Section 2. All laws or parts of laws inconsistent Repeal. herewith are hereby repealed. APPROVED--The 4th day of April, A. D. 1907. EDWIN S. STUART. No. 47. AN ACT To amend section eleven of the act, entitled "An act to regulate the publication, binding, and distribution of the public documents of this Commonwealth," increasing the number of Reports of the Commissioners of Soldiers' Orphans' Schools. Section 1. Be it enacted, &c., That the eleventh sec- Public documents. tion of the act, entitled "To regulate the publication, binding, and distribution of the public documents of this Commonwealth," approved the seventeenth day of April, Anno Domini one thousand nine hundred and five, which reads as follows: "Section 11. Be it enacted, &c., That one thousand two hundred copies of the report of the Commissioners of Soldiers' Orphans Schools: two hundred for the Commission of Soldiers' Orphans Schools, fifty for the Governor, fifty for the Secretary of the Commonwealth, and three hundred for the State Librarian," be and the same is hereby amended so as to read as follows: Section 11, act of April 17, 1905, cited for amend ment. Schools. Section 11. Be it enacted, &c., That two thousand Soldiers' Orphans' copies of the report of the Commissioners of Soldiers' Orphans Schools: two hundred for the Senate, four hundred for the House one thousand for the Commission of Soldiers' Orphans Schools, fifty for the Governor, fifty for the Secretary of the Commonwealth, and three hundred for the State Librarian. APPROVED The 4th day of April, A. D. 1907. EDWIN S. STUART. No. 43. AN ACT Repealing an act, approved the second day of March, one thousand eight hundred and fifty-four, entitled "An act concerning roads and highways in the county of Crawford." Act of March 2, Section 1. Be it enacted, &c., That an act approved Crawford county the second day of March, one thousand eight hundred 1854. and fifty-four, entitled "An act concerning roads and highways in the county of Crawford," be and the Repeal. same is hereby repealed. APPROVED-The 4th day of April, A. D. 1907. EDWIN S. STUART. 4 Laws. No. 49. AN ACT To classify the species of fish in such parts of boundary lakes, of more than five thousand acres, as this Commonwealth has jurisdiction over, and in the waters of any peninsula or in any bay adjacent to or connected with such lakes; to declare which fish are game fish, which fish are food fish, and which are minnows or bait fish; to protect and provide for the maintenance and increase of fish in such lakes; to regulate and provide for the payment of license fees for the catching of fish from such boundary lakes, and prohibit the unauthorized taking of fish from devices used by authority of such license; to provide penalties and punishments for the violation of any of the provisions of this act; and requiring the county wherein an offense is charged to pay costs of prosecution in certain instances; and repealing all acts inconsistent herewith. Section 1. Be it enacted, &c., That in such part or parts of lakes of more than five thousand acres, lying between this and any other State or foreign country, as this Commonwealth has jurisdiction over, and in any water on any peninsula or in any bay adjacent to or connected with such lake, the following named species of fish are hereby made specifically within the provisions of this act, to wit: All species or varieties of black or yellow bass, rock bass, calico bass or strawberry bass, crappie, muscallonge, and grass pike, which for the purpose of this act are hereby classified and hereinafter designated as game fish; and minnows and killifish, which shall hereinafter be designated as minnows or bait fish; and all other species of fish shall be called food fish. Section 2. That it shall be unlawful to fish for or capture any game fish in any waters, within the jurisdiction of this Commonwealth, described in the first section of this act, in any manner or with any device or appliance, or by any means whatsoever, except a rod and line having not more than three hooks, or with a hand-line having not more than three hooks, or a spear used for catching carp and suckers only, or with a trolling-line with spoon hooks attached; or, for food fish, with any device not specifically permitted in this act. Any person violating any provision of this section shall, on conviction thereof, be subject to a penalty of twenty-five dollars, or, in default of payment, undergo imprisonment in the county jail for the period of one day for each dollar of fine unpaid except where otherwise provided; and any device, appliances or boats used in violating any of the provisions of this section shall be forfeited to the Department of Fisheries. Section 3. That it shall be unlawful to fish for any kind of fish, in any bay or in any waters on any peninsula described in the first section of this act, with nets or devices, or means of any kind, except a rod and line having not more than three hooks, or with a hand-line having not more than three hooks attached, or with a trolling-line with spoon-hooks attached, at any time in the year: Provided, That nothing in this section shall be so construed as to prohibit the use of minnow-nets for angling or scientific purposes, or to prohibit the Department of Fisheries from catching fish, at any time of the year, with nets, for the purpose of stocking other waters, or for taking spawn, or from removing, by means of nets, by contract or otherwise, any fish which it may deem injurious to other game or food fishes. Any person violating any of the provisions of this section shall, on conviction, be subject to a penalty of twenty-five dollars, or, in default of payment, be imprisoned in the county jail for a period of thirty days; and all nets, devices, appliances or boats used in violating any of the provisions of this section shall be forfeited to the Department of Fisheries. Proviso. Scientific pur poses. Fine and penalty. Forfeiture. Length of fish legally caught. which may be Fine and penalty. Section 4. That it shall be unlawful to catch and kill in any waters, within the jurisdiction of this Commonwealth, described in the first section of this act, or have in possession, either alive or dead, any rock bass, crappie, strawberry or calico bass, less than five inches in length; or any species of black or yellow bass, or any grass pike, less than nine inches in length; or any muscallonge less than fifteen inches in length. Any person violating any of the provisions of this section shall, on conviction, be subject to a penalty of five dollars for each and every fish so unlawfully caught, killed or had in possession; or, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid. Section 5. That it shall be unlawful for any person, persons, partnership or corporation to place, or allow lake, bay, etc. to pass into or