No seines, nots, &c. to be used in ters. way of insurance or loan, or any other business which marine insurance companies, incorporated by the laws of this state may or do transact, by virtue of their respective acts of incorporation, $ 2. This act shall be in force and take effect from and after the first day of January, one thousand eight hundred and thirty. Acts relating to Fisheries. An act relative to the fishery in certain waters. Passed April 5, 1813. Sess. 36, Chap. 62.1 $1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for certain wa- any person to draw any seine, set any net, make any wier or other obstructions in the following rivers, running into Lake Ontario, viz: The big Salmon river or creek, or within one hundred rods from the mouth thereof, Oswego river, Grass river, Racket river, St. Regis river, Wood creek, Fish creek, and the different branches which empty into the said streams, whereby the salmon may be diverted or prevented from pursuing their usual course up the said rivers, creeks or streams; and every person offending herein, shall, for every such of fence, forfeit twenty-five dollars, besides the salmon he may take by such seine, net, wier or other obstruction, to be recovered with costs of suit by action of debt, in any court having cognizance thereof; the one half of which forfeitures, when recovered, shall be paid to the prosecutor, and the other half to the overseers of the highways of the town where such recovery shall be had, to be applied to the repairing of the roads in such town. No dams to be made so as to obstruct $2. And be it further enacted, That it shall not be lawful for any person to make any dam across any part of the said rivers or salmon, &c. creeks below where salmon are found, so as to prevent the usual in said wa ters. Penalty. Owners of liable for not ed, & the same by a certain day past. course of the salmon from going up the said rivers or creeks: and every person so offending shall, for every such offence, forfeit five hundred dollars, to be recovered as aforesaid, for the uses aforesaid, and such dam shall be adjudged a public nuisance. S3. And be it further enacted, That the owner or owners of certain dama mill or other dams, which were on the twenty-eighth day of March, having alter- one thousand eight hundred, made across any river or creek running into Lake Ontario, Erie or Champlain, so as to obstruct the usual course of the salmon in going up said rivers or creeks, and who shall not, on or before the first day of October, in the year eighteen hundred and one, have so altered such dam, by making a slope thereto, not exceeding forty-five degrees, and planking in such smooth manner that salmon may easily pass over into the waters above the dam, or by removing the obstructions of such dam in any other manner, so that salmon may freely pass into the waters above such dam, shall respectively forfeit a penalty of two hundred dollars, to be recovered and applied as aforesaid; and in case such dam shall not have been so altered within the time, above mentioned, such dam shall be ad Penalty. (1) 2 R. L. p. 238. K. & R. v. 1, 422; W. v. 3, 369, 480; Ib. v. 5, 110, 184, 189, 252. The like as other dams, judged a public nuisance: And further, That the owner or owners of any mill or other dams, which shall have been erected across Os- to certain wego river, Grass river, Racket river, St. Regis river, Wood creek, g Fish creek, or the branches which empty into the same, or either of them, before the first day of October, one thousand eight hundred and four, and which shall not have been removed by that day, shall alter the same in the manner herein before directed, under the penalties herein before mentioned in this section. the Seneca able. 4. And be it further enacted, That if any person shall make Certain ob any obstruction in the Seneca river, whereby the salmon may be tructions in prevented from going up the said river, the person creating such ob- river punishstruction shall for every offence forfeit the sum of one hundred dollars, to be recovered with costs in an action of debt, by any person who shall sue for the same, in any court having cognizance thereof: And further, That all obstructions which have heretofore been made Former obin the said river, whereby salmon are prevented from going up the structions to said river, shall be removed, so as to leave a free passage for salmon up the said river, in default whereof, the person who shall have made such obstruction shall forfeit the sum of one hundred dollars, to be recovered with costs in manner aforesaid. be removed. sego lake at hibited. 55. And be it further enacted, That it shall not be lawful for Fishing with any person to fish with a net or seine in the waters of Otsego lake, nets in the Otbetween the twenty-fifth day of May and the first day of October in periods proany year, and every person offending therein shall for every such offence forfeit and pay ten dollars, to be recovered by action of debt, with costs, before any justice of the peace, by and for the use of any person prosecuting for the same. or wood bited. 