Chap. 394.—An ACT for the Protection of Fish in the Middle Fork of
Holston River, in Smyth County.

Approved April 2, 1873.

1. Be it enacted by the general assembly of Virginia, That :
no person shall hereafter draw or haul any seine or net, or fish
with any gill net or floating net in the middle fork of Holston i
river, or the waters thereof, in the county of Smyth, for the
purpose of taking the fish therefrom at any time from the first I
day of April until the first day of July in any year.

4. Be it further enacted, That no person shall at any time ;
build any dam across the middle fork of Holston river, in %
Smyth county, 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 or its waters; nor shall any person put
in said river or its waters 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 shal) be the duty of all
owners of mill-dams built across the said river, or the waters
thereof, in the county aforesaid, to at once construct and put
in their said mill-dams suitable shoots, slopes, sluices or fish
ladders, so that the fish may have free and unmolested passage
up and down the 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 dol-
lars for each offence, the proceeds to be applied as herein-
after 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 destroyed, and the expenses of
breaking and destroying the same shall be collected from the
party offending as part of the cost 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 se-
cond and third sections of this act are properly enforced by a
careful inspection of the river and waters, and dams thereon
in said county, to be made in the months of April and Septem-
ber in each year; and if any owner of any mill-dam across the
said river, in said county, shall neglect or fail to comply with
the provisions of the third section of this act, the said super-
visors shall at once report the matter to the county court of
Smyth county, which shall cause the necessary shoot, slope,
sluice or fish ladder to be constructed, and collect the cost of
the same from the owner of the dam; and after the shoot, sluice
or fish ladder shall have been constructed to any dam, any per-
son who shall put any net or trap above or below the same, or
fish with a net above or below the same, shall, on conviction
of such offence before a justice of the peace, forfeit and pay
the sum of ten dollars for each offence.

' 6. All the fines and forfeitures incurred under this act shall
be appropriated to the fund for the support of the poor house
of said county. :

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