Chap. 112.—An ACT for the Protection of Fish in Smith’s River, in the
County of Henry.

Approved March 6, 1873.

1. Be it enacted by the general assembly of Virginia, That
no person shall hereafter draw or haul any seine or net, or
shall fish with any gig or other instrument, except a hook and
line, in Smith’s river, in the county of Henry, for the purpose
of taking fish therefrom, at any time from the first day of April
until the first day of September in any year.

2. Be it further enacted, That no person shall at any time
build any dam across Smith's river, commonly known as fish
dams, for the purpose of putting therein any trap or net to
catch fish, either running up or down said river ; nor shall any
person put in said river any obstruction of any kind, so that
fish may be taken therefrom at such obstruction in any manner.

3. Be it further enacted, That it shall be the duty of the
owners of mill dams, built across Smith’s river, to at once con-
struct and put in their said mill dams suitable shoots, slopes,
sluices, or fish ladders, so that the fish may have free and un-
molested passage up and down said river, and to keep the same
at all times in good repair.

4. Be it further enacted, That any person offending against
the first section of this act shall, on conviction thereof before
a justice of the peace, forfeit and pay the sum of ten dollars for
each offence, in addition to which penalty the net or nets em-
ployed and used shall be forfeited and sold, the proceeds of
sile to be applied as hereinafter provided; and any person
violating the second section shall, on conviction thereof before
a justice of the peace, forfeit and pay the sum of ten dollars,
and the dams shall be broken down, and the traps or nets de-
stroyed, and the expenses of breaking down and destroying the
samme shall be collected from the party offending as a part of
tle costs of prosecution.

5. And be it further enacted, That it shall be the duty of
the township supervisors to see that the provisions of the
sccond and third sections of this act are properly enforced by
1 carefil inspection of the river and dams thercon, to be made
in the months of April and September in each year ; and if any
owner of any mill dam across said river shall neglect or fail to
comply with the provisions of the third section of this act, the
said supervisors shall at once report the matter to the county
court of the said county, which shall cause the necessary
shoot, slope, sluice, or fish ladder to be constructed, and col-
lect the costs of the same from the owner of the dam, adding
fifty per cent. to the same as damages; and after the shoot,
slope, sluice, or fish ladder shall have been constructed to any
dam, any person who shall put any net or trap above or below
the same, or fish with a net above or below the same, shall,
upon conviction of the offence before a justice of the peace, for-
feit and pay the sum of ten dollars for each offence.

6. All fines and forfeitures incurred under this act shall,
when collected, be paid to the clerk of the court, and by him
paid over to the county treasurer, who shall credit it as a
part of the school fund of said county. |

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