L. 1916, ch. 521. Penalties for violations. $ 182. that the taker accompanies the same and shall have with him a license issued by the commision permitting such transportation. Quadrupeds may be shipped by the taker by common carrier, except by parcel post, but in that case the shipping requirements of subdivision three of this section shall apply. Such game or fish when so transported may be possessed at any time. Importation of birds.—Subdivision four permits birds to be imported and brought into the state under certain conditions, but contains no prohibition and prescribes no penalty for importing or bringing them in otherwise than in the manner prescribed by that section. Said statute is penal and where partridges imported into this state without a shipping permit or importation clause issued by the New York state conservation commission arrived in this state during the season when it was lawful for partridges to be taken in this state and there used by persons lawfully taking the same, the importer is not subject to a penalty under section 182 of the statute for a violation of section 178 (4). People v. Bisbee (1915), 90 Misc. 601, 153 N. Y. Supp. 993. § 182. Penalties.-1. Unless a different or other penalty or punishment is herein specially prescribed, a person who buys, sells, offers for sale, takes, possesses, transports or has in possesion for sale or transportation any fish, bird or quadruped, shell-fish or crustacean in violation of any of the provisions of the conservation law in relation to fish and game, or who violates or who fails to perform any duty imposed by any of the provisions of said law, or any lawful order, rule or regulation adopted by the commission, is guilty of a misdemeanor; and in addition thereto is liable as follows: to a penalty of sixty dollars and an additional penalty of twenty-five dollars for each fish, bird, quadruped, shell-fish or crustacean, or part of fish, bird, quadruped, shell-fish or crustacean bought, sold, offered for sale, taken, possessed, transported or had in possession for sale or transportation in violation thereof. 2. A person who buys, sells, offers for sale, takes, possesses, transports or has in possession for sale or transportation any deer, elk, moose, caribou, antelope, beaver or part of any such animal in violation of any of the provisions of said law or of any lawful rule or regulation of the commission, is guilty of a, misdemeanor, and in addition thereto is liable as follows: to a penalty of one hundred dollars and an additional penalty of one hundred dollars for each deer, elk, moose, caribou, antelope, beaver or part of any such animal bought, sold, offered for sale, taken, possessed, transported or had in possession for sale or transported contrary to law. 3. A person who violates any of the provisions of sections two hundred and forty-five, two hundred and forty-seven or two hundred and fortyeight thereof, shall be guilty of a misdemeanor, and in addition thereto is liable as follows: to a penalty of five hundred dollars, and an additional penalty of ten dollars for each fish taken, killed or possessed in violation thereof. 4. Any public officer who fails to perform any duty imposed by any of § 185. Hunting and trapping licenses. L. 1916, ch. 521. the provisions of said law or of any lawful rule or regulation of the commission is guilty of a misdemeanor, unless otherwise specifically prescribed herein, and in addition thereto is liable to a penalty of one hundred dollars. 5. A person who violates any provision of part eleven shall be guilty of a misdemeanor, and shall be liable to exemplary damages in the sum of twenty-five dollars for each offense or trespass to be recovered by the owner of the lands, or hunting or fishing rights thereon, with costs of suit, in addition to the actual damages, all of which may be recovered in the same action. The consent in writing of such owner to hunt or fish on said lands during the open season shall be a defense to a prosecution under this section. 3. Fees. Said applicant, if a resident of the state for over six months. and a citizen, shall pay to the clerk countersigning and issuing the license the sum of one dollar as a license fee, together with the sum of ten cents as the fee of the county, city or town clerk for issuing such license, and if a nonresident of the state, or an unnaturalized person or an alien, resident or nonresident, shall pay to the clerk countersigning and issuing license the sum of ten dollars together with the sum of fifty cents as a fee to the clerk. § 185. Hunting and trapping licenses.