Author: Pennsylvania State Commissioners of Fisheries

Title: Report of the State Commissioners of Fisheries for
the year...

Place of Publication: Harrisburg

Copyright Date: 1887/1888

Master Negative Storage Number: IVINS# PSt SNPaAg235.6

1 887/1 888

REPORT

OF THE

STATE COMMISSIONERS

\

OF

FISHERIES,

• I .' r

FOR THK

YEARS 1887 AJS^D 1888.

II ARRISBURG :

EDWIN K. METERS, STATE PRINTER.
1890.

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FISH COMMISSIONERS OF PENNSYLVANIA.

PSESIDENT,

HENRY C. FORD, 1823 Vine street, PhUadelphia.

8ECBETABT,

H. C. DEMUTH, Lancaster

CORRESPONDING SECRETARY,

JAMES V. LONG, 75 Fil'tli avenue, Pittsbui-^h.

TREASURER,

W. L. POWELL, Haiiisbiirff.

8. B. STILWELL, Scranton.
A. S. DICKSON, MeadviUe.

95787

Official Document,

No. 15.

REPORT

OF THE

State Commissioners of Fisheries.

To His Excellency James A. Beaver, Governor of the CommomveaUh of

Pennsylvania :

Sir: The Pennsylvania State Commissioners of Fisheries have the
honor to submit their report for the year from June, 1887, to June, 1888.

It has afforded the Commission much gratification to see the steady
and rapid development of public sentiment in favor of the object for
which it was created.

The people realize that fish propa^ration is no long"er an experiment.
Hundreds of depleted trout streams now restored to i^ood condition
and filled with fish attest the success of restocking. Larg-e numbers of
carp ponds, with their prolific tenants, ^ve to our agi-icultural popula-
tion removed from the larger streams and rivers of oui- Commonwealth,
food fishes for domestic consumption and profit.

The increase in the catch of shad in the two great rivers of the Com-
monwealth, the Susquehanna and Delaware, bears witness to tlie bene-
ficial results of tlie artificial propagation of this delicious fish, and indi-
cates a future plentiful supply that will cheapen its price to all.

Nor must we forget the wonderful increa.se in the catch of whitefish in
Lake Erie, where, as late as tlie year 1885, the supply was so nearly ex-
hausted that the fishermen most largely engaged hesitated to embark in
an enterprise that promised but scant and profitless returns. This re-
sult is directly traceable to the great plants of fiy in that lake by the
hatcheries of Pennsylvania and those of the neighboring states border-
ing on the lake.

The yield of whitefish in Lake Erie during the past season has been

gieater than the yield of any season for the past twenty years, and

larger than the combined catch of all the other great lakes, and brought

to our city of Erie alone, a return of over three himdred thousand dollars

1 Fish.

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State Commissioners of Fisheries.

8

So weU convinced are the fishermen of that city of the benefits ac-
cruing to them from the work of the Commission that they give the Com-
mission their tugs fi-ee of expense to plant the young fry in the portions
of the hike best adapted to their matm-ing. \Vlien practical benefits
hke these are the outcome of the Commission's work it is not surprismg
that the citizens of the Commonwealth are quick to appreciate the im-
portance of the Commission's efforts and show an avidity to avail them-
selves of its aid that would hardly have been deemed possible a few

years since. i ^ i, •

AMiile this constant and increasing demand for fry and stock lish is
gratifying to the members of the Commission, it adds very materially to
the labors of a body whose only recompense is enthusiasm in their work
and a desire to benefit their fellow citizens in the matter of a better sup-
ply of food fishes. In the New York, Michigan and other Commissions,
the work is made hghter by a division of labor that relieves its members
of the necessity of severe clerical exertion.

The fishery correspondence of a State with five millions of inhabitants,
filled witli thousands of streams, in addition t(3 hundreds of ponds and
inland waters, is something onerous, and should not be wholly imposed
on citizens willing to give their attention freely to its interests without

remuneration. . 1.1 i. ii

At the inception of the present Commission it was evident that tliey
were unanimously of the opinion that fish protection should guard fish
l)ropagation. Of what use was it to stock our streams when the causes
that depleted them were still in existence? To fill the trout streams
with fry, the rivers with shad and other fish, while the illegal d(>vices
that destroyed both increase and mature fish still kept up their deadly
work, was an effort likely to be as futile as trying to fill a sieve with water.
Notices were sent out warning all parties to remove the many fish-
baskets and other illegal devices that filled our rivers, and as these
waiiiings were in many cases unheeded, the Commission resolved to take

the work in hand.

In the Delaware the baskets and weirs have been entirely destroyed,
and there are now none in that river from the New York State line to
tidewater. This work was materially aided by the cooporaticm of Hon.
F. M. Ward, th(» New Jersey Fish Commissioner for the upper portions
of that State. The New York Commission, aware of the importance of
the work, detailed their game protectoi-s to operate in conjunction with
Mr. Jess(; M. Miller, the efticient warden of the Delaware from Hancock

to Port Jervis.

This work was not accomplished without danger or difficulty. Mr.
Moses \V. Van Gordon, the warden of the liver from Port J(n•^'is to the
Watcn- Gap, was fired upon hi the prosecution of his duties. The prompt
arrest of tli(^ ()ff(^nder was followed by the destruction of his fish-weirs,
and eifectually deterred those who threatened similar action.

From the Water Gap to Trenton the river has been kept clear by the
vigilance of Mr. John J. Bnice, of Easton. These wardens now consti-
tute a patrol of the river, rendering it difficult for any to evade the law,
should they be so inclined.

In the Susquehanna, from the nature of the river, being very broad
and in many places full of islands, it has been more difiicult to extirpate
the fish-baskets than in the Delaware. The number, from the length
and diversity of the stream and its branches, has been greater than in
the etistem river. Commissioner S. B. Stilwell, of Scranton, has done
yeoman's work in the North Branch, while Commissioners AV. L.
Powell, of Harrisburg, and H. C. Demuth, of Lancaster, have destroyed
himdreds in the main river. AVe trust it will be but a short time when
the fish-weii- in the State will be spoken of as a barbarism of the past.

In the completion of this work the commission has found itself impeded
by the laxity of prevailing laws, the confusion of conflicting enactments
and hindrances in the way of prompt in-osecution.

The code of fishing laAvs in some instances seems better designed for
the escape of the offender than for the benefit of the prosecutor.

This remissness of legislation is more particularly noticeable in regard
to jurisdiction over the Delaware River. A boundary stream between
the three great States of Pennsylvania, New York and New Jersey, it
has been a neutral ground in which violations of the fishing laws could
be practiced almost with impunity, since any law enactetl by one State
in reference to it was difficult to enforce unless made concuirent by con-
firmative legislative action in the other.

To remedy this anomalous state of affairs the Commissions of Penn-
sylvania, New Jersey and Delaware held several meetings in Philadel-
phia and formulated a code of hiws that would be uniform for the entire
river. At a conference with the New Y'ork Commission a similar bill
was submitted and endorsed l)y them. All these interstate bills are at
l)resent before the legislatures of their respective states, and it is earn-
estly hoped they will be passed.

Their design is principally to define a close season throughout the
river for shad; to designate a close season for stiu'geon, hitherto unpro-
tected below Trenton Falls ; to guard for a limited time new species of
of f(K)d fish recently introduced into the Upper Delaware, and to pro-
tect the shad spawning ground of the river above tidewater. AVith
these ends accomplished, and with judicious yearly stocking, the future
fishing interests of the river will be assured.

The United States Fish Commission, during the last season, stationed
the steamer "Fish Hawk" in tlu; Delaware, and from the shad hatchery
on that vessel, in conjunction with the messengers of the Peimslyvania
Commission, thirty -five million shad have been distributed in the Dela-
ware and its tributaries. As the young fry remain in the upper waters
of the river until August and September before seeking the sea, th >

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State Commissioners of Fisheries.

greater portion of this number was placed in the river between the New
York State line and Lambertville.

Immense numbers of these young fish were formerly destroyed on
their seaward journey by the fish-weirs. Now that this nuisance has
been abated, with illegal fishing controlled by statute, the Delaware
may soon assume its former rank as the best shaxl-producmg river m

the United Spates. • m i i

From the United States station in Havi-e de Grace a similarly large
amount of shad fry has been planted in the waters of the Susquehanna.
The construction of six additional fishways, of the Roger's pattern, m the
dam at Columbia by this Commission, at an expense of six thousand
three hundred and fifty dollars, has opened up that river for the as^nt
of shad to the Clark's Ferry dam above the mouth of the Juniata. The
latter river is also now accessible to these fish. The Commission hope
soon to place fishways in the upper dams of the Susquehanna, which
will again give the inhabitants along the stream a fish that these ob-
structions have hitherto banished.

In early days, before any dams hindered their upward progress, shad
were taken in the North Branch of the Susquehanna beyond the New

York State line.

If the fishways are as successful as we hope they will be, the time will
come when shad will again be caught in the northern reaches of the

river.

As long ago as 1803, the necessity was seen of pr(mding means for
fish to ascend or descend obstacles in the streams or rivers of the Com-
monwealth, and a hiw was then passed making it incumbent on the
oNniers of mill dams to supply such facilities, under a heavy penalty in
case of iK^glect. This law is in force to-day, though the Delaware, Le-
high and Schuylkill are exempted from its control.

There is but one dam on the Delaware river to interfere with the up-
ward run of shad. It is that of the Delaware and Hudson Canal Com-
pany at Lackawaxen. If the water is at a low stage dining the shad
season the fish cannot surmount the dam, and large numbers are taken
in the pools near it. The people on both sides of the river have peti-
tioned the Legislatures of rennsylvania and New York, asking for the
construction of a fishway in this dam. The commission have, therefore,
requested an appropriation of two thousand five himcbed dollars for this
purpose, provided that a similar amount is giantedby the State of New
York. A fishway at this point will open one hunched miles more of the
river to the run t)f shad.

In addition to stocking the streams and ponds with trout and carp the
commission has planted two huntbed black bass in Couneaut Lake
through the agency of Mr. A. S. Dickson, the Commissioner at Mead-
ville. " Black bass were also placed in many streams on the application
of citizens.

One thousand two hundred mature rock bass were also secured from
Lake Erie and deposited in the Susquehanna, Lehigh, Schuylkill and
Delaware rivers. As these fish are hardy and prolific their successful
propagation is merely a question of time.

A large number of wall-eyed pike or Susquehanna salmon were trans-
planted to the Delaware at the Water Gap. As these excellent fish are
very plentiful in the Susquehanna, there is no reason why they should
not thrive equally as well in the upper Delaware, wihere physical and
climatic influences are the same as in the first named river.

Arrangements have been completed whereby the large-mouth black
bass will also be planted in the principal rivers of the State, thus fur-
nishing an addition to the food fish of the Commonwealth.

The Commission has had its attention called to the fact that though
they have eradicated most of the illegal devices existing in the Susque-
hanna in its course through Pennsylvania, that river is filled with fish-
weu'S in its passage of fourteen miles through Maryland to the Chesa-
peake, which are protected by the laws of that State.

It is an m justice to the citizens of this Commonwealth, to the United
States Commission and to the Pennsylvania Commission that their
efforts to stock the river with shad and game fish should be in a measure
thwarted by the obstmcted condition of tlie stream in a neighboring
state.

Letters have been addi'essed to the Maryland Ct)mmission on the sub-
ject, but so far have met with no resi^onse. A conference with the
Maryland Commission would call their attention more directly to the
evils complained of and lead to their abolition, and measures will be
taken to accomplish this.

As the field of fish cultiu'e and fish propagation is constantly broad-
ening and increasing, the wants of the Commission must also increase
with its development; and if the work is to expand, the appropriations
of our Legislature should be as liberal as those of other states. There
is no reiison why Pennsylvania with an ecpially large temtory should
not stand side by side with her sister State New York. This State
makes an annual approi)riation of frt)m thirty to thirty -five thousand
dollars to further the purposes of her fish commission. That of Penn-
sylvania for general expenses is but ten thousand dollars per annum.
Even Michigan and Wisconsin make larger annual appropriations than
the Keystone State.

Our Fish Commission is constantly hampiu'ed by a rigid economy to
keep its expenditure within the proper limit, and in this way cannot meet
the constant improvements in fish culture and is obliged to forego the pro-
gress and thorough efticiency that are not to be had without expenst\
Tlie expenses of the Dominion of Canada on its fisheries, with a pop-
ulation not very much gieater than that of this Commonwealth, were
two hundred and sixty -five thousand dollars for the past year. It is a

6

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State Commissioners of Fisheries.

doubtful economy that hinders the creation and cheapening of food for
five millions of people.

The Pennsylvania Commission in order the better to transport fry
from the hatcheries to its destination or to transplant fish from one por-
tion of the State to the waters of another district should have a car
fitted for that purpose. AVliat is done by the other States or by the
United States Commission should be done in our own State. As it is at
present ten or twenty cans sent out from the hatchery are loaded mto a
baggage car. Railroad men are poHte and painstaking, but sometimes
the cans cannot be all placed in the car when it is nearly filled with bag-
o-acre \s was justly observed in a prominent Boston paper, fishing
and Shooting," "baggage and freight cannot be put out to make way tor
fish cans, and, cramped for room, the cans may be placed too near the
stove. Part of the cans may be in one end of the cai' and part at the
other with freight or baggage between. The attendant may be put off
in the middle of the night at a station platform to wait for a train with
no ice and no means of getting it; and when the train does come and
ice is procured most of the fry may be dead or not worth planting.

The fish car is not expensive and is fitted with aU conveniences for the
safe transportation of fry and fish. The employee of the Fish Commis-
sion in his own car is independent of missed comiections. He cannot
be put off in the night with his cans. He lives in his car, and when he
arrives at his destination his fish are in good condition for he has known
what to do in every emergency and has the means at hand to do it.
The Michigan Fish Commission reports that the railroads m that state
willingly transport the fish car free on any road, and doubtless our rail-
roads would do the same." If this car is adopted by the Commission it
will go far to increase its efficiency in the delivery of fish, and tin appro-
pri{iti(m should be made by the Legislature for it.

The Commissi(m has seen with pleasure the increase of associations
for the protection and propagation of fish in various parts of the State.
All such organizations through the development of fish protection in
their several localities ai-e an invaluable aid to the board. They foster
a healthy public sentiment in its behalf and educate the commmiities
where they are planted, to a better knowledge of the possibilities of the
streams and waters that are in their neighborhood.

To the Anglers' Association of Eastern Pennsylvania, the board is more
especially indebted for aid and cncomagement ; not only for hearty
jiccord with its acts, but for co-operation in fish distribution and assis-
tance in bringhig violators of tlu' laws to justice.

A synopsis of the fishery laws of the State, together with a list of the
streams thnt have been declared public highways, has been prepared by
F J. Geiger, a m(>mber of tho Philadelphia bar, at the expense of the
\nglers' Association of Easteni Pennsylvania. This they have gener-

ously offered to the Board, who have accepted it, and i)rinted it as an
appendix to their report.

The Board also desires to thank the officials of the Pennsylvania,
Philadelphia and Reading, Lehigh Valley, Delaware, Lackawanna and
Western, and New York, Lake Erie and Western raih'oads for coui-tesies
extended in the free transportation of fish.

It would be mi just to close this report without mentioning the aid of
the United States Fish Commission tendered by their able chief. Col.
Marshall McDonald. During several seasons he has stationed the
United States Steamer "Fish Hawk" in the Delaware, at Gloucester,
New Jersey.

Many millions of shad fry have been distributed from this point to
the Upper Delaware by the United States and Pennsylvania Commis-
sions. They have been planted in the head waters of the river at places
designated by our board.

The result has akeady been shown in a largely increased hai-\'est of
shad throughout the entire river.

We have the honor to be, very respectfully, your obedient servants,

HENRY C. FORD,
JAMES V. LONG,
H. C. DEMUTH,
S. B. STILWELL,
A. S. DICKSON,
AV. L. POWELL.

THE ERIE WHITEFISH HATCHERY.

In 1888 the distribution of whitefish fry from the Erie hatchery was
as follows:

April 7, 2,085,000

April 10, . , 2, 040, 000

April 10, 2, 075, 000

April 11, 2, 160, 000

April 12, 2, 100, 000

April 13, 2, 300, 000

April 20, 1, 840, 000

Total, 14,^00, 000

Tliese fish were all d(>posited in good condition from two to six miles
from the shore in Lake Erie. The whitefish hatcheries established by
the States of Michigan, Ohio and Pennsylvania, with that of the L^nited
States Commission, have effected a revolution in the fishing industries of
this lake.

8 Beport of the [Xo. 15

From statistics furnished by Mr. E. D. Carter, a large fish dealer of
Erie, it will be seen that the citizens of that town have an important in-
terest in the lake fisheries.

Amouot of Catch and Business of Erie Fisheries for the Season

OF 1888.

^^^l^^^f, 2,^'oTooO

^f^^^^J' 185,000

Bluepike, 3,550,000

^^^^S, 4,733,000

■^®^*^"' 200,000

^^*^' 10,868,000

Number of sail boats, 23

Number of steam tug-s, 20

Number of men employed, ^25

Value of fish caught, ^394^ 680 00

Value of netting, corks, lead used in fishing, yearly, . . . Go' 000 00

Capital used and invested in the business at Erie, Pa.. . . 250,' 000 00

It will be noticed that the catch of whitefish was very largely in ex-
cess of the catch of 1886, which only amomited to 61,500 pounds, as
stated m the last bi-ennial report of the commission. The catch of 1888
amounted to 2,200,000 pounds.

The following letter from Mr. Carter shows what the business men of
Erie thmk of the work of the Fish Commission that has caused this
great uicrease in production and cheapened the price of this important
fish to the people of the United States.

The value of the catch of the city of Erie fisheries in 1888 was $304,680
as agamst a value in 1886 of $175,200, a diff'erence of $129,480.

TT ^ _ Erie, Pa, January 17, 1889.

Henry C. Ford,

President Pennsylvania Commisson of Fisheries, Philadelphia, Pa.:
Dear Sir: Yours of January 15, 1889, received, and in reply say: I
enclose you a statement of the fisli industries at Erie, Pa., and amount of
catch for season of 1888, and I flatter myself that it shows our industry
at Erie to be m a most prosperous comUtion, and I am satisfied that the
large increase in the catch of fish is the result of re stocking from our
hatchery and from the gieat work done by the States of Ohio and
Michigan.

Our catch of whitefish, you will see, is fully double of what it was m
the seasons of 1883, 1884, 1885 and 1886. Those in the business after
the very poor fishing of those seasons had concluded to give up fishing

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State Commissioners of Fisheries.

for whitefish, but the increased catcli of 1887 clianged the opinion of
those eng-ag-ed in the business and they continued the work, and from
the result of this work the price has been reduced fully one-third and
has brought this food from a luxury to one of the cheapest foods that a
pcor man can procure for his table, and my ojjinion is that this is en-
tirely from the work of artificial hatching.

Youi's respectfully,

E. D. Carter.

THE WESTERN HATCHERY, AT CORRY.

Under the capable management of Mr. William Buller the Corry
hatchery has maintained its previous record for usefulness.

The grounds have been still further improved, the efficient arrange-
ments of the hatching house still further developed. The temperatvire
of the water at this station is lower than at Allento\\ii and hardly as
well adapted for some fish, such as carp, requiring a gi-eater degree of
warmth in that element. The water is conducted from several unfail-
ing springs, through a series of ponds, and reaches the hatching-house
by a gi-adual descent, giving a good fall to the water. The situation
from the slope of the land is an excellent one for complete drainage.
Too often hatcheries are located in marshy gi-ound where the attendants
are exposed to malarious infiuences.

The production of carp, rainbow trorit, lake trout and brook trout
during the past year, as will be seen by riSi^rbnce to a tabrltited state-
ment in another portion of the report, is fuifyup'to its reputation, '

Mr. James Y. Long, the fish commissioned residing- at' Pittsburgh,
recently ol)tained from the Washington Oom'mif.'sion thlriy thousand
impregnated eggs of the Locli Leven trout, a ti'sl: AiTell.* adapted to the
inland lakes and ponds of the State. The fry will be il.istrib:di;od when
they reach the proper size. ' •'. ,

Large numbers of lake trout fry have been sent from this hatchery to
Lake Erie and other land locked bodies of water in the Commcmwealth.
A new hatching-house at this station would double its capacity and
should be erected in the near futiu-e.

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State Commissioners of Fisheries.

INTENTIONAL 2ND EXPOSURE

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tV)r wliitcfish, Imt the increased eateli of 1887 cliaiij^ed the opinion of
tliosti en«>-a.£;-e(l in the business and they contiinied tlie work, and from
tlie result of this work tlie ]niee has been reduced fully one third and
has brou«»ht this food from a luxury to one of the cheapest foods that a
p( or man can procure for his talile, and my opinion is that this is en-
tirely from the work of artiticial hatcliin«i-.

Yours respecffuUy,

E. D. Cakteu.

THE AVESTEKN HATCHERY, xVT COPiRY.

Fnd«'r the ca]iabl(^ manajxement of Mr. William Buller the Cony
hatchery has maintained its previous record for usefulness.

The <rrounds have l)een still furtlier improved, the etticic^nt arrangre-
ments of the hatcliin<:- hous«' still further developed. The temperature
of the water at tliis station is lower tlian at AHentown and har«.lly as
well ada|>ted for some tish, such as carp, re(piirin»r a urreater derrree of
warmtli in that element. The water is conducted from several unfail-
in«4" s|»rin«:s. t]irou<ih a series of ponds, and readies tlie hatch iiiu' house
by a «^Tadnal descent, ffivinj^ a ^ood fall to the water. Tlie situation
from tlie slop»> of the land is an excellent one for complete drainane.
Too ofti'n hatcheries are located in marshy yiound where the attemhuits
are ex])osed to malarious influences.

The production of carp, rainbow tnmt, lake tr.mt juid brook tiout
duriuij tli<' past year, as will be seen by i-''t'r''nce to a liibulrteil state-
nant in anotlur jiortion of tin' report, is fuHyui)'!'* ils reputation.

Mr. James V. liontr. the fish commissioner rt'siuin-z at Pittsbur<ih,
recently obtaim-d from the AVasliin«iton C>n.'nn%sion tlilny thevisand
impre<2nate«l ei^-^s of the Loeh Eeveii trout, a tisi; v*ell'ii>lapted 'to th<
inland l.ikes ami i»onds of the State. Tlu' fry will 1k' il'shilniu'd when
they I'cacli the proper size.

Larjre numb«rs of lake trout fry liave l)eeii sent from this hatchery to
Lake Erie an<l <»ther land locked bodi«'s of water in the C(>mmonw«altli.
A new liatcliin^hous*' at this station would double its capacity and
sliould bi' erected in the near future.

10

EErOllT OF THE

[No. 15,

THE EASTERN HATCHERY AT ALLENTOWN.

Under the efficient manag-ement of Mr. John P. Creveling this hatchery
has been greatly improved both as reg-ards its working and the quality
of its production. Large quantities of trout fry are here hatched and
distributed to the eastern and central portions of the State. Through
its agency the depleted streams of the Pocono range, and the Upper
Delaware valley, have developed a new productiveness to retrieve their
nearly lost reputation, consequent upon constant and exhaustive fishing.
The upper waters of the Schuylkill and the streams emptying into the
main Susquehanna, West and North Branch are also replenished from
this source.

As the supply has not been equal to the great and increasing demand,
a new hatching house at this station is a necessity, and the commission
have requested an appropriation from the Legislature for that purpose.
The farmers of eastern Pennsylvania also receive their supply of young
carp from this source. It is a matter of regi-et that the State has only
a lease on this property, a fac;t that hinders its proper development.
It is hoped that its purchase will remove any objection to the enlarge-
ment of this valuable hatchery.

Report of John S. Crevelixg, SurERixTEXDENT of Eastern Hatchery

AT Allentown, Pa.

To the Honorable Bocird of Fish Commissioners of the State of Penn-
, ,•*.'•. \ »\l^ijlvania:

GENTLE^E<}f.A>Vccor(Mp*<5©'.^vith the requirements of your board I
ller<^^titl>.JilT)|]^it thtf ftolhjwjliig report of my administration of the Eastern
Hatcfiefy: .*• t**.*''»

In l-evif wih^ tlfe ojjcmtion and results attained at this station in the
^pajst two years^^the\e h{t6.fen a marked improvement not only in the
Ry l^jfi-anQe dt tile Jjo^ises and ponds, but also in the increased develop-
Inent of 'tile* frv^ 'and the number of spa^v^ling fish.

AVhen tTie Eastern Station was removed from Marietta, Lancaster
county, to its present site, the plant of spawning fish was so small tliat
the supply of eggs and fry did not suflice to supply the demands made
on the commission.

A number of small ponds for the reception of fry was at once con-
structed. In these the supply of water could be so controlled as to
enable me to give the fish proper care and attention, and to increase the
number of spa\vning fish.

The result has been eminently satisfactory ; so much so that the hatch-
ing house is now too small to accommodate the young fry.

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State Commissioners of Fisheries.

11

The hatching house contains thirty-four troughs, sixteen feet in length
and eighteen inches in width, affording capacity for about ahalf a mil-
lion of fry, with sufficient space to hold the fish and care for them until
they are about four months old.

The supply of spawning fish has largely increased, and if all things
are favorable in the comhig season, we should take about twice as many
eggs as we have taken in pre^ious years.

Therefore, with the present contracted capacity of the house, we Avill
be compelled to plant a large amount of ^ fry early in the season, before
the streams are clear of ice.

I would therefore suggest that your Honorable Board should petition
the Legislature for adequate means to enable \is to enlarge the hatchery,
so that the fish can be retained and cared for until the streams are in
proper condition for distribution.

In my experience the California or rainbow trout are not as prolific
as the brook trout, as they will average about one-third less eggs than
the latter produce.

Very gratifying results have been obtained with these fish where they
have been planted in streams of a uniform temperature.

In the spring of 1885-1886, twelve or fifteen thousand of these fish
were planted in the Little Lehigh River.

I gave my personal attention to the distribution of these fry, and
during the past season have seen some beautiful specimens taken from
this stream, ranguig in weight from one-half a i3ound to one and a ciuar-
ter pounds.

We have frequently heard it said that California or rambow trout
would thrive in waters of a much higher temperature than those adapted
to brook trout.

From personal experience I have learned that the contrary is the case.
These fish require a temperature of water as cold or colder as that
adapted to brook trout. Probably the ill-success of many efforts to
distribute them arises from a non-recognition of this fact. Li raising
these trout, I find that they thrive excellently on a proportion of flour
and corn meal ; one part of the former to three of the latter. The mix-
ture should be boiled until it becomes quite thick.

AVith the increase of fish production and distribution, a car adapted
to their safe transportation has become a necessity, and it is hoped that
an aiipropriation will be made for this purpose.

ResiiectfuUy,

John P. Creveling,
Superintendent.

12

Report of the

[No. 15,

TREASUKER'S REPORT.

Harkisburg, June 1, 1888.
Report oj W. L. Powell, Treasurer of the State Fishery Commission, for

the year ending June 1, 1888.

Amounts received from Aug. Duncan, previous

treasurer, for general expense accomit, ... $3 11

For fishway, 5, 183 73

For Erie Hatchery, 1^8 75

For Western Hatchery, improvement account, . 219 25

Amount received from the State Treasurer, ... 10, 000 00

Amount received from other soiu'ces, 227 24

$15 802 08

Amount expended, according to vouchers in the hands of
the Auditor General, as follows:

General exjiense account, ^1» 808 12

Fish warden account, 1» ^^^ 82

Eastern Hatchery 3, 012 05

AVesteni Hatchery, 2, 428 62

"Westeni Hatchery (im]>V()venient account), ... 66 10

Erie Hatchery, 328 21

Fishways, 6, 350 00

Cash in hands of the treasurer, 303 07

$15, 802 08

This is to certify that the above account is con-ect.

W. L. Powell,

2Wa>surer.

Swora and subscribed before mo, this 20th day of November, 1889.

D. C. Maurer,
Aldei'man.

Off. Doc]

State Commissioners of Fisheries.

18

CARP PONDS.

For the following excellent description of the location and construc-
tion of carp ponds we are indebted to Logan's Practical Carp Culture:

In the construction of ponds water is the prime factor, because, neces-
sarily the first consideration of the builder. The water supply deter-
mined upon, the soil, its water-holding and vegetation-producing capacity,
the size and location of the pond or ponds to be constructed, must next
be considered. These are the forethoughts of pondmaking ; the after-
thoughts are plentiful enough, as every pond builder knows.

If the conditions of soil and water are favorable the labor is greatly
simplified. If unfavorable, then skill and patience and perseverance
will be required to overcome the unfavorable conditions. But these latter
are matter of special thought, and since no general provision woiild ap-
ply to them, they must simply bo laid aside until each condition and
situation is known and can be studied and provided for by itself.

In a diy time it looks a simple thing to build a dam across a dry
stream, or at the open end of a gulch or ravine, and so form a pond. If
the gulch, ra^ine or stream is of any length, or drains any considerable
territory of the rainfalls, an ordinary dam and overflow will be of no
consequence. We know of 'some beautiful ponds constructed in just
such places. It requires skill, money and labor. A very correct idea of
the dam necessary in such a location will be obtained by viewing some
of the mill dams built in rivers and streams. The recpiirements are ex-
cavations on sides and bottom, down to a firm, waterproof base, then
heavy, substantial, symmetrical structures from base to summit. The
latter being level from side to side the entire length of the dam, spread-
ing the overflowing water into as thin a sheet as possible. The carp
pond dam on other and smaller streams should differ from the mill dam
in being wider on the top, and a few inches above the desired water
level a six inch stratum of coarse gravel, extending from side to side and
end to end of the dam, should be placed. This will act as a strainer for
any ordhiary freshet, and prevent the escape of the fish. The advantage
of such a pond is that more otherwise useless and unsiglitly ground can
generally be covered, frequently to the extent of making a pleasure re-
soi-t and a place for picnicing and boating.

For general pond purposes, the water, both in supply and escape,
should be under the more perfect control of the cultuiist than is possible
in the ponds mentioned. The way to secure such control is to dam the
gulch or stream higher up in its course, and from the backwater, by
means of open ditches or pipes, conduct the water in just the quantities
wanted to the ponds, which may then be located at your pleasure on
either side the bed of the water course, and beyond the reach of its

Eepoet of the

[No. 15,

14

nvPrflow It is usually practical, then, to build a series o£ pouds either
on the same or <Mere't levels. U on different levels, the ponds hoth
r^twand >Uai„ into each other into the lowest one -, ^^ ^
this will be found a great economizing oi water. If on the same level,
or niar y so, each lu.nd must have its ow.i supply pipe and dmn di-
r c Ivtto the Led of the water course. Supply and dram pipes toeach
pond Whether on the same or different levels, are Ix. h desirable and
IZntageous to the culturist. It gives him absolute control of each
pond independent of any of the others.

Sky Ponds.
These ponds form quite a class of the successful carp ponds of
Amei-ica They are dc^iendent nearly, or entirely on the nunfall aiul
The water shed from adjacent lands. Here husbandmg ot the water is
eveiT^^ g- It - accomplished chieily by making the pond bottom and
enUnnkments of soil impermeable to water, so that the on y loss is by
"aZ" Without siuh bottoms and banks this dass of p.mds must

f. 1 They fill slowly, unless in very wet weather. A\ here they receive
ttwatei- shed of considerable territc.ry they should be pr.*-ced against

^d.^1 inuiulati.«i in heavy rainfalls by side ditches ^^f^^
leadin- to the pond, so that when these gates are closed the^shed-«atti
s can^.d off beyond the dam and made powerless for evil to the pond
and its inhabitants. The water supply of these ponds may \,e gr«i ty
rlforced by a whi.lmill supplying a cattle trough liom the well, and
the overflow of the trough conduet^l to the v>ond.

Below, or on one side of the mahi pond of siieh an establishment
should ahvays be a pond or two of considei-,d.le depth but the surface
nee not l>e great. Then in the drawing an.l fishing ol the mam pond
von will not be caught with dry weather or a fieeze-up "i J"' «'•. «'tli
yonr st<K.k on hand and uo place to safely quart.'r them. The lower or
side ponds need 1« but little 1k.1ow the level of the ;n^'"' J'^'l-. ^ '-'>"l'*y
at the drawing off of the man. pond th..y can b.. hlh.d «i 1. the hist
water taken from the high water level by means ,>t ,.,pes or suices con-
structed for that purpose. These smaller ponds will be ot gi-eat ml
vantage, t.K., as breeding luid hatching ponds, or as reservoirs tor stock
and market fish.

Ri'UiNG Ponds.
The 8i/.M>f thes(' ponds should he. in proportion to the amount of
water flowin- from ihv springs, bearing in mind that the evaporation
and absorption every hour is equal to ab«ait two liundred and hity -;al-
hms to the aerc. The rainfall and water slud of tlu' immediate vieinity
will contribute to the water supply. If the hei-ht of the sprinj^s wil
P rmit it, the water cominj? fr<nn them durin- the warm months should
be broken, aerated and warmed by falling on wire netting and passmg

Off. Doc] State Commissioners of Fisheries. 15

over rocks before reaching the pond. In cold months remove the ob-
structions and let the inflow be direct. The advantages ot these ponds
are constancy of water supply, summer and winter, and high tempera-
tm-e of water in wmter, usually keeping some surface of the pond in the
immediate vicinity of the springs clear of ice, affordmg oxygen to the
fish and permitting the escape of any poisonous gases generated by de-
composing vegetable matter in the bottom of the pond. The disad-
vantages are lower temperature of water in summer time and very small
supply of food carried by the water to the pond.

The best water for carp ponds is that furnished by running streams.
It is aerated, heated, and cames food for the fish. The best sites for
ponds are along the courses of such streams or by the feeders of mills,
below the basins of canals, etc. The sites for ponds will naturally sug-
gest themselves whenever they meet the eye. Nor is it withm the prov-
ince of this chapter either to indicate them all or to furnish plans for
the constmction of the various embankments and dams necessary to
the varied character of the sites. Some locations need but a dam, others
need banks on two or even three sides. The principle of construction,
however, is the same.

Dams and Embankments.
The difficulty of repairing a dam makes it necessary to build it well in
the start-out. Stake out the line of the embankments, determine their
height and allow ten per cent, for shrinkage ; make the l)ase three times
the'^height. Then, in the center of the base, cut a ditch three to five
feet -wide down through the surface soil to a sub-stratum of the earth
that will hold water; extend this ditch out under the shoulders of the
dam. Throw the material taken from the ditch to the outer side. This
ditch must then be filled with loam (a small per cent, of sand, a large
per cent of clay) or good plastic clay. The filling should be done in
layers of six to twelve inches each, each layer carefully spread and
thoroughly tamped. It will pack better if wet, even to the pohit of
puddling. When the ditch is full the dam spreads out to its limits and is
continued on up in layers just as in the ditch. If the banks are to be
built from material taken from the bottom of the i^ond, which is the
most economical plan, and if the material is fit, put the siuiace soil on
the outer side of the dam and the next inferior soil on the inside, plac-
tlie very best of your dam-makhig material in the center t)f the embank-
ment, continuing it on up over the lines of the ditch to the top of the
dam, carefully tamping and packhig every stratum as it is laid on, re-
moving all stones, sticks, sods and other debris. The dam should be as
wid<^ on the top as its height above the ditch. The slope of the sides
will then be at an angle of forty-five degi-ees. The rich surface soil t u
the outer side leaves it in good shape to sod or seed with blue gi-ass.
Tliis will add to its beauty and prevent fuiTowing or washing with the

BErORT OF THE

[No. 15,

IG

rains Dams improve with age. To protect them against depredations
by muskrats build them only about twelve or fifteen mches above what
you design for high-water mark. There is then no room for the dwel-
ling of the rodent above the water level.

.^Jk

Plan of a Carp Pond.
The diagram shows a small valley suiTOundod by little hills. A creek
runs across this valley, and the fanner concludes to make a carp pond on
this spot. The first step inthedoingof «f ^f ^^^l^^^ ^^.T!^^^^^^^^^^
of the creek. It is led to the right along the foot ot the hill (c r). Isext
the dam {d) is located and built, at the same time the ditches (c d) the
collector (c) and the outer collector (o c) are formed, the material thus
obtained being used on the dam. The dam (.^) runs fet across the
valley, then forming a right angle it nms alongside of the creek to pro-
tect the pond against the wild water of the latter. L is a lock m the
creek which can be opened or closed at will. From here the pond is
supplied with water. A second hick in the supply channel, which leads
to V, is supplied with some anangement, a wooden box with slatted sides,
a box of gravel, or a wire netting, to keep out wild fish. , ,

The form of the bottom of a pond must depend on its size and shape
and the purpose for which it is to be used. If there is but one pond
^^hic•h is to be the home of the carp winter and summer, the pond must
be ananged to that end, and must have both shallow and deep water.
The carp thrive best in warm water; the reason is twofold. They are
mlapted to the higher temperature, and the higher temperature produces
more food for them in the form of insects, lar^-fe and worms. They wil
stand a temperature of mnety degiees before dying. In long-contmued
hot spells in shallow water subject to the direct rays of the sun, it is not
uncommon for the temperature to range from eighty-five to ninety de-
grees The carp then need a cooler, deeper place to retreat to. In win-
ter the shallow water is too cold, and they seek the deeper water for

a

5p

60

M

k*j

Off. Doc]

State Commissionkus or Fishekies.

17

warmth. ]\[any carji eultiii-ists hav(> lost thoir fish duriiif*- tho winter
season, and whik' no douht, poisonous ^ases had much to do with it, it
is just as coitain that huk of deep water had also much to do with it.

To obtain both shallow and deep water, on about one-half of the area
of tin' pond around its edfi^es the water should be from nothing to eit^h-
teen inches deep-, or abtiut one-fourth of the area of the pond, frijm
ei<]^liteen inches to three feet deep, and on the other one fourth, from
three feet to eight or ten, or even twelve feet deep, the g-reatest depth
being" at the point wher(> tlie drain pipe and collector are situated, as
shown in the accompanying illustration:

oN'/Asy'/'-.tjA'V'/B..,'. i»

••,*■;■". H\".>'H

LoinjUiid'infd Scrflo)! of a Pond.

»/ is the inlet or ]ioint where the water enters the jiond: 7? is the
spawning ground for the tish. and is shallow and full of water ]»la!its:
*S* is the surface of tho water: L is ]»ond lillies to give shade to the Hsh
in hot weatlxr: (' is tin? collector, or deepest point in the pond, and is
situated at the (>ntiance of the driHn-i)i]ie. (f L is the outh-t passing
under the dam from the lowest i)oint in the jiond bottom: A' is a col-
lector situate*! (Mitsitle of the d;!m tt) trjip any fish that may possibly
«'sca]»e through (> J.: I) is a cross section of the dam. The bott( )n
should be of n uniform grjide, sloping fi(»m all points to th<' colh ctor.
A ditch, four feet wid<' and tw(» fcvt deep, h-ading half the length of tli*'
po.id and down to tlu' collector, will, when drawingolf the pond, greatlv
facilitat<' tlu> bringing of th<^ tish tt) th.' collector. Side ditches, tapping
any low spots in the bottom, should be nm into this leader. It serves a
further purpose in getting Ix-low the gas pnnlucing- stratum of the bot-
t<nn.and in just that degree ])r«'serves the tish in wintt'r from its influence,
as the gas rises to the ice and saturates the water from the ict* downward.

All artificial i>onds should be so construct:'d that they can IxMlrained.
It is (|uit<' inilispensable to successful pond lulture. In (lermany. with
the exjierience of centuries in carp cultur<', their system of draining
ponds is so comi)lete that tlu'V rotate car]) culture andagrii'ulture as we
tlo crops, and one Inlps the other. The bottoms of ponds, in which fish
have bcf'u rais(>d a few y(\-irs, make rich lieMs. and cultivating the «;Toui;d
a few years again makes it produce more food for the fish. Whatev«'r
the advantage arising from the power to drain ponds tor this purpos»',
it is certainly much more essential in enabling you to gather your har-
vest of fish.

2 Fisir.

18

KEroUT OF THE

Distribution of Brook Trout.
Eastern Hatcheri/.

[No. 15,

Off. Doc] State Commissioners of Fisheries.

Distribution of Brook Trout — Continued.

19

Date.

1887,
March

April

I!

May

lio,

28,
28,
28,
28,
28,
28,
28,
S,

8,

«,

8,

8,

8,

11,

11,

11,

14,

14,

14,

14,

19,

19,

19,

19,

19.

19,

19,

22,

22,

22,

24

22,

22,

22,

22,

25,

26,

26,

25,

25,

26,

25,

26,

28,

28,

28,

28,

28,

28,

28,

2,

2,

2,

2,

2,

4,

4,

4,

4,

4,

4,

Name of Appli-
cant.

J. W. Barnes, .
J. Moore, . .
W. W. Krantz, .
W. A. Tritle, .
P. M. Snider, .
Augustus Duncan,
Alex. Stewart,
G. U. Dukes, .
Adam Stull, . .
Allien liCwis, .
Daniel Stull,
G. M. Harding,
John Ilardint;,
G, M. Miller,' .
W. S. McLeon.
J. R. Hauch,
H, H. Dash, . .
H. T. Coats, . .
Jolin Markle, .
A. Markle, . .
W. 11. Marcy, .
K. I). Cramer, .
V. T. Harris,
W. K. Wallace,
G. L. :Miller, .
I. D. Shugert, .
A. E. (Jearhart,
H. H. Hewit, .
T. A. KoaK, . .
Jacol) Harder, .
A. M. Haker, .
C. 15. Border, .
G. W. Harder, .
J. M. Kline, . .
H. .1. Camphell,
J. K. Kreeger, .
H. W. Snyder.
L. Wister, . .
John Wister, .
Josepli Parks, .
A. S. Morrow. .
S. M. SeLers, .
Jacob Diehl,
li. S. Tompson,
John \. Hunter,
S. M. Noll,
W. S. Seahold,
A. E. Brady,
J no. Vallefehamp,
H. D. Green,

C. Luckenbach,

D. Shinier, . .
A. Stonievant,
H. Loom is, .
If, Sterling,
H. Brink, .

M. H. Davis, .
C. P. Ilhoads, .
R. Conetz, . . .
A. P. Kunkle, .
W. M. Rapsljer,
Jos. \V. Slocum,
John W. Almy,

M.
A.

S.

o.

A.
P.

Post-offlee.

DundaflF, . . .
Carlisle, . . ,
Waynesboro', .
' do.
do.
Chambersburg,
S(;otland, . . .
Shippensburg,
Bear Creek, .
do.
do.
Wilkes- Barre,
do.
do.
do.
Betlilehem, .
Hellertown, .
Berwyn, . .
Hazlcton, . .
do. . ,

Wilkes- Barre,
White Haven,
Clearlield, . ,
do. . ,

do. . .

Bellefonte, .
Philips burg,

do.

Snow Shoe City,
Lock Haven,
Aiigustaville,
Tioga,

Wiliiamsport,
do.
do.
Middleburg.
McCuensvJllc,
Duncannon,

do.
Tyron«% . .
HoUidaysburg,
.\ltoona, . . .
Nowrv, . . .
yWUo'y, . .
Slormstown,
Newman siown
Annvillc,
Harrisburg, .

do.
Rending, . .
Betlilehem, .

do.
M«Hhoppen, .
do.
do.

Skinner's Ed(Jy,
Jt'uningsville,'
I 'arsons, . .
(lilen Summit,
Wilkes-Barre,
Mauch Chunk,
Mud Run,
Gleu SSummit,

County.

Susquehanna,
Cumberland,
Franklin,
do.
tlo.
do.
do.
Cumberland,
IjUzerne,
do.
do,
do.
do.
tlo.
ilo.
Northampton,

do.
<'liester. . , .
Luzerne, . .
do. . .

do. . .

do. . .

Clearfield, . ,
do. . .

do. . .

Centre, . . .
do. . . .
do. . .

do. . . .
Clinton, . . .
North umberhind,
Tioga,
Lycoming,
do.
do.
Snyder,
Northumberland
Perrv, . . .
do"^ . . .
Blair, ....

<lo

do

do

Milllin, . . .
Centre, . . .
I..ebanon, . .
do. . .

Dauphin, . .
«io. . .

Berks, ....
Northampton,

do.
Wyoming,
do.
do.
do.
do.
Luzerne,
do.
do.
Carbon, .

do
Luzerne,

No. of

iish

sliipped.

2,(100
2,000
2,000
2,000
2,000
2,(H>0
2,000
2,000
2,000
2.000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,0t»0
2,000
2,000
2,000
2,000
2,000
2.(;<I0
2.(HH)
2,(MtO
2.000
2,000
2,OmO
4,0110
2.(1110
2,0iHI
2.(»(H)
2,0110
2,0<.M>
4.(MiO
2,0(M»
2,«Min
2,000
2.000
2,01(1
2,000
2,1HMI
2,0(10
2,000
2,(i(MI
2.0,»0
2,000
2,(MtO
4,0<K)
2,(MMt
2,(KI0
2,000
2,(KI0
2.000
2,000
2.000
2,000
2,000
2,tM»0
2,<MiO
2,000
2,U00

1

No. of

Date.

Namk ok Appm-

CANT.

Post-offices.

Count 3'.

1

fish
shipped.

1887. 1

May 4,

G. W. Fssed, . . .

Mauch Chunk, .

Carbon,

2,000

4.

H. li. Mof»re, . . .

Wilkes-Barre, . .

1 Luzerne,

2,000

4,

Jos, Handeling, . .

White Haven, . .

1 Luzerne,

2,000

0,

T. H, Hess, . .

Stroudsburg, . .

1 Monroe,

2,t;0(>

6,

11, Eilenberger, . ,

do. . .

ilo.

2,000

6,

li, D, i:ilenl)erger,

(io. . ,

do.

2,000

6,

J. M. Hill, . . .

do, . .

do.

2,000

«,

J. L, Sullivan, . . '

do. . .

do.

2,000

6,

A. Met7ger

do. . .

do.

2,000

0,

H. W. KJstkr, .

do. . .

do.

2,000

(i,

D. R. Brown, . . .

do. . .

do.

2,000

6,

Jos. H. Shull, .

do. . .

do.

2,000

6,

E. D. Hull man, . .

Marshall's Creek,

do.

2,000

fi,

P. E. Fullmer, . . 1

I)ingn an,s Ferry

Pike, . .

2,(H)0

«,

E. F. Peters, ...

Bushkill, . . .

<lo. . .

2,(KX)

10,

D. H. Jones, ...

Rittenliouse, . .

i Luzerne,

2,000

10,

E. T. l'.ran<lon, , .

do.

j do.

2,000

10,

f». M. Urandon, . .

do. , .

1 do.

2,0()0

10,

I). C. Ko()ns, . . .

do. . .

do.

2,000

10,

B. H. Bowman, .

New Columbus. .

do.

2,000

10,

W. 1). Fritz, . . .

Hunlington Mills

, do.

2,000

10,

W. T. Bouert, . . .

Town Hill, . .

i do.

2,000

10,

J. D. Mciiee, . . .

do.

do.

2,000

10,

M. W. Brittain, . .

Cambria, . .

do.

2,0<10

10,

R. P. Robinson, . .

Wilkes-Barre, . ,

do.

2,000

10.

J. D. Wood worth, .

«lo.

do.

2,0(H>

10,

S. C. Buckalew, . .

Fairm't Springs,

do.

2,000

10,

D. B. Kooiis, . . .

SliicUsliinny, . .

do.

2,000

10,

A. A. Nickalson, .

llarvevville, , ,

do.

2,000

10,

M. B. Trescott, . .

do. . ,

do.

2,0(K1

13,

J. C, Fuller, . . .

Pinegrove Furn,, Cumberland, . .

2,0(K»

13,

C. R. Marcv, . . .

do. do.

2,<KH»

i:i.

C. C. I'.dwards, . .

do.

do. . .

2,000

13,

W. J. Bolton, . . .

do.

do. . .

2,000

13,

J. B. Selheimer, . .

do.

do. . .

2, (MO

13.

S. M. Manitold, . .

York,

do. , .

2,000

13,

M. ScliHli. . . .

Dallastown, . . .

tio. . .

2,(KX)

13,

W. F. MaiiifV.ld, . .

Briilgeton, . . .

do. . .

2,(»00

13,

R. B. Havson, . . .

do

York

2,000

13.

W. P. Baker,

Bendersville, . .

Adams, .

2,000

13,

J. H. BalVeiiberger,

do. . .

do.

2,000

10,

Adam Kale, . . .

Red Bank, . . .

Luzerne,

. , 2,0(0

1(},

F. L. Bi«kels, . . .

do.

do.

. ! 2,000

n;.

John <;etts

Fairm't Springs,

do.

2,(H:0

10,

E. C. Frank, . . .

Wilkes-Barre, . .

do.

2,0(0

10,

H. A. Fuller, . .

do. . .

da

2,0(0

10,

B. Hevnolds, . . .

do. . ,

do.

2,0(0

10,

G. M. Kevnolds, .

do. . ,

do.

2,000

10,

! F. J. Learanth, . .

do. . .

do.

2,000

IN

W. C. Henry, . . .

Paikside, . . .

Monroe, .

2,0(0

is,

Lewis C. Price, .

ilo. . . .

do.

2,000

18,

Jos«'i>h Henrv, . .

d<i. . . .

do.

2,000

18,

D. W . Dale

Daleville, . . .

do.

2,000

18,

.John Lvnch, . .

; Tobyhanna, . .

1 do.

2,000

18,

j L. W. VVilliamst^n,

do. . ,

do.

2,000

18,

\ I, S, Case

do. . ,

do.

2,000

IM,

J, W. Gruber, . , .

do. . ,

do.

2,(HX)

If,

W. H, Case. . .

do. . .

! do.

2, OIK)

20,

1 J. Mc<'orniick, . .

Poi'ono, ....

tlo.

2,000

20,

1 J. H. Besbing. , ,

tlo. ....

do.

. i 2,000

20,

D. W. B<»wman,

1 Mt. Pocono, . .

do.

2,0(K)

20,

S. W. Killam, , . .

1 Scrantcm, . . .

I^acka wanna, . .

2,000

20,

C. H. Welles, . . .

i do. . , .

i do. . .

2,0(0

20,

A. Vernev, . . .

Canadensis,

Monroe,

2,000

20,

1 Joiin Dembler, . .

do. . .

do.

• • « •

1 2,0l0

20

Keport of the
DisTHiiJUTiox OF BitooK TnovT—ConHuue 1.

[No. 15,

(Jff. Due]

Dat

e.

Xamk of Ari'Li-

CANT.

Post-otiiee.

, No. of
County. 1 lish

f

shipped.

1887

May

20,

I.al)an T^owis, . . .

1 Canadensis, . . .

Monroe,

2,000

liO,

John 15. Snow, . .

1 do. . . .

do

li,0(K)

2ti,

I.. Z. Lewis, ....

do. . . .

do

2,(HI0

r:o.

.\. .Mlu'it

do. . . .

do

L',t»00

24,

.John llawl)lin, . .

^wif. water, .

Monroe, . . .

1 li,0(l0

24,

.\. Maj^innis, . . .

do. . . .

do. . . .

1 4.(M1(»

24,

(i. .1, tansoen, . .

Mt. Poeono, . . .

do

1 2, ()(>(»

24,

v.. E. I looker. . . .

do. . . .

do. .....

1 li,(l(io

-4,

\V. <.'. Wells, . . .

<io. . . .

do

1 li.OCO

24,

1>. T. Smith

do. . . .

ilo

12,(00

24,

M. C-\ Dtniker, . .

Scranton, ....

Laekawanna, .

li.ddK

24,

J. 11. Wells. . . . .

do. . . .

do.

L'.dUii

24,

M. W. Harlev, . .

Dalvvillo

<lo. . .

( l!.e(»o

2«i,

J. r>. Sellieinier, . .

L«'wistown.

MifUin

li,(KIO

20,

It. n. 'i'lionias, . .

Meclianicshnrj.:. .

Cunilierland, .

•J.dCO

2ti,

J. Spootinaii, . .

Favelleville, .

l-'ranklin, . . .

