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HARVARD UNIVERSITY.

LIBRARY

OF THE

MUSEUM OF COMPARATIVE ZOOLOGY

GIFT OF

y&\y

FEB 2 0 1936 ■

LAWS

RELATING TO

INLAND FISIIEIIIES

MASSACHUSETTS.

1623-188G.

[COLLATED AND PUBLISHED BY THE SECRETARY OF THE COMMON-
WEALTH UNDER AUTHORITY OF CHAPTER 48 OF 'i HE
RESOLVES OF THE TEAR 1886.]

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.

1887.

INLAND FISHERIES,

1G23-1886.

A

' [; W i\ iv '
COLLECTION OF THE LAWS OF MASSACHUSETTS

EEl.ATING "TO

INLAND FISHERIES,

1623—1886.

PLYMOUTH COLONY FISH LAWS.

1623.

(Page 30.) Article 8. That fowling, fishing and hunting be
free to all the inhabitants of this government : provided, that all
orders from time to time made b}' this General Court for the due
regulating of fishing and fowling be observed in place or places
wherein special interest and propriet}' is justh' claimed by the court
or an}' particular person.

1633.

(Page 34.) It is enacted by the Court, That fishing, fowling and
hunting bee free : provided, if any damage comes to any particulare
by the prosecution of such exercise, restitutions bee made or the case
actionable. But if any man desire to improve a place and stocke it
with fish of any kind for his private use, it shalbee lawfull for the
court to make any such graunt and for bid all others to make useof it.

[Re-enacted in 1636 and lefjS.]

1637.— October.

(Page 57.) Of Fish. — It is enacted by the Court, That six score
and twelve fishes shall be accounted to the hundred of all sorts of

fishes.

[Re-enacted in 1658.]

_^ i—

1670.

(Page 161.) Whereas the providence of God hath made Cape
Cod comodious for us for fishing with saines ; and some careles

4 LAWS RELATING TO

psous have anoyed the same by casting theire ballast neare the
shore where such conveniency is ; or by leaveing the garbidge of fish
or dead fish to lye there roting, whereby such anoyace is :

This Court cloth therefore order, That whosoever shall treaspas in
an}' of the said kinds of annoyance shall pay the sume of forty shil-
lings to the Collonie's use for ever}' such default unto the pson that
the county doth appoint to lookp. after the same ; alsoe, this court
doth further order, tJiat whosoever of our inhabitants that draw mack-
erell on shore there, shall pay 'to 'the Collonie's use sixpence p. bar-
rell for every barrell soe taken or tl;e quantity that ma}' amount to a
barrell ; and for every barrell or the quantitie thereof soe taken by
any forraigners in the aforesaid place shalbe payed one shilling and
sixpence to the Collonie's use by the pson or psons that soe fish
there ; and at the begining of any voyage attempted there, the pson
or persons soe doing shall att the enterance an the voyage put in suf-
ficient cecuritie unto the pson appointed by the court under this trust
for the payment of the aforesaid sume or sumes. (Continued on
page 162.)

(Page 162.) Whereas wee have formerly seen great inconvenience
of taking mackerell att unseasonable times, whereby there encrease
is greatly deminished, and that it hath bine proposed to the court of
the Massachusetts that some course might be taken for preventing
the same, and that they have lately drawne up an order that hence-
forth noe mackerell shalbee caught, except for spending while fresh,
before the first of July annually, on penaltie of the losse of the same,
the one halfe to the informer and the other halfe to the use of the
Collonie ; and this order to take place from the 20th of this instant
June.

1682.

(Page 197.) The law prohibited the catching of fish before they
have spaumed is to be revived by the Comissioners att theire next
session.

(Page 283.) For the better improving of fishing for mackrel at
the Cape with saynes or nets ; that the fish be not wholly destroyed
or driven off the shoar, witli constant beating and shooting at them
with their nets and saynes :

It is ordered by this Court, &c., That none shall set, shoot or hall
sayne on shore with mackrel at the Cape before the fifteenth day of
October yearly, nor after the twentieth day of November, on penalty
of forfeiting for any mackrel so taken, without the compass of this
time, eight shillings a barrel to the Colonie's use.

And that so good a commodity be not spoiled nor impaired by
gripple persons that only minde their present benefit ; but that it may

INLAND FISHERIES. 5

be kept sweet and well preserved for a market, and so kept a com-
modit}' :

It is further ordered, That all such mackrel taken b}- saynes or nets
at the Cape shall be there salted up in good sufficient cask, and not
in lumber, neither on shoar nor on board of any boat, barque or
other vessel, on penalty of forfeiting to the Colonie's use the one-
half of what is so salted in lumber and not in tight casks.

And forasmuch as the lands where such benefit is made by fishing
with saynes or nets hath been purchased by the Colony and are truely
theirs :

It is also ordered, That no stranger, or such as are no inhabitants
of this government, shall make use of our lands or shoar for sayning
or hailing of fish, but such as this court give license to, on penalty of
forfeiting all the fish of any kinde so taken by any without leave.

And all strangers that shall be allowed there to fish as abovesaid,
whether taken in as partners with any of ours or otherwise, shall pay
unto our water baily, or such as the court shall appoint to receive it,
for the use of this Colony, two shillings for every barrel or quantity
of a barrel of mackrel there caught in such away ; and such of our
own inhabitants as do so fish there, shall pay one shilling a barrel ;
and all such payments, whether by our own or strangers, shall be
made in money to the said baily, or who is appointed.

And that peace and good order may be kept by all that fish there,
and that the Colony may not be defrauded of their due by any :

It is further ordered, That the master of any vessel that shall come
there to fish, or some known person of their company, shall presently
upon their arrival there, before they take any fish, give under his hand
to the baily, or his deputy, for their peaceable carriage there, and
their due observance of the orders of the court concerning their fishing,
who shall thereupon give them a ticket under his hand for their
improving the season as abovesaid.

And if any man do refuse so to do, he or they shall be discharged
from making use of our land on shoar there, at their peril ; and if an}'
prove troublesome, or disturb their peace, sell liquor to the Indians,
prophane the Sabbath, or be otherwise disorderl}^ the baily or his
deput}^ is hereby impowered to carry such before the next magistrate,
who may issue the case, send the offenders to prison, or take bond
for their appearance at court, as he shall see cause, and the whole
charge thereof be born by him or them that do so ofl[end.

And that the water baily be under oath, as other publick officers,
as for the faithful discharge of his trust, so for his due and seasonable
ordering, and giving an account to the treasurer, for what is the
Colonie's upon fishing account, within one month after the said voyage
is ended, or sooner if it may be.

6 LAWS RELATING TO

And for every barrel of herring at any time caught by nets on the
said Cape Cod shoar, six pence per barrel be paid by any inhabitant
that shall so take them, and twelve pence per barrel by strangers.

And whosoever shall take any basse on the aforesaid shoar with
nets, shall pa}' to the Colonie's use six pence per quintal, according
to a former order, and to be paid also in mone}'.

Sect. 5. And it is ordered, &c., That if any swine, belonging
either to English or Indians, do there annoy or trespass such as there
fish as abovesaid in the mackerel seasons, it shall be lawful for an}'
to make seizure of such swine, paying one-half of the value of such
swine to the said baily or his deputy for the Colonie's use. * *

ANCIENT CHARTERS.

(Page 113, ch. 46.) Sect. 5. This court being informed that the
taking of mackrel at unseasonable times do greatly diminish their
increase, and will in the issue tend to the spoil of the trade thereof:

Do order and enact, That henceforth no mackerel shall be caught,
except for spending whilst fresh, before the first of July annually, on
penalty of the loss of the same, the one half to the informer, and the
other half to the use of the country. And any magistrate or county
court is empowered to act herein, to all intents and purposes, for the
execution of this law.

[Repealed March 5, 1693. Page 254, sect. 7, A. Charters. Revived Massachusetts
Perpetual Laws, page 1-13, ch. v., 1702.]

(Page 148, ch. 63.) wSect. 2. Every inhabitant who is an house-
holder shall have free fishing and fowling in any great ponds, bays,
coves and rivers, so far as the sea ebbs and flows within the precincts
of the town where they dwell, unless the freemen of the same town or
the General Court have otherwise appropriated them.

Provided, That no town shall appropriate to any particular person
or persons, any great pond containing more than ten acres of land,
and that no man shall come upon another's propriety without their
leave, otherwise than as hereafter expressed.

The which clearly to determine :

Sect. 3. It is declared that in all creeks, coves, and other places
about and upon salt water, where the sea ebbs and flows, the pro-
prietor, or the land adjoining, shall have propriety to the low water
mark, where the sea doeth not ebb above a hundred rods, and not
more wheresoever it ebbs further.

Provided, That such proprietor shall not by this liberty have power
to stop or hinder the passage of boats or other vessels, in or through
any sea, creeks or coves, to other men's houses or lands.

Sect. 4. And for great ponds lying in common, though within the
bounds of some town, it shall be free for any man to fish and fowl

INLAND FISHERIES. 7

there, and niaj' pass and repass on foot through, any man's propriety
for that end, so they trespass not upon any man's corn or meadow.

COLONY OF PLYMOUTH.
1684.

(Page 205.) This Court doth therefore enact, and he it heerhy
enacted by the authoritie thereof, That no p'rson or p'rsons whatsoever,
after the publication heerof, shall catch or draw on shore any mack-
erell, with nett or netts, sayne or saines, in any p'rte of this Collonie,
and if any p'rson or p'rsons shall heerafter presume to catch any
mackerell by setting or shooling any nett or saye, every such p'rson
or p'rsons soe offending as aforsaid, shall forfeitt for his or theire said
offence all such netts or saines as shalbe soe improved, and all such
mackerell as shalbe soe caught by him or them ; and shall alsoe for-
feite every sucli vessell and all such vessells or boates as shalbe
imployed therin, whether catch- sloop or boate as shalbe imployed in
taking or carrying awa}* any such fish, if att any time the p'rson or
p'rsons soe offending be taken within the govrment, or the valine
thereof, the one moiety to the Collonie and the other moyety to the
informer that shall prosecute the same.

And for the better execution of the said law, power shall be given
by some one or more of the magestrates by warrant to some fitt man
to act as a water bayliff to make seasurfe of any such forfeitures as
aforsaid.

PERPETUAL LAWS.
1702.

(Page 143, ch. 5.) Be it enacted. That the clause above recited,
shall be, and is hereby revived and re-enacted : and that henceforth
no person or persons whatsoever shall presume to catch or cause to
be caught any mackerel (except for spending whilst fresh) before the
first of July annually ; on penalty of forfeiting all the mackrel so
caught contrary' to the true intent and meaning of this act, and twenty
shillings per barell over and above for each barrel of the same : the
one half of the said forfeiture to be to her majesty, for, and towards
the support of this her government ; and the other half to him or them
that shall inform and sue for the same in any of her majesty's courts
of record within this province.

1709.

An Act to prevent Nuisances by Hedges, Wears, and other incumbrances obstructing

the passage of Fish in Rivers.

(Page 162, ch. 3.) Be it enacted. That no wears, hedges, fish-
garths, stakes, kiddles, or other disturbance or incumbrance shall be
set, erected or made, on or across any river, to the stopping, obstruct-

8 LAWS RELATING TO

ing, or straitning of the natural or usual course and passage of fish in
their seasons, or spring of the year, without the approbation and
allowance first had and obtained from the general sessions of the
, peace in the same county ; who are hereby authorized and impowered,
on application made to them at their sessions, to grant liberty for the
same, or to deny it, as they shall see it to bee either a public good or
damage ; and so }■ early from time to time, to be allowed or disallowed,
as they shall direct.

And that all wears, hedges, fish-garths, stakes, kiddles, or other
incumbrance whatsoever, set up and made, or hereafter to be levied,
set up or made in, on or across any river, to the straitning, obstruct-
ing and stopping the natural, common or usual passage of fish in the
spring or proper seasons of the year, without approbation or allow-
ance first had and obtained for the same, in manner as in and b}' this
act is directed, are declared to be a common nusance, and shall be
demolished and pulled down, not to be again repaired or amended.
And that on complaint made to the general sessions of the peace, or to
an}- two justices of the peace, quorum unus, in their respective
counties ; a writ shall be granted to the sherifl!' or constable of the town
where the nusance is done, to cause the party or parties complained
of to be examined ; and upon conviction to remove the same ; and to
command suitable assistance therefor, at the cost and charge of the
person or persons so oflfending.

Provided, That nothing herein contained, shall be construed to
extend to the pulling down or demolishing of any mill-dam already
made, or that shall hereafter be lawfull}- and orderl}- made.

1727.

An Act for rendering more effectual the Act intituled An Act to prevent N usances by
Hedges, Weares, and other incumbrances obstructing the passage of Fish in Rivers.

(Page 239, ch. 9.) Whereas, in and by an act made and pass'd in
the eighth year of the reign of Queen Anne, intituled An Act to pre-
vent nusances by hedges, weares, and other incumbrances obstructing
the passage of fish in rivers, all such incumbrances in the rivers are
disallowed and forbidden without the approbation of the courts of
general sessions of the peace in the respective counties, and ordered
to be demolished and pulled down, but no penalty is provided in the
said act :

Wherefore, for the more effectual preventing such nusances :
Be it enacted, That whosoever after the publication of this act,
shall set up, erect or make any weares, hedges, fish-garths, stakes,
kiddles, or other incumbrances whatsoever, on or across an}- river for
straitning, obstructing or stopping the natural, usual or common pas-
sage of the fish in the spring or other proper seasons of the year,

INLAND FISHERIES. 9

without the approbation of the court of general sessions of the peace,
shall for every such offence forfeit and pay the sum of ten pounds, to
be sued for and recovered by plaint, bill, or information, in any of his
majesty's courts of record within the county where tlie offence is com-
mitted ; one-half thereof to be to him that shall inform and sue for the
same, and the other half to the poor of the town or towns where such
incumbrances have been made or set up.

1741.

An Act in addition to an Act made to prevent the Destruction of the Fish called Ale-
wives, and other Fish.

(Page 297, ch. 6.*) Whereas, notwithstanding the several acts

made for the preservation of the fish, and to give them free passage

up and down the rivers in their seasons, 3'et by reason of the many

dams erected, and often erecting across such rivers and streams where

the several sorts of fish pass up into the natural ponds to cast their

spawns, said fish are diverted in their passage, to the great decay and

ruin of such fishery :

Be it therefore enacted, That whosoever shall hereafter erect or

build any dam across any such river or stream where the salmon, shad,

alewives, or other fish usually pass up into the natural ponds to cast

their spawn, shall make a sufficient passage-way for the fish to pass

up such river or stream, through or round such dam, and shall keep

it open for the free passage of the fish from the first day of April to

the last da}" of May annually, and all the owners or occupants of any

mill-dam or other dams heretofore erected and made across any such

river or stream where the fish can't conveniently pass over, shall make

a sufficient way either round or through such dam for the passage of

such fish, at or before the first da}' of September next, and after that

to keep such passage way open from the first day of April to the last

day of May annually, on pain that ever}' person offending in any of

the particulars aforesaid, shall forfeit and pay the sum of fifty pounds

for each offence.

Provided, nevertheless. Whereas, in some of the rivers or streams,
the said fish do not pass up to spawn in the times by this act provided
for, that it shall be in the power of the several towns wherein such
streams are, or are adjoining, or the selectmen of such towns, or the
major part of them, to appoint or order the times of keeping open
such sluice-ways- as in their judgment may be agreeable, to the natu-
ral lime of said fish passing up to spawn, so as it does not exceed
sixty days annually.

And he it further enacted, That the owners or occupants of such
dam or dams, shall allow sufficient water passage round, through or
over such dams, for the passage of such fish or their young spawn, in

* Chap. 7, 1741, supplementary.

10 LAWS RELATING TO

the season of their going down such rivers or streams, on penalty of
forfeiting the sum of fift}' pounds for every offence.

Provided, nevertheless, That whosoever is an owner or occupant of
such dam or dams erected before the year one thousand seven hun-
dred and nine, and by this act is obliged to make such passage-way
for the fish as aforesaid, shall, after be has effected the same, present
his account of the reasonable charge thereof, to the court of general
sessions of the peace of the same county for their allowance, who are
hereby impowered to proportion the several towns' parts thereof who
are advantaged thereby, and order each of said towns to assess and
pay the same to such owner or occupant accordingl}', and the owners
or occupants of such dam, shall afterwards maintain such passage-
wa}' at his or their own cost and charge.

And he it farther enacted, That it shall be in the power of any
-town at their annual meeting in March, to chuse one or more persons,
whose business it shall be to see that the said passage-ways are open
pursuant to this act, and that said fish ma^^ not be obstructed in their
usual passing up and down stream, and to appoint the proper place
or places for the taking such fish with scoop nets, and to limit the
particular times and da3's for the taking the same.

Provided, also. That this act shall not be construed so as to aflfect
the order of this Court, pass'd in January, one thousand seven hun-
dred and thirty-eight, relating to Watertown mill-dam.

And that the several fines and penalties arising by virtue of this
act, shall be sued for and recovered in any court of record proper to
try the same, by an}- person that shall prosecute and sue for the
same, one half of such sum to be to and for the use of the prosecutor,
and the other half to be to and for the use of the poor of the town
where the offence shall be committed.

An Act in Supplement of an Act intituled " An Act in addition to an Act made
to prevent the destruction of the Fish called Alewives and other Fish." (1741,
ch. 6.)

(Page 298, ch. 7.) Whereas, ***** ^q
penaltj' is therein ordered to be imposed on such as shall take ale-
wives or other fish at other times or places, than such as shall be
appointed in pursuance of said act :

Be it therefore enacted, That whosoever shall presume to take any
of the kinds of fish in said act enumerated (whether with scoop-nets
or otherwise) in an}' river or stream within or adjoining to any town
within this province, at any other place or time than such as has been
or shall be limited and appointed by an}' town in pursuance of said
act, such oflTender or offenders shall forfeit and pa}- the sum of ten
shillings for each ofljence ; one moiety thereof shall be for the use of
the poor of the town where the offence shall be committed, the other

INLAND FISHERIES. 11

moiety to be to him or them who shall inform and sue for the same
before one or more of his majesty's justices of the peace in the same
count}'.

Provided, That this act be " not construed to affect any person
taking fish in any town where such town shall not in manner as
aforesaid, appoint the time and place for taking the fish aforesaid.

1743.

An Act in addition to an Act made in the fifteenth year of his present Majesty's reign,
intituled "An Act in addition to an Act made to prevent the Destruction of the Fish
called Alewives and other Fish."

(Page 313, ch. 5.) Whereas, * * * * * by
reason that no direction is therein given with respect to the suffi-
ciency of the sluice or passage so to be made or left open, there
arises great difficulty to the owner or occupant of such dams in com-
plying therewith : And whereas, by reason that in some streams and
rivers the said fish pass sooner, and in others later in the year than
the time is prescribed in said additional act, as well as that the time
of their passing up and down is in some streams and rivers longer,
and in some shorter, so that it is found by experience that the gen-
eral rule in the aforesaid cases by law provided, does not only fail of
the good ends proposed thereby, but also exposes the owners and
occupants of such dams to trouble and damage not necessary to
answer the good purposes of said additional act : Wherefore,

Be it enacted, That it shall and may be lawful for any owner or
occupant of an}* such dam or dams alread}' built, or that may here-
after be built, and who are or may be obliged by said additional act
to open or leave open such passage as aforesaid, to apply to the
next court of general sessions of the peace, to be holden in and for
the county where such mill-dam is, and the justices of the court
respectively, on such application, are impowered, and directed to
appoint a committee of three sufficient and as much as may be disin-
terested persons, under oath, to repair to the dam where the passage
is proposed to be opened, and carefully view the same, and in the
best manner they are able, to inform themselves of the most proper
place for the passage of such fish up and down stream, of what dimen-
sions the same shall be made or appointed to be, and what part of
each year, and how long the same shall be kept open ; and return the
same under their hands, or the hands of the major part of them, to
the said court for their acceptance ; which return so made and
accepted, shall be deemed and adjudged the lawful rule of proceeding
in making and keeping open the passage and passages for the fish in
passing up and down the rivers and streams for the future : an3'thing
contained to the contrary in said additional act notwithstanding.

12 LAWS KELATING TO

Provided^ nevertheless^ That if at any time after such determina-
tion, either party shall think themselves aggrieved b}' such deter-
mination, it shall and ma^' be lawful for the owner or owners,
occupant or occupants of such mill-dam or dams, or any other five
persons of the other part}-, who may expect benefit by said fish pass-
ing up such rivers or streams, once more to applv to the said court
for a nevr view, and report on the premises in manner aforesaid,
which being by said court accepted, shall be final ; the charge of
such application to be born by the persons applj'ing, in case no
material alteration on the first return is made, but otherways be born
by the owners of the dam, in proportion to their interest, to be first
stated and allowed by the said court of general sessions, and may be
recovered by action or actions of debt in an}' court proper to try the
same.

1745.

jA.N Act in addition to and for rendring more effectual the Laws already in being for
preventing the Destruction of the Fish called Alewives, and other Fish. (Page 320,
ch. 2.)

{Preamble. The two preceding acts are here quoted.)
And whereas, it may happen that in some rivers or streams, across
which dams are built, it may be doubtful whether the fish may be
said to usually pass or cast their spawn, and so as to render it neces-
sary that a way should be left open in such dams for their free
passage, and many inconveniences may arise from such doubt or
uncertainty :

Be it therefore enacted, That when and so often as application shall
be made to the court of sessions by the owner or occupant of any
mill-dam or dams, either of such dams as have no passage-way, or of
such dams through which a passage-way has been already made, and
a committee shall thereupon be appointed by such court pursuant to
the last recited act, and such committee shall repair to any dam or
dams, and it shall appear to them upon inquiry, that the fish do not,
or in case of a passage being made or kept open, would not usually
pass up the river or stream across which such dam is or shall be
built in such numbers as that it is necessary a passage-way through
such dam should be made or kept open, or that the passing of the
fish up such river will not be of greater general benefit than the
leaving open of passage-ways in such dams will be of damage to the
owners of the mills and other persons, then, and in either of such
cases, said committee shall be impowered to make a report that such
passage-way is not necessar^^ and such report being accepted b}' the
court of sessions, the owner or occupant of such dam, shall there-
upon be freed from all obligation to make or keep open any pas-

INLAND FISHERIES. 13

sage ; any thing in the aforementioned acts to the contrary notwith-
standing. And the charge of the application that shall be made by
the owner or occupant of any mill-dam or dams, and all proceedings
of the court thereupon, pursuant to this act, or to the said last recited
act, shall be born and paid by such owner or occupant.

Provided, always, That if at any time after such determination, any
person apprehending it necessar}' that a passage-way should be
opened in such dam, shall thereupon make application to the court of
sessions, said court shall be impowered to appoint a new committee,
who shall have the same power the first committee by law had, or
might have had, and upon such committee's reporting that a passage-
way is necessary in such dam or dams, and the demensions thereof,
and the time it shall be kept open, and upon such report being
accepted b}' the court of sessions, the owner or occupant of such mill
or dam shall be as fully obliged to keep open such passage as if the
former report had never been made and accepted ; any thing in this
act to the contrary notwithstanding ; the charge of such application
and all proceedings thereupon, to be paid by the person or persons
making the same, or b}" the owner or occupant of such dam, as the
court of sessions shall order.

And whereas, in some counties within this province, the justices of
the court of sessions have refused to admit any application from the
owner or occupant of anj' mill or mill-dam, by reason that such appli-
cation has not been made at the court next immediately following the
publication of the last recited act :

Be it further enacted, That the several courts of sessions within
this province be, and hereby are impowered and directed to admit,
proceed and determine upon any such application at any court at any
time held for the county, and all such proceedings shall be deemed as
valid to all intents and purposes as if they had been acted upon at
the court next immediatety following the publication of said act.

And whereas, in manj'^ rivers and streams within this province,
neither shad, salmon nor ale wives usually swim, or would pass up
such river or stream, altho' a passage-way was made and kept open
through the several dams built across such rivers or streams, and
the advantage of other fish that pass up such rivers or streams, is
not equal to the damage that ma}' arise by keeping open a passage-
wa}' through such dams :

Be it enacted. That no owner or occupant of any mill-dam or dams
built or to be built within this province, shall be liable to any penalty
for not making or keeping open a passage-way through such dam or
dams, except those dams only which are built across such rivers or
streams where either of the aforementioned fish, viz., salmon, shad or

14 LAWS RELATING TO

alewives usually swim or pass ; any former law, usage or custom, to
the contrary notwithstanding.

Provided, always, That it shall be in the power of any person at
any time, to make application to the court of sessions, setting forth
that the passage of other fish up such rivers or streams, is of such
advantage as to render a passage-way through any dam or dams
necessar}', and the justices of the court of sessions are impowered on
such application to appoint a committee to repair to such dam or
dams, and upon such committee's reporting that a passage-way or
ways for the fish is necessary, the dimensions thereof, and the time
for keeping it open, and upon such report's being accepted, the owner
or occupant of such dam or dams, shall be as fully obliged to make
and keep open such passage-way or ways as if shad, salmon or ale-
wives usually passed up such river or stream.

And whereas, the mill-dam in the town of Watertown, referred to
in the aforesaid act of the fifteenth of his present majesty, has not
been subjected in like manner with the other mill-dams within this
province :

Be it therefore enacted, That if any person or jiersons whatsoever,
shall cause the dam of said mill to be raised, so as to prevent the
passage of the fish over the same, at any time between the breaking
up of the ice in the winter or spring, and the first day of May annu-
ally, and in any year hereafter, without the express leave or consent
of the selectmen of the towns of Watertown and Newtown, every
person so offending, shall forfeit and pay the sura of five pounds for
each offence, to be recovered in any court of record proper to try the
same, and for the use of him or them that shall inform and sue
therefor.

1781.

An Act more effectually to prevent the Destruction of Alewives in their passage up the
Rivers and Streams in the Towns of Salem and Danvers.

Whereas it is njecessary for the preservation of the fish called ale-
wives, in their passage up the rivers and streams in the towns of
Salem and Danvers, into the ponds at the head of those streams, that
the committees hereafter to be appointed in those towns, to see that
the passage-ways for said fish be not obstructed, should have their re-
spective jurisdiction enlarged, and further authority given them for the
purposes aforesaid.

Sp. Laws, vol. 1, p. T). Sect. 1. That the towns of Salem and
Danvers shall be, and they are hereby respectively empowered and
directed at their meetings in March annually, each town to choose
three or more persons to see that the laws respecting the passage-ways
for said fish be observed. And each person so chosen shall take an

INLAND FISHERIES. 15

oath faithfull}- to discbarge the duties required of him b}- law. And
the committees of said towns shall meet together annually, on or
before the tenth day of April, at such time and place as the person
first chosen b}" the town of Salem shall appoint, to be by him duly
notified. And the major part of the committees present at such
meeting are hereby authorized and empowered to order the times,
places and manner in which said fish may be taken within the limits
of either of said towns, and also the number any one person may be
allowed to take on an}' one day. And the members of the committees
aforesaid shall have joint and concurrent jurisdiction in either of said
towns ; and the doings of said committees, or either of them, or the
members of either of them, shall have full power to act as such, in
either of said towns. And in case either of said towns shall neglect
to choose such committee, the committee chosen by the other town
shall be as fully empowered as though such town had not neglected.
And the said committees, or either of them (on neglect as aforesaid)
shall have power to cause the whole natural course of the streams
through which said fish pass to, in both the said towns, to be kept
open and without obstructions, to remove any such as may be found
therein, to make the passage-ways of such streams wider or deeper,
if they find it necessary. And the said committees, or either of
them, or any member thereof, shall have authority to go on the land
of an}' person through which any such river or stream runs, or on
which such land may be bounded, for those purposes, without being
considered as trespassers. And any person who shall molest or
hinder said committees, or either of them, or any member thereof,
in the execution of the business of his or their office or offices, or
shall obstruct any passage-way in such river or stream, otherwise
than may be allowed by such committees or committee, he or she
shall forfeit and pay a sum not exceeding fifty pounds, nor less than
ten pounds.

