P. L. 149. for celebrating purposes, and employing gunpowder, gun-cotton, fulminating pow- 20 June 1881 § 1. der or other explosive material in their construction, manufacture or use, within the corporate limits of the city of Philadelphia. 6. Any person or persons, firm or corporation, who shall vend, sell or expose for sale, or construct any of the said articles, in violation of any of the provisions of section one of this ordinance, shall be subject to a penalty of one hundred dollars for each and every offence; and any person or persons who shall use any of the said articles, in violation of said section one, shall be subject to a penalty of ten dollars for each and every offence, said sums to be recovered as debts of like amount are now by law recoverable. Ibid. § 2. Penalty. 11 June 1885. P. L. 111. 7. Any person or persons who shall knowingly and wilfully make, manufacture and sell, or cause to be made, manufactured or sold, any toy cannon, gun, pistol, revolver or other such deadly weapon, or who shall knowingly or wilfully expose Misdemeanor, to to sale any such weapon made elsewhere and brought within the state, shall be manufacture and guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine, not exceeding five hundred dollars, or suffer imprisonment, for a term not exceeding one year, or both, or either, at the discretion of the court: Provided, This act shall not interfere with the manufacture and sale of legitimate fire-arms. sell. 1 Sm. 229. in the streets of a Ibid. § 9. Appropriation of 1. No person whatsoever shall presume to shoot at, or kill with a fire-arm, any 9 April 1760 § 7. pigeon, dove, partridge or other fowl, in the open streets of the city of Philadelphia, or in the gardens, orchards and enclosures adjoining upon, and belonging to any Penalty for shootof the dwelling-houses within the limits of the said city or suburbs thereof, or any ing at pigeons, &c., of the boroughs or towns within this province upon the forfeiture of forty shillings town. for every such offence, to be convicted in manner aforesaid.(p) 2. All which penalties and forfeitures, not hereinbefore appropriated, shall be paid, one moiety thereof to the informer, and the other to the overseers of the poor of the township where such offence is committed, for the use of the poor of fines. the said township; but if convicted upon view of a justice of the peace, the whole forfeiture shall be paid to the overseers of the poor of the said township, for the use of the poor of said township; and if the offender refuses to pay, the same shall be levied by distress and sale of the offender's goods, by warrant under the hand and seal of the justice before whom such offender shall be convicted, returning the overplus, if any, to the owner, the charge of distraining being first deducted; and for want of such distress, he shall be committed to prison, for the space of twenty days, without bail or mainprise. 3. If any person or persons shall on any 31st day of December, or 1st or 2d day 24 Dec. 1774 § 1. of January, in every year, wantonly, and without reasonable occasion, discharge 1 Sm. 421. and fire off any hand-gun, pistol or other fire-arms, or shall cast, throw or fire any Penalty for firing squibs, rockets or other fireworks, within the inhabited parts of this province, to off guns, &c., on the disturbance of any of his majesty's subjects there inhabiting and being, every year, &c. the last day of the such person so offending, and being thereof convicted before any one justice of the peace of the county, or mayor or other head officer, or justice of the peace of any city or town corporate, where such offence shall be committed, either by confession of the party so offending, or the oath or affirmation of one or more credible witness (which oath or affirination the said justice or other officer aforesaid, is hereby empowered and required to administer), shall, for every such offence, forfeit, for the use of the poor of the township or district, where such offender lives, the sum of ten shillings, to be levied by distress and sale of the offender's goods and chattels, by warrant, under the hand and seal of the justice or other officer, before whom such offenders shall be convicted, returning the overplus, if any, to the owner, the reasonable charge of distraining being first deducted; and for want of such distress, such offender shall be committed to prison for the space of five days, · without bail or mainprise. Ibid. § 2. 4. If any person or persons shall willingly permit or suffer, within the time aforesaid, any person or persons to discharge or fire off at his or her house, any Or permitting it to hand-gun, pistol or other fire-arms, or to cast, throw or fire any squibs, rockets or be done. (p) This act is not obsolete. Commonwealth v. Borden, 61 P. S. 272. The 6th section provides that the conviction shall be either upon view of any justice of the peace, or by the oath or affirmation of any one or more witnesses, before any justice of the peace. See Commonwealth v. Cromley, 1 Ash. 182. See the Act 9 Feb. 1851, 1 Sm. 208. 