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FISH
AND
GAMB
LAWS
OK NKW JKRSEY >^c
-^-^ ) X-< C'
1908
THE BOARD OF
FISH AND GAME COMMISSIOJMERS.
B. C. KUSER, President Trenton.
WM. A. LOGUE, Treasurer Bridgeton.
PERCIVAL CHRYSTIE,./ High Bridge.
SIMEON H. ROLLINSON, West Orange.
WALTER H. FELL, Secretary Trenton.
For convenience of reference this publicatipn
has been divided into the following parts:
A compendium, giving a synopsis of the more
important laws.
The general fish and game laws, enactments
applying to all persons in all parts of the State.
Special and local laws, pertaining to parts of
the State.
The Delaware River, enactments pertaining
to shad, herring and other fishing in the
.Delaware.
Appendix, laws relative to trespass, destroy-
ing woods, and the payment of bounties on
foxes.
Enforcement of laws.
Abstract of decisions.
COMPENDIUM.
Under the laws of 1908, the State is divided
into two hunting sections, one north and the
other south. For the counties and the seasons
in the respective sections, see below.
NORTHERN SECTION.
The counties in the Northern Section are:
Passaic, Sussex, Morris, Warren, Essex, Hun-
terdon, Somerset, Hudson, Union and Bergen.
SOUTHERN SECTION.
The counties in the Southern Section are:
Middlesex, Monmouth, Mercer, Burlington,
Ocean, Atlantic, Camden, Gloucester, Salem,
Cumberland and Cape May.
SYNOPSIS OF CHANGES MADE IN 1908. ,
Northern Section. — Open season for wood-
cock, ruffed grouse, quail, English or ring-
necked pheasants, prairie chicken, wild turkey,
rabbit or squirrel, in Passaic, Sussex, Morris,
Warren, Essex, Hunterdon, Somerset, Hudson,
6 COMPENDIUM.
Union and Bergen counties, October 15 to.
December 1, both dates inclusive.
Southern Section. — Open season for the
above in Middlesex, Monnoioutli, Mercer, Bur-
lington, Ocean, Atlantic, Camden, Gloucester,
Salem, Cumberland and Cape May counties,
November 15 to December 31, both dates in-
clusive.
Northern Section.— Open season for gefese,
'duck, brant, swan and water fowl, in Passaic,
Sussex, Morris, Warren, Essex, Hudson, Som-
erset, Hunterdon, Union and Bergen counties,
October 15 to January 1, both dates inclu-
sive.
Southern Section. — Open season for ducks
and other water fowl, except geese and brant,
in Middlesex, Monmouth, Mercer, Biirlington,
Ocean, Atlantic, Camden, Gloucester, ^alem,
Cumberland and Cape May coonties, November
1 to March 15, both dates inclusive.
Southern Section. — Open season for geese
and brant, in Middlesex, Monmouth, Mercer,
Burlington, Ocean, Atlantic, Camden, Glou-
cester, Salem, Cumberland and Cape May
(Counties, November 1 to March 25, both dates
inclusive. It is unlawful to shoot duck, geese,
brant or water fowl after sunset.
All non-residents must procure licenses be-
fore hunting for any kind of game or fowl.
This includes all water fowl and shore birds.
COMPENDIUM. 7
License may be obtained from county clerks.
Cost, $10.50.
Non-residents holding licenses may remove
from the State birds to the number of fifteen,
and rabbits not exceeding ten, provided they
m
are exposed to open view.
Every unnaturalized foreigner must take out
license before hunting. License fee, $10.50.
Said license may be procured from the clerk
of any county, city, town or township or other
municipality.
Game may be brought into this State from
another State where the law permits its re-
moval, but such game must not be sold or ex-
posed for sale.
Open season for spearing eels and suckers,
in all streams and in all lakes and ponds of
less than one hundred acres, is from February
20 to June 30, both dates inclusive. This law
applies only to fresh waters.
It is unlawful to take sturgeon, in the Dela-
ware river, with a net of smaller mesh than
thirteen inches, or to take sturgeon under five
feet in length.
Fish baskets with wing walls may be used
in the Delaware river, above Tt"enton Falls,
from one hour after sunrise to one hour before
sunset, for the purpose of catching eels, suck-
ers, carp and catfish, by obtaining license
8 COMPENDIUM.
from county clerk; fee, $1.25. The season for
using such fish baskets is from August 15 to
December 1.
OPEN SEASONS FOR FISH AND GAME.
The open seasons, when fish may be lawfully
taken by the use of hook and line, and game
by the use of gun held at arm's length, are:
Woodcock, rufCed grouse, quail, EInglish or
ring-necked pheasants, prairie chicken, wild
turkey, rabbit or squirrel. See above.
Geese, duck, brant, swan and water fowl.
See above.
Gray, English or Wilson snipe, March, April,
September, October, November and December.
Rail bird, marsh hens or mud hens and reed
birds, September, October, November and De-
cember; not more than thirty marsh hens in
one day.
Plover, August and September.
Brook trout, April 1 to July 15.
Black and white bass, crappie, calico bass,
and pike-perch. May 20 to November 30.
Pickerel and pike. May 20 to November 30,
and January.
See Chart on back of title page.
COMPENDIUM.
IT 18 ILLEGAL AT ALL TIMES:
To capture, kill, Injure or to have in pos-
session insectivorous and certain other birds
and to rob birds' nests.
To hunt geese, ducks or any water wild
fowl, except between one hour before sunrise
and until sunset; to hunt any kind of water
wild fowl from boats not propelled by oars or
paddles.
To catch or keep trout less than six inches
in length, black or white bass less than nine
inches in length, or pike-perch, pickerel and
pik€ less than twelve inches in length.
To take trout, bass, pike, pickerel and pike-
perch between 9 p. m. and daylight.
To permit dogs to run rabbits at night at
any time, or to run at large in woods or fields
inhabited by rabbits or game birds except
between the first of October and the first of
February, or at any time in woods or fields
inhabited by deer.
To remove quail, grouse, woodcock, squirrel,
hare, Ehiglish or ring-neck pheasants from the
State. Non-residents holding license, may re-
move in any one day fifteen fowl and ten rab-
bits, provided same are exposed to open view.
To kill more than thirty marsh hens or mud
hens in one day.
10 COMPENDIUM.
•
To lake or attempt to take any game except
by the use of guns held at arm's length.
To take or attempt to take any fish in any
manner excepting with hook and line, exj-
cepting taking minnows for bait with a seine
not more than thirty feet long, excepting in
ponds and lakes having an area of over one
hundred acres, where seines of fifty feet in
length are permitted for bait fishing; taking
eels with baskets or weirs between the fif-
teenth of September and the last of October,
and taking eels with wicker baskets anchored
on the bottom of streams and ponds.
To hunt or kill deer at any time.
To have trapped game in possession.
To hunt on Sunday or carry firearms In the
fields or woods or on the waters on Sunday or
to hunt for quail, partridge, pheasant, wood-
cock or rabbits when there is a tracking snow
on the ground.
To pollute streams.
To use medicated bait or explosives of any
kind for taking fish.
To draw off water to take fish.
To use set-lines in waters inhabited by
pickerel, pike, pike-perch, bass or trout, or to
use any contrivance in fishing having more
than three hooks or one burr of three hooks
or to have such contrivances in possession.
COMPENDIUM. 11
To permit the erection or maintenance of
unlawful contrivances for taking game and
fish; applies to owners and tenants of lands.
Tq use carp for bait or in any other way
to put carp in fresh water.
To take fish through ice in fresh waters.
To hunt reed birds after sunset or before
sunrise.
Fines for violation of tlie above laws are
from $20 to $200.
Dogs running at large may be killed under
municipal regulations.
Farmers and fruit-growers have the right to
trap rabbits under certain restrictions.
Dealers have fifteen days after the close
of the season in which to dispose of game.
The taking of yellow and white perch, cat-
fish, sunfish, suckers and eels with hook and
line only is permitted at all times of the year,
provided, that not more than three hooks are
used.
Any farmer who will sow buckwheat and
allow it to remain standing as food for quail
will be furnished free seed for the same by
the Commission.
12 COMPENDIUM.
LIST OF REGULAR FISH AND GAME
WARDENS.
James M. Stratton, Fish and Game Protector, Long
Branch, Telephone No. 186L.
COUNTY. NAME. BBSIDBNCB.
Atlantic ....William B. Loder. .Egg Harbor City.
Bergen Ward Varian Demarest.
Burlington . . Howard Ma this New Gretna.
Camden .... Lawrence T. Doran, 1115 Mechanic St.,
Camden.
Camden Chas. W. Folker. . .801 Kimber St.,
Camden.
Cape May ...Stephen Reeves .... West Cape May.
Cumberland. .Fred S. Conner. . . .Bridgeton.
Cumberland. .Geo. W. Phifer Ormond.
Essex Fred J. Hall Bloomfleld.
Gloucester . .John H. Avis Woodbury.
Hudson . . . .Herbert E. Dane. . .144 Cleveland St.,
Orange.
Hunterdon . .John J. Park White House Sta.
Mercer E. D. Wood Hopewell.
Middlesex . . . Chas. Steuerwald . . South Amboy.
Monmouth . . S. R. Knight Spring Lake.
Morris Mahlon Smith. . . .'.Lake Hopatcong.
Ocean Anson J. Rider. . . .Tuckerton.
Passaic Edward Shorter. . . .99 Market St.,
Paterson.
Salem E. R. Davis Salem.
Salem Thos. J. Torton. . . .Penns Grove.
Somerset ...George H. Miller. . .Somerville.
Sussex J. B. Hendershott . . Newton.
Union Wm. Hoblitzell. . . .Rahway.
Warren Harry E. Cudney . . Dunnfield.
GENERAL FISH AND GAME LAWS
An Act for the protection of certain kinds of
birds, game and flsii, to regulate tlieir
metfiod of capture and provide open and
close seasons for sucli capture and posses-
sion (Revision of 1903).
Approved April 14, 1903.
1. It shall be unlawful to pursue, with intent
to kill or injure, or in any manner to attempt
to take or injure, and it shall also be unlawful
to kill or destroy or injure, any anatidse, com-
monly known as swans, geese, brant, and river
and sea ducks; rallldae, commonly known as
rails, gallinules, coots and mudhens; limicolse,
commonly known as shore birds, surf snipe or
bay snipe, among them* being yellow legs,
plovers, Willets, sand pipers, dowitchers or
robin snipe, brown backs, curlews, turn-stones
or calico backs, godwits or marlin, tattlers
and woodcock; gallinse, commonly known as
wild turkeys, grouse, prairie chickens, pheas-
ants, partridges, and quails; and the species
of icterid®, commonly known as reed birds;
or any hare, commonly known as rabbit;
gray, black or fox squirrel; or any other game
bird or game animal whatsoever, excepting
in the manner usually known as hunting with
a gun, the gun being such as may be held at
14 GENERAL FISH AND GAME LAWS.
arm's length and fired from the shoulder with-
out rests, an4, at such times as may be per-,
mitted in this act, under a penalty of twenty
dollars for each offense.
2. Nothing in this act shall be so construed
as to prevent farmers and fruit-growers from
trapping rabbits in box traps during the entire
year; provided, however y that such trapping
shall be done on property owned or leased for
the raising of fruit, vegetables or other prod-
ucts by the person so trapping; and provided^
that- the person so trapping shall first have
made an affidavit before a justice of the peace
that rabbits have injured fruit, vegetables or
other products on his or her premises, and
shall have immediately sent the same to the
president of the fish and game commission,
who, upon the receipt of the said affidavit,
shall issue to said person a permit to so trap;
and provided further, that no person or per-
sons shall be permitted to barter or sell any
rabbits so trapped.
3. No person shall, within the limits of this
State, kill or catch, or have in his or her pos-
session, living or dead, any wild bird, other
than a game bird; or purchase, offer or ex-
pose for sale any such wild bird after it has
been killed or caught; and no part of the
plumage, skin or body of any bird protected
by this section shall be sold or had in posses-
GENERAL FISH AND GAME LAWS. 15
sion for sale; for the purpose •of this section,
the following shall be considered game birds:
the anatid^, commonly known as swans, geese,
brant and river and sea ducks; the rallidae
commonly known as rails, gallinules, coots
and. mudhens; the limicolae, commonly known
as shore birds, surf snipe or bay snipe, among
them being yellow legs, plovers, willets, sand
pipers, dowitchers or robin snipe, brown
backs, curlews, turn-stones or calico backs,
godwits or marlin, tattlers and woodcock; the
gallinae, commonly known as wrild turkeys,
grouse, prairie chickens, pheasants, partridges
and quails; and the species of icteridse, com-
monly known as reed birds; the English or
Bturopean house sparrow (passer domesticus),
blackbirds, crows. Cooper's hawk, goshawk,
sharpshinned hawk, duck hawk and great-
horned owl are, however, not included among
the birds protected by this section; any per-
son violating this section is subject to a fine
of twenty dollars for each bird or part of bird
killed, caught or had in possession contrary
to the provisions hereof.
4. It shall be unlawful to rob the nests or
take or destroy the eggs of any wild bird what-
soever, except the nests or eggs of the English
sparrow, under a penalty of twenty dollars
for each nest so robbed and each egg so re-
moved or destroyed.
16 GENERAL FISH AND GAME LAWS.
5. It shall be tfnlawful for any person to cap-
ture, kill, injure or destroy or pursue, with such
intent, any of the game birds or other animals
enumerated in this act on his or her own prop-
erty or on the property of any other person or
persons, except during the seasons and at the
times and) in the manner as in this act pro-
vided, and any person violating any of the
provisions of this section shall be liable to the
penalties provided by this act for the viola-
tions thereof.
6. (As amended April 6, 1908.) It shall be
unlawful for any person hunting or gunning
after geese, duck, swans or brant or other
water wild fowl, to place the boat, sink-box or
other vessel or construction in which such
person may lie in wait to kill said geese, duck,
swans, brant or other water wild fowl, at a
distance of more than one hundred feet from
ice, marsh or meadow, bar or bank, or heaped
seaweed not covered with water; and it shall
be Unlawful for any persop or persons, with
intent to capture or kill geese, duck, swans,
brant or other water wild fowl, to hunt after
or pursue the same in any manner except be-
tween one hour before sunrise and until sun-
set, under a penalty of twenty dollars for
each offense.
7. (As amended May 8, 1905.) It shall be un-
lawful for any person to pursue any goose,
GENEBAL FISH AND GAME LAWS. 17
duck, swan, brant or any kind of water wild
fowl whatsoever, or to shoot, or to shoot at, or
kill or wound the same from any boat or vessel
propelled by any means other than by oars or
paddles, or from any boat, vessel or other
structure anchored or staked upon the waters
of any of the bays, sounds, coves, ponds,
rivers, creeks or streams of the State at a
greater distance than one hundred feet from
ice, marsh or meadow, bar or bank, or heaped
seaweed not covered with water, under a
penalty of twenty dollars for each ofTense.
8. (As amended April 6, 1908.) It shall be
unlawful to capture, kill, injure, destroy or
have in possession any goose, duck, swan,
brant or any kind of water fowl whatsoever,
in the following counties, that is to say: In
Passaic county, Sussex county, Morris county,
Warren county, E'ssex county, Hudson county,
Somerset county, Huntlerdon county, Unioni
county and Bergen county, excepting only
from the fifteenth day of October to the first
day of January, both dates inclusive in each
year, under a penalty of twenty dollars for
each goose, duck, swan, brant or any kind of
water fowl so captured, killed, injured, de-
stroyed or had in possession, and it shall be
unlawful to capture, kill, injure, destroy or
have in possession, any duck, swan or any
kind of water fowl excepting geese or brant
18 GENERAL FISH AND GAME LAWS.
in the remaining counties of this State, ex-
cepting only between the first day of November
and the fifteenth day of March, both dates in-
clusive of each year; and it shall be unlawful
to capture, kill, injure, destroy or have in
possession any goose or brant, excepting only
between the first day of November and the
twenty-fifth day of March in each year, both
dates inclusive, under a penalty of twenty dol-
lars for each goose, duck, swan, brant or any
kind of water fowl so captured, killed, injured,
destroyed or had in possession. The having in
possession of any such goose, duck, swan,
brant or any kind of water fowl whatsoever
during the period prohibited in this section,
shall in every court and place, be deemed
prima facie evidence that the same are un-
lawfully in possession.
9. (As amended March 29, 1904.) It shall be
unlawful to capture, kill, injure or have in pos-
session any yellow legs, plovers, willets, sand-
pipers, dowitchers or robin snipe, brown
backs, curlews, turn-stones or calico backs,
godwits or marlin and tattlers, or any other
birds commonly known as shore birds, surf
snipe or bay snipe, excepting only from the
first day of May to the thirty-first day of De-
cember, both dates inclusive, of each year,
under a penalty of twenty dollars for each
bird so captured, killed, injured or had in pos-
GENERAL FISH AND GAME LAWS. 19
session; and it shall be unlawful to capture,
kill, injure or have in possession any Wilson
or E^nglish snipe (sometimes called bog snipe
or Jack snipe), excepting only during the
months of March, April, September, October,
November and December of each year, under a
penalty of twenty dollars for each Wilson or
English snipe so captured, killed. Injured or
had in possession.
10. (As amended April 10, 1907.) It shall be
unlawful to capture, kill, injure, or have in
possession, any reed bird, excepting only from
the first day of September to the thirty-flrst
day of December, both dates inclusive, of each
year, or to capture, kill, or injure, any reed
bird at night, after sunset and before sunrise,
under a penalty of twenty dollars for each
reed bird so captured, killed, injured or had
in possession.
11. It shall be unlawful to capture, kill, in-
jure or have in possession any upland plover
excepting durin-g the months of August and
September of each year, under a penalty of
twenty dollars for each upland plover so
captured, killed, injured or had in possession.
12. It shall be unlawful to capture, kill, in-
jure or have in possession any marsh hen
(commonly known as mudhen) or rail bird
excepting only from the first day of September
to the thirty-first day of December, both dates
20 GENERAL FISH AND GAME LAWS.
inclusive, of each year, under a penalty of
twenty dollars for each marsh hen or rail bird
so captured, killed, injured or had in posses-
sion; and it shall be unlawful for any person
to capture, kill or have in possession in any
one day, from the first day of September to
the thirty-first day of December, both dates in-
clusive, more than thirty marsh hens, under a
penalty of twenty dollars for each and every
marsh hen so captured, killed, or had in pos-
session in excess of thirty.
(Sections 13, 14 and 15 repealed by Act ap-
proved April 13, 1908.) See pages 34 and 35.
Section 16. Amended June 19, 1906. See
pages 37 and 38.
17. It shall be unlawful for any person or
persons to trap, take, capture or kill, or have
in possession after the same has been trapped,
taken, captured or killed, any beaver, under
a penalty of one hundred dollars for each and
every beaver so trapped, taken, captured or
killed or had in possession.
18. It shall be unlawful to have in posses-
sion, sell or offer for sale any of the game
birds or game animals enumerated in this act,
after the same has been caught or" trapped by
means of any snare, snood, net, trap or device
of any description whatsoever, or to set any
snare, 'snood, net, trap or device for catching
or trapping any such game bird or animal
GENERAL FISH AND GAME LAWS. 21
under a penalty of twenty dollars for each
such bird or other animal so had in possession,
sold or exposed for sale, or for any trap or
snare so set.
19. .Whenever by this act the possession of
any kind, of game is prohibited after a certain
specified date or within certain specified
periods of tilne, all sales of dealers in game
for a period of fifteen days after the expira-
tion of such fixed period or specified date
shall prima facie be deemed lawful, and the
penalties herein imposed for the possession
of such game shall ^ not apply to any dealer
in or the purchaser of any such game within
the extended period, unless it shall be shown
that such dealer or purchaser had knowledge
that such game had been unlawfully killed,
captured or taken; nothing in this section,
however, shall be construed to permit the
possession, sale or purchase of game killed
or taken in this State in violation of any of
the provisions of this act.
20. It shall be unlawful to hunt with a hound
or hounds, or with firearms or weapons of any
kind, or to carry a gun in the woods or fields
or on the waters, on the Sabbath day; com-
monly- called Sunday, under a penalty of
twenty dollars for each ofl^ense.
21. Nothing in this act shall be so construed
as to prevent associations or individuals from
22 OENEBAL FISH AND GAME LAWS.
bringing into this State any birds or other
animals for the purpose of propagation, or
from keeping such animals until a seasonable
time for their release.
22. It shall be unlawful to remove or to at-
tem.pt to remove from this State any quail,
ruffed grouse, pinnated grouse, woodcock, hare
(commonly known as rabbit), squirrel, £«nglish
pheasant or ring-necked pheasant; provided^
however, that this section shall not apply to
common carriers carrying from beyond the
confines of this State, in unbroken packages to
some point beyond the confines of the State,
such quail, ruffed grouse, pinnated grouse,
woodcock, hare, squirrel or pheasant; any
person guilty of any violation of this section
shall be liable to a penalty of twenty dollars
for every quail, ruffed grouse, pinnated grouse,
woodcock, hare, squirrel or pheasant removed
or sought to be removed; provided, however,
that this section shall not apply to ESnglish or
ring-necked pheasants killed on preserves at
present established.
23. It shall be unlawful to hunt, kill or de-
stroy, or attempt to hunt, kill, or destroy, any
partridge, grouse, pheasant, quail, woodcock,
or hare (commonly known as rabbit), while
there is snow upon the ground in such condi-
tion that any such bird or animal may be
tracked therein,, or by tracking any such bird
GENERAL FISH AND GAME LAWS. 23
or animal in the snow, or to have in possession
any such bird or animal above mentioned that
has been hunted, killed, destroyed or taken
as aforesaid, under a penalty of twenty dol-
lars for each bird or animal above mentioned
so hunted, killed, destroyed or had in posses-
sion, to be recovered as are other fines and
penalties for the violation of this act.
24. (As amended April 5, 1904.) It shall be
unlawful for any owner, lessee or custodian of
any dog to permit such dog to run at large in
woods or field inhabited by rabbits ^ or game
birds, except only between the first day of
October and the first day of February follow-
ing; provided, however, that at all other times
during the year, such dog or dogs may be al-
lowed to run when the owner, lessee or custo-
dian is with such dog or dogs; but at no time
shall any dog be allowed to run rabbits at
night, under penalty of twenty dollars for
each offense; and it is further provided, that
this act shall in nowise apply to fields or
woods inhabited by deer.
25. (As amended April 11, 1908.) It shall be
unlawful to take or attempt to take any fish
from any of the waters of this State by means
of any contrivance whatsoever excepting in
the manner commonly known as angling with
hand line or with rod and line, under a penalty
of twenty dollars for each oftense; provided,
24 OENEBAL FISH AND GAME LAWS.
however, that this provision shall not apply to
the catching of eels, at any time, by means of
wicker eel baskets, anchored on the bottom
of streams and ponds, nor to the taking of
eels by means of eel weirs, from the fifteenth
day of September to the last day of October,
both dates inclusive, nor to the taking of cat-
fish or carp with a spear in all streams and in
all lakes and ponds of less than one hundred
acres,* from the twentieth day of February to
the twentieth day of April, both dates inclu-
sive, of each year, nor to the taking of eels and
suckers with a spear in all streams and in all
lakes and ponds of less than one hundred
acres, from the twentieth day of February to
the thirtieth day of June, both dates inclusive,
of each year; provided, also, that it shall be
lawful to take minnow and other baitfish with
a seine not over fifty feet in length in all ponds
and lakes which have an area of over one hun-
♦ The lakes In New Jersey exceeding over a hundred
acres each in area, and In which accordingly no spear-
ing is permitted, are the following : Mays Landing
Pond, Hanover Pond, Harrisville Pond, Willow Grove
Pond, Pompton Lake, Budds Lake, Denmark Pond,
Green Pond, Hopatcong Lake, Split Rock Pond, Cedar
Pond, Greenwood Lake, Long Pond (Andover), Hal-
loway Pond, Cranberry Pond, Culver's Lake, Little
Swartswood, Long Pond, Losee Pond, Morris Lake,
Stanhope Reservoir, Wawayanda Lake, Green Lake,
Swartswood Lake, and Rotten Pond.
GENERAL FISH AND GAME LAWS. 25
dred acres, and in all other waters with a
seine not over thirty feet in length; in every
such case, however, all trout, pickerel, bass,
pike and pike-perch captured therein shall be
immediately released therefrom uninjured as
far as practicable; provided further^ that it
shall be lawful to take fish in any manner
under the direction of or by permission given
by the board of fish and game ' commissioners
for stocking purposes.
26. It shall be unlawful at all times to use
the young of any species of carp or tench for
bait in any of the waters of this State, or to
take to any of such waters the young of any
species of carp or tench for the purpose of
using the same for bait or for any other pur-
pose, under a penalty of twenty dollars for
every such fish so used for bait or taken to
such waters.
27. (As amended April 5, 1904.) It shall be
unlawful to take, catch or have in possession
any black bass, Oswego bass, white bass, calico
bass, crappie or pike-perch excepting only
from the twentieth day of May to the last day
of November, both dates inclusive, of each
year, under a penalty of twenty dollars for
each fish so caught, killed, taken or had in
possession.
28. (As amended April 5, 1904.) It shall be
unlawful to take, kill, catch or have in posses-
26 GENERAL FISH AND GAME LAWS.
sion any pike or pickerel excepting only from
the twentieth day of May to the last day of
November, both dates inclusive, and from the
first d'ay of January to the first day of Febru-
ary, both dates inclusive, of each year, under
a penalty of twenty dollars for each fish so
caught, killed, taken or had in possession.
29. (As amended May 27,' 1907.) It shall be
unlawful to catch, kill, take or have in pos-
session any brook trout, except only from the
first day of April to the fifteenth day of July,
both dates inclusive, In each year, under a
penalty of twenty dollars for each fish so
caught, killed, taken or had in possession;
providedf nevertheless, that whenever any per-
son or persons or any association owns or
controls any stream or streams or parts of
stream and any pond or ponds in this State,
and also actually maintains a hatchery in this
State for the propagation of trout, and from
said hatchery yearly supplies and stocks said
stream or streams or pond or ponds with more
trout than are caught therefrom, the board of
fish and game commissioners, upon the appli-
cation of such person or persons or associa-
tion, and upon being satisfied by proper proof
of the facts aforesaid, and that the said per-
son or persons or association owns or controls
a stream or streams or parts of stream or a
pond or ponds, and in good faith actually
GENERAL FISH AND GAME LAWS. 27
maintains a hatchery for the propagation of
fish, and does from said hatchery yearly sup-
ply and stock said stream or streams or pond
or ponds with more trout than are caught
therefrom, shall issue to such person or per-
sons or association a license, duly signed by
the secretary of the said board, permitting it,
for such period of time as the said person or
persons or association shall own and control
said stream or streams or part of stream or
pond or ponds, and shall maintain a hatchery
for the propagation of trout, and from said
hatchery shall supply and stock said stream
or streams or pond or ponds with more trout
than are taken therefrom, to catch or take
trout from said stream and pond from the first
day of April to the fifteenth day of September,
both inclusive, in each year. Nothing herein
or in this proviso contained shall be construed
as permitting the sale of trout for other than
propagation purposes between the fifteenth
day of July and the fifteenth day of September,
both dates inclusive, in each year.
