Forest Fish and Game Law. The hooks not to be baited with minnows. It shall be unlawful to use upon a line for taking fish in the waters of Lake Keuka more than six hooks, or any contrivance having more than six hooks or more than two burrs of three hooks attached thereto. The provisions of this section shall not apply to streams inhabited by trout, but nothing in this article shall be taken as prohibiting the taking by hooking of suckers, bullheads, eels, dogfish, and carp from De- cember first to May fifteenth, both inclusive, in Dela- ware and Sullivan counties in Delaware river below Brookdale bridge in the town of Roxbury on the east branch and below the inlet of Robinson pond in the town of Stamford on the west branch, or in the Charlotte river below the bridge in the village of Davenport. {As anid by chap. 474, Laws of 1909 and chap. 657, Laws of 1910.) § 154. Warren, Essex, Washington and Sara- toga counties, certain waters. — Pike, perch or great northern pike may be taken from the waters of Lake George from June sixteenth to December thirty-first, both inclusive. Bullheads may be taken from Lake George from July first to December thirty-first, both inclusive. Black bass may be taken in Lake George and Schroon lake from. August first to December fifteenth, both inclusive. Black bass may be taken in the town of Horicon and in Trout lake in the town of Bolton from July eleventh to December thirty-first, both inclusive. Perch may be taken through the ice by angling in Lake George. In Glen lake and tributaries, pick- erel, pike and perch may be taken from June six- teenth to October thirty-first, both inclusive, and The Forest, Fi^h and Game Law. ^ loi black bass and bullheads from ' August first to OC' tober thirty-firs^t, both inclusive. Perch shall not be taken from the waters in Saratoga county from Feb- ruar}^ first to May first, both inclusive. None of the fish named in this section shall be taken at any other time than as above specified, nor shall they be taken by any other method than anglin^g. (As am'd by chap. 6S7, Laws of 1910.) § 155. Extension of close seasons. — There shall be the following extension of close seasons: 1. Fall creek, Ithaca. — There shall be no open season for fish in that part of Fall creek between Lake street bridge in the city of Ithaca and Ithaca falls including the pool at the foot of the falls. 2. Silver lake. — Fish shall not be taken in the waters of Silver lake, Wyoming county, or the marshes adjoining said lake during the months of March and April. Great northern pike and pickerel less than fifteen inches in length and wall-eyed pike and yellow pike less than twelve inches in length shall not be taken in the waters of Silver lake. 3. Saint Lawrence river. — Pickerel less than twenty inches in length shall not be taken in the Saint Lawrence river, and not more than twelve by one person in one day. 4. Oil creek reservoir. — Fish shall not be taken from the waters of Oil creek reservoir, in the county of Allegany, or from its tributaries within one mile thereof, from the first day of March to the fifteenth day of May, both inclusive. The open season for black and Oswego bass in such reservoir and its tributaries within one mile thereof, shall be from Jime sixteenth to December thirty-first, both in- clusive. 10 i The Forest. Fish and Game Law. § 156. Non-resident fish license.— On fresh water forming a part of the state boundaries or tlirough which the state boundary runs, no nonresi- dent of the state shall take any kind of fish in that part thereof within this state unless residents of this state may lawfully take the same kind of fish in such part of said waters as are not within the state, during the open season therefor in the state or county in which such waters are situated. If any license fee to take such fish in waters not in this state be required of a resident of this state a non- resident may take the same kind of fish in such waters within the state, if a license so to do shall have been first obtained from the commissioner. Nor shall any nonresident take fish by spearing in this state except on a like license, if there is any discrimination by requiring a license or otherwise in the state or country where such nonresident re- sides against residents of New York in taking fish in such state or country. § 157. Dutchess and Sullivan counties. — Suckers may be taken with nets through the ice in Crumelbow creek in the towns of Hyde Park and Clinton, Dutchess county, and by hooking through the ice from the waters in Sullivan county. (As am'd by chap. 655, Laws of 1910.) § 158. Fish not to be taken by set lines, tip-ups or spearing in Young's lake and * Weavers' lake in Herkimer county. — Until the first day of June, nineteen hundred and eleven, no fish shall be taken in Young's lake or * Weavers* lake in the town of Warren, in Herkimer county, by means of set lines *So in original. The Forest, Fish and Game Law. 103 or tip-ups, nor until said first day of June, nineteen hundred and eleven, shall any fish excepting suckers be taken with spears in said lakes. § 159. Transportation of fish from the province of Quebec. — No transportation company, cor- poration, association or person shall transport into this state, or possess, any fish caught in that portion of Lake Champlain or its tributaries known as Mis- sisquoi bay, lying and being in the province of Quebec, or the Richelieu river, which is the out- let of said lake, at any time. Any transportation company, corporation, association or person violat- ing the provisions of this section is guilty of a mis- demeanor, and liable to a penalty of sixty dollars and ten dollars for each fish transported in viola- tion of the provisions of this section. The forest, fish and game commission is hereby authorized to seize and confiscate all fish coming into this state from the points herein referred to, and it shall be the duty of every game protector and peace officer to seize wherever found fish shipped in violation *in this section and report the same to said commis- sion who shall authorize the sale of said fish, the proceeds thereof after paying the expenses incurred to be turned into the state treasury. § 160. Penalties. — A person who violates any of the provisions of this article is guilty of a mis- demeanor, and in addition thereto is liable as fol- lows : For each violation of section one hundred and fourteen in relation to placing fish in the Adi- rcndacks, a penalty of five hundred dollars ; for every other violation of said article a penalty of *So in original. 104 ^^^ Forest, Fish and Game Law. sixty dollars and an additional penalty of ten dol- lars for each fish taken or possessed in violation thereof. ARTICLE X. Fishways. Section i6i. Notice of construction of dam. 162. Fishways ordered. 163. Fishways in Saint Lawrence and Frank- lin counties. 164. Close season established in towns. 165. Power to take fish. 165-a. Power to purchase *fish roe or fish eggs. 166. Penalties. § 161. Notice of construction of dam. — Before the construction of a dam is commenced on any stream more than six miles long inhabited by fish protected by this chapter, the plan thereof and a statement of the name, length and location of the stream shall be given to the commissioner by the person, or if by public authority, by the official di- recting or permitting the work. § 162. Fishways ordered. — The commissioner may by an order entered in his minutes and served by copy on any person or official direct the con- struction of fishways in proper form in any dam, or if there be fishways, such changes therein as will make them efficient. Any person or official receiv- ing such an order may on notice to the commis- sioner, apply to be relieved therefrom to the su- *So in original. See § 165-a, page xo6. The Forest, Fish and Game Law. 105 preme court, which shall have power to affirm, re- verse or modify the same as justice requires. § 163. Fishways in Saint Lawrence and Frank- lin counties. — No person shall maintain on a river in Saint Lawrence or Franklin counties, ex- cept the Oswegatchie above the natural dam at Gou- verneur, a dam without a slide, apron, Watergate or other passage sufficient to permit the passage of such fish as enter the mouth of the river on which the dam is located. And no such slide, apron, waste-gate or other passage shall be closed or obstructed after the ice goes out in the spring and before June first, except so far as necessary to supply water to mills dependent on such dam. A person who violates any provision of this section is liable to a penalty of five dollars for every day such violation continues. § 164. Close season established in towns. — The commissioner may on the request of a majority of the town board of any town in which fish have been or shall be placed at the expense of the state, pro- hibit or regulate the taking of fish from inland waters therein, for not exceeding five years, from the first of May next after such fish have been furnished. At least thirty days before such pro- hibition or regulation shall take effect, a copy of the same shall be filed in the office of the clerk of the town to which the prohibition or regulation applies, and printed copies thereof at least one foot square shall be posted along the shores of the waters affected, not more than fifty rods apart. Whoever shall violate or attempt to violate any such prohibition or regulation is guilty of a mis- demeanor, and in addition thereto shall be liable to io6 The Forest, Fish and Game Law. 2l penalty of sixty dollars for each violation and an additional penalty of five dollars for each fish taken or possessed in violation of this section. § 165. Power to take fish. — The commissioner may take fish with nets at such times and in such manner as he may deem proper for the artificial propagation of fish. The commission may also re- move or cause to be removed from public waters fish which hinder or prevent the propagation of game or food fish. Such removal shall be eflfected by such means and under such regulations as the commissioner may provide. Moneys realized from fish so removed may be used by the commissioner in continuing the work of removal. Any person not in charge of a state net who shall handle or take fish while confined therein, or shall fish within one hundred feet of any leader or net in use by the state shall be guilty of a misdemeanor. § 165-a. Power to purchase roe or fish eggs. — The forest, fish and game commissioner may pur- chase from private individuals, or corporations, fish roe or fish eggs, giving in exchange or in considera- tion . therefor, a percentage of the young fish hatched or produced at any of the fish hatcheries of the state from the eggs so purchased; and the placing of such young fish in waters on lands oi such individuals or corporations shall not be deemed a stocking of such lands and waters thereon with fish by the state, or fish from state hatcheries. § 166. Penalties. — In case of the failure, refusal or neglect of any person owning or maintaining a dam, to comply with the order of the commissioner to build, repair or change any fishway, or if re- The Forest, Fish and Game Law. 107 viewed by the court, the final order relating thereto, the commissioner may build, repair or change the same in accordance with the terms of the order, and in the name of the people; recover of such per- son the expenses of such construction, repairs or changes, and the same shall be a lien on the premises upon which the dam is located. Such per- son shall also be liable to a penalty of ten dollars a day for each day such dam shall be used or maintained in violation of the order, which may be recovered in the same or a separate action. ARTICLE XI. Long Island. Section 167. Application of article. 168. Deer; dogs. 169. Squirrels, hares and rabbits. 170. Wtld fowl. 170-a. (Repealed.) 171. Manner of hunting. 172. Meadow hens and other birds. 173. Woodcock, grouse and quail. 174. Plover and other birds. 174-a. Robbins and Gardiners islands. 175. Trout. 176. Black bass; open season. 177. Lake trout and rainbow trout; oper season. 178. Jamaica bay and adjacent waters. 179. Size of meshes in Coney island creek 180. Supervisors of Queens, Nassau anc Suffolk counties. 181. Jones inlet and adjacent waters. 182. Penalties. io8 The Forest, Fish and Game Law. § 167. Application of article. — This article ap- plies only to the counties of Kings, Queens, Nassau and Suffolk, and to Long Island sound, except that portion of said territory embraced in the greater city of New York, and shall be construed with the general provisions of this chapter relating to fish and game. In case of conflict the provisions of this article shall be substituted for the general provisions so far as it affects the territory herein named; but such parts of the general provisions as are not necessarily superseded shall apply. § 168. Deer. — There shall be no open season for deer for the period of three years from the time that this section, as hereby amended, takes effect Deer or venison taken outside of the territory herein described may be possessed within the four counties herein named at all times when it is lawful under the general law to possess the same. The burden of proof shall be on the possessor thereof to show that the same was lawfully killed within the state or was killed without the state. (As am*d by chap. 657, Laws of 1910.) § 169. Squirrels, hares and rabbits. — The open season for black and gray squirrels, hares and rab- bits shall be from November first to December thirty-first, both inclusive. They shall not be taken or possessed at any other time. S 170. Wild fowl. — The open season for ducks, geese, brant and swan shall be from October first to January tenth, both inclusive, and may be possessed from October first to January fifteenth, both inclu- sive. They shall not be taken in the night between The Forest, Fish and Game Law. 109 sunset and sunrise. They shall not be taken or pos- sessed at any other time. (As am'd by chap. 657, Laws of 1910.) § 170-a. (Repealed by chap. 657, Laws of 1910.) § 171. Manner of hunting. — Ducks, geese, brant and swan may be taken by aid of any floating de- vice other than sailboats or power boats, at any dis- tance from shore in Long Island sound, in Shinne- cock, Gardiner and Peconic bays and except from September thirtieth to October nineteenth, both in- clusive, in Great South bay west of Smith's point. Sailboats may be used in Long Island sound, Gar- diner and Peconic bays. § 172. Meadow hens and other birds. — The open season for meadow hens, mud hens and gal- linule shall be from August sixteenth to December thirty-first, both inclusive. They shall not be taken or possessed at any other time. § 173. Woodcock, grouse and quail. — The open season for woodcock, grouse and quail shall be from November first to December thirty-first, both inclusive. Such birds shall not be taken or possessed in their close season. § 174. Plover and other birds.— The open sea- son for plover, curlew, jacksnipe, wilsons, commonly known as English snipe, yellow legs, kildeer, willett snipe, surf snipe, winter snipe, ringnecks and oxeyes shall be from July sixteenth to December thirty-first, both inclusive. They shall not be taken or possessed at any other time. no The Forest, Fish and Game Law. § 174-a. Robbins and Gardiiiers islands. — Quail and English pheasants may be taken on Robbins island as long as it remains the property of the Robbins Island Club, and on Gardiners island from October fifteenth to January thirty-first, both in- clusive. Woodcock may be taken on these islands from November first to December thirty-first, both inclusive. (As am'd by chap. 656, Laws of 1910.) § 175. Trout. — The open season for trout shall be from the last Friday in March to August thirtieth, both inclusive. Trout taken lawfully may be sold or possessed in the city of New York in the open season established by this section. They shall not be taken or possessed at any other time. § 176. Black bass; open season. — The open sea- son for black bass shall be from May thirtieth to De- cember thirty-first, both inclusive. They shall not be taken or possessed at any other time. § 177. Lake trout and rainbow trout; open sea- son. — The open season for lake trout and rain- bow trout shall be from x\pril first to September thirtieth, both inclusive. They shall not be taken or possessed at any other time. § 178. Jamaica bay and adjacent waters. — Ex- cept as herein provided, fish shall not be taken, nor shall any attempt be made to take the same, by any device other than angling, in the arm of the sea between Rockaway point and Coney island or any waters northerly of a line drawn from the extreme westerly point of Rockaway point on the south side The Forest, Fish and Game Law. iii to the centennial tower on Coney island including Jamaica, Flatlands, Grassy and Sheepshead bays and all other bays and inlets in or making out from said arm of the sea. The inlets from the ocean to said bays shall not be obstructed by any device so as to prevent the passage of fish at any time, provided that nets may be used from October tenth to December thirty-first in that part of said waters lying southerly of Barren island and toward the sea from a line drawn from the most southerly point of Barren island to the northeasterly point of Rock- away point and a line drawn from the most westerly point on Barren island to the most easterly point of Coney island. Refuse and debris may be taken with nets having meshes with not less than a six-inch bar. Minnows or shrimp for bait may be taken by hand nets not more than forty feet long and four feet deep. No other nets shall be used in said waters, and should such other nets be placed in said waters it shall be presumptive evidence of an unlawful use. Angling shall always be lawful. Eels may be taken with a spear or eel weir. § 179. Size of meshes in Coney island creek. — Meshes of nets used in Coney island creek, or within one-half mile of the mouth thereof in Graves- end bay, shall not be less than four inches square. Eel and flounder hoop nets may be used from Oc- tober fifteenth to March thirty-first, both inclusive, piovided there be in said creek at low tide a pas- sage unobstructed by nets not less than ten feet wide for the passage of boats and fish, and provided that all stakes used in connection with said nets shall show plainly above the water at high tide. 112 The Forest, Fish and Game Law. § i8o. Supervisors of Queens, Nassau and Suf- folk counties. — The board of supervisors of the counties of Queens, Nassau and Suffolk may re- spectively pass laws regulating and controlling the taking of fish, and shellfish in arms of the sea and fish bait from public lands of such counties, and prescribe what violation thereof shall be punishable as misdemeanors and impose penalties, the same to he enforced under the provisions of article three of this chapter. § i8i. Jones inlet and adjacent waters. — Nets shall not be used in Jones inlet inside of the first spar buoy, or inside of a line drawn three-quarters of a mile easterly and westerly from said buoy, or in any of the following creeks, runs or water run- ning into, or tributary to Jones inlet, namely, Long creek below the sharp point of the marsh; Sea Dog creek below a line drawn northerly and southerly from the easterly end of Elder island; Shell creek below the point of the gunning lead; Swift creek below the upper point of Swift creek on the easterly •side thereof; in Haunt's creek below a line drawn from the upper side of Haunt's creek point and Old Ben's point. This section shall not apply to nets used only for taking lobsters or crabs; or hand nets not more than forty feet long and four feet deep to take minnows, killies, spearing, or shrimp for bait. § 182. Penalties. — A person who violates any provision of this article is guilty of a misdemeanor and in addition thereto shall be liable to the follow- ing penalty for violation thereof: For each deer or part of deer taken or possessed in violation The Forest, Fish and Game Law. 113 thereof, one hundred dollars; for each bird taken or possessed in violation thereof, twenty-five dol- lars; for each squirrel, hare or rabbit taken or possessed in violation thereof, ten dollars, and for each fish taken or possessed in violation thereof, the sum of ten dollars; for every other violation thereof, sixty dollars. ARTICLE XII. Bureau of Marine Fisheries. Section 183. Definitions. 184. Superintendent of marine fisheries. 185. Transfer of records, books, papers, and other property; former appropria- tions. 186. Office and clerical force. 187. Duties of superintendent. 188. Reports of superintendent. 189. Fisheries protectors. 190. Protectors to give bonds. 