thereof with intent to frighten the fish out of the deep waters into such seine, and generally known as thumping, is forbidden. 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 fifty dollars for each violation thereof. Id., § 152.

The pro

153 Exceptions as to commissioners of fisheries, game and forest. visions of this act shall not be so construed as to prevent the commissioners of fisheries, game and forest, or persons in their employ and under their direction from taking fish with nets at such times and in such manner as they may direct for the purpose of the artificial propagation of fish. Id., § 153.

154 Fishing with nets, etc., in Seneca lake. It shall be lawful to fish in the waters of Seneca lake with nets or seines, the meshes of which shall not be less than a two inch bar, from the first day of June to the thirtieth day of September, both inclusive, provided that permission so to do has been first obtained and a license secured from the commissioners of fisheries, game and forests. 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 violation thereof. Id., § 154, added by L. 1896, c. 660.

ARTICLE VII, as Am'd L. 1895, c. 974.

Special Provisions as to Kings, Queens and Suffolk Counties and Long Island Sound.

§ 160. Article to Apply to Kings, Queens and Suffolk Counties and Long Island

Sound only.

161. Close Season for Wild Fowl.

162. Exception as to Wild Fowl.

163. Plover and Other Birds, Close Season.

164. Woodcock and Grouse, Close Season.

165. Robbins and Gardiners Islands.

166. Trout, Close Season.

167. Salmon Trout and Land-locked Salmon, Close Season.

168. Black Bass, Close Season.

169. Hares and Rabbits.

170. Decr.

171. Black and Gray Squirrels.

172. Jamaica Bay.

173. Supervisors of Suffolk County; Powers Conferred.

174. Destroying or Robbing Nests.

175. Meadow Hens and Other Birds, Close Season.

Article to apply to Kings, Queens and Suffolk counties and Long Island sound only. This article applies exclusively to the counties of Kings, Queens and Suffolk and Long Island sound. Id., § 160.

161 Close season for wild fowl. Web-footed wild fowl, shall not be shot at, hunted, killed or possessed from the first day of May to the thirtieth day of September, both inclusive, nor shall the same be pursued, shot at, hunted or killed between sunset and daylight. 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 twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 161. 162 Exceptions as to wild fowl. Floating devices may be used for the purpose of shooting web-footed wild fowl therefrom in Long Island sound, Great South bay, west of Smith's Point, Shinnecock and Peconic bays, and in any part of said counties said birds may be pursued and killed from boats propelled by hand, and from any sail boats in Long Island sound, Gardiner and Peconic bays. 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 or possessed contrary to the provisions of this section. L. 1892, c. 488, § 162.

163 Plover and other birds, close season. Plover, curlew, jack snipe, bittern, Wilsons, commonly known as English snipe, yellow legs, Killdeer, Willet snipe, dowitcher, short-necks, rail, sand-piper, bay snipe, surf snipe, winter snipe, ringnecks and oxeyes shall not be shot at, hunted, killed or possessed, except from the first day of July to the thirty-first day of December, 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 twentyfive dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 163.

164 Woodcock and grouse, close season. Ruffed grouse, commonly known as partridge, or any member of the grouse family or meadow larks shall not be hunted, shot at or killed from the first day of January to the thirty-first day of October, both inclusive. Woodcock shall not be hunted, shot at or killed from the first day of January to the thirty-first day of July, inclusive. Nor shall either of such birds be possessed, dead or alive, or sold after the thirty-first day of January until the end of the close season for such birds respectively. 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 or seller that said birds were killed within the lawful period for killing the same or out of this 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 twentyfive dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 164.

165 Robbins and Gardiners island. Quail may be shot on Robbins island so long as it remains the property of the Robbins Island Club, and on Gardiners island, from the fifteenth day of October to the thirty-first day of January following, both inclusive, and woodcock may be shot on such islands from the first day of August to the thirty-first day of December, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor. Id., § 165.

166 Trout, close season. Trout shall not be fished for, caught, killed or sold as food except from the twenty-ninth day of March to the thirty-first day of August, 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 twenty-five dollars for each violation thereof and ten dollars for each fish so caught. Id., § 166.