1 Sm. 421. 24 Dec. 1774 § 2. other fireworks as aforesaid, every person so as aforesaid offending, and being thereof convicted in manner aforesaid, shall, for every such offence, forfeit and pay, for the use aforesaid, the sum of twenty shillings, to be recovered in manner aforesaid. Ibid. § 3. Constables to present offenders. Parties may appeal. Ibid. § 5. Limitation. 5. The constable of each respective city, borough, township or place in every county of this province, having any knowledge of any offences against this act, shall, and he is hereby required, under the penalty of twenty shillings, to present on oath or affirmation, every such offence to one of the next justices of the peace of their respective counties, or before the justices of the general quarter sessions of the peace for the same county, together with the name or names of all such offenders, that they may be tried agreeably to the directions of this act. 6. Provided, That if any person shall conceive him or herself aggrieved by the judgment of any such justice, he or she may appeal to the next county court of quarter sessions of the said county, who shall, on the petition of the party, take such order therein, as to them shall appear just and reasonable, and the same shall be conclusive to all parties. 7. Provided always, That no person or persons shall be prosecuted or troubled for an offence against this act, unless the same be prosecuted within four months after the offence committed. FIRING WOODS. See CRIMES; FOREST CULTURE; TIMBER. 1. Persons setting fire to woods to be responsible 3. Penalty for firing wild lands, in certain counties. for damages. 4. Duties of county commissioners. 2. How damages not above $50 to be recoverable. 18 April 1794 § 2. 1. Whereas it has been represented that numbers of persons are in the custom 3 Sm. 139. of setting fire to the woods for different purposes, thereby producing an extensive Persons setting fire conflagration, injurious to the soil, destructive to the timber, and the infant imto woods to be re-provements within the state: Therefore, where any person or persons so offending as thereby to occasion any loss, damage or injury to any other person or persons, every such person or persons so offending, shall be and hereby are declared liable to make satisfaction for the same, in any action or actions on the case, to be brought by the party or parties grieved, in the court of common pleas of the county in which the offence was committed. sponsible for damages. Ibid. § 3. How damages not coverable. 2. Where any party is injured, and shall not demand above fifty dollars for his loss or damage, it shall and may be lawful to and for such person or persons to above $50 to be re- apply to any justice of the peace of the county where the offence is committed who is hereby empowered and required, by warrant under his hand and seal, to cause the party offending to be brought before him or some other justice of the peace of the same county; and if, upon examination, it shall appear to the justice, by the testimony of one or more credible witness or witnesses, that the defendant is guilty of the charge exhibited against him, then the said justice shall issue his warrant to two or more freeholders of the neighborhood, thereby commanding them, in the presence of the defendant, if he will be present, to view the place or thing damaged, or inquire into the loss sustained by the plaintiff, and to certify to the said justice, upon their oath or affirmation, what damage, in their judgment, the plaintiff hath sustained by occasion of the premises; and upon the return of such certificate to the said justice, he is hereby empowered to grant execution for the recovery of the said damages, together with the costs of prosecution, as is usual in the recovery of debts under ten pounds: Provided, That if any person or persons shall apprehend him, her or themselves aggrieved by the determination of any justice of 9 April 1869 § 1. P. L. 786. Penalty for firing the peace, in consequence of this act, he, she or they shall have a right to appeal from the judgment of the said justice to the next court of common pleas of the proper county. 3. Any person or persons who shall intentionally set fire to said lands (9) shall forfeit and pay a sum not exceeding five hundred dollars nor less than fifty dollars, or shall be confined in the county prison for a term not exceeding one year nor less wild lands, in cer- than thirty days, or both, at the discretion of the court, on conviction in any of the courts of this commonwealth; one-half of said fine to be paid to the person or persons who make the information, and the other half to be paid into the county treasury. tain counties. 