•J,dd(»

20,

J. 1>. 15o,iij;s. . . .

do.

tlo.

li.tH'd

20,

A. li. Mitliii^n'r.

do. . .

do.

2, (Kill

20,

A. S. lleintzehnaii.

Ciianiltershnrg, .

do.

2,ddd

20,

(i. A. Deitz, . . . .

ilo.

do.

2, Odd

20,

Noah Knu'St, . . .

do.

do.

2, Odd

31,

IJedloril Koil ami

<;un I'luh

P.edford

Redlord, . . ,

4,0(10

r.i,

K. .1. .Mvton, . . .

Petersliur^, . . .

llnntinudon, .

2,0dit

;;i.

11. (". Deiii, . . . .

.VllooTia

niair.

• 2, (KM)

3i,

!i. Hill

l-leininy

Centre

4, (0.1

31,

W, .M. Phillips. . .

l.ewisiown, . . .

Milllin, . . .

4.(KK(

31,

A. HIooiii

Curwinsv ille, .

Cleartield, . .

2. (KM)

31,

V. (J. Harris, . . .

Cl<'ar(icld

do. . .

2, (KM)

June

«»

S. M. StilUvell, . .

S« laiiion.

Laekawanna, .

(>,()(()

2,

V. Ihillsniith, . . .

Piroiliieailsvilli*, .

Monroe. . .

2,(K)d

ft. Slialer

'rol'vhainia, . .

(hi.

2, (led

• >

L. J. ila<-kiiiaii, . .

do. . . .

tin.

2,ddd

—1

1. Stauller

Poi'ono, ....

<lo.

2,(d()

3,

John J. White, .

Strondshurtr.

«io.

2,(KH»

A. r. T.ocUm-

Kast Str«»ndsl(nrir.

do.

2, Odd

K. M. I)e,ker. . .

do.

<in.

2,00.1

0,

J. S. \Villiani:«on, .

Willianisiiort, . .

Lveoniinir, . .

2, Odd

0,

(\ r.arties, . . . .

do. . .

do. . .

4,(K).l

0,

<». \N'. .\rniston, . .

, McCucnsville, .

Nortliuniln

rland

2,(K,d

0,

11. ('. Kon.hill, . .

Trov, . . .

I Bradford,

2, (Mid

t,

John U. .Taekson, .

Berwick. . .

Colundtia,

2,(MH)

(»,

A. S. Helliich, . ,

Heaver Sprintrs, .

Snvtk'r.

2,(M)0

0,

iS. J. Teaier, . . .

1 Forks,

Colundiia.

2, (KM)

0,

T. V. Hunter, . . .

Itoalsliurjf, . . .

Snvder, .

2, (MM)

<■',

T. V. Hunter, . . .

«lo. . . .

do.

2,(K0

5»,

W. I.eisenrinj?, . .

' San.lv Umi. . . .

Luzerne,

2,(M'(»

t',

K. liattnsluill, . , .

White Haven,

d<..

2,()(K)

1»,

11. H. Derr, . . . .

Wilk«'S-|;arre, . .

do.

ld,(Mid

V»,

Lafayette Lentz,

Mauch Clunik, .

Carl ion, .

2,(MK)

y,

.\. \V. Stetlnian,

do.

do.

2,IMX)

t»,

W. W. Weaver, .

ilo.

d<».

2, 0(H)

10,

H. lOsser, . .

do.

do.

2,000

io,

John K Powell. .

I'jtper Lehigh, .

Lu/.eriu',

2,000

10,

John Leisenri'ij^, .

dci.

do.

2,0(M)

10,

lluffii .Mallov, . . .

da

do.

4,000

Hi,

A. !•:. Ja.-ol.s, . .

Drums

do.

1 2,000

10,

A. 1'. H itchier, .

Plvninutli, . . .

th>.

: 2,000

17,

W. J. 'I'rai y, . . .

Ilonesdale, . . ,

Wavne, .

1 2,000

1/,

Jaine.s Wiliianison.

Hawlev,

(io.

1 2.000

July

0,

Janie.s spear, . . .

' \Vallin,L:tor<l,

Delaware,

1,500

0,

J. .VnnsironfT, . . .

Parkesiiur^, . . .

Chester, .

l.-'iOO

8,

D. n. Clack, . . . .

Alientown, . . .

Lehigh, .

. . .

1,000

41i),0lKi

State Com.missioin'ehs t)F Fishehie.^.
Distribution of R-vinbow Trout.

21

Date.

April

1887.
March 25,
28,
28,
28,
28.
28,
11,
11,
11,
II,

n,

14,
14,
H,
14,

l'.«.

Name ok Aitm-

CANT.

May

June

July

28,

28,

uO.
•>

n!

18,

IS

18.
i.0,
2»,
2«i,
20.
31,

31,

:!!.

IT,
17.
17,
17,
17,
17,
0,

O. P. Phoney,
(Jeorge W. Welsh,
A. S. Monehrai<e,
K. W. Wasiiahaugh
.\ u>is. Dunean, .
(J. \'\ Murrv, . .
II. liolih, " . . .
H. .Johnson. . . .
W. P. Kiioads, .
Russell Thayer,
A. W. Leisi'nrinjr,
J. I. llollenliaek,
A. liertels, . .
W. I J. Taylor, . .
r. Warner, . . .
V. T. Harris.
Joseph Lorothen, ,
W. II. (Joodfellow,
.John Vallerehanip,
.1. P.. Selheinier,
.1. L. (iriui,
James P. Taylor,
.1. \\. Selheinier,
W. C. Heniy,
TiCwis S. Price.
•Josejih Henry.
D. W. Ilowman,
S. P.. St ill well.
J. II. Selheinier,
Samuel ShearmaJi.
i;e<ltord Rod and

(inn (Mull,
P. L. Duncan, .
.Tohn v.. Bell, .
< i. M. (tunning,
R. W. Rra.ly,
D. R. .Mkinson,
M. K. Kiinlile,
(Jilliert White.
Charles Schardt,
M. A. Shiplev,

Post-ofliees.

Dundatf,
Waynesiioro', .
do.
(U).
Chamliersburg,
Scotdale,
l-",ast (i recti ville,
Chester, . . .
do. . .

V'hiiadelphia. .
Mauch Chunk,
Andeiiried. . .
Wilkes- liarre, .
Rock Port.
.Mhrightsville,
Clearlield, . . .
Picllwnod. . .
Ilnllidaysliurg,
HariisluirL:, . .
Lewisown, . .
Hellertowii, . .
M<»ntro->e. . . .
I.ewistown, . .
Parkside, . . .

d<i. ...

.1.1. . .

Mt. Poeono. . .
Scranton, . . .
Lewistown. . .
Fa\elleville, .

Redford, . . .

do. . . .

Re!lwo<id. . . .

Ilonesdale, . .

do. . .

do. . .

d<i. . .

d.i. . .

Hawlev. . .

Philadelphia, .

County.

Susquehanna,
Franklin, . .

do. . .

do. . .

do. . .

do.
Montgomery,
Delaware, . .

do.
Philadelphia,
Carbon, . . .

do. . . .
Luzerne, . .
Carlion, . . .

do. . . .
Clearfield, . .
Blair, ....

do

DMUphin, . .
Mitllin,
N'irthanipton,
Susi|uehanna,
Milllin, . . .
Monroe, . . .

do. . . .

do. . . .

do. . . .
Lackawanna,
Milllin. . . .
Franklin, . .

Bedford, . .

d<i. . .

Rlair

Wayne, . . .

do. . . .

do. . . .

do. . . .

do. . . .

do. . . .
Philadeliihia,

Distribution of Brook Trout.

1888.

March

0,
».

20.
20,
20.
20.
20,
20,
20,
20.
20.
20,

27,

James IHek, . , .
\. ( ;. ( Jreeii, . .
O. H. K elder, . .
S. H. Lee. . . .
Sol. Hoover. . . .
H. C. Kilt. . .

John P. Stine, . .

A. Shoppell,

K. B. P. Spchrley,
I', (t. Hoover, . .

B. Flushman.

S. M. Meradelh, .

C. (). Minich, . .
M. M. Person, . .
P. M. Snvder, . .
W. A. Tritle, . .

Reading, .

Berks, . .

do. . .

do. . .

Shenandoah.

Schuylkill,

Si. Clair. .

do.

Pottsville, . .

do.

do. . .

do.

do. . .

do.

do. . .

do.

.Io. . .

do.

do. . .

do.

Cumru, . . .

Berks, . .

Readit g.

.Io. . .

N.irth Heidell

erg.

.Io.

Milli.ach.

Lebanoii,

Waynesboro',

Franklin,

du.

do.

No. of

tish
shipped.

2,00.1

2,000

2.000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

4,000

2,000

2,(KtO

2,0(10

2,000

2,000

2,(KX)

4,000

2,000

4,000

2,000

2.1M)0

2. (MM)

2,000

2,001)

2,000

2,000

2,000

2.000
2.000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
1,/AK)

85,500

2,500
l.",,(HH)
2,000
2,000
2,(H)0
2,000
2.000
2,000
2,000
2,000
2.000
2,000
2,000
2,000
2,000
2,000

1

22

Report of the
Distribution of Brook Trout — Continued.

[No. 15,

Off. Doc] State Commissioners of Fisheries.

Distribution of Brook Trout: — Continued.

23

April

1

Date.

1888.
Mareb 27,

'11,
27,
27,
27,
29.

29,
29,
29,
29,
29,
29,
29,
29,
29,
31,
31,
31,
31,
31,
31,
31,
31,
31.
3,
3.

3,
3,
3,
3,
3,
3,
3,
3,
3,
8,
3,
3,
4,
4,
4.
4,
4,
6,
«,
<»,
6.

fi,
0,
6,
6,

m

t,
9,
9,
9,
9,
9,
9.
9,

Name ok Appli-
cant.

Po8t-ofllce.

D;in'l Jolinston, . .
W, M. I'rontz,
K. W. Wasliubauj,'h
J. D. M( tk, . . .
A. Z. Hade, . . .
H. H. Thomas .
U. A. I^onf>sdorf,
?\ M. Yoat;t'r,
K. 15. UoWiusoii.
O. E. McClellan,
I). W. iSciler, . .
(\ i:. Mctzixer.
W. S. Itutherlord,
•lacol) llaehiilan,
Thomas liovd, . .
W. \V. Mast, . . .
Seidt'l A' Hro., . .
S. S. Lcil.v, . . .

I{. \i Hcaiim, . .
.Tames S. Loose, .
W. B. Tavlor. . .
K. I'atti'rshall, .
(i. W. Uu-k, . . .
(i. A. S -ott. . .

II. ('. Aiijrslate, .
V. I\ H«'IU'r,

W. J. Scott, . . .
T. (r. AlU'Vger, .
S. Meckel, ....

A. Allx-it. . . .
T. n. Stiter, . .

X. K. Dctrick, . .

W. «'. Ilciirv, . .

L. S. rrico,* . . .

.lamt's Henry, . .

riias. Brown, . .

.\. .Mauiunis, . .

.loliii Hainlilin, .

H. Ncwhart. . .

('. Ki>cr. . .

.1. Blakeslev, . .

,1. II. Shall,' . . .

A. Vernoy, . . ,

.lames ICdiimer, .

1). M. Crane, . .

L. «i. I.ewU, . . .

K. <'. Hale, . . .

M. W. U iirley, .

(). F. Wa;^onhorst

W. K. Ailams, .

Moses V. r.risco, ,

J. 1). Berirstreser,

<i. B<'r^istrescr.

M. W. Vaniiordeii

.lolm W. Aitkin,

.John I'irink.

M. r. Watson, . .

S. A. |)enner, . .

!•:. I». I.ijrht. . . .

.1. (\ Stulii.s. . .

II. ('. Hemiith, .

H. <\ Dtinnth, .

II. C. Demuth. .

H. ('. Mnhlenherg,

tico. Steinman, . .

do.

do.

do.
Carlisle, . .
Median icsburg,
do.
do.
Rea<1in>r,
Uarrishiirg,

«lo.

do.

do.

do.

do.
Parkshnrjr,
Coatesville,
Marvsvillo,

Mo.

Maiieh Chunk,

<lo.
Ro<k Port, .
While Haven,

do.
Wainvallopen,
r>elll)end, . .
d... . .

<Io. . .

Rentonsville,
Canadensis, .

do.
Analonnnk, .

<lo.

Parkside, , .

<lo. . .

tlo. . .

Tannersville,

Swiliwater, .

do.
Houser Mills,

do.
BlaUcshy. .
Stroiidsltu) jr.
Canadensis, ,
Strondsliurg,
Canatlensis, .

do.
Daleville, . .
Mos«'o\v,
«Jf)uldshf>ro',
l)in;j:nians,
Delaware, . .
do. . .

do. . .

E^rypt MilN,
('Hrhondale, .
Dnnnjore,
Shenandoah,
1 Kites Kddv, .
I-itit7. ' , '
MiSparron.
Lani-asler, ,
do.
ilo.
, do.

do.

County.

No. of
tish
shipped.

«lo.

2,00<)

. . do

2,000

. . do. ....

2,000

Cuinl)erland, . . .

2,000

, . do. . . .

2,000

do. . . .

2,000

<lo. . .

2,000

1 Berks

2,0(H»

Dauphin,

2,000

d'»

2,000

. . do

2,000

. . do.

2,000

' ilo.

2,000

«lo

2,000

. . Chester,

2,000

. . do

2,0(10

. . Perry,

4,000

do

2,000

Carbon,

2,0<X)

do

2,0(M)

. . do

2,000

. . Lu/erne,

2,000

, . tlo.

2, 0(H)

. . ■ do

2,000

. . i do.

2,000

. . d<».

2,0tK>

. . (h)

2,0(»0

. . Mfinroe,

2,000

. . tlo.

2,0(tO

, . do.

2,000

. . do.

2,000

. . 1 do.

2,000

. . : do

2,t(M)

. . do

2,000

. . do.

2,000

. , do.

2,000

. . do.

4,000

. . i do.

2,000

. . ; do

2,000

. . do

2,0(H»

(h)

2,000

. . do

2,00ti

. . <lo.

2,0<K)

do

2,(i(M)

. . 1 «h»

2,iMK)

. . do

2, (MM)

. . 1 Lackawanna, . . .

2,0(i(»

. . «lo. . . .

2,(MI0

. . Wavne

2,tMiO

. . Pike,

2,(!0i»

. . 1 do

2,000

. . : do

2,0(K)

. . do. .

2.CK:0

, . 1 do

4,0(K)

. . 1 I..aekawanna, . . .

8,0tM>

. . do, . . .

2,(»»M»

. . Schnvlkill, . . . .

«,0(M)

. . Lancaster,

2.000

. . ! do

2,IM)0

. . : do

2,0(10

. . i do

2,000

. . i «lo.

2,(KI0

. . 1 do

2,010

. . do

2,000

. . do.

2,000

Date.

inas.

April

9,

9,

9,
10,
10,
10,
10,
10.
10,
10,

11,
11,
II,

14,
14,
14,

14,
14,
14,

14,
14,
14.

IS,
18,
IS,

Namk of Appli-

(ANT.

Amos

Lee, . . .

.Jos. H. Butler, . .

C.

B

Herr, . . . .

W.

Pji

tton,

c.

P.

Collins, . . .

c

fJersuch, . .

w.

Roland, . . . .

F.

M.

Reeves,

!<:.

\V.

Twaddell, . .

.J.

C.

Nohlit, . .

M

r.

Luekenhach,

A.

D.

Shinier, . . .

E.

.1.

Fox, Jr., . . .

.J.

\v.

<;rul»er. . .

F.

p.

Blakesley, . .

\V

. s

Britlain, .

W

. H

. Case, . . .

I.

s.

Cas(>. . . .

L.

w

. Williamson,

(i.

H

Rhoails,

F.

St

eward, . . .

I.

SaulVer, . . .

W

. L

. Harvev, . .

Post-office.

H. L. Hanlinj;,
J. Anglemeyer,

Lancaster, . .
do. . .

do.
White Rock,
Spruce (Jrove,
Oxford, . .
Holmesburg,
Somerton,
Saint Davids,
("had's Ford,
Bethlehem, .

do.
Easton. . . .
To by h anna, .
\lo.
do.
do.
do.
do.
do.
Houser Mill.s,

do.
frouldsboro',
Facioryville,
Eastoii, . . .

County.

No. of

tish
shipped.

Lancaster, . .
ilo. . .

do.

do. . .

do. . .

Chester. . .

Philadelphia,

do,
Delaware,

do. . .

Northampton,
do.
do.
Monroe, . . .
do. . . .
do. . . .
do. . . .
do. . . .
do. . . .
do. . . .
do. . . .
tlo. . .
Lackawanna,
Wyomin^r.
Northampton,

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2.000

2,000

2,000

2,0«X)

2,000

2,0tH)

2,000

2,000

2,000

2,000

2,<KK)

2.000

2,000

2.000

2,000

2.000

2,000

2, 0(H)

*251,£00

• Th<Ml..on-im. in th.' iiumlMT of l.n.uk trout s^Mit fmm tli-' K^t'-rn Hrit('lii>ry In l-**s wa-, mvliw t.j :i
riUo.." . liiit l.-str" v.'.l ..v.T 401 lit) fiv. Till- ci'i'li'iirM- r.-.i.lt.' I frM^i tin- ,.v.T.-n.-.v,tc I (•..ri tiuii ,.f tli."

n-ciiniMio! ut this uiUfoiium? l>.v pr.ivi.liiii: fnliirnod qiiiirtors for the tl5h.

DisTRir.uTioN OF Hainbow Trout.

1888.
March
April

27,
3,
0, '
11, .
14,
14, I
14,
14,
17,
17,
17,
17,
17,
17,
17,
IS,
IH,
IH,
18,
18,
18,
18,
18,
18,
18,
18,
18,
18,
18,
23,

A. S. Bonebrake, ,
\. Maiiinnis, . .
V. Koch, . .

.John l\ Battih,
Charles Brown, .
W. 11. Henry, .
CJeor>:e Bo>fard, .
S. B. Stillwell, . .
T. Acklev, ....
M. .1. Lull, . . .
William Deejran,
S. .M. Triintner. .
S. B. Mi-Cyn,
.1. P. Taylor. . .
.J. Mus.selman,
S. S. Hairer. . .
H. <>. Si Ik man, .
.1. IliMirv, ...
L. S. Price, . .
N. K. Detrick, .
T. T. Miller, . .

A. Met/uer. . .
\. V. C«»oll»auKb,
S. C. Mvers, . . .
R. S. M\ ers, . . .
T. T. Miller.

W. V. Carpeider,

B. B. M<Olure, .
W, II. Fiable, . .
OJ. S. Clemens, .

Waynesboro', .
Swiitwater, . .
Scranton, . . .
Bethlehem,
Tannersville, .
Parkside, . . .
Scranton, . . .
do. . . .

Monroeton, . .

Bern ice

Diishoie, . . .
V\ bite Haven, .
Rush,

Montrose, .
New Mahonintr,
(ioldsboro*. . .
Mai>lewo(»d, . .
Parkside, . . .
do. . .

.Xnalomink, . .
I'.aston. . .

Stroudsburjr. .

do.
Tobyhanna,
Wyoming;, . .
Easton, . .

Ranbsville, . .
Bath. ...
Mcllham'y. . .
Ashland, . . .

Franklin, . .
.Monroe. . .
La<'kawanna,
Northampton,
Monroe, . .

d(».
Lackawanna,

do.
Bedford, . . .
Sullivan, . .
do. . .

Luzerne. . .
Sus(|Uehanna,

do.
Carbon, . . .
Lackawanna,

do.
Monroe, . . .
do. . . .
do.
Northampton,
Monroe, . .
ilo. . . .
do.- . . .
do.
Northampton,
do.
do.
Monroe. . .
Schuylkill, .

2,O0M»

4.000

2,000

2, (KM)

2,(^00

2,000

2,000

2,eoo

2.000

2,(MH»

2.0(Ht

4.000

2,»M>0

4.(00

'.'.(1(10

2,0«»0

2,(KK)

2,000

2.000

2,000

4,(100

2, (MO

2.000

2.000

2.000

2.(HH)

2.000

2,000

2,000

2, too

i;;

24

RSPOIIT OF THE

Distribution of Rainbow Tiiour—Cinifiiiacd.

[No. 15,

Date.

ISSS.

2:^,

2:1,

Namk of AriM.i-

tANT.

I'ost-C^niee.

Couutv

No. of

lish

Hliipped.

E. Pliillips .
(ioo. K«'\valtl,
('. Sliutz.
C. 11. Kear, .

I Pott«4vilk'. .
; do.

I «lo.

Miueiisvillo,

Sc'liuvlkill,
do.
do.
do.

18-.7.
Mar.h
April
May
Nov.

DlSTltUUTION or CrElLMAN CaKI'.

14,

2s.
•*

3,

3,

3.

3,

3,

3,

3,

4,

4,

4,

4,

4.

4,

4.

4,

4.

4.

4,

4,

4,

4.

4,

4.

4,

4,

4.

4.

4.

4,

7,

7,

T,

7,

7,

7.

7,

7,

<■»

7,

7,

7,

I ■

7,

7,

7.

7,

7,

IT. S. Tliomp.son, .
S. Uarieit, . . . .

John Tropp

H. W. Taylor, • •
.1. Stiiieb.iL'k, . .

.1. Dic'ijl,

William Sa\ afool,
Henry I'rjse, . .
\V. IK .Tones,
.VapMi < it'hinan, .
.losi'ph Harny,
.1. S. .Moyrr. " . .
riiarU's Siruiik,
15. K. Sell,
William .Sdiuler,
S. Welder. . . .
A. i\ I.alJarro, .
.T. IOUni\er, . .
I. S. l'a>e. . . .
.1. ('. Iliintiii(;ton,
V. li. Seiiardr. .
A. M.rtels. . . .

.\mo«* liergcr, . .

1). Maier. . .

.\. Klinklianicr. .

William Towni'r,

a. M. Dooliitel, .

Miles lu.olitti'l, .

.M. !•'. .Taeoljs, . .

A. I). I'dake, . . .

I). 1». I'.aer, . . .

W. II. Maey, . .

1 1. .\. Ki/.er, .

.T. .S. Ames, , .

.Tosepli I- ink, . .

U. F. Leil.v, . . .
. A. Leil.y. . .

N. Kn«'pper, . .

W, .lake, . . . .

Unk

It'.on^ii, . .
S. Ka)iariso, .
M. Ka^rarise, .

.T. II. Folimer,

.T. Misiian, . . .

C. linsiian, . .

A. I>ek. . . .

('. S. K'.land,

S. H. Walker, . ,
!•:. r.rliad. . . .

John <int1itli, . .
A. f'uloiii, . . . .

.1.
N.

.r.

rjirardvilie, . . .
S\\ ai llimore, . .
.Mlintown, . . .

Chesier

1 r<>nl)ridu:e, . . .
Sellei>\ile, . . .
Itf.iijaniin, . . , .

I'erkasie

•iarretlord. . .
New IJriiain. .
I-iilt'>n House,
SonderloM, . .

rMriland, . . . .
I'.asl Te.xas, . . .

ilo. do. . . .

I'.maiis

Slalelord

.Ml. IJ.-lhel, . . .
TithyliaiiUii. . . .

Dunninus, . . .

I law lev, . . .

WdUes-l'.arro. . .

While Ha\ en, . .

Wilkes-Harre, . .
«<o. do. . .

Siis({nehanna,
«lo.
do.

l>rums. ...

Ileiliany,

Shii-kf^hiney,

\\ ilkes Barre,

Ki/.i-rs

Haw ley, . .

(ierm uiville, .
do.
do.
do.

Uiiuli^ville,

Yellow « 'reek,

Saleinville, . .
Oo. . .

<lo. . .

Allenwood, . .

Kasi Te.xas, . .
do. do.

('Iiamliershurjf,

Deekards

.N. Washington,

New .Millport, .
: Sliyo, . .

I New Floren»'0,

Sehnylkill, . . .
iK'laware, . . . .

I.ehi^ii

I)<'lawaro. . . .
Moniironiery, . .
BlleliS,

do

do

Delaware, . . . .
Uiicks, . . . ,

LaiM-ister, . . ,

.MolltjIOHMMy. .

Norlhanii>ton,

I,ehi«h

do

do. . .

Nor.hampton.

do.
Monroe, ....

CO

Wayne

Lii/.erne, . . .
do. . .

do. . . .

do. ...

Susipieiianna,
do.
do.
I.nzerno, . . .
Wayne, . . .
I^u/.eiiie, . . .

do

I.ai-kawanna, .
Wayne, . . .

Leiiifih

do. ....
do. . . . .

do

I.vioininjj:, . .

Bedford, . . . .

do. . . .

do

do

T'nion

liehiifl), . . . .

do

Franklin, . . .
Crawlord.
I Wesiinoreland,
Clearlield, . .
I Clarion,
I Westmoreland,

•J,<l(IO
2,0(10

70, (.00

20
].'•
20
2(»
20

20

20

20

20

20

20

20

20

20

20

20

20

2f»

20

20

20

40

*»

20

2«>

20

20

20

20

20

2«>

2i»

20

2<»

20

20

20

20

20

20

20

20

•iO

20

20

20

'20

20

20

20

20

td

2

?5

Off. Doc] State Commissioneks of Fisheries,

DisTiiiBUTioN of Gehman Cxnv—Confuiued.

25

Date.

Xamk or Ari'M-

t'ANT.

Nov,

.T. Waiinor

.1. S. MilUr

7, V. N. Miller. . .
7, R. M. Slialler, .
7, A. lloriior,

7, S. Jilooiii

7, .1. S. Ila.vfr*,

7. I (i, MnriMT, • . .

(;. iV. raintcr,

.1 r (Jifvis.

7, J. <'

Pir.

7, I .>. r. (.rt'vis.

7, I A. K. Kaip, . .

7, I I. S. «;i!l. . .

7, .lolm Tnil>y, . .

7. 1>. I'ollocU," . . .

7, .lolm rnii>\
7, i 1>. l'ollo<-l<,

•loliii itolliiian,
K, \V. Nelson, . .

I,

7,

7,
7,

7', I s.'m.'noH. .' . .

7. S. S. Ufisser,

7, F. A. S.ll, . . .

7. V\ I iot'tmaii. . . .

9.
9,

11,

i»,
iK

M. n. . ..

.1. Wray.

«;. Meyer. .U:

\., Slev«r.

St, I-. Slev«r.

\K . .J. H. Sliaiiower,

21, A, <'. I-o<U'r, .

'21. K. N. Ueiiiier, .

Ml, <;. S. Wilsnii, .

'Jl, .T. i:ttiiiirer. . .

21. Sol. Daniel, . .

•Jl, .1. l-liMilier. .

21, Sol. Daniel, .
2'J, I M. NVa-iier. .

22. I M. P.I..0111, .
22, I A. Sniilli.

22, U. I- IrexUr,

22, X. I'. < Jeoiye,

22, P. <;earhait,

Post-Oirice.

County.

No. of

tisli

shipped.

■I-

.1. II. AlUii.
C. V. Wet/el,

New Kloren<*e, . .
Stoystown,

*io. . .

do. . .

do.
Fisher's Ferry, .
Coiiaii. ...
VVillianisiiort, . .
Covode, . ,

Lanes' .Mills. i

Northinnberland,

Irwin

Indiana, ....

\a ier

Dow

Hanover. . . .
I'otlsville. . .

i Ncwnianstown,

I Bel la ire

I Orwi^isliuru:,

Dow.
I Orwiyr-^hur'T, . . .
I Carlisle, . .
I Deiherlsville, . .
I do. . .

! Men /town, . . .
l.oretlo,

Fleasant Fnity, .
Verona. . .

Curwensville, . .
! lirady. . . •

! r;rand Citv, . .
; White Hail, . . .
, SMiiierset, . .
1 'I'roy. . , . .

i Kei'dsiuir^, . .

! Danvil'.e

\\ etoiia. ....

Deeatur

Krendss. . . .
Ca-<-i\ille, . .
Mt. Cliestnut.
Fa-1 StroinKhur;,
.lolinsMiivile.
l'a<t<>ivville, .
. Mt. Methel.
I'ike's Cnek. .
CressriiiH. . . .
. i Snnl)Mry. . .
. i Uiiek Horn, . .
I <Jrinisville, . .
Davis. . . .

, (learliehl, . . .
Itosccians, . .
I (;alldee. . . .
«lo. . .

T.iirht Street. .
. ! West .\nl>nrn.
Marshall <reek.
.Xekernianville,
Me-lioppiMi,
fherryville,
Home,
SeislioU/ville, .

WestnioroUind, . .

Somerset,

do. ....

do.

(U».

Nortlianipton, . . .

T.ycoudnjf, . . . .

<lo. . . . .

JelVerson,

do

Nortiunnlierland,
Westmoreland, . .

IntliauH,

•letVerson,

Schuylkill, . . . .

, York,

Schuylkill, . . . .
Lebanon, . . . . .
Lancaster. ...
Seliuylkill, ...
do. . , . .

<lo. . . .

Cund>erland, . .

Lehigh,

«lo

Derks

Cand)ria. . .

Westmoreland, .
Alle;rheny, . . .
i learlield, ....

Indiana,

Lawri'uco, ....

Montour

.sionu'rset

HratltorU,

Clarion

.Montour, ....
Hraiitord, . .

.\nillin

Merc* r, ....
Huntin;idon,
F.utler. . . . .

:. Monroe

Nortlianipton, . .
Wyoiiiiii;_'. . .

N<")rtliampton, . .
Lu/.i'rn«\ . .

S«'huylkill.
Nortiiumlierhmd,
Montour, . . . .

• lU'rks

Indiana

. Cleartu'ld, . . . .

Clinton,

Wavne

• !<•

Colunihia, . . .
Susi|Uehantia,
Monroe. . .
Northaniptf)n. . .
Sus(|uehanna. . .
Nori lianipion, . .
l'.ra«llord, . .
Berks,

20

2t»

20

20

20

20

20

2t»

20

20

t^

2tl

20

20

20

•ill

•JO

20

'.»»

•.0

10

211

2i»

20

20

20

-.0

20

20

20

20

20

2u

•Jl

20
20

2''

•iM

20

20

20

2«»

20

20

20

2U

21 »

20

20

20

20

2t»

20

20

20

20

2t)

20

2t»

20

2(»

20

20

20

26

Report of the
Distribution of German Carp — Continued.

[No. 15,

Date.

Name ok Appli-
CAxr.

Post-oflice.

County.

No. of

tisl)

shipped.

1S?7.
Dec. 28.

y\. r. Bream, . .
W. Davis, ...
Mrs. L. <J. Kohrer,
V. \V. Hiifrjjlos, . .

T. H. Kliiio

I. F. (ireon, ....
M. V. Brisco, . .

Menallcn, . . . .

Adams, ....

20

28,
2S.
2S,

Cottajre,
liaiKiisville, .
Tike's Creek,

do.
Scranton, . .
Delaware. . .

Huntiiifrdon, .
Lancaster, . . .
I..ii/.erne, . . .

2o
25
25

2S,
28,

do. . .
I.acliawanna, .
Monroe,

25
25
2.)

2.275

DisTriiRUTiON OF Black Bass.

Oct

14,

W. IT. Sattertlnvait,

ITorsham, .... .Montjiomcry, . . .

-10

H,

H. \\. Tavlor.

CJu'ster, . .

Dehiuare,

40

14,

ilarri-ion .Totinson,

do.

do

40

19,

.\. S. Dieiison, . .

Meadville,

Crawford,

200

H>,

.S. Redmond, . . .

.NIercer, . .

Mer«-er

r,0

27,

.T. B. Cotton, . . .

Chester, . .

Delaware,

40

27,

W. P. llhoads, . .

do. . .

do

45

27,

c;. B. Wilson, . . .

do. . .

do.

40

27,

liusst'll Tliaver, . .

Phih»delphia,

Philadelphia, . . .

45

Nov.

2,

S. B. Stillwell, . .

Scranton, . .

Laekwanna, ....

nO

a! to

DisTRir.iTioN OF Rock Bass.

Date.

Jinii

lS,s«.

Na>:k oi- .\iti.i-

< A.NT.

Post-otlK-e.

River.

0,

1»,

R. P>ul.h, .
W. 1.. Powell,
H. C. Demnth,
\. C. (Jr.cii,
II. C. Fonl, .

9.

H. C. Ford, .

9,

11. (\ Ford, .

20,

II. C. Ford. .

20,

If. C. Ford, .

Williamsport, .

I H:irrishiiry:, . .

i Lancaster, . . .

litMdintr. . .

Philadelphia, .

do.
do.
do.
do.

Sus(jnehanna river,
Sus<|iichaniia river,
Coiu'stoyra crci'k, .
Schuylkill river, .
Lelii^h river at Al-

lintown, . .

Delaware river at

Kaston,

Delaware river at

Wilt* r (Jaj). . .
Delaware river at

Port .ler\ is,
Delaware river at

Calicoon, . . . .

No.
planted.

60
220

CO
100

60

100

200

1(30

140

1,100

])isTi;ii$rTi()N c»F AValt.Evf.I) Pike.

1888.
Nov. 18.
Dec. «>,
13,

Delawari' river,
Deiawar*' riv( r,
Delaware river,

.\{ Delaware Water rJap.
At T<»rt .lervis. .New York,
\i Delaware Water <iap.

17
20

H

65

Off. Doc]

State Commissioners of Fisheries.
Distribution of Salmon Trout.

27

Date.

1888.

March 25,
25,
25.

May 2,

Name ok Appli-
cant.

.T. W. Rolierts, . .
O. P. Fhinney.
C. B. Price A- Son,
James P. Taylor,

Post-office.

County.

I'nion«lale,
Dundalf.
Wilkes- Barre,
Montrose, . .

Sus(inehanna,

do.
Luzerne. . .
Sustpiehanna,

Distribution of German Carp.

Jan.

"1888."

Feb.

April

13,

i:i,

i:5,

13,

13,

13.

28,

28,

28, '

28,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13.

13,

13,

13,

13,

i:'.,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

13,

1«,

Ri,

R5,

1«N

Hi,
Hi,
ItJ,
Hs
1<5.
hi,
10,

Jacob lIolTinan, . . ,
y\. Ballmer. . .

Joseph Bri^KS, . . j
S. P. Kpler, . . I
Adam Fery, . . . . 1
J. H. Wolf. ....
(i. C. Kraus. ....
.Tos. i;ri;i.i;s, . . . . |
Roi)t. Ilusicm, . .
C. P. < "oil ins, . .

11. B. Hiirm. ...
W. (i. Roper. ...
.lames Rick. ....
J. H. Book, ....

A. I'orslu-y

W. II. Forr^hey, . .

A. <i. Heisey, . . .

A. L«'rcl\t. ....

Frank Kline, . .

Jos. Brady. ....

John < iiest. ...

A. B. Nissley, . .

I>. M. HiLdey. . . .

M. A. Sellers, . . .

JaiiMS Trout. . . .

11. Ferriltee, ...

H. <). Leilier, . . .

J. C. .McKin/.ie. .

I. N. Teitsworih,

A. B. Rupi

v.. C. Kineli, . . .
W. II. Stewart,

D. 11. Siioemaker,
John P. Siine, . .
F. (i. Horner, . .

II. P. B. Spehsley,
Sol. lloovir, . .
D. S. Pliillips. . .

II. <'. Fnt

M. M. I'er.son, . .
S. Schut/.. . . .
A. Shappell, . . .
<;. Bewahl. . . .
F. I'inllii)s, . . .
K. Mi-rpel, . .

F. J. Meiijrel.

F. W. BerUlKiser,
F. P. I'.erkheiser,
1'. lloiVimn, . .
W. II. Cooper, . .
W. R. Brohst, . .

Doufrlassville,

Fast Smilhtleld, .

Mcrcershurg, .

Annville, ...

Tremont,

SiuMU'kervillo, . |

llarrisltur^'. I

Mechaniesliurtr, .

Stro'idsbiir;;.

Sprinji (Jrove, . .

Lo.vsburir j

Lewistown, • •

Reading:: ;

Mexico, •

(irafton

(h)

F.lizaheihtown, . I

do. . ;

Lilierty Stinare, . )
Beech Creek, . i
Leaeock, . . . . |
Hummelstown,

Mader «,

Windsor j

Dillsi>ur;:, . . . '
t- riedensOurjr, . .

Mexico

Liverpool, ....
Pinsvl.

Mi'chanicshurir, .
Tvrone.
And»erson'sVary,

do.
I Potlsville, . . . .

; «to

' do

«lo. . . . .

do. . . . .

do. . . . .

Milll.ach

Potl«*ville, . . . .

• lo

do. . . . .

ill). . . . .

Dow,

do.

do

do

. I do

do. . . . .

. Minersville, . . .

Berks,

Brad lord, . .
Franklin, . .
T.ehaiion.
SchuylUdl, .
Bradford,
Dauphin,
Franklin, . .
Monroe, . .
Chester, .
Monroe, . . .
Milllin. . .

Berks

Juniata,
Iluntinirdon,

do.
T..an caster, . .
do. • •

tlo. . .

Clinton, . .
Lancaster,
I.ehanon. . .
Clearfu'ld.
Berks, . . .
York. . ■

Schuylkill. .
Jniiiata, . . .
Perry. • •

' Coluiuhin.
Cnmbei land,
Blair.

Franklin, . .
do. . .

Schuvlkill,
do.
do.
do.
do.
do.
I.,eltaiion. .
Schuvlkill,
do.
do.
do.
do.
do.
do.
do.
do.
«io.
ilo.

No. of

fish
shipped.

2,000
4,000
4,000
3,000

13,000

20

20

20

20

20

20

20

20

20

20

!.■)

15

If.

15

15

15

15

15

15

15

1.*)

15

1.^

15

15

15

15

15

15

15

15

15

15

15

30

15

15

15

15

15

15

1ft

15

15

16

15

15

15

15

15

15

28

Eepout of the
DisTuiiJiTioN OF German Carp — Couiimicd.

[Xo. 15,

Off. Do.'.] State Commissioners of Fisheries.

Distribution of Brook Trout Vm— Continued.

£9

Date.

Nam 10 OK Aim'lt-

CANT.

1KS8.

April

j<>,

J. R. CJoreclit, . . .

Ki,

S. N. IJaclev. . .

1<«,

.Toliii Nt'Non, . . .

1«,

,T. ('. (JioPii. . . .

R},

K. W. .Inckson, . .

IG,

.f. \\. Kwiiiy:. . . .

1«,

.T. D. 1)1111 klo, . . .

R5,

T. .loliiistoii, . . .

Ifi,

D. .M. .1 Olios,

R5,

A. W. Slack house,

)<},

A. H. Shciick.

Hi,

K. I>. Driimlicllor,

Rn

.loliii SoiinR-r, . .

10,

A. Mvt'is,

Hi,

(\ R F-ovd

R'»,

I. T. ('Iciuent, . , .

R5,

I. liaruer. , . .

RJ,

.lohii n. Mock . . .

Hi,

.1. hachinaii, . , .

Ri,

J. Ti. M.-iiil. ...

Ri,

V. V. Ilanliii^r. .

Ri,

L. M. I'.lkiii^loii, .

Ri,

.1. K. Iloliiil.olilt. •

R>.

.Tac<ilt I'MloT, . . .

R{,

.laooh Hoover, . . .

IJO,

\V. Van Hoi 11. . .

i:o,

J. A. Van Horn, .

lit!,

.\. (irojioiv, ....

2(1,

S, (iro^'orv, ....

*J0,

<\ S. SicA

2(1,

.1. .M, Siackliouse, .

20,

.]. A- ('. Ilonck, . .

21,

.To<<. Ilcjrcr

21,

\V. N. Z.i;rlor. . . .

21,

10. H. Pool man, . .

21,

N. ("avaiauyli, . .

:i((,

.lolin ('o|n'

ao,

(J. I». Ilnllnid. . .

:!(>,

J. K. llolnil)uhl, ,

«(i,

K. I-o|.lov, ...

May

R»,

J. KiKiy.

Rt.

A. St. riair IIc«;ov,

R».

K. ('. Frooinaii. . .

R»,

.T. \V. IloiMV, . .

Ri,

.1. .Vn<loiS'>ii. . . .

10,

.lames riisiin. . . .

10,

1>. Recliol. . .

R^

.loll 11 *i. Mastordoii,

1«»,

.1. II. Snv(i«'r, . . .

June

1,

\V \V. I'.laino, . .

11,

D. Seisholi/,, ....

Post-oHieo.

Hanover. . .

Dillslmig, . .

do.
Willianisi)f)rl,
Harrishurg,

do.
Stoelton,
Millwaiikic,
Scranton,
.shicksliinny,
Salmifra, . .
Snnldjry. . .
Hoiiosdale,
rf)i:an House,
.Mailera. . .
Snnliiirv,
West Monterv,
Carlisle. . ".
Annville,
West Whitelaiid,
Pliiladeipiiia, . .
do. . .

Daloville

I.ycoiiiiii^.

New P.iiena Vista

H unlock Creek, .

do.
(jro<ror\% . .

tlo.
Clnrry Mills,
Sliiek>liiiiiiy,
I. a Anna.
.Jeiikintow n,
.Stewardsiowii,
Clarence, . .
Cornwall, . . .
Hunloik Crook,
Mnlileiiliurjr, .
Daloville, . . .
Warner, . .

Han jslfiir^r, . .
Newlnirir. . . .
Cornw.ill. . . .
10li/..ii>ellito\vii,
Scliuvlkill, .

<U». . .

T.oysl>iir<j:. . .
.lolinstown, . .
I.arksville. . .
Airville. . .

Soisliiilizville. .

Countv,

York, ....

do

ilo. ...

I.ycoinin;;.

Daiipliin, . .

do. . .

do.

I>aoka\\ anna,

do.
liU/.eriio, . ,
Laiicist-r.
NoitlinnilKrland
Wayne.
I.N'comiimr,
• 'iearliold.
N«>rtliuiiii»orlaiul,

do.
Ciiinl)orlaiid,
T.el)anon, .
Chester.
Pliiladeipiiia,

»lo.
Monroe,
I-vcoinmir,
I'.odlord, .
I.u/erno, .

do.

<lo.

do.
Sullivan. .
I.ii// rno,
Monroe.
Moniironierv
York. . *
('••litre. . .
I.eltaiioii. .
l.n/criio,

do.
Lackawanna,
>Hllliii.
Hiiiphin.
Cunilterlalid,
l.eli.iliou, .
I .aiicister.
I'hosier, . .

<lo. . .
Hedfonl. .
Caml'iia, .
I.IIZeriie,

York, . .
l.ohigh, . .

DiSTRHU IION OF IJIMIOK TjUiUT 1*'rV.

U'isfcni Iffiff/ttrff.

1SS7. I -I

April 8. ! C. »T. Wilniore, . . ' Corrv,

H. C. H. Wilmore, . . do.

Rt, S. it. P.assott, . . I do.

Krie,
do.
ilo.

No. of

(ish
shipped.

15
1.5
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
12
12
I'i
12
12
12
12
12
12
12
12

l,;.tl2

r.,noo

7,(MiO
4,(J00

Date.

Namk ok .Viti.i-

<'ANT.

1887.
June R>,
R|, '

2(5,
2(>,
2(5,
2(5, !
20,
May 3,
3,
3,
3,
3,
0,
(5,
1>,
»,

9,
12,
14,
14,
14,
17,
18,
W,
18,
18,
27,
27,
June 4,
(».

«*,

fl,

Ifl,

21,

21.

July ^,

27,

27,

A up. 30,

Sop. 11,

v.. 1>. Whitinore,
S. 11. liassott, . .
(i. \V. Sponoer, .
J. T. Hi ley, . . .
J, 1.. Siniih, . . .
J. W. Keller, • •• ,
K. \V. Kalin, ....
,T. <;. Weaver, ■ . • '
Frank M. Arnold, .
Will. Diekson, . .
Frank (iupor, . .
\N 111. P.. H<.woU,
II. A. I'orter.
Dovonporl'Jallirath,
<Joo. .\. Hainpson,
J. W. Wripht. . .
Fred. Slioioini:, . .
Fred. Slioeriii;i, . .
1). W. Hitler, . . .

O. 1>. Horn

.Mlord Short. . .
A. McLean White,
Thomas D. Faioli,
(>. .\. Hilton. . . .
Will. Deckson,
C. M. Hvatt, . . . .
!•:. .M. l.Mliiy,
/. P.. Spriniit-r, . .
F. F. .\iioms. . .
K. K. .\deiiis, . .
F:d win .1. P.aily.
J. l.loyd Lather,
Iraiik •iiipor. . .
J. I.. I.owiher, .

W. P.oll

(J. C. Holdon, . .
(i. C. Holdon. . .
C. W. Simons. . .
C. H. Witnioio, .
.\ltVed Williams,
.laeoh Kisor, . .
'!". .s, I'earoe, . .
C. M. Wheeler, .

Post-ortice.

Warren, ....
Corry,

do. . .

Pittsburtrh, . .
UjLjonier, . . .
do. . . .

ilo. . • .

do. . . .

Clarion, ....
Sewicklej', . .
Tyrone, ....
Ii'wiii, ....
Corry, ....
I'rio. • •

N.irth-F-ast, . .
Cloartiohl. . . .
St. Marv's, . •

d(

Pittshurjrli, . .

' (iarland. . .

North-Fast, . .

Meatlville, . .

Corry, . . ■

I Opelis, . . . .

I .Si'wiokloy. . .

' Connollsville,

[ Myersilalo, . .

Uiiionlown, . .

Frio,

<lo. . •

NowUiohnion<l
Piollwooil. . . .

Tyrone

llollwood, . .
«lo. . .

; ShelReUl, . .
do. . .

Corrv, . . .
do. . .

Moadville,
Housson, . .
. Sallshiirir,
. LeP.'oiit, . .

1SS8. I
April 10,
10,
U»,
10,
R»,
10,
1(»,
10,
R',
!(',
1:5.
1:5.
13,
Ri,
1(»,
10,
10,

J. C. (Jrcon, ...

H. J. Cliniror, . .

c;. C. Ho!. ion, . .

11. H. H.wii,

H. H. Hewit. . .

Unl.l. S. Marker, .

K<»lit. S. Parker, .

«;eo. W. Klu'iip,

Chas. Parties, Jr.,

H. Mudyo. . .

All'ord Short. . .
, Frank H. HilW, •

(*. .\. Hampson, .

K. Datesm.in. . .

K. Dattsman. . .

1 A. K. (Joarhart, .

.\. F.. (iearhart, .

Williamsport,

do.
F:riP, ...
Phillipsliurg,

do.
Lock Haven,

«lo.
Williamsport,

do.

<Jo.
Norlh-F.ast, .

do.

do.
West Miltoti,

do.
Phillii'Mhuri;.

do.

No. of

Countv.

fish

:

shipped.

Warrtn, . . . 1

7,000

Frio,

4,000

do. ...

7,0(JO

Westmoreland, . .

7,000

do. . . 1

7,(HI0

do. . .

7,000

do. ■ .

7,0(10

do. • •

7,000

Clarion,

7,0(jO

Allegheny, ....

7,000

Hlair, . . • ■

14,o0(»

Westmoreland, . .

(),00<I

Krie,

7,0(10

do

i 7,000

do

7.000

(Mearlleld,

0,000

KIk

7,000

do

7,000

Centre,

0,000

Warren,

7,0(10

Krie

7,(A)0

Crawforil,

7, (MO

Krie

fi,(KlO

Vonanpo

7,0(10

AUejihony

7.(K)0

la vet to,

7,0(.K)

Soiiierset

7,(MtO

I Favette,

7,(KI0

Krie

7,(H)0

do. ....

7,000

CrawlV)rd, . . .

0,0(»0

Plair,

(),000

i.U>

12,000

do

0,0(10

do

(>,000

Warren,

:i,ooo

do

2,.'.(H)

Krie

7.nO(»

«lo

.'t,(iOO

Crawford, ....

L.'no

do

l,.^oo

Indiana

.'.,000

Frio

n,(Xi0

207.r)00

Lvooininp, ....

2,000

' do

2.0(K»

Warren,

2,000

Centre

2.(M)0

do

2,(100

Clinton

2,(MH»

do

2,000

Lycoming, ....
ilo. ....

2,000
2.000

do. ....

2,000

Erie,

2,000

<lo.

2,(XH)

do

2,000

Union

2,000

do

2,000

Centre

2,(Hi0

do

1 2, (too

30 liEl'OllT OF THE C^O. 15,

Distribution of Brook Trout Fry— Continued.

Date.

1888.
April 10,

Name ok Appli-
cant.

Post-offlce.

May

16,
16,
16,
16,
16,
16,
16,
16,
li»,
19,
19,
19, j

li),
19, 1
19, !

19, :

19, i
19, ,
19, i

19,

»>•>

»"- ,

26,

2i>,

26,

26,

2(J, i

26, I

26,

26,

26,

26,

26,

26,

26,

2(5,

26,

26,

26,

26,

2«,
20,
26,
2ti,
26,
20,
20,
20,
30,
30,
30,
30,
30,
30,
.30,
80,
30,
30,
30,
30,
30,
30,
3,
3,

A. E. Gcarhart, .
O. E. 1-U'liler, .
liobt. Datosi!>en,
W. F. Lovc'laiul,
Thos. Swenk,
A. D. Horinanco,
N. li. lUihb, . . .
11. A. State. . . .
G. W. Armstrong,
J. M. Strong, . .
.1, M. Strong, . .
Wni. Sloan, . . .
W. (;. lleed, . . .
Mosos (i ranger, .
Abraham Meyer,
li. Mapwell, . .
Wm. Wajigoner, .
Abraham Meyer, . I
I). M. I'.igler, . . .
Wm. Harrison, . . !

Isaae Kline i

Frank (r. Mctzger, 1
Frank (Jupcr, . . . 1
T. 1>. Parker,
KlmerN. Hamilton,
Wm. li. Lay, . . .
A. F. Fowler, . . . i
A. F. Fow ier, . . \
A. F. Fowler, . . .
A. F. Fowler, . . .

C. I.. l)i<-k

C. E. Dick

K. r. I sett, ....

K. Tro.xcll

AVarren Lake, . . .
.John S. Harding. .
M. W. Hriltain, . .
li. H. (iearhart. .
J. 1). \V<n)clwaril, .
, D. NV. Uovd, ...
1 A. F. Hitekler, . .
Geo. (iraham, . . .
' H. \j. M<K»re, . . .
H. 11. (Jroty.
Alex. I'ennington,
I H. F. Kol)insc)n, . .
I Jo,se|i]i Grasser, . .
' Wm. M. Coombs, .
1 Robt. M. Short, . .
John H. Whiek, . .
I .1. 1). Miller, . . .
K. v. Gartlner, . .

W. S. llaUe

IlenrvG. Faekler,
Jolin'l). Meek, . .
A. W. Kvner, . . .
S. M. Hertzler, . .
M. .1. Corcoran, . .
Sam'l li. Manifold,
\V. .1. Stiller, . . .
V. K. MeConkev, .
E. E. Met 'on key, .

\V. n. Fritz

I M. W. iJrittain, . .

County.

No. of
shipped.

Phillipsbnrg, .
West Miltt»n, .

do.
Lamar, ....
Milton,
William sport, . . i
do. . .

«io. . .

MeEwensville, .
East Sjtringliekl,

do.
Wjlliamsport,
Miniinbnrg, . .
Cogan House, . .
do.
tio.

tlo. . .

do. . .

Phillipsburg, . .
Williamsport,
do.

York,

Tyrone,

Lewistown, . .
Airv Dale. . . . .

Oil City

Ligonier, . . . .
do. . . . .

»lo. . . .

do

Johnstown. . . .

do. . . .

Spruce Creek, . .

\VdU«'s-Ilarre, . .

Pleasiint

! Wilkes- Uarre, . .

i Caniliria. . . . .

\ Danville, . . . .

Town Line, . . .

Danville

I Plymouth, . . .
l)un«latV, . . . .
Wilkes-Harre, .
lUoomsburg,
Fairm't Springs,
Wilkes-Harre,
Kouseville, . .
'I'itUhville, . .
Meehaniesburg,
do.
do.
do.
do.
Carlisle, . . .
do. ...