Sect. 2. Be it further enacted., That the said committees, or the
major part of them present at any meeting duly notified, being not
less than three in number, shall be, and they are hereby authorized
and empowei'ed to open any dam or sluice-head of any mill erected
or that may be erected on or over any such river or stream, at the
expense of the owner or owners of such dam or sluice, provided such
owner or owners shall neglect to open the same, when thereto required
by said committees or such major part of them as aforesaid ; and the
dam or sluice so opened shall continue open to such depth and width
as the committees or said major part may judge necessary, from the
tenth day of April to the tenth day of June in every year. And in
case any person or persons shall obstruct the passage-way allowed
or ordered by said committees, or such major part of them, in any

16 LAWS RELATING TO

dam or sluice, each person so offending shall forfeit and pay a sum
not exceeding fifty pounds, nor less that ten pounds.

Sect. 3. Be it further enacted. That the owner or owners of any
tide-mill erected, or that may hereafter be erected on any such river,
shall keep a sluice-gate hoisted, or passage-way opened, of three feet
in width and two feet high, three hours at least before high water in
each tide, from the said tenth day of April to the tenth day of June
annuall}', on penalty of forfeiting for each tide that it shall not be
hoisted or the passage-way opened, a sum not exceeding three pounds,
nor less than five shillings. And the bottom of the passage-way so
opened shall be as low as the said committees, or the major part as
aforesaid shall judge necessary.

Sect. 4. Be it further enacted, That if any person or persons
shall take any of said fish, on any day, or in any place, or in an}^
manner, or in greater numbers than shall be allowed b}' said com-
mittees as aforesaid, each person so offending shall forfeit and pa}'
a sum not exceeding fort}' shillings, nor less than five shillings ; and
no seines shall at an}^ time be made use of to take said fish, nor
shall they be taken in any manner more than three days in any
one week.

Sect. 5. Be it further enacted, That if the committees aforesaid,
or either of them, or any member thereof, shall detect any person or
persons attempting to take any of said fish on any day, at an}^ place,
in any manner, or in a greater quantity, otherwise than is allowed by
said committees, and shall find fish with such person or persons, such
person or persons shall be doomed to have taken said fish, and be
subject to the penalties of this act accordingly.

Sect. 6. Be it further enacted, That all the penalties incurred by
the breach of this act, may be sued for and recovered in any court of
record in the county of Essex proper to try the same. And all sums
as recovered as forfeited by this act, shall be appropriated, one moiety
thereof to the prosecutors and the other moiety equally divided be-
tween the said towns of Salem and Danvers. And no person, b}'
reason of his being one of either of the committees aforesaid, shall be
thereby disqualified from being a witness in any prosecution for breach
of this act. — [February 19, 1781.

An Act to provide more effectually for the Preservation of the fish called Alewives, in
the Streams running into Merrimack River, within the Town of Andover.

[Made perpetual March 7, 1797. Another Act but not repealing this one, March 9, 1792.
This limited to four years, but extended afterwards ] (See 1765.)

Whereas it is found tliat the laws already' made are not sufficient
to prevent the destruction of the fish called alewives, in the streams
within the town of Andover, which run into Merrimack River :

INLAND FISHERIES. 17

Sp. Laws, vol. 1, p. 10. Sect. 1. That an act made in the year
of our Lord one thousand seven hundred and fifty-five, entitled "An
Act for preventing the unnecessary destruction of Alewives and other
fish within this Province," be, and it is hereby extended to the streams
herein before mentioned. And the selectmen of the town of Andover
are hereby empowered to determine what number of barrels of said
fish may be caught for market, and to let out the same in manner as
is in said act prescribed, at any time in the mouths of April and May
annually, as well as in the month of March therein specified.

Sect. 2. Be it further enacted^ That if any person shall catch, or
shall attempt to catch, any of the before mentioned fish, in any part
of the streams herein before recited, at an}' time between the hours in
the evening and five in the morning, ever}' person so offending shall
forfeit the sum of not less than twenty shillings, nor more than three
pounds, for every offence. And the oath of any officer chosen at the
annual meeting in March to see that the passage-ways for fish are
kept open, testifying any fact that may be considered as a violation
of this or any former act of the General Court made for the preser-
vation of fish, shall be I'eceived as sufficient evidence of the same.

Sect. 3. Be it further enacted^ That each and every of the officers
aforesaid be, and he is hereby empowered to make search for, and to
seize any parcel of said fish which he has reason to suspect were
taken at any time or place, or in any way by law prohibited. And if
any such officer shall have reason to suspect that any of said fish so
taken are secreted under lock, or in any other way, he is hereby em-
powered in obedience to a warrant (which any justice of the peace in
the same county is empowered to grant), on application therefor
from such officer, to break open such lock or other obstruction, in the
day-time, and having seized such fish, to take them into his custody ;
and the same officer shall give public notice of such seizure, by post-
ing an advertisement of the same at the public house nearest to the
place where such seizure was made ; and if no person shall appear to
said officer to claim said fish within twenty-four hours after posting
said advertisement, such fish, and any cask in which they may be
packed, shall be forfeited. And if any person shall appear as afore-
said, to claim said fish, then the said officer shall require the claimer
to appear before some justice of the peace of the same county, who
shall hear and determine the cause, except the value of the fish seized
exceed forty shillings, in which case he shall require the said claimer
or claimers to recognize, to appear before the next court of general
sessions of the peace for the same county ; and if sufficient evidence
be not offered to satisfy the justice or the court, that the fish so seized
were taken at some other time and place, and for some other purpose
than by law is prohibited, then the said fish, and any cask in which

18 LAWS RELATING TO

they may be packed, shall be forfeited ; and all fish that may be for-
feited in consequence of this act, shall be sold by the officer who
seized them ; and all forfeitures in consequence of this act, after
paying charges, shall enure one-half to the said officer, and the
other half to the poor of the town of Andover.

Sect. 4. Be it further enacted^ That the officers before mentioned
be, and the}' hereby are empowered to require suitable aid to enable
them to execute their office ; and any person who shall refuse or neg-
lect to give aid when thereto required, as herein pi'ovided, he shall, on
conviction thereof before any justice of the peace of the same county,
forfeit the sum of three pounds.

This act to continue and be in force for the space of four 3-ears from
the first day of next November, and no longer.

This act passed May 8, 1781.

1786.

An Act to prevent the Destruction of Salmon, Shad and Alewives, and other Fish in

the Aggawam or Westfield River.*

Sp. Laws, vol. 1, p. 126. Sect. 1. That from and after the first
day of March next, no person or persons be allowed to catch any
salmon, shad, or alewives with seines, nets, pots, or in anj' other way,
in an}' part of said river, within twof miles of the entrance thereof
into Connecticut River, nor in Connecticut River within half a mile
south, or forty rods north of the mouth, or entrance of said Agawam
into Connecticut River ; and no person or persons shall catch any
salmon, shad or alewives, in any other part of said Agawam River,
at any other time, than between sunset on Monda}' evening, and
sunset on Thursday evening in each week ; and if any person or per-
sons shall presume to catch any fish in the said rivers, contrary to the
true intent of this act, he or the}' so offending, shall for each offence,
forfeit and pay a fine of four pounds ; and the seine, net or machine,
used in catching said fish, shall be forfeited.

Sect. 2. Be it further enacted^ That all wears, fences, and other
incumbrances now erected, or that shall hereafter be erected, in any
part of the said Agawam River, so as to stop the free course or pas-
sage of the said fish up the said river, shall be deemed common nui-
sance, and as such shall be pulled down and demolished ; and any
person or persons that shall hereafter erect any such wears, fences or
other incumbrance, or shall continue such already erected, on convic-
tion thereof, shall forfeit and pay the sum of three pounds.

Sect. 3. Be it further enacted, That all fines and forfeitures incui-red
by any breach of this act, shall and may be recovered by action or

* Altered as to Connecticut River, March 26, 1788.
t Reduced to one mile by Act March 8, 1796.

INLAND FISHERIES. 19

information before any justice of the peace within the county where
such offence shall be committed ; one half of such fines shall enure to
him or them who shall sue or prosecute for the same, and the other
half to the poor of the town where the offence shall be committed.
This act passed June 27, 1786.

1787.

An Act to prevent the Destruction, and to regulate the Catching of the Fish called Ale-
wives, in their passage up the Rivers and Streams in the Town of Harwich, in the
County of Barnstable.

Sp. Laws, vol. 1, p. 166. Sect. 1. That the town of Harwich
shall be and hereby are empowered and directed, at their meeting for
the choice of town officers in March or April annually, to choose three
or more persons, being freeholders in the said town, to see that this
act be duly observed ; and each person so chosen shall be sworn
faithfully to discharge the duties required of him by this act ; and the
said committee shall meet together annuall3", on or before the twen-
tieth day of April, at such time and place as the}', or a majorit}' of
them, shall appoint, and the major part of the committee present at
such meeting, are hereby authorized and empowered to order the times,
places and manner in which the said fish may be taken ; and the said
committee, or a majority of them, are hereby fully authorized and
empowered to cause the natural course of the streams through which
the said fish pass, to be kept open and without obstruction, to remove
any such as may be found therein, and to make the said passage-wavs
wider or deeper if the}' shall judge it necessary ; and the said com-
mittee or either of them, paying a reasonable consideration therefor
if demanded, shall have authorit}- for those purposes to go on the land
or meadow of an}' person through which said streams run, without
being considered as trespassers ; and any person who shall molest
or hinder the said committee or either of them in the execution of the
business of his or their office, or shall obstruct any passage-way in
the said rivers or streams, otherwise than may be allowed by the said
committee, he or they shall forfeit and pay a fine for every such
oflTence, not exceeding forty shillings, nor less than twenty shillings.

Sect. 2. Be it further enacted^ That the said committee, or the
major part of them present at any meeting duly notified, being not
less than three in number, shall be and hereby are authorized and
empowered, to open or cause to be opened any dam or sluice of any
other dam now erected, or that may be hereafter erected on, or over
any of the said rivers or streams (between where such rivers or
streams empty themselves into the sea at low water, and the ponds
in which the said fish usually cast their spawns) at the expense of the
owner or owners of such dam or sluice : provided such owner or

20 LAWS RELATING TO

owners shall neglect to open the same when thereto required b}' the
said committee or the major part of them, immediately after being
thus required so to do ; and the dam or sluice so opened sball con-
tinue open in every 3'ear, to such depth and width, and for such term
of time between the fifteenth day of April and the tenth da}' of June,
as the major part of the said committee shall judge necessary ; and if
any person or persons shall obstruct the said passage-ways allowed or
ordered by the said committee, or the major part of them, in any dam
or sluice, such person so offending shall on conviction before any jus-
tice of the peace in the county of Barnstable, pa}- a fine for every
such offence not exceeding forty shillings, nor less tlian twenty shil-
linos, and the said committee shall cause everv such obstruction to be
forthwith removed.

Sect. 3. Be it further enacted^ That if an}- person or persons
«hall take any of the said fish in the rivers, streams or ponds afore-
said, before they shall have cast their spawns, at any time, in any
place, or in any manner other than shall be allowed by the said com-
mittee as aforesaid, each person so offending, for each and every such
offence shall, on conviction, as aforesaid pay a fine not exceeding
twenty shillings, nor less than five shillings, if the quantity of fish so
taken is less than one barrel ; but if the quantity so taken shall be
one barrel or more, such person or persons so offending shall forfeit
and pay for each and every barrel of fish so taken, the sum of twenty
shillings.

Sect. 4. Be it farther enacted, That if the committee aforesaid, or
either of them, shall detect any person or persons in attempting to
take any of the said fish at any time, or in any place, or in any
manner otherwise than is allowed by the said committee, or shall find
such fish with such person or persons, such person or persons shall be
deemed to have taken the said fish unlawfully, and shall be subject to
the penalties of this act accordingly, unless such person or persons
can make it appear on trial, that they came by the said fish in some
other way.

Sect. 5. Be it further enacted. That the committee to be chosen
as aforesaid, or the major part of them, shall determine what days in
the week the said fish shall be taken, also on the certain parts of the
said rivers and streams where the said fish may be taken, to be partic-
ularly bounded or described, so that the said places may be easily
known ; and shall notify the inhabitants thereof, by posting up notifl-
cations in several public places in the said town of Harwich, within
ten days after their being chosen as aforesaid.

Sect. 6. Be it further enacted, That all penalties incurred by any
breach of this act, shall be recovered by complaint before a justice of
the peace, in the county of Barnstable, where the said penalty doth

INLAND FISHERIES. 21

not exceed forty shillings, jiUowing an appeal to the court of general
sessions of the peace in the count}- aforesaid ; and where the penalty
prosecuted for shall exceed the sum of forty shillings, it may be sued
for and recovered in any court in the count}- of Barnstable proper to
try the same, and all sums recovered as forfeited b}' this act, shall be
for the support of the poor in the town of Harwich ; and no person,
by reason of his being one of the said committee, or an inhabitant of
the said town, shall thereby be disqualifled from being a witness in
any prosecution for breach of this act.

Sect. 7. Be it further enacted, That it shall be the duty of the
committee aforesaid, to take care that a sufficient passage- wa}- be kept
open annuall}^ for the young alewives to pass from the ponds to the

sea. — [Jul}^ 4, 1787.

[1813, 57, 115; 1824, 107; 1844, 67.]

1788.

Ax Act for the Preservation of the Fish called Alewives in Mattapoiset Uiver, in
Rochester, in the County of Plymouth, and for the regulating the talking of the said
Fish, in the said River.

Sp. Laws, vol. 1, p. 180. Whereas the law which was heretofore
made for the preservation of the fish called alewives, in Mattapoiset
River, in the town of Rochester, and for regulating the taking the
said fish, in the said river, has been found insufficient to answer the
said purposes :

Sect. 1. That the owner or owners of each and every mill-dam on
the said river, shall make, provide and continue a sluice-way of three
feet wide, and eight inches deep, for the said fish to pass their respec-
tive dams, as low as the said selectmen of the said town of Rochester
shall judge convenient for the said fish to pass in. And the selectmen
of the said town of Rochester are hereby authorized, on the second
Monda\^ of April annually, to open the said sluice-ways which, when
opened by them, shall remain open until the twentieth day of May
annually ; and the owner or owners of any dam on the said river who
shall neo;lect or refuse to make, provide and continue a sluice-way as
aforesaid, shall shut or obstruct the same during the term the said
sluice-way is to be kept open as aforesaid, shall forfeit and pay the
sum of forty pounds for each offence.

Sect. 2. Be it further enacted, That the said town of Rochester,
at their annual meeting for the choice of town officers, in the months
of March or April annuall}', are hereby authorized to choose a com-
mittee consisting of not more than twelve, nor less than two suitable
discreet persons, for inspectors of the said river, whose duty it shall
be, within four days after their appointment, to post up in four public
places in the said town nearest the said river, a notification under
their hands, or the major part of them, pointing out the times when.

22 LAWS EELATING TO

and the places where the said fish may be taken in the said river ; and
if an}' person shall pull down or deface such notification, he or she
shall for each offence forfeit and pay ten shillings ; and if such com-
mittee shall neglect or refuse to post up such notification within the
said term of four da3's, such committee shall forfeit and pay ten shil-
lings ; and any person who shall presume to take any of the said fish
in the said river, except at the times and places appointed b}' the said
committee as aforesaid, shall forfeit and pay three pounds for each
offence.

Sect. 3. Be it further enacted, That if any person or persons
shall make any wears, or any other obstruction, to hinder the passage
of the said fish up the said river, each person so offending shall forfeit
and pay the sum of five pounds ; and an}' person who shall take or
catch an}' of the said fish in said river, with any other instrument than
a dip-net, shall forfeit and jjay four pounds for each offence.

Sect. 4. Be it further enacted^ That if any person shall set or
draw any seine, drag-net, or marsh-net in the said river, or within the
following bounds of the harbor adjoining it, viz. : beginning at the
south-westwardly end of the inland, owned by the Eev. Mr. La Barron,
and from thence to the mouth of the creek which runs out of Barlow's
Pond (so called) , from and after the tenth day of April to the twen-
tieth day of May annually, each person so offending shall forfeit and
pay ten pounds.

Sect. 5. Be it further enacted, That all the forfeitures mentioned
in this act shall accrue to the said town of Rochester, to be recovered
by the treasurer of the said town in an action of debt in any court
proper to try the same ; and no person shall be considered as dis-
qualified from giving evidence in any such action on account of his
liA'ing in or being an inhabitant of the said town of Rochester.

Sect. 6. Be it further enacted. That the agreement made and
entered into between the said town of Rochester and the owners of the
lower dam, on the said river, with regard to the premises, shall be
good and valid in law. — [March 1, 1788,

[Sp. Laws, vol. 1, p. 247, 290; vol. 3, p. 91; 1810, 60; 1814, 99; 1817, 136; 1820, 70;

1829, 41.]

An Act to prevent the Destruction of Fish called Shad and Alewives, in Ten and Three-
Miles Rivers, in the County of Bristol.

Sp. Laws, vol. 1, p. 183. Whereas it is necessary for the preserva-
tion of the fish called alewives, in their passage up the rivers, called
and known by the name of Ten-Mile and Three-Mile River, in the
county of Bristol, that some further provision should be made for the
said purpose :

Sect. 1. Be it enacted. That the several towns through which the
said Ten-Mile and Three-Mile River run, shall be, and they are

INLAND FISHERIES. 23

hereby empowered and directed, in the month of March or April
annuall}', to choose three or more persons in each town respective!}',
being freeholders within the same, as a committee, who shall take an
oath to the faithful discharge of his or their dut}' ; and the said com-
mittee, or the major part of them, shall have power to cause the
natural course of the said streams through which the said fish pass,
to be kept open, and without obstruction, and to remove all such
obstructions as may be found therein, and to make the passage-ways
wider or deeper if they shall find it necessar}' ; and the committee, or
a major part of them, shall have authority' for such purposes, to go on
the laud of any person through which the said Ten and Three-Mile
Rivers run, without being considered as a trespasser or trespassers ;
and an}' person who shall hinder the said committee, or either of
them, in the execution of the business of his or their office, or who
shall obstruct an}' -.passage-way in the said rivers, otherwise than
may be allowed by the said committee, he or they shall forfeit and
pay a fine not exceeding the sum of fifteen pounds, nor less than five
pounds.

Sect. 2. Be it further enacted. That the said committee, or a major
part of them, at any meeting by them duly notified, shall be and
hereby are authorized and empowered to open any dam or sluice-way
of any mill erected, or that may be erected on, over or across the said
rivers, at the expense of the owner or owners of such dam, provided
such owner or owners shall neglect to open the same when they are
required by said committee ; and the said dam or dams, or sluice-way
or Avays, so opened, shall continue open to such width and depth, and
for such length of time betwixt the first day of April and the last day
of May annually, as the major part of the said committee shall judge
necessary ; and in case any person or persons shall be found to
obstruct the passage-ways allowed or ordered by the said committee
in any dam or sluice, such person or persons so offending shall forfeit
and pay a fine not exceeding the sum of ten pounds, nor less than five
pounds.

Sect. 3. Be it further enacted^ That all penalties incurred by a
breach of this act may be sued for and recovered in any court in the
county of Bristol proper to try the same ; and all sums so recovered
or forfeited by a breach of this act, shall be appropriated, one moiety
thereof to the prosecutor or prosecutors, and the other moiety thereof
to the use of the poor in such town where the offence is committed ;
and no person, by reason of his being one of the said committee or an
inhabitant of either of said towns, shall thereby be disqualified from
being a witness in any prosecution for a breach of this act. — [March
10, 1788.

[Repealed as regards Three-Mile River Sp. Laws, vol. 1, p. 287.]

24 LAWS RELATING TO

[Sp. Laws, vol. 1, p. 126.]

An Act for altering a certain clause in an Act entitled, " An Act to prevent the destruc-
tion of Salmon, Shad and Alewives, and other Fish in Agawam or Westfield River."

Sp. Laws, vol. 1, p. 188. Whereas by the said act no person or
persons are allowed to catch any salmon, shad or alewives, with
seines, nets, pots, or in any other way, within two miles of the en-
trance of the said river into Connecticut River, nor in Connecticut
River within half a mile south or forty rods north of the mouth or
entrance of the said Agawam into Connecticut River :

Sect. 1. Be it enacted. That the clause in the said act respecting
catching fish in Connecticut River be, and the same is hereby so far
altered and repealed as that any person or persons may catch fish in
Connecticut River with seines, nets, pots, or in any other wa}^ or
place, excepting within one hundred rods directly south of the entrance
of the said Agawam into Connecticut River ; anything in the said act
to the contrary' notwithstanding. — [March 26, 1788.

An Act to prevent the Destruction of Alewives and other Fish in Ipswich River, and to

encourage the inci'ease of the same.

Sp. Laws, vul. 1, p. 191. Sect. 1. Be it enacted. That the owner
or owners, occupier or occupiers of the dam across Ipswich River
commonly called Warner's mill-dam, and also the owner or owners,
occupier or occupiers of the dam of Farlej-'s mill, so called, be and
they are hereb}' required, henceforward, at their own cost and charge,
in proportion to their several interests, to make and keep open a
passage for the fish through their respective dams, from the twentieth
day of April to the thirteenth day of June annualh' ; and that the said
passages be within four feet of the northerl}- end of each of the said
dams, five feet wide, to enter from the under side of the cap-piece,
which cap-piece shall be level with the said dam, and as low as the
upper side of the mud-sills of the same ; and that during the said
time the bottom of the said passage be covered with flat stones or
gravel in such manner as that the bottom be not raised higher than
the sills ; and that nothing shall be kept, put or placed on the upper
side of either of said dams, nor anything put or placed below either
of them, within six feet of the sluice-wa}' on the southerly side of
them, except a brace on the southerly side of each of the said sluice-
wajys, to guard the said cap-pieces, on penalt}' that the owner or
owners, occupier or occupiers of either of the aforesaid mills neglect-
ing to observe the directions of this act in an}' of the instances before
mentioned, shall for every such offence forfeit the sum of twenty
pounds, to be recovered of them, or either of them, hy action of debt
in any court of record proper to try the same, in the count}' where the
offence shall be committed, to be disposed of as follows, viz.: one

INLAND FISHERIES. 25

moiety to him who sliall sue for the same ; the other moiet}' to the
poor of the town where the offence shall be committed.

Sect. 2., Be it further enacted, That the owner or owners, occu-
pier or occupiers of Dodge's Mills, so called, at the Little Falls on
the said river, be and they are hereby- required to keep open the pas-
sage over the said falls, from the grist-mill to a large rock in the angle
of the falls or dam, down to the mud-sill, from the twentieth day of
April to the thirteenth day of June annually, on penalty that the
owner or owners, occupier or occupiers of the aforesaid mills neglect-
ing to observe the direction of this act, shall for every such offence
forfeit and pay the sum of twenty pounds, to be recovered of them, or
either of them, by action of debt, in any court of record within the
same county proper to try the same, one moiety thereof to him who
shall sue for the same, the other moiety to the poor of the town where
the offence shall be committed.

Sect. 3. Be it further enacted. That the sluices or passages
through or by all other mill-dams now erected, or that shall hereafter
be erected upon said river, or by any stream or streams running from
any natural pond into the same, provided the said mill-dam be below
the same ponds, shall be open, and kept open ; and that the owner or
owners, occupier or occupiers of such mill-dam, shall make, maintain
and keep open the said sluices or passages at their own cost and
charge, in the same manner as heretofore in this act is provided with
regard to the passages through Warner's and Farley's mill-dam, and
under the said penalty for every neglect, to be recovered and dis-
posed of in the same manner.

Sect. 4. Be it further enacted, Tbat every person who shall, after
the twentieth day of April, which will be in the year of our Lord one
thousand seven hundred and eighty-eight, presume to take any flsh
of any kind in the said river or its branches, or any of the ponds
emptying themselves into the same, with seines or drag-nets of any
kind, shall forfeit for every such otfence, the sum of twenty pounds,
to be recovered in any court of record proper to try the same, one
moiety to him who shall sue for the same, the other moiety to the
poor of the town where the offence is committed.

And whereas it has been found by experience, that saw-dust floating
in streams where fish pass, obstruct their passage :

Sect. 5. Be it further enacted, That none of the saw-mills on said
river, or any of the streams running from natural ponds into the said
river, shall be suffered to go between the last day of April and the
first day of June annually, for cutting any wood or timber ; and every
owner or occupier of such mill, who within the term aforesaid shall
use or suffer the same to be used or employed for such purposes ofore-

26 LAWS RELATING TO

said, shall incur tbe penalty of twenty pounds, to be recovered and
disposed of in the same manner as aforesaid.

Sect. G. Be it further enacted, That from and after the passing
this act, every town bordering on Ipswich River, where alewives and
other fish go np to cast their spawn, shall, at their meeting in March
or April, for the choice of town officers annuall}', choose at least three
fit and suitable persons, whose dut}' it shall be, jointly or severally,
to see that this act be dulj' observed, and to inform against an}' per-
■son or persons that shall offend against the same ; and all persons so
<jhosen, shall be sworn to the faithful discharge of their dut}'' in such
office ; and if anj' person chosen as aforesaid, shall refuse or neglect
to be sworn, after due notice given, he shall forfeit and pay the sum
of forty shillings, fur the use of the poor of the town to which he
belongs, to be recovered by the treasurer of such town in anj^ court
proper to tr}' the same ; and such town shall proceed to a new choice,
and so toities quoties.

Sect. 7. Be it farther enacted, That each and ever}' person, who
shall, from and after the twentieth da}' of April, to the thirteenth day
of June annually, presume to take any of the said fish in the river
aforesaid, or any of the streams running into the same, except on
Monday, Wednesday and Friday, in each week during the time limited
b}'^ this act, and in that case, not to be taken within two rods of any
of the sluices aforesaid, shall forfeit and pay for every such offence a
sum not exceeding forty shillings, nor less than twent}' shillings, to
be recovered on complaint or information, one moiety to the prosecu-
tor, the other moiety to the poor of the town where the offence is com-
mitted : and the said commiltee shall be admitted as witness or
witnesses on the trial.

Sect. 8. Be it further enacted. That all the laws heretofore made,
relative to fish passing up Ipswich River, and for regulating the taking
of the said fish, be and they hereby are repealed and made null and
void.— [March 28, 1788.

