FISHERIES, GAME AND FOREST LAW. 317 



Commissioners to be Notified of Construction of Dam. 



§ 260. No dam shall be constructed by the state or any person upon any stream more 

 than six miles in length inhabited by fish protected by this act, until the person about to con- 

 struct, or the officers having charge of the construction of the same shall give written notice 

 to the commissioners of such intention, together with a statement of the name, length and loca- 

 tion cf said stream, and the size and general description of such dam, and the purposes for 

 which it is to be erected, together with a diagram thereof. 



Authority of Commissioners to Direct Fishways. 



« 261. The commissioners are authorized in such cases to direct the construction of suitable 

 fishways bv an entrv on their minutes and service of a copy of such order on a person construc- 

 ting or officers having charge of the construction of such dam, and the person so constructing 

 shall at his own expense, or the officers having charge of the construction shall, out of the funds 

 appropriated for the construction of such dam comply with such directions, subject, on applica- 

 tion on nonce as on a motion, to the right of the supreme court to affirm, reverse, modify or 

 alter such directions. 



Owners to Comply with Directions of Commissioners. 



§ 262. Such fishways shall be properly maintained by the owner or persons in possession of 

 such dam, and shall be subject to examination and inspection on behalf of commissioners, who 

 may direct such repairs and alterations as they may deem necessary, subject to the order of the 

 supreme court, as in case of construction. 



Commissioners to Recover for Construction and Penalty. 



§ 263. In case of failure, refusal or neglect on the part of any person to comply with the 

 directions of the commissioners as to building and repairing fishways, the commissioners may 

 cause such fishways to be constructed or repaired, and the expense thereof may be recovered by 

 the commissioners in an action against the owner or person in possession, or both, in the name 

 of the people, and shall, in addition to the personal liability of such owner or person in 

 possession be a lien upon the premises upon which such dam is situated. The person refusing 

 or neglecting to comply with such directions of the commissioners as to construction or repairs 

 shall also be liable to a penalty of ten dollars for each day during which they neglect to obey 

 such directions, which penalty may be recovered in like manner in the same or a separate action. 

 § 10. Article twelve of chapter four hundred and eighty-eight of the laws of eighteen hundred 

 and ninety-two is hereby made article fourteen, and is amended to read as follows : 