191. Compensation of fisheries protectors. 192. Special fisheries protectors. 193. Sheriffs and constables. 194. Nets to be destroyed by fisheries pro- tectors. 105, Leases for cultivation of shellfish. 196. Limitation of last section. 197. To collect rents. 198. Disputes as to shellfish leases settled. 199. Close season for oysters in Harlem river. 200. Replanting Hudson river oysters. 201. ♦Takings oysters in South bay. *So in original. 114 The Forest, Fish and Game Law. Section 20i-a. Blue point oysters. 202. Oyster beds protected. 203. Dredging and raking for shellfish. 204. Clams and oysters about Staten Island. 205. Sale of lobsters under certain size pro- hibited. 206. Residents only may take shellfish. 207. Polluting waters. 208. Garbage not to be thrown in Long Island sound. 209. Penalties. 210. Statements of property, penalty; assess- ment of tax. 211. Levy and payment of tax. 212. Collection of tax. 213. Inspection of oyster beds. 214. Duties of state commissioner of health. 215. Sale prohibited unless sanitary condi- tion be certified. 216. Actions for penalties by the people. 217. Proceeds of actions by the people. 218. Actions by private persons or societies. 219. Judgments; how enforced. 220. Criminal jurisdiction of courts. 221. Search warrants; when issued. 222. Punishment for misdemeanor. 223. Witnesses not excused from testifying. 224. Recording and fees. 225. Licenses for vessels. § 183. Definitions. — The following words and phrases used in this article are defined as follows : I. " Marine fisheries " include all salt water fish- eries, sheH fisheries and fisheries within the tidal . The torest, Fish and Game Law, 115 waters of the state, except in the Hudson river above the. city of Newburgh. "Taking" includes pursu- ing, killing, capturing, trapping, snaring and net- ting fish and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any net or other device commonly used to take fish whether they result in taking or not; and includes every attempt to take and every act of assistance to every other person in taking or at- tempting to take fish. A person who counsels, aids or assists in the violation of any of the provisions of the marine fisheries law, or knowingly shares in any of the proceeds of said violation, shall be deemed to nave incurred the penalties provided in this chap- ter against the person guilty of such violation. Whenever taking is allowed by law, reference is had to taking by lawful means and in lawful manner. 2. " Person," includes a copartnership, joint-stock company or corporation. 3. Gender and number shall be disregarded in construing this article and article thirteen of this chapter whenever it is necessary to carry out the spirit thereof. 4. " Superintendent " is synonymous with " super- intendent of marine fisheries." 5. The office of superintendent shall be at the office of the commissioner, for which provision is made in section one hundred eighty-six of this chapter. § 184. Superintendent of marine fisheries. — There shall be, in the department of forest, fish and game, a bureau of marine fisheries. There shall be a superintendent of marine fisheries who appointed bv and under the direction and supervision of the Ii6 The Forest, Fish and Game Law. forest, fish and game commissioner, shall have charge of the bureau of marine fisheries. The superintendent of shell fisheries now in office shall be continued in office as superintendent of marine fisheries during the pleasure of the commissioner, and as such shall perform the duties and have the powers herein prescribed. He shall receive an an- nual salary of three thousand dollars, payable monthly, and the expenses necessarily incurred by him in the discharge of his official duties. The forest, fish and game commissioner shall appoint a deputy superintendent who shall receive an annual salary of two thousand dollars, payable monthly, and the expenses necessarily incurred by him in the discharge of his official duties not to exceed seven hundred dollars. He shall take and subscribe the constitutional oath of office. During the absence or inability to act of the superintendent, the deputy superintendent shall have and exercise all the powers of the superintendent. He may be removed by the commissioner who may in like manner ap- point his successor. The superintendent and deputy superintendent shall each execute and file a bond to the people of the state in the sum of five thou- sand dollars with sureties to be approved by the commissioner, conditioned for the faithful perform- ance of his duties and to account for and pay over pursuant to law, all moneys received by him in his office. {As am'd by chap. 240, Laws of 1909.) § 185. Transfer of records, books, papers, and other property; former appropriations. — All records, books, papers, office furniture and supplies of the shell fisheries office of the forest, fish and game commission shall be transferred to the super- The Forest, Fish and Game Law. 117 intendent of marine fisheries, and any and all un- expended balance of money appropriated for use in the shellfish office of the forest, fish and game com- mission, and for the purpose of making surveys and maps, and for the erection of signals and monu- ments, and for paying the rent and expenses of the shellfish office, and for the salaries and traveling expenses of officials connected with the shellfish office shall be and become available in and through the bureau of marine fisheries for the purposes for which said sums were originally appropriated, and said sums shall be paid out by the state treasurer upon the audit of the superintendent of marine fish- eries and approval of the commissioner. § 186. Office and clerical force. — The commis- sioner shall lease an office in the borough of Man- hattan, or in the borough of Brooklyn, for the sale or lease of lands under water, and for the conduct of the business of the department, as provided by law. He may appoint for the bureau of marine fisheries a secretary who shall have a salary of eigh- teen hundred dollars a year, an engineer who shall have a salary of two thousand dollars a year and the expenses necessarily incurred by him in the dis- charge of his official duties not to exceed seven hundred dollars a year, a stenographer and such other clerical assistants as are actually needed for which appropriation shall have been made by the legislature. The officers and employees of the shell fisheries bureau, of the forest, fish and game com- mission, now in office may be continued in office under the superintendent of marine fisheries until removed as provided by law. Ii8 The Forest, Fish and Game Laiv. § 187. Duties of superintendent. — The superin- tendent under the supervision and direction of the forest, fish and game commissioner, shall have charge of the enforcement of laws for the protection of salt water and migratory fish; of lands under water which have been or shall be designated, surveyed and mapped out pursuant to law as oyster beds, and such other powers and duties as are or may be im- posed upon him by law. § 188. Reports of superintendent. — The super- intendent shall, on or before the fifth day of each month, make a report to the forest, fish and game commissioner, of his proceedings for the preceding calendar month. He shall include in such report a detailed statement of his receipts and disbursements from all sources, together with a statement of such facts relating to the matters subject to his jurisdic- tion as the forest, fish and game commissioner shall prescribe. He shafl also in like manner make an arnual report to the commissioner for the year end- ing with the thirtieth day of September preceding. Such reports shall be made on forms prescribed and furnished by the game commissioner. § 189. Fisheries protectors. — The forest, fish and game commissioner shall appoint three fisheries protectors who shall hold office during the pleasure of the commissioner. § 190. Protectors to give bonds. — The pro- tectors shall give a bond to the people of the state in the sum of five hundred dollars conditioned for the faithful discharge of their duties, with sureties to be approved by the commissioner. The Forest, Fish and Game Law. 119 § 191. Compensation of fisheries protectors. — Each state fisheries protector shall receive thirteen hundred dollars a year and his actual and necessary traveling and incidental expenses while in the dis- charge of his official duties, not exceeding seven hundred and fifty dollars a year. Fisheries pro- tectors shall have all the powers and authority of ?ame protectors under the forest, fish and game laws of the state. Each fisheries protector shall keep a daily record of his official acts, and at the close of each month make a report of the same to the commissioner. The salary and traveling ex- penses of a protector shall not be payable except upon the certificate of the commissioner, and after such protector has made the required report and properly performed his duties. § 192. Special fisheries protectors. — The com- missioner may in his discretion appoint a person recommended by the superintendent of marine fish- eries as special fisheries protector. Such special fisheries protectors shall hold office during the pleas- ure of the commissioner, and shall have the same powers as fisheries protectors, but shall not receive any pay from the state. They shall receive moieties in the same manner as provided for special game protectors. They shall make reports in the same manner as fisheries protectors. § 193. Sheriffs and constables. — Peace officers shall have the same pov/ers as fisheries protectors under this chapter. § I94» Nets to be destroyed by fisheries pro- tectors. — Nets, pounds, or other devices unlaw- 120 The Forest, Fish and Game Law. fully had, set or used in or upon any of the sail or tidal waters of this state, for the purpose of tak- ing fish in violation of this chapter, are hereby de- clared to be public nuisances and may be summarily destroyed and abated by any fisheries protector or private person. No action for damages shall be maintained for such seizure or destruction. Cultivation of Shellfish. § 195. Leases for cultivation of shellfish. — The superintendent, under the direction and supervision of the forest, fish and game commissioner, may lease lands under water for the cultivation of shellfish to persons who have resided in the state one year or more; but oyster beds of natural growth shall not be leased unless the same have for five years failed to produce natural oysters in sufficient quan- tities to enable persons engaged in the planting and cultivation thereof to earn a livelihood by work- ing on such lands. Before a lease is made, notice thereof must be posted for at least three weeks in a conspicuous place in the office of the superin- tendent, in the office of the town clerk and in the post-office nearest to the lands applied for. The letting shall be at public auction to the highest bid- der, and the superintendent shall classify the lands applied for in accordance with their value and fix a minimum price at which the lease may be awarded, but such price shall in no case be less than twenty- five cents an acre annually, and for not more than fifteen years. Such leases may at the expiration of the terms thereof or upon the expiration of any re- newals thereof, be renewed for a term not to ex- ceed twenty-five years upon it being shown to the The Forest, Fish and Game Lazv. 121 satisfaction of the superintendent that the lands described therein have in good faith been used for shellfish cultivation, continuously, during the original terms for which such lands v/ere granted and dur- ing any *pervious renewal or renewals thereof. Holders of original leases shall have the first privi- lege of a renewal of said lease, upon the expiration of the term thereof, or before the expiration, in the discretion of the commissioner, at such terms as may be agreed upon between such lessee and the superintendent of shell fisheries. Upon the failure to agree on terms for the renewal of such lease, the holder of such original lease shall be allowed an extension of one year for the purpose of remov- ing from the ground so leased all shellfish belong- ing to him upon such ground, such extension being made at terms named in such original lease. Upon the expiration of such extension, and failure to agree upon terms for renewal of said lease, such holder must immediately surrender the ground here- tofore occupied by him, and the superintendent of shell fisheries may lease the land thereafter to any person according to the provisions of this article. Moneys received from such leases shall be paid forthwith to the state treasurer. Every person hold- ing a lease or franchise shall report annually to the superintendent, on blanks provided for that purpose, such information as the superintendent may deem necessary. A lessee shall immediately mark the grounds leased by stakes, buoys, or monuments, which shall be maintained by him, his successors or assigns during the cor^tinuance of the lease. Leases shall not be transferable in whole or in ♦So in original. 122 The Forest, Fish and Game Law. part except to persons who might have been origin- ally lessees and subject to the approval of the commissioner. The superintendent may summarily oust from such lands tenants whose rent is in ar- rears, or who fail or refuse to report as herein provided, and thereupon the lease held by such de- linquent shall become null and void. § 196. Limitation of last section. — The last sec- tion shall not be construed as limiting the power of the commissioners of the land office to grant land under water, but any grant of land actually occupied aiid in use for the cultivation of shellfish shall be subject to the right of the occupant to occupy and use such land for at least two years. Nor shall it apply to any of the excepted lands named in section two hundred of this chapter. § 197. To collect rents. — The superintendent under the direction of the commissioner may in the name of the people of the state sue for, collect, com- promise, compound or satisfy rents which now are or may hereafter be in arrears on leases by the state of lands under water, for the cultivation of shellfish, and make such rebates thereon as in his judgment are just and equitable, provided the rental shall in no case be less than twenty-five cents an acre annually. In cases where a grantee or assignee of a grantee of lands for shellfish cultivation is de- sirous of surrendering such lands the superintend- ent, in his discretion, may, in case such person is not indebted to the bureau of marine fisheries for rentals or otherwise, receive an assignment of such lands "to the state of New York and cause such as- signment to be recorded in his office. The Forest, Fish and Game Law. 123 § 198. Disputes as to shellfish leases settled. — The superintendent shall have jurisdiction to hear all controversies which have arisen or may arise in regard to the leasing of lands under water for the cultivation of shellfish and to determine the same upon just and equitable terms to be approved by the commissioner. Shellfish. § 199. Close season for oysters in Harlem river. — Oysters shall not be taken in Harlem river from May thirty-first to September first, both inclusive. § 200. Replanting Hudson river oysters. — Oysters shall not be taken from the Hudson river north of New York county for the purpose of re- planting without the state. § 201. Taking oysters in South bay. — Oysters, spawn, or shells shall not be taken from South bay in Suffolk county from the public waters of this state from May thirty-first to September first, both inclusive; or taken between sunset and sunrise at any season. Oyster shells taken from the public waters of said bay in said county shall be returned to the water where taken within ten minutes after being taken. Blade or scraper tongs used to take shellfish shall not be used or possessed in waters of said bay in said county. This section is subject to the provisions of section one hundred eighty "of this chapter. § 20i-a. Blue Point oysters. — No person, firm or corporation shall sell or offer for sale any oysters, or label or brand any package containing 124 The Forest Fish and Game Law, oysters for shipment or sale, under the name of Blue Point oysters, other than oysters that have been planted and cultivated at least three months in the waters of Great South bay in Suffolk county. § 202. Oyster beds protected. — Oysters or hard clams shall not be taken from half an hour after sunset until half an hour before sunrise except in the waters in the Kill von Kull, Jamaica bay and the Arthur kill. No person shall take, carry away, interfere with or disturb oysters or clams of another lawfully planted or cultivated, or remove any stakes, buoys or boundary marks of a planted or cultivated bed. The possession of dredges, rakes or tongs overboard on any such beds shall be deemed prima facie evidence of a violation of this section. § 203. Dredging and raking for shellfish. — Dredges for taking of shellfish from public or un- leased lands shall not be operated from any boat propelled otherwise than by sail or oars. § 204. Clams and oysters about Staten Island. — Oysters and clams shall not be taken or disturbed between half an hour after sunset and half an hour before sunrise in the waters on the south side of Staten Island between a line extending due south from the point of the beach at Great kills, and a line extending due southwest from Ward's point in the town of Westfield. Devices other than rakes and tongs operated by hand only shall not be used in taking oysters or clams from natural growth oyster beds in Arthur kill or in Staten Island sound or in tributaries thereto, or had in possession overboard in such waters. The Forest, Fish and Game Law. 125 § 205. Sale of lobsters under certain size pro- hibited. — Lobsters less than nine inches in length measured from one extremity to the other, exclusive of claws or feelers, shall not be taken, possessed or sold. § 206. Residents only may take shellfish. — No person who has not been an actual resident of this state for six months immediately prior to the time of engaging in the taking of shellfish, shall take shell- fish from the public lands in the waters of this state. Nothing in this section shall apply to a person who may be employed as deck hand, engineer or fireman on a boat whose captain and owner may be a lawful resident, except that in the public waters of the state lying to the north and east of a line drawn from Gardiner's point to Orient point and thence extended in the same direction until it intersects with the state boundary line between New York and Connecticut, licenses to take lobsters may be issued to nonresidents upon payment of the following fees : For boats of ten or more tons measurement, thirty-five dollars; for boats of five to ten tons measurement, twenty-five dollars ; for all other boats, twenty dollars, except that for boats carrying one man only the license fee shall be fifteen dollars. Such boats, when so licensed, shall carry displayed upon them the license number, of such size and placed in such position upon the boat or rigging as may be prescribed by the commissioner. Such licenses shall not be transferable and shall be con- ditioned that the holders shall observe the fisheries laws of this state and shall at any time and without delay permit protectors and peace officers of this state to board such boats and inspect the cargoes or 120 The Forest, Fish and Game Law. contents. All such licenses shall expire upon the thirty-first day of December following the date of issue, and any license may be revoked at any time at the pleasure of the commissioner. § 207. Polluting waters.