fishways, so that the free passage of fish up and down said waters may not be obstructed. All such fish-ways shall be maintained and kept in good repair by the person or persons so owning or controlling such dams or other obstruction during the whole time for the existence of such dam or other obstruction, as aforesaid, so that said fishway shall at all times be open and free from obstruction 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 fish-ways, as provided in this Act, then the fish commissioners may construct, 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 any action of debt in the name of the People of the State of Illinois, before any justice of the peace or court of competent jurisdiction, the cost of constructing or repairing such fish-way. Any person or persons or corporations owning or controlling any such dam or other construction, 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 provisions of this section in not erecting, maintaining and keeping in good repair such fish-ways, he or they shall be subject to a penalty of not less than twenty-five nor more than two hundred dollars.

§ 3. All fish-ways 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 obtain from such fish commissioners, or a majority of them a certificate that such fish-ways are constructed in compliance with this Act, which certificate shall be a full protection against any prosecution for violation of this Act for not providing a fish-way. 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 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 construct or allow the construction of any fish-way 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 fish-ways by using some particular patent on which a patent fee is demanded, or to construct 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 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 the 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 construction of a fish-way, under direction of the fish commissioners, such damage shall be repaired at the expense of the State.

4. The Governor, on the request of the fish commissioners, shall appoint five fish wardens, who shall be under the supervision of the fish commissioners, and whose duties it shall be to enforce all laws relating to fishes, arrest all violators thereof, and prosecute offenders against the same. They shall have power to serve process against such offenders, and shall have the power to arrest without warrant, any person for violating any of the provisions of this Act. Each of said fish wardens shall receive a salary of nine hundred dollars per annum, to be paid out of the State treasury upon bills audited by the fish commissioners and approved by the Governor. And the Governor may also, upon the recommendation of the fish commissioners, appoint one or more persons in each county in the State of Illinois, deputy fish wardens, whose duty it shall be to enforce the provisions of this Act, and who shall have the same powers and authority as fish wardens above provided for. Said deputy fish wardens shall receive for their compensation, two dollars per day and necessary traveling expenses for what time they are actually employed in such work, and they shall also be paid one-half of the fines which may be collected under the provisions of this Act through the efforts of such deputy fish wardens, from the funds in the hands of the State Treasurer received by the State Treasurer in accordance with the provisions of section 12 of this Act, upon the order of a majority of the board of fish commissioners approved by the Gov

ernor.

$ 4. (a) To enforce the provisions of this Act, all suits brought under the same shall be brought in the name of the People of the State of Illinois, and shall be brought on the complaint of any person or persons showing by affidavit that some section of this Act has been violated, giving the names of the persons violating, if known, and if unknown, such affidavit shall state that such violation has been com

mitted by some person or persons whose name or names are unknown, and such complaint shall be made before any justice of the peace of the county in which such violation has been made.

§ 5. 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 commissioners 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.

§ 6. It shall be unlawful to sell or offer for sale any of the following named fishes mentioned below, which are less than the weight or length specified for each:

And, provided, further, that the possession of the above named species of less length and weight than above designated, shall be prima facie evidence of violation of this section and subject the party or parties having them in their possession to the penalty hereinafter mentioned, unless caught with hook and line.

§ 7. To enforce the provisions of this Act, all suits brought under the same shall be brought in the name of the People of the State of Illinois, and shall be brought on the complaint of any person or persons showing by affidavit that some section of this Act has been violated, giving the names of the person or persons violating if known, if unknown, such affidavit shall state by some person or persons whose name or names are unknown and such complaint shall be made before any justice of the peace in the county in which violation has been made.

§ 8. When such violation is alleged to have been committed upon that portion of a stream or water course which may be the dividing line between two counties, then the complaint may be made to the justice of the peace in either of such counties.

89. If the justice, before whom such complaint shall be made, shall be satisfied that there is reasonable cause to justify the making of such complaint, he shall issue the warrant, directed to the sheriff or constable of such county, commanding him forthwith to arrest and bring before him, or, in his absence, before the next nearest justice of the peace within such county, the person or persons alleged to have been guilty of violating any of the sections of this Act.