-Subd. 3, as amended by L. 1913, ch. 508, amended by L. 1916, ch. 521, in effect May 12, 1916, as follows: Subd. 4, amended by L. 1916, ch. 297, in effect Apr. 25, 1916, as follows: Subd. 4. Disposition of fees. The license fees above provided for shall be remitted by the city and town clerks on the first Tuesday of each month to the county clerk of the county, with duplicate schedules setting forth the name and residence of each licensee and the serial number of and the amount paid for each license issued. Such license fees, less three per centum thereof which the county clerk is hereby authorized to retain for his compensation, and the license fees received by the county clerk for issuing licenses from his office, less three per centum thereof for such compensation, shall belong to the state and shall be remitted to the commission on the second Tuesday of each month with a duplicate of said schedule, and the fees so received by the commission shall be remitted by the commission to the state treasurer as are fines and penalties. Subd. 6, as amended by L. 1913, ch. 508, amended by L. 1916, ch. 521, in effect May 12, 1916, as follows: 6. Carrying and exhibiting same. No person to whom a license has been issued shall be entitled to take wild animals, fowl or birds, or trap fur bearing animals in this state unless at the time of such taking he shall have such license on his person, and shall exhibit the same for inspection to any protector or other officer or other person requesting to see the same. Such licensee shall also wear in a conspicuous place on his clothing a button to be furnished by the commission through the clerks L. 1916, ch. 521. Hunting and trapping licenses. §§ 186, 188. issuing licenses. Buttons shall be uniform in size and at least two inches in diameter and shall bear a number corresponding to the number of the license delivered to the applicant and such other matter as may be determined by the commission. The failure of the licensee at all times while hunting, trapping or taking wild animals, fowl or birds, to wear such button in a conspicuous place on his clothing shall cause a forfeiture of his license. Such person shall surrender upon demand his license and button to any game protector or other person duly authorized by the commission to receive the same. No other or additional penalty than the forfeiture of his hunting or trapping license, as herein provided, shall be suffered by a licensee failing to wear such button. But such forfeiture shall not operate to prevent a person from procuring another license as provided in this section. The provisions of this section with respect to the issuance of and the wearing of a button shall take effect January first, nineteen hundred and seventeen. § 186. Penalties.-Added by L. 1912, ch. 318, amended and renumbered by L. 1913, ch. 508, and repealed by L. 1916, ch. 521, § 38 (under nom. 187), in effect May 12, 1916. § 188. Nonresident fishing license.-Except as hereinafter provided, no person, except a bona fide resident of this state for at least thirty days. immediately prior to such taking, shall take any fish by angling in any of the fresh waters under the jurisdiction of the state of New York forming a part of the state boundary or through which the state boundary runs or shall engage in fishing in such waters without first having procured a license so to do. Said license shall be procured in the manner provided in section one hundred and eighty-five hereof. The applicant shall pay to the clerk the sum of two dollars as a license fee therefor, together with the sum of fifty cents as a fee to the clerk; provided, however, that a nonresident person under the age of sixteen years, or a woman, may take fish, by angling, without obtaining a fishing license. The provisions of section one hundred and eighty-five in so far as the same are applicable to licenses shall apply to all licenses issued under this section. If a resident of this state may lawfully fish in such part of said boundary waters as are not within the jurisdiction of the state of New York without being required to obtain a fishing license from the state or country having jurisdiction over the said waters, then a resident of such state or country may take fish in such part of said boundary waters as are within the jurisdiction of the state of New York without obtaining the nonresident fishing license provided for herein. (Added by L. 1915, ch. 223, and amended by L. 1916, ch. 522, in effect May 12, 1916.) 190. Wild deer.-Subd. 1, amended by L. 1916, ch. 521, in effect May 12, 1916, as follows: §§ 191, 193. Possession of deer; dogs. L. 1916, ch. 521. 1. Open season. Only wild deer having horns not less than three inches in length may be taken from October first to November fifteenth, both inclusive, and in wholly inclosed deer parks and in the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Oswego, Saratoga, Saint Lawrence, Warren and Washington. Subd. 3 amended by L. 1916, ch. 521, in effect May 12, 1915, as follows: 3. Manner of taking. Wild deer may be taken only on land. No jacklight or other artificial light, trap or saltlick, or other device to entrap or entice deer, shall be used, made or set, nor shall any deer be taken by aid or use thereof. Deer shall not be hunted, pursued or killed by any dog of either sex. § 191. Possession of wild deer or venison.