[Sp. Laws, vol. 1, p. 451 ; vol.2, p. 128; vol. 3, pp. 431, 524; 1810, cb. 117; 1812, 127;
1814, 22; 1823, 33; 1839, 134; 1845, 79; 1855, 171 ; 1856, 14, 52, 248.]

An Act to prevent the Destruction, and regulate and limit the Catching of Fish in the
Rivers and Streams in the Town of Wcstport, in the County of Bristol.

Sp. Laws, vol. 1, p. 197. Sect. 1. Be it enacted, That no seine or
net shall be drawn at any time of the year anywhere in the rivers
within the said town of Westport, below the south end of an island
called Lake's Island, striking a line of an east and west course from
the south end of said island, or within half a mile from the entrance
of the harbor of said town ; and that in the months of October and
November, yearl}', and ever}' year, no seine or net shall be drawn any
where in either of the rivers, arms or creeks within the said town ;

INLAND FISHERIES. 27

aud if any person or persons, after the passing of this act, shall pre-
sume to draw any seine or net at any place or time, which is not
allowed as above mentioned and described, he or they so offending,
shall forfeit and pay the sum of three pounds for each offence, to be
recovered by action of debt in any court proper to try the same ; the
one moiet}' thereof to him or them who shall sue for the same, and
the other moiet}' to the use of the town of Westport ; and every such
seine or net. with its appendages so drawn, shall be forfeited to the
use of said town.

Sect. 2. Be it further enacted, That the town of Westport shall
be, and hereby are empowered and directed at their meeting for the
choice of town officers in March or April, annually, to choose three or
more suitable persons in the said town, to see that this act be dul}'
observed ; and each person so chosen, shall be sworn faithfully to dis-
charge the duties required of him, agreeably to this act. — [June 18,
1788.

An Act for preventing the Destruction of Alewives in tlie town of VVellfleet, and regulating

the Fishery of them in tlie said Town.

Sp. Laws, vol. 1, p. 200. Sect. 1. Be it enacted, That it shall
and ma}' be lawful for the freeholders and other inhabitants of the
town of Wellfleet, qualified by law to vote in town affairs, at their
annual meeting by law appointed for the choice of town officers, to
choose a committee of three or more persons, being freeholders of said
toAvn, to inspect the said fishery of ale wives, who shall be duly sworn
to the faithful discharge of their dut}- ; and the said committee shall
have full authority- and power to meet, agree and determine upon rules
and regulations respecting the taking the said fish, at what time, place
or places the same sliall be taken within the limits of the said town ;
and of the rules and regulations, agreed and determined upon b}' the
said committee, or tlie major part of them, they shall cause fair copies
to be posted up in three different parts of the said town, within four-
teen days at the least, after their having been chosen as aforesaid,
and shall also fix marks or bounds in the place or places allowed for
fishing.

Sect. 2. Be it further enacted, That if an}' pers-on or persons shall
take an}' of the said fish in the rivers, streams or ponds, within the
said town, at any other time or place than shall be allowed by the said
committee as aforesaid, each person so offending, for each and every
such offence, shall on conviction thereof, pay a fine not exceeding
twenty shillings, nor less than five shillings, if the quantity of fish so
taken is less than one barrel ; but if the quantity so taken shall be
one barrel or more, such person or persons so offending, shall forfeit

28 LAWS RELATING TO

and pay for each and every barrel of fish so taken, the sura of twenty
shillings.

Sect. 3. Be it farther enacted^ That if the committee aforesaid, or
either of them, shall detect an}- person in attempting to take any of
the said fish, at any time, or in an}^ place other than is allowed h\ the
said committee as aforesaid, or sliall find such fish with such person
or persons, he or the}' shall be deemed to have taken the fish unlaw-
fullj', and shall be subject to the penalties of this act, as before men-
tioned, unless such person or persons can make it appear on trial, that
the}' came by the said fish in some other way.

Sect. 4. Be it further enacted^ That no person shall presume to
take, catch, or haul on shore, any of the said fish within the limits of
the said town, with any other nets than with scoop or dip nets, on
pain and penalt}' of forfeiting for each and every offence, a sum not
exceeding forty shillings, nor less than thirty shillings. And the
said committee shall, during the passing of the said fish up the rivers
and streams within the said town, as well as during the return of the
said fish, and of the passing of their fry from the ponds to the sea,
cause all obstructions to their passage, whether by wears, fences,
walls, or otherwise, to be removed, and may make wider or deeper
the said passage-wa3's, when they shall judge it necessary, tlie said
committee pa3ung a reasonable consideration therefor, if demanded ;
and shall have authority for those purposes, to go on the land or
meadow of any person through which any of the said streams run,
without being considered as trespassers ; and any person who shall
molest or hinder the said committee in the execution of their duty, or
shall in anj' way or manner obstruct the passing of the said fish hy
wears, fences, walls, or otherwa3's, shall forfeit and pa}' a sum not
exceeding forty shillings, nor less than thirty shillings.

Sect. 5. Be it further enacted^ That no inhabitant of any other
town than the said town of Wellfleet, shall catch or take any of the
said fish in any of the rivers, streams or ponds within the said town
of Wellfieet, without leave had therefor in writing, of the said town of
Wellfleet, or of their said committee.

Sect. 6. Provided^ nevertheless, That during the fishing season,
any inhabitant of the neighbouring towns shall be supplied by the
committee or some person by them appointed for that pui'pose, to the
number of three hundred of the said fish, or any less quantity, if
thereto requested, such inhabitant paying therefor at a rate not ex-
ceeding one shilling per hundred ; and in case of neglect or refusal to
supply such inhabitant as aforesaid, upon application of the aggrieved
person to any justice within the county of Barnstable, not an inhab-
itant of Wellfleet, such justice may authorize and appoint some suitable
person to catch and take the said fish, and supply the inhabitants of

INLAND FISHERIES. 29

the neighbouring towns therewith, the person so appointed to conform
to the rules established l\v the said committee, respecting the time
and place of taking the said fish, and to be allowed by the said justice,
from the sale of the fish he shall so take, a reasonable sum for his
time and trouble ; and if any overplus remain after being paid as
aforesaid, the same shall be by him paid to the treasurer of the town
of Wellfleet.

Sect. 7. Be it further enacted, That all fines and forfeitures in-
curred b}' any breach of this act, may be sued for and recovered before
an}' justice of the peace in the said county of Barnstable ; and all fines
recovered for any breach of this act, shall enure, one moiety thereof
to the said town of Wellfleet, and the other moiety thereof to him
or them that shall sue for and recover the same. And no person,
by reason of his being one of the said committee or an inhabitant
of the town of Wellfleet, shall thereby be disqualified from being
a witness in any prosecution for a breach of this act. — [June 19,
1788. ,

[Repealed 1836, 56.]

1789.

An Act to prevent the Destruction of Fish called Shad and Alewives, in Mystic River, so
called, within the towns of Cambridge, Charlestown and Medford, and for repealing
all laws heretofore made for that purpose.*

[An Act for continuing this Act and including Woburn and Maiden, Feb 27, 1794,
Separate provision for Medford, Feb. 11, 1803.]

Sp. Laws, vol. 1, p. 238. Whereas the fishery in Mystic River,
in the county of Middlesex, if properlj^ regulated, will be of great
public utility, as it serves to promote the cod fishery, and is also of
advantage to the particular towns through which the river runs, afford-
ing, in some measure, subsistence and support to the inhabitants
thereof, and it is, therefore, necessary to be preserved :

Sect. 1. Be it enacted, That the inhabitants of the towns of
Cambridge, Charlestown and Medford, respectively, at a town meet-
ing, to be held in the months of March or April, annually, at the
time of choosing other town officers in their respective towns, be and
they hereby are authorized and directed, to choose, for each of said
towns, three suitable persons, in their respective towns, as a " Com-
mittee for the preservation of Fish," who shall be sworn to the faith-
ful discharge of their duty ; and the said committee, or the major part
of them, in their own town, shall have full power and authority to
cause the natural course of the said river, and the streams running
into it, to be kept open and without obstruction, and to remove all
such obstructions, as may be found therein ; and to make the passage-
way wider or deeper, if they shall find it necessary. And the said

* Limited to five vears.

30 LAWS RELATING TO

committee, or a major part of them, in their respective towns, shall
have authority for such purposes, to go on the land of any person
which may border on said river or streams, without being considered
as guilty of a trespass ; and to remove across such land any such ob-
structions, implements or tools, as may, in any way, impede, obstruct
or hinder any fish from passing freely up and down said river or
streams, otherwise than by this act is provided. And any person who
shall hinder or obstruct said committee, or a majority of them, wliether
in crossing such land, or in executing any part of the business by this
act assigned them, shall forfeit and pay for every such offence, a sum
not exceeding three pounds, nor less than twenty shillings, to be re-
covered in any court, proper to try the same.

Sect. 2. Be it further enacted, That no shad or alewives shall be
caught in any of the above mentioned towns, above Medford bridge,
in tlie said river or streams, or in Mj-stic Pond or Spy Pond, whether
with a seine, drag-net, marsh-net, basicet, or an3' other implement of
that kind, or made to answer such purpose, except as is hereafter in
this act provided. And ever}' person offending herein, shall, upon
due conviction, forfeit and pay the sum of three pounds, for every
such offence, and shall also forfeit the implements or tools used in
committing the offence. And no person shall, at any time, place any
kind of obstruction in said river, streams or ponds, which may obstruct
or hinder any shad or alewives from passing up or down the same.
And no person shall be permitted, by disturbing tlie waters aforesaid,
or by an}' other means, to I'estrain or interrupt any of tliose fish in
their passage up and down said river and streams. And every person
offending in either of these particulars, shall, upon conviction, forfeit
and paj' the sum of three pounds for every such offence ; and ever}'
wear, net, or other obstruction, matter or thing, placed or used for
such purpose, shall also be forfeited, if found in any of the waters
aforesaid ; and shall be disposed of by said committee or a majority
of them, for the same purpose as the other forfeitures are to be applied
to by this act, so far as the proceeds of the sale shall not be necessary
for the particular appropriations in this act.

Sect. 3. Be it further enacted, That, in order to secure to said
towns of Cambridge, Charlestown and Medford, their equal benefit
from said fishery, the inhabitants of the town of Cambridge shall,
within the limits of that town, have full right to catch with any kind
of net, seine, or other fishing implement, any shad or alewives, on
Monday, Tuesday and Friday, in every week, from the first day of
March to the last day of June inclusively ; and the inhabitants of
Charlestown and Medford shall, in like manner, in their respective
towns, have full right to catch any shad or alewives, in the waters

INLAND FISHERIES. 31

aforesaid, ou Monda}', AVednesda}' aud Friday, in every week included
in said term.

Sect. 4. Be it further enacted^ That any person being an inhabi-
tant of either of those towns, shall, each in his own town, in the
river, streams and ponds aforesaid, with any kind of fishing imple-
ment, on those da^ys onl}', wliich are, with respect, to each of said
towns before mentioned, have the right of catching said fish, between
sun-rising on said days before mentioned, until sun-rising on the next
da}' ; and no obstruction, instrument or tool, shall be set, placed or
used, for the purpose of hindering or catching of the fish aforesaid,
in the waters aforesaid, till the sun shall be risen on said da3's ; nor
shall any such instrument be permitted to remain or be used in said
river, streams or ponds, after the rising of the sun as afore-meijtioned ;
and no such obstruction shall be allowed to be placed, used, or ta
remain in said river, streams or ponds, on any other daj's or times
than is herein limited and prescribed ; under the same penalties and
forfeitures, to be incurred b)- any and every person placing or using
the same, as are provided b}' this act, to be forfeited and paid by per-
sons catching said fish, except as this act provides.

Sect. 5. Be it further enacted, That, if any inhabitant of any
other town shall, at any time, take or hinder shad or alewives, within
the limits of either of said towns, without leave first obtained from
the selectmen of the town in which he shall take or hinder those fish,
or unless the person taking or hindering them, shall be immediately
in the employ or service and laboring for the benefits of some inhabi-
tant of such town ; ever}' person so offending, shall, upon a due con-
viction, forfeit aud pay the same penalties and forfeitures, as by this
act are provided against persons taking, obstructing or hindering said
fish, at any other times than those particularly permitted.

Sect. 6. Be it farther enacted, That the said committee, or a
majorit}' of them, in their respective towns, shall have full authority
to execute this act, so far as relates to seizing, removing, and selling
any implements or tools, used for hindering, taking, disturbing or
turning back the fish in said river, streams or ponds ; and in and
after the execution of said trust, they shall not be considered as
guilt}' of a trespass therein ; nor shall any action lie against them, or
either of them, for any necessary damage done to the lands or fences
of any person, in executing said trust ; but if the proceeds of the
sale of said implements, or other materials, shall be found insufficient
to defray all the necessary charges, and the reasonable fees of the
committee, not exceeding four shillings to each committee-man, for
each day so spent by him, and all reasonable and necessary assistance ;
then the remainder of such damages and costs shall be recovered in
an action of debt, to be brought by the persons to be benefited by the

32 LAWS RELATING TO

same ; whether committee-men, or persons owning lands or fences
damaged, with all the costs of suit against the person committing the
offence, in an}- court proper to tr}' the same, within the county of
Middlesex. And the said committee, or an}- other person, may sue
for and recover, upon due and legal conviction, in any court proper
to try the same, all penalties which shall arise, or become due in their
respective towns, for any breach of this act, either upon action of
debt, or upon indictment or information ; one-half of the penalty to
accrue to the person recovering the same, the other half to be paid to
the treasin-er of the town where the offence was committed, for the
use of the poor of the same town.

Sect. 7. Be it farther enacted, That all fines and penalties that
may be incurred for a breach of this act, not exceeding four pounds,
may be sued for and recovered before any justice of the peace for the
county of Middlesex, saving the right of appeal, to any person ag-
grieved by the sentence of said justice, to the court of general sessions
of the peace, next to be holden for said county.

This act to be in force for the space of five years, from the first day
of March next, and no longer. — [February 16, 1789.

[1820, 67.]

[Sp. Laws, vol. 1, p. 180.J

1789.

An Act in addition to an Act passed the last year, entitled " An Act for the preserva-
tion of the Fish called Alewives, in Mattepoiset River, in Rochester, in the County of
Plj-mouth, and for regulating the taking the said Fish in the said River."

Sp. Laws, vol. 1, p. 247. Whereas it is provided in and by the said
act, that the owner or owners of each and every mill-dam on said river,
shall make, provide and continue a sluice-way of three feet wide and
eight inches deep, for the said fish to pass their respective dams, as
low as the selectmen of the said Rochester shall judge convenient for
the said fish to pass in ; and the selectmen of the said town of Roches-
ter be auihorized to open said sluice-ways on the second Monday of
April, annually, in order to let the said fish pass the said dams. And
whereas it is found, by experience, that the keeping of said sluice-
ways shut till the second Monday in April, annually, greatly impedes
the course of said fish :

Sect. 1. Be it enacted. That from and after the passing this act,
the selectmen of the said town of Rochester are hereby authorized, on
any day between tiie last day of March and the second Monday of
April, annually, to open the said sluice-ways, which, when opened by
ihem, shall remain open until the twentieth day of May, annually,
under the same penalty as is provided in said act, for said ^luice-wavs
being stopped between the second Mon(la\- of April and the twentieth
day of May.

INLAND FISHERIES. 33

Sfxt. 2. Be it further enacted, That, if any person shall presume
to take an}' of said fish in the brook, leading out of Little Long Pond
(so-called) into Sniptuet Pond, such person shall be subject to the
same penalty' as is provided in said act for taking fish in said Matte-
poiset River at a time not allowed by the committee of said town to
take said fish in said river. And whereas there is no provision made
in said act to prevent persons taking said fish in said river, or by
seines in a part of the harbor therein described, before the tenth day
of April, anuuall}' :

Sect. 3. Be U further enacted, That if any person shall presume
to take an}' of said fish in said river, or to stretch anj' seine in that
part of the harbor into which said river empties which is described in
said act, between the last day of March and the tenth day of April,
annuallv, such person or persons shall be subject to the same penalty
as is provided b}' said act for doing the same between the tenth da}'
of April and the twentieth day of May.

Sect. 4. Be it farther enacted, That the inhabitants of the said
town of Rochester, at a legal town-meeting warned for that purpose,,
may sell, or dispose of, on such terms and in such manner as they
may tliink proper, the exclusive right of taking said fish in said river,
for any number of days, not exceeding three in each week, no one
sale to be for a longer term than one year. And, whereas, by reason
of the swamp and thickets through which said river runs, it may be^
very difficult to procure proof of the violations of this act, and the act
to which this is an addition : Therefore,

Sect. 5. Be it enacted, That if the committee of said town, or
any member thereof, shall detect any person attempting to take said
fish, on any day, in any place or in any manner other than is allowed
by said committee, and said person has any of said fish in his or her
custody, or if the said committee, or other member of said town, shall
find any such fish in any person's custody, near to, or coming from
said river, such person shall be deemed to have taken such fish
illegally, and shall be subject to the penalties provided by this acty
and the act to which this is an addition, unless such person can give
a satisfactory account how he or she came by such fish.

Sect. 6. Be it further enacted, That any member of the committee
of said town of Rochester, appointed in consequence of said act, may
bring forward an action of debt, for the recovery of the penalty or
penalties provided in said act, or in this act, in his own name, and
the name of the said town of Rochester, and shall be entitled to one-
half the sum or sums so recovered, anything in said act to the contrary
notwithstanding. — [June 15, 1789.

[Sp. Laws, vol. 1, p. 290; vol. 3, p. 91; 1810, ch. 60; 1814, 99; 1817, 136; 1820, 70;

1829, 41.]

34 LAWS RELATING TO

An Act for reviving and continuing Sundry Laws that are expii-cd or near expiring.
Sp. Laws, vol. 1, p. 249. Whereas, the several acts hereafter
mentioned, which are now expired, or near expiring, have been found
useful and beneficial, viz. : An Act made in the yeav of our Lord one
thousand seven hundred and seventh-three, entitled " An Act for
regulating the Alewive fishery in the town of Halifax, in the county
of Plymouth."

An Act regulating the taking of the Fish called Alewives, in the Town Brook, so called,

in the Town of Plymouth.*

8p. Laws, vol. 1, p. 250. Sect. 1. Be it enacted. That said fish
may be taken between the two grist-mills now standing on said
brook, and shall not be taken in any other part thereof, and at such
time or times only as a committee who may be appointed by said
town, as is hereafter provided, ma}- oirect.

Sect. 2. Be U further enacted, That the inhabitants of said town
of Plymouth, at their meeting for the choice of town officers in March
or April annually, be and they hereby are authorized and directed to
appoint five or seven persons a committee to oversee the taking said
fish as aforesaid, which committee shall distribute the said fish taken
b}' them, or under their direction, as equally as circumstances will
admit, to such of the inhabitants of said town as may apply for the
same, and for the fish so supplied and delivered the committee afore-
said shall demand and receive, of the person or persons applying
therefor, paAment at such rate or rates as the inhabitants of the said
town at their annual meeting in March or April may direct, excepting
of such poor persons as may be named in a list annually to be made
out by the selectmen of said town, and who, in the opinion of the
selectmen, are unable to pay for the same, which list shall be given to
the committee, and the person or persons borne on the same shall be
supplied with such quantities of said fish, gratis, as the committee
may think expedient. And the committee aforesaid shall have such
allowance for their services as the inhabitants of said town, at the
time of appointing said committee, shall determine, and shall annually,
in the month of September next following their appointment, exhibit
their accounts to the selectmen of said town for settlement and allow-
ance, and pa}' the balance remaining in their hands, if any, to the
treasurer of the town of Plymouth, for the town's use.

Sect. 3. Be it further enacted, That the said committee, or the
major part of them be and are hereby authorized and empowered to
open any dam, or the sluice of any mill or other water-works erected,
or that ma}- be erected on or over said brook, at the expense of the
owner or owners of such dam or sluice, provided such owner or owners

* Extended to Fresh Pond Brook, June 25, 1798.

INLAND FISHERIES. 35

shall neglect to open the same when thereto required by said com-
mittee, or the major part of them as aforesaid ; and the dam or sluice
that may be so opened, shall continue open to such depth and width,
and for so long a time, as the said committee, or the major part of
them may judge necessary ; and if any person or persons shall obstruct
the passage-waj's allowed or ordered by said committee, or the major
part of them, in any dam or sluice-wa}', or shall obstruct the passage
of said fish in anj- part of said brook than is permitted by this act,
such person or persons so offending, shall forfeit and pay a sum not
exceeding fifl}' pounds, nor less than ten pounds.

Sect. 4. Be it further enacted, That if any person or persons,
other than the said committee, or such persons as shall be by them
employed shall take any of the said fish in the said brook, or any part
of it, at an}' time, or b}' any wa3's or means whatsoever, each person
so offending shall forfeit and pay a sum not exceeding fort}- shillings,
nor less than ten shillings, for ever}' such offence.

Sect. 5. Be it further enacted^ That all' penalties incurred b}' the
breach of this act may be sued for and recovered by the treasurer of
the town of Plymouth, for the time being, in any court in the county
of Plymouth proper to try the same ; and all sums so recovered shall
be appropriated to the use of the said town ; and in case any minor
or minors shall offend against an}' part of this act, and thereby incur
any or either of the penalties aforesaid, in all such cases the parents,
master or guardians of such minor or minors shall be answerable
therefor ; and in case of a prosecution of such minor or minors lor
any such offence, the action shall be commenced against the parents,
masters or guardians of such minor or minors, respectively, and judg-
ment be rendered against any parent, master or guardian in such case,
in the same manner as for his or their personal offence.

Sf.ct. 6. Be it further enacted, That no person by reason of being
an inhabitant of said town, or one of said committee, shall be thereby
disqualified from being a witness in any prosecution for a breach of
this act. — [June 20, 1789.

1790.

An Act empowering the Town of Pembroke to regulate and order the taking and dis-
posing of the Fish called Alewives, within the limits of the said Town.

Sp. Laws, vol. 1, p. 269. Whereas the town of Pembroke, in the
county of Plymouth, hath been at considerable expense and charge in
opening a passage for the fish called alewives, from the sea into the
ponds called the Indian Ponds, being wholly within the bounds of the
said town, it is but reasonable and just that the ordering of the taking
of the said fish, and the disposition of them, when taken, should be
wholly vested in the said town. And whereas, an act heretofore

36 LAWS RELATING TO

made for that purpose has been found inadequate to the purposes
thereby intended :

Sect. 1. Be U enacted, That it shall and may be lawful for the
inhabitants of the said town of Pembroke, at a meeting legally and
rogularh' assembled for that purpose, from time to time, and at all
times hereafter, to determine and order how, in what manner, by
whom and at what place or places, time or times in the year, said fish
may be taken within the town aforesaid, and shall cause a cop}^ of
such order, attested b}' the town clerk, to be posted up in some public
place in said town, whereunto all persons shall conform with regard
to the taking and disposing of said fish, on penalty that the offender
against the same shall forfeit and pa}' a sum not exceeding three
pounds, nor less than forty shillings, for each offence, at the discretion
of the justice before whom the same shall be tried.

Sect. 2. Be it further enacted. That the inhabitants of the town
of Pembroke shall be, and hereby are, empowered and directed annu-
all}' to choose three or more persons, being freeholders in the said
town, to see that this act be duly observed, agrceablj^ to the directions
of said town ; and each person so chosen shall be sworn faithfull}' to
discharge the duties required of him b}' this act ; and the said com-
mittee are hereby authorized and empowered to cause the natural
course of the stream, through which the said fish pass, to be kept open
and without obstruction, and to remove an}' such as maj' be found
therein ; and the said committee, or either of them, shall have author-
it}', for those purposes, to go on the land or meadow of any person
through which such stream runs, without being considered as trespass-
ers ; and any person who shall hinder or molest said committee, or
either of them, in the execution of his or their office, or shall obstruct
any passage-way in said rivers or streams within the said town of
Pembroke, otherwise than may be allowed of by the said town, he or
they shall forfeit and pay a fine for every- such oflTence, not exceeding
the sum of five pounds, nor less than three pounds.

Sect. 3. Be it further enacted, That if the committee, or either
of them, shall detect any person or persons in attempting to take any
of the said fish at any time, or in any place, or in any manner, other-
wise than is allowed by the said town, or shall find such fish with such
person or persons, they shall be deemed to have taken the said fish
unlawfully, and shall be subject to the penalties of this act accordingly,
unless such person or persons can make it appear on trial that they
came by the said fish in some other way.

Sect. 4. Be it further enacted, That the said committee be em-
powered, and are hereby empowered and authorized, to open the
sluice-ways through any dam or dams that are or may be erected

INLAND FISHERIES. 37

within the town of Pembroke, on the stream leading out of the great
ponds, at the expense of the owner.

Sect. 5. Be it further enacted, That no person shall be considered
as disqualified from being a witness on an}' trial that may be bad
pursuant to this act, on account of his belonging to or being an inhab-
itant of the said town of Pembrolie.

Sect. 6. Be it farther enacted, That if an}' servant or minor shall
be found taking an}- of said fish in an^-wise contrary to this act, or
contrar}' to the rules and orders of said town of Pembroke as aforesaid,
the parents, masters or guardians of such minors or servants shall be
liable for the fines and forfeitures incurred by a breach of this act, or
the rules and orders of the town aforesaid.

Sect. 7. Be it farther enacted, That in case an}' poor or indigent
person or persons shall be found taking any of the said fish contrary
to this act, or contrarv to the rales and orders of said town of Pem-
broke, it shall be lawful for the committee or overseers of said brook,
chosen as aforesaid, to take from such poor or indigent person or per-
sons their net or nets, with which they ma}^ be found taking said fish,
and detain them in their custody for the space of one month, or until
they do appear and pa}' the fines and forfeitures arising by the breach
of this act and the orders of the town aforesaid ; and in case the said
poor person or persons do not appear and pay the fines and forfeitures
as aforesaid, within one month as aforesaid, the said net or nets shall
be forfeited to and fur the use of the poor of the said town of Pem-
broke.

Sect. 8. Be it further enacted. That no person or persons, at any
time between the first day of April and the fifteenth day of June an-
nually, sliall rnter the river commonly called and known by the name
of Barker's River, above where said river adjoins to Indian Head
River, so called, with an intent to drive, seine or otherwise disturb
the fish in said river where the tide ebbs and flows, on penalty of five
pounds for each ofl'ence, to be recovered in manner hereafter men-
tioned.

Sect. 9. Be it farther enacted, That no person or persons shall
presume to set, draw or cast any seine, drag or set-net, of any dimen-
sions whatsoever, in the North River, so called, except on the Monday
and Friday of each week, and that between the sun's rising and setting
of each day ; and that no seine, drag or set-net shall be set, drawn or
cast in said river above what is commonly called and known by the
name of the Third Herring Brook, or Smelt Brook.

Sect. 10. Provided, nevertheless. That the inhabitants of the sev-
eral towns adjoining the said river are hereby permitted and allowed
to set set-nets or scoop-nets at North River Bridge, so called, on the

38 LAWS RELATING TO

Monday and Friday evenings of the said days in each week, from
eight of the clock in the afternoon to ten of the clock in the evening
of the same da}', between the first day of April and the fifteenth day
of May annually, on the penalty of five pounds for each offence.

