Consolidating actions.

Appeals.

Public

buildings excepted.

Buffalo excepted.

When act takes effect.

Deer.

Traps for deer.

may also render personal judgment against or in favor of any party to the action. Costs for or against the parties litigant shall be in the discretion of the court.

§ 8. When separate actions are brought to foreclose liens against the same property, the court may, on motion, consolidate them.

§ 9. Appeals in actions to enforce liens, provided for in this act, may be taken in the same manner and within the time, and shall be governed by the same rules and practice as prevail in actions for the foreclosure of mortgages.

§ 10. Buildings and property used for public purposes are especially excepted from the operation or effect of this act.

§ 11. This act shall not apply to the city of Buffalo.

§ 12. This act shall take effect immediately.

Proceeding to enforce penalties for violation of game laws.

СНАР. 534.

AN ACT for the preservation of moose, wild deer, birds, fish and other game.

PASSED June 20, 1879; 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 kill or chase any wild deer in any part of the State, save only during the months of August, September, October and November in any year. No person, corporation, association or company shall sell, expose for sale, transport, or have in his or her possession, in this State, after the same has been killed, any wild deer or fresh venison, save only during the months of August, September, October and November. No person shall, at any time, in this State, kill any fawn during the time when it is in its spotted coat, or have in his or her possession the carcass or skin of any such fawn after the same shall have been killed. No person shali, in any part of this State, set any trap, spring gun or other device, at any artificial salt lick or other place for the purpose of trapping and killing wild deer. It shall not be lawful to pursue deer with dogs in any county of this State, except from the fifteenth day of August to the first day of November. It shall not be lawful

with dogs.

and

counties.

to pursue deer with dogs in the county of St. Lawrence at any time. Chasing It shall be lawful for any person to shoot or kill any dog while in actual pursuit of any deer in violation of the provisions of this act. It shall not be lawful for any person to kill, or cause to be killed, Suffolk any wild deer in the counties of Suffolk and Queens, at any time outs within five years from the passage of this act. Any person offend- Penalty. ing against any of the preceding provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each wild deer or fawn so killed, or pursued or trapped, and for every spring gun so set, or wild deer or fawn skin or fresh venison had in his or her possession, and may be proceeded against therefor in any county of the State in which the offender or prosecutor may reside.

§2. No person shall at any time or place within this State, take, Moose. chase with dogs, or kill any moose, nor shall any person sell or expose for sale or have in his or her possession, any moose after the same has been so taken or killed. Any person violating this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each offence.

deer.

§ 3. No person shall kill wild deer by crusting, or enter any place Crusting where wild deer are yarded with the intent to kill or destroy the same at any time. Any person offending against any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer so killed or destroyed.

goose or

§ 4. No person shall kill, or expose for sale, or have in his or her wild duck possession, after the same has been killed, any wild duck, goose or Brant. brant, in any of the waters of this State, between the first day of May and the first day of September, except that in the waters of Long Island none of said birds shall be killed between the first day of May and the first day of October. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each and every wild duck, goose or brant killed, or had in his possession; and any person who shall, at any time, kill any of said birds between sunset and day-light, or pursue or fire at any of said birds with the aid of any light or lantern, shall be deemed

Id., killing by swivel

gun, net or device.

guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each offence against this provision. And any person found between sunset and sunrise on the water with a gun and lantern in the act of attempting to pursue, fire at, or kill any such birds, shall be deemed guilty of a violation of this section. § 5. No person shall, at any time, kill any wild duck, goose or brant, with any device or instrument known as a swivel or punt gun, or with any gun other than such guns as are habitually raised at arm's length and fired from the shoulder, or use any net, device or instrument, or gun other than aforesaid, with the intent to capture or kill any such birds. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars. § 6. No person shall use any floating battery, machine or other device, whereby the gunner is concealed, for the purpose of killing any wild fowl, or shoot out of any such floating battery, machine or device, at any wild goose, brant or duck, in any of the waters of this State, or use any decoy or construct any bow-house, at a greater distance than twenty rods from the shore, for the purpose of shooting at or killing any such birds. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars Excepted for each offence. But nothing in this section shall apply to the waters of the Great South bay, west of Smith's point, or the waters of Peconic bay, or Shinnecock bay, or Lake Ontario, or the River St. Lawrence, or the Hudson river below Albany.

