successor in office, shall be known as the shell-fish commissioner, and shall finish and complete the survey now being made under his direction of all the lands under the waters of the state suitable for use for the planting and cultivation of shell-fish, and shall make a map thereof as heretofore provided. He shall finish and complete the survey now being made of all the beds of oysters of natural growth located in the waters of the state, and such beds of oysters of natural growth shall be set apart and preserved, and shall not be deemed to be included in the lands for which franchises are to be sold under the provisions of this act. Said commissioner shall ascertain the occupants of all lands claimed to be in the possession or occupation of any person or persons, and no grant of lands so occupied or possessed shall be made, except to the actual occupant or possessor thereof; provided that said occupant or possessor, within one year from the passage of this act, shall make application for, and purchase the same. L. 1887, c. 584, § 1.

338 Additional commissioner of fisheries. For the further purposes of this act, the governor is hereby authorized to appoint an additional commissioner of fisheries, who shall be a man of experience in oyster culture, and who shall be a resident of Richmond, Queens, Kings, or Suffolk counties. Id., § 2.

339 Commissioners to make rules; franchises, how granted. Immediately after the passage of this act the commissioners of fisheries shall meet at some place, to be designated by them, in the city of New York, for the purpose of making such rules and regulations as shall be deemed necessary as preliminary to hearing and granting applications for perpetual franchises for the purpose of shell-fish cultivation on the lands under the waters of this state, mentioned in section one of this act, suitable for planting and cultivation of shell-fish. After such rules and regulations shall have been agreed upon and formulated, the said commissioners of fisheries shall proceed to grant franchises for the purposes of shell-fish cultivation, as hereinafter provided. But no such franchise shall be granted until one month's notice of the application for a franchise or franchises shall have been given by posting in a conspicuous place, in the office of the shell-fish commissioner, and in the office of the town-clerk of the town nearest to the lands applied for. Id., § 3.

.340 Same, to whom granted; amount limited. No grant shall be made to any person or persons who have not resided in this state at least one year preceding the date of application, and no grant shall be made to any person, firm or corporation in excess of two hundred and fifty acres, and no person, firm or corporation shall be allowed to hold, at any one time, more than two hundred and fifty acres. Id., § 4.

341 Same: to be perpetual; consideration; condition of tenure. When the conditions precedent to the granting of franchises, mentioned in the foregoing sections, have been complied with, the commissioners of fisheries are hereby empowered, in the name and behalf of the people of the state of New York, to grant, by written instruments under their hands and seals, perpetual franchises for the purposes of snell-fish cultivation in the lands applied for under the waters of the state, for the consideration of not less than one dollar per acre, if the lands are unoccupied or unused, and not less than twenty-five cents per acre if the lands are in present use and occupation, and the right to use and occupy said. grounds for said purposes shall be and remain in the said grantee, his legal representatives or successors forever; provided only that the said grantee, his legal representatives or successors shall actually use and occupy the same for the purposes of shell-fish cultivation, and for no other purpose whatever. And the moneys received for the sale of such franchises shall be paid forthwith into the treasury of this state. Id., § 5.

342 Franchise deemed personal property; grounds, how marked out. The franchises thus granted shall be deemed to be personal property, and courts of law and of equity shall have power, authority and jurisdiction to determine and enforce the rights of persons, firms or corporations thereto as though such franchises were actually personal property owned and possessed by such persons, firms or

corporations, and such franchises may be sold, transferred, assigned or conveyed the same as other personal property. Immediately after the receipt of the aforesaid instruments of conveyance, the grantee shall at once cause the grounds therein conveyed to be plainly marked out by stakes, buoys or monuments, which stakes, buoys or monuments shall be continued by said grantee, his legal representatives or successors. L. 1887, c. 584, § 6.