30. It shall be unlawful in any manner to
take any trout, bass, pike-perch, pike or pick-
erel between nine o'clock in the evening and
daylight of the morning following, under a
penalty of twenty dollars for each fish so
taken.
28 OENEBAL FISH AND GAME LAWS.
31. (As amended April 5, 1904.) It shall be
unlawful to kill, sell, expose for sale or have in
possession any black bass, Oswego bass, white
bass or calico bass measuring less than nine
inches in length, or any pike-perch measuring
less than twelve inches in length, or any trout
measuring less than six inches in length, or
any pike or pickerel measuring less than
twelve inches in length, except for the pur-
pose of stocking the waters of this State there-
with, and then only at the direction of the
board of fish and game commissit)ners, or
upon license first obtained from such board,
under a penalty of twenty dollars for each fish
so killed, sold, exposed for sale or had in pos-
session; provided, however, that the esox
fasciatus (commonly known as Long Island
pickerel, varied and grass pike) is not included
among the fish protected by this section.
32. It shall be unlawful to place in any of
the waters of this State any dynamite, giant
or electric powder, or any explosive substances
whatever, or any drug or poisoned bait, for
the purpose of taking, killing, or injuring fish,
under a penalty of one hundred dollars for
each offense.
33. It shall be unlawful to allow any dye-
stuff, coal-tar, saw-dust, tan-bark, lime, refuse
from gas houses, or other deleterious or pois-
onous substance or substances to be turned
GENERAL FISH AND GAME LAWS. 29
into or allowed to run into any of the waters of
this State in quantities destructive of life or
disturbing the habits of the fish inhabiting^ the
same, under a penalty of two hundred dollars
for each offense.
34. It shall be unlawful to shut off or draw
off the waters of any pond, stream or lake in
this State for the purpose of taking, capturing
or killing the fish therein, under a penalty of
one hundred dollars for each offense.
35. It shall be unlawful to put, place, use
or maintain in any of the waters of this State
inhabited by pickerel, pike, pike-perch, black
bass, Oswego bass, white bass, calico bass,
perch or trout, any set-line or set-lines, or to
use upon a line for the taking of fish in such
waters any contrivance having more than three
hooks or more than one burr of three hooks
attached thereto, under a penalty of twenty
dollars for each offense.
36. It shall be unlawful at all times to use,
have in possession, or offer or expose for sale,
any artificial bait with more than three hooks
or more than one burr of three hooks attached
thereto, under a penalty of twenty dollars for
each offense.
37. It shall be unlawful for any owner,
lessee or tenant of any property to permit the
erection, construction or maintenance on his,
her or their property of any of the contrivances
30 GENERAL FISH AND GAME LAWS.
for the unlawful taking of fish and game pro-
hibited by this act, or to permit the setting
of any fyke or other net or the drawing of
any net whatsoever upon his, her or their
property, under a penalty of twenty dollars
for each offense; and it is hereby made the
duty of such owner, lessee or tenant to imme-
diately destroy any and all such unlawful con-
trivances found or placed upon his, her or
their premises; and no suit for damages shall
lie or be maintained against any property
owner, lessee or tenant for any such destruc-
tion.
38. (As amended April 15, 1908.) Whenever
in the act of which this act is amendatory, the
possession of fowl or game is prohibited, refer-
ence is had equally to such fowl or game com-
ing from without the State as to that taken
within the State; provided, however, that
nothing contained in the act of which this
act is amendatory shall apply to any fowl or
game coming within this State in original
packages from any foreign country during the
open season, but such fowl or game shall not
be kept within this State during the close
season, unless within ten days before such
close season shall arrive, the owner or own-
ers, agent or agents of such owner or owners
of such fowl or game shall give notice to the
fish and game commission of this State, of
GENERAL FISH^ AND GAME LAWS. , 31
the fact that such fowl or game will be kept
in possession in this State during the close
season, which notice shall designate the place
where such fowl or game is to be kept, where-
upon the fish and game commission, upon
such ownet* or owners, agent or agents giving
a bond to the State of New Jersey in the penal
sum of five thousand dollars/ conditioned that
such fowl or game brought from such foreign
shores shall not be sold or exposed for sale or
removed from this State during the close sea-
son, shall issue a permit for the keeping of
such fowl or game during the close season.
Upon such owner or owners, agent or agents
complying with the provisions ^of this act, such
fowl or game may be kept within this State
during any close season. Upon a 4)reach of
the condition of the bond given pursuant to
this section, the whole penalty of the bond
shall be forfeited to the State of New Jersey,
in a suit to be instituted in any court of com-
petent jurisdiction, in the name of the State,
by the board of fish and game commissioners.
39. The term "waters of this State," for the
purposes of this act, shall be construed to
mean all the fresh waters of this State; pro-
vided, that all ponds, lakes and waters created
by or under the exclusive control of indi-
viduals or associations, stocked and maintained
at the sole expense of such individuals or asso-
32 GENEBAL FISH AND GAME LAWS.
ciations, and not runways for migratory fish,
shall be considered private waters, and shall
foe exempt from the provisions of this act as
far as such individuals and the members of
such associations or persons receiving per-
mits from them are concerned.
40. (As amended April 5, 1904.) The board
of fish and game commissioners is hereby au-
thorized to issue, in its discretion, to all prop-
erly accredited persons, permits to take carp
and suckers from the pond« or lakes of this
State by means of a net, the mesh of which
shall not be less than two and one-half inches;
provided, however^ that in every case all game
and food fish captured therein shall be imme-
diately returned therefrom uninjured as far as
practicable; such permits to be issued by the
board of fish and game commissioners under
such restrictions as to the method and time
of using such nets as may be deemed proper
by saidi board of fish and game commissioners.
41. The provision of this act shall be en-
forced in accordance with the provisions of an
act entitled "An act to provide a uniform pro-
cedure for the enforcement of all laws relating
to fish, game and birds, and for the recovery
of penalties for violations thereof," approved
March twenty-ninth, one thousand eight hun-
dred and ninety-seven, and the supplements
thereto and acts amendatory, thereof.
GENERAL FISH AND GAME LAWS. 33
42. An act entitled "An act for the protection
of certain kinds of birds, game and fish, to
regulate their method of capture, and provide
open and close seasons for such capture and
possession,'* approved March twenty-secondv
one thousand nine hundred and one, and the
amendments and supplements thereto severally-
approved April first, one thousand nine hun-
dred and two, and April third, one thousand
nine hundred and two, and April tenth, one
thousand nine hundred and two; "An act for
the protection of deer," approved April tenth,
one thousand nine hundred and two; "An act
for the protection of beavers," approved April
tenth, one thousand nine hundred and two;
"An act for the protection of marsh hens, to
regulate their capture or killing and provide
open and close seasons for such killing," ap-
proved April ninth, one thousand nine hundred
and two, and all other acts and parts of acts
inconsistent with this act, be and the same are
hereby repealed; provided, however, that this
act shall not apply to any public museum or
natural history society of this State to prevent
the collection of specimens for said museum
or society.
43. The repeal of the above-stated acts shall
not be construed to revive any act which may
have been repealed by any of the acts hereby
repealejl, and no proceeding now pending
34 GENERAL FISH AND GAME LAWS.
under any of the acts hereby repealed shall
abate by reason of the repeal of said acts, but
every such proceeding shall proceed as if this
act had not been passed.
44. This act shall take effect immediately.
A Supplement to an act entitled "An act for
the protection of certain kinds of birds,
game and fisli, to regulate their method of
capture and provide open and close seasons
for such capture and possession (Revision of
1903)/' approved April fourteenth, one thou-
sand nine hundred and three.
Approved April 13, 1908.
1. It shall be unlawful to capture, kill, in-
jure, destroy or have in possession any wood-
cock, ruffed grouse (commonly known as par-
tridge), quail, English or ring-necked pheasant,
prairie chicken, or any wild turkey, or rabbit
or squirrel, in the following counties, that is
to say: In Passaic county, Sussex county,
Morris county, Warren county, Essex county,
Hunterdon county, Somerset county, Hudson
county. Union county and Bergen county, ex-
cepting only between the fifteenth day of
October and the first day of December, both
dates inclusive, of each year, under a penalty
of twenty dollars for each woodcock, ruffed
GENERAL FISH AND OAME LAWS. 35
grouse (commonly known as partridge), quail,
ESnglish or ring-necked pheasant, prairie
chicken or wild turkey, or rabbit or squir-
rel, so captured, killed> -injured, destroyed or
had in possession, and it shall be unlawful to
capture, kill. Injure, destroy or have in posses-
sion any woodcock, ruifed grouse (commonly
known as partridge), quail, Einglish or ring-
necked pheasant, prairie chicken or any wild
turkey, or rabbit or squirrel, in the remaining
counties of this State, excepting between the
fifteenth day of November and the thirty-first
day of December, both dates inclusive, of each
year, under a penalty of twenty dollars for
each woodcock, ruffed grouse (commonly
known as partridge), quail, English or ring-
necked pheasant, prairie chicken, wild turkey,
or rabbit or squirrel so captured, killed, injured,
destroyed or had in possession; provided^ Tioto-
ever, that it shall be lawful for the owner of
game preserves at present established-, to cap-
ture, kill, injure or destroy on said game pre-
serve, or to have captured, killed, injured' or
destroyed on said game preserve; or to have
in his or their possession any Bnglish or ring-
necked pheasant, at any time between the first
day of October and the thirty-first day of De-
cember, both dates inclusive.
36 GENERAL FISH AND GAME LAWS.
A Supplement to an act entitled ''An act for
the protection of certain kinds of birds,
game and fish, to regulate their method of
capture and provide open and close seasons
for such capture and possession," approved
April fourteenth, one thousand nine hun-
dred and three.
Approved April 13, 1908.
1. Whenever by the laws of any other 3tate
or country it shall be lawful to take out of the
confines of the said State or country any game,
whether the same be fowl or animal, it shall
be lawful to bring such game within the State
of New Jersey; provided, however, that noth-
ing herein contained shall permit the sale or
exposure for sale of any such game. Any per-
son violating the provisions of this act shall be
liable to a penalty of twenty dollars for each
fowl or animal so sold or exposed for sale.
An Act to prohibit fishing through or under ice
in any of the waters of this State.
Approved May 15, 1907.
1. It shall be unlawful for any person or per-
sons to take, or attempt to take, any fish from
any of the waters of this State, by any line
GENERAL FISH AND GAME LAWS. 37
with hooks attached thereto, or any other de-
vice, net or tackle operated through an open-
ing in the ice in said waters or drawn beneath
such ice ; providedj that nothing herein con-
tained shall apply to the taking of eels hy any
means now or hereafter sanctioned by law.
2. Every person offending against an^ of the
provisions of the first section of this act shall
suffer a penalty of twenty dollars.
3. This act shall take effect immediately.
An Act to amend an act entitled ''An act to
amend an act entitled 'An act for the pro-
tection of certain kinds of birds, game and
fishy to 'regulate their method of capture, and
provide open and close seasons for such
capture and possession' (Revision of 1903),
approved April fourteenth, one thousand
nine hundred and three,'' approved April
fifth, one thousand nine hundred and four.
Approyed June 19, 1906.
1. Section one of the act to which this act is
amendatory be and the same is hereby
amended to read as follows:
1. It shall be unlawful for three years after
the passage of this act for any person to gun for
or to take, or attempt to take, kill, injure or de-
38 OENEBAL £ISH AND GAME LAWS.
stroy, or to have in possession any wild deer,
be the same buck, doe or fawn, under a penalty
of one hundred dollars for each offense; and
thereafter it shall be unlawful to take, kill,
injure or destroy, or to hunt with intent to
take, kill, injure or destroy any wild deer, be
the same buck, doe or fawn, excepting on
every Wednesday in the month of November,
under a penalty of one hundred dollars for
each and every wild deer so taken, killed, in-
jured or had in possession, and of one hundred
dollars for each attempt to take, kill, injure
or destroy deer, be the same buck, doe or
fawn; and no person shall kill, injure, destroy
or have in possession more than one deer, be
the same buck, doe or fawn, in any one year,
under a penalty of one hundred dollars for
every deer so killed, injured, destroyed or had
in possession. The having in possession of
any such deer during the times and periods
prohibited in this act shall be prima facie evi-
dence in all courts and places of the fact that
they are in possession unlawfully.
This act shall take effect immediately.
GENERAL FISH AND GAME LAWS. 39
An Act to regulate fishing by steam and otiier
vesseis with shirred or purse seines in the
waters of the State of New Jersey, and to
require a license for such fishing.
Approved March 26, 1896.
1. Hereafter it shall be unlawful for any per-
son or persons, corporation or corporations, to
take with purse or shirred nets any menhaden,
porgies, herring or other fish in any waters
within the jurisdiction of this State, including
the waters of the Atlantic ocean within three
nautical miles of the coast line of said State,
either on his own account and benefit or on
account and benefit of his employer, unless
such person or persons, corporation or corpora-
tions, shall have first complied with the pro-
visions of this act regulating such fishing with
purse or shirred nets, and requiring a license
therefor.
2. Whenever any person or persons, corpora-
tion or corporations, may intend to take men-
haden with such purse or shirred nets in the
waters above specified, such person or per-
sons, corporation or corporations, shall make
an application therefor to the board of fish
and game commissioners of this State.
3. Upon the receipt of such application the
board of fish and game commissioners shall.
L
40 GENERAL FISH AND GAME LAWS.
upon the payment to the said board of the
sum of one hundred dollars for each steam
vessel of not'more than fifty tons net tonnage,
one hundred and twenty-five dollars for each
steam vessel of over fifty tons and not mor6
than one hundred tons net tonnage, and two
hundred dollars for each steam vessel of over
one hundred tons net tonnage, said net tonnage
to be determined by custom-house measure-
ment, and twenty-five dollars for each sailing
vessel with tenders to be so employed in the
taking of menhaden by means of such shirred
or purse nets, as a license fee, issue to such
pierson or persons, corporation or corporations,
a license, duly signed by the secretary of said
board of fish and game commissioners, which
said license shall be valid and in force for the
term of one year from the date thereof, and no
license shall be issued for a space of time less
than one year.
4. For every violation of the first section of
this act the offending person or persons, cor-
poration or corporations, shall pay a penalty
of two hundred dollars. (The rest of this sec-
tion and sections 5, 6, 7, 8, 9 and 10 supplied by
procedure act approved March 29, 1897.)
OENEBAL FISH AND GAME LAWS. 41
An Act to prevent the propagation of carp.
Approved March 22, 1895.
1. That it shall be unlawful at any time in
this State to place any German carp, mirror
carp, leather carp, or carp of any kind whatso-
ever, or the seed' thereof, in any of the public
or private waters of this State, under a penalty
of not less than two hundred dollsCrs and not
more than five hundred dollars, or imprison-
ment in the jail of the county where the ofCense
shall have been committed, or where the con-
viction shall be had, for not less than thirty
days nor more than six months, at the discre-
tion of the magistrate before whom the con-
viction of any violation of this statute may be
had.
2. That the provisions of this act shall be
enforced according to the method of procedure
provided for the enforcement of the laws for
the protection of fish and game. -
3. That the fish and game protector of this
State, and all duly appointed fish and game
wardens of this State, are authorized and re-
quired to enforce the provisions of this act,
and they shall be entitled therefor to the same
fee as they are entitled to under the act for
the protection of fish and game.
4. That any person who may have been ag-
grieved or injured by means of any violation
of the first section of this act shall be author-
42 QENEBAL FISH AND GAME LAWS.
ized to institute proceedings for the punish-
ment of the offender.
5. That no conviction had under this act
shall be a bar to any proceedings an aggrieved
party may institute for the recovery of damages
in a civil suit.
6. That this act shall not apply to the owners
or lessees of private ponds stocking such pri-
vate ponds; provided^ that such private ponds
are so constructed as to effectually prevent
said carp or the seed thereof from escaping
into any of the waters of this State, or into
private waters owned by other individuals or
corporations.
An Act for the protection of sturgeon.
Approved March 22, 1895.
1. That hereafter it shall not be lawful for
any person or persons to take, capture or kill,
or have in possession after the same has been
taken, captured or killed, any sturgeon be-
tween the thirtieth day of June and the thirty-
first day of December in each and every year,
under a penalty of twenty dollars for each and
every sturgeon so taken, captured, killed or
had unlawfully in possession.
2. That all acts or parts of acts, special, local
or general, inconsistent herewith or repugnant
hereto, be and the same are hereby repealed,
GENERAL FISH AND GAME LAWS. 43
excepting that nothing in this act contained
shall be construed to repeal the provisions of
an act entitled "An act to amend an act enti-
tled 'An act for the protection of mammoose
or young sturgeon in the Delaware bay, river
and their tributaries/ approved March twenty-
fourth, one thousand eight hundred and ninety,"
which amendment was approved April first,
one thousand eight hundred and ninety-one.
C^e special act pertaining to Delaware
river.)
An Act conoerntng fisheries.
Passed December 27, 1826.
1. That it shall not be lawful for any person
or persons not resident citizens of this State
to draw or use any net or seine for the pur-
pose of catching or taking fish in any of the
bays, flats, rivers or waters within the jurisdic-
tion of this State; and every person so offend-
ing shall forfeit and pay for every such offense
the sum of thirty dollars; provided^ always
nevertheless y that nothing in this act shall be
so construed as to affect' the right or privilege
of any owner or owners, tenant or tenants, not
resident in this State, from fishing upon or
opposite to his, her or their shore in this State,
or to prevent any resident, owner or tenant
from employing what hands he may think
44 GENERAL FISH AND GAME LAWS.
necessary to carry on the business of his or
their fisheries; provided, also, that nothing in
this act contained shall relate to or in any-
wise affect the fisheries on the waters of the
river Delaware.
An Act for the protection of Malaciemmys
Palustris, commonly called diamond-backed
terrapin; to regulate their method of pap-
ture, and providing open and close seasons
for such capture and possession.
Approved March 30, 1906.
1. It shall be unlawful to take or catch, ex-
pose for sale or have in possession, or attempt
to take or catch any Malaciemmys Palustris,
commonly called diamond-backed terrapin, be-
tween the first day of April and the first day
of November of each year. Any person guilty
of any violation of this section shall be liable
to a penalty of twenty dollars for every Mala-
ciemmys Palustris, commonly called diamond-
backed terrapin, so taken, caught, exposed for
sale, had in possession, or sought to be taken
or captured; and the having in possession of
any Malaciemmys Palustris, commonly called
diamond-backed terrapin, during th;e period
prohibited in this section shall, in every court
and place, be deemed prima facie evidence that
the same is unlawfully in possession.
GENERAL FISH AND GAME LAWS. 45
2. It shall be unlawful at any time to catch
or take, or attempt to catch or take, any Mala-
clemmys Palustrls, commonly called diamond-
backed terrapin, from any of the waters of the
State, by means of any trap, fyke, net, seine,
weir, or net of any description, under a penalty
of fifty dollars for each ofCense.
3. It shall be unlawful at any time to catch,
take or have in possession any Malaclemmys
Palustris, commonly called diamond-backed
terrapin, measuring less than four inches
lengthwise along the under shell, under a
penalty of twenty-five dollars for each Mala-
clemmys Palustris, commonly called diamond-
backed terrapin, so captured, taken or had in
possession.
4. It shall be unlawful to take or destroy the
eggs ot any Malaclemmys Palustris, commonly
called diamond-backed terrapin, in this State,
under a penalty of twenty-five dollars for each
egg so taken or destroyed.
5. In all proceedings against offenders under
this act it shall be competent for them to show
that the Malaclemmys Palustris, commonly
called diamond-backed terrapin, came into
possession in another State, or beyond the
United States, at some place where the law
did not prohibit such possession, and such evi-
dence shall be a valid defense to the action.
6. The fish and game commissioners, fish
46 GENERAL FISH AND GAME LAWS.
and game protector andi all constables, police
officers, fish, and game wardens and deputy fish
and game wardens of this State are hereby
empowered and directed to arrest or cause to
be arrested any person or persons guilty of
violating any of the provisions of this act;
and upon making such arrest, to take him or
them forthwith before any justice of the peace,
district court or police magistrate of the county
where the arrest is made, and to proceed
against him or them in the manner prescribed)
by an act of the Legislature in this State en-
titled "An act to provide a uniform procedure
for the enforcement of all laws relating to fish,
game and birds, and for the recovery of penal-
ties for the violations thereof,'* approved
March twenty-ninth, one thousand eight hun-
dred and ninety-seven, and the supplements
thereto and acts amendatory thereof.
7. The fish and game commissioners, the fish .
and game protector, and the fish and game
wardens of this State shall have the power
without warrant to search and examine any
boat, vessel, conveyance, vehicle, fish box, fish
basket, barrel, box or basket, game bag or
game coat or other receptacle, for Malaclemmys
Palustris, commonly called diamond-backed
terrapin, when they have reason to believe
that any of the provisions of this act have been
violated; and the fish and game commission-
OENEBAL FISH AND GAME LAWS. 47
erB, fish and game protector, and fish and game
wardens shall at any time seize and take pos-
session of any and all Malaclemmys Palustris,
commonly called diamond-backed terrapin,
which have been caught, taken or killed at
any time in a manner or for a purpose, or had
in possession or under control, have been
shipped or are about to be shipped', contrary to
any of the provisions of this act. Justices of
the peace, district courts and police magis-
trates, upon receiving proof of probable causes
for believing in the concealment of any Mala-
clemmys Palustris, commonly called diamond-
backed terrapin, caught, taken, had in posses-
sion or under control, contrary to any of the
provisions of this act, shall issue a search war-
rant and cause a search to be made in any
place, and to that end may, after demand and
refusal, cause any building, enclosure or car
to be entered, and any apartment, chest, box,
barrel, crate, basket or package to be broken
open and the contents thereof examined by
said fish and game commissioners, fish and
ga.me protector or fish and game wardens. All
Malaclemmys Palustris, commonly called dia-
mond-backed terrapin, seized by the fish and
game commissioners, fish and game protector
or any of the fish and game wardens, shall be
liberated in any of the waters of this State
inhabited by Malaclemmys Palustris, commonly
48 GENERAL FISH AND GAME LAWS.
called diamond-backed terrapin, by the fish
and game commissioners, fish and game pro-
tector or any of the fish and game wardens, as
directed by the justices of the peace, district
court or police magistrate before whom the
offender is tried.
8. No fish and game commissioner, fish and
game protector or fish and game warden shall
be liable for damages on account of any arrest,
seizure, or liberation of any Malaclemmys
Palustris, commonly called diamond-backed
terrapin, in accordance with the provisions of
this act.
9. All acts and parts of acts inconsistent
with the provisions of this act be and the same
are hereby repealed.
10. This act shall take effect immediately.
An Act for the protection of birds and their
nests and eggs.
Approved March 20, 1901.
1. No person shall, within the limits of this
State, kill or catch, or have in his or her pos-
session living or dead» any wild bird, other
than a game bird, nor shall purchase, offer or
expose for sale any such wild bird after it has
been killed or caught; no part of the plumage,
skin or body of any bird protected by this sec-
GENEBAL FISH AND GAME LAWS. 49
tion shall \fe sold or had in possession for
sale; for the purpose of this act, the following
only shall be considered game birds: The
anatid», commonly known as swans, geese,
brant, and river and sea ducks; the rallidae,
commonly known as rails, coots, mudhens and
gallinules; the limicolse, commonly known as
shore birds, plovers, surf birds, snipe, wood-
cock, sand-pipers, tatlers and curlews; the
galllnae, commonly known as wild turkeys,
grouse, prairie chickens, pheasants, partridges,
quails and doves, and the species of icteridae,
commonly known as reed birds.
2. No person shall, within the limits of this
State, take or needlessly destroy the nest or
eggs of any wild bird, nor shall have such nest
or eggs in his or her possession; provided,
however, that sections one and two of this act
shall not apply to any public museum, natural
history society or educational institution.
3. Any person who violates any of the pro-
visions of this act shall be guilty of a misde-
meanor, and shall be liable to a fine of five
dollars for each offense, and an additional fine
of five dollars for each bird living or dead, or
part of bird or nest and eggs possessed in vio-
lation of this act, or to imprisonment for ten
days or both, at the discretion of the court.
4. Sections one, two, and three of this act
shall not apply to any person holding a certi-
50 GENERAL FISH AND GAME LAWS.
ficate giving the right to take birds and their
nests and eggs for scientific purposes as pro-
vided for in section five of this act.
5. Certificates may be granted by the New
Jersey board of fish and game commissioners
to any properly accredited person of the age
of twenty-one years or upwards, permitting the
holder thereof to collect birds, their nests or
eggs, for strictly scientific purposes only; in
order to obtain such certificate, the applicant
for the same must present to the board of fish
and game commissioners written testimonials
from two well-known scientific men, certifying
to the good character and fitness of said appli-
cant to be entrusted with such privilege;
must pay to said board of fish and game com-
missioners one dollar to defray the necessary
expenses attending the granting of such certi-
ficates^ and must file with said board of fish
and game commissioners a properly executed
bond in the sum of two hundred dollars, signed
by two responsible citizens of the State as
sureties; this bond shall be forfeited to the
State, and the certificate become void, upon
proof that the holder of such certificate has
killed any bird, or taken the nest or eggs of
any bird for other than the purposes named
in sections four and five of this act, and shall
be further subject for each offense to the pen-
GENERAL FISH AND GAME LAWS. 51
allies provided therefor in section three of
this act.
6. The certificates authorized by this act
shall be in force for one year only, from the
date of their issue, and shall not be transfer-
able.
7. The English and European house sparrow
(passer domesticus) , blackbirds, crows and
hawks, other than the fishhawk, are not in-
cluded among the birds protected by this act.
8. All acts and parts of acts inconsistent
with the provisions of this act be and the
same are hereby repealed.
9. This act shall take effect immediately.
An Act for the protection of striped bass.
Approved April 3, 1902.
The above-entitled act was repealed by the
eighth and eleventh sections of a supplement
to an act entitled "An act for the protection of
certain kinds of birds, game and fish, to regu-
late their method of capture, and provide open
and close seasons for such capture and posses-
sion (Revision of 1903)," approved April four-
teenth, one thousand nine hundred and three,
which supplement was approved March 17,
1904.
52 GENERAL FISH AND GAME LAWS.
8. Hereafter it shall be unlawful to sell or
expose for sale any rock fish measuring less
than ten inches in length, under a penalty of •
twenty dollars for each fish so sold or exposed
for sale.
11. The provisions of this act shall be en-
forced in accordance with the provisions of an
act entitled "An act to provide a uniform pro-
cedure for the enforcement of all laws relating
to fish, game and birds, and for the recovery
of penalties for violations thereof," approved
March twenty-ninth, one thousand eight hun-
dred and ninety-seven, and the supplements
thereto and acts amendatory thereof.
