File:Annual report of the Commissioners of Fisheries, Game and Forests of the State of New York (1896) (14565744690).jpg

Identifier: annualreportof3189618newy (find matches)
Title: Annual report of the Commissioners of Fisheries, Game and Forests of the State of New York
Year: 1895 (1890s)
Authors: New York (State). Commissioners of Fisheries, Game and Forests
Subjects: Forests and forestry Fisheries Game and game-birds
Publisher: (Albany, N.Y. : The Commission)

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the construction shall, out of the funds appropriated for the constructionof such dam comply with such directions, subject, on application on notice as on a motion, tothe right of the supreme court to affirm, reverse, modify or alter such directions. Section 262. Owners to comply with directions of cotmnissioners.—Such fishways shall beproperly maintained by the owner or persons in possession of such dam, and shall be subject toexamination and inspection on behalf of the commissioners, who may direct such repairs andalterations as they may deem necessary, subject to the order of the supreme court, as in caseof construction. Section 263. Commissioners to recover for construction and pe?ialty.—In case of failure,refusal or neglect on the part of any person to comply with the directions of the commissionersas to building and repairing fishways, the commissioners may cause such fishways to be con-structed or repaired, and the expense thereof may be recovered by the commissioners in an
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FISHERIES, GAME AND FORESTS. 225 action against the owner or person in possession, or both, in the name of the people, and shall,in addition to the personal liability of such owner or person in possession be a lien upon thepremises upon which such dam is situated. The person refusing or neglecting to comply withsuch directions of the commissioners as to construction or repairs shall also be liable to a penaltyof ten dollars for each day during which they neglect to obey such directions, which penaltymay be recovered in like manner in the same or a separate action. Section 264. No person or persons, association, corporation or company shall build, placeor maintain any rack, screen, weir or other obstruction across any of the creeks, streams orrivers of the state inhabited by fish protected by law that will prevent the passage of fish fromone point to another point in said waters except as provided in section one hundred and forty-three of the fisheries, game and forest law. Whoever sha

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