Floating batteries,

decoys, bow

houses, etc.

Penalty.

waters.

Killing from sail or steam vessels.

Quail.
Hare.

Rabbit.

§ 7. No person shall sail for any wild fowl, or shoot at any wild goose, brant or duck from any vessel propelled by steam or sails, or from any other structure attached to the same, in any of the waters of this State, except Long Island Sound, Lake Ontario, and the Hudson river below Nyack. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition shall be liable to a penalty of ten dollars.

§ 8. No person shall kill, expose for sale, or have in possession after the same has been killed, any quail, between the first day of January and the first day of November, except as hereinafter provided; no person shall kill or expose for sale, or have in possession

after the same has been killed, any hare or rabbit, between the first day of February and the first day of November, nor at any time kill or hunt any hare or rabbit with ferrets. This shall not prevent the owners or occupants of nurseries or orchards, in any of the counties of this State, from trapping or hunting hares or rabbits, with ferrets or otherwise, within the limits of said nurseries or orchards, or any forest or field adjoining such nurseries or orchards, and the possession of any hare or rabbit may be excused by any person proving the same to have been caught or killed within the limits aforesaid. No person shall kill any quail in the counties of Montgomery, Schenectady, Saratoga or Albany, within two years from the passage of this act. Any person violating either of the provisions of this section shall be deemed guilty of a misdemeanor, and, in addition thereto, shall be liable for any violation of the first provision to a penalty of twentyfive dollars for each quail, hare or rabbit so killed, exposed for sale, or had in possession.

[As amended by L. 1880, ch. 584.]

cock.

$9. No person shall kill or expose for sale, or have in his or her pos- Woodsession, after the same has been killed, any woodcock, between the first day of January and the first day of September, in the counties of Oneida and Herkimer, and in other parts of the State between the first day of January and the first day of August in each year, except as hereinafter provided. It shall not be lawful for any per- squirrel. son to kill or expose for sale, or have in his or her possession, after the same has been killed, any black or gray squirrel, between the first day of February and the first day of August in each year. Any person violating either of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird or animal so killed or had in possession.

§ 10. No person shall kill or expose for sale, or have in his or her Grouse. possession, after the same has been killed, any ruffed grouse, commonly called partridge; or pinnated grouse commonly called prairie chicken between the first day of January and the first day of September, except as hereinafter provided. Any person violating any of the provisions of this section shall be deemed guilty of a misde

Taking grouse or quail with net, trap,

etc.

Eagle, wood pecker,

song birds,

etc.

Robin, meadow

meanor, and in addition thereto shall be liable to a penalty of twentyfive dollars for each bird so killed or had in possession.

§ 11. No person shall, at any time or place within this State, take or kill any ruffed grouse, commonly called partridge, or any pinnated grouse, commonly called prairie chicken, or any spruce grouse, commonly called Canada partridge, or any quail, with any net, trap or snare, or set any such net, trap or snare for the purpose of taking or killing any of such birds; nor shall any person willfully sell, or expose for sale, or have in his or her possession any of the said birds after the same shall have been so taken or killed. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of ten dollars for each bird so taken and killed or had in his possession. And it shall be lawful for any person to take and destroy any such nets, traps or snares whenever found set.

§ 12. No person shall at any time, in this State, kill or expose for sale, or have in possession after the same is killed, any eagle, woodpecker, nighthawk, yellow-bird, wren, martin, oriole, or any song bird, under a penalty of five dollars for each bird so killed, exposed for sale, or had in possession.

[As amended by L. 1880, ch. 584.]

§ 13. No person shall kill, or expose for sale, or have in posseslark, star- sion after the same has been killed, any robin, meadow-lark or star

ling.

Id; exceptions.

Destroy

ing or robbing nests.

ling, save only during the months of October, November, December, under a penalty of five dollars for each bird so killed, exposed for sale, or had in possession.

[As amended by L. 1880, ch. 584.]

§ 14. The last two sections shall not spply to any person who shall kill any bird for the purpose of studying its habits or history, or having the same stuffed and set up as a specimen; or to any person who shall kill on his own premises any robins in the act of destroying fruit or grapes.

§ 15. No person shall willfully destroy or rob the nest of any wild bird, whatever, except crows, blackbirds, hawks, and owls, save only where it may be necessary to protect dwelling-houses or prevent their defacement. Any person violating this section shall be deemed