An Act for the protection of food fish in the
State of New Jersey.
Approved April 3, 1902.
1. It shall be unlawful for any person or
persons, corporation or corporations, to catch
by the use of pound nets, or in any other man-
ner, in, the tide waters of the State of New Jer-
sey or those under, its jurisdiction, for the pur-
pose of converting or manufacturing, or at-
tempting to convert or manufacture, or by dis-
posing of the same in any manner for the pur-
pose of manufacturing or converting into oil
or fertilizing material of any kind whatsoever.
GENERAL FISH AND GAME LAWS. 53
by any kind of chemical or manufacturing pro-
cess, any of the following food fish: shad,
bluefish, weakfish, striped bass, sea bass, porgy,
sea trout, salmon or king fish; provided, how-
ever, that nothing contained in this act shall
be heldi to prevent any person or persons, cor-
poration or corporations, from taking men-
haden to be converted into oil or fertilizing
material, when duly licensed for that purpose
by the State.
2. (As amended by act approved April 14,
1903). Any person or persons, corporation or
corporations, violating the provisions of this
act shall be guilty of a misdemeanor, and shall,
upon arrest and conviction, pay a fine of fifty
dollars for the first offense, and one hundred
dollars for the second offense and imprison-
ment in the county jail in the county wherein
such offense may have been committed for a
period of not more than sixty days; said fines
shall be paid and .distributed according to the
laws. now in effect, and nothing in this act shall
be construed as in anywise interfering with the
taking of menhaden or mossbunkers for bait
or for the manufacture of oil or fertilizing
material.
54 GENERAL FISH AND GAME LAWS.
An Act to license non-residents of the State of
New Jersey to hunt, pursue and kill game
and fowl.
Approved April 13, 1908.
1. No non-residents of the State of New Jer-
sey shall at any time hunt, pursue or kill, in
any manner, any game or fowl without first
having procured a license so to do, and then
only during such times as it shall be lawful by
the laws of this State, to so hunt, pursue or
kill. Such license shall be procured from the
clerk of any county in this State, in the follow-
ing manner, to wit: The applicant shall fill
out a blank application to be furnished by the
fish and game commission of the State of New
Jersey, through a clerk of any county in this
State, stating name, age, occupation and place
of residence of applicant; said application
shall be subscribed and sworn to by the appli-
cant before said county clerk, who is hereby
authorized to administer such oath. If any
county clerk in this State fails to administer
the oath as herein provided, or antedates any
license, he shall be liable to the penalty here-
inafter provided. And said applicant shall pay
to the clerk of the county the sum of ten dol-
lars as a license fee, together with the sum
of fifty cents as the fee of the clerk for ad-
GENERAL FISH AND GAME LAWS. 55
ministering the oath to the applicant and issu-
ing said license, and the license shall bear the
signature of the said clerk.
2. The license fees above provided for shall
be paid at the end of each month by the county
clerk receiving the same to the treasurer of the
board of fish and game commissioners of the
State, by whom they shall be paid to the State
treasurer, as now provided by law, for the use
of said board of fish and game commissioners.
3. Every license issued shall be signed by
the licensee in ink, and shall entitle the per-
son to whom issued to hunt, pursue and kill
game and fowl within the State at any time
when it shall be lawful to hunt, pursue and
kill game and fowl, and no person to whom a
license has been issued shall be entitled to
hunt, pursue, or kill game and fowl in this
State without at the time of such hunting, pur-
suing and killing, he or she shall have such
license in his or her name and upon his or her
person, ready to exhibit the same for inspec-
tion, and such license shall be void after the
thirty-first day of December next succeeding
its issuance.
4. Any person licensed under the provisions
of this act may, in any one day, remove from
the State birds to a number not exceeding fif-
teen, and rabbits to a number not exceeding
56 GENERAL FISH AND GAME LAWS.
ten; prorHdedy however j that no removal shall
be made except the birds or rabbits be exposed
to open view.
5. Any person who shall violate any of the
provisions of this act shall be liable to a penalty
of twenty dollars for each offense, to be sued
for and. recovered in the same manner and by
the person or persons authorized to sue for
and recover penalties under the provisions of
an act entitled "An act to provide a uniform
procedure for the enforcement of all laws re-
lating to fish, game and birds, and for the re-
covery of penalties for violations thereof," ap-
proved March twenty-ninth, eighteen hundred
and ninety-seven, and the acts supplementary
thereto and amendatory thereof.
GENERAL FISH AND GAME LAWS. 57
COUNTY CLERKS.
The names and post-oflace addresses of county
clerks from any of whom licenses may be ob-
tained under this act are as follows:
COUNTY. COUNTY SEAT. COUNTY CLERKS.
Atlantic . . . .May's Landing Edward S. Lee.
Bergen .... .Hackensack John R. Ramsey.
Burlington . .Mount Holly Watson T. Sooy.
Camden . . . .Camden P. P. Patterson, Jr.
Cape May .. .Cape May C. H. . . .Julius Way.
Cumberland. .Bric^eton Samuel M. Sheldon.
Essex Newark John B. Woolston.
Gloucester . .Woodbury Edward L. Sturgess.
Hudson Jersey City John Rotherham.
Hunterdon ..Flemington ...... .Oliver A. Parley.
Mercer Trenton George R. Robbins.
Middlesex ...New Brunswick. .. .John H. Conger.
Monmouth ..Freehold Joseph MlcDermott.
Mlorrls, Morristown Daniel S. Voorhees.
Ocean Toms River George H. Holman.
Passaic Paterson John J. Slater.
Salem Salem Benjamin E. Harris.
Somerset . . .Somervllle Alex. G. Anderson.
Sussex Newton Harvey S. Hopkins.
Union Elizabeth James T. Calvert.
Warren Belvldere Charles Hoagland.
58 GENERAL FISH AND GAME LAWS.
An Act to license unnaturalized, foreign-born
resident hunters and providing a penalty for
the violation of its provisions.
Approved April 2, 1908.
1. No unnaturalized, foreign-born resident
of this State shall at any time hunt, pursue or
kill, in any manner, any game or fowl without
first having procured a license so to do, and
then only during such times as it shall be
lawful by the laws of this State, to so hunt,
pursue or kill. Said license shall be procured
from the clerk of any county, city, town or
township or other municipality in this State,
in the following manner, to wit: The appli-
cant shall fill out a blank application to be
furnished by the fish and game commission
of the State of New Jersey, through the clerk
of any county, city, town, township or other
municipality in this State, stating name, age,
occupation and place of residence of appli-
cant. Said application shall be subscribed and
sworn to by the applicant before said county,
city, town, township or other municipal clerk
in this State. If any county, city, town, town-
ship or other municipal clerk in this State
fails to administer the oath as herein provided,
or antedates any license, he shall be liable to
the penalty hereinafter provided. And said
applicant shall pay to the clerk of the county,
OENEBAL FISH AND GAME LAWS. 59
city, town, township or other municipality, as
the case may he, the sum of ten dollars as a
license fee, together with the sum of fifty cents
as the fee of the clerk for administering the
oath to the applicant and issuing said license.
Said license shall hear the signature of a mem-
ber of the fish and game commission of the
State of New Jersey, and the seal of the
county, city, town, township or other munici-
pality in which the same is issued, and he
countersigned by the said clerk.
2. The license fee above provided for shall
be paid by the clerk receiving the same to tfie
state treasurer at the end of each month, and
shall be placed to the credit of a fund to be
known as the "State Game Protection Fund,"
and shall be disbursed by the state treasurer
on vouchers certified to by the fish and game
commission of the State of New Jersey.
3. Every license issued shall be signed by
the licensee in ink, and shall entitle the person
to whom issued to hunt, pursue and kill game
and fowl within the State at any time when it
shall be lawful to hunt, pursue and kill game
and fowl, and no person to whom a license has
been issued shall be entitled to hunt, pursue
or kill game and fowl in this State without at
the time of such hunting, pursuing and killing,
he or she shall have such license in his or her
name and upon his or her person, ready to ex-
60 GENERAL FISH AND GAME LAWS.
hibit the same for inspection, and such license
shall he void after the thirty-first day of De-
cember next succeeding its issuance; provided,
that the owner or owners, lessee or lessees of
farm land, if residing on said* farm land, shall
have tlve right to hunt, pursue and kill game
and fowl on the farm land of which he or they
are the bona fide owner or owners, lessee or
lessees, during the season when it is lawful
to hunt, pursue, and kill game and fowl, with-
out procuring such unnaturalized, foreign-born
resident license.
4. Any person who shall violate any of the
provisions of this act shall be liable to a pen-
alty of twenty dollars for each offense, to be
sued for and recovered in the same manner
and by the person or persons authorized to
sue for and recover penalties under the provi-
sions of an act entitled "An act to proyide a
uniform procedure for the enforcement of all
laws relating to fish, game and birds, and for
the recovery of penalties for violations thereof,"
approved March twenty-ninth, eighteen hun-
dred and ninety-seven, and the acts supple-
mentary thereto and amendatory thereof.
LOCAL AND SPECIAL LAWS.
An Act for the better protection of the fish-
eries in i^aurice river, and in the Oronken,
Dividing and Antuxent creel<8, Cumberland
county. ^
Approved March. 7, 1871.
X' That it shall be unlawful for any person
or persons not residents of the State of New
Jersey, to take, or cause to be taken, fish of
any kind or description from the waters of the
Maurice river, or from the waters of Oronken
creek. Dividing creek, or Antuxent creek, in
said county, or from their shores, flats or
tributaries, by means of nets, seines, hooks,
or any other tackle whatsoever; and any per-
son so offending shall forfeit and pay for every
such offense the sum of fifty dollars.
An Act for the preservation of fish in the
county of Atlantic.
Approved April 5, 1878.
1. That hereafter it shall not be lawful for
any person or persons, either by day or night,
to put, place or haul any gill-net, drift-net, or
other net or seine of any kind whatsoever, for
the taking or catching of fish or eels in any of
62 LOCAL AND SPECIAL LAWS.
the waters of this State within the county of
Atlantic, and northwardly from the northerly
side of Great Egg Harbor inlet, and south-
wardly from the southerly side of Little Egg
Harbor inlet, between the first day of June
and the first day of September in any year.
2. That any person or persons who shall of-
fend against either of the provisions contained
in this act shall, upon conviction thereof, be
punished by imprisonment in the common jail
of the county for the term of ten days, or by a
fine of twenty dollars and costs for each and
every offense.
An Act to regulate fishing with seines in
Barnegat Bay.
Approved February 17, 1842.
1. That no person or persons shall hereafter
fish within the waters of Barnegat bay, or any
of the rivers, coves, or other tributary waters
thereof, north of Barnegat inlet, with any seine
or seines, net or nets, the whole length of
which, either singly or attached: together, shall
exceed one hundred and forty fathoms, and the
ropes whereof attached to each wing shall not
exceed in length three hundred fathoms; and
that no person or persons shall set any seine
or seines, net or nets, fyke or fykes, in the
aforesaid waters, the whole length of which,
LOCAL AND SPECIAL LAWS. 63
either singly or attached togetTier, shall ex-
eeedt twenty fathoms; and if any person or
persons shall so do, whether any fish be taken
or not, the captain of such seine or seines,
net or nets, fyke of fykes, so hauled, fished
with or set, in any of the waters aforesaid^
shall, for every such offense, forfeit and pay
fifty dollars each.
2. That any person or persons violating the
aforesaid section, or refusing to have his or
their seine ropes, nets and fykes measured by
any person or persons wishing to measure the
same, shall forfeit his boat, fiat, scow or other
vessel used or employed in the commission of
such offense, with all the fish, seines, ropes,
nets, fykes, tackle and furniture belonging to
the same.
(Section 3 repealed by procedure act of
1897.)
4. That if any person or persons on board
of or belonging to any such boat, fiat, scow, or
any other vessel as aforesaid, or belonging to
any such seine, net or fyke, shall refuse and
not suffer to enter or resist after entering or
before entering the same, any of the aforesaid
oflicers or any other person or persons, seizing
the same, or otherwise resist them, or any of
them, in the lawful seizure of the same, then
every person so offending shall forfeit and
pay the sum of fifty dollars.
64 LOCAL AIsD SPECIAL LAWS.
Supplements.
1. (As amended by ^an act approved March
22, 1900.) From and after the passage of this
act it shall not be lawful for any person to
set, haul or use within the tidewaters of
Barnegat bay, or any of the rivers, coves or
other tributary waters thereof, any net or nets,
fyke of fykes, pound or pounds, weir or weirs,
for the purpose of taking fish therefrom during
the months of July, August, September and
October of each year; provided^ that nothing
herein contained shall prevent the setting or
using of fykes or gill-nets during the months
of November, December, January, February,
March, April, May and June of each year here-
after, which said fykes or gill-nets shall not
exceed thirty fathoms in length; provided^
further^ that it shall not be lawful for any
person or persons to set or use within the tide-
waters of Barnegat bay, or any of the rivers,
coves. or other tributary waters as aforesaid,
any pound or pounds, weir or weirs, for the
purpose of taking fish therefrom; and provided
further, that it shall be unlawful for any per-
son or persons to use for fishing a net or nets
of less than three-inch mesh.
2. (As amended by act approved April 14,
1903.) It shall not be lawful for any person
LOCAL AND SPECIAL LAWS. 65
or persons to haul or use any seine or moving
net, fyke or glll-net, for the purpose of taking
fish from the waters of said Barnegat bay
during the months of July, August, September
and October of any year; nor shall it be lawful
to use any seine or other net for fishing in the
waters of said bay composed in any of its part
of meshes of less size than three inches; pro-
vided, that it shall and may be lawful to haul
seines in the several tributary rivers, creeks,
streams and coves of said bay, and in that
portion of the bay proper which is within the
present limits of the township of Brick for
the purpose of taking herring therefrom,
during the months of March, April, May and
June, yearly and every year, the smallest
meshes of which said nets shall not be less
than two inches in size; and provided further,
that all pike or pickerel, white perch and other
fish found in such nets shall at once be re-
turned to the water without injury.
2. (As approved April 21, 1876.) That it shall
not be lawful for any person or persons to set
or use any gill-net or gill-nets, or other sta-
tionary device for the purpose of taking fish
from the aforesaid waters between the first
day of November and the first day of June,
yearly and every year during the remainder
of the year between the hours of seven o'clock
s
66 LOCAL AND SPECIAL LAWS.
in the morning and six o'clock in the evening
of each day.
(Section 3 repealed by act approved April 19,
1898.)
4. (As approved April 21, 1876.) That if
any person or persons shall violate any of the
provisions -of this act, he or they shall, for each
and every offense, forfeit and pay one hundred
dollars, with costs of suit.
An Act to prevent fishing with seines, baskets,
nets and fylces in Bound'creek, l^aple Island,
Parsons', Woodruff and Wheeler's creeks, in
the counties of Union and Essex, for the
preservation of fish.
Approved April 4, 1865.
1. That hereafter it shall not be lawful for
any person or persons, at any time, by day or
by night, to set, put, place or haul any seine,
basket, fyke or net (always excepting such
nets as are now used and known as shrimp or
crab nets) within the waters of Oyster creek.
Bound creek. Woodruff creek. Maple Island
creek. Parsons* creek or Wheeler's creek, on
the salt meadows in the counties of Union and
Essex, under the penalty of twenty dollars for
each and every offense.
LOCAL AND SPECIAL LAWS. 67
An Act to regulate fishing with seines in the
county of Cape May.
Approved March 29, 1871.
1. That from and after the passage of this
act, if any person or persons shall set, draw
or use any seine, gill-net, pound, or any de-
scription of net over twenty-five fathoms in
length, of place two seines together, making in
the aggregate more than twenty-*ve fa^oms
in length. In the county of Cape May, or any
waters of the same, except for the purpose of
taking or catching the fish known as moss-
bunkers, in the waters of Delaware hay, during
the months of June, July, August and Septem-
ber of each year, such person or persons so
offending shall forfeit and pay the sum of one
hundred dollars, with costs of suit, for each
and every offense; nothing in this act shall be
construed to prevent the 'fishing of long seines
for the purpose of taking fish for manure, in
the Delaware bay, or for taking fish for gen-
eral use on the Delaware bay shore, in the
Lower township.
2. That nothing in this act shall be construed
to apply to, or in any way affect, any former
act in force in the Lower township, in said
county, nor shall this act apply to seines or
nets used in the Delaware bay exclusively for
taking fish for manures.
68 LOCAL a: '^ SPECIAL LAWS.
An Act to regulate the fishing with seines in
Dennis township, county of Cape May.
Approved March 17, 1870.
1. That hereafter it shall not be lawful for
any person or persons to use, set, haul or fish
any seine or net of any description, of more
than twenty-five fathoms in length, in the
waters of Dennis township, in the county of
Cape* May, under a penalty of fifty dollars for
each offense.
An Act to regulate the length of nets and
seines to be used In Lower township, Cape
May county, and In Cape Island sound.
Approved March 22, 1860.
1. That it shall not be lawful for any person
or persons whatsoever to set or draw any net
or seine which shall exceed twenty-five
fathoms in length, in any of the rivers, bays,
creeks or waters of the Lower township, in
the county of Cape May, or in Cape Island
sound, within the jurisdiction of said county.
2. That every person offending against the
provisions of this act shall forfeit and pay the
sum of fifty dollars for each offense.
LOCAL AND SPECIAL LAWS. 69
An Act to regulate fishing in tlie creei<8 and
sounds in Lower townsiiip, In the county
of Cape May.
Approved April 9, 1868.
1. That from the twenty-fifth day of June to
the fifth day of Septemher, in each and every
year, the taking of fish in the creeks and
sounds in the l-ower township, in the county
of Cape May, by seines of any description, be
and the same is hereby prohibited south and
east of a line beginning at a place called Poig-
nard Point, in the northerly part of Jarvis
sound, running westward of the head of Mid-
dle Thoroughfare to a point in Mill creek
called the Deep Hole.
2. That any person or persons violating the
provisions of the preceding section of this act
shall be subject to a penalty of fifty dollars.
An Act to regulate the length of nets and
seines to be used in Middle township, Cape
May county.
Approred February 25, 1861.
1. That it shall not be lawful for any person
or persons whatsoever to set or draw any net
or seine which shall exceed twenty-five fathoms
in length in any of the rivers, bays, creeks or
70 LOCAL AND SPECIAL LAWS.
waters of the Middle township, in the county
of Cape May, within the jurisdiction of the
said county.
2. That every person offending against the
provisions of this act shall forfeit and pay the
sum of fifty dollars for each offense.
An Act to repeal parts of sundry acts to regu-
late fishing and the length of nets and seines
in the county of Cape May.
Approved April 5. 1904.
1. The several acts hereinafter stated and
entitled as follows, to wit:
"An act to regulate the length of nets and
seines to be used in Lower township, Cape
May county, and in Cape Island sound," ap-
proved March twenty-second, one thousand
eight hundred and sixty.
"An act to regulate the length of nets and
seines to he used in Middle township. Cape
May county," approved February twenty-fifth,
one thousand eight hundred and sixty-one.
"An act to regulate the fishing with seines in
Dennis township, county of Cape May," ap-
proved March seventeenth, one thousand eight
hundred and seventy.
"An act to regulate fishing with seines in
the county of Cape May," approved March
LOCAL AND SPECIAL LAWS. 71
twenty-ninth, one thousand eight hundred and
seventy-one, in so far as they apply to fishing
or the use of seines or nets ^ any description
in the waters of the Atlantic ocean and the
Delaware bay, be and the same are hereby re-
pealed, but in all other respects shall remain
in full force and effect.
An Act to regulate the length of nets and
seines to be used in fishing in Upper town-^
ship, in the county of Cape May.
Approved March 30, 1906.
1. It shall not be lawful for any person or
persons whatsoever to set or draw any net or
seine, which shall exceed forty fathoms in
length, in any of the rivers, bays or creeks or
waters of Upper township, in the county of
Cape May, and within the jurisdiction of said
county; provided, however, that this act shall
not apply to the use of seines or nets in the
waters of the Atlantic ocean.
2. Every person offending against the provi-
sions of this act shall forfeit and pay the sum
of fifty dollars for each offense, and the small
cause court shall have jurisdiction to hear and
determine complaints brought under the pro-
visions of this act.
3. This act shall take effect immediately.
72 LOCAL AND SPECIAL LAWS.
An Act to regulate fishing in tlie Clieesequalce
creel(, in the county of Middlesex.
Approved March 20, 1862.
1. That from and after the passage of this
act no person shall fish in the Gheesequake
creek, in the county of Middlesex, with any
net or seine the meshes of which are less than
four inches square; and if any person shall
oftend against this act he shall, for every of-
fense, forfeit the sum of fifty dollars.
An Act for the better regulation of fishing in
Cohansey creek.
Passed January 28, 1820.
1. That from and after the passing of this
act no person or persons shall be allowed to
aflix, fasten or set any net or nets or device or
devices, in Cohansey creek, below the bridge
at Bridgeton, in the county of Cumberland, that
may tend to obstruct or hinder the fish from go-
ing up and down the same, which shall extend
to more than one-fourth of the width of said
creek at low water at any one place, nor to
float or otherwise make use of any gilling-
seine or drift-net in the said creek, upon the
usually established fishing grounds, in the
LOCAL AND SPECIAL LAWS. 73
season of fishing; provided, that nothing In
this act contained shall extend to prevent any
person or persons from fishing with sweeping
seines and scoop-nets as heretofore.
2. That all and every person or persons who
shall fix, fasten or set any net or nets, device
or devices, or make use of any gilling-seine or
drift-net, or shall in any way aid, assist or abet
doing the same, contrary to the provisions of
the preceding section of this act, shall forfeit
and pay the sum of thirty dollars for each and
every such offense.
Supplement.
Passed February 3, 1S43.
1. That from and after the passing of this
act it shall not be lawful for any person or
persons to float or otherwise make use of any
gilling-seine or drift-net in the mouth of Co-
hansey creek, in the county of Cumberland, or
in the River Delaware, within one mile of the
mouth of said creek, that may tend to prevent,
obstruct or hinder the fish from going into
said creek, or from going up or down the same,
except upon the usual fishing grounds for
draw seines or scoop-nets, in the season for
fishing, that are either now or may hereafter
be established.
74 LOCAL AND SPECIAL LAWS.
2. That if any person or persons shall oiFend
against the provisions of this act, they shall
forfeit and pay the sum of thirty dollars for
each and every such offense.
An Act for the protection of the fish and
fisheries in Cumberland county.
Approved April 4, 1873.
1. That from and after the passage of this
act it shall not be lawful for any person or
persons whatsoever to erect, build, set up, re-
pair or maintain, or to aid, or assist, or abet in
erecting, setting, repairing or maintaining any
weir, rack, fishing dam, or pond, or to fix or
fasten to a weir any seine or nets of any kind,
for making wings thereof for the purpose of
catching fish, or for any other purpose, in any
of the waters of Cumberland county, or in any
part of Delaware bay contiguous thereto, and
any person or persons so offending shall forfeit
and pay for every such offense the sum of one
hundred dollars.
LOCAL AND SPECIAL LAWS. 75
An Act for the better regulation of fishing in
the Hackensacl< river, In the county of
Bergen.
Passed December 3, -1807.
1. That from and after the passing of this
act no person or persons whatsoever shall be
allowed to affix, fasten or set any net or nets,
or other device or devices, in said river, that
may tend to obstruct or hinder the fish from
going up or down the same, which shall extend
to more than one-fourth part of the width of
said river at any one place, leaving the river
free and clear of any such obstruction; pro-
vided, alwaySf that nothing in this , act con-
tained shall extend to prevent any person or
persons from drawing or sweeping with seines
or nets as heretofore.
2. That all and every person or persons what-
soever who shall fix, fasten or set any net or
nets, device or devices (or cause the same to
be done), contrary to the provisions of the pre-
ceding section of this act, shall forfeit and pay
the sum of fifteen dollars for every such offense.
76 LOCAL AND SPECIAL LAWS.
An Act concerning the capture of carp by
means of nets or seines in tiie Hackensacic
river and its tributaries or branciies within
tlie counties of Bergen and Hudson.
Approved April 7, 1903.
1. Hereafter it shall be lawful for any per-
son or persons who are resident citizens of the
State of New Jersey to take carp in the Hack-
ensack river and its tributaries or branches
within the counties of Bergen and Hudson by
means of nets or seines with meshes not less
than four inches in size.
An Act for tlie better regulating of the fishing
in Newark bay and in the Passaic and
Hackensack rivers.
Passed December 7, 1825.
1. That from and after the passage of this
act no person or persons shall, at any time
between the first day of April and the first
day of June, set, aflSx, or fasten any net or nets,
device or devices, in any part of Newark bay,
except on the easterly shore thereof, extending
from the said shore not more than one-fourth
of the way across, or which ^all extend into
the main channel running from the Hackensack
LOCAIi AND SPECIAL LAWS. 77
river through the said bay, or in anywise to ob-
struct the nayigation thereof.
2. That no person or persons shall, within
that time mentioned in the first section of this
act, set, affix or fasten any net or nets, device
or devices in any part of the Passaic or Hack-
ensack river, or on the bridge across said river;
excepting along the shore of Hackensack river,
and not to extend to more than one-fifth part
of the width of said river from the shore
thereof.
3. That nothing In this act contained shall
be so construed as to prevent any person or
persons from drawing or sweeping with seines
or nets, as heretofore, or to authorize placing
any obstructions contrary to the provisions of
the foregoing sections of this act, in the rivers
or bay aforesaid, which will- interrupt the
navigation thereof.
4. That if any person or. persons shall offend
against the provisions of this act, he, she or
they shall, on conviction thereof as aforesaid,
pay the sum of twenty dollars for every of-
fense.
78 LOCAL AND SPECIAL LAWS.
An Act for the preservation of fish in the
IHaclcensacIc river and its tributaries or
branches, within the counties of Bergen and
Hudson.
Approyed April 26, 1894.
1. That hereafter it shall not be lawful for
any person or persons to take any striped bass,
white or yellow perch from the Hackensack
river and its tributaries or branches within
the counties of Bergen and Hudson, by any
means, methods or devices, save only with hook
and line, commonly called angling, or with
scroll spoon, commonly called trolling.
2. That any person who shall offend against
the provisions contained in this act shall, upon
conviction thereof before any Justice of the
peace, either in the county in which said of-
fense Is committed or in which the offender
resides or may be found, be punished by im-
prisonment in the common jail of the county
where the conviction is had for the term of
ten days, or by a fine of twenty dollars and
costs, for each and every offense.
(The rest of section 2 and the whole of sec-
tion 3 supplied by procedure act approved
March 29, 1897.)