2 June 1870 § 1. P. L. 1316. Duties of county commissioners. 4. It shall be the duty of the commissioners of the several counties of this commonwealth to appoint persons, under oath, whose duty it shall be to ferret out and bring to punishment all persons who either wilfully or otherwise cause the burning of timber-lands, and to take measures to have such fires extinguished where it can be done; the expenses thereof to be paid out of the county treasury, the unseated land tax to be the first applied to such expenses. (g) That is, mountain and other wild lands in Union county; by act 2 June 1870, § 2, P. L. 1347, this provision is extended to the counties of Schuyl kill. Lehigh, Berks, Lycoming, Centre, Snyder, Luzerne and Union. IV. FISHING IN PENNSYLVANIA STREAMS. 15. Fishing with nets prohibited, except for shad, herring or sturgeon. Size of meshes. When shad and herring not to be caught. Meshes for shad below Trenton Falls. When fishing for shad above Trenton Falls prohibited. Time below the Falls. Suckers and catfish. 16. Use of certain nets prohibited. Violation. 17. Fish baskets prohibited. Wing-walls prohibited. Penalty. Exception as to gill-nets below Trenton. 18. Bass and wall-eyed pike.. Length. 19. When not to be caught. Only with hook and line. 20. Catching fish for bait and stocking allowed. 21. Duties of fish-wardens and other officers. Interference with officers. 22. May make arrest. Hearing. Appeal. 23. Application of fines. 24. Repealing clause. 36. Lake trout only to be killed in October, November and December. 37. Speckled trout only to be caught between April 15 and July 15. 38. Trout not to be caught of less than five inches in length. X. FISHING IN THE DELAWARE RIVER. 39. New York and Pennsylvania. 40. Net fishing prohibited in the Delaware river. Except for shad. Size of mesh above Trenton Falls. When prohibited above the Falls. 41. Use of certain nets prohibited. 42. Fishing with nets on Sunday prohibited. 43. Fish-baskets prohibited. Wing-walls. 44. Bass and wall-eyed pike not to be killed within two years. 45. When not to be caught. Only with hook and line. 46. Length of black bass. 47. Catching for bait and stocking allowed. 48. Duties of fish-wardens. 49. Officers may make arrests. Hearing. Appeal. 50. Application of fines. 51. Repealing clause. 52. New Jersey and Pennsylvania. 53. Fishing with nets above Trenton Falls prohibited. Except for shad and herring. Size of meshes. When fishing for shad prohibited. 54. Use of certain nets prohibited. 55. Fishing with nets on Sunday prohibited. 57. Bass and wall-eyed pike not to be killed within two years. 58. When not to be caught. Always with hook and. line. I. Fish commissioners. P. L. 887. 1. The governor of the commonwealth is hereby authorized and required to 28 April 1873 § 5. appoint three competent persons, who shall be known as the state fishery commissioners; who shall be commissioned and hold their positions for the period of Commissioners to three years from the date of their appointment, unless the said commission is be appointed. sooner dissolved by legislative enactment; and any vacancies occurring in said commission, by death, resignation or otherwise, shall, for the unexpired term, in P. L. 887. Their duties. 28 April 1873 § 5. like manner be filed, by the appointment and commission of the governor. The general duties of the said commissioners, in addition to their other duties specified in this act, shall be to forward the restoration of the inland fisheries of the rivers and waters of this commonwealth, and to stock the same with fish, in succession, at their judgment, as they shall be supplied with means therefor; and they shall use every lawful means to have all the laws in the case or cases made and provided, to be faithfully executed; who shall be paid their reasonable and necessary expenses for the performance of the duties prescribed by this act, and shall report their proceedings and doings annually to the legislature, through the governor of the commonwealth, accompanied by a full and itemized statement, under oath, of all expenditures made by them in pursuance of the provisions of this act: Provided, That before the governor shall issue a commission to any of the said commissioners, he may require each of them to file a bond in the sum of ten thousand dollars, with one or more sufficient sureties, in the auditor-general's office, to be approved of by the said auditor-general, conditioned for the performance of the duty of said commissioners with fidelity, and the faithful application of any moneys which may come to his hands as such commissioner. Bonds. 15 April 1891 § 1. P. L. 10. to be appointed. 