Slii|)pensburg,
Eberley's .Mills,

Y«)rk, '

«lo

Hriiigeton,
Peaeh Bottom,

do.
Huntington Mill
Cuiubriu, . .

Centre,

Union,

Northumberland,
Clinton, . .

Northundjerland,
Eyeoiiiing, . . .
do. . . .

do.
Northumberland,
Erie, .....

do,

Lyeoming, . . .
Union, . . . .

I.yeonnng, . . .
do. . . .

do. . . .

do. . . .

do. ...

(^entre

Uycondng, . . .
do. . . .

York,

Hlair,

Milllin. . . .

Huntingdon, . .
Venango, . .

Westmoreland, .
do.
do.
do.
Cand)ria, . . . .
«lo. . . . .

Huntingdon, . .
Luzerne, . . . .
Wayne, . . . .
: Luzerne, . . . .
do. . . . .

Montour

' LuzeriM', . . . .
Montour. . .

Luzerne, . . . .
Sustpiehanna,

, Luzerne

Columbia, . .
Luzerne, . . .
; do. . . .

Venango, . . .
Crawford, . .
Cumberland, .
do.
do.
«lo.
do.
do.
\ do.

< tlo.

do.

I York,

do

do

do

do. ....

liUzerne, . . .

do. . . .

2,000

2,000

2,000

2,0(»0

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,t)00

2,000

2,000

2,0t)0

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,<X)0

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2.000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,0(0

2,000

2,tKR)

2, COO

2,000

2,000

2,000

2,000

2,000

2, too

2.0.10

2,000

2,000

2,000

Off. Doc] State Commissioners of Fisheries.

Distribution of Brook Trout Tm-Continned.

31

Date.

1888.
May

Namk of Appli-
cant.

Post-office.

Silas M. Henry, . .
James W. Perry, .
O.sear Stevens, . .
Jonas Uentz, . . .
Joshua B. Hess, . .
(ieo. Hirliman, .
("has. Myers, . .
Chas. E. Beaeh, .
James P. Sorl)er,
J. J. Whitenum, .
E. S. Williams, .
Dr. K. W. B rally,
Dwight Heed, . .
C. H. Seharett,
O. Kulin, ....
San» (U-ery, . . .
Sam Nennie, . .
Jesse Miller, . .
H. P. K*llam, . .
II. P. Kellam, . .
' Amasa .Kpply, •
! J. H. Harrington,
I T. H. Harter,
Lvman B. Speaker,
Thomas F. Bilcy,
! Sam D. Hyan,
i Jas. C. (iilliland,
I George A. Hess, . .
I J. E. ribbins, . .

John Lig>iett.
I Roger L. Potter, . .
I E«l. Whit more, . .
I Elijah V. (Meaver, .
I A brant I'ransue, .

William Peters, .
I William Peters, . .
I Henrv C. Fortl, . .
I (;eorge W. Esser,
E. E. Hooker. . .
Chas. E. Heek, .
L A. Driggs, . . '
Arnold Baxtels. . .
G. .M. Hallstead,
Janu's Bigart. . . .
Benjamin K«'il, . .
(ieoige C. Krause, .
J. C. Kenedy, . .
C. B. Grubb,
R. M. (irilVey,
Chas. A. Hitihcoek,
Chas. H. Mottier, .
C. M. Wheeler, . .
Jas. L. Armstrong,
J. A. Roof, . . . .
(;eo. C. Holden, . .
Lerov Drake.
S. C.'lieauinont, . .
A. H. Kosenknaus,
Thos. Creighton, .
John L. MeKenzie,
J. B. Selhimer, . .
John Wister, . . .
Benjamin Rich,

County.

No. of

tish

shipped.

Camljria, ...
Central, ....

tlo

do. ....

do

Benton, . .

do

Milan ville, . .
Revburn, . . .
Wi'lkes-Barre, .

do.
Ilonesdale, . .
do. . .

Haw ley, . .

Millville Depot,
Lord's Valley, .

do.
Colley, ....
Hawkins, . . .
j do. . . •

I Damascus, . .
Titusville, . . .
Midilleburg, .
Hill's <i rove, .
Boalsburg, . .
Bellefonte, . .
Oak Hall, . .
Linden Hall, .
Beech Creek,

do.
Three Runs, .
Lu«llow,
Roaring Creek,
Shawnee, ....
Bushkill, ....
do. .... I

do I

Maueh Chunk, . I
Mount Poeono,
White Haven, . .
do. . .

Wilkes-Barre, . .
Serauton, ....

do

Harrisburg, ...

do. • ■ ■ !

Gap 1

Lancaster, . . j

White l>eer Mills, '
North-East, . . . '
do. ...

LeB«euf. ....

Parkesburg, . .

Corry

Erie, ....

Centerville, . .

Coatt'sville, . . .

Penlield, . . •

MeCulloeh's Mills

Liverpool, . .

I.ewisiown, . . .

Duncannon, . . .

Fleming . .

Luzerne, .
Columbia, .
do.
do.
do.
do.
do.
Wayne, . .
Luzerne, .
do.
do.
Wayne . .
do. . .
do. . .
Pike, . .
do. . .
do. . .
Sullivan,
Wavne, .
1 do.
do.
I Crawford,
I Snyder, .
I do.
' Centre, .
do.
do.

do. .
I Clinton, .
I do.
I Clearfield,
I McKian,
' Colund)ia,
' Monroe,

Pike, . .
I do. . .
I do. . .
t Cambria,
Monroe, .
Luzerne,
do.
do.
Lackawann

<lo.
Dauphin,
dt).
1 I^ancaster,
; do.
I'nion,
Erie, . .
do. . .
do.

Chester, .
Erie, .
do.

Crawford,
Chester. .
Cleartield,
Juniata, .
Perry, . .

a.

Perry, .
Centre,

2, COO

2,000

2,000

2,000

2,000

2,000

2,000

2,0(M)

2,(00

2,009

2,000

2,(K>0

2,000

2,0(M)

2,(KK)

2,000

2,000

2,000

2,000

2,000

2,(K>0

2,(KiO

2,tHiO

2,0(HI

2,(K»0

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2.000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,000

2,tx;o

2,0(M)

2,0tM»

2,000

2,000

2,000

2,000

2, COO

2,000

2,0»K)

2,(H10

2,(H)0

2,((M)

2,000

2,0(0

2.0(K»

2,000

2,(HK)

2,000

2,000

2,000

4,000

32

PtErORT OF THE
DlSTIUBUTION OF BllOOK TllOFT VliY—ConthlUcJ.

[>^o. 15,

Date.

1S8S.
May 30,

3(»,
30,

NvMi: OK Apim.i-

CANT.

Isaac Thomas, . . .
Allri'd .1 OIK'S.
II. A. Skilliiiirforil,
John A. Ilari'cr,

Post-oflTiee.

Count V,

liolU'foiite, .
I'liillii'sit .rs,
Ch'arlk'UI.
Pitlrsburi;h, .

Centre, . .

do.
Cloaifu'ld.
Allt'i^lieny.

No. of

fish

sbiiipcd.

4,000
4,000
0,000
5,000

301), 000

PvAINlJOW TUOIT,

IKSO.
St'Ot. 10.
10,
10,

1887
June

July

Aujr.

Sept.

Nov.

11. C. Dorr. . . .
\\. 1-. Mcwit. . .
11. C. Derr, . . .

14, Rev. J. T.. Smith,
14. 11. M. Wliite, :

24, '■ <"• H. HitchcH-k, .
21, ' A. I'>. Ileeiiel, . • I
24, H. Fi. Ch.imlKMs.
24, .1. M. Milh r.

24. Cliarli's liall, . . .
21, Louis Linn. . .
21. .los. 1'. Mit<-iiell, . .
21, .L A. UiiriM-r. . . .
27, .Ia«-<>l> Kiscr. . . .
27, Hanv IMcrson. . .

25, llon.S. 1. Senl)ur^^
2S. Fr!ini< (Jnver.

2S, .1. i:. Boll. . . .

s, llfiirv McKay, .

in. .1. r. Iteiiy. . . .

Ill, .!.<;. Weaver,

10, I S. M. MiirUer. .

13, W. <>• <iilson. . .
13, I C. II. Maltier, . .

i:?, U. S. liatlle. ...

lit, Thomas (annly, .

;»,0. .lames Keenan.

.••,0, .lohii IL llocJHSur,

;;o, John Masters,
s. K. V. Koss. . .

IJ, W. W. Hart/ell. . .

12, K. W. Lirlity, . .

10, Chas. J. Wait, . .

10, W. \V. Oliver,

2".t, Frank M. Arnoh'.,

2t», W. S. Wilkison, .

Altoona, . . . .
Hdlliihiy-'hurLr,
Altoona

HI air,
dn.
do.

lsr<s.

Mav 20,

20.

27,

3U.

30,

30,

Lorov Drake, . .
11. <'.' llastinv'S . .
John A. Harper,
Hen^ano llich,
Isiiac Thomas, . . .
Alfn-d Jtines,
K. A. Sliillin^lonl,

Lijionier. . . .

do. . . .

North-Kast, . .

«io. . .

do. . .

do. . .

Erie,

do

do. . . .

IMttslniru;h. . .
Mea«lvilU.

Martinshnr;:,
T\ roiu'. . .
lU'lhvood. . .
Lovells, . .
rittslinrt^h, .
Itottsville.
Li;:oiii«'r.
S|riii;i CrtH'k,
Norlh-F.ast.
<;irard. . . .
Ilolton.
( ;r«t iislinrjr, .
Imliana,
I'arker's Land
Titnsvjlle. , .
Conllni'n«-o,
Myersdale, .
Lock Haven,
Conneantville
(Marion.
. New (."astle, .

Centreville.
Meadville,
Soutli I'ork,
I'h-nnnir. . .
lUllelome. .
IMiiUipshnrjr,
Clcarlield,

Mi;

\YestinorelHn<l,
do.

I'rie,

do

do

<lo

il<»

ilo

do. ....

Camhiia, . . .
Crawlonl, . .
do. . . .

r.lair

d(.

do

Krie, . . .

.Mlejilieny.

Westnion'laml.

do.
Warren, . . . .

F.rie,

do. . .

Allepheny.
Wc'.tmorrland.
Indiana.
, Armsirr>n!j:, . .
Crav.lord. . .
S«>nierset. . •
do. . . .

Clinton. . . .
Crawlord. . .
riarion. . .
Lawrence, .

Crawford, .

»U>.
Canil'ria, .
Centre, . .
do. . .

* <lo.
Clearfield, .

r.,000
0,000
0,000

14.000
14.01H>

7, 01 to

7, TOO

7.0110

7.000

7,000
12.000

12.JMI0

1S,(MI0

:',.0<M>
:;.((io

0,01)0

12.e<o

12,000

."..000

I'l.lOO

12.000

12.0<0

•t.ooo

«t,0()0
0.000
0,000

".».< <«»
«;.ooo
«»,ni)0

|-..(K10
12.000
12.000
7.000
3.000
O.tMlO
7, (MO

."..000

:;.ooo
;"..oon
;'..ooo
:*,,ooo
:i,ooti

3,0»H»

.^:50,oo(»

Off. Doc]

State Commisbioneks of Fishekies.

DlSTKlBrTION OF (tERMAN CaKP.

33

Date.

Dec.

Name of Appm-

<"AN r.

Post-otUce.

Wesley Howard,

Christ. Eiiglo, . . .

Peter Helbe, . .

C. Kroiiennielter, .

Andrew Raul, . . .

S. S. Parker, . . ■

John Roeh, . . . •

John Bindle, . .

N. Kronennielter, .

Charles A. Lion,

John Krieg, ....

Thonian Corner, . .

George W. Rhines,

\V. Sweitzer, . •

W. S. Behe, . . .

John Behe, ....

C. P. Noason, . . .

W. McNelis. .

Joseph A. Zahner,

Philip Cooper, . .

Martni Myer,

Henrv Myer, . .

Simon Glalfelty.

Jesse A. /ling, . •

Samuel Uhl, . • •

i L. O. Marshall, . .

Joseph Hahii, ...

J. H. Wilson, ...

W. G. LeFever, . .

S. B. Short, ....

H. C. Kline, ....

J. F. Fleming, . .

Albert Fullerton.

J. K. Weber, . . •

Solon llateh, . . ■

Georg«' Magee, . .

George Mi-MuHen,

J. A.Devenport, .

John Leisy. . • •

P. D. Cutschell, . .

J. T. Fell

J. P. Davis

John SonntT. . . .
John Shontz, . . .

Henrv Hall

S. P. kellering, . .
Rol)ert Hill, . . • •
Christian Palliser, .
C. L. Dick, . . . .
David Ryan, . .
Silas Ryan,
Joseph Daugherty,

Corry,

Nortn-East, . .
St. Mary's, . .
do. . .

do.
Dagus Mines, .
Kerseys, . . •
St. Mary's, . .
do. . •

do. . •

do.
do.
Ridgway. . .
Pocohontas, .
St. Augustine,
do.
do.
do.
do.
do.
, Meyerdale, .
i 'do.
Pocohontas, .
McGraw, . .
Caledonia, . .
Dayton, . .
Hammett, . .
Reedsburg, .
Waterford, .
North-East, .
, Millvillage, .
Hvdetown, .
ilo.

County.

Dempseytown,
Centerville, . .
Kremis, . . .
Conneautville,

ilo.
Prospect, . . •

Utica,

Kennard, . . •
Pariloe, . . . .
Honosdale, .
Evenst>urg, .
Mercer. . . •
Sharon, . • •
Johnstown, .

do.

do.
St. Auirustine,
do.
' Locust Lane,

Erie, . . . .

do

Elk,

do

do

do.

do.

do

do

do

do

do

do

Somerset, .
Cambria, .
do.
do.
do.
do.
do.
Somerset, .
do.
do.
Warren,
Elk, . . .
Armstrong,
Erie, . . .
Clarion, . .
Erie, . . .
do. . . •
do. . . .
Crawford, .

do.
Venango, .
Crawford, .
Mercer, .
Crawford,

do.
Butler, .
Venango,
Mercer, .

do.
Wayne, .
Crawford,
Mercer, .

do.
Cambria,
ilo.
do.
do.
tlo.
Indiana, .

No. of

tish
shipped.

7

20
12
12
12
12
25
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
IJ.
I'Z
12
12
12
50
25
1»
i:'.
13
13
13
12

691)

:j Fish.

34

Date.

1887

,

March

17,

April

9,

12,

19,

28,

29,

May

14,

24.

June

14,

25,

August 6,

Sept.

H.

IT,

Julv

21,

August 26,

Sept.

16,

Report of the
Lake Trout Fry.

[No. 15,

Name of Appm-

<"ANT.

T. A. Delemater,
J. E. Eastman, . .
J. E. Eastman, . .
E. F. Belknap. . .
H. P. Morry, . . .
E. J. Hinkley, . .
A. McLeane Wliite,
H. A. Porter, . . .
Frank Moore, . . .
Clifton L. Lindsley,
T. A. Delemater, .
T. A. Delemater, .
C. W. Simons, . .
John H. Harper, .
T. A. Delemater,
H. H. Derr, . . . .

Post-offlce.

Meadville, .
Spring Creek,

do.
Elgin, . . .
Custards, .
Cambridgeboro',
Meadville,
Corry, . . .
Waterford,
Corry, . .
Meadville,

do.
Corry, . . .
Pittsburgh,
Meadville,
Wilkes Barre,

County.

Crawford,
Warren,

do.
Erie, . .
Crawford,
do.
do.
Erie, . .
do. . .
do. . .
Crawford,

do.
Erie, . .
Cambria,
Crawford,
Luzerne,

No. of

fish
shipped.

2,500

.S,000

4,000

20,000

8,000

16,000

24,000

18,000

25,000

5,000

30,000

25,000

5,000

9,000

7,000

8,000

209,500

Lake Trout, One Yeah Old.

OTi.

May -Aj,

August 22,

Sept. 1,

10,

F. B. Whipple, .
T. A. Delemater,
V. B. Whipple, .
F. B. Whipple, .

Erie, . .
Meadville,
Erie, . .
do. . .

Erie, . .

Crawford,

Erie, . .

do. . .

1,500
2,000
1,060
1,000

5,560

Hybrid Tiiour. One Year Old.

Manh 10, D. W. Seller,

1888. I
Mav 10, I S. B. Stillwell,
10, J. Ti. Connell, ,
li. Struber, . ,

21,

22, L. Struber,

24,

26,
26,

27,

Lake Trout Fry.

L. Ptruber,

T. A. Delemater,

Lery Drake, .

Jf»hn H. Harper,

Si'ranton,

Erie, . .
da . .
. j do.

. I Meadville,
. I Contreville,

South fork, . . .

T^at'kawanna,

do.

Erie, . .

do. . .

do. . .

Crawford,

do.

Cnml>ria,

* Three year old.

2,000

2,000

40, 0(H)

40,000

40,000

a5,ooo

4,000

163,000

♦60

On-'. Doc] State Commissioners of Fisheries. 35

There are at present in the hatching house and ready for ^^^^^^^^^o

June 1, 1888-Brook trout fry, ^^^ ^^^

Lake trout fry, 27?', 000

Ilainl)ow trout iiy, -

Statement of stoek tish at the station June 1, 1888;

Brook trout— Four-year old,

Three-year old, . . .
Two-year oUl, ....
One-vear old, ....

. . •

• . • •

475

401)

3, 259

10, 000

llainl)ow trout- Four year old, . . .
Three-year old, . . .

Two-vear old

One-vear old

, » . .

• •

800

125

900

1, 900

Lake trout Four year old. . .
Three-year old, . .

Brt)Nvn trout- One year old. . .

. • • • •

• • •

IHO
1,500

700

1, . . 2,500

Hybrid trout Two year olil • • ' lo 000

One-vear old ' -

Carp— Four year old. . • •
Three vear oltl, . .

8
50

DisTRiiuTioN OF Whitefish Fry FROM Erie Hatchery. 1888.

Date.

April 7,
10,
10,
11,
12,
13,
20,

Number.

Dkstin.^tion.

2,085,000 Lake Erie,

2,040,000 do.

2,075,000

2,160,000 i

2,100,000

2,300,000 '

1,840,000 I

do.
do.
do.
do.
do.

14,r>00,000

Transported l>y

Tug MeCarten,

do.
Tug Hoill, . . •
Tug Florenec, .

do.
Tug Guyling.
Tug Florenee,

>rc9senger.

William Carey.
John Mahcr.
William Carey,
John Mahcr.

do.

do.

d«».

The tish were all deposited in -ood condition, from two to six

in oi>en water.

Aetual loss durinj; ineuhation. 400,000.

miles

i

36 Report of thk E^^- 15,

Deposits of Shad Fry in Waters in Pennsylvania, 1888.

Date.

Maj' 7,
31,
29,
8,
10,
11,
12,

14,

29,

June 4,

May 30,

June 1,

5,

3,

6,

1,

6,

9,

12,

11,

Number.

500,000

1,800,000

490,000

500,000

1,392,000

600,000

1,000,000

400,000

933,000

1,000,000

2,125,000

597,000

«17,000

600,000

600,000

600,000

698,000

684,000

570,000

480,000

1,000,000

Stuea^i,

17,186,000

Susquehanna river,

do. <lo.

do. do.

do. do.

do. do.

do. <lo.

do. do.

do. do.

do. do.

do. do.

Delaware river, . .

do. do. . .

do. do. . .

do. do. . .

do. do. . .

do. do. . .

do. do. . .

do. do. . .

d(». do. . .

do. do. . ,
Juniata river, . . .

Point of deposit.

Columbia.

do.
McCall's Ferry.
Peach Bottom.

do.

do.

do.

do.

do.
Harrisburg.
Laekawaxen.

do.

do.
East on.

do.
Delaware Water Gap.

do. do.

(fo. do.

do. do.

do. do.

Newport.

LIST OF FISH COMMISSIONERS.

The United Stoti'8.-Co\. Mavsliall ^McDonald, Commissioner, AVash-
in^toii, D. C; Capt. J. AV. C\)llins. Assistant in (liaipv of Fisheries Di-
vision: Richard Ratlilmn. Assistant in Charizv (.f Sii(>ntitie Incinirv:
Col. John (iay, lnsi)eet()r of Stations.

Jhihntin.-Co]. D. R. HmuUey. Madison: Hon. Chas. S. (i. Doster,

PiattviUe.

Arizona. J. J. dosser, Preseott: Riehard Rule, Tombstone: J. H.

Taorp-art, Business Manag-er, Yuma.

Arkansos. H. H. Rottaken, inesideiit. Little Piock : \V. B. AVoitheii,
»ecretaiy. Little Roek: J. AV. Calloway. Little Rock.

(This State has iu'ver made an api)roi>riation for tislj culture.)
Jhmtiiiioit of rV(//f/<Af. -Hon. John Tilton, Dei>uty Minister of Fisher-
ies. Ottawa. (Insi)ectors of Fisheries for the Dominion of Canada, 1888 :
\V. H. Ro«rt'i«. Amherst. N. S.: A. C. Bertram, Nortli Si.hiey, C. B. N.
S.: W. H. Venninjr, St. Jt)hn, X. B.: NVm. Wakeham. (Jasiu' Basin, P.
Q.: J. H. Duvar. Alherton, P. E. L: Tlu.mas Mowat, New Westminster,
B.C.: Alex. McC^ueen, AVinnepeo. Man.) (Orticers in Charge (»f Fish
Breedinj? Estahlishnu'iits: S. Wilmot, superintendent of tish culture,
Newcastle, Out. : Chas. Wilmot. otlicer in char«:e. Newcastle hatchery.
Out.: Wm. Parker. Sandwich. Out.: L. N. C^itellier, Tadoussac, (^.:
Philip Vibert. Oaspe, Q. : A.H.Moore, Majr(»p-. Q.: Alex. Mowat, Ris

3

?:

m

lli.roin OK iiiK

[No. i:

Dr.rosiTs OF Sua

i» Fi;v IN

\V\ri.i;s IN ri:NN>vi.v\Ni\. isss.

Date.

Niim

Ih r.

Si ra:\M.

May

29.

10,
11.
12,
14,

20.
.lime 1,
M:iv MX
June I.

o(tO.<Mi()

l.sO(».0(Mt

4'>(>,(H»0

.')0i »,(•(•<>

l,:5<»2.(ini

(iOO.tKUl

l.uno.ooH

4llO.O(KI
1.(1(10,(1(1(1

Jus<iui'h:inna river

• In.

.1.1.

<ii>.

<i>

2.12."i.tH>n H<1;(\\ air rixir.

12.
11,

.V.tT.lioH
()17. •>•'(»
«»(M 1.(1(10
()00,(M)0

(;(io.(»(iO
^;•|«^.o^u»
•M.ooo
:.7 0.000
4^^o,ooo

.1*..
ilo.
.lo.

(I<

• lo.

(lo.

(lo.

roiiit (>r<h>i><>sit.

( 'oliiiiiliia.

do.
McCiiir- Vivry.
rea<'li l^oltoMi.

<Im.

Harrislmrir.
l.aikaWMxeii.

.lo.

Ka^toii.

.lo.

pelawarc Waier <iai>

1.000. (too .1 imiaia rmr.

• !•

Ntw port.

.!<

■ lo.

17. iv;,(Xio

III

i.is!' or risn commissionkhs.

Thr I'nUol Stnt,.. C.l. MmIsIimII M.' I )o1Im1(1. ( 'olimi i^L 00 t

o-toii. 1>. ('.: Coi't. .1. W. ("..Hill-. .\>-i>t.iiit ill ('liarij.' •

Wash

vision

Iticli.Mid ilatliloiii. As>i>t:iiit in Ciiai-

.f |-"islo rir>
1

Di

if S.i.iitttK- lii«|nir>

CmI. John (lav. liis|MTt«»r of Statooo

\h,}

mniii.

('(.1. 1>. 11. Huihlh V. A|a.li>.»ii

H.

• 11. ( lia-

S. (i. l)(»t» r

IVattvill.

A

it:.iiini .

.1. .1. ( i(»|

M:

ttl

I'roiolt : Uichard U'il< . Touiltstoii

If

TaiTizavt. Uusiinss Maiiaovr. \ uiiia

IW.

tl IISIIS.

H. H. i;.»ttakcii. |»i

CSK

l.iit. I.ittl. K<'>is: W. 15. \V<»ithrn.

>»'fr(

■tai-v. Littl.- Ilock: -1. \V. Call. .way

Litt'

f U(HI\.

(This Stat.' ha- ii.\. r iiia.l.' an a|.|.r.>|»riati.oi tor tish .iiltnn

/>

iiiii I II II III I

•f (

I I III ii III

I,

\vs. ( )tta\va. ( Inspcrtors o

H.oi..h.hii 'l'ilt..n. I).|.iit\ Mini>t.r.>f Ki^h.-r
f l"i>h. )i.» I'.'itli. I ><»iiiinion ••»' Canada. iSSS

\V. H. Iioi-rrs. .\iii1mi

St. N. S.: A C I

Ki tram.

N..itli Si.ho'V. C. 15. N.

W. H V

rlillin

o. Si. .h.hii. N. 15.: Will. Wak.'hani. Cas)i

l>asin

r

{).. •]. H. I)ii\ar. .\ll«rton. I'. V. \ . Tlooiia

> M

( iw a

t. N.w \Vtstniin>t« r

]5. (*.: .\l.\. Mr(,)nc.ii. Winn.-|

o M;

111. I

;( MVif.-i-. in ( 'liaiL:.' "t" l"'ish

r.ivcdin- K>tal.li>hni.iit>: S. \\ihn..t. >n|Miiiit.ii.l.nt ..f ti>h .ultui

irWi-a

stir. Out.: Chas. Wilni.'t. .'tVir. 1 in cliaro.'. N.wca

>tlc hatclnrv

Ojit.: Will.

I'arU. r. Saiidw idi. < Mil.: I.. N. Cat.'Ui.r

Tad

(Olssac

<.).

Vliili]' Vil'.it. ( ia>i'.'

( V : .\ H. M«>. 0. . Maooi.'

( ). : .\1.\. >l.»wat. His

S.

INTENTIONAL 2ND EXPOSURE

I

X

^i

5

»

s

IL

n

<

X

X

Off. Doc]

State C'ommissiuneks of Fisheries.

37

tij?c)iu'lus Matiipedia, P. Q. : A. B. Wilmot, Bedford, N. 8.: C. A. Fai-
(luharsou, Svtbiev, N. S. : Isaac SheasfTieeii, Mirainichi, N. B. : Charles
McCluskey, St. John Bivor, Grand Falls, N. B.. Henry (lark. Dunk
Biver, P. E. I.: Thos. Mowat, B. C. hatchery. New Westramster, B. C.)

CV////o>)^/f/.- Joseph Boutier, Sacramento: J. D. Harvey, Los Au-
<;eles: (Commissioner T. J. Sherwood resijrned March 15, 1888.)

Colormlo.-G. F. AVhitehead, Denver.

CoituPcticfff.-'DY.Wm. M. Hudson, Hartl'ord; Bobert U. Pike, Mid
dletown: Jami^s A. Bill. Lyme.

(The State has no official superintendent, most of the hatching? being
done by Henry J. Fenton, Pixpioiniock.)

DcJinnire. — Charles Shubert, Otlessn.

Gi'oiyin.-J. H. Henderson, Atlanta: (superintendent Dr. H. H.

Carv, La Grang-e.)

Illiiivh. y. K. Fairbank, president, Chicago: S. P. Bartlett. Quincy :

Geo. Breuning, Centralia.

/Ktlinwi.- YiUos B. Beed, Indianapolis.

Jofra.—E. D. Carlton. Spirit Lake: (Superintendent. Ole Bjorenson.)

Konsns:- H. Fee, \Vann'go.

Kcufucl't/.^Xni. Griffith, president, Louisville- P. H. Darby, Prince-
ton: John' B. Walker, Madisonville: Hon. C. J. Walton. Muntordville;
Hon. John A. Steele, Midway.: W. C. Prici\ Danville: Hon. J. M.
Clnunbers, Independence: A. H. (robh-, Cathttsburg: J. H. Mallory,

Bowling Green.

M(iim.-E. M. Stilwell, Bangor: Henry O. Stanley. Dixtield: B. W.
Counce, Thomaston. sea and shore tislu'ries.

ManjJnnd.- Dr. E. W. Humphii«'s. Sahsbury: (i. W. Delawder, Oak-
land.

Mnsstfcfnmffs. E. A. Brackett. ^AViiuhester: F. W. Putnam. Cam

bridge: E. H. liathrop. Sprhigtield.

J//r///V/rf«.- Herschel Whitaker. president. Detroit: Joel C. Parker.
M. D., Grand Bapids: Hoyt Post. Detroit: Walter D. Marks, superin-
tendent, Paris: Wm. A. Buth-r. Ji.. treasurer. Detroit: George D.
Mussev, secretary. Detroit.

M'uinvsnti,. AVilHam Bird. Fairmount: Nih's Carpenter. Bushford;
Robt. Ormsby Swteny. presi<lent. St. Paul: (superintemh'ut S. S. \\i\i
kins, AViHow Brook, St. Paul.)

Missuuri. H. M. (iarlichs. rhairman. St. Joseph: J. L. Smith. Ji'flVr-
sini V'Myx H. C. West. St. T^ouis: A. P. Campbell, secretary. St. Joseph:
(superintendents: Philip KoppHn. Jr., St. Louis: Elias Cottrill. St.

Joseph.)

Xi'hrash,. William L May. Fremont: Pi. 1{. Livingston. Platts-
mouth: 15. E. J5. Kenn.>dy, Omaha: (superinten.lent. M. E. O'Brien,
South Bend.)

Xfvtuin. AV. M. Carv. Carson City.

EErORT OF THE

[No. 15,

38

V,.„- ff,„„/.«/,/,r.-Ge.,. AV. Kiddle, Manchester; Elliott B. Ho<ke,
Plvmouth: John H. KimUdl. MavlU-ron^h; (su,.e„nt..nde„t ot Ply

-ttS'^ljrS'^e:^- ^^ -.., Ke.t.,..

r^ • • V <l l^lukfoi-a comm ssumer: William U 1^ out, enf?i

V,„//, r,„„/;„».- Wi... J. (ivifliii. .Imnnian, Eh«d.etl. Cit> . J. «.
AVat«..n.KuKlelm.d: \V,n. T. Cil..., B.iylKm.-. ....,,. ^,„^ secretary

O/,;., (• V. <)«lK.rn. president. Oavton; A. ( . A\ lUmms, ««:"'«>>•
Clln-n Falls. .1. C. H.rfer. Bellaire: .Tola, H. Law. Cncmnat. ; Hon
En^. 1) I'otter. Toledo: (superintendent. Henry l)on,.lass. Sandusky =)

(ehief warden. L. K. Uuntain Dayton.) Tlionn.son Port

Om,..».- F.C. Keed. president, Cla.kan.as: t_ 1. ^''""^""•/'"
land- K (■ CauM.lM'll. Uanier. (Tern.s expne n, F.^luuao, ISW >
Unci. u. v.vai i ..resident. 1823 Vine street, Plnhulel

/• T . V Tono- c.oiTesi>,)iulin^-se(ivtaiy, T5Fittliavemus Pittr,-
nlua: James \. honp. ioiunimmuuu^ i ,. c i^i KfiUv^ll Scraii-

1 1 w ( ' l>..iinitli srtretarv (»t lM»anl. Lant-aster: S. li. ^tll^^ell, J^ciaii

ton; A. ^^l^f -; ,^ '^^^V ^;,^ n; ,. .^ William Buller, Cony.)
neniitriuU'uts: John 1 . ^ !♦ >t iiii^. .-^u i>.„.i-i,n.rl • Htnirv T

Edward 1). Hifks. Nashville.

/'^y ; A AliUnn Afiisser Salt Lake C it v.

r't:;t h!'-!",' Lunar.l. St. .M.-ans. F. H. Atherton. AVaterbury.

rr- • • 1^,. T T Wilkiiis Hvidiretowu.

, Sutton.. ^1^^^^:.::^^::^,^^,.,.,. ,..^^,.. ^w.

iJn- C L Valentin,-. s,.eretary an.l treasurer. .Tan.'sv.le : Ma.k Uou(,
r Meir s,. 1 V. H. Carpenter. Milwauk.v: C-«lvert Spensley, Mmeral
Poi,^tE.S. Miner. Sturp'on Bay: (superintendent, .!.«.. Ne«n, Ma.l.

U'lfrnnhuj Trrrihnn. Louis Miller, Laramie.

Off. Doc]

State Commissioners of Fisheries.

39

DIRECTIONS FOR OBTAINING FISH.

AUJish di.tribnU'd hi, the Comuusslon, except German can, are in-
tended for fjuhlic streaw-s only. , . , , i • i:

The Voung fry of any fish we hatch can l.e obtau.ecl by making appli-
cation io the Connnisioners for the proper blanks, wh.ch should becare-
inlly tilled up and forvvanled to the Conn.uss.oner hyn.g nearest to the

"'-rhrmeans at the disposal of the Co«nuissionei> are too small to
justify the deliyery of all tish that are hatched at the expense ol the
State but the Comn.issionei. will do all they can. When part.es Inu
appr^yed applications :u.d accon.pany the fish, the Stae ".IH"™'-^
cms for tmnsporting them, but which must be .nnnedn.tely returned U
exuress C. O. D., at the State's expense.

Mmmi trout are a deeplake fish, and not suitable for shallow, w.ann

"** Brmik trout fry will !«• distributed in the u.onths of 5Iarch and April.
Cah o..ia trout fry in April and May, and ,ul„lt black bass ^^
and NoyemlM-r. CJennan carp in October an.l Noyen.Wr. Due notne
will always lie given by nniil to apidicants.

Six twelve.K,dlon cans filled with fish, are all that one n.an can man-
a<.e or pro,.erly take care of. Water in the cans contannng the fish r.--
.,;i«.s instant aen.ting with a plunger, which a....on.pan.es *!'- "'». '
by shaking the can, .u. directe.l by the superu. endent on delne j, who
will -ive full instructions as to the care of fish during transportation.

P.;^.ns making application for fish to be d.-liyered by the C omiiiis-
si,mers must arrange to meet them :,t the n.-arest statnm on tin- ma
lin,. of railroads, as th.; m..ss..nger m charge gen.rally has fish loi

different pirsons each trip. ,

N-o man should go to sleep whih. transporting fish, an.l leave them
alone while in the cans, as it will be sure d.-ath to them.

Deposit all fish as near the head of the stream or lake «« P<-.We.
Youn.- fish, if practicabh-. sh.mld be ch-posited at n.gl, . where large fish
.lo not feed much, so that they may find hi.lingpla.-eslH.lore monung.

Brook trout put into mild, still water are thrown awa.v.

Aluommunications must !« addressed to either of the Con.niision..,,..

APPENDIX.

-»»

l(j Fish.

OE TENNSYLVANIA

(WITU AX IXTBODrCTOUY KSSAV)

REI.ATIN" TO

FISH AND FISHING.

COMPILED nV

Frederick J. Geiger, Esq.,

rOB THE ANOKER'8 ASSOCIATION OF EASTERN PENN-
8YLVANIA AND PKESENTEI) TO THE COM-
MISSIONERS OK EISHEK1E8 Or
PENNSYLVANIA.

The Law Mating to Tisli and Fishing.

TABLE OF CONTENTS.

troat it in the following manner, to w it .
I. Nature and Sources of tlie Law.

1. Common law.

2. International law.

3. Statute law. international Law relating o
n. General prinHples of the common Law and the Inteinat.

this subject.

1. Property in fish.

2. Property in water.

in. statutes of Pennsylvania relating to-

1. Fish ard fishing.

a. General provisions.

h. Provisions as to certain knuls of fiah.
o Fishery Commissioners.

a. Ho'w api^ointed, duties, etc.

• islature to be public highways.

6

Eeport of the

[No. 15,

NATURE AND SOURCES OF THE LAW EEL AT
ING TO FISH AND FISHING.

The sources of tUl»
law.

The fommon law.

The law of Pennsylvania relating: to fisli and fislnnjjr,
as indecHl, with rofoionco to all the ordinary le^ral rights
and duties, is not to be found wholly in tlu^ statutes en-
acted by the Legislature of the State. On the contrary,
this law though forming one comph^te and homogeneous
whole is vet derived from three distinct sources, namelj%
thecr>m»/o«/«/r,the7a7/-o/^<«y/oy^s,or/»/rr»<<»//o»«77mr,and

the siafuie law. We will briefly consider the law upon the
subj(Ht undrr discussion, derived from each of thesi' three
sources The great 1 .odv of legal principles by which such
ii<dits and duties are defined is cahed the common hur.
The common law of Pennsylvania is derived from the
c<mimon law of England, which is defined to be thc^ body
of rules and principles applied by the courts of that
countrv time out of ndnd, in ihv administration of jus-
tice and the regulation «»f reciprocal rights and duties.
This law was (established in all comitri.'s colonized by
British subjei-ts, and wh.^rever administered is being
constantlv enlarged in its application, by process of rea-
son to meet the lu-w wants and conditions of progres-
sive societies. An attnni.t to trace this law to its remote
sounrs would not be in pla<v here. It is suthcient ior
the pn^sent purpose to say, that, in general, tlu" only au-
thoritalive state inents of it are to be found m the decis-
ions of the courts; though Legislatuivs have sometimes,
by statute, declared what the common law '"is and ever
Inth been •■ ((0, Nvith ivfcMvnce to particular subjects, or
liMve confirmed the c<mim<.n law without spin-ial allusion
to it Statutes have enlaigvd, curtaihnl, altered and
abolished the common law in num.nms particulars: but
the <nvat b<.dv of our law is still this hx lum srnpfa, or
miuritten law, which is only to l)e U-anied fnmi its apph
ration bv th<; courts to particular cases. So far as it is
MDplical'.le to <»ur condition and institutions, the comimni
law of England, as it existed at thr time of the D.vlara-
tionof li,dep«>ndence, (except as since altered by consti-
tutional and legislative provisicms), is the law of lenn-
sylvania: and no branch of our law can be intelligently
tieat.'d without numerous references to it. Certain por-

~7^) Introdm-tiim to Bhu-kstone's Couiuiontaries, 80.

Off. Doc] State Commissioners of Fisheries. "^

tions of the English statute and charter law, of the same
period, are also incorporated in the common law of Penn-

'^Thet.. of nations or infernational law, is the system T,,e .ntemauona.
of mles which civilized states acknowledge to be obliga-
tory upon them in their relations to each other and to
each other's subjects («). This law regidatos the rigj of
fishing in the open sea beyond the temtonal juriscliction
o tan; nation, and, in the absence of treaty ^tU^ulaUons,
the exclusive right of the subjects or citizens of paiticu-
L coimtries to fish in such parts of the sea as are xmder
the iurisdiction of their particular nationalities.

'^Mute or written law is defined to l>e that law T.o.a.te,aw.
which is estabUshed by the act of the legislative po^^'er {b).

We will now briefly consider the general principles of
the common law, and of the law of nations, relatnig to
the subject of fish and fishing.

GENERAL PRINCIPLES OF THE COMMON LAW
AND INTERN ATION.VL LAAV.

Fish are, bv the commcm law, included in the class of
Jmals fra' natura, that is, of a wild nature. Such
u im s in their wild state are res mm^s, the pi.jpeiiy
one, and may therefore, speaking generaUy be
taken bv uiv one who can catch them. They then be-
etle the property of the pc.son who thusla.iully takes
or caAures them (c). Where fish are retained alive in a
H ate of captivity, they --ain the property ot the pe-
8on soretahiingthem; and it has been held where the
p's'cA conditions were such that the fish could n.t
esJape fnmi the tenitorial limits of a single owner ot he
1. ;? but might be taken at pleasure, that they were the

" > pertv of such owner. Where fish whu-h have be.^
captured escape from^;ap^^

TT^'S^i^^^i^i^^^^T^ Dictionary, 739. The liberty has been taken
o/ristuutb., the word, Cimcl for the word cnr.Uan n. the

(Ul'inition.

(,,) lioovler'. Law DiH-nar,-, 543

to his executor. Owen's English K. B. Rep.. '.iO.

Property In f1i«U.

8

Eeport of the

[No. 15,

Common ristlit to
flsh restrlctea by
territorial llralta-
tloas.

Property In water.

Property in tlie soil
( under the water, i

fore to the common ri-lit of captm-e, and become the
property of the first person who afterwards takes them
This common right of capture is, however, restricted
bv ten-itoi-ial limitatitms, and must not be confounded
with the right to take fish in particuhir places, which
may be exchisive in individimls or classes The right or
privih-e, whether common or exchisive, of catching hsli
in certain waters is termed a fishery. The ckssification
of fisheries at common law will be noticed hereafter.

In water, as in fish, there can be only a (luahfied or
usufructuary property at common law. In its natural
condition it is regarded as too transitory and unstaJ^le a
medium to be the subject of absolute ownership, livery
riparijui oysiiev (that is every owner of land bordenng
upon a natural stream or body of water) has, however, a
rio-ht to such reasonable use of the water as will not in-
terfere with the same right in others. He has a right to
have the natural ccmdition of the water within his own
limits preserved from pollution, and from sensible dmii-
nution or disturbance arising from the acts of other mni-
rian proprit>tors (a). The pollution of a stream so as to
render it mifit for fish to live in is actional) e />). AVater
may, however, lik(> fish, be taken (by buckets, etc.) and
then it becomes private propei-ty.

In dt>aling with the rights exercisable within or upon
streams or bodies of water, the law has regard to the owner^
ship of the soil upon which the water rests or ovtn- which it
flows {<■) Land in the theory of the law, extends downward
to tlu' center of the earth and upward into the atmosphere
for an indefinite distance; u,sque n,l co.hnu,vxonio the
skv id) A boat floating above a man's sod is m tlie ey»'
of the law within his land (.). The right of fishing, which
is a right «'X(nvisable within ov upon streams or bodies of
water, is, therefore, dependent upon the ownei-ship of the
soil under such waters (/). Though a common right, the

~^)"S7oar on Rights of Water, 30; P^^crson on Fishery Laws 72^

(M Cot.lson A Forbe«, Law of Waters, llo, loO, 369; 2 Black
stone's Com., IS, and note to Sharswood's Ed.

(f ) Phear on llights of Water, 11.

(d) 2 Blackstone's Com., 18.

(r) Bover on Universal Pu»)lic Law, 353.

( f\ "The exclusive right of fishing in the one ease (in private
uaters^ and the rublic right of fishing in the other (m public
wa e ; depend upon the existence of a proprietorship in the soil
of the private river by the private owner, and by fe-vereign in
a public river respectively." Wail's Actions and Def., Vol. 3, p.
369. See also Angell on Watercourses, § 5.

Off. Doc] State Commissioners of Fisheries.

right to take fish is universaUy subordinated to local or

landed rights. .

The right to take fish in particular waters is, therefore,
prima ftvcie (that is in the absence of proof to the con-
trary) exclusive in the ovmex of the soil beneath such
waters {a). This right may however be granted or sold
independently of the soil, and where the gi-ant is exclusive,
the grantee or purchaser may restrain the owner of the
soil from fishing within the temtorial Hmits of the
grant (fc). ^liere one gi-ants to another the nght to
pai-ticipate with himself in the use of a fishery, he cannot
be justified in taking fish in such a way or with such
apparatus as would leave none for his grantee (c).

Let us now see in whom is vested the ownership of the
soil under the watei-s, and consequently the right to fish
in them, in and near the Commonwealth of Pennsylvania.
In the first place, it is a doctrine of international law
that that portion of the earth's surface covered by the
ocean beyond a certan distance from the coast hue, is the
property of mankind at large. The use of the open sea
for the purposes of navigation and fishing is consequently
common to all the worid, and no person or nation has a
ri-ht to claim the use of it to the exclusion of others ((/).
"The soil uuderiving all the other iraters of the earth,
and ccmsequenfiy thesi' waters, are owned, either by the
o-oveniment within whost^ Ixjundaries, or by the nidivid-
uals over whose privat.' lands such waters nm. A^^lere
such natural streams or bodies of water are oxj^ed by a
govei-nment, and hence are public property, all the citi-
zens or subjects of such government have the light to
fish in such waters, but not the citizens or subjects of any
other goveniment, unless by grant or prescription. But
where the waters are exclusively owned by an mdn-idual,
only such individual has a right to fish therein. Both
the government and the private individual may, how-
ever, grant away this right to fish, either wholly or in

part (<). , , , ,

The law of natitms concedes, however, to each soaci-

eio-n state ownei-ship of and jurisdiction over the sea on

aU sides for a Vunited distance beyond the line of ds

9

The right foflsh ex-
clusive In the owner
of the soil.

Owner of soil may
grant or sell hla
right.

Ownership of the
soil and right to
Hsh In the ocean.

Ownership of the
soil and right totlsh
in other waters.

(a) Coulson & Forbes Law of Waters, 336, 361.

(6) Coke upon Littleton, 4ft.

fc) Schultos on Aquatic Rights, 89, 90.

(,/) Rover on Tniversal Public Law, 354, et acq.: Houck on Navi-

gable Rivers, 138.

(c) Schultes on Aquatic Rights, 6.

10

Eeport of the

[No. 15,

Off. Do3.]

State Commissioners of Fisheries.

11

Owncrslilp nn<l ron-
trnl of thfi soa In-
i-liirto the fhoit of
the sea.

Right to fluh in-
clude!* rlBlit tu usv
tJie nhoro.

Ownorrhlp "f the
soil ni.il ritilit u>tt^n
in cTcckw. Iiiiv!" aiKl
uriii!« of tlu' ?>»'« aiKl
in nnvlKi»l'le rivers'.

shore» (a) This aistance modern authorities geiiemlly
,tee to be one marine W^e, or tl.ree nautical mies
S Is eo„si<lerea the utmost distance to which a
o niion shot coidd he thrown (W. By the common a« of
EnZid also the fun<h„a or bed of the ocean within a
^Sel-ue of tlfe shore is part of ^?r^^^
boundary of the kinRdcmi extendmg, >° /^^^^^ t'"";!:;;;^
that distance from the coast line on all sides « it nn

:•: Wdary the sov..rei^i ownership and conUj^
ocean is in the crown [or gov.rnment] ; hence the ii„m
to fil in the same is common to all the subjects or citi-
zens o the crown [orgoveniment], unless an exclusive
tra'it f tlu- same has been made by the ROve«iment (c .
^Jnt is ownership and .outvol of the crown is also n-
chuU-d the shore of the sen, which has been defined to »
tl portion of land a.ljacent to the sea which is altei-
n ely overod and left dry by the ordinary flux and ivflnx
"f the tid,.R. Land above the neap or ordinaiT tides is
t^^L, and not part of th.- bed or f-" " «- ^ ^
thoiK-ii subject to the hiRher penod.cal tides (, ). Ih s
oniin on or own.rship of the crown m he submerged
s J shore of the sea is ,„■,•»-« /."-V ""ly; ""f""^
re utted bv evidence of private ownership (c). Tl e
on. riMit to fish in the sea includes the use of the
H;;;:: shor; l-r aU purposes essential to the reasonable
enjoyment of the risht (/).

15v the common law. also, the soil ot an r,, , .

* 1 *-/l,.«,,/ within the. dnne limit, and

iiVs ?«(iMaiidar»i.f ■:/""■«".""""'" ,, i « ,„.,^ ;„

. ,1 ■ II. ,-;,.,.i.>, wh.'iv tlie t de .'bbs and Ho«s, is

t:^ ir.7f^^:lw.;- :.d i. 'nee tHe right to fish in such

«.a; r is public, and conini.m to all the s„l,je.ts ot he

; own nnessan .xpress monopoly has heel, granted to

2"duals or has been ac.piired by i;'--i;'-";^.^,^-

this public light of lishing includes shell-hsh as «U1 as

floating or swimniing fish (i/)^

ATiucU on Wal.'n'OurHCM. § r,a<f.

(,/) Hall on UiKlits in the Sea Shores, 8.

[!' ^:■!':^'"i^^U vol. 3. tit. Fl.h and Fishery, §5 2, 3 and 5.
Coulsonantl lorl.cs Law, of Waters, 58.

The general principles of the international law anil of
the common law, with reference to the right to fish in the
ocean, and in the creeks, bays, estuaries and arras thereof,
and in public na^-io•a))l(» livers which we have thus far
noticed, apply to the United States, as well as England.
But when we come to consider what is a public navigable wi.at is^a - navi-
river, we find a great difference in the interpretation of " "
this term made in England and in this country.

In England, the term "navigable river," has, in this The K..t;H»». view.
connection, two meanings; the ont^ a technical meaning,
the other tlie ordinary meaning. The technical meaning ruoweunicMraean.
of this term is a river capable of navigation and in wliich
ihe tide chhs and fows. Such livers are pid)lic rivers.
They belong, both water and bed, to the crown and all
the subjects of the crown (unless a monopoly of them has
been acquired by giant or prescription) have a common
right to navigate and to fish hi them. This is the com-
mon law meainng of the term " navigable iiver'X<i). Large .
iiavigabhs non-fidal lakt s have been held not to be navi-
gable within this technical meaning (/>).

" The ordinary meanhig of the term is its common mean- The cm,,...,, mean-
ing, /. c., simply a "river capable of navigation." Such
rivers, wlune there is no ebb and tiow of the tide, or alxn-e
the ebb and fiow of i\\o tide, are held in England, not-
withstanding their navigalnlity, to be simv)ly pri^-fde
rivers, whose bed is tht^ private property of tlu^ riparian
owneii thereof and which ar(» subjcnt simi>ly to the ease-
ment of the pul)lic to us(^ them for purposes of navigation.
Conse(iuently the general public, unless by grant or
permissicm of the riparian owners, by prescription or by
act of raiiiameiit, have no right to fisli in such waters(c).

In the TnitcHl Stati's, on the otluT hand, th(^ courts of J,';.; '"'"■"■""
the several States arc divided as to which of these two
interpretations of the t^rm is the pro])er on(>. The fol-

(rO Shnltcson .\«iuatic Rijrlits, 5; Bowycr on Universal Pttbhc
Law, 3<Vl: (^onlaon and Forbes Law of Waters, 5S, flS, 370: 20 How.
K. m ; Id. 'IW ; 12 /*/. 444 ; Anfrell on Water Courses, § 54i

(//) Coulson and Forbes Law of Waters, OS, 370.

(«•) Vn^ell on Water Conrst-s, § :A1, and see supra, 1.

This is in a.voniance with tlie eivil (or Roman) law, in which a
niviirable river is a river capable of being narifjntr,!, in the eoni-
nion sense of the term, and not merely a river in which the tide
Ib.ws and rellows. In tlie Cotle Napoleon, navifiablo rivers are
^*po^^en of as •MhUtables," that is, rivers admitting lloats. Anpell
on Water C. § 550. See also Bouvier's Law Dictionary, tit. " Navi-
gable Waters," and tit. "River."

12

EErORT OF THE

[No. 15,

lowing States agrree with the common law of Engrland in
holding that only those rivers in which the tide ebbs and
flows, and only so far as the tide ebbs and flows are tech-
nically nav-igablc; or, hi fresh water rivers, only so far
as they are propelled backward by the ingi-ess and pres-
ure of the ocean tides, to wit: Maine, New Hampshire,
Vermont, Massachusetts, Connecticut, New York, Mary-
land, Virginia, Ohio and Lidiana (a).

Ill the following States, however, the common law in-
terpretation has been rejected and that of the ci-sdl law
adopted, viz: That a navigable river is a river capable of
being navigated, in the common sense of the term, and
hence all large rivers used for navigation, whether tide-
waters or not, are considered as coming under the denomi-
nation of navigable and are held to belong to the public,
to wit: Pennsylvania, New Jersey, North and South
Carolina, Tennessee, Alabama, Mississippi and Iowa (i).