4. (As amended by act approved A^ril 4,
1902.) Hereafter it shall not be lawful for any
person or persons to use any seine, net, gill,
LOCAL AND SPECIAL LAWS. 79
drift, purse-net or nets, anchor or sink nets,
fixed nets, trap, pound, fyke, weir, or other
apparatus or tackling,, except hook and line,
commonly called angling, or scroll spoon, com-
monly called trolling, in the said Hackensack
river and its tributaries, between the tenth
day of June and the twenty-fifth day of Febru-
ary in each and every year, under the pain,
penalties and forfeitures provided herein; but
nothing in this act contained shall prohibit the
taking of tomcods with fyke-nets only between
the fifteenth day of December and the fifteenth
day of January in each year, north of Secaucus
bridge, and the taking of carp, catfish and eels
with fyke-nets and eel-pots only between the
tenth day of June and the fifteenth day of
December in each and every year, south of
Secaucus bridge; provided^ that each and
every other kind or sort of fish, other than
carp, catfish and eels, and for which a close
season is provided by law, shall, if taken dur-
ing such close season, be immediately re-
turned to the water whence taken, under the
pains, penalties and forfeitures provided by
law.
80 LOCAL AND SPECIAL LAWS.
An Act to prevent fishing witii any gill, drift,
seine, fylce or other net or nets, in certain
of the waters within New Jer8ey4
Approved April 12, 1867.
1. That hereafter it shall not be lawful for
any person or persons, at any time, by day or
by night, to set, put or place any gill, drift,
fyke or other net or nets in any of the waters
of Newark bay and Passaic river and tribu-
taries thereto, and the Kill von, Kull, so far
as the same are in and under the jurisdiction
of New Jersey, after the twentieth day of
June and before the first day of September of
each and every year, or to keep said gill, drift,
fyke or other net, or nets so set, put or
placed, in any of said waters, after the twen-
tieth day of June and before the first day of
September of each and every year, or at any
time during the year, to set, put or place any
gill, drift, fyke or other net or nets, in or
across the mouth or inlet or outlet of any of
the rivers, creeks or other streams aforesaid,
under the penalty of fifty dollars for each and
every time said gill, drift, fyke or other net
or nets shall be so set, put or placed and for
each and every time the same shall be allowed
to remain so set, put or placed.
2. That hereafter it shall not be lawful for
any person or persons at any time, by day or
LOCAL AND SPECIAL LAWS. 81
night, to fish or haul any seine or net in any
of the waters aforesaid, after the twentieth
day of June and before the first day of Sep-
tember of each and every year, under a penalty
of fifty dollars for each and every time said
seine or net' shall be fished or hauled.
(Sections 3 and 4 repealed by act approved
March 22, 1896.)
(Section 5 supplied by procedure act approved
March 29, 1897.)
Arr Act to regulate the shad fisheries in Mana-
squan river.
Approved March 12, 1858.
1. That after the date of this act it shall not
be lawful, except between the first day of
April and the fifteenth day of June of any year,
for any person or persons to erect, set or keep
setting, any fish-dam, basket, net, fyke or other
device whereby shad may be taken, or their
passage impeded, anywhere in Manasquan
river, between the mouth of Marsh's brook and
the inlet of said river.
2. Tliac it shall not be lawful at any time
for any person or persons, to erect, set or keep
setting, within said limits of said river, any
fish-dam, basket, net, fyke or other device for
taking shad or impeding their passage, either
wing of which shall exceed twenty-five feet
82 LOCAL AND SPECIAL LAWS.
in length, or any part of which shall occupy
water less than two feet deep; nor shall it
be lawful for the whole of the same to occupy
more than two-thirds of the channel of said
river at the place whereat it is erected or set.
3. That it shall not be lawful, between sun-
down of any Saturday and sunrise of the next
Monday, to set or haul any seine, or set, or
keep setting any such fish-dam, basket, net,
fyke or other device, within said limits of said
river.
4. That any person or persons violating any
of the provisions of this act shall be fined -the
sum of fifty dollars and costs for each and
every oftense.
An Act to regulate fishing in iVIanasquan river,
in the counties of IVIonmouth and Ocean, and
also Wreck pond, in the county of Mon-
mouth.
Approved March 15, 1859.
1. That from and after the passage of this
act it shall not be lawful for any person or
persons whomsoever to draw, set, or in any
other manner use any seine or net, or any-
thing in the nature of a seine or net, for the
purpose of catching fish or otherwise, in Man-
asquan river, in the counties of Monmouth
and Ocean, and in Wreck pond, in the county
LOCAL AND SPECIAL LAWS. 83
of Monmouth, the meshes whereof are less
than one inch square.
2. That any person or persons violating the
provisions of this act shall he fined the sum
of twenty dollars and costs of suit for each
and every offense.
Supplement.
Approved March 29, 1861.
1. That the provisions of the act to which
this is a supplement he extended to all the
waters, rivers, creelts, shoals or bays of the
counties of Ocean and Burlington, lying along
or emptying into the Atlantic ocean.
An Act for the further protection of the fish-
eries in IVIaurice river, Cumberland county.
Approved April 7, 1863.
1. That it shall be unlawful for any person
or persons not residents of this State to take
or cause to be taken, fish of any kind or de-
scription from the waters of Maurice river, in
said county, its shores, flats or tributaries, by
means of nets, seines, hooks or any other
tackle whatsoever; any person or persons so
offending shall forfeit and pay for every such
offense the sum of fifty dollars.
84 LOCAL AND SPECIAL LAWS.
An Act relative to fishing In the Rancocas
creek, in the county of Burlington.
Approved April 17, 1846.
1. That every person who shall aflSlx, fasten
or set any net or nets, or use any device or
devices whatsoever, that may tend to obstruct
or hinder shad from going up or down the
Kancocas creek, In the county of Burlington,
shall, for each and every offense, be liable to
a penalty of twenty dollars; provided always,
that such prosecution shall be commenced
within six months after the said offense shall
have been committed; and provided also, that
nothing in this act contained shall extend to
prevent any person or persons from drawing
or sweeping with seines or nets, oi^ fishing
with hoop-nets, in said creek as heretofore.
An Act to regulate and protect the fisheries in
the north and south branches of the Shrews-
bury river, In the county of Monmouth.
Passed March 6, 1837.
1. That from and after the passage of this
act it shall not be lawful for any person or per-
sons whatsoever not citizens or residents of
this State, to fish by night in either of the said
LOCAL AND SPECIAL LAWS. 85
branches of Shrewsbury river. In the county
of Monmouth, with fires or lights placed in or
about any boat, batteau, canoe or other vessel,
or to make use of any gigs or spear, in catching
fish by the aid of fires or lights placed in or
about any boat, batteau, canoe or other vessel.
2. Th^t all and every person or persons who
may or shall offend against the provisions of
this act shall forfeit and pay the sum of
twenty dollars for each and every offense;
providedy that nothing in this act contained
shall be construed or taken to prevent any
person or persons from fishing with hook and
line or with a seine at any time of the year.
An Act relative to fishing in the North and
South Shrewsbury rivers, and in the waters
of Sandy Hook and Raritan Bay.
Approved April 17, 1882.
1. That it shall be lawful to fish with fyke-
nets in the North and South Shrewsbury rivers,
except between the fifteenth day of May and
the first day of August in any year, and that it
shall be lawful to fish with seine and fyke-nets
in the waters of Sandy Hook and Raritan bay
throughout the year.
(Section 2 repealed by P. L., 1884, p. 78.)
86 LOCAL AND SFEGIAL LAWS.
3. That it shall be lawful to set gill-nets in
the North and South Shrewsbury rivers, with
not less than three-inch mesh, for the purpose
of taking mossbunkers.
4. That it shall not be lawful to set or haul
any net of any kind within one-quarter of a
mile of the Seabright drawbridge and the High-
lands of Navesink drawbridge.
An Act to regulate the fisheries in Raritan and
South rivers.
Passed February 6, 1844.
1. That from and after the passing of this
act it shall not be lawful for any person or
persons, to set any net, seine or other, device
across either the Raritan or South rivers, nor
any hoop-net, gilling-net, weir or fyke further
into the same than the edge of the channel
thereof, on the same side where such net, weir
or fyke is set or constructed.
2. That if any person or persons shall oftend
against this act, he or they shall forfeit and
pay for every such offense any sum not less
t>han ten nor more than fifty dollars.
(The rest of Section 2 and the whole of
Section 3 repealed by the general procedure
act approved March 29, 1837.)
LOCAL AND SPEX!IAL LAWS. 87
4. That if any person shall make use of any
shad seine or shad net, for the purpose of
catching fish in the river Raritan, or South
river, after the tenth day of June in each and
every year, every such person or persons so
offending, and being convicted thereof, shall
forfeit and pay any sum not less than five
dollars nor more than fifty dollars; and for
every second offense so committed against this
section he may be imprisoned in the county
jail for any time not exceeding thirty days, at
the discretion of the justice before whom the
same may have been heard and determined.
An Act for the preservation of the fish during
the spawning season, and to prevent the
fishing with nets, fykes, seines or baskets in
the Raritan and iVIillstone rivers and their
tributaries.
Approved March 15, 1861.
1. That after the passage of this act it shall
not be lawful for any person or persons to set
or haul any seine, net, fyke, basket or box for
catching fish within the waters or limits of the
Raritan and Millstone rivers, or any of the
streams, brooks or tributaries leading thereto,
above the canal dam, across said Raritan river,
except only between the first day of July and
88 LOCAL AND SPECIAL LAWS.
the first day of March of each and every year,
under the penalty of ten dollars for each and
every offense.
(The rest of Section 1 and the whole of
Section 2 repealed by the general procedure
act approved March 29, 1897.)
4. That this act is not intended to apply to,
and does not apply to, fishing for shad in said
rivers and their tributaries during the time
mentioned in this act; provided, said fishing
for shad shall be with nets of four-inch mesh
or over, so as not to destroy the small fish
during the season of breeding.
An Act for the better protection of fish in the
Raritan river and its tributaries.
Approved March 17, 1875.
(As amended by supplement approved May
12, 1896.)
1. From and after the passage of this act,
any persons or persons who shall cast, lay out
or drift, either from a boat or from the shores,
any seine or gill-net, or other net, with a
smaller mesh than one-inch bar, in that por-
tion of the Raritan river, or any of the branches
or tributaries thereof, above the railroad
bridge at New Brunswick, known as the Penn-
sylvania railroad bridge, between the first day
LOCAL AND SPECIAL LAWS. 89
of January and the tenth day of October in
each and every year; and any person or per-
sons who shall so cast, lay out or drift any such
seine or net, of whatever size of mesh, in any
portion of said river or any of its branche's or
tributaries, between the tenth day of June and
the first day of September in each and every
year, then every such person or persons so of-
fending shall be deemed guilty of a misde-
meanor, and on conviction thereof, shall be
punished by a fine not exceeding one hundred
dollars, or imprisonment not exceeding three
months, or both, at the discretipn of the court.
2. BYom and after the passage of this act,
any person or persons who shall at any time
cast, lay out or drift any seine, gill-net, or other
net whatsoever, either from a boat or from the
shores, in the waters of the Raritan river, or
shall set any trap of any kind for the puri)ose
of capturing fish, or shall spear any fish within
nine hundred feet, either above or below the
dam across said river between the village of
Bound Brook and the city of New Brunswick,
then every such person or persons so offending
shall be deemed guilty of a misdemeanor, and
on conviction shall be punished by a fine not
exceeding, two hundred dollars, or imprison-
ment not exceeding six months at the discre-
tion of the court.
90 LOCAL AND SPECIAL LAWS.
An Act relative to fishing in the several creelcs
In the county of Salem.
Passed February 6, 1815.
1. That If any person or persons shall drive,
beat, splash or make a noise in Salem, other-
wise called Penn's Neck creek. Mill creek
being a branch thereof, and Alloway's creek,
in the county of Salem, for the purpose or
with the intention of molesting, disturbing or
impeding shad or other fish in their natural
course either up or down any of the said
creeks aforesaid, or shall affix, fasten or set
any net or nets, or other device or devices
that may tend to obstruct or hinder the fish
from going up or down the same, he, she or
they so offending shall forfeit and pay for
each and every offense the sum of forty dollars;
provided always, that such prosecution shall
be commenced within one year after the said
offense shall have been committed; and pro-
videdy alsOf that nothing in this act contained
shall extend to prevent any person or persons
from drawing or sweeping with seines or nets
or fishing with hoop-nets as heretofore.
LOCAL AND SPECIAL LAWS. 91
An Act to regulate fishing in Shark river, in
the county of IMonmouth.
Approved March 17, 1854.
1. That from and after the passage of this
act no person shall fish in Shark river, in the
county of Monmouth, with any net or seine
the meshes of which are less than one inch
square, and if any person shall offend against
this act he shall, for every offense, forfeit the
sum of twenty-five dollars.
An Act to regulate the fisheries in Mullica
river.
rassed December 2, 1823.
1. That from and after the passing of this
act it shall not be lawful for any person to
erect, fasten or fix any fish-weir, hoop-nets,
seine, or other device for the purpose of catch-
ing fish, across any part of Mullica's river, so
as to prevent a free passage of fish between
the mouth of said river and a station known
by the name of Mapp's creek; and if any per-
son shall offend against this act he or she shall
forfeit and pay, for every such offense, ten
dollars.
92 LOCAL AND SPECL^kL LAWS.
An Act to repeal part of the act regulating
the fisheries in the IMullica river, passed
December second, one thousand eight hun-
dred and twenty-three.
ApproTed Marcli 20, 1857.
1. That from and after the passage of this
act it shall and may be lawful for any person
to erect, fasten or fix a fish-welr, hoop-net or
other device for the purpose of catching fish
in the Mullica river; provided, said weir, hoop-
net or other device for the purpose of catching
fish shall not be erected within one-eighth of
a mile of any fishery on said river for which
the owner pays tax, or to occupy more than
fifty feet in said river in any one place.
Supplement.
Passed April 3, 1867.
1. That it shall not be lawful to use any drag-
net or nets, either singly or together, of a
greater length than seventy fathoms, or of a
less size mesh than three inches anywhere
in the Mullica river.
2. (As amended May 11, 1905.) It shall be
lawful to use set-nets of any kind, with meshes
not less than three inches in size and not ex-
ceeding in length or breadth forty feet; pro-
vided, it shall not be lawful to use any such
LOCAL AND SPIXSLAL LAWS. 93
set-net within four hundred feet of any other
8et-net» nor within one-eighth of a mile of any
fishery on said river on which the owner pays
tax, nor to obstruct the free navigation of said
river.
3. (Repealed by act approved March 17,
1870.)
4. That if any person or persons shall use
any net or device for the purpose of catching
fish anywhere on said river on Sunday, he
or they so oftending shall, on conviction
thereof, pay the sum hereinafter stipulated.
(The rest of this act imposes a penalty of
twenty dollars for violations, the procedure
being supplied by the general procedure act
approved March ^9, 1897.)
An Act for the preservation of fish in the
waters of the Raritan and Sandy Hook bays
and their tributaries.
Approyed March 8, 1872.
1. That it shall not be lawful for any person
or persons, or any corporation or association,
to erect or cause to be erected any floating
factory, for the purpose of pressing or obtaining
oil from fish, in any of the waters of Raritan
bay or Sandy Hook bay, or any of the tribu-
taries of said bays, or either of them.
94 LOCAL AND SPECIAL LAWS.
2. That it shall not be lawful for any person
or persons or any corporation or association,
to place on board any vessel, of any description
whatever, any machinery, with intent to use
such machinery for pressing or obtaining oil
from fish in the waters of Raritan bay or
Sandy Hook bay, or of any of the tributaries
of the said bays, or either of them.
3. That it shall not be lawful for any person
or persons, corporation or association, to per-
mit to flow into the waters of the above-named
bays, or of their tributaries, from any floating
factory, or from any factory located upon the
shores of either of said bays, or either of their
tributaries, any soap, pumice, debris, residuum
or refuse matter of any description arising
from the pressing or manufacturing oils from
fish.
4. That all vessels and floating erections of
every description found upon the waters of the
Raritan bay or of the Sandy Hiook bay, or of
any of the tributaries of either of said bays,
with machinery and materials for the purpose
of manufacturing oil from fish, in either of
said bays or their tributaries, shall, with all the
machinery, stock and fixtures, be forfeited to
the State of New Jersey.
5. That all persons employed or in any way
engaged in violation of any of the foregoing
provisions of this act shall be deemied guilty
LOCAL AND SPECIAL LAWS. 95
of a misdemeanor, and, on conviction in any
court of competent jurisdiction, shall be pun-
ished by fine not exceeding two hundred dol-
lars, or imprisonment at hard labor not ex-
ceeding one year, or both, in the discretion of
the court.
6. That of all fines, penalties and forfeitures
incurred under this act the informer shall be
entitled to receive one moiety of said fines
and forfeitures, and the other moiety shall be
paid into the treasury of the State.
7. That this act shall take effect immediately.
An Act for the preservation of crabs in the
waters of the North and South Shrewsbury
rivers and their tributaries.
* Approved February 6, 1875.
1. That it shall not be lawful for any person
or persons to catch or take from the waters
of the North and South Shrewsbury rivers, or
their tributaries, any of the species of shell-
fish, commonly called "crabs" between the
first day of November and the first day of
May, yearly and every year.
2. That every person or persons offending
against the provisions of the foregoing section
of this act, and being convicted of the same
before any justice of the peace of this State,
96 LOCAL AND SPECIAL LAWS.
shall be fined in any sum not less than twenty-
five dollars nor more than fifty dollars, for each
and every offense, at the discretion of the jus-
tice before whom conviction is had; one-half to
the plaintiff and one-half to the county col-
lector for the benefit of the county, and on
non-payment of said fine shall be committed
to the county Jail of the county for any period
not exceeding thirty days, or until fine and
costs are paid.
THE DELAWARE RIVER.
An Act to regulate the fisheries in the river
Delaware, and for other purposes.
Passed November 26, 1808.
(Sections 1 and 2 repealed by an act ap-
prove November 28, 1822.)
3. That from the place or places where
seines or nets are usually thrown in, to the
place or places where they have been usually
taken out, or from the place or places where
they may be thrown into the water to the
place or places where they may be taken out,
shall be deemed and held to be a pool or fish-
ing place, within the meaning of this act.
(Section 4 repealed November 28, 1822.)
5. That if any person or persons whosoever
shall erect, build, set up, repair or maintain,
or shall be aiding, assisting or abetting in
erecting, building, setting, repairing or main-
taining 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 whatso-
ever, exdept fishing with sweeping seine, hooks
and lines, darts, scoop-nets and eel baskets, for
taking fish in the river Delaware, within the
limits aforesaid, every person or persons so
98 THE DELAWARE RIVER.
offending and being legally convicted thereof
by the oath or affirmation of one or more credi-
ble witnesses, or by his or their own confes-
sion, shall forfeit and pay the sum of one hun-
dred dollars, together with the costs of suit.
6. That if any person or persons whosoever
shall erect, build, set up, repair or maintain,
or shall be aiding or assisting in erecting,
building, setting up, repairing or maintaining
any wing dam, or placing any other obstruc-
tion injurious to the navigation of said river
as aforesaid, except such milldams as have
been or hereafter may be put up in pursuance
of any special act of the legislature, and being
thereof legally convicted, shall forfeit and pay
the sum of one hundred dollars, to be paid to
and applied for the use aforesaid; provided
always y that wherever the land of any person
along the said river is situated so low as to
make it difficult to keep a fence, in such case
they shall be allowed the privilege of making
a wall or rack sufficient to answer the purpose
of preventing cattle from going round, with
making and providing a sufficient passage near
the shore, at least eleven feet wide, sufficiently
deep for boats to pass through, until the water
is so low as to go conveniently round the said
wall.
(Section 7 repealed by act approved Janu-
ary 20, 1814.)
THE DELAWABE RIVER. 99
(Section 8 repealed by procedure act ap-
proved March 29, 1897.)
(Section 9 repealed by act approved Janu-
ary 20, 1814.)
10. That if any person or persons whosoever
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
line strikes the river at low-water mark
agoing out, or suffer it to swing beyond the
right angle of the &hore of the river, and
where his line strikes it at low-water mark
acoming in (except by unavoidable accident),
every person or persons so offending, and being
thereof legally convicted, shall forfeit and pay
the sum of twenty-five dollars for each and
every such offense, with costs and damage, to
be paid to the person against whose land such
trespass shall be committed, if he shall sue
for the same within six months after such tres-
pass has been committed.
11. That if any ship, vessel or raft shall,
during the season of catching shad in the
Delaware, come to anchor at the same on any
fishing ground where shad are usually taken,
and shall not immediately be removed from
the said fishing ground, if such removal can
be done with safety, on application for that
purpose by the owner or occupier of such fish-
100 THE DELAWARE BIVEB.
ery, to the captain, pilot or person having the
command of the said ship, vessel or raft, or
if any ship, vessel or raft be willfully run on
shore on any such fishing ground, then such
captain, pilot or person having the command
as aforesaid shall forfeit and pay sixty dol-
lars, to be recovered by action of debt, with
costs, by the said owner or occupier.
Supplement.
Passrd November 28, 1822.
(Section 1 repealed by act approved Febru-
ary 15, 1833.)
(Section 2 repealed by act approved March
22, 1845.)
(Section 3 supplied by act approved Febru-
ary 15, 1833.)
4. That the owner or possessor of every
fishery upon the river Delaware, within the
jurisdiction of this State, his tenant or agent,
shall, before he occupies the same as a fishery,
give to the clerk of the court of common pleas
of the county wherein such fishery or 'the
greatest part thereof may be, a description, in
writing, of his, her or their pool or fishing
place, designating the beginning and ending
point, and the extent thereof on the river
shore, together with the name of the township
and county in which it is situated, and the
THE DELAWARE BIYEB. 101
number of men generally employed in fishing
the same, and shall also enter into bond, with
one or more suflacient sureties, to the clerk of
the said county, and his successors in office, in
the penal sum of five hundred dollars, condi-
tioned for the payment of all fines and penal-
ties created or given by this act, or the act or
acts to which this is ar supplement, that shall
and may be incurred and recovered for any
infraction of or offense against the said act or
acts, committed at such fishery by his, her or
their command or permission, during his, her
or their occupying the said fishery, personally
or by tenant; which said description and bond
it shall be the duty of the said clerk to file in
his office, and give a certificate thereof to the
I>erson producing the same on being paid fifty
cents; which said bond shall he security for
all such penalties as may be recovered against
the said owner or possessor, tenant or agent,
during the time he, she or they may occupy
the same; and in case of a recovery against
such owner or possessor, tenant or agent, for
any penalty given by the said act or acts, and
the non-payment thereof, it shall be the duty
of the said clerk to cause the said bond to be
prosecuted to judgment, and apply the pro-
ceeds thereof to the payment or discharge of
the said recovery; and if any person or per-
sons^ shall fish in any fishery so entered as
102 THE DELAWARE EIVEB.
aforesaid, or draw, cast or otherwise make use
of any seine net within the same, or in the
said river opposite the river shore included
within the hounds thereof, without permission,
in writing, from him, her or them so owning,
possessing and entering the same, first had
and obtained, he or they so offending shall for-
feit and pay the sum of two hundred and fifty
dollars, together with the costs of suit, for
each and every offense, to be sued for and re-
covered by the person or persons so owning,
possessing and entering the said fishery, in any
court of competent jurisdiction.
5. That if any person or persons shall cast,
draw, fish with or otherwise maKe use of any
seine or net in the river Delaware, within the
jurisdiction of this State and within the limits
of the concurrent jurisdiction of this State and
the State of Pennsylvania, between the first
day of April and the tenth day of July, in
each and every year, without having first en-
tered his, her or their fishery as aforesaid, or
at any place in the said river Delaware, within
the jurisdiction of this State, than at, in or
opposite the shore boundaries of a pool or fish-
ing place, described and entered in the manner
prescribed in the preceding section, he or they
so offending shall forfeit and pay the sum of
two hundred and fifty dollars, together with
THE DELAWARE BIVER. 103
the costs of suit, for each and every such
offense.
6. That it shall and may be lawful for any
owner or owners, possessor or possessors, of
any shore on the river Delaware, within the
Jurisdiction of this State, below the Trenton
bridge, having entered the same as a fishery
and given bond in the manner prescribed by
the fourth section of this act, to fish the same
in front 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 and boats
used at such gllling-seine or drift-net fishery
shall have the name or names and place oi*
places of abode of the person owning or enter-
ing the said fishery painted in large legible
capital letters on the gunwale thereof.
7. That if any person or persons shall be
found making use of a gilling-seine or drift-
net in the river Delaware within the jurisdic-
tion of the 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 drift-net fishery,
and given bond as aforesaid, or beyond the
angles of the shore boundaries of the said
104 THE DELAWARE RIVER.
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
March and the tenth day of July of each and
every year, he, she 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 offense.
8. That the township committee of each
township adjoining the said river Delaware,
within the jurisdiction of this State, may,
every year, at their first meeting after their
election, appoint one constable of their re-
spective townships, whose duty it shall be,
having taken an oath of affirmation before
a justice of the peace of the township in which
he resides, that he will, without fear, favor
or affection to any, endeavor to execute this
act, and the act or acts to which this is a
supplement, according to the true intent and
meaning thereof, carefully and diligently to
view and Inspect the shores of the said river;
and the fisheries thereon, in his township, once
a week, at least between the first day of April
and the tenth day of July in each and every
year, to put this act in force, and to cause all
offenses or transgressions against the same,
or the .afct or acts to which this is a supple-
ment, to be prosecuted agreeably to the direc-
tions thereof, for which service he shall be en-
THE DELAWARE RIVER. 105
titled' to receive the sum of seventy-five cents
per day, to be paid by the collector of the
county in which he acts, on proving, by his
own oath of affirmation, before some justice
of the peace of the township, the number of
days engaged in the said service. .
"9. That if an^ constable of any township in
this State, adjoining the river Delaware, shall
neglect or refuse to do and perform the ^uty
enjoined upon him by this act, or the act or
acts to which this is a supplement, or to carry
the same into effect against any offenders
within his own view or knowledge, or upon
the information of any credible witness, he
shall forfeit and pay, for every such neglect,
the sum of one hundred dollars, together with
the cost of suits.
10. That if any person or persons shall, by
threat, menace or otherwise attempt to deter
or prevent any constable, collector, or any
other person from enforcing or carrying into
effect this act, or the act or acts to which this
is a supplement, or any part thereof, he or
they so offending shall forfeit and pay the
sum of one hundred dollars, with costs of suit,
for each and every such offense.
(Sections 11, 12 and 13 supplied by pro-
cedure act approved March 29, 1897.)
14. That if any person or persons on board
any such boat, or in possession of such seine,
106 THE DELAWARE RIVEB.
net or tackling, shall resist any officer or an-
other person or persons in the lawful seizure
of the same, then every person so offending
shall forfeit and pay the sum of one hundred
dollars, together with the costs of suit, for
each offense.
(Section 15 supplied by procedure act ap-
proved March 29, 1897.)
Supplement.
Passed February 15, 1833.