— Sludge, acid or refuse from oil works or sugar houses, or buildings con- nected therewith, except refuse from the manufac- ture of oil from menhaden or other fish, sewage, or any substance injurious to oyster culture, shall not be placed or allowed to run into waters in the vicinity of oyster beds, and upon it appearing to the satisfaction of the superintendent of marine fisheries that oyster beds have become polluted from one or more of these causes it shall be his duty to cause complaint to be made in a criminal action against the person or persons so offending, and such person or persons so offending shall also be liable in damages to persons injured. § 208. Garbage not to be thrown in Long Island sound. — Garbage, cinders, ashes or refuse of any kind shall not be thrown from any vessel into Long Island sound or any bay or harbor opening into the same within two miles of the shore west of a line drawn from Old Field point due north to the boundary line between New York and Con- necticut. Starfish shall not be thrown into the waters of the state. § 2og. Penalties. — A person who violates any provision of sections one hundred and ninety-nine to two hundred and eight inclusive is guilty of a misdemeanor, and is liable as follows : For each vio- lation of section two hundred and five to a penalty The Forest, Fish and Game Law. 127 of sixty dollars, and to an additional penalty of ten dollars for each lobster taken or possessed in vio- lation thereof; for every other violation of said sections one hundred and ninety-nine to two hun- dred and eight, inclusive, to a penalty of one hun- dred dollars. Local Provisions. § 210. Statements of property, penalty; assess- ment of tax. — All ov^mers, lessees or persons in possession of shellfish grounds, within the state of New York, shall on or before the thirtieth day of September, annually deliver to the forest, fish and game commissioner, at the office of the superintend- ent of marine fisheries, a statement under oath specifying the number of acres of shellfish grounds owned, leased or used by them on the first day of August preceding, and the location, description and value thereof, and whether held under grant, lease or otherwise, and printed blanks for each statement shall be prepared by said commissioner and furnished upon application at his said office. In case of the failure of any such person to deliver such statement to said commissioner at his office within the time above specified, or, if any statement so delivered to him shall erroneously state the number of acres subject to the tax hereinafter imposed, said commis- sioner shall make up a statement from the best in- formation he may obtain, and shall add for such default to the tax hereinafter provided, twenty per centum of the amount of such tax. The said com- missioner shall annually make up and keep a book in his office to be known as the assessment book, in which he shall set down alphabetically the names and addresses of the owners, lessees or persons in pos- 128 The Forest, Fish and Game Law. session of all shellfish grounds within the state, the number of acres held or possessed b}' them and the location thereof as shown by the statements afore- said, the amount of the tax payable thereon as here- inafter provided, and any penalty thereon; such assessment book shull also contain columns for the date of payment of such tax and the amount of tax and penalty paid. § 211. Levy and payment of tax. — For the benefit of the state and for the protection and foster- ing of the marine fisheries thereof, and the main- tenance of an efficient bureau of marine fisheries, an annual tax at the rate of twenty-five cents per acre shall be levied and assessed upon each and every acre of shellfish ground located within this state owned, leased or possessed by any person what- soever. The said commissioner shall annually, and before the first day of February, levy and assess the said tax upon the property described in the state- ment made as aforesaid, setting forth the amount thereof, and any penalty added thereto, in the assess- ment book as provided in the last section, and shall thereupon serve notice on all persons whose lands are so assessed, and on which a tax is levied here- under, which notice shall be in writing and may be served personally or by writing the same to the last known post-office address of such person, staging that such tax roll has been completed and is on file in his office, the number of acres so assessed and the amount of the tax thereon, the penalties incurred, if any, and that on a day therein stated, which shall be not less than five days from the date of such notice, he will have the complaint of all persons declaring themselves aggrieved thereby, and on such hearing The Forest, Fish and Game Law. i2g sections thirty-six and thirty-seven of the tax law- shall apply so far as the same are applicable and such assessment may be reviewed by certiorari in the manner provided in the tax law for the review of erroneous or illegal assessments. Such tax shall be paid to the said commissioner at his said office within sixty days after the first day of February in each year, and he shall give a proper receipt there- for, and immediately enter such payment upon the assessment book with the date of payment. Such tax, and any penalty thereon, shall be a lien upon all the property subject thereto, including the shellfish thereon from the first day of February of the year in which such tax is laid. The tax hereby imposed shall be in lieu of all other taxes on such property, and no other tax shall be levied or imposed on said shellfish groundr, or the shellfish thereon, by any authority whatever. Sections two hundred and ten, two hundred and eleven and two hundred and twelve do not apply to or affect lands under water, held and in possession under colonial patents, or legislative grants, by any town or person in the counties of Kings, Queens, Suffolk, Nassau, or Rich- mond, or to lands under the waters of Gardiners and Peconic bays, ceded by the state to the county of Suffolk pursuant to chapter three hundred and eighty-five of the laws of eighteen hundred and eighty-four as amended by chapter six hundred and forty of laws of nineteen hundred and six, except that said lands shall not be exempt from sanitary inspection under this chapter. § 212. Collection of tax. — If any tax so laid shall not be paid on or before the first day of April the said commissioner shall make and issue 130 The Forest, Fish and Game Law. his warrant for the collection thereof, with interest thereon, at one per centum per month from the day such tax became due and payable and until paid, which warrant shall be delivered to the sheriff of the county within whose jurisdiction the lands are situated, directing such sheriff to collect such tax, together with the penalties and interest, if any, due thereon, together with his fees for making such col- lection, and such sheriff is hereby authorized, em- powered and required in default of such payment to sell the property described in such warrant in the manner provided by law for a sale under execution, and to deliver to the purchaser thereof a proper deed or assignment, as the case may be, and such warrant shall immediately be returned to said commissioner by said sheriff with all his proceedings indorsed thereon, and he shall pay over to the said commis- sioner the money received upon such sale and said commissioner shall apply the same to the payment of such tax and all int€rest and expenses thereon, in- cluding the expenses of such sale, returning any bal- ance that may remain to such owner or owners. All moneys received by said commissioner in payment of taxes and interest thereon shall be accounted for and paid by said commissioner to the state treas- urer, for the benefit of the state, within thirty days after its receipt. Sanitary Inspection. § 213. Inspection of oyster beds.— It shall be the duty of the superintendent of marine fisheriej' annually, or oftener should he deem it necessary to inspect or cause to be inspected the various oyster beds and other places within the state from which ovsters and other shellfish are taken to be marketed The Forest, Fish and Game Law, 131 and sold for consumption, with a view of ascertain- ing the sanitary conditions of such oyster beds and other places, and the fitness of the oysters and other shellfish in such places, or which are taken there- from, for use as articles of food. § 214. Duties of state commissioner of health. — For the purposes of making such inspection the superintendent of marine fisheries may request the state commissioner of health to designate and assign, and it shall be the duty of the state commissioner of health upon such application to designate and as- sign, a sanitary inspector who shall, under the direc- tion of the superintendent of marine fisheries, visit such oyster beds and places and examine them and the oysters found thereon or therein, and immedi- ately report to the superintendent of marine fisheries the result of such examination. The superintendent of marine fisheries shall keep or cause to be kept an official record of such inspection, and shall, immedi- ately thereafter, issue certificates, setting forth the result of such inspection, to the owners, lessees or proprietors of such oyster beds and places as shall be found to be in good sanitary condition, and the product of which shall be found to be fit for use as food. § 215. Sale prohibited unless sanitary condition be certified. — After examination as to sanitary condition and report thereon any person who shall sell, cause to be sold, or expose for. sale for con- sumption within this state, any oysters or other shell- fish taken from oyster beds or other places within the jurisdiction of, or forming a part of the state oi New York, which have not been so certified to be in 132 The Forest, Fish and Game Law. good sanitary condition and the product of which has not been so certified to be fit for use as food shall be deemed guilty of a misdemeanor. It shall be the duty of the commissioner of marine fisheries to immediately furnish certificate of good sanitary condition on report of examination made. Prosecutions. § 216. Actions for penalties by the people. — Actions for penalties under this article shall be in the name of the people of the state of New York; and must be brought on the order of the commis- sioner or of the superintendent of marine fisheries, as the commissioner may direct. Special counsel may be employed and their compensation fixed by the commissioner. Such actions may be discontinued by order of the court on the application of the com- missioner or the superintendent upon such terms as the court may direct. Such actions, if in justices' courts, may be brought in any town of the county in which the penalty is incurred or in the county in which the defendant resides. § 217. Proceeds of actions by the people.— Moneys recovered in an action for a penalty, or upon the settlement or compromise thereof, and fines for violations of this article shall be paid to the forest, fish and game commissioner, who shall apply so much thereof as may be necessary to the payment oi the expenses of collection. § 218. Actions by private persons or societies. — A private person, except the owner or lessee of premises upon which penalty is incurred, on giving security for costs to be approved by a judge of the The Forest, Fish and Game Law. 133 court in which action is brought, and any society or corporation for the protection of fish, may recover in his or its name any penalty imposed by this article, and shall be entitled in case of collection to one-half of the recovery, less expenses, the bal- ance to be paid to the commissioner. Notice of the commencement of such an« taction shall be given to the commissioner or to the superintendent of marine fisheries within fifteen days after the service of the summons therein, and failure to give such notice shall be a defense to the action. If after the com- mencement thereof an action be brought for the same penalty in the name of the people, an order shall be entered on the application of the commis- sioner or of the superintendent for the discontinu- ance of such action without cost to either party. Motion papers in such an application shall be en- titled in both actions. § 219. Judgments; how enforced. — Judgments recovered under this article may be enforced by execution against the person. A person imprisoned upon such an execution, as provided by section three thousand and thirty-two of the code oi civil pro- cedure, shall not be admitted to the liberties of the jail and shall be confined for not less than one day, and at the rate of one day for each dollar recovered. No person shall be imprisoned more than once or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judg- ment, § 220. Criminal jurisdiction of courts. — Courts of special sessions and police courts in towns and villages, and the several courts of special sessions 134 The Forest, Fish and Game Law. and police courts in cities shall in the first instance have exclusive jurisdiction of offenses committed under this article, and the jurisdiction of said courts shall extend to all such offenses committed in the county where the court sits. A warrant shall be re- turnable before the magistrate issuing the same. § 221. Search warrants; when issued. — Any justice of the peace, police justice, county judge, judge of a city court or magistrate having criminal jurisdiction shall, if it appear probable that fish taken or possessed contr^iry to the provisions of this article are concealed, issue a search warrant for the discovery thereof, according to the practice pro- vided in sections seven hundred and ninety-four to seven hundred and ninety-seven inclusive of the code of criminal procedure. § 222. Punishment for misdemeanor. — A person convicted of a misdemeanor under this article shall, except as otherwise provided, be punished by a fine of not less than ten dollars or more than one hun- dred dollars; or by imprisonment in the county jail or penitentiary for not less than one day or more than one day for every dollar of such penalty, or by both such fine and imprisonment. § 223. Witnesses not excused from testifying. — No person shall be excused from testifying in any civil or criminal action or proceeding taken or had under this article upon the ground that his testimony might tend to convict him of a crime. But no evi- dence derived from the examination of such person shall be received against him upon a criminal prose- cution. A person called for the people and so testi- fying shall not thereafter be liable to indictment or The Forest, Fish and Game Law. 135 conviction for a violation or violations of this article respecting which he has so testified, and may plead or prove the giving of such testimony in bar of such an indictment or conviction. General Provisions. § 224. Recording and fees. — All franchises, grants and leases of lands for shellfish culture, and assignments thereof, shall be recorded in the office of the superintendent of marine fisheries, and all records thereof, heretofore or hereafter made, in such office or in any public office, and copies of such records when duly certified by the officer having the custody thereof, shall be admitted in evidence in any action or proceeding, civil or criminal, in which they are material. Fees shall be paid to the state and collected by the superintendent of marine fish- eries as follows, to wit, for the filing of each appli- cation for a grant or lease of land under water, , twenty-five cents; for recording each instrument of lease, grant or assignment, one dollar; for each- license or certificate issued, one dollar; for each re- location survey seven dollars per day for the time occupied, together with the actual traveling expenses of the surveyor. Any person requiring an original or relocation survey shall furnish a vessel at the place where such survey is to be made, and the necessary assistance to do the work, at his own ex- pense. (As ani'd by chap. 240, Laws of 1909.) § 225. Licenses for vessels. — There shall be a license fee of seventy-five dollars or less, in the dis- cretion of the commissioner, per annum for each steam vessel of fifty tons or over engaged in fishing with nets in the tidal waters of the state, for the 136 The Forest, Fish and Game Law. purpose of making oil or fertilizer from the fish product taken. The owner or owners, lessee or lessees, or persons operating, running, managing or fishing with any such vessel, using the same in fish- ing with nets in the tidal waters of the state for the purpose of making oil or fertilizer from fish prod- ucts taken, who shall not before engaging in such business procure of the forest, fish and game depart- ment of the state such license as herein provided, shall be guilty of a misdemeanor and punishable by a fine of not less than three hundred dollars for each offense. No license shall be required from citi- zens of this state for the purpose of fishing for migratory food fish of the sea, but nonresidents of the state engaged in fishing with nets in the tidal waters of the state shall be required to pay a license fee of five dollars to the state for each vessel used in fishing with nets in such waters. Any person other than a resident of this state using any vessel for the purpose of taking fish with nets from the tidal waters of the state, or within three nautical miles of the coast line, without first having obtained from the commissioner of forest, fish and game the necessary license or licenses as herein provided, is guilty of a misdemeanor and shall be liable to a penalty of one hundred dollars, and to an additional penalty of twenty-five dollars for each vessel so used. It shall be unlawful for any person, corpora- tion, copartnership or firm to engage in taking food fish for the purpose of rendering the same into oil or fertilizer, and any such person, corporation, co- partnership or firm taking food fish for such pur- pose shall be guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars for each offense. The Forest, Fish and Game Law. 137 ARTICLE XIII. Definitions and Construction, Section 240. Definitions. 241. Storage in close season. 242. Construction. 243. Repeal. 244. Time of taking effect. § 240. Definitions. — The following words and phrases used in this chapter are defined as follows: 1. " Grouse " includes ruffed grouse, partridge and every member of the grouse family. 2. "Trout" includes speckled trout, brown trout, rainbow trout, red-throat trout and brook trout. 3. "Lake trout" for the purposes of this chapter includes landlocked salmon and ouananische. 4. " Black bass " includes Oswego bass. 5. " Pickerel " and " pike " for the purposes of this chapter includes wall-eyed pike or pike perch, blue pike, yellow pike, green pike, grass pike, sauger or sand pike, gray pike, and all other fish of the pike perch kind. 6. "Angling" means taking fish by hook and line in hand or rod in hand; or if from a boat not ex- ceeding two lines with or without rod to one person. 7. " Taking " includes pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish and game, and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any net or other device commonly used to take fish and game, whether they result in taking or not; and includes every attempt to take and every act of assistance to every other person in taking or attempting to take fish or game. A person who 138 The Forest, Fish and Game Law, counsels, aids or assists in a violation of any of the provisions of the forest, fish and game law, or know- ingly shares in any of the proceeds of said violation by receiving or possessing either fish, birds, game or timber, shall be deemed to have incurred the penal- ties provided in this chapter against the person guilty of such violation. Whenever taking is al- lowed by law, reference is had to taking by lawful means and in lawful manner. 8. " Person " includes a copartnership, joint-stock company or corporation. 9. Where lands are referred to as "inclosed," the boundary may be indicated by wire, ditch, hedge, fence, road, highway, water or in any visible or dis- tinctive manner which indicates a separation from the surrounding contiguous territory. 10. "Trespass" includes cutting, injuring, taking 01 removing trees of any size of timber or other property of the state, or entering upon the lands of the state with intent to cut, injure, take or remove trees of any size or timber or other property of the state. 11. "Pheasant" does not include the native ruffed grouse commonly termed partridge. 12. Gender and number shall be disregarded in construing this chapter whenever it is necessary to carry out the spirit thereof. 13. Commission, commissioner, commissioners and board of commissioners are synonymous with com- mission of forest, fish and game. 14. " Open season " is the time during which fish, fowl, birds and quadrupeds may be taken. 15. " Closed season " is the time during which fish, fowl, birds and quadrupeds cannot be taken. The Forest, Fish and Game Law. 139 16. " Hooking " is defined to mean taking or at- tempting to take with hook fish not attracted by bait or artificial lure, by snatching with hooks, whether baited or unbaited, gangs or similar devices. 17. Forest preserve counties are those counties in which the lands thereof, if acquired by the state, will become part of the forest preserve. 18.