Year: 1871

tion shall not prevent any porson or
corporation from catching trout In
water owned by them or upon their
premises to stock other waters in any
manner or at any time.


SEC. 8. Any person or persons or
company engaged In the increase of
brook trout by artificial process,
known as fish culture, may take from
their own ponds in any way and
cause 10 be transported aud may sell
brook trout and the spawn Of brook
trout at any time, and common car
riors may transport them and dealers
may sell them on condition that tho
packages thereof so transported are
accompanied by certificate of jus.
tice of the peace certifying that such
trout are sent by the owner or owners
or agent or parties so engaged in fish
culture, and such persons or company
may take in any way at any time
upon the premises of any person un-
der permission of the owner thereof.
brook trout to be kept and used as
brook trout for artificial propagation
only and for no other purpose.


SIC 10. Violations of any of tho
provisions of this act contained, from
and including ibe sixth section to the
end thereof, may be prosecuted by
any citizen of the county in which
said violation shall take place, before
any justice Of the peace or court of
common pleas or quarter sessions in
and for said county, and funds paid as
penalties shall be equally divided be-
tween the school directors Of the
proper district, for school purposes
only and bccompIainant oriniormant.


SEc. H. On any of the streams or
parts of streams contemplated by this
act, and under the jurisdiction of this
Commonwealth, to which anadronous
or migratory fishes shall now have
access by tho non-existcnce Of dams or
by openings in dams, whether intended
or not to facilitate such access, and in
whatever of the reaches or spaces be-
low OF between dams such as planting
of new species shall have taken place
as is herein contemplated, the sheriffs
of the counties having jurisdiction of
streams, whenever they shall discover
or be informed of the existence OF
such contrivances for the catching of
fish as are commonly known as fish
baskets, eel weirs, kiddels, brush or
lascine nets, or any other permanent
ly set means of taking fish in the ma
tUre of q sieve, which are known 80
be wasteful and cxtravagant modes of
fishing, the said sheriffs shall give
ten days notice in two newspapers Of
their respective counties that the said
contrivances are known 20 exist, and
are declared common nuisances, or
dering them to be dismantled by their
owners and managers so as to render
them no longer capable of taking or
the fishes of the stream of
whatever kind, and If, at the ezplra-
ton of said ten days, the said dis
mantling shall not have taken place,
then tho said sheriffs shall proceed
with such force of good mer of the
county as may be necessary for The
purpose, and destroy or dismantle tho
said fish baskets, kiddels, eel weirs or
such other devices contemplated by
this section, so that they may be no
longer capable of taking or injurying
fish, and the accounting officers. of the
counties shall make good the cost of
the said proceedings to the said sheriff
or sheriff's in the settlement of their
accounts with the said shcriffs, and If
upon being duly Informed by repu-
table citizen of the county that said
nuisances are in existence and require
abatement, the said sheriff or sheritf's
shall not proceed as directed in this
act, then he or they upon conviction
in the county court of the said ne
gect o; duty shall be fined not less
than slU0 nor more than $1,000 for
every such neglect, the SAID fine to be
collected as ordinary fines arc collect
ed, and the proceeds dvidce equally
between the inf0rmer or complainant
and the school directors of the proper
district for school purpose only.
This section is not intended to super
cede any other law of this Common
wealth for the suppression of fish
baskets, etc, if the same be found eff
fioacious to destroy or abolish them


SIC II. All acts or parts of acts
inconsistent herewith are hereby re-
pealed.


JAMES H. WEBB,


Speaker Of the House Of Representatives.


WILLIAM A. WALLACE,


Speaker Of the senate.
Approved the 9th day of May, 1871.


.1ouN W. GEARY.