f)4 



tion against any prosecution for violation of this act for not provid- 

 ing a fish way. Such certificate tr.ay be suspended at any time by 

 the fish commissioners, when such fishway is not maintained or re- 

 paired, 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 fishway to the satisfaction of the fish commission- 

 ers, 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 required by this act, or any other act, to con- 

 struct or allow the construction of any fishway in such manner as to 

 endanger the permanent durability of such dam or dams, or to im- 

 pair their usefulness. Nor shall they be required to construct or re- 

 pair such fishway by using some particular patent on which a patent 

 fee is demanded, or to construct or repair such fishway 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 fishway will endanger the permanent durability of such 

 dam, or impair its usefulness as to such high water or climatic con- 

 ditions, and in case the owner or owners of such dam dissent to the 

 decision of such fish commissioners, or a majority of them, then a 

 board of arbitration 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 selection, 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 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 commissioners, 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 fishway, under the direction of the fish com- 

 missioners, such damage shall be repaired at the expense of the 

 State. 



§ 4. Appointment and duty of wardens.] The Governor, on 

 request of the fish commissioners, shall appoint fish wardens, who 

 shall enforce all laws relating to fishes, arrest all violators thereof, 

 prosecute all offenses affainst same. They shall have power to serve 

 processes against such offenders and shall be allowed the same fee as 

 constables for like service, and shall have power to arrest, without 

 warrant, any person for violating any of the provisions of this act; 

 but such wardens shall receive no fees, except on cases where con- 

 victions are obtained. Such fish wardens may be removed at any 

 time by the Governor. 



§ 5. Persons violating act to be prosecuted J It shall be the 

 duty of all sheriffs, deputy sheriffs, constables, fish commissioners, 

 and fish wardens to cause any person violating any of the sections of 

 this act to be promptly prosecuted, and the several fish commission- 

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

 person or persons for violation of sections two (2) and three (3) of 

 this act. 



