Commonwealth v. Allen

Citations

• 36 Pa. Super. 220
• 1908 Pa. Super. LEXIS 141

Syllabus

<p>Fish law — Illegal device — Fish basket — Eels—Act of April 27, 1903, P. L. 319.</p> <p>Substituting a wire screen for slats in an eel basket, and having three-fourths of the bottom a permanent construction and immovable, is a violation of the Act of April 27, 1903, P. L. 319, which provides “that every basket so used shall be made of slats not less than one-half inch apart with a movable bottom which shall be taken out of each basket, so used, at sunrise, and be kept out until sunset.”</p> <p>' While the Act of April 27, 1903, P. L. 319, repealed all acts or parts of acts with which it is inconsistent, it must be treated as a part of the general system of regulating the catching of fish in the public waters of the commonwealth, and, as such, to be construed with the Act of May 29, 1901, P. L. 302, which by its title declares the species of fish which are game fish, and the species of fish which are commercially valuable for food, and also regulates the catching, and encourages the propagation of the same.</p> <p>To admit the use of an unlawful device, and at the same time contend that' the act was not violated because the fish taken were not of the species of game or food fish, is not consistent with the doctrine of the decided cases.</p>