Sect. 11. Be it further enacted, That all fines and forfeitures
accruing for any breach of this act shall be one half to the use of the
poor of the said town of Pembroke, and the other half to him or them
who shall sue and prosecute for the same, to be recovered by action of
debt in any court proper to try the same. And all former laws here-
tofore made for the regulation of the alewive fishery in the town of
Pembroke, are hereby- repealed. — [February 26, 1790.

[Sp. Laws, vol. 1. p. 236; 1811, 72; 1814, 128; 1840, 45; 1848, 116; 1853, 350; 1856, 83;

1865, 47.]

[Sp. Laws, vol. 1, p. 10.]

An Act to regulate the catching of Shad, Salmon and Alewives, and to prevent Obstruc-
tions in Merrimack River, and in the other Rivers and Streams running into the same,
within the Commonwealth, and for repealing several Acts heretofore made for that
purpose.

Sp. Laws, vol. 1, p. 272. Sect. 1. Be it enacted, That an act
passed in the year of our Lord one thousand seven hundred and
•eighty-three, entitled "An Act to regulate the catching Salmon, Shad
and Alewives, and to remove and prevent obstructions in Merrimack
River, and in the other rivers and streams running into the same
within this Commonwealth, and for repealing several acts heretofore
made for that purpose," together with the several subsequent acts in
addition thereto, be and are hereby repealed, except so far as may
relate to any action, indictment or information which have been
alread}' commenced for the breach of the same.

Sect. 2. Be it further enacted. That no person or persons what-
ever be allowed, from and after the passing this act, to catch an}''
salmon, shad or alewives in any part of the Merrimack River, or in
any river or stream centering to and running into the same, within
this Commonwealth, oftener or more than three days in a week, the
days to be Monday, Tuesday and Wednesday in each week, and from
sunrise on Monday morning to sunrise on Thursday morning. And
if any person or persons shall catch an}^ salmon, shad or alewives in
Merrimack River, or an}' river or stream centering to or running into
the same, or shall drag any seine or drag-net, or set any net or pot, or
use any other machine for the purpose of catching any of the said fish
in the said rivers and streams, and within this Commonwealth, at any
other time or place than by this act is allowed, each and every person
so offending shall forfeit and pay for each offence a fine not less than
thirty shillings, nor more than four pounds, at the discretion of the
court before which trial shall be had, according to the aggravation of

INLAND FISHERIES. 39

the offence, and the seine, net, pot or other machine so used shall
be forfeited.

Sect. 3. Be it further enacted^ That if any person or persons shall
erect any obstruction or incumbrance in or across the said Merrimack
River, or in any of the rivers or streams running into the same, or
continue such as are already erected, so as to prevent the free passage
of the said fish up and down the said rivers and streams, he or they
so offending shall forfeit and pay a fine of twenty pounds.

Sect. 4. Be it further enacted. That no person or persons, from
and after the passing of this act, shall at any time catch any salmon,
shad or alewives with seines, nets, pots or in any other way, at the
mouth or entrance of the aforesaid streams or rivers (or within
eighty rods of the same, up such rivers or streams, nor in the mouth
of Concord River below Tyler's or Spaulding's mill-dam), in which
such fish usually go up to cast their spawn, nor in any pond from
which such rivers or streams proceed, nor in any brook or rivulet that
run into such ponds ; and any person or persons so offending shall
for each offence forfeit and pay a fine not less than thirty shillings,
nor more than four pounds, at the discretion of the court before which
trial shall be had, according to the aggravation of the offence; and
the seine, net, pot or other machine used in catching the same shall
be forfeited.

Sect. 5. Be it farther enacted, That if any person or persons
shall fish with a seine or net exceeding eighteen rods in length, or
extend more than one seine or net on the same fishing ground, at
cne and the same time, he or they shall for each offence forfeit and
pay a fine of four pounds, and such seines or nets shall be forfeited.

Sect. 6. Be it fiirther enacted, That from and after the passing
this act, every town in this Commonwealth bordering on Merrimack
River, and in which there are any ponds, rivers or streams centering
to or emptying themselves into Merrimack River, where salmon,
shad or alewives do or would (if not obstructed) go up to cast their
spawn, shall at their annual meeting in the month of March or April
annually, choose by ballot, at least four suitable and fit persons as
fish-wardens, whose duty it shall be jointly and severally to see that
this act, and the act for keeping open sluice-waj'S in dams, be carried
into effect, and to inform against any person or persons that shall
offend against the said acts, and to examine and measure seines and
nets used in catching the said fish, and to see that all obstructions in
the rivers and streams aforesaid be removed, and to prosecute all
breaches of the said acts. And all persons chosen fish-wardens
as aforesaid shall be sworn to the faithful discharge of the duties of
their office ; and when so sworn, they shall have power to pursue, and
they are hereby authorized to pursue and execute the duties of their

40 LAWS RELATING TO

said office, in any town or place wilhin tliis Commonwealth where this
act can operate or have force. And if any person chosen as aforesaid
shall refuse or neglect to be sworn to the faithful discharge of the
duties of the said office, he shall forfeit and pa}^ a fine of forty
shillings for the use of the poor of such town, to be recovered by
the town treasurer; and such town shall proceed to a new choice,
and so toties quoties. And an}- person who shall prevent any
fish-warden from measuring any seine or net which shall be used
for the purpose of taking fish in the said rivers and streams, shall
forfeit and pay the sum of four pounds. And if an}' of the towns
aforesaid shall neglect to choose fish-wardens annually, agreeably to
the true intent of this act, such town shall forfeit and pay a fine of
fift}' pounds, for the use of the count}' in which such delinquent town
lies.

Sect. 7. Be it further enacted, That if any fresh salmon, shad or
alewives shall be found with or in the possession of any person or
persons whatever within three miles of any of the said rivers or streams,
and within this Commonwealth, at any other time than that allowed by
law for catching the said fish in the said rivers and streams, such
person or persons shall be held and accounted in law to be guilty of
catching such fish contrary to the true intent and meaning of this act,
and shall pay a fine accordingly ; unless such person or persons shall
make oath in the court before whom the trial is had, that the said fish
were actually caught within the time allowed by law for catching the
same, or make proof who was the person or persons that caught such
fi-ih, or who sold the same.

Sect. 8. Provided, ahvays, That every justice of the peace to
whom complaint shall be made against any person or persons for
haAing in his or their possession any fresh shad, salmon or alewives,
as afuresaid, shall, before he issues his warrant against the person or
persons claimed of, cause the complainant to make oath to his com-
plaint, and that he really believes such fish were caught at a time
prohibited by law for catching the same.

Sect. 9. And be it enacted, That any of the said fish-wardens,
grand jurors, sheriffs, deputy sheriffs, or constables, shall have a right
to seize any seine, net, pot or other machine, employed in any of the
said rivers or streams for the purpose of catching the said fish at any
other time or place than such as are allowed by this act. And any
person or persons that shall prevent such fish-warden, grand juror,
sheriff, deputy sheriff, or constable, from such seizure, or shall rescue
any seine, net, pot or other machine from such officer, when seized,
shall, on conviction thereof before a justice of the peace, pay a fine
not less than thirty shillings nor more than four pounds, and shall be

INLAND FISHERIES. 41

liable to answer to the seizing oflicer, in an action of trespass, for
double the value of such seine, net, pot or other macliine.

Sect. 1 0. Be it farlher enacted, That when any seine, net, pot or
other macliine shall be employed for the purpose of catching fish, at
any time or place not allowed by this act, and shall be seized by any
of the officers aforesaid, it shall be the duty of such officer to give
information to some justice of tlie peace within the county wherein
such seine, net, pot or other machine was found employed as afore-
said ; a copy of which information, containing the times when and
the place where such seine, net, pot or other machine was seized,
shall, b}' order of such justice, be posted up in some public place in
each of the two towns next adjoining the place where such seine, net,
pot or other machine was seized ; and also a notification to all persons
interested in such seine, net, pot or other machine, to appear before
the said justice, at a time therein named (which shall be within four-
teen days, and shall not be less than seven days from the time of
posting up the notification), to show cause, if an}' they have, why
such seine, net, pot or other machine should not be forfeited ; and if,
upon trial, the claimer or claimers shall produce sufficient evidence
that he and they were ignorant of the unlawful use of their seine,
net, pot or other machine, and shall give information of the person or
persons untawfuU}' using the same, the seine, net, pot or other ma-
chine, seized as aforesaid, shall be restored to the claimer or claimers
thereof. And the person or persons convicted of using the same
without the consent of the owner, shall, in addition to the penalty
in this act provided for fishing on daj's not herein allowed of, pay
another fine of twenty shillings each, or suffer imprisonment in the
common gaol, not exceeding twenty days ; but in all cases where the
owner or owners shall not produce evidence of the person or persons
offending, their seine, net, pot or other machine shall be adjudged
forfeited.

Sect. 11. Be it enacted. That on complaint, made to any justice
of the peace for the county where any offence against this act shall
be committed, against any person or persons for breach of this act,
or upon view of any justice of the peace, such justice is hereby
empowered to issue his warrant, directed to a proper officer, to
apprehend such oflfender or offenders, and bring him or them before
him, or some other justice of the peace in the same county, to answer
for the offence.

Sect. 12. Be it farther enacted, That all fines and forfeitures,
incurred by breach of this act, where the fine, exclusive of the net, seine,
pot or other machine used in such breach, doth not exceed four pounds,
shall be recovered before an}^ justice of the peace in the count}' where
the offence is committed ; an appeal being allowed, to either party, to

42 LAWS RELATING TO

the court of general sessions of the peace, next to be holden in and
for the same county : provided, such appeal is claimed in open court,
within one hour after judgment is declared ; ptrovided, also, that the
appellant recognize with sufficient sureties to prosecute his appeal to
effect, and abide the final judgment thereon ; and the justice shall
bind over the witnesses against such offending person or persons ;
and in case of conviction before the justice, and no appeal had, the
person or persons so convicted, shall, upon neglect to* pay to the
justice the fine so laid on him or them, and legal costs, be committed
to the gaol of the count}'', there to remain until payment be
made ; and all fines, upwards of fuur pounds, exclusive of the
seine, net, pot or other machine, shall be recovered b}' bill, plaint or
information in any court within this Commonwealth proper to try the
same.

Sect. 13. Be it enacted, That it is hereby made the duty of all
grand jurors, sheriffs, deputy sheriffs and constables, diligently to
inquire after and duly to prosecute all breaches of this act.. And the
testimony of any fish-warden, duly chosen and sworn as aforesaid,
grand jur.ors, sheriff, deputy sheriff or constable under oath, in
court, shall be sufficient evidence to convict au}'^ person of a breach
of this act, unless such testimony be invalidated by other sufficient
witnesses.

Skct. 14. And be it enacted, That all fines and forfeitures in-
curred by breach of this act, not otherwise appropriated, shall enure,
one moiety thereof to the poor of the town where the offence shall be
committed, and the other moiety to him or them who shall make
information of the same.

Sect. 15. Provided, always. That the said fish may be taken in
the mouth of Concord River, with nets and seines, below Tyler's and
Spaulding's mill-dam, two days in a week, the days to be Tuesday
and Wednesday, from sunrise on Tuesday to sunrise on Thursda}'.

Sect. 16. And be it enacted. That the fish officers which ma}' be
chosen, by virtue of the acts which this act repeals, by any town prior
to their knowledge of this act, shall have and exercise the same powers
as are delegated to fish-wardens by this act. — [March 4, 1790.

[Sp. Laws, vol. 1, pp. 442, 511 ; vol. 2, p. 35; vol. 3, pp. 43, 441, 577; 1806, 28; 1808,
94; 1811,175; 1812,84; 1819,4,20; 1820,22, 70; 1822, 75; 1832, 56; 1846, 92; 1856,
289 ; 1865, Res. 45 ; 1866, 238 ; 1867, 289 ; 1869, 422 ; 1872, 235 ; 1874, 144 ; 1876, 50 ;
1881, 103, 104; 1882, 166; 1883, 31, 121; 1884, 317.1

INLAND FISHERIES. 43

[Sp. Laws, vol. 1, p. 269.]

An Act for the Presei'vation and Increase of the Fish called Alewives, in Acqnesnet
River, in the town of New Bedford, in the County of Bristol, and for regulating the
taking the said Fish in the said River.

Sp. Laws, vol. 1, p. 283. Sect. 1. Be U enacted., That the owner
or owners of each and ever}- mill-dam on the said river, shall make,
provide and continue a sluice-wa}' of two feet wide and eight inches
deep, for the said fish to pass their respective dams, as low as the
selectmen of the said town of New Bedford shall judge convenient for
the said fish to pass in ; and the selectmen of the said town of New
Bedford are hereby authorized, on the second Monda}' of April, annu-
ally, to open the said sluice-ways, which, when opened by them, shall
remain open until the twentieth day of May, annuall}' ; and the owner
or owners of any dam on the said river, who shall neglect or refuse to
make, provide and continue a sluice-way as aforesaid, or who, after
such sluice-wa}' is opened as aforesaid, shall shut or obstruct the same
during the term the said sluice-way is to be kept open as aforesaid,
shall forfeit and pa}- the sum of foit\' pounds for each oflfence.

Sect. 2. Be it further enacted.. That the said town of New Bed-
ford, at their annual meeting for the choice of town officers, in the
months of March or April, annuall}', are hereby authorized to choose
a committee, consisting of not more than twelve nor less than three
suitable, discreet persons, for inspectors of the said river ; whose
dut}' it shall be, within four days after their appointments, to post up,
in four public places in the said town nearest the said river, a notifi-
cation, under their hands, or the major part of them, pointing out
the times when and places where the said fish may be taken in the
said river ; and if an}' person shall pull down or deface such notifica-
tion, he or she shall, for each offence, forfeit and pay ten shillings ;
and if such committee shall neglect or refuse to post up such notifica-
tion within the said term of four da3-s, such committee shall forfeit
and pay ten shillings ; and any person who shall presume to take any
of the said fish, in the said river, except at the times and places
appointed b}- the said committee, as aforesaid, shall forfeit and pay
three pounds for each offence.

Sect. 3. Be it further enacted., That if an}' person or persons
shall make any wears or other obstructions to hinder the passage of
the said fish up the said river, each person so offending shall forfeit
and pay the sum of four pounds ; and any person who shall take or
catch any of the said fish in the said river with any other instrument
than a dip net, shall forfeit and pay forty shillings for each offence.

Sect. 4. Be it further enacted.. That all the forfeitures mentioned
in this act shall accrue to the said town of New Bedford, to be recov-
ered by the treasurer of the said town, in an action of debt, in any

44 LAWS RELATING TO

court proper to try the same ; and no person shall be considered as
disqualified from giving evidence in any such action, on account of
his livinii; in or being an inhabitant of the said town of New Bedford.
Sect. 5. Be it further enacted^ That an}' agreement which maj' be
made and entered into, between the said town of New Bedford and the
owner or owners of any dam on the said river, with regard to the
premises, shall be good and valid in law. — [June 19, 1790.

1791.

[Sp. Laws, vol. 1, p. 185.]

An Act to repeal in part an Act, entitled " An Act to prevent the Destruction of Fish

called Shad and Alewives, in Ten and Three Miles Rivers, in the County of Bristol." *

Sp. Laws, vol. 1, p. 287. Whereas the act entitled "An Act to
prevent the destruction of fish called shad and alewiwes, in Ten and
Three Miles Rivers, in the County of Bristol," appears not to be of
public utilit}', so far as the same act respects the said river called
Three Miles River :

Sect. 1. Be it therefjre enacted, That the said act to prevent the
destruction of the fish called shad and alewives, in Ten and Three
Miles Rivers, shall be and the same is hereby repealed and declared
null and void, from the time of passing this act, as to all matters
therein required or authorized to be done respecting the river called
Three Miles River, saving onh', that all acts and doings heretofore
lawfulh' performed by virtue of the said act shall and may be justified
thereby, this repeal notwithstanding. — [Feb. 11, 1791.

[Sp. Laws, vol. 1, p. 180.]

An Act for the more effectual Carrying into Execution the Laws regulating the Alewive
Fishery in Mattepoiset River, in the Town of Rochester, t

Sp. Laws, vol. 1, p. 290. Sect. 1. Be it enacted, That each and
ever}' person who, according to law, shall be chosen an inspector of
Mattepoiset River, shall, within six days after his being notified b}' a
constable of the town of Rochester of his being so chosen, take the
following oath before the clerk of said town, or some justice of the
peace for the county of Pl3mouth, viz. :

You, A. B., being chosen an inspector of Mattepoiset River for the
3'ear ensuing, do swear that you will prosecute all breaches of the laws
for the regulating the alewive fishery in said river, the year ensuing,
which shall come to your knovvledge. So help you God.

Sect. 2. Be it further enacted, That if any person who shall be
chosen an inspector of said river, as aforesaid, shall neglect to take
said oath for the space of six days after he is notified of his being so
chosen as aforesaid, he shall forfeit to the use of the said town of
Rochester thirty shillings, to be recovered by the treasurer of said

* March 10, 1788. f June 15, 1789, and March 1, 178S.

INLAND FISHERIES. 45

town in an action of debt, in any court proper to try the same. —
[Feb. 23, 1791.
[Sp. Laws, vol. 3, p. 91 ; 1810, 60; 1814, 99; 1817, 136; 1820, 70; 1829, 41 ; 1865, 183.]

An Act for regulating the Fishery in Connecticut River.
Sp. Laws, vol. 1, p. 296. Sect. 1. Be it enacted, That no person
or persons shall, between the fifteenth day of March and the fifteenth
day of Jane, in any 3'ear, set or draw any seine or seines, or any other
machine, for the purpose of catching fish in Connecticut River, or in
any river or stream falling into the same, from the rising of the sun
on Saturday morning until the rising of the sun on Tuesday morning.
And ever}' person that shall be convicted of any breach of this act
shall forfeit the sum of ten pounds, and also the value of the seine
and other machines or utensils used in fishing as aforesaid, to be
recovered by any person who shall sue for the same before any court
having jurisdiction thereof. And all acts heretofore made for regulat-
ing the fishery in the rivers and streams aforesaid are hei-ebj' repealed.
[March 7, 1791.

[Sp. Laws, vol. 1, p. 518; vol. 2, p. 154; 1812, 103; 1818, 157; 1835, 137; 1852, 122;
1864, 62; 1865, Res. 45; 1866, Res. 80; 1866,238; 1868, 130; 1869, 422; 1870, 369;
1874 144; 1875,39; 1878, 124; 1881,47, 103]

1792.

An Act to regulate the taking of Fish called alewives in the Town of Middleborough, in
the County of Plymouth, and for repealing a certain Law made for that pui'pose, in
the year of our Lord one thousand seven hundred and forty-nine.

[Additional Acts July 8, 1798; Jan. 21, 1802. Repeals Act of 1749; revived and made
perpetual March 7, 1797. Again repealed June 22, 1797. The Act 1764 made peri^et-
ual March, 7, 1797.)

Sp. Laws, vol. 1, p. 313. "Whereas the laws already made for
regulating the taking fish called alewives, at the places called the Old
Stone Ware and Assawomset Brook, in said town, are found incon-
venient. For remedy whereof,

Sect. 1. That from and after the passing this act, it shall and
may be lawful for the inhabitants of said town, annuall}', to farm or
hire out the privilege of taking said fish at the place called the Old
Stone W^are, and at such place in Assawomset, in said town, as the
inhabitants thereof shall vote and order, to such person or persons as
shall appear to give most for said privilege, four daj-s in a week, at
said Stone Ware, viz. : Tuesday, Wednesday, Thursday and Fri-
day ; and at Assawomset Brook three da3"s in a week, viz. : Mon-
day, Tuesday and Wednesda}', beginning at midnight preceding
Tuesday', and ending at midnight succeeding Friday, at said Stone
Ware, and at midnight preceding Monday, and ending at midnight
succeeding Wednesday, at said Assawomset Brook; said fish to be

46 LAWS EELATING TO

taken at said Stone Ware with scoop-nets onl}^ ; and at said Assa-
"womset Brook with scoop-nets or set-nets onl3\

Sect. 2. Be it further enacted. That the purchasers of said privi-
lege shall not ask or receive for said fish when taken, more than one
shilling per hundred,* and in that proportion for a greater or smaller
qaanliiy ; and that the purchasers of said privilege shall be obliged
to sell said fish at that rate, at all times when they shall have any on
hand, when applied to, upon the peualt}' of five pounds, to be recovered
by action of debt, in any court proper to try the same, for each neg-
lect or refusal ; one moiet}- thereof to the use of the poor of said town,
and the other moiety to the use of any person who shall prosecute for
the same ; and it shall be the duty of the inhabitants of the said town,
annually, to provide for such of the poor inhabitants thereof as shall
be unable to procure them for themselves, such quantities of said fish
as shall be thought necessary, who shall receive the same gratis ;
and in order thereto.

Sect. 3. Be it further enacted, That said inhabitants shall choose
a committee of nine discreet, judicious men, one in each constable's
district in said town, in the fall of the year annuall}', who shall report
to the overseers of the poor of said town, previous to the ensuing
spring, the number and names of such poor inahbitants, the number
in each familj', and their situation ; and it shall be the duty of such
overseers to apportion to every such family such quantity of said fish
as the}' in their discretion shall think necessary, and shall draw
their orders on the purchasers of said privilege for the same, which
orders shall be taken and received by said purchasers, equal to
monej', and shall be received of them by the treasurer of said town
equal to mone}', in discharge of the purchase money of the privilege
aforesaid.

Sect. 4. Be it further enacted. That any person who shall pre-
sume to take any of the said fish in any other wa}'^, at any other time,
or any other place in said river or brook, or anj- parts or dependencies
thereof, than those prescribed by this act, ever}- person concerned there-
in shall forfeit and pay for each ofl^ence the sum of forty shillings, to
be recovered by action of debt in an}' court proper to try the same,
one moiety thereof to the treasurer of said town for the use of the
poor thereof, and the other moiety to the party who shall sue therefor.

Sect. 5. Be it further enacted, That the scoop-net, or other instru-
ment by which any person shall take or attempt to take any of said
fish contrary to the true intent and meaning of this act, shall be for-
feit, and any other person shall have liberty to seize and secure the same
to his own use ; and if said scoop-net or other instrument, forfeited
as aforesaid, shall be carried away, concealed or withheld, so that

* The price fixed by this Act repealed Feb. 8, 1798.

INLAND FISHERIES. 47

the part}' attempting cannot take or come at the same, said party
so attempting to take said instrument maj* sue for and recover the
value thereof in a special action of the case, before any court having
proper jurisdiction thereof, against the owner or possessor thereof to
his own use.

Sect. 6. Be it further enacted, That if any person shall be found
near said river or brook, or going from thence, with any quantity of
said fish exceeding sixty in number, which are suspected to have been
taken in violation of this act, it shall be the duty of every person who
shall then suspect said fish to have been taken illicitly to examine the
possessor thereof respecting the means of his procuring them ; and if
he cannot make it appear that he came by them legally, he shall for-
feit the whole of said fish that he shall so be possessed of, to be
recovered in the same way and manner as scoop-nets and other instru-
ments are recovered, as provided in this act, aud be subject to the
penalty of forty shillings for taking fish contrary thereto, to be recov-
ered in the same way as is herein before provided in that particular ;
and to prevent difficulty and unnecessary expense to persons pur-
chasing said fish, it shall be the duty of the clerk of, or some one of
the purchasers of said privilege to give a certificate under his hand,
to all persons who purchase any quantity of said fish, exceeding sixty
in number, of the time when, and the place where, and the quantity
purchased, and his producing said certificate shall be evidence of his
obtaining said fish legally.

Sect. 7. Be it further enacted. That if any children or servants
shall offend against this act, unless their parents, masters or guardi-
ans, or some other person in their behalf, shall pay the penalty set
against such offenders within twelve hours after notice being given
them of such offence, such children or servants shall be proceeded
against by complaint before any justice of the peace in and for said
county, and upon conviction thereof shall be committed to the house
of correction, there to remain not less than five nor more than twenty
days, according to the nature of said offence, in the judgment and at
the discretion of the court or justice before which said conviction may
be had.

Sect. 8. Be it further enacted, That all persons not otherwise dis-
qualified shall be considered and taken to be competent and legal wit-
nesses in any prosecution upon this act, they being inhabitants of said
town of Middleborough, notwithstanding.

Sect. 9. Be it further enacted. That an act passed in the year of
our Lord seventeen hundred and forty-nine, entitled "An Act to pre-
vent the unnecessar}' destruction of alewives in the town of Middle-
borough," be and hereby is repealed.

Sect. 10. Provided, nevertheless, That no clause in this act shall

48 LAWS RELATING TO

extend to or be considered so as to effect an act passed in the
year of our Lord seventeen hundred and sixty-four, entitled "An
Act in addition to an act entitled 'An Act to prevent the unnecessary
destruction of alewives in the town of Middleborough.'" — [Jan. 30,
1792.

[Sp. Laws, vol. 2, pp. 192, 469; 1815, 111 ; 1819, 137.]

[Sp, Laws, vol. 1, p. 269.]

Ax Act for regulating the taking the Fish called Alewives, in their passage up Indian
Head River, so called, between the Towns of Pembroke and Hanover, in the County
of Plymouth, into a pond in said Town of Pembroke, known by the name of Indian
Head Pond.

Sp. Laws, vol. 1, p. 326. Sect. 1. Be it enacted, That there shall
be sluice-waj's made and opened through, or passage-wa3's made round
all and each of the dams standing on or across the river aforesaid,
sufficient in the judgment of the major part of the committee or com-
mittees of the aforesaid towns of Pembroke and Hanover, to be chosen
as is hereafter provided, for the passage of the said fish up the said
river to the aforesaid Indian Head Pond, in the town of Pembroke.

Sect. 2. Be it enacted, That the owner or owners of the several
dams that now are, or hereafter may be erected on said Lidian Head
River, shall make and provide such sluice-ways or passage-ways as
are by this act required to be opened and kept open from the tenth
day of April to the twentieth day of Ma}' annually.

Sect. 3. Be it further enacted, That if an}^ owner or owners of
any dams that now are, or may hereafter be erected on or across said
river, shall refuse or neglect to open and keep open such good and
sufficient sluice-wa}' or passage-way for the term aforesaid, he shall
forfeit and pay the sum of fifi}' pounds, to be recovered by action of
debt in any court proper to tr}' the same, one moiety to him or them
that shall sue and prosecute for the same, and the other moiety to the
aforesaid towns of Pembroke and Hanover.

Sect. 4. Be it further enacted. That the towns of Pembroke and
Hanover, at their respective town-meetings for the choice of town
officers, in the month of March or April annually-, shall choose at
least three persons, freeholders in each of said towns, who shall be a
committee to carry this act into effect, an}- four of whom shall be a
quorum, and shall be sworn as other town officers are, to the faithful
discharge of the duties of their office ; and if any person chosen as
aforesaid, and accepting of the said trust, shall neglect to take an
oath as aforesaid within seven da3's from his being so chosen, he shall
forfeit and pay the sum of ten shillings ; or being chosen and sworn,
if he shall neglect to perform his duty he shall forfeit and pay the
sum of five pounds ; the said forfeitures to be sued for and recovered

INLAND FISHERIES. 49

by the treasurer of the town where such offender belongs, for the use
of such town.

