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Unlawful taking of fish from 11censed device.
dollars; for each pound-net, ten dollars; for each fykenet, one dollar; for any other form of net or device, not less than one dollar or more than five dollars, as the Department of Fisheries may determine; and in addition to the license fees above set forth, the operators of each boat, so licensed, shall permit a man designated by the Commissioner of Fisheries to accompany such boat at any time when it is engaged in fishing, under and by virtue of such license, for the purpose of securing for the Department of Fisheries from the fish so caught so much of their spawn as said Department may desire to secure; and any person operating or employing others to operate, or any member of a partnership or officer of a corporation that employs or consents to the employment of any per. son to operate any boat, net, nets, device or devices, without having procured from the Department of Fisheries a license, as provided in this section, author
izing him, them or it so to do, shall, on conviction, be Fine and penalty. subject to a penalty of twenty-five dollars, or, in de.
fault of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid; and all nets, devices and boats, and appliances used in operation of said nets or devices, shall be forfeited to the Department of Fisheries.
Section 14. That it shall be unlawful for any person or persons, save the owner or owners thereof, or their lawful representatives, to remove or take fish from any device which has been duly licensed, and operated according to the provisions of this act. Any person or persons violating any of the provisions of this section shall, on conviction thereof, be subject to
a fine of ten dollars for each fish so unlawfully taken, Fine and penalty. provided the total amount of fine shall not exceed one
hundred dollars for taking at any one time, and, in default of payment, be imprisoned in the county jail for a period of one day for each dollar of fine unpaid; and any fish recovered shall be returned to the owner or owners of the net or device from which they were taken, and all boats and appliances used in taking the fish unlawfully shall be forfeited to the Department of Fisheries.
Section 15. That whenever any person, persons, company, or corporation shall apply to the Department of Fisheries for a license to operate any boat, boats, net or nets, or other device, in any waters in which they may be used legally under the provisions of this act, the Department of Fisheries shall, upon receiving the fees provided in the thirteenth section
of this act, issue such license, duly signed by the ComTerm of.
missioner of Fisheries, which license shall hold good from the time it is issued until the close of the calendar year in which it is issued, and shall be carried by the operator or operators of said boat, boats, net,
Issue of license.
nets, device or devices, while they are being used. Provided, That no license shall be issued to a resi. Proviso. dent of any State or county, whose laws prohibit the issuing of a license to a resident of the Commonwealth of Pennsylvania. Said license must be shown on demand by any fish warden, constable, deputy shown on demand sheriff, Fish Commissioner, or any authorized representative of the Department of Fisheries. Any person having such license in his possession, and refusing to show it on demand, shall be subject to a pen- Fine and penalty. alty of five dollars, or be imprisoned in the county jail for a period of one day for each dollar of fine unpaid.
Section 16. That all moneys collected as license Disposition of 11fees and fines, under the provisions of this act, shall fermese fees and be paid, as received, into the State Treasury, for the use of the Commonwealth, accompanied by an itemized statement thereof, a copy of which shall be filed in the office of the Auditor General; and a duplicate thereof, when receipted by the Auditor General and the State Treasurer, shall constitute a settlement Settlements. between the Commissioner of Fisheries and the Auditor General and State Treasurer as to the aforesaid license fees and fines.
Section 17. That from and after the passage of this act, any Fish Commissioner, fish-warden, deputywarden, sheriff, deputy sheriff, constable, or any spe. cial officer, or any peace officer in this Commonwealth, is hereby authorized and commanded to forth with seize any net, nets, or device whatsoever, that may Seizures. be used in violation of any provision of this act, and turn the same over to the Department of Fisheries; and they are hereby authorized and commanded to forth with apprehend and arrest any person or per. Arrests. sons who may be guilty of violating any of the provisions of this act, and take him or them before any justice of the peace, magistrate, or other legally constituted authority, and thereupon make charge of such violation of the law, or any of the provisions thereof; and the magistrate shall forthwith hear and determine the charge as provided in this act. And in case any Fish Commissioner, fish-warden, or any other officer named above, fails to prove his case, and the defendant or defendants are discharged, or, in case the defendant or defendants are convicted, and are sent to jail in lieu of the payment of fine or fines, penalty or penalties, the county in which the case is When county shali heard shall pay the costs. Such arrests may be also made on Sunday, in which case the person or persons shall be taken before the proper officer, and proceede against on a week day following the arrest.
Section 18. That from and after the passage of this act, any justice of the peace, alderman or magistrate, upon information or complaint being made before him by the affidavit of one or more persons,
charging any person with having violated any of the provisions of this act, is hereby required and authorized to issue his warrant, under his hand and seal, directed to any constable, police officer, or warden, requiring such person or persons to be arrested and brought before such justice of the peace, alderman, or magistrate, who shall hear and determine the guilt or innocence of the person or persons so charged; and, if convicted, such justice of the peace, alderman, or magistrate shall sentence the person or persons, so
convicted, severally to pay the fine or fines, penalty Fine and penalty. or penalties, provided in this act for such violation or
violations, together with the costs of suit; and such fines or penalties shall be appropriated as provided in section seventeen of this act.
