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having cognizance thereof, one equal half of which forfeiture, when recovered, shall be paid to the overseers of the poor of said town, and the other half to the person who shall prosecute for the same.

Passed

An act to amend the act, entitled "An act relative to the fishery in
the county of Oswego," passed March 12th, 1823.
April 3, 1824. Chap. 158, p. 168.

$ 1. Be it enacted by the People of the State of New-York, reFishery in presented in Senate and Assembly, That from and after the passing lake Ontario. of this act, it shall be lawful for any person to fish with a net or seine

Fishery in

in the waters of lake Ontario, in the town of Richland, in the county of Oswego, except within two miles north of the mouth of Salmon river, and within one and a half miles south of the mouth of said river, in said town, any act to the contrary notwithstanding.

An act to amend the act, entitled "An act for the preservation of fish in certain waters," passed April 23d, 1823. Passed April 8, 1824. Chap. 184, p. 200.

$1. Be it enacted by the People of the State of New-York, reJake George. presented in Senate and Assembly, That it shall not be lawful for any person or persons to take or catch, or cause to be taken or caught, by any device or in any manner whatever, any of the species of fish called trout, within the waters of lake George, or at any of the outlets of the creeks or brooks emptying into the same, within the distance of one mile from said lake, between the first day of September and the fifteenth day of December, in each and every year, after the passing of this act; and it shall not be lawful for any person or persons to take or catch, or cause to be taken or caught, by any device or in any manner whatever, any of the species of fish called bass, within the waters of said lake, or at the outlets of any of the said brooks, between the first day of May and the fifteenth day of June, in each and every year after the passing of this act; and every person offending in the premises, shall, for every such offence, forfeit the sum of ten dollars, to be recovered in an action of debt, in any court having cognizance thereof, the one half of which forfeiture, when recovered, shall be paid to the treasurer of the county where such forfeiture or penalty shall or may be recovered, although the offence may have been committed in another county, and the other half to the person prosecuting for the same.

Penalty.

Section repealed.

Fishing in
Elk creek

S2. And be it further enacted, That the first section of the act hereby amended, be and the same is hereby repealed.

An act for the preservation of fish in the Elk creek, in the towns of Maryland and Westford, in the county of Otsego. Passed November 19, 1824. Chap. 274, p. 336.

$1. Be it enacted by the People of the State of New-York, reProhibited. presented in Senate and Assembly, That from and after the passing of this act, it shall not be lawful for any person or persons to take or catch any fish in any other manner than by hook or hooks and line, in

the Elk creek, in the towns of Maryland and Westford, in the county of Otsego.

$2. And be it further enacted, That every person who shall of- Penalty. fend against the provision of this act, shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered, with costs of suit, in an action of debt, before any court having cognizance of the same, by any person who will prosecute the same to effect; one half of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town in which such offence shall be committed, for the use of the poor of such town, and the other half to the person who shall prosecute for the same.

An act to repeal several laws relating to the fishery in the counties of Monroe and Wayne. Passed November 24, 1824. Chap. 294, p. 354.

pealed.

$1. Be it enacted by the People of the State of New-York, re- Certain parts presented in Senate and Assembly, That so much of the act for the of acts represervation of the fishery in certain waters therein mentioned, passed April 5, 1813, as relates to Red creek and the two branches of Sodus creek emptying into Lake Ontario, and so much of the act relating to the salmon fishery in the county of Monroe, passed February 3d, 1823, as applies to the territory between the east line of the county of Wayne and the west line of the county of Monroe, be, and the same are hereby repealed, excepting so much of the several laws which prohibit the setting of nets or wiers in said streams.

An act repealing the ninth section of the act, entitled "An act relative to the fishery in certain waters," passed April 5th, 1813. Passed February 15, 1825. Chap. 13, p. 11.

