1316 APPENDIX TO BRITISH CASE. 



No. 162. 7775, January 31: Colonial Law of New York. 



An Act to coutinue and amend an Act entitled, An Act to prevent the Destruc- 

 tion of Fish in the County of Suffolk. 



Whereas the abovesaid Act passed the Twenty fourth Day of March 

 in the Year of our Lord One thousand seven hundred and Seventy 

 two, has been found in a great Measure to answer the good Purposes 

 thereby Intended, and if further continued, with some Amendments, 

 must prove of great Advantage to the Community. 



Be it enacted by his Honor the Lieutenant Governor, the Council, 

 and the General Assembly, and it is hereby enacted by the Authority 

 of the same, That the first enacting clause in the said Act is hereby 

 repealed, and declared null and void, and the following Clause sub- 

 stituted and enacted by the Authority aforesaid instead thereof; 

 That if any Person or Persons shall draw any Seine or Net of any 

 Length whatsoever, or set any Seine or net above six Fathoms in 

 Length, from the Fifteenth Day of November to the Fifteenth Day of 

 April, in any Year during the Continuance of this Act, in any of the 

 Bays, Rivers or Creeks within the County of Suffolk, shall for each 

 Offence forfeit the Sum of one Hundred Pounds, And if any Person 

 or Persons shall set any Net whatsoever in Ketchabanuck Channel 

 or within Thirty Rods of the Mouth of said Channel leading into 

 Quantuck Bay or out of said Bay shall forfeit the Sum of Ten 

 Pounds, Or if any Person or Persons shall set any Net or Nets in any 

 other Place in any of the Bays, Rivers or Creeks in the County afore- 

 said within four rods of another Net or Nets, and that with Meshes 

 less than three Inches Square, shall for each Offence Forfeit the Sum 

 of Five Pounds, which forfeitures shall be recovered with Costs of 

 Suit in any Court in this Colony, having Cognizance of the same, by 

 any Person or Persons who shall sue for the same, The one half of all 

 the forfeitures shall be paid to the Prosecutor or Prosecutors, and the 

 other half to be paid to the Treasurer of the said County, to be dis- 

 posed of by the Supervisors of said County, towards defraying the 

 Public Expense of the County, and for want of Estate to levy the 

 same, the Offender or Offenders shall be committeed to the common 

 Goal of the County wherein he shall be Convicted, thereto remain 

 until the Forfeiture or Forfeitures be paid, with Cost of Suit. 



Be it further enacted by the same Authority, That it shall be no 

 legal Objection or Disqualification against any Freeholder or In- 

 habitant in the said County, otherwise lawfully qualified as a Juror 

 or Evidence, to serve on any Jury or give Evidence in any Suit or 

 Suits that shall be brought by Virtue of this or the abovesaid Act, 

 notwithstanding the one half of the forfeitures are made payable in 

 the County Treasury,, and to be disposed of by the ^Supervisors as 

 aforesaid. 



Be it further enacted by his Honor the Lieutenant Governor, the 

 Council and the General Assembly, and it is hereby enacted by the 

 Authority of the same. That the abovesaid Act to prevent the De- 

 struction of Fish in the County of Suffolk, passed the Twenty fourth 

 Day of March in the Year of our Lord One Thousand Seven Hun- 

 dred and Seventy two, except the first enacting Clause shall be and is 

 hereby continued, and every Clause, Matter and Thing therein con- 



