prevent the free passage of fish up said river, which said hedge, trap or other obstruction shall extend more than one-third across the main channel of the said river, he shall be guilty of a misdemeanor. This section shall not apply to that portion of said river which lies between the city of Wilmington and a point on said river known as The Three Cypresses, twelve miles distant from said city of Wilmington.

1889, c. 182; 1891, c. 198.

2470. In Brunswick, New Hanover and Pender counties. If any person shall use in any of the waters of Brunswick, New Hanover and Pender counties any nets, seines, set-downs, fish traps or any other nets of any description for the purpose of taking fish, the bars of the meshes of which nets, seines, set-downs, or fish traps shall be less than one and one-eighth inches in length; or shall with seines or nets of any kind, catch any fish in the waters of the Cape Fear river from its mouth to the Bladen county line, or in the waters of the Northeast Cape Fear or Black rivers in Pender county between six o'clock p. m. on Tuesday and six o'clock p. m. on Wednesday, or shall obstruct the free passage of fish in the waters of said rivers, he shall be guilty of a misdemeanor.

1885, c. 226; 1887, c. 71.

2471. In Black river and Mingo creek. If any person shall fish in that part of Black river in Sampson and Cumberland counties and below the Atlantic Coast Line Railway bridge, or in Mingo creek in said counties below the Averasboro and Clinton road otherwise than with a hook and line, he shall be guilty of a misdemeanor.

1895, c. 276.

2472. In certain streams in Cumberland, New Hanover, Brunswick and Sampson counties. If any person shall catch or destroy with seines, nets, firearms, bows and arrows, or by muddying or stirring the waters, or by striking any fish of any kind in the waters of Black or South rivers, or the waters of Big Coharie, Little Coharie, Bear Skin and Big Swamps in the counties of New Hanover, Sampson, Cumberland and Harnett, and of the waters of Six Runs in the counties of New Hanover and Sampson, and of the waters of the Cape Fear river in the counties of New Hanover and Brunswick, and of the northeast branch of the Cape Fear river in the county of New Hanover, between the fifteenth days of May and August of each year, he shall be guilty of a misdemeanor, and fined not to exceed

five dollars.

Code, s. 3409; 1889, c. 414; 1871-2, c. 152; 1879, c. 283; 1881, c. 369.

2473. Obstructions in South Fork river. No person or corporation shall place or allow to remain in the South Fork river, from its mouth in Gaston county to its forks in Catawba county, any obstruction to the free passage of fish up said stream: Provided, this section shall not apply to milldams where the owners thereof shall construct a sufficient fishway over said dams at least ten feet wide which will allow fish to pass over said dams: Provided further, this section shall not apply to dams in existence, or which may be erected for manufacturing or milling purposes. The violation of this section shall be a misdemeanor.

Code, s. 3406; 1879, c. 244, ss. 1, 2; 1881, c. 90.

2474. Obstructions in Neuse river. Any person who shall construct a dam, put in traps, dutch net, wire seine, or anything else in Neuse river between its mouth and the Falls of Neuse in Wake county, for the purpose of obstructing the passage of fish in said. river shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided, this section shall not apply to seines, set nets, running or skimming nets: Provided, this section shall not prevent the use of traps in Wayne county, where the trap and its wings do not extend more than one-third across the stream.

Code, s. 3422; 1885, c. 391; 1893, c. 354; 1883, c. 301, ss. 1, 2; 1895, c. 403; 1901, c. 395.

2475. Regulated in Lumber river. It shall be unlawful for any person to use any seine, net or gig, or, by muddying the water or by shooting, to catch, take or kill fish in the Lumber river by any means except the ordinary rod, line and hook, from the first day of March to the first day of November in each and every year; and any person violating this section shall be guilty of a misdemeanor, and shall pay a fine of forty dollars, or be imprisoned not more than twenty days.

Code, s. 3404; 1881, c. 288, ss. 1, 2; 1883, cc. 13, 78.

2476. Fishways to be erected in Haw river. All persons maintaining dams across Haw river in the county of Chatham shall, upon thirty days' notice from the board of commissioners of said county, establish fishways in said dams; and if said fishways shall not be made within three months from the service of the notice, said persons so offending shall be guilty of a misdemeanor, and fined at the discretion of the court.

Code, s. 3402; 1881, c. 343, ss. 1, 2.

2477. Regulated in Nantahala river. If any person shall use any drag-net, basket or seine for the purpose of catching fish in Nan

tahala river or its tributaries, he shall be guilty of a misdemeanor, and fined not less than five nor more than twenty dollars for each offense, one-half to go to the school fund of the county where such offense is tried, and the other half to the informer; and whenever the Nantahala river forms the dividing line between any counties persons offending against this section may be prosecuted and punished in the courts of any of the counties between which the said river constitutes the dividing line.

Code, s. 3401; 1881, c. 30, ss. 1, 3.

