Salmon trout. Black bass. Against fishing with net, spear, etc. Trespassing on lands. Recovery of penalties. shall be excepted from the provisions of the above section so far as to allow the taking or catching of trout in the counties last named during the month of March. §15. No person shall take or have in possession any salmon trout between the fifteenth day of October and the first day of February, in each year, under a penalty of five dollars for each fish so taken and had in possession. § 16. No person shall take or have in possession any black bass or muscalonge between the first day of January and the first day of May, under a penalty of five dollars for each fish so taken or had in possession. § 17. No person shall, at any time, take any fish with a net, spear or trap of any kind, or set any trap, net, weir or pot, with intent to catch fish, in any of the fresh waters of this state, except as hereinafter provided; and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall likewise be liable to a penalty of twentyfive dollars for each offense; but suckers, catfish, eels, white fish, shad and minnows are exempted from the operation of this section; provided, however, that nothing in this section shall be so construed as to legalize the use of gill nets in any of the fresh waters of this state. $ 18. No person shall sell, expose for sale, or purchase or have in his or her possession, any fish taken contrary to the provisions of this act, under a penalty of five dollars for each fish so sold, exposed for sale, purchased or had in possession, with intent to violate the provisions of this act. 19. Any person trespassing on any lands for the purpose of taking fish from any private pond, stream or spring, after public notice on the part of the owner or occupant thereof, or of said lands, not to so trespass, shall be deemed guilty of trespass, and, in addition to any damages recoverable by law, shall be liable to the owner, lessee or occupant, in a penalty of twenty-five dollars for each offense. $20. All penalties imposed under the provisions of this act may be recovered, with cost of suit, by any person or persons, in his or their own names, before any justice of the peace in the county where the offense was committed or where the defendant resides; or when such suit shall be brought in the city of New York, before any justice of any of the district courts or of the marine court of said city; or such penalties may be recovered in an action in the supreme court of this state, by any person or persons, in his or their own names; which action shall be governed by the same rules as other actions in said supreme court, except that on a recovery by the plaintiff or plaintiffs in such suit in said court, costs shall be allowed to such plaintiff or plaintiffs, without regard to the amount of such recovery; and any district court judge, justice of the peace, police or other magistrate, is authorized, upon receiving sufficient security for costs on the part of the complainant, and sufficient proof by affidavit of the violation of the provisions of this act, by any person being temporarily within his jurisdiction but not residing therein, or by any person whose name and residence are unknown, to issue his warrant and have such offender committed or held to bail to answer the charge against him; and any district court judge, justice of the peace, police or other magistrate may, upon proof of probable cause to believe in the concealment of any game or fish mentioned in this act, during any of the prohibited periods, issue his search warrant and cause search to be made in any house, market boat, car or other building, and for that end may cause any apartment, chest, box, locker or crate to be broken open and the contents examined. Any penalties, when collected, shall be paid by the court before which conviction shall be had, one-half to the overseers of the poor, for the use of the poor of the town in which conviction is had, and the remainder to the prosecutor. On the non-payment of the penalty, the defendant shall be committed to the common jail of the county for a period of not less than five days, and at the rate of one day for each dollar of the amount of the judgment, where the sum is over five dollars in amount. No action for a penalty under the provisions of this act shall be settled or compromised, except upon the payment into court of the full amount of such penalty, unless upon such terms and conditions as may be imposed by the district attorney of the county in which such action shall have been brought. tion from $21. Any person proving that the birds, fish, skins or Exemp animals found in his or her possession during the prohibited penalties, periods, were killed prior to such periods, or were killed in any place outside of the limits of this state, and that the law of such place did not prohibit such killing, shall be exempted from the penalties of this act. $22. In all prosecutions under this act, it shall be competent for common carriers or express companies to show that the inhibited article in his or her possession, came into such possession in another state, in which state the law did not prohibit such possession, and such showing shall be deemed a defense to such prosecution. Any court of special sessions in this state shall have jurisdiction to try and dispose of all and any of the offenses arising in the same county against the provisions of this act; and every justice of the peace shall have jurisdiction within his county of actions to recover any penalty hereby given or created. $23. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, except chapter one hundred and seventy-three of the laws of eighteen hundred and sixty-one, which is hereby continued in full force and effect. Ante, vol. 4, p. 107. 24. This act shall take effect immediately. Capital stock, etc. Debts, etc. Cost of road and equipnent. CHAP. 906. AN ACT to amend the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, in relation to reports of railroad corporations. PASSED May 14, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The requirements of section thirty-one of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, shall not apply to street or horse railroads, except as hereinafter provided. Ante, vol. 3, p. 629. * 82. Every railroad corporation in this state whose road is operated by horse power exclusively, or by steam dummy cars exclusively, or partly by horse power and partly steam dummy cars, and every such railroad corporation which shall be hereafter organized, shall make an annual report, to the state engineer and surveyor, of the operations of the year ending on the thirtieth day of September; which report_shall be verified by the oaths of the treasurer or president and act ing superintendent of operations, and be filed in the office of the state engineer and surveyor by the first of September in each year, and shall state: 1. The amount of capital stock. 2. The amount of stock subscribed. 3. The amount paid in as by last report. 4. The total amount now of capital stock paid in. 6. The total amount now of funded debt. 7. The floating debt as by last report. 8. The amount now of floating debt. 9. The total amount now of funded and floating debt. COST OF ROAD AND EQUIPMENT. 11. For road-bed and superstructure, including iron, by last report. 12. The total amount now expended for the same. 13. For land, building and fixtures, including land damages, by last report. 14. The total amount now expended for the same. 15. For dummy cars, horses, mules and harness, by last report. * So in original. 16. The total amount now expended for the same. 17. For cars and sleighs, by last report. 18. The total amount now expended for the same. 19. Total cost of road and equipment. CHARACTERISTICS OF ROAD. 20. Length of road, in miles. 21. Length of road laid. 22. Length of double track, including sidings. 23. Weight of rail, by yard. Length of road, etc. 24. The number of dummy cars, of cars, and of horses and Dummies, mules. 25. The total number of passengers carried in cars. 28. The average time consumed by passenger cars in passing over the road. etc. Fare. EXPENSES OF MAINTAINING THE ROAD AND REAL ESTATE. Repairs of road-bed, 29. Repairs of road-bed and railway, including iron, and taxes, etc. repairs of buildings and fixtures. 30. Taxes on real estate (to include all taxes except United States revenue). for 31. Total cost of maintaining road and real estate. EXPENSES OF OPERATING ROAD AND FOR REPAIRS. 32. General superintendence. 33. Officers, clerks, agents and office expenses. 34. Conductors, drivers and engineers on dummy cars. 37. Repairs of cars and sleighs. 38. Repairs of harness, including materials and labor. 39. Horseshoeing, including materials and labor. 40. Horses and mules. 41. Stable expenses. 42. Feed, grain, hay, etc., including expense of grinding. 43. Fuel, gas and lights. 44. Oil and waste. 45. Water tax. 46. Damages to persons and property, including medical attendance. 47. Law expenses. 48. Rents, including use of other roads, ferries, etc. 49. Insurance. 50. Advertising and printing. 51. United States tax on earnings. 52. Contingencies. 53. Total expense of operating road and repairs. 54. Receipts from passengers. 55. Receipts from freight. Officers. Repairs and sundry expenses. Injuries etc. 56. Receipts from all other sources, specifying what, in detail. 57. Total receipts from all sources during the year. 58. Payments for transportation, maintenance and repairs. 59. Payments for interest. 60. Payments for dividends on stock, amount and rate per cent. 61. All other payments, specifying what, in detail. 62. Total payments during the year. 63. The number of persons injured in life and limb; the to persons, cause of the injury, and whether passengers, employees, or other persons. Also whether such accidents have arisen from carelessness or negligence of any person in the employment of such corporation, and whether such person is retained in the service of the corporation. Penalty for not making report. §3. Section thirty-two of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows: 32. Any railroad corporation which shall neglect to make the report, as is provide* in the preceding section, shall be liable to a penalty of two hundred and fifty dollars, and an additional penalty of twenty-five dollars for each day after the first day of December, on which they shall neglect to file said report, as provided in said section, to be sued for in the name of the people of the state of New York, for their use. § 4. The provisions of section thirty-two of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, as herein amended, shall apply to all railroad corporations referred to in section two of this act. Ante, vol. 3, p. 633. § 5. This act shall take effect immediately. CHAP. 911. AN ACT to amend an act entitled "An act to amend the several acts relating to the powers and duties of Commissioners of Emigration, and for the regulation of the Marine Hospital," passed April thirteenth, eighteen hundred and fifty three. PASSED May 14, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. For two years from and after the first day of July, eighteen hundred and sixty-seven, the amount for * So in original. |