Sect. 5. Be it further enacted. That any three of said committee
shall have full power and authority to open, or cause to be opened and
kept open, such sluice or passage-ways at the expense of the owner
or owners of any dam or dams that now are, or hereafter may be
erected on or across said stream or river : provided, said owner or
owners shall refuse or neglect to open the same by the tenth day of
April annually. And said committee are hereby empowered to remove
all and every obstruction to the passage of said fish up or down said
river, that may be in or across the same ; and if, for the purposes
mentioned in this act, it shall be necessary for said committee, or
either of them, to go on the land of any person or persons through
which said river runs, it shall not be deemed a trespass; and if any
person or persons shall hinder or molest said committee, or either of
them, in the execution of his or their office, the person so offending
shall forfeit and pay a sum not exceeding twenty shillings, nor less
than ten shillings, to be sued for and recovered by and to the use of
the officer against whom the offence is committed ; and said com-
mittee shall not be liable to prosecution for any doings in the neces-
sary discharge of the duties of their office.

Sect. 6. Be it farther enacted, That the time when and the places
where said fish shall be taken in said river, or any brook or stream
discharging into said Indian Head River or Pond, shall be agreed
upon by and be under the regulations of the committees of the said
towns of Pembroke and Hanover, or the major part of them : provided,
the said committee shall not authorize the taking said fish more than
three days in a week in any of the places before mentioned ; and the
said committee shall post up notifications in two of the most public
places in each of the said towns of Pembroke and Hanover, specifying
the times and places when and where said fish shall be taken, six days
at least before the said tenth day of April annually.

Sect. 7. Be it further enacted. That if any person or persons
shall presume to take any of said fish, on the river or streams afore-
said, in any other way or manner than such as shall be directed by
the aforesaid committee, or the major part of them, he shall forfeit
and pay a sum not exceeding three pounds nor less than forty shil-
lings, at the discretion of the justice before whom the same shall be
tried ; one moiety to him who shall prosecute and sue for the same,
and the other moiet}^ to the use of said towns of Pembroke and
Hanover.

Sect. 8. Be it further enacted. That no person shall be disqualified
from being a witness on any trial that may be had pursuant to this
act, on account of his being an inhabitant of or belonging to either

50 LAWS RELATING TO

of the said towns of Pembroke or Hanover. And if any person or
persons shall be found having said fish in liis or their possession, and
there be reasonable grounds of suspicion that such person or persons
took said fish unlawfully, he or they shall be subject to the penalties
of this act, unless sufficient CA'idence be adduced that said fish were
taken agreeably to the spirit and meaning of the same. — [Feb. 22,
1792.

[1811,72; 1809,90.]

An Act to enable the Town of Framingham to regulate and order the taking of the Fish
called Shad and Alewives, within the limits of said Town.

Sp. Laws, vol. 1, p. 352. Sect. 1. Be it enacted, That from and
after the publication of this act, it shall and ma}^ be lawful for the
inhabitants of the said town of Framingham, at their annual meeting
in March or April, during the continuance of this act, to determine
and order in what manner and by whom the said fish called shad and
alewives may be taken within the limits of said town. And the said
inhabitants shall cause a copy of such order, attested b}^ the town
•clerk, to be posted up in some public place in said town ; whereunto
;all persons shall conform with respect to the taking said fish called
shad and alewives, within said town of Framingham, on penalty that
each and every offender against the same shall forfeit and pay the sum
of twenty shillings, to be sued for and recovered before an}^ court
proper to try the same ; one moiet}' to the informer, and the other
moiet}' to the poor of said town of Framingham.

Sect. 2. Be it further enacted. That any of the inhabitants of the
said town of Framingham, not concerned in violating this act, shall
and may be admitted as witnesses to testify in any action that may
be brought for the above penaltj' ; they being inhabitants of said
town notwithstanding. — [March 8, 1792.

[1821, 15,]

An Act to prevent the Catching of Fish in the Mouth of Agawam River.

Sp. Laws, vol. 1, p. 353. Sect. 1. Be it enacted, That from and
after the first day of April next, no person or persons be allowed to
catch any salmon, shad or alewives, with seines, nets, pots or in any
other way, in any part of said river within one mile of the mouth or
entrance thereof into Connecticut River. And if an}^ person or per-
sons shall presume to take or catch any fish in the said Agawam
River, contrar}' to the true intent of this act, each person so offending
shall, for each offence, forfeit and pay a fine of four pounds.

Sect. 2. Be it further enacted, That all nets or seines used in tak-
ing fish as aforesaid, shall be and hereby are forfeited to any person
or persons who shall seize the same, to his or their own use.

Sect. 3. Be it further enacted, That all fines and forfeitures in-

INLAND FISHERIES. 51

curred by any breach of this act shall and may be sued for and
recovered, by action of debt or information, before any justice of the
peace within the county of Hampshire ; one half of such fines shall
enure to him or them who shall sue or prosecute for the same, and
the other half to the poor of the town where the offence shall be
committed. — [March 8, 1792.

[1813, 147; 1826, 100; 1838, 19; 1844, 65; 1853, 377.]

An Act in addition to an Act passed February the twenty-second, one thousand seven
hundred and ninety, entitled " An Act to prevent the Destruction of the Fish called
Alewives in Taunton Great River (so called), in the county of Bristol, and to regulate
the Catching of said Fish therein for the future."

Sp. Laws, vol. 1, p. 354. Whereas the provision made in the said
act for preventing the destruction of the said fish has been found
insufficient for that purpose :

Sect. 1. Be it enacted^ That from and after the publication of this
act, it shall not be lawful for an}- person, with scoop-nets or any other
instruments, nor at any other time or place than is allowed by said
act, to molest, hinder or take said fish, on the penalties made and
provided in said act.

Sect. 2. Be it further enacted, That it shall be the duty of the
persons chosen by the towns on said river, to enforce said act ; to
remove or cause to be removed all hinderances and obstructions in
said river ; and to prevent all unlawful catching of said fish as afore-
said, in their towns respectively, on the penalties made and provided
in and by said act. — [March 8, 1792.

[Sp. Laws, vol. 1, p. 422.]

An Act regulating the taking of the Fish called Alewives, in the several Streams empty-
ing into the Merrimack River, in the Town of Andover.

Sp. Laws, vol, 1, p. 365. Sect. 1. Be it enacted, That it shall
and may be lawful for the inhabitants of said town of Andover, from
time to time, at their annual meeting in the month of March or April,
to determine and order, by whom, and in what place or places, 'the
said fish may be taken in the several streams emptying into Merri-
mack River within the town aforesaid ; and shall cause a cop}^ of
such order, attested by the town clerk of said town, to be posted
up in some public place in said town, and in the town of Methuen ;
and any person who shall violate such order, upon conviction thereof,
shall forfeit and pay a sum not exceeding twenty shillings, nor less
than ten shillings : provided, the quantity so taken is less than one
barrel ; but for every barrel so taken, they shall forfeit and pay tlie
sum of forty shillings, to be recovered before an}^ justice of the
peace in the county of Essex before whom the complaint shall be
made, one moiety to the informer, the other moiety to the po(jr of
said town.

52 LAWS RELATING TO

Sect. 2. Be it further enacted, That the times and manner pre-
scribed for taking fish in an act passed 4th March, 1790, entitled " An
Act to regulate the catching of salmon, shad and alewives, and to
prevent obstructions in Merrimack River, and in the other rivers and
streams running into the same within this Commonwealth, and for
repealing several acts heretofore made for that purpose," shall be
observed as the times and manner for taking said fish in the said
streams in the town of Andover ; and if any person shall take any
of said fish at any other time or in any other manner than is pre-
scribed in the act last recited, he shall for each offence be subject to
such penalty as is provided in the said act for the same offence, to
be recovered and appropriated in the same manner as is therein
directed.

Sect. 3. Be it further enacted, That any of the inhabitants of said
town of Andover, not concerned in violating this act, may be admit-
ted as witnesses in any action that may be brought for the penalty
aforesaid, they being inhabitants of said town notwithstanding.

Sect. 4. Be it further enacted, That the inhabitants of said towns
at their annual meeting in the month of March or April, shall be and
hereby are empowered to choose a committee or committees, being
freeholders in said town ; and each person so chosen shall be sworn
faithfully to discharge the duties required of them by said town,
agreeable to this act ; and the committee or committees, or the major
part of them, are hereby authorized and empowered to open such
sluice or passage-way, through or round any dams erected, or that
shall be erected across said streams, as they shall judge necessary for
the free passage of said fish, and to remove lumber and every other
obstruction to the free passage of said fish ; to erect racks or wooden
frames, as they shall judge necessary, in the stream or streams
through which the said fish pass, they being restricted, in such open-
ing and clearing, to do the same as little to the damage of the owner
or owners as may be ; such passage so opened by the committee
aforesaid, shall continue open, if they shall judge it necessary, from
the tenth day of April to the last day of May, annually. And if any
person or persons shall unlawfully obstruct the passage or passages
for said fish, remove or injure any rack or racks that shall be erected
by said committee on said streams, such person or persons so offend-
ing, upon conviction thereof shall forfeit and pay a sum not exceeding
thirty pounds nor less than ten pounds, to be recovered in any court
proper to ivj the same, one moiety to the informer and the other
moiety to the poor of said town.

Sect. 5. Be it further enacted, That the said committee or com-
mittees be and hereby are authorized and directed to distribute the
fish that may be taken by them, or any person under them, as equally

INLAND FISHERIES. 53

as circumstances will admit, to such persons as apply for the same ;
and for the fish so supplied, the committee or committees shall
demand a sum not exceeding one-fifth of a dollar for each hundred of
fish so delivered, excepting of certain poor persons of said town of
Andover, who, in the opinion of the selectmen of said town, are
unable to pa}' for the same, and such persons shall be supplied gratis
with such quantities as the committee or committees shall judge expe-
dient. And the said committee or committees so appointed, shall,
on the first town-meeting after the month of May annually, exhibit
an account of all the fish by them disposed of, and the balance, if any
remains, after paying them a reasonable compensation for their
services, shall be paid into the treasury of said town, for the benefit
thereof.

Sect. 6. Be it further enacted^ That it shall and may be lawful for
any of said committee or their assistants, while in the execution of
their office, to go upon the land adjoining to said streams without
being considered as trespassers ; and any person or persons that shall
attempt to molest or hinder said committee, or either of them, in the
execution of their office, shall forfeit and pay a sum not exceeding
four pounds, nor less than three pounds, to be recovered in any court
proper to tr}' the same, to be disposed of as is provided for in other
breaches of this act.

Sect. 7. Be it further enacted^ That if any person is found
attempting to take an}'' of said fish at any time or place otherwise
than is provided in this act, or if any of said fish shall be found in the
possession of any person, such person or persons shall be deemed to
have taken them unlawfully, and shall be subject to the penalty of this
act, unless he or they shall make it appear upon trial that they came
lawfully by said fish. — [March 9, 1792.

[Sp. Laws, vol. 2, p. 155.]

Aw Act securing the free passage of Fish called Alewives, in the Rivers in the Town of
Dartmouth, in the County of Bristol, and for the preservation of the same.

Sp. Laws, vol. 1, p. 376. Sect. 1. Be it enacted, That the owner
or owners of each and every mill-dam on the River Pasequamanset
(so called), and other rivers situate in the town aforesaid, shall make,
provide and continue a sluice-way of three feet wide and eight inches
deep, for the said fish to pass their respective dams, as far as the
selectmen of the said town shall judge convenient and proper for the
said fish to pass in ; and the selectmen of the said town of Dartmouth
are hereby authorized and empowered, on the second Monda}' of April
annually, to open the said sluice-ways, which, when opened by them
shall remain open until the tenth day of May annually ; and the owner
or owners, proprietor or proprietors of any dam or dams on the said

54 LAWS EELATING TO

respective rivers, wlio shall neglect or refuse to make, provide and
continue a sluice-way as aforesaid, or tliat, after such sluice-way la
opened as aforesaid, shall shut or obstruct or cause the same to be
shut or obstructed during the term the said sluice-way is to be kept
open as aforesaid, shall forfeit and pay the sum of forty pounds for
each offence.

Sect. 2. Be it further enacted^ That the said town of Dartmouth,
at their annual meeting for the choice of town officers in the month of
March or April annually, are hereby authorized and empowered to
choose a committee consisting of not more than twelve nor less than
two suitable persons for inspectors of the said river, whose duty it
shall be, within four days after their appointment, to put up in four
public places nearest the said river, a notification or notifications
under their hands or under the hands of the major part of them,
pointing out the time when and designating the places where the said
fish may be taken in the said river ; and if an}' person or persons
shall pull down, mar or deface such notification or notifications, lie or
she shall for each ofl'ence forfeit and pay ten shillings ; and if such
committee shall refuse or negelect to put up such notification or noti-
fications, within the said term of four days, such committee shall
forfeit and pay ten shillings. And any person who shall presume to
take any of the said fish in the said rivers, except at the times and
places pointed out and designated by the said committee as aforesaid,
shall forfeit and pay three pounds for each offence.

Sect. 3. Be it farther enacted, That if any person or persons shall
make an}' wear or wears, or an}' other obstruction to hinder the pas-
sage of said fish up the said rivers, each person so offending shall
forfeit and pay the sum of five pounds ; and any person who shall
take or catch any of the said fish in the said rivers, with any other
instrument than a dip-net, shall forfeit and pay four pounds for each
offence.

Sect 4. Be it further enacted, That if any person or persons
shall set or draw any seine, drag-net or marsh-net in the said
rivers, from and after the tenth day of April to the twentieth day
of May annually, each person so offending shall forfeit and pay ten
pounds.

Sect. 5. Be it further enacted. That if any person or persons
shall set or draw any seine, drag-net or marsh-net in the said rivers
or ponds belonging to the said town of Dartmouth, for the taking any
fish (menhaden excepted) at any time whatsoever, he or they so
offending shall forfeit and pay the sum of twenty pounds.

Sect. 6. Be it further enacted, That all the forfeitures incurred
by this act shall accrue to the said town of Dartmouth, to be recov-
ered by the treasurer of the said town, in an action of debt, in any

INLAND FISHERIES. 55

court proper to try the same ; and no person shall be considered as
disqualified from giving evidence in an}"^ such action on account of his
living: in or being an inhabitant of the said town of Dartmouth. —
[June 27, 1792.

1793.

An Act to enable the town of Newbury to Regulate and Order the taking of fish called
Shad, Bass and Alewives, in the River Parker, within the limits of said Town.

Sp. Laws, vol. 1, p. 408. Sect. 1. Be it enacted, That from and

after the publication of this act it shall and ma^' be lawful for the

inhabitants of said town of Newbury, at their annual meeting in

March or April, during the continuance of this act, to determine and

order in what manner and at what time the said fish called shad, bass

and alewives, in the River Parker, may be taken within the limits of

said town. And the said inhabitants shall cause a copy of such order,

attested by the town clerk, to be posted up in some public place in

said town, whereunto all persons shall conform with respect to the

taking said fish called shad, bass and alewives, in the River Parker,

within said town of Newbury, on penalty that each and every offender

against the same shall forfeit and pay the sum of twent}' shillings, to

be sued for and recovered before an}' court proper to try the same ;

one moiety to the informer and the other moiety to the poor of said

town of Newbury. — [March 2, 1793.

[Sp. Laws, vol. 1, p. 354.]
An Act to prevent the Destruction of the Fish called Alewives, in Taunton Great River,
so called, in the County of Bristol, and also to regulate the Catching of the said Fish
therein for the future.

Sp. Laws, A'ol. 1, p. 422. Whereas the law made for regulating the
ale wive fishery in Taunton Great River, so called, in the count}' of
Bristol, is found to operate unequally upon and to the disadvantage of
several towns situated on said river, and has not answered the salu-
tary' purpose of preserving and increasing the said fish as intended :

Sect. 1. Be it enacted, That from and after the twentieth day of
March, instant, it shall not be lawful for any person or persons what-
ever, at any time after the twentieth da}' of March, instant, as afore-
said (except as is hereinafter provided) , to catch alewives or any
other fish with seines or drag-nets in said river : provided, that it
shall and may be lawful for the inhabitants of the several towns sit-
uated on the said river to catch alewives and other fish, within the
bounds of their own town, and nowhere else, with seines or drag-nets,
part of four days in each week only, viz. : on Monday, Tuesday,
Wednesday and Thursday, from sunrising till sunsetting on each of
said days in each week : and provided, each town situated on said
river as aforesaid, draw or sweep with two seines or drag-nets only ;

56 LAWS RELATING TO

except the town of Taunton, which town is hereby allowed and per-
mitted to draw or sweep with three seines or drag-nets, in said river,
on the daj^s and within the time mentioned as aforesaid ; and neither
of the towns aforesaid, nor the inhabitants thereof, are permitted at
any time whatever to set their seines or drag-nets across said river,
or any part thereof, or make use of any seine or drag-net which is or
shall at the time be more than twenty rods in length : provided^ also,
that each of said towns shall, at a legal town meeting, ascertain and
establish annualh', b^' vote, the places where the said seines or drag-
nets may be drawn within the bounds of their respective towns, as
aforesaid, exclusive!}' ; and at the same meeting, or at an adjourn-
ment thereof, dispose ,of and grant for that year, and so on from year
to year, the sole privilege of catching alewives or other fish, with
seines or drag-nets, on the parts of the days of the week above men-
tioned and specified, at the places ascertained and established as
aforesaid, to such person or persons as shall offer or give most for
the same, and give sufficient security for the pa^nnent of the same so
offered and agreed on, at such time and in such manner as the inhab-
itants of the respective towns shall assign and order ; said person or
persons so agreeing and giving securit}' as aforesaid to have right to
fish, and no other person whatever.

Sect, 2. Be it further enacted, That if any person or persons
shall presume to draw an}' seine or drag-net, on any day or time
except the parts of days before mentioned, or at any place other than
the one ascertained and established by the town, as aforesaid, or
shall on any day or at any place set a seine or drag-net in or across
said river, or any part thereof, he shall forfeit and pay fifteen pounds
for each and every such offence, with costs of suit ; one half thereof
to the use of the poor of the town where the offence shall be com-
mitted, and the other half thereof to him or them who shall sue for
the same, to be recovered by action of debt in any court proper to
try the same.

Sect. 3. Be it further enacted, That if any person or persons
shall be found sweeping with any seine or drag-net, or if any seine or
drag-net shall be made use of by any person or persons whatever,
contrary to the true intent and meaning of this act, or any part
thereof, it shall and may be lawful for any person or persons to seize
and take such seine or drag-net to his or their own use and benefit ;
and if prosecuted therefor, to plead the genei'al issue and give this
act in evidence, as though the same was especially pleaded.

Sect. 4. Be it further enacted, That the several towns on Taunton
Great River aforesaid shall, at their annual meeting in the month of
March or April in each year, choose three or more persons, being
freeholders in their respective towns, to see that this act be duly

INLAND FISHERIES. 57

observed ; and each person so chosen shall be sworn to discharge
faithfully the duties herein requii'ed ; and if any person so chosen
shall refuse to serve, he shall forfeit and pay, to and for the use of
the poor of the town to which he belongs, the sum of twenty shillings,
to be sued for and recovered by the town clerk, and the said town
shall immediately proceed to a new choice.

Sect. 5. Be it further enacted. That an act made and passed the
twent3'-second da}' of February, in the 3'ear of our Lord one thousand
seven hundred and ninet}', entitled, " An Act to prevent the destruc-
tion of the fish called Alewives, in Taunton Great River, so called,
in the county of Bristol, and to regulate the catching said fish therein
for the future," be and it is hereby' repealed (excepting the repealing
clause thereof) : provided, that all acts and things done and per-
formed alread}', by virtue of said act, are hereby and shall be con-
sidered good and valid as though this present law had never been
made ; and all sales of privilege and ascertaining of places for catch-
ing alewives and other fish for the present year, shall be considered
good and valid as though done under and by virtue of this present
act.

Sect. 6. Be it further enacted. That the purchasers of the privi-
leges aforesaid shall sell said fish to any person or persons who shall
apply therefor, when they have an}- on hand, at the rate of two shil-
lings per hundred, for the first three weeks after fish begin to run;
and at the rate of one shilling and sixpence per hundred afterwards,
and no more, upon the penalty of forfeiting twenty shillings for every
hundred of said fish they shall sell over and above said prices ; to be
recovered b}' action of debt in any court proper to try the same :
provided, this act shall not operate so as to establish any price at
which said fish shall be sold b}' the purchasers of the privileges in
said towns the present year. — [March 19, 1793.

[Sp. Laws, vol. 2, p. 381; 1815, 119; 1819, 133; 1822, 38; 1829,55; 1832,44; 1832, Res.
120; 1843, 120; 1844, 62; 1855, 401; 1855, Res. 22; 1863, 73; 1866, 54; 1871, 258;
1875, 71 ; 1876, 208 ; 1879, 83.]

An Act perniittincc the Inhabitants of that part of the Town of Wareham which was
formerly part of Rochester, to take Alewives with Seines or Drag-nets, at a place called
the Narrows, in Wareham River, on a certain Day in each Week.

Sp. Laws, vol. 1, p. 441. Sect. 1. Be it enacted, That an^' in-
habitant of that part of the town of Wareham which was formerh'
part of Rochester, be and they are hereby allowed and permitted to
take for their own use, with one seine or drag-net onl}', the fish called
alewives, at a place called the Narrows, in Wareham River, on the
west side thereof, and to the northward of Nathan Bassett's now
dwelling-house, one-half day in each week, from sunrising until

58 LAWS RELATING TO

twelve of the clock on ever}- Monday, and at no other time ; any law
or usage to the contrarv notwithstanding.

Sect. 2. Be it further enacted, That no person or persons, inhabi-
tants as aforesaid, shall sell or dispose pf any of said fish, caught as
aforesaid, to any person or persons not inhabitants as aforesaid.

Sect. 3. Be it further enacted^ That if upon complaint made be~
fore an}^ justice of the peace for the county of Plymouth, any person
or persons shall be couA'ieted of a breach of this act, he shall forfeit
and pay, for ever}- such offence, a fine of four pounds ; one half
thereof to the complainant, and the other half thereof to the poor of
the town of Wareham. — [March 26, 1793.

[Sp. Laws, vol. 1, p. 272.]
An Act in addition to an Act passed tbe fourth day of March, one thousand seven hun-
dred and ninetj', entitled " An Act to regulate the catching of Salmon, Shad and
Aiewives, and to prevent obstructions in Merrimack River, and in the other Streams
running into the same, within this Commonwealth."

Sp. Laws, vol. 1, p. 442. Whereas it is found by experience that
the catching of fish at or near the mouth of the rivers and streams
emptying in Merrimack River, within the town of Andover, greatl^^
obstruct and impede fish entering and passing up said rivers and
streams : therefore,

Sect. 1. Be it enacted, That no person or persons shall, after
passing this act, be allowed to catch salmon, shad or aiewives, or
drag an}' seine, or set an}- net, pot or other machine, for the purpose
of taking or catching said fish, or any other ways obstruct said fish
in their passage, within fifty rods below or twenty rods above the
mouth of any river or stream in the town of Andover emptying into
Merrimack River aforesaid ; nor draw anv seine, for catching of ale-
wives, between the mouths of Shawshine River and Cocheco Brook,
on penalty of four pounds ; and the seine, net, pot or other machine
. so used to be forfeited ; and the fine aforesaid to be recovered and
applied in the same manner as the fines are for the breach of the act
to which this is in addition. — [March 27, 1793.

[Sp. Laws, vol. 1, p. 191.]
An Act in addition to and for repealing a certain Clause in an Act passed March the
twenty-eighth, in the year of our Lord one thousand seven hundred and eighty-eight,
entitled " An Act to prevent the Destruction of Aiewives, and other Fish, in Ipswich
River, and to Encourage the Increase of the same."

Sp. Laws, vol. 1, p. 451. Whereas it appears b}- the petition of
Thomas Burnham, and a certificate of the selectmen of the towns of
Ipswich, Topsfield and Middleton accompanying the same, that a
repeal of a certain clause in the aforementioned act, so far as it
respects the using and improving the said Burnham's saw-mill, from
the last day of April to the first da}' of June, annually, provided the

INLAND FISHERIES. 59

same be subjected to the regulation hereinafter mentioned, will not be
injurious to the public :

Sect. 1. Be it enacted, That the future using and improving the
said Burnham's lower saw-mill, standing on Ipswich River, within the
town of Ipswich, from the last day of April to the first day of June
annually, shall be under the directions, regulations and restrictions of
the major part of the selectmen of the towns of Ipswich, Topsfield
and Middleton, for the time being ; such directions, regulations and
restrictions being made in writing, under the hands of the major part
of the selectmen aforesaid, delivered to the said Burnham, from time
to time, as shall be found necessar}'.

Sect. 2. Be it further enacted, That for every omission or viola-
tion of such directions, regulations or restrictions as aforesaid, the
said Burnham shall be subjected to such penalties and forfeitures as
is incurred by the aforementioned act, for using and improving said
saw-mill, within the term aforesaid, to be sued for, recovered and
applied in manner as is prescribed in the said act.

Sect. 3. Be it further enacted, That the sixth clause of the afore-
mentioned act, so far as it respects the using and improving the said
Burnham's lower saw-mill, within the term therein mentioned, shall
be and hereb}' is repealed. — [March 28, 1793.

An Act for regulating the Opening of Sluice- Ways in the several Mill-Dams on River
Meadow Brook, in the Town of Chelmsford and District of Carlisle.

Sp. Laws, vol. 1, p. 452. Sect. 1. Be it enacted. That the owners
of mills on River Meadow Brook, so called, in the town of Chelmsford
and district of Carlisle, be and the}' are hereby permitted to keep the
sluice-ways in their respective mill-dams shut such part of the time
heretofore provided by law for keeping them open for the passage of
fish up the said brook, as shall, by the selectmen of the town of
Chelmsford and the selectmen of the district of Carlisle, for the time
being, be judged will not prevent the passage of the fish up the said
stream, and most conducive to the public good : provided, the said
selectmen of Chelmsford and Carlisle make their determination in
writing, under their hands, and such determination be kept constantly
posted up in some conspicuous place at each of the mills on the said
brook ; any law to the contrary notwithstanding. — [March 28, 179S.

60 LAWS RELATING TO

1794.

[Sp. Laws, vol. 1, p. 272.]

An Act in addition to an Act, entitled " An Act to regulate the Catching of Salmon,
Shad and Alewives, and to prevent Obstructions in Merrimaclv River, and in the other
Rivers and Streams running into the same, within this Commonwealth, and for re-
pealing several Acts heretofore made for that purpose."

Sp. Laws, vol. 1, p. 511. Sect. 1. Be it enacted, That all pecun-
iary fines or forfeitures for the breach of an act passed in the year of
our Lord one thousand seven hundred and ninety, entitled " An Act
to regulate the catching salmon, shad and alewives, and to prevent
obstructions in Merrimack River, and in the other rivers and streams
running into the same within this Commonwealth ; and for repealing
several acts heretofore made for that purpose," which b}' the said act
are set at more than four pounds, may be recovered by indictment,
either in the supreme judicial court or court of general sessions of the
peace in the count}' where the offence shall be committed.

