the certificate of the chief game protector that such protector has made the required report and properly performed his duties.

175. Chief game protector's report. The chief game protector shall make a monthly report to the commission of the operation of his department during the preceding month, and shall report any negligence or failure to perform duty on the part of any game protector, and shall make such further reports as shall be required by the commission.

§ 176. Special game protectors.-The commission may in its discretion appoint a person recommended by a majority of the supervisors of any county or by any game club incorporated for the protection of fish or game, as special game protector. Such special game protectors shall hold office during the pleasure of the commission and shall have the same powers as game protectors except the right to search without warrant, but shall not receive pay from the state. They shall make reports in the same manner as game protectors.

§ 177. Sheriffs and constables.- Peace officers shall have the same powers as game protectors under this act, except the right of search without warrant.

178 Nets to be destroyed by game protectors. - Nets, pounds or other devices unlawfully had, set or used in or upon any of the waters or islands of this state, for the purpose of taking fish or game in violation of this act, are hereby declared to be public nuisances and may be summarily destroyed and abated by any game protector or private person. No action for damages shall be maintained for such seizure or destruction.

§ 179. Expense of seizure of nets.-The reasonable expense of the seizure, removal or destruction of any net, pound or other illegal device shall be a county charge against the county in which the same shall be seized, and shall be audited and paid as a county charge on the verified statement of the game protector making the seizure, stating the time and place of such destruction, the name of the person or persons employed, the time spent and money paid, if any, therein.

SECTION 185. Actions for penalties by the people.
186. Costs in actions by the people.

187. Proceeds of actions by the people.
188. Actions by private persons or societies.
189. Judgments; how enforced.

190. Criminal jurisdiction of courts.

191. Search warrants; when issued.

192. Punishment for misdemeanor.

193. Witnesses not excused from testifying.

§ 185. Actions for penalties by the people. - Actions for penalties under this act shall be in the name of "the people of the state of New York;" and must be brought on the order of the chief game protector or of a commissioner. Special counsel may be employed and their compensation fixed by the commission. Such actions may be discontinued by order of the court on the application of the chief game protector upon such terms as the court may direct. Such actions if in justice's courts, may be brought in any town of the county in which the penalty is incurred or of the county in which the defendant resides.

186. Costs in actions by the people.- In case of recovery of any amount in an action for a penalty under this act or in an action authorized by the article on forests and public parks, the people shall recover full costs as provided by section thirty-two hundred and fifty-one of the code of civil procedure, together with witnesses' fees and other disbursements.

187. Proceeds of actions by the people.- Moneys recovered in an action for a penalty, or upon the settlement or compromise thereof, and fines for violations of this act shall be paid to the commission who shall apply so much thereof as may be necessary to the payment of the expenses of collection, and shall on the certificate of the chief game protector, pay one-half the balance to the game protector upon whose information the action was brought. The balance of such receipts shall be available on the certificate of the chief game protector for the expenses of prosecutions for violations of this act.

$188. Actions by private persons or societies.-A private person except the owner or lessee of premises upon which a penalty

is incurred, on giving security for costs to be approved by a judge of the court in which the action is brought and any society or corporation for the protection of fish or game, may recover in his or its name any penalty imposed by this act, and shall be entitled in case of collection, to one-half of the recovery; the balance shall be paid to the commission. Notice of the commencement of such an action shall be given to the chief game protector within fifteen days after the service of the summons therein, and failure to give such notice shall be a defense to the action. If after the commencement thereof an action be brought for the same penalty in the name of the people, an order shall be entered on the application of the chief game protector or of a commissioner for the discontinuance of such action without costs to either party. Motion papers in such an application shall be entitled in both actions.

$189. Judgments; how enforced.-Judgments recovered under this act may be enforced by execution against the person. A person imprisoned upon such an execution shall be confined for not less than one day, and at the rate of one day for each dollar recovered. No person shall be imprisoned more than once or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judgment.