343 Clerk of commissioners; pay; bond. The said commissioners are hereby authorized to appoint and employ a clerk whose compensation shall not exceed fifteen hundred dollars per annum, which compensation and the necessary expenses for carrying out the provisions of this act shall be paid by the treasurer upon the warrant of the comptroller, to the order of the said commissioners, upon vouchers to be approved by the comptroller. The said clerk shall give a bond, to be approved by the comptroller, in the penal sum of five thousand dollars, for the faithful performance of his duties. Id., § 7.

344 Grants of land under water by land commissioners. The provisions of this act shall not be deemed to limit or interfere with the powers of the commissioners of the land office to grant to owners of uplands adjacent to such fisheries any of the lands under the waters of this state, as is now provided by law. But in case any grant shall be made by the commissioners of the land office of any land actually occupied and in use under the provisions of this act for the cultivation of shell-fish, such grant by said commissioners of the land office shall be subject to the right of the occupant to occupy such grounds for two years thereafter for the cultivation and removal of the shell-fish there planted. Id., § 8.

345 Certain lands under water exempted. This act shall not apply to nor be held to affect in any way lands under water owned, controlled or claimed under colonial patents or legislative grants by any town or towns, person or persons, in the counties of Suffolk, Queens, Kings and Richmond; lands under the waters of Gardiner's 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,* lands under water in Jamaica bay, lands in the jurisdiction of the towns of Hempstead and Jamaica or in the county of Westchester. Id., § 9.

346 Appropriation. The sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, payable by the treasurer on the warrant of the comptroller to the order of the said commissioners for carrying out the provisions of this act, upon vouchers to be approved by the comptroller. Id., § 10.

The following are local acts, and only the titles are given.

347 An act to cede lands under water of Gardiner's and Peconic bays, to Suffolk county, Long Island, for the cultivation of shell-fish. L. 1884, c. 385, § 1, am'd L. 1896, c. 916.

348 An act to provide for the planting and protection of oysters in those portions of the Great South bay, lying in the towns of Islip and Babylon, in Suffolk county, wherein the taking of clams cannot be profitably followed as a business. L. 1874, c. 549, as am'd L. 1878, c. 142, § 12.

349 An act to regulate the planting of oysters in the public waters of the town of Hempstead, in the county of Queens. L. 1879, c. 384.

350 Close season in Hudson river. It shall not be lawful for any person, in any way or manner, to take oysters in the Hudson river, north of the county of New York, in the months of May, June, July, or August, in any year. L. 1831, c. 203, § 1.

§ 2 repealed by L. 1886, c. 593, § 1, ¶ 6.

1 Wend. 237.

351

Fines, how disposed of.

One half of the sum which may be recovered under the preceding section of this act, shall be paid to the superintendents of

* Probably refers to L. 1884, c. 385.

the poor of the county in which the offence is committed, for the use of the poor, the other half shall be for the use of the person who may sue for and recover the same. Id., § 3.

The above section is probably rendered obsolete by the repeal of § 2.

352 Taking oysters from Hudson river for replanting in another state. No person shall take any oysters from their beds, in the Hudson river, within the limits aforesaid, for the purpose of conveying them to another state to have them re-planted, under a penalty of two hundred and fifty dollars for each offence, to be sued for and recovered in an action of debt, in the name of the superintendents of the poor of the county in which the offence may be committed, for the use of the poor: Any person who may be prosecuted for a violation of this act may be held to bail. Id., § 4.

The above section is probably repealed by L. 1849, c. 194, § 4, ¶ 13.

353 An act in relation to the planting of shell-fish in the waters of Jamaica bay and creeks adjoining, in the county of Queens. L. 1859, c. 468.

354 An act for the protection of the planting of oysters in the towns of Hempstead and Jamaica, county of Queens, New York. L. 1863, c. 493.

355 An act for the protection of the planting of oysters in the county of Queens, New York. L. 1865, c. 343; act am'd L. 1866, c. 399.

Note.-By L. 1870, c. 93, the above act was extended to the waters of Jamaica and Hempstead bays.