Sect. 2. Be it further enacted, That where any person or persons
shall be convicted in either of the said courts, of erecting or continu-
ing any obstructions or incumbrance in or across anj- of the rivers or
streams mentioned in the said act, so as to prevent the free passage
of the said fish up and down the said rivers and streams, the court
before whom such conviction shall be, besides rendering judgment for
such fine and cost, shall order such obstruction or incumbrance to be
removed, and the materials thereof to be sold at vendue, to pay the
expense of such removal, with the officer's fees, and if the same shall
not be sufficient, may order the deficiency to be raised and levied on
the goods and chattels of the person or persons convicted of erecting
or continuing the same ; and the warrant for removal shall be directed
to the sheriff, deputy- sheriff or coroner of the same count}', as the
case may require.

Sect. 3. Be it fnrther enacted, That the fines and forfeitures which
shall be recovered by indictment, pursuant to this act, shall be wholly
to the use of the count}' in which the recover}' shall be, towards dis-
charging the expenses of such county ; anything in the said act
whereto this addition is made to the contrary notwithstanding. —
[Feb. 2G, 1794.

An Act for continuing an Act made in the year of our Lord one thousand seven hun-
dred and eightj'-nine, entitled "An Act to prevent the Destruction of the Fish called
Shad and Alewives, in Mistic River, so called, within the Towns of Cambridge,
Charlestown and Medford, and for repealing all laws heretofore made for that pur-
pose," and also for extending the said Act to the Towns of Woburn and Maiden.

Sp. Laws, vol. 1, p. 512. Sect. 1. Be it enacted, That the said
act, in every article and clause, matter and thing, shall continue and

INLAND FISHERIES. 61

be in force after the first da}' of March next ; anything in the said act
to the contrar}' notwithstanding.

Sect. 2. Be it further enacted^ That the said act shall extend to
the towns of Wobnrn and Maiden, in the same manner as it would
have extended in case the said towns had been expressl}' named in
the said act.— [Feb. 27, 1794.

[Sp. Laws, vol. 2, p. 431 ; vol. 3, p. 399; 1815, 43.]

[Sp. Laws, vol. l,p. 296.]

An Act to prevent the Taking of Fish near the Dam at the Canal at South Hadley

Falls, in Connecticut River.

Sp. Laws, vol. 2, p. 518. Sect. 1. Be it enacted, That no person
or persons, at any time hereafter, shall take any salmon or shad within
one hundred rods of an}' part of the dam in Connecticut River, near
the canal at South Hadley, with an}' net, seine, pot, scoop-net or any
other instrument or machine whatever ; and if any person or persons
shall take or catch any salmon or shad, contrary to the true intent and
meaning of this act, each person so offending shall, for every such
offence, forfeit and pay a fine of four pounds.

Sect. 2. Be it further enacted. That all nets, seines or other
instruments or machines used in taking salmon or shad as aforesaid,
shall be and hereby are forfeited to any person or persons who shall
prosecute for the same, with costs of suit, to his or their own use,
upon complaint or information to any justice of the peace in and for
the said county of Hampshire, who may thereupon issue, his warrant
to seize the same, to be kept until trial of the said complaint or
information, which the said justices are hereby fully authorized to
hear and determine.

Sect. 3. Be it further enacted, That all sums of money forfeited
by any breach of this act, shall and may be sued for and recovered
by action or information, with costs of suit, before any justice of the
peace within the county of Hampshire ; and one half of such fine shall
enure to him or them who shall sue or prosecute for the same ; the
other half thereof for the use of the county of Hampshire ; and any
person or persons aggrieved at the sentence of any justice of the
peace, given in pursuance of this act, may appeal therefrom to the
next court of general sessions of the peace to be holden in said
county.

Sect. 4. Provided, alioays, That nothing in this act shall be con-
strued to justify the erecting or continuance of the said dam ; but the
propriety of erecting and continuing the same, whenever this may be
called in question, shall be determined on the same principles as
though this act had never been made. — [Feb. 27, 1794.

[1817, 157.]

62 LAWS RELATING TO

1795.

[Sp. Laws, vol. 1, p. 272.]

An Acr to piobibit, during the months of December, January and February, the taking
of Salmon in Merrimack River, and in the waters running into the same.

Sp. Laws, vol. 2, p. 35. Sect. 1. Be it enacted. That from and
after the passing of this act, no person shall be allowed to catch any
salmon in Merrimack River, or in the waters running into the same,
during the months of December, January and Febrnar}', and any per-
son who shall offend herein, or who shall be found during those months
with any salmon which shall have been caught conlrar}^ to the intent of
this act, shall forfeit and pay a sum not exceeding twenty dollars nor
less than three dollars, to be recovered by action of debt to the use of
any person who will sue for the same, or by indictment, to the use of
the county in which the offence shall be committed. — [June 20, 1795.

1796.

An Act to enable the Town of Natick to regulate and order the taking of the Fish called
Shad and Alewives, within the limits of said Town.

Sp. Laws, vol. 2, p. 53. Sect. 1. Be it enacted. That from and
after the publication of this act, it shall and may be lawful for the
inhabitants of said town of Natick, at their annual meeting in March
or April, during the continuance of this act, to determine and order
in what manner and by whom the said fish called shad and alewives
mav be taken within the limits of said town ; and the said inhabitants
shall cause" a copy of such order, attested by the town clerk, to be
posted up in some public place in said town, whereunto all persons
shall conform with respect to the taking said fish called shad and ale-
wives within said town of Natick, on penalty that each and every
, offender against the same shall forfeit and pay the sum of three
dollars and thirt3'-three cents, to be sued for and recovered before
any court proper to tiy the same ; one moiety to the informer, and the
other moiety to the poor of said town of Natick. — [February 5, 1796.

1797.

An Act for regulating the Alewive Fishery in the town of Bridgewater, in the County of
Plymouth, and for repealing all Laws heretofore made for that purpose.

Sp. Laws, vol. 2, p. 105. Sect. 1. Be it enacted. That all laws

heretofore made for regulating the alewive fishery in said Bridgewater,

be and they hereby are repealed ; and it shall and may be lawful for

the said town of Bridgewater, at any legal meeting of the inhabitants

of the said town, to choose a committee to sell or otherwise dispose

of the privilege of taking said fish, as the town shall direct, at the

several wears in said town, or either of them, for the most it will

INLAND FISHERIES. 63

fetch, on the days following, viz. : at the wear by the town mills, so
called, on Monday and Tuesday of each week ; at the Great River
mills, so called, on Wednesdays and Thursdays in each week ; and at
the wear by Whitman's mills, so called, on Mondays, Tuesdays and
Wednesdays in each week ; and the emoluments arising from said
privilege shall be appropriated by said town to such purposes and
uses as the inhabitants thereof shall, in legal town meeting, from time
time determine.

Sect. 2. Be it further enacted, That if the purchaser or purchasers,
manager or managers, or those employed by them, shall presume to
take any of the said fish at any other time or place in said town than
is in this act provided, and if any other person or persons whatever,
except the purchaser or purchasers, manager or managers of said
privilege, or those employed by them, shall presume to take or catch
an\' of said fish, in an}' of the rivers or streams within the boundaries
of said town, he or they so offending shall for each offence forfeit and
pay a sum not exceeding thirteen dollars nor less than one dollar, at
the discretion of the justice before whom the same shall be tried.

Sect. 3. Be it further enacted, That if the said purchaser or pur-
chasers, manager or managers of said privilege, shall, when in his
or their power, neglect or refuse to supply any person or persons with
said fish, who mav apply therefor, at the rate of twenty-five cents for
a hundred of said fish, he or they so otiending shall, for each offence,
forfeit and pay the sum of five dollars ; and if any person or persons
shall ask, demand and receive more than twent^'-flve cents for a hun-
dred of said fish, and so in that proportion for a greater or less num-
ber, he or they so offending shall, for each offence, forfeit and pay the
sum of five dollars.

Sect. 4. Be it further enacted, That the said town of Bridgewater
shall, at their annual meeting in March or April, choose a committee
not exceding nine nor less than three freeholders of said town, who
shall' be sworn to the faithful discharge of the duties enjoined upon
them by this act ; and it shall be the duty of said committee to cause
the natural course of the rivers, passage-ways or streams through
which the said fish pass, to be kept open and without obstruction dur-
ing the whole time the said fish pass up in said rivers, passage-ways
and streams in each year, and to remove an}' such as shall be found
therein, and to make the said passage-ways wider or deeper, if they
or the major part of them shall judge it necessary ; and the said com-
mittee, or any two of them, paying a reasonable compensation therefor,
if demanded, shall have authority (in discharging the duties enjoined
upon them by this act) to go on the lands or meadows of any person
through which such rivers, passage-ways or streams run, or into any

64 LAWS EELATING TO

mill, forge or other water-works on said rivers or streams, without
being considered as trespassers ; and anj' person who shall molest or
hinder the said committee, or either of them, in the execution of the
business of his or their office, or shall obstruct any passage-way in the
said rivers and streams, otherwa^'s than may be allowed b}' the said
committee, or a major part of them, he or the}' so offending shall for-
feit and pa}', for ever}' such offence, a sum not exceeding ten dollars
nor less than one dollar, at the discretion of the justice before whom
the same shall be tried : provided, nevertheless, that nothing in this
act shall be considered as authorizing said committee to injure the
proprietor of any mill or water-works, further than is necessary in
order to give the fish a good and sufficient passage up said rivers.

Sect. 5. Be it further enacted. That it shall be the duty of the
said committee to prosecute all breaches of this act, and for any two
of them to seize and detain in their custody any net which may be
found in the hands of any person using the same contrary to the true
intent and meaning of this act, until the person so oflfendiug makes
satisfaction for his offence, or is legally acquitted thei'efrom. And
that each and every person who shall be chosen on the committee,
pursuant to this act, shall, within six days after his being notified by
a constable of such choice, take the following oath before some justice
of the peace for the county of Plymouth, or the clerk of said town
of Bridgewater, who is hereby authorized to administer the same,
viz. : —

You, A. B., being chosen one of the committee to inspect the ale-
wive fishery in the town of Bridgewater, for the year ensuing, do sol-
emnly swear that you will faithfully discharge the duties of said office,
and duly prosecute all breaches of the law respectiug said fishery that
shall come to your knowledge. So help you GOD.

And that if any person chosen one of the said committee, and noti-
fied as aforesaid, shall neglect to take the foregoing oath for the space
of six days after his being so notified, he shall forfeit and pay the sum
of five dollars, to be recovered by action of debt in any court proper
to try the same ; one moiety thereof to be applied to the use of the
said town of Bridgewater, the other moiety to the person or persons
who shall sue for the same.

Sect. 6. Be it further enacted. That all the penalties incurred by
any breach of this act, shall be recovered by complaint, before any
justice of the peace within and for the county of Plymouth aforesaid,
allowing an appeal to the court of general sessions of the peace for
said county ; and all sums of money recovered to the town as forfeited
by this act, shall be for the support of the poor of the town of Bridge-
water aforesaid. And no person, by reason of his being one of the
said committee or an inhabitant of the said town, shall thereby be

IXLAND FISHERIES. 65

disqualified from being a witness in any prosecutions for a breach of
this act. — [Feb. 10, 1797.

[Sp. Laws, vol. 2, pp. 433, 495.]

An Act to prevent the Destruction of the Fish called Bass, in the River Parker, in
Newbury; and in Rowley lliver ; and in the streams and Waters running into the
same, in the County of Essex.

Sp. Laws, vol. 2, p. 117. Sect. 1. Be it enacted, That on and
after the first da}' of December next, if any person or persons shall
catch, in any manner whatever, any of the fish called bass, in any
part of the River Parker, in Newbury, or in Rowley River, or in any
of the streams or waters running into the same, or shall oflfer them for
sale, between the first daj' of December and the first day of March
annually, he or they so offending shall forfeit and pay one dollar few,*
each of the bass so caught or offered for sale as aforesaid.

Sect. 2. Be it ftirther enacted, That all fines and penalties which
may be incurred b^' a breach of this act, shall be recovered before any
justice of the peace of the county of Essex, with cost of suit, for the
use and benefit of the prosecutor. And it shall be the dut^- of the
fish-wardens of said towns of Newbury and Rowley to see that tbis
act is carried into eflTect ; and an}' other person may complain and
prosecute for breaches of this act.

Sect. 3. Be it further enacted, That the inhabitants of the town
of Rowle}' aforesaid, shall, at their annual meetings, legally assem-
bled, choose one or more fish-wardens, whose duty it shall he to see
that this act is carried into eflTect, as aforesaid, and who shall be sworn
to the faithful discharge of that trust, in the same manner as other
town ofHcers are sworn. — [Feb. 22, 1797.

[Sp. Laws, vol. 1, p. 422.]
An Act to regulate the Price of Fish called alewives, in the Town of Taunton.

Sp. Laws, vol. 2, p. 117. Sect. 1. Be it enacted. That from and'
after the passing of this act, the selectmen of the town of Taunton^
for the time being, together with any two justices of the peace in and
for the county of Bristol, quorum unus, be and they are hereby
authorized and empowered, from time to time, as they shall judge
proper, to regulate the price of the fish called alewives, taken in
Taunton Great River, so called, which price, when so regulated,
shall be recorded on the book of records of said town by the clerk
thereof.

Sect. 2. Be it further enacted, That if any person, after the pass-
ing of this act, shall presume to sell such fish at a greater price than
may be established, for the time being, as aforesaid, he shall forfeit
and pay, to the use of said town, for each hundred of such fish so sold,
a fine of five dollars ; and so in proportion, for a greater or less num-

66 LAWS RELATING TO

ber, to be sued for and recovered before any justice of the peace in
and for said county, or any other court proper to try the same, by the
town treasurer of said town. And no person shall be disqualified
from being a witness in any such suit, by reason of his or her being
an inhabitant of said town.

Sect. 3. Be it further enacted, That so much of an act passed on
the nineteenth day of March, in the year of our Lord one thousand
seven hundred and ninety-three, as regulates the price of said fish
taken in said river, be and the same is hereby repealed. — [Feb. 23,
1797.

[Sp. Laws, vol. 1, p. 191.]
An Act in addition to and for repealing a certain clause in an Act passed March the
twenty-eighth, in the year of our Lord one thousand seven hundred and eighty-eight,
entitled " An Act to prevent the Destruction of Alewives and other Fish in Ipswich
River, and to encourage the increase of the same."

Sp. Laws, vol. 2, p. 128. Sect. 1. Be it enacted, That the future
using and improving of Andrews' saw-mill, standing on Ipswich River,
at Farley's mill-dam, so called, within the town of Ipswich, from the
last day of April to the first day of June annually, shall be under the
directions, regulations and restrictions of the major part of the select-
men of the towns of Ipswich, Topsfield, Middleton and Reading, for
the time being ; such directions, regulations and restrictions being
made in writing, under the hands of the major part of the selectmen
aforesaid, and delivered to the said Andrews from time to time, as
shall be found necessary.

Sect. 2. Be it further enacted, That for every omission or viola-
tion of such direction, regulations or restrictions as aforesaid, the said
Andrews shall be subject to such penalties and forfeitures as are in-
curred by the aforementioned act, for using and improving said mill
within the term aforesaid ; to be sued for, recovered and applied in
manner as is prescribed in the said act.

Sect. 3. Be it further enacted, That the sixth clause of the afore-
mentioned act, so far as it respects the using and improving the said
Andrews' saw-mill within the term therein mentioned, shall be and
hereby is repealed. — [March 7, 1797.

An Act for regulating the taking of Shad, Alewives and other Fish in Neponset River,
and the several Streams from the Pond called Puncapog and Massopog.

Sp. Laws, vol. 2, p. 148. Sect. 1. Be it enacted, That there shall
be sluice-ways through Leeds' dam and McLane's dam, on Neponset
River, each eight feet in width, and in depth within eighteen inches of
the mud-sill ; the former within fifteen feet of Leeds' grist-mill floom,
and the latter where the sluice-way now is. And the owners of all

INLAND FISHERIES. 67

other dams across said River Neponset shall make sluice-wa3s of the
■width of eight feet, and in depth within eighteen inches of the mud-
sill ; and all dams on the brook from JNIassapog Pond to Neponset
River shall have a sluice-way six feet wide and as low as the natural
stream ; and all dams on the brook from Puncapog Pond to said
Neponset River shall have a sluice-way three feet wide and as low as
the natural stream.

Sect. 2. Be it further enacted. That the court of general sessions
of the peace for the count}' of Norfolk shall, at their spring sessions,
annually appoint a committee of three disinterested freeholders, and
not inhabitants of Stoughton, Sharon, Canton, Dorchester or Milton,
who shall be sworn to the faithful discharge of their duty, and who
shall determine the time when the sluice-ways shall be opened and
also when they ma}' be shut ; and may also, if they think it expedient
and not injurious to the passing of said tish, direct one-half of any
sluice-way or sluice-ways to be shut ; and may open any such sluice-
way on said rivers and streams, at the expense of the owner, pro-
vided the owner neglects to do it for the space of twenty-four hours
after being notified by said committee ; and if upon trial the present
depth of said sluice-ways shall prove insufficient, may, after hearing
the parties, order the same to be made deeper: provided^ the depth
of said sluices shall never be lower than twelve inches above the mud-
sill. And the said committee, or any two of them, may in the execu-
tion of their office, when necessary, enter on the land or lands adjoin-
ing said streams, without being considered as trespassers ; and the
reasonable expense of said committee shall be paid, one half by the
owners of the dams on the rivers and streams aforesaid, and the other
half by the towns of Sharon, Stoughton and Canton.

Sect. 3. Be it further enacted^ That if any owner or owners,
occupant or occupants of any dam, shall unreasonably refuse to open
his or their sluice-way, when required by the committee, for the space
of twenty-four hours, or shall refuse for the space of six days after
being required by said committee to make their sluice-way deeper, as
provided for by this act, he or they so otfending shall for each offence
forfeit and pa}' one hundred dollars.

Sect. 4. Be it farther enacted^ That in case any owner or owners,
occupant or occupants of any dam shall shut the same, or cause or
suffer any obstruction during the time assigned by such committee
for the passing of the fish, or if any person shall, during said term,
cause any obstructions in any part of said streams, or use any seine
or drag-net in taking said fish, or shall take any of said fish except
on Mondays, Wednesdays and Fridays in each week, and betwixt
sunrising and sunsetting on each of said days, or shall so divert the
water as to prevent the return of young fish, he or they so offending

68 LAWS RELATING TO

shall for each offence forfeit and paj' the sum of twenty dollars, and
shall forfeit all seines and nets so used.

Sect. 5. Be it further enacted, That the several towns adjoining
the aforesaid river and streams may, at their annual meeting in
March or April, choose three freeholders each, to inspect said fisher^',
who shall be sworn to the faithful discharge of their duty, and shall
complain of all breaches of this act that come to their knowledge,
and shall, when directed b}' the committte of sessions, remove obstruc-
tions in said river or streams at the expense of the person causing
the same ; and an}' person chosen one of said committee, and being
notified thereof, and who shall neglect to take his oath for the space
of seven da3-s, shall forfeit and pay the sum of five dollars.

Sect. 6. Be it further enacted, That if any person shall hinder or
molest either of said committee in the execution of their office, he or
the}' so offending shall forfeit and pay a sum not more than seven nor
less than three dollars.

Sect. 7. Be it further enacted. That each of the towns adjoining
said river and streams, ma}', at the aforesaid annual meeting, choose
a special committee to farm out or sell the privilege of taking said
fish, and establish the rates at which fish so taken shall be sold, and
the money arising from the sale of said fishery, or proceeds thereof,
shall be paid into the respective town treasuries for the use of the
respective towns, saving to Stoughton an equal share with the town
of Canton, as is provided in the act of incorporation of the said town
of Canton ; and if any person, in any town aforesaid, after the farm-
ing or selling the privilege in said town, shall take any of said fish,
not being legally authorized so to do, or if any person being author-
ized to take said fish, shall, when in his power, refuse to sell, or shall
receive for said fish more than the established rate, he or they so
offending shall forfeit and pay a sum not more than twelve nor less
than two dollars.

Sect. 8. Be it further enacted, That it may be lawful for Jonathan
Leonard and Adam Kinsley to keep down their dam the whole of the
year, they to make such a canal or passage-way round their dam in
Canton as the committee of the sessions aforesaid may approve of as
being sufficient for the passage of said fish ; and also make a wear to
prevent said fish from passing up to the slitting mill.

Sect. 9. Be it further enacted. That all forfeitures incurred by a
breach of this act shall be recoverable by action of debt, with costs
of suit, before any justice of the peace for said county of Norfolk,
excepting the penalty of one hundred dollars, which may be in like
manner recovered in the court of common pleas for said county ; one
half of each penalty shall be to the use of the prosecutor and the
other to the town where the oflTence is committed.

INLAND FISHERIES. 69

Sect. 10. Be it further enacted, That all laws heretofore made for
the preservation of or taking the said fish in the said river and streams,
be and they hereby are repealed. — [March 10, 1797.

[Sp. Laws, vol. 2, p. 271.]

[Sp. Laws, vol. 1, p. 296.]
An Act to repeal an Act passed the twentieth day of June, one thousand seven hundred
and eighty-eiifht, entitled " An Act to prevent the Destruction of Salmon and Shad
in Connecticut River "

Sp. Laws, vol. 2, p. 154. Whereas the beneficial effects contem-
plated by the act aforesaid have not been produced thereby, and the
further continuance thereof is unnecessary : therefore,

Sect. 1. Be it enacted. That the act aforesaid, and every part
thereof, from and after the passing of this act shall be and the same
is hereb}^ repealed. — [March 11, 1797.

[Sp. Laws, vol. 1, p. 272.]
An Act in addition to an Act passed March ninth, seventeen hundred and ninety-two,
entitled "An Act regulating the taking of the Fish called Alewives in the several
Streams emptying into Merrimack River, in the Town of Andover."

Sp. Laws, vol. 2, p. 155. Sect. 1. Be it enacted, That such part
of the fifth enacting clause in the afore-recited act as limits and deter-
mines the price of the aforesaid fish to one-fifth of a dollar for each
hundred taken and distributed, be and hereby is repealed.

Sect. 2. Be it farther enacted, That the inhabitants of said
Andover, at their annual meeting in the month of March or April, be
and are hereby authorized and empowered to determine and state the
price of the aforesaid fish per hundred ; and the committee or com-
mittees, as in said act are directed, to supply the persons applying
for said fish at such rates as the town ma}' determine and direct, under
the penalties provided in the act to which this is in addition : provided,
such stated price be posted up in manner as directed in the afore-
recited act respecting the places of taking said fish. — [March 11,
1797.

An Act to prevent the Destruction of the Eel Fishery in the Town of Orleans, in the
County of Barnstable, and to preserve and regulate the same in the several Coves
and Salt Ponds within the said Town.

Sp, Laws, vol. 2, p. 162. Sect. 1. Be it enacted. That from and

after the first day of September next, it shall not be lawful for an}"-

person to take from any of the coves and salt ponds in the town of

Orleans, more than three dozen of eels on any one day, without a

permit in writing from the major part of the selectmen of said town,

expressing the quantit}^ permitted to be taken ; and every person who

shall take any of said eels from any of said coves and salt ponds

exceeding the number of three dozen in any one da}' without such

70 LAWS RELATING TO

permit, shall forfeit and pay for each and every additional dozen so
taken the sum of twenty-five cents.

Sect. 2. Be it further enacted^ That if any boat or craft shall be
found within the limits of any of the coves or salt ponds with any
more eels on board than this act allows to be taken for each person
on board on any one day, or than they are authorized to take by a
permit from the selectmen aforesaid, it sliall be the duty of such
person or persons as shall be chosen by the said town of Orleans to
see to the execution of this law, to seize on such boat or craft and
detain the same not exceeding forty-eight hours, in order that the
same be attached or arrested by due process of law, and made answer-
able for said fines and forfeitui'es, with cost of suit : provided, how-
ever, that as soon as the owner or master .of such boat or craft shall
pa}- such fines and forfeitures to the treasurer of said town, if he shall
pay the same before being sued, such boat or craft shall be discharged,
■with the effects therein.

Sect. 3. Be it further enacted. That the said town of Orleans are
hereby authorized to choose annuall}' such number of fish-wardens as
they mav judge necessary-, who shall be sworn to the faithful discharge
of their duty, whose duty it shall be to prosecute f )r all offences
against this act ; and all fines and forfeitures that shall be incurred
b}' virtue thereof shall be one half to the use of him or them who
shall sue for the same, and the other half to the use of the said town
of Orleans ; and the same shall be recovered with legal costs of suit
by an action of debt, in any court proper to try the same. — [June
17, 1797.

An Act to prevent the Catching Fish with Seines in Fresh Pond (so called) in the

Towns of Cambridge and Watertown.

Sp. Laws, vol. 2, p. 165. Sect. 1. That from and after the

passing of this act it shall not be lawful to catch an}' fish with seines

in Fresh Pond (so called), situate in the towns of Cambridge and

Watertown ; and any person who shall be found so catching fish, or

who shall use a seine in the same pond in any manner whatsoever,

shall for each offence forfeit a sum not exceeding fiftj' nor less than

five dollars, to be recovered by an action of the case to the use of the

person who shall sue for the same. — [June 17, 1797.

1798.

[Sp. Laws, vol. 1, p. 313.]

An Act to empower the Inhabitants of the Town of Middleborough, in the County of
Plymouth, to regulate the Price of the Fish called Alewives, taken in said Town, and
for Repealing all Laws heretofore made, so far as they respect the regulation of the
Price of said Fish taken in said Town.

Sp. Laws, vol. 2, p. 192. Sect. 1. Be it enacted, That from and

after the passing of this act, the inhabitants of the town of Middle-

INLAND FISHERIES. 71

borough aforesaid are hereb}' empowered annualh', at any town meet-
ing legally warned for that purpose, to establish the price of said fisli
taken in said town, provided said price be not above the rate of
twenty-five cents per hundred.

Sect. 2. Be it farther enacted, That all the laws heretofore made,
so far as the}- respect the i-egulation of the price of said fish taken in
said town, be and are hereby repealed. — [Feb. 8, 1798.

An Act to prevent the Destruction of Fish in Concord River, in the County of

Middlesex.

Sp. Laws, vol. 1, p. 213. Sect. 1. Be it enacted, That if any
person or persons, after the first day of April next, shall take or
catch any fish in Concord River, in the county of Middlesex, or in
any pond or stream which empties into the same, after sunset and
before sunrise, witli the use of either torch or spear, every person so
offending shall forfeit and pay for each offence a sum not exceeding
five dollars, nor less than two dollars, to be recovered in an action of
debt, one half to him who shall sue for the same and the other half to
the town in which the fish shall be so caught or taken.

Sect. 2. Be it further enacted, That if any person or persons shall

erect any wear across any of said waters, and thereby take any of

said fish, or obstruct them in their passage through the same, ever}'

person so ofTending shall forfeit a sum not less than three dollars nor

more than ten for each offence, to be recovered in manner and to the

use aforesaid. — [March 1, 1798.

[1835, 89.]

An Act for the Preservation of the Fish called Alewives, in Weweantit River, in the
County of Plymouth, and for Regulating the Taking said Fish, and for Repealing all
Laws heretofore made for that purpose.