Section 19. That the following act and parts of Repeals.
acts, intended to be supplied by this act, be and the same are hereby repealed :
"An act to classify the species of fish in such parts of boundary lakes, of more than five thousand acres, as this Commonwealth has juridiction 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 to provide penalties and punishments for any violation of any of the provisions of this act, and to repeal all acts inconsistent herewith," approved the twenty-second day of April, Anno Domini one thousand nine hundred and five.
And, in addition to the above, all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ATPROVED— The 4th day of April, A. D. 1907.
EDWIN S. STUART.
To amend the sixth section of an act, approved June third, one
thousand eight hundred and ninety-five, entitled "An act authorizing the Commonwealth of Pennsylvania to rebuild county bridges over navigable rivers, and other streams, which have been declared public highways by act of Assembly, where such bridges have been destroyed by flood, fire, or other casualty; providing for the appointment of viewers and inspectors, and the payment of the cost of rebuilding such bridges,' so as to permit of partial payments to contractors as the work of rebuilding progresses.
Section 1. Be it enacted, &c., That the sixth section of an act, approved June third, one thonsand eight hundred and ninety-five, entitled “An act authorizing
the Commonwealth of Pennsylvania to rebuild county bridges over navigable rivers, and other streams, which have been declared public highways by act of Assembly, where such bridges have been destroyed by food, fire, or other casualty; providing for the appointment of viewers and inspectors, and the payment of the cost of rebuilding such bridges," which reads as follows, namely:
"Section 6. If, by the report of the inspectors, it Section of act appears that said bridge has been built in conformity cited for amendwith the terms of the contract and specifications, and such report is approved by the court, then it shall become the duty of the Auditor General to draw a proper warrant upon the State Treasurer for the contract price of said bridge, payable out of any moneys in the treasury not otherwise appropriated, and in the erent that by the report of said inspectors it is made to appear that a deduction should be made from the contract price as hereinbefore mentioned, and such report is acquiesced in by the contractor, or the amount thereof is finally determined by the said court in the manner hereinbefore provided, it shall be the duty of the Auditor General, in like manner, to draw a proper warrant for such sum upon the State Treasurer, payable out of any moneys in the treasury not otherwise appropriated, in full satisfaction of the claims of the contractor," be and the same is hereby amended so that the said section shall read as follows; to wit,
Section 6. Partial payments on contracts, heretofore Partial payments or hereafter entered into, shall be made, from time to time, to the contractor as the work progresses, based upon estimates made by the superintendent of construction, setting forth the relative value of work done, and w him approved at the time of estimate, as compared with the total contract price; all such estimates, howprer. to be approved by a majority of the Board of Pub- Approval of lic Grounds and Buildings before payment; but at no time before the completion of the work, and final approral thereof by the court, shall any payment or payments be made in excess of cighty per centum of the esimated ralue of work done, and approved by the superintendent of construction, in manner aforesaid. If, by the report of the inspectors, it appears that said bridge Report of the has been built in conformity with the terms of the contract and specifications, and such report is approved by the court, payment shall be made of all the contract price not previously paid. Upon approval of any estimate by the Board of Public Grounds and Buildings, or upon approral by the court of the report of the inspectors, finding that the bridge has been built in conformity with the terms of the contract and specifications, as the case may be, it shall become the duty of the Auditor Duty of Auditor General to draw a proper warrant upon the State
Treasurer, in accordance with the foregoing, payable out
EDWIN S. STUART.
Creating, in counties having a population from three hundred
thousand to one million, a Board to fix and determine the number and compensation of employes in all county offices, boards, bureaus, departments, and divisions thereof; prescribing the powers and duties of said board, and regulating appeals from the decision thereof.
Board to fix number and compen sation of county employes.
Section 1. Be it enacted, &c., That the county controller and the county commissioners in all counties of this Commonwealth, having a population of not less than three hundred thousand nor more than one mil. lion, according to the last preceding United States census, be and they are hereby constituted a Board, in their respective counties, whose duty it shall be to fix and determine, in manner herein provided, the number and compensation of the employes of any and all county offices, boards, bureaus, departments, and divisions thereof, whether elected by the people or appointed according to law: Provided, however, The number of said employes and the salaries to be paid them have not otherwise been specifically determined by act of Assembly.
Section 2. The said Board shall meet, from time to time, when required by any county officer, president, or other executive head of any separate board or division, whatsoever, the number or compensation of whose emploves is sought to be fixed and determined; and shall forthwith consider and fix and de. termine the same, in manner as they may deem best for the public service; and such county officer, president, or executive head shall sit as a member of said Board, and be entitled to vote so long as the matter