AA'liat the judicial opinion in Delaware, as to what con-
stitutes a navigable river, is, we are unable to say. The
only decisions in that State relating to tliis subjiu-t which
we have b(H'n able to And are the following: Delaney ef
al. V. Boston, 2 Hamngton's Rep. 480: Bailey v. The P.,
W. & B. 11. l\. Co., 4 Har. Rep. 380; Bickel rt af. r. Polk,
5 Har. Rep. 325. And, although it was held in Bailey r.
Tlie R. R., that "all the navigable rivers within the State
belong to the State, not merely in right of eminent
domain, but in actual property" (4 Har. 305), yet in
neither of these cases do the courts say whether they
considi'r the presence of the tides necessary to constitute
a navigable river. The waters in all three of tln^ above
cases were tidal, and from the tenor of the opinion in
Bickel r. Polk, and of Judge Houston's opinion in Bailey
V. The R. R., nuitra, we are inelined to think the courts
of Delaware would consider the element of the tides

(f«) Angell on Water Courst-s, §§ 542, r>4<), :A1, and notes.

(fc) Angell on Water Courses, §§ 54S, 549, 550, and notes.

•'The case determines tliat tlie State of New Jersey is tlie absolute
owner of all naviga)»le waters within the territorial limits of the
State, and ui the soil under sueh waters." Beasley, C. J., in Stevens
r. The Haterson and Newark U. U. Co., 34 N. J. Law, 5:JJ! ; S. C,
HO N. J. Kquity, 12(} ; 10 Am. Law Keg. N. S. Ifi5; Angell on Water
Courses, page 704, note to § 543.

In Pennsylvania it has been distinctly held tliat the soil of all
navigable waters within Iier borders belong to the State.

C arson v. Hlazer, 2 Hin. 475.

Shrunk v. Nav. Co., 14 S. A' II. 71.

Tinicum Fishing Co. v. Carter ; 11 P. F. Smith, 21.

Off. Doc]

State Commissioners of Fisheries.

13

necessary to constitute a stream a public navigable river
in the technical sense of the term.

The test, therefore, in those States which have discarded
the common law interpretation as to whether a river is
technically na^•igal)le, and consequently public, is not
the presence or absence of the tides, l)ut whether
such river is navigable in fact, for some useful pur-
l)ose. If it is so navigable in fact, it belongs, in
these States, to the public and the public have a common
right of navigation and fishing therein. If it is not so navi-
gable, it is a private stream, and the public have, prima
facie, no right to fish therein. In order to make it so
naWgable in fact it is said the stream must have sufficient
width, sufficient dei)tli and must be free from insiu-mount-
able obstructi(ms.

The term navigable, in the sense here intended refers
to natural streams or bodies of water navigable in their
natural condition, and not to such as are created or
rendered navigable by art. The latter still belongs
to the same o\niers as they did before they were made
navigable.

In the Commonwealth of Pennsylvania is now vested
all the rights in and over the waters within her bordei-s,
which she considers navigable {n). The right to the soil
beneath the Delaware river was for some time in dispute
between the States of Pennsylvania and New .Ti-rsey;
but the medium line of tlie stream was finally fixed by
treaty as the boundary between the two Common-
wealths (/>).

The charter of Charles II. to William Penn specially
grants the soil of Pennsylvania and the rivei*s within its
Hniits "together with fishing of all sorts within the
premises and the fish therein taken, " though a grant of
the soil geiH>rally would have conveyed all that is thus
specially menti«)ned (f).

By tlie common law of England the ])ublic may bo
excluded from fishing in i)ublic waters, wli«'re some sub-
ject has obtained from the crown a proprietory right
exclusive of the common libr»rty : but since }[ajn'i Charta
the ])ublic right is inalienable, and cannot Ix* granted away

"Navigability In
faot ■ the test of*
public river.

Artlflelal utroanis
tliDUKh navlKable,
not publU'.

UlKlitsof Pcnnsyl -
vania In her waters*,

UlKht to the Dela-
ware river.

Charter of Charles
11. to Wm IVnn.

Uldht of the Crown
to Krant tlxhlnx
monopolies In
public waters.

(a) Houck on Navigable Rivers, 78; Carson v. Blazer, 2 Rinn .
475; Shrunk v. Schuylkill Nav. Co., 14 S. & R. 71; Tinieum Fish-
ing Co. V. Carter, 11 P. F. Smith, H.

(/>) Tinicum Co. r. Carter, supra, 2 Smith's Laws, 77.

(c) Blackstone's Coin , 19. But this grant of the right of fishery
was in trust for the use of the public. See note {a), next page.

14

Eepout of the

[No. 15,

Off. Doc.l

State Commissioners op Fisheries.

15

No fishing monopo-
lies In rennsyl
Tunlu.

Klshinx Jn puttlle
waters open to all.

I'lihllc riv<'r> in
J'u.'uisylvaiiia.

by the crown. "Wliere therefore an individual chiims an
exchisive rig-ht to fish in navig-able wiiters, he must prove his
rig-ht either by exinvss gi-ant prior to Murjiia Charta, or by
prescription from which such grant will be presumed ((«)•

The Commonwealth of Pennsylvania has never in fact
gi'anted any monopoly of its fisheries ; nor does any such
monopoly exist by prescrij^tion, or by g^-ant of the pro-
prietaries. The rig-ht to fish in the Delaware river to the
middle line of the stream, and in all other navig-able
waters within her borders including* Lake Erie is, there-
fore, common to all her citizens. This right was confirmi^d
and defined by colonial statutes and also by an early
statute of the Commonwealth. The following are some
of the rivers which, by various decisions of oiu' courts,
have been held to be public na^'igable rivers, to wit {h) : —
The Ofilo, MonoiKjahc'Ia, YoiKjh'uKjciiy, Aniylieni/, Susque-
hanna, and its north and west branches, Juniata, Schuyl-
kill Lehigh, and Ddaicare are included among such prin-
cipal rivers (c).

The citizens or subjects of one country have no right
under i\\o law of nations to fish in the waters under the
control of another sovereignty (t/). In their leg-al status
the states of the American Union, in many respects,
sustain to each other the relation of foreig-n nations; and
it h<'is been held that a state may prohibit the citizens of
another state from i)articipation in its fisheries (<•).

The right of fishing- in public waters extends to fishing
between high and low water mark, and to the taking of
shrimp and shellfish, as well as the picking up of dc^ep-
water fish, after the water has retired (/).

This right of the public to fish does not necessarily
include the right to land or to use the shore or bank for

(rt) WfM)lryc'li on the Law of Waters, 2. Iloiick on Navigable
Rivers, 141.

Schulteson Afjuatie Rifilits, 101, 70.

The "Charter of the Province of Maine" from Charles II. to
FerdinaiKl Georges, the grant expressly incliuling all tishcries
with the soil was held to convey the seashore subject to the public
trust for the purposes of fishing and navigation under which the
King heUl it. 37 Me. 486. States may grant exclusive right,
Ilouck, 141 ; 1 Kent, 439; 4 Wash. U. S. C. C. Rep. 371.

(&) Carson v. Blazer, 2 Binn. 474, opinion of Brackenridge, J.

(c) Shrunk v. Nav. Co., 14 S. it R. 71.

((/) Woolrych on the Law of Waters, 57.

(e) Corfleld v. Coryell, 4 Wash. U. S. Circuit Court Rep., 371.

(/) Phear on Rights of Water, 56; Moulton v. Libby, 37 Me.
472 ; Hall on the Seashore, 175.

purposes incidental to its exercise, where such shore or
bank is private property (a).

The common right of fishery must not be exercised in Howflshingmustbe
derogation of the common right of navigation. Where the *'**'"*"'^'*-
two rights are incompatible the right of navigation must
prevail (b).

Neither can this right lawfully be exercised by one per-
son to the exclusion of others, as by means of weirs,
stakes or fixed enclosures (c).

The right of the public to na\'igateis not necessarily ac" RiRht to naviKate
companied by the right to fish. Thus where a river, not io «X' *'"" '"'"
previously navigable, has been rendered so by artificial
means, a public right of fishery does not thereby arise {d).

With regard to the right of fishing in canals, it has been
held that the right is, of course, an incident of the soil, and hikiu to ash m ca-
tliat the proprietors or owners of the soil may let the right. """'
The right may exist in the owners of the soil abutting on
the canal, subservient to the rights of the persons for whose
benefit the existence of the canal was brought about, as
where such abutting ownei-s are the proprietors of the soil
of the canal, subject to the right of na\'igation and its in-
cidents (c).

By the common law of England, all streams above the Rki.tsnf ri,.«rum
flow and refiow of the tide, whether actually navigabh» or
not, are, as we have seen, private rivers. The iiroi)rietors
of the land abutting on such streams are, prima facie,
own<TS of the soil of the channel (ul fUnm vtcdiutn a4/u4jiet
to the middle thread of the water, and as such, have,
prima facie, the exclusive right of fishing in front of their
land(/); but navigability in fact without reference to tide
being the test in the United States by which the public
waters are distinguished from private watt^rs, it would
seem that in this country only owners of land abutting
on non-navigable streams have, prima facie, such exclu-
sive right. '1l\\\^ prima facie private right may be rebut-
ted by proof of a dedication to the i>ublic or of im-

owners.

(rt) Phear on Rights of Water, 50; Coulson «k Forbes, Law of
Waters, 350.

(A) Woolrych on the Law of Waters, 107-170; Coulson ami
Forbes on Water, 37-.'J56

(c) Hall on Rights in the Seashores, 50.

(d) Coulson and Forbes on Water, p. 451 n. See id., p. 13, n.
See Phear on Rights of Water, p. 3S.

(e) Woolrych on the Law of Waters, p. 48.
(/) Coulson and Forbes on Water, p. 58, 360.

It

•

16

Ri»;tit!4 of owner of
boti) hanks of
Htruuiu.

LlmltntlonR anrt
qujilitlcatlonH of
riKlit tu tlsb.

No Inrrony offish
in tbeirnutuial
state.

Report of the

LNo. 15,

In Pennsylvania
principal rivers aro
public rlveri*.

memorial user by the public, which is presumed to have
its origin in a dedication («).

The private ownership of the soil beneath streams or
bodies of water wholly within private lands, of course,
carries with it the exclusive rigrht of fishery therein (h) ;
and so, if one owns both banks of a non-navigable stream,
he is, prima facie, owner of its entire bed, and has, prima
facie, the exclusive right of fishing in its waters opposite
the line of his shores.

The right which an owTier of land has to exclusive fish-
ery in the waters within his territorial limits, has this
qualification, that he is restricted to a reasonable user,
and cannot lawfully do anything which will seriously af-
fect the natural supply of fish in parts of the stream be-
longing to other proprietoi-s (c).

A fishery cannot be so altered as to obstruct the pas-
sage of fisli into an upper fishery (d).

This exclusive right of fishery is not a right of owner-
ship in the fish themselves, but only a right to take them,
if found in certain waters. If the fish find their way into
other waters, they become the proper subjects of capture
by persons having the right to fish in such waters. As
there was no property in fish, the unlawful taking of them
by one person while in the enjoyment of their natural
lil)erty in waters upon the lands of another, was not lar-
ceny at the common law (e), though the uidawful entiy
upon the lands of another for the purpose of taking fish,
was punishable as a trespass, the taking of the fish being
an aggravation of the offense, for which additional dam-
ages could be recovered.

In Pennsylvania the owners of lands abutting on the
principal rivers of the State, have not the exclusive right
of fishing to the middle line of the stream opposite their
shores, since, as we have seen, the right is vested in the
public. The soil of these rivers was never granted
away by AVilliam Penn or his heirs, or by the Legislature
since the Revolution, and is, therefore, in fact, vested in
the Commcmwealth and not in the abutting proprie-
tors (/).

Opposite abutting owners can only fish to the middle

(a) Patterson on Fishery Laws, p. 2.

{/>) See Wool ry oh on the I^aw of Waters, p. 2.

(c) Plienr on Rights of Water, 29.

(d) Weld r. nonl)y, 7 East, 195.

(p) IV Blat'kstone's Commentaries, 235.
(/) Carson r. Blazer et al.y 2 Binn. 475.

Off. Doc] State Commissioners of Fisheries.

line of tlie water, whether with rods or nets ; and if either
casts his net or line beyond this boundary he is liable in
an action of trespass {a).

lu Pennsylvania, private owners of lands bordering on
navigable streams are prima facie owneTH oi the soil along
their water fronts to lt)w-water mark, wliich is tlie lowest
point ordinarily reached by the stream, and not any point
to which it may recede in seasons of extraordinary
drought. This ownership of the soil is subject, however,
to tlie right of the public to navigate; the waters and to
lish in them, which i)u])lic riglit extends to the ordinary
liigh-wator mark only, and not to any point to which the
waters may extend in times of extraordinary heshot {/,).
It seems also that sucli riglits of the public, with respect
t(i lands bordering upon tide waters, extc^nds only to the
highest point reachiul by the neap or ordinary tides,
which happen twico in tw(>nty-fonr hours, and not to the
points readied by tlio spring tides, whicli happen twice
every month, or the Iiigh spring tides whi<-h occur at the
equinoctials (c).

As we have seen, a fisliery is the right or privilege of
catching fish in certain waters.

Tlie technical di\isiou of fisheries at common law is
into:

1. Common or i>nblic fisheries.

2. Several fislicrics, sometimes called temtorial or
separate fislicri(»s.

3. Free fisli(>rics.

4. (\)nnnon of fisliery.
/>. Fislu ries in gross.

('omnion or public fisheries are where all the subjects
of tho rcsilni, or citizens of the State, have equal rights
«»f fishing, jis in the wat(M-s of the s(\'i or other iiiil)lic
waters.

A several AsIktv is the exclusive right, to whatevt^r
extent, of fishing in wati^s covering lands which do not
belong to the i)erson having such riglit. The natural
right of an owner of land to the exclusive fishery, in the
waters uj.on such land, is also somi^times termed a several
fisheiy, and in private rivers a tenitorial fish(>rv.

Riparian owner,- hip
extends only t<i
middle line of
stream.

RIpnrtnn owners
iiwn to I(iw-wat4 r
lUHrit.

Subject t« pnblU-
rlfht of naviKatUin
and fishery between
this point and hUli-
wuter murk.

Division of flwherieM
Ht commun law.

Common licherT

Seveml flsihery.

(rt) Coulson and Forbes on Watei-s, p. 361.

{h) K. K. Co. V. Trone, 28 Pa, St. Uep. 206; Stover v. Jack, 60 Pa.
St. Rep. 3.39. '

(r) Hall on the Se:»shorcs, 12; Dc Jure Maris, chap. vl.

2a Fish.

18

Free fishery.
Common of fishery.

Report of the

[No. 15,

Flshi ry In gross.

DeHnttton of
tlsliery.

Is a vested rljrht.

Public fishery In
private waters.

Several fishery In
private and public
waters.

A free fishery is -.vliere several specified persons have
equal rig-hts of fishing" in the same waters.

A common of fishery is where all the perstms t)f a certain
class, as tenants of a manor or dwellers in a certain parish,
have equal rights of fishingr in the same waters. Such a
fishery is either appendant, appurtenant or in gi-oss.

A fishery in g-i'oss is any of the last three, when enjoyed
apart from the ownership of the soil ui)on which the
waters rest or over which they flow («).

Thoug-h the natural rig^ht of one to fish in the waters
covering the soil of which he is the owner is, as we have
seen, sometimes called a fishery, and is classified as a
several fishery and sometimes as a ten-itorial fishery, yet
the term fishery in its strit^t stnise mejuis, it would seem,
a right to fish, distinct fi'<mi the owncrsliip of tlie soil.
A fishery has been defined to be a liherty of fisliing in
the water of another. It is, in the hmguage of the law,
an incorporeal riglit, liberty or i)rivileg;' (/>). It is a
vested right and is to be distinguished from a license to
fish, which is a mere permission, revocable at the jyh'asure
of the person giving it {(•). The definition has in view a
private rather than a public or common rigid of fishery.
There can be no public or ccmimon fislu^y in ]nivate
waters (d). AVliere the i)ublic have innnemorially exer-
cised such a right, tlie law will i)resume a grant or dedi-
cati(m by the owner of the soil, but will not recognize
the user of the water as of public right. A free fishery
in private wat<'rs nnist arise by giant, presciiption or
usage, and such right may Ix? transferred from one to
another; whereas, free fisheries in public waters are vested
of common right, whether the right is or is not exercised
and it is not transferable («).

A several fishery may exist in private wat(>rs, and. by
lu-eseription, in public waters (/): or, as we have seen, by
actual giant prior to .l/<'^//" (Imrfo : Imt such jirescrip

(a) Plioaroii Hights of Water, pp. (Vt, <»5; Coulson and Forlx's on
Water, .TiT et .saj. ; Seliultes on A<inatic lUghts, p. 32 rt .'Cj.:
Paterson on Kisliery La\\^s, p. f*i>.

(h) SeliultoM on Aiiuatie Uiglitfl, p. 2n. Hy a devise of 'Mn.v
fisliinfr plaeo," the devisee ae<|uired no riglit to tlie soil on the hani;
of tlie river, l»nt merely an easement, or so mni-li use of the >h«>re
as was necessary l<>r the |»urpf»so »)f the lishery. Hart v. Hill. 1
Wharton, 124.

(c) Coulsi»n and Forbes on Water, p. 341.

((/) Coulson and F(>rl)eson Water, \HYi.

(<•) Shultes on .\<iuatii! Hights, page 61.

(/) Coulson and Forljes on Water, page 34K.

Off. Doc]

State Commissioners of Fisheries.

19

tion or grant must be clearly proved; every presum lotion
is against it (a).

The right to take or capture fish, whether exclusive in ninhtof AshinK

'^ ■•• IT 11 subject to Stilt lit tuy

individuals or classes, or vested in the public generally, ruKuiatiuns.
is controlled by such regulations as the legislative power
may see fit to adopt in the general interest, to prevent
the needless or wanton destruction of fish and the ex-
haustion t)f the fisheries. It is well settled that the
])Ower to make such regulations, whether with reference
to pidilic or piivate waters, resides in the state. In
Pennsylvania, as in various other states of i\w Union,
this power has been exercised by statutes, now to be
noticed, and penalties have thereby been prescribed l\)r
fishing in violation of their provisions. The statutes
also regulate, under penalties, the enjoyment of other
rights, which, in their unrestniined exercise, would prove
injurious to the fisheries, and, generally, have proWded
ft)r the preservation and increase of the fish in the waters
of the state.

For the purpose of aiding tli(* connnercial and shipping
interests of the connnon wealth the Legislature estab-
lished by act of March 29, 1803, 4 Smith's Laws, p. 07, a
board of port wardens, who are impowered to grant
license's for the building of wharves in the Delaware and
Schuylkill rivers. The wharves ordinarily constructed
extend far beyond the natinal high water mark. But
the right of the i)ublic in the waters between the wharves
has hcvn sustained by the courts. I'nder the act of
April 0, 18G7, P. L. 980, when fishing rights are invaded
or interfered with by the building of wharves, bridges,
l>iliiigs or cribs, the person damagetl is entitled to api)ly
by petititm to the court for the ai)poiutment of a jury of
view to estimate the damages. The water in the dock
is as much a part of a navigable stream as the main
channel, and the rights of wharf owners, are entirely
subordinate to those of the public (A).

The water of the Delaware, at Philadelphia, bet \ve«'n low
water mark and the ptut warden's line ; is had merely by
license from the commonwealth and under such laws as tlu^
Legislatiu'e may see fit to enact. Wharves are not the pri-

(>i) Uouek on Navigable Rivers, 141; Shultes on Aquatie
Kiglits, 70.

(//) Simps«>n v. Pennsylvania Wareliousinjj Co., C. P. No. 4, ro(»iii
G, .June, ISTti, Judge Thsiyer. Cited in "The Muni«'ipal Law of
Philadelpliia, hy Charles B. Me.Miehael, Fsq., lfS87," Kasl>y v.
Paterson, 7 W. N. C. 219.

20

Report of the

[No. 15,

Off. Doc]

State Commissioners of Fisheries.

21

l''fTt>ct of stntutos
iti'clariiij; strenius

t

vate property of him who erects them, and persons who
g-o upon and fasten vessels to them are not trespas-
sers (a). AMiarf owners have a rig-ht to colk^et whaiiagt?
from vessi^ls anehort d at their wharves, hut any vessel
has a ri«:lit to eome into the dock-room between two
w!iarves, when that dock-room is unoccupied, and escape
payment of wharfag-e (b). It therefore follows that the
building: of wharves does not deprive the public from the
right to fish around and between the same. The rig-ht
to fish however, being" as we have heretofore seen subor
dinate to the rig:ht of navig-ation.

The hig-hways within and throug-h a state are con-
structed by the state itsc^lf, which has full i)ower to pro-
vide all proper regrulations of jjolice to g-overn the action
of i)ersons using: them and to make from time to time
such alterations in these ways as the authorities shall
deem proper (r). Navigrsibh; waters are also a six'cies of
pulilic hig-hway and as such come under tlie control of the
stat(*s. All navig-abU^ waters are for the use of all the
citizens, and there cainiot lawfully be any exclusive pri-
vate appropriation of any portion of them (</), The
t]uestion what is a navigrable strt^am would seem to be a
mixed question of law and fact (<). And thoug-h it is
said that the Leg-islature of the state may determine
whether a stream sliall be considtned a i)ublic higrhway
ov not, yet if in fact it is not one the Leg-islature can
not make it so by simph' declaration, since if it is j)ri-
vate projx'rty, the Leg-islature cannot appropriate it to a
])ublic use without providing- for comp«nisation if).

In tliis cor.ntrv streams and creeks have been consid
ered x»ublic or navig-able waters, which could be used for
the ])urpos(^s of commerc«> and the floating: of log-s and
rafts from tlu' interior numntainous regions, and that too
whrre such waters couhl be used only during- certain por-
tions of the year. Ihit as th<' (piestion of their navig-a-
bility being- a (piestion of fact mig-ht g:ive rise to much
dis])ute and litig-ation, the L 'g-islatures of the different

('I) In rr t'rii nips' Appeal. 36 Loj;. Int., 284; De^an v. Dunlap,
:Vi T.f'K. Int. 32; Malone r. Tlio City, Vl VV. N. C. 31»8.

(//) Simpson r. Nell, 7 W. N. C. 8.") and S«;.

(»•) Cootey's Constitutional Limitations, 588.

('/) Dalrymple v. Moad, 1 Grant's Cases, 197.

(• ) Treat v. Lord, 4*2 Maine, bWl\ Woise r. .Smith, 3 Or., 445.

(/) Glover V. Powell, 2 Stock. 211; American Rim Water Co.
r. Amsden, (> Cal. 443 ; Baker r. Lewis, 9 Case^-, 301; Cooley's
Constitutional Limitations, 591 ; Morgan r. King, 18 Rarh. 284,35
K. G. 454.

states, in the exercise of the rig-ht of eminent domain,
have declared many streams public hig-hways.

In Pennsylvania the General Assembly has passed
numerous acts declaring- streams public hig^hways for the
])uri)oses of navig-ation. As the ownership of jirivate
streams is vested in the owners of the soil, no such act
affecting- a stream which is not in fact navig:able is valid,
unless compensation is rendered to the owners; and it
would seem that the public have no rig-ht to fish in such
streams, unless it was confen-ed specially hy the act, or
existed antecedently as by prescription and user.

lender the provisions of tlie act of 28tli March, 1871, P.
L. pag-e 237, when any pers(m has entered upon any creek,
rivid(^t, run or stream, tributary to the west branch of the
Suaquehanna river or any of its branches except the waters
of Beach Creek in Clinton and Centre counties, which
has not been declared or become a public hig-hway in its
entire leng-th, u]ion complying- with the re(piirements of
the said act, such pi^rson may acquire an exclusive and
personal rig-ht of way, and any person damag-ed may file
a petiticm in the court of quarter sessions ftn- the appoint-
ment of viewers and assessment of (lamag:es.

The declaring: of a stream a public hig-hway for navi-
g-ation restricts the public easement in using- the strt-am,
and confines it to that ])urpose only. The rig-ht of fi.sh-
ing: has Ikh'Ii held subordinate to tlu^ rig-ht of navig-aticm,
and is distinct and s«'parate from it, and can be exercised
by the private riparian owners without intertereiice with
the ]mblic rig-ht of navig-ation. By the act of 8th April,
18(>7, Panq)hlet Laws, 880, the Leg-islature dechired that
Lake Pleasant, in tlu^ county of Erie, and the outlet to
French Creek, ho andth(^ same are a jiublic hig-hway open
and frtH» to all the jx'opli' of the Commonwealth for fish-
ing-, navig-ation and all jiurposcs whatsoever, and in no
other of the acts eininnrated in the annexed table is the
rig:ht of fishing- explicitly conferred. Of course where
the act of Assend)ly was declaratory t)nly of the existing-
fnct of the navig-ability of the stream, th«> public cer-
tainly have the pow«n- to exercise the rig-ht of fishing as
well as that of navig-ation {n).

(a) Coovcrt r. O'Connor. 8 Watts, p. 470: Tiarclay R. R. and <'oal
Co. V. Injriiam, 12 Casey, 1S4. Act 1.h70, P. L. 8'21. Tlu' art ot .luno
5, 1«79. P. L. 100, empowers the court of quarter sessions to autho-
rize tlie whiening, deepening antl straightening of navigable
streams atVcctcd l»y the tidcsof the ocean, wherr Itoth si<Iesarc with-
in this Commonwealth, and extends the general road law thereto.

22

Keport of the

[No. 15,

Off. Doc]

State Commissioners of Fisheries.

23

April 2^.
8ST.

ifiT:{. l». I..

May It;.
uT.

is>:. I'. L.

.luni- ;
1..2.

1. i>-:s. I'. L.

Miiy U\
o7.

is;s. V. L.

April 2S,

i>:^. v. L.

GENERAL FISHING LAWS.

Fis/i are not to ho cawf^ht, except with liook and line,
M'itliiii half a mile of aii}'^ part of any drain or chute, in
which there is or may be any chute or fish ladder.

Pi'iiaJfij, fine, not exceedinjr $100 {a).

Skction 4. It 8hall not be lawtul to fish with nets, or any other
method ofeiurappinj? tish except with hook and line, within halfa
mile of any part of any dam or its chute, in which tliere is or
may hereafter he, any chiile or fisii-huider for navigation, or for
the purpose ot the i)assage of lish up or down any stream in 'his
Commonwealth: and any person or persons so ottending shall he
deemed jjuilty of a misdemeanor, and on conviction thereof, sliall
be sentenced to pay a tine not exceeding one iuindred dollars, at
the discretion of the court.

Skctiox 8. Nothinj; in this act shall l)esoconstrued as to prevent
the catching of tish with rod, hook and line.

Fishing- on Sunday prohibited.

Skction 17. There shall be no huntiufr or shooting or fishing on
the tirst day of the week called Sunday, and any person oMending
against the jirovisions of this section shall be liable to a penalty of
twenty-five dollars.

SKrriox r>. It shall not be lawfid for any i>erson to tish on the
first day of the week called Sunday ; any person violating tlie pro-
visions of this section, sluill be lialile to a penalty of twenty-flve
dollars for each and every ofi'enso.

1. Fis/i Ixfsh'fs, liih/Ir.s, eel-wiers or racks and similar
contrivances, are not to ])e used in any of the streams or
parts of streams witliin tliis Commonwealth.

2. Fishrrtf C(ninfiisKioin'i;s are to notify the public as
to siiawning time of foo«l fisla's.

3. Some iKtt to Ite caug-ht during- that time.

SKrnnN 9. Tlu' provisions against tish-baski'ts, ki<ld1es, eel-
weirs or racks, and sindlar contrivances, <'ontained in section
eleven of tlieact of '24tii of .May, 1K7I, are hereby made applicable
to all streams or parts of streams under the jurisdiction of this
Commonwealth : and it shall be the «luty of the board of fishery
commissioners to notify the public as to the spawning time, speci-
fying the same, as far as tliey can ascertain it, of the various tribes
of useful foo«l-fishes inhabiting the inland waters of this C'ouimon-
wi'alth ; during w hich tin»e it shall be unlawfid for any person or
persons to calch or have in possession any tish or fishes of the
tribes or kinds of which notice has l»een given by the commission-

(ff) There are a large number of loi-al statutes relating to the
pr<»pagation and protection of fish in certain waters, or in the
waters of certain counties. The general acts «|Uoted in the text
either expressly rejteal these acts or supplement them. No refer-
ence, has therefore, been made to these acts.

May 24, 1871. 1'
278.

ers as aforesaid, under the same penalties for the same prescribed
as to shad in the first section of this act (cr).

When and how sheriffs are authorized to destroy or dis-
mantle fish baskets, eel-weirs, kiddles, brush or fascine
nets, and other permanently set means of taking fish.

Section 11. On any of the streams or parts of streams contem-
plated by this act, and under the Jurisdiction of this Common-
wealth, to which anadromous or migratory fishes shall now have
access, by the non-existence of dams, or by openings in the dams,
whether intended or not to facilitate such access, and in whatever
of the reaches or spaces below or between dams, such planting of
new species shall have taken place as is herein contemplated, the
sheritls of the counties having Jiirisdiction of such reaches of
the streams whenever they shall discover or be informed of the ex-
istence of such contrivances forthecatchingof fish as are commonly
known as fish-baskets, eel-wiers, kiddles, brush or lascine nets, or
any other permanently set means of taking fish, in the nature of a
sieve, which are known to be wasteful and extravagant modes of
fishing, the said sheritls shall give ten days' notice in two news-
papers of their resi)ective counties, that the said contrivances are
known to exist and are declared common nuisances, orderingihem
to be dismantled by their owners or managers so as to reiuler them
no longer capable of taking or injuring the fishes of the streams of
whatever kind; and if at the expiration of the said ten days the
dismantling shall not have taken place, then the said sherifis shall
proceed, with such force (of) good men of the county as may be
ne<!essary lor the purpose, and destroy or dismantle the said fish-
baskets, kiddles, eel-wiers, or such other devices contemplated by
this section, so that the\' may be no longer capable of taking or in-
juring fish ; and the accounting officers of the counties shall make
good the costs of the said proceedings to the said sheriff or sheritls,
in the settlement of their accounts with the said sherifis. And if,
up<m being duly informed l)y a reputable citizen of the county, that
said nuisances are in existence and recjuire abatement, the said
shcrilVor sheriffs shall not proceed as directed in this act, then he
or they, upon conviction, in the county, court of the neglect of duty,
shall be fined not less than one hundred nor more than one thou-
sand dollars for every such neglect ; said fines to be collected as
ordinary fines are collected ; and the procee«ls divided e(iually be-
tween the informer or complainant and the school direct 'rs of the
proper distri»'t, for school purjioses only; this section is not in-
tendetl to 8uperse<le any other law of this Commonwealth for the
suppression of tish-baskets, etc., if the same be found efficacious to
destroy or abolish them.

CuJm or coal dirt not to be deposited in any of tho
rivei-s, lakes, ])onds or streams of this State.

Pvnaltij. Fifty dollars for each offence.

Amended. See note below.

Skction 17. No person or corporation shall throw or deposit, or May l. 18T3. I*. L.
permit to be thrown or deposited, any culmorcoal dirt intoorupon ^"■
any of th<' rivers, lakes, i»onds or streams of this State, uniler a

(rt) See section 1 infra p. 65.

24

RErORT OF THE

[No. 15,

May 16. 1878.
57.

P. L.

May 16. 1878.
67.

May IC. 1878.

!• . L.

I". L.

.May IC. l.STs. I». I,.

penalty of fifty dollars for each offense, in addition to liability for
all daniaye lie or they may have done to any individual owners or
lessees on such waters (a).

Penalties for violation of this act.
fines so received.

Distribution of the

Section 7. Any i)erson or persons violating any of the provis-
ions of this act, who shall be sunnnarily convicted thereof before a
iustice of the peace or alderman, shall bo sentenced to pay a fine or
fines, penalty or penalties attached to such violation, together with
costs, one-half of which penalty shall go to the informer, and the
remaining one-half shall be forthwith paid to the treasurer of the
county in which the offence was conunitted ; and it shall be the
duty of said treasurer to distribute said funds so arising at the close
of each year to the various school districts in said county, in pro-
portion to the number of taxables in said district, and upon failure
or refusal of the defendant to pay the penalty or penalties imposed
by this act, together with costs, the said alderman or justice of the
peace shall commit said defendant to tlie common jail of the county
for a period of not less than one day for each dollar ot penalty and
costs imposed: Provided, That said conviction shall be had within
one year from the time of committing the ollense : And proridrd
furthrr, That the defendant on refusing to pay said penalty, may,
within twenty days after conviction, enter into recognizimce with
oneor moresullicient sureties to answei said complaint, on a charge
of misdemeanor before the court of quarter sessions of the county
in which the offense is committed, which court, on (ronvietion of
the defendant of the oflense charged and failure topay the penalty
or penalties imposeil by this act, together with costs, shall commit
said defendant to the common jail of the county lor a period of not
less than one <lay for each dollar of penalty and the costs imposeil.

Skctiox S. Nothing in this act sliall be sf) construed as to prevent
the catching offish with rod, hook and line.

Skction 9. Nothing in this a«'t shall lie so construed as to prevent
the catching of bait fish by means of hand nets or casts nets for
angling and scientific purposes.

Skctiox 10. Nothing in this act shall be so conslnieil as to pre-
vent the catching of fish for artificial propagation, the stocking of
other waters and for scientific investigation.

Tnsjias.sing on private jri'ounds forbidden.

(a) Amended by act May 8, ISTfi, P. L. 14t). That all persons,
engaged in any ol the maniifa«-turing interests of tiiis .State, accus-
tomctl to tlie washing of iron ami other ores, and of coal prepara-
tory to its use for coking, or in the tanning oi' hi<ii's by a process in
which vitriol is used, shall prepare a tank or other suitaltio recep-
tacle into which the culm or coal tlirt, the off.il, refuse and the tan
bark and the litjuor, or the water therefrom, may be collecte»l, so
that the sediment therefrom, sofarasi8pra«'ti«'able, maylie thereby
prevented from passing into or upon any of the rivers, lakes, pon<ls
or streams of the Commonwealth, under a penalty of fifty tiollars
for each offence, in addition to liability f<»r all damage he or they
maj' Iiave done to any iuilividual owners or lessees on such waters.
See also act 1 February, 1840, P. L. 30, fori)idding pollution of
waters.

Off. Doc]

State Commissioners of Fisheries.

25

Penalty for violation.

Skction 21. Any per.son trespassing on any lands, for the purpo.se
of taking fish from any private pond, stream or spring, after public
notice on the part of the owner or occupant thereof, such notice
being posted adjacent to such pond, stream or spring, shall be
deemed guilty of a trespa.ss, and in addition to damages recoverable
by law, shall be lial)le to the owner, lessee or occupant, in a penalty
of one hundred dollars for every sur-h offense : Provided, hoiverer,
This section shall api>ly only to such ponds, streams or springs as
shall be used or improved by the owners or lessees for the propa-
gation offish or game fish (a).

FM-hasb'ts, grill-nets, etc., are not to be placed in any
waters of this Commonwealth.
Penaltf/, twenty-five dollars each offence.
Except in Delaware river below Trenton Falls.

Skctiox 22. It shall not bo lawful for any person or persons to
place any fish-basket, gill-nets, eel-weirs, kiddles, brush or fascine-
nets, or any other permanently set means of taking fish, in any
waters of this Comnionwealtii : any per-on violating the provisions
of this .section shall be liable to a i)enalty of twenty-five dollars f<»r
each and every offense: Provided, That this se<tion shall not
apply to the fishing with gill-nets in the river Delaware below
Trenton Falls.

Proi'ifiion.9 as tofisliwj with seine or seines.

Skctiox 2:5 It shall not be lawful at any time to catch fish by
means of the drawing of a seine or seines in any of the waters of
this State, un<ler a penalty of twenty-five dollars for eacli offense :
Proiided, That the juovisions of this .section shall not o.vtend to
sha«l fishing: Pn,vi<lrd <tf.v,. That the meshes of such scmucs u.sed
for the catching of shad shaU not be less than three inches: And
provided further. That no seine shall be drawn v ithin one-fourth
of a mile of any dam across any river of this Cominonwealth, under
a penalty of fifty dollars for each and every ollense.

Prorisitms as to fishing w ith fyke or hoop-nets.
Size of nn^shes.

Skctiox 24. It shall be lawful to fish with fyke or hoojwnets in
any of the streams of this Cominonwealth, uninliabited by brook
orspt'ckled trout, during the months of March. April, May, .Sep-

.Inne 3,
ltj.i.

1878. r. I..

('0 This section is identical with section 20 of the iict of May .'>,
1S7H, P. L. lot. In interpreting that act, .Justice Mercurlieid, n
Reynolds r. Commonwealth, 12 Norris. page 4,".S, "Mo «'onstitute the
otrense. not only must a tropass be committed im the land, but it
must be with the purjiost; of taking fish from a pri\ate i>ond. stream
or spring." That where a running stream Hows over a man's
land and he storks the stream with fish, he does not theiei)y make
it a private stream.

It the waters of a pond cover a large surface of land, and one
whose lands are covered by a i)art only of the water places fish
tluTcin for the purpo.se of propsigation, it does not thereby become
a private jjond. To bring it within the act. the w hole pond must
be so far private property as to confine therein the fish w ith w hich
it is stocked.

.Time 3.
ItiJ.

1878. I'. L

.llllK'.l.

1878. I". 1.

.Inne ;i.
liUi.

1878. P. I.

26

Report of the

[No.

15,

Off. Doc.l

State Commissioners of Fisheries.

27

I

.Inne 3. 1878. P. L.

June 3. 18T8. P. L.

ItNi.

IVififieHHtun to be
»'vlfl«'n<'i» <»f viola-
tion of act.

Not to prevent kill-
ing of aiiininiM for
(testroyliiK Kraiii.

Duties of juHtieei*
on i'oiii|ilalnt of vlo-
lutiun of act.

Appropriation of
penultle!«.

teiiiber, October and November in each year: Pi'ovided, That the
meshes of said nets shall not be less tlian one inch in size, and that
said net or nets shall not be placed at the continence of any w inj;
walls, either newly made or abandoned : And prorided further.
That it shall be the duty of any one taking or capturing, by means
of fyke or hooivnet as aforesaid, any salmon, bass, trout, speckled
trout, pike, pickerel or every kind of tish introduced into any of
the waters of the Commonwealth by authority of the same, for the
purpose of stocking the said waters, to return the same alive to the
waters whence taken ; the violation of any of the provisions of this
section shall subject the oll'ender to a penalty of twenty-tive dollars
for each and every oll'enae.

IVujhts of owners of private jxhkIs or streams.

Section 28. Nothing in this act shall be so construed as to pre-
vent any pcr.-son in any part of this State, from catching speckled
trout or black l)ass with nets, in waters owned l)y himself, for the
purpose of stocking other waters : rrovided. That nothing in this
act shall be construed to prevent any person from taking tish from
private pon«ls or streams owned by him or them and used for
cultivating tish {a).

lliis act shifU not ajiply to streams formiiij? the bountl-
ary lines V)etweeii States.

Sk(T1on40. Nothing in this act shall be construed to apply to
any stream forming the ixtundary line between this and any State
over which this State has concurrent Jurisdit-tirtn witli such State,
so far as such streams form such luiuntiary line, nor to any lake
partly within the boundaries of this State.

Sections 33, 34, 35, 30, 38 and 30 of this act inescribe
the method of making- eomphiint and the sul )se(iiient
proeeedii:<»s before the majjristrtite and justice of the
peace, as follows:

Skctiox 3;l. In all cases of arrest made for the violation of ea«h
or any of the foregoing sections of tliis act, the jMisscssion of the
game, tishes. binls. animals, fowls, nets or other devices provided
for or so nuntioned, shall \>c prima facie evidence of the violation
of ssiid act : rrovided. That nothing in this act will prevent any
person fii)m killing any wild animal or bird when found destroy-
ing grain, fruit or vegetables on his or her premises.

Skction .34. .\ny justice of the pea«e «>r alderman, upon infor-
ntalion or complaint made before him, by the ^iflidavit of one or
more persons, of the violation of the i>rovisions of this act by any
jK'rson or persons, is hereby authorized and rcfpiired to issue his
warrant, under his hand and seal, directed to any constable, police
oflicer or w«rden, t<t cause such person or persons to be arrested
and brought before said justice or alderman, who shall hear and
determine the guilt or innocence of the person or persons so
charged, and if convicted of 8ai<l otVense or ortenses, shall be sen-
tenced to pay the line or tines, jienalty or penalties, attarhed to
8uch violations, together with costs, one-half of which penalties

(a) Section 3 of tlie act of 24 May, 1871, authorizes persons
engaged in the cultun' of brook trout to take them from their own
ponds in anj' way and transport and sell the same.

shall go to the informer, and iho remaining one-half shall be forth-
with paid to the treasurer of the county in which the ott'ence was
committe*! ; and it sliall be the duty of said treasurer to distribute
said fund so arising at the close of each year to tlie various school
districts in said county, in proportion to the numl)erof taxables in
said districts : Provided, That said conviction shall be had within
one year from the time of committing the ollense : And provided
farther. That the defendant on refusing to pay said penally shall
l>e committed to the common jail of tlie county for a period of not
less than one day for each dollar of penalty imposed, unless the
defendant enter into recognizance with one or more sullicient
securities to answer said complaint on a charge of a misdemeanor,
before the (piarter sessions of the peace of the county in which the
ollense is committed, which court, on conviction of the defendant
of the ollense charged, and failure to pay tlie penalty or i)enalties
imposed by this act, together with costs, shall commit said «lefend-
ant to the common jail of the county for a period of not less than
one day for each dollar of penalty imposed.

Section 3.j. Any judge of the court of quarter sessions of the
peace, or any alderman, justice of the peace, police or other magis-
trate, upon receiving sullicient i»roof Ijj' aflidavit that any of the
provisions of this act has been violate<l by any i»erson being tem-
porarily within his jurisdiction but not residing thcte permanently,
or by any person whose name and residence were unknown, or by
any permanent resident or «'itizen, is hereby authorized an<l ri'-
• luired to issue his warrant for the arrest of such juTson, and to
cause him to be committed or held to bail to answer the charge
against him : and any such justice <»r magistral*', upon receiving
proof or probable cause lor believing in the concealment of any
;?ame or lisli iuentione<l in this act during any of the periods ju-o-
hibited, shall issue his search warrant and cause search to be nuule
in any house, market, boat, car, vehicle or building; all courts of
juarter sessions are hereby invested witli jurisiliclion to try and
dispose of all and any of the olVenses against the provisions ot
this act (H'curring in the same «'ounty.

Se<'Th>n ;{«». It shall be, and is hereby, made the «luty of the
several mayors and burgesses of the several cities, towns and
boroughs within tliis Commonwealth, to reiiuire their respective
l»«»lice or constaljulary force, and it is hereby made tlieir duty, as
it is also hereliy made the duty ot the several clerks of market of
said cities, towns and boroughs, to diligi-ntly searcli out and arrest
for a misdemeanor all persons violating the provisions of this act,
bv having any game or lish mentioneii therein unlawfully in their
possession, or veiwling the same, during any of the )»eriods pro-
hiititetl in tliis act, within such cities, towns or itoroughs; and all
pers<»ns so arrested shall be taken before the mayor, burgess, or
any jiolit-c or other magistrate of said cities, towns or iioroughs in
w hi«-li the arresi is made, who shall prm*eed to hear and «leterinine
as to the truth of the ollensi' chargetl on the oath or allirinalion of
»»ne or more witnesses to the same: Provided, That the olHcer
making the arrest shall be a competi'ut witness ; and if the person
or peisons so arrested sliall be fomid guilty, he, she «)r they shall
be convieted of a mis«lemeanor and sentencetl to pay the tine or
lines, penally or penalties, imposed by this ad for having such
game or lish in posse.ssi( n, or vending the same during any of the
[teriods prohibited therein, together with the costs; one-half of

lAm\ 'on of con-
viction.

Commitment to jail
in default of pay-
ment uf penalty.

Defendant may (five
liail to answer be-
fore court.

IxMue of warrants
of arrest.

And search wur-
rantM.

Court of quarter
s«'«»>l< ins euipi iwered
to try otiender.

Duties* of mayors,
liurtfcsses. <'Ierk<» of
markets, etc.

l*rooeeilinirs on
arrests matle.

28

RErORT OF THE

[No, 15,

Off. Doc]

State Commissioners of Fisheries.

29

i

1 ii

■^

,

WllOIl <'(»'tS of 8Hlt

to lif a (.-liurge uu
foutiiy.

SHid penalty sliall go to the person informing and the otlier half
Hliall be foriinvith paid to the treasurer of the county or city in
whicli the oHVnse was committed ; and in default of payment, as
albresaid, the oliender shall be committed to the common jail <)f
the i)roper county for the term of not less than one day for each
dollar of the penalty imposed : Provvleil, That said conviction
shall be had Avithin one year after committing; the oflcnse : And
provided farther, That the defendant may, on refusing to pay
said penalty, enter into recognizjmce, with one or more suflicient
sureties, to answer said complaint, on a charge of misdemeanor,
before the court of quarter sessions of the peace of the county in
•which the otlense is committed, which court, on conviction of the
defendant of the ofl'ense charged and failure to pay the penalty or
penalties imposed by this act, together with costs, shall commit
said defendant to the common jail of the county for a period of
not less than one day for each dollar of penalty imposed : I'm-
vided further. That nothing in this section shall prevent any per-
son or persons other than those particularly mentioned in this sec-
tion and having a knowledge of the violation of the provisions
therein mentioned from laying information of the same and i)ro-
ceeding to recover the penalty or penalties therefor, in the manner
]>rescribed in the following section, who shall also be a competent
witness on the trial of the case.

Skction 37. Whenever any officer or constable making com-
plaint of the violation of any of the provisions of this act shall
fail to recover the penalty or penalties therein mentioned in any
I)roseculion or suit commenced by him or them pursuant to the
for v^i'if? sections of this act, the c<)sts of suit incurred by him or
them shall beacharge upon the propercounty, and shall beaudiled
and allowed as other county charges are audited and allowed.

Sfx'TIOn 38. In all cases notseparately and particularly provided
for in other sections of this act, wherever the j)eiuilty or penalties
meiitioncd in said act exceed in amount the jurisdiction of alder-
men or justice of the peace, it shall be the duty of tlie district at-
torney for the county where the o'llenseis committed to commence
actions for the recovery of such penalties, upon re«-eiving proper
information thereof, in the court of quarter sessions of the or
other court having jurisdiction in the proper county; and in all
such a<*tlons brought by such district attorney, one-half the j)en-
llowpi«naltlost«iiio altv recovered shall belong to the person laying information on
which the action is brought, and the other half shall be paid to the
treasurer of the county in which the oifense is committetU

Skci lox 39. All actions for violation of the provisions of th's
act, except where otherwise therein directed, siiall be brought
within one yt'ar from the time such violation was committed.

Si't-mts. lisli-l>!isk('t, poiiiul-iK^t.s, etc., torpLMloes, j^isiiit

powdtr, etc., not to bo pUicetl in tlio waters of

fouiity.

Exct'piion.

Skction 13. No person sliall at any time place in any of the
waters of said county, any set-net. fish-basket, pond- net, gill-net,
fyke, e»'l-wcir, kiddle brush or fascine net, or anj' other means of
taking tish in the nature of seines, nor place or put in sai<l waters
any torpedo, gi lit powiler, nitro-glycerine, lime or any other pois-
onous or explosive substance, nor ilraw oil' or change the course of
said waters for the purpose of catching or taking game lish there-

Wh«'n (MstrlPt ut-
toiiiey to bring suit.

a|>|ii(i|)riulcil.

Liniitutkm of huU.

.iiiiic :iO, istP. P. L.

from, nor at any time or place, within said county, take, catch or
kill speckled trout with any means or device other than rod, hook
and line : Provided, That nothing in this section shall be so con-
strued as to prevent any person or persons from catching speckled
trout with nets in waters owned by himself, for the purpose of
stocking other waters, nor to prevent the catching bait tish by
hand or cast nets for angling or scientific purposes.

Game Jcilled during: the time permitted by this act may
be killed or had in possession for ninety days thereafter.
Section 14. Any person or persons may sell or have in his or
h'^r possession any game menti«med in this act for the period of iVi'.'
ninety daj-s after the time limited for killing the same shall have
expired : Provided, He or she shall prove that such game was
killed within the perioil allowed by this act, or was killed at some
place where the law did not forbid the killing of the same.

Duiy of officer or person authorized by anj- incorpor-
ated association for the protection of game and tish.

Section 15. That any officer or person authorized by any incor-
porated association for the protection of game and lish, duly in-
corporated Ity the laws of this Commonwealth, shall have power
to examine and submit to such tests as he shall deem proper any
game ami tish mentioned in this act, to ascertan whether the same
shall have been unlawfully taken or killed, in the hands or posses-
sion of any person whomsoever the same shall or may be found,
and tor that purpose shall have power to take into possession for a
reasonable length of time a.\\y such game or lish for tlie purpose of
submitting it to such tests, and without any further process or war-
rant about him to enter into any premises or buildings, and search
for any game or fish, soasaltove mentioned, for the purpose above
mentioned.

Penalty for oflfendin«r ag-ainst this act.

Skction Hi. Any person or persons otlending against any of the
provisions of this act shall be guilty of a misdemeanor and on con-
viction thereof shall be sentenced to pay a fine not less than live
dollars nor more than fifty dollars, or undergo an im])risonment
not less than one or more than six months, or both or either, at the
discretion of the court.

Incorporated societies as aforesaid to receive one-half of
all tines collected.

Skction 17. And such society orclul), so incorporateil a"* afore-
said, shall l»e entitled to receive from the county one-half of anv
and all fines collected and paid into the county trcjisury by virtue
of this act.

Xo person to tish in any manner exc<^pt with rod, hook
and Vmo, within one fourth of a mile of Colund>ia dam, or
of the tish ways thereof.

Must not obstruct the passagre of fish to, throu|rh and
over said tishways.

Penalty. Fine, $500 or less. Imprisonment, six months
to two yeai's.

Tune .30, 1878. P. L.

June 30. 1878. P.
178.

L.

June ,30. 18: 8. P. L.
178..

Jtme 30, 1878. P.
178.

L.

30

June 11. 1879.
154.

Report of the

[No. i:

Off. Doc]

State Commissioners of Fisheries.

31

p. h.

i:

June 11
154.

18;9. P. L.

AiiTllW. \r,:

P. L.

Skption 3. It shall not be lawful for any person or persons to
fisli witli any kinil of nets or seines, or any othe niethotl of entrai)-
l)ing rtsli, except with rod, hook and line, within one-fourth of a
mile of the Columbia dam, or any part of tlie said dam in which
the said (ishways are constructed, in any manner, or by any deviro
binder or obstruct the tree approach to and passage through and
over said tishways of any such tish ; and any person or per.-»ons so
offending, shall be deemed guilty of a misdemeanor, and on con-
viction thereof sliall be sentenced to. pay a tine not exceeding five
hundred dollars, one-half to the informer and the other half for the
use of the county wherein such conviction is had, and undergo an
imi»risonment for a term of not less than six months or more than
two years, or both or either, at the discretion of the court.

Xo jtcrson or mrporal'um shall obstruct fishways of said
dam without the consent of the Fish Coiuniissioners.
r<'nalf(/. Fine, $500 or less. Imju'isouinent, six mouths

to three years.

Sectk^x. 4. It shall not be lawful for any person or corporation
using said dam, to obstruct the said fishways witliont the consent
of the PMsh Commissioners, either for tlie purpose of raising the
water in the pools of the said dam or any other purpose; and any
such obstructions shall be deemed nuisances, and may be abated
by any citizen or tish warden or water ItailifV of this Common-
wealth ; and any such person or corporation shall l)e guilty of a
misdemeanor, and on conviction tliereof shall be sentenced to
pay a fine not exceeding five hundred <lollars, one-half to the in-
former and tlie other half for the use of tlie county wherein such
conviction is hatl, and suffer an imprisonment for a term of not less
than six months or more than three years, or either or lioth,
mvording to the discretion of the court under tlie cir«-umstances of
the case; and when tiie nuisance shall be in (wistence, at the time
of the conviction and sentence, it shall l»e lawful for the court to
direct either tlie defendant, any fish warden, or the sherilV of the
proper county, at the expense of the defendant, to abate the same

Shad.
Xo person shall have in possession, or expose to sale,
any shad eau*rht in the : —

1. Delaware river, or any of its tributaries, below the
head of Trenton Falls, between Jiuie 11 and Auj,nist 10 in

any year;

2. Alnne the head of Trenton Falls, or anywhere on the
river Suscpblianna or any of its tributaries, between Jime
16 and Aufjust 10 in any year.