* Plumage includes any part of the feathers, head, wings or tail of any bird, and wherever the word occurs in this chapter reference is had equally to plumage of birds coming from without the state as to that obtained within the state, but it shall not be construed to apply to the feathers of birds of paradise, ostriches, domestic fowl or domestic pigeons. {As am'd by chap. 474, Laws of 1909 and chap, 256, Laws of 1910.) § 241. Storage in close season. — Whenever in this chapter the possession of fish, or game, or the flesh of any animal, bird or fish, is prohibited, refer- ence is had equally to such fish, game or flesh com- ing from without the state as to that taken within the state. Provided, nevertheless, that if there be any open season therefor, any dealer therein, if he has given the bond herein provided for, may holli during the close season in a public storehouse to be designated by the commissioner such part of his stock as he has on hand undisposed of at the opening of such close season. Said bond shall be lo the people of the. state, conditioned that such dealer will not during the close season ensuing, sell, use, give away or otherwise dispose of any fish, game, or the flesh of any animal, bird, or fish which he is per- • Sub. 18 was added by chap. 256, Laws of 1910 and is not to take effect until July i, 191 1. 140 The Forest, Fish and Game Law. mitted to possess during the close season by this section; that he will not in any way during the time when said bond is in force, violate any pro- visions of the forest, fish and game law; the bond may also contain such other provisions as to the in- spection of the fish and game possessed as the com- mission shall require, and shall be subject to the ap- proval of the commission as to amount and form thereof, and the sufficiency of sureties. But no pre- sumption that the possession of fish or game or the flesh of any animal, bird or fish is lawfully pos- sessed under the provisions of this section shall arise until it affirmatively appears that the provisions thereof have been complied with. § 242. Construction. — This chapter is intended to be a restatement of existing law with such changes as clearly appear. The term of office of all the present subordinate employees of the forest, fish and game commission shall not be affected hereby, except as herein especially provided; and the term of office of the commissioner shall commence from and after April fourteenth, nineteen hundred eight. Nothing in this chapter shall be construed as amend- ing or repealing any provision of the criminal code or penal law. § 243. Repeal. — Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 244. Time of taking effect — This chapter shall take effect immediately. The Forest, Fish and Game Law, 141 Schedule of Laws Repealed. Revised Statutes.. Part i, chapter 20, title 11,.. All Revised Statutes.. Part i, chapter 20, title 16,. .All Laws of Chapter Section 1785 31 All 1786 39 Al! 1788 27 All 1788 71. All 1788 82 All 1789 36 AH 1791 9 All 1795 53 All 1798 69. All 1800 74 All 1801 78 20 1801 127 All 1803 97.' All 1803 106 16 1804 7^ All 1807 100 All 1807 140 All 1807 146 I, 2 180Q Z7 All 1809 114 All 1810 86 All 1811 156 All 1812 89 All 1813 131 All R. L. 1813... II All R.L. 1813... 35 23 R.L. 1813... 47 7, 8, 10 R.L. 1813... 62 All 18:4 64 All 1814 i-,6 All 142 The Forest, Fish and Game Law. Laws of Chapter Section 1814 214 All T815 76 All 1815 238 All 1816 135.. All 1816 168 All 1816 169 All 1816 186 All 1817 170 All 1817 180 All 1817 211 All 1818 18 All 1818 49 All 1818 89 All ^ 1818 123........ All 1818 125 All 1818 177 All 1818 252 At: 1819 58 All 1819 81 All T819 140 All 1819 146 All 1819 148 All 1819 165 All 1819 208 All 1820 20 All 1820 31 All 1820 58 All 1820 68 All 1820 81 All 1820 85 All 1820 102 All [820 104 All 1820 155 All 1820 158 All The Forest, Fish and Game Law, 143 Laws of Chapter Section 1820 200 All ' 1820 201 All 1820 207 All 1821 II All 1821 85 All 1821 95 All 1821 142 All 1821 191 All 1822 106 All 1822 151 All 1822 200 All 1822 216 All 1823 28 I 1823 59 All 1823 114 All 1823 185 All 1823 223 All 1824 7 All 1824 99 All 1824 102 All 1824 no All 1824 115 All 1824 138 All 1824 139 All 1824 157 All 1824 158 All 1824 160 All 1824 182 • All 1824 184 All 1824 185 All 1824 274 All 1824 294 All 1825 13 All 1825 157 All 144 The Forest, Fish and Game Lazv. Laws of Chapter Section 1825 305 All 1826 7 All 1826 65 All 1826 212 All 1826 227 All 1827 127 All 1828 17 All 1828 45 All 1828 71 All 1828 147 All 1828 229 All 1828 21 I, HIT 34, 144, 193, 213, 236, 250, 264, 297, 305. 356, 359, 385, 407, 477. 502, 539 (2d Meet.) 1829 189 All 1830 177 AH 1831 203 All 1832 204 All 1833 64 All . 1833 02 All 1833 155 All 1833 156 All 1835 13 AH 1836 127 All 1837 2C8 All 1838 70 All 1838 86 All 1838 182 All 1839 ^73 AH 1840 77 AH 1840 267 AH 1841 202 AH 1843 114 AH The Forest, Fish and Game Law. 145 Laws of Chapter Sectisn 1844 109 All 1844 184 All 1845 31 All 1845 129 All 1845 170 All 1845 217 All 1845 365 All 1846 37 AH 1846 64 All 1846 83 All 1846 85 All 1846 III........ AH 1846 113 All 1846 154 All 1848 279 All 1848 356 All 1848 z()3 All 1849 435 All 1851 478 All T853 506 All 1855 173 All 1855 488 All 1857 287 All 1857 290 All 1857 514 All 1857 ^27 All 1857 7Z^ All 1858 13 All 1858 38 All 1858 89 All 1858 163 All 1859 89 All 1859 229 All 1859 285 All 146 The Forest, Fish and Game Law, Laws of Chapter Section 1859 464 All 1859 469.... All 1859 511 All i860 54 All i860 186 All i860 196 All i860 199 All i860 223 All i860 228 All i860 302 All i860 332 All i860 384...' All 1861 146.. All 1861 173 All 1861 214 All 1862 107........ All 1862 212 All 1862 335 All 1862 474 AH 1863 462 All 1864 288 All 1864 426 All 1864 575 All 1865 237 AH 1865 518 All 1865 642 All 1865 678 All 1865 679 All 1866 112 All 1866 251: All 1866 404 AH 1866 464 AU 1866 753 AH t866 813 All The Forest, Fish and Game Law, 147 Laws of Chapter Section 1867 292 Air 1867 541 AH 1867 ^83 All 1867 827 All 1867 898 All 1868 3 All 1868 28s All 1868 344....---. All 1868 785 All' 1869 909 All 1869 910 All 1870 234 All 1870 567 All 1871 367 All 1871 721 All 1871 831 All 1872 6s All 1872 83 All 1872 316 All 1872 356 All 1872 433 All 1872 436... All • * 1872 483........ All 1872 595........ All 1872 608 All 1873 74 All 1873 121 All 1873 353 All 1873 381 All 1873 435 AH 1873 436 AH 1873 479 AH 1873 524 AH 1873 66s All 14S The Forest, Fish and Game Law, Laws of Chapter Section 1873 693 All 1873 739 All 1873 740 All 1874 33 All 1874 91 AH 1874 231 All 1874 336 All 1874 352 AH 1874 390 All 1874 394 All 1874 409 All 1874 424 AH 1874 455 AH 1874 Sii AH 1875 55 AH 1875 89 9 1875 154 AH 1875 183 AH 1875 186 AH 1875 201 AH 1875 233 AH 1875 236 AH 1875 272 AH 1875 276 AH 1875... 277 AH 1875 306 AH 1875 321 AH 1875 344 AH 1875 382 AH 1875 384 AH 1875 504 AH 1875 524 AH 1876 191 AH 1876 347 All The Forest, Fish and Game Law. 149 Laws of Chapter Section 1876 389 Ali 1876 395 All 1876 396 All 1876 400 All 1877 152 All 1877 276 All 1877 296 All 1877 398 All 1877 411 All 1877 421 All 1878 302 All 1879 87 All 1879 309 All 1879 361 All -i 1879 534 All 1880 282 All 1880 453 All 1880 531 All 1880 584 All 1880 591 All 1881 416 All 1881 430 All 1881 704 All 1882 178 All 1883 317 All 1884 127 All 1884 185 All 1884 212 All 1884 247 All 1884 169 All 1884 501........ All 1885 121 All 1885 237 All 1885 242 All 1885 243 All 1885 283 All 150 The Forest, Fish and Game Law. Laws of Chapter Section 1885 48s All 1885 556 All 1885 557 All 1886 II All 1886 112 All 1886 124 All 1886 141 All 1886 194 All 1886 226 All 1886 247 All 1886 267 All 1886 300 All 1886 395 All 1886 427 All 1886 429 All 1886 430 AH 1886 437 All 1886 522 All 1886 542 All 1886 590 All 1886.; 603 All 1886 671 All 1887 259 All 1887 366 All 1887 373 All 1887 395..'. All 1887 407 All 1887 475 All 1887 498 All 1887 530 All 1887 562 All 1887 584 All 1887 591 All 1887 596 All The Forest, Fish and Game Law, 15 r Laws of Chapter Section 1887 617 All 1887 618 All 1887 619 All 1887 620 All 1887 623 All 1887 639 All 1887 641 All 1888 501 All 1888 520. All 1888 547 AH 1888 577 All 1889 24 All 1889 512 All 1889 539 AH 1889 550 All 1889 556 'All i8qo 8 All 1890 II All 1890 Z7 All 1890 54 All 1890 90 All 1890 99 All 1890 308 All 1890 533 All 1892 4B8 All 1892 561 All 1892 707 All 1893 62 All 1893 194 All 1893 293 All 1893 307 •• All 1893 321 All 1893 ZZ^ All 1893 343 All 152 The Forest, Fish and Game Law. Laws of Chapter Section 1893 453 All 1893 540 All 1893 541 All 1893 542 All 1893 547 All 1893 548 All 1893 573 All 1894 183 All 1894 439 All 1894 608 All 1894 627 All 1894 665 All 1894 744 All 1895 ^o All 1895 179 AH 1895 395 All 1895 448 All 1895 470 All 1895 498 All 1895 551 All 1895 974 All 1896 114 All 1896 144 All 1896 150 All 1896 154 All 1896 169 All 1896 179 All 1896 180 All 1896 232 All 1896 251 All 1896 284 All 1896 319 All 1896 3^7 All 1896 368 All The Forest, Fish and Game Law, 153 Laws of Chapter Section 1896 383 All 1896 462 All 1896 463 All 1896 531 All 1896 652 All 1896 653 All 1896 654 All 1896 655 All 1896 657 All 1896 658 All 1896 659 All 1896 660 All 1896 661 All 1896 783 All 1896 802 All 1896 824 All 1896 975 All 1897 6^ All 1897 64 All 1897 93 All 1897 94 All 1897 150 All 1897 151 All 1897 175 All 1897 182 All 1897 220 All 1897 250 All 1897 259 All 1897 280 All 1897 322 All 1897 326 All 1897 330 All 1897 342 All 1897 388 All 154 The Forest, Fish and Game Lain, Laws of Chapter Section 1897 390 All 1897 628 All 1897 699 All 1897 700 All 1897 70s All 1897 706 All 8 2 All 1898 39 All 1898 40 All 8 53 All 8 54 All 8 55 AH 1898 68 All 1898 92 All 8 93 AH 8 94 All 1898 107 All 1898 109 All 8 132 All 8 135 All 8 139 All 1898 213 All 8 400 All 8 401 All 1898 403 All 1898 404 AH 1898 405 AH 1898 406 AH 8 407 AH 8 408 AH 8 409 AH 1898 447 AH 8 449 AH 1898 450 AH The Forest, Fish and Game Law, 155 Laws of Chapter Section 1 451 AH 1 452 All 1898 453 All 1 454 All 5 455 AH 1898 456 AH 1 457 AH 1 458 AH 1 459 AH 1 460 AH 1 461 AH 1898 462 AH B 463 AH 1 489 AH ^ 600 AH 5 639 AH 1899 5 AH 1899 10 AH p 42 All 1899 54 AH ) 55 AH 1899 60 AH p.. 135 AH 1899 141 All ? 187 AH 1899 188 AH ; 228 AH 1899 231 AH 1899 235 AH 1899 244 All 1899 249 All 1899 252 All 1899 290 All 9 319 AH 156 The Forest, Fish and Game Law. Laws of Chapter Section 1899 325 All 1899 341 All 1899 415 All 1899 425 All 1899 426 All 1899 483 AH 1899 511 All 1899 533 All 1899 534 All 1899 535 AH 1899 536 All 1899 537 All 1899 538 All 18951 610 All 1899 611 All 1899 619 All 1899 642 All 1899 701 All 1899 729 All 1900 20 All 1900 186 All 1900 215 All 1900 235 All 1900 4^9 All 1900 538 All 1900 593 All 1900 594 All 1900 596 All 1900 597 All 1900 598 AH 1900 599 AH 1900 600 AH 1900 601 All iQoo 602 All The Forest, Fish and Game Lazu. 157 Laws of Chapter Section 1900 603 All 1900 604 All 1900 605 All 1900 606 All 1900 607 All 1900 608 All 1900 609.... All 1900 610 All 1900 611 All 1900 638 All 1900 652 All 1900 741 All 1901 91 All 1901 94 All 1901 100 All 1901 120 All 1901 121 All T901 147 All 1901 148 All 1901 192 All 1901 252 All 1901 326 All 1901 366 All 1901 396 All 1901 451 All 1901 491 All 1901 519 All 1901 543 AH 1901 545 ..• All 1901 559 AH 1901 561 AH 1901 603 All 1901 606 All 1901 608 All 158 The Forest, Fish and Game Law. Laws of Chapter Section 1901 614 All 1901 616 All 1901 652 All 1901 662 All 1902 43 All 1902 71 All 1902 yy All 1902 82 All 1902 Ill All 1902 125 All 1902 161 All 1902 190 All 1902 194 All 1902 205 All 1902 213 All 1902 232 All 1902 247 All 1902 267 All 1902 292 All 1902 299 All 1902 303 All 1902 304 All 1902 317 All I9ZS2 322 All i9'52 334 All ino2... S36 All 1902 343 All 1902 347 All 19C2 359 All 1902 361 All 1Q02 372 All 1902 374 All 1902 511 All 1902 517 All The Forest^ Fish and Game Law. Laws of Chapter Section 1902 524 All 1903 14 All 1903 72 All 1903 78 All 1903 80 All 1903 81 All 1903 149 All 1903 155 All 1903 162 All 1903 186 All 1903 209 All 1903 220 All 1903 256 All 1903 261 All 1903 277 All 1903 278 All 1903 279 All 1903 291 All 1903 353 All 1903 433 All 1903 440 All 1903 441 " All 1903 442 All 1903 443 All 1903 444 All I9C3 445 All 1933 446 All 1903 475 All 1903 516 All 1903 518 All 1903 519 All 1903 520 All 1903 533 All 1903 558 All i6o The Forest, Fish and Game Law, Laws of Chapter Section 1903 563 All 1903 596 All 1904 80 All 1904 116 All 1904 157 All 1904 198 All 1904 204 All 1904 :... 233 All 1904 303........ AH 1904 304 AH 1904 311 AH 1904 578 All 1904 579 AH 1904 580 All 1904 581 AH 1904 582 AH 1904 583 AH 1904 584 All 1904 585 AH 1904 586 AH 1904 587 All 1904 588 AH 1904 590 AH 1904 591 All 1904 592 All 1904 593 All 1904 630 All 1904 648 All 1904 674 I, 2 1904 710 AH 1905 3^ AH 1905 196 AH 1905 285 AH 1905 312 AH The Forest, Fish and Game Law, i6i Laws of Chapter Section 1905 313 All 190S 314 All 1905 315 All 1905 316 All 1905 317 All 1905 318 All 1905 319 AH 1905 335 All 1905 2>:i^ All 1905 2>Z7.'- All 1905 338 All 1905 339 All 1905 340 All 1905 341 AH 1905 342 All 1905 343 All 1905 420 All 1905 421 All 1905 422 All 1905 423 AH 1905 424 AH 1905 425 AH 1905 426 AH 1905 427 AH 1905 428 All 1905 429 AH 1905 588 AH 1905 612 All 1905 657 AH 1905 660 AH 1906 69 AH 1906 yz AH 1906 99 AH 1906 191 AH i62 The Forest, Fish and Game Law, Laws of Chapter Section 1906 199 All 1906 206 All 1906 241 All 1906 367 All 1906 402 All 1906 409 All 1906 478 All 1906 519 All 1906 534 All • 1906 535 All 1906 536 All 1906.*. 537 All 1906 538 All 1906 539 All 1907 40 All 1907 48 All 1907 57 All 1907 69 All 1907 92 All 1907 96 All 1907 100 All 1907 1/6 All T907 196 All 1907 201 All 1907 243 All 1907 260 All 1907 282 All 1907 311 All 1907 333 All 1907 519 All 1907 527 All 1907 656 All 1907 666 All 1907 667 All The Forest, Fish and Game Law, 163 Laws of Chapter Section 1907 668 All 1907 745 All 1908 130 All 1908 471 All APPENDIX The Lacey Act. 167 THE LACEY ACT. [Chap. 553 (1900).] UNITED STATES STATUTE. AN ACT to enlarge the powers of the depart- ment of agriculture, prohibit the transportation by interstate commerce of game killed in vio- lation of local laws, and for other purposes. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Con- gress assembled, That the duties and powers of the department of agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The secretary of agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes o-f this act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various states and territories. The object and purpose of this act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they liave not heretofore existed. 1 68 The Lacey Act. The secretary of agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the secretary of agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this act, and shall expend for said purposes such sums as congress may appropriate therefor. § 2. Repealed by chapter 321 of the Laws of 1909 of the United States. § 3. Repealed by chapter 321 of the Laws of 1909 of the United States. § 4. Repealed by chapter 321 of the Laws of 1909 of the United States. § 5. That all dead bodies or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited or the dead bodies, or parts thereof, of any wild game animais, or game or song birds transported into any state or territory, or remaining therein for use, consumption, sale, or storage thereni, shall upon arrival in such state or territory be subject to the operation and effect of the laws of such state or territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animais and birds had been produced in such state or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or other- The Lacey Act, 169 wise. This act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl. Approved, May 25, 1900. CHAPTER 321 of the Laws of 1909 of the United States. AN ACT to codify, revise and amend the penal laws of the United States. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Con- gress assembled^ That the penal laws of the United States be and they hereby are codified, revised and amended with title, chapters, head notes and sec- tions, entitled, numbered and to read as follows : CHAPTER 9. § 241. The importation into the United States or any territory or district thereof, of the mon-goose, the so called " flying foxes " or fruit bats, the Eng- lish sparrow, the starling, and such other birds and animals as the secretary of agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture is hereby prohibited ; and all such birds and animals shall, upon arrival at any port of the United States be destroyed or re- turned at the expense of the owner. No person shall import into the United States or into any territory or district thereof, any foreign wild animal or bird, except under special permit from the secretary of agriculture. Provided^ That nothing in this section shall restrict the importa- 170 The Lacey Act. tion of natural history specimens for museums or scientific collections, or of certain cage birds such as domesticated canaries, parrots or such other birds as the secretary of agriculture may designate. The secretary of the treasury is hereby authorized to make regulations for carrying into effect the pro- visions of this section. § 242. It shall be unlawful for any person to de- liver to any common carrier for transportation, or for any common carrier to transport from any state, territory or district ot the United States to any other state, territory or district thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed or shipped in violation of the laws of the state, territory or district in which the same were killed or from which they were shipped. Provided, That nothing herein shall prevent the transportation of any dead birds or ani- mals killed during the season when the same may be lawfully captured arid the export of which is not prohibited by law in the state, territory or district in which the same are captured or killed. Provided further, That nothing herein shall prevent the im- portation, transportation or sale of birds or bird plumage manufactured from the feathers of barn- yard fowls. § 243. All packages containing the dead bodies, or the plumage or parts thereof, of game animals, or game or other wild birds, when shipped in intei- state or foreign commerce, shall be plainly and clearly marked, so that the name and address of The Lacey Act. 171 the shipper, and the nature of the contents may be readily ascertained on an inspec::ion of the outside of such package. § 244. For each evasion or violation of any pro- vision of the three sections last preceding, the ship- per shall be fined not more than two hundred dol- lars; the consignee knowingly receiving such articles so shipped and transported in violation of said sec- tions shall be fined not more than two hundred dol- lars; and the carrier knowingly carrying or trans- porting the same in violation of said sections shall be fined not more than two hundred dollars. The above sections 241, 242, 243, 244 take the place of sections 2, 3 and 4 of the Lacey Act. 172 Forest Fires, FOREST FIRES. RULES AND REGULATIONS. These rules and regulations were made by the Commissioner under authority of section 40, article 5, chapter 24, Laws of 1909. Fires to clear land, burn logs, brush, dry grass or other material for this purpose shall not be started by any person, except as provided in sec- tion 7Z' This section prohibits the setting of such fires f*-om April 21st to May 31st inclusive and from September i6th to November loth in- clusive. However, such fires may be set from June 1st to September 15th inclusive, if written permission has first been obtained from the su- pervisor of the town in which the fire is to be started or from a superintendent of fires or a regular fire patrolman. Whenever such fires are lighted, competent persons must remain to guard them until all fire is extinguished. If such fires are started near forest or woodland the officer granting the permit shall be personally present when the fire is lighted. Should drought or high winds make the starting of such fires dangerous permits shall not be granted or if granted they shall be void. Any or all persons starting such fires will be held responsible for any or all dam- Forest Fires. 