1. That from and after the passing of this
act, if any person or persons whosoever shall
cast or lay out any seine or net in the river
Delaware, within the concurrent jurisdiction
of this State and the State of Pennsylvania,
from sunset on Saturday until twelve o"*clock
on Sunday night 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 offense.
(Section 2 supplied by Section 1 of supple-
ment of 1858.)
3. That if any person or persons shall at any
time hereafter unlawfully make use of any
gilling-seines or drift-net in the river Dela-
ware, within the concurrent jurisdiction of
this State and the State of Pennsylvania, be-
low the Trenton bridge, without having first '
THE DELAWARE ttlVEft. 107
entered his gilling-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 fish-
eries 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 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 exceeding three months, or
both, at the discretion of the court before
which such offender or offenders shall be con-
victed.
4. That if any person or persons shall un-
lawfuly cast, draw, 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 concurrent
jurisdiction of this State and the State of
Pennsylvania, between the first day of March
and the tenth day of July in 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 exceeding six months, or both,
at the discretion of the court before which
108 THE DELAWARE BIVER.
such offender or offenders shall be tconvlcted;
providedy that this act shall not subject to con-
viction 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.
Supplement.
Approved March 22, 1845.
1. If any i>erson or persons whomsoever
shall cast, draw or otherwise use, for the pur-
pose of catching fish, more than one seine or
net in any pool or fishing place in the river
Delaware, within the jurisdiction of this State,
at any place opposite to or above the . lower
mouth of Rancocas creek, in the county of
Burlington, in the State of New Jersey, and
more than two seines or nets in any one pool
or fishing place from thence as far down as
the concurrent jurisdiction of this State and
the State of Pennsylvania extends, within any
one term of twenty-four hours, beginning at
sunrise and ending at sunrise the day follow-
ing, or shall be aiding or assisting therein,
contrary to the true intent and meaning of this
act, or the act entitled "An act further supple-
mentary to an act entitled *An act to regulate
fisheries in the river Delaware, and for other
purposes,' " passed the twenty-eighth day of
THE DELAWARE BIVER. 109
November, a. d. one thousand eight hundred
and twenty-two, he, she or they so offending
shall forfeit and pay the sum of two hundred
and fifty dollars, together with costs of suit,
for each and every such offense; provided al-
ways, that it shall and may be lawful for any
person or persons who, by accident or other-
wise, may be deprived of the seine or net first
used In any pool or fishing place, in any term
of' twenty-four hours, to withdraw the same
and substit^te another seine or net in the place
of the one so withdrawn.
Supplement.
Approved March 12, 1852.
1. No person being an inhabitant of this
State, or of the State of Pennsylvania, shall be
subjected to the pains and penalties prescribed
by law for illegal fishing in the river Delaware,
with a giliing-seine or drift-net, unless he shall
so fish in some pool or fishing place entered as
such according to law; provided, that any per-
son so fishing, except as to the entering of the
place fished by him as his fishery, shall, in all
other respects, conform to the laws regulat-
ing fisheries in said rivers; and provided fur-
ther, that nothing in this act shall be con-
strued to impair the right of the owner of any
110 THE DELAWARE BIYEB.
shore upon said river to the exclusive enjoy-
ment of his fishery annexed thereto, upon en-
tering the same as a fishery as aforesaid.
2. That so much of any law as limits the
length of gilling-selnes or drift-nets used in
said river to sixty fathoms shall be and the
same is hereby repealed.
Supplement.
Approved February 26, 1858.
(Section 1 amended by Section 1 of act of
March 27, 1884.)
2.. It shall not be lawful for any person or
persons, for the purpose of catching fish in
the river Delaware 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 persons
shall so anchor, stake down or otherwise fasten
any drift-net or gilling-seine in or across said
river within the jurisdiction of this State, for
the purpose of catching fish, he, she or they
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 exceed-
ing three months, or both, at the discretion of
the court before which such offender or of-
fenders shall be convicted; and every such net
I
THE DELAWARE RIVEB. Ill
or seine so anchored, staked down or otherwise
fastened in or across said river, shall be
deemed and considered a public nuisance, and
liable to be abated or removed by any person
or i>ersons who may deem proper to abate or
remove the same.
Supplement.
Approved March 15, 1871.
(Section 1 amended by Section 2 of an act of
March 27, 1884.)
2. That if any person or persons shall cast,
draw, fasten or otherwise make use of any
seine-net, fyke-net or net of any other descrip-
tion, of a less mesh than ten inches, or any
other appliance except the hook and line, for
the purpose of catching fish in the river Dela-
ware, within the jurisdiction of this State,
below the head of Trenton falls, between the
tenth day of June and the tenth day of August
in any year, or above the Trenton falls be-
tween the fifteenth day of June and the tenth
day of August in any year, 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 ofCense.
(Section 3 supplied by general act for ap-
pointment of wardens, approved March 22,
1895.)
112 THE DELAWARE RIVER.
(Sections 4 and 5 supplied by general pro-
cedure act, approved March 29, 1897.)
Section 6 repealed by supplement of 1S72,
Section 1.)
An Act to regulate fisheries on islands and
bars in the river Delaware.
Passed February 15, 1819.
1. That from and after the passage of this
act, the right of fishery on all islands and bars
in the river Delaware, within the jurisdiction
of this State, shall be bounded by lines drawn
from the extreme upper and lower points of
said islands and bars, at right angles with
their general course or bearing, which shall
and may be determined by a base line drawn
through the extreme points of said islands and
bars at low-water mark; and if any person or
persons shall cast or lay out, or suffer to drift
or swing, any seine or net beyond the right-
angle range of either extreme point at low-
water mark of any island or bar in the river
Delaware, within the jurisdiction of this State
as aforesaid, or beyond the right-angle range
of his or their front on said island or bar,
without the permission or consent of him or
them owning beyond said limits, except by un-
avoidable accident; any person or persons so
offending, and being thereof legally convicted,
THE DELAWARE RIVER. 113
shall forfeit and pay for each and every such
offense the sum of fifty dollars, to be sued for
and recovered in any court having competent
jurisdiction thereof, with costs of suit, to be
recovered by the person against whose fishery
or right of fishery such trespass shall have
been committed; provided always, that noth-
ing in this act contained shall be so construed
as to prevent any owner or occupier of any
fishery, on any island or bar in the river Dela-
ware, casting or laying out any seine or net,
or suffering the same to drift or swing in land-
ing or drawing in, beyond said limits, in all
cases where no other fishery is or may be im-
mediately adjoining thereto.
Supplement.
Approved March 27, 1884.
1. That Section 1 of a supplement to said act
passed February twenty-sixth, one thousand
eight hundred and fifty-eight, be amended to
read as follows:
That if any person or persons shall cast,
draw or otherwise make use of any seine or
net of a less mesh than ten inches, or any other
appliances except the hook and line, for the
purpose of catching fish in the river Delaware,
within the jurisdiction of this State, between
the fifteenth day of June and the tenth day of
114 THE DELAWARE BIVEB.
August, below the head of Trenton falls, and
between the twentieth day of June and the
tenth day of August, above the head of Tren-
ton falls, in any year, he, she or they so offend-
ing shall forfeit and pay the sum of one hun-
dred dollars, together with costs of suit, for
each and every offense.
2. That Section 1 of a supplement to said
act, passed March fifteenth, one thousand eight
hundred and seventy-two, be amended to read
as follows:
That hereafter no person shall, within this
State, have in his possession, or expose to sale,
any shad caught in the river Delaware or any
of its tributaries, within the jurisdiction of
this State, between the sixteenth day of June
and the tenth day of August, below the head
of Trenton falls, and the twenty-first day of
June and the tenth day of August, above the
head of the Trenton falls, 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 an action of debt, with costs of
suit, by any person or persons in his or their
name or names, before any justice of the peace
in the county where the offence was committed,
or where the defendant resides or is found, and
in all prosecutions or proceedings under this
act it shall not be necessary to file any state
of demand or to comply with the formalities
THE DELAWARE RIVEB. 115
required in penal actions; and in all such
actions both parties may be sworn; . provided
always, nevertheless, that nothing in this act
or the act or acts to which this is a supple-
ment contained shall make it unlawful, by
order of any one or more of the commissioners
of fisheries of the State of New Jersey, to take
fish in the said river Delaware, or any of its
tributaries, at any time, to be used for the pur-
pose of the natural or artificial propagation of
the same.
Supplement.
Approved April 17, 1884.
1. That from and after the passage of this
act no person shall by boat, anchor, dredge or
otherwise, interfere with, break, damage, or
destroy any drift-net or gilling-seine lawfully
used for the purpose of taking shad in the
Delaware bay, within the jurisdiction of this
State, above a direct line from Arnold's Point
to Ship John light, between the fifteenth day of
March and the first day of May in any year,
under a penalty of fifty dollars for eacli and
every offense, with costs of suit, and shall pay
the amount of damage done to each seine or
net, all to be recovered by action of trespass
or debt by the party or parties aggrieved;
provided, that if any such person shall prove
any such interference, breaking, damage or de-
116 THE DELAWARE RIVER.
structlon has been done accidentally, upon
waters or grounds where such person had prior
right of occupancy, then no such penalty shall
be imposed.
An Act for the protection of shad and game
fish in the river Delaware.
Approved April 7, 1890.
(Sections 1, 2 and 3 repealed by supple-
ment to an act entitled "An act for the protec-
tion of certain kinds of birds, game and fish,
to regulate their method of capture, and pro-
vide open and close seasons for such capture
and possession (Revision of 1903)," approved
April fourteenth, one thousand nine hundred
and three, which supplement was approved
March 17, 1904.)
4. (As amended by act approved March 21,
1895.) That it shall be unlawful for any person
or persons to place, build, erect, fasten, or use
any fish-baskets, gill-nets, pound-nets, fyke-
nets, eel-weirs, kiddles, brush or facine-nets,
or any permanently set means for taking fish
in the riVer Delaware above Trenton falls;
nor shall any person at any time afilx 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 above
Trenton falls; nor shall any person or persons
THE DELAWARE RIVEB. 117
erect, build or place or cause to be erected,
built or- placed, any wing-^all, or walls of
stone or of any other substance or material,
in the river Delaware above Trenton falls, for
the purpose of fixing, adjusting, placing or
setting thereto, or adjacent thereto, any of the
above-mentioned illegal devices, contrivances
or appliances for taking fish; any persons vio-
lating the provisions of this law shall be fined
fifty dollars for the ofCense, and be liable to
imprisonment for one month in the county jail,
and any person or persons so offending a second
time shall be fined one hundred dollars and im-
prisoned for three months in the county jail.
5. (Ehcpired by limitation.)
8. (As amended by act approved March 22,
1901.) That 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 the catching of game fish by order of any
member of the State fish commission of any
State having jurisdiction in the Delaware river
for the purpose of stocking other waters;
provided, that nothing in this act shall prevent
the catching of Ackers between the first day
of December and the first day of April in each
year.
9. (As amended, by act approved March 21,
1895.) That any fish commissioner, fish
118 THE DELAWARE RIVEB.
warden, deputy warden, sheriff, deputy sheriff,
constable, policeman or any special officer of
this commonwealth, 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 act, and they are hereby
authorized to arrest forthwith any person
placing, erecting, using or fastening them;
any person 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 and be imprisoned three
months in the county jail.
(Sections 10 and 11 supplied by procedure
act approved March 29, 1897.)
A Supplement to an act entitled ''An act for
the protection of certain kinds of birds,
game and fish, to reguiate their method of
capture, and provide open and close seasons
for such capture and possession (Revision of
1903) i" approved April fourteenth, one thou-
sand nine hundred and thhee.
Approved March 17, 1904.
1. Hereafter it shall be lawful to fish for
shad in the Delaware bay, Delaware river and
their tributaries, with a seine, or drift gill net
THE DELAWABE RIVER. 119
at all times; provided, that the meshes of any
Bald net shall not be smaller than two and
three-quarter inches; and provided further,
that it shall be unlawful to take or to attempt
to take shad, with a net of any character, be-
tween sunset Saturday night and twelve
o'clock midnight Sunday night, in each week,
and- between the fifteenth day of June and the
tenth day of August in each year; any person
or persons violating this provision shall for-
feit and pay a fine of one hundred dollars, to-
gether with costs of suit, for each oftense.
2. Hereafter it shall be lawful to fish for
herring in the Delaware bay, Delaware river
and their tributaries, with a seine, or drift gill
net, at all times, except as herein provided;
provided, that the meshes of any said net shall
not be smaller than two and one-half inches;
and provided, that it shall be unlawful to take
or to attempt to take herring, with a net of
any character, between sunset Saturday night
and twelve o'clock midnight Sunday in each
week, and between the twenty-fifth day of
June and the tenth day of August, in each
year; any person or persons violating the
provisions of this section shall forfeit and pay
a fine of one hundred dollars, together with
costs of suit, for each offense.
3. Hereafter it shall be lawful to fish for
carp in the Delaware bay, Delaware river and
1
120 THE DELAWARE RIVER.
their tributaries, with a seine, stake-net or
cast-net, at all times, except as herein pro-
vided; provided^ that the meshes of any said
net shall not be smaller than two and three-
quarter inches; aud provided^ that it shall be
unlawful to take or to attempt to take carp,
with a net of any character, between sunset
Saturday night and twelve o'clock Sunday
night in each week, and between the tenth day
of May and' the tenth day of August, in each
year; any person or persons violating the pro-
visions of this section shall forfeit and pay
a fine of twenty dollars, together with costs
of suit, for each offense.
4. Hereafter it shall be lawful to fish for
catfish and eels in the Delaware bay, Delaware
river and their tributaries, with nets, the
meshes of which for the catching of catfish
shall not be smaller than two and one-half
inches at all times, except as herein provided;
provided, that it shall be unlawful for any per-
son or persons to take or attempt to take cat-
fish, with a net of any character, between sun-
set Saturday night and twelve o'clock Stmday
night, in each week and during the months of
May, June and July, In each year; any person
or persons violating the provisions of this
section shall forfeit and pay a fine of twenty
dollars, together with costs of suit, for each
offense.
THE DELAWARE RIVER. 121
5. Hereafter it shall be lawful to fish for
rockfish in the Delaware bay, Delaware river
and their tributaries, with stake, seine or gill
net, at all times, except as herein provided;
provided, that the meshes of any said net shall
not be smaller than two and three-quarter
inches; and provided^ that it shall be unlawful
to take or to attempt to take rockfish, with a
net of any character, between sunset Saturday
night and twelve o'clock midnight Sunday
night, in each week, and between the fifteenth
day of June and the fifteenth day of August,
in each year-; and provided further, that no
rockfish less than ten inches in length shall
be taken with a net of any character; any
person or persons violating the provisions of
this section shall forfeit and pay a fine of one
hundred dollars, together with costs of suit,
for each offense.
6. Hereafter It shall be lawful to fish for
suckers in the Delaware river and tributaries
with a stake, gill or cast-net, at all times, ex-
cept as herein provided; provided, that the'
meshes of any said net shall not be smaller
than two and one-half inches; and provided,
that it shall be unlawful to take or to attempt
to take suckers, with a net of any character,
between sunset Saturday night and Sunday
night, twelve o'clock midnight, in each week,
and between the fifteenth day of April and the
122 THE DELAWARE KIVEB.
first day of September, in each year; any per-
son or persons violating the provisions of this
section shall forfeit and pay a fine of twenty
dollars, together with costs of suit, for each
offence. '
7. Hereafter it shall be lawful to put, place
and keep in the Delaware river, Delaware bay
and their tributaries, at all times, except as
herein provided, for the purpose of catching
catfish and eels only, and no other fish, any
eelpot or pots, basket or baskets, of whatever
material the same may be constructed, with-
out any wing^or wings; the entrance to said
pot or pots, basket or baskets, shall not be
more than six inches in diameter, and the out-
side diameter thereof shall not exceed fifteen
inches; said i>ot or pots, basket or baskets,
when so set, shall be placed directly on the bot-
tom of the streams or bodies of water, and
shall not be set or placed nearer than fifty feet
from each other; provided, that it shall be un-
lawful to take or attempt to take catfish in said
pot or pots, basket or baskets, during the
months of May, June and July in each year,
under a penalty of twenty dollars for each
offense.
8. Hereafter it shall be unlawful to sell or
expose for sale any rockfish measuring less
than ten inches in length, under a penalty of
THE DELAWARE RIVER. 123
twenty dollars for each fish so sold or exposed
for sale.
9. All fish, of whatever kind or character,
protected by the laws of this State or herein
protected, if caught in any of the nets, pots or
baskets herein mentioned, shall be returned
to the water, when the nets are taken up, un-
harmed, as far as practicable.
10. Any person or persons violating any of
the provisions of this act for which there is not
a penalty specifically provided herein, shall,
upon conviction, pay the sum of twenty dollars,
together with the costs of suit, for each offense.
11. The provisions of this act shall be en-
forced in accordance with the provisions of an
act entitled "An act to provide a uniform pro-
cedure for the enforcement of all laws relating
to fish, game and birds, and for the recovery
of penalties for violations thereof," approved
March twenty-ninth, one thousand eight hun-
dred and ninety-seven, and the supplements
thereto and acts amendatory thereof.
12. All acts or parts of acts, whether local,
special or general, inconsistent with the provi-
sions of this act, are hereby repealed.
13. This act shall take effect immediately.
124 THE DELAWARE RIVEB.
An Act to regulate fishing for sturgeon in the
Delaware bay, Delaware river, and their
tributaries.
Approved April 13, 1908.
1. Hereafter it shall be unlawful to fish for
sturgeon in the Delaware bay, Delaware river
and their tributaries within the jurisdiction
of this State, with a gill-net or drift-net, the
meshes whereof shall be less than thirteen
inches in length, stretched measure.
2. Hereafter it shall be unlawul to fish for
sturgeon in the Delaware bay, Delaware river
and their tributaries within the jurisdiction
of this State, from sunset on Saturday until
twelve o'clock on Sunday night of each and
every week.
3. If any person or persons, or corporation,
fish for sturgeon in the Delaware bay, Dela-
ware river or their tributaries within the jur-
isdiction of this State, with a gill-net or drift-
net between sunset on Saturday and twelve
o'clock Sund/iy night of each and every week,
or at any time with a net, the mesh whereof
shall be less than thirteen inches in length,
stretched measure, such person or persons, or
corporation, violating these provisions, shall
forfeit and pay a fine of one hundred dollars,
together with costs of suit, for each and every
offense.
THE DELAWARE RIVEB. 125
4. Hereafter it shall be unlawful for any
person or persons, or corporation, to take from
the waters of the Delaware bay, Delaware river
and their tributaries within the jurisdiction
of th'is State, or to kill or have in possession,
or offer for sale, any sturgeon which is less
than five feet in length, under a penalty or
fine of ten dollars and costs for each and every
sturgeon under five feet in length so taken,
had in possession, killed, sold or offered for
sale.
5. The provisions of this act shall be en-
forced in accordance with the provisions of an
act entitled "An act to provide uniform pro-
cedure for the enforcement of all laws relating
to- fish, game and birds, and for the recovery
of penalties for violations thereof," approved
March twenty-ninth, one thousand eight hun-
dred and ninety-seven, and the acts ^supple-
mental thereto and amendatory thereof.
An Act for the protection of shad fishermen in
the Delaware bay, eastward of the ships'
channel.
1. That hereafter it shall be unlawful for any
vessel engaged in dredging oysters to anchor
or leave their buoys on the flats between
Arnold's point buoy and Stony point in the
126 THE DELAWAKE RIVER.
Delaware bay, between sunset and sunrise of
each day previous to the twenty-fifth of May •
in any year.
2. That it shall be unlawful for any person
or persons to throw any dredge or otheV ap-
pliances from the deck of any boat or vessel
into any gill-net; any person or persons vio-
lating this section shall be deemed guilty of a
misdemeanor.
3. That it shall be lawful for any fish
warden, or the sheriff of any county in which
this act is violated, to arrest any person or
persons guilty of violating any of the provi-
sions of this act; and any person or persons
so offending shall, upon conviction before any
justice of the peace, be punished by a fine ^f
not less than fifty dollars and not more than
two hundred dollars, and imprisonment in the
county jail for a term not to exceed six months.
An Act regulating the taking of suckers, cat-
fish, carp and eels in the waters of the Dela-
ware river above Trenton Falls, by the use
of fish-baskets.
Approved April 10, 1908.
1. It shall be lawful to catch suckers, catfish,
carp and eels in the waters of the Delaware
river above Trenton falls through or by or
THE DELAWARE RIVER. 127
with fhe use of what is commonly known as a
fish-basket, with wing-walls; provided^ the
bottom of such fish-basket shall be made of
wooden slats, set not less than three-eighths
of an inch apart, when wet, and having the
edges of each slat well rounded. These slats
shall be so arranged so to make possible
the removal, or practical removal, of at least
three-fourths of the bottom of any basket that
could be used' for fishing, at that time; and
the same shall be actually removed from said
basket, or so adjusted as to make the catching
of a fish by said basket an impossibility, during
that part of each day beginning at one hour
after sunrise and continuing to one hour before
sunset, unless said fish-basket be under the
immediate care and supervision of an operator
who shall be responsible for each and every
game fish taken through the use of said basket
and retained, or permitted by him to have been
so taken and retained. Each and every game
fish that may come inta any basket thus
operated, shall be immediately released un-
harmed, in the waters below said basket.
2. Before any person shall be legally entitled
to operate a fish-basket, under the provisions
of this act, he shall be required to secure a
license authorizing such action. Said license
shall be issued by the clerk of the county in
which said person proposes to operate, and
128 THE DELAWARE RIVER.
shall cost the sum of one dollar, twenty-five
cents of which shall belong to the county clerk,
for services rendered, and the remaining
seventy-five cents shall belong to and be for-
warded to the board of fish and game commis-
sioners, at Trenton, on or before the first day
of next month, following the date of such
license, together with a copy of each license
issued.
3. Each fish-basket operated under the pro-
visions of this act shall bear the number of
the certificate issued to the owner thereof,
the same to be in black or white figures, of
not less than twelve inches in length, painted
or fastened upon each side of said basket, in
a conspicuous place.
4. Said basket may be operated, at any time,
from the fifteenth day of August to the first
day of December next following, by any per-
son or persons under the direction of the owner
thereof, who shall, for the purposes of this
act, be in all instances the person named in
said license; and such owner shall be respon-
sible for any violation of any fish law of this
State, through or by the use of such basket;
and shall be required, on or before the first
day of December, next following the date of
such license issued to him, to make an affidavit
in writing, and forward the same to the board
of fish and game commissioners, at Trenton,
THE DELAWABE RIVEB. 129
clearly setting forth the fact that he has not,
since the date of the license to him, either
taken himself or permitted another to take
and retain a game fish of any kind, through,
or by or with the use of said basket. Ftor re-
fusing to make this affidavit, upon demand
made in writing by any officer of the board of
fish and game commissioners, or for violating
any specific provision of this act, such person
shall be liable to a penalty of twenty dollars;
provided, that any owner of a fish-basket, who
may know of a violation of any fish law of this
State by another person through the use of
his fish-basket, shall be exonerated of all per-
sonal liability for such offense, if he, within
one week of the commission of such violation,
notify the board of fish and game commission-
ers of such fact, and testify against the of-
fender in case such person is prosecuted by
said board of fish and game commissioners.
5. The operator of any fish-basket, who may
elect to fish his basket during any time begin-
ning at one hour after sunrise and ending one
hour before sunset, who shall leave the same
unattended for a period of one hour, while it
is set for fishing during such daytime, shall
be liable to a penalty of ten dollars.
6. All penalties collected for violation of
any provisions of this act shall belong to the
board of fish and game commissioners, and
130 THE DELAWARE BIVEB.
shall be forwarded by the court receiving the
same to the ' state treasurer, to be held by
him as a fund separate and apart, for the use
of said board of fish and game commissioners,
and to be drawn out upon the order of the
board of fish and game commissioners, in the
way and manner provided by law.
7. Each and every magistrate and justice of
the peace in this State shall have the right
of summary conviction in all matters pertain-
ing to the violation of any provision of this
act, and shall have the right and power under
the forms of existing law, to cause the arrest
of any person or persons charged with such
violation within a period of one year from the
date of the commission of the offense; to hear
the evidence, and to acquit or convict, as the
case may be. In all cases of conviction, the
defendant or defendants, shall each be sen-
tenced to pay the penalty imposed by the sec-
tion violated, together with the costs of prose-
cution; and in default of the payment thereof,
shall be committed to the common jail of the
county for a period of one day for each dollar
of penalty imposed.
8. Any person who shall violate any of the
provisions of this act shall be liable to the
penalties therein stated and set forth, to be
sued for and recovered in the same manner
and by the person or persons authorized to sue
THE DELAWARE RIVER. 131
for and recover penalties under the provisions
of an act entitled "An act to provide a uni-
form procedure for the enforcement of all laws
relating to fish, game and birds, and for the
recovery of penalties for violations thereof,"
approved March twenty-ninth, one thousand
eight hundred and ninety-seven, and the acts
supplementary thereto and amendatory thereof.
An Act providing uniform laws to regulate the
catching and taking of fish in the Delaware
river and bay between tlie State of Delaware
and the State of New Jersey.
(This act has not as yet been concurred in by
the State of Delaware.)
Approved May 7, 1907.
Whereas, By virtue of article four of the com-
pact or agreement entitled "A compact be-
tween the State of New Jersey and the State
of Delaware, relating to the boundary con-
troversy between said States," which was
ratified and confirmed by an act of' the Leg-
islature of the State of New Jersey, approved
March twenty-first, one thousand nine hun-
dred and five, and by an act of the General
Assembly of the State of Delaware, approved
March twentieth, one thousand nine hun-
132 THE DELAWABE RIVEB.
dred and five, the State of New Jersey, by
an act of the Legislature thereof, approved
May eleventh, one thousand nine hundred
and fire, appointed William J. Bradley,
James Strimple and John Boyd Avis com-
missioners on the part of the State of New
Jersey to confer with like commissioners ap-
pointed, or to be appointed, by the General
Assembly of the State of Delaware, to do and
perform all the duties, acts, matters and
things required and stipulated in the said
compact or agreement; and
Whebeas, By a similar act of the General As-
sembly of the State of Delaware, approved
March twenty-third, one thousand nine hun-
dred and five, Alexander B. Cooper, William
S. Hilles and Walter H. Hayes were ap-
pointed like commissioners on the part of
the State of Delaware, to confer with the
said commissioners on the part of the State
of New Jersey, and to do and perform the
duties aforesaid; and
Whereas, Each of the said commissions have
been duly organized as provided and re-
quired by law; and
Whebeas, The said commissioners of the said
respective States, in jpint meeting, held for
that purpose, have agreed upon uniform laws
to regulate the catching and taking of fish
in the Delaware river and bay between the
THE DELAWARE RIVER. 133
said states, and have also ascertained the
dividing line between the said Delaware
river and Delaware bay, and have, upon each
of the shores of the said two States, where
said dividing line extended intersects the
same, provided for the erection of a suitable
monument to mark said dividing line, in
pursuance of the duties imposed upon them
by law; therefore.
