in a private park within the state during the open season for deer. Possession thereof during such open season shall be presumptive evidence that it was unlawfully taken by the possessor.

§ 12. Black and gray squirrels. The close season for black and gray squirrels shall be from December sixteenth to August thirty-first, both inclusive.

§ 13. Hares and rabbits.-The close season for hares and rabbits shall be, in the counties of Livingston, Wyoming, Erie, Sullivan, Oneida, Orange, Schoharie, Montgomery, Fulton, Hamilton, Albany, Greene, Ulster and Columbia, from December sixteenth to September first, both inclusive. Hares and rabbits shall not be hunted with ferrets in any county where there is a close season. Nothing in this section shall prevent the owner of inclosed or occupied farm lands from taking hares and rabbits on his own premises at any time to prevent their injur ing his property.

§ 14. Beaver. There shall be no open season for beaver.

§ 15. Mink, skunk, muskrat and foxes.-The close season for mink, skunk and muskrat in the counties of Cattaraugus, Oneida, Madison, Otsego, Wayne, Cayuga, Livingston, Jefferson, Chemung, Chenango and Wyoming shall be from May first to October thirty-first, both inclusive. Muskrat houses shall not be injured or destroyed at any time. The close season for foxes in said counties, except Cayuga, shall be from May first to September thirtieth, both inclusive. The provisions of this section do not apply to the acts of an owner or possessor of lands thereon, or to the territory of a city or incorporated village.

§ 16. Penalties.-A person who violates any provision of this article is guilty of a misdemeanor, and in addition thereto, is liable as follows: For each violation of sections one to eleven, both inclusive, to a penalty of one hundred dollars, and for each deer, wild moose, elk, caribou, antelope or part of any such animal taken or possessed in violation of any provision of any of said sections, an additional penalty of one hundred dollars; for each violation of section twelve, to a penalty of twentyfive dollars, and for each squirrel or part thereof taken or possessed in violation of said section, an additional penalty of ten dollars; for each violation of section thirteen, a penalty of twenty-five dollars, and for each rabbit taken or possessed in violation of such section, an additional penalty of ten dollars;

for each beaver taken in violation of section fourteen to a penalty of fifty dollars, and for each violation of section fifteen, to a penalty of twenty-five dollars.

ARTICLE II.

BIRDS.

Section 20. Wild fowl; close season.

21. Manner of killing.

22. Quail; close season.

23. Woodcock; close season.

24. Woodcock; close season, special.
25. Grouse; close season.

26. Grouse, close season; special.

27. Grouse, woodcock and quail, Rensselaer.

28. Woodcock, grouse and quail, not to be possessed.

29. Woodcock, grouse and quail, not to be transported.

30. Plover and other birds, close season.

31. Mongolian ring-necked pheasants.

32. Antwerp or homing pigeons.

33. Certain wild birds protected.

34. Destroying or robbing nests.

35. No snares, nets or traps.

36. Certificate to collect for scientific purposes.
37. Taking game in Westchester county.

39. Penalties.

Section 20. Wild fowl; close season.-Web-footed wild fowl shall not be taken or possessed from April thirtieth to August thirty-first, both inclusive; or taken in the night from an hour after sunset until an hour before sunrise.

§ 21. Manner of killing.-Web-footed wild fowl shall not be taken except with a gun fired at arm's length without rest. They shall not be fired at from a boat propelled otherwise than by hand or from any boughhouse or floating device used to conceal the hunter if more than fifty feet from shore, or a natural growth of grass or flags. Fowl taken in violation of law shall not be brought ashore, sold or possessed.

§ 22. Quail; close season.-The close season for quail shall be. from December sixteenth to October thirty-first, both inclu sive. There shall be no open season for quail in the counties of

Genesee and Montgomery prior to the year nineteen hundred and three.

§ 23. Woodcock, close season.-Woodcock shall not be taken from December sixteenth to August thirty-first, both inclusive. No person shall take more than thirty-six woodcock in an open

season.

§ 24. Woodcock, close season, special.-Woodcock shall not be taken in the county of Oneida from November sixteenth to August thirty-first, both inclusive; in the county of Ulster from December sixteenth to September thirtieth, both inclusive; in the counties of Clinton, Essex, Warren, Hamilton and Fulton from December sixteenth to August fifteenth, both inclusive; in the county of Richmond from January first to July third, both inclusive.

§ 25. Grouse, close season. The close season for grouse shall be from December sixteenth to August thirty-first, both inclusive. No person shall take more than thirty-six grouse in an open season.

