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Route 2a

added to L. 1909, ch. 30,

$120.

dated laws," as last amended by chapter three hundred and seventy-one of the laws of nineteen hundred and twenty-two,1 is hereby amended to read as follows:

§ 146. Railroads and other works and structures in and upon highways. No street surface or other railroad shall be constructed upon any portion of a state or county highway which has been or may be improved under the provisions of this article, nor shall any person, firm, corporation or municipality enter upon or construct any works in or upon any such highway, or construct any overhead or underground crossing thereof, or lay or maintain therein drainage, sewer or water pipes underground, except under such conditions and regulations as may be prescribed by the commissioner of highways, notwithstanding any consent or franchise granted by any town, county or district superintendent, or by the municipal authorities of any town. Any municipal corporation may enter upon any state or county highway for the purpose of widening the pavement or for any other purpose authorized by this section, but only after securing a permit as provided herein. Notwithstanding the limitations in any general or special law, every municipal corporation shall have and is hereby given authority to deposit with the department of public works, bureau of highways, such a sum of money as may be required by the commissioner of highways as a condition precedent to the granting of the permit provided in this section. Any person, firm or corporation violating this section shall be liable to a fine of not less than one hundred dollars nor more than one thousand dollars for each day of such violation, to be recovered by the commissioner of highways and paid to the state treasurer to the credit of the fund for the maintenance and repair of state and county highways, and may also be removed therefrom as a trespasser by the commissioner of highways upon petition to the county court of the county or the supreme court of the state.

§ 2. This act shall take effect immediately.

CHAPTER 339

AN ACT to amend the highway law, in relation to establishing a new state

route.

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 one hundred and twenty of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," such section having been last amended by chapter eighteen of the laws of nineteen hundred and twenty-one, is hereby

1 Previously amended by L. 1911, ch. 646; L. 1913, ch. 80.

2 Following sentence new.

amended by inserting therein a new route, to be route two-a, to read as follows:

Route 2-a. Commencing at the easterly end of the Bear Mountain bridge in Westchester county; thence northerly to the Garrison-Cold Spring road at Garrison Four Corners; thence along such road to the village of Cold Spring; thence northerly along the river road to the city of Beacon.

§ 2. This act shall take effect immediately.

CHAPTER 340

AN ACT to amend the conservation law, in relation to the taking of lake trout and black bass in Lake George.

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:

§ 241a

Section 1. Section two hundred and forty-one-a of chapter six L. 1911. hundred and forty-seven of the laws of nineteen hundred and ch.647. 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 five hundred and eighty-three of the laws of nineteen hundred and thirteen and last amended by chapter two hundred and seventy-nine of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:

1

§ 241-a. Lake George, open seasons, special. The open seasons for taking fish in the waters of Lake George, in any part thereofshall be as follows: Lake trout, from May first to September first,1 both inclusive; pike perch, from June sixteenth to December thirtyfirst, both inclusive; bullheads, from July first to December thirtyfirst, both inclusive; black bass, from August first to October thirty-first, both inclusive.

§ 2. This act shall take effect immediately.

CHAPTER 341

AN ACT to amend the conservation law, in relation to the size of catch of muskalonge.

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 two hundred and thirty-nine of chapter six L. 1911, hundred and forty-seven of the laws of nineteen hundred and c,647, eleven, entitled "An act relating to conservation of land, forests, amended.

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§ 239

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waters, parks, hydraulic power, fish and game, and 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 two hundred and fifty-six of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows:

2

§ 239. Muskalonge; open season and size limits; sale of. 1. Open season and size limit. Muskalonge not less than twenty-four inches in length may be taken and possessed from July first to December first, both inclusive, in any number or quantity, except in the county of Chautauqua a person may not take and possess to exceed two such muskalonge in one day, but whenever two or more persons are angling from the same boat they may take and possess not to exceed three in one day. No person shall take muskalonge through the ice.

2. Sale of. Such muskalonge may be bought and sold during the open season therefor.

§ 2. This act shall take effect immediately.

CHAPTER 342

AN ACT to amend the conservation law. in relation to the use of nets in

Lake Erie.

