The Portland daily press., 1870-04-16
CHAPTER 15S.

~
AN ACT to amend an act entitled can Act to regu-
late the river and interior fisheries" approved
March twelfth, eighteen hundred and sixty-nine
SECT. l. Section four of chapter seventy of the
public laws of eighteen hundred and sixty nine is
amended by adding at the end of said section the
words, provided that in case of disagreement be-
tween the commissioner of fisheries and the owner of
any dam as to the propriety and safety of the plan
submitted to the of dam for the location
and the construction of the ishway such owner may
appeal to the county commissioners of the county
where the dam is located if he does within thirty
days after notice of the determination of the COM
missioner or person authorized by him. and not 9th
erwise, and at the request OF the commissioner of
fisheries, the senior commissioners in office of any
two adjoining counties shall be associated with them
who shall appoint time to view the premises and
near the PARTIES and shall give due notice thereof:
and after such hearing they Shall decide the question
their decision shall be final as to the plan and loca-
ton appealed from. If they decide against the own
er their cost shall be paid by him. otherwise by the
county" SO that said section amended shall read
as follows: .aus
SECT. T. Every dam or other artificial obstruction
in any river or stream naturally fequented by salmon
shad or aewives shall be provided by the owner or
occupant thereof with a durable and efficient fish
way of such form and capacity and in such location
cries or by any person authorized by him to determine
the same 1t shall also be incumbent the owner or
occupant OF the dam to keep the tshway in repair
and open and free from obstruction for the passage
OF fish during such times may be prescribed by
law; provided that in of disagreement between
the commissioner Of fisheries and the owner of anv
dam as to the propriety and safety Of the plan sub
mitted to the owners Of such dam for the location
and construction OF the shway, such owner may ap-
peal to the county commissioners of the county where
the dam is located ii he does so within thirty DAYS
after notice of the determination of the commissioner
or person authorized by him. and not otherwise and
at the request OF the commissioner of fisheries the
senior commissioners in office Of any two adjoining
counties shall be associated with them who shall an
point time to view the premises and hear the parties
and shall give due notice thereof and after such hear
ing they shall decide the question submitted and
cause record to be made thereof and their decision
shall be final as to the plan and location appealed
from. II they decide against the owner their cost
shall be paid by him, otherwise by the county
SECT 2 All orders issued by said commissioner
tor opening fshway in any dam and not vet COM
piled with, are suspended during the time allowed by
TINS act tor an appeal and no longer, and within
such dam may make his appeal to the county COM
mssioners as provided in the preceding section;
they affirm the order Of the commissioner on fisher
les, they shall fix the time not longer than six months
in in which such ishway shall be completely but if
SECT. 3. This act shall take effect when approved
lApproved March 81, 1901