UNUSUAL RESEARCH RESOURCES

AN 1882 FISHING LAW

HERKIMER COUNTY, NY




I thought this 1882 law was interesting as it lists many local residents and shows where people resided in relation to one another. When doing genealogy research, official reports are good sources to check out. The article below is from the book recording "Proceedings of the Board of Supervisors, of the County of Herkimer, for the year 1882." I also thought it was interesting that someone would "pretend" to be fishing! This transcription/wording is exactly the way it appears in the book.

Betsy Voorhees
August 2001

LAWS OF HERKIMER COUNTY
BY AUTHORITY

CHAPTER III

AN ACT prohibiting fishing or pretending to fish in Beaver creek or its tributaries, for the period of two years from the lst day of April, 1883.

The Board of Supervisors of Herkimer County met in annual session, December 8th, 1882, by a majority of all the Supervisors elected to said Board, do hereby resolve and enact as follows:

Section 1.    It shall not be lawful for any person to kill, catch, take, fish for or pretend to fish for any speckled or brook trout or any other fish in a stream known as Beaver creek, said stream being and lying in the town and county of Herkimer, and State of New York, and is described as follows: said stream arises in the north-easterly part of said town of Herkimer, on the lands of William U. Smith, and flows southerly through and along the lands of Wm. Shell, Joseph Getman, Horatio Rasbach, Melchert Smith, Adam M. Folts, Sanford Eysaman, Marcus Rasbach, Joseph G. Smith, Herbert H. Smith, James H. Bellinger, Belden Martindale, Nicholas Cristman, Mrs. Julius C. Tower, Mrs. Elias A. Seymour, Darius Smith, thence into the Mohawk River, from April 1st, 1883, to April 1st, 1855. Any person found guilty of violating this resolution shall in addition to being guilty of a misdemeanor, be liable to a penalty of twenty-five dollars for each fish so killed, caught or taken, or for fishing or prentending to fish.

2.    To make Sec. 1 operative and effective, the petitioners hereinafter named, shall on or before the first Saturday in February, 1883, organize themselves as a club for the protection of fish and game.

3.    It shall be the duty of the club so organized to erect signboards containing at least two square feet each, at every mile along the said Beaver creek. Upon these signboards shall be written or painted in plain letters as follows: "Fishing or pretending to fish in Beaver creek is prohibited by law -- Fine $25. Any person giving information that will lead to conviction will be paid half the fine."

4.    All complaints for the violation of the foregoing section shall be made to the club or any member thereof, and upon conviction and payment of the penalty, one-half shall be paid to the person giving information that leads to conviction, and the remainder shall be used to pay expenses of presentation and for the purchase of young fish to stock said stream.

5.    It is expressly understood and provided in giving the protection sought by the petitioners that in no case shall the county be liable for any expense incurred or costs of whatever nature.

Petitioners referred to in the foregoing ordinace -- A. J. Hunt, Howard C. Harter, C. B. Helmer, W. W. Wilson, Irving O. Nellis, William Snell, Darius Small, Wm. U. Smith, David Hartman, Hiram H. Smith, Jas. H. Bellinger, E. A. Seymour, Harvey Small, J. H. Petrie, N. Christman, A. H. Rasbach. B. Martindale, H. E. Rasbach, A. M. Folts, John J. Small, J. P. Harter, S. C. Harter, M. Rasbach.

               John M. Budlong, Chairman,

J. S. Lamberson, Clerk of the Board of Supervisors of Herkimer County.

We hereby certify the above to be a true, correct and official copy of an act duly passed and enacted by the Board of Supervisors of Herkimer County, on the 8th date of December, 1882.           In witness whereof, we have hereunto set our hands and
     [L. S.]     affixed the seal of said Board this 16th day of December, 1882
                    John M. Budlong, Chairman
J. S. Lambertson, Clerk of the Board of Supervisors

STATE OF NEW YORK)
Herkimer County Clerk's Office.) ss.

I, Palmer M. Wood, Clerk of said County, do hereby certify that I have compared the preceding with the original law on file in this office, and that the same is a correct transcript therefrom, and of the whole of said original law.

                In testimony whereof, I have hereunto
                set my hand and affixed the seal of
    [L. S.]   said county, this 16th day of
                December, 1882.
                      PALMER M. WOOD, Clerk


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Created 8/8/01
Copyright © 2001 Betsy Voorhees
All Rights Reserved.