the same and proceeding to recover the penalty or penalties therefor, in the manner prescribed in the following section, who shall also be a competent witness on the trial of the case.

Act 3 June, 1878, Sec. 37, P. L., 165.-Whenever any officer or constable, making complaint of the violation of any of the provisions of this act, shall fail to recover the penalty or penalties therein mentioned in any prosecution or suit commenced by him or them pursuant to the foregoing sections of this act, the costs of suit incurred by him or them shall be a charge upon the proper county, and shall be audited and allowed as other county charges are audited and allowed.

Act 3 June, 1878, Sec. 38, P. L., 167.-In all cases not separately and particularly provided for in other sections of this act, wherever the penalty or penalties mentioned in said act exceed in amount the jurisdiction of aldermen or justices of the peace, it shall be the duty of the district attorney for the county where the offence is committed, to commence actions for the recovery of such penalties, upon receiving proper information thereof, in the Court of Quarter Sessions of the Peace, or other court having jurisdiction in the proper county; and in all such actions brought by such district attorney, one-half the penalty recovered shall belong to the person laying information on which the action is brought, and the other half shall be paid to the treasurer of the county in which the offence is committed.

Act 3 June, 1878, Sec. 39, P. L., 167.-All actions for violation of the provisions of this act, except where otherwise therein directed, shall be brought within one year from the time such violation was committed.

Act 3 June, 1878, Sec. 40, P. L., 167.-Nothing in this act shall be construed to apply to any stream forming the boundary line between this and any State over which this State has concurrent jurisdiction with such State, so far as such streams form such boundary line, nor to any lake partly within the boundaries of this State.

Act 3 June, 1878, Sec. 41, P. L., 167.-All acts or parts of acts which are inconsistent with this act be and the same are hereby repealed.

CLXVIII. AMENDMENTS TO THE "ACT TO AMEND AND CONSOLIDATE THE SEVERAL ACTS RELATING TO GAME AND GAME FISH."

Act 3 June, 1878, Sec. 1, P. L., 160, as amended by Act 10 June, 1881, P. L., 92.-That no person shall kill or pursue, in any part of this State, any elk or wild deer, save only from the first day of October in any year to the thirty-first day of December next following; and no person shall have in his possession, or offer for sale or transport, any elk, wild deer, antelope or fresh venison, save only from the first day of October in any year to the thirty-first day of December next following. No person shall at any time kill any fawn, when in its spotted coat, or have the fresh skin of any such fawn in his or her possession. No person shall pursue an elk or wild deer with dogs in any part of this State, or shall kill in the water any elk or wild deer or fawn which has been driven thereto by dogs. Any person offending against any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of fifty dollars for each elk, wild deer or fawn so killed or pursued or trapped, or fresh elk, wild deer, antelope or fawn skin had in his or her possession, and may be proceeded against in any county of the State wherein he may be arrested having the same in his or her possession: And provided also, That any dogs pursuing elk, or wild deer or fawns may be killed by any person, and any constable or other town official may kill any dog that habitually pursues elk, wild deer or fawns, and the owner of such dog shall be liable to a penalty of ten dollars for each elk, wild deer or fawn killed by such dog.

Act 3 June, 1878, Sec. 3, P. L., 160, as amended by Act 10 June, 1881.-No person shall kill or expose for sale, or have in his possession after the same has been killed, any hare, commonly called rabbit, between the first day of January and the first day of November in any year, under a penalty of five dollars for each and every hare or rabbit so killed or exposed for sale or had in his possession. No person shall hunt or cause or permit the hunting of hares or rabbits with a ferret or ferrets, under a penalty of ten dollars for each and every hare and rabbit caught or killed by means of a ferret or ferrets.

Act 3 June, 1878, Sec. 15, P. L., 162, as amended by Act 10 June, 1881, P. L., 95.-No person shall kill or take any wild

pigeon or squab while on its nesting or roosting ground, or break up or in any manner disturb such nesting or roosting ground or the birds thereon, or kill or catch with gun, net or trap, or otherwise take or destroy any such pigeon or pigeons, within one mile of any nesting or roosting ground, or discharge any firearms within one mile of any nesting or roosting ground, under a penalty of fifty dollars: Provided, That no person except citizens of this Commonwealth shall trap or catch wild pigeons with nets in any of the counties of this Commonwealth, unless he shall first have taken out a license from the county treasurer of the county in which said pigeons are found, for which license he shall pay the sum of fifty dollars for the use of said county, under a penalty of one hundred dollars.

Act 3 June, 1878, Sec. 25, P. L., 164, as amended by Act 10 June, 1881, P. L., 93.-No person shall by any means or device whatsoever catch or kill in any waters of this State any black bass, green bass, yellow bass, willow bass, rock bass, Lake Erie or grass bass, pike or pickerel, or wall-eyed pike, commonly known as Susquehanna salmon, between the first day of January and the first day of June, nor catch or kill any of said species of fish at any other time during the year, save only with a rod, hook and line; any violation of this section shall subject the offender to a penalty of ten dollars for each and every offence: Provided, This section shall not apply to the waters of Lake Erie, except in the ponds on the island or peninsula forming the north and east shores of the harbor of Erie.

