dack park, and shall have full power to execute all warrants and search warrants issued for the violation of the fish and game laws and laws passed for the protection of the forest preserve, and the care, custody and control of the Adirondack park, and to serve subpoenas issued for the examination, investigation or trial of all offenses against said laws. L. 1892, c. 488, § 26. 64 N. Y. St. R. 98. 27 Records and reports. Each protector and forester shall keep a daily record of his official acts and at the close of each month make a summary of such record with such statements in detail as shall be necessary for the information of his chief, and report the same to the chief protector and forester. Id., § 27. 28 Payment of salary and expenses. Payment of salary and traveling expenses to protectors and foresters shall only be made upon the certificate of the chief protector and forester that the protector and forester has made such report and properly performed his duties. Id., § 28. 29 Reports by chief protector and forester to the board of commission. The chief protector and forester shall report to the board of commissioners any negligence or dereliction of duty on the part of any of the protectors and foresters with the facts relating thereto, and he shall report monthly to said commissioners the operation of his department during the preceding month, and shall make such further report as may be required by the board of commissioners. Id., § 29. 30 Special protectors and foresters. The board of commissioners may, in its discretion and at pleasure, appoint or remove a person recommended by the majority of the supervisors of any county or by any incorporated game club for the protection of fish and game as special protector and forester who shall possess the same powers that are enforced upon the state protectors and foresters; such special protectors and foresters shall receive no compensation from the state. They shall make similar reports to those required from state protectors and foresters. Id., § 30, as am'd L. 1896, c. 284. 31 Powers of sheriffs, constables and deputy sheriffs. Peace officers shall have the same powers as are conferred upon the game protectors and foresters for the enforcement of the provisions of this chapter. Id., § 31. 32 Nets to be destroyed by protectors and foresters. It is the duty of every protector and forester to seize, remove and forthwith destroy any net, pound or other illegal devices for the taking of fish or game found in or upon any of the waters or islands of this state where hunting and fishing with nets or other illegal devices is prohibited or illegal or upon the shores or islands of such waters and such nets, pounds or other illegal devices are declared to be a public nuisance and shall be abated and summarily destroyed by any game protector and forester and no action for damages shall lie or be maintained against any person for such seizure or destruction. Id., § 32, as am'd L. 1896, c. 661. 33 Expense of seizure of nets. The reasonable expense of any seizure, removal or destruction of such nets, pounds or other illegal devices shall be a county charge against the county in which the same shall be seized and shall be audited and paid as other county charges are paid on the certificate of such protector and forester stating the time and place of such destruction, the name of the person employed therein, the time spent thereabout, and the money advanced, if any, and to whom, and shall be verified by the oath of such protector and forester making such seizure and destruction. Id., § 33, as am'd L. 1896, c. 661. ARTICLE III, as Am'd L. 1895, c. 974. § 40. Deer, Close Season. Quadrupeds. 41. Deer or Venison, when not to be Possessed. 12. Fawns not to be Killed. 43. Traps. § 44. Hounding. 45. Dogs may be Killed. 46. Transportation. 47. Crusting and Yarding. 48. Moose, Caribou and Antelope. 49. Black and Gray Squirrels, Hares and Rabbits. 50. Beaver not to be Killed. 52. Bears, Wolves and Panthers, Bounty. 53. Claim for Bounty; how Proven. 54. Certificate to be Issued. 55. County Treasurer to Pay Certificate. 40 Deer, close season. Wild deer shall not be caught, shot at, hunted or killed except from the sixteenth day of August to the thirty-first day of October, both inclusive. No person shall kill or take alive more than two deer in any season. And in the counties of Ulster, Greene, Sullivan and Delaware no wild deer shall be caught, shot at, hunted or killed at any time within five years from the passage of this act. Deer may be taken alive in any part of the state at any season of the year under the direction of the fish, game and forest commission to be placed in the deer parks belonging to the state for the purpose of breeding. The provisions of this section as to close season shall not apply to Long Island. This section shall not be so construed as to prevent any person from reclaiming alive any deer which may have escaped from a private park or enclosure. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer caught, shot at, hunted or killed. Id., § 40. 92 Hun, 554, 555. 41 Deer or venison, when not to be possessed. Wild deer or venison shall not be possessed or sold except from the sixteenth day of August to the thirtyfirst day of October, both inclusive, and possession thereof from the thirty-first day of October to the tenth day of November, inclusive, is forbidden, and shall be deemed a violation of this section unless it be proved by the possessor or seller that such deer or venison was killed within the lawful period or out of the state. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer or part thereof had in possession in violation of this section. Id., § 41. 92 Hun, 555. 42 Fawns not to be killed. No fawns shall be caught or killed at any time in this state, nor any part thereof be possessed at any time; possession of a fawn or fawns shall be presumptive evidence of the violation of this section. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each fawn caught, killed or possessed in violation of this section. Id., § 42. 92 Hun, 555. 43 Traps and artificial lights. Traps or any device whatsoever, to trap and entice deer, including salt licks, shall not be made, set or used, and deer shall not be caught, hunted or killed by aid or use thereof. No jack light or any other artificial light shall be used in hunting or killing or attempting to kill any deer, except from September first to September fifteenth, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 43, as am'd L. 1896, c. 654, § 1. L. 1896, c. 654, § 2, repeals all inconsistent acts. 92 Hun, 555. 44 Houndings. Deer shall not be hunted, pursued or killed with any dog or bitch in this state at any time except from the first to the fifteenth day of Octo ber, both inclusive. Dogs of the breed commonly used for hunting deer shall not be permitted by the owner or person harboring the same to run at large except between such dates in the forest where deer inhabit. Deer shall not be hunted with dogs in the counties of Saint Lawrence, Delaware, Greene, Ulster or Sullivan, except in the towns of Highland, Cumberland, Tusten, Cochecton and Bethel, in the county of Sullivan, deer may be hunted, pursued or killed with dogs, from the first to the fifteenth day of October, both inclusive. The provisions of this section as to the close season shall not apply to Long Island. If any dog or bitch of the breed used for hunting deer shall be found hunting, pursuing or killing any deer or running at large in the forests of this state where deer inhabit, except between the first and fifteenth days of October, both inclusive, it shall be deemed prima facie evidence of the violation of the foregoing section, by the person or persons, owning, using, having or harboring such dog or bitch. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. L. 1892, c. 488, § 44, as am'd L. 1896, c. 652, § 1. L. 1896, c. 652, § 2, repeals all inconsistent acts. 92 Hun, 555. 45 Dogs may be killed. Dogs, while chasing deer in violation of law, may be killed by any person. Id., § 45. 46 Transportation. Deer or venison killed in this state shall not be transported to any point within or without the state from or through any of the counties thereof or possessed for that purpose, except as follows: One carcass or a part thereof may be transported from the county where killed when accompanied by the owner. No individual shall transport or accompany more than two deer in any one year under the above provision. The possession of deer or venison by a common carrier or by any person in its employ then actually 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 apply to the head and feet or skin of deer severed from the body. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer or part thereof, had in possession in violation of this section. Id., § 46. 92 Hun, 555. 47 Crusting and yarding. Deer shall not be hunted, killed or captured by what is commonly known as crusting, nor while they are yarded. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 47. 92 Hun, 555. 48 Moose, caribou and antelope. Moose, caribou or antelope shall not be hunted, killed or possessed or sold during the close season for the possession of deer or venison, after the same have been killed. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 48. 92 Hun, 555. 49 Black and gray squirrels, hares and rabbits. Black and gray squirrels, hares and rabbits shall not be hunted, shot at, killed or possessed, except from the fifteenth of October to the fifteenth day of February, both inclusive. The use of ferrets in the hunting of rabbits is hereby prohibited. The provisions of this section shall not apply to Long Island. Whoever shall violate, or attempt to violate, the provisions of this section, shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof. The counties of Wayne, Onondaga and Oswego are hereby exempt. from the provisions of this section in so far as it relates to the killing or hunting with ferrets of hares and rabbits. Id., § 49, as am'd L. 1896, c. 179. 50 Beaver not to be killed. No beaver shall be caught or killed at any time in this state. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of fifty dollars for each beaver caught or killed in violation of this section. Id., § 50, added L. 1896, c. 463. 52 Wolves and panthers, bounty. A bounty of thirty dollars for each grown wolf, fifteen dollars for each pup-wolf, and twenty dollars for each panther shall be paid to any person who shall kill such animals in the state. Id., § 52. 53 Claim for bounty; how proven. The killing of a wolf or panther shall be proved by affidavit satisfactory to the supervisor and one of the justices of the town where the animal was killed, and the delivery to them of the skull and skin thereof, which skull shall be by them burned, and the skin branded, so as to be capable of identification. Id., § 53. 