Fish how to he salted Penalty for VII. And be it further enacted, That every barrel of fish put up and inspected, and branded, "pickled herring," (or other fish, as the case may be,) shall contain one half bushel good salt, and every barrel put up and inspected" corned herring," (or other fish, as the case may be) shall contain twleve quarts of good salt: And further, that every barrel of salmon-trout or salmon, shall contain two hundred pounds weight, and every half barrel one hundred pounds weight; and it shall be the duty of the inspector to mark or brand on one head of every cask containing salmon or salmon-trout, the weight of the same: And further, That it shall be lawful for the inspector to mark the quality of fish by him inspected, by numbering one, two, and three, on the head. VIII. And be it further enacted, That if any person or persons intermixing shall intermix, take out, or shift any fish of any barrel or cask, containing fish inspected and branded, as by this act required, or put into any barrel or cask, inspected and branded, any other fish for sale or exportation; or alter the face or change the brand, or mark of any inspector, contrary to the true intent and meaning of this act, the person or persons so offending, shall for every barrel or cask, forfeit and pay the sum of twenty-five dollars, to be sued for and collected as aforesaid. Wish how to IX. And be it further enacted, That it shall be the duty of the be inpected inspector appointed by virtue of this act, to inspect all fish offered for inspection, by opening one of the heads of each barrel, and if the same is, found to contain sound and merchantable fish, with a sufficient quantity of salt, he shall then brand his name on the head of such barrel, and the place of his residence ; and if the fish are found unsound or not merchantable, the same shall be destroyed by the inspector; and if the barrel is not full, or does not contain a sufficient quantity of salt, then and in that case, the said inspector shall fill the same with sound and merchantable fish, or add such quan tity of salt as may be necessary, as the case may be, for which the said inspector shall be allowed a reasonable compensation, and the amount thereof, together with the fees for inspection, shall be a lien upon the fish so inspected: And further, the inspector shall be allowed the same fees for condemning fish as for branding, together with a reasonable allowance for destroying them, to be paid by the agent or owner of such fish. # Seend and un' X. And be it further enacted, That if it shall appear to the inbe separated Spector, that a part of the fish are sound and a part unsound, it shall be lawful for the inspector to separate the sound from the ursound, and repack, 'fill up, salt, inspect and brand the same. Inspectors To take an oath XI. And be it further enacted, That the inpector shall be allowed for every barrel of fish, by him repacked and inspected, thirtyseven and a half cents; and for every half barrel, nineteen cents; and for every barrel or half barrel, by him inspected and not repacked, twelve and a half cents; and the said inspector shall be allowed a reasonable compensation for cooperage by him performed. XII. And be it further enacted, That the inspector and his deputies, shall, before entering upon the duties of the office, take and subscribe before any officer authorised to administer the same, the oath prescribed by the constitution of this state; and if any inspector shall be guilty of any fraud, or neglect in inspecting any fish, or be guilty of any malpractice or connivance in the discharge of his duties. Penalty for ontrary to the true intent and meaning of this act, he shall be subct to a fine, of not less than five dollars nor exceeding fifty dollars, be sued for and collected as aforesaid, and on conviction, shall Forfeit his office. XIII. And be it further enacted, That if any person or persons resisting this hall resist, or in any manner prevent the inspector or his deputy act om seizing or taking any fish, in pursuance of the fifth section of is act, he or they shall forfeit and pay the sum of twenty-five dollars, to be collected as aforesaid, and shall be liable to be indicted and punished as for misdemeanor. pas repealed XIV. And be it further enacted, That from and after the Former acts sing of this act, all former acts relating to the inspection of fish, in said county of Jefferson, be and they are hereby repealed. CHAP. CCXXI. AN ACT for the Relief of Mary Doxtater, and for other pur poses. Passed April 23, 1823. Duty of the Proviso BE it enacted by the People of the State of New-York, repre- land office sented in Senate and Assembly, That it shall be lawful for the commissioners of the land office, and they are hereby required to confirm the Indian title to Mary Doxtater, of the tribe of Indians, settled on a tract of land called New-Stockbridge, the land in said tract as was laid out for her, by the said Indians, or the Indian right thereto, which she may have purchased or inherited; Provided, That the same in the whole shall not exceed three hundred acres of land, and such land shall be confirmed to her, and her heirs, without the power of alienation: And further, That the said Mary Doxtater, shall make further proof from the town records of NewStockbridge, to the surveyor-general, that she has purchased the said Indian title in an honest and equitable manner, before she shall be entitled to letters patent as aforesaid. CHAP. CCXXII. AN ACT respecting Taxation of Costs, signing Records, and granting Orders in vacation, in the Counties of Steubert and Cattaraugus. Passed April 23, 1823 I. BE it enacted by the People of the State of New-York, repre S. Barnard sented in Senate and Assembly, That it shall be lawful for Selah may tax cost Barnard, one of the judges of the court of common pleas, in and for the county of Steuben, and he is hereby authorised to tax costs, and sign records in the cases provided for, and confined to the first judge by the eleventh section of the act entitled "An act to prevent abuses in the practice of the law, and to regulate costs in certain. cases," passed April 21, 1818. 