may be used from October fifteenth to March thirty-first both inclusive.

§ 114. Supervisors of Queens, Nassau and Suffolk counties.— The boards of supervisors of the counties of Queens, Nassau and Suffolk may respectively pass laws regulating and controlling the taking of fish and shell-fish from or in the salt water of such counties.

§ 116. Jones inlet and adjacent waters.-Nets shall not be used in Jones inlet inside of the first spar buoy, commonly called the bar buoy, or inside of a line drawn three-quarters of a mile easterly and westerly from said buoy, or in any of the following creeks, runs of water running into, or tributary to Jones inlet namely, Long creek below the sharp point of the marsh; Sea Dog creek below a line drawn northerly and southerly from the easterly end of Elder island; Shell creek below the point of the gunning lead; Swift creek below the upper point of Swift creek on the easterly side thereof; in Haunt's creek below a line drawn from the upper side of Haunt's Creek point and Old Bent's point. This section shall not apply to nets used only for taking lobsters or crabs; or hand nets not more than forty feet long and four feet deep to take minnows, killies, spearing, or shrimp for bait. (Added by chap. 610 of 1900.) 8119. Penalties.-A person who violates any provision of this article is guilty of a misdemeanor and is liable to the following penalties for violation thereof: For each deer or part of deer taken or possessed in violation thereof one hundred dollars; for each bird taken or possessed in violation thereof, twenty-five dollars; for each squirrel, hare or rabbit taken or possessed in violation thereof, ten dollars, and for each fish taken or possessed in violation thereof, the sum of ten dollars; for every other violation thereof, sixty dollars.

ARTICLE VI.

SHELL FISH.

SECTION 120. Close season for oysters in Harlem river.

121. Replanting Hudson river oysters.

122. Taking oysters in South bay.

123. Measure of shell oysters.

124. Oyster beds protected.

125. Dredging and raking for oysters and clams.
126. Clams and oysters about Staten island.

127. Sale of lobsters under certain size prohibited.

Shell Fish.

§§ 120-125

SECTION 128. Residents only may take shell fish.

129. Polluting waters.

130. Garbage not to be thrown in Long Island sound.
139. Penalties.

§ 120. Close season for oysters in Harlem river.- Oysters shall not be taken in Harlem river from May thirty-first to September first both inclusive.

§ 121. Replanting Hudson river oysters.-Oysters shall not be taken from the Hudson river north of New York county for the purpose of replanting without the state.

§ 122. Taking oysters in South bay.- Oysters, spawn or shells shall not be taken from South bay in Suffolk county from May thirty-first to September first, both inclusive; or taken between sunset and sunrise at any season. Oyster shells taken from the public waters of said bay in said county shall be returned to the water where taken within ten minutes after being taken. Blade or scraper tongs used to take shell fish shall not be used or possessed in the waters of said bay in said county. This section is subject to the provisions of section one hundred and fourteen.

§ 123. Measure of shell oysters.- Oysters in shell may be sold by count or measure; if by measure, it shall be by stave measure. The stave shall be of the following dimensions: The bottom sixteen and one-half inches across inside, the top eighteen inches diagonally from inside chime to top. The measures shall be uniform, shall be even or struck measure, and may be sealed by the sealer of weights and measures of any county. This section shall not apply when oysters are shipped by barrel for sale without the United States.

§ 124. Oyster beds protected.- Oysters or hard clams shall not be taken from half an hour after sunset until half an hour before sunrise except in the waters of the Kill von Kull, Jamaica Bay, and the Arthur Kill. No person shall take, carry away, interfere with or disturb oysters of another lawfully planted or cultivated, or remove any stakes, buoys, or boundary marks of a planted or cultivated bed. The possession of dredges or tongs overboard on any such bed shall be deemed prima facie evidence of a violation of this section. (As amended by chap. 596 of 1900.)

125. Dredging and raking for oysters and clams.- Dredges operated by steam power shall not be used in dredging for shell fish on beds of natural growth. Rakes, tongs, dredges or other

devices with spaces or openings between the teeth or prongs less than one inch wide, shall not be used in taking hard or round clams. § 126. Clams and oysters about Staten Island.- Oysters and clams shall not be taken or disturbed between half an hour after sunset and half an hour before sunrise in the waters on the south side of Staten Island between a line extending due south from the point of the beach at Great Kills, and a line extending due southwest from Ward's Point in the town of Westfield. Devices other than rakes and tongs operated by hand only, shall not be used in taking oysters or clams from natural growth oyster beds in Arthur Kill or in Staten Island sound or in tributaries thereto, or had in possession overboard in such waters. (As amended by chap. 600 of 1900.)