173 age caased thereby or for anj- expenses resulting from fighting such fires, notwithstanding a per- mit has been secured. Fires will be. permitted for the purposes of cooking, warmth and insect smudges; but before such fires are started, sufficient space around the spot where the fire is to be lighted must be cleared of all combustible material; and before the place is abandoned, fires so set must be en- tirely extinguished not only on the surface but in any of the soil underneath. All fires, other than those hereinbefore men- tioned, are absolutely prohibited. Hunters or smokers are warned against allow- ing fires to originate from the use of firearms, cigars, pipes and matches. All matches thrown away in the woods must be broken in half before they are dropped. All persons will be held responsible for any damage, injury or expense as a result of their carelessness or negligence. Girdling and peeling bark from standing trees is absolutely prohibited and any person doing so shall be subject to punishment. Foresters, Fire Patrolmen, Superintendents of Fires, Inspectors, Game Protectors, and all citi- zens are requested to report to the Forest, Fish and Game Commission immediately all cases wliich may come to their notice, of any damage or injury to trees or forests arising from any viola- tion of these rules. By order of the Forest. Fish and Game Com- 174 Forest Fires, GENERAL INFORMATION ON FOREST FIRES. In order to furnish general information in re- gard to our forest fire- law and with the expecta- tion of securing a stronger public sentiment in favor of forest fire prevention, thus assisting in reducing the forest fire losses, and the protection of the forests, both State and private, this article has been prepared. " Self preservation is the first law of nature " and similarly, the protection of our forests from fire and other enemies is the first rule of for- estry. The most destructive agent of the forest is fire and it is one against which we must be guarded at all times. The very use of the woods increases the danger from this source and there- fore it is necessary that everyone who travels or who lives in the forest should be extremely careful about the use of fire. The present forest fire law is the result of dili- gent work on the part of a committee appointed at a meeting of representative lumbermen, large landowners, foresters, park owners and public- spirited citizens. It represents legislation more advanced than is found in the laws of any other state of the Union. The public sentiment in favor of forestry is so strong; the value of the forest property from a commercial standpoint so large; the necessity for the preservation of the forests upon our two great upland regions of this State so urgent; the use of these forests as a pleasure and health resort so essential; the value of these wooded Forest Fires. 175 areas for water storage, an element in supplying cheaper water power, so important; the decreasing timber supply combined with the increasing de- mand for wood material so great, that the value of our forests and the necessity for their preservation are accentuated. It is fair to state that the influence of the forest is so great that the future welfare of this State and of every citizen in the State is intimately associated with th-e preservation of our forests. The forest as a source of revenue and as a source of supply of necessary material is very great. The value of the forest product of this State in the year 1907 was $6,000,000 on the stumpage, or $24,000,000 at the mill. The forest also has an indirect value to our people in that it brings to sections unproductive from an agricultural stand- point thousands of people; and statistics com- piled for the year 1902 show that the tourists spent in the Adirondacks over $6,000,000, exclu- sive of wages and purchase of merchandise. On the other hand, the absolute loss to property owners by forest fires in the twelve forest counties in 1908 was not less than $1,000,000 from a commercial standpoint; and to them from a forestry standpoint and to the State in general from a protective value, fully as much more. In order that th«se revenues continue, we must have reasonable protection from forest fire. Everyone who travels in the forests must use extreme caution in regard to fire. Smokers must not drop lighted matches and it is very desirable that every match be broken in half before it is thrown away. Campers and hunters must be 176 Forest Fires. very careful about the use of fire for heating and cooking. Such fires should not be started until sufficient space has been cleaned of all duflf, leaves and other inflammable material and before such fires are left, they must be thoroughly quenched. Oftentimes fires burn into the under duffy soil and remain there for several days, finally coming to the surface and a serious fire results. It is only fair to the State or to private landowners that people who use their land for pleasure should be cautious and do nothing to endanger their property. In some cases land- owners have forbidden trespass by hunters, fish- ermen and campers simply on account of the fire danger. The freedom which guides and other people who enjoy the woods, will have in the future, on private land, will be largely deter- mined by the care which they exercise in regard to fire. They should not cause these owners to assume the large risks which they are now com- pelled to take on account of the large number of unrestricted people using our wood lands. The forest fire law provides that any person who sets fire to waste or barren land in the forest preserve counties of the State is punishable on conviction under the Penal Code. Such persons shall also be liable to the State for such wrongful act and to a penalty of $10 for each and every tree so killed or destroyed; or to any municipality, cor- poration or person for any damages which they may cause. This section means that campers and other people, building any kind of a fire in any of the forest sections of the twelve Adirondack and four Catskill counties will be held strictly Forest Fires, 177 responsible for any damage resulting from such fire. Fires to clear land, or burn brush, logs, or dry grass shall not be lighted in our forest sections from April 21st to May 31st inclusive or from September i6th to November loth inclusive. Such fires may be set from June ist to Septem- ber 15th, hov^ever, if a written permit has first been obtained from the supervisor of the town in which the burning is to be done, or from a superintendent of fires or from a regular patrol- man. There is no charge for these permits and these officials will grant them provided the weather conditions do not make a fire haz- ardous. If such fires are to be set near forest or woodlands, the official granting the permit is to be present when the fire is started. The person setting such fire shall be liable to the State or any individual for any damage caused by such fire. They shall also be responsible for any un- necessary expense in fighting such fire, should the fire escape beyond their control. Whenever evergreen (coniferous) trees are cut within the twelve Adirondack or four Catskill counties, provided such trees are not cut for use with the limbs thereon (such as Christmas trees) all of the limbs or branches thereto shall be cut from such trees. The purpose of this law is to have all of the smaller branches of the tree tops lay close to the ground in order that they will decay quickly and thus reduce the fire danger. The experience of former lumbering operations shows that evergreen trees, when the branches are not cut off, decay very slowly and arc 1/8 Forest Fires. a fire menace for many years. It is only fair to the lumbermen that he should do this work because lumbering operations increase the fire danger and as they are the cause of increasing the fire danger, it is only fair that they should take the necessary steps not only to protect their own land but adjoining property owners from this increased fire risk which they have caused. The cost of such additional work is very small and in many cases is entirely offset by the extra amount of wood material secured from the top. This section of the forest law was incorporated at the special request of lumbermen and has met with uniform approval. The fire fighting and fire prevention organiza- tion of this Commission consists of the follow- ing force under the direct charge of the Forest, Fish and Game Commissioner. The Superin- tendent of State Forests, in charge of the direct enforcement of the fire law. The twelve Adiron- dack counties are divided into three fire districts and the four Catskill counties into one district, each district in charge of a superintendent of fire. The districts are further divided into smaller sec- tions in charge of fire patrolmen. The super- visors in the forest towns of the sixteen coun- ties are, by virtue of their ofiice, fire wardens for such towns. In addition to this force, in various places of fire danger and in isolated localities other men designated as special patrolmen are appointed. There are also fifteen observation stations on suitable mountains where men are stationed throughout the summer with maps and glasses to watch out for and locate fires and Forest Fires. 179 inform by telephone the rearest patrolman or supervisor that such fire is burning. The super- intendents of fire, the town supervisors and regu- lar and special patrolmen have authority to warn out any citizen for the purpose of fighting fire when such fires are actually burning. Men are paid at the rate of fifteen cents per hour for time actually employed. With this organization con- sisting of about 25 paid men and 150 more whose duty it is to act in times of fire, a very satisfac- tory organization has been effected. However, with all this organization it is necessary to have a strong, favorable, public sentiment and citizens who are willing to assist in this work and fight fire when necessary or communicate with some of our organization whenever such fires occur. The time has come when our people are realiz- ing the value of a forest, the pleasure-seeker on account of the game, fish, sport or health which he derives; the lumbermen, who view it not simply from the standpoint of how much mer- chantable material it now contains, but as a mat- ter of improvement and investment. The de- nuded, burned, sections are being rapidly planted with small trees in order to yield a future supply of material. The guide or a farmer who lives in the resort sections must take a more practical view of the situation and admit that were it not for these forests, the summer people — the hunter, fisherman or health-seeker — would not frequent the woods and they would not be able to secure such ready employment or sell their products so readily at a home market. i8o Forest Fires. The State of New York has acquired title to more than 1,600,000 acres of land in the Adiron- dacks and Catskills, which is for the free use of our people, with certain restrictions. Any citizen may camp temporarily on State land in the Adirondack or Catskill Park or on the islands in Lake George or the St. Lawrence River. No written permit is necessary nor can one be granted by anybody. The Constitution of the State provides that the land in the Forest Pre- serve can not be leased, sold or exchanged but must be kept as wild forest land for the enjoy- ment of the people. The construction of portable houses, tar paper camps, bark houses, log camps or permanent structures of any kind on State land is absolutely prohibited. Only fallen timber can be used for cooking or heating. Whoever camps on this land must be extremely cautious about the use of fire and when such fires are to be abandoned, they must be thoroughly drenched with water. It is hoped that anyone who uses or is inter- ested in any way in our forest woodlands will cheerfully unite in assisting us and our force in the enforcement of the law and the protection of the forest. CLIFFORD R. PETTIS, Superintendent State Forests. AN ACT to amend the penal law, in relation to Malicious mischief. (Chap. 474, Laws of 1910.) Section I. Section fourteen hundred and twentv-one of chapter eighty-eight of the laws of Forest Fires, l8i nineteen hundred and nine, entitled "An act pro- viding for the punishment of crime, constituting chapter forty of the consolidated laws," is hereby amended to read as follows: § 1421. Burning crops or timber, how punished. A person who, under circumstances not amount- ing to arson in any of its degrees: 1. Wilfully burns or sets fire to any grain, grass or growing crop, or standing timber, or ta any building, fixtures or appurtenances to real property of another, or 2. Wilfully sets fire to, or assists another to set fire to any wild, waste or forest lands, be- longing to the state or to another person whereby such forests are injured or endangered; Is guilty of felony and is punishable by im- prisonment for not more than ten years or by a fine of not more than two thousand dollars, or by both. § 2. This act shall take effect July first, nine- ten hundred and ten. AN ACT to amend the town law, in relation to preventing and fighting forest fires. (Chap. 630, Laws of 1910,) Section i. Section eighty-nine of chapter sixty- three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chapter sixty-two of the consolidated laws," as amended by chapter four hundred and ninety-one of the laws of nineteen hundred and nine, is hereby amended to read as follows: i82 Forest Fires. § 89. Penalty for setting fire to waste or forest lands. Any person who sets fire to waste or forest lands in towns other than those provided for by section seventy-three of the forest, fish and game law, or who negligently suffers a fire to extend from his own lands to any other lands, is guilty of a misdemeanor, and shall, upon conviction, be imprisoned for not more than one year or shall be fined not more than one thousand dol- lars, or both, for each offense. Any moneys necessarily expended by the town, under subdi- vision eight of section ninety-eight hereof, in fighting fires on waste or forest lands may be sued for by the town expending the moneys and recovered from the person causing the fires. § 2. Section ninety-eight of such chapter is hereby amended by adding thereto a new sub- division to be subdivision eight thereof, to read as follows: 8. In towns other than those provided for by section seventy-three of the forest, fish and game law, the supervisor shall, by virtue of his office, be fire warden of his town and charged with the duty of preventing and extinguishing forest fires. He shall have power to employ persons to act as patrolmen in preventing and fighting fires and to employ necessary assistants therefor and shall possess all of the power and authority conferred upon the forest, fish and game commissioner, supervisor and fire patrolman under section sev- enty of the forest, fish and game law. Any per- son summoned to fight forest fires who is physic- ally able and refuses to assist shall be liable to a penalty of twenty dollars. The town board of Forest Fires. 183 each town shall at its first annual meeting desig- nate one of its members to act as such fire warden for the ensuing year in case of absence of the supervisor. The town board shall fix the com- pensation of all patrolmen and assistants em- ployed under the provisions of this section, and all expenses incurred under the provisions of this section shall be a charge upon and paid by the town. § 3. This act shall take effect immediately. 184 Information for Campers, INFORMATION FOR CAMPERS. Any citizen may camp temporarily on the State land in the Adirondacks, the Catskills, Lake George and the St. Lawrence river. No written permit is required, nor can one be granted by anybody. The Constitution of the State of New York provides that the land in the Forest Pre- serve can neither be leased, sold nor exchanged, but must be kept as wild forest land for the en- joyment of the people. Tents are the only struc- tures permitted in the woods, but board floors may be used. No person is entitled to call any particular site his own from year to year. Port- able houses are prohibited. So is the erection of any permanent shelter, such as a bark house, lean-to, or log camp. Peeling bark is absolutely prohibited. Fires may be lighted for cooking, warmth and insect smudges, but only fallen tim- ber can be used. Before a fire is lighted ample space must be cleared around the spot so that the fire shall not spread, and before leaving the place the fire must be thoroughly extinguished. All other fires are absolutely forbidden. Hunters and ;5mokers must be careful not to set fires in the woods by the use of firearms, pipes or cigars. Special care must be taken that lighted matches are extinguished before throwing them down in the woods. Campers will be held strictly re- sponsible for any damage or injury to the forest which may result from carelessness or neglect. The Forest, Fish and Game Commission. Net Licenses. 185 NET LICENSES. RULES AND REGULATIONS. Relating to the use of nets, adopted by the Forest, Fish and Game Commission, June 25, 1910, to take effect January i, 191 1. All licenses for nets shall be granted pursuant and subject to the following rules and regula- tions, which shall be plainly printed on each license issued, and made a part thereof: 1. Only such kinds of nets shall be used as are specified in the license, and a license shall not be issued to a non-resident of the State un- less specially permitted. 2. The license shall specify the kinds of nets to be used and the duration of the license. Licenses shall be granted for no longer than one year; all licenses granted during the year will expire on the thirty-first day of December following, unless an earlier date is specified; the Commissioner may, at any time, in his discretion,- revoke any license after notice to the licensee of the charges made against him. 3. A license issued, pursuant to these rules, is not transferable, and if a licensed net be used by any other person than the licensee or person in his employ, or under his immediate super- vision, it shall be deemed forfeited. i86 Net Licenses. 4. A metal tag shall be issued with each licensed net upon which shall be stamped a num- ber corresponding with the number on the li- cense. Such tag must be attached to the net when in use, in such a manner that it will be on top of or above the water and in plain sight, at all times. In Lake Ontario not to exceed five tags may be issued with each license granted for row, sail or power boats. Tags will not be re- quired for gill net fishing in Lake Erie. The owner of each licensed boat shall at all times have in plain sight aboard said boat his license for inspection. The licensee must exhibit his license when required, to any Game Protector, or to any peace officer of this State, or to any person designated by the Forest, Fish and Game Commission. 5. Licenses granted under the provisions of section number 126 may be for one seine, not exceeding 100 feet in length; one trap net not exceeding 6 feet in depth; two fyke nets, not ex- ceeding 3 feet in diameter, with leaders not ex- ceeding 50 feet in length. 6. Nets licensed for any of the inland lakes of the State or for taking minnows for bait, shall not be handled nor fish taken therefrom be- tween sunset and sunrise, except as specially permitted in the license. Fish not allowed to be taken, shall, with careful handling, be returned to the water immediately. 7. The mesh of all nets used under any license except to take minnows for bait, shall not b€ Net Licenses. 187 less than one and one-eighth inch bar (one and one-eighth inches square). No net shall be used for taking fish in Lakes Erie and Ontario of a smaller size than three inch mesh, or one and a half inch bar. No nets shall be used for taking lake trout or white fish in any waters of a less size than four and three-quarter inch mesh or two and three- eighth inch bar. No gill nets shall have wings or leaders at- tached thereto. No net licensed under a seine license shall be staked, anchored or otherwise fastened while in the water. 8. A licensed net shall only be used in the waters for which the license is given, and may be determined by the Commission and specified in the license. 9. A violation by a licensee, of any of these rules and regulations, or of any hereafter adopted, or of the Forest, Fish and Game Law, shall be sufficient cause for the revoking of a license. Failure to return tags at expiration of license or to make the report required by Rule 12 is suf- ficient cause for denying an application. 10. Any person holding a license, who shall forfeit the same by reason of being convicted hereafter of illegal fishing, or shall violate any of these rules, shall not thereafter be granted an- other license within one year, and no person shall be granted a license who within the year preceding the application, has been convicted of illegal fishing. i88 Net Licenses. 11. All applications for licenses must be in- dorsed by two responsible persons. 12. All persons holding a license shall make an annual report to the Commission of the number or weight and kind of fish caught and the value of the same, and return all tags furnished with *;he license. 