TITLE 11. Provisions against ob out of chan waters adjacent to Staten-Island, and to the town of NewUtrecht. Same references, and Laws of 1822, 107. $ 18. No person shall make use of any fike-net, gill-net, structions hoop-net, set-net, or any other net or weir, nor set, drive or nel of Hud- place any hedge, stake, stone, post, pole, anchor, or any other son river. fixture, in any part of Hudson river, out of the channel thereof, between the city of New-York and the state dam at Fort-Edward, other than such as are permitted to be used or placed for the purpose of catching fish, in the next Title of this Chapter. Whoever shall violate either of the provisions of this section, shall, for every offence, forfeit the sum of twenty-five dollars, for the use of the poor of the city or town in which such offence shall be committed; and shall be liable to indictment for a misdemeanor, punishable on conviction, by a fine not exceeding five dollars, or by imprisonment in a county jail not exceeding thirty days, or by both such fine and imprisonment. [687] Use of cocolus indicus Laws of 1815, 148; 1828, 309 § 1. See Laws of 1841, ch. 65; 1839, ch. 349, 175, 112; 1837, ch. 153; 1829, ch. 314; 1849, ch. 411; 1844, ch. 248; 1855, ch. 556; 1845, ch. 243; 1836, ch. 127. TITLE XI. OF FISHERIES GENERALLY, AND PARTICULARLY IN HUDSON SEC. 1. Cocolus indicus not to be thrown into streams. 2. Penalty for violating last section. 3. Salmon not to be taken between certain days. 4. Fish not to be taken in certain waters on Sunday. 5 & 6. Fishing with seines or nets on Sunday in any waters, prohibited. 7. Drift nets not to be used, during certain months. 8. Fishing prohibited except on certain days. 9. Penalty for violating two last sections. 10. Penalty for spearing pike between Fort-Miller dam and Waterford. 12. Certain poles, &c. may be set in that river, out of its channel. 13. Penalties how applied; by whom sued for. 14. Laws concerning fisheries adjacent to Staten-Island. 15. Courts of common pleas may regulate fishing. 16. Orders not to continue in force more than three years. 17. Not to be made or altered, without application of six freeholders. 18. Notice of application for any order, &c. how to be given. 19. Orders to be entered in minutes of court; to be published. 20. Orders to take effect after such publication. 21. Expenses of application, &c. by whom to be paid. S1. No person shall put, cast, or throw, into any of the prohibited. Waters of this state, for the purpose of taking or destroying any fish being in any of said waters, any of the berry commonly called cocolus indicus, whether it be mixed with any other substance or not. Laws of 1822, 225, § 12. TITLE 11. § 2. Whoever shall violate either of the provisions con- Penalty. tained in the preceding section of this Title, shall, for every offence, forfeit the sum of twenty-five dollars. S3. No person shall catch, take, or destroy, any of the fish usually called salmon, in any of the waters of this state, between the twentieth day of October, in any year, and the first day of February thereafter; and whoever shall violate the provisions of this section, shall for every offence, forfeit the sum of ten dollars. Laws of 1816, 188, § 2. $ 4. Between the same periods, in any year, no person shall fish with seines, or set, or draw, or raise any sort of nets, or in any manner take fish, in any of the waters of this state, at or below the city of New-York, after the setting of the sun on Saturday of each week, until the rising of the sun on Monday following. Penalty for taking sal mon at cer tain times. When fish taken on not to be Sunday. Fishing with seines, Sunday. $ 5. No person shall fish with seines, or set, or draw, or raise, any sort of nets, in any of the waters within this state, &c., on between twelve o'clock at night of Saturday, in each week, and twelve o'clock at night of the following Sunday. Laws of 1815, 149, § 4; 1816, 188, § 2; 1822, 108, § 4. violating sections. $6. Every person who shall violate either of the provisions Penalty for of the two last preceding sections, shall for every offence, two last forfeit the sum of twenty-five dollars, but shall not be liable to any penalty imposed in the eighth Title of this Chapter. $7. During the months of March, April or May, in any year, no person shall use or employ any drift-net, in any of in certain the waters of this state, at or below the city of New-York. Laws of 1815, 149, § 4 & 6. [688] Drift-nets waters. Saratoga or falls. S8. During the same months, in any year, no person shall Fishing at fish in any manner, on Saratoga or Fort-Miller falls, except Fort-Miller on Monday, Friday and Saturday, in each week. $9. Whoever shall violate either of the provisions of the Penalty for two last preceding sections, shall for every offence, forfeit the two last sum of twenty-five dollars. violating sections. $10. No person shall spear any fish commonly called pike, e in cerpike