CHAP. 251.—An ACT to amend and re-enact sections 1, 2, 3 and 4 of
an act entitled an act to prevent obstructions to the free passage of
fish in the streams of the state, approved April 29, 1874.

Approved March 9, 1880.

1. Be it enacted by the general assembly of Virginia, That
section one of an act entitled an act to prevent obstructions to
the free passage of fish in the streams of this state, approved
April twenty-ninth, eighteen hundred and seventy-four, as
amended by an act approved March thirty-one, eighteen hun-
dred and seventy-five, and sections two, three and four of the
acts aforesaid, approved April twenty-ninth, eighteen hundred
and seventy-four, be amended and re-enacted so as to read as
follows :

§ 1. Be it enacted by the general assembly of Virginia, That
any canal company, public improvement company, any corpo-
ration, public or private, or any person or persons whatsoever,
owning or having control of any dam or other thing on any of
the rivers of this commonwealth above tidewater, which dam
or obstruction may interfere with the free passage of fish, shall,
within one year from the passage of this act, be required to
provide every such dam or obstruction with a suitable fish-lad-
der, known as the McDonald fish-way, so that fish may have
free passage up or down said rivers 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 restored in case
of destruction, and shall be kept in good repair.

§ 2. Any company, corporation, person or persons failing to
comply with the requirements of the first section of this act
shall forfeit five dollars for each day he or they may so fail or
refuse to comply therewith, to be recovered by motion or
information of any person before the county or corporation
court of the county or corporation wherein such adam or other
thing may be situated ; and in case of a failure or refusal of any
of the owners, or agents, or officers of the dams or obstructions
aforesaid to construct sluices, slopes or ladders as required, it
shall be the duty of the county or corporation court of the
county or corporation wherein such failure exists, after due
notice to the parties interested, and satisfactory proof of such
failure, to have the same constructed at the expense of the
owner or owners thereof. _

§ 3. It shall be the duty of the supervisors of each county,
and the members of the common council of each city or town,
by personal inspection of the dams and streams in their respec-
tive counties and corporations, at least twice a year, in the
months of April and October, to examine and see that the pro-
visions of the foregoing sections are carried into, effect.

§ 4. It shall be the duty of the board of public works of the
state to adopt the fish-ladder known as the McDonald fish-way,
and furnish printed instructions in regard to the erection of the
same, one copy of which shall be furnished to the president or
superintendent of any company in charge of such dams, and
one copy furnished to the clerk of each county or corporation
court, who shall keep it for the inspection of all persons desiring
anformation on the matters contained in this act.

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