13. Each applicant shall, at the time of filing his application for a license, pay to the commis- sion a license fee as provided in the following schedule: For each fyke, scoop, dip or scap net... $1 00 For each trap, seine or gill net 5 00 For each line to catch sturgeon i 00 For each eel pot i 00 For each eel weir 1000 For each stake net per 100 lineal feet.. 2 00 except in Lake Erie and except in Lake Ontario, where the fee shall be as .fol- lows: For each fyke or trap net 5 00 For each pound net 50 00 For each row or sail boat used in fish- ing gill nets 10 00 For each boat of any other kind, under ten tons gross burden, so used 15 00 For each boat of any other kind, of from ten to fifteen tons gross burden, so used 25 00 For each boat of any other kind, of from fifteen to twenty tons burden, so used. 30 00 Net Licenses. 189 For each boat of any other kind, of from twenty to twenty-five tons gross bur- den, so used $3500 For each boat of any other kind, of from twenty-five to thirty tons gross bur- den, so used 40 00 For each boat of any other kind, of from thirty to thirty-five tons gross burden, so used 4500 For each boat of any other kind, of from thirty-five to forty tons gross burden, so used 50 00 For each boat of any other kind, forty tons or over gross burden, so used... 60 00 14. Eel pots must not exceed in length 56 inches, and in diameter not more than 12 inches, if round or otherwise, and not more than 12 inches square, if square in form; the aperture or mouth of all eel pots shall not be more than one and one-half inches in diameter, if round in form or otherwise, and not more than one and one-half inches square, if square in form; and there shall be no fixtures or wings of any kind attached to or used in connection with eel pots intended to stop fish or to guide or force them into the mouth of the pot. 15. The Forest, Fish and Game Commission reserves the rigbt to alter, amend, repeal or modify any or all of the foregoing rules and regulations, and may adopt new ones at any time as the Commission may deem expedient. The Commission may revoke any license granted igo Net Licenses. hereunder at diuy time, and for any reason which to the Commission may seem sufficient. Nothing contained in any of these rules and regulations shall be construed as compelling the issuing of a license to any person nor to prevent the revoking of such license at any time. Roster of Fish and Game Protectors, IQI ROSTER OF FISH AND GAME PROTECTORS. John B. Burnham, Chief Protector, Essex, Essex county. M. C. Worts, ist Asst. Chief, Oswego, Oswego cpunty. John E. Leavitt, 2d Asst. Chief, Johnstown, Fulton county. R. B. Nichols, 3d Asst. Chief, Indian Lake, Hamilton county. B. H. McCoLLOM, 4th Asst. Chief, Canton, St. Lawrence county. Spencer Hawn, sth Asst. Chief, Cicero, Onondaga county. Llewellyn Legge, Div. Chief, Binghamton, Broome county. B. Salisbury, Div. Chief, Ellicottville, Cattaraugus county. WiLLETT KiDD, Acting Div. Chief, Newburgh, Orange county. Isaiah Vosburgh, Acting Div. Chief, Saranac Lake, Franklin county. E. A. Dorlon, Fisheries Protector, Acting Div. Chief, Freeport, Nassau county. Protectors. Name. Residence. County. Ball, J. E Old Forge Herkimer. Barnes, C. T Olmsteadville . . . Essex. Beebe, Carl A Painted Post Steuben. Birch, E. J Amsterdam Montgomery. Bower, Samuel E Pleasant Valley. Dutchess. Boyd, Sterling Pulteney Steuben. Broderick, J. W Niagara Falls. . . Niagara. Burhans, Edwin Kingston Ulster. Burnett, Wm. H Lake George. . . . Warren. Burnside, Lewis H Norwich Chenango. Cloyes, Willis D Cortland Cortland. Colloton, J. A Albany Albany. Culver, Chester C Penn Yan Yates. Daugherty, E. J Lakewood Chautauqua. De Woolf , H. C Batavia Genesee. Doty, Wm. J Sheridan Chautauqua. DoVille, C. T Sodus Point Wayne. Farley, Wm. C Waverly Tioga. Farnham, P. S Owego Tioga. Featherston, I. E Ausable Forks.. . Clinton. Ferguson; A. C West Sand Lake . Rensselaer. Ferree, W. D Cayuga Cayuga. Geenan, Edw Buffalo Erie. Grant, R. Hume Hobart Delaware. Grenon, J. P Tupper Lake .... Franklin. Hand, Jay Cranberry Lake.. St. Lawrence. Hayes, James Olean Cattaraugus. Hazelton, Miles Middleburgh. . . . Schoharie. Hazen, E. A Hammond St. Lawrence. Helmes, David G Deerland Hamilton. Hincher, Thurlow Hilton Monroe. 192 Roster of Fish and Game Protectors. Name. Residence. County. Hodge, W. C Buffalo Erie. Hoffman, Fred Buffalo Erie. Horton, H. A New Suffolk Suffolk. Irons, Wm. H Lockport Niagara. Tones, Elmer Holland Patent.. Oneida. Kinsman, Emery Harris ville Lewis. Leavitt, W. J Dolgeville Herkimer. Lee, Chas. E Islip Suffolk. McCormack, J. T Brooklyn Kings. Ma^sh, Thos. E Castile Wyoming. Mattison, S. G Altmar Oswego. Moore, Alex Merriwold Sullivan. Noble, Geo. R Wellsville Allegany. Northrup, Joseph Alexandria Bay.. Jefferson. Norton, Duane Glenfield Lewis. Reed, W. L Canandaigua. . . . Ontario, Reynolds, E. H Colton St. Lawrence. Rice, John G Albion Orleans. Riley, Charles Plattsburg Clinton. Sauter, J. V New York New York. Sargent, W. S Theresa Jefferson. Scott, N. A Greenfield Centre Saratoga. Scott, S. S Fillmore Allegany. Seckington, D. W Elizabethtown.. . Essex. Smith, J. R Norway Herkimer. Somerville, Robert Sodom Warren. Speenburgh, D. C Hunter Greene. Stanyon, Frank Wells Hamilton. Stapley, Chas, R Geneseo Livingston. Sutton, Geo. E Mount Kisco. . . . Westchester Tarbell, Newton B Malone Franklin. Thompson, H. H Rochester Monroe. Vann, J. B Ithaca Tompkins. Warren, R. E Hampton Washington. Weed, W. J Montour Falls. . . Schuyler. Weston, W. H Syracuse Onondaga. Williams, A. P Mannsville Jefferson. Willis, John Oneida Madison. Winch, Cassius Upper Jay Essex. Winslow, Alvin Stony Creek. . . . Warren. Woolf , Orlando C Elmira Chemung. Worden, Chas. G Oriskany Oneida. Fisheries Protectors. Dorlon, E. A Freeport Nassau. Hicks, Edgar West New Brighton.. Richmond. Squires, C. A Echo Suffolk. Jamaica Bay Protectors. Gallagher, Edmund Brooklyn Kings. Haff , Harry P Islio Suffolk, Roster of Fish and Game Protectors. 193 Hatchery Foremen. Hatchery. Foreman. Address. Adirondack Milo F. Otis Upper Saranac. Caledonia Frank Redband Mumfftrd. Chautauqua R. R. Brown Bemus Point. Cold Spring C. H. Walters Cold Spring Har- bor. Delaware H. E. Annin Margaretville. Fulton Chain W. H. Burke . Old Forge. Linlithgo. G. E. Winchester Linlithgo. Oneida Geo. F. Scriba Constantia. Pleasant Valley. . . Henry Davidson R. F. D. 4. Bath. 194 Roster of Fire Superintendents and Patrols. ROSTER OF FIRE SUPERINTENDENTS . AND FIRE PATROLS. FIRST DISTRICT. Comprising Clinton, Essex and Franklin Counties. M. C. Hutchins, Superintendent, EUenburgh Depot. CLINTON COUNTY. Regular Patrolmen. Keeseville Geo. B. Thompson. Observation Station. Lyon Mountain B. J. Sanford. Supervisors. Keeseville Joshua I. Arthur. EUenburgh Depot Cyrus Myers. Ausable Forks Thos. G. Ryan. Lyon Mountain C. E. Niblette. EUenburgh Center John H. Moore. Saranac James L. Burke. ESSEX COUNTY. Regular Patrolmen. Lake Placid Fred Brittell. Minerva B. B. Bibby. Schroon Lake Samuel Russell. Schroon River Andrew Anderson. Elizabethtown Carl Daniels. Special Patrolmen. Saranac Lake W. S. Fowler. Newman Rufus Alford. Minerva Aldred Kayes. Blue Ridge Joseph Hamner. Cascadeville CharleB Goff. St. Huberts W. Scott Brown. Loch Muller Arthur E. Warren. Newman Ira Lyon. Observation Stations. Whiteface Mountain M. L. Reid. Pharoah Mountain A. L. Pitkin. Hurricane Mountain Joseph Denton. Plantation Patrolmen. Chubb Hill Frank J. Noonc. Roster of Fire Superintendents and Patrols. 195 Supervisors. Keeseville J. H. Smith. Elizabethtown R. B. Dudley. Ausable Forks R. T. Kenyon. Cascadeville H. H. Nye. Lewis Harry E. Derby. Minerva John Donnelly. Port Henry Seward H. Footo, Newcomb A. E. Bibby. Lake Placid B. W. Lewis. Schroon River J. R. Carson. Schroon Lake C. T. Leland. Wilmington James Wolfe. Bloomingdale N. D. Barnard, FRANKLIN COUNTY. Regular Patrolmen. Lake Clear Junction A. I. Vosburgh. Tupper Lake T. W. Collins. Special Patrolmen. Alder Brook David Fadden. Axton Frank Eldred. Corejrs Charles Wardner. Faust William Snyder. Gile Earl F. Day. Kildare Geo. W. Best. Loon Lake Edw. Digneau. Lake Kushaqua. S. L. Page. McColloms C. A. McArthur. Onchioto C. H. Tomey. Paul Smiths B. A. Munsell. Santa Clara Newell Lee. Upper Saranac Willard Boyce. Vcrmontville Geo. B. Taylor. Observation Stations. 8t. Regis Mountain Geo. F. Brown, Jr. Mount Morris Richard Gile. Plantation Patrolmen. Paul Smiths John C. Downs. Harrietstown Charles Donaldson. Supervisors. Tupper Lake E. M. Austin. Owl's Head H. R. Glazier. Gabriels Chas. J. Reilly. Duane W. H. Sprague. Franklin Falls Edward St. Clair. Saranac Lake J. A. LaTour. Bay Pond John Redwood. St. Regis Falls O. L. Wilson. 196 Roster of Fire Superintendents and Patrols. SECOND DISTRICT. Comprising Fulton, Hamilton, Saratoga, Warrer and Washington counties. A. D. Lowe, Superintendent, Northville, Fultor county, N. Y. FULTON COUNTY. Regular Patrolmen. Northville E.G. Roberts. Supervisors. Bleecker John M. Peters. Johnstown Guy Durey. Mayfield Merl Haines. Stratford Joseph Helterline. HAMILTON COUNTY. Regular Patrolmen. Long Lake P.J. Cunningham. Speculator Abe Lawrence. Hope B. Frank Kathan. Indian Lake Geo. H, Tripp. Spjicial Patrolmen. Pine Lake Alex Budin. Forked Lake R. T. Hosley. Cedar Lake Willis E. Brooks. Observation Stations. Snowy Mountain Frank Washburn. Hamilton Mountain Alfred Pelcher. Cat Head Mountain Seth Wadsworth. Supervisors. Piseco John Rourke. Benson Lewis L. Snell. Hope Falls S. M. Brownell. Indian Lake G. F. Morehouse. Speculator R. V. Slack. Long Lake PI. D. Kellogg. Morehouse ville H. F Kreuzer. Wells John W. Babcock. SARATOGA COUNTY. Regular Patrolmen. West Day Frank R. Smith. Roster of Fire Superintendents and Patrols. 197 SUPERViSORS. Corinth . Heman S. Clothier. Day Charles Van Avery, Edinburgh D. O. Grinnell. Hadley F. J. Dunn. WARREN COUNTY. Regular Patrolmen. West Stony Creek Charles Brooks. Hague Charles Wheeler, North Creek Joseph Little. Special Patrolmen. Luzerne Nathan Pulver. Garnet C. F. Kenyon. Observation Stations. Gore Mountain Frank J. Whaley. Prospect Mountain Arthur Irish. Supervisors. Warrensburgh William J. Thomas. Lake George Edwin J. Worden. Chestertown Jesse F. Thurston. Hague Richard J. Bolton. Horicon Samuel C. Baker. North Creek William H. Noxon. Luzerne Wilson J. Hall. Stony Creek L. W. Brooks. The Glen Thos. E. Goodman. Warrensburgh Alfred J. Pitcher. WASHINGTON COUNTY. Regular Patrolmen, Comstock. Lawrence C. Baker. Supervisors. Whitehall Herbert A. Barber. Fort Ann John Sullivan, Jr. Putnam Station Geo. I. Li'Jie. THIRD DISTRICT. Comprising Herkimer, Oneida, Lewis and St. Lawrence counties. James D. McBride, Superintendent, Old Forge, Herkimer county, N. Y. HERKIMER COUNTY. Regular Patrolmen. Little Falls R. S. Spears. Beaver River David Conkey. igS Roster of Fire Superintendents and Patrols. Special Patrolmen. North Wilmurt Jesse C. Withers. Beaver River J. H. Wilder, Big Otter Lake W. D. Crandall. Wilmurt Lewis Fagan. Fulton Chain T. J. Bannon. Ohio Ray G. Mcintosh. Ohio Robert Conklin. North Wood Nicholas Schumacher. Observation Stations. Fort Noble Mountain Perry Cole. Beaver Lake Mountain John H. Bintz. Supervisors. Cold Brook, R. F. D. i Eugene Hemstreet. Cold Brook Frank Coonradt. Salisbury Center H. A. Dodge. Wilmurt James Lanson. Fulton Chain E. B. Pullman. LEWIS COUNTY. Regular Patrolmen. Croghan William Waterhoua*. Bush's Landing D. A. Williams. Port Leyden Ray E. Bishop. Special Patrolmen. Loweville Henry Turck. New Bridge L. D. Spicer. Croghan R. J. Kelly. Crystaldale Stephen Baker. Harrisville Joseph L. Menard. Chase's Lake Geo. V. Norton. Newton Falls H. M. Clark. Croghan Christopher Yousey. Crystaldale Herman Petrie. Newton Falls A.M. Butll. Supervisors. Croghan Isidore Tiss. Harrisville Don F. Sprague. Greig Chester A. Loman Port Leyden Dennis M. Coe. ONEIDA COUNTY. Special Patrolmen. White Lake Comers Roswell Putney. Otter Lake R. G. Norton. Supervisors. Forestporc Frank Tracy. Remsen Charles M. William*. Roster of Fire Superintendents and Patrols. 199 ST. LAWRENCE COUNTY. Regular Patrolmen. PiercefieJd William O'Brien. Oswegatchie C. C. Brundage. Stark W. W. Reynolds. Cranberry Lake Wm. Bancroft. Special Patrolmen. Aldrich A. Collins. Childwold Hiram Jebo. Childwold Dean Seavy. Colton H. L. Gleason. Cranberry Lake M. L. Wicks. Gale John H. Robare. HolleyTvood James Ferry. Moody. Daniel Hinkson. Oswegatchie Stephen Hayes. Star Lake C, C. Davis. South Colton J. M. Douglas. South Colton F. S. Williamson. Seavy Archie Shortliff . Stark Elmer Watson. Tupper Lake John Watson. Wanakena R. H. Hanley. Clare C. H. Isham. Clare Thomas Shaw. Uzonia Robert Day. Observation Stations. Cat Mountain G. A. Muir. Moosehead Mountain John W. Hinkson. Supervisors. Clare .• D.N. Dean. Benson Mines Henry J. Corbitt, Colton Joseph T. Smith. Fin2 E. V. Dowling. ParishviUe O. H. Copell. Gale L. E. Gale. Harrisville, R. D. 2 Noel Aldoes. HAMILTON COUNTY. Regular Patrolmen. Raquette Lake Daniel Lynn. Sumner Creek W. M. Wright. Observation Station. West Mountain Cal LaPrairie. Supervisors. Inlet F. E. Tiffany. 200 Roster of Fire Superintendents and Patrols. FOURTH DISTRICT. Comprising Delaware, Greene, Sullivan and Ulstei counties. Stratton D. Todd, Superintendent, P. O. Arkville, Ulster county, N. Y. DELAWARE COUNTY. Regular Patrolmen. Union Grove Emory Jenkins. Special Patrolmen. Arkville D. B. Cole. East Branch John B. Hawk. Observation Station. Qaudell Point John B. Hawk. Supervisors. Andes James W. Dickson Downsville Frank W. Hartman, Hancock Clayton L. Wheeler Margaret ville John W. Telford. GREENE COUNTY. Regular Patrolmen. Jewett Eugene Kurau. Special Patrolmen. Haines Fall* Geo. H. Matthews. Lanesville Harry D. Lane. Observation Station. Hunter Mountain A. J. Connelly. Supervisors. Tannersville Edgar B. Goslee. Big Hollow William H. Woodworth. Lexington Herbert Kipp. Hensonville Sidney L. Ford, M. D. ULSTER COUNTY. Regular Patrolmen. Phoenicia Jay H. Simpson. Special Patrolmen. Hardenburgh Geo. H. Owen. Claryville Charles D. Hinckley. Slide Mountain Miles Parker. Tobasco W. H. Garsline. Roster of Fire Superintendents and Patrols. 201 Observation Stations. Belle Ayre Mountain Charles Y. Persons. Balsam Lake Mountain Edward Avery. Supervisors. Claiyville Lewis F. Bennett. Seager John E. Haynes. Olive Bridge Jacob Memhew. Accord Daniel E. Schoonmaker. Pine Hill Walter G. Geroldsek. Wallkill William W. McElhone. Ellenville W. Kelly Shook. Bearsville Vactor Shultis. SULLIVAN COUNTY. Regular Patrolmen. Glen Spey Edward Bisland. Special Patrolmen. Grahamsville * H. R. Groo. DeBruc^ Edward Mitchell. Supervisors. Grahamsville Nathan Black. Roscoe William B. Voorhies. RAILROAD FIRE INSPECTORS. Adams S. B. Kellogg. Chateaugay Walter Murray. Oriskany C. J. Gibson. Plattsburgh D. S. Lombard. Walton A. B. Bruce. INDEX. A. Page. Action, witnesses not excused from testifying 16 for trespass on private lands 18 for partition of lands 28 for penalties, how brought 12 costs in 13 in justices* courts, when brought 13 discontinuance of 13 proceeds of 13-14 by private persons or societies 14 exclusive power to bring certain 26-27 to set aside cancellation of sales for taxes 27 to determine title to land in Adirondack Park 27 in forest preserve 27 to perfect State's title or record title 27 to lands in forest preserve counties 27 where brought 28 for trespass on Forest Preserve 29 to restrain trespass or waste 29 for penalty and damages for trespass, may be joined . 29 no trespass when extinguishing fires 46 for damages by fire may be directed by Commissioner 52 proceeds of forest fires 53 proceeds of, for certain violations 132 by private persons and societies for shellfish viola- tions 132 Acts, repealed by this chapter 141-163 Adirondack Park, boundaries of 21-24 land may be appropriated in 31 Adirondacks, certain fish not to be placed in 80 Adirondack frost fish, may be placed in Adirondack region 80 Adjustment of claims for property condemned 32 204 Index, Page. Alien, how liable for violating certain provisions 75 Allegany County, open season for trout in 77 Angling, in waters inhabited by trout, fish to be taken only by 78 bass taken otherwise, not to be sold or offered for sale 81 fish to be taken only by, when 85 defined 137 Antelope, no open season for 58 Antwerp Pigeons, when not to be taken or interfered with 68 Appraisers, for examination of lands 38 Appropriation of land, procedure for 31-32 adjustment of claims for 32 jurisdiction of Court of Claims, in claims for 33 owner may reserve timber on 33 timber reservation restricted on 34 under reservation of timber, no damages for land taken 35 no interest payable when timber reserved 37 manner of service of notice 40 limitations on power of 40 Court of Claims to examine property 40 for propagation of fish 88 procedure on, for hatchery purposes ; . . .88-89 adjustment of claims for 90 Court of Claims to determine claims for. 90 Assessment of shellfish property 127 Assistant Superintendent of Forests, Commissioner to appoint 6 duties of 6 Assistant Chief Game Protectors; appointment of 8 Auditor of fire accounts, appointed by Commissioner. ... 41 salary of 41 duties of 41 Chief Fire Warden to be 41 B. Bass taken otherwise than by angling not to be sold or offered for sale 81 Baysnipe, open season for 67 Bear Lake, provision for taking fish in ! .... 98 Index. 205 Page. Beaver, no open season for. . . • 60 Commission may acquire for restocking 60 Belgian Hares, no close season for £9 Birds, not to be transported without State 71 plumage, skin or body of certain birds not to be possessed for sale 69 not to be sold 69 of birds of paradise may be possessed and sold. . 139 when transported, to be marked, how 71 Bird and Game Refuge, see Game and Bird Refuge 18-19 Black bass, open season for 81 only to be taken by angling 81 length of, which may be taken 81 number to be taken in one day 81 law as to in Orange lake 81 law as to in Saint Lawrence river 81 when may be taken in Cattaraugus county 98 when may be taken in Chautauqua county 98 open season for on Long Island 110 defined 137 Black River Bay, part of Saint Lawrence Reservation . . 25 Black squirrels, open season for 59 Blue Point oysters, prohibitions regarding 123 Board of Commissioners, defined 138 Board of Supervisors, to levy amount due for fire expense from, towns 48 Body of certain birds, not to be possessed for sale 69 not to be sold 69 Bond of Commissioner and Deputy Commissioner 5 chief game protector 9 game protectors 9 for possession of fish and game 139 for sale of ducks, geese, brant and swan 62-63 Box turtles, taking, killing and selling prohibited 60 Brant, open season for 62 not to be taken in night time 62 manner of killing 64 possession of, presumptive evidence that they were taken within State, when 63 .manner of hunting in certain places 109 when may be sold, if taken without the State 63 bond to be given 63 provision of 63 penalty for violation of provisions of bond . 64 2o6 Index. Page. Bullheads, manner of taking 83 law as to taking with nets 85 law as to taking, in Delaware and Sullivan counties. 98 manner and time of taking in Chautauqua and Cat- taraugus counties 98 C. Campers, information for 184 Caribou, no open season for 58 Carp, not to be placed in certain waters 86 law as to taking, in Delaware and Sullivan counties. 99 Catfish, manner of taking 83 law as to taking with nets 85 Catskill creek, law as to nets in 95 Catskill park, boundaries of 24-25 land may be appropriated in 31 Cattaraugus county, open season for trout in 77 law as to fishing in 98 manner and time of taking bullheads in 98 Cattaraugus creek, open season for trout in Cattaraugus and Chautauqua counties 77 Cayuga county, law as to eel weirs in 83 open season for pheasants in 67 when cock or male pheasants may be taken or possessed 68 Cayuga lake, when and where nets may be used in 96 Certificate to collect specimens for scientific purposes. . . 70 Chaumont bay, law as to nets in 94 part of Saint Lawrence Reservation 25 Chautauqua county, open season for trout in 77 law as to fishing in 98 manner and time of taking bullheads in 98 Chemung river, law as to eel weirs in 83 Chenango county, open season for trout in 78 Chief game protector, appointment of 8 duties of 9 bond of 9 compensation of 9 first assistant, compensation of 9 second assistant, compensation of 9-10 third assistant, compensation of 9-10 fourth assistant, compensation of 9-10 Index. 207 Chief game protector — continved: Page. fifth assistant, compensation of 9-10 to make report 11 Civil service examinations, for protectors, confined to counties 9 Civil Service Law, what fire employees to be exempt from. 46 Claims for property condemned, adjustment of 32 Claims for trespass, adjustment of 36 Claims for land for hatchery purposes, adjustment of . . . 90 presented to Court of Claims, when 90 Clams, law as to taking about Staten Island 124 Clerical force 5 Clinton county, game protector in 8 open season for deer in 56 open season for trout in 77 restrictions on fires to clear land 50 Close season in towns, how established 105 Closed season, defined 138 Collection of birds' nests or eggs, for scientific purposes. . 