Be it enacted hy the Senate and General As-
sembly of the State of New Jersey:
1. The provisions of this act shall affect and
apply only to the catching and taking of fish in
the waters of the Delaware river and bay lying
between the States of Delaware and New Jer-
sey.
2. The inhabitants of the States of Delaware
and New Jersey shall have and enjoy a common
right of fishery throughout, in and over the
waters of said river, between low-water marks
on each side of said river between said States,
except so far as either State may have hereto-
fore granted valid and subsisting private
rights of fishery.
3. Nothing herein contained shall affect the
territorial limits, rights or jurisdiction of
either of said States of, in or over the Dela-
ware river, or the ownership of the subaqueous
soil thereof, except as is expressly set forth
in said compact between the said States; nor
134 THE DELAWARE RIVER.
shall anything herein contained affect in any
way the planting, catching or taking of oysters,
clams or other shell-fish, or interfere with the
oyster industry as now or hereafter carried on
under the laws of either of said States.
4. Hereafter it shall be lawful for any per-
son to catch and take from the waters afore-
said fish of any character (except shell-fish)
with any net, hook and line, or other appli-
ances; provided, the meshes of any net shall
not be less than two and one-half inches long,
stretched measure, and except as hereinafter
provided; provided further, that nothing in
this section shall apply to nets used for catch-
ing eels.
5. Hereafter it shall be unlawful for any
person to catch and take, or to attempt to
catch and take, shad from the waters aforesaid
with a seine or net of any character the meshes
of which shall be less than five and one-quarter
inches, stretched measure. It shall also be un-
lawful for any person to catch and take, or to
attempt to catch and take, any shad from the
said waters, in any manner whatsoever, be-
tween the hours of twelve o'clock noon of
every Saturday and twelve o'clock midnight of
the Sunday next ensuing, and also between
the fifth day of June in each and every year
and the first day of March thence next ensu-
ing. It shall also be unlawful for any person
THE DELAWARE RIVER. 135
at any time to set, place or use a net of any
kind, except a drifting net, for the purpose of
catching and taking shad within one-half
mile of the mouth of any river, creek or stream
emptying into the said waters.
6. Hereafter it shall be unlawful for any per-
son to catch and take, or to attempt to catch
and take, carp from the waters aforesaid with
a seine or net of any character the meshes of
which shall be less than two and one-half
inches, stretched measure. It shall also be un-
lawful for any person to catch and take, or to
attempt to catch and take, from the said waters
any carp in any manner whatsoever, between
the hours of twelve o'clock noon of every Sat-
urday and twelve o'clock midnight of the Sun-
day next ensuing. It shall also be unlawful
for any person to catch and take, or to attempt
to catch and take, from the waters aforesaid,
any carp weighing less than one pound; and
should any such fish be caught it shall be imme-
diately returned to the waters, uninjured. It
shall also be unlawful for any person to catch
and take, or to attempt to catch and take, any
carp, in any manner whatever, between the
first day of May and the tenth day of August
of each and every year.
7. Hereafter it shall be unlawful for any per-
son to catch and take, or to attempt to catch
and take, rockfish from the waters aforesaid
136 THE DELAWARE BIVEB.
with a seine or net of any kind, the meshes
of which shall be less than two and one-
half inches, stretched measure. It shall also be
unlawful for any person to catch and take, or
to attempt to catch and take, any rockflsh in
any manner whatsoever between the hours of
twelve o'clock noon of every Saturday and
twelve o'clock midnight of the Sunday next
ensuing. It shall also be unlawful for any
person to catch and take, or to attempt to
catch and take, from the waters aforesaid, in
any manner whatever, any rockflsh weighing
more than twenty pounds or measuring less
than ten inches in length; and should any
such fish, weighing over twenty pounds, or
measuring less than ten inches in length, bet
caught, it shall be immediately returned to the
waters, uninjured.
8. Hereafter it shall be unlawful for any per-
son to catch and take, or to attempt to catch
and take, from the waters aforesaid, any stur-
geon or mamoose witfi a net of any char-
acter, the meshes of which shall be less than
thirteen inches, stretched measure. It shall
also be unlawful for any person to catch and
take, or to attempt to catch or take, any stur-
geon or mamoose under six feet in length,
and if any such sturgeon or mamoose under
six feet in length should be caught, it shall
be immediately returned to the waters, unin-
THE DELAWARE BTVEB. 137
jured. It shall also be unlawful for any per-
son to catch and take, or attempt to catch and
take, sturgeon or mamoose from the waters
aforesaid, in any manner whatever, between
the hours of twelve o'clock noon of every Sat-
urday and' twelve o'clock midnight of the Sun-
day next ensuing, and also between the first
day of July in each and every year and the
first day of March, thence next ensuing.
9. Hereafter it shall be unlawful for any
person to catch and take, or to attempt to
catch and take, from the waters aforesaid,
any trout or weakfish with a net of any char-
acter, the meshes of which shall be less than
two and one-half inches, stretched measure.
It shall also be unlawful for any person to
catch and. take, or to attempt to catch and
take, any trout or weakfish from the waters
aforesaid, with a net of any character, between
the hours of twelve o'clock noon of every Sat-
urday and twelve o'clock midnight of the Sun-
day next ensuing.
10. Hereafter it shall be unlawful for any
person to catch and take, or to attempt to
catch and take, fish of any kind with a net of
any character which is anchored, staked or
fastened down in any way across the «aid
waters or any part thereof, or at right angles
with the shore line thereof, or across the
138 THE DELAWARE RIVER.
mouth of any river, creek or stream emptying
Into the waters aforesaid.
11. Hereafter it shall be unlawful for any
persons by boat, anchor, dredge, or otherwise,
in the waters aforesaid, to willfully and with-
out reasonable cause, interfere with, break,
damage or destroy any drift net or gill seine
being unlawfully used for the taking of any
fish as herein provided.
12. Hereafter it shall be unlawful for any
person willfully to put or place in the waters
aforesaid any explosive substance whatever,
or any drug or poisoned bait for the purpose
of catching and taking, killing or injuring the
fish, or to allow any dye stuff, coal or gas tar,
coal oil, sawdust, tan bark, coculus inducus
(otherwise known as fish-berries), lime, refuse
from gas-houses, oil tanks or vessels, or any
other deleterious, destructive or poisonous
substance to be turned into or allowed to run
into any of the waters aforesaid, in quantities
sufficient to destroy or impair fish life or dis-
turb the habits of fish inhabiting the same.
Any person violating any of the provisions of
this section shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall
forfeit and pay a fine of not more than five
thousand dollars, or shall be imprisoned not
more than one year, or both, in the discretion
of. the court.
THE DELAWARE BIVEB. 139
13. Hereafter it shall be unlawful for any
person to catch and take, or to attempt to
catch and take, fish of any kind or description
from the waters aforesaid by a net of any
character on the Sabbath day, commonly
called Sunday.
14. Hereafter it shall be unlawful for any
person to catch and take, or to attempt to
catch and take, fish of any kind from the
waters aforesaid with a set line, or to have,
use, erect or maintain in the waters afore-
said, for the purpose of catching and taking
fish of any kind (except catfish, eels and
Suckers), any fish-basket, eel-weir, fyke-net,
pound-net, shore-net, dip-net, cast-net, wing-
wall, wingdams, or any other device, except-
ing ip the manner and with the means Jn this
act provided; provided^ that nothing con-
tained in this section shall prevent the catch-
ing and taking of carp with shore-nets, dip-
nets or cast-nets.
15. Hereafter it shall be unlawful for any
person to sell, expose for sale or have in pos-
session, any fish caught and taken in viola-
tion of the provisions of this act.'
16. Any person or persons violating any of
the provisions of this act in all cases where
no other specific penalty is herein provided,
shall forfeit and pay a fine of not less than
twenty dollars nor more than two hundred
140 THE DELAWARE RIVER.
dollars ?.nd costs of prosecution, and in de-
fault of payment thereof shall be committed
to the county jail or work-house for a period
of not less than ten days, nor more than ninety
days, or until such fine and costs are paid.
17. Any and every boat, vessel, net, trap,
pot, pound, set line, fyke, weir or other prop-
erty used by any person for the unlawful
taking of, or attempting to take, any fish in
the waters aforesaid, in violation of the pro-
visions of this act, shall be forfeited to the
State of New Jersey, together with the tackle,
apparel and furniture of said boat or vessel
and all other apparatus and implements so
unlawfully used; and the same shall be seized
and detained by the sheriff, ofllcer, any con-
stable • or any fish and game warden of the
State, or authorized deputy or deputies, until
sold or discharged, as hereinafter provided.
Upon the conviction of any such person as
aforesaid, the court shall, in addition to the
sentence pronounced against such person,
enter an order and judgment of forfeiture
against said property so unlawfully used and
shall order the sheriff of the county, or any
fish and game warden of the State, to at once
seize the same wheresoever it may be found,
who shall thereupon advertise and sell the
same at public auction, for cash, to the highest
and best bidder for the same, after giving at
THE DELAWABE RIVER. 141
least ten days* notice by advertisements, posted
In at least ten public places of the county, of
the time and place of said sale; the proceeds of
said sale, after deducting all costs, charges and
expenses, shall be paid by the said sheriff or
fish and game warden to the board of fish and
game commissioners for the use of said com-
mission according to law. In the event that
the said person, so charged as aforesaid, shall
be acquitted, the said property shall be forth-
with returned to the person in whose custody
it was at the time it was so seized and taken
as aforesaid.
18. Any justice of the peace, or other oflftcer
legally qualified by law, shall, upon affidavit
made that any person, boat, vessel or other
appliance or apparatus hereinbefore enumer-
ated, is, are or have been violating, or used in
violation of this act, issue his warrant to the
sherift or any constable of the county or any
fish and game warden of the State, authorized
to make such arrest, commanding him to
arrest such person and to seize and detain
such property for hearing, trial or other pro-
ceeding under this act. The said sheriff, con-
stable, officer or fish and game warden, may,
if necessary, summon to his aid the posse
comitatus, and may require the assistande
and use of any other boat, vessel or other
means, by paying, or tendering, just compen-
142 THE DELAWARE RIVER.
sation. It shall not be necessary that the
affidavit shall state the name of the boat or
vessel, or describe with particularity the prop-
erty to be seized.
19. It shall be unlawful for any person to
catch and take, or to attempt to catch and
take, from the said Delaware river or Dela-
ware bay, with purse or shirred nets operated
by or from steam or other vessels, fish of any
kind whatsoever; provided, however, that this
section shall not apply to the catching and
taking of menhaden, sharks, porpoises and her-
ring-hogs, by the crews of the vessels licensed
as provided for in this section. It shall be the
duty of the fish and game commission of
the State, upon the payment to it annually
of the sum of one hundred dollars ($100) for
each and every vessel or boat, to issue a
license to such vessel or boat to catch and
take menhaden, sharks, porpoises and herring-
hogs in the waters of the Delaware bay as
far north as a straight line drawn from the
center of the mouth of Mahon's river to the
nearest point opposite on the New Jersey
shore, from the first day of June until the
thirty-first day of August, inclusive, of each
year, and at no other time or times. The said
money so received for said license shall be
paid over to the fish and game commission
THE DELAWARE RIVER. 143
of the State for the use of said commission
as provided by law.
20. It shall be unlawful for any person to
have in his possession or to bring into this
State any fish generally known as edible or
food fish that has been caught and taken from
the waters of the Delaware bay or river within
the bounds aforesaid, for the purpose of ex-
tracting oil therefrom or of converting saiti
fish into fertilizer; and it shall also be unlaw-
ful for any person to extract oil, or to convert,
or in any manner assist in extracting oil from
or in converting such fish into fertilizer.
21. Any fish commissioner, fish and game
warden, sheriff, constable, or any officer may,
upon view, arrest any person violating any of
the provisions of this act without warrant or
writ issued for such purpose.
22. Each of the said States of Delaware and
New Jersey shall also have concurrent juris-
diction over all offenses and violations of this
act committed or attempted to be committed
by any person who is not an inhabitant of
either of said States.
23. The governor of the State of Delaware
shall, when and as requested by the governor
of the State of New Jersey, issue a commis-
sion or commissions to such person or persons
as may be named to him by the governor of
the State of New Jersey, which shall author-
144 THE DELAWARE BIVEB.
ize the person or persons to whom the same
are directed to arrest the inhabitants of either
the State of Delaware or the State of New
Jersey for any violation of this act; provided,
however J that if the person so arrested shall
be an inhabitant of the State of Delaware,
such person shall be forthwith taken to the
State of Delaware for trial and punishment.
The governor of the State of Delaware at any
time shall, when and as requested by the gov-
ernor of this State, revoke the said commis-
sions, or any of them. The compensation of
the person or persons to whom such commis-
sion or commissions may be directed shall be
paid wholly by the State of New Jersey.
The governor of the State of New Jersey
shall, when and as requested by the governor
of the Stat6 of Delaware, issue a commission
or commissions to such person or persons as
may be named to him by the governor of the
State of Delaware, which shall authorize the
person or persons to whom the same are di-
rected to arrest the inhabitants of either the
State of Delaware or the State of New Jersey,
for any violation of this act; provided, how-
evert that if the person so arrested shall be an
inhabitant of the State of New Jersey, such
person shall be forthwith taken to the State of
New Jersey for trial and punishment. The
governor of this State may, at any time, and
THE DELAWARE BIVEB. 145
shall, when and as requested by the governor
of the State of Delaware, revoke the said com-
missions, or any of them. The compensation
of the person or persons to whom such com-
mission or commissions may be directed shall
be paid wholly by the State of Delaware.
Nothing contained in this section shall be
so construed as to prevent the arrest of any
inhabitant of the State of New Jersey by any
other officer or person having authority under
the laws of the said State of New Jersey to
make arrests for the violation of the provi-
sions of this act.
24. The provisions of this act where the
offense is designated as a misdemeanor shall
be enforced in accordance with the provisions
of the statutes of the State relating to misde-
meanors and in all other cases shall be en-
forced in accordance with the provisions of an
act entitled "An act to provide a uniform pro-
cedure for the enforcement of all laws relat-
ing to fish, game and birds, and for the re-
covery of penalties for violations thereof," ap-
proved March twenty-ninth, one thousand
eight hundred and ninety-seven, and the sup-
plements thereto and acts amendatory thereof.
25. This act shall take effect immediately,
but shall not become operative until the legis-
lature of the State of Delaware shall have
passed, and the governor of that State shall
146 THE DELAWARE RIVER.
have approved of a similar law, agreed upon
by the commission, as recited in the preamble
of this act. The provisions of this act con-
tained regulating the size of the meshes of
fishing nets shall not become operative until
October first, one thousand nine hundred and
eight.
26. All laws, or parts of laws, inconsistent
with the provisions of this act, be and the
same are hereby repealed.
APPENDIX.
An Act to amend an act entitled ''An act to
amend an act entitled 'An act concerning
trespassing on private lands/ " approved April
eighteenth, one thousand nine hundred and
three, known as chapter one hundred and
seventy-six, page three hundred and forty-
nine, pamphlet laws of one thousand nine
hundred and three.
Approyed April 13, 1908.
1. It shall be unlawful for any person or
persons to trespass upon the occupied lands
of any other person or persons within this
State for the purpose of hunting with gun, or
fishing, killing or catching any of the game
or fish enumerated in the statutes without the
consent of the owner or person or persons in
possession of such lands being first had and
obtained; and every person violating this act
shall be deemed guilty of a misdemeanor, and
shall, upon conviction, be punished by a fine
not exceeding ten dollars, or by imprisonment
in the county jail for a term not exceeding
ten days, or both; such fine and imprisonment
at the discretion of the court before which said
conviction is had.
148 APPENDIX.
An Act tb prevent willful trespasses upon
lands.
Approved February 17, 1857.
That if any person or persons shall unlaw-
fully enter upon any lands not his own, after
having been forbidden to do so by the owner
or legal possessor of such lands, he shall for-
feit and pay for each offense to the owner of
said lands, or his or her tenant in possession,
the sum of three dollars, to be sued for and
recovered, with costs, in an action of debt, be-
fore any justice of the peace in this State.
An Act to prevent trespassing with guns.
Approved Miarch 14, 1895.
1. That any person trespassing on any lands,
carrying a gun, after public notice on the part
of the owner, occupant, lessee or licensee
thereof forbidding such trespassing, such
notice being posted conspicuously adjacent to
the highway binding on said lands or adjacent
to any usual entrance way to said lands, shall
be deemed guilty of trespass at the suit of
such owner, occupant, lessee or licensee, and
in an action of trespass or tort (which action
shall be conducted in all respects as actions
APPENDIX. 149
of trespass or tort are usually conducted)
the damages awarded for any such trespass
shall not be less than ten dollars.
2. That any person trespassing on any lands,
carrying a gun, after being forbidden so to
trespass by the owner, occupant, lessee or
licensee thereof, shall be deemed guilty of tres-
pass, at the suit of such owner, occupant,
'lessee or licensee, and in an action of trespass
or tort (which action shall be conducted in
all respects as actions of trespass or tort are
usually conducted) the damages awarded for
any such trespass shall not be less than ten
dollars.
3. That any person or persons found tres-
passing, as provided in the first and second
sections of this act, shall be deemed and ad-
Judged to be disorderly, and, in addition to the
remedies therein provided for, it shall be law-
ful for the owner or owners of the said lands, or
the occupant or occupants, lessee or lessees or
licensees thereof, or any constable or consta-
bles, to apprehend, without warrant or pro-
cess, any such disorderly person or persons,
and to take him or them before any justice of
the neace of the county where apprehended;
and it shall be the duty of the said justice, in
a summary manner, to hear and determine the
guilt or innocence of such, person or persons,
and, upon conviction, to impose upon the of-
150 APPENDIX.
fender or offenders, and each of them so con-
victed, a fine of five dollars, besides the cost
of prosecution; and if any person or persons
so convicted shall fail to pay such fine and
costs, the said justice shall commit such of-
fender or offenders to the common jail of the
county for a period of not less than five nor
more than ten days.
4. That any person or persons who shall
willfully or maliciously remove, deface or
alter any notice posted as contemplated in the
first section of this act with the intent to de-
stroy such notice, shall be deemed guilty of a
misdemeanor, and, on conviction thereof, shall
be punished by a fine not exceeding twenty
dollars, or imprisonment in the county jail
not exceeding thirty days, or both.
An Act to prevent the burning of woods,
marshes and meadows.
Passed November 24, 1794.
Supplement approved March 24, 1875.
That if any person or persons shall burn or
smoke out, or attempt to burn or smoke out,
any squirrel or squirrels, or any animal or
species of game whatsoever, in any woods, or
forests, marshes or meadows, or other lands in
this State, belonging to any other person or cor-
APPENDIX. 151
poration, or if fire originates from any such
burning or smoking as aforesaid, by any per-
son whatsoever, by means of which any other
person or corporation shall be damnified in
his or her houses, buildings, fences, woods or
other property whatsoever, whether the same
be inclosed or not, such person or persons so
offending in any of the premises aforesaid
shall be deemed to be guilty of a misdemeanor,
and, on conviction thereof, shall be punished
by fine not exceeding one hundred dollars, or
imprisonment at hard labor not exceeding
twelve months, or both, at the discretion of the
court having jurisdiction thereof (one-half of
said fine to be paid to the person or persons
entering the complaint), and also shall yield
and pay double damage to the party injured
thereby, to be recovered by action on the
case, with costs of suit, in any court having
cognizance thereof.
An Act to provide for the destruction of foxes
and the payment of premiums therefor.
Approved April 3, 1902.
1. For the benefit of agriculture and the
protection of game within this State, there
are hereby established the following provis-
ions for the destruction of foxes and the pay-
152 APPENDIX.
ment of premiums therefor by the respective
counties in which the same are slain.
2. It shall be the duty of any person, having
killed any fox within this State, who is de-
sirous of availing himself of the premiums
therein provided, to produce such slain ani-
mal before any justice of the peace of said
county in which the same was killed, and make
affidavit of the time and place of killing the
same; provided, that the pelt, if entire from
the tip of the nose of any such animal, may
be produced in lieu of such animal, when so
preferred; and upon the production of any
such animal, or pelt, it shall be the duty of
said officer, in the presence of said person
killing such animal, and one qualified voter of
said county, to cut off the ears of such animal,
and, in the presence of said persons, burn the
same.
3. (As amended June 22, 1906.) Upon the
destruction of said ears, said officer shall give
to the person producing such animal or pelt,
a certificate of compliance with the provis-
ions of this act, directed to the board of chosen
freeholders of the county in which such ani-
mal was slain, which certificate shall contain
the following facts: The kind of animal and
when, where and by whom killed, and the date,
by whom and in the presence of what quali-
fied voter the ears of such animal were de-
APPENDIX. 153
stroyed; and the residences of the person
killing said animal and of said voter, and,
upon production and surrender of such certi-
cate, the said board shall pay out of the county
funds to the person killing said animal the
sum of three dollars; and it shall be the
further duty of said officer taking the afladavit
provided for in the second section of this act
to file the same forthwith, or cause the same
to be filed in the office of the county collector
of the county; and upon filing the same the
said officer shall receive from the funds of the
county the sum of fifty cents in full for all his
services under this act; provided, however^
that this act shall not apply to any county of
this State where the board of chosen free-
holders of said county, by a two-thirds vote
of all its members, shall pass a resolution that
this act is not for the best interest of the
people of the county they represent.
4. If any person shall willfully and fraudu-
lenty collect any premium or premiums pro-
vided in this act, or shall aid, abet or assist
in any official capacity, or otherwise in the
same, he, she or they shall be guilty of a mis-
demeanor, and upon conviction thereof, shall
be sentenced to pay a fine not exceeding five
hundred dollars and undergo an imprisonment
in the county jail of the proper county not
154 APPENDIX.
exceeding one year, or both, or either, at the
discretion of the court.
5. All acts or parts of acts inconsistent with
the provisions of this act be and the same are
hereby repealed, and this act shall take effect
immediately.
ENFORCEMENT OF FISH AND
GAME LAWS-
Commissionftrs, Wardens, Etc.
An Act to amend an act entitled "A further
supplement to an act entitled 'An act for the
appointment of commissioners for the bet-
ter protection of the fishing interests of the
State of New Jersey/ ** approved March 17,
1870, which supplement was approved May
15, 1894.
Approved March 22, 1895.
That the act to which this is an amendment
be amended so as to read as follows:
1. That the present commissioners of fish-
eries of this State and their successors shall
hereafter be known and designated as "The
Board of Fish and Game Commissioners,"
and that after the expiration of the terms of
the respective members of the present board,
said board shall be appointed by the governor
of this State, with the advice and consent of
the senate, and shall be constituted of four
competent persons, who shall hold office for
five years, and until their successors are duly
appointed and qualified; vacancies occurring
by death, resignation or otherwise shall be
156 ENFORCEMENT OF FISH AND GAME LAWS.
filled in the same manner and for the unex-
pired term of the commissioner whose office
shall become vacant; provided^ that no ap-
pointment shall be made by reason of whicti
more than two of the said commissioners shall
be of the same political party.
2. Thai the duties of the said board shall be
the protection and propagation of fish, birds
and game animals and the enforcement of the
law relating thereto, and for the propagation
and distribution of food fish, and to keep up
the supply thereof in the various waters of the
State; said board shall have the conduct and
control of such hatching stations as are now
owned arid operated by the State, and such as
may hereafter be established, and shall have
power to investigate any and all complaints
made to the said board, and shall at all times
have the right and power to inspect any dam,
weir, fish-basket, net or other illegal apparatus
for taking fish, and forthwith to remove the
same, and shall have power, on view or in-
formation, to enforce the laws for the protec-
tion and propagation of fish, birds and game
animals within this State, by arrest and prose-
cution of the offender or offenders, without
warrant or complaint, and shall make a full
report to the legislature annually, at the
meeting thereof for the year ending on the
thirtieth day of November preceding, of all
ENFORCEMENT OF FISH AND GAME LAWS. 157
their official operations, with such suggestions
and recommendations as they shall deem use-
ful.
3. That the said hoard of fish and game
commissioners shall appoint twenty-five com-
petent men, who -shall he known as fish and
game wardens whose powers and duties are
hereinafter defined, and who shall hold office
for one year, or during the pleasure of the said
hoard, and who shall be subject to summary
removal by the board without notice; the said
board shall from time to time designate one of
said wardens as the fish and game protector,
who shall hold such office during the pleasure
of the said board, and who shall, under the
supervision of this board, have the direction,
supervision and control of the other fish and
game wardens; the fish and game protector
shall give bond to the said board, with sure-
ties, in the penal sum of one thousand dollars,
and each of said wardens shall give to said
board a bond, with sureties, in the penal sum
of five hundred dollars, conditioned for the
faithful discharge of his duties, such bond to
be approved by the commissioners, and upon
default an action thereon shall be brought in
the name of the State; the compensation of
the fish and game protector shall be one hun-
dred dollars per month, payable monthly, and
he shall be allowed for the expenses in the
158 ENFORCEMENT OF FISH AND GAME LAWS.
performance of his duties the sum of three
hundred dollars per annum; the compensation
of the said wardens shall be at the rate of
fifty dollars per month each, payable monthly,
and an allowance to each for expenses not ex-
ceeding two hundred dollars per annum; the
payment of traveling and incidental expenses
of said fish and game wardens shall be made
upon the statement of said fish and game pro-
tector, duly sworn to by him, that the charges
for which payment is asked have been incurred
in the discharge of official duties, and that the
bill is true and coj:rect; such bill so certified
to by the said fish and game protector shall
be approved of by the said board before pay-
ment.
4. That the fish and game wardens shall en-
force all the laws of the State for the protec-
tion of fish, birds and game animals, and shall
have full power to execute all processes issued
for the violation of such laws and to serve
subpoenas issued for the examination, investi-
gation or trial of all offenses against said
laws; each fish and game warden shall keep
a daily record of his oflficial acts and shall at
the close of each month make a summary of
such record with such statements in detail as
shall be necessary for the information of the
said board, and report the same to the said
board; the fish and game protector shall re-
ENFOBCEMENT OF FISII AND GAME LAWS. 159
port to the said board any negligence or dere-
liction of duty or incompetency on the part
of any of the said wardens, with the facts re-
lating thereto, and he shall report monthly to
said board the operation of his department
during the preceding month, and make such
further report as may be required by the said
board; it shall be the duty of every fish and
game warden to seize, remove and forthwith
destroy any net, pound or other device for
taking fish found in or upon any of the waters
of this State, or upon the shores or islands of
such waters where fishing with nets is pro-
hibited or illegal, and all such nets, pounds
or other devices are declared to be a public
nuisance, and may be abated and summarily
destroyed by any fish or game warden, and
no action for damages shall lie or be main-
tained against any fish and game warden for
such seizure or destruction.
