Chap. 313.—An ACT for the protection of fish in Frederick county.

Approved February 20, 1894.

1. Be it enacted by the general assembly of Virginia, That it shall
be unlawful for any person to catch or destroy, or to take any fish
in or from any of the waters of any stream in the county of Fred-
erick by means of any seine or net, or trap of any kind, or by any
other means whatsoever otherwise than by angling with a hook and
line, for a period of six years from the passage of this act: provided
that none of the provisions of this act shall hinder or prohibit the
commissioners of fisheries or their agents from catching or taking
fish from any of the waters of said county at such times and by such
means a8 may seem proper to them: and provided, further, that
nothing in this act shall be understood to forbid the use of a min-
now-net in taking small fish to be used for bait in angling.

2. It shall be unlawful for any person to kill or capture mountain
trout (salmo formalis) in any of the waters of said county between
the fifteenth day of September and the first day of April of each
year by any process or means whatsoever, nor at any other time, ex-
cept by angling with hook and line. Nor shall it be lawful to kill
or capture any river bass (commonly called black bass or black
perch ) in said county between the fifteenth day of May and the first
day of July of each year, nor at any other time, except by angling
with hook and line. Nor shall it be lawful to shoot or spear, or
catch with drag-hooks any species of fish in the waters of said
county at any time.

3. It shall be unlawful for any person to have in his possession
during the time in which the taking of the same is forbidden in the
preceding section any fish therein forbidden to be taken, or to bu
or sell, or to make any use of such fish within said forbidden period,
under the penalties of this act; and said possession, sale or use shal]
be deemed prima facie evidence of its violation.

4. It shall not be lawful for any person or corporation to use fish
berries, lime, giant powder or dynamite, or any other explosive ar-
ticle, in the waters of said county for the destruction of fish, and any
use of the same in said waters shall be deemed prima facie evidence
of the violation of said law.

5. Any person or corporation offending against the preceding sec-
tions of this act shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be fined in the sum of twenty dollars for
each offence, and shall be imprisoned until such fine is paid, but
not exceeding thirty days; and it shall be the duty of the sheriff of
said county to prosecute the offending party promptly and vigorously,
and in every case of willful failure to perform this duty, he shall,
on complaint by any person to the county judge, be fined not less
than ten dollars nor more than twenty dollars. In addition to the
penalty above specified, the offending party shall forfeit all boats,
nets or other illegal contrivances, pay all costs of suit and the
charges incident to the capture of said illegal contrivances.

6. It shall be the duty of the county judge of said county to give
this act in charge to every grand jury, whose duty it shall be present
every infraction thereof, and the commonwealth’s attorney for said
county shall diligently prosecute every such violation of this act.

7. All acts or parts of acts in conflict with this act are hereby
repealed.

8. This act shall be in force from its passage.