Paialfff $5 for every offence, with costs.

Section 1. No person shall have in his or her possession, or
expose to sale, any shad caught in the river Delaware, or any ot
its tributaries, within the jurisdiction of this state, below the head
of Trenton Falls, between the lltli day of .Tune and the 10th day of
August in any year, or alK)ve the head of Trenton Falls, or any-
where on the river Susquehanna, or on any of its tributaries, with-
in said jurisdiction, V)etween the Ifith day of June and the 10th day
of August in any year, under a penalty of five dollars for each and

every shad so had in possession or exposed for sale to be recovered
in any action or actions of debt, w ith cost of suit, by any person or
persons in his or their name or names, before any justice of the
peace in thecounty where the offence was committed, or where the
defendant resides oris found: Provvled, That nothing in this act
contained shall make it unlawful for the Fishery Commissioners of
this State, or of the co-riparian states, or of the United States Com-
missioner of Fisheries, with the consent of the Fishery Commis-
sioners of this State or of the co-riparian states, to take fish in the
said waters, for the pur|>ose of natural or artificial spawning or
propagation of the same (a).

Shad in the Susquehanna and Jimiata rivers.

AMien they may be caug^ht.

Penalty for \'it)lations.

Section 4. It shall be unlawful for anj- person or persons to june 10. 1881. P. I.
take, catch or kill anv shad in the Susriuehanua and Juniata rivers *♦*■
from sunset on Saturday till sunrise on Monday oiany week, during
the run of said fish, from March 15 to June'J5 of each year, but
tishing shall be permitted for said fisli from Monday at sunrise till
Saturday at sunset of each week, ouring said time, with seine or
seines, net or nets not less than four and one-half indies in the
mesh, measured from knot to knot iliagonally ; if any person or
persons violate the provisions of tliis section during tlie clo.sc time,
any tish-warden, constaltle or sherilfof any county in sai<i common-
wealth is hereby empowered to arrest the offender or offenders on
sight ami confiscate all seine or seines, net or nets, boat or boats of
any kind, and implements of fishing, outsideof any inclosure used
in any connection with the same, and sell the same at public
auction, an<l appropriate the prm-eeds, less expenses, to the school
fund of said district where the violation occurs; and the same
penalties or forfeiture sliall api)ly to any person or persons who
shall employ or use in any way wha'cver any gill or drift seine or
seines, net or nets, at any time; and, in addition to the forfeitures
aloH'said, the person or persons so offemling shall be deemed guilty
of a misdemeanor, and upon «'onvi<'tion sliall be fined not exceed-
ing fifty dollars, ami imprisoncti in thecounty jail for not less than
three months, or both oreith'.'r, at the discretion of thecourt trying
the same.

Sjtcck'fcd irnut to l>e caught only with rod, hook and

line, except for propa«;ation.

SErTioN IS. No person shall at any time catch or kill any speckled june-i l.s:s. V T.
trout with any device save only witli rod, hook and line, excep '*^-
for the purpose of propagation, under a penalty of twenty-five
do!l.irs for each offence (ft).

Sea sitlnuni or s]>eckled trout niaj' be taken durinij
April, May, June and July.

May Iw cauj^lit with nets in private watei's to stock
other wtiters.

{n) Sec act 10 June, 18X1. section 4.

(^) See act of hi April, 1S70. P. L. 1201, rocrulating the fishing of
trout in certain (•(uinlies, also act 24 May, isTl P. I, 275, for the pni-
tection of food fishes introduced In the rivers Delaware and Schuyl-
kill.

EErORT OF THE

[No. 15,

Off. Doc]

State Commissioners of Fisheries.

33

Junes, 1678.

Junes. 1878.
178.

JuneU. 1885.
109.

June .S, 1878.

Hm.

|-

June 10. 1881.

Penalty for ^-iolations.
p L. Skction 19. No person sliall kill or oxposo to sale, or have in his
or her jmssession, after tlio auune has been killed, any sea saliuou
or speckled trout, save only tluring tlie months (of) April, May.
June and July, inuler a penalty of ten dollars for each salmon or
trout so killed or had in jiossession ; hat this section shall not pre-
vent any person from eatehing trout with nets, in waters owned by
liimself, to stock otiier waters.

Snhium or ^jkcI-JcJ, trout only to be i^ang-lit bctwpen
May 1 and Aiij^-iist 1.
, i^ Section 11. No person shall catch, kill or expose for sale, or have

in his or Iw^r possession, after the same has been caught or killed,
any salmon or spei-kled trout, save only between the first day of
Maiy and the liist day of August following.

Speckled trout may be taken only from April 15 to

June 15.

Penaltij $10 for each trout taken out of season.

p. I,. Skc'Tiox 1. That it shall be unlawful for any person to catch, kill
or expose to sale or have in his or her possession, after the same
has i)een caught or killed any speckled trout save only from the
tUteenth day of April to the lifteenth day of July, under a penalty
often dollars for each trout so killed or had in possession, but tliis
act shall not prevent any jicrson from catching trout with nets in
waters owned by himself to stock other waters,

Ldl'c trout not to l)e killed eliiring' October, Novi'inlxT

and December.

PcuaJft/. Ten dollars for each fish.

P. I,. Skctiox 2(1. No person sliall kill any Lake trout in the months
of October, Noveml>er and December, under a penalty of ten dol-
lars for each tish.

Specified or Cnti/ornin mouutoiu trout less than five
inches in lenjyth shall not at auy time ha eauf^-ht, taken,
killed or had in possession.

JJrook trout shall not be taken for a period of three*

years after thev have been planted bv the Fish C'ommis-

sioners.

p.l,. SrjCTiox :i. No person shall, at any time, catch, take, kill or have
in his possession, after the same has been killed, any speckleil trout
or Talifornia mountain trout, for sale, less tlian live inches in
length, and it shall be unlawful for any person to lisli in any
stream in this Commonwealth for a period of three years, in whicli
brook tront have been planted by the Fish Commissioners of the
Stale, under a penalty of twenty dollars, as provided for in section
3l» of act of Assemijly, approved June 3, 1878: Provided, Public
notice has been given of said planting at the time, in any newspaper
pultlisheil in tlie county wliere said streams are located, for the
period of tliree weeks.

inten black bass, green bass, yellow bass, willow bass,
rock l)ass, Lake Eri«' or ^rass bass, pike or pi<*krrel, wall-
eyed pike or Siiscpiehanna salmon uioi/ In' cau<jht.

iKi.

Skction 25. No person shall, by any means or device whatsj- junes. 1878. p i,.
ever, catch or kill in any waters of this State, any black bass, green i"^^- "« nmemieii ,'>)

" o not. Iiin4^ 111 IhmI

bass, yellow bass, willow bass, rock bass. Lake Krie or grass bass^ sec. 2. P. i.. m
pike or pickerel, or wall-eyed pike, commonly known as Susque-
hanna salmon, between the first day of January and the first day
of June, nor shall catch or kill any of said species of fish at any
other time during the year, save only with a rod, hook and line ;
any violation of this section shall subject the offender to a penalty
often dollars for each and every ottenee : Provided, This section
shall not apply to the waters of Lake Erie, except in the ponds on
the island or peninsula forming the north" and east shores ot the
harbor of Erie (a).

How speckled trout, yellow bass, gTeen bass, willow or
black bass, Lake-Erie or ^-een bass, or other fish .s/tall
not be caught.

Fishingr by drawuigr off water, or by poisonous or ex-
plosive sul)stances, prohibited.

Section 26. No person or persons shall catch any speckled trout. ju„, ». kst^. p. i,.
yellow bass, green bass, willow bass, or black bass, Lake Krie or
green bass, or other fish in any of the waters of this State, by shut-
ling or drawing ofiany portion of said waters, or by dragging or
ilrawing small nets or seines therein, when the waters siiall be
wholly or in part drawn ott', except by order of the State Fishery
Commissioners ; and it shall not be lawful for any one to place or
cause to be placed in any of the waters of this Commonwealth,
<iuickliine or poisonous bait, any torpedo, giant powder, nitro-
glycerine or other explosive substance with intent to catch or kill
any fish aforesaid ; and any person violating the provisions of this
act shall l»e guilty of a misdemeanor, and on conviction thereof
sliall be liable to a penalty of fifty dollars (6).

liait-Jinh may be cau^rht with hand-nets or cast-nets, for
augling" or scientific purposes.

Section 29. Nothing in tliis act shall be so construed as to i»re.
vent the catching of bait-lisli, by means of hand-nets or ca.sts-nets,
for angling or scientific purpose.

Skction t«. Nothing in this act shall be so construed as to pre-
vent the catching of bait fish by means of hand-nets or cast nets
for angling and scientific purposes.

Sk<'tion 10. Nothing in this act shall be so construed as to pre-
vent the catcliingof fish for artificial propagation, the sKxking of
otiier waters, and for scientific investigation.

Black, yellow or pfreen bas«^, less than six inches in
length, sliall not be taken at any season of the year.

Section 31. No person shall, by any means or device whatsoever,
or at any sejuson of the year, kill any black, yellow or green bass,
of a less .size than six indies in length; but should any such fish
be taken or captured by any means of less size, it shall be the iluty
of any one so taking or capturing the same to return the same

June.l, 1><7'*.
Itki.

P I.

jti May. !.•<:■«. P I.
.'•7.

.'un>.l. I "its.
• a.

p I,

{it) See act of 16 May, 1878, P. L. 57, for the protection of fisli
in the waters of Lake Erie, infra, p. 35.

(/») The act of 1 May, 1873, section 23, P. L. p. <»j, prohibits
the placing of any deleterious substance in any waters*.

3rt Fish.

34

Report of the

[No. 15,

ilay ir.. bTS, P. I,

Jijiie;iO. IPTH. 1'. I.

us.

.Iiiuf-'T. 1S'>". P. 1,
HA.

Mav ■.:,. ]RST. P. I,

1 .:».

immediately to tlie waters whence tal<eii ; any violation of this
section sliall subject the otrender to a penalty of ten dollars for
each and every ottense (n).
, Pickerel pike, grass pike or lumcallomje must not l)o

8peared.

Skction 4. It shall not he lawful for any person or persons to
spear any pickerel pilie, grass pike or ntuscallonge ; any i)ersou
violating tlie provisions of tliis section shall be liable to a i)enalty
often dollars for each and every ottense.

Pike or pickereJ only to be caught between June 1 Jind
Febmary 15 following?.

Se< TioN 12. No person shall catch or kill or expose for sale, or
have in his or her possession, aft«'r the same has Ix'cn catigiit or
killed, any pike or pickerel, save only between the first day of J une
ami the lifteenth day of February following.

Sturgeon

May be cauf^ht in any waters of this Ooramonwealth.
Si:ei ION 1. The catching of sturgeon in any waters of this Com-
monwealth shall not be unlawful (^).

German Carp

Shall not be taken during May, June, July and August
of any year.

Pemilfji, $5 foi- every lish taken out of season.

Skction 1. It sluUl be unlawful tor any person or persons to
catch, kill, take or remove in any nianner whatever, from any
public lake, stream or spring, any tish or lishes known as (Jcrman
carp (lining the months of May. June, July and August of any
year; /»/ot'/«/«(/, That this act shall not api»ly toGlerman carp taken
for the purpose of sKxking other streams or private piuuls.

Skoiion 2. Persons ottending against the provisitnis of section

(a) See Commonwfalth »•. Kvans, J'.* Leg. Ini. 133, for pnMclure
nmlertheactof 2:)th Manh, 1871, P. 1.. 4r)tl, which is similar in its
provision to the above a«'t.

(/<) In Dunhtp w. The Commonwealth. 12 Out. «»07, it was hchl
that tlie (-ommonwealth of Pennsylvania has the same Jurisdiction
over the waters of Lake Krie, ailjai-ent to the territory ceded to
tiie Commonwealth l>y the Cniled States as ttiough that territory
had been embraced in the original charter to William I'enn, and
tlie legislative powers of tin* Commonwealth over those waters
are absolute, except so far as they may be restrained by Congress
tor the purpose of carrying into clleci the admiralty and maritime
laws of the United States.

That the said act did not repeal the act of May 10, 1S7S (\*. L.
r)7), entitled ".\n act tor the protection of lish in the waters ot
Lake Krie and bays, ponds and bayous adja«-ent thereto."

The act of Assenddy approved June 27, 1883 (P. L. 104). which
provides in section 1, "That the cat<hing of sturgeon in any of the
waters of this Commonwealth shall not be unlawful," tli<l not re-
peal the said a<t of May lO, 1878, so as to allo*v the «-atchit»g ol
sturgeon in the waters of Lake Krie by means of pond nets.

Off. Doc]

State Commissioners of Fisheries.

3.1

one are guilty of a misdemeanor and liable to a penalty of five
<lollars for G\Gvy tish so taken out of season.

Trout Fishing.

»

Skction a It shall not be lawful for any proprietor of any hotel, April ic. ts'o v i
restaurant, eating-house or saloon, in any of said counties, to con- J-wi.
tract with or to cmi)loy any person or peVsons to catch or fish for c.ntraHinK for
trout lor him ; and no jM-rson or persons shall sell or dispose of any funn"e''rt"i^ "" '''^"
trout to the proprietor of any hotel, restaurant, eating-house or f"u""i^»'^
sal«»on in any of said counties; any person offending against any
of the provisions of this section shall be liable to the penalties pre-
scribed in section six of this act

Tliis act applies to the counties of Potter, Lycoming-,
Tioga, Clinton and Sullivan, and the streams in the said
c* Hinties,

Skction 2. That no person or persons shall carry, send or in any
manner whatever transport trout taken in .said streams to an v place,
tirui or persons outside of this Commonwealth for sale, or upon
any agreement or contract to furnish tlu- same in any (luantity
whatever.

Lake Erie.

Section .S. It shall not be lawful for any person, persons or cor-
I'oration to place or allow to pass into or upon any of the spawning
grcKinds of Lake Erie or any part there«)f, any tish oflal, contents
of tannery vats, coal tar. gas tar, saw dust and planing mill shav-
ings or any other ih'leterious substance, or for any person or pei^ons
to make use of giant powder or other ehctri*; powtler or anv ex-
plosive substance whatever, for the purpose of taking lish ; any
person violating tin- provisions of this act shall be liable to a penalty
of ten <lollars for each and every ollense.

Section 5. Any i>erson or persons having in his or her posses-
sion any lish unlawfully caught in the waters of Lake Erie, bays,
pomlsand bayous adja<'ent thereto, upon conviction thereof, shall
be liable to a i>enalty often <lollars for each and every ollense.

Procedure and pentilty for violation of this act.

Skition 7. Any person or persons violating any of the pro-
viHions of this act, who shall be summarily convicted thereof be-
fore a justice of the peace or alderman, shall be senteiiceil to pay
a fine or fines, penalty or penalties attached to such violations,
together with c<.st. one-half of which penalty shall go (o the in-
former, and the remainmg one-half shall l>e forthwith paid to the
treasurer of the county in which the ollense was committed ; and
it shall be the duty of said treasurer to distribute said fund .soaris-
ing at the close of each year to the various school districts in .said
county, in proportion to the number of taxables in said tlistrict,
and upon failure or refusal of the «lefendant to i)ay the penalty or
penalties imposed by this a<-t, together with costs,' the said alder-
man or justice of the peace shall commit .said defendant to the
eoinmon jail of the county for a period of not less than one day
for each dollar of penalty and costs imposed : Provvletl, That said
conviction shall be had within one year from the time of commit-
ting the ottense: And pruvUlcd farther, That the defendant, on
refusing to pay said penalty, may, within twenty days after con vie-

April Ifi. ISTO.
I'iUI.

May Ifi. IHTS. P. 14
57.

May IH.

67.

1^7h P I,

Dutii'H <if Justin'"
(III fDnviftiiiii fur
\l<>lutin»{ )lrt.

Approprlatlun <>l
|K.■naltil>^t.

I.liiiKatlon (if i-un-
vli'tlon.

nt'foiiilaiit may
Klvo liaM tn aiiswtT
boftirt- «'«)url.

36

Report of the

[No. 15,

tion enters into recogi.izaace with one or more sufficient sureties to
answer said complaint, on a uiiarge of misdemeanor, before the
court of quarter sessions of the county in which the oflense is com-
mitted, which court, on conviction of the defendant of tlie offense
dmrged, and failure to pay the penalty or penalties imposed by
this act, together with costs, sh^ll commit said defendant to the
common jail of the county for a period of not less than one day
lor each dollar of penalty and costs imposed.

April 3f<. ISTH. I'. L.

Fishery Commissioners Established.
How appointed, general duties, bonds, etc.

Skction 5. The Governor of the Commonwealth is hereby au-
thorized and required to appoint three competent persons, who
shall be known as tlie State Fishery Commissioners ; who slmll be
commissioned and hold their positions for tlie period of three years
from the date of tlieir appointment, unless liie said commission is
sooner dissolved by legislative enactment; and any vacancies oc-
curring in said commission, by death, resignation or otherwise,
shall, for the unexpired term, in like manner be lilled, by the ap-
pointment and commission of tlie Governor. The general duties
of the said commissioners, in addition totheirotherdutiesspecified
in this act, shall be to forward the restoration of the inland tish-
criesoftherivorsand waters of this Commonwealth, and tostm'k the
same with ffsh, in succession, at their judgment, as they shall be
supplied with means therefor ; and they shall use every lawful
means to have all the laws in the case or cases made and provided,
to ue faithfully cxecute«l ; who shall be paid their reauoiiable and
necessary expenses for the performance of the duties prescribed by
this act, and shall re|)ort their proceedings and doings annually to
the Legislature, through the Governor of the Connnonwealth, ac-
companied by a full and itemized statement, under oalh, of all ex-
IKMiditures made by them in pursuance of the provisions of this
act: Provided, That before the Governor shall issue a commission
to any of the said Commissioners, he may recjuire each of them to
tile a l)ond in the sum of ten thousand dollars, with one or more
sufficient sureties, in the .\utlitor General's oflfice, to be approved
of by the said Auditor (xeneral, conditioned for the performance of
the duty of said Commissioners with fidelity, and the faithful appli-
cation of any moneys which may come to his hands as such Com-
missioner (rt).

Further duties of Fislury Commissioners.

Aprifw. I8T3. I' L WKfTioN 10. It Shall further be the duty of tliesaid Fishery Coin-
-^w ' missioners to select proper and suitable locations, and construct

and erect -suitable houses and devices for the purpose of hatching
and propagating useful tribes of tood-rtshcs, and to sto<'k and sup-
ply all the streams, lakes and fresh waters of the Coinmonwealtli
with the same, V)y distributing the impregnated spawn or fry of the
saiil tribes of rtshes to all parts of the State under proper regula-
tions, having in view the encouragement offish culture, and toem-
ploy the necessary labor and buy the necessary material, machin-
ery and implements therefor ; and for that purpose, and to pay the
necessary expenses of the saiil Fishery Coinmissioners, and of the
•jailirts they may employ in pursuance of section seven of tliis act.

(rt) See P. L. 1886, p. 252.

Off. Doc]

State Commissioners of Fisheries.

37

the further sum often thousand dollars, or so much thereof as may
be necessary, is hereby appropriated out of any money in the State
Treasury not otherwise appropriated, to be paid by the State Treas-
urer on the warrant or warrantsof the said Commissioners or a ma-
jority of them, from time to time, as the work is done or the ser-
vice rendered : Provided, That the said Commissioners shall ttle
annually with the Auditor General an account of all moneys ex-
pended and services rendered, and whenever it may be practica-
ble, produce and file with said account the proi>er vouchers for the
same.

Board of Fishery Commissioners increased in number
to six.

Section 6. That the Board of Fisliery Commissioners be in. .)„„,.,,. ihth p l
creased in number to six, the three Commissioners hereby added i'><
to the board to be appointed in the manner now provided by law
for the appointment of the present board.

Fish-wardens or ivater-hailiffs.

Fishery Commissioners authorized to appoint them.

Section 7. The Board of Fishery Commissioners may, if they April 28, t87:<. p l.
consider it necessary-, appoint not exceetling two fish- wardens or ^'^
water-bailiff's, to be placed in charge of each of the reaches or
stretches of the river immediately below or above the dams men-
tioned, and at least three fish-wardens or water-bailiffs on the river
Delaware, at such point or i>oints as they may deem proper, whose
duty it shall be to be vigilant, and who, if it be necessary, are
hereby empowered to call to his or their aid any sheriffs, consta-
bles, harbor police-officers or their deputies, and upon information
maffe by him or them, or upon view of any offence against or in-
fraction of any of the fishery laws, to arrest and bring to punish-
ment all and any offenders against the same ; the pay of each of
which officers shall not exceed one hundred dorars in anyone year.

Persons or corporations erecting dams accessible to
shswl or other migratory lish must put in some suitable
fislnvays or hulders under the direction and approval of
Fishery Commissioners.

Section 11. It shall be the duty of any person or persons or cor- April 38. ur.i. v. i.
porations hereafter erecting or constructing any dam or dams in '^'•'"
any of the rivers of this Commonwealth or their tributaries, acces-
sible to shad or other migratory fishes, to put in or upon the same
suitable fishwajs or ladders, under the direction and approval of
the said Fishery Commissioners; without which every such dam
shall be deemed a public nuisance, and liable to be abated ui>on
the information of any one complaining.

Fish waidens for the DeJaware.

Section 1. The Board of Fisliery Commissioners may, if they M«y ii is;4. iv i.
consider it necessary, appoint one fish warden or water bailiff' for '^■-
each county bordering upon the river Delaware at a salary not to
exceed one hundred dollars per annum, whose duties shall be the
onlinary duties of fish warden and water bailiff', as heretofore pre-
scribed l»y law.

38

Report of the

[No. 15,

M:iy 14,
U2

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Mav U.

IHH. I'. I.

.Iiine •>.

ISTS. iv I..

May '.». l>(Ki. I'. L

May '.». Iwtt, IV I-.

I

Sfilar{e.s of fish wardens.

Skctiox 2. The annual pay of the fish warden or water biilill.
placed in charge of the reaches or stretches in the neighborhood of
the Coluniliia dam, shall not exceed the sum of three hundred dol-
lars ; and the annual pay of the fish warden or water bailirt' place«l
in charge of the river from the Columbia dam to the Maryland lino
shall not exceed the sum of two hundred dollars.

Additional fish wardens, etc.

Section 3. The Board of Fishery Commissioners shall have
power to appoint such additional fish wardens or water bailills
as have not been authorized by previous laws, at or along such
inland waters as they may deem necessary, at a salary not to ex-
ceed fifty dollars per annum.

Fi\sh iranlvKS or water baiUffs to be appointed on re-
quest.

Duties.

Sk<'TION 27. The Board of Fish Commissioners shall, upon the
application to them in writing of ten or more citizens of any county
in this Commonwealth, appoint one or more fish wardens or water
bailitls, whose duty it shall be to enforce, by information or prose-
cution, the laws of this Commonwealth, now in force or that may
hereafter be passed, providing for the propagation and protection
of fish in any of the interior waters of this Commonwealth :
ProvUh'd, That the Commonwealth shall not be liable to pay to
any of the persons so appointed any salary or compensation for
their services («).

Fish (.'nttnnisslo)irr8 authorized to sell Donegal Spring's.
Lancaster county, Pa.

Skciion 1. lir it rnin'frd, etc., That the State Commissioners of
Fisheries are hereby authorized and empowered to sell and disi^ose
of the salt! grounds (Donegal Springs. I^ancaster «-ounty, Pennsyl-
vania), water rights antl l)uildings, at public vendue, to the highest
bidder, on the most advantageous terms, after giving due and
timely notice of the sanje, by publication in at least two news-
paiK?rs i.ublished at Harrislmrg, and two newspapers published in
Lancaster county, for three weeks previous to said sale.

Fish Cnmmi.s.siinirrs authorized to sehvt antl purchase,
with funds realized from side of above l^oneg-al Sprino-s,
a suitable sight in the eastern part of Stiite and cn'ct
buildings, etc.

Skction 2. That the Fishery Commissioners are hereby authf>r-
ized to select and purchase, with tlie funds realized from tlie sale
of the same, another suitable site in the eastern part ol the State,
containing a sullicient (luautity of non-failing water, and erect or
cause to be erected tlH-reon suitable buildings, and other appliances
necessary for the artificial propagation of fish, and file an account
with pro|>er vouchers of all moneys expended for the same with
the Auditor UenenU : Prorule.d, That the amount expended in
purchasing such new site, and erecting buildings thereon, shall
not exceed the sum realized from the sale of the proi)orty author-
ized to be sold by this act.

(*() See section 32, etc., of same act for i>enalty and procedure.

Off. Djj.]

SrATE COIMISSIJNEIIS OF FlSHEllIE^.

30

Certain fishways to be constructed.

Skction 2. The State Fishery Com inissioners are hereby author- .luneil. isw. Fi^'li-
ized and rc<iuired tocau.se to be constructed, by contract with the ^%^jp(,'"' '"""
lowest and best bidder or bidders, after due public notice, approved
fishways or ladtlers for the passage of migratory or anadromous
fishes in the public streams of tlie State, as follows: One in the
Columbia dam, in a(idition to the one therein erected by the
Fishery Commissioners by the act of Assembly of Anno Domini
one thousand eight hundred and seventy-three, and if deemed
feasible and advisable by said board a modification of the original

fish way constructed in the year eighteen by Colonel

.James Worrall, fish commissioner ; one in fireen's dam, at Clark's
Ferry, one in the Shamokin dam, and one in the first dam in the
.Juniata river above its confluence with the Suscjuehanna river ; to
lie built and <-onstructed in a substantial nmnner, in the most ap-
proved methotl. to admit of the passage of fish, and so as to do no
unnecessary injury to said dams for the purposes for which they
are now used : J'rovuleil, That the one in the Columbia dam, as
well as the remodeling of the old one, if deemed advisable, shall be
completed during the year eighteen hundred and seventy-nine, and
the others in succession iti their onler named ; the t.'lark's I'^rry
and Siiamokin, and one in the .Juniata, to i»e constructed during
the year eighteen hundred and eighty, if the Fishery Commis-
sioners shall first file with the Auditor (reneral a certificate that in
their ojiinion the said fishways in the Columbia dam have been
successful for the passage of migratory and anadromous fishes.

Acts Aiu'RoriiiATiNo Moneys for the Protection and

PlJOl»AGATlON OF FiSH.

T/mr f/ioiisffml Jof/itrs fipprojtrinfiff for artificial propa-
gation of shad in river Delaware during the s<»ason of the
year 1874, provided New Jersey appropriates an t^juid
aj^ouiit for sanu^ purpose.

Sm'TloN 1. Jte it puoctcd, etc.. That should the State of New
.Jersey appropriate funds for ihe artificial propagation of shad in
the river Delaware, during the fishing season of the current year
one thousand cigiit hundred and seventy-four, the Board of Fishery
Commissioners are authorized to apply and employ a similar
amount for the same purpose: Proridfd, The said amount shall
not exceed the sum of three thousand dollars: Atid proridi'd
fiirtln'r. That the said sum, not exceeding three thousand dollars,
is hereby a]>|)ropriated for that purpose, to be paid by the State
Treasurer upon th«' warrmts of the said Board of Fishery Com-
missioners, from time to time, as the same may be necessary,
wlienever a certificate of the appropriation and action of the State
of New .Jersey shall be tiled in the office of the State Treasurer,
authenticated as requiretl by the laws of said State.

2\it thousand dnihti'.s ajtfnojniitfi'd for hatching and

propagating useful tribes of foiHl-tishes, and to stock all

streams, lakes and fresh waters with same.

Sk( rioN 2. '! hat ♦.he sum of ten thousand dollars, or so much
thereof as may be necessary, is hereby appropriated for expentli-
ture iluring the present and coming fiscal year, out of any moneys

Miiy 14. lx;4. r 1.
I41I.

Mav 14. is:4. r

U'.t.

40

Report of the

[No. 15,

mhv n.

I4H

i»;4. p. L.

Mil nil 1^.
I. -,'1

iHi;.. I*.

in the State Treasury not otherwise appropriated, to be paid by tlie
State Treasurer on the warrant or warrants of the said Commission-
ers or a majority of them, for the purpose of hatching and propa-
gating useful tribes of food tislxes, and to stock and supply all the
streams, lakes and fresh waters of the Commonwealth with the
same, by distributing the impregnated spawn or fry of the said
tribes of fishes to all parts of the State under proper regulations,
and for the dissemination of any varieties of fish in the waters of
the State, and to employ the necessary labor, material and imple-
ments therefor, and to pay the necessary and reasonable expenses
of the said Fishery Commissioners, and the salaries of the flsh-
wardens and water-bailiflfs they may appoint : Provided, That the
said Commissioners shall file annually with the Auditor General
an account of all moneys expended and services rendered, and pro-
duce and file the proper vouchers for the same.

Fi sh ways to he construiiied in Clark's FciTy dam, in
Shamokin dam, and in the first dam in the Juniata river
above its confluence ^nth the Susquehanna river, provided
fishways in Columbia dam are deemed successful.

Twenty-two thousand dollars ap}jropriattd for this pur-
pose.

Skction 3. That the said Board of Fish Commissioners are re-
quired to have constructed during the year eighteen hundred and
seventy-four, by contract with the lowest and best bidder, after
due ami public notice, fish-ways or ladders for the passage of mi-
gratory or ana<!romou8 fishes, as follows, to wit : The three fishways
that they were required to constriict during the year eighteen hun-
dred and seventy-three, but which they did not construct, as fol-
lows, to wit : One in Clark's Ferry dam ; one in the Shamokin
dam, and one in the first dam in the .luniata river above its con-
fiuence with the Susquehanna river, for which purpose the sum of
twenty-two tliousand dollars ($22,000), or so much thereof as may
be necessary, is hereby appropriated outof any moneys in the State
Treasury not otherwise appropriated : Proxi'lcd, That none of tlie
fish-ways named in this section shall be put under contractor con-
structed, unless the said Commissioners, or a majority of them,
shall, on or before the first day of .Tune, in the year eighteen hun-
dred and seventy-four, file a certificate with the Auditor General
that in their opinion the said fish-ways already constructed in the
Columl>ia danj has been successful and can be successfully used
for the passage of migratory or anadromous fishes.

Artifcial propagation of shad in the Delaware river.

ThrtH* thousjuid dollai*s appropriated for this ]>urpos<^

by Pennsylvania, provided New Jersey appropriates funds

for the same purpose during cuiTent year (1875).

Section 1. Be it enacted, etc., That should the State ot New
Jersey appropriate funds for the artificial propagation of shad in
the river Delaware, during the fishing season of $he current year,
one thousand eight hundred and seventy-flve, the Board of Fishery
Commissioners are authorized to apply and employ A similar
amount for the same purpose: Provided, The said amount shall
not exceed the sum of three thousand dollars: And provided
further, That the said sum, not exceeding three thousand dollars.

Off Doc].

State Commis>sioner8 of Fisheries.

41

is hereby appropriated for that purpose, to be paid by the Slate
Treasurer upon the warrants of the said Board of Fishery Commis-
sioners, from time to time, as the same may be necessary, when-
ever a certificate of the appropriation and action of the State of
New .Jersey shall be filed in the oHice of the State Treasurer, au-
tlienticated as required by the laws of the said State.

Five thousand doUai-s appropriated for hatching and
projiagating useful tribes of food fishes, etc., and to stock
all streams, lakes and fresh waters of the Commonwealth
with the same.

Section 2. That tlie sum of five thousand dollars, or so much
thereof as may be necessary, is hereby appropriated for expendi-
ture during the present and coining fiscal year, out of any moneys
in the State Treasury not otherwise appropriated, to be paid by tlie
State Treasurer on the warrant or warrants of the said Commission-
ers, or a majority of them, for the purpose of hatching and propa-
gating useful tribes of food fishes, and to stock and supply all
streams, lakes and fresh waters of the Commonwealth with the
same, by distributing the impregnated spawn or fry, or adult fish,
of the said tribes of fishes to all parts of the State under proper reg-
ulations, and for the dissemination of any varieties of fish in the
waters of the State, and to employ the necessary labor, assistance,
material and implements therefor, and to pay the necessary and
reasonable expenses of the said Fishery Commissioners, and the
salaries of the fish-wardens and water-bailiffs they may appoint :
Provided, That the said Commissioners shall file annually with the
Auditor General an account of all moneys expended and services
rendered, and produce and file the proper vouchers for the same.

Fifteen thousand dollars appropriated for hatching- and
propagating useful tribes of food fishes, etc., and for the
pmchase of a suitable site west of the Allegheny moun-
tains and the erection thereon of suitable buildings and
appliances for the artificial propagation of fish.

Section 1. Be it enacted, etc.. That the sum of fifteen thousand
dollars (?15,000), or so much thereof as may be necessary, is hereby
appropriated for expenditure during the coming and present fiscal
year, out of any moneys in the State Treasury not otherwise appro-
priated, to be paid by the State Treasurer on the warrant or war-
rants of the State Fishery Commissioners, or a majority of them,
for tile purpose of hatching and propagating useful tribes of food
fishes, and to sto«'k and supply all the streams, lakes and fresh
waters of this Commonwealth with the same, by distributing the
impregnateil spawn or try of said tribes of fishes to all parts of tlie
suite uiKler proper regulations, and for the dissemination of any
varieties offish in the waters of the State, and to employ the nee.
essary labor, inateriiil and implements therefor, and to |i«ky the
necessary and reaMonable expenses of the said Fishery I'onimis-
sioners and the salaries of tlie fish- wardens and water-bai lilts they
may appoint : Provided, That the said Fishery Commissioners are
hereby authorized and recjuired to select and purchase for and in
the name of the State a suitable site, located west of the Allegheny
mountains, containing a sulficient quantity of never-failing foun-
tain water, and erect or cause to be erected thereon suitable build-

Marcli Ifi.
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Mity 4.

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Kepokt of the

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iriMS and other appliances necessary for tlie artificial propagation
offish : Avd ] roiuif'il /ai'f/irr. That the said Conunissioners shall
tile ftiinuallj' with tlie A iKiitor General an atrcuunt of all moneys
expended and services rendered, and produce and lile the i)roper
voucliers for the same.

2\'H tlnnisantl ilolhirs aj^propriafttl for liatcliiiig" and
|)r()])ag'jitiii*2: useful trilx^s of food fishes, etc.

7Vo Ihiiusaml ilolJars tJicrcof to be used to examine and
repoft a plan for i\ tishway in CVjlumbia dam.

SKeTiON 1. Br it en<irf>'tl, oto.. That the sum of ten thousand
dollars, or so much thereof as n)ay be necessary, is liereliy appro-
priated for expenditure during the present and coming fiscal year,
out of any moneys in the State Treasury not otherwise appropri-
ated, to l>e paid by the State Treasurer on the warrant or warrants
of the Fishery Commissioners of the State, or a nuijority of them,
for the i>urpose of hatching and propagating useful tribc^s of food
fishes, and to stock and supply all streams, lakes and fresh waters
of tlie Commonwealth witli the same, by <listril)Uting the impreg-
nated spawn or fry or adult fisli of the said trii)es of fislies to all
parts of the State, un<ler proper regulations, and for the <lissennna-
tion of any varieties of lisli in tlie watersof the State, and to employ
the necessary labor, assistance, material antl implements therefor,
and to i>ay the necessary and reasonable expen>*es of the said
Fishery Connnissioners. and the salaries of the fish-wardens and
water-ltaililVs they may appoint : Pniciilt'il, That thesiid <\)uimis-
sioners sliall file annually with the .\utlitor (ieneral an ac«'ount ot
all moneys expended and services rendered, and produce and file
the proper vouclu'rs tor tlie sanu^ : rrm'idfil. That twr, thousand
tlollars, or so much tliereof as may be necessary, shall be used for
the purpose of carrying out the provisions of a <'oncurrent resolu-
tion of tlie Legislature appointing a special <'ommittee to examine
and report a plan for a lishway in Columbia dam.

Ten thousand Jnllnrs ai)])i-opriated for liatcliinj:: and
]>ropM<j:atin«:' useful tribes of food fishes, etc.

JU sfrcifins, lakes and fresh waters of this Common-
wealth to be stocked an«l supplied with the snme.

Skctio.n 1. Jtt' if fu<ir/,'if, rfr., Tiiat the sum of ten tiiousand
«lollars (flO.OfMi). or so mucli thereof as nuiy l»e ne<es!-:irv, is
hereby appropriatetl for expenditure, during tlie present and
coming fis<'al year, out of any ujoneys in the treasury of tlie State
not otiierwise appropriated, to be paid by the State' Treasurer on
the warrant or warrants of the State Fishery Commissioners, or a
majority of them, for tlie purpose ot liatching and propagating
useful tribes of fooil fislu's and to stock and supply all the streams,
lakes an<l fresh waters ot this Comm«»nwealth with the same, by
«listributing the impregnat«'d spawn or try of said tril)es of fishes
to all parts of the State, under juoper regulations, and for the dis-
semination of any varieties of tish in tlu' waters of the State, and to
employ the necessary lab<)r, assistance, material and impltinents
therefor, and to pay the necessary ami reasonable oxpens«-s of the
said Fishery Commissioners, of the fish wardens ami water bail ills :
Prnriihil. That thc! said Commissioners shall file annually, with
the Auditor General, an account of all moneys expeuded, and pro-
duce and file the i>roper vouchers for the same: And prodded

Off. Doc]

State Commissioners of Fisheries.

43

further. That fifteen hundred dollars of the appropriation be paid
to at least three fish wardens and water bailifis, to be appointed In-
said Connnissioners.

Twenty thousand dollars a|)proj)riatL>d for hatching?- and
inopaorating useful tribes of food fishes and supplying
jdl streams, lakes and fresh waters with the same.

Section 1. Be it enacted, etc., That the sum of twenty thousand .i„„e n. isru. P. i-
dollars, or so much thereof as may be necessary, is hereby api)ro- ••'*
jiriated for expenditure during the present and coming two fiscal
years, out of anj-^ moneys in the State Treasury not otiierwise
api)ropriated, to Ite paid by the State Treasurer on the warrant or
warrants of the said Commissioners, or a majority of them, for the
purpose of liatching and propagating useful tribes of food fislies
and to stock and 8ui»ply all the streams, lakes and fresh waters of
the Commonwealth with the same, by distributing the impregnated
spawn or fry of the said tribes of fishes to all parts of the State,
under proper regulations, and for the dissemination of any varieties
of fish in the waters of the State, and to employ the necessary
labor, material and implements therefor, and to pay the necessary
and reasonable expenses of said Fishery Commissions and the
salaries of the fish wardens and water baililfs they may appoint :
Provided, That the said Commissioners shall file annually, with
the Auditor General, an account of all niontys expended and
services rendered, and produce and file the proper vouchers for
the same.

Thirtii thousand dollars apjuopriated to carry into effect
the provisions of act of 11th June, 1870.

Fifteen thowsand dollars thereof may be used in con-

Htruction Jtnd remodelinj^- the fishways of Columbia (Lim.

Section 5. For the purpose of carrying into etl'ect the provisions
of this a<*t, the sum of thirty thousand dollars, or so much thereof ''i
as may be necessary, is hereby appropriated out of the moneys in
the State Treasury not otherwise appropriated; and no moneys
shall be paid out of the State Treasury, under the provisions of this
act, except upon a warrant of the .Vuditor General upon a certificate
or certificates of the said Fishery Commissioners, or a majority
thereof, from time to time, that the services have been rendered or
work done in accordance with this act: Provided, That not more
than fifteen thousand dollars shall be used in the constructi<»n and
remodeling of fishways in the Columbia dam.

Fifteen thousand dollars approjiriated for liatcliins: ami
l)ropa«j:atin«r useful tril»es of food fislies and to stock all
streams, lakes and fresh waters with th<^ satne.

Skction 1. Be it enneted, etc., That the sum of fifteen thousand
dollars, or so mu«'h thereof as may be necessary, is hereby appro-
priated for expenditure during the present and coming two fiscal
years, out of any moneys in the State Treasury not otherwise
appropriated, to be paid by the State Treasurer ••n the warrant or
warrants of the said Commissioners, or a majority of them, for tin*
I»urpose of liatching and propagating useful tribes of food fishes
and to stfK'k and supply all the streams, lakes and fresh waters of
the Commonwealth with the same, by ilistributing the impregnated
spawn or fry of the said tribes of fishes to all parts of the State, under

.liilif 11. l^.'.t. IV I.

■lull)'

r»j.

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44

Report of the

[No. 15,

Off. Doc]

State Commissioners of Fisheries.

43

.lulv •,'. I^s•..
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ISN.. I-

proper regulations, and for tlie dissemination of any varieties of tis-li
in the waters oftlie State, and to employ tlienecessa -y labor, material
and implements tlierefor, and to pay the necessery and reasonable
expenses of said Fishery Commissioners and the salaries of the
tish wardens and water baililfs they may appoint : Prorideil, That
llie said Commissioners shall tile annually, with the Auditor Gen-
eral, an account of all moneys expended and services rendered, and
produce and file the proper vouchers for the same.

Twenty-five thousand dollars appropriated for liatt'hing
and propaf^ating useful supply of food fishes and to stock
all streams, lakes and fi-esli waters with the same.

Skction 1. Be it enacted, etc., That the sum of twenty-five
thousand dollars, or so much thereof as may be necessary, is hereby
appropriated for expenditure during tlie present and coming fiscal
years, out of any moneys in the State Treasury not otherwise
appropriated, to be paid by tlie State Treasurer, on the warrant or
warrants of the State Fishery Commissioners, or a majority of them,
for the purpose of hatching and propagating useful tribes of food
fishes and to stock and supply all the streams, lakes and fresh
waters of the Commonwealth with the same, by distributing the
impregnated spawn or fry of the said tribes of fishes to all parts of
the State, under proper regulations, and for the dissemination of
any varieties of fish in the waters of the State, and to employ tlie
necessary labor, service, material and implements therefor, and to
pay the necessary and reasonable exjienses of said Fishery Com-
missioners and the salaries of the fish wardens and water bailitls
they may appoint: Prorided, That the said Commissioners shall
file annually, with the Auditor General, an account of all moneys
expended and services rendered, and produce and file proper
vouchers for tlie same.

The said appropriation to be for the following specific
objects :

1. To establish a hatching-house at Erie for white
fish, etc.

2. To repair and improve the hatching establishment at
Cony.

3. To establish fishway below Shamokin dam, Suscjue-
hanna.

4. For the general expenses of the Commissioners.

Sf.ction 2. That out of the moneys liereby appropriatcti the said
Commissioners shall expend such amounts as they may deem
nee«lful for tlie following specific purposes, and within the follow-
ing limits, to wit :

First. To establish at Eri»' a hatching-house for white fish and
other varieties suitable to the lo<.'«tion, five thousand dollars, or so
much thereof as maj' be necessary.

Second. To repair and improve the grounds and the hatching
establishment (establishing) at Corry, one thousand dollars, or so
much thereof as may be necessary.

Third. To establish an improved fishway for the passage of
migratory or other fish on the Susquehanna, below the Shamokin
dam, at such point or points as they may deem expedient or suitable

for them, nine thousand dollars, or so much thereof as may be
necessary.

Fourth. For the general expenses of the Commissioners in carry-
ing out its objects prescribed bylaw, ten thousand dollars, or so
much thereof as may be necessary.

Fifh'vn ihoufiaml dollars apjrropriated for hatching and
propagating useful tribes of food fishes and to stock all
streams, lakes and fresh waters with the same.

Skction I. Be it enacted, etc.. That the sum of fifteen ttiousand
dollars, or so much thereof as may be necessary, is hereb3' appro-
priated for expenditure during the present and coming fiscal years,
out of any moneys in the State treasury not otherwise appropriated,
to be paid by the State Ti'easurer on the warrant or warrants of the
State Fishery Commissioners, or a majority of them, for the follow-
ing purposes ofhatchingand propagating useful tribes of food fishes,
and to st«x^k and supply all the streams, lakes and fresh waters of
the Commonwealth with the same, by.tlistributing the impregnated
spawn or fry of the said tribes of fishes to all parts of the State,
under proper regulations, and for the dissemination of any varie-
ties of fish in the waters of the State, and to employ the necessary
labor, service, material and implements therefor, and to pay the
necessary and reasonable expenses of said Fisliery Commissioners,
and the sjdaries of the fish wardens, and five thousand dollars for
the salaries of the water bailills they may appoint, or have ajv
pointed : Provided, That said commissioners shall file, annually,
with the Auditor General an account of all moneys expemled and
services rendered, and jirotluce and file proper vouchers for the
same.

Requiring the owners and maintainers tif dams along
Crooked crei'k, in the counties of Indiana and Armstrong,
to construct such chutes as will allow fish to pass up and
down the stream.

Skction 1. Be it enacted, etc., That any person, company or
corporation, owning or maintaining a dam across Crooked creek,
in the counties of Indiana and Armstrong, shall, on or before the
first day of December, Anno Domini one thousand eight hundred
and eighty-five, construct and erect such chutes, slopes, tish-ways
or gates as may be necessary to enaljle tish to asceiul said stream
at all seasons of the year, and any person, company or corporation
hereafter building any dam across said creek shall, at the time of
such building, erect and construct the chutes, slopes, fish-ways or
gates as aforesaid.

Skction 2. That u|>on the petition of not less than five citizens
to the court of (juarter sessions of the county in which the dam
across Crooked creek may l»e Im-ated, upon which a chute, slope,
fish-way or gate is constructed, complaining that such chute, slo|)e,
tish-way or gate does not comply with the provisions of this act, as
provi«ted in the first section f)f this act, such court shall appoint
three disinterested competent citizens, who are freehoUlers in su<"h
county, to inspect said chutes, slopes, tish-ways or gates, anil who
shall report to said court whether such chutes, 8loi>es, fish-ways or
gates are sufliclent for the inirposes of this act, and make report
thereof to the said court the first day of the next term, which re-
port shall bo tiled, and the court after hearing all parties iutereste.l

Jun«»2. !»>!:. I' r,.

Junes. 1885. 1*. L
Ownera and mttin-
talneni of dams r»'-
qutred to ert>ct iuhI
construct tlsh-wiiy*
prl(irt«) l»ef. 1. l>>t<.'>

Damo hereatter

built to be ^<|| ci'll

etructed .

Upon complnliit ■•t
Ave or njore iMtf-
Ecns. court r«f quar-
ter scsnion!« to ap-
point throe lui'iK'c-
tors.

Who >«hall report in
refcard to the d:tni
Its thuteit. etc

46

l{«'P<>rt. after hoar-
iiitl may Up cun-
tlriiicil nr r»'j«'ctt>il
by tlu' •■•mrt.
Kffj'ct of r«'|>"rt.

I'ciialty fur tic^rlcct
«ir icfusal to com-
ply witli provi.>.ioiis
of "art.

How n>«'ovi'roble.
To wlioiii ]ial<l.

Report of the

[No. 15,

Off. Doc]

.Iiino iO. ll-M. P. 1-.
Klsli corporations
may have spi'cial

(Hllit'C.

(ioviTiior to ap-
point.

rolloo to take oath.

PoWIT* of pollro.

'I'"" wonr fhioM.

otnpoiinntlon.

S\ iu'ii M'n-irc!" no

shall confirm or rejeft the same as shall appear proper from the
e\i(JeiK-e, and tlie action of tlieioiirt ill siu-h report shall l»e evi-
deuve on the trial of any action to recover any penalty i)rovlded
hy this act.

Sk( rioN 3. That any person, company or corporation neglecting
or refusing to comply with tlie first section of this act, siiall forfeit
and pay the sum of hfiy dollars per month for every montli he or
they so neglect, which sum sliall be recovered as like sums are
now recoverable, and suit therefor shall be in the name of tlie
Commonwealth, and when collected, shall be paid to tlie treasurer
of the school district in which the dam is located that is com-
plained of.

The appoiutment of police for corporations org-anizcd
for the prcsorvatioii ami propag:atioii of lisli.

Skctiox 1. lie if cnac(e<f, etc., That any corporation organized
under the laws of this Commonwealth for the preservation and
propagatiini of hsh in this Commonwealth, mtiy apply to the (Gov-
ernor to commission such persons as the said corporation may
designate, to act as policemen for tlie protection of the property of
sucli corpondion.

Skctiun 'J. The (governor, upon such application, may appoint
sudi persons, or so many of them as he may deem proper, to be
such policeman, and siiall issue to such person or persons so ai>-
pointed a commission to act as such policemen.

Section 3. Every i>oli»emaii so aitpoinled sliall, before entering
upon the duties of his otlice, take and sul>scribe the oath required
by tlie cightli aiti<le of the Constitution, before the recorder of
the county in wiii.h the property of sai«l corporation may bu sit-
uated, whiili oatli, after being duly recorded by such reconier,
shall l)e riled in the ollice of tlie Secretary of State, and a ceriilied
copy of such oath, made by the recf)rdcr of tlic county, sl»all be
recorded with tlie coiiuiiission in the county in whi«iithc j>rop<rtv
of such cori><»ratioii, for which siu-h p«)liceman is appointed, may
be situated, and in which it is intended said policeman shall act ;
and surh policemen so appointed shall severally pos.'>c>.s and exer-
cise all the pow ers of policemen in the county in >\ hicli they shall
be so authorized to act as aforesaid, ami the keepers of jails and
lock-ups or station-houses in said county are re<iuired to receive
all i)ersons arrested by siuh policemen for the «-ommissioii of tiny
odense against tin" laws of this Conimoiiweallh upon ihe premises
of any such corporation, to be tiealt with according to law.

Se<"TH)N 4. Such corporation polit-e shall, when on duty, sever-
ally wear a metallic shield with the word " police" and tin- name
of the coriKH'ation for which appointed inscribed thereon, aiul sai<l
shieUl shall always be worn in plain view, except w hen employed
as detectives.

Se< I lox 5. The <'ompensation of such police shall be paid by
the cori>oration for w hicli the policemen art' respectively appointed,
as may be agreed upon between them.

SK(Mi".Ni». Whenever any corporation shall no longer re<iuire
the services of any policeman as aforesaid, they may file a note to
that ellect under their <'orporate seal, attested by their secretary,
in the ollice w hero the commission of such policeman has been re-
corded, which shall be noted l»y the recorder upon the margin of
'he record where such commission is recorded, tind thereupon the
power of such policemen shall cease and be determined.

State Commissioners of Fisheries.

47

Since tlic compilation of the foreg^oing- acts, several acts
were jiasscd by tlu^ Leg^islatm-e at its session of 1889, the
text of which are quoted in full.

LAWS PASSED MAY 22, 1889, FOR THE PROTEC-
TI( )N OF SHAD AND GAME FISH.

AN ACT

For the protection of shad and game tish in the river Delaware.

WiiEHKAs, It is deemed ad\4sal)le l)y the fish commis-
sioners of New York and Pennsylvania, to protect the
stockiiifi: of tho river Di'laware with shad and game fish,
and to g^utiid the fishing- industries of the said river by
the pussao-c of uniform laws for the said river in each
State ; therefort',

Section 1. Bf if enacted, etc.. That hereafter no person
or persons shall cast, (baw, fasten or otherwise make use
of any seine, drift-net, fyke-nct, or net or nets of any other
description, or use any other apjiliance for the catching
of fish, except rod, hook and liiK", in the Delaware river:
Pror'nlril, Tliat this seetion sliall not extend to shad fish-
ing : Pnniihil afs<,. That the meshes of nets used for
cateliing shaJ. shall not be less tlum three inches in width,
or one an«l one ludf inches fnuu knot to knot, above Tren-
ton Falls: r,urnf(',/ (ffsn. That it shall not be lawful to
fish U)V shad with nets, either shore, drift, gilling or dip-
nets, or with any apidiances what«>ver from June fifteenth
to December thirty -first of any year, in the Delaware
riv(ral)ov«' Trenton Falls. Any person or persons vio
latiiig any (^f the iirovisions of this section, shall forfeit
or pay the sum of one htuidred dollars, with all costs of
suit, togetlier with the forfeiture of boats, nets and all ap
plianees.