5. That the said board of fish and game com-
missioners and the fish and game wardens and
the fish and game protector may in the dis-
charge of their duties, call in the aid of any
constable, sheriff or other peace officer of this
State when deemed necessary; and any such
officer neglecting or refusing to aid when thus
required shall forfeit twenty-five dollars, to be
recovered by action of debt; they shall also
have the power of summary arrest in cases of
160 ENFORCEMENT OF FISH AND GAME LAWS.
flagrant violation of the flshing or the game
laws of this State.
6. That all acts or parts of acts inconsistent
herewith and in conflict with this act be and
the same are hereby repealed.
A Further Supplement to an act entitled "An
act for the appointment of commissioners
for the better protection of the fishing inter-
ests of the State of New Jersey," approved
March 17, 1870.
Approved September 25, 1907.
1. The board of fish and game commission-
ers shall be appointed by the governor, with
the advice and consent of the senate, and
shall be composed of four competent persons,
one of whom shall be appointed for one year,
one for two years, one for three years and
one for four years, and shall serve until their
successors shall have been duly appointed and
qualified, and the governor shall annually
thereafter appoint one person to fill the
vacancy in the said board, who shall hold office
for four years, and until his successor shall
have been appointed and qualified. Vacancies
occurring by death, resignation or otherwise
shall be filled in the same manner, and for
the unexpired term of the commissioner whose
ENFORCEMENT OF PISH AND GAME LAWS. 161
office shall become vacant. No commissioner
shall hold more than one office in the said
board at one and the same time.
2. The office and terms of office of the com-
missioners heretofore appointed and now in
office under the act to which this act is a
further supplement, and of the acts amenda-
tory thereof and supplementary thereto, are
hereby terminated and made void, and shall
cease at the expiration of sixty days after
this act shall take effect.
An Act to provide for the appointment of
deputy fish and game wardens.
Approved March 30, 1896.
1. The board of fish and game commission-
ers is hereby authorized to appoint such
deputy fish and game wardens as such board
may deem necessary for the better enforcement
of the laws regulating the taking of fish, game
and birds.
2. Such deputy fish and game wardens shall
have all the powers and authority cbnferred
by the laws of this State on fish and game
wardens of the State, aiid shall be entitled to
all the fees and emoluments of such office of
fish and game wardens, and shall be subject
to the regulations provided by law for such
6
162 ENFORCEMENT OF FISH AND GAME LAWS.
fish and game wardens; provided^ however,
that such deputy fish and gam« wardens shall
receive no salary or other compensation from
the State.
A Further Supplement to an act entitled "An
act for the appointment of commissioners
for the better protection of the fishing Inter-
ests of the State of New Jersey/' approved
March 17, 1870.
Approved May 4, 1897.
1. The board of fish and game commissioners
of this State is hereby authorized and re-
quired, at its first meeting after the passage
of this act, to fix the annual allowance for ex-
penses of the fish and game protector and the
fish and game wardens, and may at any meet-
ing thereafter, for good cause appearing to
them, alter such allowance; provided, how-
ever, that such allowance for expenses shall
not in any year exceed the total amount appro-
priated by the legislature for that purpose.
2. All moneys appropriated for the compen-
sation of the fish and game protector, the fish
and game wardens and the general and inci-
dental expenses of the. board of fish and game
commissioners shall be paid by the treasurer
of this State, on the warrant of the comp-
troller, to the treasurer of such board of such
ENFORCEMENT OF FISH AND GAME LAWS. 163
fish and game commissioners, in equal monthly
installments on the first day of each month.
3. All acts or parts of acts inconsistent with
the provisions of this act shall be and the
same are hereby repealed.
An Act to authorize the formation of associa-
tions and societies for the more efficient
protection of game and game fish.
Approved March 13, 1870.
1. That it shall be lawful for ten or more in-
habitants of this State, above the age of
twenty-one years, to form an association and
society for the better protection of game and
game fish, and for that purpose they shall
make and sign articles of .association, which
shall set forth the names of the persons form-
ing said association and society with their
places of residence, the names of not less than
five and not more than ten directors, who shall
manage the affairs of said association and
society for the period of one year, and until
others are elected in their stead and place, and
the name adopted by said association and
society as its corporate name, which articles
of association shall be filed in the office of the
secretary of state, who shall endorse thereon
the day they are filed, and record the same in
164 ENFORCEMENT OF FISH AND GAME LAWS.
a book to be kept by him for that purpose;
and upon filing said articles of association in
the secretary of state's office said persons who
shall have signed said articles of associa-
tion, and all being citizens of this State above
the age of twenty-one years, shall thereupon
become members of said association, and shall
be a corporation by the corporate nime men-
tioned in said articles of association for the
purpose aforesaid, and as such corporation
shall have the power to make and use a com-
mon seal, to sue and be sued, and generally to
have the privileges and immunities incident to
bodies politic, and be subject to the liabilities
and restrictions imposed thereon.
2. That the object of said association and
society shall be the better protection of game
and game fish, and to aid in carrying out the
laws of this State for the protection of the
same.
3. That in order to carry out the objects
aforesaid, it shall be lawful for *such associa-
tions and societies to have the power to make
and adopt a constitution and by-laws and regu-
lations for the admission and fee of members,
for the safe keeping of its property and funds,
and from time to time to alter and repeal such
constitution, by-laws and regulations, by la
majority of its members present at any regular
meeting, upon notice being given at any regu-
ENFORCEMENT OF FISH AND GAME LAWS. 165
lar preceding meeting for the assessments of
its members, fine on officers and members for
failure and neglect of any compliance of the
constitution, by-laws and regulations thereof;
and said fees, assessments and fine shall be
collected in the name of the association and
society by its corporate name against the de-
linquents, as debts of like amount may now or
hereafter be collected by law.*
♦ This act has been repealed, but the repealer does
not operate as to associations in existence and duly
"incorporated at the time of the passage of the re-
pealing act." New associations cannot be formed
under the above act.
Procedure for Enforcing the Laws.
An Act to provide a uniform procedure for the
.enforcement of all laws relating to fish,
game and birds, and for the recovery of pen-
alties for violations thereof.
Approved March 29, 1897.
1. All laws general and special for the pro-
tection of fish, game and birds, or in any man<
ner prohibiting or regulating the taking or
possession of the same, shall hereafter be en-
forced, and all penalties for violation thereof
shall hereafter be recovered in accordance with
the provisions of this act,
2. (As amended March 31, 190^5.) Justices of
the peace, district courts and police magis-
trates shall have jurisdiction to try and pun-
ish any person or persons, corporation or
corporations,, accused of violating any of the
laws specified in the first section of this act,
or any of the provisions thereof, and every
penalty prescribed for such violation may be
enforced and recovered before any justice of
the peace, district court or police magistrate,
either in the county where the offense is com-
mitted or where the offender is first appre-
hended or where he may reside; and nothing
contained in any law heretofore passed shall
be construed to prohibit justices of the peace
168 ENFORCEMENT OF FISH AND GAME LAWS.
residing within the limits of any city where
a district court is or may be established from
exercising jurisdiction under this act.
3. Such justice of the peace, district court or
police magistrate upon receiving complaint in
writing, duly verified, of the violation of any
law specified in the first section of this act, or
of any of the provisions thereof, is hereby
authorized and required to issue a warrant,
directed to any constable, police officer, fish
and game warden, fish and game protector, or
deputy fish and game warden of this State,
commanding him to cause the person or per-
sons so complained of to be arrested and
brought before such justice, district court or
police magistrate, and shall thereupon, in a
summary way, hear and determine the guilt or
innocence of such person or persons, and, upon
conviction, shall impose upon the person or
persons so convicted the penalty or penalties
prescribed, together with the cost of prose-
cution, for such offense, and if any person or
persons shall fail to pay the penalty or penal-
ties so imposed, together with the costs of
prosecution, the said justice, district court or
police magistrate shall commit him or them to
the cpmmon jail of the county where such
conviction is had, for a period not exceeding
ninety days, or until said penalty and costs
are paid.
ENFORCEMENT OF FISH AND GAME LAWS. 169
4. Such justice of the peace, district court or
police magistrate, upon receiving complaint in
writing, duly verified, of the violation of any
law specified in the first section of this act, or
any of the provisions thereof, by any corpora-
tion or corporations, is hereby authorized and
required to issue a summons directed to any
constable, police officer, fish and game warden,
fish and game protector, or deputy fish and
game warden of this State, requiring such cor-
poration or corporations to be and appear
before such justice of the peace, district court
or police magistrate on the day therein named,
to answer the said complaint, which said sum-
mons shall be served on the president, vice-
president, secretary, superintendent or mana-
ger of such corporation at least five days
before the time of appearance mentioned
therein, and thereafter all proceedings shall be
the same as in cases against individuals; ex-
cept where a different procedure is provided by
this act.
5. Ftor the violation of any law specified in
the first section of this act, or any of the pro-
visions thereof, donfe within the view of, any
constable, police officer, fish and game warden,
fish and game protector, deputy fish and game
warden, or any officer or member of any in-
corporated game protective society, such officer
is hereby authorized, without warrant, to ar-
170 ENFORCEMENT OF FISH AND GAME LAWS.
rest the offender or offenders and to carry him
or them before a justice of the peace, district
court or police magistrate of the county
wherein such arrest is made, and the justice,
district court or police magistrate before whom
such offender or offenders shall be taken is
hereby authorized and required to hear and de-
termine in a summary way the guilt or inno-
cence of such person or persons, after receiv-
ing from the said officer a complaint in writing,
duly verified, setting forth the nature of the
offense for which the said person or persons
was or were arrested.
6. In any action commenced under the pro-
visions of this act the prevailing party shall
recover costs against the other; and the same
fees and costs shall be allowed therein as in
trials before justices of the peace holding court
for the trial of small causes.
7. Any hearing to he held pursuant to this
act, may, for good cause shown, be adjourned
for a period not exceeding thirty days from
the return of any warrant or the time of ap-
pearance mentioned in any summons, or from
the date of any arrest without warrant, as
the case may be, but in such case it shall be
the duty of the justice, district court or police
magistrate to detain the defendant or defend-
ants in safe custody unless he or they shall
enter into bond to the person making the com-
ENFORCEMENT OF FISH AND GAME LAWS. 171
plaint with at least one surety in double the
amount of the penalty to be recovered, con-
ditioned for his or their appearance on the day
to which the hearing shall be adjourned, and
thence from day to day until the case is dis-
posed of, and then to abide by the judgment
of the justice, district court or police magis-
trate, provided no appeal therefrom be taken,
and such bond, if forfeited, may be prosecuted
by the person to whom it is given in any court
of competent jurisdiction.
8. (As amended October 2, 1907.) All moneys
recovered pursuant to the provisions of this
act shall be paid to the treasurer of this State,
for the use of the State.
9. Any party to any proceeding instituted
under this act may appeal from the judgment
or sentence of the justice, district court or
•police magistrate, to the court of common
pleas of the county in which the said proceed-
ings take place; provided, that the party ap-
pealing shall, within teu days after the date of
the said judgment, serve a written notice of
appeal upon the opposite party, pay the costs
of such proceedings, and deliver to the justice,
district court or police magistrate a bond to
the opposite party in double the amount of
the judgment appealed from, with at least one
sufficient surety, conditioned to prosecute the
said appeal and to stand to and abide by such
172 ENFOECEMENT OF FISH AND GAME LAWS.
further order or judgment as may hereafter be
made against said party.
10. (As amended March 31, 1905.) Whenever
an appeal shall be taken as aforesaid, it shall
be the duty of the justice of the peace, dis-
trict court or police magistrate to send all
papers, together with a transcript of the pro-
ceedings in the case, to the next term of the
court of common pleas of the said county
which court shall hear and determine such ap-
peal in the same way and manner as said case
was heard and determined by such justice of
the peace, district court or police magistrate.
11. The duly appointed fish and game pro-
tector, fish and game wardens, and deputy
fish and game wardens of this State shall have
the same power and be entitled to the same
fees for the services of process in cases insti-
tuted under this act as constables have and
are entitled to receive in the courts for the
trial of small causes.
12. No person shall be excused from giving
evidence in any action or proceedings taken or
had under this act, on the ground that such
evidence might tend to convict such witness,
or render him liable to prosecution under this
act, but such evidence shall not be received
against such witness in any such prosecution.
13. If any person or persons, corporation or
corporations, shall be found making use of any
ENFORCEMENT OF FISH AND GAME LAWS. 173
boat or boats, vessel or vessels, or any seine,
gill, drift, anchor or sink-nets, fixed-nets, trap,
pot, pound, set-line, fyke, weir, or other ap-
paratus for the unlawful taking of fish in any
waters within the jurisdiction of this State in
violation of any of the laws specified in the
first section of this act, he, she or they shall, in
addition to the penalties prescribed, forfeit the
boat or boats, vessel or vessels, seine or seines,
net or nets, gill or gills, drift or drifts, draw-
net or nets, fyke or fykes, trap or traps, pot or
pots, pound or pounds, weir or weirs, set-line
or lines, or other apparatus so unlawfully
used ; and it shall be the duty of all constables,
sheriffs, fish and game wardens, an(l the fish
and game protector, and it shall be lawful for
any other person or persons, to seize and se-
cure any of the aforesaid apparatus, and im-
mediately thereafter give notice to some jus-
tice of the peace, district court or police magis-
trate of the county wherein said seizure shall
be made; and said justice of the peace, dis-
trict court or police magistrate is hereby
authorized and required, at such time and
place as shall be appointed, to hear and de-
termine in a summary way whether the same
was unlawfully used, and if it shall appear
that the same was unlawfully used, to make
an order directing the confiscation and for-
feiture of the same to the use of the game and
174 ENFORCEMENT OF FISH AND GAME LAWS.
fish commissioners of this State, who -may dis-
pose thereof at their discretion.
14. Any judgment obtained under the pro-
visions of this act against a corporation may
be docketed in the ofllce of the clerk of the cir-
cuit court in and for the county in which such
judgment shall be obtained, and like proceed-
ings shall be had for the collection of the same
as if the said judgment had been rendered in
the said court.
15. Proceedings under this act may be in-
stituted on any day of the week, and the insti-
tution of such proceedings on Sunday shall be
no bar to the successful prosecution of the
same and. any process served on Sunday shall
be as valid and effectual as if served on any
other day of the week.
16. All proceedings for the recovery of pen-
alties pursuant to the provisions of this act
shall be entitled and shall run in the name of
the State of New Jersey with one of the fish
and game wardens of the State, or a deputy
fish and game warden, or a police officer, or a
constable, or a member of any regularly incor-
porated fish and game protective association,
or the fish and game protector, as prosecutor,
and no proceedings shall be instituted by any
person not a duly commissioned fish and game
warden, or a deputy fish and game warden, or
a police officer, or a constable, or a member of
ENFORCEMENT OF FISH AND GAME LAWS. 175
any incorporated fish and game protective as-
sociation, or the fish and game protector of
this State.
17. In all cases where a person shall be con-
victed a second time, double the penalty pre-
scribed shall be Imposed upon such second con-
viction, and it is hereby made the duty of every
person making the complaint pursuant to the
provisions of this act, who has reason to be-
lieve that the accused has been previously con-
victed, to lay such information before the jus-
tice of the peace, district court or police magis-
trate, and produce such proof of the same as
shall be admissible.*
18. Sections thirty-two, thirty-three, thirty-
four, thirty-five, thirty-six, thirty-seven, thirty-
eight, thirty-nine, forty, forty-one, forty-two,
forty-three, 16rty-four, forty-five, forty-alx
and forty-seven of an act entitled "An act for
the protection of certain kinds of birds, game
and fish, and to provide a procedure to recover
penalties for the violation thereof," approved
March twenty-second, one thousand eight hun-
dred and ninety-five, as such act was amended
by supplement approved April fourteenth, one
thousand eight hundred and ninety-six, and all
♦ This section was declared unconstitutional by the
Supreme Court in the case of Hawkins v. American
Copper Extraction Company^ argued at the Noyember
Term of 1902.
176 ENFORCEMENT OF FIS5 AND GAME LAWS.
acts and parts of acts inconsistent with the
provisions of this act be and the same are
hereby repealed; provided, that such repealer
shall not be taken or construed to interfere
with any prosecutions now pending or which
may hereafter be begun for the violation here-
tofore of any such laws.
A Supplement to an act entitled "An act to
provide a uniform procedure for the enforce-
ment of all laws relating to fish, game and
birds, and for the recovery of penalties for
violations thereof/' approved March twenty-
ninth, one thousand eight hundred and
ninety-seven.
Approved April 9, 1902.
1. The fish and game commissioners, the fish
and game protector and the fish and game
wardens of this State shall have power, with-
out warrant, to search and examine any boat,
conveyance, vehicle, fish-box, fish-basket, game-
bag or game coat, or other receptacle for game
and fish, when they have reason to believe that
any of the laws for the protection of game and
fish have been violated; and the said fish and
game commissioners, fish and game protector
and fish and game wardens shall, at any time,
seize and take possession of any and all birds,
ENFORCEMENT OF FISH AND GAME LAWS. 177
animals or fish, which have been caught, taken
or killed at any time in a manner or for a pur-
pose, or had in possession or under control,
have been shipped or are about to be shipped,
contrary to any of the laws of this State; jus-
tices of the peace, district courts and police
magistrates, upon receiving proof of probable
cause for believing in the concealment of any
bird, animal or fish caught, taken, killed, had
in possession, under control or shipped, or
about to be shipped, contrary to law, shall
issue a search warrant and cause a search to
be made in any place, and to that end may,
after demand, and refusal, cause any building,
enclosure or car to be entered, and any apart-
ment, chest, box, locker, crate, basket or pack-
age to be broken open and the contents thereof
examined by said fish and game commission-
ers, fish and game protector or fish and game
wardens; all birds, animals or fish, or nets, or
fishing appliance or apparatus, seized by the
fish and game commissioners, fish and game
protector or any of the fish and game wardens,
shall be disposed of in such manner as may be
directed by the justice of the peace, district
court or police magistrate before whom the
offense is tried; and such fish and game com-
missioners, fish and game protector or fish and
game wardens shall not be liable for damages
on account of any such search or the destruc-
178 ENFORCEMENT OF FISH AND GAME LAWS.
tion of any nets or fishing apparatus of any
kind in accordance with the provisions of this
act.
2. In prosecutions instituted under the act
to which this is a supplement, no further plead-
ings than the filing of the complaint and the
issuing of the warrant shall be necessary on
the part of the prosecutor, nor shall any such
proceedings be invalidated on account of lack
of endorsement of the complaint or the war-
rant or for insufficiency in the recital of
the offense charged; provided^ however^ that
said complaint shall specify the section and
the title of the act charged to have been vio-
lated, the time of the commission of the
alleged offense and the location where it is
charged the offense was committed.
INSTRUCTIONS TO WARDENS AND
DEPUTIES.
In charging a person with having violated
any section of the fish and game law, be care-
ful to charge that the violation was contrary
to the provisions of the section (giving it) of
the act entitled (here reciting the title of the
general act and the date of the approval
thereof). If, however, such section has been
amended, after reciting the date of the
approval of the original act, add as fol-
lows: "as said section was amended by
act approved nineteen hun-
dred and ."
In a giTat many of the sections of the fish
and game law there are exceptions. An ex-
ception must be negatived. By this is meant
that where there is an exception in favor of
some person or thing, you simply charge the
violation and charge that the person is not
within the exception. For instance, as an
illustration of negativing an exception and
reciting the fact of the amendment of a
180 INSTRUCTIONS TO WARDENS AND DEPUTIES.
section, the following is given, with respect
to section ten of the general fish and game
act.
Albert Jones, at the township of ,
in the county of , on the day
of , nineteen hundred and ,
did kill a reed bird, said day NOT being a
day from the first day of September to the
thirty-first day of December, both dates in-
elusive^ of the year aforesaid, contrary to and
in violation of the provisions of section ten of
an act of the Legislature of the State of New
Jersey, entitled ^"An act for the protection of
certain kinds of birds, game and fish, to regu-
late their method of capture and to provide
open and close seasons for such capture and
possession (Eevision of 1903),'^ approved
April 14th, 1903, as said section was
amended by act approved April 10th, 1907
(P. L. 1907, p. 66),
As the rule of law requires an exception
of this kind to be negatived, the complaint
must recite the exception, otherwise it is de-
fective.
It has often been mooted as to whether the
INSTRUCTIONS TO WARDENS AND DEPUTIES. 181
complaint and summons must be endorsed as
in ordinary actions by common informers.
The proceedings under the fish and game act
are summary and are not before a court, the
justice of the peace sitting merely as a magis-
trate, and it has been held by the Supreme
Court that the endorsement on the complaint
and summons is not necessary; nor is the
justice required to keep a docket, or a record
of the evidence, because the form af convicT
tion has been prescribed by the Legislature.
It is suggested, however, that it would be well
for the justice to keep a record of what trans-
pires before him in order that if at any time
the justice should be required to certify what
transpired, he will be enabled to examine his
record.
A COMPLETED CASE.
COMPLAINT.
Complaint for kill-
ing one quail.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor;
V.
Albert Jones, Defendant.
State of New Jersey, "I
County of Passaic. / **'
Personally appeared before tlie subscriber, a Jus-
tice of the peace in and for said county, Jolin
Smith, one of the flsh and game wardens of the State
of New Jersey, who, being duly sworn according to
law, on his oath deposes and says that on. the tenth
day of October, a. d. 1907, one Albert J<mes, at the
township of I'ompton, in the county of Passaic afore-
said, did unlawfully kill one quail, iaid day not
heing a day hetween the fifteenth day of Octoher and
the first dap of December^, both dates inclusive, of the
year aforesaid, contrary to and in violation of section
one of an act of the Legislature of this State entitled
"A supplement to an act entitled 'An act for the pro-
tection of certain kinds of birds, game and flsh, to
regulate their method of capture and to provide open
and close seasons for such capture and possession (Re-
vision of 1903),' approved April fourteenth, one thou-
sand nine hundred and three," approved April 13th,
1908, whereby the said Albert Jones did incur a
penalty ; and he prays that the said Albert Jones
may be apprehended and dealt with according to law.
Subscribed and sworn to before me this
day of A. D. 190 ,
Warden.
Justice of the Peace.
184 A OOMPLETED CASE.
WARRANT.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor,
V.
Albert Jonijs, Defendant.
State of New Jersey, ,
Complaint for icill-
ing one quail.
County of Passaic
The State of New Jersey to any constable or police
officer of said county, or to any fish, and game
warden of the State :
Whereas, Proof has been made before me, under
oath, that one Albert Jcxies did, on the 10th day of
October, A. d. 1908, at the township of Pompton and
the county of Pi&ssaic, unlawfully kill one quail,
said day not being a day between the fifteenth day
of October and the first day af December, both dates
inclusive, of the year aforesaid, contrary to and in
violation of section one of an act of the Legislature
of this State entitled "A supplement to an act entitled
*An act for the protection of certain kinds of birds,
game and fish, to regulate their method of capture and
to provide open and close seasons for such capture and
possession (Revision of 1903),* approVed April four-
teenth, one thousand nine hundred and three,*' ap-
proved April 13th, 1908.
You are hereby commanded to take the body of said
Albert Jones so that yon have him forthwith before
the subscriber at my office, in the city of Paterson, in
the county aforesaid, to answer the said charge and
be dealt with according to law.
Given under my hand and seal this 10th day of
October, a. d. 1908.
James Matthews, Justice of the Peace,
A COMPLETED CASE. 185
OFFICER'S RETURN OF WARRANT.
I arrested the within-named Albert Joraai, at the
township of Pompton, on. the 10th day of October,
A. D. 1908, and have him now before the said Justice
as within I am commanded.
Dated this 10th day of October, a. d. 1908.
RiCHABD Rob, Constable.
BOND.
Complaint for kill-
ing one quail.
The State of New Jersey, John "^
Smith, Fish and Game War-
den, Prosecutor,
V.
Albbbt Jones, Defendant.
State of New Jerncy, 1
County of Passaic. ) ***
We, Albert Jones and James Kelley, do hereby ac-
knowledge ourselres indebted to the State of New
Jersey and John Smith, one of the flsh and game
wardens of said State, in. the sum of forty dollars,
to be paid to the said State of New' Jersey and Jolin
Smith, one of the fish and game wardens of said
State, on the following conditions, to wit : That the
said Albert Jones shall be and appear before James
Matthews, one of the Justices of the peace of the
county of Passaic, on the 12th day of October, a. d.
1908, and answer unto the complaint of said State of
New Jersey and John Smith, one of the flsh and
game wardens of said State, against him for unlaw-
fully killing one quail, and thence from day to day
until the case is disposed of, and then to abide the
Judgment of the court, or otherwise to demand and
186 A COMPLETED CASE.
perfect an appeal to the Court of Common Pleas of
said county wfthin ten days from the time of ren-
dering final Judgment, then this bond to be void,
otherwise to remain In full force and effect.
• In witness whereof we have hereunto set our hands
and seals the 10th day of October, a. d. 1908.
Albebt Jones, [l. s.]
Jambs Kellet. [l. s.]
Sealed and delivered in presence of
COMMITMENT.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor,
V.
Albert Jones, Defendant.
State of New Jersey,
County of Passaic. ^ ***
Complaint for kill-
ing one quail.
To any constable or police officer of said county, or
to any fish and game warden of said State, and to
the keeper of the common Jail of said county :
Whebbas, Albert Jones was, on the 12th day of
October, a d. 1008, before me, a justice of the peace
of said county, convicted of having unlawfully killed
one quail contrary to and in violation of section one
of an act of the legislature of this State entitled
"A supplement to an act entitled 'An act for the
protection of certain kinds of birds, . game and fish,
to regulate their method of capture and to provide
open and close seasons for such capture and pos-
session (Revision of 1903)/ approved April four-
teenth, one thousand nine hundred and three," ap-
proved April 13th, 1908| and I did thereupon impose
A COMPLETED CASE. 187
upon said Albert Jones the penalty prescribed for
said offense, viz. : That he should pay the sum of
twenty dollars, together with the sum of three dol-
lars and forty cents, costs of prosecution by me
adjudged against him, on complaint of said State of
New Jersey and John Smith, one of the fish and
game wardens of said State ; and
Whereas, The said Albert Jones has failed to pay
said penalty and costs ;
These are therefore to command you, the said con-
stable, police oflScer or warden, •to take and convey
the said Albert Jones to the common jail of said
county of Passaic, and deliver him to the keeper
thereof, together with this warrant. And I do hereby
command you, the said keeper of said common Jail,
to receive the said Albert Jones into your custody in
the said common Jail, and him there safely keep and
detain for the period of ten days, or until said fine
and costs are paid.
Given under my hand and seal the 12th day of Oc-
tober, A. D. 1908.
Jamks Matthkws, Justice of the Peace. ■
188 A COMPLETED CASE.
CONVICTION.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor,
V.
Albert Jones, Defendant.
State of New Jersey, ,
Complaint for Iclll-
ing one quail.
