The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1873-05-22
THE FISH BILL.
AN ACT


protection and propagation of fish, and
appropriating money for the same.
SECTION l. Be 1t enacted, de-, That
hereafter no person shall have in his or
her possession, or expose to sale, any shad
caught in the River Delaware, or any Of
its tributaries, within the jurisdiction Of
this State, below the head of Trenton falls,
between the eleventh day of June and
tenth day of August in any year, or above
the head Of Trenton falls, or anywhere on
the River Susquehanna, or on any of its
tributaries, within said jurisdiction, be
tween the sixteenth day of June and the
tenth day Of August in any year, under
penalty of s. for each and every shad SO
had in possession or exposed for sale, to
be recovered in any action or actions Of
debt, with costs of suit, By any person or
persons in his or their name or names, be.
fore any justice of the peace in the coun
! ty where the offence was committed, or
where the defendant resides or is found !:
Pro0ided, That nothing in this act con-
tanned shall make it unlawful for the
] Fishery Commissioners Of this State, or of
the co riparion States, or of the United
States Com n issioner Of Fisheries, with
the consent of the Fishery Commissioners
of this State, or of the co riparion States,
to take fish in the said waters for the
purpose of natural or artificial spawning
or propagation of the same.
SEC. 2 1t shall not be lawful to catch
fish in any way whatever in any waters
in which migratory frh will live, and over
which this State has either original or
treaty, statuary or constructive jurisdic-
tiou reciprocally, interchangeably or 9TH
erwise, at any time beteen twelve o'clock,
midnight, on Saturday. and the next en-
suing Sunday, at twelve o'clock /; the said
offence to be deemed a misdemeanor and
on conviction. the person or persons so
offending, shall be guilty of misdemean-
or, and on conviction, be sentenced to pay
a fine not exceeding Sl00, at the discre
tioD of the court and sheriffs and consta
bles or harbor police officers. and their
deputies, are hereby authorized and re
quired to suppress all such fishing, using
such means and force as may be necessary
to arrest such persons found in sight Of
such officer or his deputy, in the commits
sion of the offence, and seize such boats
and their apparel, tackle, implements,
nets, &C., as may be used or employed in
the same the said persons TO be tried and
punished as aforesaid, and the property
taken to be sold at public sale by the said
sherifs and constables on due public no
tice given, the proceeds to be turned over
to the treasuries.oi the proper counties or
cities bordering upon or embracing the
stream or streams Whereon- the offence
shall have been committed !: Provided,
That fisherman and those only necessarily
using such seines in their regular estab-
lished business, as on account of the
large size of said seines, and for that
cause alone, cannot be set or laid out,
except at the slack or turn of the tide,
may set their nets or seines at only
one such turn Of the tide occurring by
regular tidal changes between any mid
night, during the fishing season, on Sat
urday night and on sunrise on the follow
ing Monday morning, without incurring
the penalties provided in this section j:
! ProUided, None of the provisions of this
section shall apply to any one fishing with
hook aud line,
SEC 3. Trespassing upon fish preserves
or ponds, shall be punishable as other un
lawful trcspass for breach of close, but
no action shall be sustained therefor,
unless public notice Of the character Of
said preserves, by hand posts, be set near
the said waters by the owners or occu
pants thereof; and if roadway, path
way, railway or other form of crossing,
| l. hal cod
as fish preserves by any person or persons
engaged in the culture, propagation or
preservation of fish, it shall not be lawful
for any person to fish in the said. waters
from the said crossing or from any of its
parts or procedures, aud any person or
persons so oheading, shall be liable in an
action Of trespass before the tribunal
having jurisdiction thereof: Iro0idcd,
That notice shall be fixed at such cross
ing by the owner or occupant OF the close
or preserve. warning the public that the
said waters are used as preserves, for the
culture, propagation or preservation oil
fish and the owners or occupants oi such
enclosures, having given written notice to
their neghbors or adjoining occupants OF
the character Of said preserves or encIo
sures, aud warned them not to permit do
mestic water fowls to trespass upon the
same, which warning being unhceded for
period o! ten days, the said owners or
occupants may take possession OF or
otherwise destroy said water fowl or water
fowls, without any liability for taxing OF
destroying the same.
SEC. 4. That it shall not be lawful to
fish with nets, or any other method OF en-
trapping fish, except with hook aud line
within half mile of any part OF any
dam or its schultz, in which there rs, OF
may hereafter be, any sohute or fish lad
J der for navigation, or for the purpose ol
t the passage Of fish up or down any stream
: in this Commonwealth and any person
: or persons SO Offending shall be deemed
guilty of misdcmeanog, aud on conyic