Forest, Fish and Game Law (L. 1900, ch. 20), §§ 22a. 23, 23a, 24–27.

§ 22-a. Quail; close season; special. There shall be no open season for quail in the county of Richmond prior to the year nineteen hundred and eight; or in the counties of Saratoga and Schoharie prior to the year nineteen hundred and six. (Added by L. 1903, ch. 446, and amended by L. 1904, chs. 578 and 579, in effect May 3, 1904.)

§ 23. Woodcock; close season.- Woodcock shall not be taken from December first to September fifteenth, both inclusive. No person shall take more than thirty-six woodcock in open season. (Amended by L. 1900, ch. 601, and L. 1902, ch. 317, in effect April 2, 1902.)

§ 23-a. Woodcock; close season; special.- Woodcock shall not be taken in the county of Greene from December first to September thirtieth, both inclusive. (Added by L. 1904, ch. 578, in effect May 3, 1904.)

§ 24. Woodcock; close season; special. (Amended by L. 1902, ch. 125, and repealed by L. 1903, ch. 516.)

§ 25. Grouse; close season. The close season for grouse shall be from December first to September fifteenth, both inclusive. No person shall take more than thirty-six grouse in an open season. (Amended by L. 1900, ch. 601, and L. 1902, ch. 317, in effect April 2, 1902.)

§ 26. Grouse; close season; special. Grouse shall not be taken in the counties of Sullivan and Greene from December first to September thirtieth, both inclusive. There shall be no open season for grouse in the county of Westchester prior to the year nineteen hundred and five, or in the county of Dutchess prior to the year nineteen hundred and seven. (Amended by L. 1900, ch. 611; L. 1901, ch. 606; L. 1902, ch. 356; L. 1903, ch. 520, and L. 1904, ch. 578, in effect May 3, 1904.)

§ 27. Grouse, woodcock and quail, Rensselaer county.(Original section repealed by L. 1902, ch. 161.)

§ 27. Grouse and woodcock not to be sold. Grouse and woodcock taken in this state shall not be sold or offered for sale

Forest, Fish and Game Law (L. 1900, ch. 20), § 27a.

within this state, or carried without the state, nor shall grouse or woodcock taken without the state be sold within the state except pursuant to the provisions of this section. Possession of grouse or woodcock by any person shall be presumptive evidence that they were taken in this state, provided that such presumption shall not attach to the possession of grouse or woodcock by any person who shall have given to the commissioner a bond to the people of the state, as hereinafter provided, approved by him as to form, amount and sufficiency of sureties, so long as the same shall be in force. The bond shall be for a specified time, and shall continue in force for that time unless sooner disapproved by the commissioner for breach of its conditions or failure of sureties. Such bond shall be conditioned that such person shall not knowingly have in his pos session or sell, grouse or woodcock taken in this state, and shall contain such other provisions as to inspection of grouse or woodcock possessed by him, evidence that the same were taken without the state, by way of bill of sale, way bill or otherwise, and generally such requirements as the commissioner may deem necessary to secure the enforcement of this section; nor shall presumption attach to possession of grouse and woodcock by any person purchasing the same for consumption from a person whose bond is in force as aforesaid. But no presumption that grouse or woodcock are possessed free from the presumption that they were taken in this state, as herein provided, shall arise in any action or legal proceeding until it affirmatively appears that the provisions of this section have been complied with. Any person violating any of the provisions of such bond shall be denied the privilege of giving another bond under this section. (Added by L. 1903, ch. 291, and amended by L. 1904, ch. 580, in effect May 3, 1904.)

§ 27-a. Grouse, woodcock and quail, certain counties. The close season for grouse, woodcock and quail shall be in the county of Rensselaer from December first to September thirtieth, both inclusive, and in the counties of Orange and Ulster from December sixteenth to October fifteenth, both inclusive. The close season for quail and woodcock in the county of Dutchess shall be from December first to October fifteenth, both inclusive. The close season for grouse and woodcock in Saratoga county shall be from November first to September fifteenth, both inclusive. There shall be no open season for woodcock, grouse and quail in the county of Schenectady prior to the year nineteen hundred and six. (Added

Forest, Fish and Game Law (L. 1900, ch. 20), §§ 28, 29a, 30, 31.

as § 27 by L. 1903, ch. 518, and amended by L. 1904, chs. 578 and 579, in effect May 3, 1904.)

§ 27-b. Grouse, woodcock and quail, Orange county. (Added by L. 1903, ch. 475, and repealed by L. 1904, ch. 578.)

§ 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 December shall be presumptive evidence that they were unlawfully taken by the possessor. (Amended by L. 1902, ch. 317, in effect April 2, 1902.)

$ 29-a. Woodcock, grouse and quail in Delaware, Greene, Schoharie, Sullivan and Ulster not to be sold.- Woodcock, grouse and quail shall not be taken in Delaware, Greene, Schoharie, Sullivan and Ulster counties for the purpose of selling or offering to sell the same; nor shall any person sell or offer for sale any such woodcock, grouse and quail. (Added by L. 1903, ch. 220, in effect April 24, 1903.)

