violate the provisions of this section shall be guilty of a misdemeanor and in addition there shall be liable to a penalty of one hundred dollars for each violation thereof. L. 1892, c. 438, § 190.

[Note. As to taking oysters in Harlem river see L. 1882, c. 410, §§ 767, 769, 770.]

190a Non-resident taking or planting oysters; penalty for. A person, who not being at the time an actual inhabitant and resident of this state, plants oysters in the waters of this state, without the consent of the owner of the same, or of the shore, or gathers oysters or other shell fish from their beds of natural growth, in any such waters on his own account or for his own benefit, or the benefit of a non-resident employer, is guilty of a misdemeanor, punishable by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars, or both. Pen. Code, § 441.

191 Dredging and raking for oysters and clams regulated. No dredge operated by steam power, or weighing over fifty pounds, shall be used on beds of natural growth in dredging for shellfish. No rake, tongs, dredge or other device shall be used for taking hard or round clams with spaces or openings between the teeth or prongs of less than one inch, and no hard or round clams less than one inch in thickness shall be caught or possessed, but, if caught, shall be returned to the water from which they were taken without unnecessary injury, except as provided in section one hundred and seventy-three. 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. L. 1892, c. 488, § 191.

191a Certain dredges not to be used. A person who uses a dredge or drag operated by steam, or any dredge or drag weighing over thirty pounds for the purpose of catching, or taking oysters or other shell fish from beds of natural growth in the waters of this state is guilty of a misdemeanor. Pen. Code, § 442, as am'd L. 1888, c. 526.

130 N. Y. 455; 55 Hun, 469; 30 N. Y. St. R. 168; 42 id. 363. 192 Sale of lobsters under certain size prohibited. Lobsters less than nine inches in length, measured from one extremity to the other, exclusive of claws or feelers, shall not be caught, sold or possessed. 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. L. 1892, c. 488, § 192.

193 Oysters, how sold, in shell. Oysters in the shell may be sold either by count or measure; if not sold by count they shall be sold in a stave measure, which shall be uniform in shape and of the following dimensions: The bottom to be sixteen and one-half inches across from inside to inside, and the top to be eighteen inches diagonally from inside chime to top; such measure shall be even or struck measure, to be inspected and sealed by the sealer of weights and measures in the county where used. This provision shall not affect the shipment of oysters in barrels to foreign countries. Oyster measures sealed by the county sealer may be used in any county 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 twenty-five dollars for each violation thereof. Id., § 193.

194 Taking clams and oysters about Staten Island regulated. Oysters or clams, whether of natural growth or planted, shall not be dug up, caught or removed between half an hour after sunset and half an hour before sunrise, from the waters on the south side of Staten Island, lying between a line extending due south from the point known as the point of the beach at Great Kills, and a line extending due southwest from Wards Point, in the town of Westfield. 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., § 194.

195 Taking oysters in South bay regulated. Oysters, spawn, seed oysters or shells shall not be dug up, caught or removed from any of the waters of South bay, in the county of Suffolk, between the thirty-first day of May and the first day of September, nor between sunset and sunrise at any time. Any oyster shells caught or taken from the public waters of said bay, in said county, shall be returned to the water in the locality where taken within ten minutes after being so taken. No blade or scraper tongs shall be used or possessed on the waters of said bay, in said county, for the purpose of catching such shell-fish, and possession of a blade or scraper tongs on said waters is a violation of this provision. This section is subject to the provisions of section one hundred and seventy-three. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 195.

197 Leases for cultivation of shell fish. The commissioners may make leases of lands under water for the purposes of shell fish cultivation; beds of oysters of natural growth shall not be leased unless the same have for five years ceased to produce natural oysters in sufficient quantities to enable persons engaged in the planting and cultivation of oysters to earn a livelihood by working on such lands. Such leases shall not be made unless notice thereof has been posted for not less than three weeks in a conspicuous place in the offices of the commissioners and in the office of the clerk of the town nearest to the lands applied for and also in the post-office nearest such lands. The letting shall be at public auction to the highest bidder and shall not be made for a less sum than twentyfive cents per acre per annum, nor for a longer period than fifteen years. The moneys received for such leases shall be paid forthwith into the treasury of the state. The lessee shall immediately cause the grounds so leased to him to be plainly marked out by stakes, buoys, or monuments, which shall be maintained by the lessee, his successor or assigns during the continuance of the lease. Any controversy respecting the boundaries of lands so leased shall be determined by the commissioners on application by any party thereto. The commissioners may remove summarily from such lands any tenants who neglect to pay rent. Id., § 197, as am'd L. 1896, c. 653.