County of
}
Be it remembered, that on this day
of A. D. nineteen hundred and
at in said county, defendant,
was, by one of the Justices of the peace
in and for said county (or by the district court or
police magistrate, as the case may be), conricted of
violating the section of an act of Legislature
of said State, entitled "A supplement to an act enti-
tled 'An act for the protection of certain kinds of
birds, game and fish, to regulate their method of cap-
ture and provide open and close seasons for such
capture and possession (Revision of 1903),' approved
April fourteenth, nineteen hundred and three," which
supplement was approved April 13th, 1908 (or if
violation be of a supplement or amendment, then
^tate title of act and date of approval), in a sum-
mary proceeding at the suit of one of the
flsh and game wardens of said State, plaintiff (or as
.the case may be), upon complaint made by ;
and further, that the witnesses in said proceeding who
testified for the plaintiff were (name them), and the
witnesses who testified for the defendant were (name
them) ; whereupon said justice of the peace (or dis-
trict court or police magistrate, as the case may be)
doth hereby give Judgment that the plaintiff recover
of the defendant penalty and costs
of this proceeding.
James Matthews, Justice of the Peace.
A COMPLETED CASE. 189
BOND ON APPEAL TO THE COMMON PLEAS.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor, ^
i;.
Albert Jones, Defendant. j
Complaint for kill-
ing one quail.
Know all men by these presents, that we, Albert
Jones and James Kelley, of the county of Passaic, in
the State of New Jersey, are held and bound unto
John Smith, of the same place, in the sum of
forty dollars, to be paid to the said John Smith, his
executors, administrators and assigns ; to which pay-
ment we bind ourselves, our and each of our heirs,
executors and administrators, jointly and severally,
firmly by these presents. Sealed with our seals, dated
the 12th day of October, 1908. The condition of the
above obligation is, that whereas the above bounden
Albert Jones hath appealed from the Judgment of
James Matthews, Eisquire, <Mie of the Justices of the
peace of the county of Passaic, rendered against him
in an action for the recovery of a penalty, wherein
the said Albert Jones was defendant and the said
John Smith was prosecutor. Now, therefore, if the
said Albert Jones shall appear in the next Court of
Common Pleas to be holden in and for the county
aforesaid, and prosecute his appeal, shall stand to
and abide the Judgment of the said court and pay
such costs as shall be taxed, if the Judgment be
affirmed, then this obligation to be void, otherwise
to remain In force.
Albert Jones, [l. s.]
James Kelley. [l. s.]
Signed, scaled and delivered in the presence of
Dated October 12, 1908.
190 A COMPLETED CASE.
RECORD.
County of Passaic, 88. — Before James Matthews,
Esquire, a Justice of the peace of said county.
The State of New Jersey, John
Smith, Fish and Game War-
den, Prosecutor,
V.
Albert Jones, Defendant.
^
Complaint for Iciil-
ing one quail.
October 10, 1908. Complaint haying been made
to me by afRdavit of John Smith, one of the fish and
game wardens of the State of New Jersey, that Al-
bert Jones did, on the 10th day of October, 1908,
unlawfully kill one quail contrary to the proylsions
of section one of the act entitled "A supplement to
an act entitled 'An act for the protection of certain
kinds of birds, game and fish, to regulate their
method of capture and provide open and close sea-
sons for such capture and possession (Revision of
1903),* approved April fourteenth, nineteen hundred
and three," which said supplement was approved
April 13, 1908, which affidavit I filed, I issued my
warrant, dated October 10, 1908, for the arrest of
the defendant, and gave it to Richard Roe, a con-
stable, to be executed.
Octol>er 10, 1908. The constable returned the war-
rant with the defendant in custody, as follows :
I arrested the within-named Albert Jones at the
township of Pompton, on the 10th day of October,
A. D. 1908, and have him now before the said Justice
as within I am commanded.
Dated this 10th day of October, a. d. 1908.
Richard Roe, Constable.
A COMPLETED CASE. 191
The complaint having been read to the defendant
he declared himself not guilty and demanded a trial.
At the request of the defendant I adjourned the
trial to October 12, 1908, at 2 o'clock p. m. The de-
fendant entered into bond in the sum of forty dollars'
with James Kelley, a surety, for his appearance be-
fore me on the day and the hour fixed for trial.
October 12, 1908, at 2 o'clock p. m. This being
the day of appearance mentioned in defendant's bond,
and the day set for the trial of this cause, the de-
fendant appeared ; the prosecutor also appeared.
Trial proceeded. On the part of the prosecutor
Julian Devere was sworn as a witness, and testified
tliat on the 10th day of October, 1908, he saw the
defendant at the railroad station at Mlidvale, in Pomp-
ton township, in Passaic county ; that defendant had
a shot gun with him. Witness asked defendant what
he had been doing. Defendant replied that he had
been hunting and killed one quail. Defendant pro-
duced the quail and showed it to witness and said
that he had shot it that day near the station.
For the defendant the said Albert Jones was sworn
as a witness. He testified that he had killed one
giiail, as was alleged, but that when he did so he
was ignorant that it was against the law.
The evidence being closed, I gave judgment for the
prosecutor and against the defendant, finding the de-
fendant guilty of the offense charged in the complaint.
I thereupon imposed upon the defendant a penalty
of twenty dollars, and three dollars and forty cents,
the costs of prosecution.
The defendant having failed to pay said penalty
and the costs, I did order that he be committed to
the county jail for a period of ten days.
I issued a commitment and gave it to Richard Roe,
a constable.
192 A COMPLETED CASE.
(The Statements in the docket should be varied
according to the various proceedings, and the costs
should be taxed on the margin.)
Jambs Matthews,
Justice of the Peace, Passaic County.
ABSTRACT OF DECISIONS.
Following will be found some decisions
rendered by the Supreme Court of the United
States and some of the higher State courts
in matters pertaining to the enforcement of
fish and game laws. The number of de-
cisions might have been multiplied but the
principle in all is practically the same, that
each State has almost unlimited power to
enact laws for the protection of fish and
game. In rendering the opinions in the cases
cited below the courts almost invariably re-
ferred to" previous decisions or to authorities
and these may be readily ascertained by
reference to the full decisions.
7
194 ABSTRACT OF DECISIONS.
OWNERSHIP OP FISH AND GAME. '
In Gentile v. State, 29 Ind. 415, the court,
citing 2 Bliick Com, 392, said: "As far as any
right of property in fish can exist, it is in the
public, or is common to all. No individual
property in them exists until they are taken
or reduced to actual possession."
"The States own the tidewaters themselves
and the fish in them, so far as they are capable
of ownership while running. For this purpose
the State represents its people and the owner-
ship is that of the people in their united
sovereignty." McCready v. Virginia, U. 8. 394.
"The ownership of fish is in the State for the
benefit of its people in common and the legis-
lature has the right to permit individuals to
catch them upon such terms and conditions
as it may impose, and to restrict the property
acquired in them when caught to such extent
as it deems proper. It may prohibit catching
them entirely or for a specified season, or it
may permit them to be caught for the use of the
person who makes the catch and withhold the
right to sell them or ship them for sale." State
V. Organ, 56 Ark. 267.
"No one has a property in the animals and
fowls denominated 'game' until the^ are re-
duced to possession." Magner v. People, 97 III.
ABSTRACT OF DECISIONS. 195
320, citing 2 Kent's Com. (Sth ed.) 416 et seq.,
and Cooley on Torts 435.
"The person killing game under this statute
has but a qualified property in the birds after
they are killed. He may consume them. If a
trespasser should take them from him he might
maintain an appropriate action to regain the
possession. But the law which authorized him
to kill the quail has withheld the right to sell
or the right to ship for the purpose of sale, and
when such person undertakes to ship for sale
he is undertaking to assert a right not con-
ferred by law." American Express Co. v.
People, 133 III. 649.
A Massachusetts law provides that fish arti-
ficially propagated or maintained shall be the
property of the person propagating or main-
taining them, and a person legally engaged in
their culture and maintenance may take them
in his own waters at pleasure, and may have
them in possession for purposes properly con-
nected with said culture and maintenance, and
may at all times sell them for these purposes,
but shall not sell them for food at seasons when
their capture is prohibited by law. This law
was sustained as constitutional in Common-
wealth V. Gilbert, 35 "N. E. Rep. 454.
196 ABSTRACT OF DECISIONS.
POSSESSION OF GAME.
In October, 1889, Edgar M, Greer was prose-
cuted in New London, Connecticut, for unlaw-
fully receiving and having in his possession
certain game for the purpose of procuring the
transportation thereof beyond the limits of the
State, such game having been killed in the
State of Connecticut during the season in which
the law permitted the killing thereof. The de-
fendant was convicted and this conviction was
sustained by the Supreme Court of Errors of
Connecticflt. 67 Conn. 144. The case was
argued before the Supreme Court of the United
States at the October Term, 1896, and at the
March Term, 1896, the conviction was susr
tained. The decision in the United States Su-
preme Court was written by Justice White and
is an elaborate exposition, of the fundamental
principles of fish and game legislation.
In the case of Phelps v. RaceVy 60 N. Y. 10,
the New York Court of Appeals sustained a
conviction for having game in possession in
close season, overruling the defense that the
game had been brought to New York from
another State, or that it had been killed within
the open season, and also deciding that such a
statute is not in violation of the interstate
commerce law.
ABSTRACT OF DECISIONS. 197
The Court of Appeals of the District of Co-
lumbia, in the case of Javins et al, v. United
States, sustained the conviction of the defend-
ants for unlawful possession of quail in an
opinion filed November 1st, 1897, although the
defendants showed that the game had come
into their possession in the regular course of
trade from Illinois or Missouri.
The latest decision, in accordance with the
foregoing principle, was rendered by the Court
of Errors of Maryland, in June, 1899.
Other cases in which convictions were sus-
tained for possession of game lawfully taken
in some other States are: Commonwealth v.
Hall, 128 Mass. 410; Commonwealth v. Wil-
kinson, 139 Pa. 298; People v. O'Neil, 71 Mich.
325; Davis v. McNair (Ont), 21 Central L. J.
iSO; Guyer v. Queen, 23 Q. B. D. 100; White-
head V. Smithers, 2 C. P. D. 563; Roth v. State,
7 Ohio C. C. 62; State v. Randolph, 1 Mo. App.
15.
RIGHT TO DESTROY NETS.
In the case of Lawton et al. v. Steele, the
Supreme Court of the United States held to be
constitutional the law of New York providing
for the summary destruction of nets and pro-
viding that no damages should be recovered
198 ABSTRACT OF DECISIONS.
for such destruction. Opinion rendered March
5th, 1894.
A similar opinion was rendered by the Su-
preme Court of Michigan, in 1897.
See, also, case of Schneider v. Fifield, re-
ferred to under heading "Fish in Tidewaters."
OBSTRUCTION BY DAMS.
The Supreme Court of Iowa, in 1899, held to
be constitutional a law which required owners
of dams to place iishways in such dams.
RESTRICTING THE RIGHT TO FISH AND HUNT.
The right of a State to prohibit the taking
of fish on the part of all persons, including per-
sons fishing in their own waters, was upheld
in the case of the State of Vermont v. Theri-
ault, in a decision rendered by the Supreme
Court of Vermont. Opinion filed July 20th,
1898.
The following is the syllabus of an opinion
rendered by the Supreme Court of New Jersey
and reported m 3 Yroom:
1. The soil under the waters of fresh water
lakes, within the boundaries of the original
grant of the province of New Jersey, is in the
ABSTRACfT OF DECISIONS. 199
proprietors and not in the State, and may
be acquired by an individual owner by grant
from the council of proprietors.
2. The exclusive right of fishery is prima
facie in the owner of the soil, but may be ac-
quired separate from the ownership of the soil
by grant or prescription.
3. A right of fishery in private waters can-
not be claimed by custom, but must be pre-
scribed for in a que estate, and a right claimed
by prescription is not established by proof of
customary right.
4. In analogy with the statute of limita-
tions, which does not apply to incorporeal here-
ditaments, an adverse user of an incorporeal
hereditament for the period of twenty years,
affords a presumption of a grant which has
been lost.
5. An user, to be adverse, must be under a
claim of right against the true owner, with
such circumstances of notoriety as to afford an
indication to the owners that a right is claimed
against him.
6. When the owner of a fishery does not
himself work it for profit, but suffers the pul>
lie to fish in it without objection, an user by an
individual, which is not distinguished from
that of the public, will be considered permis-
sive, and not adverse, unless there is evidence
that it was under a claim of right in himself.
200 ABSTRACT OF DECISIONS.
and that the owner, knowing of such claiixL,
acquiesced in it.
7. That the defendant, or those under whom
he claims, erected a hotel for the accommoda-
tion of the public who might visit the lake —
the ownership of which is in another — for the
purpose of fishing, is not evidence of a pre-
scriptive right in the defendant to fish therein.
This was followed by the following syllabus
of opinion, to be found in 4 Vroom:
1. The right to fish and take fish is not an
easement. It is a right of profit in lands, and
cannot be claimed under the designation of
easement.
2. The only moae of acquiring a right of
taking a profit on another's soil is by grant or
prescription, and it must be so pleaded. .
3. The right claimed in this plea cannot exist
in the soil of a private proprietor either by
custom or prescription.
4. A right of fishing in private waters can-
not be acquired by the public by dedication.
The following is the syllabus of an opinion,
to be found in 19 Vroom:
1. The act for the protection of game and
fish, approved April 4th, 1878, in providing for
greater restrictions and severer penalties upon
non-residents of the State than upon residents,
for hunting game, is not contrary to those
clauses of the fourteenth amendment of the
ABSTRACT OF DECISIONS. 201
national constitution, which declare that no
State shall deprive any person of life, liberty
or property, without due process of law, or
deny to any person within its jurisdiction the
equal protection of the laws.
2. The act does not violate Article IV., § 7,
jf 4, of the constitution of New Jersey.
3. The term "law" in the paragraph cited
means an enactment of the legislature.
4. The statute of April 4th, 1878, above men-
tioned, is valid in its application to the act of
a non-resident of the State killing game on the
property of persons who have formed an as-
sociation, under the laws of the State, for the
protection of game on their own property.
DOGS RUNNING AT LARGE.
The New York statute prohibiting the run-
ning at large of dogs in a deer country was
sustained as constitutional by the New York
Court of Appeals, in 1899, in the case of Ives
V. New York,
RIGHT OF TRIAL BY JURY.
"There is not a State in the Union which has
not a constitutional provision entitling per-
sons charged with crime to a trial by jury, and
202 ABSTRACT OF DECISIONS.
yet from time immemorial the practice has
been to try persons charged with petty offences
before a police magistrate, who not only passes
upon the question of guilt, but metes out the
proper punishment. This has never been
treated as an infraction of the constitution,
though technically a person may in this way
be deprived of his liberty without the interven-
tion of a jury.'* United States Supreme Court,
March 5th, 1894; Lawton et al. v. Steele, citing
Callan v. Wilson, 127 U. 8. 540.
Judge Reed of the New Jersey Supreme
Court, in refusing an application to set aside a
judgment because the justice below had refused
a jury in summary proceedings instituted
under the oleomarga'rine act, said: "There is
no constitutional right to a trial by jury in
this kind of summary proceedings to enforce
police regulations. Such proceedings before
magistrates were a part of the law of England
and it is only trial by jury as it exists at com-
mon law that is guaranteed by the constitution.
Johnson v. Barclay, 1 Harr. 1, 6." 10 N. J, L. J.
175.
PROCEDURE.
The following is the syllabus of an opinion
rendered by the New Jersey Court of Errors
and Appeals March 6th, 1899:
ABSTRACT OF DECISIONS. 203
«r
The proceedings of the Court of Common
Pleas under the game and fish act of March 22 d,
1895 (2 Gen. Stat., p. 1580), are not *summary';
in 'such sense that the record of convictions
must set forth the evidence on which the con-
viction rested.
2. If the verdict of the jury or the finding of
the judge does not determine the issue of fact
presented for trial, a final judgment rendered
upon such verdict or finding is erroneous.
3. A certificate of the trial judge showing
what conclusion of fact he intended to an-
nounce on the trial of an issue without jury
will not rectify the record of a judgment which
appears to be erroneous for want of a de-
termination of the issue.
The following is the syllabus of an opinion
rendered by the New Jersey Supreme Court
and reported in 29 Vroom:
1. A statute gave jurisdiction to justices of
the peace to entertain actions for penalties
"upon receiving proof of aflSdavit or affidavits
of one or more persons of the violation of any
of the provisions of this act." Held, that
"proof" in this context means testimony that
conforms to the fundamental rules of evidence.
2. That an affidavit made upon information
and belief is not such proof.
204 ABSTRACT OF DECISIONS.
FISH IN TIDEWATERS.
The right of each State to control and regu-
late the taking of fish in the ocean within
three nautical miles of the shore was affirmed
by the United States Supreme Court in Man-
chester V. Massachusetts, 139 U. S, R. 240, in
m
which case the court held that the control of
the water indicated as far as fishing is con-
cerned is vested in each individual State and
not in the United States. In August, 1895, a
suit was instituted by Fish and Game Warden
Schneider in the county of Atlantic against
John C. Fifield and others, charging them with
having violated the law prohibiting the taking
of menhaden within three miles of the New
Jersey coast, a law which has since been re-
pealed, its place being taken by a law provid-
ing for the licensing of vessels for taking men-
haden. The case was carried on certiorari to
the New Jersey Supreme Court and in addi-
tion to the above counsel for accused raised
the point that the provision in the law pro-
viding for a seizure of the vessel -and appur-
tenance previous to any other proceeding was
unconstitutional, as it deprived a person of his
property without due process of law. The Su-
preme Court sustained the conviction, but no
ABSTRACT OF DECISIONS. 205
opinion was ever written. On the second point
raised, see Haney v. Compton, 7 Vroom 507, and
Day V. Compton, 8 Vroom 514.
INDEX
Open and closed season chart (front of
title page) Inset.
PAQE. SEC.
Commissioners 3
Compendium 5-11 . .,
Wardens and protector, with addresses, 12 . .
GENERAL FISH AND GAME LAWS.
PAGE. SEC.
Artificial bait 29 36
Bait, fishing fop 23, 24, 25 25
Bass, black 25 27
Bass, calico . . . '. 25 27
Bass, Oswego 25 27
Bass, white 25 27
Bass, striped 51, 52 . .
Beavers 20 17
Birds, other than game birds 14, 15 3
Birds, shore or bay 18, 19 9
Birds, nest and eggs 48, 49, 50, 51 . .
Bird nesting prohibited 15 4
Brant 16 6
16, 17 7
17 8
Carp 25 26
32 40
41, 42 . .
County clerks 57 . .
Clerks, town, county or municipality. . 58, 59, 60
Crappie 25 27
208 INDEX.
PAGE. SEC.
Dealers in game 21 19
Deer 37, 38 . .
Dogs running at large 23 24
Dogs, hunting on Sunday 21 20
Duck 16 6
16, 17 7
17 8
Dynamite 28 32
Eggs, destroying 15 4
Eels 23, 24, 25 25
Eel baskets 23, 24 25
Enforcement of laws (also see index
below) 32 41
English . pheasants 34, 35 . .
22 22
English sparrows 15 4
Explosives 28 32
Fisheries 43, 44 . .
Fishing 23, 24, 25 25
Fishing at night prohibited 27 30
Fishing through ice prohibited 36, 37 . .
Food fish 52, 53 . .
Game from without State 30, oi 38
36 ..
Game birds defined 14, 15 3
Geese 16 6
16,37 7
17, 18 8
Grass pike 28 31
Guns at arm's length ' 1?. 1
Hare 22 22
Hooks 20 35
29 36
Length of fish 28 31
INDEX. 209
PAGE. SEC.
License, unnaturalized foreign-born ... 58 . .
License, non-resident . ; 54 . .
Mammoose 43 2
Manner in which game may be taken. . 13 1
Marsh hens 19, 20 12
Menhaden 39, 40 . .
Mudhens 19, 20 12
Nests, robbing 15 4
Netting, etc., prohibited .23, 24, 25 25
Non-residents 54 . .
Non-residents' licenses 54 . .
Partridge , 34,35 ..
Penalty for violations of general law . . J 3 1
Permits to net 32 40
Permits to trap 14 2
Pickerel 25, 26 28
Pike 25, 2« 28
Pike-perch 25 27
Plover 18,19 9
39 11
Polluting waters 28, 29 33
Possession of trapped game 20, 21 18
Possession of fish and game 21 19
30,31 38
Property owners' duties 29, 30 37
Property owners' hunting 16 5
Private waters defined 31, 32 39
Propagation of game 21, 22 21
Quail 34,35 ..
22 22
Rabbit 14 2
22 22
210 INDEX.
PAGE. SEC.
Rail bird 19, 20 12
Reed bird 19 10
Removing game 22 22
oO) oo • •
Ring-neck pheasants S4, 35 . .
22 22
Rock fish. 51, 52 . .
Ruffed grouse r 34, 35 . .
22 22
Set-lines prohibited 29 35
Shore birds 18, 19 9
Shutting off waters 29 34
Snipe ., 18,19 9
Snow, hunting in ^ . . . 22, 23 23
Spearing 23,24,25 25
Squirrels 34, 35 . .
Storage of foreign game 30, 31 38
Sturgeon 42, 43 . .
Sunday hunting 21 20
Suckers 23,24, 25 25
32 ^0
Surf snipe 18, 19 9
Tench 25 26
Trapping, etc., prohibited 20, 21 18
Terrapin 44, 45, 46, 47, 48 . .
Trout 26, 27 29
Unnaturalized foreign-born residents,
licenses 58 . .
Waters Of State defined 31, 32 39
Water wild fowl 16 6
16. 17 7
17. 18 8
Woodcock 34, 35 . .
22 22
INDBX. 211
N
LOCAL AND SPECIAL LAWS.
PAGE.
Alloway's creek 90
Antuxent creek 61
Atlantic county 61, 62
Barnegat bay . . . . , 62, 63, 64, 65, 66
Bergen county 75, 76, 77, 78, 79
Bound creek 66
Burlington county 83, 84
Cape Island sound 68
Cape May 67,68, 69, 70, 71
Cheesequake creeK 72
Cohaasey creek ; 72, 73, 74
Cumberland county 74, 83
Delaware bay 67
Dennis township 68
Dividing creek 61
E]ssex county 66
Hackensack river 75, 76, 77, 78, 79
Hudson county 76, 78
Kill von KuU 80, 81
Lower township 67, 68, 69, 70
Manasquan river 81, 82, 83
Maple Island 66
Maurice river 61, 83
Middle township 69, 70
Mill creek 69
Millstone river 87, 88
Monmouth county 82, 83, 84, 91
MuUica river 91, 92, 93
Newark bay 80, 81
North Shrewsbury river 84, 85, 86
212 INDEX.
PAGE.
Ocean county , 83
Oronken creek (51
Oyster creek 66
Parsons' creek , . 66
Passaic river 80, 81
Penn's Neck creek bO
Rancocas creek 84
Raritan bay 85,86,93,94,95
Raritan river 86,87,88,89
Salem county 90
Sandy Hook bay 85, 86, 93, 94, 95
Shark river 91
Shrewsbury river 84, 85
South river 86
South Shrewsbury river 84, 85, 86, 95, 96
Union county . , 60
Upper township 71
Wheeler's creek 66
Woodruff creek 66
Wreck pond 82
INDEX.
213
THE DELAWARE RIVER.
PAGE. SEC.
iLnchored or fastened nets prohibited. .110, 111 2
116, 117 4
Arnold's Point 115-125 1
Carp 119, 120 3
12&-131 . .
Catesh 120 4
122 7
12(5-131 . .
Close season for fishing 107 4
119, 120 3
113. 114 1
114. 115 2
115, 116 1
118, 119 1
120 4
121 5
121 6
122 7
Constables appointed to enforce laws. . 104 8
, 105 9
Destruction of weir, etc 118 9
Eels 120 4
Eel pots 122 7
122 7
126-131 ..
Fish baskets, license 126^131 . .
Fish baskets with wing walls. ^ 126-131 . .
Fish baskets 122 7
Fisheries registered with county clerk,
100, 101, 102 4
Fishing at certain angles prohibited... 99 10
112, 113 1
214 INDEX.
PAGE. SEC.
I^'ishing in unregistered waters 102 5
Herring 119 2
Interference with constables and col-
lectors 105 10
106 14
118 9
Interference with navigation 98, 6
Islands and bars 112, 113 1
Pool or fishing place defined 97 3
Refusal of constables to act 105 9
Rights of owners of shores . . .' 109, 110 1
Rockfish 121 5
122 8
Shad ; 118, 119 1
Ship John light i 115 1
Ships' channel 125, 126 . .
Sturgeon 124, 125 1
Suckers 117 8
121 6
126-131 . .
Sunday fishing prohibited 106 . 1
119 1
119 2
120 3
120 4
121 5
121 6
124 2
Uniform laws — Delaware and New
Jersey 131-146 . .
Unlawful possession of shad 114 2
Use of more than one net prohibited . . . 108 1
Vessels anchoring on fishing grounds. . 99 11
Weirs, racks, baskets, etc., prohibited, 97 5
INDEX.
215
APPENDIX.
PAGE. SEC
Burning woods . . .* 150, 151
Bounty on foxes 151, 152, 153, 154
Trespassing on private lands 147
148
Trespass with guns 148, 149, 150
216 INDEX.
ENFORCEMENT OF THE LAWS.
COMMISSIONERS, WARDENS, ASSOCIATIONS, ETC.
PAGE. SEC.
Associations for the protection of fish
and game 163 1
Commissioners, duties and powers . . . 156 2
How appointed 155 1
160 . .
Make annual report 156 2
May call on sheriff, etc 159 5
To appoint deputy wardens 161 1, 2
To appoint wardens 157 3
To fix expenses of protector and
wardens 157, 158 3
162, 163 1, 2
Vacancies 155, 158 1
160 1
Deputy fish and game wardens, ap-
pointment 161 1
Deputy fish and game wardens, powers
and duties 161 2
Fish and game protector, appointment, 157 3
Compensation 157 3
Give bond * 157 3
Monthly report 158 4
Powers 157, 158 3
158, 159 4
Fish and game wardens, appointment, 157 3
Compensation 157 3
Give bond 153 3
Monthly report 158 4
Powers 158, 159 4
157, 158 3
INDEX. 217
PROCEDURE FOR ENFORCING THE LAWS.
PAGE. SEC.
Adjournment 170, 171 7
Appeal 171 9
Goqimitment to jail 168 3
Corporations, proceedings against 169 4
Costs 170 6
Evidence 172 12
Fees 170 6
Fines, disposal of 171 8
Forfeiture of apparatus 172, 173 13
Judgments against corporations 174 14
Search, right 176 1
Search, warrants 176 1
Summary investigations 168 3
Sundays, prosecutions on 174 15
Title of suits 174 16
Violations in view of officers 109, 170 5
Who authorized to try 167 2
INSTRUCTIONS TO WARDENS
AND DEPUTIES 179, 180, 181 . .
FORMS, A COMPLETED CASE.. . .183-192 . .
DECISIONS 193-205 . .