2. The governor of the commonwealth is hereby authorized and required, upon the expiration of the terms of office of the person and persons who may Six commissioners hold and exercise the office of fish commissioner of this state, to appoint, subject to the approval by the senate, six competent citizens of this state to be and act as a board of fishery commissioners, no two of whom shall be from the same senatorial district, and shall, upon such appointment, designate which two of said persons shall receive and hold office during the term of one year; which two of said persons shall receive and hold office during the term of two years, and which two of said persons shall receive and hold office during the term of three years. Terms of office. Ibid. § 2. Vacancies. Ibid. § 8. Successors. Ibid. § 4. Liability of commissioners. Ibid. § 5. Present commissioners. Ibid. § 6. Their suceessors. Ibid. § 7. Repealing clause. appointed. 3. Upon the death, resignation or removal from office of any person so appointed as aforesaid, the governor shall appoint a competent person to serve for the unexpired term of the person so dying, resigning or removed, subject to the approval by the senate at its next meeting, if such meeting shall be before the expiration of the term of office of such appointee. 4. Upon the expiration of the term of office of any person so appointed and designated under the provisions of this act, their successors shall be appointed in manner aforesaid, for the term of three years, so that there shall be not more than two vacancies at any one time in such commission, and the terms of two commissioners shall expire thereafter each year. 5. Any person or persons appointed commissioners by virtue of this act, shall be subject to, and liable for, all the duties, provisions and obligations given and imposed by any law of this commonwealth now in force, or hereafter enacted, and referring to the duties and obligations of the commissioners of fisheries of this commonwealth. 6. Nothing herein contained shall interfere or alter the terms of office of the commissioners now acting, and they shall continue in office until the expiration of the term of which they were appointed. 7. In the event of the death, resignation or removal from office of any person or persons now occupying the office of fish commissioner of this commonwealth, the appointment or appointments by the governor to supply such vacancy or vacancies in the board of fishery commissioners shall be under the provisions of this act. 8. All acts or parts of acts inconsistent herewith are hereby repealed. II. Fish-wardens. 28 April 1873 § 7. 9. The board of fishery commissioners may, if they consider it necessary, P. L. 887. appoint not exceeding two fish-wardens or water-bailiffs, to be placed in charge of Fish-wardens to be each of the reaches or stretches of the river immediately below or above the dams mentioned, and at least three fish-wardens or water-bailiffs on the river Delaware, at such point or points as they may deem proper, whose duty it shall be to be vigilant, and who, if it be necessary, are hereby empowered to call to his or their aid any sheriffs, constables, harbor police-officers or their deputies, and upon information made by him or them, or upon view of any offence against or infraction of any of the fishery laws, to arrest and bring to punishment all and any offenders against the same; the pay of each of which officers shall not exceed one hundred dollars in Their powers and duties. 14 May 1874 § 1. P. L. 142. any one year. 10. The board of fishery commissioners may, if they consider it necessary, appoint one fish-warden or water-bailiff for each county bordering upon the river Fish-wardens for Delaware, at a salary not to exceed one hundred dollars per annum, whose duties shall be the ordinary duties of fish-wardens and water-bailiffs, as heretofore prescribed by law. the Delaware. Ibid. § 2. Salaries. 11. The annual pay of the fish-warden or water-bailiff, placed in charge of the reaches or stretches in the neighborhood of the Columbia dam, shall not exceed the sum of three hundred dollars; and the annual pay of the fish-warden or water bailiff placed in charge of the river from the Columbia dam to the Maryland line, 14 May 1874 § 2. shall not exceed the sum of two hundred dollars. P. L. 142. Additional fish 12. The board of fishery commissioners shall have power to appoint such additional fish-wardens or water-bailiffs as have not been authorized by previous laws, at or along such inland waters as they may deem necessary, at a salary not to ex- wardens. ceed fifty dollars per annum. P. L. 164. 13. The board of fish commissioners shall, upon the application to them in writ- 3 June 1878 § 27. ing of ten or more citizens of any county in this commonwealth, appoint one or more fish-wardens or water-bailiffs, whose duty it shall be to enforce, by informa- Appointment of tion or prosecution, the laws of this commonwealth, now in force or that may here- fish-wardens on after be passed, providing for the propagation and protection of fish in any of the request. interior waters of the commonwealth: Provided, That the commonwealth shall not be liable to pay to any of the persons so appointed any salary or compensation for their services. III. Hatching houses. 