Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1903-04-04
Projecting TROUT BROOKS
A Little L w and an Off ciaI Opinion
on the S ibisC,.

The correctness of an article in
The Age last week, written in re-
Spouse to an inquiry AS to whether
brook not stocked with trout could
be posted and protected, is qucs-
toned by 4 North Pomfret friend,
F. l.. Davis. The Age said in sub
stance that brook not stocked could
not be legally posted; that the only
protection the owner OF the land
through which the brook passed had
was an action for damages against
the tresSpa>ser who entered the
premises in the face of a warning
sign.
Mr.. Davis was interviewed while
in town Tuesday on the matter. He
said The Age was all wrong--rcit-
Grating his assertions in loud voice
neutrality-suspicious. Thursday-claim-
ing that brook whether stocked or
not could be posted and protected,
and that the t,espassing fisherman
who caught trout rhercfrom could
be fined five dollars for each trout
taken. He wanted to bet big money
he was right, but was otherwise AS
blithe and affabe as ever.
The Age has consulted law
book or two on the subject and gives
the result of its search for what it is
worth, also asking Tor and receiving
an official opinion from Fish Com
missioner L. "A. Davis Of Bethel.
Here is his communication:
"Iour letter of March goth re-
ceived, and know of no better way
to answer the questions referred to
than by referring YOU to the laws Of
1900. sections 1907, 4596-7-S, 1920
and Act No. II, Sections 1, , and 3.
| send You copy of the game laws
under separate cover.
Our friend Mr. Davis is certainly
wrong, Notwithstanding the fact that
he was a member of the legislature
The latter part Of section 1920 on
page 81 ought TO explain to Mr..
DAVIS what constitutes private pre-
serves"
Sections 459S and 1926 referred
to by Commissioner Davis read as
follows:
Sec. 1926, rs amended by No. 10l. Acts of
| 1898 If the owner or Oct upant of enclosed
| land or cultivated land not enclosed con-
spicuously posts notices On the same. aS
hereinafter provided. that shooting. trap
ping or fishing thereon is prohibited. II per-
| son who thereafter wi!lfully enters upon
such land without the permission of the
! owner or occupant for the purpose of fish
| ing. trapping or shooting thereon shall for
| felt ten dollars to be rec ,vered by the
| owner or occupant thereof in an action of
'rcSpass in addition to the damage sustained
| thereby, provided. however that this for
| fei, ure shall not he recovered against II per-
son 50 entering said land for the purpose OF
| fishing unless such owner or occupant shall
stock and keep stocked at their individual
expense the waters of said land will trout
| u.
| Sec. 1893. No action shall he maintained
| against person tor crossing uncultivated
| land TO reach public waters tor the purpose
! of taking fish. unless actual damage has
been sustained; and in all actions brought
| to recover damages for Gro sing land to
reach public waters for such purpose. the
costs shall not exceed the damages recov-
cred. it the damages do not exceed ten dol
/ lars.
Mr.. Davis Of North Ponrf,et points
to the following act as verifying his
! claim:
Sec. 1896. ~ amended by M. IS. Acts of
! 1900. II II person catches, kills or destroys
tsh in private preserves or.posted waters
| without the consent of the owner thereof.
| he shal he fined five dollars for each fish 50
| caught. killed or destroyed.
But sign nailed to Il tree does
not, The Age understands, make
"posted waters" according to the
intent of the above paragraph unless
the waters are stocked in compliance
with the provisions of the law.
The weight Of EVIDENCE seems tc
be against Mr.. Davis.
George MckLne has gone to
Jamestown, y ", to resume hotel
work.
Strength and vigor cone of good
food, duly diyested. Force, 4
readv-to-se,vc wheat and barle,
food, adds no burden, but sustains,
nourishes. invigorates,"