167 Salmon trout and land-locked salmon, close season. Salmon trout and land-locked salmon shall not be fished for, caught, killed or possessed except from the first day of April to the thirtieth day of September, both inclusive, provided, however, that it shall be lawful to possess and sell at any time salmon trout if said fish have not been taken from the inland waters of this state during the close but season, possession of such fish during such close season is forbidden and shall be deemed a violation of this section, unless it be proved by the possessor that such fish were not caught in such inland waters during the close season. 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 and ten dollars for each fish so caught. Id., § 167.

168 Black bass, close season. Black bass shall not be fished for, caught, killed or possessed except from the thirtieth day of May to the thirty-first day of December, 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 twenty-five dollars for each violation thereof and ten dollars for each fish so caught. Id., § 168.

169 Hares and rabbits. Hares and rabbits shall not be shot at, hunted, killed or possessed, except from the first day of November to the thirty-first day of December, both inclusive. The use of ferrets in the hunting of rabbits is hereby prohibited. 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 animal killed, trapped or possessed contrary to the provisions of this section. Id., § 169.

170 Deer. Shooting at, hunting with dogs or otherwise, or killing deer is prohibited, except during each Wednesday in the month of November in each year. 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., § 170, as am'd L. 1896, c. 144.

171 Black and gray squirrels. Black and gray squirrels shall not be hunted, shot at, killed or possessed except from the first day of November to the thirty-first day of December, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each animal killed or possessed contrary to the provisions of this section. Id., § 171.

172 Jamaica bay. Fish shall not be fished for, caught or killed by any device except angling in the waters of Jamaica bay; and nets shall not be placed in said waters for any purpose. The inlet from the ocean to Jamaica bay shall not be obstructed by any net or device at any time so as to prevent the passage of fish. Angling shall be lawful in said bay every day of the year. This section does not prevent the catching of eels by the use of spear or eel-weir; or the capture of minnows or shrimp for bait by means of hand nets, not exceeding forty feet in length, and four feet in depth, nor the taking of refuse or debris from said water with nets, the meshes of which shall not be less in size than six inch bar. 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 and ten dollars for each fish so caught. Id., § 172. 173 Supervisors of Queens and Suffolk counties; powers conferred. The boards of supervisors of the counties of Queens and Suffolk shall, in addition to the powers herein conferred upon boards of supervisors, have power to pass rules, regulations, laws and ordinances permitting, regulating, controlling or prohibiting the taking of fish and shellfish from or in the salt water of either of such counties. Id., § 173, as am'd L. 1896, c. 975.

174 Destroying or robbing nests. The nests of wild birds known as meadow hens or mud-hens, the robbing of which is commonly called egging, shall not be robbed or needlessly or willfully destroyed at any time. 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. Id., § 174.

175 Meadow hens and other birds, close season. Meadow hens, mud-hens, gallinule or water chicken or grebe shall not be shot at, hunted, killed or possessed from the sixteenth day of August to the thirty-first day of December, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and shall in addition thereto be liable to a penalty of twenty-five dollars for each violation thereof. Id., § 175.

§ 184. Polluting Waters.

185. Garbage, etc., not to be Thrown into Long Island Sound.
187. Taking Oysters from Hudson River for Replanting.
188. Close Season in Harlem River.

189. Oyster Beds Protected.

190. Nonresidents not to Gather Shellfish.

191. Dredging and Raking for Oysters and Clams Regulated.

192. Sale of Lobsters under Certain Size Prohibited.

193. Oysters, How Sold, in Shell.

194. Taking Clams and Oysters About Staten Island Regulated. 195. Taking Oysters in South Bay Regulated.

197. Leases for Cultivation of Shellfish.

198. Limitation of Preceding Section.

180 State oyster protector. The commissioners are authorized to appoint a state oyster protector whose duty it shall be to patrol, under the direction of the commissioners, the oyster regions of the state for the purpose of enforcing the provisions of this act and guarding the shellfish property thereof, who shall have the same powers and duties with reference to shellfish as given by law to game and fish protectors and foresters for the protection of fish, game and forests. L. 1892, c. 488, § 180.

181 Salary and traveling expenses. The salary of such protector shall be one thousand dollars per annum, and he shall be allowed in addition his actual traveling and incidental expenses not exceeding seven hundred and fifty dollars per year. Id., § 181.

