APPENDIX. 471 



kalonge between the 1st day of January and the 1st day of May, under a pen- 

 alty of five dollars for each fish so taken or had in possession. 



NETS, TRAPS, ETC. 



SEC. 17. No person shall at any time take any fish with a net, spear, or 

 trap of any kind, or set any trap, net, weir, or pot, with intent to catch fish, in 

 any of the fresh waters of this state, except as hereinafter provided ; and any 

 person violating the provisions of this section shall be deemed guilty of a mis- 

 demeanor, and shall likewise be liable to a penalty of twenty-five dollars for 

 each offense ; but suckers, catfish, eels, whitefish, shad, and minnows are ex- 

 empted from the operation of this section ; Provided, however, That nothing 

 in this section shall be so construed as to legalize the use of gill-nets in any 

 of the fresh waters of this state. But in the waters of Otsego Lake, seines 

 may be used from the first day of March to the last day of August, and gill- 

 nets may be used during the months of July and August ; but no such seine 

 or net shall have meshes less than one inch and three quarters in size. 



VIOLATION. 



SEC. 18. No person shall sell, expose for sale or purchase, or have in his or 

 her possession, any fish taken contrary to the provisions of this act, under a 

 penalty of five dollars for each fish so sold, exposed for sale, purchased, or had 

 in possession, with intent to violate the provisions of this act. 



TRESPASSING. 



SEC. 19. Any person trespassing on any lands for the purpose of taking 

 fish from any private pond, stream, or spring, after public notice on the part 

 of the owner or occupant thereof, or of said lands, not to so trespass, shall be 

 deemed guilty of trespass, and in addition to any damages recoverable by 

 law, shall be liable to the owner, lessee, or occupant in a penalty of twenty- 

 five dollars for each offense. 



HOW PENALTIES ARE RECOVERED. 



SEC. 20. All penalties imposed under the provisions of this act may be re- 

 covered, with cost of suit, by any person or persons in his or their own names, 

 before any justice of the peace in the county where the offense was commit- 

 ted or where the defendant resides ; or when such suit shah" be brought in the 

 City of New York, before any justice of any of the District Courts or of the 

 Marine Court of said city ; or such penalties may be recovered in an action 

 in the Supreme Court of this state, by any person or persons, in his or their 

 own names ; which action shall be governed by the same rules as other ac- 

 tions in said Supreme Court, except that in a recovery by the plaintiff or plain- 

 tiffs in such suit in said court, costs shall be allowed to such plaintiff or plain- 

 tiffs, without regard to the amount of such recovery; and any District Court 

 judge, justice of the peace, police, or other magistrate, is authorized, upon 

 receiving sufficient security for costs on the part of the complainant, and suffi- 

 cient proof by affidavit of the violation of the provisions of this act, by any 

 person being temporarily within his jurisdiction, but not residing therein, or 