§ 10. Whenever any person or persons shall be brought before any justice of the peace, in the manner provided in this Act, it shall be the duty of such justice to hear and determine the complaint. The person or persons so charged may demand a jury, at any time before the commencement of the trial, and the case shall be tried as cases before justices in civil cases, and judgment shall be for conviction or acquittal of defendant or defendants in the case. In case a jury is called, the form of the verdict shall be, if for conviction, "We, the jury, find the defendant guilty, and assess the fine at......dollars;" and if for acquittal, "We, the jury, find the defendant not guilty. The justice shall pronounce the judgment in accordance with the verdict.

§ II. Whenever any judgment or conviction shall be rendered against any defendant or defendants as above provided, execution shall issue forthwith on such judgment, and the sheriff or constable to whom the case shall be directed shall pay the penalties collected on such execution in payment of such payment, to the justice of the peace who imposed such fine or to the clerk of the court wherein the fine was imposed, and such justice or clerk shall immediately pay to the State Treasurer the amount of said fine, to be used in payment of such expenses as may be incurred by the wardens in the enforcement of this Act. Said money to be paid out on the order of a majority of the board of fish commissioners and approved by the Gov

ernor.

§ 12. Whenever any execution issued as above provided, shall be returned "No property found," the justice having possession of the docket in which said judgment was entered, shall issue his warrant to the sheriff or any constable, of such county, commanding him to take and deliver the defendant or defendants in the execution to the jailor of such county, who shall receive such defendant or defendants into his custody and commit him to the county jail or workhouse of such county, wherever one exists, for a period of not less than ten nor more than sixty days, as the justice shall decide and direct in his warrant, but such defendant or defendants so arrested or committed, shall be discharged at any time on payment of such fine and costs.

§ 13. Any defendant or defendants against whom such judgment of conviction shall be rendered, and in case of acquittal, the party making the complaint, or any person who will give the necessary bond, shall have the right to appeal, on the same terms as in civil cases before justices, but no proceedings herein provided for shall be stayed unless such appeal shall be fully perfected.

8 14. Any person or persons violating any of the provisions of the preceding sections of this Act, where no other penalty is provided, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five nor more than two hundred dollars for each offense.

§ 15. All Acts and parts of Acts in conflict with this Act are hereby repealed; but such repeal shall not disturb the status of the present board of fish commissioners.

§ 16. It is hereby declared to be unlawful to kill, catch or take in any of the rivers, creeks, ponds, lakes, sloughs, bayous or other water courses within the jurisdiction of this State, any fish for any purpose, within four hundred feet below any dam, between April 15th and June 15th of each and every year.

§ 17. It shall be unlawful to seine, kill or take any fish whatsoever, except by hook and line in any of the waters, lakes or rivers as heretofore named in section 1, of this Act, within the jurisdiction of this State between the 15th day of April and the 1st day of June in each and every year: Provided, it shall be unlawful at any time to take or catch any black bass, pike, pickerel or wall-eyed pike, commonly known as jack or yellow salmon, except by hook and line, and when so caught by hook and line such fish shall not be sold or offered for sale or shipment between the 1st day of September and the 15th day of April the following year: And, provided, further, that it shall be unlawful to catch or kill any fish whatsoever by the use of nets in any of the rivers, creeks, ponds, lakes, sloughs, bayous or water courses within the jurisdiction of this State between the 15th day of April and the 1st day of June of each and every year: And, provided, further, that nothing in this section shall be construed as relating or applying to Lake Michigan: Provided, however, that it shall be unlawful at any time to catch or attempt to catch fish with seine or trammel net between the hours of sundown and sunrise of the succeeding day.

§ 18. Any person or corporation, or any agent or servant of the latter who shall, for compensation or otherwise, transport any fish caught in any waters within the State of Illinois with seine or net, or any other device of either or any of the varieties for which a closed season is prescribed by this Act for catching with seine or net, during such closed season shall forfeit not less than twenty-five dollars, nor more than one hundred dollars for such violation, to be recovered in a civil action brought in the name of the People of the State of Illinois. The possession of any such fish for shipment or in transit, caught with net or seine during the season when it is unlawful under the provisions of this Act, to catch such fish with net or seine, shall be prima facie evidence of the violation of this section. Provided, that this section shall not apply to the transportation of fish into or through this State or out of it by the State Fish Commissioners, or by the commissioners of fisheries of other states or the United States: Provided, that there shall be five days after the close of the fishing season to dispose of and ship all fish caught previous to the close of said fishing season.