58 



free passage of fish up and down said water may not be obstructed. All such 

 fishways shall be maintained and kept in good repair by the person or persons 

 so owning or controlling such dam or other obstruction during the whole 

 time for the existence of such dam or other obstruction, as aforesaid, so that 

 said fish-ways shall at all times be open and free from obstruction for the 

 passage of fish. 



And in case the owner or person controlliug, operating or using any dam or 

 other obstruction, as aforesaid, shall fail or refuse, after ten days' notice, in 

 writing, by a majority of the fish commissioners of this State, to construct 

 and keep in good repair durable and efficient fish-ways, as provided in this 

 act, then the fish commissioners may construct or cause to be constructed, 

 durable and efficient fish-ways, or place the same in good repair, said work to 

 be let by contract to the lowest responsible bidder, and may recover in an 

 action of debt in the name of the People of the State of Illinois before any 

 justice of the peace or any court of competent jurisdiction, the cost of con- 

 structing or repairing such fishway. Any person or persons or corporations 

 owning or controlling any such dam or other constructions, who shall fail or 

 refuse to comply with the provisions of this section with respect to the 

 construction and maintenance in good repair of such fish-ways in any such 

 dam, after having been notified in writing by the fish commissioners or a 

 majority of them, to construct or repair the same, shall be deemed guilty of 

 a misdemeanor, and for each and every twenty days after" such notification 

 that such person or persons shall neglect or refuse to comply with the pro- 

 visions of this section in not erecting, maintaining and keeping in good re- 

 pair such fishways, he or they shall be subject to a penalty of not less than 

 twenty-five or more than two hundred dollars. 



^ 3, Suitable Fish-Ways— Commissioners— Damages — Penalty.] All 

 fishways built as provided in this act, if constructed to the satisfaction and 

 approval of a majority of the fish commissioners, then every owner or person 

 controlling such dam or other obstruction, as provided in this act, may ob- 

 tain from such fish commission, or a majority of them, a certificate that such 

 fishway is constructed in compliance with this act, which certificate shall be 

 a full protection against any prosecution for violation of this act for not pro- 

 viding a fishway. Such certificate may be suspended at any time by the fish 

 commissioners, when such fish-way is not maintained or repaired, as herein 

 required. If such person or persons so owning or controlling any such dam 

 or other obstruction, shall fail to construct or maintain such fish-way to the 

 satisfaction of the fish commissioners, or a majority thereof, then it shall be 

 vrima facie evidence of the violation of this act: Provided, that no owner or 

 owners of any dam or dams shall be required by this act, or any other act, to 

 construct or allow the construction of any fishway in such manner as to en- 

 danger the permanent durability of such dam or dams, or to impair their use- 

 fulness. Nor shall they be required to construct or repair such fish-way by 

 using some particular patent on which a patent fee is demanded, or to con- 

 struct or repair such fish-way when high water or climatic conditions may 

 render such work impracticable. The fish commissioners, or a majority of 

 them, to determine whether or not such fish-way will endanger the permanent 

 durability of such dam, or impair its usefulness as to such high water or 

 climatic conditions, and in case the owner or owners of such dam 

 dissent to the decision of such fish commissioners, or a ma- 

 jority of them, then a board of arbitration shall be chosen to 

 determine such matters: Oae by the fish commissioners, or a majority of 

 them, one by the owner or owners of such dam, and the two so chosen shall 

 select a third within thirty (30) days atter their selection, and if not so se- 

 lected within thirty (30) days, then the third one shall be selected by the Gov- 

 ernor of the State, and the decision of such arbitrators, so chosen, shall be 

 final. If the owner or owners of such dam shall not choose the arbitrator, as 

 aforesaid, within ten (10) days after notice in writing by the fish commis- 

 sioners, or a majority of them, then the decision of the fish commissioners 

 shall be final and conclusive. In case of the destruction or damage resulting 

 to the dam by reason of the construction of a fish- way, under the dii'ection of 

 the fish commissioners, such damage shall be repaired at the expense of the 

 State. 