Si,( HON 2. Tliat hereafter no person or i^ersons shall
cast, set, thaw, f.isteii or otherwise mak(^ us»' of any fyke.
net, or n«'ts of any kind, or device maile from cotton or
fiax twin(>, or wire netting, similar to a fyke-net, for the
purjiose of caching fish in the Delawaiv river, at any time
in any year. Every person so ofiending shall be guilty
of a misdemeanoi-, and on eiuiviction therefor shall be
punished liy a fine, not exceeding one luuidrcMl dollars, or
by impiisonm<>nt in the county j:iil for a t(>rm not exceed-
ing six niontlis, or both at the discretion of tli<' magistrate
or court before wliieh such ofi'ender or ofienders shall

Prcambln.

FishlDK with n^fn
pmhlbited.

Xot to pxt«'n<l to
shad liMliiriif.
Slzo of nio<«h aboTff
Trenton Kalis*.

Fl!«hlnK for fhail
with nrt* from .liiiip
l.'i to |lfi><>nitier .;!.
pn hit>itt'(t ahovo
Trenton ^illl^

t'enalty for viola-
tion of act.

Tho UKO of rortain
iK'is pnhlMtiMl

Vjoliitlon of thl>>
Hct <le<'l«r«'il a nil-<
(leiuounor.

Penalty.

48

Report of the

[No. 15,

Ki!«lilii(( with netH,
etc.. on Sunday
prohibited.

Penalty.

Krectlim and use of
tl!>h ImMketH. etc.,
prohibited.

Wind walli". etc.. In

be convicted, and the net or nets, devices or appliances
used shall be destroyed by the officer making the arrest.
Section 3. It shall be unlawful for any person or per-
sons to cast, draw, drift, anchor, set, stake or otherwise
make use of any g-illing^net, seine, shore-net, drift-net, ell-
pots, or any kind of net for the purpose of catching tish
in the Delawai'e river from sunset on Saturday night
mitil twelve o'clock on Siuiday night of each and every
week ; and the person or persons so offending shall for-
feit and pay the sum of one hmidred dollars, together
with the costs of suit for each and every offense.

Section 4. It shall be milawful for any person or per-
sons to place, build, erect, fasten or use any tish-baskets,
gill-nets, pound-nets, fykti-nets, eel-weirs, kiddles, brush
or fascine-nets, or any permanently set means for taking
fish in the river Delaware ; nor sliall any pei*son at any
time affix any nets, fish-baskets, fyke-nets, eel-racks, or
any kind of appliances or set means of taking fish to any
wing walls in the river Delaware. Nor shall any person
sH''d"appiiunceVpro- or pcrsous crcct, build or place, or cause to be erected,
'''""*^" Imilt or placed, any wing wall, or walls of stone or of any

other substance or material, in the river Delaware, for the
purpose of affixing, adjusting, placing or setthig thereto
or adjacent thereto, any of the above-mentioned illegal
devices, contrivances or appliances for taking fish. Any
person violating the provisions of tliis law shall bc' fined
fifty dollars for the first offense or be liaV)le to imprison-
ment for one month in the comity jail, or both at the dis-
cretion of the magistrate V)efore whom the offender is
convicted, and any person or persons so offending a sec-
ond time shall be lial)le to a fine of one hundred d(»llars
and imprisonment for thive months in the county jail.

Section 5. It shall not be lawful to catch or kill, by any
means whatever, any rock l)ass or any wall-eyed pike,
otherwise called Susquelianna salmon (sjiecies recently
introduced in the river Delaware), within two years from
the passage of this act, under a penaltj* of ten dollars for
every fish caught or had in possession.

Section 6. No person shall, by any means or device
iwIJn'.iammfJ'V''' whats<H'ver, catcli or kill in the Delaware river, any black
bass, rock bass or wall-eyed i)ike, commonly known as
Susquehanna stilnion, between the fii*st day of January
and the thirtieth day of May in any year, nor shall catch
or kill any of said species of fish at any other time during
the yeai* save with rod, hook and line. Any violation of

I'oniilty.

rciialty for second
utTcnse.

Itock \mti* or wall-
eyed pike not to be
liiuttht or killed
within two years.

Black bnM. etc.

and Miiy m.

And at no time save
w ith honk and line.

Off. Doc.]

State Co.m.missjonkhs of Fishkhies.

49

this section shall subject the offender to a ])enalty of ten
dollars for each fish so caught.

Section 7. No jxason shall catch or kill, in the Dela-
ware river, any black bass or wall-eyed pike under six
inches ill length, or any rock bass under five inches hi
length, under a penalty of ten dollars for every tish so
caught. But should any such tish ])e taken of less size
than the aliove, or should any wall-t^yed pike or rock bass
of any size be taken within two years from the passage
of this act, it shall be the duty of any one taking or cap-
turing the same to return the tish immediately to the
water from whence taken. Any violation of this law shall
subjtH-t the offender to a penalty of ten dollars for each
and every fish so caught.

Section 8. Nothing in this act shall be so construed as
to prevent the catching of bait fish, other than game fish,
by means of hand or cast-nets for angling or scientific
purposes, or tli(^ catching of game fish by order of any
member of the State Fish Conimission of anv State having-
jurisdiction in the Delaware river for the purjiose of
stocking other waters.

Section 9. Any Fish Commissioner, fish warden, deputy
warden, sheriti', deputy sheriff, constable, policeman, or
any special officer of this Coinmonwealtli, is hereby
authorized to destroy any fish-basket, eel-weir, fyke-net,
pound net, shore-net, drift-net, dip-net, wing-wall or wing-
walls, or any illegal devices named in any section of this
lU't, and they are hereby authorized to arrest forthwith
any person placing, «necting. using or fastt»iiing them.
Any i>erson or persons interfering with any of the above
officers in the discharge of their duties or resisting arrest,
shall pay a fine of one hundred dollars or Ix' imi)iisoiied
three months in the county jail, or shall be subjtvt to
both penalties at the discretion of the magistrate or ctmrt
before which he or they shall be convicted.

Section 10. Any Fish Coniinissioner. tish warden,
(l«'l)uty tish warden, sheriti", deputy sheriti'. constable,
pt>liceinan, or special officei-s of this Commonwealth, is
liereby authorized to ajiprehend, arrest and iniinediat<'ly
take any pt>rs<in who may be guilty of the violation of
any of the provisions or sections ()f this act before any
justice of the peace, magistrate or anv other legally con
stitnted authority, and therenjion make cjiaige o( such
violatitm of the law or any of the provisions thereof, and
the magistrate shall forthwith hear and determine the
4'^ Fish.

Penalty.

Blai-k basH under <■
in<-lie!<lii lenutli and
wail-eyed pike
under ;'i inches in
length not to be
cauKbt.

I'enalty.

If cauiilit to ln> re-
turned to the water.

Catcbine tlHh for
certain purposes al-
lowable.

Unties of tisli war-
dens and other ol-
ilcers.

Penalty fi>r Inti'r-
ferenee wltlmllleers
ill (liM-harue of sucb
duties.

Oflicers aiitb"ri/ei|
to make arrests.

50

Report of the

[No. 15,

the peace, etc
Appeal

C08tJ<.

Application ut tloes
recovered.

Hearing <.f charges chai'ge and reiidei* the verdict accordingly, ^Tith the right
of certwrari or appeal as in all similar cases of anest and
conviction, and in case of any failure of any Fish Com-
missioner, warden or any other officer named above to
prove his case, the county in which it is heard shall pay
the costs.

Section 11. The fines imposed under any section of
this act shall be paid to the treasurer of the county in
which the prosecution shall be made, and the said treas-
urers of the several counties of the State shall pay over
to the Commissioners of Fisheries all moneys forfeited
and recovered by them by virtue of this act, and the said
Commissioners shall pay over the same to the Treasurer
of the State.

Section 12. All sections, pro\'isos or acts inconsistent
with this act are hereby repealed.

Kepeal

May 22. 188».
I*reamble.

Klohing with netH
pfdhibited above
Trenton Kalis.

Kxcept for Mhad niut
herring.

Width of menhex of
nets for shad alxivi'
Trenton Kails.

KlHhing for nhnd
with netcfroin .lnn««
\h to December HI.
prohibited.

AN ACT

For the protection of Mhad, sturgeon and game fish In the river

Delaware.

Whereas, Disputes have arisen, and may continue to
arise, l)etween Pennsylvania and New Jersey, as to the
means applied and the time set apari by ejicli respective
State for the catching of fish in the waters of the Delaware
river, and as concuiTent legislation between the States of
Pennsylvania and New Jersey is In^ieved to be the only
means to remedy this, and to protect tlie stcx-king of the
Delaware as well jis to protect the fishing industries of
eju'h State : therefore,

Section 1. liv if enacted, etc.. That hereaifter no pei-son
or persons shall cast, draw, fasten or otherwise makr use
of any seine, drift net, fyke-net or net, or nets of any
other description, or use any other appliance for the
catching of tish, exc«'pt, rod, hook and line, in the Dela-
ware river above Trenton Falls: Provid&l, Tliat this
section shall not extend to shad and hening fishing:
Pron'ifed also. That the meshes of nets ust'd for catching
shad shall not ho less than three inches in width, or one
and one-half inches from knot to knot, above Trenton
Falls: Proviitri/ also, That it sliall not bt* lawful to fish
for shad or herring with nets, either shore, drift, gilling
or dijj-nets, or with any appliance whatever from June
fifteenth to Deceml>er thirty-first of any year, in the
Delaware river above Trenton Falls, Any person or

Off. Doc.]

State Commissioners of Fisheries.

61

persons violating any of the provisions of this section
shall forfeit or pay the sum of one himdred dollars, with
all costs of suit, together with the forfeiture of boats,
nets and all appliances.

Section 2. Tliat hereafter no person or persons shall
cast, set, draw, fasten or otherwise make use of any fyke-
net, or nets of any kind, or device made from cotton or
flax twine, or wire netting, similar to a fyke-net, for the
purpose of catching fish in the Delaware river above
Trenton Falls at any time in any year. Every pei-son so
offending sliall be guilty of a misdemeanor, and on con-
viction therefor shall be punished by a fine, not exceed-
ing one hundred dollars, or by imprisonment in the
county jail for a term not exceeding six months, or both
at the discretion of the magistrate or court before which
such offender or offenders shall be convicted, and the net
or nets, devices or appliances used shall be destroyed by
the officer making the airest.

Section 3. It shall be unlawful for any pei-son or per-
sons to cast, diaw, diift, anchor, set, stake or otherwise
make use of any gilling-net, seine, shore-net, drift-net, eel-
pots, or any kind of net for the purpose of catching fish
in the Delawai-e river from sunset on Saturday night until
twelve o'clock on Sunday night of each and every week ;
and the pei-son or persons so offending shall forfeit and
pay the sum of one hundred dollars, together with the
costs of suit for each and every offense.

Section 4. It shall be unlawful for any person or per
sons to pWe, build, erect, fasten or use any fish-baskets,
gill-nets, pound-nets, fyke-nets, eel-weii-s, kiddles, brush
or fascine-nets, or any permanently set means for taking
fish in the river Delaware above Trenton Ftdls ; nor shall
any person at any time affix any nets, fish-baskets, fyke-
nets, eel-racks, or anj' kind of appliances or set means of
taking fish to any vnng walls in the river Delaware above
Trenton Falls. Nor shall any person or persons erect,
build, or pltu'c, or cause to be erected, built or placed,
any wing wall, or walls of stone or of any other substance
or material, in the river Delaware above Trenton Falls,
for the jnu-pose of affixing, adjusting, placing or setting
thereto or atljjKent thereto, any of the above mentioned
illegal devices, contrivances or appliances for taking fish.
Any person violating the pro\'isions of this law shall be
fined fifty dolhii-s for tlie fii-st offense and l>e liable to im-
prisonment for one month in tlie comity jail, or both at

Penalty for viola-
tion of act.

The U8e of certain
nets prohibited.

Violation of this
act declared a mls-
denieanor.

Penalty.

Fishing with nets,
etc. , on Sunday pro-
hibited.

Penalty.

Kreotlon and UHe of
ftNh-baitketi*. etc..
above Trenton Kails
prohibited.

Wlngwallf. etc.. In
connection with
Raid appliances pro-
hibited.

Penalty.

52

RePOHT (>¥ THK

[No. 15,

Off. ])()< .1

State Commissioxkks of FisHEiaEs,

63

Peiuilty for s(>c<>iiil

offlMlSl'.

Kook bass or wall-
oyi'd |)ik(' not to Ik'
cautrlit or killed
within two y«'iirs.

Black ItasM. «'tc. .not
to he caiiKlit ht'-
twtM'ii .laiiuary I
aiirt .May Mf.

AikI at no tlmo save
with honk and llni'.

Penalty.

IJIack l)Hss under t'l
inches lonx. and
wall-eyed pike un-
der .■> iiu-lies lotiK
not to lie caught.

Penalty.

If cautclit to lie re-
turned to tlH' wat<'r.

Catehintr fish for
••ertaln iiurposcs al-
Itiwahle.

l>iiflO!» of flsh-war-
d«'ns atid other of-
ficers.

the discretion of the maw-istratt' ])efore whom the offen-
der is ('oii\'icted, and any person or persons so offending
a second time shall be liable to a tine of one hundred dol-
lars and im])risonment for three months in the county
jail.

Sectiox 5. It shall not be lawful t(> catch or kill, by any
means whatever, any rock bass or wall-eyed pike, other-
wise called Susquehanna salmon (species recently inti'o-
duced in the river Delaware), witlfin two years from the
passage of this act, under a penalty of ten tloUars for
every fish caught or had in possession.

Sectio.x 6. No pei-son shall, by any means or device
whatsoever, catch or kill in the l^elawarc river, any black
bass, rock bass or wall-eyed pike, commonly known as
Susquehanna salmon, between th(^ first day of January
and the thirtieth day of May in any year, nor shall
catch ov kill any of said species of fish at any other time
during the year, save with rod, hook and line. Any vio-
lation of this section shall subject the offender to a pen-
alty of ten dollars for each fish so caught.

Section 7. No ]ierson shall catch or kill, in thf l)«'la
ware river, any black bass or wall-eyetl jiiki' under six
inches in length, or any rock bass under five inches in
length, under a penalty of ten dollars for evrry fish so
caught. But should anv such fishbctakt-nof h'ss si/e than
the above, or should any wall eyed pike « )r rock bass of any
size be taken within two years from the passage of this
act, it shall be tin* duty of any one taking or captuiing
the sanif to return the fish immediately to thf water from
whence taken. Any violation of tliislaw shall subject the
ofirnder to a penalty of Uu dollars for cat-h and ev«'ry
fish so caught.

Se(TIox 8. N<»thing in this act shall b»' construed as to
prevent thf catching of bait fish, otlu'r than game fish,
by means of haml or cast nets for angling or scientific
purposes, or the catching of game fish by t»rder of any
m<'nd)er of the State Fish Commission of any State
having jurisdiction in the Delawan' river for the purpose
of stocking other waters.

Section 9. Any Fish Commissiomr, fish warden, de-
puty warden, sheritt'. dc])utv sheriff, constable, policeman,
t>r any sp«'cial ofiicer of this Commonwealth, is hereby
authorized to destoy any fish basket, eel weir, fyke-net.
l>ound-net, slmre-net, drift net, dii» net, wing wall or wing
walls, or anv ill«*gal devices nani'd in any sectifni of this

act, and tht\v are hereby authorized to anest forthwith
any person i>lacing, erecting, using or fastening them.
Any person or persons intei-fering with any of the above
officers in the discharge of their duties or resisting an-est,
shall pay a fine of one hundred dollars and be imprisoned
three months in the county jail, or shall be subject to
both i)enalties at the discretion of the mjigistrate or court
before which he or they shall be convicted.

Section 10. Any Fish Commissi(jner, fish warden, de-
puty fish warden, sheriff, deputy sheriff, constable, po-
liceman, or si)ecial officer of this Commonwealth, is
hereby authorized to apprehend, arrest and immediately
take any person who may be guilty oi the violation of
any of the provisions or sections of this act before anv
justice of the |>eace, magistrate or any other legally con-
stituted authority, and thereuixm make charge of such
violation of the law or any of the provisions thereof, and
the magistrate shall forthwith hear and determine the
charge and render judgment accordingly, with the right
of certiorari or appeal as in all similar cases of anest and
con\-iction, and in case of any failure of any Fish Com-
missioner, warden or any other officer named al)ove to
prove his case the county in which it is heard shall i)ay
the costs.

Section 11. The fines imposed under any section of
this act shall be paid to the treasurer of the county in
which the i)rosecution shall be made, and the said treas-
urers of the the several counties of the State shall pay
over to the Commisioners of Fisheric's all mon«'Vs for-
feet and recoveretl by them by virtue of this act, and
the said CommissioniTs shall pay over the same to th«'
treasurer of the State.

Section 12. No section, proviso, or part of this act
shall be considered as valid or operative until the Legis-
lature of New Jerscn' shall ai)prove of the same b^- enact-
ing a similar act in whole ov in ]>art.

Section 13. All sections, provisos or acts inconsistent
with with this act are hereby n'^iealed.

Penalty for Inter-
ference with oftieers
in diiicharKeof such
duties.

Offieers authorized
to make arrests.

Ilea ring of charyes
before justices of
the peace, etc.

Appeal.
Costs.

Application of fine?
recovered.

This act to be<-onie
operative only
when a similar act
is passed in New
Jersey.

Uepeal.

AN ACT

For the protection of shad and game lish in tlio State of Pennsyl-
vania.

Section 1. lU it nwcted, etc.. That hereafter no person May w, \m*.
ox persons shall cast, draw, fasten or otherwise make us<' prohitm.Mi'"' "*""

54

Report of the

[No. 15,

Kxcept for shad,
herring and stur-
geon.

Size of meshes of
seineH or nets.

Shad and herring
not U) be caught
with nets from June
30 to December 31 .

Slxe «>f meshes for
catching shad below
Trenton Kails.

Shad and herring
fishing with nets
above Trenton Kalln
between June Ift
and December HI
prohibited.

Time of fishing
below Trenton Kails

Suckers and catfish.

Penalty for viola-
tions of this section .

The use of certain
nets prohibited.

And declared a mis-
demeanor.

of any seine, drift-net, fyke-net, or net or nets of any
other description, or use any other appliance for the
catching of fish, except rod, hook and line, in any rivers,
streams or waters of this Commonwealth : Provided, That
this section shall not extend to shad, herring and siur-
geon fishing: Provided also, That the meshes of seines
or nets used for catching shad shall not be less than four
inches in width, or two inches from knot to knot, and the
meshes of seines and nets used for eatching herring shall
not be less than two and one-fomth inches in width, or
one and one-eighth inches from knot to knot : Provided
also, That it shall not be lawfid to fish for shad or her-
ring with nets, either shore, drift, gilling or dip-nets, or
with any appliance whatever from June twentieth to
December thirty -first of any year, in any of the rivers,
streams or waters of this Commonwealth : Provided also.
That the meshes of nets used for catching shad and her-
ring shall not be less than two and a quarter inches in
width, or one and one-eighth inches from knot to knot,
in the river Delaware below Trenton Falls : Provided also,
Tliat it shall not l>e lawful to fish for shad or herring
with nets, either shore, drift, gilling or dip-nets, or with
any apphance whatever fiom June fifteenth to December
thirty-fii-st of any year, in the Delaware river above
Trenton Falls. It shall be lawful to fish below Trenton
Falls with nets haring a mesh of not less than ten inches
between the fifteenth day of June and the tenth day of
July of any year: Provided, That the provisions of this
act shall not apply in the open season to the catching of
suckers, eels and catfish, in streams other than trout
streams, partly and wholly included in the slu•^•ey of
farm lands owned by any citizen of this Commonwealth,
but nothing contained herein shall pennit fishing by
seines at any time. Any person or persons Wolating
any of the prorisions of this section shall forfeit or pay
the sum of one lumdred dollars with all costs of suit,
together ^v^th the forfeiture of boats, nets and all appli-
ances.

Section 2. That hereafter no person or persons shall
cast, set, draw, fasten or otherwise make use of any fyke-
net, or nets of any kind, device made from cotton or flax
twine, or wire netting, similar to a fyke-net, for the pur-
pose of catching fish in any of the rivers, waters or
streams of this Commowealth at any time in any year.
Every person so offending shall l)e guilty of a raisde-

Off. Doc.l

State Commissioners of Fisheries.

55

meanor, and on conviction thereof shall be punished by
a fine, not exceeding one hundred dollars, or by impris-
onment in the county jail for a term not exceeding six
months, or both at the discretion of the court before
which such offender or offenders shall be convicted.

Section 3. It shall be unlawful for any person or per-
sons to place, build, erect, fasten or use any fish-baskets,
gill-nets, pound-nets, fyke-nets, eel-weirs, kiddles, bnish
or fascine-nets, or any permanently set means for taking
fish in any of the rivers, waters or streams of this Com-
monwealth. Nor shall any pei*son at any time affix any
nets, fish-baskets, fyke-nets, eel-racks, or any kind of
appliances or set means of taking fish to any wing walls
in any of the streams, watera or rivers of this Common-
wealth. Nor shall any person or persons erect, build or
place, or cause to be erected, built or placed, any %\ ing
wall, or walls of stone or of any other substance or mate-
rial, in any of the streams, waters t)r rivei-s of this Com-
monwealth, for the ijurpose of affixing, adjusting, placing
or setting thereto or adjacent thereto, any of the above-
mentioned illegal devices contrivances or appliances for
taking fish. Any person violating the pro\dsions of this
law shall be fined fifty dollai*s for the first offense, and
any person or X3ei*sons so offending a second time shall
be liable to a fine of one hundred doUai-s : Provided, That
this section shall not apply to fishing with gill-nets
below Trenton in the river Delaware, which proviso shall
not give gill-nets the right to fish over any licensed fish
ing pond.

Section 4. No person shall catch or kill, in any of the
rivers, waters or streams of this Commonwealth, any
black bass or wall-eyed pike under six inches in length,
or any rock bass under five inches in length, under a
penalty of ten dollars for every fish so caught. But
should any such fish be taken of less size than the above,
or should any wall-eyed pike or rock bjuss of any size be
taken from waters in which they have been introduced
within two years from the passage of this act, it shall be
the duty of any one taking or capturing the same to
return the fish immediately to the water from whence
taken ; and no person shall by any means or de^^ce what-
soever catch or kill, in any of the waters of this State,
any pike or pickerel In^tween the first day of December
and the fii-st day of June in any year. Any violation of

Penalty.

Krectlon and use of
fish baskets, etc. .
prohibited.

Wing walls, etc.. in
connection with
Nald appliances
prohibited.

Penalty.

Penalty for second
offense.

Kxceptlon.

Black bass under
six Inches In length
and wall-eyed pike
under five Inches In
length not tu bi>
caught.

Penalty.

But If riiught to be
returned to the
stream.

Pike or pickerel nut
to be caught be-
tween DecemlxT I
and June I.

66

Penalty for viola-
tion of tliis provi
i>ion.

Black bass^inil wall-
eyed piko not to bo
cautilit Ix'twt'tMi
January 1 ami May.
30.

And only witli hook
and line.

Penalty for viola-
tion.

Tills anil precedlnn
!«e<aions not to ap-
ply to I^tku Krie.

CatelilnK tisli for
eertain p)irpo>e!<
allowed.

Repokt of the

[No. 15,

Duties <>t tisli war-
•lens and otluT
otlieen*.

Proviso.

Penalty for lnti»r-
ferenee with ottieers
In (lischarKO of
Unties.

t.>fll<'ers antliorlxed
to nnike arrests.

PriH-eedinKH after
ai rest.

this section shall sii])jet't the oti'eiuler to a penalty of teu
doUai's for eaeh and tnerv tish so eauo^ht.

Section 5. No person shall by any means or device
whatsot^ver catch or kill any l)lack bass, rock bass or
wall-eyed pike, commonly known as Susquehanna sal-
mon, between the first (hiy of January and the thirtieth
day of May in any year, nor shall catch t)r kill any of
said species of fish at any other time durin": the year,
save vriili a rod, hook and line. Any violatitm of this sec-
tion shall subject the otiender to a penalty of ten dollai>j
for each tish so cau»>ht : Prodded, That neither this nor
any of the precedin«- sections of this act shall ajiply to
tishinfr in the wate^-s of Lake Erie.

Section G. Nothinji- in this act shall be so construed as
to prevent the catching- tjf bait tish, other thaii »»-ame tish,
by means of hand in- cast nets for an<ilinj»" or scientific
purpt>ses, oi- the catching of g"ame tish by order oi any
niendxT of the State Fish Commission of this State for
the iun])ose of stocking- other waters.

Section 7. Any tish commissioner, tish warden, deputy
warden, sheriff, (lei»uty sheriff, constable, policeman or
any special officer of this Commonwealth, is hereby
authorized to destroy any tish-basket, eel-weir, fyke net,
l)oun<l net, shore-net, drift-net, dip net, winjr wall or wing-
walls, or any illepil device named in any section of this
act, and they are herby authorized to aiTest forthwith
any person iilacinjjf, erecting-, using or fastening them:
Procidcil, That this section shall not authorize the de-
struction of am' hauling seine used at any shore oi- island
fisheries exclusively for catching shad or herring. Any
person or persons interfering with any of the above otii-
cei-s in the discharge of their duties <»r resisting arrest,
shall pay a tine of one hundred dollars or be imprisoned
three months in tin; county jail, or shall be subject to
both i)enalties at the discretion of the court In'fore which
he or they shall be convicted.

Section 8. Any tish commissioner, tish wanlen, deputy
lish warden, sheriff, deputy sheriff, constable, jioliceman
or sjtecial otKcer of this Connntui wealth, is hereby autlior
ized to apprehend, arrest and imetliately take any person
who may Ix* guilty of the violation of any of the provisions
(»r sections of this act, or the violation of tlie laws t»f this
ConnnouAvealth in reference to illegal fishing, before any
justice of tlu^ pt^ace, magistrate or other leg-ally consti-
tuted authority, and thereujion mak<' charge of such viola -

Off. Doc]

SlWIE COMMISSIONEIJS OF FISHERIES.

57

tion of the law or any <jf the provisions thereof, and the
magistrate shall hear and determine the charge and ren-
der judg-ment accordin^^ly, with the rig-ht of certwrari or Appeal.
appeal as in all similar cases of anest and conviction (a).

Section 9. One-half of the tines imposed under any Application of Ane.
section of this act shall be for the benefit of the prose- '^'^"^'''^''^
cuter, and the other half shall be i)aid to the treasurer of
the coimty in which the prosecution shall be made, ami
the said treasurer of the several counties of the State of
Pennsylvania shall \my over to their respective Commis-
sioners of Fisheries of Pennsylvania, all moneys forfeited
and recovered by them by virtue of this act, and tlie said
Commissioners shall pay over the same into the State
Treasmy.

Se( TION 10. All sections, provisos or acts inconsistent Repealed,
with this act are hereby repealed.

(a) The Legislature has power to provide for the siiininary con-
viction of certain ottenses.

In Byer.s and Davis r. Commonwealth, 1862, « Wright, 93. The
assignments of error raise the tiiiestion of the constitutionality of
the act of 13 March, 18611, which provides for tlie summary convic-
tion of professional thieves. Held to be constitutional.

'•It is insisted that tliis act is repugnant to tliat clau.se in the
declaration of rights in the Constitution which guarantees that
trial by jury shall be as heretofore, and the right thereof remain in-
violate.

"Summary convictions for petty ofVences against statutes were
always sustained, and tliey were never supposed to l)e in conflict
with the conmion law right to a trial l>y jury.

" Long l»efore the settlement of this state, and down to the time
when our tirst Constitution was adni)ted, vagrants, including
rogues and \ agabonds, were liable to such convictions, and to pun-
ishment imder them.

'• He fore (tlie adoption of our tirst Constitution), we had a
vagrant jict which authorized summary convictions." "In view
of this and other similar acts, the first (Constitution was made,
and it tleclared, not that trials by jury should be in nil cases, but
as theretofore."

"Summary convictions are not 'prohibited by that clause in the
declaration «.f rights which declares tiiat an accu.sed person shall
not be deprived of his life, liberty, or property, unless by the
judgment of his peers, or the law of the land. The law of the
lantl undoubtedly means due process of law ; but a summary con.
victi(»n of vagrancy, or an otlense ' fi>/rm i/rneris,' is a conviction
by due course of law."

\i

1

?';

58

Report of the

[No. 15,

Off. Doc]

State Commissioners of Fisheries.

59

May 22. 188l>.
Fttthlng with set-
nets and certain
other appliances
prohibited.

Bxceptlnit n>d.
hook and line.

Penalty.

AN ACT

Catc-hInK or Melllntt
ft»iMl tlsh for roni-
poHt a nilnde-
nieanor.

Penalty.

DutleH ut' ItMh roni-
raiofiloner and other
oflleerK.

To Brre!«t fiflfendern,

Penalty for Inter-
ferlnK with otll<'«'r
In hlH (llscharv** <>f
hlH diitle!<.

For the protection of lish in the waters of Lake Erie, within the
jurisdiction of the Commonwealth of Pennsylvania.

Section 1. Be it enacted, etc., That from and after the
passage of this act, it shall not be lawful for any person
or persons to place any set-net or set-nets, fish-baskets,
pond-nets, gill-nets, eel-weirs, kiddles, brush or fascine-
nets, fyke-nets, or any other net or nets of whatever de-
scription or nature, or any other peimanently set means
of taking fish or otherwise, in the nature of seines, in
any of the waters of Lake Erie, ^vithin the juiisdiction of
this commonwealth, within two miles from the entrance
of any bay, or within one-half mile from the meuth of
any streams, commonly known as and called creeks, flow-
ing into said lake ; nor shall any person make use of any
device or appliance whatever for the puipose of taking,
catching or killing fish within the above mentioned limits,
or in the creeks flowing into said lake, save only ^^'ith
rod, hook and line. Any person \'iolating the provisions
of this section shall, upon conviction thereof, be liable to
a penalty not exceeding one hundred dollars for each and
every offense.

Section 2. Any person or pei-sons catching or selling
any food-fish, caught in the waters of Lake Erie, within
the jurisdiction of the commonwealth, for the purpose of
making compost or any other fertilizing mixture shall be
guilty of a misdemeanor, and upon conviction thereof
shall be liable to a penalty not exceeding one huntlred
dollars for each and every offense.

Section 3. Any fish commissioner, fish warden, deputy
warden, sheriff, deputy sheriff, constable, policeman or
any special officer of this commonwealth, is hereby au-
thorized to destroy any fish-basket, eel-weir, fyke-net,
pond-net, shore-net, drift-net, dip-net, wing wall or wing
walls, or any illegal devices named in any section of this
act ; and they are hereby authorized to arrest, forthwith,
any person placing, erecting, using or fastening them
contrary to the provisions of this act. Any person or
persons interfering with any of the above officers in the
ilischarge of then- duties, or resisting anest, shall pay a
fine of one hundred dollars or be imprisoned three months
in the comity jail, or shall be subject to both penalties
at the discretion of the magistrate or court before which
he or they shall be convicted.

Section 4. Any fish commissioner, fish warden, deputy

Duty of niaftlHtratf ,

Appeal.

fish warden, sheriff, constable, policeman or special officer Arrest and hearinn
of this commonwealth, is hereby authorized to appre-
hend, arrest and immediately take any person who may
be guilty of the \'iolation of any of the provisions or sec-
tions of this act before any justice of the peace, magis-
trate or other legally constituted authority, and there-
upon make charge of such violation of the law or any of
the provisions thereof ; and the magistrate shall forth-
with hear and determine the charge and render judgment
accordingly, ^vith the right of certiorari or appeal as in
all similar cases of arrest and conviction ; and in case of
any failure of any fish commission, warden or any other
officer named above to prove his case, the county in co«ta.
which it is heard shall pay the costs.

Section 5. One-half of the fines imposed under any
section of this act shall be for the benefit of the prose-
cutor, and the other half shall be paid to the treasurer
of the county in which the prosecution shall be made,
and the said treasurer of the county shall pay over to the
Commissioners of Fisheries of Pennsylvania, all moneys
forfeited and recovered by them by virtue of this act, and
the said commissionei-s shall pay over the same into the
State Treasmy.

Section 6. Nothing in this act shall be so constructed
as to prevent the catching of bait fish other than game f®^*J" p"'"P"''*'' ••'■
fish by means of hand-nets for angling or scientific pur-
poses.

Section 7. All acts or pai-ts of acts inconsistent with Re'peai.
this act are hereby repealed.

Application of flnes
recovered.

Catching fl!<h for

AN ACT

Making an appropriation for the protection and propagation of flsh.

Section 1. Be it enacted, etc., That the sum of twenty Mayas, issy.
thousand dollars, or so much thereof as maybe neces- ^woapproprtat-
sary, is hereby appropriated out of any moneys in the
State Treasury not otherwise appropriated, to be paid
upon the wan-ant or warrants of the State Fishery Com-
missioners or a majority of them, for expenditures dm*-
ing the two fiscal yeai-s next succeeding June first, one Beinn for two yeam
thousand eight hundred and eighty -nine, for the purpose
of hatching and propagating useful food and game fishes
and to stotrk and supply all the streams, lakes and waters
of the commonwealth with the same, by distributing the
impregnated spa^Mi or fry to all parts of the state, and

i

ed.

Payable on war-
rant* of the cttni-
mlsnlonerH.

60

Repokt of the

[No. 15,

¥7.500 aiM>i<'Pi"late<t
for siilarioKi if water
bnilids fur two
years.

I'ayuhlf nil wurraiit
<if the AiiilltnrCen-
iM'al.

ItiMiiizi'd MtatoiiM-iit
of expensoK.

for the (lisscrn illation of any varieties of fish in the watei-s
of the state and to eniph).v the necessary hibor, service,
mateiial and inipleiiK'nts therefor, and to pay tlie neces-
sary and reasonaljh^ expenses of tlie saidFsherv (\)iuniis-
sioners; and that the sum of seven thousand five hundr<Hl
dollars be apinoi)riated for the salaries and exi)enses of
the water bailiffs they may appoint, or may have ap-
pointed: the said sum to cover the sidaries for the two
years aforesaid.

The said a])propiiations to be paid on the warrant of
the Auditor General on a settlement made by him and
the State Treasurer, but no warrant shall l)e drawn on
settlement' made until tlie ofiicers of s;iid commission
shall have made, under oath, to the Auditt)r General, a
report containing- an ittMiiized statement of the expenses
of said commission durin<r the ])revious (piarter ami the
same is apjHoved by him and the State Treasurer, nor
until the treasurer shall have sutficieiit money in the
treasury not otherwise apju'opriated to pay the quarterly
instalment due said C(mimission.

May 25. 1S8».
fi.Mi ii|>|>r(>|iriatc<i
for tlxli-way In tin-
Ih'lawarc at liai'ka-
waxcn.

<'<itiilttliin.

yi..i<M)a|ipr<>|iriatc<)
t«i repair flcliway^t
at roliinihiii.

fiMH) ap|»ri>prlati'(1
for a nt'W liati-liiiiu
houiteat AlUMittiwn

lluw pSI.MlllIt'.

AN ACT

Making an appropriation for the erection and repair of risli-\vay»
in the rivers of tlie coinmonwealth and for an additional hatch-
ing Iiouses.

Section 1. />V If ntmled, tic. That the sum of twenty
five hundred dt»llars be appropriated for the construction
of a fish-way in tlie dam across the Delaware river at
Lackawax«'n from any m<meys in th«' State Treasury not
otherwise ap]»ropriat*'d : ProvkleJ, That a similar amcmut
is appropriat«'d by the New York State Le«rislature for
tlie xmrpose of jointly constructing]: the abov«' fish way.

Se( riox 2. That the sum of twenty-five hundred doUars
be a]ii)ropiiated from any moneys in the State Treasury
not otherwise ai)pro])riated to make repaii-s to the fish
ways in tlu' (him across the Sustpu'hanna river at Colum

bia.

Section 3. That the sum of tw«) tliousand dollars be
appropriated from any moneys in the State Treasury for
the purpose of constructino: an additional hatch int>hous«^
jit the state hatclu-ry at Alhntown.

Provided, That th«' sum herein appropriated to be
paid upon the warrant or warrants oi the State Fishery
Commissioners or a majority of them. The said ap])ro

Off. Do( .] S'lATK Co .m .miss ion hi js of Fishkmies. 61

pi-iations to be paid <m the waiTant of the Auditor Gen- i-ayat.i.. ..n wuna„t

eral (m a setth-ment made by him and the State Treas "..'JhV.'" '"""""'''"-

urer, but no wanant shall be drawn on settlement until

the said commissioners shall have made, under oath, to

the Auditor General a report containino- an itemized iteoiiiwi statemem

statement of the expenses of said commission durinj? tlie ""***'"""'*"•

previous quarter, and the same is apiuovtnl by him and

tlie State Treasurer, nor until the Treasurer shall have

sufficient money in the treasury not otherwise appro

priated to pay the «iuaiterly instalment due said com

mission* 'IS.

FISHING IN THE DELAAVAKE HIVEli.

In the case of Corfidd r. Coryell, 4 Wash. C. V. 371 -
377, it was contended, that by the common law, no private
ri^rht of fishery exists in a naWo-able stream, the waters
of which are ctjmmon to all, and that the Let,nslature
could not ])revent the exercise of that common ri«?ht.
That the lio-lit to the jurisdiction of the Delaware re-
mained in the erown a])peai-s from the charter of the two
provinces, tiiat of New Jei-sey in 1663, and of Peiinsyl
vania in 1(J81. That of Charles II. tt) the Duke of York,
of the country of which New Jersey forms a ]>art, with
all the river, fisheries and other royalti<'s thereto bcloijir
iu^, (h'clares that ]m>vince to have on the west the Dela-
ware bay and river : ami in the charter of Pennsylvania
it is boumh'd on the east by the said rivi-r. The charters
containing- no part of either the bay or river, the
title tla^K'of remaiii(>«l in the crown until extiniruished
by the treaty t)f ]»eace. which c»>nferred the ri«»-lit of the
<Towii to the States in their soverei<:n ca|)acity, not to
the i»roprietaries. It was iu'wly ac<piired territory not
included in i)rior j-rants. to the boumlaries t»f which the
«jrantees must be confined. The two States having'- in
17K3 ac(|uire.l tin- tenitory. they matle it in 1784. 2 vol.
77, the subject of a conqtact which declaretl the river
from Station Point or nortli corner of New Jersey north
erly to the jilace <ui said river where tlu' circular boundary
of the Stat*' of Delaware touclu'tl the same, a reserved
hi«rhway, each State reservinn^ the v\<^]\t to re^rulate the
fisheries (m their shores, and to enjoy a concuireiit juris
diction on the water and not on the land between tli«»

62

Report of the

[No. 15,

Act <il" New .lerxey,
Nov. •.»<!. IHUH. Pool
or ttwhlnK plnoi>.

.Nov. '-f.. ISOW.
WelrH. riu-ks. otv
unlawful.

Nov

IWS.

Wliitt iliini!* unlaw
fill.

shores of the river, but so that all vessels riding at anchor
where she had last laded or unladed, or where it is in-
tended she shall lade or unla^le, shall be considered ex-
clusively within the jurisdiction of such State; and every
vessel fastened to, or on the shore of either State, shall
be considered exclusively within the jurisdiction of such
State; all offenses, trespass or damages, committed on
said i-iver, .the judicial investigation thereof shall be ex-
clusively vested in the State where tlie pei-son charged
with such offense shall be fii-st apprehended, aiTested or

]irosecuted.

In pm-suance of this compact the Legislatures of the 4
States of Pennsylvania and New Jei-sey have from time
to time regulated the fishing in the Delaware river by
the passage of similar laws by both Legislatures. Such
of these laws as are now in force by this mutual adoption
ai*e (juoted below.

Section 3. That from the place or places where seines
or nets are usually tlirown in, to the place or places
where they have been usually taken out, or from the
place or places where they may hereafter be thrown into
the waiter, to the place or places where they may be taken
out, shall be deemed and held to be a pool or fishing
place, within the meaning of this act.

Section 5. That if any person or pei-sons whosoever,
shall erect, build, set up, repair or maintain, or shall be
aiding, assisting or abetting in erecting, building, setting,
repairing or maintaining any weir, rack, basket, fishing
dam or pound, or shall make use of any swab or bush-
net, or shall fix, fasten, set, or otherwise make use of any
gilling-seine or drift-net, anchor any engine or make use
of any device whatsoever, except fishing with sweeping
seine, hot)ks and lines, darts, scoop-nets and eel-baskets,
for taking fish in the river Delaware, within the limits
aforesjiid, every jierson or persons so offending, and
l)eing legally convicted thereof by the oath or aflinnation
of one or more credible witness, or by his or then- o\yn
confession, before any court haAang competent jurisdic-
tion where such offender may be apprehended, shall for-
feit and pay the sum of one hundred dollai-s, together
with costs of suit, to l>e recovered and applied as afore-
said.

Section 6. Tliat if any person or persons whosoever,
shall erect, build, set up, repair or maintain, or shall be
aiding or assisting in erecting, building, st'tting up, re-

Off. Doc]

State Commissioners of Fisheries.

63

Nov. 2fi. 1808.
CoUectorK' duty.

pairing or maintaining any wing-dam, or placing any
other obstiTiction injurious to the navigation of said river
as aforesaid, except such mill dams as have been or here-
after may be put up in piu^uance of any special act of
the Legislature, and being thereof legally convicted
before the court of quarter sessions of the county where
the offence has been committed, shall forfeit and pay the
sum of one himdred dollai-s, to be paid to and applied
for the use aforesaid: Provided ahvays. That wherever
the land of any pei-son along the said river, is situated so
low as to make it difticult to keep a fence, in such case
they shall be allowed the pririlege of making a wall or
rack sufficient to answer the purpose of preventing cattle
from going round, with making and providing a sufticient
passage near the shore, at least eleven feet wide, sufli-
ciently deep for boats to pass through, until the water
is so low as to go conveniently round the said wall.

Section 8. That the collector of each respective county
adjoining the river Delaware, within the limits aforesaid
shall every year, before they settle their a^^counts, inquire
of the justices of the peace of the sevend t()\N'nships
adjoining the river Delaware, within their county, to
know whether they have any mony in their hands arising
from such forfeitures as aforesjiid; which money, if any
there should be, they are hereby authorized to receive,
and giving the magistrate a receipt and their respective
counties credit for the same; and if either of the col-
lectors, from his or their own knowledge or the infonna
tiou of any other person, shall have knowledge of any
transgressions against this act, which either of the afore-
said constables have either neglected or refused to prose-
cute tigreeably to the directions of this act, he or they
an» hereby strictly enjoined and required, imder the
penalty of twenty -five dollars, immediately to give infor-
mation to one of the justices of the peace of the respective
townsliip, borough or district, which nauX justice is hereby
enjoined and recjuired forthwith to proceed against any
such delinquent agreeal)ly to the directions of this act.

Seciion 10. That if any pei-son or jiei-sons whosoever, NovemN-r »;. ihos.
shall cast or lay out, or cause to be laid out, any seine or ^''•'*''' "^ ""'"•"'«''-
net into the river Delaware, within the jurisdiction of this
State, beyond the right angle of the shore, and where his
lint* strikes the river at low water mark going out, or suf-
fer it to swing beyond the tight angle of the shore of the
river, and wlicre his lino strikes it at low water mark a

64

Rnrturr of the

[N.». 15,

Off. Doc]

State Commissioners of Fisheries.

65

Xi>viMiiblT2»!, 1K0W.
N<i vesst'l (ir raftc
to uiiclxir on tixliinu
iiroiinilM.

A«it of New Ji*ix<'y.
Xov«'iiil><'r',N. Iv.'i.
Tiiiii' for llsliiiit;.

Xovt'iiiIxT ■>. |y.'".'.
|*o«<><'>>or of il>li-
t»ry to fni-nisli
county clerk witli :i
ilcM^riptii'ii in wi it-
inif. ctt'.

('oming" ill (exoejit by unavoidable accident), every ]ierson
or persons so offending-, and being tliereof legally con
victed, shall forfeit and pay the snm of twenty-tive dollars,
for each and every such offense, with costs and damage,
to be i^aid to the person against whose land such tresjjass
shall be committed, if he shall sue for the same within
six mtmths after such trespass has been committed.

Section 11. That if any ship, vessel or raft, sliall. dur
ing the season of catching shad in the Delaware, ccmie to
anchor at the same, on any fishing ground wlicrt* shad
are usually taken, and shall not immediately be removed
from the said fishing ground, if such removal can bedonc
with safety, on application for that ]impose by the owner
or occupier of such fishery, to the captain, pilot, or ]ier
son ha\'ing the command of the said sliip. vessel or raft :
or if any ship, vessel or raft b(^ wilfully run on shor«' on
any such fishing gi'ound. then such captain, pilot, or per
son having the command as aforesaid, shall foi-feit and
pay sixty doUai-s, to V>«' recovered by action of debt, with
costs, by the said own<'r or occU])ier (a).

Section 1. Tliat from and after the passage of this act.
if any i)erson or persons, whomsoever,. shall cast, draw, or
in any wise make use of any seine or net in the river Del
aware, within the jurisdiction of this Stat«', from sunset
on Saturday until sunrise on Montlay of <«ach and every
\ve(»k, he, she, or they so offending shall foiieit and i)ay
the sum of two hundred and fifty dollars, together with
costs of suit, for «'ach and ev«'rv offense.

Section 4. That the owner or i)osst>ss(n- of every fishery
ui)on the river Dclawar*', within th»' jurisdiction of tliis
State, his tenant or agent, sliall. before he occupies the
same as a fislK'ry, give to the cleik of the court of com
mon pleas of the county wher«'in such fishery, or the
gr«'atest part thereof, maybe, a des«ription, in writing, of
his, or their i»(m»1 or fishing phu-e. designating the beghi
niiig and ending point, and tla- extent thereof on the
iiv<'r sh(»re, together with the name of the township and
county in which it is situated, and the number of men
generally emplov«'d in fishing the same, and shall also
enter into bond, with one ta* more sufficient sureties, to
the clerk of the said county, and his successors in office,
in the penal sum of five hundred dollars, conditioned foi-
the payment of all fines and i)enalties created or given by

(a) Adopted by Pennsylvania, aft Fel)riiary i"J, 1809. Vol. ♦>.
Laws 1809 and 1812, p. 5.

this act, or the act or acts to which this is a supplement,
. that shall and may be incuiTed and recovered for any in-
fraction of, or offense against the said act or acts, com-
mitted at such fishery, by his, her, or their command or
permission, dming his, her, or their occupying the said
fishery, personally or by tenant ; which said description
and bond, it shall be the duty of said clerk to file in his
office, and give a certificate thereof to the person produc-
ing the same, on being paid fifty cents ; which said bond
shall be a security for all such penalties as may be re-
covered against the said owner or possessor, tenant or
agent, dm-ing the time he, she, or they may occupy th(*
same ; and in case of a recovery against such owner or
possessor, tenant or agent, for any penalty given by the
said acts or acts, and the non-payment thereof, it shall be
the duty of the said clerk to cause the said bond to b»^
prosecuted to judgment, and apply the proceeds thertiof
to the payment or discharge of the said recovery ; and ii
any person or persons shall fish in any fishery so entered
as aforesaid, or draw, cast, or otherwise; make use of any
seine or net within the same, or in the said river, opposite
the river shore, included within tin; boimds thereof, with-
out permission, in >n*iting, from him, her, or them so
owning, possessing, and entering the same, first had and ob-
tained, he or they so offending shall forfeit and pay the sum
of two humli-ed and fifty dollai-s, together with the costs
of suit, for each and every offense, to l>e sued for and re-
covered by the pei-son or pei-sons so owning, possessing,
and entering the said fisheiy, in any court of competent
jurisdiction.

Sections. That if any person or pei*sons shall cast, xovombw 29. im.
draw, fish witli, or otherwise make use of any seine or net
in the river Delaware, within th<'juris«lictit)n of this State,
and within the limits of the concuirent jurisdiction of this
State and the State of Pennsylvania, between tin* fii-st
day of April an«l the tenth day of July, in em-li and every
year, without having first entered his, her or their fishery
as aforesaid, or at any jdace in tin; said river Delaware,
within the jurisdiction of this State, than at, in or oppo-
site the shore bt)undaries of a pool or fishing phu^e, de
scribed and enttn-ed in the manner prescrilM;d in the pro-
ceding section, Ik; or they so offending shall forfeit and
pay the sum of two hundred and fifty dollars, together
with the costs of suit, for each and every such offence.

Section 6. That it shall and may l>e lawful for any
oil Fish.

i'Hoalty.

i»

66

Report of the

[No. 15,

November 28. 1822. owncr or ownei"s, possessor or possessors, of any shore
tuu-iein/."*'^*' ' on tbe river Delaware, within the jui-isdiction of this
State, Ixilow the Trenton bridge, having entered the same
as a fishery and given bond in the manner prescril)ed by
tlie fourth section of tliis act, to fish the same in fi'ont
and opposite the bounds thereof, with a sweeping or shore
seine or net, or a gilling-seine or drift-net: Provided
always. That if he, she or they use a gilling or drift-net,
the mesh thereof shall not be larger than six inches and
a half, and the said net shall not be more than sixty
fathoms in length, and the boat or boats used at such
gilling-seine or drift-net fishery shall have the name or
names, and place or places of abode, of the pei-son own-
ing or entering the Siiid fishery, painted in large legible
capital letters on the gunwale thereof.
.\..v.Mni.or28, 1822. Seotion 7. That if any person or persons shall be found
wll.'ntnd what kind making use of a gilling-seine or (hift-net in the river
u.ay bo u.eri Delaware, within the juriscUction of this State, and within

the limits of the concurrent jurisdiction of this State and
the State of Pennsylvania, without having first entered
his gilling seine or (U-ift-net fishery, and given bond, at*
aforesfiid, or beyond the angles of the shore boundaries
of the said fishery so entered, or with a mesh larger than
six inches and a half, or with a net longer than sixty
fathoms, between the first day of Man-h and the tenth
day of July of each and every year, he, she or they so
offending, shall fortVit and pay the sum of two hundred
and fifty dollars, together with th»' C4)sts of suit, for each
and every such offense.

Section 8. That the township committee of each town-
ship adjoining the sjiid river Delaware, within the juris-
diction of this State, may, (»very year, at their first meeting
after their election, appoint (me i-onstable of their re
spective township, whose duty it shall be, having taken
an oath or afiirmatiou before a justice of the i)eace of the
township in which he resides, that he will, without fear,
favor or affection to any, eiuleavor to execute this act.
jind the ait or acts to which this is a supplement, accord
ing to tin* true intent and meaning thereof, carefully and
diligently to view and ins])ect the shores of said river and
the fisheries thereon, in his township, once a we<'k, at
least, between the first day of April and the tc^ith tlay of
July, in each and every year, to put this act in force and
to cause all oftenses i»r transgn^ssions against the same,
or the act or acts to which this is a supplem(nit, to be

N.iv('mber28. 1822.
Uuly of oo.i!'tal>leif

Off. Doc]

State Commissioners of Fisheries.

67

jirosecuted agi-eeal)ly to the directions thereof, for which
sei-vice he shall ])e entitled to receive the sum of seventy-
five cents per day, to be paid by the collector of the county
in which he acts, on proA-ing, by his own oath or afiirma-
ti(m befoi-e some justice of the peace of the township, the
number of diiys engaged in the said service.

Section 9. That if any constable of any township in N.Tombrriv. h-
this State, adjoining the river Delaware, shall neglect or '"'""'"
refu'se to do and perform the duty enjoined upon liim by
this act, or the act or acts to which this is a supplement,
or to cany the same into effect against any ofi'enders
within his o\\ii ^-iew or knowledge, or upon tiie informa-
tion of any credible witness, he shall forfeit and pay, for
every such neglect, the sum of one Innuked dollars,
together with the costs of suit.

