Sickles v. Sharp
New York Supreme Court
THIS was an action of debt, to recover the penally of 50 dollars, given by the 6th section of the act to protect the fishing in Hudson river, &c. passed the 11th April, 1815, (Scss. 38. ch. 146.,) for a violation of the fourth section of {he act. It was admitted that the defendant, on Sunday, to wit, on the 5th May last, fished with a seine, in Hudson river, in the channel thereof, in the town of Kinderhook, and caught three hundred shad.
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THIS was an action of debt, to recover the penally of 50 dollars, given by the 6th section of the act to protect the fishing in Hudson river, &c. passed the 11th April, 1815, (Scss. 38. ch. 146.,) for a violation of the fourth section of {he act. It was admitted that the defendant, on Sunday, to wit, on the 5th May last, fished with a seine, in Hudson river, in the channel thereof, in the town of Kinderhook, and caught three hundred shad. The case was submitted to the court without argument.
1Opinion of the CourtSpencer, J.
The first ¡section of the act (Sess. 38. ch. 146.) prohibits, after the first - of June, 1815, the use of set-nets or wires for catching fish, in any part of the Hudson river, between the city of ATeio-York and Bakers falls, other than hoop-nets, likes, or set-nets, con-, structed with buoys, which are to be used only on the fiats, along the fiats and shores, and out of the channel of the river. The second section prescribes the penalty for offending against *498the provisions of the first section ; and the third, section directs j-^g removal of poles already set. The^fourth section, upon which…
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