Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-05-04
80 FIsH RTLL.

SgAnldhAAr anu I6ctAfDN tAS slSisettAAS Va WIG
Governor Its provisions are of importance
to our people as they embrace the Raystown
Branch of ihe Juniatia mp to the Borough
of Bedford all owners of dams below this
point viii be obliged to comply with its
acquisitions.
AN ACT relating to the passage Of fish in
| the Susquehanna river and certain o fits
/ tributaries.
SECTION /. Be Il enacted, etc, That it
shall be the duty of such persons, corpora
ton or cor poratlons, having and maintaining
any dam or dams, weir and weirs, or other
artificial obstruetions, OF what kind soever,
now constructed, or which may have and
maintain dams, weirs, ct cetera, as aforesaid
| which may hereafter be constructed on the
Susquehanna river, and the two branches
| thereof, that is to say, ffom the line Of the
State of PENNSYLVANIA, on the North Branch
| thereof and from Patchenville, on the West
Branch thereof, and the mouth of Bennett
Branch, on its Sinnemahoning tributary,
into which the said Benefits Branch falls
down to, and by the main stream thereof,
to the Maryland line, and on the Junlata
river and the Raystown Branch thereof,
| from Hollidaysburg and Bedford to the Sus-
| quehatiha river at Duncannon or Duncan's
| island, and the SwaraTa and Little Swatara
creek, so far as they are declared public
highways, from the entrance Of the Swatara
creek into the, Susqnehanna, to make, MAIN
| tain and keep up, at each of said dams,
weiTs or other artificial Instructions, sluiee
or sluices. weir or weirs, or other device or
devices for the free passage of fish and
spawn up aud down the stream, whether in
the form of steps or otherwise; the plan to
be taken from the plan or plans of similar
works or wers now erected and in practical
operation and known, by experience, to be
efficient, approved and successful for said
purpose in any of these United States, or
| in any other countries, the plans and con-
struction Of said works 60 be under the su-
peryision of a commissioner on the part of
| this Commonwealth, to be appointed, and
whose duties shall be prescribed as hereinaf-
ter provided
| TEC. 2. Within twenty days after the
passage of this act, it shall be the duty of
| the Governor to appoint suitable person
as commissioner who shall, be man of
known probiry and of experience as prac-
teal civil engineer, who shall, on or before
the first day of June next, fix and designate
the location of said weirs, steps, sluices or
othe1 devices, upon or attached to the said
dams, ct cetera; furnishing working plans of
the same to the owners, holders or proprie-
tors of said dams, ct cetera, as aforesaid, or
their legal representatives, having in view
| the best locations for said contriYances for
the Tree passage of fish and spawn up and
down the stream, the least interruption to
the navigation or injury to the schutes erec-
| ted thereon or therein for the running of
boats or RATS, the least injury to the dams
and the least expense in erecting and keep
ing up such devices consistent with the OBJ
jects in view, and fixing the length thereof,
which shall be proportional to the lengths
taken or used in the dam or dams, weir or
weirs, from which the plans shall have been
copied: and the decision of the commissioner
when approved by the Governor, ON any of
the subjects aforesaid, shall be final: it shall
be the duty of said commissioner, immedi-
ately after the first day of November next,
to inspect each of said dams and other devi-
ces, and if the sluices or other devices shall
not then have been made as directed by the
first section of this act, said commissioner
shall imme diately report the same to the dis
trict attorney of the county in which said
dam, ct eetera, is situated. who is hereby
required to prefer bill of Indictment before
the grand jury against said person or per-
sons, company or corporation, at the next
court Of quarter sessions thereafter, for main
tanning and keeping up public nuisance
and the duties of said commissioner shall
cease and determine on the first Monday of
December next.
SEC 3. Each and every of said persons
companies and corporations, maintaining or
keeping up any dam or dams on the rivers
| and streams aforesaid, as described in the
first section Of this act shall, before the first
day OF November next, make, maintain and
from thenceforward keep up the sluices and
passages for fish, as directed in said first
section, at the place and in the manner desig
mated by the commissioner, as referred to In
the second section of this act, and the tail
ure so to do shall be considered misde-
tmeanor on the part of said person or per-
sons, company or corporation; and the dam
so maintained and kept up contrary to the
provisions of this act shall be deemed and
taken to be public nuisance, and, on con
vletlon, SAID person or persons company or
corporation shall be fined in any sum not
more than twenty thousand dollars: and ii
the work shall not be perfected within thirty
days after the convictions aforesaid it shall
be the duty of the court in which said con-
viction shall have taken place, to issue a
writ, directed to the sheriff of the proper
county, commanding him to abate said dam,
or other structure or device, at the cost of
SAID person or persons, company OF corpora
ton, and the fine imposed and costs of
prosecution shall be collected out of any
property belonging to said person or persons
company or corporation within the State
including all corporate rights or franchises
SEC f. The commissioner required to be
| appointed under the second section of this
act, shall receive six dollars for each and
every day necessarily spent in performing
| the duties therein enjoined and required,
! proof thereof to be made to the Auditor
General, and be paid by the State Treasurer,
out of any moneys not otherwise appropria-
ted.
SEC. 5. 1t shall not be lawful for any per-
son or persons to spread, extend or place
any seine or other device across or in the
main channel of the Susquehanna river, or
other stream or streams designated or en-
braced In this act, whereby the fish or spawn
may be prevented from freely passing up or
i down the same, or to fish with any seine
within one-half mile Of any sluice or other
device erected for the passage of fish, as de-
scrlbed In said act, or draw any seine or net
in the main channel of the river or stream
within onehalf mile below any of said dams,
! or use any device or means to frighten the
fish, or otherwise prevent their free passage
up or down said sluice or passageway and
any person offending against the provisions
of this section, their aiders or abettors, shall
be guilty OF misdemeanor, and, on convic-
ton, shall be fined in any sum not more than