in the waters of the Hudson river, between the Fort-Miller dam tain place. and the village of Waterford; and whoever shall violate this provision, shall forfeit, for every offence, the sum of ten dollars. Laws of 1827, 97. nets may be parts of river. S 11. Hoop-nets, fikes, or set-nets, may be used for catching Certain fish in Hudson's river, on the flats, and along the flats and used in shores between the city of New-York and the state dam at Hudson Fort-Edward, provided they be constructed with buoys not exceeding four feet in length, and two feet in diameter; but such hoop-nets, fikes, or set-nets, shall not be used in the channel of said river, nor in any place that was occupied, or used, prior to the eleventh day of April, one thousand eight hundred and fifteen, for the purpose of drawing seines. Laws of 1815, 148, § 1 & 2. TITLE 11. Poles, &c., therewith, 12. Such poles, stakes, or timber, as may be necessary in connected fishing with the hoop-nets, fikes, or set-nets authorised in the may be set, preceding section, may be set in any part of Hudson's river, out of the channel thereof, between the points mentioned in the last preceding section, provided the navigation of said river be not thereby obstructed or endangered. &c. Suits for penalties. This title to Staten S13. All penalties imposed in the preceding sections of this Title, shall be for the use of the poor, and shall be sued for and recovered by the overseers of the poor of the city or town in which the offence shall be committed. $ 14. Nothing contained in the preceding sections of this not to apply Title shall be construed to affect any special provisions heretofore made by law, and now in force, concerning the fisheries in the waters adjacent to Staten-Island. Island. Powers of common pleas to regulate fisheries. [689.] To prescribe penalties. Duration of orders, &c. Pre-requi order. $ 15. The courts of common pleas in the several counties of this state, shall have power to regulate the fishing in any of the streams, ponds, or lakes, in their respective counties; and to make such order and rule to prevent the destruction of fish therein, as they shall deem proper; and from time to time to remove any restriction against fishing therein, heretofore imposed by law, except the restriction against fishing on Sunday, herein before provided. They shall also have power to prescribe such penalties for the violation of any such order or rule, not exceeding twenty-five dollars for each offence, as they shall deem proper. This and the remaining sections of this Title, are taken, with some variations, from Laws of 1826, 246, § 1, 2, 3. 16. No such order or rule shall be made, at any one time, to continue in force for any longer term than three years; and every such rule or order may, from time to time, be altered, modified, or annulled by such courts, in their discretion. $ 17. No such order or rule shall be made, except upon the site to any application of at least six freeholders of the town or towns in which such stream, pond, or lake, is situated, nor shall any such order or rule be altered, modified, or annulled, except upon the like application. Notice of $ 18. Before the making of any such application, a notice, application signed by the persons making the same, and setting forth the for order. object of the intended application, and the time when the same is to be made, shall be posted up on the outer door of the court-house of the county in which such stream, pond, or lake is situated, at least three weeks before the making of such application, and shall be published three weeks successively in one of the newspapers printed in such county, or if there be no newspaper printed therein, then in the newspaper printed nearest to the stream, lake, or pond, mentioned in the notice. And before the court shall proceed, to make, alter, modify, or annul any such order or rule, due proof shall be produced of the posting and publishing of such notice as herein required. Orders to be posted and S 19. Every such order or rule, when granted, shall be TITLE 12 entered at length by the clerk of the county, in the minutes entered, of the court, kept by him; and a certified copy thereof shall published. be immediately posted by him on the outer door of the courthouse of the same county, and continued for six Mondays successively, after the granting of such order or rule. Such copy shall also be published for three weeks successively in a newspaper, as provided in the last preceding section. ders to take $ 20. After such order or rule shall have been duly posted When orand published for the period above prescribed, it shall be effect. binding on all persons; and every person who shall violate the same, shall, for every such offence, forfeit the sum prescribed therein, for the use of the poor. by whom $21. The costs and expenses incident to every application Expenses, for any such order or rule, shall be paid by the persons who paid. shall have signed the notice of the application. See Laws of 1831, ch. 203; 1840, ch. 267; 1845, ch. 31; 1849, ch. 194; 1851, ch. 478; 1857, ch. 497; ch. 290; ch. 732; ch. 514; 1858, ch. 163. SEC. 1. Wrecked property to be recovered by owners. 