$127. Sale of lobsters under certain size prohibited. Lobsters less than nine inches in length measured from one extremity to the other, exclusive of claws or feelers, shall not be taken, possessed or sold.

§ 128. Residents only may take shell fish.- No person who has not been an actual resident of this state for six months shall take shell fish in the waters of this state except in the capacity of employee of a person entitled to take the same.

§ 129. Polluting waters.- Sludge, acid or refuse from oil works or sugar-houses, or buildings connected therewith, (except refuse from the manufacture of oil from menhaden or other fish,) or any substance injurious to oyster culture, shall not be placed or allowed to run into waters within the jurisdiction of the state.

§ 130. Garbage not to be thrown in Long Island sound.Garbage, cinders, ashes or refuse of any kind shall not be thrown from any vessel into Long Island sound or any bay or harbor opening into the same within two miles of the shore west of a line drawn from Old Field point due north to the boundary line between New York and Connecticut. Starfish shall not be thrown

into the waters of the state.

§ 139. Penalties.—A person who violates any provision of this article is guilty of a misdemeanor, and is liable to a penalty of one hundred dollars for each violation thereof.

Definitions and Construction.

§ 140

ARTICLE VII.

DEFINITIONS AND CONSTRUCTION.

SECTION 140. Definitions.

142. Construction.

140. Definitions.-The following words and phrases used in this act are defined as follows:

I. Grouse" includes ruffed grouse, partridge and every member of the grouse family.

2. "Trout" includes speckled trout, brown trout, rainbow trout, red throat trout and brook trout.

3. "Lake trout" for the purposes of this act includes land-locked salmon and ouananische.

4. Black bass" includes Oswego bass.

5. "Pike" for the purposes of this act includes wall-eyed pike. 6. "Angling" means taking fish by hook and line in hand or rod in hand; or if from a boat not exceeding two lines with or without rod to one person.

7. It is unlawful to take fish or game during time described as close season." Fish and game for which close seasons are established may be hunted and caught in a lawful manner during that part of the year which is not included in such close seasons respectively. The "open season" is that part of the year when they may be taken in a lawful manner.

19010603

8. "Taking" includes pursuing, shooting, hunting, killing.amd19 capturing, trapping, snaring and netting fish and game, and all lesser acts such as disturbing, harrying or worrying whether they result in taking or not; and includes every attempt to take and every act of assistance to every other person in taking or attempting to take fish or game. Whenever taking is allowed by law, reference is had to taking by lawful means and in a lawful manner.

9. "Person" includes a co-partnership, joint stock company or corporation.

10. Where lands are referred to as "inclosed," the boundary may be indicated by wire, ditch, hedge, fence, road, highway, water or in any visible or distinctive manner which indicates a separation from the surrounding or contiguous territory.

11. Gender and number shall be disregarded in construing this act whenever it is necessary to carry out the spirit thereof.

12. Commission, commissioners and board of commissioners are synonymous with commission of forest, fish, and game. (As amended by chap. 593 of 1900.)

§ 142. Construction.-This act is intended to be a restatement of existing law with such changes as clearly appear. The terms of office of the present commissioners are not affected thereby. References in laws not repealed to provisions in acts incorporated in this act and repealed, shall be construed as applying to such provisions in this act. Nothing in this act shall be construed as amending or repealing any provision of the criminal or penal code.

PART II.

ARTICLE 8. Forest, fish and game commission (§§ 150-163).

9. Game protectors (§§ 170-179).

10. Prosecutions (§§ 185-193).

11. Private parks (§§ 200–204).

12. Fishways (§§ 208-211).

13. Forest and public parks (§§ 216-234).

ARTICLE VIII.

FOREST, FISH AND GAME Commission.

SECTION 150. Forest, fish and game commission. 151. Shellfish commissioner.

152. Compensation of commissioners.

153. Fish culturist.

154. Office and clerical force.

155. Duties of commissioners.

156. Close season established in towns.

157. Power to take fish.

158. Leases for cultivation of shellfish.

159. Limitation of last section.

160. Special provisions as to leases.

101. To collect rental.

162. Disputes as to shellfish leases settled.

163. Commission to report to legislature.

§150. Forest, fish and game commission.-The governor shall, by and with the advice and consent of the senate, appoint five commissioners. They and their successors shall constitute the commission of forest, fish and game. He shall in like manner appoint one of their number president of the commission. Their term of office shall be five years.