$1. Be it enacted by the People of the State of New-York, re- Section represented in Senate and Assembly, That the ninth section of the act, pealed. entitled "An act relative to the fishery in certain waters," passed April 5, 1813, so far as the same prohibits the setting of fikes or other obstructions in Croton river, above or north of Wood's bridge, be, and the same is hereby repealed.

An act for the preservation of fish in certain ponds in the county of Westchester. Passed April 14, 1825. Chap. 157, p. 252. $1. Be it enacted by the People of the State of New-York, re- Fishery propresented in Senate and Assembly, That it shall not be lawful for hibited. any person or persons, at any time, or in any manner whatsoever, after the passing of this act, and before the first day of June, in the year one thousand eight hundred and twenty-eight, to take any kind of fish, or to use any means for taking them, in the waters of a certain pond of water commonly called Adam Miller's pond, in the town of Yorktown, in the county of Westchester, and in the waters of two other certain ponds in or near the town of Harrison, in the said county of Westchester, commonly called Big Rye pond and Little Rye pond, or in the outlet of either of the said ponds, within one mile of said ponds respectively.

Penalties.

Preamble.

Fishing regu lated.

Penalties.

Fishing in Greene county.

$ 2. And be it further enacted, That if any person or persons shall fish contrary to the provisions of the preceding section of this act, he or they shall forfeit the sum of ten dollars for each and every offence, to be recovered in an action of debt in any court having cognizance thereof, the one half of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town where such offence shall be committed, for the use of the poor thereof, and the other half to the person prosecuting for the same.

An act to secure to the owners and proprietors of Little lake the exclusive right of fishing therein after a limited time, and for directing the mode for taking fish in certain waters in the county of Greene. Passed April 17, 1826. Chap. 227, p. 264. WHEREAS it is represented that Nicholas Russell, Benjamin M. Young, John A. Shafer, Richard Young and Thomas Lawyer, are the owners and proprietors of a small lake at the foot of Kerker's mountain, in the towns of Carlise and Cobleskill, in the county of Schoharie, and that they contemplate to raise, cultivate and improve in the said lake the growth of fishes: Therefore,

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for any person or persons to take or catch, or cause or procure to be taken and caught, in any way or manner, any of the fish in the lake called Little lake, in the towns of Cobleskill and Carlisle, in the county of Schoharie, from and after the passage of this act, excepting the owners and proprietors of said lake, after the first day of December in the year one thousand eight hundred and twenty-eight.

$2. And be it further enacted, That every person who shall offend against the provisions of this act, shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered, with costs of suit, in an action of debt, before any court having cognizance of the same, by any person who will prosecute for the same to effect, one half of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town where such offence shall be committed, for the use of the poor of such town, and the other half for the use of the person who shall prosecute for the same.

$3. And be it further enacted, That it shall not be lawful for any person or persons, after the passage of this act, to take any fish by means of any seine or seines, net or nets, spear or spears, set line, basket, or in any other manner except by single hook and line, in any pond or lake, or the Cauterskill creek, in the county of Greene; and if any person or persons shall take any fish in any such pond, lake or stream aforesaid, within the county aforesaid, contrary to the provisions of this act, he, she or they shall forfeit for every offence the sum of ten dollars, to be recovered in an action of debt, before any justice of the peace of the said county, with costs of suit, by any person who will prosecute for the same.

An act to amend the act relative to the fishery in certain waters, passed April 5, 1813. Passed March 31, 1828. Chap 147, p.

159.

$1. The second section of the act, entitled "An act relative to the fishery in certain waters," passed April 5, 1813, is hereby repealed, so far as the same applies to the Big Salmon river or creek, in the county of Oswego.

An act regulating the privilege of fishing in the waters of this state along the Narrows, in Kings county. Passed April 20, 1829. Chap. 189, p. 291.

1. It shall be lawful for the inhabitants and owners of lands in the towns of Brooklyn and New-Utrecht, in the county of Kings, who have the privilege of fishing in the waters of this state, at and along the Narrows in said county, to set their hedges and other implements of fishing, at any distance into the channel of said waters within thirty rods from the shore at low water mark.