CLXIX. UNLAWFUL TO CATCH TROUT LESS THAN FIVE INCHES IN LENGTH, OR TO FISH IN STREAMS IN WHICH TROUT HAVE BEEN PLANTED.

Act 10 June, 1881, Sec. 3, P. L., 93.-No person shall at any time catch, take, kill or have in his or her possession, after the same has been killed, any speckled trout or California mountain trout for sale less than five inches in length, and it shall be unlawful for any person to fish in any stream in this Commonwealth, for a period of three years, in which brook trout have been planted by the fish commissioners of the State, under a penalty of twenty dollars, as provided for in section thirty-six of act of Assembly, approved June 3d, 1878: Provided, Public notice has been given

of said planting at the time in any newspaper published in the county where said streams are located, for the period of three weeks.

CLXX. UNLAWFUL TO CATCH SHAD IN CERTAIN RIVERS ON CERTAIN DAYS.

Act 10 June, 1881, Sec. 4, P. L., 94.-It shall be unlawful for any person or persons to take, catch or kill any shad in the Susquehanna and Juniata rivers, from sunset on Saturday till sunrise on Monday of any week during the run of said fish from March 15th to June 25th of each year, but fishing shall be permitted for said fish from Monday at sunrise till Saturday at sunset of each week during said time with seine or seines, net or nets, not less than four and one-half inches in the mesh, measured from knot to knot diagonally; if any person or persons violate the provisions of this section during the close time, any fish warden, constable or sheriff of any county in said Commonwealth is hereby empowered to arrest the offender or offenders on sight and confiscate all seine or seines, net or nets, boat or boats of any kind, and implements of fishing, outside of any inclosure used in any connection with the same, and sell the same at public auction, and appropriate the proceeds, less expenses, to the school fund of said district where the violation occurs; and the same penalties of forfeiture shall apply to any person or persons who shall employ or use in any way whatever any gill or drift seine or seines, net or nets at any time; and, in addition to the forfeitures aforesaid, the person or persons so offending shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding fifty dollars, and imprisoned in the county jail for not less than three months, or both, or either, at the discretion of the court trying the same.

1. Werfel v. Commonwealth, 1812, 5 Binney, 65.-"Where an act of Assembly appropriates in a certain way, a fine to be inflicted upon persons convicted of a certain offence, it is error if the judgment appropriates it in a different way.

2. "An indictment for erecting, etc., a mound made of logs and stones, in the river Susquehanna, for the taking of fish in the said river, to the great obstruction and hindrance of the fish, fry and spawn in passing up and down said river, and to the common nuisance of all the liege citizens, etc., is within the fourth section of the Act of the 9th of March, 1771, which prohibits the erection, etc., of any weir, rack, basket, dam, pound, or other device or obstruction whatsoever, whereby the fish may

be obstructed from going up said river, etc., and therefore a judgment that the fine shall be paid to the Commonwealth, instead of going to the informer and commissioners in that section mentioned, is erroneous.

3. "If the record of the court below set forth, that before a bill of indictment was submitted to the grand jury, the sheriff had returned the precept to him directed, in all things duly executed, and so in like manner as to the petit jury, by whom the prisoner was tried, it is sufficient, without stating the precept and return at large; nor can it be alleged for error, that no precept was issued."

CLXXI. TAKING SALMON WITH NETS, IN THE DELAWARE RIVER OR ITS TRIBUTARIES, PROHIBITED FOR A CERTAIN PERIOD.

Act 11 June, 1879, Sec. 1, P. L., 163.-For the term of three years from the passage of this act, it shall not be lawful for any person to take from the Delaware River, or from any of the tributaries of said river, within the jurisdiction of this State, any salmon or grilse with any seine, fyke-net, gill-net, drift-net, pound, weir, rack, or any other appliance or device, nor in any manner, except with rod, hook and line, in the manner usually known as angling; nor shall it be lawful for any person to have in his possession any salmon or grilse, taken from the said waters by any of the devices herein prohibited; and any person who shall take from the said waters any salmon or grilse by any of the said prohibited devices, or who shall have in possession any salmon or grilse so taken from the said waters, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of one hundred dollars, or by imprisonment for a term not exceeding three months, or both, or either, at the discretion of the court trying the same: Provided, That nothing herein contained shall be construed to prevent the commissioners of fisheries of this State from taking salmon or grilse at any time or in any manner, for purposes connected with the performance of their duties: And provided further, That the prohibition herein contained shall not be held to apply to the main stream of the Delaware River, until an act shall have been passed by the legislature of the State of New Jersey containing a similar prohibition.

Act 11 June, 1879, Sec. 2, P. L., 163.-The penalty imposed by this act for illegally taking salmon and grilse, shall not be imposed upon such shad and herring fisherman as may, in the pursuit of their avocations, inadvertently take salmon or grilse in