274 Hi further powers G. E. Warn er vested with like powers II. And be it further enacted, That it shall be lawful for the said Selah Barnard, and he is hereby authorised and empowered to make such orders in vacation in the said court, as the first judge of any county, is by law authorised and empowered by law to make and grant. III. And be it further enacted, That it shall be lawful for Griswold E. Warner, one of the judges of the court of common pleas, in and for the county of Cattaraugus, and he is hereby authorised and empowered, to tax costs and sign records, in the cases provided for and confined to the first judge, by the eleventh section of the act, entitled "An act to prevent abuses in the practice of the law, and to regulate costs in certain cases," passed April 21, 1818, and to make such orders in vacation in the said court of Cattaraugus county, as the first judge of any county is by law authorised and empowered to make and grant. Fishing in certain wa ters prohibit ed Regulation CHAP. CCXXIII. AN ACT for the Prescrvation of Fish in certain Waters. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for any person or persons to take or catch, or cause to be taken or caught, by any device whatever, any of the species of fish called trout, within the waters of Lake George, or at the outlet of the creeks emptying into the same, for the distance of half a mile, between the first day of November and the fifteenth of December, in each and every year, after the passage of this act; and every person offending therein, shall, for every such offence, forfeit the sum of ten dollars, to be recovered in an action of debt, in any court having cognizance thereof; the one half of which forfeiture, when recoverered, shall be paid to the overseers of the poor of the town where such offence was committed, for the use of the poor thereof, and the other half to the person prosecuting for the sanie. II. And be it further enacted, That whenever any person or perin trout, &c sons who have or shall at any time hereafter, put or place any of the fish called pike, pickerel, or trout, into any pond or lake in the county of Greene, into which they have not previously been placed, and shall make the fact of placing such fish there known, by putting up notice thereof at three public places, in the town in which the lake, or pond may be situate, it shall not thenceforth be lawful for any person or persons to fish in any such pond or lake, nor the outlet thereof, for the distance of half a mile, at any time within three years after said fish shall be so placed or put in the said pond or lake; and if any person shall so fish within the period aforesaid, he or she shall forfeit for every offence, the sum of ten dollars, to be recovered before any justice of the peace, with costs of suit, by and in the name of any person who may have so put or placed the said pike, pickerel or trout, in such pond or lake. III. And be it further enacted, That it shall be lawful for Elisha Fishing in Odel lake Shelden, John Odel, Ebenezer Hubbard, and such other persons as shall associate with them, for the purpose hereinafter provided for, 12. for OF led or any of them, to introduce any valuable fish into a lake in the any fish Fishery in and Broome ware. V. And be it further enacted, That it shall not be lawful for any and in Otsego person or persons, at any time after the passage of this act, between and Dela. the first day of May and the first day of December, to take by means of any seine or seines, net or nets, in the streams called the Charlotte and Schenevas creeks, situate in the counties of Otsego and Delaware; and every person so offending, shall, for each and every offence, forfeit the sum of ten dollars, with costs of suit, to be prosecuted for, recovered, and paid in the same manner as directed in the first section of this act. repealed and entitled "An act for Certain act ego lake," passed provision repealed, from and ecutions, &c. VI. And be it further enacted, That the act made as to ex Part of third act repealed CHAP. CCXXIV. AN ACT to amend an act, entitled, “An Act altering the terms of the Courts of Common Pleas, and General Sessions of the Peace, in the Counties of Albany and Columbia, and granting an additional Term of said Courts," passed March 14th, 1817, and altering the the Terms of the Courts in the County fo Delaware. Passed April 23, 1823. I. BE it enacted by the People of the State of New-York, resection of an presented in Senate and Assembly, That from and after the passing of this act, so much of the third section of the above entitled act, as authorises the holding a court of common pleas in the county of Columbia, on the last Monday of August in each year, be, and the same is hereby repealed. Courts in DeJaware Proviso Provision as to return of ¡ process &c Bridge to be Built II. And be it further enacted, That after the next May term, the courts of common pleas and general sessions of the peace, in and for the county of Delaware, shall be held on the third Tuesdays of October, February, and June, in every year, and continue to be held open from day to day, Sunday excepted, till the business before the court shall, in the opinion of the judges thereof, justify an adjournment to the next term: Provided, That no grand jury shall be summoned to attend at any such court of gensral sessions of the peace, except at the February term. III. And be it further enacted, That all process and recognizances returable, and all persons bound to appear at the next court of general sessions of the peace in said county, shall be returned; and such persons shall appear at the next court of oyer and terminer, to be held in and for said county, in the same manner as if they had been taken, or bound to appear for, and at said court; and the same shall be, in all respects, as valid in law, as if they had been at first issued or taken for the court of oyer and terminer. CHAP. CCXXV. AN ACT authorising Amos Bird, Joseph Foster, Nathaniel Passed April 23, 1823. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawfal for Amos Bird, Joseph Foster, Nathaniel Bird, Russel Goodrich, and William W. Morsman, to build a bridge over Eighteenmile creek, in the town of Hamburgh, in the county of Erie, at or near the place where the lake road now crosses the same; which bridge shall not be less than twenty feet wide, and shall be built in a substantial and workman like manner, and within two years from the passing of this act, be so far completed as safely to admit the passage of loaded waggons or other carriages. |