§ 26. Grouse, close season, special.-Grouse shall not be taken in the county of Oneida from November sixteenth to August thirty-first, both inclusive, or in the county of Ulster from December sixteenth to September thirtieth, both inclusive.

§ 27. Grouse, woodcock and quail, Rensselaer. There shall be no open season for woodcock, grouse or quail in the county of Rensselaer prior to the year nineteen hundred and three.

§ 28. Woodcock, grouse and quail, not to be possessed.-Woodcock, grouse and quail shall not be sold or possessed during the close season, except in the month of December, and possession or sale thereof during the last fifteen days of December shall be presumptive evidence that they were unlawfully taken by the

possessor.

§ 29. Woodcock, grouse and quail, not to be transported.-Woodcock, grouse and quail shall not be transported within this state or into the state from a point without the state less than twenty-five miles from the state line, unless accompanied by the actual owner thereof, and no person shall transport or accompany more than thirty-six grouse or thirty-six woodcock in any calendar. year, or more than twelve of either kind at one time. Possession thereof by a common carrier, or employee thereof, at the time actually engaged in the business of such common carrier, unac

companied by the actual owner thereof, shall constitute a violation of this section by such employee and common carrier. No common carrier or person in its employ shall transport such birds as

owner.

§ 30. Plover and other birds, close season. The close season for Wilsons, (called English snipe,) plover, rail, mud-hen, gallinule, grebe, bittern, surf-bird curlew, water-chicken, bay snipe or shore bird, shall be from May first to August thirty-first, both inclusive.

§ 31. Mongolian ring-necked pheasants.-There shall be no open season for Mongolian ring-necked pheasants, nor shall the same be killed and possessed, except in the county of Suffolk, prior to the year nineteen hundred and five. Such pheasants shall not be taken or possessed in the county of Suffolk from February first to September thirtieth, both inclusive.

§ 32. Antwerp or homing pigeons.-No person shall take or interfere with any Antwerp or homing pigeon if it have the name of its owner stamped upon its wing or tail, or wear a ring or seamless leg band with its registered number stamped thereon, or have any other distinguishing mark; nor shall any person remove any such distinguishing mark from any such pigeon.

§ 33. Certain wild birds protected.-Wild birds other than the English sparrow, crow, hawk, crane, raven, crow-blackbird, common blackbird and kingfisher, shall not be taken or possessed at any time, dead or alive, except under the authority of a certificate issued under this act.

§ 34. Destroying or robbing nests.-Nests of wild birds other than the English sparrow, hawk, crane, crow, raven, crow-blackbird, common blackbird or kingfisher, shall not be robbed or wilfully destroyed except when necessary to protect buildings or prevent their defacement.

§ 35. No snares, nets or traps. No bird for which a close season is provided, shall be trapped, netted or snared, or if so taken possessed. No net, trap or snare for taking grouse or quail, shall be set, placed or used where such birds can be taken. Any such net, trap or snare is declared to be a public nuisance, and may be summarily abated and destroyed by any person, and it is the duty of every protector to seize and destroy any such device.

§ 36. Certificate to collect for scientific purposes.-A certificate may be issued by any society of natural history incorporated in the state or by the regents of the university, to any person upwards of eighteen years of age, permitting the holder thereof to collect birds, birds' nests or eggs for scientific purposes. Before such certificate is issued, the applicant must file written testimonials from two well-known scientific men certifying to his good character and fitness to be entrusted with the privilege. Every applicant, except an officer of the New York State Museum, must pay one dollar for the expense of issuing the certificate, and must file a bond in the penal sum of two hundred dollars with two responsible and approved sureties, conditioned that he will not violate the provisions of this act, or avail him self of the privileges of said certificate for other than scientific purposes. Such a certificate shall be in force for one year only from the date of issue and shall not be transferable.

§ 37. Taking game in Westchester county.-Game shall not be taken in a public highway, or on the lands of a railway or lands purchased or condemned for the Croton aqueduct within the county of Westchester.

§ 39. Penalties.-A person who violates any provision of this article is guilty of a misdemeanor, and is liable to a penalty of sixty dollars and to an additional penalty of twenty-five dollars for each bird taken or possessed in violation thereof.

ARTICLE III.

FISH, GENERAL PROVISIONS.

Section 40. Trout, close season.

41. Trout, close season, special.

42. Trout, not disturbed while spawning.

43. Waters inhabited by trout.

44. Lake trout, close season.

45. Black bass, close season, size and catch.

46. Black bass, special.

47. Pickerel and pike.

48. Muskallonge, close season.

49. Salmon.

50. Saltwater striped bass.

51. No fishing near fishways.

52. Polluting streams.