70 Collection of tax on shellfish property 129-130 Commission, powers of 4 may acquire wild moose and elk 59 may acquire beaver for restocking 60 rules for use of nets to be made by 86 defined 138 Commissioner, term of 4 salary of 5 bond of 5 oath of 5 duties of 6 report of 7 to appoint game protectors 8 to appoint chief game protector ' 8 to appoint assistant chief game protectors 8 to appoint special game protectors 12 to employ necessary counsel 13 may establish game and bird refuge 18-19 powers of 26-28 to bring actions 27 to set aside cancellation of sales for taxes 27 to determine title to land in Adirondack Park 27 in forest preserve 27 2o8 Index, Commissioner — continned: Page. which an owner of land would be entitled to bring . . 27 to perfect State's title or record title 27 in forest preserve counties 27 may bring any other action 27 powers of land office vested in 26 may employ counsel 27 to bring actions for trespass in Forest Preserve .... 29 to contract for land to become public 30 when to maintain fire patrol 42 may appoint fire inspectors 41 may organize fire patrol in any town in Forest Preserve 44 to keep cost of maintenance of fire patrol 42 to create fire districts 43 to appoint superintendent of fires 43 to formulate and enforce rules for preventing and fighting forest fires 44 to provide fire fighting apparatus 44 to establish observation stations 44 to provide signals and signal codes for fighting fifes. . 44 to keep account of cost of fire patrol 42 when to maintain fire patrol on railroads 42 may designate game protectors as patrols 42 to furnish county clerk statement of fire expense. . . 47 to keep account of fire fighting expense 47 may direct actions for damages by fire 52 may take deer to restock parks 56 to prepare and furnish blanks for hunting license. . . 74 may acquire land for fish propagation 88 may direct fishways to be placed in dams 104 may establish close season in towns 105 may make rules for taking sturgeon by set lines or trap lines 85 power to take fish 106 may purchase fish roe and fish eggs 106 to appoint superintendent of marine fisheries. . . .115-116 to appoint deputy superintendent of marine fisheries. 116 to appoint clerical force for New York office 117 to appoint fisheries protectors 118 may appoint special fisheries protectors 119 to assess tax on shellfish property 128 Commissioners, members of Forest Purchasing Board. . . 30 Commissioners, defined 138 Index, 209 Page. Commissioners of land office, transfer of powers of 26 power to grant land under water not limited 122 Common carrier, not to receive birds or game in un- marked package 71 Companies subject to supervision of Public Service Commission 49 Compensation of employees of Forest Purchasing Board . 38 Compilation and digest of Forest, Fish and Game Law. . . 7-8 Comptroller, to make deed on partition 28 to deposit moneys to be distributed as provided by judgments 39 Conesus lake, carp not to be placed or used in 86 Coney Island, size of meshes of nets used in Ill Confidential secretary. Commissioner to appoint 6 Coniferous trees, when cut in Forest Preserve counties, branches to be lopped 37 Constables, powers of 12 to have powers of fisheries protectors 119 Construction of law 140 Contract for land to become public , . . . . 30 land office to approve 30 to be recorded 30 Cortland county, open season for trout in 77 Counsel, to be employed 13 Commissioner may employ 27 Costs, in actions 13 when allowed by Court of Claims on claims for appropriation of land 39 Covmty clerk to receive statement of fire expense from Commissioner 47 to deliver statement to board of supervisors 47-48 Courts, criminal jurisdiction of 15 criminal jurisdiction of, for certain violations .... 133-134 Court of Claims, jurisdiction of 33 when costs allowed on claim for appropriation of land 39 to examine property appropriated on request 40 judges to be paid, expenses of examining property.. 40 claims for hatchery lands, presented to 90 Criminal jurisdiction of courts 15 for certain violations 133-134 Croton aqueduct, law as to taking game on lands of . . . . 70 Crumelbow creek, law as to taking suckers in 102 2IO Index. Page. Curlew, open season for 67 open season for, on Long Island 109 D. Damages for land appropriated, when paid, under reservation of timber 35-36 Damages, value of reserved timber, to be considered, in arriving at 38 Dams, to be equipped with fishways 104 notice of construction to be given to Commissioner . 104 Deer, open season 55-56 domesticated deer, when may be transported 57 when not to be taken in open season 56 when may be possessed 57 number which may be taken in open season 56 not to be taken by device 56 not to be taken while in water 56 may be taken by Commission to restock parks 56 when may be transported 57 not to be hunted with dogs 58 when possession by common carrier unlawful 57 when common carrier may accept for transportation . 57 when transported, to be accompanied by owner. ... 57 number to be transported by non-resident 75-77 no open season on Long Island for certain period . . . 108 Deer parks, wholly enclosed, open season for deer in 55-56 Defacement of signs, penalty for 19 Definitions, of words and phrases in article on marine fisheries 114-115 of words and phrases 137-139 Delaware river, law as to eel weirs in 83 law as to nets in 95 Delaware county, restrictions as to fires 50 law as to taking certain fish in 98 Deputy commissioner, appointment of 5 salary of 5 duties of 5 bond of 5 oath of 5 Deputy superintendent of marine fisheries IIG powers of 116 salary of 116 bond of 116 Index, 211 Page. Disposal of game and fish seized 7 Digest of Forest, Fish and Game Law 7-8 Division chief protectors, number of 8 designated by Commissioner 8 salary of 10 Dog fish, law as to taking, in Delaware and Sullivan counties 100 Dogs to be killed 58 not to be harbored in camps 58 Domestic fowl, plumage of, may be possessed and sold. . . 139 Domestic pigeons, plumage of, may be possessed and sold. 139 Ducks, open season for 62 when may be sold, if taken without the State 62-63 bond to be given 62-63 provisions of 50 possession of, presumptive evidence that they were ' taken within State, when 63 penalty for violation of provisions of bonds 64 not to be taken in night time 62 manner of killing 64 open season for on Long Island 108 manner of hunting in certain places 109 Dutchess county, open season for deer in 53 no open season for quail in, until 1913 66 no open season for grouse in, until 1913 66 when pheasants may be taken in 68 law as to taking suckers in 102 when woodcock may be taken and possessed in 66 Duties of Commissioner 6 superintendent of marine fisheries 118 of Forest Purchasing Board 31 of superintendent of fires . . . , , 44-46 E. Bel pots, law as to use of , . 83-84 may be used in Otsego lake 98 license to use, must be obtained 84 Eel weirs, law as to use of 83-84 license to use, must be obtained 84 Elk, no open season for 58 may be acqtiired by Commission 59 212 Index, Page. English pheasants (see pheasants) 67 when may be taken on Robins and Gardiners Islands. 1 10 not to be taken in Richmond county prior to 1914. . 69 English snipe, open season for 67 Erie county, open season for pheasants in 67-68 when cock or male pheasants may be taken or Essex county, game protector in 8 restrictions as to fires 50 law as to taking certain fish 100 open season for deer in 58 open season for trout in 77 European grey-legged partridge, no open season for 65 Explosives, prohibited 88 effect of possession of 88 Extehsion of close seasons 101 F. Fall creek, Ithaca, extension of close season in 101 Fallows, law as to burning of , 50 Fire district.^ 43-44 to be laid out by Commissioner 43 Fire inspectors, Commissioner may appoint 41 salary of 41 duties of 41 not to compromise or settle any violation 11 out of court 11 without order of Commissioner . . . 11 violation of, a misdemeanor 11 Fire patrol 43-44 cost of, a State charge 47 to make report to Commissioner 43 account of cost of to be kept by Commissioner 42 cost to be paid by railroads 42-43 when permission of for fires to clear land required ... 50 by railroads, in forest preserve counties 42 on railroads, to be transported without charge 42 when Commissioner to maintain 42 system, rules and regulations for, to be made by Commissioner 43 Index. 21^3 Page. Fire patrolmen, duties of 45-46 supplies for 45 compensation of 46 penalty for failure to perform duty 47 to make report 46 not to compromise or settle any violation 11 out of court 11 without order of Commissioner 11 violation of, a misdemeanor 11 roster of 194-201 Fire Superintendents, appointment of. 43 duties of .,.»...... 44-45 salary of 43-44 not to compromise or settle any violation 11 out of court 11 without order of Commissioner. 11 violation of, a misdemeanor H. to make report 46 roster of 194-201 Fires, for the burning of fallows 50 Fires to clear land, restrictions on 50 where restriction applies 51 Fires, rules and regulations to prevent 172-173 who may be summoned to fight. 45-46 penalty for refusal to obey summons. 46 when expense of may be recovered . 52 when an act of setting, is punishable according to provisions of penal code 51 when negligence in connection with, is punishable according to provisions of penal code 51 when damages by, may be recovered 51-52 penalty for destruction of trees by , 51-52 circumstances under which prima facie evidence of negligence is established ^^ to clear land, application of section permitting 50 Fish, manner of taking 85 disturbance of, prohibited. 86 not to be taken by drawing off water 87-88 not to be taken by explosives 8$ may be transported if taken within State 71 when transported how to be marked 71 may be transported when taken or produced without State, when. 71 214 Index, Fish — continued: Page. land may be acquired for propagation of 88 local provisions 93-94 may be taken by Commissioner with nets 106 possession of, defined 139 bond for possession of 139-140 Fish culturist, appointment and salary of 5 Fish eggs, Commissioner may purchase 106 Fish roe, Commissioner may purchase 106 Fish seized, disposal of : 7 Fisheries protectors 118 compensation of 119 bonds of 118 to destroy nets 119-120 Fishing through ice, in waters inhabited by trout, pro- hibited 80 Fishing in Otsego lake 97 Fishways, fishing in prohibited 83 in dams on order of the Commissioner 104 in Franklin county 105 in Saint Lawrence county 105 Foremen of hatcheries 193 Forests, Assistant Superintendent of 6 Forest fires, rules to prevent 26 prohibited 51-53 penalty for in certain cases 61-52 proceeds of actions for 53 rules and regulations to prevent 172-173 Forest, Fish, and Game Commission 4 Forest, Fish, and Game Law, compilation and digest of . . 7 construction of 140 compromise or settlement of, violation of, a mis- demeanor 11 Forest Preserve, what constitutes 21 counties defined 139 Commissioner to have supervision of 26 trespass on 29 requirements of railroads in 48 Foxest products, statistics of 55 Forest Purchasing Board, Commissioners to be desig- nated by Governor 30 powers of 30 duties of 31 Index. 215 Forest Purchasing Board — continued: Page. may appropriate land 31 to adjust claims for trespass 36-37 to appoint appraisers 38 to fix compensation of employees 38 to perfect title to lands 38-39 limitations on power to appropriate land 40-41 Foresters, to report trespass in Forest Preserve 29 Forestry, information on 26 Forgery, to alter hunting license 73 Franklin county, game protector in 8 restrictions as to fires 51 open season for deer in 56 open season for trout in 77 fishways in 105 Frostfish, larv as to taking with nets 85 Fulton county, open season for deer in 56 open season for hares and rabbits 59 restrictions as to fires 50-51 when pheasants may be taken in 67-68 open season for trout in 77 O. Game seized, disposal of 7 Game not to be transported without State 71 possession of, defined 139 bond for possession of 139-140 Game and bird refuge, how formed 18 commissioner may regulate taking of birds on 18-19 prohibition or regulation not to exceed 10 years. . . . 18-19 copy of prohibition or regulation to be filed 19 copies to be posted 19 violation of prohibition or regulation a misdemeanor. 19 penalty for violation 19 Game protectors, appointment of 8 bond of 9 compensation of 9 powers and duties of 10 roster of 191-194 to make reports \ 11 to report trespass in Forest Preserve 29 may be detailed to act as fire patrols 42 to kill dogs in certain cases 58 2i6 Index. Game protectors — continued: Page. may destroy nets unlawfully used 90-91 not to compromise or settle any violation 11 out of court 11 without order of Commissioner 11 violation of, a misdemeanor 11 to act as patrols when detailed by Commissioner. . . 42 Gallinule, open season for 67 open season for, on Long Island 109 Garbage not to be thrown in Long Island Sound 126 Gardiners Island, law as to 110 English pheasants, when may be taken on 110 Geese, open season for 62 not to be taken in night time 62 manner of killing 64 open season for, on Long Island 108 possession of, presumptive evidence that they were taken within State, when 63 . manner of hunting in certain places 109 when may be sold, if taken without the State 62 bond to be given 62-63 provisions of 63 penalty for violation of provisions of bond . 64 Gender, under marine fisheries article, defined 115 Gender, to be disregarded, when 138 General secretary. Commissioner to appoint 6 Genesee county, open season for pheasants in. 68 when cock or male pheasants may be taken or pos- sessed 68 Genesee river, open season for trout in 77-78 Governor, to designate members of Forest Purchasing Board 30 acqtiisition of land on consent of .30-31 when may make proclamation prohibiting taking of fish and game . : . 63-54 " contentsot proclamation 54 when may extend time for taking fish, fowl, birds or quadrupeds. 54 Gray squirrels, open season for. 59 Greene county, restrictions as to fires 50-51 Grouse, open season for 65 no open season for, in Dutchess county until 1913. . 66 number to be taken in an open season 65 Index. 21 J Grouse — continued: Page. number to be taken in one day. 65 taken in State, not to be bought or sold 65 possession of, presumptive evidence 65-66 from without State, when to be bought or sold. ... 65 bond to buy and sell 65 law as to transportation of 67 effect of possession of, by common carrier 67 when to be sold and possessed 66 not to be taken by net, trap, or snare 69-70 open season for, on Long Island 109 defined. 137 Guffins bay, part of Saint Lawrence Reservation 25 H. Hamilton county, game protector in 8 restrictions on fires to clear land 60-51 open season for deer in 55-56 open season for trout in 77 Hares, open season for 59 number allowed to be taken 59 open season in Fulton county 59 when may be taken to prevent injury to property.. 69 open season for, on Long Island 108 Harlem river, nets in, prohibited 96 close season for oysters in 123 Hatcheries, land may be appropriated for 88 Hatchery foremen, roster of 193 Hemlock lake, carp not to be placed or used in 86 Henderson bay, part of Saint Lawrence Reservation. ... 25 Herkimer county, game protector in 8 restrictions as to fires 50-51 open season for deer in 55-56 open season for trout in 77 Homing pigeons, when not to be taken or interfered with. 68 Hooking, when and where fish may be taken by 99-100 defined 139 Hounding, prohibited 58 Hudson river, law as to nets in. 96-96 oysters not to be replanted from 123 Hungarian partridges, not to be taken in Richmond county prior to 1914 69 no open season for 65 Hunting license, see License . . 71-75 ai8 Index. I, Page. Inclosed, defined 13S Information for campers 184 Imprisonment, not to satisfy judgment 15 Inspectors, to report trespass in Forest Preserve 29 Inspection of oyster beds 130 Interest, not payable when timber is reserved 37 Islands, what, are part of Saint Lawrence Reservation . . 25-26 J. Jack rabbits, no close season for 59 Jacksnipe, open season for 67 open season for, on Long Island 109 Jail liberties, person imprisoned not admitted to 14 Jamaica bay, game protectors for 9 Jamaica bay protectors, compensation of 10 Jamaica bay and adjacent waters, law as to taking fish in 110-111 Jefferson county, game protector in 8 open season for deer in .^. . . 55-56 Joinder of action, for penalty and damages for trespass . . 29 Jones Inlet and adjacent waters, law as to nets in. .... . 112 Judgments, how enforced 14 for certain violations, how enforced 133 for damages for land appropriated, what to provide in certain cases 39 Jtmsdiction, of courts in criminal prosecutions 15 of Court of Claims 33 K. Keuka lake, carp not to be placed or used in 86 when lake trout may be taken in 78-79 Kildeer, open season for, on Long Island 109 Kings county, application of law to 108 L. Labor, price to be paid for fighting fires 47 Lacey Act, the 167-171 Lake Champlain, regulations as to taking fish in 87 Lake Erie, open season for lake trout and white fish in. . 78 law as to nets in 94 Lake Keuka, open season for lake trout in 78-79 law as to taking fish in * 99-100 Index. 219 Page. Lake Ontario, open season for lake trout and whitefish in. 78 law as to nets in 94 Lake trout, not to be disturbed while spawning 78 open season for 78 taken without the Str.te, when may be possessed and sold 79 when may be taken in Skaneateles and Keuka lakes . 78-79 length of, which may be taken 78-79 law as to transportation of 79 not to be taken for stocking 80 may be placed in Adirondack region 80 open season for, on Long Island 110 defined 137 Lands, not to be sold on partition 28 Land appraisers, to report trespass in Forest Preserve . . 29 Land turtles, taking, killing and selling prohibited 60 Leases, for cultivation of shellfish 120-122 for cultivation of shellfish, manner of letting 120 for cultivation of shellfish, renewal of 120-121 for cultivation of shellfish, collection of rent for. . . . 122 for shellfish culture to be recorded and fees for 135 Legislature, report to 7 Lewis country, game protector in 8 restrictions as to fires 50-51 open season for deer in 55-56 Levy, of tax on shellfish property 128-129 License, for taking minnows for bait 84-85 License, by non-resident to take fish 102 to take sturgeon by set lines and trap lines 85 for vessels, engaged in fishing 135-136 for vessels engaged in fishing, amount of 135-136 License for hunting 71-75 application for 72 where procured 72 fees for 72 fees for, when and where remitted 72 to be signed by licensee 73 what acts permitted under 73 altering of, constitutes forgery 73 prosecution of violation as to 73-74 only one deer to be transported by non-resident under 74 duty of county clerks as to returns for 75 220 Index, License for hunting — continued: Page. county clerk to be reimbursed for expenses 75 duty of city and town clerks as to returns for 75 Licenses, rules and regulations for nets 185-190 Liens on land appropriated, to be provided for in judg- ments on claims therefor 39-40 Limitations on taking real property 40-41 Livingston county, when pheasants may be taken in ... . 67-68 open season for trout in 77 Lobsters, required length of 125 Long Island sound, application of law to 108 Long Island, application of article on 108 no open season for deer on, for certain period 108 open season for ducks on 108 open season for hares on 108 open season for rabbits on 108 open season for swan on 108 open season for wild fowl on 108 open season for squirrels on ^ 108 open season for grouse on 109 open season for curlew on 109 open season for gallinule on 109 open season for jacksnipe on " 109 open season for kildeer on 109 open season for meadow hens on 109 open season for mud hens on 109 open season for plover on 109 open season for quail on 109 open season for ringnecks on 109 open season for oxeyes on , 109 open season for surf snipe on 109 open season for trout on 110 open season for winter snipe on 109 open season for willett snipe on 109 open season for wilsons snipe on 109 open season for woodcock on 109 open season for yellow legs on - 109 open season for black bass on 110 open season for lake trout on 110 open season for rainbow trout on 110 Long Island sound, garbage not to be thrown in 126 Ixjpping of limbs of Coniferous trees 37 Index. 2 21 M. Page. Marine fisheries, defined 114 bureau of 115 Martin, open season for 60 Maskalonge, open season for 82 required length of 82 when may be taken in Cattaraugus county 98 when may be taken in Chautauqua county 98 Meadow hens, open season for, on Long Island 109 Mink, open season for , 60 Minnows, law as to taking for bait . . 