2478. Robbing nets. If any person shall, without authority of the owner, take any fish from any nets of any kind, he shall be guilty of a misdemeanor.

Code, s. 3418; 1883, c. 137, s. 5.

2479. Obstructions in certain streams in Henderson county. No person shall make, construct or build any dam, drag-net or seine across more than three-fourths of the French Broad, Mills, Green or Broad rivers, or any of their tributaries, in Henderson county, so as to prevent or hinder the free passage of fish in said rivers and their said tributaries, and any person making or using any dam, drag-net or seine in said streams, shall leave open and unobstructed to the free passage of fish at least one-fourth of said streams, in width, on the side most favorable to the passage of fish. Any person offending against this section shall be fined not more than ten dollars for each twenty-four hours said streams are so obstructed, one-half to the party suing for the same, and the other half to the school fund in said county; and any person violating this section shall, in addition to the penalty prescribed, be guilty of a misdemeanor: Provided, this section shall not apply to dams for manufacturing purposes.

Code, s. 3425; 1885, c. 58.

2480. Trout in Cataloochee creek, Haywood county. If any person shall fish for trout in Cataloochee creek or its tributaries in Haywood county, and offer such trout for sale as a matter of traffic, or shall fish for trout in such streams without permission from the owners of the land contiguous thereto, he shall be guilty of a misdemeanor and be fined not more than twenty dollars or imprisoned not more than ten days.

1885, c. 61.

Note. For manner of establishing prior right of fishery, see ss. 1697, 1698.

2481. Mullets in Brunswick county. If any person, firm or corporation shall fish for and catch any mullets with any purse seine or purse net in the waters within the limits of Brunswick county, extending to the extreme limits of the state's jurisdiction in and over

said waters; and for the purpose of this section, any portion of any water within a distance of three nautical miles from the outer shores of said county shall be deemed the waters of said county. Or if the master or any employee on any steamboats engaged in fishing for menhaden or fatbacks shall discharge from said boat fish offal, blood or slime within a distance of one-half of a mile of any established mullet fishery on the Brunswick county coast between the first of August and the thirty-first of December of each year, he shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned at the discretion of the court. For the purposes of this section an established fishery is declared to be that point on the beach occupied by the surfboat and seine in regular use.

1905, c. 748.

2482. Fishing within twelve miles of Grandfather mountain. If any person shall take, catch or kill any kind of fish in the waters of Linville river or in any other stream within twelve miles from the summit of Grandfather mountain in Mitchell county, without the written consent of the owners or lessees of the land through which said streams flow, or shall throw or empty into said river or streams any matter or substance deleterious or injurious to the life of mountain trout, he shall be deemed guilty of a misdemeanor, and shall be fined not more than fifty dollars or imprisoned not more than thirty days. If any person be seen at or near said stream or streams with net, seine, rod or any other kind of fishing tackle, the same shall be prima facie evidence of the violation of this section.

1905, c. 113.

2483. Fish traps in Cape Fear river. If any person shall construct, operate or maintain any fish-traps in the Cape Fear river, or shall fail to remove all traps now in the channel of said river within sixty days from the first day of March, one thousand nine hundred and five; or shall fail on the first day of June of each year to remove the slats or fingers from any fish trap allowed to be operated in said river under this section, he shall be guilty of a misdemeanor. This section shall not apply to Brunswick or New Hanover counties or to a fish trap which extends to not more than one-third the channel of said river.

1905, c. 500.

2484. Kitty Hawk bay. If any person shall take, catch or capture any fish with nets or other appliances in the waters of Kitty Hawk bay and its tributaries, that part lying in Dare county, between the thirtieth day of April and the fifteenth day of October of each year, or shall sell or ship out of the county any chub or perch

between said dates, he shall be guilty of a misdemeanor and fined not more than fifty dollars or imprisoned not more than thirty days. Nothing in this section shall prevent any citizen from catching fish at any time for home consumption.

2485. As in special proceedings. The procedure in all cases for partition, under this chapter, shall be the same, in all respects, as prescribed by law in other special proceedings, except as modified herein.

Code, s. 1923; 1868-9, c. 122, s. 33.

2486. Venue. The proceedings for partition, actual or by sale, must be instituted in the county where the land lies. If the land to be partitioned lies in more than one county, the proceedings may be instituted in either of the counties.

Code, s. 1898; 1868-9, c. 122, s. 7.

2487. Petition filed; commissioners appointed. The superior courts on petition of one or more persons claiming real estate as tenants in common, shall appoint three disinterested commissioners to divide and apportion such real estate, or so much thereof as the court may deem best, among the several tenants in common. Code, s. 1892; 1868-9, c. 122, s. 1.

2488. Separate partition of surface and mineral interests. When the title to the mineral interests in any land has become separated from the surface in ownership the tenants in common of such mineral interests may have partition of the same, distinct from the surface, and without joining as parties the owner or owners of the surface; and the tenants in common of the surface may have parti