63 



any way, at any time and in any such places, as they deem best for 

 the purpose of propagation, distribution or destroying of objection- 

 able fish. 



It shall be unlawful for any person to buy, sell or have in possession 

 any fish at any time which shall have been caught, taken or killed 

 contrary to the provisions of this act, and any person so offending 

 shall be guilty of a misdemeanor and fined as provided in this act. 



§ 2. Not to obstruct passage of fish.] That it shall be the duty 

 of any person or persons who now own or control, or hereafter may 

 erect or control any dam or other obstruction across any of the rivers, 

 creeks, streams bayous or other water courses wholly within or running 

 through this State, in such manner as shall obstruct the free passage of 

 fish up and down or through such water or water courses, to place or 

 cause to be erected in or in connection with such dam or dams, dur- 

 able and efficient fishways, so that the free passage of fish uj) 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 own- 

 ing 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 fishways shall at all times be open and free from obstruc- 

 tion for the passage of fish. 



And in case the owner or person controlling, 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 

 fishways, as provided in this act, then the fish commissioners may con- 

 struct, or cause to be constructed, durable and efficient fishways, 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 cor- 

 porations 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 fishways 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 provisions of 

 this section in not erecting, maintaining and keeping in good repair 

 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 obstruc- 

 tion, as provided in this act. may obtain from such fish commissioner, 

 or a majority of them, a certificate that such fishway is constructed 

 in compliance with this act, which certificate shall be a full protec- 



