1903 Pa. Laws 178, No. 136, §§ 1-2
Abstract
Imposed licensing requirement for non-residents and unnaturalized foreign-born resident to possess a gun in the fields, forests, or waters of the State. Punishable by fine.
Summary
Pennsylvania required nonresidents and unnaturalized foreign-born residents to obtain a $10 annual hunting license, with possessing a gun while hunting without one treated as evidence of a violation. Violators faced a $25 penalty or jail time, and authorities could seize and eventually sell their guns and hunting equipment to cover penalties and costs.
Law Text
Section 1. Be it enacted, &c., That from and after the passage of this act, every non-resident and every unnaturalized, foreign-born resident of this Commonwealth shall be required to take out a license from the treasurer of the county in which he proposes to hunt, before beginning to hunt in any part of this Commonwealth. Each and every person not a resident of this Commonwealth, and each and every person who is an unnaturalized, foreign-born resident of this Commonwealth, shall pay a license fee of ten dollars to the treasurer of the county in which he proposes to hunt, and the said treasurer shall thereupon issue to him a certificate, on forms supplied by the board of Game Commissioners of this Commonwealth, bearing the name and place of residence of the applicant, with his description as near as may be, which said certificate shall authorize the owner thereof to hunt and kill game in any part of this Commonwealth, during the period of that year when game may be legally killed, within the restrictions and with the weapons allowed by law; said certificate shall not be transferable, and shall be exposed for examination, upon demand made by any game protector, constable, or game warden of the State. One-half of the license fee so received by any county treasurer shall be retained by him, for the use of the county wherein the same is paid, and the remaining one-half of said fee shall be forwarded by him to the State Treasurer, in the same manner and for the same purpose as is now provided by law in the case of fines or penalties recovered for violation of the provisions of any of the sections of an act, entitled "An act to provide for the protection and preservation of game, game quadrupeds and game birds, and song and insectiverous birds," approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. All fines and penalties recovered for violation of the provisions of this act shall be distributed as are fines and penalties collected for violation of the said act of June fourth, one thousand eight hundred and ninety-seven.
Section 2. Possession of a gun, in the fields or in the forests or on the waters of this Commonwealth, by an unnaturalized, foreign-born resident or a non-resident of this Commonwealth, without having first secured the license required by this act, shall be prima facie evidence of a violation of its provisions; and any person so offending shall be liable to a penalty of twenty-five dollars for each offense, or in default of the payment thereof, with the costs of prosecution, to suffer an imprisonment in the county jail for a period of one day for each dollar of penalty imposed, unless he or they shall into good and sufficient recognizance to pay said penalty and costs within a period of ten days from the date of conviction, or enter into recognizance to answer said complaint, on a charge of misdemeanor, before the court of quarter sessions of the peace of the county where said offense is charged to have been committed; which court, on the conviction of the defendant or defendants, and failure to pay the penalty or penalties imposed, with the cost of prosecution, shall commit the said defendant or defendants to the jail of the county for a period of one day for each dollar of penalty imposed.
Section 3. All officers of the Commonwealth whose duty it is to protect the game of the Commonwealth, shall have power to seize all guns and shooting paraphernalia, and game in possession or belonging to the suspected parties, within the Commonwealth. The game, upon conviction of the parties so arrested, shall be forfeited to the State, and forwarded by said officer to the most convenient public hospital, for the use of the sick or injured therein; and the guns and shooting paraphernalia held, subject to the payment of the penalty or penalties imposed, with the costs of prosecution; and in the case of default of the payment thereof for a period of five days from the date of conviction, unless appeal be taken, to advertise the same by public handbill, not less than five in number, conspicuously displayed in the borough or township where the conviction was secured, and after the lapse of ten days from the date of advertising, to sell said guns and paraphernalia at public auction. The fund thus realized shall be applied, first, to the payment of costs incurred, then to the payment of the penalty imposed, and the remainder, if any, shall be returned to the owner or owners of the property so seized and sold: Provided, That the fact that imprisonment is suffered by any person convicted of violating the provisions of this act, shall not prevent the sale of all guns and hunting paraphernalia so seized, and the application of the fund thus realized to the purposes before mentioned.
Section 4. "An act requiring non-resident gunners to secure a license before hunting in the Commonwealth of Pennsylvania, and providing penalties for violations of its provisions," approved the twenty-fourth day of April, one thousand nine hundred and one, be and the same is hereby repealed.
Description
Categories
REGISTRATION