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CHAPTER 346

ACT to amend the conservation law, in relation to breeding and possessing

ferrets.

amended.

came a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly,

enact as follows:

Section 1. Subdivision five of section one hundred and ninety- L. 1911, *** of chapter six hundred and forty-seven of the laws of nine-ch,647,

$ 196, en hundred and eleven, entitled “An act relating to conserva- subd. 5 on of land, forests, waters, parks, hydraulic power, fish and game, instituting chapter sixty-five of the consolidated laws," as added y chapter one hundred and twenty of the laws of nineteen hundred ad twenty-four, is hereby amended to read as follows:1

5. Ferret licenses. No person shall possess, sell or breed ferrets scept as permitted by this article. The commission may issue a

cense, revocable at its pleasure, to a person to sell or breed errets, upon the payment of a fee of ten dollars. The commission iay also issue a license, revocable at its pleasure, to a person, ther than a dealer or breeder, to own and possess ferrets, upon he payment of a fee of two dollars. Licenses when issued shall xpire on the thirty-first day of December of the year of issue. Ivery sale of a ferret shall be reported to the commission within - en days after such sale. No person shall sell or otherwise disose nama ferret to another, unless the person purchasing or re

eivill the ferret is in possession of a license provided for in this - subdivision.

§ 2. This act shall take effect immediately.

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AN ACT to amend the conservation law, in relation to construction. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section three hundred and eighty-two of chapter six L. 1911, hundred and forty-seven of the laws of nineteen hundred and

ch. 647,

$ 382 eleven, entitled "An act relating to conservation of land, forests, amended. waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter five hundred and twenty-one of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

1 Subd. 5 materially amended. 1 Previously amended by L. 1913, ch. 508.

§ 382. Construction. This article is intended to be a restatement of existing law with such changes as clearly appear. The term of office of the present employees of the commission in the division of fish and game shall not be affected, except as hereint specifically provided. Nothing in this article shall be construed as amending or repealing any provisions of the code of criminal procedure nor of the penal law. Any of the provisions of this article inconsistent with the provisions of the code of criminal procedure or of the penal law or of the county law shall be held; to be effective for the purposes of this article only. Boards of supervisors shall not exercise the powers vested in them by subdivi? sion eight of section twelve of the county law except where it is en a pressly provided in this article such powers may be exercised.

§ 2. This act shall take effect immediately.

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L. 1911, cb. 647, $ 222 amended.

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CHAPTER 348
AN ACT to amend the conservation law, in relation to the taking of birds and

quadrupeds on certain public lands.
Became a law April 2, 1925, with the approval of the Governor. Passed. h

three-fifths being present. The People of the State of New York, represented in Senate and Assembly. 1 do enact as follows:

b Section 1. Section two hundred and twenty-two of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests waters, parks, hydraulic power, fish and game, constituting chap ter sixty-five of the consolidated laws,” as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter four hundred and five of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

§ 222. Birds and quadrupedst shall not be taken on certain public lands. Birds and quadrupeds shall not be taken on or from the lands purchased or condemned by any municipality within

B the state for the purpose of supplying any municipality with water and protecting the same from pollution and contamination, or on or from any public highway, except public highways other

do than state or county highways within the forest preserve counties. § 2. This act shall take effect immediately.

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id 2 Words or of the county law8 Remainder of section new. 1 Word

and quadrupeds " substituted for word “Game.” 3 Words or from " new.

new.

34

CHAPTER 349
IN ACT to amend the conservation law, in relation to the issuing of search

warrants.
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, lo enact as follows:

Section 1. Section thirty-four of chapter six hundred and forty- L. 1911, Cazjeven of the laws of nineteen hundred and eleven, entitled “An ch.647, tract relating to conservation of land, forests, waters, parks, amended. Saydraulic power, fish and game, constituting chapter sixty-five of

che consolidated laws," as added by chapter three hundred and ighteen' of the laws of nineteen hundred and twelve and last imended by chapter three hundred and eighty-one of the laws of aineteen hundred and twenty-two, is hereby amended to read as follows:

§ 34. Search warrants; when issued. Any justice of the peace, police justice, county judge, judge of a city court or magistrate

having criminal jurisdiction shall, if it appear probably that fish, mirds, or quadrupeds taken or possessed contrary to the pro

visions of article five of this chapter are concealed, or that a in rifle or shotgun owned or possessed by an unnaturalized foreign

born person in violation of any provision of this chapter is concealed, issue a search warrant for the discovery thereof, in accordance with the practice provided in title two of part six of the code of criminal procedure, so far as the same are applicable thereto.

§ 2. This act shall take effect immediately.

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CHAPTER 350

AN ACT to amend the conservation law, in relation to the taking of shellfish

from the waters of the marine district. Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section three hundred of chapter six hundred and L. 1911, forty-seven of the laws of nineteen hundred and eleven, entitled ch.647, "An act relating to conservation of land, forests, waters, parks, amended. hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter one hundred and forty-three of the laws of

$ 300

1 Should read: “chapter four hundred and forty-four.” 2 Word “ quadrupeds " substituted for word "game.”

$ 301 repealed.