356 An act for the protection of the planting of oysters in the towns of Islip and Huntington, county of Suffolk, New York. L. 1866, c. 306; act am'd L. 1872, c. 666; repealed as to town of Huntington by L. 1880, c. 240.

357 An act for the better protection of the planting of oysters in the waters of Richmond county, and of this state surrounding said county, and to regulate oystering and clamming upon beds of natural growth therein. L. 1866, c. 404. 130 N. Y. 455; 42 N. Y. St. R. 363.

358 An act to regulate and protect the planting of oysters in the public. waters of the towns of Jamaica and Hempstead, in the county of Queens. L. 1871, c. 639.

122 N. Y. 652; 34 N. Y. St. R. 211.

359 An act supplemental to an act entitled "An act to regulate and protect the planting of oysters in the public waters of the towns of Jamaica and Hempstead, in the county of Queens," passed April twentieth, eighteen hundred and seventy-one. L. 1872, c. 667.

360 An act for the protection of the planting of oysters in the towns of Gravesend and Flatlands, Kings county. L. 1868, c. 734.

361 An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said county. L. 1879, c. 251; act am'd L. 1889, c. 9.

Fishways.

362 An act to amend section one of chapter two hundred and fifty-two of the laws of eighteen hundred and eighty, entitled "An act to provide for the construction of fishways in the state dams across the Oswego, Oneida and Seneca rivers." L. 1881, c. 620.

363 An act to reappropriate the moneys appropriated by chapter two hundred and fifty-two of the laws of eighteen hundred and eighty, entitled "An act to provide for the construction of fishways in the state dams across the Oswego, Oneida and Seneca rivers." L. 1883, c. 308.

364 An act to provide for the construction of fishways in the state dams across the Oswego and Seneca rivers. L. 1886, c. 193.

This probably supersedes L. 1884, c. 501.

365 An act to provide for the construction of fish-ways in the dams across "Little Salmon river," in the town of Mexico, Oswego county, New York. 1886, c. 202.

L.

366 An act to provide for the construction of a fish-way in the state dam across the Schoharie river at Fort Hunter, Montgomery county, and the Mohawk river at the aqueduct, Schenectady county. L. 1886, c. 544.

367 An act to provide for the construction of a fish-way in the state dam at Troy. L. 1887, c. 512.

368 By L. 1889, c. 486, fishways were directed to be built over the state dams at Mechanicsville and Northumberland, and by L. 1889, c. 534, over the dam across the Delaware river at Lackawaxen.

369 An act to facilitate the ingress of salmon into Cayuga lake, and for the protection of the same. L. 1862, c. 212.

See also L. 1888, c. 558, as am'd L. 1889, c. 166.

370 An act to provide for a fishway in the Rockbottom dam in the Susquehanna river at the city of Binghamton and making an appropriation therefor. L. 1896, c. 875.

Below are given the titles only of the various local acts passed by the supervisors of the several counties and printed in the session laws. See § 302, ante.

371 An act for the further protection of game in the town of Birdsall, Allegany county, New York. L. 1893, p. 1865.

372 An act for the further protection of game in the towns of Genesee and Clarksville, Allegany county, New York. Passed December 13th, 1893. L. 1894, p. 1957.

373 An act for the further protection of game in the towns of New Hudson and Ward, Allegany county, New York. Passed December 13th, 1893. L. 1894, p. 1958.

374 An act for the further protection of game in the town of Rushford, Allegany county, New York. L. 1893, p. 1866.

375 An act to prohibit fishing or the taking of fish in any manner in the stream of water known as Cool brook, in the town of Wellsville, county of Allegany. L. 1895, p. 2122.

376 An act for the further protection of game in Broome county. L. 1894, p. 1969.

377 An act for the protection of fur bearing animals in the county of Broome. L. 1894, p. 1967.

378 An act for the preservation and protection of fish in Chenango county, passed by the board of supervisors of said county, December 6th, 1892, pursuant to an act of the legislature of the state of New York. L. 1894, p. 1952.

