Forest, Fish and Game Law (L. 1900, ch. 20), § 158.

of any animal, bird or fish, is prohibited, reference is had equally to such fish, game or flesh coming from without the state as to that taken within the state. Provided nevertheless that if there be any open season therefor, any dealer therein, if he has given the bond herein provided for, may hold during the close season such part of his stock as he has on hand undisposed of at the opening of such close season. Said bond shall be to the people of the state, conditioned that such dealer will not during the close season, ensuing, sell, use, give away or otherwise dispose of any fish, game, or the flesh of any animal, bird or fish which he is permitted to possess during the close season by this section; that he will not in any way during the time said bond is in force, violate any provision of the forest, fish and game law; the bond may also contain such other provisions as to the inspection of the fish and game possessed as the commission shall require, and shall be subject to the approval of the commission as to amount and form thereof, and the sufficiency of sureties. But no presumption that the possession of fish or game or the flesh of any animal, bird or fish is lawfully possessed under the provisions of this section shall arise until it affirmatively appears that the provisions thereof have been complied with. (Added by L. 1902, ch. 194, in effect March 21, 1902.)

Section unconstitutional. The above section prohibiting the possession during the closed season of fish and game taken without the state is void as an interference with interstate commerce, and as depriving citizens of the rights of property and liberty guaranteed by the state Constitution, and is not a proper exercise of the police power. The fact is that trout taken in Canada contrary to the provisions of the Game Laws thereof are none the less a recognized valuable article of commerce, and are none the less property. The state cannot deprive a citizen of this useful article of food because it was wrongfully shipped from Canada so long as it was introduced into the state by the authority of the laws of the United States. People v. A. Booth Co., 42 Misc. 321, 86 N. Y. Supp. 272.

§ 158. Leases for cultivation of shellfish.- The commission may lease lands under water for the cultivation of shellfish to persons who have resided in the state one year or more; but oyster beds of natural growth shall not be leased unless the same have for five years failed to produce natural oysters in sufficient quantities to enable persons engaged in the planting and cultivation thereof to earn a livelihood by working on such lands. Before a

Forest, Fish and Game Law (L. 1900, ch. 20), § 170.

lease is made, notice thereof must be posted for at least three weeks in a conspicuous place in the office of the commission, in the office of the town clerk, and in the postoffice nearest to the lands applied for. The letting shall be at public auction to the highest bidder for not less than twenty-five cents an acre annually, and for not more than fifteen years. Such leases may, at the expiration of the terms thereof, or upon the expiration of any renewals thereof, be renewed for a term not to exceed fifteen years. upon it being shown to the satisfaction of the commission that the lands described therein have in good faith been used for shellfish cultivation, continuously, during the original terms for which such leases were granted and during any previous renewal, or renewals, thereof. Moneys received from such leases shall be paid forthwith to the state treasurer. Every person holding a lease or franchise shall report annually to the commission on blanks provided for the purpose such information as the commission may deem necessary in the conduct of its business. A lessee shall immediately mark the ground leased, by stakes, buoys or monuments which shall be maintained by him, his successors or assigns during the continuance of the lease. Leases shall not be transferable in whole or in part except to persons who might have been original lessees. The commissioners may summarily oust from such lands tenants whose rent is in arrears, or who fail or refuse to report as herein provided. (Amended by L. 1903, ch. 433, and L. 1904, ch. 80, in effect March 18, 1904.)

§ 170. Game protectors. The commission shall appoint fifty game protectors. One shall reside in each of the counties of Essex, Clinton, Franklin, St. Lawrence, Jefferson, Lewis, Herkimer, Hamilton, Warren and Washington and the next eight protectors shall be appointed from said counties. Protectors shall have the power and perform the duties incumbent upon firewardens and shall hold office during the pleasure of the commission. The commission shall from time to time designate from the protectors a chief game protector and two assistant chiefs, two oyster protectors, an assistant oyster protector and a protector for the St. Lawrence river. The chief game protector shall have general supervision and control of all protectors, and shall have his office with the commission. (Amended by L. 1902, ch. 247, .in. effect March 26, 1902.)

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

§ 172, 173.

§ 172. Compensation of game protectors. The chief game protector shall receive an annual salary of two thousand dollars a year and his actual and necessary traveling expenses while in the discharge of his official duties, not exceeding one thousand dollars a year. Any chief game protector who has served as such for upwards of five years may by order of the commission receive a salary of two thousand five hundred dollars. The assistant chief protectors shall each have twelve hundred dollars a year and their necessary traveling and incidental expenses while in the discharge of their official duties not exceeding seven hundred and fifty dollars a year. Each state oyster protector shall receive one thousand dollars a year and his actual and necessary traveling and incidental expenses while in the discharge of his official duties not exceeding seven hundred and fifty dollars a year; the assistant oyster protector shall when actually employed, receive two dollars and a half a day and his actual and necessary traveling and incidental expenses while in the discharge of his official duty not exceeding five hundred dollars a year. Other protectors shall receive six hundred dollars a year and an allowance for expenses not exceeding four hundred and fifty dollars a year. Each of said protectors shall receive one-half of the fines and penalties less the expenses of recovering the sum collected in actions brought upon information furnished by him. (Amended by L. 1904, ch. 710, in effect May 11, 1904.)

