49 



left or rel'u.se to comply with the provisions of this section, in not erect- 

 ing;, niaintiiining and Ivceping- in good repair such Hsli-ways he or they 

 sliall lie subject to a penaity of not less than ten or more than one 

 hundred dollars. 



'i 3. All 11 hways 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 control linsi' such dam or other obstruction, as pro- 

 vided in this ac', may obtain from such Fish Commissioners, or a majority 

 of them, a certitlcate that suc'i flshway is constructed in compliance with 

 this act, which certificate shall be a full protection against any prosecu- 

 tion for violation of this act for not providing a flshway. Such certificate 

 may be susi)ended at any time by the l^'isii Commissioners, when such 

 Ushway 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 flshway to the satisfaction of the 

 Fish Commissioners, or a majority thereof, then it shall be prima facie 

 evidence of the violation of this act. Provided, that no owner or owners 

 of any dam or dams shall be require I by this act, or any other act, to 

 construct, or allow the construction, of any flshway, in such manner as to 

 endanger the permanent durability of such dam or dams, or to impair 

 their usefulness. Nor shall they be required to construct or repair such 

 flshway by using some particular patent on which a patent fee is de- 

 manded, or to construct or repair such flshway when high water or cli- 

 matic conditions may render such work impracticable. The Fish Com- 

 missioners, or a majority of them, to determine whether or not such flsh- 

 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 Com- 

 missioners, or a majority of them, then a board of arbitrators shall be 

 chosen to determine such matters. One 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 after their selectif)n;. 

 and, if not so selected within thirty (30) days, then the third one shall 

 be selected by the Governor of the State, and the decision of such arbi- 

 trators so chosen shall be flnal. 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 Commissioners, or a majority of them, then the 

 decision of the Fish Commissioners shall be flnal and conclusive. In case 

 of the destruction or damage, resulting to the dam by reason of the con- 

 struction of a flshway under the direction of the Fish Commissioners, 

 such damage shall be repaired at the expense of the State. 



? 4. The Governor, on request of the Fish Commissioners, shall appoint 

 fish wardens, who shall enforce all laws relating to fishes, arrest all vio- 

 lators thereof, prosecute all offences against the same. They' shall have 

 power to serve processes against such oft'enders and shall be allowed the 

 same fees as constables for like service, and shall have power to arrest, 

 without warrant, any person found violating any of the provisions of this 

 act. hut such wardens shall receive no fees except in cases where con- 

 victions are obtained. Such flsh w^ardens may be removed at any time by 

 the Governor. 



§ 5. It shall be the duty of all sheriffs, deputy sheriffs, constables. Fish 

 Commissioners and flsh wardens to cause any person violating any of the 

 sections of this act to he promptly prosecuted, and the several Fish Com- 

 missioners of this State shall have the power to arrest, without warrant, 

 any person found violating this act, but shall not have power to arrest 

 without warrant any person or persons for violation of sections two (2) 

 and three (3) of this act. 



§ 6. That it shall be unlawful for any person to catch or kill any flsh 

 with any sein, or any other device used as a sein. in or upon any of the 

 rivers, creeks, streams, ponds, lakes, sloughs, bayous or ( ther water courses 

 wholly within or running through the State of Illinois, nor shall the 

 meshes of any weir, basket or trap, or any device used for catching flsh 

 in such waters not above prohibited, except for catching minnows for bait, 

 —4 F. C. 