Sp. Laws, vol. 2, p. 214. Sect. 1. Beit enacted, That the several
towns of Rochester, Wareham and Carver shall, at their town meeting
in the fall of the year annuall}', respectively choose a committee of
three persons in each town, whose duty it shall be, in the month of
March annually, to sell at public vendue the privilege of taking said
fish at such places, not exceeding three in said towns, and on such
days, not exceeding three in each week, as said committee shall agree
upon and pul^lish in their conditions of sale, in which conditions said
committee shall also express the price at which it may be lawful for
said purchasers to sell said fish when taken, not exceeding the rate of
twentj'-five cents for one hundred of said fish ; and said committee,
before they enter upon the execution of their office, shall be sworn
to the faithful and impartial performance of their duty in the same
manner as other town officers.

Sect. 2. Be it further enacted, That the committee of the town of
Rochester the first year, the committee of the town of Wareham the

72 LAWS RELATING TO

second 3'ear, and the committee of the town of Carver the thh-d year,
and so on in rotation forever, shall notify the town clerks of the other
towns concerned in said fishery of the time and place in which said
committee shall meet ; said notice to be served ten da3's at least before
the time of meeting, at which meeting as well as all subsequent meet-
ings, the majority present shall have the power and authority of the
whole commiltee.

Sect. 3. Be it ftorther enacted, That all persons, except the pur-
chaser or purchasers, or those employed by them, who shall take any
of said fish in Weweantit River, or in any pond or stream having
communication therewith, Si()pican River excepted, shall forfeit and
pay the sum of twent}^ dollars.

Sect. 4. Be it further enacted, That if either of the towns of
Rochester, Wareham or Carver shall neglect to choose their propor-
tion of said committee, as they are required by this act, or if the com-
mittee, when chosen, whose duty it shall be to notify the clerks of the
other towns of the proposed time for the whole committee to meet, as
aforesaid, shall neglect to give such notice, the tovvn or committee
offending as aforesaid shall, for each offence, forfeit and pay to the
use of the town or towns performing the duties required b}' this act,
the sum of one hundred dollars.

Sect. 5. Be it farther enacted, That the owner or occupier of any
dam on said river shall, annuall}', betwixt the first day of April and
twenty-fifth da}^ of May following, for such term and in such manner
as said committee shall direct, open a sufficient sluice-way for the pas-
sage of said fish ; and the owner or occupier of such dam, neglecting
to open or to continue open a sluice-way as aforesaid, shall forfeit and
pay the sum of fifty dollars. And the committee aforesaid shall have
power to open such dam when neglected as aforesaid, at the expense
of the owner or occupier.

Sect. 6. Be it further enacted, That if any person shall make any
wear or other obstruction to the free passage of said fish, or shall
make use of any seine in said river or in an}' pond or stream commu-
nicating therewith, the person offending shall forfeit and pay the sura
of fifty dollars ; and said committee shall have authority to remove
such wear or obstruction at the expense of the person causing the
same ; and also to seize any seine used as aforesaid, and to dispose of
the same to the use of the said towns.

Sect. 7. Be it further enacted, That the treasurers of the aforesaid
towns respective!}^, are hereb}' empowered, upon the complaint of any
of the committee aforesaid, to sue for the recovery of any forfeitures
incurred by the breach of any of the regulations provided in this act ;
and also of such further regulations as may, from time to time, be
provided by the committee as aforesaid. And all fines and forfeitures

INLAND FISHERIES. 73

recovered for any breaches aforesaid, except such as are mentioned
in the fourth section of this act, shall, together with the proceeds of
said fishery, be equally divided between the aforesaid towns ; and
the treasurers aforesaid respectively ma}-, in behalf of their respective
towns, recover in an action on the case, of any person or persons,
corporation or corporations holding the same, one-third part thereof
in an\' court proper to try the same.

Sect. 8. Be it further enacted, That the purchasers of the right
of taking said fish, shall in all respects conform themselves to such
regulations as the committee aforesaid shall publish in their conditions
of sale, and for each offence in breaking said regulations, shall forfeit
and pa}' the sum of twenty dollars.

Sect. 9, Be it further enacted, That any of the committee afore-
said may be admitted as witnesses in any prosecution for the breach
of an}- regulations respecting said fishery ; and said committee shall
receive for their services, out of the proceeds of said fishery, seventy
cents to each person for each day's service.

Sect, 10. Be it farther enacted, That all laws heretofore made
respecting said river, be and the same are hereby repealed, excepting
so far as may affect any penalties already incurred for the breach of
said laws. — [March 1, 1798.

[1819, 118; 1836,218.]

An Act for the better Preservation of the Fish called Alewives, in Mill River, so called,
in Taunton, in the County of Bristol, and for regulating the Taking of said Fish in
said River.

Sp. Laws, vol. 2, p. 220. Sect. 1. Be it enacted, That from and
after the passing of this act, the selectmen of the said town of
Taunton, for the time being, shall be and the}' are hereby constituted
inspectors of the said Mill River, whose duty it shall be, within ten
days after being chosen to their said office of selectmen, to take an
oath for the faithful discharge of their said trust as inspectors, before
some justice of the peace for said county of Bristol, or the clerk of the
said town of Taunton ; and also, within the same ten days, to post up
at some public places in said town, near said river, an advertisement
under the hands of the major part of them, pointing out the manner,
lime and place, in which said fish may be taken in said river (provided
that the time of taking said fish shall not exceed three days in each
week). And if any person shall pull down or deface such advertise-
ment, he or she shall forfeit and pay the sum of one dollar. And if
any person shall presume to take any of said fish in said river, at any
other time or place, or in any other manner, than those mentioned in
said advertisement, he or she so oflTending shall forfeit and pay for
each oflTence a sum not less than one dollar nor more than twenty
dollars.

74 LAWS RELATING TO

Sect. 2. Be it further enacted, That the inhabitants of said town,
at any town meeting legally warned for that purpose, may, in such
manner as they sliall think proper, sell the exclusive right of taking
said fish in said river under such regulations as they may judge neces-
sary : provided, always, that no one sale shall be for more than one
year, and that the purchasers of said right shall not be allowed to sell
fish for more than twenty-five cents per hundred.

Sect. 3. Be it further enacted, That in any 3'ear when the said
inhabitants shall sell the exclusive right of taking said fish as afore-
said, the said inspectors shall post up their advertisement as aforesaid,
forbidding all persons, otlier than the said purchasers or their agents,
to take an}' of said fish in said river, at an}' time or place whatever ;
and also forbidding the said purchasers to take any of said fish, save
at the times and places and in the manner mentioned in the conditions
of sale.

Sect. 4. Be it further enacted. That the said inspectors, or the
major part of them, be and they are hereby authorized and empowered
to open any dam or the sluice of any mill or other water-works erected
or that may be erected on or over the said river, so that there shall
be a passage-way of such width (not exceeding twelve feet) and
depth as sliall be sufficient for the passing of said fish up said river at
the expense of the owner or owners of such dam or sluice : provided^
such owner or owners shall neglect to open the same when thereto
required by the inspectors or the major part of them ; and the dam or
sluice that raaj^ be so opened, shall continue open for so long a time
in the months of April and May annuall}-, as the said inspectors or
the major part of them shall judge necessary ; and if any person or
persons shall obstruct the passage-ways allowed or ordered by the
said inspectors or the major part of them, in any dam or sluice-way,
or shall obstruct the passage of said fish in any other part of said
river than shall be permitted by the said selectmen, conformably to
this act, such person or persons so offending shall forfeit and pay a
sum not exceeding three hundred dollars nor less than ten dollars.

Sect. 5. Be it further enacted, That all penalties incurred by the
breach of this act may be sued for and recovered by any of said
inspectors in any court in the county of Bristol proper to try the
same ; and all sums so recovered shall be one half to the use of the
prosecutor and the other half to the use of the said town of Taunton ;
and in case any minor or minors shall oflfend against any part of this
act, and thereby incur any of the penalties aforesaid, in all such cases
the parents, masters or guardians of such minor or minors shall be
answerable therefor in an action to be brought against such parents,
masters or guardians as for his or their personal offence.

Sect. 6. Be it farther enacted^ That the several laws heretofore

INLAND FISHERIES. 75

passed authorizing the proprietors of the slitting mills, standing on
the said river, to stop the water and make use of the same three days
in each and every week during the months of April and May annually,
be and the same are hereb}' repealed. — [March 2, 1798.

An Act to prevent the Destruction and to regulate the Catching of the Fish called Ale-
wives, in the Rivers and Streams in the Town of Falmouth, in the County of Barn-
stable.

Sp. Laws, vol. 2, p. 222. Sect. 1. Be it enacted, That the town
of Falmouth shall be and hereby are empowered and directed, at their
meeting for the choice of town officers in March or April annually, to
choose five or more persons, being freeholders in the said town, to see
that this act be duly observed ; and each person so chosen shall be
sworn faithfully to discharge the duties required of him by this act :
and the said committee shall meet together annually, on or before the
thirtieth day of March, at such place as they or a majority of them
shall appoint ; and the major part of the committee present at such
meeting, being not less than three in number, are hereby authorized
and empowered to order the times when (which shall not exceed three
days in a week), the places where, and the manner in which said fish
may be taken ; and shall notify' the inhabitants thereof, by posting up
notifications in several public places in said town of Falmouth, within
ten da3-s after their being chosen as aforesaid ; and the said committee
or the major part of them are hereby fully authorized and empowered
to cause the natural course of the streams through which the said fish
pass to be kept open and without obstruction, to remove any such as
may be found therein, and shall have authority' for those purposes to
go on the land or meadow of any person through which such streams
run, without being considered as trespassers ; and shall open or cause
to be opened any sluice-way through any dam now erected, or that
may be hereafter erected on or over an}^ of the said rivers or streams
(between the ponds where the said fish usually cast their spawns and
the sea), at the expense of the said town of Falmouth : provided, the
owner or owners of any such dam shall neglect to open the same
when thereto required bj' the said committee ; and the dam or sluice
so opened shall continue open in ever}' year to such depth and width
as shall be necessary for a passage for said fish, and for such term of
time between the first day of April and the tenth day of June, as the
major part of the said committee shall judge necessary ; and if any
person or persons shall molest or hinder the said committee or either
of them in the execution of his or their said office, or shall obstruct
the passage-ways or sluice-ways allowed or ordered by the said com-
mittee, or the major part of them, each person so offending shall, on
conviction before any justice of the peace for the county of Barns-

76 LAWS RELATING TO

table, pa}' a fine foi* every such offence not exceeding ten dollars nor
less tlian three dollars.

Sect. 2. Be itfurfher enacted. That if any person or persons shall
take any of the said fish in the said rivers, streams or ponds afore-
said, at an}- time, in an}' place, or in any manner other than shall be
allowed by the said commiltee as aforesaid, each person so offending
for each and every offence shall, on conviction thereof, pay a fine not
exceeding three dollars nor less than one dollar, if the quantity of fish
so taken is less than one barrel, but if the quantity so taken shall be
one barrel or more, such person or persons so offending shall forfeit
and pay for each and every barrel of fish so taken, the sum of three
dollars.

Sect. 3. Be it further enac^ecU That if the committee aforesaid, or
either of them, shall detect any person or persons in taking any of
the said fish, at any time, in any place, or in any manner otherwise
than is allowed by the said committee, or shall find such fish with
such person or persons, such person or persons shall be deemed to
have taken the said fish unlawfully, and shall be subject to the
penalties of this act accordingly ; unless such person or persons can
make it appear, on trial, that they came by the said fish in some other
way.

Sect. 4. Be it further enacted, That all the forfeitures incurred by
virtue of this act, shall be to the use of the said town of Falmouth,
to be recovered by an action on the case, in any court proper to try
the same, to be brought by the treasurer thereof. — [March 2, 1798.

[Sp. Laws, vol. 2, p. 289; 1825, 63; 1847, 94; 1851, 98; 1858, 130.]

An Act authorizing the Inhabitants of the Towns of AVatertovvn, Weston and Waltham,
in the County of Middlesex, to regulate the Taking of the Fish called Shad and Ale-
wives within the Limits of the said Town.

Sp, Laws, vol. 2, p. 224. Sect. 1. Be it further enacted, That
from and after the ninth day of February, which will be in the year
of our Lord seventeen hundred and ninety-nine, it shall be lawful for
the inhabitants of the towns aforesaid to sell the right, and regulate
the times, places and manner of taking the said fish, within the limits
of said towns, not exceeding, in point of time, three days in each
week ; and the inhabitants of said towns respectively, at their annual
meeting in March, are hereby authorized and empowered to appoint
agents, whose duty it shall be to carry into execution the purposes of
this act.

Sect. 2. Be it further enacted. That there shall be a meeting of
the agents of said towns, holden annually on the last Monday in
March, at two of the clock in the afternoon, at the public house in
said Watertown which may be situated the nearest the bridge, in
same town, over Charles River ; at which meeting the agents so chosen

' INLAND FISHERIES. 77

may agree on the place of holding and the manner of calling any
intermediate meeting ; may choose a clerk, whose duty it shall be to
record in a book, kept for that purpose, all votes, regulations and
orders which may be passed b}' said agents, or the major part of them,
during the period for which they are chosen ; and at the end of said
period, it shall be the duty of said clerk to transfer said book to the
person who may be chosen to succeed him in said office.

Sect. 3. Be it further enacted^ That the agents aforesaid, at any
meeting established by this act, or called pursuant to any agreement
of said agents, may, in behalf of said towns, and for their use and
benefit, sell the right, and regulate the times, places and manner of
taking said fish within the towns aforesaid, not exceeding the time
aforesaid ; and the proceeds of the sale of said right shall, from time
to time, be divided between said towns, according to the sums they
shall, respective!}', pay towards the maintenance of the bridge, in
said Watertown, over Charles River; and the said agents shall forth-
with, after establishing such rules and regulations, and determining by
whom said fish may be taken, cause a copy thereof, under their hands,
to be posted in some public place in each of said towns ; and if any
person or persons, other than those to whom said right shall be sold
as aforesaid, shall take any fish of the description aforesaid, within
the towns aforesaid ; or if any person to whom said right shall be
sold as aforesaid, shall take any of said fish at an\' other time, in any
other place, or in any other manner than shall be expressed in the
conditions of the sale to him, such person so offending shall forfeit
and pay treble the value of the fish so taken, to be recovered in an
action on the case, to the use of an}- person who may sue for the
same.

Sect. 4. Be it farther enacted, That if the agents of either of the

towns aforesaid shall neglect to attend at any meeting, called as

aforesaid or appointed by this act, the votes passed, and the orders

and regulation established by the major part of the agents who shall

attend said meeting, shall be as binding on said towns, and as good

and valid to all intents and purposes, as they would be were the whole

of said agents present at said meeting. And in deciding any question

which may come up before said agents, in executing the duty assigned

them by this act, one vote only shall be allowed to each town. —

[March 2, 1798.

[1815, 56 ; 1823, 76.]

78 LAWS RELATING TO'

[Sp. Laws, vol. 1, p. 250.]

An Act in addition to an Act entitled " An Act regulating the Taking of the Fish called
Alewives, in the Town Brook, so called, in the Town of Plymouth," passed the twen-
tieth day of June, in the year of our Lord one thousand seven hundred and eighty-
nine.

Sp. Laws, vol. 2, p. 241. Sect. 1. Be it enacted, That the said
act to which this is an addition, and all parts, clauses and provisions
thereof, shall extend to include one other brook in said town of Plym-
outh, known by the name of Fresh-Pond Brook, in the second precinct
of said town ; and the taking of the fish aforesaid in Fresh-Pond Brook
is hereby authorized in the same manner and under the same rules,
regulations and restrictions, in every respect, as the same is author-
ized in and by the act to which this is an addition, in the aforesaid
town brook, and no otherwise, anything in said former act notwith-
standing : provided, nevenheless, that the inhabitants of the town of
Plymouth ma}^ at their annual meeting in March or April, fix and
determine at what place in Fresh-Pond Brook said fish may be taken.
— [June 25, 1798.

Ax Act in addition to the several Acts respecting the Proprietors of Middlesex Canal.
Sp. Laws, vol. 2, p. 241. [A clause from Sect. 1.] — Provided,
nevertheless, that nothing herein shall be construed to repeal or annul
the restrictions under which the said proprietors and corporation are
laid by furmer acts, respecting the waters of Shawshine River, or the
ponds, brooks or streams emptying their waters into the same. —
[June 25, 1798.

[Sp. Laws, vol. 2, p. 148.]

An Act in addition to an Act entitled " An Act for regulating the Taking of Shad, Ale-
wives and other Fish, in Neponset River, and the several Streams from the Ponds
called Punkapog and Massapog." (March 16, 1797.)

Sp. Laws, vol. 2, p. 271. Sect. 1. Be it enacted. That the town
of Stoughton, in the county of Norfolk, ma}- choose a committee to
inspect the fishery in Neponset River, and the sti-eams aforesaid, in
the same manner, and who shall be under the same regulations,
subject to the same duties, and have the same powers, as the like
committees for the several towns adjoining the aforesaid river and
streams : and said town of Stoughton shall have their proportionable
part with the town of Canton, of all profits arising from said fislier}',
and also of all fines and forfeitures incurred by the breaches of the
act to which this is an addition, in the same manner, and to the
same extent it would have had, had the act, passed the twenty-third
day of Februar}', in the year of our Lord one thousand seven hun-
dred and ninety-seven, entitled " An Act to divide the town of
Stoughton, in the county of Norfolk, and to incorporate the northerly

INLAND FISHERIES. 79

part thereof into a town by the name of Canton," never have been
passed ; anything in either of the aforesaid acts to the contrary not-
withstanding. — [Feb. 19,1799.

[1823, 41.]

1799.

An Act to regulate the taking of the said Fish called Alewives, in Monatiquot River,

in the town of Braintree.

Sp. Laws, vol. 2, p. 285. Sect. 1. Be it enacted, Tiiat the town
of Braintree, at their meeting in March or April annually, may and
they are hereby autliorized to regulate the taking of the fish called
alewives, in Monatequot River by fixing upon the times, places and
manner of taking said fish, and the price at which said fish when
taken may be sold, not exceeding twenty-five cents for one hundred
fish ; and also to direct their committee to farm out or sell the privi-
lege of taking said fish ; which regulations, when made, shall remain
in force for one year next ensuing, and afterwards until new regula-
tions in manner aforesaid shall be adopted by the town. And it
shall be the duty of said town, at their aforesaid meeting annually,
to choose three discreet persons, whose duty it shall be to Inspect
said river, to cause the regulations respecting said fishery to be
carried into effect, and to prosecute all violations thereof that shall
come to their knowledge, and who shall also be sworn to the faithful
performance of their duty, in like manner and under like penalties as
other town officers.

Sect. 2. Be it further enacted. That the owners or occupiers of
dams across said river shall, during the time said fish are passing up,
open a passage through, over or round their respective dams, suffi-
cient for the passage of said fish, in the opinion of the committee,
under penalty of ten dollars for each and every twenty-four hours that
they shall neglect to open a passage as aforesaid, from and after said
owner or occupier has been notified and required, in writing, by said
committee, for the space of two days, so to do.

Sect. 3. Be it further enacted, That if any person shall make
any wear across said river, or cause an}' obstruction to the free pas-
sage of said fish, or if an}- person shall presume to take any of said
fish, except at the places and on the daj's allowed by the town, or if
any person other than the purchasers or farmers of the said privilege,
or those emploj-ed by them, shall presume at any time to take any of
said fish, or if the person taking said fish shall sell them at a higher
rate than the town shall allow, the person so offending shall for each
offence forfeit and pay a sum not more than five dollars nor less than
one dollar, at the discretion of the justice before whom the same may
be tried.

80 LAWS EELATING TO

Sect. 4. Be it farther enacted, That all penalties incurred by a
breach of an}- regulations respecting said fisherj-, maj* be sued for be-
fore any justice of the peace for the county of Norfolk, b}' the treas-
urer of said town ; and the committee aforesaid ma}' be competent
witnesses in an}' prosecution for a breach of this act, notwithstanding
they may be complainants in said prosecution.

Sect. 5. Be it further eyiacted, That all fines recovered for the
breach of this act shall be for the use of the town of Braintree.

Sect. 6. Be it further enacted. That the committee chosen by vir-
tue of this act shall be compensated for their service b}' the town of
Braintree, at such rate as the town shall agree upon at the time they
are chosen. — [March 1, 1799.

[1812, 154; 1817,151.]

[Sp. Laws, vol. 2, p. 222.]

An Act in addition to and for the Amendment of an Act entitled " An Act to prevent
the Destruction and to regulate the Catching of the Fish called Alewives, in the Riv-
ers and Streams in the Town of Falmouth, in the County of Barnstable."

Sp. Laws, vol. 2, p. 289. Be it enacted, That the committee to be
chosen conformably to the act to which this is in addition, be and
the}' hereby are authorized to permit the taking of said fish five days
in a week, if they see fit, during the period provided by said act for
said rivers and streams to be kept open, anything in said act to the
contrary notwithstanding. — [March 1, 1799.

An Act regulating the Taking of the Fish called Alewives in Island Creek Brook (so

called), in the Town of Duxbury.

Sp. Laws, vol. 2, p. 289. Sect. 1. Be it enacted, That the fish
called alewives may be taken from two rods below the bridge over
said brook, and as far up said brook as the width of the road, com-
monly called Plymouth road, and shall not be taken in any other
part thereof, and at such times only as the committee, who may be
appointed by said town as is hereafter provided, may direct.

Sect. 2. Be it further enacted, That the inhabitants of said town
of Duxbury, at their meeting for the choice of town officers in March
or April annually, be and they hereby are authorized and directed to
appoint three or five persons a committee to oversee the taking said
fish as aforesaid, which committee shall distribute the fish taken by
them, or under their direction, as equally as circumstances will admit,
to such of the inhabitants of said town as may apply for the same ;
and for the fish so supplied and delivered, the committee aforesaid
shall demand and receive of the person or persons applying therefor,
payment at such rate or rates as the inhabitants of the said town, at
their annual meeting in March or April, may direct, excepting of such
poor persons as may be named in a list to be annually made out by

INLAND FISHERIES. 81

the selectmen of said town, and who, in the opinion of the selectmen,
are unable to pay for the same, which list shall be given to the com-
mittee, and the person or persons borne on the same shall be sup-
plied with such quantities of said fish gratis, as the committee may
think expedient. And the committee aforesaid shall have such allow-
ance for their services as the inhabitants of said town, at the time of
appointing said committee, shall determine ; and shall annuallj', in
the month of September next following their appointment, exhibit
their accounts to the selectmen of said town for settlement and allow-
ance, and pay the balance remaining in their hands, if any, to the
treasurer of the town of Dusbury, for the town's use.

Sect. 3. Be it further enacted^ That the said committee, or the
major part of them, be and hereby are authorized and empowered to
open any dam or the sluice of an}' mill or other water-works erected,
or that ma}' be erected, on or over said brook, at the expense of the
owner or owners of such dam or sluice, provided such owner or own-
ers shall neglect to open the same when thereto required by said com-
mittee, or the major part of them as aforesaid ; and the dam or sluice
that ma}' be so opened shall continue open to such depth and width,
and for so long a time as the said committee or the major part of them
shall judge necessary ; and if any person or persons shall obstruct the
passage way allowed or ordered by the said committee or the major
part of them, in any dam or sluice-way, or shall obstruct the passage
of said fish in any other part of said brook than is permitted by this
act, such person or persons so offending shall forfeit and pay a sum
not exceeding one hundred and fifty dollars nor less than thirty dol-
lars.

Sect. 4. Be it further enacted, That if any person or persons,
other than the said committee, or such persons as shall be by them
employed, shall take any of the said fish in the said brook, or any
part of it, at any time, or by any means whatsoever, each person so
offending shall forfeit and pay a sum not exceeding ten dollars nor
less than two dollars for every such offence.

Sect. 5. Be it further enacted, That all penalties incurred by the
breach of this act may be sued for and recovered by the treasurer of
the town of Duxbury, for the time being, in any court in the county
of Plymouth proper to try the same ; and all sums so recovered shall
be appropriated to the use of said town ; and in case any minor or
minors shall oflfend against any part of this act, and thereby incur any
or either of the penalties aforesaid, in all such cases the parents,
masters or guardians of such minor or minors shall be answerable
therefor ; and in case of a prosecution of such minor or minors for
any offence, the action shall be commenced against the parent, master
or guardian of such minor or minors respectively, and judgment be

82 LAWS RELATING TO

rendered against any parent, master or guardian in such case, in the
same manner as for his or their personal offence.

Sect. 6. Be it further enacted. That no person, by reason of being
an inhabitant of said town, or one of said committee, shall l)e hereby
disqualified from being a witness in any prosecution for a breach of

this act.

Sect. 7. Be it further enacted. That all laws heretofore made and
provided for regulating the alewive fishery on said brook, be and the
same are hereby repealed. — [March 1, 1799.

1800.

An Act for regulating the Alewive Fishery in the Gulf Stream, so called, that runs be-
tween the towns of Scituate in the County of Plymouth, and Cohasset in the County
of Norfolif.

Sp. Laws, vol. 2, p. 375. Whereas the town of Scituate has legally
granted to Elisha Doane, his heirs and assigns forever, all their right,
title and interest in and to the said Gulf Stream, on certain conditions
in that grant specified ; and whereas the town of Cohasset hath legally
granted to the said Elisha Doane and Isaac Smith, their heirs and
assigns forever, all their right and title in and to the said Gulf Stream,
on certain conditions in their grant mentioned ; which said conditions,
stipulated by said towns, appear to have been complied with on the
part of said Doane and Smith ; and whereas the said Doane hath
agreed '" that if the flood-gates of the said Doane's mill-dam should
not, in the passage of the said fish up the stream, open during the
flood-tide, by reason of the water above, the proprietors of said mill
shall draw off so much water from the mill-pond as to cause said gates
to open on the flood-tide ; and if the proprietors of said mill shall
refuse or neglect to draw off said water from said pond suflHcieut for
the gates to open as aforesaid, the fish-wardens hereafter mentioned,
duly authorized for that purpose, they shall have authority to draw
off from said pond so much water as to cause said gates to open as
^foresaid, in such manner as shall be least detrimental to the propri-
etors of said mill " :

Sect. 1. Be it enacted, That from and after the passing this act,
the selectmen of the towns of Scituate and Cohasset shall be fish-
wardens, and shall be sworn as other town officers, and shall be under
like penalties in case of refusal ; said wardens shall have authority
to regulate the times and places and manner of taking said fish ; and
also the prices at which said fish may be sold, not exceeding twenty-
five cents for each hundred ; also to farm out or sell for one year, after
giving public notice in each of said towns, the privilege of taking said
fish, under such regulations as the wardens shall previously establish ;
and it shall be the duty of said wardens to cause to be removed all

INLAND FISHERIES. 83

obstructions to the passage of said fish up to the pond where they
usually cast their spawn, and to open, or cause to be opened, sufficient
'sluice-ways or passages for said fish through the mill-dams that now
are or that hereafter ma}' be directed above said Doane's mill, at the
expense of the owners thereof: prodded, that the said wardens shall
exercise no authority at said Doaue's mill than what is conceded by
said Doaue, and is contained in the preamble of this act.