$2. All laws heretofore passed, so far as the same are contrary to the provisions of this act, are hereby repealed.

Acts relating to Aliens holding Real Estate in this State.

An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned. Passed

April 2, 1798. Sess. 21, Chap. 72.1

lid.

$1. Be it enacted by the People of the State of New-York, re- Conveyances presented in Senate and Assembly, That all and every conveyance to aliens vnor conveyances, hereafter to be made or executed to any alien or aliens, not being the subject or subjects of some sovereign state or power, which is or shall be, at the time of such conveyance, at war with the United States of America, shall be deemed valid to vest the estate thereby granted, in such alien or aliens; and it shall and may be lawful to and for such alien or aliens, to have and to hold the same, to his, her, or their heirs and assigns forever, any plea of alienism to the contrary notwithstanding: Provided always, That it shall not be lawful for any such alien, or the heirs or assigns of any such alien, being aliens, to reserve any rent or service whatsoever, upon any grant, lease, demise or conveyance whatsoever, to be made of any such lands or tenements; and all rents, payments, services or reservations whatsoever, which shall be reserved or made payable in, or by or in consequence of any such grant, lease, demise or conveyance whatsoever, of any such lands or tenements, shall be utterly void and of no effect.

$2. And be it further enacted, That all and every deed or deeds, Such conveyconveyance or conveyances, to be executed in pursuance of this act, recorded.

ances to be

(1) Gr. v. 3, p. 397.

Limitation.

shall be recorded within twelve months after the day of the date of the same, in the secretary's office of this state; and in default thereof, the grantees named in any such deed or conveyance, shall be considered in all respects as aliens, and the lands and tenements thereby conveyed, shall enure to the use of the people of this state.

$3. And be it further enacted, That this act shall be and remain in force for the term of three years from and after the passing thereof, and no longer.

An act declaratory of the construction and intent of the act, entitled "An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned," and to amend the same. Passed March 5, 1819. Chap. 25, p. 29.

$1. Be it enacted and declared by the People of the State of New-York, represented in Senate and Assembly, That all and every the deed and deeds, conveyance and conveyances, of or for any lands or tenements within this state, made to any alien or aliens, in pursuance of the act, entitled "An act to enable aliens to purchase and hold real estates within this state, under certain restrictions therein mentioned," passed the second day of April, one thousand seven hundred and ninety-eight, so far forth as relates to any question or plea of alienism, shall be deemed and adjudged valid and effectual to vest all and singular the lands and tenements described in, and intended to be conveyed by such deed or deeds, conveyance or conveyances, in the several grantees therein named, and their heirs and assigns, according to the nature of the estates thereby created, and in such manner as to authorise the said several grantees, and their respective heirs and assigns, being aliens, effectually to give, devise, grant, sell and convey the same, in fee or otherwise, to any other alien or aliens, not being the subject or subjects of some sovereign state or power then at war with the United States of America, any thing in the said act contained, or any plea of alienism to the contrary notwithstanding.

$2. And be it further enacted, That all and every the mortgage or mortgages of and upon any of the said lands and tenements, which have been or may hereafter be taken by the said grantees, or any of them, in order to secure the whole or any part of the consideration money arising on any sale or sales of the said lands and tenements, or any of them, shall be in like manner valid and effectual; and it shall and may be lawful for the mortgagees therein named, or any of them, their or any of their heirs or assigns, to re-purchase any of the said lands and tenements, on any sale or sales to be thereof made by virtue of any power contained or to be contained in any such mortgages, or by virtue of any judgment, order or decree of any court of law or equity, rendered or made, or to be rendered or made, in order to enforce the payment of such consideration money, or any part thereof, and to hold the same lands and tenements in like manner, and with the like authority, as is herein before expressed.

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