$ 302 repealed;

added.

3

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nineteen hundred and eighteen, is hereby amended to read as follows:

$ 300. Marine district described. The marine district shall irclude all tidal waters within three nautical miles of the state coast, except the Hudson river and the East river.

§ 2. Section three hundred and one of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven of such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, is hereby repealed.

§ 3. Section three hundred and two of chapter six hundrei new $ 302 and forty-seven of the laws of nineteen hundred and eleven of

such chapter as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, is hereby repealed, and such chapter is hereby amended by adding thereto a new section three hundred and two, to read as follows:

§ 302. Bureau of marine fisheries. There shall continue to be a bureau of marine fisheries under the supervision and control of the commission. The commission may appoint for the bureau of marine fisheries a supervisor of marine fisheries, who shall be a resident of Long Island and shall administer the affairs of such bureau relating to shellfish and shell fisheries. The commission may appoint for the bureau of marine fisheries a deputy supervisor of marine fisheries, two shellfish inspectors, who shall have all the powers of game protectors, a cashier who shall also perform the duties of bookkeeper who shall have a salary of twenty-four hundred dollars4 a year, a surveyor who shall have a salary of twentyone hundred dollars4 a year and the expenses necessarily incurred by him in the discharge of his official duties not to exceed seven hundred dollars a year, one confidential secretary who shall have a salary of twenty-seven hundred and fifty dollars5 a year, a bacteriologiste and such clerical assistants as are actually needed for which appropriation shall have been made by the legislature. The supervisor, the deputy supervisor and the cashier shall take and subscribe the constitutional oath of office, and shall each execute and file a bond to the people of the state in the sum of five thousand dollars with sureties approved by the commission, conditioned for the faithful performance of their duties and to account for and pay over pursuant to law, all moneys received by them or either of them in their office. During the absence or inability to act of the supervisor, the deputy supervisor, if any be appointed, shall have and exercise all the power of the supervisor. All the officers and employees of the bureau of marine fisheries shall hold office during the pleasure of the commission.

1 Section formerly read: “ The marine district shall include all waters in and adjacent to Long Island and all tidal waters of the state, except the Hudson river."

2 Words " be a resident of Long Island and shall,” new.

3 Words "two shellfish inspectors, who shall have all the powers of game protectors," new.

4 Formerly “two thousand dollars."
5 Formerly "eighteen hundred dollars.”

6 Words a bacteriologist” substituted for words one or more bacteri. ologists."

1 Words " if any be appointed,” new.

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§ 4. Section three hundred and three of such chapter as added : 303 by chapter three hundred and eighteen of the laws of nineteen amended. hundred and twelve, is hereby amended to read as follows:

§ 303. Reports relating to shellfish. The supervisor shall, on or before the fifth day of each month, make a report to the commission: of his proceedings for the preceding calendar month. He shall include in such report a detailed statement of his receipts from all sources, together with a statement of all land under water disposed of for shellfish cultivation and all such lands surrendered to the state, together with such other facts relating to the matters within his jurisdiction as he may deem necessary. He shall also in like manner make annual report to

the commission of the matters for the

year ending with the first day of January preceding. In making the annual reports provided for in section twelve of the conservation law, the commission10 shall include in such reports in addition to the matters required in said section a statement of all land under water disposed of for shellfish cultivation and all such lands surrendered to the state.

§ 5. Subdivision two of section three hundred and eight of such s 308, chapter as added by chapter three hundred and eighteen of the subd. 2 laws of nineteen hundred and twelve, 11 is hereby amended to read as follows:

2. Notice of grievance. The commission shall thereupon serve notice on all persons whose lands are so ass

ssessed, and on which a tax is levied hereunder, which notice shall be in writing and may be served personally or by mailing the same to the last known postoffice address of such person, stating that such tax roll has been completed and is on file in the office of the supervisor, the number of acres so assessed and the amount of the tax thereon, the penal. ties incurred, if any, and that on a day therein stated, which shall be not less than five days from the date of such notice, the supervisor12 will hear the complaint of all persons declaring themselves aggrieved thereby, and on such hearing sections thirtysix and thirty-seven of the tax law shall apply so far as the same are applicable and such assessment may be rfviewed* by certiorari in the manner provided in the tax law for the review of erroneous or illegal assessments.

§ 6. Subdivision one of section three hundred and ten of such $ 310, chapter as added by chapter three hundred and eighteen of the subet2 laws of nineteen hundred and twelve, and last amended by chapter seven hundred and ninety-six of the laws of nineteen hundred and thirteen, 13 is hereby amended to read as follows:

* So in original. [Word misspelled.]

8 Word " commission " substituted for words “ the deputy in charge of the division of fish and game.”

9 Word “commission” substituted for words “ deputy commissioner.”

10 Words “and deputy commissioner in charge of the division of fish and game,” omitted.

11 And amended by L. 1913, ch. 508.

1 amended

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12 Words or the deputy in charge of the division of fish and game," omitted.

13 Previously amended by L. 1913, ch. 508.

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