379 An act for the protection of fur bearing animals in the county of Chenango. L. 1894, p. 1949.

380 An act for the preservation and protection of game in Chenango county. L. 1894, p. 1951.

381 An act for the protection of fish in the county of Chenango and state of New York. L. 1895, p. 2124.

382 An act for the preservation and protection of game in Chenango county. L. 1895, p. 2099.

383 An act to prohibit fishing through the ice in Guilford lake and North pond, and spearing and catching in hands in the town of Guilford, Chenango county, N. Y. L. 1894, p. 1953.

384 An act to prohibit fishing in any manner in the creeks known as the inlet and outlet of Genegantslet lake, in the town of McDonough, county of Chenango, N. Y., from the lake dam to Wormouth Tannery, and from the lake northerly to the spring at the head of said inlet. L. 1894, p. 1950.

385 An ordinance for the additional protection to and further restrictions for the protection of birds, wild animals, game and fish, within the county of Columbia, in the state of New York. L. 1893, p. 1873.

386 An ordinance for the additional protection to and further restrictions for the protection of birds, wild animals, game and fish, within the county of Columbia, in the state of New York. L. 1895, p. 2130.

387 An ordinance for the additional protection of and further restrictions for the protection of birds, animals, game and fish, within the county of Dutchess, in the state of New York. L. 1893, p. 1877.

388 An act for the protection and preservation of the animal called the beaver within the county of Franklin. L. 1895, p. 2101.

389 An act for the protection and preservation of trout in Trout river and Little Trout river and the tributaries to each of them within the towns of Constable, Malone and Burke, in pursuance of section 12 of chapter 686 of the laws of 1892. L. 1894, p. 1976.

390 An act for the protection of woodcock and ruffed grouse, commonly known as partridge, and Mongolian and Hybrid-Mongolian and English pheasants. L. 1895, p. 2097.

391 An act for the protection of woodcock and ruffed grouse, commonly known as partridge, and Mongolian and Hybrid-Mongolian and English pheasants. L. 1895, p. 2115.

392 An act for the protection of fish in the creeks known as the Bridenbecker creek, the Budlong creek and the Moyer creek, and tributaries, in the towns of Frankfort and Litchfield, county of Herkimer and state of New York. L. 1893, p. 1856.

393 An act for the protection of fish in the creeks known as the Bridenbecker creek; the Budlong creek, and the Moyer creek and tributaries, in the towns of Frankfort and Litchfield, county of Herkimer and state of New York. L. 1895, p. 2112.

394 An act to afford additional protection to, and further restrictions for the protection of partridge, woodcock, rabbits and hares and to prohibit the taking and killing the same within Herkimer county. L. 1895, p. 2098.

395 An ordinance for the protection of fish in the Budlong, Corners, Wood, Kane, Sterling, Birches, Pratt and Bridenbecker creeks in the town of Schuyler, Herkimer county, and for the additional protection of rabbits, hares, woodcock. partridges or ruffled grouse, black and grey squirrel within the said county of Herkimer, in the state of New York. L. 1895, p. 2110.

396 A resolution for the preservation of hares, rabbits, fish, partridges, birds and other game, in the county of Lewis. L. 1895, p. 2105.

397 Resolution regulating hunting and fishing in Livingston county by nonresidents thereof. L. 1894, p. 1966.

398 Resolution prohibiting for two years from December 1, 1893, the killing of Mongolian ring-necked pheasants. L. 1894, p. 1966.

399 An act for the protection of black and Oswego bass in the Erieville reservoir, in Madison county. L. 1893, p. 1858.

400 An act for the protection and preservation of game in Madison county. L. 1893, p. 1860.

401 An act for the protection of trout in the town of Hamilton, in Madison county. L. 1893, p. 1861.

402 An act for the protection of trout in the county of Madison. L. 1893, p. 1862.

403 An act for the protection of fish, in the De Ruyter reservoir in Madison county. L. 1893, p. 1859.