Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1891-07-16
BETHEL HOME NEWS.
The Fishing Law.


II appears that there is a wide difference
of opinion as to whether there is any law
on our statute books now in force requlr-
ing that a trout must be 6 in. in length in
order to make him legal catch.
Complaints have been entered for vlo-
lation of the law in some parts OF the state
and the State officer refused to prosecute
upon the ground that there was no such
law in force, in other parts OF the state a
fine has been imposed. Who knows wheth
er we have such law or not?
Previous to 1883, sect. 1872 1.-THE section
in question: of the Revised Laws read as
follows: "a person who takes or catches
trout, landlocked salmon, salmon trout or
longe in any of the waters Of the state, or
has in his possession any such fish captur-
ed in the state, between the first day OF
September in one year and the first day OF
NAV of the next year, shall be fined not
more than ten dollars for each fish SO TAX
en-, caught or possessed" The General
Assembly in 1883 enacted the following un
der the following title:
rNo, 1913, An Act in Amendment OF section
three thousand eight hundred and sew
enty two OF the Revised Laws in rela-
ton to the protection OF fish,"
1t is hereby enacted by the General AS
sembly of the State OF Vermont,
Sect. 1. Section three thousand eight
hundred and seventy two of the Revised
Laws is hereby amended SO as TO read as
follows:
A person who takes or catches trout,
land locked salmon, salmon trout, or ION
pc in any of the waters OF the State, or has
in his possession any such fish captured IN
this State, between the first day of August
in one year and the first day OF April In
the next year shall be fined not more than
ten dollars for each fish so taken, caught
or possessed.
Sect 2. A person who takes or catches
from any of the waters OF this State,a trout
land locked salmon, or salmon trout, less
than six inches in length, and does not i'm
mediately return the same with the least
possible injury to the waters from whence
1t was taken or caught, or has IN ms pos
session any trout, land-locked salmon, or
salmon trout, less than six inches in length
caught or taken from any of the waters oil
this State, shall be fined not more than ten
dollars for each fish so taken, caught or
possessed; and the possession OF any such
fish shall be prima facie evidence that the
same was caught or taken from the waters
of this State.
Approved NOV. ~, 1850.
In 1890 the General Assembly enacted the
following under the following title:
fsNo. SO. An Act in amendment of section
three thousand eight hundred and sew
enty two of the Revised Laws in rela-
ton to the protection OF fish.
It is hereby enacted by the General AS
sembly OF the State of Vermont:
Sect. 1. Section three thousand eight
hundred and seventy two of the Revised
Laws is hereby amended so as TO read as
fOllOws:-
A person who takes or catches trout,
land locked salmon, salmon trout or longe
in any of the waters Of this State, or has IN
his possession anysuch fish captured in TINS
State, between the first day Of september
in one year and the first day OF May in the
next year, shall be fined not more than ten
dollars for each fish so taken, caught or
possessed.
Sect. 2. All acts and parts OF acts incon-
sistent with this act are hereby repealed.
Approved Nov. 4, 1890.
Now how does this leave us? We have
certain section of the Revised Laws, No.
1872 that previous to 1883 reads in certain
way, in 1855 it is amended to read different
ly and in 1890 it is again amended, as the
Act saws, so as to "read as follows:n
Well, after it is amended in 1890 so as to
tread as follows is or isn't that the law
as it now stands?
Some lawyers and good lawyers too,-
good in the sense Of knowing the law
say that when the Act OF 1890 was passed
it only repealed the first section of the act
of 1855 and that the second section Of the
Act of 1855 not being inconsistent with the
Act OF 1890 it is still in force. Others say
that Sect 1872 as amended in 1890, and as
il reads is all the law of said section 3s72
now in force.
In the meantime some are fined and 9th
ers that are complained of go free. Some
towns believe there is such a law in force
and others do not; can some one explain
this so as to make the matter plain one
way OF the other? JUDGE.
Bethel, VT, July 6, 1891.