§190. Criminal jurisdiction of courts.- Courts of special sessions and police courts in towns and villages, and the several courts in cities having jurisdiction to try misdemeanors as provided by section fifty-six of the code of criminal procedure, shall in the first instance have exclusive jurisdiction of offenses committed under this act, and the jurisdiction of said courts shall extend to all such offenses committed in the county where the court sits. A warrant shall be returnable before the magistrate issuing the same.

§ 191. 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 probable that fish or game taken or possessed contrary to the provisions of this act, is concealed, issue a search warrant for the discovery thereof, according to the practice provided in sections seven hundred and ninety-four to seven hundred and ninety-seven inclusive of the code of criminal procedure.

§ 192. Punishment for misdemeanor.—A person convicted of a misdemeanor under this act shall, except as otherwise provided, be punished by a fine of not less than ten dollars or more than the

amount of the penalty recoverable in a civil action for the offense committed; or by imprisonment in the county jail or penitentiary for not less than one day or more than one day for every dollar of such penalty, or by both such fine and imprisonment.

193. Witnesses not excused from testifying.- No person shall be excused from testifying in any civil or criminal action or proceeding taken or had under this act upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon a criminal prosecution.

ARTICLE XI.

PRIVATE PARKS.

SECTION 200. Laying out private parks.

200a. Laying out public parks, continued.

201. Notices in private parks.

202. Protection of private lands not parks.
203. Fish and game protected.

204. Signs not to be defaced.

§ 200. Laying out private parks.—A private park for the propa. gation and protection of fish, birds or game may be established by an owner or person having the exclusive right to hunt or fish on land or land and water, by publishing once a week for not less than four weeks in a newspaper printed in the county where such land or land and water are situated, a notice substantially describing the same and stating that it will be used as a private park to propagate and protect fish, birds or game. But waters stocked with fish by the state at any time after April seventeenth, eighteen hundred and ninety-six, shall not be laid out in any such park. If waters in any such park are hereafter stocked by the state with the consent of the owner the provisions of this article shall no longer apply thereto.

§ 2003. Laying out private parks, continued.— Part of a lake or pond may be laid out in a private park, if all riparian owners, including owners of the bed thereof, consent thereto in writing. If the state of New York be such an owner such consent may be given by the commission. (Added by chap. 538 of 1900.)

§201. Notices in private parks.- Notices or signboards not less than one foot square warning all persons against hunting or fishing or trespassing thereon for that purpose, shall be conspicu

ously posted and maintained on a private park as follows: if it consists entirely of land, not more than forty rods apart along the entire boundary thereof; if it consists of land and water, at least one notice for each one hundred acres thereof; if it consists of a lake or pond only, in at least four conspicuous places on or near the shore thereof; if it consists of a stream only, not more than onehalf mile apart on the banks thereof. If a park be fenced upon part or the whole of the outer boundary thereof, notices shall be placed on or near the fence not more than forty rods apart.

202. Protection of private lands not parks. An owner or person having the exclusive right to hunt or fish upon enclosed or cultivated lands, or to take fish in a pond or stream, may maintain such notices or signboards upon every fifty acres of the premises sought to be protected upon or near the lot lines thereof, or if waters only, upon or near the shores thereof in at least two conspicuous places, or may personally serve a written notice in the name of such owner or person containing a brief description of the premises warning all persons against hunting or fishing or trespassing thereon for that purpose.

amo 19018543 § 203. Fish and game protected.-No person shall take or disturb fish, birds or game on any private park or private lands, or trespass thereon for that purpose, after lawful notice. A person who violates any provision of this article shall be subject to exemplary damages not exceeding twenty-five dollars for each trespass committed in addition to the actual damages sustained.

§ 204. Signs not to be defaced.-A person who injures, defaces or removes a notice or sign-board placed or maintained pursuant to the provisions of this act, is guilty of a misdemeanor, and liable to a penalty of twenty-five dollars.

ARTICLE XII.

FISHWAYS.

SECTION 208. Notice of construction of dam.

209. Fishways ordered.

210. Fishways in Saint Lawrence and Franklin counties.
211. Penalties.

§ 208. Notice of construction of dam.—Before the construction of a dam is commenced on any stream more than six miles long inhabited by fish protected by this act, the plan thereof and a