14. It shall further be the duty of the said fishery commissioners to select proper 28 April 1878 § 10. and suitable locations, and construct and erect suitable houses and devices for the P. L. 890. purpose of hatching and propagating useful tribes of food-fishes, and to stock and To erect hatching supply all the streams, lakes and fresh waters of the commonwealth with the same, houses, distribute by distributing the impregnated spawn or fry of the said tribes of fishes to all spawn, &c. parts of the state, under proper regulation, having in view the encouragement of fish culture, and to employ the necessary labor and buy the necessary material, machinery and implements therefor; and for that purpose, and to pay the necessary expenses of the said fishery commissioners, and of the bailiffs they may employ in pursuance of section seven of this act, the further sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be paid by the state treasurer on the warrant or warrants of the said commissioners or a majority of them, from time to time, as the work is done or the service rendered: Provided, Accounts. That the said commissioners shall file annually with the auditor-general, an account of all moneys expended and services rendered, and whenever it may be practicable produce and file with said account the proper vouchers for the same. IV. Fishing in Pennsylvania streams. P. L. 267. streams. of seines or nets. June 20 to Decem 15. Hereafter no person or persons shall cast, draw, fasten or otherwise make 22 May 1889 § 1. use of any seine, drift-net, fyke-net, or net or nets of any other description, or use any other appliance for the catching of fish, except rod, hook and line, in Fishing with nets any rivers, streams or waters of this commonwealth: Provided, That this section prohibited in shall not extend to shad, herring and sturgeon fishing: Provided also, That the Pennsylvania meshes of seines or nets used for catching shad shall not be less than four inches Except for shad, in width, or two inches from knot to knot, and the meshes of seines and nets herring and used for catching herring shall not be less than two and one-fourth inches in sturgeon. width, or one and one-eighth inches from knot to knot: Provided also, That it Size of meshes shall not be lawful to fish for shad or herring with nets, either shore, drift, gilling Shad and herring or dip-nets, or with any appliance whatever from June twentieth to December not to be caught thirty-first of any year, in any of the rivers, streams or waters of this common- with nets from wealth: Provided also, That the meshes of nets used for catching shad and ber 31. herring shall not be less than two and a quarter inches in width, or one and one- size of meshes for eighth inches from knot to knot, in the river Delaware below Trenton Falls: catching shad beProvided also, That it shall not be lawful to fish for shad or herring with nets, Shad and herring either shore, drift, gilling or dip-nets, or with any appliance whatever from June fishing with nets fifteenth to December thirty-first of any year, in the Delaware river above above Trenton Trenton Falls. It shall be lawful to fish below Trenton Falls with nets having June 15 and Dea mesh of not less than ten inches between the fifteenth day of June and the cember 31 protenth day of July of any year: Provided, That the provisions of this act shall hibited. not apply in the open season to the catching of suckers, eels and catfish, in Time of fishing streams other than trout streams, partly or wholly included in the survey of farm Falls. land's owned by any citizen of this commonwealth, but nothing contained herein Suckers and catshall permit fishing by seines at any time. Any person or persons violating any fish. of the provisions of this section shall forfeit or pay the sum of one hundred Penalty. dollars with all costs of suit, together with the forfeiture of boats, nets and all appliances. low Trenton Falls. Falls between below Trenton Ibid. § 2. 16. Hereafter no person or persons shall cast, set, draw, fasten or otherwise make use of any fyke-net, or nets of any kind, device made from cotton or flax- Use of certain twine, or wire-netting, similar to a fyke-net, for the purpose of catching fish in nets prohibited. any of the rivers, waters or streams of this commonwealth at any time in any year. Every person so offending shall be guilty of a misdemeanor, and on convic- Violation a mistion therefor shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for a term not exceeding six months, or both, at the discretion of the court before which such offender or offenders shall be convicted. 17. It shall be unlawful for any person or persons to place, build, erect, fasten demeanor. Penalty. Ibid. § 3. |