182 Assistant to protector. The commissioners, in their discretion, shall allow such protector an assistant, who shall be paid at the rate of two dollars and fifty cents per day for the time of actual service, together with his actual traveling and incidental expenses not exceeding five hundred dollars per year. Id., § 182.

183 Salaries, how paid. The protector and his assistant shall be paid their salaries and expenses in the same manner as game, fish and forest protectors are paid. Id., § 183.

184 Polluting waters. Sludge, acid and other refuse from any oil works, or sugarhouses, or from buildings connected with either of the same, or any substance injurious to oyster culture shall not be placed or allowed to run into any waters within the jurisdiction of the state. This section shall not apply to refuse arising from the manufacture of oil from menhaden or other oil-bearing fish. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 184.

185 Garbage, etc., not to be thrown into Long Island sound. No garbage, cinders, ashes or refuse of any kind shall be thrown from any vessel into the waters of Long Island sound or into the bays and harbors opening into the same, west of a line drawn from Old Field Point due north to the boundary line between New York and Connecticut and within two miles of the shore, and no starfish shall be thrown into any waters of the state. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 185.

187 Taking oysters from Hudson river for replanting. Oysters shall not be taken from the Hudson river north of the county of New York at any time for the purpose of conveying them to another state to have them replanted. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof. Id., § 187.

188 Close season in Harlem river. Oysters shall not be taken from the Harlem river between the thirty-first day of May and the first day of September. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof. Id., § 188.

189 Oyster beds protected. Sub. 1. No person shall fish for, take or catch any oyster or hard clams between half an hour after sunset and half an hour before sunrise, except in the waters of Kill von Kull and the Arthur Kill. No person shall in any wise interfere with, take, disturb or carry away the oysters of another lawfully planted or cultivated in any of the waters of the state, or remove any stakes or buoys or any boundary marks of any planted or cultivated beds. The presence of any person on said beds with dredges or tongs overboard shall be considered prima facie evidence of guilt. Whoever shall violate or attempt to violate the provisions of this subdivision shall be guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

2. All sheriffs, deputy sheriffs and constables, shall, and any other person may, seize any boat or vessel used by any person or persons in violation of subdivision one of this section, together with the tackle, apparel and furniture of said boat or vessel wherever found, within one year after such violation, and shall forthwith give notice thereof to any justice of the peace of the county where the seizure was made.

3. The justice of the peace, to whom such notice is given as provided in subdivision two of this section, shall forthwith fix a time and place for trial, and give at least six days' previous notice of the same to the person or persons in possession of said boat or vessel at the time of such seizure, and also to the owner thereof, if said persons entitled to such notice are known and are residents of the county within which the seizure is made. If any of the persons entitled to such notice are unknown or are nonresidents of the county where the seizure is made, then the said justice of the peace shall order that a notice directed to such person or persons, if known, or if unknown, then generally to whom it may concern, be published once a week, for two successive weeks, in a newspaper published in the said county, which notice shall contain, as near as may be, a description of the boat, vessel or property seized, a concise statement of the grounds of seizure thereof and the time and place fixed by the said justice of the peace for trial, which time shall not be less than six days from the day of the last publication of such notice.

4. At the time and place fixed by the said justice of the peace for trial, or at such time and place to which the said justice of the peace may adjourn the same, he shall determine by the evidence taken by him whether such boat, vessel or property was used in interfering with, taking, disturbing or carrying away oysters or other shell fish in violation of any provisions of this section, and if said justice of the peace shall determine that said boat, vessel or property was so used, he shall order the same to be sold together with its furniture, tackle and apparel, and shall direct the manner of the sale thereof. The avails from such sale, after deducting all the charges and expenses of such seizure, trial and sale, which said justice of the peace may allow, shall be paid to the commissioners of fisheries, game and forest.

5. Any person who shall prevent or obstruct any other person from entering and seizing any boat or vessel liable to seizure under the provisions of this section, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment for not more than one year or both. Id., § 189, as am'd L. 1896, c. 383.

190 Non-residents not to gather shellfish. Only persons who have been actual residents of this state for six months shall be entitled to gather shellfish from the waters of this state, except when such non-resident is employed for that purpose by a person authorized to gather the same. Whoever shall violate or attempt to