198 Limitation of preceding section. The preceding section does not limit the power of the commissioners of the land office that any grant of land under water made by such commissioners where such land is actually occupied and in use for the cultivation of shellfish shall be subject to the right of the occupant to occupy and use such grounds for a period not exceeding the unexpired term of his lease, nor longer than two years; nor does such section apply to or affect lands under water owned, controlled or claimed under colonial patents or legislative grants by any town or person in the counties of Suffolk, Queens, Kings or Richmond; 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-five, or lands under water in Jamaica bay, in the counties of Queens and Westchester. Nothing in this act contained shall be construed as invalidating any leases, or franchises of land under water, issued or granted by the commissioners of fisheries of this state subsequent to the first day of January, eighteen hundred and ninety-three; and all such leases and franchises made subsequent to the first day of January, eighteen hundred and ninety-three, are hereby declared to be valid, and the lessees holding under and by virtue thereof are hereby confirmed in their leases and franchises; nor shall this act apply to any lands under water, which at the time of the passage of this act are advertised to be leased at public auction, for the purpose of shellfish cultivation, by said commissioners. Id., § 198.

198a Jurisdiction is hereby conferred upon the board of fisheries, game and forest commissioners to hear any and all controversies which have arisen regarding the leasing of lands under water for the purpose of the cultivation of shell fish,

and to determine the same, upon such terms as may be just and equitable. 1896, c. 657, § 1.

L.

1986 The said board of fisheries, game and forest commissioners, in addition to the powers and duties heretofore conferred upon it by law, shall have power to sue for and collect, and to compromise, compound and satisfy any and all rents which now are in arrears, from lands under water leased by the state for the purpose of shell fish cultivation, and to make such rebates, for the rental of such lands, as in their judgment shall seem just and equitable; provided, however, that no such rental shall be reduced to less than twenty-five cents per acre per annum for each acre leased. Id., § 2.

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

Private Grounds and Parks.

§ 210. Trespassing on Private Grounds Forbidden. 211. Notices to be Posted on Private Grounds. 212. Laying Out Grounds for Private Parks. 213. Notice to be Posted in Private Parks.

214. Notice when Territory is Fenced.

215. Fish or Game so Protected not to be Interfered with. 216. Signs not to be Defaced.

210 Trespassing on private grounds forbidden. No persons shall trespass upon inclosed or cultivated lands for the purpose of shooting or hunting any game, or taking any fish from private ponds or streams, after public notice has been given by the owner or person entitled to the exclusive right to shoot or fish thereon, as provided in this article. Whoever shall violate the provisions of this section shall be deemed guilty of misdemeanor and shall in addition thereto be subject to exemplary damages in an amount not more than twenty-five dollars in addition to the actual damages sustained by the owner or lessee. L. 1892, c. 433, § 210.

211 Notices to be posted on private grounds. The notice provided for in the last section shall be given by maintaining signboards at least one foot square upon at least every fifty acres of the premises sought to be protected upon or near the lot lines thereof, or upon or near the shores of any waters thereon, in at least two conspicuous places, or by personal service of a notice containing a brief description of the premises and name of the owner or of the person having the exclusive right to shoot, hunt or fish thereon, and prohibiting the same. Id., § 211.

212 Laying out grounds for private parks. A person owning or having the exclusive right to shoot, hunt or fish on lands, or lands and water, desiring to devote such lands or lands and water, to the propagation or protection of fish, birds or game shall publish in a newspaper printed in the county within which such land or lands and water are situate a notice, once a week, for a term not less than four weeks in the county where the lands so described are situated, substantially describing the same and containing a clause declaring that such land or lands and water will be used as a private park for the purpose of propagating and protecting fish, birds and game. Provided, however, that all waters heretofore stocked by the state or which may hereafter be stocked by the state from any of the hatcheries, hatching stations, or by fish furnished at the expense of the state, shall be and remain open to the public to fish therein the same as though the private park law had never existed. But nothing herein contained shall be construed as affecting any rights now existing of persons owning lands or holding leases of private grounds, waters or parks prior to the passage of this act. Id., § 212, as am'd L. 1896, c. 319.

213 Notice to be posted in private park. There shall be posted and maintained upon such private territory notices or signboards, not less than one foot square, warning all persons against trespassing thereon. Such notice or signboards shall be placed not more than forty rods apart, along the entire boundary

of such private territory, when the same shall consist entirely of land, or when it shall consist of both land and water they shall be placed so that there shall be at least one notice or signboard for every one hundred acres thereof. When the private property consists of a lake, pond or stream only such notices shall be placed in at least four conspicuous places on or near the shore of such lake or pond, and one of such notices shall be placed on every half mile of such stream in a conspicuous place on the bank thereof. Id., § 213.

214 Notice when territory is fenced. When such territory or any part thereof is fenced, notices or signboards shall be placed on or near such fences not more than forty rods apart. Id., § 214.

215 Fish or game so protected not to be interfered with. Upon compliance with the foregoing provisions for preventing trespassing or for devoting lands to propagation of fish, birds and game, no person shall disturb or interfere in any way with the fish or wild birds or wild animals while on the premises so protected, except with the consent of the owner or person having the exclusive right to shoot, hunt or fish thereon. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and shall, in addition thereto, be subject to exemplary damages in an amount not less than fifteen dollars, nor more than twenty-five dollars, in addition to the actual damages sustained by the owner or lessee. Id., § 215.