36. And be it further enacted, That it shall not be lawful for Fishing for any person to take any salmon in any of the waters of Fish creek or salmon in fish Wood creek, in the county of Oneida, by net, hook, spear, or any other creeks prohidevice whatsoever, in the months of October or November in any year, and every person herein offending shall, for every salmon so taken, forfeit the sum of three dollars, to be recovered with costs of Penalty. suit, by action of debt, in any court having cognizance thereof, by any person who will prosecute for the same, the one half of which forfeiture, when recovered, shall be for the use of the person who shall prosecute therefor, and the other half shall be paid to the overseers of the poor of the town in which such recovery shall be had, for the support of the poor of said town: Provided, That nothing herein contained Proviso. shall abridge the right of the Oneida nation of Indians of taking salmon in the waters of the said creeks with spears, or with hooks and lines. net, &c. in Claverack, $7. And be it further enacted, That no person shall take or Trout not to catch, or cause or procure to be taken or caught, in any river, stream, be taken by kill, creek, brook or pond, within the towns of Hillsdale and Claver- Hidale, ack, in the county of Columbia, and in the streams or creeks within or Albany the county of Albany, any of the species of fish called trout, with or county. by means of any net, wier, spear, harpoon or decoy of any kind, or in any manner whatever, other than with the hook and line, or by some manner of angling therewith; and if any person shall take and catch, or cause or procure to be taken and caught, any trout, against the true intent and meaning of this section, such person shall forfeit for Penalty. Fish in Lake spears, &c. Penalty. every trout so by him taken and caught, or so by him caused and procured to be taken and caught, the sum of one dollar, to be recovered with costs of suit in any court having cognizance thereof, in an action of debt, by any person who shall prosecute for the same. $8. And be it further enacted, That it shall not be lawful for not to be ta- any person to draw any seine, set any net, or spear any fish, within ken by seines, the waters of Lake George, or at the outlet of the creeks emptying into the same; and every person offending therein shall for every such offence forfeit the sum of ten dollars, to be recovered with costs in any court having cognizance thereof, in an action of debt, the one half of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town where such offence was committed, for the use of the poor thereof, and the other half to the person prosecuting for the same. Not to be ta ken or obstructed in at certain periods. $9. And be it further enacted, That if any person shall, in the months of April or May in any year hereafter, either by night or by Croton river, day, set or place, or cause to be set or placed, any fike, wier, stake or shingles, or any other device whatever, in or across Croton river, in any place or places between the extreme of said river where it empties into Croton bay, and the place where the Croton turnpike road now crosses the said river in the town of Somers, for the purpose of obstructing the run of fish in said river, such person shall for every such offence forfeit and pay the sum of twenty-five dollars, to be recovered by action of debt, with costs of suit, by and for the use of any person who will prosecute for the same, before any justice of the peace in and for said county; and the person so offending shall moreover be deemed guilty of a misdemeanor, and be prosecuted accordingly by indictment or otherwise. Penalty. Shad fishery in Croton river regulated. Penalty. Oyster beds on Staten Penalty. round said island declared free. $10. And be it further enacted, That the only time of fishing for shad in said river, within the limits aforesaid, in the months of April and May in any year, shall be between sun rising and sun setting, and not otherwise, on penalty of twenty-five dollars, for every offence against the provisions of this section, and to be recovered and applied in the manner mentioned in the preceding section. $ 11. And be it further enacted, That it shall not be lawful for Island not to any person to stake off any oyster-bed on the west or south side of staked off. Staten-Island, or to prevent or interrupt any person from taking or carrying off oysters from any such bed lying to the west or south of said island, under the penalty of twenty dollars for every such offence, to be recovered, with costs of suit, by any person suing for the same, Certaid land before any justice of the peace: And further, The free use of the land belonging to the people of this state, below high water mark on the said island, and of the waters surrounding the said island, shall be and the same is hereby permitted to any citizen of this state, until the sense of the legislature shall be otherwise declared: Provided, That nothing herein contained shall be deemed to authorise any impediments or obstructions to the free navigation of the said waters as now used: And provided further, That this section shall not apply to the land and water of the state at the quarantine ground, or be deemed in any respect to interfere with the laws and regulations respecting quarantine, or the duties and powers of the health-officer. Proviso. Further pro viso. obstructing $12. And be it further enacted, That if any person shall impede, Penalty for interrupt or molest, any citizen of this state while in the enjoyment the