§ 173. Powers of game protectors.- Game protectors shall enforce all laws relating to fish and game; all laws of boards of supervisors relating to the same; all laws and regulations for the protection and preservation of the forest preserve and public parks described in this act; and shall have power to execute all warrants and search warrants issued for a violation of the forest, fish and game law; to serve a summons issuing from justices' court; to serve subpoenas issued for the examination and investigation or trial of offenses against any of said laws; to make search where they have cause to believe that fish or game is possessed in violation of law, and without search warrant to examine the contents of any boat, car, box, locker, basket, creel, crate, gamebag, or other package, and the contents of any building other than a dwelling house, to ascertain whether any of the provisions of this act or of any law for the protection of fish, shellfish, and game have been violated, and to use such force as may be necessary for the purpose of such

Forest, Fish and Game Law (L. 1900, ch. 20), § 179, 187, 193. examination and inspection; and with a search warrant to search and examine the contents of any building or dwelling house; to arrest without warrant any person committing a misdemeanor under the provisions of this act in their presence, and take such person immediately before a magistrate having jurisdiction for trial. (Amended by L. 1903, ch. 277, in effect April 24, 1903.)

§ 179. Expenses of seizure of nets. The reasonable expense of the seizure, removal or destruction of any net, pound or other illegal device shall be a county charge against the county in which the same shall be seized, and shall be audited and paid as a county charge on verified statement of the game protector making the seizure, stating the time and place of such destruction, the name of the person or persons employed, the time spent and money paid, if any, therein. In the counties of Monroe and Tompkins the board of supervisors may by resolution make such further regulations as to exhibiting and destroying the same as they deem proper. (Amended by L. 1903, ch. 278, in effect April 24, 1903.)

$ 187. Proceeds of actions by the people.- Moneys recovered in an action for a penalty, or upon the settlement or compromise thereof, and fines for violations of this act shall be paid to the commission who shall apply so much thereof as may be necessary to the payment of the expenses of collection except attorney fees, and shall on the certificate of the chief game protector, pay one-half the balance to the game protector, upon whose information the action was brought. All acts or parts of acts inconsistent with this act are hereby repealed. (Amended by L. 1904, ch. 592, in effect May 3, 1904.)

$193. Witnesses not excused from testifying.- No person shall be excused from testifying in any civil or criminal action or proceeding taken or had under this act upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon a criminal prosecution. A person called for the people and so testifying shall not thereafter be liable to indictment or conviction for the violation or violations of this act respecting which he has so testified, and may plead or prove the giving of such testimony in bar of such an indictment or conviction. (Amended by L. 1903, ch. 353, in effect May 6, 1903.)

Forest. Fish and Game Law (L. 1900, ch. 20), §§ 203, 217.

§ 203. Fish and game protected. (C. & G. Gen. Laws, p. 1502.)

Stocking by state of streams in private park. The stocking by the state of streams and waters, the beds of which and the adjacent lands are owned by a private individual or corporation, does not confer upon the public the right to fish therein as against one who has established a private park under the statute, unless such stocking was done with the consent of such owner. Even if the stocking was with the consent of such owner, it is only the particular stream of water stocked which are thus made public. So that the stocking of a stream by the state does not open to the public such part of the stream as is situated on the lands of owners who have not consented thereto. Rockefeller v. Lamora, 85 App. Div. 254, 83 N. Y. Supp. 289.

§ 217. Adirondack park. The Adirondack park shall include all lands now owned or hereafter acquired by the state within the following bounds, to wit: Beginning at the southeast corner of the town of Hope in the county of Hamilton, and running thence westerly along the southerly lines of Hamilton county and continuing and following the southerly line of the town of Wilmurt, in Herkimer county to the point of intersection with the westerly line of Herkimer county, and thence northerly along the westerly lines of Herkimer county to its junction with the southwesterly line of St. Lawrence county; thence westerly along said southwesterly line of St. Lawrence county to the most westerly corner of township fourteen, great tract three, Macomb's purchase; thence easterly along the northerly line of said township fourteen to the northeast corner thereof; thence northerly along the west line of township thirteen, great tract three, Macomb's purchase, to the northwest corner of said township thirteen; thence east along the north line of said township thirteen and the south line of township ten, tract and purchase aforesaid, to the southwest corner of the southeast quarter of said township ten; thence north along the west line of the said southeast quarter of the aforesaid township ten to the north line of said township; thence east along said north line to the west line of township seven, great tract two, Macomb's purchase; thence northerly along the west line of township seven aforesaid to the northwest corner of the township; thence easterly along the northerly lines of townships seven and eight, great tract two, Macomb's purchase, to the southwest corner of township twelve of said great tract two; thence northerly along the west line of township twelve to the northwest corner of lot one