-Wild deer or venison lawfully taken may be possessed from October first to November twentieth, both inclusive. A person may possess such deer or venison from November twenty-first to February first, both inclusive, provided a license so to do shall first be obtained from the commission. Every person obtaining such license shall pay to the commission a fee of one dollar. Deer or venison so possessed shall at all times be marked or tagged in such manner as the commission may provide. If possession of deer is obtained for transportation after October first and before midnight of November sixteenth, it may lawfully remain in the possession of a common carrier the additional time necessary to deliver the same to its destination. Possession of deer or venison, or any part thereof, from November sixteenth to February first, both inclusive, shall be presumptive evidence that the same was unlawfully taken. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, L. 1914, ch. 92, and L. 1916, ch. 521, in effect May 12, 1916.) § 193. Dogs to be killed.-Added by L. 1912, ch. 318, amended by L. 1915, ch. 176, and repealed by L. 1916, ch. 521, § 38, in effect May 12, 1916. § 193. Dogs to be licensed.-No dog of either sex shall be taken into the Adirondack or the Catskill Park, or into forests inhabited by deer, or harbored or possessed therein, unless the owner shall first obtain a license for such dog from the commission, and pay a fee of one dollar therefor. The license shall be issued by the commission in its discretion and under such rules and regulations as it may deem advisable and shall terminate with the calendar year in which issued. A metal tag marked with a number corresponding to the number of the license shall be issued with the said license, and shall be attached to a collar and shall be at all times worn by the dog so licensed. Dogs of either sex, licensed as herein provided, shall not run at large in the Adirondack or the Catskill Park or forests inhabited by deer, unaccompanied by the owner. Any act committed or done contrary to the provisions of this section, or L. 1916, ch. 521. Moose; hares; beaver, etc. §§ 194, 196-198. the neglect to perform any duty provided therein, shall be deemed a violation thereof for which the owner shall be liable. Any person may and it shall be the duty of every game protector to kill any dog of either sex pursuing or killing deer, and no action for damages shall be maintained against the person for such killing. The prohibitions of this section shall not apply to dogs upon lands actually farmed or cultivated by the owner of such dog, or within the limits of an incorporated village or town, or a community having a resident population of not less than one hundred individuals. (Added by L. 1912, ch. 318, and amended by L. 1915, ch. 176, and L. 1916, ch. 521, in effect May 12, 1916.) § 194. Wild moose; elk; caribou and antelope.-There shall be no open season for wild moose, elk, caribou and antelope; but they may be brought into the state for breeding purposes. The flesh or any portion of any such animal may be possessed or transported by the owner thereof, provided such animal was killed by the owner thereof, in a private park within the state, and further provided that the provisions of section three hundred and seventy-two in so far as the same are applicable are in all respects complied with. (Added by L. 1912, ch. 318, and amended by L. 1916, ch. 521, in effect May 12, 1916.) § 196. Hares and rabbits; open season; limit; sale; breeding.-Title thus amended by L. 1916, ch. 521, in effect May 12, 1916. Subd. 4 added by L. 1916, ch. 521, in effect May 12, 1916, as follows: 4. Breeding. Varying hares and cotton-tail rabbits when bred in captivity may be bought and sold for food purposes during the close season therefor, provided a license so to do shall have first been obtained from the commission, upon the payment to it of a license fee of five dollars a year. Varying hares and cotton-tail rabbits so bred may be bought and sold for food purposes during the close season, provided the same shall first have been tagged with an indestructible tag or seal which shall be supplied by the commission under such rules and regulations as it deems advisable. § 197. Beaver; closed season.-No person shall take or possess beaver at any time or molest or disturb any wild beaver or the dams, houses, homes or abiding places of same, except as permitted in section one hundred and fifty-eight. (Added by L. 1912, ch. 318, and amended by L. 1916, ch. 521, in effect May 12, 1916.) § 198. Mink; raccoon and sable; open season.—Mink, raccoon and sable may be taken either in the daytime or at night and in any manner and possessed from November tenth to March fifteenth, both inclusive. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, and L. 1916, ch. 521, in effect May 12, 1916.) §201. Muskrat; open season.-Muskrat, may be taken in any manner, |