Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-04-06

bly,, passed 23d January, 1909. en- itD.d
|" An taEt preventing obstru.lions 10 the
passage of fish dowa James RIVER With
a view to ascertain what power, parsons a.
present possess urder the various laws on
| this subject, Of putting trans, or erecting.
dams in Jsmes RIVER. Ih.ye coos6erea
the various aSts on the subi= I and will
proceed as eonciseiy as pos ,ible. 20 stare
nay OPTION, resulting from their examna.
ton. An aSt passe d on tn. 2f'h I,naary
1904, entitled /" "A al for mo eHs :tu
ally presensing the ne sage of fi.h nJaues,
River aNaNi's navigsbie btsnches. tn S
ACT imposed penalties 81 any person ~ho
shou.i ere 4, Or conbnns'any dam, hedge,
trap, wei., seine. dag. es other stnppa e ]
in James RIVER, and is navisable b,a,
chss, deciares suca rbs;euc ions TO be
nuIsances, and authorizes the surveyor
whose appointment is provided for, By
that act, o abais the SO ne. The grca
Object OF this sst appesys 10 have been +.
TO endeavor To preveat practices, ~hica'
tho legislature seem lo have supposed Cais
culated 10 hinder fish from passing us
the RIVER. The eighth section Of this law
however, expressly al,horises pera,ns to-
erect dams and traps, between the month ),
oil Sane and March. in each year, but eve.
~ person continuing auy dam or rap at
ter the first of March, vas subject 10 the
penalties of taa aSt for ;uch conGinw nee
On the 18Th Jan, 1909 an al passed en- !
titled Tan ,act preventing obYrdctol,
of Ash down ian,s River" The preim
bic TO ms ACT declares that whereas
- represented that ths destruction OF 6sh
in their passage do1a James River, ia
ring the sunnsr and fall seasons, b
mean, ofweirs, traps, hsi ye,, d4ms, dag. 1
and o,hsr i,oPpascs placed lnersIn, is a.,
evil OF growing masm ude." rhs 4 Il Sh-n
proceeds 90 declare, thas ifany person saali
theresttsr pace, Sc csise "a BE- PLACED
any of ths before de,cri15d o5ltru 3tions
% the passage Of 6sh doso Jaaes River
duiag the sumner and fail seasons Of
the yea, the pc son Of parsons, 80 afsa.
ding, siali DC liable % the sane peaaties.
aud toTtetures as are PIE scrio5d by toe
law, pceyen ing ina obsirsctions of iisa no
James Aver. rne ,act aIs1 makes Ii the
duty of the Surveyor, to aaa;s saca %.
s,ruStlons, al ara ia his ooi1on cMeul..
ted u p.eEent he passage of nan iowa.
tue River. Uadsr the Jaw frs, referred
% One act OF lso4l thsrs Appeared % d.
10 t,rnItatIon. an az Ind vida - rIgh, to
put dams or traps IA ia. utsr, except lha;
OF time S=Wseatlc Is. 0t Nara aai ne
LAT OF j une wild,a whlch periods, The &C
tee Was Pfohi0ited. Bs.1=e tue SC al
Jane, aadthe Isl Of MAr:h. The Law al.
lhoris es, hs erection of .raps and dans IL
ca.cii 6shs fns act Of Iaauasy 1893, pro
hibits the ere:tlon oil any such dam, d
\ ,f. .SLt III, D.
iaated to impede 6ih, from comidz dow
the river, oil watch LIE surveyor pAaadz
\ 'h= judge. This ac; doas MOI enl& Sc puI
dimInishes the rights given 4nd& tt% .cl
OF 1898. BY the lattes All l'ApSorj6am,
/ might DC er.cted, or continusU betwes ca
the I st of5a and the lat of Mafch, wish
| out restriction, the act of January 1905
| prohibits even within those peiods, sue
as were thought by the surveyor. cacu-
lated, no prevent the passage of Gsh dowl
James River. a All passed on this suo
(. jecl January, 1909, me pceanole to tns
aol, mentions taay application had bee
made to the legislatures, TO nend che &C
1 OF ths preceding session, so as 20 lmpls
some limit u arbitrary discretion gwen
The surveyor by tina, aSt. The assslnbt
lien 60 on to say "tha. if the owner of a
ny dam, or trap placed an James River
or the navIgabls wa,ers thereof for tn
purpose OF caicntng Asa, shaH on or befot
the FIRST day of September, Iemovs S
much of MS respective da ~ or dam.
a, shail leave the space of 40 feet, f. c
from distractions, eiihs 10 lae iavga,io,
Or the passage Of 6sh, or snail so cJnst u
MS or her uAP or traps as TO IsRve In
space of 3ne inch aud h4lB between IN
la,ns waich form the bosom thereof, IN.
asa and In that ca5es 1t shall MT b. Ia j.
f1l for the said surveyor to pull dow
remoVe the SANE, o:hsCW Sc thsy shall b
} liable TO thssIms penalties and forfeiture
as f Ihis act had not been mads." Ia
act CONTROLS the exercise OF ihR dlscre
ion OF the surveyor, aud provided ths fra
is left open or lbs dA a Constructed as tn
act prescfibes, on or Defers the LIST of SEP
tender, ne Surveyor cannot pull dow
such trap,sor dan, or does the party IN
cur any psoal'y the ACT of 1904 is n
az ali repealed oy the acl Of January, 1870!
no mo ,Han It was 0y the &C OF Janu
ry, 1905. Ths act of 1903 is ailI IN forct
aud at presen no person has right
erect, o. coidnus any dam or trap in Jane
ttIyer, or aly OF its navigaOie branches
"dIch Will oJslrucI the passage Of Ash