Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1877-04-12
AN ACT

To kEHCFE INSTRUCTIONS FROM AND To
rRovlDE FOR THE PASSAGE OF YssH
IN TIg CATAwBA AND 1ADkIN
RIVERS.
The General assembly of North Caro-
Tina do enact:
Section /. That no person shalt
place or allow to remain in the Co
tawba River between the South
Carolina line and that point on said
River nearest Old Fort i'm Mcdowell
county; nor in the Yadkin or Pee
Dee Rivers from the South Carolina
line to Patterson's Factory in Cald-
we'll county. any obstruction whatever
to the free passage for fish, (unless
such obstructions shall leave a :ree
and open passage of fish Of not more
than seventy five nor less than thirty
feet at any one point, or in case it
may be necessary to have more than
one such passage in the same dam,
then all openings not to exceed one
hundred feet; and where there may
be such obstruction on both sides Of
any Island or Shoal belonging 10 the
opening of said dam or shoal shall be
as above prescribed in both channels,)
under penalty of fifteen dollars for
every day that such obstruction is
allowed to remain; one half to the
party suing and the other to the
School Fund of the county wherein
suit is brought.
| Sec. 2. That at anv time or on an
plcation of five or more responsible
citizens, tue County Commissioners
of aEy county bounded by either of
said Rivers, or through which they
may run, or either of them between
the points named in section l of this
| Act, shall examine any Gam in said
Rivers and after written notice to the
parties interested. shall decide what
would be suitable fish way in said
DAM. The owner or owners of any
dam shall construct such fish way as
may be described and required by the
County Commissioners and on fail
ure to comply with such requirements
the said owner or owners shall be
guilty of misdemeanor, and on con.
yiction shall be fined one hundred
dollars per day for every day that
said dam or obstruction is permitted
to remain without such fish way.
Sec. 3. That if any person or per-
sons shall place any impeachment in
or near such fish way, that may him
der or obstruct the free passage of fish,
such person or persons SO offending
shall be deemed guilty of misde-
mcmor, am! on conviction shall be
fined not less than one hundred dol
lars nor exceeding five hundred dol
lars, or may be imprisoned not
exceeding thirty days, or both, in the
discretion of the Court, for each
offense.
Sec. 4. That any person or persons
who shall take any scaled fish from
the waters of said rivers by any
means except hook and line, during
the spawning season, to-wit, from tho
1st day Of May to the 10th day of
June in each and every year for the
period of two years, shall be deemed
guilty of misdemeanor, and on
conviction shall be fined not less than
one hundred dollars, nor more than
three hundred dollars, or may be
imprisoned not exceeding thirty
days, or both, in the discretion of the
Court, for each offense.
Sec. 5. That whenever any person
shall decline to remove the obstruc-
tions which prevent the free passage
of fish on said rivers on account of
any claim to the ownership of the bed
or channel of the said rivers, and if
for any Cause the same cannot be
purchased from the owner at a reason
able price, the county Commissioners
of tue County wherein the said own.
ers' land is situated shall condemn
the same as follows The Sheriff or
Shcritfs of the county or counties IN
which the bed or channel of the river
proposed TO be condemned shall be
| situated, shall, at the request of the
5 Commissioners Of the county or coun'
ties, summon five disinterested free
5 holders who shall ascertain the value
of the property so proposed to be
condemned, under oath, to he admin
2 istered by any Justice of the Peace
ana upon payment or tender by said
Commissioners CT the amount SO asses
sec, the title of the property SO con
demned and appraised, shall forever
be vested in the State Of North Caro-
liEa. and hereafter no person shall bt
permitted to enter or otherwise obtair
a title to any portion of the bed O.
channel Of said river.
Sec. G. That oil laws or clauses o
laws in conflict with the provisions o
! this act are hereby repealed.
Sec. Z. That this act shall take
e effect from and after tie first day O
L May. A. d 1877.
? Raleigh Observer A small mum
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