upon any part of any lake described in this act, any dead fish, fish offal, contents of tannery vats, coal-tar, gas-tar, sawdust, or planing-mill shavings. Any person violating, or any member of a partnership or officer of a corporation that consents to or permits the violation of, any of the provisions of this section shall, on conviction, be subject to a penalty of one hundred dollars, or, in default of payment, be imprisoned in the county jail for a period of three months. Section 6. That it shall be unlawful to fish in any waters described in the first section of this act, and over which this Commonwealth has jurisdiction, with Contamination of Fine and penalty. dynamite, nitroglycerine, torpedoes, electricity, quick- Explosives or lime, or with any kind of explosives or poisonous sub- poisons. stances, or to place such substances in any waters except for engineering purposes, when written permission has been given therefor by the proper National, State, city or county official or officials. Any person violating any of the provisions of this section Fine and penalty. shall, on conviction, be subject to a fine of one hundred dollars, or imprisonment of six months in the county jail. Prima facie evidence of viola tion. Use of fish as compost, etc. Section 7. That in all cases of arrest made for the violation of any of the sections of this act, the possession of the fishes prohibited by such section, or the possession of a net, nets or other device, at or near a place where the use of such net, nets or other device is prohibited by such section, shall be prima facie evidence of the violation of such section or sections. Section 8. Any person or persons catching or selling game or food fish, or minor food fish, from the waters of any part of any lake described in the first section of this act, for the purpose of making compost or other fertilizing mixture, or who makes use of fish for such purposes without the consent, in writing, of the Department of Fisheries, shall, on conviction, Fine and penalty. be subject to a penalty of one hundred dollars, or an imprisonment of three months in the county jail, or both, at the discretion of the magistrate or court before whom conviction was had. Distances. Limit. Section 9. That no net of any description shall be set, fastened, drawn or used within two miles of the entrance of any bay described in the first section of this act; nor shall any gill-net be set within threequarters of a mile of any other portion of the shore of the part of any lake over which this Commonwealth has jurisdiction, described in the first section. of this act; nor shall any other net or nets, other than gill-nets and nets fastened to and supported by poles driven in the grouad, be set, fastened, drawn or used within seventeen miles from such entrance to any bay described in the first section of this act, measured in a direct line. Any person violating any of the Fine and penalty. provisions of this section shall, on conviction, be subject to a penalty of one hundred dollars, or, in default of payment, be imprisoned in the county jail for a period of three months. Sturgeon. Lengths. Section 10. That it shall be unlawful for any person or persons, company or corporation, operating nets or devices, of whatever description or character, in the waters of any part of any lake described in this act, to capture and kill any sturgeon under three feet in length, or to have in possession the carcasses or flesh of any sturgeon of less than three feet in length. Any sturgeon of less than three feet in length, which may be captured, must be returned forthwith to the waters, with care and the least possible injury. Any person or persons violating, or any member of a partnership or officer of a corporation that consents to or permits the violation of, any of the provisions of this Fine and penalty. section shall, on conviction, be subject to a penalty of twenty-five dollars for each sturgeon illegally captured, killed or had in possession; or, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid. Section 11. That it shall be unlawful for one person to catch or kill more than ten black or yellow bass in any one day. Any person violating the pro- Bass. visions of this section shall, on conviction, be subject to a fine of ten dollars for each fish so captured and killed, over and above the amount herein named; or, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid. Fine and penalty. Section 12. That it shall be unlawful to fish in any part of the waters described in this act, over which this Commonwealth has jurisdiction, with any gill-net Gill-nets. having a mesh of less than three inches, stretched mesh, factory measure; and all gill-nets used in fishing for trout shall have meshes at least five and one-half (5) inches in size, stretched mesh, factory measure; or with any pound-net, with the net at the back side of Pound-nets. the crib having a mesh of less than two and one-eighth (2 1-8) inches, stretched mesh, factory measure, and the net of the balance of the crib having a mesh of Meshes. less than two and one-half (21) inches, stretched mesh, factory measure: Provided, That until January first, Proviso. Anno Domini one thousand nine hundred and eight, the net of the entire crib may have a mesh of not less than two and one-eighth (2 1-8) inches, stretched mesh, factory measure. Any person or persons fishing, at any time of the year, with gill-nets or pound-nets having meshes of less size than those herein described, shall, on conviction, be subject to a fine of one hun- Fine and penalty dred ($100) dollars; or, in default of payment, each person convicted shall be confined in the county jail for a period of three months; and all boats, nets and other appliances used, together with any fish caught, shall be forfeited to the Department of Fisheries. Boats, nets and Section 13. That it shall be unlawful for any person, persons, company or corporation, to operate for the purpose of catching fish, any boat, boats, net, nets, devices. or any device whatsoever, except a rod and line having not more than three hooks, or a hand-line having not more than three hooks, or a spear, used for catching carp and suckers only, or with a trolling-line with spoon-hooks attached, or with set-line with hooks attached, in any part of any lakes described in this act. over which this Commonwealth has jurisdiction, without having first paid into the hands of the Department of Fisheries the following amounts as license fees, to License fees. wit: For each row or sail-boat, used in fishing with gill-nets, five dollars; for each boat of any other kind under ten tons gross burden, so used, ten dollars; for each boat of any kind of from ten to twenty tons gross burden, so used, fifteen dollars; for each boat of any kind over twenty tons gross burden, so used, twenty |