Section 10. That if any person or pei-sons sliall, by x..vombor2s. i-
threat, menace or otherwise, attempt to deter or prevent l-uS^' '"'"
any constable, collector or any other jxMson from enforc-
ing or earning into efiect this act, or the act or acts to
which this is a supplement, or any part thereof, he or
tliey so offending shall forfeit and pay the sum of one
hundred dollars, \vith costs of suit, for each and every
such offense.

Section 11. That it shall ]»e the (hity of the collectors
of the sevei-al townsliii)s adjoining the river Delaware,
within this State, to prosecute for any fines and penalties
incun-ed within the limits of their respective townships,
under this act, or the act to which this is a supplement,
which come to their knowledge by their own view or the
information of one or more cretUble witnesses.

Section 12. That in all and every action or .suit for any
fine or penalty given ov created by this act, or the act to
which this is a supplement, the person prosecuting shall
or may sue by warrant or summons, in cji.se the same is
commenced in the court for the trial of small cau.ses, and
by capias ad resiumdruilmn or summons, in case the action
is commenced in any other court, any law, usjige or cus-
tom to the contrarv notwithstandinsr.

Section 13. That if any person or jiersons shall be
found making use of any boat, seine, net or other tackling
in the river Delaware, within the jurisdiction (jf this Stat?,
contrary to the tnie intent and nu^aning of tli<^ act, or
the act or acts to which this is a supphnient, he or tliey
so otFending shall, in aihlition to the fine and penalties
aforesaid, forfeit the boat or boats, seine or seines, net or

Ncvotril'or 28. ]-2'i
Duly (if t.(*li<H'ti.ir»

Niivoiabcr ■,'■< i-^J-.
Siii.

Pfiial i -.H.

G8

Report of the

[No. 15,

Off. Doc.]

State Commissioners of Fisheries.

November 28. IH22.
I'i'iiiilty l\>r ri-'.HUi.-
liiK-

NoveiiilHT'^i. IS22.
I'oniillk'.x, hi'vv-
ree«<vere«i.

Act iif New Jersey,
Time i)f tlHiiliiif.

Feb. l.i. !«:«.
KIwbliiK witb (Irtrt-

IH'tS.

nets, or other tacklino^ so made use of ; and that it shall
be the duty t)f all the sheriffs and constables, and may be
lawful for any person or persons to sieze and secure any
such boat, seine, net or other tac^klinff as aforesaid, and
immediately thereafter give information to two justices
of the peace of the county where such seizure shall have
been made, wlu) avo. hereby required and emi>owered to
meet at such time and place as they shall ai)p()int for the
trial thereof, and hear and determine the same in a sum-
mary manner : and, in case the same shall be condemned,
it shall be sold by the order, and mider the direction of,
the said justices, who, after deduc^ting- all Iv^nl costs and
(charges, shall ])ay one-half of the proceeds of said sale to
the collector of the county in which sucli offense shall
have been committed, and the other half to the person
who shall have seized and prosecuted the same.

Si-x^TloN 14. That if any pei-sou or persons on board any
such boat, or in jjossession of such seine, net or tju'kliup:,
shall resist any otticer or another person or persons in
tlu^ lawful seizure of the same, then eveiy person so
offendinf^ shall forfeit and pay the sum of one hundred
dollars, tojsrether witli the costs of suit, for (\'ich offense.

SEcrnoN 15. That all and each of the penalties created,
s-iven. or contained in this act, or the act to which this is
a supplement, or the other supplementary acts thereto,
except such as are griven to the party ap-j^rieved, shall be
sued for and recovered by action of debt, with costs of
suit, in any court of competent jurisdiction, by any per-
son or persons who will sue for the same, one-half to the?
prosecutor or prosecutors, and the other half to the col-
hn^tor of the county, for the use of the county in which
such offense shall be committed ((*).

Section 1. Tliat from and after the passinjr of this act
if any iierson or persons whosoever, shall cast or lay out
any seine or net in the river Delaware, within the con-
current jurisdiction of this State and State of Pennsylva-
nia., from sunset on Saturday until twelve o'clock on Sun-
day nip:ht, of each and every week, he, she, or they so
offending- shall forfeit and pay the sum of one hundred
dollars, together with costs of suit, for each and every
offence.

Section 3. That if any person or persons shall, at any
time hereafter, unlawfully make use of any gilling-seine

(a) Adopted l»y Pennsylvania by act of Jammry 29, 1823, Vol. 8,
LawH 182:1 and 1825, p. 14.

K«'b. IV 183.3.
IVrialty.

or drift-net in the river Delaware, within the concurrent
jurisdiction of this State and the State of Pennsylvania,
below^ the 'trenton bridge, without having first entered
his gilliug-seine or drift-net fisheries, as required by this
act, or the act or acts to which this is a supplement, or
beyond the right angles of the shore boundaries of the
said fishery so entered, or with mesh larger than six
inches and a half, or with a net longer than sixty fathoms,
between the first day of March and the tenth day of July,
of each and every year, every person so offending shall
be guilty of a misdemeanor, and on conviction thereof,
shall be punished by fine, not exceeding one hundred
dollars, or by imprisonment in the county jail, not ex-
ceeding three months, or both, at the discretion of the
court before which such offender or offenders shall be
convicted.

Section 4. That if any person or persons shall imlaw-
fully cast, diaw, drift, anchor, stake, or otherwise make
use of any gilling-seine or drift-net, for the purpose of
catching fish, in the river Delaware, within the concur-
rent jurisdiction of this State and the State of Pennsyl-
vaniii, l)etween the first day of March and the tenth day
of July, in each and every year, every person so offend-
ing shall be guilty of a misdemeanor, and, on conviction
thereof, shall be punishc^d by fine not exceeding one
hundred dollars, or by imprisonment in the county jail
not exceeding six months, or both, at the discretion of
the court beff)re which such oft'ender or offenders shall
\te convicted: Provided, That this act sliall not subject to
convictiim and punishment any person or persons who
have been subjected to a prosecution for a penalty, as
provided for in the seventh and eighth sections of the
act to which this is a supplement.

Section 5. That all the ai-ts and jinrts of acts which kh. is. ik«.
come within tlie purview of this act, and are contrary to ».ts.
the provisions of this act, be and the same are hereby
repealed: Pmrldcd, That the said repeal shall in no
wise affe(^t any rights accpiired umler the act or acts so
re]>eah'd, nor invalidate nor make void any pnx^eedings
leg.-dly had or done or commenced und«'r the same: but
the sjime shall be prosecuttMl to judgment and execution,
as though the said ju*t or acts wi're not repealed; ^iiid
provided «ds(t. That no section, proviso or part of thisiict
shall be considered as valid or operativ<» until tlie Legis-
lature of Pennsylvania shall approve of the same, by

'I

ro

Report of the

[No. 13,

Off. Doc,]

State Commissioners of Fisheries.

71

Act of New Jersev.
Murrh22. 1«4.').
NuiiilKM- of n«'ts to
|i«' iist'tl within cer-
tain limits.

cnsicting' a similar soctioii, proviso or act, in whole or in
part, and that from and after the passin": of such law,
such parts hereof as shall be so enacted and approved
shall immediately ^o into full force and effect (a).

Section 1. If any person or persons whomsoever shall
east, draw or otherwise use, for the pnrpos(» of catchin<2:
tish, more than cme seine or net in any pool or tishino-
place in the river Delaware, within the jiu'isdiction of
this State, at any place opposite to or ahove the lower
mouth of llam^ocus creek, in the county of Burlington,
in the State of New Jei-sey, and more than two seines or
nets in any one pool or fishin*; phu'e from thence as far
dowi^ as the concuiTent jurisdiction of this State and the
State of Peensylvania extends, within any one term of
twenty-foiu* hours, bep-inning" at sunrise, and endin*?- at
sunrise the daj' foUowinpr, or shall be aidinji: or assistin*^
therein, contrary to the true intent and meanin*? of this
act or the act entitled "An act further supplemeaitary to
an act entitled 'An act to refrulate fisheries in tlu' river
Delaware, and for other purjioses,'" jjasstnl the twenty-
eifrhth day of November, A. D, e'chtecn huntbvd and
twenty-two, he, she, or they so otl'endiu^'- shall forfeit and
l^ay the sum of two huntb'ed juid fifty dollars, tojjfether
with costs of suit, for each and ever}' such offense: Pro-
ridt'il ahntffs. That it shall and may be lawful fo.- any
]>erson or persons who, by ju'cideut or otherwise, may be
d<'privetl of the seine or net first used in the ]>ool or tish-
iug- jdace, in any term of twenty-four lumrs, to withtlraw
th«' same and substitute another seine or net in the place
of the one so withdrawn {(»).
Aft.if x»-w.i<Tv.>. Section 1. No person, bein**" an inhabitant of tliis
Ki'siiiiitj Willi Viiiint' State, or of the State of Pennsylvania, shall be subjected

HeineHnrcliitt-iH'tn. . •! 1 1 1 (• Ml 1

to the panis antl ])enalties prescrib;»d by law tor ille«»"al
tishin»r in the river Dehiware, with a g-illinjr seine, or drift
net, unh'ss he shall so tish in some p(X)l «>r tishiufi: ]>lace
enteretl as such according to law: Proviiivtf, That any
person so fishing, exc^'jit as to the entering of the
place tished by him as his rishery, shall, in all other re-
sptnrts, conform to the laws regulating fisheries in said
river: .iml pnn'iih'il fnrthtf. That nothing in this act
shall b«' constnied to impair the right of the owner of

('») Enacted by Pennsylvania by act of April 3, 1837, P. li.
J8:ifi-;i7, p. ms.

(h) Atloptod by Pennsylvania by act of Manlt li>, 1810, P. li.
1S^<^, I'. 14 J.

any shore upon said river to the exclusive enjoyment of
his fishery annexed thereto, upon entering the same sis a
fishery, as aforesaid.

Section 2. That so much of any law as limits the March 12. isss.
length of gilling seines or drift nets used in said river to
sixty fathoms shall be and the same is hereby re-
pealed («).

Section 1. That if any person or pe^rsons shall cast, Act ..f New jersev,

h,l . 1 - . , c Ke»>- 21!. I«58.

•aw, or otiierwise make use 01 any seine or net 01 a Ki/.e of me.-h df

larger mesh than three inches, for the purpose of catch-
ing tish in the river Delaware, within the jurisdiction of
this State, below the head of Trenton Falls, between the
tenth day of June and the tenth day of July, in any year,
or above the head of Trenton Falls, of any seine or net of
a larger mesh than two inches, between the fifteenth day
of June and the tenth day of July, in any year, he, she,
or they so oftiending, shall foi-f<*it and pay the sum of one
hundred dollars, together with costs of suit, for each and
every offense.

Section 2. It shall not be lawful for any person or per-
sons for the pm-jiose of catching fish in the river Dela-
ware, within the jurisdiction of this State, to anchor,
stake down, or otherwise fasten any drift-net or gilling-
seine in or across said river; and that, if any person or
l)ersons shall so anchor, stake down, or otherwise fasten
any tUift-net or gilling-seine in or across said river,
within the jurisdittion of this State, for the purpose of
<*atching fish, he, she or they so offending, shall be guilty
of a misdemeanor, and on conviction thereof shall bo
punished by fine and not exceeding one himdred dollars,
or by imprisonment in the comity jail not excecnling
tiiree mouths, or both, at the discretion of the couft before
which such ofieiider or offenders shall be convicted: and
ev«'ry such net or seine so anchored, staked down, or
otherwise fastened in or across said river, shall be deemed
and consitlered a public nuisance, and liable to be abated
or removed by any person or persons who may deem
it proper to abate or remove the same (6).

(11) Adopted by Pennsylvania by act of April 15, 1852, P. L. p.
!»; >3.

(h) Adopted by Ponnsyh jitiia by act of April 2, 1858, P. L. 1858,
p. 200.

K«ii. 2»;. IS.'ii».
Drift-iiet!< or filling
Hi'liios iK>l til be
u(«e<t.

Report of the

[No. 15,

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State Commissioners of Fisheries.

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Spate Commissioners of Fisheries.

75

TABLE (^F ACTS OF ASSEMBLY DECLAKING STREAMS,

ETC., PUBLIC HIGinVAYS.

The Gnicial Asst^mbly of Pennsylvania has, since its oi'franization and
piyn- to tlie adoption of the Constitution of 1874, passed nuni«>ious acts
dechirin^- certain rivers, creeks and streams, or jjarts thereof, public
streams or highways, for the purpose of na^-igution. Owin*? to tlit^
imperfect condition of the indices to the volumes of the Pamphlet Ljiws,
some of the acts relatiu*;- to this subject m.'iy have been inadvertently
omitted; but fi'om a careful examination, the following list has been
compiled and tjd)ulated:

Datk of thk Act.

t7!H. Maroli
No. VI. p.

;-<K. March
No. X, p.

'.M. Rec'd I^aw Book

•,M.V

4. IliM-'fl Law Book
Hi. »V I.. 4-^

li:ii. Aprils, v. I., w*;.

RIVEK tJR STKKA.M IIKCLAUKO .\ PrBI.IC HlOIIWAY.

i>

March
1. 1'. 1..

l«l«.

Law B.

•ok

xn

18.-I4.

May .V

r.

I, ,V4(.

i (<•►,•.

April 1

11

I,. 117.

is: I. May 4. I'.

Tm:!.

i:ri. March '.». Reo'd A Vol. V
p. 4UI.

A.

AlleKhony rivor. from tliH luoiitli thereof to the tH>iin(tBrr "f tho
State,
so much of. ill tlio coiintic.x of I'oitor iiiul McK(>an, us Hon Motitli-
wanlly of Uic nortli line of the State.

Anils croek. In the townihlo of Tiiylor, In the cciintv of Ccntr*'. frotn
Mount I'ipiisriiil. on the Tyrone and ricarrtclil niilroad. to fhe »a»v
luill of .loliii Copenliaver. in said township, for the pasMaKU uf Iuks.

Analoniink river See Broadhead's creek.*

Andersons creek. See Little Andersons creek.

tin the county of Cleartleld. from the mouth thereof ten miles up
the same.

Andrew's run. in Pitt.stleld township. Warren county.

Auchwick creek. In the counties of IluntliiK<lon and Bedford, from
the mouth thereid to John Wlldesmlll.

B.

Babh's creek. See Pine creek, second fork of, in the county of TIoka
(nets 4 April. l(<44 and T February. Isiah.

Ballys run. In Wharton townslilp. Potter county, from Its mouth, at
the SinneinahoiiinK. to the county line, a distance of al>eiit ten
miles.

Bald Ka»;le stream, as far up an Spring creek.

W|.. March 4 UecM Law Book Bald Kairle cn-ek. In Centre county, all that part of situate and lyhiif

" ' between MlleslnirK and .lo>eph Williams' land, a distance of

about eitfht niiles.
; from .loseph Williams' saw-mill to the mouth of Laurel run.

No. X. p. 44:i. P. L. n.
1*.»2. April I. P. L. IIT.
sjiO. March :C>. P. L. 280.

!<*), March ri. P. L. 281.
!*>♦«. April II P, L 4IH.

iN'nt. March •>:». IV L. 281.
1114. A»rli:M). P. L. rm.

Bear creek, in the county of Kik. from its Junction with the Clarion
river, for one mile up .said crei'k.

Beaver creek. In the county of Cambria, from the mouth to Killhiick
creek.

Beavi-r I>ani branch of Mo<i|iaiiiioii cn-ek. in l>ecatur township.
Ciearfleld county, from its inoiitb to where foal run empties into
said Beaver Dam branch. See Beaver Dam run,

Beaver Dam crei>k. in the county of Cambrln. friMn the luoulli to tlio
idace where the township iMad ci^»ss<»s It.

Beaver Dam run. In the county of Cleartleld.

* The act of t .Vitril. Is.n*. n«c'd in Law Bo >k No. XXI. p. .M.l. provides for the erection of a b;i Ijcj over
"An.'iloiiiink rlv.T. also c,i1l(>i| Broadhead's creek, at or near Strouilsl>uri{. "

* The act of.'T .Vfan-h. Isl'.t. repeals the act -parsed the lith dav of .March, HM, dedarinkt .\nderson'9
crei'k. In Clearrteld e )unty. a public hlgUway , " There uppuarii to bu no act of l.ttU March. l»ll.

76

Eepobt of the
Table Continued.

[No. 15,

Date or thk act.

RIVEK OR STKEAM nECI.AUKI) A PPBLIC HIGHWAY.

JWU. March 17. I* h. M.

lAW. Aiiril 14. V. \.. 419.

Benver Dnm run. one of the upper trlbutflrles of the Moshnnnon
«reek. in the county of Cieartleld. from Its numth to the soureei.
thereof.

Beuvorrun. in neeattir town.xhip, Ch'.'irtleld county, from Ha mouth
t«» the mill now owned by John Cuttle.

J825» Mtin-h 7. Keod I>nw Book j Beaver run. In Lyeomln« c»»unty. from the mouth thereof up to the
No. XXI. p. 47». I*, h •«.

ISt.i. Miinh 4. lU'ed I. aw Book
No. XV. p. !?.». I', li. <■..-..

1S45. April 1«. IV h. 47.'i.
I«ti0. Aprils. P. li. «1".

IKlSi, Miirch 2a. Rer'rt Law Book
No. XVII. p. llti. 1'. K. 2ii4.

copper works.

Beech creek. In the county of centre, from ltt« mouth up to Eddy
Lick.

Beech <TOck. fn>ni .lacoii (Jrat/V saw-niill. near wheiv the turnpike
road from Bellefonte to Karthaus crosses the same, to Its nuiutli.

Bell's run. In Ceres township. McKean county, from the mouth
thereof fix miles up said stream.

Bennett's liranch of Sinnamnhoninir. in the county of Cieartleld, from
the mouth thereof up to the Beaver dams, so called.

IT'.)" April :*. Heed Law B<M»k ' Big or Poc. Poc. creek, in Northampton county, from the mouth to

No IV P .ilT. the falls thereof . . ^.. , ., . , ...

ir»i. Man 11 t;. Rocd Law Book fn.m the falls thereof. Inclusive, up to .Ian hherbantje s mill

No. V. p. .V). i dam.

ITJfc* Mar.hM. Reed Law Book ! BlK Beaver creek, from the mouth Ui the tlrst fork. In the Seventh
No. VI. p. •,'4.'i. district of Utmatlon land.

I8'7. March 2. Heed Law Book ' Blu Brokenstraw creek, from the sec«ind f<.rks of s«id creek. Ill War-
No. Xx! p. :.ll! P. L. 57. rcn c.iunty. to the New York Stati' line, a distance of about tlfteen

■ miles.

1S2». March :W. Re.d Law B.x.k Bid Bnshklll < reck. In the c<.unty of Pike, from the mouth of said
No. XXL p. .MO. P. L. lew. j creek to the falls, near the tifteen-mlle pond.

I8i:i March?.). H«*cd Law Book BlB Cntm..<|nenesslnK creek, froni the town of Butler, In the couiity of
No. \MV p. 71. P. L. iMi. I Butler, t.. its o.ntlueme with Hi« Beaver creek. In the county of

Beaver.

IHI,'., March 4. He.-d Law B^n.k BIk Cnttawiss:, ,reek. In th<' cunty of Lu/.erne froin its <-ot.tlneii.M.
' - with Little Cattawlssacivek. up to Andrew tJlibert s saw-mill

BlK KMuinnnk creek, in tiie cmiitv i.f Wayne, from Alexander Lant-
hlns mill. t.. the mouth ..f said creek, where it .'mpties Into the
IViaware ri>cr. for tlie passlntt of hijfs, lumlier and rafts.

1^0^. April :i. Heed Law Book , BiK KisbitiK cnn'k. In the county of Northumberland from the iiumth
No. X. p. IH. P. L. 474. ! of Little Klshlnu creek, up to .l..natlian t..lly s mill.

No. XV. p. 12». P. L. «:»
!S4ti. February IN. P. L. 4

|h:10. .January 'iW. P. L. ;iO.

I.^-Os. Mar<h',»l. Reed Law B<H»k
No. XL p. an. P. L. 'Si.

|h:;.V April l:f. P. L. 2Vi.

\M9. April 10. P. L. «2».
JSC4I. March 7. PL. ilfi.
IH,S&, March 27. P. L. l:».

IM«;. March 2''>. Reed Law BtMik

No. XII 1. p. :<iv;.

1*11, April 2. p. L. :17L
18:«, March ;tO. P. L. 109.

im.l, March 2fi. Rec'd I-aw Book
No. XIII. p .Vt7. P. L. IW>.

Jh2H, April 14. Uec'd Law Book
No. XXi, p. 407.

BIk Hickory creek, from its mouth to the Warren county line.

Bla Mtih..iiinir «reck. from its confluimce with the Allegheny river,
in Arinstroiii: county, up said creeji to the imnith of Canoe creek.

in ln<ii;inii cmnly , . .i » .i...

In .Icffcrson county, from the month of Camw cn-ek to the forks
of Stump i-reck. In said county.

Bid Mill creek, in the county of KIk. frtmi Its mouth to a point two
miles up said <'reek.

Bit: Mill <reck. fn.m the saw-mill of Thomas Hall, on said ereek. In
the cunty of JefTerw.n. U» the mouth of said erw'k. In ( larion
ciMinty.

Blerun. fn>m the residence of William Bests. In Voumk township,
.letTer«M.n.-..unty. t<. the m.mth of the same, where It empties into
the BIk Mahoning creek.

Bii{>«Mndv creek, from Its continence with the Allegheny river n|t to
where the State road, leading from the U.wn of Mercer U> Mead-
I vllle, crosses the same.

BiK Schuylkill. See Schuylkill.

Bid "^uitar creek, in Venantto couiitv. from the mouth ihercuf. and
up the said stream, as far as the mouth of Proper s run.
from ti.M.dwins mill, in Venango «-«mnty, to Pro|K'r s forks, In
Crawford county.

Birds creek. Hee I^oyalsock creek and Its tributaries.

BiBcklIck ( Black Li'-k I creek. In the county of In.llana. from Charles
Camitbclls mill to its mouth ... , ™ ■ • i,

from Charles Campbells mill dam up to the mouth of Twn i.i< K
creek, thence up said Two Lick creek as far as the mill now occu-
pied by Alexander T. Moorehead, on said creek.

Off. Doc]

State Commissioners of Fishekies.
Table Continued.

77

Date ok thk act.

W20, March 7. Heed Law Book
No. XXI, p. 479. P. L. »K).

la5l, April 12. P. L. 479.

I«l», April 10. P. L. 629.

181.S, March 2ti. Rec'd Jmw Book i
No. XIV, p. 1, P. L. IKtl.

181,'). March 1. Rec'd I..UW Book '
No. XV. p. 127. P. L. t>2. {

1S2".». March :«). Rec'd Law B{H)k '

No. XXL p. :>I0, P. L. l(Rt. I

l*i-,', Mav a. P. L. 4:iO.

1H..2, May ;i. P. L. 4:iO.

I7'.«»*. March 21. Rec'd Jaw Book ,

No. VL p. 21.1.
K>.). April .iO. P. L. ^77.

IHU7. Manh 4. Rec'd \j*m Book
No. X, p. 44.4, IV L. 42.

1818, April Iti. P. L. :«*.l.

IMii, April I.".. P. L. 48.1.

RIVEU OK 8TKEA.M DEri.AKKU A PlUI-lC HIGHWAY.

1S48, April 1. p. L. ;«l.

ISOL April H. Rec'd I<uw Book
No. X, p. is. P. L. 474.

17*. March 21. I.Jiw Bo ik VI. p.
•.'4;>.

HI:;. M-irch 'iti. Rec'd Law Book
N«.. XIV. p. I, P. L. IV,t

1818, April 11, P. L. 5;t9.
18(S7, February 27. P. L. 'itil.

18U. April C. P L. Iir..

IS2t;. .\prll 10. Heed Law Book

No. XX. p. 412. P. L. ;4.;.
18.(0. April ti. IV L. iOS.

18.11, April 1. P L. :'.4I.

1827, .March 2. Rtw d Liw Book '
No. XX, p. 511. ;

Blacklick ( Black Lick) creek, in Indiana and Caml)rla counties, from
the mouth thereof to the i)ri(i({c on the .North branch, where the
KI)ensburK and Indiana turnpike crosse:* the same In Cambria
county.
In the county of Indiana, from its mouth or Junction with the
ConemauKh river up to the moutii of Two Licit creek.

Blue Eye run. In the counly of Warren, from its mouth to a point
one-half mile up said run.

Bownmn's creek. In Lusserne c<mnty, from its mouth to Parishes
mills, at the BIk Kalis.

Broailhead's creek, from the mill of .lohn i'rice. In Pike county, to
the mouth of said creek, at Ueiaware river, In Northampton
county.
In Pike county, fn>m ,Iohn Price's mill to Eleazer Price's mill.

from Kleazer Price's mill <lam. in Pike <-<iunty. t<p forks,
the West iirancli ot, to Nlcliolas Busiis. to the forks of said
Broadtu-:id's creek.

Brokenstraw. See Bid Brokenstraw ; Little Brokenstruw.

Brokenstraw creek, from the mouth U> ilie second fork.

In Warren county, from the second f.nk to the .New York state
line.

Brush creek, all that part of. situate iietwccn the mouth thereof and
the mouth of Shaver's creek, in the county of Bedtonl.

BulTalo(e( run, from Its nioutli. at tlu' Haystown branch of tlie
,luniata. up tlie same to the moutii nl Sulphur Spring run, in Ciear-
tleld county.

Burnol Dam r\in. from the point wlicre it Is now ji hljihwiiv up to the
forks of said run. aiitl tiii'tice up the Soutii liranclinf said run as fur as
Andrew (Carle's saw-mill, and up Hit- .Nortli brunch of said run m
far us the farm of Valentine Krisc. Sr.

Bushklli. See BiK Bushkiil.

C.

Canoe creek, from its mouth to Hcnrv St<iner's saw-mill. In Indiana
county.

Cattawlssa. See Biti Cattawissa.

Cattawissa creek, in the <-ounty of .\i>rthumlierland. up to Cherinji-
ton's mill.

j Can.sawago creek, from the moutli up ti. the main forks.

i

Cow!iiu>s(jue«reek. In tlieounty <.f Tl'i;:a. fn>m Its mnuth to Bethle-
I hem Thompson's mill.

Cedar run. in the counties nf Lvi-omiri'.; and Tinjfa, from above the
mill dam of llarres \ .Miller, at the mouth, to the mouth »if
Kuhnestock itrandi id' tlie same. In the eouiitv of Tii>xa.
tlie ereek known us. in tlie town-lilp ..f KIk. Tioua enuiitv. from
lllllinds' steam lutii. in said t'ovnstilp. to its luoiitlMu distance
of nine miles i. to Pine creek.

Chapel fork. See KIneua creek.

Cheat river, froui tlie mouth tliereof .-iiid up tlie s;ild stream as far as
the Viixinl.i Stat.* line.

' Chest creek, in the countv of Cieartleld. from Its junetion with the
Su-'iiuehanna ri ver to t lie 1 1 lie i.fCle.irrteld a II. I Cambria counties
In Cieartleld countv. ti'oiii ttie mniitli tliereul tn tlie point wiiere
the division line hetwe -n tlieeouinles of Cieiirrteiil and C'ambria
cros.scs tile same.

(Chester creek, in the e ninty of Delaware, from tlie mouth thereof, at
the river Delaware, up to Kleliard Flower's mills.

Chitdiester. St>e I/ower (.'hichester creek.

Cliiillsiiuat|ue creek, from its contluenee with the Susquehanna river
a< far up as tU ' Liiu 'st.KU' LieK farm. In C duiubia county.

Clarion river. See Wilson's fork of.

78

Keport of the
Table Continued.

[No. 15,

Off. Doc]

State Commissioners of Fisheries.
Table Continued.

79

Datk of thk act.

UlVKK <>K STHEAM DKII.A IIV.II A rrHLIC HlCllWAV.

Date nv thk Act.

IS48. February 7. r. L. 'W.
iwil, March 22. P. L. IW-

I Clarion river. Went branch of. In the county <if Klk. troin the month
I to BiUMin Vista, a ill>tanci' of ul»>iit !«i.v inllt-s up'tho »nU\ \\i'>-l

I liriinch.

west fork of. above Bnt'na Vista. )in<! the severiil trlnutari-j
thereto, in the cinintles ot Klk ami MeKean, for the paMaKe ol
I rafts anil lox:*.

18'>8 April 14. Re<"<l 1-aw BiK.k darks creek. In Dauiihin comity, fntm the nmnth thereof up U
Xo. A.M. p. 4<>r. Wlilttellsnillt.

ISirr. April 8. P. L. 9tA.

' Clear creek. In the county of Cameron.

1S(U Kehrnarv 13 Uecd Law Cleartleld creek, in the count.v of HiintinKilon. from the month \ i

' B<'>ok Xo IX" p :ai;. r. I.. lOlt. the forks thereof, at the |>lacec«lli'(l the Driftwood.

1H14. Miircii 2t;. Kecd Law Book from the Beaver Dam I. ranch up to HuKh «;ullaKher « mill diu .

N'o'xiV p 404. I'. 1.. 200. In <'amhrla <ounty.

IKW Anrll'ti I' L 2(W. („ the <-ountv of <leartle<l. conmicnclnit at a point where the sh( I

■ ' ■ 1 iieek Is de<-lared anil kiKPWii to l>e a putilu- hijihway to a iHiii t

known as the • • .Narrow.s. "

Coal run. In Dtn-atur township. Clearlield county, from its moiilli
(where It emptn's into Beaver IJam luanch of Moshannon <reekj ;o
Daniel Alhert's saw mill.

Ul Ketirnary:* Heed Law B<M.k ! Cockalamus creek. In Cumberland and .Mifflin c<nintles. from th.'
Xo V u m III,, nth thereof up to the forks at DavhU.^arKlls for the pa88a»ic«'

I rafts.

IWJl Kel)ruarv 2T. Kecd Law ' Codorus river, in York county, from the forks to the SuHquehani.-i
B.M.k .N<». VIH. p. ". . river.

l,s(n. April 14. P. L. 419.

i:

IXV,. March 211. P. L. 212.

ColTee creek in Warren •■ounty, from theeaft line of Coturabuii towr -
Hhip Ut its mouth.

IT'.tT. Kel)ruary 27. Uecil Law ' Cohocksink creek, from the mouth to the l)ri<l»:e on the road leading

'Uiiok Xo \l. p. 147. from Krankfonl.

lS2<t Amil ir, Kecd Law Book' ..r C.inal str.'cl . in the county of IMiiUufelplila. trom the bridu'c

Xo \\l p i44 P. L. Hi;!. ' ..II tlie road lea<llti»f to Krankfonl np t.. Si.\tli street, acconl!!.,.'

' to IhV plans and surveys made hy Kobert Brooke. Ksq.. ann

othern.

KSfiO. April 2. P. L. 510.

(ollwee creek. Warren county, fr.un its mouth to where the Knter-
jirise and .Mullnt'ar road crosse.-.

IS«4. March .">. He.- .1 Law Book i Concdouwlnet creek, from the Cove fording to the Franklin couui)
.X«». LV. p. 409- P. L. I'.t". lini*. See t^innodoKulnet.

1771. March l».
p. 401.

IH7U. April 2.

Kecil A. Vol. V,
'. L. S21.

Coiie^to)iae. as far up as J*l<iU»{li .•= mill dam.

Coni'stoBM creek. In the county of Lancaster, from the mouth up to
the hitersecti.'li of .Mil. lily creek. >"!■ th> />«••. Nrfi.m ..» ».«/».

i7".W Mar«*h2l. Reed Law Book C..iiewan>ro creek, from tin- moiiili to the iiii. in forks.

sit. VI. p. 24:..
1801. Ft'bruary 27. Heed Law C.n.'wauo river, from llie nmutli of Bcrmudian creek t.. the Susqiie-

BiMtk .Xo. VIII. p. 7.
Ifi4ti. .March 20. 1*. L. l.'iO.

Iiaiiiia river.

.ilie portion of. known »h the Conewajjo <iut. Said hliihway shall

i coinmejice at the nn.iitli ..I the Conew.mo. where it empties Inii

' the Siisqiiehaniia. and terinlnate at tlie mill dam ol (;i'oi»;i'

j Kwlntr. in Duver township. Vork county, below the point where

I tlie Bermudlan empties Into the tonewiiKo. M. much of the ac;

to whiili this is a supplemeineni (act 27 February. I.sjljas H

herby altered or supplied, l.i hereby ifpealed.

Coiii.-ite. ."»ee Little Coniate.

Coiinearittee creek, in the county of < rawford. from the juncli i.
1 tlierc.f Willi French < reek to .loliii .Marvin s mill, a di-t.mcc ■>!
J ab.>iit two miles.

177L March 9. Kecd Law Book Connodo«ulnct, as far i:p as the tNive f<inllnt;. Sei- Conedottwlnet.
.No. V, p. 401.

I«t07 March 4. K«'id Law Uo..k I Cnondare. or Sl.xs i-ro 'k. all that part of whicli lies between fh.-
.X«'<. X. p. 44:». I' L. 42. town ot Snietliporl. in the county of .MiKe.in. and fhi- mouth ol

sal. I creek.

I Ci.nonulnesslnB. See BiK *'oiio<|ulnes».iuK.

I >», April W. P. L. M\0.

1H48, April I. P. L. .131.

181«. March 19. Kecd Law Book
No. XV. p. :»72. P. L. I.S2.

1817, February 10. Kocd Law Book
So. JCVL p. M.

I'.iwanesque creek, in tlie county of Tioifa. from its nioii h to flu-
Junction ol said creek and so called North Fork creek.

Crooked creek. In the county of Armstrontr. frnn its mouth to .lacob
Frant '.'s mill.
Ill the co.iiit. of 'riiu.i. from th ' mo.it:i tiieict up the saino to
It < forks.

RIVEH OK STHEA.M DKCLAHEI) A PlHt.ir Hl«ll\VAV.

IStU. April 20. }'. L. iW.
I8i2. April 7. I". L. 272.

1771. .March 9. Rei-d A. Vol. V,
p. 401.

I8»i4. A|irll H. P. L. 41-0.

1*17. April 10. P. L. JU7:{.

I7SW. April :,. Reed Law Book Vi.
p. 4:u.

1873. March I. P. L. 200.

IS4«. April I. P. L. ;.2I.

182.-.. April 11. K***-!! Law B«H>k
•No. XX. p. 101, 1*. L. 2;.>.

IsriU. .laauary U.i. P. L. .»).

KU, April 10. P. L. *».
iNd. April 12. 1'. L. 4J1.
1872. April 3. P. L "^rs.

IM8. Feltru.iry 7. P. L. 22.

18.W. April hi. P. L. i^.

Is7i;. May 2. P. L. I'.n!.
IXkV .March 21. P. L. 'dti.

Cross Forks creek. In the county of Potter, from Its mouth up asiid
creek a distance ot ten miles.

Crush creek, from the mouth of nald creek, or where it empties Into
the Susquehunna river. In Burnside township. Cleartled •■ountv. as
far up as the forks, where the Xorth and South branches uiii'te in
Indiana county.

Delaware river.

».

rw

|s70. Ai-ril Hi. P. L. 1180.

1870, Mnrch 3. P. L. 32H.

b24. February 18. Rec'd Law Book
Xo. XIX. p. ;«:'.». P. L. 24.

I9«W. April I. P. L. i}'M.

Denfs run. In the county of Klk. from Its mouth to the oounen
thereof.

Driftwood creek, from the mcnith of Xortli creek to the east line of
warrant number two thousand three hundred and fortv-three in
the county of Cameron, for the pussaKc of timber. U>tt»'. rufts and
shingles.

Diinkard creek, from the mouth to main fork (or the several pa
thereof which pass tliroiiifii tills Coinmoiiwealtln.

Dyberry creek, the Fast branch of. in tht untv of Wavne. from the

house ot Obedlah Freeman to the mouth of said creek, for the pur-
pose ol tloalinir loys and tlmlier down the same to the main stream.

K.

Kajit Branch of Mahoninu treek. In Clearfield countv. to nil Intents
and puriMises as other streams that have been declared navinalde.

Kast Branch of the Slnnemalionln»{. or the tlrst fork from its mouth.
In the county of LycomiiiK. as far up as the mouth of the south
Lick branch of the said stream.

Bast Fork. Sec Slnnemahoniu); cr«»ek. Kast Fork of.

East Sandy creek, in Venanifo ciinty. from the mouth thereof to
the point where the Su.squehanna ami WaterfonI turnpiku road
crosses the saiue.

Klk creek. In the county of Centre, eommenclntt at the town of Mel-
helm, where the turnpike road crosses the same to the Junction
of said creek with Pine creek at Dennlns fulling niiil.
that so much of existing laws as makes Klk creek, in Penn town-
ship. Centre county, a public hi»rhway l)e and t!ie same is herebv
repealed.
Ill the township of Miles. In the countv of Centre, from .Jacob
, Wolfs mills eastward to Daniel Walker's mill. In said township,

/■>(• till- iiimnn^r of lin)».

: Klk ••rook. In the county of Klk. from Its mouth to the first forks,
below St. Mary's.

Elk creek. In the county of .lofTerson. fr»)m the nunith thereof, up
I the said stream to the mills of Washburn iind Clover,

Klk creek and Its several braiu-ht>s In the county of Sullivan.

KIk-horn creek, from its mouth in Tioiia township. In the county of
Tioira. to the lan.l of A. .1. .McKenney. In Farmiii|{ton township
III said county.

KquliMuik. S<>e Bit; Kqninunk creek.

F

ri»h creek. Pennsylvania Fork of. runninir through Sprinithill t«>wn-
shlp. in the oiiinty of (;reene. from the town of Xeiv Kreep..rt In
said township, to the State line, during; the time of freshets. f..i all
forms of merchantable timber, saw Ioks. railroad cross-ties. iMNiiH-r
stulT. etc.

Fish Dam run. In the county of Clinton, for the distance of five nllos
up from Its mouth.

MshhiK creek. See Bin FIshinjt creek : lIunfliiBdon creek. Act IJ>
March, I8|ii ; Little FishiuK creek.

FIshlni; creek fnmi the mouth of Bank's run to the lands of Joseph
.Anthony, In Lok.-iii township, Centre county. (See Fishiiiir
creek. LycoiuiuK county i.
so much of the Act of 18 Fehniary. 1824. ns dechires that part of
FishlnK cn«ek runnini{ or passing through the premises and prop-
erty now in the possession of and owned bv llenrv L. Diffen-
bnch. In the township of Lamar, countv of Clinton, a public
hlKhway. repeale<l.

80

Report of the
Table Continued.

[No. 15,

Datk ov Act.

181«, Miin-h lit. Uec'd Law Book
. No. XV, p. r>T2, IV 1. 183.

I7'.l7, March 4. lU'i-'tl l.,uw Book I
No. VI, p. l.^>5. I

I7'.f.t. .Xprll 11. Uc'c'il Law Book
No. VII, p. 2.

185S. Kfhniary lO. P. L. 28.

Itttia. March 0. 1>. L. 111.

17W, January It!. UecMLaw Book
•No. VI. p. ;ilT.

]8l:i. Marr-h 2r>. UocM liHW Book
No. XIV, p. 1. 1'. L. li'J.

17i»S. March 21 . Ht'c M Law Book

No. Vl. p. 2I,'>.
IrtlO. February 12. Uwd L:iw Book

No. .\11. p. Hi. 1'. L. Ih. I

i
19;'.2. May 3. V. L. 400.

1940, .Tanuary H. P. L. 1?.

IfVn, March 1. PL. .315.

1S.»7. March 20 P. L. ll.i.

lllVKK OU STKKAM DKCLAKKU A PTHMC UICIIWAY.

Fishing creek, commonly callert lliinttniiilon creek, from the Junc-
tion of miid creek with Pine creek, in the county of (.^lIu^■t)la. to
the North mountain in the county t>f Luzerne.

Fishing creek. In the county of Lycoming, from the mouth. Hf> far
up as the mouth of Banks' run. (See l;;jshing creek, tVntrt'»-i>unty. >

Fishing creek, in the county of Northuml)erlan(1. from the mouth to
main fork, and that branch commonly called Little Fishing creek,
from the mouth to John Kve's mill.

Five Mile run. in Jeffer8<»n county, from the mouth, where It entem
Into Sandy Lick creek, to K. J. Nicholson's mill in Knox township.
Jelferson county.

Forge run, otherwise called Six Mile run. In Centre county, from the
mouth tliereof where it enters into Big .Moshannoii creek up to the
fork near the Wolf rocks, fur the passage of logs and lumber.

Frankford creek, in the county of Piiiladdphia. from the mouth
thertM»f up to Joseph I. Miller's land opposite to the nn-e bridge
across the Bristol road on Main street of Frankford.

F'rankstown bran<-h of Juniata river, from the forks near La/arus
liowries mill, up the West lirancli to the town of Hollitlaysburg, in
Huntingdon c.iunty.

French creek. See Plea.sant Lake, (mtlet of, int4» French creek.

French creek to the town of LeBoeufT.

In Krie county, from its Junction with LeBoeutf creek, to the saw
mill now or ti)rinerly owned by Leverick Bissell.

FYench creek, Kast branch oT, commencing at the |>olnt of Its junc-
tiiin with the West l>raiu-h of French cn'ck, in the county of
Krie, on or near tlH! fiirt> -second degree of north latitude, and
theni-e up said Ka^'t l>raiicli to the west line of the State of New
York.
East branch of. commonly known as Miles' branch, in the county
of Krie. commencing at it> Junction with the main creek, to the
mill of Stockum &, (.'oe, on the said creek.

Freeman's run. In P«Utor county. So much thereof as Is situated be-
tween the north line of the farm of K. U. Austin and the Slnnema-
honlng creek.

6.

Genessee river. In the township of fJenessee and Bingham. In the
I'oiiniy of Potter, from the New Vork State line to the mouth of
Turner creek, Insaiil township of Bingham.

1810, February 21. Uec'dLawBook 1 (Jn'cn <Teek. In the county of Northumberland, from the mouth up
No. .\IL p. 33, 1*. L. 3J. to till- iiiiiin fork thereot, nnd from tln-nce up the Northand North-

west branches thereof into tiic saw mill now or formerly owned by
John Lemon, on the North branch, and unto the saw mill now or
fcumerly owned l>y Samuel Wutl on the Northwest branch thereof.

1870, March 3. P. L. .S2il.
1837. March 29. P. L. 100.

lh»i, March 2fl.
1848, April 10,

18.^. April 14.
dix Vol. ;.n.

1871, March 2.

P L. 212.
P. L. 470.

P. L. ?1«. Appen-
P L, Ifll.

1868, March 24. P. L. 400.

H.

Ifiill's run. In the county of Clinton, for the distance of tlvc miles up
from its muuth.

Haneyoy creek, a branch of the Oswago. from the Junction of the
same with the Oswago creek to tlie New Vork State line.

Hare's creek, within tlie county of Warren.

In Krie county from where the same iTosses tho line of Warren
county U) where it crosses the line of the State of New York.

Harris' run, in Lycoming county, from its connection with Pine
creek, four miles up liie said run.

Harvey's creek. fr<im its mouth to and including Harvey's Lake. In
the county ot Lu/.erne.

IlBrvey'n Lake. See Harvey's creek.

Hickory, See Big Hickory creek,

Hiner's run. a tributiiry of tlie West branch of the Susquehanna river,
in the county of Clinton, for the distance of eight miles up from it*
mouth.

Off. Doc]

State Commissioners of FisHEltiES.
Table Continued.

81

Datk of act.

1811, April 2. Reed Law Book
No. XIl, p. 43<.t,

181»5, March Ifl. Law Book XV, p.
bVi, P. L. 182.

18«;9. April 5). P. L. 794.

1850, April 11. P. L. 500.

1771. March 9.
p. 412.

Reed A, Vol. V.

IrtW, January 29. P. L. 31.

I8.W, ApHl m. P. L. Vol. 41, Ap-
pendix p. 827.

1771, March 9.
p. 401.

Rec'd A. Vol. V,

ISLV March 4. Rec'd Law Book
No. XV. p. 129. P. L. 05.

I«j9. March 1. P. L. 87.

181.1, March 2fi. T^w Book XIV,
p. 1. P. L, ISO.

1771, March II. Rec'd A. Vol. V.

p. 404.
I.'WB. Febriiarv I. Law Book XL

p. 151. 1>. L. 18.

I.SI4, Marli 2t'.. Law Bi-ok XIV,
p. 404. \\ L. '-IW.

I8»>7. April 8. P. L. ««».

1817. March 54. Law Book XVI,

p. 2.V,». P. L. •IXK".
1852. .May 4. P. L. iOS.

1771. March P. Reo'd A. Vol. V,
p. 404.

1820. Mar.h 'iS. Law Book XVIII.
p. I0'>.

1842, Man-h 17. P. L. 102.

6a FiHH.

RIVEB OK STIIEA.M DKCI.AHBU A PrBLIC HlQHWAY.

Huntingdon creek, from the mouth thereof, thence up the same t.o
the mouth of Pine creek, thence up Pine creek to Charles Buck-
elew's saw mill.
the East branch of Fishing creek, c«>mmonly called Huntingdon
creek, from the Junction of said creek with Pine creek, in the
county of Columbia, to the .North mountain, In the county i f
Luxerne.

Jerry run, in the county of Cameron, from the north line of warrant
numbered tlve thousand four hundred and seventeen, to the place
where It empties Into the Sinnemahoiiing.

Johnson's run, in Fox township. KIk county, fmm the mouth of aald
run to where the same cnmses the west line of warrant number four
thousand three hundred an«l ninety-six.

Jnniata,, See Frankstown branch of :
branch of.

Juniata up to Bedford and Fmnkstown.

Little Juniata ; Rayatuwu

KInnia creek, which empties into the Allegheny river, in Warren
county, from the mouth thereof up to the second forkH in McKean
county.

Kinzna creek, from the m<mtli of the South fork of the same to the
«)ld Kittanning road, and the South fork of said Kinzua creek from
its moutli to tlie Second fork of said South fork and the Chapel fork
to the fork of said creek.

Kiskimlnet.'is river.

Kittle creek. In the county of Lycoming, from its mouth up to the
necond fork.

Knapp's creek, in the county of McKean. from its mouth to the up-
per dams now erected on the North and South branch of the same.

Lackawanna creek, in the county of Luzerne, from the mouth thereof
to Ragged island, at the moutli of Rush creek.

I..ackawaxen. I^aifkawaxin stream as far uit as the fulls thereof.

Lackawaxen river, in the county of Wayne, fnim the f.iilHthcrcof
to the Dyberry forks, and thence up the DvlM'irv branch ami
West branch to the tJreat fulis of the res|M>ctivi' liVanches.

lackawaxen creek, the Western branch of. from Colonel Seely's
mills to Silas Kellog's, in Mount Pleasunt township. In the
county of Wayne.

Lake Pleasant, in the county of Erie, and Commonwealth of Penn-
sylvania, and the outlet of said lake to Fn'nch creek, open and tree
to all the people of the sai<i Commonwealth, for fishing, navigation
and all purposes whatsoi'ver.

Larry's cr<»pk. In the county of Lycoming, from the mouth therettf to
where the State mad cri»sses the same,
fjime's creek, in Lycoming county, from where the State road
crosses the same, thence up said creek the distance of Ave
miles.

Leckawaxin. See Lackawaxen. Leckawaxln stream.

I>ehigh. See Little I<ehlgh.

IjchlRh. the. declared a public hljfhway.

Lick creek. See Loyaisock c.eek and its tributaries.

Lick creek, from Its mouth up to Henry NuelT's. Jr., saw-mlU. In the
county of JelTerson.

Lick run. in the county of Clearfield, from Its Junction with the 8a«-
quehanna river up to the Fork Licks, on said run.

82

Report of the
Table Continued.

[No. 15,

Datk ok thk act.

1S70. Mar<-li 28. I'. I.. 610.

IST). April 11. T.aw Book .VX, p.

101. r. h. tM.

1S29. April 2:5. Law Book XXI. p.

twt. I". ^J. •.".'T.

Ka. April li. v. I- :M1
IWW. April in. P. L. r)82.

lT9-t March 21. l^nw Book VI. p.
24.5.

River oh Stream Declared a Prni.ir iiiohway.

ISW. April C. P. L. :«7

IV1>4. F«'lnuiiry .'i. I,i»w Book V.

p. 1S82.
IH08. Miirch 2i'. Law Book XI. p.

2tl. P. Ti. HI.
Wli. April 1. P. 1^. in.

IXM. January 21. P. !.■• 28.
iar.7. April .-). P. I-. «:«.
19B7. April.-). P. 1-. K«.

1848. April 1. P. I-. :<21.
I87H, March 18. P. U. ;WS.

1851, April 14. P. L. Vol. :». Ap-
pendix p. 7lti.

1852. Manh .S. P. I.. 522.

1828, April 14. I.«w Book XXI.
p. 407.

1937. April 4. P. I- mt.

IWkl. Anrll 14. P. I.. Vol. 39. Ap-
pendix p. VU>.

1799. April 10. LnwBook VII. p. 7.
1860. April i:i. P. li 890.

1814. Man'h W- T>aw Book XIV.
p. 40i. P. 1.. 20(1.

1838, April 14.
p. 407.

from the month to the Inlet of Little Conlate

iMW Book XXI,

1803, March 27. P. L. 218.

Little Anderson's creek. In the county of Clearfield, a otroara which
empties Into Andersons creek near and below Bridneport. In said
county, from Its mouth to the source thereof.

Little Brokenstraw creek. In the county of Warren, from tlio mouth
thereof to the place where the Slate rorid. froiu the New \ork
State line through said ccmnty to the Ohio Stute line, crosses
the same, a distance of ahout ten miles

In Warren county, from Nathan Alihotfs saw-mill, on said creek,
to the -New York State line. - . .i. », v„.u

In the county of Warren, fmm the mouth thereof to the >ew \orK
State hne.

Little riearfield creek. In the county of Clearfield. '•o>pnj'*"«'"« "♦.'f
Junction with BiK Clearfield creek to the first fork of the said Little
Clearfield creek, southwest from William Dunlap s and the Rny«-
town Branch of the. lunlata. thence up the same to the month of
BiilTaIo»- (siornn: thence up the s»me to the mouth of >ulphur
Spring run. in the same <-ounty.

Little Conlate creek
lake.

Little Fishing creek. In the county of Northumherland. act 11 April.

17W.

Little Fishing creek. In Columbia county, from formerly Kve's. now
Masters, mill. In Greenwood township, to Coles mill. In Madison
U.wn-hlp. and the West branch ot said Little Fishing creek, from
the mouth thereof to Lytm's mill.

Little .lunlata, In the county of Huntingdon, from the mouth up to

the head of Logans Narrows. e va«,„^

Little .lunlata river, from Logan's Narrows to the mills of Edward

Bell In Allegheny township. Huntingdon county.
Little .luniata river, m Antis towiisliip. In Huiitliigdon county
as far up the said river as the saw-mlU dam of Alexander and
Daniel Ale.

Little Mahoning creek. In Indiana county, from the mouth to the

1^1 it*l \\ forte
North l.ran.-li of. In Indiana county, from its continence with the
' S.mth branch of .said creek, up to Tigers s:iw-mill. ..,„„^

UlK«r branch of. fromlts mouth up to Cessna ssaw-mlll. In Indiana

county.

Little Mill creek, in the cimnty of .lefferson.

in Warsaw and Pine Creek townships. In the '""""♦y "^ •"V'^*'"""-,
from the mouth of Laurel run to the mouth thereof at Big .Mill
creek.

Little Musliannon. In the cimnty of Clearfield, from Its connectloii
with the West branch of the Susquehanna river, the distance of
ten miles up the said crcfk.
In Snowshoe township. Centre county, fmm Its mouth to the
Mushannon mills.

Little on creek. In Cniwford county, from the mouth thereof to the
upper part ot said creek.

Little Pine cn»ek. frt.m Its mouth. In Columbia county, to Columbus.
In Lucerne county.

