Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-04-13


Gieirue construction OF the act of Assem-
bly,. passed Esd January. 1909, emitted
IS An aes preventing obstruc,icns 10 The
passage OF fish down James River" with
view TO ascertain what power, persons a
present possess under the various laws on
this subject, of putting traps, or erecting
dams in James RIVER have considered
the various acls on the subject add will
proceed as conciseiy as possible, 10 stare
my opinion resulting from, their exam;na'
,ior. An aSs passed on the 2s,h January
1904, entitled F" An aea Tor more effeStu
ally preventing the passsge of h>h IN James
River and its na.irsbie branches. his
asl imposed penalties on any person who
shoula ere&, o. canlinue any dam, hedge,
irer. weir, seine dsap, OF other stoppage.
in james Il YER, and j 5 Dayigablc bran.
ches, declares such obsirucuons to be
pslisauces. aud au,horiscs the surveyor
whose appointment is provided Tor, by
thai q 10 aba.c the same. The grea
otie-t of his a6l appears to have been,
TO ei.,'eayor to prevent practices. which
the legislsiure seem tohave supposed cal.
cu.a;ed 10 hindsr Ash from passing W
Tie river. The eighth section of this law.
however, expressly au,horises persons 10
ersct dana, aud traps, between the month,
ui J.iae and March, in each year, but evs-
~ person continuing any dam or Trap al
Ter the FIRST of March, was subject TO the
penalties os the act for suoh continuance
Ol. the 18Th Jan. 1908 an act passed ell
t,led An act preventing obs.ructions
of ;>h down James River" The presm-
he to this act declares that "whcress il
is reere .enicd that the destruction oil fish
ia ,her pas sage down James River, dn
ring the summer and fall sea2ons, b.
means OF weirs, traps, hedges, dams, drag..
md oii,er stoppagcs placed therein, ID an
evil OF growing magnitude" Ths act then
proceeds to declare, tina; if any person shall
thereafter place, or cause to be placed
eny Of the before described obsnucl,ons
10 tie passage of FISH down James River
su.icg the summer, and fail Seasons Of
The yeas, 1.-The person ar persons, SO often.
dine. shall he liable To the same penal, les.
lni for!eItures as are prescribed by the
aw, preventing the obs'ruciions OF Gsh up
a;nes River. The All also makes it the
u;y az The surveyor, to abate such OBJ
uruc,ions, as are in his opiaion caicula.
ed, to prevent the passage OF FISH dcwn
Re River. Under tho law first referred
- [the act of 1909 there appeared 10 be
70 Limitation on an individuals righ', TO
PUT dams or traps il the river, except tina.
Of lime, between the ist OF March and the
IS, ciJene. within which periodic, the pFac
ice 9as prohibited. Between tho lst OF
June, and The ist of March, ths law su-
ihor:zcs, Inc erection ef traps and dams to
catch fish. The a6t Of January 1903. pro.
lIbxs the erection of any such dam OF
other obst:dGton, which should bs ca!cn.
'e,ed 10 impede fish, from co,ang down
he river, OF Which the surveyor IS made
'hc Judge. This act does not enlarge. on,
dirrinishes the rights giSea under tho aG!
VI lao+. BY the LATER sct irsps or dams
might be eFecled, or continued between
the Isl oiIune and The 1sl Of a;arch, With
cut restriction, the acl Of Jsnua,y, 1908
rsohibi,s even within those periods, such
az 9efe though; by the surveyor, caieG.
lated 70 prevent the gsssage OF EsH dawn
James River. An act passed on TINS sub
jeel January, 1863, The preambls 10 this
otD, m5esioDs that application had bzeH
N, de 10 HE legislature, To amend th2 aGt
Of he preceding session, SO IS 10 impose
some lroi, to sibjIgay discretion gwen 70
The surveyor By thal ncl. INC asss n.bly
Il en- 90 on TO say "thsi If The over OF e.
Try dam, Or tap rIaced in Jamss River,
CT The nssigabe wa:ecs taereef, for the
puifose OF ca,ching ash, shall on or before
he first tsy OF September, remove so
rnnoh Of hs respective dam or dams
az shall leave the space OF 50 fee, free
Ruir oEstruc ions, CT hef Ia The nayca,ion-
or the passage oi -ah, or shall so constius q
his or hcr ,rsp or traps, as 10 leave the
pace OF csc ipCh and half, between The
'e,i,s which iorm The bottom thereof, tina.
then and in that casa, Il shall nos be lac.
!ui loo Ike SAID sutseyor to pull down x
Grove he same, otherwise they shall be-
,.ble 10 The sem petal iSs and Iorfctures
as if ,his aGt had not been msde." The
act ccntsocis me exercise OF the dscfe
ion 81 ths Surveyor, and provided the trap
IS lei; open OF the dam constructed as this
.ci rtescrjSes, on OF before the 1st Of Sep
,e,Gbsg, lie surveyor caGnot pull down
such irsp, or dam, nor does the party in
cur say penaity. The act of 1904 is no
Ell repealed by the Eet Of January, 1908, ,
no moie ltan il was by the act OF Janue-
y, l6C3. . lie &C, Of 1904 is still ia force,
sId ., present no person has a right to
eject, o. Continue any dam OF tran in James