The Barre daily times. (Barre, Vt.) 1897-1959, 1905-05-19
EXPLAINS THE LAW.
State Commissioner Thomas Writes Con
corning Posting Waters.


Dear Sir:-lt seems necessary on my
part to ask the press to publish. for
the benefit Of those who have posted
waters, and others who intend to do
so, explaining the law, as / am written
daily what proceedings must be taken
to comply with the law to post public
OF private waters.
Section 1867 Waters stocked BY the
fish and game commissioner shall there
after be treated as public waters, but
any person who might otherwise make
the same private preserve or posted
waters, may do SO at the expiration of
five years from the date of fling with
the fish and game commissioners writ
ten notice Of his intention TO do so.
Such notice shall contain description
Of the stream, or pond so intended to
be made a private preserve or posted
water, and shall be kept in the files Of
the fish and game commissioners.
Section 1925, as amended by Ne. l01
Acts of 1898. Ii the owner or occupant
Of enclosed land or cultivated land not
enclosed, conspieuoasly posts notices on
the same, as hereinafter provided, that
shooting trapping or fishing thereon j.
prohibited, a person who thereafter will
fully enters upon such land without the
permission of the owner or occupant
for the purpose OF fishing, trapping or
shooting thereon, shall forfeit ten dol
lars to be recovered by the owner Of
occupant thereof in any action Of tres
pass, in addition to the damage sus-
tanned thereby; provided, however, that
this forfeiture shall not be recovered
against person SO 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 with trout or other
fish artificially Matched or reared.
All the change that has been made in
the above sections is section of No.
III, Acts of 1904, amending section
1926 which reads as follows
Sec. z. See 1925 of the Vermont
Statutes as amended BY No. 101 of
the acts of 1898 is hereby amended by
adding thereto the following
@The stocking Of waters under this
provision shall mean the placing therein
annually, by the owner or occupant Of
the land in which such posted waters
lie, not less than one thousand fry or
three hundred fingerlings, for each half
mile or less of stream, or each acre or
less of pond or pool so posted, and said
owner or occupant shall on or before
the open season for trout each year, file
with the town clerk of the town Or
towns in which such posted waters lie,
sworn affidavit stating that the pro-
visions Of this act have been fully com
piled with; said affidavit shall show the
number and kind of fish so distributed
by the owner or occupant in said wa
tiers, from whom said fish were prr-
chased, or procured, and the date there
of.
"The town clerk shall place such aft
davits ON file in their office, and the
same shall be open TO inspection by the
public in the same manner as other pub.
lie documents"
In explanation to the above any
waters in the state Of Vermont that
have ever been stocked by the state
cannot be posted without giving five
years notice to the commissioner, and
persons who have stocked streams at
| their own expense that have heretofore
been stocked by the state, cannot le-
gally post them unless compliance of
the above sections have been made.
Yours very truly,
II. q. THOMAS.
Commissioner.