Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-05-20

" '-''' - 'A'NiHf tsTR
Dear Sir.-In accordance with your re.
quest, We have carefully examined the law
upon the subject Of game and game fish as
applicable 10 the facts as admitted in the
case before you and we all CONCUR in the
opinion here given.
The 18th section Of the Act of Assembly
of May lst, 1879, provides that no person
shall at any time catch any speckled trout
with any device save only with hook and
line except for the purposes OF propagation
or scientific investigation, or place any set
lines in waters inhabaed by them under
penalty Of twenty-five dollars.
The 18th section Of the same act provides
that "Many Of the inland waters Of this
State inhabited by speckled trout or black
bass and in which the fishing with nets
and the like deyicas is not altogether pro-
hibited by this act or some other act in
force IN this Commonwealth 1t shall not
be lawful TO catch or kill fish by means Of
any net or device in the nature thereof the
meshes or open spaces in which shall be
less than three inches, under penalty of
twenty-five dollsrs; Provided that moth.
ing herein shall authorize the catching Of
speckled trout by means of any device save
only with hook and line, except for propo-
cation and to stock other waters"
The 23d section of the Act of Assembly
of May the 9Th, 1876, provides that in any
of the inland waters of this State inhabited
by speckled trout or black bass, IL shall
not be lawful TO catch or kill fish by means
Of any net or device in the nature thereof,
the meshes or open spaces in which shall
be less than three inches, under q penalty
oftwenty-hye of dollars Provided that moth
ing herein shall authorize the catching of
speckled trout by means of any device save
only by rod, hook and line, except for
propagation and 10 stock other waters.
1t will be noticed that this section IL a
re-enactment of the 2jth section of the act
of May lst, 1873, with the following
words left out, "and in which the fishing
with nets and the like devices is not al
together prohibited by this act or some
other in force In this Commonwealth"
The 24th section of the Act of Assembly
of June Sd, 1873, provides that, IL shall
be lawful TO fish with fyke or hoop nets in
ony Of the streams Of this C6mmpnDoalth
saHinhabitod By brook or speekicd trout, dstr-
ing the months of March, April, MAY,
October and November in each year
Provided that the mcshes Of said nets shall
not be les than one inch in size and that
talq nets flali noE pc placed 81 tho con-
Auence of any wing walls either newly
made or abandoned and provided further,
that 1t shall be the duty of any one taking
or capturing by means Of any fyke or hoop
net, as aforesaid, any salmon bass, trout,
spcckled trout, pike, pickerel or any
kind of flsh introduced into any waters Of
this Commonwealth by authority Of the
came, for tho purpose Of stocking said
waters, to return the same alive 10 the
waters whence taken. The violation If any
of the provisions Of this section shall sub.
Iect the offender TO . penalty Of twenty
Ave dollars for each and every offence.
The 4lst section OF the same act privides
that "all acts or parts Of acts which are
inconsistent with this acI be and the same |
are hereby repealed" /"
These are oil the laws or parts Of laws in |
forcc relating to The facts as admitted in !