free use o of the free use of the land and waters aforesaid, the person so offend- said land. ing shall be deemed guilty of a misdemeanor, and shall be fined by any court having cognizance thereof, in a sum not exceeding fifty dollars, or be imprisoned for a time not exceeding thirty days: and offences all offences against the provision of this section shall be deemed and where and adjudged to be committed within the body of the county of Richmond, and shall be cognizable in any court of oyer and terminer or general sessions of the peace held in and for said county. how triable. suckers not to sen's kill, or creek, during riods. $13. And be it further enacted, That it shall not be lawful for Trout and any person or persons to take or catch, or cause or procure to be ta- be taken in ken or caught, any of the species of fish called trout or suckers, by Reoloff Janmeans of any seine, schoops or set-net, in the creek commonly called Ancram Roeloff Jansen's kill, or Ancram creek, in the county of Columbia, at certain pe any time between the first days of April and December in each and every year after the passing of this act; and every person offending therein shall for every such offence forfeit the sum of five dollars, to Penalty. be recovered in an action of debt in any court having cognizance thereof, with costs of suit, which forfeiture, when recovered, shall be paid to the overseers of the poor of the town where such offence was committed, for the use of the poor thereof, Whiting's outlet for $ 14. And be it further enacted, That from and after the first day Pike not to of June next, no person shall take or catch, or cause or procure to be be taken in caught, in the pond called Whiting's pond, in the town of Canaan, or pond or in its in the outlet thereof, any fish of the species of fish called pike or three years. pickerel, within three years from the passing of this act; and every person offending therein, shall, for every such offence, forfeit the sum of ten dollars, to be recovered by any person who will sue for the Penalty. same, by an action of debt, before any court having cognizance thereof. An act declaring certain waters to be public highways; allowing Passed any creek $7. And be it further enacted, That it shall not be lawful for No nets, &c. any person or persons to draw a seine or use a net within any of the to be used in said creeks emptying into Lake Ontario, within the counties of Nia- emptying into gara and Genesee, or in Lake Ontario within ten chains of the mouths of Lake Onof any of said creeks, within the counties aforesaid. certain parts tario. $8. And be it further enacted, That if any person or persons Penalty. shall draw a seine or seines, or use a net or nets within any of the creeks emptying into Lake Ontario, within the counties of Niagara and Genesee, or shall use a seine or net in Lake Ontario, within ten chains of the mouth of any of said creeks, within the counties aforesaid, such person or persons shall forfeit and pay the sum of twentyfive dollars for every such offence, to be recovered, with costs of suit, before any justice of the peace in the counties of Niagara or Gene-vered and see, the one half to be paid to the person who shall prosecute for the same, and the other half to be paid to the overseers of the poor of the How reco applied. No seines to be used in lake or its wators. town where such prosecution shall be had, for the use of the poor of said town. $ 10. And be it further enacted, That it shall not be lawful for Chautauque; any person or persons to draw a seine in the Chautauque lake, or its waters, at any time; and that if any person or persons shall draw a seine in the said Chautauque lake, or its waters, such person or persons shall forfeit and pay for every such offence, the sum of twentyfive dollars, to be recovered, with costs of suit, before any justice of the peace in said county of Chautauque, the one half to be paid to the person who shall prosecute for the same, and the other half to the overseers of the poor of the town where such prosecution is had. Prohibition of An act for the preservation of the fishery in certain waters there- An act to amend an act, entitled "An act for the preservation of the fishery in certain waters therein mentioned," passed April 5, 1813. Passed March 25, 1814. Chap. 64, p. 64. $1. Be it enacted by the People of the State of New-York, reformer act. presented in Senate and Assembly, That nothing contained in the above recited act, shall be so construed as to prevent any person or persons from fishing with seines in any of the waters or creeks therein mentioned, except in and during the months of October and November in each year, the usual time of the salmon fishery, or so as to prevent any person or persons from fishing with seines round the usual mouths or outlets of any of said creeks, at any time when they shall be so closed or breached up as to prevent salmon from running up said creeks. Certain fishe An act for the preservation of fish in certain waters in the towns of Madison and Eaton, in the county of Madison. Passed April 15, 1814. Chap. 146, p. 146. $1. Be it enacted by the People of the State of New-York, ty regulated. represented in Senate and Assembly, That it shall not be lawful for any person or persons to fish with nets or seines in the lake or pond (1) 2 R. L. p. 544. |