Chap. 229.—An ACT to prevent the destruction of fish and prevent
the obstruction of the free passage of the same in Dan river at or
near Danville, Virginia.

Approved May 14, 1887.

1. Beit enacted by the gencral assembly of Virginia, That
the owners of the water power and dam across Dan river at
Danville, Virginia, shall within six months after the passage
of this act be and they are hereby required to provide said
dam with a fish ladder, in addition to the one now in said
dam, of not less than eight fect in width, known as the
McDonald fish way, so that fish may have free passage up
and down said river all tho year, except as hereafter pro-
vided. Said fishway provided for in this section shall be so
constructed that the lower end or mouth thereof, if the same
be made parallel with the current of said river, shall not be
lower down the stream than the dam is at the place where
the same is constructed. And if said fishway shall be con-
structed in any other direction, then it shall be so made that
the lower end or mouth thereof shall not be more than ten
fect lower down the stream than the main dam is at the point
where said fishway strikes the bed of the river: provided
that if at any time except during the months of March
April, and May of each year, the water in said stream shall
on account of drought, fall so low as not to run over saic
dam, then the fishway provided for in this section may
during the continuance of such low water, if necessary fo:
the operation of machinery run by water power, be shut dow,
and closed. |
2. Said owners of said water power shall not remove or
in any way interfere with the McDonald tishway heretofore
already provided for said dam, but shall be required to keep
the same in good condition and repair.

3. For any failure or refusal to comply with the provisions
ot this act, the owners of said water power and dam shall
forfeit not less than twenty dollars, to be recovered by mo-
tion or information in the corporation court of Danville
aforesaid, and in case of such failure or refusul it shall be the
duty of said corporation court after due notice to said owners
and satisfactory proof of such failure or refusal, to have said
fishway constructed or restored at the expense of such
owners.

4. It shall be unlawful after the passage of this act for any
person or corporation to catch or take in or from said river
between the upper end of Yarbrough’s mill and one hundred
feet ubove the dam across Dan river at Danville, fish of any
kind whatever, by means of traps, nets, gill-nets, scines, trot
lines, gigs, grab-hooks, or in any other way or manner what-
soever, or to catch or take in or from said river between the
mouth of Pumpkin creck and Yarbrough’s mill, fish of any
kind whatsoever by meansof nets, gill-nets, seines, trot lines, or
gigs, OF in any other manner than by ordinary hook and
line, except that on the north side or bank of said river be-
tween the mouth of Pumpkin creek and Yarbrouvh’s mill,
fish may be caught by traps within one bundred feet of the
water’s edge at ordinary flow on that side, and on the south
side of said river below where the tail race of the riverside
mills empties into said river traps may be placed within one
hundred feet of the water's edge at ordinary flow on that
side. But nothing in this section shall be construed to aps
ply to said river below where Pumpkin creck empties therein.
And all traps, nets, gill-nets, trot lines, and other appliances
for catching fish of any kind whatever, shall be forthwith
removed from said river within the prescribed localities afore-
said. Any person or corporation violating or failing to com-
ply with any provision of this section, shall, upon conviction
thereof before any justice of the peace of Danville or North
Danville, if within the jurisdiction of the corporation court
of said town, or any justice of the peace of Pittsylvania
county having jurisdiction where such violations or failures
may take place, be fined not less than twenty dollars for each
offence, and one-half of such fine shall be paid by the officers
collecting the same to the informer.

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