84-85 license for taking for bait 84-85 when may be taken by nets, without license 85 Misdemeanor, punishment of 15 compromise or settlement of violation of Forest, Fish and Game Law by game protectors, fire superintendents, fire patrolmen or inspectors, constitutes 11 punishment of for certain violations 134 Missisquoi bay, transportation of fish caught in, pro- hibited 103 Mongolian ring-necked pheasants (see pheasants) 67 Monroe county, when pheasants may be taken in 67-68 Mudhen, open season for 67 open season for, on Long Island 109 Municipality may recover money expended for fighting fires 52 Muskrat, open season for 60 houses, not to be injured or destroyed 60 N. Nassau county, application of law to 108 supervisors may pass fish and shellfish regulations. . 112 Nassau lake, carp not to be placed or used in 86 Nests, of wild birds, with certain exceptions, not to be destroyed or robbed 69 Net licenses, rules and regulations for 185-190 Nets, not to be used for taking birds 69-70 requirements as to meshes of 85 what fish may be taken with 85 to be licensed 86 rules for, filed in Secretary of State's office 86 to be destroyed 90-91 222 Index, Nets — continued: Page. expenses of seizure, county charge 91 in lakes Ontario and Erie 94 in Chaumont bay and adjacent waters. . .' 94-95 in Hudson and Delaware rivers and adjacent waters. 95-96 prohibited in Harlem river and adjacent waters. ... 96 in Seneca lake 96-97 when and where may be used in Cayuga lake 96-97 for taking minnows, when not to be licensed 85 fish may be taken by Commissioner with 108 law as to use in Jones inlet and adjacent waters.. . . 112 to be destroyed by fisheries protectors 119-120 New York office and clerical force 117 Niagara county, open season for pheasants in 67-68 when cock or male pheasants may be taken or pos- sessed 68 Niagara river, law as to taking fish in 93-94 Niagara county, no open season for squirrels in 59 Non-resident, hunting license for 72 how liable for violation of certain provisions 75 law as to taking fish by 102 fishing license 102 Notices, for establishment of private parks 17 how served on appropriation of land 40 service of, on appropriation of hatchery land 89 of construction of dam 104 Number, under marine fisheries article, when to be dis- regarded 115 O. Oath of Commissioner and Deputy Commissioner 5 Oatka creek, open season for trout in town of Gaines- ville, Wyoming county 77-78 Obstruction of streams, prohibited 88 Office of Commission 5 Oil Creek reservoir, law as to taking fish from 101 Oneida county, open season for deer in 55-56 restrictions as to fires 50-51 Ontario county, when pheasants may be taken in 67-68 Ontario, lake, portion of, in Saint Lawrence Reservation. 25-26 Open season, defined 138 Orange county, open season for deer in Deer park 56 open season for lake trout in 78 Index. 223 Page. Orange lake, law as to taking black bass in 81 Orleans county, when pheasants may be taken in 67-68 Oswego county, open season for pheasants in 67-68 when cock or male pheasants may be taken or possessed 68 Otsego lake, law as to fishing in 97 Otsego bass may be taken in, how and when 97 possession of, presumptive evidence 97 eel pots may be used in 98 Owasco lake, open season for lake trout in 79 Owner of land taken, may reserve timber 33-C4 Oxeyes, open season for on Long Island 109 Oyster beds, protected 123-124 inspection of 130-131 Oysters, close season for in Harlem river 123 not to be taken from Hudson river for replanting. . 123 when not to be taken from South bay 123 law as to taking about Staten Island 124 P. Parks, Commissioner to lay out roads and paths in 26 wholly enclosed deer, open season in .55-56 Partitition of lands, actions for 28 Patrolmen, roster of fire 194 , 201 Partridge, no open season for Hungarian or European grey legged 65 Penalty for trespass on Forest Preserve 29 Penalties, for destruction of trees by fire 50-51 for violation of article VI (quadrupeds) 60-61 for violation of Article VII (birds) 75 tor violation of Article VIII (fish, general pro- visions) 91-92 for violation of Article IX (fish, local provisions) . . 103-104 for violation of Article X (fishways, etc.) 106-107 for violation of Article XI (Long Island Law). . .112-113 for violation of certain provisions 126-127 Prosecutions for violations of certain provisions 132 Perch, manner of taking ., 83 law as to taking with nets • 85 as to taking in Saratoga county 101 Persons, under marine fisheries defined 115 subject to supervision of Public Service Commission . 49 2 24 Index, Page. Pheasants, no open season for, except in certain counties, prior to 1914 67-68 when and where the cock or male may be taken and possessed 68 not to be sold or offered for sale 68 number allowed to be killed, taken or possessed .... 68 when may be possessed for consumption 68 open season in 1914 68 English, where may be taken 110 when may be taken 110 Pheasant, defined 138 Pickerel, open season for . 81-82 taken without the State, when may be sold or possessed 82 when may be taken through ice 83 length and number to be taken in Saint Lawrence river 101 defined 137 Pigeons, when not to be taken or interfered with 6 8 Pike, open season for 81-82 taken from without the State, when may be sold or possessed 82 when may be taken through ice 83 defined 137 Plover, open season for 67 open season for on Long Island 109 Plumage, of certain birds, not to be possessed for sale 69 not to be sold 69 what plumage includes 139 applies to birds coming from without the State .... 139 not to be construed to apply to certain birds 139 Pollution, law as to 87 Pollution of shellfish waters, prohibited 126 Possession of deer or venison, when lawful 57 Possession defined 139 Possession of fish and game, bond for 139-140 Posting of notices, to establish private parks 17 Powers of Commissioner 26-28 of Public Service Commission 49 over railroad companies 49 over persons 49 over any companies 49 Index. 225 Page. Private lands, protection of 18 fish and game protected on 18 Private parks, laying out 16-17 posting and publication of notices for 16-17 fish and game protected on 18 Private person, may bring action 14 Private society, may bring action 14 Proceeds of actions, where payable 13 Proclamation of Governor, prohibiting the taking ot fish, fowl, birds or game 53-54 contents of 54 to be published 54 penalty for violation of 54 Protectors, appointment of 8 Civil Service examinations for .' 9 confined to counties 9 compensation of 9 roster of 191-193 to make report 11 to report trespass in Forest Preserve 29 may be detailed to act as fire patrols 42 to kill dogs in certain cases 58 may destroy nets unlawfully used 90-91 Publication of notices, to establish private park 16 Public Service Commission, supervision of railroads in Forest Preserve 49 supervision of persons 49 supervision of any companies 49 Pximpkin Seeds, law as to taking with nets , . 85 Punishment, on conviction of misdemeanor 15 Purchases in Adirondack Park 30 Putnam county, open season for grouse in 65 open season for quail in 64 small-mouth black bass, length of, which may be taken in 81 Q. Quail, open season for 64 no open season for, in Dutchess county until 1913. . 66 number to be taken in open season 64 number to be taken in one day 64 taken in State, not to be bought or sold 65 226 Index. Quail — Continued: Page. possession of is presumptive evidence of taking in State 65-66 from without State, when to be bought or sold. ... 65 bond to buy and sell 65 when to be sold and possessed 66 law as to transportation of 67 effect of possession of by common carrier 67 not to be taken by net, trap, or snare 69-70 not to be taken in Richmond county prior to 1914. . 69 open season for on Long Island 109 when may be taken on Robbms and Gardiners Islands 110 Queens county, application of law to 108 supervisors may pass fish and shellfish regulations 112 R. Rabbits, open season for 59 open season for, in Fulton county 59 bred in captivity, no close season for 59 number allowed to be taken . - 59 when may be taken to prevent injury to property. . . 59 open season on Long Island 108 Rail , open season for 67 Railroad Companies, to pay cost of fire patrol 42-43 to transport without charge fire patrol 42 in Forest Preserve counties, to maintain fire patrol. . 42 Railroads, in forest lands, requirements of 48 subject to supervision of Public Service Commission . 49 Rainbow Trout, open season for on Long Island 110 Raritan Bay, law as to taking fish in 96 Refuge, see Game and Bird Refuge 18 Regulations, as to cutting reserved timber 37 Records and reports of game protectors 11 Report, of Chief Game Protector 11 Reports, of protectors 11 Reports, of special game protectors 12 Reports, of fire patrols of railroads 43 Report of fire patrol, to be made to Commissioner 43 contents of >■ ^ to be verified ^ penalty for failure to make 43 Reports, superintendent of marine fisheries to make. ... 118 Index, 227 Page. Reservation, Saint Lawrence, what constitutes. ....... .25-26 Reservation of timber, restricted 34-35 no damages for land taken when 35 Residents, only may take shellfish 125 Richmond county, no open season for squirrels in 59 open season for lake trout in 78 law as to taking fish in 96 quail not to be taken in prior to 1914 69 English pheasants not to be taken in prior to 1914 . . 69 Hungarian partridges not to be taken in prior to 1914 69 Ringnecks, open season for on Long Island 109 Roads, commissioner to lay out 26 Robbins Island, law as to 110 when English pheasants may be taken on 110 Rockland county, open season for grouse in 65 open season for quail in 65 open season for lake trout in 78 Rondout creek, law as to nets in 96 Roster of protectors 191-192 Roster of hatchery foremen 193 Roster of fire superintendents and fire patrols 194-201 Rules, to prevent forest fires 172-173 for net licenses 185-190 S. Sable, open season for 60 Saint Lawrence county, game protector in 8 restrictions as to fires 50-51 open season for deer in 55-56 open season for trout in 77 fishways, in ; 105 Saint Lawrence Reservation, what constitutes 25-26 Saint Lawrence river, game protector for 8 law as to taking black bass in 81 required length of pickerel taken from, . 101 number of pickerel to be taken in one day 101 Sanitary inspection 130-13 1 Saratoga county, restrictions as to fires 50-51 law as to taking certain fish in 101 open season for deer in 65-5 3 open season for trout in 77 228 Index, Page. Scientific purposes, birds, nests and eggs, may be col- lected for 70 Search, without warrant, protectors to 10 Search warrant, when required by protector 11 when issued 15 when issued under shellfish provisions 134 Secretary, confidential, Commissioner to appoint 6 general, Commissioner to appoint 6 Secretary of State's office, rules for use of nets filed in. . . 86 Seizure of nets, county to pay expenses of 91 Seneca county, open season for pheasants in 67-68 when cock or male pheasants may be taken or possessed 68 Seneca lake, law as to nets in 96 when and what fish may be taken by spearing in. . . 99 Set lines, when and where fish may be taken by 100-101 Service of notice, on appropriation of land 40 on appropriation of hatchery land 89 Shellfish 123 cultivation of 120-122 leases for cultivation of 120-122 residents only may take 125 dredging and raking for shellfish 1 24 sale prohibited unless sanitary conditions certified .131-132 judgments for violations, how enforced 133 Shellfisheries, sanitary inspection of 130-131 Shellfisheries office, to transfer records of 116-117 Shellfish leases, to be recorded and fees for 135 Shellfish property, owners to make statement of 127 assessment of 127-128 tax on 128-129 collection of tax on 129 Shellfish violations, criminal jurisdiction of courts for. 133-134 pxmishment for misdemeanor 134 witnesses not excused from testifying on 134 Shellfish waters, pollution of 126 Sheriffs, powers of 12 to have powers of fisheries proteeton 119 Short title 4 Signs, not to be defaced 19 Silver lake, extension of close season in 101 Skaneateles lake, when lake trout may be taken in 79 Index. 229 Page. Skin of certain birds, not to be possessed for sale, not to be sold 69 Skunk, open season for 60 when may be killed 60 Snares, not to be used for taking birds 69 South bay, when oysters may be taken from 123 Spearing, when and where fish may be taken by 98-100 when and what fish may be taken by, in Seneca lake . 99 Special fisheries protectors 119 Special Game Protectors, appointment of 12 powers of 12 report of 12 compensation of 12 compensation in trespass action 29 not to compromise or settle any violation 11 out of court 11 without order of Commissioner 11 violation of, a misdemeanor 11 Spring brook, open season for trout in 77-78 Squirrels, open season for 59 no open season for, in Richmond county 59 no open season for, in Niagara county 59 when may be possessed , , 59 when may be sold 59 open season on Long Island 108 State, to pay one-half of fire fighting expense 47 may recover money expended for fighting fires 52 State Commissioner of Health, to designate sanitary in- spectors 131 State Engineer and Surveyor, to make description of land appropriated 31-32 to make description of land and water appropriated . 88-89 State fish hatcheries, pollution of waters of, prohibited. . 87 Staten Island, law as to taking oysters about 124 law as to taking clams about 124 Statistics of forest products 55 Statutes, repealed by this chapter 140-163 Streams, pollution of, prohibited 87 not to be obstructed 88 Striped bass, law as to 82 Sturgeon required length of 82 law as to taking with nets 85 when may be taken by set lines and trap lines 85 230 Index. Page. Suckers, law as to taking with nets 85 law as to taking suckers in Dutchess county 102 in Delaware and Sullivan counties 100 Suffolk county, when pheasants may be taken in 67-68 application of law to 108 supervisors may pass fish and shellfish regulations. . 112 Sullivan county, restrictions as to fires 60-51 law as to taking certain fish in 98-100 open season for deer in 55-56 open season for lake trout in 78 Sunfish, manner of taking 83 law as to taking with nets 85 Superintendent, under marine fisheries, article defined. . 115 Superintendent of Forests, Commissioner to appoint .... 6 assistant 6 to make report of statistics of forest products 55 duties of 6 reports of trespass to 29 Superintendent of fires, appointment of 43-44 salary of 43-44 duties of 44-46 when permission of, for fires to clear land, required . . 50 to make report ; 46 to create patrol districts 45 when to employ fire patrolmen 45 roster of 194-201 Superintendent of marine fisheries 115-116 salary of 116 bond of 116 duties of 118 report of 118 to collect rent of leases 122 to decide controversies under leases 123 Supervisor in every town to be member of fire patrol .... 44 duties of, in relation to forest fires 44 when permission of, for fires to clear land required. . 50 Supervisors of Nassau county, may pass fish and shellfish regulations 112 Supervisors of Queens county, may pass fish and shellfish regulations 112 Supervisors of Suffolk county, may pass fish and shellfish regulations 112 Index. 231 Pagb. Surfbirds, open season for 67 Surf snipe, open season for, on Long Island 109 Susquehanna river, law as to eel weirs in 83-84 Swan , open seasan for 62 manner of killing 64 not to be taken in night time 62 open season for, on Long Island 108 manner of hunting in certain places 109 when may be sold, if taken without the State 62 bond to be given 62 provisions of 63 penalty for violations of provisions of bond 64 possession of, presumptive evidence that they were taken within State, when 63 T. Taking, under marine fisheries article, defined 115 Taking, defined 137 Tax, levy and payment on, shellfish property 128-129 collection of, on shellfish property 12C-130 Term of Commissioner 4 Thumping, defined and prohibited 86 Timber, may be reserved by owner of land taken 34-35 when reserved, no damages for land taken 35 regulations as to cutting, when reserved 35 Timber reservation restricted 34 Tioga county, open season for trout in 77 Tip-ups, what fish may be taken with 83 number to be operated by one person 83 Title of law 4 Title to lands, to be perfected .38-39 action to perfect State's title or record title 27 to be brought by Commissioner 27 Town board, may request close season in town 105 member of, to act in absence of supervisor 44 Towns, may request close season through town board.. . 105 to pay one-half fire fighting expense 47 Transportation, of deer and venison, when lawful 57 of game 67 of quail 67 of woodcock, when permitted 67 without State, of birds and game prohibited 71 232 Index. Transportation — Continued : P AOB. of birds and game in unmarked package, prohibited. 71 not to apply to fish taken or produced without the State, when 71 of trout and lake trout, law as to 79 of fish from Province ot Quebec 103 of game, United States Statute, regulating 167-171 Traps, not to be used for taking birds 69 Trees, branches of, when to be lopped 37 penalty for failure to lop tops 37 failure to lop tops a misdemeanor 37 penalty for destruction of, by fire 51-52 Trespass, damages for, on private lands 18 adjustment of claims for 36 defined 138 Trespass on Forest Preserve 29 arrest for 29 penalty for 29 when misdemeanor 29 when felony 29 Trout, open season for 77 open season for in Oatka creek, town of Gainesville, Wyoming county /77-78 open season for in Cattaraugus creek and Catta- raugus and Chautauqua counties 77 length of, which may be taken 78 not to be disturbed while spawning 78 taken in this State not to be sold 78 law as to private hatcheries 78 angling only permitted in water inhabited by 78 not to be taken for stocking 80 may be taken for propagation 80 may be placed in Adirondack region 80 open season for on Long Island 110 defined ^ 137 V. Ulster county, restrictions as to fires 50-51 open season for lake trout in 78 open season for deer in 56 United States Statute, regulating transportation of game 167- 171 Index, 233 V. Page Venison, when may be possessed 57 when may be transported 57 when common carrier may accept for transportation . 57 when possession by common carrier unlawful 57 Vessels, engaged in fishing, to be licensed 135-136 W. Wappinger creek, law as to nets in 96 Warrants, when drawn by Comptroller for land appro- priated 36 Warren county, same protector in 8 restrictions as to fires 50-51 open season for deer in .'55-56 open season for trout in 77 law as to taking fish in certain waters in 100-101 Washington county, game protector in 8 restrictions as to fires 50-51 law as to taking certain fish in 100-101 open season for deer in 55-56 open season for trout in 77 Water, drawing off forbidden 87-88 Water chicken, open season for 67 Wayne county, when pheasants may be taken in 67-68 Weavers' lake, set lines, tip-ups and spearing, prohibited in 102-103 Westchester county, no open season for grouse in 65 open season for quail in 65 law as to taking game in 70 open season for lake trout in 78 Whitefish, open season for 78-79 taken without the State, when may be possessed or sold 79 when not to be taken or possessed 79 law as to taking with nets • • 85 Wild.birds, with certain exceptions, protected 69 nests of, not to be destroyed or robbed 69 Wild fowl, open season for , 62 open season for on Long Island 108 Wild moose, may be acquired by Commission 59 no open season for 58 Willett snipe, open season for on Long Island 109 234 Index. Page. Wilson snipe, open season for 67 open season for on Long Island 109 Winter snipe, open season for on Long Island 109 Witnesses, not excused from testifying 16 immunity for testifying 16 not excused from testifying on shellfish violations . . 134 Woodcock, open season for 64 number to be taken in open season. 64 number to be taken in one day 64 taken in State, not to be bought or sold 65 without State, when to be bought or sold 65 possession of, presumptive evidence 65-66 bdnd to buy and sell 65 law as to transportation of 67 effect of possession of by common carrier 67 when to be sold and possessed 66 open season for on Long Island 109 when may be taken on Robbins and Gardiners Islands 110 when may be taken or possessed in Dutchess county. 66 Wood duck, no open season for 62 Wood turtles, taking, killing and selling prohibited 60 Wyoming county, open season for trout in 77 open season for pheasants in 67-68 when cock or male pheasants may be taken or possessed 68 y. Yates county, open season for pheasants in 67-68 when cock or male pheasants may be taken or possessed 68 Yellow bass, when may be taken in Cattaraugus county. 98 when may be taken in Chautauqua county 98 Yellow legs, open season for 67 open season for on Long Island 109 Young's lake, set lines, tip-ups and spearing, prohibited in 102 YA 02275 THE UNIVERSITY OF CALIFORNIA LIBRARY