The home journal. (Winchester, Tenn.) 1858-188?, 1877-04-05
THE FISH LAW.

AN ACT for the Protection OF Fish in the
Counties of Robertson. Montgomery,
Maury, Gibson, Madison, Stewart,
Franklin, Loudon. Monroe, Hawkins
Henry and Crockett, Tennessee.
SECTION l BE it enacted by tie
General Assembly Of the State of Ten
nessee, That it shall not be lawful tor
any person or persons to catch or take
fish with SENS, nets, traps, gigs, or by
any other means whatsoever, other
wise than b> angling with hook and
line and with trot.Iine, from the water
OF any rum ng stream in this STATE,
and in cast vt Il violation OF .he above
provision, the proprietor or proprie-
tors Of the land covered by or adjoin-
ing the waters wherein said Olfcnsr
shall he committed. may have a remeay
by action at law, or by n bill IN Chan
Gerry and Injunction, and in either form
of action may have an attachment to
attach the SENS, nets, traps or other
devices provided against 10y this sec
ton, aud in Chancery any number 81
such proprletors may join in the hil
agains' any number Of such trespasers,
ami the bill shall not he dismissed for
muliitaIi0usness
SEC. 2. BE it further enacted, That
it shall not he lawful for any person or
persons, to place across any stream in
this State near its mouth or opposite
thereto, any seine, net, ira p, or other
device, which would prevent the ire"
passage Of fish up or down the same,
provided this shall not interfere to
prevent the erection Ofdams for mill,
A violation Of any OF the provisions OF
this act is hereby declared to be a
misdomranor. Nothing in this act
shall he understood to forbid the use
Of a hand or minnow net in taking
small fish. to be used for halt in ang-
ling or trot line as before provided.
SEC 3. Be it further enacted, That
1t shall be the duty Of the Judges OF
the Criminal and Circuit Courts Of the
State to give this act in special charge
' to the grand juries at each term 0rthelI
respective courts, and the grand jurles
shall have the right and power to send
! for and examine witnesses in sill cases
when they suspect a violation Of this
t act, and any II Of the grand jurors
/ shall have the power to swear sncl
witnesses and the jury may make pre-
! ..,X,,,,N ,,N tIatr tAlIItnnnu
| SEC. A. Be it further enacted, Tha
prosecutions under this act may b'
sustained by Indictment without any
prosecutor, The provisions of this
act shall not apply to n~avigahle stream
, in this State, below the point oil navi-
cation.
] SrC. 5. Be it further enacted. Tha
! this act shall apply to the counties o
Robertson, Montgomery, Maury, Gih'
son, Madison, Stewart, Franklin, Lou
don, Monloe, Hawkins, Henry an
I Crockett. Provided, that that portion
| of Crockett county formerly helongln!
to Dyer county shall he exempt from
the provisions of this Act.
SEC u. BE 1t further enacted. Ina
all lawa in conflict with this Act be
aud the same are hereby, repealed, an,
that this Act shall take effect from ant
t after its passage, the public welfare re-
r qniring it.
Passed March 10, 1877.
HUGH NJ. MCADoo,
Speaker of the Senate.
i EDWIN Il. TALIAFERRo,
Speaker Of the House Of Rep.
Approved March 81, 1877.
a JAS. ID. PORTER, Governor.
|, G. N. Gibbs, Secretary Of State o
y the State Of Tennessee. do certify thu
foregoing to be n correct copy of al
Ac: of the Fortieth General Assembly
Of Tennessee, the original OF which i!
now on file in my office.
+ CHAs. n. GIBBS,
Secretary of State.