periods prohibited, and upon the complainant's giving security to be approved by such magistrate for the damage which the defendant in the case may sustain in consequence of the complaint, provided he shall be found not to have violated the law, shall issue his search warrant and cause search to be made in any house, market, boat, car, or other building, and for that end may cause any apartment, chest, box, locker, crate or basket to be broken open and the contents examined. § 40. All acts and parts of acts for the preservation of wild deer, Repeal birds, fish and game, including section two of chapter one hundred and eighty-three of the laws of eighteen hundred and seventy-five, are hereby repealed, except such acts and parts of acts as relate to the commissions of fisheries and the establishment of fishways, the construction of dams across the rivers of this State, the protection and preservation of shell fish, the incorporation of any company for the protection and propagation of fish and game, the election of bay constables, the laws conferring upon boards of supervisors special powers to legislate for the protection of fish, birds and game, and the laws regulating shad fishing; saving, nevertheless, so much of said act as may be necessary to sustain any right of recovery or condition thereunder for actions or prosecutions heretofore commenced. 41. This act shall take effect immediately. Section 40 of the [L. 1879, ch. 534, as amended by L. 1880, chs. 584 and 531. act of 1879, is deemed to have repealed L. 1865, ch. 642 (6 Edm., 559); L. 1871, chs. 721 and 831; L. 1872, chs. 65, 433, 595; L. 1873, chs. 353, 435, 436, 479 and 739; L. 1874, chs. 390, 409 and 511 (9 Edm., 187, 208, 324, 369, 610, 611, 619, 717, 905, 906, 964); L. 1875, chs. 183 and 277; L. 1876, ch. 346; L. 1877, chs. 411 and 421; and L. 1879, ch. 361.] СНАР. 531. AN ACT to amend chapter five hundred and thirty-four of the laws of eighteen hundred and seventy-nine, entitled "An act for the preservation of moose, wild deer, birds, fish and other game." PASSED May 31, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: [Sections 1-5 amend § 23, 24, 26, 27 and 37 of L. 1879, ch. 534, ante.] tinuance § 6. Any action brought or prosecuted by any district attorney Disconpursuant to the provisions of the act hereby amended, may be dis- of actions California trout. Clams; oysters. Penalty continued by such district-attorney, and neither costs nor disburse- [Sec. 8, which excepted the waters of Otsego lake from the provisions of this act, was repealed by L. 1881, ch. 416, which contains special provisions as to catching fish in that lake.] 9. This act shall take effect immediately. CHAP. 453. AN ACT to regulate the taking of clams and oysters in the waters of the State of New-York on the south side of Staten Island. PASSED May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No person shall, at any time in the evening or night between a half an hour after sunset and a half an hour before sunrise, dig up, catch, take away or remove, any clams, or oysters, whether of natural growth or planted, from the waters of the State of New-York, or the land or ground under such waters, at any point or place on the south side of Staten Island, lying between a line extending due south from the point known as the point of the beach at Great Kills, in the town of Southfield, Richmond county, and a line extending due south-west from Ward's Point in the town of Westfield, in said Richmond county.. § 2. Every person who shall violate the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than one hundred and not less than ten dollars, or by imprisonment in the county jail not less than ten nor more than thirty days. 3. This act shall take effect immediately. CHAP. 282. AN ACT for the preservation of lobsters. PASSED May 13, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whoever shall sell, or offer for sale, or have in posses- Lobsters. sion with intent to sell, any lobster less than ten and one-half inches in length, measurement to be taken from one extremity of the body to the other, exclusive of claws or feelers, shall, for every such offence, be subject to a fine of five dollars; and in all prosecutions under this act the possession of any lobster not of the length herein prescribed shall be prima facie evidence to convict. tion of § 2. All forfeitures accruing under this act shall be paid one-half Disposito the person making the complaint and one-half to the city or town penalty. where the offence was committed. 3. This act shall take effect on the first of June, eighteen When act hundred and eighty. takes effect. PROCEEDINGS RELATING TO THE PUBLIC HEALTH, HAWKERS AND TIONS. Health. justices in towns. 22. Any two justices of the peace, in any town of this State, Powers of may cause all persons who shall be sick of any infectious or pestilential disease, and not being residents of such town, by an order in writing, to be removed to such place of safety within the town, as they shall deem necessary for the preservation of the public health.