54 Certificate to be issued. The supervisor and justice so acting shall issue to the person making such satisfactory proof a certificate directed to the county treasurer of the county, stating the kind of animal killed, the date of killing and amount of bounty to which the person is entitled. Id., § 54. 55 County treasurer to pay certificate. The county treasurer to whom such certificate is directed shall pay the amount of bounty specified in said certificate to the person holding the same, out of the funds of the county, and on the presentation of said certificate to the comptroller, he shall allow the amount thereof to the county by which it was paid in settlement of taxes due therefrom. Id., § 55. ARTICLE IV, as Am'd L. 1895, c. 974. § 70. Wild Fowl; Close Season. 71. Manner of Killing. 72. Quail; Close Season. 73. Quail; when not to be Possessed. Birds. 74. Woodcock and Grouse; Close Season. 75. Woodcock and Grouse; when not to be Possessed. 76. Woodcock and Grouse; when not to be Transported. 77. Plover and Other Birds; Close Season. 78. Certain Wild Birds Protected. 79. Meadow Larks; Close Season. 80. Destroying or Robbing Nests. 81. Snaring, Netting or Trapping Certain Game Birds Forbidden. 82. Mongolian Ring-necked Pheasant. 83. Authority to Collect Birds, et cetera, for Scientific Purposes. 84. Steps to be Taken to Procure Certificate. 85. Time for Which Certificates Shall be in Force. 70 Wild fowl; close season. Web-footed wild fowl, except geese and brant, shall not be pursued, shot at, hunted, killed, possessed or sold between the last day of April and the first day of September, and shall not be pursued, shot at, hunted or killed, except during the hours in each day commencing one hour before sunrise and terminating one hour after sunset. On the Hudson river below the dam at Troy, boats propelled by hand may be used for the purpose of shooting web-footed fowl. The provisions of this section shall not apply to Long Island and Long Island sound. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 70. 71 Manner of killing. Web-footed wild fowl shall not be pursued, shot at, hunted, killed or caught in any way, save with gun raised at arm's length and fired from the shoulder without other rest; nor from any boat other than a boat propelled by hand or floating device; nor by the use of any boughhouse at a greater distance than fifty feet from either the shore or a natural growth of grass or flags. Such fowls caught or killed in any manner prohibited by this section shall not be brought to the shore, sold or possessed. The provisions of this section shall not apply to Long Island and Long Island sound. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. L. 1892, c. 488, § 71. 72 Quail; close season. Quail shall not be pursued, shot at, hunted or killed, except during the months of November and December. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 72. 73 Quail; when not to be possessed. Quail shall not be sold or possessed except during the months of November, December and January, but possession thereof during the month of January is forbidden and shall be deemed a violation of this section unless it be proved by the possessor that said birds were killed within the lawful periods for killing the same, or outside the state, and they shall not be killed or possessed in the counties of Genesee, Wyoming, Orleans, Livingston, Monroe, Cayuga, Seneca, Wayne, Tompkins, Tioga, Onondaga, Ontario, Steuben, Cortland and Otsego, prior to the first day of November, eighteen hundred and ninety-eight. The provisions of this section shall not apply to Robbin's island and Gardiner's island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 73. 74 Woodcock and grouse; close season. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse family, shall not be pursued, shot at, hunted or killed except from the sixteenth day of August to the thirtyfirst day of December, both inclusive. The provisions of this section shall not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, or possessed contrary to the provisions of this section. Id., § 74. 75 Woodcock and grouse; when not to be possessed. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse family, shall not be sold or possessed except from the sixteenth day of August to the thirty-first day of January following, both inclusive, and possession or sale thereof during the month of January is forbidden and shall be deemed a violation of this section, unless it be proved by the possessor or seller that said birds were killed within the lawful period for killing the same, or out of the state. The provisions of this section shall not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 75. 76 Woodcock, quail and grouse; when not to be transported. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse family, or quail killed in this state, shall not be transported to any point within or without this state, from or through any of the counties thereof, or possessed for that purpose, except that such birds may be transported from the county where killed, when accompanied by the owner thereof. Possession of the birds named by a common carrier, or by any person in its employ then actually engaged in the business of such common carrier, unaccompanied by the owner, shall constitute a vio 1 |