$30. Plover and other birds; close season.- Wilson (called English snipe), yellow legs, rail, mudhen, gallinule, surfbirds, curlew, water chicken, jacksnipe, baysnipe or shore birds, shall not be taken or possessed from January first to September fifteenth, both inclusive. Plover shall not be taken or possessed from January first to August fifteenth, both inclusive. (Amended by L. 1901, ch. 91; L. 1902, ch. 111, and L. 1904, ch. 588, in effect May 3, 1904.)

§ 31. Mongolian ring-necked and English pheasants. There shall be no open season for Mongolian ring-necked or English pheasants, nor shall the same be killed or possessed, except in the county of Suffolk, prior to the year nineteen hundred and ten; provided, however, that pheasants bred or purchased and liberated in Suffolk county, by the game clubs and private owners, may be possessed in Greater New York for consumption but not for sale. Neither Mongolian ring-necked pheasants nor English pheasants shall be taken or possessed in the county of Suffolk from January first to October thirty-first, both inclusive. (Amended by L. 1900, ch. 215 and 604; L. 1901, ch. 616; L. 1903, ch. 78, and L. 1904, ch. 582, in effect May 3, 1904.)

Forest, Fish and Game Law (L. 1900, ch. 20), §§ 33, 34, 36.

§ 33. Certain wild birds protected. Wild birds other than the English sparrow, crow, hawk, crow blackbird, snow owl and great horned owl shall not be taken or possessed at any time, dead or alive, except under the authority of a certificate issued under this act. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale. The provisions of this section shall not apply to game birds for which an open season is provided in this act. (Amended by L. 1900, ch. 741; L. 1901, ch. 91; L. 1902, chs. 359 and 517, and L. 1903, ch. 443, in effect May 7, 1903.)

Birds for which there is no open season. The provision of the above section that birds for which there is no open season shall not be taken or possessed at any time relates only to birds for which the statute provides that there is no open season. So held as to snow buntings as to which no open season is provided by statute. The above section as amended by the act of 1902, has no application to wild birds taken or possessed prior to the enactment of that act. People v. Cohen, 91 App. Div. 89, 86 N. Y. Supp. 475.

§ 34. Destroying or robbing nests. Nests of wild birds other than the English sparrow, hawk, crane, crow, raven, crow-blackbird, snow owl, great horned owl, common blackbird or king fisher, shall not be robbed or wilfully destroyed except when necessary to protect buildings or prevent their defacement. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

$ 36. Certificate to collect for scientific purposes. A certificate may be issued by the commission, 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 himself 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. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

Forest, Fish and Game Law (L. 1900, ch. 20), §§ 38, 39, 41.

§ 38. Birds and game not transported. Birds or quadrupeds or parts thereof, game, except fish taken in this state, shall not except as herein provided be transported without the state; nor shall the same be taken or possessed with intent to transport the same without the state. Any person doing any act with reference to such birds or game in aid of such taking or transportation with knowledge of the intention to so transport the same shall be deemed to have violated this section. This section does not apply to the head, feet or skin of deer when severed from the carcass, or to quadrupeds named in section fifteen of this act. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

§ 39. Penalties.- A person who violates any provisions 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, or quadrupeds or part of bird or quadrupeds taken, possessed, transported or had in possession for transportation in violation thereof. (Amended by L. 1900, ch. 741; L. 1903, 533, and L. 1904, ch. 580, in effect May 3, 1904.)

ch.

Actions to recover penalty; complaint. It is unnecessary in an action to recover a penalty under the above section to refer to the statute in the complaint. It is sufficient to allege facts bringing the case within the purview of the statute. Nor need the complaint allege that the case is not within any saving clause of the statute. The presumption of a violation arising from the possession of the birds is as true as a rule of pleading as it is concededly true as a rule of evidence. People v. Bootman, 40 Misc. 27, 81 N. Y. Supp. 195.

$ 41. Trout; close season; special. The close season for trout in Spring brook in the counties of Monroe and Livingston, shall be from September first to March twenty-eight, both inclusive; in the brooks in the towns of Gilboa and Conesville, Schoharie county, except the Schoharie river, from August first to April thirtieth, both inclusive; in all the brooks, streams and waters inhabited by trout in the counties of Allegany, Cattaraugus, Chautauqua, Cortland and Tompkins, from July sixteenth to April fifteenth, both inclusive; in the brooks and streams of Orange county from September first to March thirty-first, both inclusive; in White creek in the towns of Hoosick and White. Creek in the counties of Rensselaer and Washington and in the county of Saratoga, from September first to April thirtieth, both inclusive. (Amended by L. 1900, ch. 598; L. 1903, ch. 440, and L. 1904, ch. 648, in effect May 3, 1904.)