2. Sheriffs, coroners and wreck-masters to take charge of wrecks. 3. When wreck may be sold. 4. Sale how to be made; proceeds to whom paid. 5. Upon claim, order for wreck or its proceeds to be granted. 6. Bond to be given previous to order. 7. Where to be filed; when to be prosecuted. 8. Owner may sue for property, although claim rejected. 9. Person having wreck, to state claim for salvage. 10. Duties of wreck-masters. 11. Officers and citizens to aid them, when required. 12. Officers, &c., entitled to salvage and expenses. 13. Extent of salvage. 14 & 15. If salvage, &c., not settled, appraisers to be appointed. 16. Appraisers to be sworn; their powers; effect of their decision. 17. Appraisers' fees and expenses, by whom paid. 18. When wrecked property to be sold and proceeds paid into treasury. 19. Last section to apply to proceeds of property sold. 20. Notice of sale of wrecked property to be published in New-York. 21. Officer having custody of wrecked property, to publish notice. 22 & 23. Contents of notice; expense of publishing how defrayed. 24. Penalty on officers violating provisions of this Title. 25. Penalty on persons for not delivering to officers. 26. Punishment for defacing marks, &c., or destroying invoices, &c. 27. Officers to complain of offenders to grand jury. &c., of $1. No ship, vessel, or boat, nor any goods, wares, and owners, merchandize, that shall be cast by the sea upon the land, shall wrecked be deemed to belong to the people of this state, as wrecked property to property, but may be recovered by the owner, consignee, or same. person having the charge thereof, at the time of the happening recover TITLE 12. Powers and duties of of the disaster by which the wreck was occasioned, upon the payment of a reasonable salvage, and necessary expenses. This Title is founded upon the act at p. 68, 1 R. L., from which it differs essentially in the details; 7 N. Y., 558; 7 B., 116; 3 B., 207. $ 2. The sheriff, coroners and wreck-masters of every county in which any wrecked property shall be found, when and wreck. no owner, or other person entitled to the possession of such sheriffs, coroners masters. Proceedings for sale of wreck. [691] Sale; pro ceeds how property, shall appear, shall severally have power, and it shall be their duty, to pursue all necessary measures for saving and securing such property; to take possession thereof, in whose hands soever the same may be, in the name of the people of this state; to cause the value thereof to be appraised by indifferent persons; and to keep the same in some safe place, to answer the claims of such persons as may thereafter appear entitled thereto. $ 3. If the property so saved shall be in a perishable state, so as to render the sale thereof expedient, it shall be the duty of the officer in whose custody the same shall be, to apply to the first judge of the county, by a petition supported by an affidavit of the facts, for an order authorising such sale; and if the judge to whom such application shall be made; shall be satisfied that a sale of the property would be most beneficial to the parties interested, it shall be his duty to make the order so applied for. S4. If such order be made, the officer having custody of disposed of the property directed to be sold, shall sell the same at public auction, at the time and in the manner that shall be specified in the order, and the proceeds of such sale, deducting the expenses thereof, as the same shall be settled and allowed by the judge making the order, shall be paid to the treasurer of the county in which the property shall have been found. Order for wreck or claimant year. S5. If within a year after such wrecked property shall have proceeds to been found and saved, any person shall claim the same or the within one proceeds thereof, as owner or consignee, or as the agent of the owner or consignee, and shall establish his claim by evidence, which the first judge of the county shall deem to be satisfactory, it shall be the duty of such judge to make an order directing the officer, in whose possession such property or the proceeds thereof shall be, to deliver or pay the same to the claimant, upon the payment by him of a reasonable salvage, and all necessary expenses incurred in the preservation and keeping of such property. Bond to be given. Its condition. S6. No such order shall however be made, unless the claimant shall deliver to such judge a bond, with one or more sufficient sureties to be approved of by the judge, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within two years after the date of such bond, by any person establishing his title as owner of the property, or proceeds, to be delivered. The |