(^) [1 R. S., 451, § 22 (1 Edm., 398); 1 R. S. (6th ed.), 1103.] (a) For the law of 1850, as amended in 1881, relating to boards of health in towns, of which the justices of the peace are members, see Appendix, pp. 576b, et seq. Proceed ings against hawkers, ing with out license. Hawkers and Peddlers. § 8. Any citizen may apprehend and detain any person who shall be found trading as a hawker or peddler, without license, or contrary etc.. trad- to the terms of his license, or who shall refuse to produce a license, in violation of the provisions of this title; and may convey the offender before any justice of the peace in the town or county in which he shall be apprehended. It shall be the duty of the overseers of the poor of the several towns of this State to enforce the provisions of the law in the manner herein prescribed whenever any violation thereof within their respective towns shall come to their knowledge. Id., justice warrant to Costs to defendant: Effect of refusal to show license. [MEMORANDUM. Since the enactment of L. 1880, ch. 72, a license is not required for hawking and peddling family groceries and provisions," although the produce, etc., of a foreign country.] § 9. It shall be the duty of such justice, if a sufficient license to authorize such trading be not produced to him, and the fact of trading be proved to him, either by the confession of the person so apprehended, or the oath of competent witnesses, to convict the offender of such offences against this title, as shall be so confessed or proved; and to issue his warrant on each conviction, directed to some constable of the county in which the conviction shall be had, commanding such constable to cause the sum of twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied by distress and sale, at public vendue, of the goods, wares and merchandise of the offender. The moneys collected on such warrant, exclusive of the costs, shall be paid by the justice, to the overseers of the poor of the town in which the offence shall have been committed. § 10. In every case of a prosecution against any person for the recovery of any penalty given in this title, no costs shall be allowed to the defendant, if it shall appear that before the commencement of the prosecution, such defendant had refused to produce his license, or to disclose his name when lawfully required; nor in such case shall the defendant be entitled to maintain any action, against the person prosecuting him, or the constable, or other persons by whom he may have been apprehended, or to the justice issuing any warrant or other process against him, or before whom he may have been tried, for any of their acts in so prosecuting, apprehending or trying him. tion. 11. No suit or prosecution for the recovery of any penalty imposed in this title, shall be maintained, unless it shall appear to be Limitabrought within sixty days after the commission of the offence charged. against tor. Treble 12. Every person who shall be sued for putting in execution Action this title, or doing any matter or thing pursuant to its provisions, prosecumay plead the general issue, and give the special matter in evidence; costs. and if the plaintiff in any such suit shall not prevail, the defendant shall be entitled to recover treble costs. [Preceding sections 8-12 are 1 R. S., 576, 577, §§ 8-12 (1 Edm., 534, 535). See Laws of 1840, ch. 70; and, also, L. 1880, ch. 72, allowing peddlers to sell foreign groceries and provisions without a license.] Absconding Parents. etc., ab sconding. 38. Whenever the father, or mother being a widow or living Father. separate from her husband, shall abscond from their children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public for their support, the overseers of the poor of the town where such wife or children may be, may apply to any two justices of the peace of any county in which any estate, real or personal, of the said father, mother, or husband, may be situated, for a warrant to seize the same. Upon due proof of the facts aforesaid, the said justices shall issue their warrant, authorizing the said overseers to take and seize the goods, chattels, effects, things in action, and the lands and tenements of the person so absconding. [23 B., 236; 21 W., 182; 44 B., 468.] warrant. 9. By virtue of such a warrant, the said overseers may seize and Effect of take the said property wherever the same may be found, in the same county; and shall be vested with all the right and title to the said property, which the person so absconding had, at the time of his or her departure. All sales and transfers of any personal property left in the county from which such person absconded, made by him, after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void. The overseers shall immediately make an inventory of the property |