Chap. 126.—An ACT to prevent obstructions to the free passage of fish
in Smith’s river in the counties of Henry, Franklin and Patrick.

Approved March 3, 1880.

1. Be it enacted by the general assembly of Virginia, That
any person or persons, or company, owning or having control
of any dam or other thing across Smith’s river in the counties
of Henry, Franklin or Patrick, which dam or obstruction may
interfere with the free passage of fish up or down said river,
shall within twenty days after the passage of this act be
required to provide said dam or obstruction with a suitable
sluice, not to be less than five feet wide, so that fish may have
free passage up or down said river during the months of March,
April, May and June of each year ; and it shall be required of such
parties that the same shall be kept unobstructed during said
months so that fish may have free passage.

2. No person or persons shall at any time build any dam
more than half way across Smith’s river in the counties of
Henry, Franklin and Patrick, commonly known as fish-dams,
for the purpose of putting therein any trap, or traps, or nets,
fo catch fish running up or down said river; nor shall any per-
son or persons build more than one dam at any one fishery on
said river: that is to say, where one dam has been built from
‘ither bank to the middle there shall not be any other dam built
m the opposite side of said river at the same fishery.

3. Any person or persons offending against the first section
f this act shall, on conviction before any justice of the peace,
any court of said counties, pay the sum of five dollars
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for each day he or they may refuse or fai] to comply therewith,
not to exceed fifty dollars at any one prosecution; and any
person or persons violating the second section of this act shall,
on conviction thereof before any justice of the peace or court
of said counties, forfeit and pay the sum of twenty dollars for
each offence, and the dam shall be broken down and the traps
or nets destroyed, and the expenses of breaking down and
destroying the same shall be collected from the parties asa
part of the cost of prosecution.

4. All fines and forfeitures incurred under this act shall,

, when collected, be paid to the clerk of the court, and by him

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paid over to the county treasurer, who shall credit it as a part
of the school fund of said county.

5. All acts and parts of acts inconsistent with this act are
hereby repealed.

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