Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-04-20
\ dY opinion being asked by Mr..

N ~ i. ci,liiiOii OSiiiS oShIb ny -s2As
iva Ticker surveyor OF James River,-.-
The true construction OF the a6t Of Assem-.
bly,. passed esd January, 1909. entitled
- An aet preventing obstructions 10 the
passage Of FISH down James River" with
q view to ascertain VIVA, power, persons a.
present possess under the vafious laws on
this subject, of putting traps, or erecting
darn. in James River. Thave considered
-. the various acls on the snbjeSt, and will
p;oceed as conciscly as possible, 10 sta.e
my opinioa resulting trofn their examina'
ton. An a6 passed on the e4:h january.
1904, entitled g AnsaSl for moe effectu
ally preventing the passage Of hsh IN James
River and lis nasigsb;e branches. Thi,
acl imposed penalties on any person who
should erea, or cuniincc any dam, hedge,
trap. weir, seine drag, Or other stoppage,
in James River, and is navigablc braa.
ches, declares such obs;tlc.ions to be
naisanccs. and authorizes the surveyor
whose appointment Is provided for. by
that "a, to abate the same. The grea:
object of this aca appears to have been,
TO endeavor to prevent practices, which
the legislature seem To have supposed cal.
cula,ed 10 hinder fish from passing up
the siyer. The eighth section of this law,
however. expressly authorises persons 10
erect ,'>sns and trsps, between the month,
spf A.ne and March, in each year, but eve
my sberson continuing any dam or trap al
ter the FIRST of March, was subject to the
penalues of the act for such continuance
Oi, The 18Th ian. zoos an act passed. en-
titled Al act preventing obsiructons
OF Ssh down James River" The pream-
BIC 10 this aet declares that " whereas il
10 represented that the destruction OF fish
in their passage down lanes River, du
ring the summer and fall seasons, by
means ofweirs, traps, hedges, dams, drags.
aud other sioppages placed therein, i. an
Evil OF growing magnitude" The ash then
proceeds to declare, tina, if any person shall
thereafter place, or. cause to be placed
any Of the before described obstructions,
10 the passage of FISH down James River,
Guang the summer, and fall seasons OF
ihefysaf, the pc. son or persons, SO often.
ding. shall be liable to the same penalties.
and forfciturcs as are prescribed by the
law, preventing the distractions OF hsh up
James River. The at also mak-s it the
duty cf the surveyor, tn abate such OBJ
s.ruclions, as are in his opi'ion calcula
ted, 10 prevent the passagr. y. ish down
the River. Under the la,-Ne & referred
10 Che &C, OF 1909 there appeared 10 be
no limitation on an individual. right, to
put dams or traps in the river, except tha,
rs Iime. between the lst OF March and the
lst olJune, within which periods, the ptac.
,ice ~dssprohibiled. Between the Ist OF
Jupe, sud The IS, OF March, the law an
llorfzes, the erection OF Iaps, and buns to
CATCH fish The a6t of J.nuafy lsSS,\ pro
.h;hits the erection of any Such %ub or
oshtr obstsae!iouI which shSuidbe cklcu-
latsI 10 impede fish, from c1<nin9 dowr
the river, OF whitl the Surveyor Is made
the Judge. This T., doS not enlarge but
dsmioisires the rigAs given underline ael
OF 1904. BY the lad g. aet. traps or dams
R,ghl be err cted/2 continued between
tie Is, ofJane andthe u, Of March, with
on, iestticlioe, Ke &C, Janua y, 1905
rtohibi,s even&sttin thosS periods, sucn
as we're thought by the surveyor, caicu-
lated to prevent the passage OF Ash down
James River. An act passed on this sub
jed January, 1909, the preamble to this
ga, mentions that application had been
made 10 the Legislature, 10 amend the act
ci the preceding session, so as 20 impose
some limit 10 arbitrary discretion gwen TO
the surveyor by lha, aet. The assembly
then so on 10 say sthat if the owner OF a.
ny Geu, or tap placed in James River,
or he nayigable waters thereof, for the
purpose Of Catching fish, shali on or before
the FIRST day Of September, remove SO
much of his respective dam, or dams,
as shsil leave the space Of 40 fee, free
:-o1. Instructions, either TO the navigation,
or the passage OF fish, or shall so consttusil
his or her trap or 'raps, as TO leave the
SPACE 81 enc inch and half, between the
Ia as which form the bottom thereof, tina
IL and in that case, il shall not be- law
IT,, ios he said surveyor 20 pull down &
,tircge the sane, othsrwise they shall be |
lit DE 10 The sans penalties and forfeitures
a. Il this act had pcs been made" Thlsl
act oon.;ouls the exercise OF the discre
iiUn Citbe surveyor, and provided the trap |
b lei, cpen or tbs dAm constructed as this
sEi kTescfibes. co or before the 1st OF Sep. !
ilmher, the surveyor cannot pull down
sseb trap, or dam, nor does the party in.
tar say peusi;y. The sel Of 1904 is not
~ 81 repealed by the aei Of January, 1909
10 ino;s than twas by the act Of Janus-
r. I..r.a Z. r.