Little «andv creek, the North branch of. from Its Junction with Red-
hank creek. In Armstnmg county, up said stream to Alexander
McKlnstry's saw-mill. In Jefferson county. w # -♦

8«mth branf h of, from Its Junction with the North branch of, at
r.etsfs mill dam. up said south branch to Campl>ell s and .Mun-
dorff s mill, formerly known as Spranklc s mill. In Jefferson
county.

Little Schuylkill. See Tamaqun.

Little Schuylkill, the, from George Roushe's .saw-mill up to Jacob
Hhelleys saw-mill.

Little Shenango creek. In the county of Mercer, from Its mouth, at
Greenville, to Salem mills, near 1^-echs Corners. In said county.

Little Swatara creek. In the cunty of Schuylkill, from Its l"n«tlon
with the Big swatara creek, up the same to John FIdler s saw-mill.

Little Tobv's creek, in the counties of Clearfield and Jeffers.,n. from
the mouth of J..hn Sheaffers mill ••..» on the main binnch of
Toby's creek and from the forks of Brandy Camp (or Kersey

LUUe Toby creek, from the point where It Is now a highway up
to Patrick Whalen's. In the township of l-oJi. county of KiK.

Off. Doc.]

State Commissioners of Fisheries.
Table Continued.

83

Date of thk Act.

I8f.4. April 8. P. L. 346.

I HI 7. March
p. •i.)2, P.

181«i. March

.572, P. L.

1881, April I

24. Law Book XVI.
L. 2li).

19. Law Book XV. p.

182.

2. P. L. 428.

RivKR ou Stream Declarei> a Public Highway.

1811. March
p, 29;, !•

20. I.aw Book XII.
L. 74.

1870, March 3. P. L. 329.

ISO<i. March 1. Ijiw Book X, p,
2.W. P, L. ;{h9.

1814, March 20. Law Book XIV.
p. 404, P. L. 200.

18fi9. April 2. P. L. 594.

1810. March 19 Law Book XV,
p. 572. P. L. 182.

1809. April 2, P. L. t»7.

1813. January l«. Law Book XIII.
p. 2.S8. P. L. 3(.

1.S42, March 14. P. L, 77.

1 8C8, February 21. P. L. 192.
18,'«. February 1,5, P, L. 70.

18.51, April 14. P. L. Vol, .39, Ap-
pendix p. 71C.

1825. April 11. I^w Book XV. p.
101, P. L. Zii.

1827. March 2. Law Book XX. p.

511. P, L. .57.
18;«. April It!. P. L.,582.
1847, February Iti. P. L. 108.
I8ti8, April 13. P. L. 936.

ISO.5, March 2.1. P. L. 687.

1W7, April 8, P. L. mt.
18«W. April 13. P, L. y04.

1848, April 11. P, L. 503.

Long Run. emptying Into Pine creek. In the township of Gaines. In
mouth"*" " '*"*' *'•*' ^'''**"<'« "' e'Kht miles up from Its

^'7J!'.nr,5?»»??^'"" "^^^- '." the county of Delaware, from the mouth
thereof up the same lo the mill of David Trainer and Gideon Ja^ues.

Loyalsock creek. In the county of Lycoming, from the mouth thereof
up the same to Rogers" faclorv. on said <!reek
Loyals«jek creek and its tributaries. Birds creek and Lick creek
In the county of Sullivan. t "jcb,

Lycoming creek. In the county of Lycoming, from the mouth thereof
up the same to where the line of Tioga county crosses the suid creek.

M.

^^!^l'f ''■^'","'"'.i" *''® county of Clinton, for the distance of five
miles up from Its mouth.

Mahantango creek, forming the division line between Dauphin and
Northumberland counties, from the mouth thereof up to the
Junction of Pine and Deep creeks, in Berks county.
Mahantango creek, in S<huylltill county, from the mouth of Pine
creek up to Samuel Kelms saw-mill.

Mahoning. See Big Mahoning,

Mahoning creek. See east branch of. See Little Mahoning.

Mahoning creek. fr..ra Its mouth to the Mahoning iron works. In the
county of Armstrong.

Mahoopany creek, from Its mouth to the forks of the north and south
branches thereof.

Maple creek. In the county of Forest, from Its mouth up to Cook A
Leichiier s mill, for the passage of logs.

**o''''.''/J*'''!'' '" *''** "'"nty ot Centre, from Its confluence with the
Kiild Kagle creek to Jacob Boone's saw-mill, being about tlie dis-
tance ot five miles.

Marsh run. fnun its junction with Oil creek, in the township of Trov
county ..f Crawford, to i<al|>h Clap's iiiiil. in Atheus township"
county aforesaid.

Marvin creek. In McKean county, from the crossing of the Howard
Hill road t«i I'olato creek.

Matthews run. In Warren county, fnrni its mouth, where It empties
Into Bi-okenstraw creek, to the towiiMiip line between Brokenstraw
and sugar (Jrove townships.

Medocks run. In the county of Elk. from Its connection with Ben-
nett s branch of the Slnneniahoiiiiig, six miles up said run.

I Middle creek. In the county of Union, from the mouth thereof, at the
su.Nguehanua river, up to (ieorge Millers mill dam, In Beaver
township.

Miles branch of the French creek. See French creek.

Mill creek. See Big .Mill creek.

see Little .Mill creek. In the countv of Jefferson,
see Oil creek. c<miuionly called .Mill creek.

see Oil creek, commonly c.illed .Mill cn-ek. In the county of Craw-
ford.

Mill creek. In the county of Huntingdon, from the mouth thereof, to

Matthew Wilson's mill.
In .letlerson county, from the mouth thereof, to BiirtolT road.
In the county of .Icffeison. from its mouth t<» I'errln's mill,
a triluitary of Loyalsock. in Sullivan countv, from its luoiith up

to the north line of the Joseph l..«'wis tra«t on the Nortti i.iMiich,

an<l t4<the west line of the Thomas Leli>er tra4;t on the West

branch.

Mill run. In the townships ot Br>wne and .McHenry. In the county of

Lycoming, a triiuitary ot IMiiecr-ek.
In the township of McUenry. In the coimiv of Lvcomln-/
In the township ot Mcllcniy and county ot Lvcoiiiing, foriiiepur-

l>oso of flouting logs and lumber do*n the same.

Mlllstown creek. In the counry of JeiTermm fr«)m Its mouth ten miles
up the same.

84

Keport of the
Table Continued.

[No. 15,

Datis of tmb act.

1851. April 14. P. L. Vol. 39, Ap-
pendix p. 710.
IHrtO, April ». 1*. L. 794.

1782, April W. IjftW Book No. 1,
p. 622.

im', March 22. P. L. 527.

1874, May 21. P. L. 299.

1863. April 14. P. I... 399.

1S08. February 1. Law Book XI,
p. l,'il, P. 1.. 17.

RIVEH OB 8TKBAM DECLARBD A PCBLIC HIOHWAT.

IH31. April 2. P. L. 371.

IHril, May 1. P. L. CIS.

IKIO. .lanuary M). Law Book XII,
p. 5. P L. «i.

mu, Marcb 6. Imw Book IX, p.
:it>l. P. L. LIO,

I81f., Marth I'.t. Uiw Book XV, p.
572, P. L. 182.

1771. Mnr«h9. Reed A, Vol. V,
p. 401.

IH50. March 25. P. I.. 281.
I8U. April 4. P. I.. 380.
l8b-7. April 10. P. L. 1073.

I7'.»8. .March 21. l.nw Book VI, p.
24u.

1 798. Mureh 21. Law BfK)fc VI. p.

24.->.
I«IU. .March 10. Law Book XII.

p. 1(4, P. L. ♦!<■..

1810. March 9. I^aw Book XV, p.
..72, P. L. ls-^».

KiO. .lanuary 2i). P. L. 31.

mn. May 3. P L. 430,

Mljt run. In the county of KIk, from Its connection with Bennett's
branch of thf ^innemahoninK, eight nille.«« up said run.
In the county of Cameron, from the tloatInK dam of Brown,
Karly & Co. , to the place where It empties into Bennetts branch
of the HInnemahonluK.

Monongahela river, as far npas It can be made navigable.

Montgomery creek, a tributary to the West branch of the Susque-
hanna river, in the county of ClearUeld, from the mouth to the
sources thereof.

Montgomery creek and Its several branches. In the county of Clear-
field, for the purpose of driving and floating logs, lumber, etc..
down said stream or streams.

Morgan's run. In Clearfield county, from where It empties Into Clear
field creek, up to where the road, leading from McCiarren's farm
to Clearfield creek, crosses the road at or near Powell's saw mill.

Moshannon creek. See Beaver dam branch of.
See Mushannon.

Muddy creek, from Its junction with Hutoheson's saw mill run to Ita
confluence with Frem-h creek.

Muddy creek. In the county of Crawford, from the mouth of Hutchin's
run. up suld creek. s«i far as the east line of doniition tract, num-
ber <»ne hundred and twenty-one, of five hundred acres.

Muddv run and the east and west branches thereof, in the county of
Clearfield, for the distance of twelve miles above its mouth.

MuncT creek, in the county of Lycoming, and its branches, to wit :
from the mouth thereof, up to the mouth of Heaver creek <<n the
enst branch, and from tlie mouth of the north branch up the same
as far us Klk Lick.

Mushannon. Hee Little Mushannon.
See M<isliannv»n

MushiuHHin creek I a boundary line l>etween the countie.t of Centre
and Huntingdon), from the mouth thereof to the forks of the same,
about Mve miles above the town of Phillpsburg.

N.

Xescopeck creek, in the counties of Columbia and Luzerne, from Its
mouth to Mount Yorger.

Nesbamlny creek, as far up as Barnsley's Ford.

North Beaver Dam run. In the county of Cambria,
of, t4)(iill°s saw mill.

North liriincli of the Teunista creek, in the county of Warren, from
the mouth of said branch, fifteen miles up sul<l stream.

North creek. fn)m its Junction with the Driftwood creek, up to where
it cros^es the public highway, at a place called Harper's Ferry. In
the<-ountyol Cameron, for the passage of timber, logs, ratts and
shingles.

O.

Ohio river, frtim the western boundary of the State U' the Mononga-
hela river.

Oil creek. See Little Oil creek.

from the mouth of the second fork.

In the counties of Vcnimgo and Crawford, fortn the lower forks
in Venango ci)unty, to the upper forks at McCreeth's saw-mill.
In Craw foni county. , ^ * ...

commonly culled Mill creek. In the county of ( rawford. from its
mouth to the southern l»ountlary of a tpact of l:ind belonging to
Charles Plumb, in the counties of Crawford and Wiirren.

the east tiran«h of. from the dam of the old Holland mill. In
Crawiord county to the iMdnt at which the road leading froin
Hichnrd Hender.win's to the Allegheny river, crosses the said
creek In Warren county. ^ . ij ._

the enst bram-h of. from Centreville to the State n-ad. In Sparta
township. Id the county uf Crawford.

from the mouth

Off. Doc]

State Commissioners of Fisheries,
Table Continued.

85

Datk of the Act.

1848, April 11. P. L. 602.

1818. Marc;h 3. XVI. p. 559, P. L.
145.

1807. March 4. Law Book X. p.
44;l. p. L. 42.

1850. April 6. P. L. 306.

1851. April 14. P. L. Vol. 39, Ap-
pendix p. 710.

1852, March 27. P. L. 190.

1864, March 18. P. L. 63.

182«5. April 10. I^w Book XX. p.
412, P. L.

1810. Man-h 19. Law Book XX.
672, P. L. 182,

1771. March 9. Rec'd A, Vol. V.

p. 4411.
1792. April 3. Law Book IV. p.

317.

1827, March 2. XX, p. 511. P. L.
57.

1804, April 8. P. L. 346.

1827. March 2.
611, P. L. 57.

I^w Book XX, p.

IStiS, April 13. P. L. 087.

1811. Aprils. Ijiw Book XII. p.

4;«».
1814, March 20. Law Book XIV,

p. 40t. P. L. 200.

1798. March 10. I.,aw Book VI, p.

•249. *^

1805,
P.

April 4.
L. 2:17.

I.aw B<Hik X. p. 176,

1810, Marcb 10. P. L. (i8.

1829. Miirch :iO. Law Book XXL

p. 510. P. L. IW.
1832, May 3. P. L. *;«.

1844. April 4. P. L. 188.

1800. February 7. P. L. 33.

RIVEB OB STREAM DECLARED A PUBLIC HIGHWAY.

Oil creek. ThompB4in'8 branch Of. In the county of Crawford, from Its
conHuence with another branch of said creek. In the fcowni-hipof
Oil Cree_k. In the county aforesaid, toa snw-mlll i)uilt by Chancy
t.iKKJrIck. In the township of Rome and county aforesaid,
the west branch of. frt.m the upper forks theret)f . at M'Crat's,
now WInten's mill, up to .lames Hamilton's mill, in BloomHeld
township. In the county of Crawford.

^"^kYS o'^''? ?" **•*' r*""' *•'• '" 'he counties of Potter and MeKean.
which lies between the north line of this State and the forks of the
said creek, about twenty miles from Its mouth.

Oswayo creek. In the county of Potter, from the town of Millport, up
to the town of Oswayo. a distance of about six miles.

Otter nm in the county of Lycoming, from its connection with the
first fork of Pine creek, three miles up the same.
In Bniwn township. In the county of Lveonilng. the first fork of
from the main stream, for one-half mile up said branch.

Oyster run. In Fox township. Klk county, from Its mouth where it
empties Into Little Toby creek, to Its forks, a distance of one and
one-fourth miles.

Panther creek, from Its Junction with the IJttle Schuylkill, or Tani
a<jua, to Martin Voder's saw -mill on said creek.

Pemmapecha, commonly called Pennepaok. in the <'ounty of Phila-
delphia, from its mouth to David Lewis' saw-mill race.

Pennepaok. See Pemmapecha.

Penns creek, twenty miles up the courses thereof.

In the county of Northumberland, below tlu> mouth of Sinking
cn-ek. not heretofort« declared a public highway, from the
mouth thereof, to the mouth of Sinking creek.

In Centre county, from the mouth of Sinking creek to the source
of the suld Penns creek. •

Ph<K«nixrun. emptying Into Pine creek. In the townaliip of tJaJnes.
In thec<mntyof Th«a, for the distance of eight niUes up from Ita

1811).

Pine BotUim run. See Upper PUie B4i4iom run.

Pine creek. See Huntingdon cn'ek (Act 2 April,
see Little Pine creek,
see Mill run In Lycoming county, a tributary ot.
see Phoenix run and I>ong run. emptying Inito.
in Centre <i»unty, from the mouth thereof, up to John Neldlgh's
saw-mill.

Pine creek. In the t4>wnshlp of Hajnes. in the county of Centre
from the numth thereof, at Peuu's cxeek, up to six miles above
Mortc's.

Pine creek, from Its miiuth at Huntingdon ereek. to Amos Buckelew's
saw-mlll.
fnim .Amos Buckalew's saw.mill. in ColumMa county, to the
main forks ulwjve .lonalhan West<»vers saw mill, iii Hunting
township. Luzerne county.

Pine creek. In tli« county of Lyi-oi
thini fork thereof.

Pine creek, the West bninch of. from the thini fork. In the county

of Tloca. Jo the forks of the Klk Lick, in the county of Potter.

an<l also the said tlilnl fork, from Its mouth t^t Morris' marsh In

in the said county of Tioga,
so much of the second fork of. In therountr of Lv(H)mlng. as lies

bttwiHMi its(H*nt1uenec and the iKiInt where it is intersected by

the State road.
In Ly(«>ming and TUiga <v>Hntles. from the mouth thereof to the

forks of <4aid ereek. alwivc the big meadows In Tioga county.
th«' tirsi fork of. in th«' county of l.yconUng. from the mouth

thertMif up to the tlie Blix-k House fork.
8t>cond fork of. (ximmonly called Bal)bs creek. In the county of

TU»ga. fn»m its mouth to where William Habli now resides.
se«<in4l fork of. ealleil Babb's creek. In th«? county of Tioga, from

V, llllam Babh'n saw-mlll to the mouth of .MIekle run.

ling, from the numth up to the

r»„TIl? ^?....f *i?^' ."^V' ' \. *"*• y'"^^:^^'- >»<' •"»«•«• «'f the public highway on Penn's creek. In
^r^h^-V. V' "'*."•''' •;«'<'^<'t'" l>«'"eH„M mill and the bead of said creek Is hereby vacated, and so n.uch
Of the secomi section of the Act passe<l 2 March, 1827, as Is iuconsisteut herewith Is hereby repealed

86

Report of the
Table Continued.

[No. 15,

DATE OV THE ACT.

1833. January 14. P. L. 3.
1847, March IG. P. L. 402.
1859, February 25. P. L. 81.

ISSa. February 10. P. I^. M.

IVJr.'. April 3. I^w BiKik IV, p.

an.

\VM, March G. Law Book V, p. m.

Iran. April 13. P. L. &5S.

I«i5, April 18. P. K 250.

1859, Match 30. P. L.. 313.
1818. February 7. P. L. 8&.

KIVER ANU SrilE.VM DKCLAUBD A PUBLIC HIGHWAY.

I84)>. March 30. P. Lu aU7.

1R:)7, May 12. P. L. 458.
18:^ April 16. P. L. 58:^.

18:{1. April 1. P. L. <U1.
ISt'iU. March 12. P. I... 147.

18til, Mar 1. P. I>. 641.

i:<J8. March 21. liUW Book VI. p.

24.'>.
182U. March 28. P. I... 188.

lh»;. April 10. I.ttw Book X.\, p.
412. P. I.. 3;tt>.

I8;;3. March 30. P. L. 109.

iHOn. March 1. Iaw Book Vll. p.
HI.

1HU8. April 1. Law Book I.V. p.
IsB. P. Ii. 582.

Pine creek. In Potter county, from the first fi)rk8 above BIk Elk
Lick, on nald creek, to the forks above William Ellsworth's on
said creek. „ , .

west branch of. In the county of Potter, the distance of eight
miles from Its mouth up the said west branch.

Pine creek. In Warreu county, from Its mouth to Carpenter's mill.

Pleasant. See Lake Pleasant.

Phinkefs creek, a tributary of Ijoyalsock. In LycominRConnty, from
it!» month up to Feronea Falls, on the West Branch, Ui the Beaver
Meadow, on the North Branch, and to the north line of the Henry
Hill tract, on the East Branch.

Poco Pwro. or BiK creek. In Northampton county, from the mouth to
the falls thereof,
or BiK creek. In .Northampton couty. from the falls thereof in-
clusive, up to Jan Sherbautje's mill dam.

Portable branch of the SlnnemahonliiK creek, from Us mouth. In
Shl|>p*'n township, McKean county, up to Cooley's branch, in Port-
age t«iwuship, in the county of Potter.

I'ortaKC creek. See Susquehanna PortaKC creek.

Potato creek, in the county of McKeau, from the mouth thereof to
the |>oiiit where the same crosses the road leadini; from Smethport
to Shippen.

Potts run. In Cleiirtleld county, from the mouth thereof, where it
empties into Clearfield creek, up to Kelly's mill.

Powell's creek. In the county of Dauphin, from the mouth thereof to
the forks of said creek.

Pymatuunlug creek. See Shenangu creek.

R.

RaccMon creek. In the county of Clarion, from Its mouth to the mouth
of l.lttie Itaccoon creek, to ail intents and purposes as are other
streams that have been declared navigable.

Rattlesnake creek, which enters Into Little Toby '» creek. In the town-
ship of Snyder, .letlerson county.

Rnvstown liriinch of the ,Iuniata. from Morrison's Mills, In ClearHeld
county, up the same to the mouth of BufTalo run, thence up the
same "to the mouth of Sulphur Spring run, lu the same county.

Red Bank creek. See Sandy Lick creek.

RItlley creek, In the county of Delaware, from the mouth thereof at
the river Delaware, up to I'eirce Crosby's mills.

Roaring run. a tributary of Clearllea creek. In Bradford township.
Clearfield county, from the mouth thereof to its sources.

8.

Salt run. as far as the forks of said stream, in Cameron county, for
the pas.sage of rafts and logs.

Sandy creek. Sec East Sandy creek ; Little Sandy creek.

Saudy Lick, or Red Bank, creek, from the mouth to the second great

cieek from Its mouth up to Henry Nueff's, Jr., mill. In the county
of .lelTerson. , « , •

or Red Bunk, creek, from the eastern boundary of Jetlerson
county to Its mouth, only for the passage of boats, rafts, etc.,
descending. . , _ , .i

creek, the north fork of. In the county of Jefferson, from the
mouth thereof to RIdgway. In said county.

Schuvlklll. Big. from the mouth of Norwegian creek, where It emp-
tlt's Into said river, up to where the Cattawlssa road crosses the

the west branch o/, frr.m Its Junction with the north branch, up
the same l<> Thomas Heed's saw mill, and then five miles higlier
up said stn'nm. and the westernmost liranch. from Its Junction
with the last mentioned stream, six miles up the same.

Schuylkill, Little. See Tamaqua.

Off. Doc]

State Commissionei s of Fisheiiies.
Table Continued.

87

Datk of the Act.

1833. April 8. P. L. 349.

1800. February lU. Law Book VH.

p. '.»4.
I8'2.'), Ai)iil II. I4iw Book XX. p.

101, P. L. -ZXk

1803. April 4. Law Book IX. p.
249, P. L. «!1.

182'.;, April 1. P. L. 117.

Ib'iti. Deceniber-21. Law Book XX.
p. 4:y, P. L. o.

1804, February 13. P. L. 109.

1818. .Manh ',•;;. I.41W Book XVII.

p. llti. P. L. :.'(;4.
18r-', April 1. P. L. 117.

1825, April II. Law Book XX. p.
101. i: L. 2;ti.

1849. April 10. P. L. t;-*».

IS-M), April ',>. P. L. 321.

1859, April l;l. P. L. 558.
1874. May 21 . P. L. 299.

1830, Mnrch ','.). P. L. 281.

1801, May I. P. L. 058.
1873, April 10. 1'. L. 722.

184fi. March ;a). V. L. 207.

179ti, February 2»>. Ijiw Book VI,
p. 58.

isao. January S3. P. L. 28.
1840. Aprils. P. L. 281.

ma, April '.'3. I* L. 52»l.

1820. March fi. P. L. 48.
1832, April 1. P. L. 117.

RlVEK A.NIJ STREAM DECLARED A PUBLIC HIGHWAY.

Shamokln creek, lu the county of Northum»»erland, from Samuel
Sober's mill to Its confluence with the Susquehanna.

Shaver's creek. In the county of HuntlngtUm, from Its mouth up to
the line of .lohn and James Crawford's land,
in the county of Huntingdon, fi-om the m<mth thereof to the
bridge across the same at or near Knnis' fording.

Shenango. or Pymatunlng creek, a branch of Beaver creek, from the
mouth of the same up to Its source

Sidling Hill creek, from Its mouth to the mouth of Woodenbrldge
creek.

Sinking creek. In Centre county, from the mouth thereof to Christian
Keller's mill.

Slnamahoning. See Wikoff's lor Wykoff's) run, a tributary of Slnna-
mahonlng creek.

Sinnamalioning (or SInnemahonIng) creek.

Siniieniahonliigcreek. In the county of Lycoming, from the mouth

to the forks thereof, at the place called the Driftwood.
Bennct's liranch of Sinnamohing. in the county of Clearfield,

from the mouth thereof up to the Beaver dams, so culled.
SInnemahonIng creek, the North Itranch. in McKean county.

from the Driftwood to the mouth of .North creek,
east liranch of the Sinncnuihoniiig. or the tlrst fork from Its

mouth. In the county of Lycoming, as far up as the mouth of

the Stiuth Lick branch of the said stream.
Sinnemahoning creek, from the point where it is now a highway,

up to Stephen Buniiy's. in Houston township. Clearflelil county
east fork of SInnennihoning creek, fmm the mouth thereof to

the mouth of Jamison liranch of said east fork. In I'otter

c<iuiity.
Portage branch «if the SInnemahonIng creek, from Its mouth in

Shippen township, McKean county, up t4i Cowley's branch. In

Portage township. In the county of I'ottcr.
the tlrst fork of Sliineniahonlng creek. In the countv of I'otter.

from the mouth of the South LU-k branch tlicreof,"as far up as

the mouth of the I'routy run.

Six's creek. See Conondau creek.

Six Mile run. See Forge run In Centre county.

Slate, or Tomb's run. See Tomb's run.

Slate Lick run. In the county of Cambria,
Philipsburg road.

from the mouth of to the

run. In the county of Cambria (one of the branches of Beaver
Dams) from the Klien.-burg and IMiilipsliurg road, at or near
James M(t;oughs saw-niill. to John Adams' saw-mill, near St.
Augustine. In Clearfield township. In said county of Camliria.

Soldier run. In the county of JefTerson, from the mill of William H
Keynolds to the Clearfield county line,
in the county of Jefferson, from .M<Crelght and Warnock's ( for-
merly Wlllam H. Reynold's! mill to the Saudy Lick creek. In
Winslow township, in said county.

Spring creek. In the cf.unfy of KIk. from the big forks of said Spring
creek to Its mouth, to all Intents and purp^»es as are other
streams that have been declarcil navigable,
see .Spring run.

Spring creek In the county of Mifflin, fn-m the month tif same aa far
up as the mouth of Logan's creek.

Spring creek. In Warren county, from its mouth t<i a point wli»re the
road leading from Franklin tliioiigh Warren countv. kii a direc-
tion to ('hatau<|ua lake, crosses the same.
In lhec<iunty of Warren, the main liranch ">t fioni the nmufh of
said stream to where the .same «ios>es tbe frawfi nl coiniy
line, and also tlie southern bniticli of said •>tiv;ini. from tho
mouth oi Hald southern branch, until where the same crosses
the Titusvllle road, in Warn'n county.

Spring run. from Its Junction with Trout rvn. np to the Spring run
mills, now owned liy W. II. F.arley. 1.. D. Brewster and Charles
St. Jfhii. In the township of .lay. in the «(uiii\ of KIk. and all
dams erc( tol or lii-reafter t" be eieried xliall have t Imtes M.cir-
structed as to allow the free passage of lumber, timber and logs.

Stony creek, from Its mouth up to Peter Berkev's mills. In the
county <if Somerset,
from and Immediately iieUiw the mill dam of Peter Berkey, Wtta.
to the mill dam of (icorge Klminel, Esq.

88

Report of the
Table Continued.

[No. 15,

Date «>k the Act.

1864. April 8. F. L. 336.

1848. April 11. V. L. 541.
C858, Kebruary 25. P. L. 50.

na*). Mari'ljUl. I-aw Book II. p.
493.

ttOI. Kebruary 21. Law Book VII,

p. 249.
W31. January 17. P. L. 21.

r»32, May 3. P. L. 431.

f814, March »!. I^aw Book XIV,
p. 404, P. U. 'Mi.

WW. April •;. I'. L. 3«9.

1.S52. April 14. P. L. 344.

1771. Marth 9. Kccd A. Vol. V.
p. 4U1.

1813 ManhW. Law Book XIV,

p. 74. I*. L. 237.
MIft. March 4. Law Book XV. p.

129. P. L. 05.

IMlti. Mari-h 19. Iaw Book XV.
p. 572, P. L. 1S2.

I8U2. February 22. 'Law Book
Vlll. p. 53. P. L. 73.

RIVEH AND STKEAM DEOLAKED A PUBI.IC HKJHWAY.

IH37. Manh 2. Law Book XX. p.
611.

l«Xt, April i. P. L. 360.

18.52. May 3. P. L, 52<;.
IH55. March 27 P. L. i;«.

1857, May 12. P. L. 4(i2.

18;iC. March 29. P. L. 21S.

IS15. March 13. Law Book XV.
p. 314. P. L. IHl.

18:!8. Ai.rll It;. P. L. 501.

1798. March 31. Law Book VI. p.
345.

Stony Kork creek. In Delmar and MorrU townships. In the county
of Tioga, from Its mouth up to Daniel Osborn's, In lielmur town-
ship.

Stump creek. In the county of .Jefferson, from the forks of Big Mahon-
ing to the Cleartleld county line.

Susquehanna Portage creek. In the township of Portage. In the
county of Pott«r. from the saw-mill of E. D. Slzer. up to the Salt
Works, In said township.

Susquehanna river, from the division line of Mar>land. upwards to
the town of Northumberland, and theuce through the two
branches throughout the whole length,
down to the Maryland line.

the West branch of the river Susquehanna, from the Cherry Tree
or Canoe Place, up to. lohn I>tniglas.s" saw-mill. ,

the We.«*t lirancli of the river Susquehanna, from .John IKniglass
snw-niill. in Cambria county, up to the fork of said branch, a
distance of about three miles.

Sugar creek. See Big Sugar creek.

in the county of Brailford. fn>m the mouth thereof, up the main
branch to kich's mills.

Sugar Creek lake, the outlet thereof . In Crawford county, from Sugar
Creek lake to where it enters Big Sugar creek,
and its inlet westerly, as far as the Oil creek road. In the county
of Crawford.

Swatara. See Little Swatara.

as far up as P. Kettle's mill-dam.

Swatara creek, from .lolm Weidmnn's forge dam. In the <'ounty of
Dauphin, to (iood Spring creek, in the county of Schuylkill,
the south branch of. in Schuylkill county, fr^)m the mouth thereof
to Jacob Capp's saw-mlU.

T.

Tamaqna. commonly called Llltle Schuylkill, from Its confluence
with Big Schuylkill to David lx)ngairre'8 saw-mill.

Ten-mile creek. fn>m the mouth thereof at the Monongahela river
up to the main tork. and thence up the south branch >>f siild creek,
as far as Jacob Adam's mill, near Waynesburg, in the county of
(jiMHJne.*

Te<inista. See Tifmesta.

Tiouesta (or Teonlsta) creek.

Teonlsta creek, from Its mouth where It enters the Allegheny river

In Venango county. U> the main fork of said creek. In Warren

county, about sl.v miles above ihe north llncf Jeffers.m county.

the north branch of Teonl.Ha creek. In the cciunty of >%arren.

from the mouth of said branch, tifteen miles up said stream.

Tioncsta cr»'ek. from the forks in Warren county, to the south line of
Sergeant towhship. In McKean county. , ..

the west branch of Tionesta creek. In Warren county, as far up
said stream as the west line of lot number tive hundred and
ninetv-seven. in <:herry Grove township. In -aid cunty.

and the branches thereof abtive Joseph Hall's mill, in Meati
township. Warren ct>unty.

Thompson's branch. See OH creek. Thompsons branch of.

Tilly lute creek. In the county of Warren, from Its mouth to the se«ond
fork of the same.

Tioga river, from the line of the SUte of New York to Peter s Camp,
in the county of Tioga.

Tobyhnnna crex'k. in the county of Monroe, from the river Lehigh to
the Junction of the Tuukhanna.

Toby's (or Toby ) creek. See Little T«)by*s creek,

Toby's creek, from the mouth of the second fork.

'•The act ♦'.March. IH(i3. P. L. 113. repeals ••any act of Assembly now In force, declaring Ten-rallo
creek a public higliway. s«i far as relates to said creek from lis head-waters to the Ix.rougli of Waynes-
burg, in the county of Ureeue. "

Off. Doc.]

State Commwsionees of Fisheries,
Table Continued.

89

Date of the act.

1851. April 14. P. L. Vol. 30. Ap-
pendix p. 716.

1859, April 11. p. L. 506.

18I«. March 19. Law Book XV. d
572. P. L. 182.

1813. March 2»i. Law Book XIV.

p. 1. P. L. 189.
182»i. April 10. Law Book XX. p.

412. P. L. Mi.

1851, Aprils. P. L. 384.

1863. April 22. P. L. 52(5.

1852. May 4. P. L. rm.

1851. April 14. P. L. Vol. 39. Ap-

l»endix p. 71(i.
1849. April 10. P. L. (S3.

1870. April l(i. p. L. 1218.
186(!. February 15. P. L. 48.

1828. April 14. Law Book XXI.
p. 42.. P. L. 478.

«

1860, April 3. P. L. 618.

1838. April 16. P. L. 682.
1851, April 12. P. L. 479.
1860. April 2. P. L. 576.
1859. April 11. p. L. 4»4.

1796. February •2»;. Law Book VI

p. 61.
isar April 4 Law Book X, p.

19b. 1'. L. "/77.

1854, April -20. p. L. 396.

1861, April 14. P. L. Vol. 39. Ap-
pendix p. 716. *^

*T"i6;rV"L'^H4 ''"" ^*^^ ^^'

Riveh oh Stream Declared a Public Highway.

Tomb's run.

*VY«V wUh"mn'l.'?.r«„l" ?^ ?P""*y of Lycoming, from its connec-
lion witn Fine creek, six miles up said run.

'^U^sourees®'"'"'""*' •"^'' *'"*'' •''^*"'' '° "'« *^""'y "f Lycoming. U,

'^VhI.^'^mfofT^r'!; f^^n^V f^a^awls^a creek, from Its mouth u,

Parker and Hi?.h.t^ ""^^'V^!.^^" -'w"'™"''" Warder. Jeremiah

1 arxer and Kichard Parker, called Turn Hick.

Towanda creek in the county of wradford. from the mouth thereof
up the main branch to Spaldings mills. «"'""•

ltoger's'"creek."'''' *""" *''*' '"""^•' thereof up to the mouth of

'"Mm„r^"r.!'i'it '" ^^'*'^^"J^ county, from the m<.uth to David
Miller 8, in All)any township, in said county.

'^"'"Vrl'.";ir/r\.'I; ™''"th to the mouth of Spring run. And all dams
^/^V^fA!."l*^"?."*'V" *•*■ Precte.!. shall have <hutes so con-
«n .r.» .! ^. ."^ ^'V'A','"' free passage of lumber, timber and logs.
KH» ml i"H V'*^'*'.'''".'^*'''^' '"■'"" *he mouth of said run, to the
saw-mill of Joseph >haw. u[Min said run.

in the county of KIk. from its connection with Bennett's branch
of the sinnemalioning. ten miles up said run.

«hr-V.r"u"^"'''''M"^'»<""''""*y o' Lycoming, from its mouth
three miles up said stream.

In the county of Lycoming, from Its mouth, on lands of A. H
Mcllenry. where it empties Into Pine creek, to the head of its
main branch, in said county.

Tunkhannock creek, from its mouth In Tunkhannock borough, in

ww"'i"'''*'lI""*T'. '".'.' '"''"^ "•'*'"' ^'•e l>flHwar«'. l^ckuwanna and

' iV^l.^lHi i*^""' *"■'''«« crosses said creek, in Nicholson township.

Tuneanquant or Tunnangwant creek.

Tiinnangwant creek, in McKean county, from the New York State
line up the stream to the Junction of the s<.uth and west branches
and t.| continue up the west branch <.ne mile, and up the south
bran«-h two miles, from said Junction.

'^'ViT'J."'.'.'."!."!^''"'^'^' V' »•;«•''<"'" township. McKean county, fr<im
the mouth thereof, six miles ui> said creek.

Tunnangwant. See Teneanquant.

Turtle creek. In Allegheny county, from the nMHtth thereof, up the
said stream as far as Brush creek, in Westmoreland c«)unty.

Twolick creek, from its mouth (at Blacklick creek. In the county of

Indiana I. up said creek to the Junction of the north branch of
said creek.

east branch of. from Its mouth up to the bridge over said creek
on the public road from (ireenville to the Cherry Tree, in Indi-
ana cotinty.

north l.riinch of. from its mouth, near the line of Greene and
Ihcrryiiill townships. In Indiana county, up to John Butter-
baugh's mill, in said township of Greene.

Tus<arora creek, in Mllford township, in the county of Mifltlln. from
the mouth then'of. to Thomas Beale's niiii-dam.

all that part of. situate lietween the uth then'of and the forks

near to .MorniWs mill, which has not Ikhmi declared a public
highway by the act to which this is a sui>plement. pa.ss4>d ibe
twenty-sixth day of Feliruary. one thousand seven hundred and

nlnety-sIx

be

nd

Two-mile run. In ShetWeld township. Warren county, from Its nu.uth
to when' it Intersects the line of lot. known as sub-divlsion number
two hundred and thirty-one, McKeau county.

U.

rber branch. See Little Mahoning creek.

Pppcr Pine Bottom run. in the county of Lycoming, from Its connec-
tion with Pine creek, three miles up said run.

W.

Wallenpaupack creek. In the county of Wayne, from the falls therof
at Wllsoiivllle. to the forks of said creek, and thence up tlie west
branch, to where the north and s<iuth road crosses, and up the
south branch to the upper end of Newfoundland settlement.

90

Report of the
Table Continued.

[No. 15,

DATE on THE ACT.

UIVBU OK STUKAM DKOLAKED A TCBLIC HlGHWAV,

ISJa, April 13. P. I>. 212.

180."». April 4. I>»w Book X. p.
174, v. L. 'i«i.

I8.i3. May 4. P. L. 668.
18tl7. April 5. P. L. 819.

1857. May 12. P. L. 4.W.

I*i4. Mhv 21. P. L. Vol. 52, Ap-
|H>U<lt.K p. i<29.

181H. Miirt'h 2('.. Law Book XIV.
p. 1, P. L. 18V.

18»W. April 2. P. L. 578.

180.V April 1. Law Book X, p. l.'it;,
P. L. -tlO.

I8ti7, March 1. P. L. 317.

1830. April 11. P. L. 467.

1824. March 2<.». Law Book XIX.
p. 301. P. L. 19B.

1S70. April «. P. L. 1006.

ls,-..5. Mar<h21. P. L. 441.

18;«, April It;. P. L. 682.

ls,%8. April 21. P. L. 404.
ISCit. April 10. P. L. 837.

18.10. March 25. P. L. 280.

lH7:f. March 26. P. L. 421.

Hit. KoNruary ♦;. I>aw BcMik IX.
p. ;ill. P. L. 64.

lhU;l. .laniiary 21. Law Book XIX,

p. I.U. P. L. i:i.
1827. Miti.li 2. Law Book XX, p.

oil, P. L. 67.

\VapaR«'»>nliiK creek. In Bradford county, from the New York State
line up to Joseph Elbree's mill.

WyalusInK creek, all that part of. nltuate between the mouth thereof
and Piekelfs mill, near the forks of said creek.

West branch. See S;us<juehanna river. West Branch of.

West creek. In the county of McKean. from the mouth of said creek
to the Klk county line,
in the counties of Cameron and Elk. from the mouth to the source
thereof.

West fork. See Clarion river, West fork of.

Whetstone creek. In ClearHeld county, from Its mouth three miles up
said i-reck.

White Deer creek ( a tributary <>f the West branch of the Susquehanna
riven and the north and stuitli forks, forten miles from the mouths
tif said forks, subject to the further provisions of this act.*

White Deer hole. In the county of Northumberland, from Its con-
fluence with t\\f West brunch of the Susquehanna, up to Samuel
Foreman's mill ilum.t

Whitmore run or creek, in the county of ClearHeld. from Its mouth to
Joseph Pattersons saw-mills, In said county.

WicolTs. See WycoH's run.

Wicimlseo or Wyc<uilsco.

I Wy con I SCO creek. In thi- county of D.iuphin. from the mouth thereof
to Isaac Kerree's mill dam.

Wlconisco «reek. from Oakdale foru'e. In Dauphin county, to the
publU- road leading from Clark's Valley to Trcmont. in Schuylkill
c< unity.

Willow creek, from Its mouth. In Warren county, to Its source. In
McKean county.

Wills creek, that part of. in the county of Bedford, between the
saw-mill erected by Henry Lyborjiier and the Maryland line.

Wilson's fork of the Clarb.n river, fr un the town of Wlleox. In Klk
countv. to where the M<-Kean county line crosses said stream, for
the piissajfe of rafts, hms. tlml>er and the onllnary purposes of
descendint: navigation as necessary for lumberiuK purposes.

Wilxon's run. In the lownship of Chest, in tU>' county of Cleartleld.
from it" mouth to the Hrsl fork of said run. In the Henry Musser
survey.

Wooden Brblue cr ek. In the county of Bedford, from the mouth
thereof and up the said stream as far as Hustons saw-mill.

Wollls' run. In the county of Lycomlntf.

Woodi-ock creek. In the county of Crawford.

WvcotTsor WIcolTs run. . .... ....

" Wycoff s run. in the county of Clinton from Its Junction with
the SInnemahonlnK. for six miles up said run.

WicofTs run. a tr!t»utary of the Slnnemahoninn creek. In the county
of Canu'ron. from its uiuutli to the ^oun•es thereof.

Wyosox or Wysox creek. . , »

Wvosox creek. In the town of Claverack. In the county of Lu-
cerne, from the mouth of the same to Jacob .Myers" mill dam.

WyBt)X creek. In the cimnty of Bradford, fi-om .Myers" mill to Barnes'
mill, the distance of alMUil four miles. ,,.,,,

from Sylvester Barnes' mill up to Lent's sjiw-mlll. In Bradford
eouoty.

• An act to Incorporate the White Deer Improvement C.impnny. i ..... »k„ wi

<■ 'Phe act of :»l March. 1H22. repeals " " so much of the act of •,••'. March. HIS. as declares the W]

Hole creek a public hlifliway from Stit/.el's for»ie to Samuel Foresman s mill dam. In Northu

' ":*TheaVt of lIlAprll. ^1868. repeals bo much of this act as relates to Schuylkill county.

White Deor
mberland

Off. Doc.]

State Commissioners of Fisheries.
Table Continued.

91

Datk of tuk Act.

I860. March 27. P. L. 295.

1782, April 13. Law Book No. I.
p. 622.

1842, August 2. P. L. 467.
1848, April 11. P. L. 539.

RivGB oit Stream Declaiied a Pitblic Highway,

Y.

^f.V*ih JTr."*" '" I''® wunty of Indiana, from its mouth to tho forks
Kf !?P/"'" T'*'''' "''*'"■ ^•'® """ "f ^'•"•'l> Valley and Pine townships.

YouKhkignny river, as far up as It can be made navigable with boats
ADQ cruits.

^*^w?.f.T[*^°2'"'i^^'"^^^' '°..**'® county of Clinton, eommenelnK at the
mouth of said creek and extending twenty miles up said creek.

Youngwomanstown creek. In the county of Clinton, and Its four
principal branches, from their mouths to the northern part of Clin-

Official Document.

No. l.*;.

INDEX.

Allentown, state hatchery at, 60.

Appeals from summary convictions, 67, 59.

Appointment of Fishery Commissioners, 36, 37.

Appropriations to Fishery Commissioners, 37, 30, 40, 41, 42, 43, 44 45 '.9 m

Armstrong county, dams in Crooked creek, 45. .»•-,.

A nests, warrants of, to issue, 26, 67.

who may make, 37, 49, 52, 63, 56, 59.
Artificial propagation offish, 24.

^I^^V^^m/^^'

B.

Bail, to answer for violation of fishing laws, 27.

Bait fish, 24, 33, 49, 52, 50, 59.

Bankets, fishing with, 22, 23, 28, 48, 51, 66, 56, 68, 62.

Bass, 26, 32, 3^^ 48, 49, 52.

Haas, hla<!k. 26, 32, 33, 48, 49, 52.

Bass, catching of, under six inches in length, prohibited, HZ, 49, 52.

Bass, rwk, caU-hing of, under five inches in length, prohibited, 66.

Brush nets, fishing with, 23, 25, 48, 61, 55, 68.

Boaus, forfeit u 10 of, by persons fishing contrary to law, 64, 67.

Bond of Fishery Commissioners, 30.

Board of Port Wardens, 19.

Brook trout, 25, 32.

Burgesses, duties of, 27.

c.

Caliiornia trout, 32.

Canals, right to fish in, 15.

Carp, Herman, 34.

Cast nets, 33.

Cat fish, 64.

Certiorari, In cases of summary convictions, 67, 69.

Clark's Ferry dam, fish ways in, .39, 40.

Clerks of markets, duties of, 27.

Clinton county, trout fishing in, 35.

Columbia dam, fish way In, 29, 39, 43, 60.

Commitment to Jail, upon default in paymetit of penalties. 24, 27. 48. 66 5S

Common fishery, 17.

Common of fishery, 18.

Compost, food fish caught for, .^S.

Confls<:tttion of nets, etc., unlawfully used for fishing, 31, 66, 68.

94

Index.

[No. 15,

Contracting for trout fishing, 35.

Constablea, duties of, 31, 49, 52, 5fi, 59.

Conviction, limitation of, 27, 3o.

( •orporations for the protection of fish, 29, 46.

Corry hatching house, 44.

Costs of suit a charge upon counties, 28.

Crooked creek, dam in, 45.

Culm or coal dirt not to be deposited in streams, 23.

B.

Damages for invasion of tishing rights by the building of wharves, 19.
Delaware river, fishways in, GO.

right to soil, 13, 61, 62.

shad in, 30, 39, 40, 47, 48, 50, 53, 54.

use of gill nets, etc., in, 25, 51, 54, 55, 62, 63, G**.
District Attorney when to bring suit, 28.
Docks, fishing from, 20.
Donegal Springs directed to be sold, 38.

E.

Kols, 54.

Eel weirs, 22, 23, 25, 51, 55, 5b.

Erie, Lake, fishing in, 35, 56, 58.

hatching house at, 44.
Explosives, use of, for catching fish, 28, 29.

F.

Ferlili'/.cr, food fisli caught for, 58.
Fish, larceny of, 16.
property in, 7.

|>ossession of, caught out of season, 26.
right to capture, 7, 8.
I ight to, in the ocean, 9, 10.
right to, subject to statutory regulation, 19.
private right to, may be sold, 9.
wardens, how appointed, 37.

duties of, 38, 49, 52, 53, 56, 59.
salaries of, 38.
Fishery, what is, 17.
Fisheries Commission established, 36.

Commissioners, duties of, 22, 36, 49, 53, 56, 68.
numt>er of mcreased, 37.
vacancies, how filled, 36.
bond of, 36.

may appoint fish wardens, 37, 38.
to approve construction of fishways, 37.
authorised to sell Donegal Springs, 38.
to purchase a site for artificial propagation of fish, 38, 41.
may consent to obstruction of fishways, 30.
appropriations to, 37, 39, 40, 41, 42, 43, 44, 45, 69, 60.
Fishing by drawing off waters, 33.
how exercised, 16.
on Sunday, 22, 48, 61.

Off. Doc]

Index.

95

Fishing with baskets, nets, etc., 22, 23, 28, 48, 51, 55, 56, 58, 62.
with seines, fyke and other nets, 25, 47, 48.
with rod, hook and line, 22, 24, 50, 52, 64, 66.
Fishways in Columbia dam, 29, .39, 43, 60.

in Crooked creek, 45.

in Green's dam, 39.

in .Juniata river, 39.

at I.ackawaxen, 60.

Shamokin dam, 40-44.
Free fishery, 18.
Fyke-nets, 47, 48, 49, 50, 61, 52, 54, 55, 56, 58.

G.

German carp, 34.

Gill-nets or seines, 25, 33, 47, 48, 50, 51, 54, 55, 63, 66, 69.

Grass bass, 32, 33.

Grass pike, 34.

Green's dam, fishways in, 39.

Green bass, 32, 33.

Gross fishery in, 18.

IIan«l-nets. 33.

Herring. 50, 54.

Highwuvs, streams declared public, 20, 21.

lloop-nets, 25.

Incorporated societies for protection offish, 29, 46.

power to appoint police, 46.
Indiana count}', dams in Crooked creek iu, 45.

J.

Juniata river, fishing in, .39, 40.

shad in, 31.
Jurisdiction over the sea, 9.

over navigal>le waters, 13.

over the Delaware river, 13, 61, 62.
Justices of the peace, procedure before, 26.

Kiddles, fishing with, 22, 2.3, 25, 51, 55.

K

Lackawaxen dam fishwaj', 60.
Lake Erie bass, 32, 3.3.

fishing in, 35. 66, 58.
Lakes, non-tidal, II.
Lake trout, 32.
Larceny of fish, 16.

Legislature, control of streams vested in, 19, 20,
Limitation of actions, 27, 35.
Lycoming county, trout fishing in, 35.

96

Markets, duties of clerks of, 27.
Mayors, duties of, 27.
Monopolies fishing, 14.
Mountain trout, 32.
Muscallonge, 34.

Index.

M.

[No. 15,

Off. Doc.]

N.

Navigable rivers, what are, 12.
streams declared, 20.
Navigability, what is, 20.

Nets, 22, 23, 25, 26, 28, 30, 31, 47, 48, fiO, 51, 52, 53, 54, 55, 56, 58, 66, 69, 70, 71.
New Jersey, right to soil in Delaware river belongs in part to, 61.
Nuisance, nets unlawfully anchored, 71.

Obstruction of fishways, 29, 30.
Ocean, bed of. 10.
Olliccrs of lisli corporations, 29.
Owners of private ponds, 26.

P.

Penalties, appropriation of, 23, 26, 28, 30, 31, 35, 46, 50, 53, 57, 59, 68.
Pennsylvania, Commonwealth, right of, in waters, 13.

right to tish in waters in, 14.
Pickerel, 32, 34, 56.
Fike, 32, 34, 41». ..2, 65, 56.

Poisonous subHtances, placing of, in streams, 33.
Police, appointment of, for lish corporations, 46.

duties of, 46, 49, 52, 53, 5«J, 59.
Pollution of streams, 23, 24, 33, 35.
PoncU, private, ijd.

Pool or fishing place in Delaware river, 02.
Potter county, trout tishing in, 35.
Powder, »ise ol, for killing lisli, 28, 33, 36.
Propagation and protection of lish, 37, 38, 39, 41, 42, 48, 44, 46, 59.

site to be purchased, 38.
Property in lish, 0.

in water, 8.
Public fishery, 17.

riifht to fish, 17.

right to navigate, 17.

Kaoks, fishing with, 22.
Riparian owner delined, 8.

right to fish, 16.
Rivers, navlgahb*, what are, 11, 12, 13.
Kock bass. 32. 4S. 52.

Rock bass under rt vp inches in length not to be caught, 62, 66.
Rod, hook and line, 22, 34. 50, 52, 64, 66.

Index.

a

97

Salmon, 31, 32.

Schuylkill river, 31.

Search warrants to issue, 27.

Sea salmon, 31.

Seines, sweep of, in Delaware river, 63.

Several fishery, 17.

Shad, 30, 31, 37, 40, 47, 50, 54, 64.

Shamokin dam, fishing in, 40, 44.

Shell fish, II.

Sheriffs, right to destroy fish baskets, 23, 56-68.

Shore of sea, ownership of, 10.

right to use of, 10, 15.
Soil, ownership determines right to fish, 9.
Soil under water, ownership of, 8.
Spawning times, notification to public of, 22.
Speckled trout, 25, 26, 29, 31, 32, 33.
State, streams vested in, 19, 20.
Sturgeon, 34-54.
Suckers, 54.

Suits, limitations of, 27, .35.
Sullivan county, trout fishing in, 35.
Sunday fishing, 22, 48, 51.
Susquehanna salmon, .32, 48, 62, 56.
river, shad in, 31.

T.

Term of Fishery Commissioners, 36.

Tioga county, trout fishing in, 35.

Trenton Falls, 30, 47, 50, 54.

Trespass, actions of, for fishing in another's waters, 17.

action of, for entering another's land to fish in his waters, 16.
Trespassing on private grounds, 24.
Trout, 2.5, 26, 2t», 31, 32, 33, 35,

V.

Vacancies in Fishery Commission, how filled, 36.
Vessels not to anchor in fishing grounds, 64.

w.

Wall-eyed pike, 32, 49, .52.

under five inches in length not to be caught, 49, 52, 55.
Warden «, Board of Port, 19.

Fish, powers and duties, 37, 38, 49, 62, 63, 66.
how appointed, 37.
salaries of, 38.
Warrant of arrest, 26, 67.
Water bailiff's, how appointed, 37, 38.
duties of, 37, 38.
salaries of, 38.

7a Fish.

98

Water, property iu, 8.

right ol riparian owner to, 8.
Wharves, fishing between, 20.
Willow bass, 32, 33.
Wing walls, 48, 51, 55, 62.

Index.

[No. 1$.

Yellow bass, 32, .%3.

END OF YEAR