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

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred and seventy-six of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to the conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter two hundred and eighty-one of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:

§ 276. Nets in Lake Erie and Lake Ontario. . Fish, except black
bass and maskalonge, may be taken with nets during the open
season therefor in the waters of Lake Erie, except within one-half
mile of the shores or islands thereof and within two miles1
of the mouth of Cattaraugus creek, and within five miles of the
head of Niagara river during the open season; and in Lake Ontario,
except within one-half mile of the shores or islands of such lake
and within one mile of the mouth of the Niagara river during the
open season. Ciscoes may be taken with nets in Lake Ontario
from October fifteenth to December fifteenth, except within five
hundred feet of the shores thereof, and within a radius of one
thousand feet of the mouth of any river, bay, inlet or outlet.
§ 2. This act shall take effect immediately.

1 Previously amended by L. 1920, ch. 467; L. 1921, ch. 500.
2 Formerly "December thirty-first."

1 Formerly "five miles."

CHAPTER 343

AN ACT to amend the conservation law, in relation to taking non-game fish by snatch hooks.

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:

647

Section 1. Section two hundred and fifty-five-a of chapter six L. 1911, hundred and forty-seven of the laws of nineteen hundred and ch. § 255a eleven, entitled "An act relating to conservation of land, forest*, amended. waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter two hundred and ninety-seven of the laws of nineteen hundred and fifteen and amended by chapter one hundred and forty-seven of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows:

§ 255-a. Taking certain non-game fish. Suckers, mullet, carp, bullheads and eels may be taken by snatch hooks only in any stream in the state at any point in such stream not less than five miles below the source thereof, between November first and April thirtieth, both inclusive; provided, however that no such fish shall be taken in Broome and Tioga1 counties or attempted to be taken by blind snatching, the fish being unseen by the fishermen, but trolling in any form shall not be regarded as blind snatching. In taking such fish under the provisions of this section, driving shall be permitted. The requirements, prohibitions, conditions and exceptions prescribed by sections two hundred and fifty-two and two hundred and fifty-five of this chapter shall not apply to the taking of fish described in this section with snatch hooks within the times herein prescribed.

§ 2. This act shall take effect immediately.

CHAPTER 344

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

three-fifths being present.

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 198

Section 1. Section one hundred and ninety-eight of chapter six L. 1911. hundred and forty-seven of the laws of nineteen hundred and ch, 647 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

* So in original. [Should be " forests."]

1 Inclusion of Tioga county new.

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hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter three hundred and eighty-eight of the laws of nineteen hundred and twenty-three,' is hereby amended to read as follows:

§ 198. Mink; raccoon and sable; open season. Mink and sable may be taken either in the day time or at night in any manner and possessed from November tenth to March fifteenth, both inclusive. Raccoon may be taken in the day time or at night, in any manner, except by taking out of dens or houses or cutting den trees, and possessed from November tenth to February tenth, both inclusive. In the county of Orleans there shall be no open season for the taking of raccoon prior to November tenth, nineteen hundred and twenty-eight.

2

§ 2. This act shall take effect immediately.

CHAPTER 345

AN ACT to amend the conservation law, in relation to the taking of pickerel and pike.

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. Subdivision one of section two hundred and thirtyseven of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relati to conservation of land, forests, waters, parks, hydra lie 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 thirty-five of the laws of nineteen hundred and twentyfour, is hereby amended to read as follows:

1. Open season. Pickerel and pike not less than twelve inches in length may be taken and possessed' in any number or quantity from May first to March first, both inclusive, except that, in Westchester and Putnam counties not forming a part of the Hudson river, they may be taken and possessed from June sixteenth to the last day of February, both inclusive, and except as herein provided. § 2. This act shall take effect immediately.

1 Previously amended by L. 1913, ch. 508; L. 1914, ch. 92; L. 1916, ch. 521; L. 1917, ch. 374; L. 1919, ch. 288; L. 1920, ch. 469; L. 1922, ch. 116.

2 Words " except by taking out of dens or houses or cutting den trees,"

new.

1 Previously amended by L. 1921, ch. 631; L. 1923, ch. 57.

2 Words "not less than twelve inches in length may be taken and possessed,"

new.

3 Words "may be taken and possessed" omitted.

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