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CHAPTER VIII.

FISHING AND HUNTING.

SECTION 771. Poisoning fish.

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772. Preservation of trout.

773. Preservation of deer.

774. Penalty.

Local provisions respecting fisheries in various. places are contained in special statutes.

§ 771. No person shall put into any of the waters of this state, for the purpose of taking or destroying any fish, any of the berry commonly called cocculus indicus, or any other poisonous substance, whether it be mixed with any other substance or

not.

From 2 R. S., 98, §§ 1, 2.

§ 772. No person shall, on any of the inland public waters of this state, except the Cayuga, Seneca, Crooked and Otsego lakes, take any trout, at any time, by any means except a hook and line, nor any speckled or brook trout at any time between the 15th day of September and the 15th day of February, by any means whatever.

1 Laws of 1857, 585, ch. 290, §§ 1, 2; Laws of 1859, 1185, ch. 511, § 6.

§ 773. No person shall, within this state, kill any wild deer, partridge, quail, woodcock or snipe during the months of February, March, April, May, June or July. The having in possession, in such months

any green deer skin or fresh venison, is presumptive evidence of having violated this section.

1 Laws of 1857, 582, ch. 287, §§ 1, 3; 1859, 1185, ch. 511.

§ 774. Whoever offends against any provision of Penalty. this chapter incurs a penalty of twenty-five dollars for each offense, to be recovered, before any justice of the peace of the state, by any complainant, or by a superintendent of the poor in the county where the offense was committed. If the latter is plaintiff, one-half of the recovery shall be paid to him for the use of the poor, and the other half to the complain

ant.

2 R. S., 98, § 2, Laws of 1857, ch. 287, §§ 4, 5; Ib., ch.
200, §§ 3, 4; 1859, 1185, ch. 511, § 5.

CHAPTER IX.

RACING.

SECTION 775. Racing forbidden.

776. Duty of officers of justice.

777. Penalty on bettors.

778. Penalty on owners.

779. Racing in New Utrecht.

780. Penalties, how recovered.

781. Racing in vicinity of a court.

forbidden.

§ 775. All racing or trial of speed between horses Racing or other animals, for any bet, stake or reward, except such as are allowed by special laws, is a common nuisance, and parties acting or aiding therein, or interested in any such bet, stake or reward, are guilty of a misdemeanor.

2 R. S., 80, § 49.

Duty of

officers of justice.

Ponalty on bettors.

Penalty on

owners.

Racing in New Utrecht.

§ 776. All officers concerned in the administration of justice shall attend at the place where they are informed that any such race is to be, and there give notice of its illegality, and endeavor to prevent it by dispersing the persons collected, and by all other means in their power. Upon their own view of any offense, as well as upon the testimony of others, such judges and justices shall issue warrants for the immediate apprehension of the offenders, and shall require recognizances with sufficient sureties for their good behavior, and for their appearance for trial.

2 R. S., 80, § 50.

§ 777. Every person who contributes or collects or solicits any money, goods or things in action, for the purpose of making up a bet, stake or reward to be raced for by any animal, contrary to law, liable to a penalty of twenty-five dollars.

Ib., § 51.

is

§ 778. The owner or part owner of any animal used by his privity, in racing contrary to law, shall forfeit the value of the animal. Every person concerned in any bet upon any illegal race, or in contributing to a stake for such race, shall forfeit the amount of such bet or such contribution.

Ib., § 52.

§ 779. All such racing and trials of speed within the town of New Utrecht, in the county of Kings,

whether for any bet or stakes, or not, is a misde

meanor, and the owner or part owner of any animal used by his privity, in a violation of this section, shall forfeit the value of the animal.

2 R. S., 81, §§ 53, 54.

§ 780. The forfeitures and penalties imposed by this chapter shall be recovered by the overseers of the poor of the town where the offense is committed.

Ib., § 51, 52, 53.

or

Penalties, how recovered.

vicinity of a court.

§ 781. Every person who is concerned in any Racing in racing or trial of speed between any horses other animals, within one mile of the place where any court is actually sitting, is guilty of a misde

meanor.

Ib., 875, § 13.

CHAPTER X.

PRIZE AND GAME FIGHTING, AND GAMING.

SECTION 782. Fights prohibited.

783. Complaint.

784. Execution of warrant.

785. Gaming.

From Laws of 1856, ch. 98; 1859, ch. 37; 2 R. S., 71, §§ 6, 7.

hibited.

§ 782. Every person who engages in any pre- Fights premeditated fight or contention, or who, within this state, instigates or promotes such a fight, either as witness or umpire, or by going out of the state to be present thereat, or by sending, in writing, or publishing, a challenge or acceptance of a challenge thereto, or by assisting in training a combatant

therefor, whether such fight is between persons or animals, and whether it is to take place within or without the state, is guilty of a misdemeanor.

Laws of 1856, ch. 98; 1859, ch. 37.

Complaint. § 783. Upon complaint under oath, specifying the grounds or reason to believe that a violation of the preceding section is about to be committed, any magistrate having power to take complaints of a criminal nature may, in his discretion, issue a warrant stating the complainant's name and residence, and requiring the officer to arrest the person about to offend, and any person whom he may find offending.

Execution

of warrant.

§ 784. The officer may call to his aid the civil power of the county, and shall take any person arrested before the magistrate, who shall require such person to give bond to the people in the penalty of not more than one thousand dollars, with or without sureties, conditioned that he will not, for one year from its date, violate section 782 Such bond is to be transmitted to the district attorney of the county, and, when broken, to be prosecuted by him in any court of the state. If he fails to give the bond the magistrate shall commit him to the county jail; but he may be discharged therefrom upon habeas corpus, upon executing the required bond; if such bond was required to be with surety the officer taking it shall approve the surety.

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