216 Signs not to be defaced.

Signs placed pursuant to the foregoing provisions shall not be defaced or removed under penalty of twenty-five dollars. Id., § 216.

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

§ 230. Actions, how Entitled.

Prosecutions.

231. Authority to Bring Actions.

232. Actions, where Brought.

233. Discontinuance.

234. Two or More Penalties in One Action.

235. Witness Fees and Disbursements in Actions by People.

236. Actions by Persons or Societies.

237. Judgments Recovered Under this Act, how Collected.

238. Recovery, how Disposed of, in Actions by the People. 239. Recovery, how Disposed of in Actions by Individuals.

240. One-half of Recovery to go to Protector.

241. Expenses of Actions by People, how Paid.

242. Report of Commissioners to Legislature.

243. Arrest of Offenders by Protectors and Trial Thereof.

244. Jurisdiction of Courts.

245. Punishment for Misdemeanor.

246. Issue of Warrants of Arrest.

247. Search Warrant, when Issued.

248. Witnesses.

249. Game from Without the State; how to be Marked and Transported.

230 Actions, how entitled.

All penalties imposed by this act may be sued for and recovered in the name of "The people of the state of New York." Id., § 230.

231 Authority to bring action. Actions for penalties, and as provided in seetion two hundred and thirty, shall be brought in the name of the people on order of the chief fish and game protector and forester, or by direction of either of the commissioners who are hereby authorized in their discretion, to employ special counsel to commence and maintain such actions, and the compensation of such special counsel may be fixed and allowed by the commissioners. Id., § 231, as am'd L. 1896, c. 233.

L. 1896, c. 233, § 2, repeals all inconsistent acts.

232 Actions, where brought. Actions for penalties imposed by this act may be brought in any town in the county where the penalty shall be incurred, or in the county where defendant resides, subject only to the right to remove the same to any other county adjoining that in which the penalty shall be incurred, or in which the action shall have been brought as aforesaid, for cause shown as provided by the code of civil procedure. L. 1892, c. 488, § 232.

233 Discontinuance. Actions for penalties in the name of the people may be discontinued by order of the court upon the application of the chief fish and game protector and forester at any time before trial upon such terms as the court may direct. Id., § 233.

234 Two or more penalties in one action. Two or more penalties may be sued for and recovered in the same action, whether brought by the people or in the name of an individual or society. Id., § 234.

235 Witness fees and disbursements in actions by people. Witness and other fees and disbursements and full costs shall be recovered in any judgment in favor of the people under this act at the rate fixed by section thirty-two hundred and fifty-one of the code of civil procedure, without reference to the amount of recovery. Id., § 235.

236 Actions by persons or societies. Any individual upon giving security for costs, unless he shall be the owner or lessee of the premises upon which it shall be claimed the penalty was incurred, and any society or corporation or agent of any society or association for the protection of fish or game may recover in his or its name all penalties provided for by this act, with costs, but on recovery by the plaintiff in such case of a less sum than fifty dollars, plaintiff shall only be entitled to costs to the amount of such recovery. Such person shall be entitled to one-half of the penalty recovered, the other half to be paid to the board of commissioners, but any such action shall be discontinued without costs or disbursements to either party, in case an action shall be thereafter brought for the same violation in the name of the people and an order to that effect may be entered on motion of the chief fish and game protector and forester or one of the commissioners, on notice to all the parties thereto. Such motion shall be entitled and made in both actions. Any person or society bringing an action under this section shall notify the chief fish and game protector and forester thereof, within fifteen days after service of the summons therein, and failure so to do shall be a defense to the action. Id., § 236.

237 Judgments recovered under this act, how collected. All judgments recovered under the provisions of this act may be enforced by execution against the person; any person in prison upon such execution shall be so imprisoned for a period of not less than one day, and at the rate of one day for every dollar of such judgment when the same exceeds one dollar; no one shall be more than once imprisoned, nor for a longer period than six months upon any judgment; such imprisonment shall not be a satisfaction of such judgment. Id., § 237.

238 Recovery, how disposed of in actions by the people. The amount of fines imposed or penalties recovered and collected in all actions, settlements, compromises or proceedings hereafter or heretofore brought under the direction of a commissioner or upon the order of the chief fish and game protector and forester in the name of the people shall be disbursed by said board as hereinafter provided. Any officer or person failing to pay over any such money recovered by him shall be guilty of a misdemeanor, and shall be removed from office, and a civil action may be brought against any such officer or person for the recovery of any such money received by him in the name of the people under the direction of either of the commissioners. Id., § 238.

239 Recovery, how disposed of in actions by individuals. One-half of the recovery in all actions heretofore brought or hereafter to be brought by an indi

* Costs, § 46.