Sect. 2. Be it farther enacted, That if any person shall shut an}'
sluice-ways, or make any wears or other obstruction to the free pas-
sage of said fish, during such parts of the months of April and May
annually, as the wardens shall determine to be necessary for the free
passage of said fish, the person so offending shall forfeit and pay a
sum not exceeding one hundred dollars, and if any person shall break
any of the regulations established by said wardens, the person offend-
ing therein shall forfeit and pay a sum not exceeding ten dollars.

Sect. 3. Be it further enacted, That it shall be the duty of the
fish-wardens to prosecute for all breaches of this act, and for all such
regulations as shall be established in pursuance thereof, in any court
proper to try the same, either in the county of Plymouth or Norfolk.

Sect. 4. Be it farther enacted, That the proceeds of said fishery,
as well as the amount of all fines recovered by said wardens, shall
equally accrue to the said towns of Scituate and Cohasset, and be
paid to the respective treasurers of said towns.

Sect. 5. Be it further enacted. That any fish-warden, as well as

any inhabitant of the respective towns of Scituate and Cohasset, may

be a competent witness in any prosecution under this act. — [March

4, 1800.

[Sp. Laws, vol. 2, p. 450.]

[Sp. Laws, vol. 1, p. 422.]

An Act in addition to an Act, entitled " An Act to prevent the Destruction of the Fish
called Alewives, in Taunton Great River, so called, in the County of Bristol, and also
to regulate the Catching the said Fish therein for the future."

Sp. Laws, vol. 2, p. 381. Sect. 1. Be it enacted. That no two
seines or drag-nets shall be set, used or drawn in said river, so that in
drawing or sweeping with said two seines or drag-nets, any two points
of said river, lying and being within twenty rods of each other, shall
by different seines or drag-nets be drawn over, or swept on the same
• day. And any person or persons who shall offend herein by approach-
ing within twenty rods of any part of the river, that shall have been
occupied by another seine or drag-net on the same day, shall forfeit
and pay for each offence the same sum, to be recovered in the same
manner, and to the same uses as is provided for using seines and
drag-nets, contrary to the act to which this is in addition. — [March
4, 1800.

84 LAWS RELATING TO

1801.

[Sp. Laws, vol. 1, p. 512.]

An Act for providing a Passage for Fish from Mystic River to Ell Pond, so called, in

the Town of Maiden.

Sp. Laws, vol. 2, p. 431. Whereas sundry inhabitants of the town
of Maiden, and Samuel Tufts, have made an agreement respecting
the passage of fish in the waters leading from Mystic River to Ell
Pond, in said town :

Sect. 1. Be it enacted, That it shall and may be lawful for
Cotton Sprague and others, being sundry inhabitants of the westerly
part of Maiden, who have petitioned this court to adopt some measure
for securing a passage for shad and alewives from Mystic River to
Ell Pond, so called, in said Maiden, at their own expense, to con-
struct a passage-way for said fish, over the mill-dam of Samuel Tufts,
which stands on the stream leading from said pond, and for that pur-
pose to cut away so much of the waste-board between the two eastern-
most posts of said dam as to reduce the same four inches below his
right to flow, so as to admit of said passage-waj' to pass over said
dam in that place, and so up said stream ; which said passage-way
shall be built and kept in repair, for the term of five years from the
passing of this act, from the tenth day of April to the twentieth day
of May inclusive, in each year, at the expense of said petitioners,
unless at any time said passage-way should be wantonly or maliciously
injured or destroyed, in which case it shall be the duty of the inhab-
itants of said town of Maiden to repair the same ; and if the inhab-
itants of said town shall neglect or refuse to repair the same accord-
ingh', within seven days after the same shall have been injured as
aforesaid, it shall be lawful fur an}' one or more of said petitioners
forthwith to repair the same, and to recover of said inhabitants
double the expense of such repairing, with costs of suit, by an action
on the case, in any court proper to try the same.

Sect. 2. Be it further enacted^ That it shall be the duty of the
said Samuel Tufts, during the said term of Sa^c years, to keep his
said dam in as good repair as it now is ; and if at any time the same
shall be out of repair, and he shall not repair the same in a reasonable
time, that it shall and may be lawful for an}- one or more of the peti-
tioners to repair the same, and to recover of said Samuel Tufts
double the amount of the expense thereof with costs of suit, b}' an
action of the case, in any court proper to try the same ; and also,
that the said Samuel Tufts shall not improve any mill, from the
fifteenth da}' of April to the fifteenth day of May annually, except
his mills for grain.

INLAND FISHERIES. 8d

Sect. 3. Be it farther enacted. That it shall be lawful for said town
of Maiden, at their annual meeting in March or April annually, dur-
ing said term, to choose a committee of three, five or seven freeholders
of said town, whose dut}- it shall l>e, and they or the major part of
them are hereby empowered to keep the stream aforesaid free and
clear of all obstructions to the passage of said fish through the whole
course of said stream from Mystic River to Ell Pond : provided, that
nothing herein contained shall give said committee any right to
destroy or impair said mill-dam : provided, also, that nothing in this
act contained shall be so construed as in any manner to affect any
interest in said stream, or tlie privileges or appurtenances thereto
belonging, claimed b}' said town or said Samuel Tufts.

Sect. 4. Be it further enacted, That during the said term of five
" j^ears, it shall not 1ie lawful for any person to take any shad or ale-
wives in said stream, ofterier or more than two days in each week,
viz. : from sunrise on Monda}' to sunrise on Tuesda}' morning ; and
from sunrise on Friday morning to sunrise on Saturday morning, in
each week. And if any person shall offend against this prohibition,
he shall forfeit and pay the sum of ten cents for each fish which he
may so take, to be recovered, with costs of suit, by any one or more
of said committee who may first sue for the same, by action of debt
in an}' court proper to try the same ; one half of which forfeiture shall
enure to the use of said town, and the other half to him or them who
ma}' sue therefor.

Sect. 5. Be it further enacted. That this act shall continue and be
in force for and during the term of five j'ears next after the passing
the same, and no longer, except as to any prosecutions for any penal-
ties, or actions for recover}' of any expenses which • may then be
depending according to the provisions thereof. — [March 7, 1801.

[Sp. Laws, vol. 2, p. 105.]

An Act in addition to an Act, entitled " An Act to regulate the Alevvive Fishery in the
Town of Bridgewater, in the County of Plymouth, and for repealing all Laws here-
tofore made for that purpose," passed in the year of our Lord one thousand seven
hundred and ninety-seven.

Sp. Laws, vol. 2, p. 433. Whereas it is represented to this court,
that by reason of the broken state of the dam, at a place called the
Great River Mills, in Bridgewater, it is impracticable to take fish at
said place ; therefore,

Sect. 1 . Be it enacted, That it shall and may be lawful for the
town of Bridgewater, the present year only, to take said fish at such
times and places as were provided by an act entitled " An Act for
regidating the Alewive Fishery in the Town of Bridgewater, in the
County of Plymouth, and for repealing all laws heretofore made for

86 LAWS RELATING TO

that purpose," passed the ninth day of Mai'ch, in the year of our Lord
one thousand seven hundred and ninety-one, the law to which this is
an addition to the contrary notwithstanding : provided, said town
shall at their annual meeting in March instant, vote the same, which
the town are hereby authorized to do at said meeting ; an}- law to the
contrary notwithstanding. — [March 7, 1801.

An Act for regulating the Taking and Disposing of the Fish called Alewives within the
limits of the Town of Weymouth, and for the more effectually securing to the said
Town the advantages thereof.

Sp. Laws, vol. 2, p. 434. Whereas the town of Weymouth, in the
count}^ of Norfolk, at a very considerable expense, purchased and
opened a passage for the fish called alewives into Whitman's Pond
and the Great Pond, so called, being wholly within said town, and
conveyed into them a number of said fish, whereby a great increase
has arisen ; it is therefore but just and reasonable that the benefits
arising from the taking and disposing of the said fish should be
wholly vested in the said town ; wherefore.

Sect. 1. Be it enacted, That the taking and disposing of the
said fish called alewives shall be under the care and management of a
committee of the said town, who shall dispose of them in such man-
ner, for the benefit of said town, as they shall judge best, and account
with the treasurer of said town for the proceeds thereof, on or before
the first da}' of November annually, and the money arising therefrom
shall be appropriated to the use of schooling in said town ; and the
said committee shall have a reasonable allowance for their service,
and lay their accounts before the selectmen of said town for allow-
ance and approbation ; and the said committee shall consist of five
freeholders, chosen b}- ballot in the months of March or April annu-
ally, who shall be sworn to the faithful discharge of their duty ; and
if an}' person chosen to serve on the said committee shall refuse to
serve, or if chosen shall neglect to take said oath for the space of
seven days after being legally notified of such choice, he shall forfeit
and pay to the use of said town the sum of ten dollars.

Sect. 2. Be it further enacted, That tbe said committee, or either
of them, shall have full power and authority to remove from or out
of the river, brooks or streams leading to the said ponds, any ob-
structions that may be made to the free passing of the said fish into
the said ponds, or repassing from them into the sea ; and the said
committee's going, or either of them, on to the land of any person
or persons for this purpose, shall not be deemed or held as a trespass ;
and the said committee, or the major part of them, shall determine
the particular places where the said fish shall be taken, and give pub-
lic notice thereof by posting up one or more notifications in some

INLAND FISHEllIES. 87

conspicuous place or places in the said town, on or before the first
daj' of May annually : provided, hoivever, that the said fish shall not
be taken on any other days than Mondays, Wednesdays and Fridays,
between the rising and setting of the sun on said days, nor by an}-
other instrument or ways than b}' a scoop or dip-net.

Sect. 3. Be it further enacted, That no person shall catch or take
any of the said fish in any of the rivers, brooks or streams leading
to or from the said ponds, without the direction or leave of the said
committee, or the major part of them ; and whoever shall presume,
at any time hereafter, to take, kill or haul ashore an}^ of the said fish,
with seines or drag-nets, in either of the ponds aforementioned, or in
Weymouth Back River, so called, or in the river, brooks or streams
through which the said fish pass into the said ponds, or shall with any
seines or drag-uets, or in any other way obstruct the passage of the
said fish to or from the said ponds, or either of them, or shall ob-
struct the said committee, or either of them, in the execution of their
duty, in all and every of these cases the offender shall for each offence
forfeit and pa^^ a sum not exceeding thirteen dollars nor less than ten
dollars ; and in case the offence be committed in the night, a sum not
exceeding thirty dollars nor less than twenty dollars.

Sect. 4. Be it further enacetd, That it shall be the duty of the
said committee to give notice to the treasurer of the said town of
Weymouth of all offences committed against this act that shall come
to their knowledge ; and the treasurer thereof is hereby vested with
full power and authorit}' to sue for and recover, from time to time,
all fines and forfeitures incurred b}' any breach of this act, in an}'
court proper to try the same ; and such fines and forfeitures shall be
to the use of the said town, saving where an}' person shall give infor-
mation of any breach of this act, the informer, upon conviction of
the offender, shall be entitled to one-third part of the forfeiture ; and
no person shall be considered as disqualified from being an evidence
on any trial that may be had pursuant to this act on account of his
being an inhabitant of the said town of Weymouth, or of his being
one of the committee aforesaid.

Sect. 5. Be it further enacted, That an act passed in the year of
our Lord one thousand seven hundred and eighty-eight, entitled '• An
Act empowering the town of Weymouth to regulate and order the
taking and disposing of the fish called shad and alewives within the
limits of that town," be and the same is hereby repealed, except for
the purpose of recovering any fines or forfeitures that may have been
incurred under the said act. — [March 7, 1801.

[1825, 48; 1836, 198; 1846, 92.]

88 LAWS DELATING TO

An Act to regulate the Alewive P'ishery in the Brook running out of Wakepee Pond
(so called) into the Sea, in the Indian Plantation, called Marshpee, in the County
of Barnstable.

Sp. Laws, vol. 2, p. 436. Sect. 1. Be it enacted, That the over-
seers of the Indian plantation of Marshpee, or any two of them, shall
annually appoint one or more suitable person or persons to inspect said
brook, and to open, or cause to be opened, a sufficient passage-way for
the fish to pass and repass through any mill-dams that now are or may
be hereafter erected : provided, the owners of any such dams shall
refuse or neglect to open such sufficient })assage-wa\' themselves, and
cause the same to be kept open from the first day of April to the
twenty-fifth day of May annually, and to prevent any wears or ob-
structions of any kind which may be made across said brook, or any
part thereof, which may impede the passage of said fish. And said
committee shall regulate the times and places for taking said fish,
giving liberty to the Indian inhabitants to take as many of said fish
as may be needful for their own use.

Sect. 2. Be it further enacted. That if any person or persons
shall erect any wear, or obstructions of any kind, across said brook,
so as to obstruct the passage of said fish, he or they so offending
shall forfeit and pay a sum not exceeding ten dollars nor less than
three dollars for each offence.

Sect. 3. Be it further enacted, That any person not an inhabi-
tant of the said plantation, who is desirous of purchasing any of the
said fish, such person shall pay a sum not exceeding twent3'-five cents
for each hundred, to be delivered them by such person or persons as
the said committee shall appoint, and the proceeds of the same shall
be applied to the exclusive benefit of the said Indian and mulatto
inhabitants of said plantation.

Sect. 4. Be it further enacted. That all forfeitures and penalties
which may be incurred by an}- breach of this act, shall be recovered
b}' any one or more of the said board of overseers of the said Indian
plantation, in any couft in the said county of Barnstable proper to
tr}- the same ; and all such forfeitures shall be applied to the exclu-
sive benefit of the said Indian and mulatto inhabitants of said plan-
tation of Marshpee. — [June 13, 1801.

[Sp. Laws, vol. 3, p. ill.]

[Sp. Laws, vol. 2, p. 375.]

An Act repealing part of an Act entitled " An Act for Regulating the Alewive Fishery
in the Gulf Stream, so called, which runs between the Towns of Scituate, in the
County of Plymouth, and Cohasset, in the County of Norfolk," passed the fourth day
of March in the year of our Lord eighteen hundred.

Sp. Laws, vol. 2, p. 450. Whereas the beneficial effects contem-
plated by the act aforesaid have not been produced thereby :

INLAND FISHERIES. 89

Sect. 1. Be it enacted, That the aforesaid act, so far as it pro-
vides that the selectmen of the towns of Scituate and Cohasset shall
be fish-wardens, and so far as it respects the opening sluice-ways
through the raill-dams that now are, or that may hereafter be erected,
above the mill-dam erected by Elisha Doane and others, be and hereby
is repealed. — [June 19, 1801.

1802.

[Sp. Laws, vol.1, p. .313.]

An Act in addition to the several Acts now in force, regulating the Taking of the Fish

called Alewives in the Town of Middleltorough.

Sp. Laws, vol. 2, p. 469. Whereas doubts have arisen whether the
inhabitants of the said town of Middleborough are authorized by
law to agree with and hire an}- person or persons to take said fish
and sell them at the price stipulated by law, and to account with
the said inhabitants for the net proceeds of the same : therefore,

Sect. 1. Be it enacted, That from and after the passing of this
act it shall and may be lawful for the inhabitants of said town, at
any legal meeting called for that as well as other purposes, by them-
selves or a committee chosen by them for that purpose, to agree with
and hire such person or persons as they may deem proper, to take
said fish at an}' and all of the fishing places in said town, and to dis-
pose of them at the price stipulated by law, being accountable to the
inhabitants of said town for the net proceeds of the same. — [Jan. 21,
1802.

[Sp Laws, vol. 2, p. 105.]
Ax Act in further addition to an Act entitled " An Act to regulate the Alewive Fishery
in the Town of Bridgewater, in the County of Plymouth, and for repealing all Laws
heretofore made for that purpose," passed in the year of our Lord one thousand seven
hundred and ninety-seven.

Sp. Laws, vol. 2, p. 495. Sect. 1. Be it enacted, That it shall
and ma}' be lawful for the town of Bridgewater, in the county of
Plymouth, hereafter to take the fish called alewives in said town, at
such times and places as were provided in an act entitled " An Act
for regulating the alewive fishery in the town of Bridgewater, in the
county of Plymouth, and for repealing all laws heretofore made for
that purpose," passed the ninth day of March, in the year of our
Lord one thousand seven hundred and ninety-one ; any law to which
this is in addition to the contrary notwithstanding. — [February 27,
1802.

90 LAWS RELATING TO

An Act to prevent the Destruction of the Fish called Alewives, in their passage up and
down in the River and other Streams in the Town of Kingston, in the County of Plj'm-
outh, and for regulating the Taking and Disposing of said Fish, and for repealing an
Act entitled " An Act to prevent the Destruction of the Fish called Alewives, in their
passage up the Rivers and Streams in the Town of Kingston, in the County of Plym-
outh."

Sp. Laws, vol.2, p. 502. Sect. 1. Beit enacted, That the inhabit-
ants of said town of Kingston, at their annual meeting in March or April,
be and are hereb}' authorized and empowered to choose a committee
of five or more pei'sons, to see that the laws respecting the passage-
ways for said fish be observed ; and each person so chosen shall take
an oath faithfully to discharge the duties required of him by law ;
and the said committee shall oversee the taking of said fish in said
town, and shall distribute the fish taken by them, or under their direc-
tion, as equally as circumstances will admit, to such of the inhabitants
of said town as may apply for the same ; and for the fish so supplied
and delivered, the committee aforesaid shall demand and receive of
the person or persons receiving said fish, payment therefor, at such
rate or rates as the inhabitants of said town, at their annual meeting
in March or April, ma}- direct ; excepting of such poor persons as
may be named in a list, annually to be made out by the selectmen of
said town, and who in the opinion of the selectmen are unable to pay
for the same ; which list shall be given to the committee, and such
persons borne on the same shall be supplied with such quantities of
said fish, gratis, as the committee may think expedient. And the
committee aforesaid shall have such allowance for theirt services as
the inhabitants of said town, at the time of appointing said committee
shall determine ; and shall annually, in the month of September next
following their appointment, exhibit their accounts of the selectmen
of said town for settlement and allowance, and pay the balance
remaining in their hands, if any there be, to the treasurer of the town
of Kingston for the town's use.

Sect. 2. Be it further enacted, That the said committee, or the
major part of them, be and are hereby authorized and empowered to
open an}- dam, or the sluice of any mill or other water-works, erected
or that ma}' be erected on or across the river, or any of the streams
in said town, at the expense of the owner or owners of such dam or
sluice : provided, such owner or owners shall neglect to open the
same when thereto required by said committee, or the major part of
them, as aforesaid. And the said committee shall also have full
power to remove any other obstructions that may be made to the free
passage of said fish, in the rivers and other streams into the several
ponds in said town, and for their repassing from said ponds into the
sea. And the said committee, or either of them, going or passing on

INLAND FISHERIES. 91

or .icross the lands of any person, for any of the aforementioned pur-
poses, shall not be deemed or held as a trespass ; and an}' dam, or
sluice, or passage-way that may be opened as aforesaid, shall con-
tinue open, to such depth and width, and for such length of time, as
shall be necessarj' for the passing and repassing of the said fish as
aforesaid. And if any person or persons shall obstruct the passage-
wa}' allowed or ordered by said committee, or the major part of them,
in any dam or sluice-wa}-, or shall obstruct the passage of them in the
river, or any of the streams in said town, such person or persons
so offending, shall forfeit and pay a sum not exceeding one hundred
dollars, nor less than fifty dollars.

Sect. 3. Be it further enacted, That if any person or persons,
other than the said committee, or such persons as shall be by them
emploj'ed, shall take any of the said fish, in the river or in any part
of any of the streams in said town, at any time, or by any wa^s or
means whatsoever, each person so offending shall forfeit and pay a
sum not exceeding twentj'-five dollars, nor less than five dollars for
every such offence.

Sect. 4. Be it further enacted, That the town of Kingston, at
their meeting in March or April annually, shall appoint particular
places in each stream in said town where said fish may be taken ; and
no committee-man or person by them employed, or purchaser, shall
be deemed a trespasser in going on the lands of any person in order
to take said fish, on their paying a reasonable compensation therefor,
if required. And the committee chosen as aforesaid, shall appoint
certain days in each week, from the first da}- of April annually, not
exceeding four for four weeks successively, when the said fish shall
be taken ; and shall put up notifications in two public places in said
town, of the times and places for taking said fish, before the tenth
day of April annually.

Sect. 5. Be it further enacted, That all penalties incurred by a
breach of this act, may be sued for and recovered by the treasurer of
the town of Kingston, for the time being, in any court in the county
of Plymouth proper to try the same ; and all sums so recovered shall
be appropriated to the use of said town. And in case any minor or
minors shall offend against any part of this act, and thereby incur
any of the penalties aforesaid, in all such cases the parents, masters
or guardians of such minor or minors shall be answerable therefor ;
and in case of a prosecution of such minor or minors for any such
offence, the action shall be commenced against the parents, masters
or guardians of such minor or minors respectively, and judgment be
rendered against any parent, master or guardian in such case, in the
same manner as for his or their personal offence. And no person by
reason of being an inhabitant of said town, or one of said committee,

92 LAWS RELATING TO

shall be thereby disqualified from being a witness in any prosecution
for a breach of this act. *

Sect. 6. Be it further enacted. That an Act entitled " An Act to
prevent the destruction of the fish called alewives, in their passage
up the rivers and streams in the town of Kingston, in the count}' of
Plymouth," passed on the eighth day of November, in the 3'ear of our
Lord one thousand seven hundred and eighty-five, be and the same is
hereby repealed. — [March 3, 1802.

[1819, 125; 1857, 85.]

An Act to regulate the Alewivc Fishery in the Towns of Lynn, I>ynnfield and Reading,
in the Counties of Essex and Middlesex, and for repealing all Laws heretofore made
for that purpose.

Sp. Laws, vol. 2, p. .")04. Sect. 1. Be it enacted, That it shall and
maj' be lawful for the towns of Lynn and Lynnfield res})ectivel3', in the
county of Essex, and the town of Reading, in the county- of Middlesex,
annually, at any legal meeting of the inhabitants of said towns, to sell
or otherwise dispose of the privilege of taking the said fish within their
respective limits, at such times, not exceeding three days in a week,
and places, and under such regulations as the said towns shall respec-
tively direct ; and the emolument arising from said privilege shall be
severally appropriated by said towns to such purposes and uses as the
inhabitants thereof shall in town meeting from time to time determine.

Sect. 2. Be it further enacted. That if the purchaser or pur-
chasers, manager or managers, or those emplo3'ed by them, shall
presume to take any of the said fish at any other time or place in said
towns, or an\- of them, than shall be l)y said towns respectively deter-
mined ; and if any other person or persons whatever, except the pur-
chaser or purchasers, manager or managers of said privilege, or those
employed by them, shall presume to take or catch any of said fish in
any of the rivers or streams within the boundaries of said towns
respectively-, otherwise than may be by said towns respectively deter-
mined, he or they so offending shall, for each offence, forfeit and pay
a simi not exceeding thirteen dollars, nor less than one dollar, at the
discretion of the justice before whom the same shall be tried.

Sect. 3. Be it further enacted, That if the purchaser or pur-
chasers, manager or managers of said privilege shall, when in his or
their power, neglect or refuse to suppl}' any person or persons with
said fish, when green, in any quantity' not exceeding one hundred to
any one person who may apply therefor, at such rates as shall be
determined by said towns respectivol}*, not exceeding twent3--five
cents for one hundred of said fish, he or they so offending shall for
each offence forfeit and pay the sum of one dollar ; and if any person
shall ask, demand and receive more than twenty-five cents for one
hundred of said fish, and in that proportion for a less number, at the

INLAND FISHERIES. 93

landing where said fish are taken, he or they so offending shall, for
each offence, forfeit and pay the sum of one dollar.

Sect. 4. Be it further enacted, That the said towns of Lynn,
Lynnfield and Reading shall, at their respective annual meetings in
March or April, severally choose a committee, not exceeding nine,
nor less than three, freeholders of said towns, who shall be sworn or
affirm to the faithful discharge of the duties enjoined upon them by
this act ; and it shall be the duty of the said committee to cause the
natural course of the rivers, passage-ways or streams through which
said fish pass, to be kept open and without obstruction, during the
whole time said fish pass up or down in said rivers, passage-ways or
streams in each year, and to remove any such as shall be found
therein ; and to make the said passage-ways wider and deeper, if
they or the major part of them shall judge it necessary ; and the said
several committees, or any two of either of them, paying a reasonable
compensation therefor, if demanded, shall have authority, in dis-
charging the duties enjoined upon them by this act, to go on the
lands and meadows of any person through which such rivers, passage-
ways or streams run, or into any building, mill or other water-works
on said rivers or streams, without being considered as trespassers ;
and any person who shall molest or hinder the said committees, or
either of them, in the execution of the business of his or their office,
or shall obstruct any passage-way in the said rivers or streams, other-
ways than may be allowed by the said committees, or a major part
of them respectivel}-, he or they so offending shall forfeit and pay for
every such offence a sum not exceeding ten dollars, nor less than one
dollar, at the discretion of the justice before whom the same shall be
tried : provided, nevertheless, that nothing in this act shall be con-
sidered as authorizing the said committees to injure the proprietor of
any mill or water-works further than is necessary in order to give the
said fish a good and sufficient passage up the said rivers.
♦< Sect. 5. Be it further enacted, That it shall be the dut}' of the
said committees respectively, to prosecute all breaches of this act, and
for an}' two of them to seize and detain in their custod}^ any net which
may be found in the hands of any person using the same, contrar}^ to
the true intent and meaning of this act, until the person so offending
makes satisfaction for his offence, or is legally acquitted therefrom ;
and also to seize to the use of their respective towns, all such fish as
they shall suspect to have been taken contrar}' to the provisions of
this act, unless the person in possession thereof can give satisfactory
evidence to such committee that said fish were lawfuU}' taken.

Sect. 6. Be it further enacted. That all penalties incurred by
any breach of this act shall be recovered by an action on the case,
before any justice of the peace within and for the county where the

94 LAWS RELATING TO

ofl'ence shall be committed, allowing an appeal to the court of common
pleas of the same county ; and all sums of money recovered to either
of the said towns as forfeited by this act, shall be for the support of
the poor of the said towns respectively ; and no person by reason of
his being one of either of the said committees respectively, or an
inhabitant of either of the said towns, shall be thereby disqualified
from being a witness in an}' prosecutions for a breach of this act.

Sect. 7. Be it further enacted, That all laws heretofore made for
regulating the fishery in the said towns of Lynn, Lynnfield and Read-
ing, with joirat or separate authority, are hereb}' repealed. — [March

3, 1802.

[Sp. Laws, vol. 3, p. 198 ; 1823, 97 ; 1852, 48.] '

[Sp. Laws, vol. 1, p, 313.]

An Act for the preservation and regulating the taking of Fish called Alewives, in
the Brook running from the West Quitticus Pond to the East Quitticus Pond, near
the line between the Towns of Middleborough and Rochester, in the Countj' of
Plymouth.

Sp. Laws, vol. 2, p. 516. Sect. 1. Be it enacted, That the said towns
of Middleborough and Rochester shall annuall}^ at a regitlar town meet-
ing, respectively choose an agent, whose duty it shall be annually to
sell at public auction the privilege of taking said fish at said brook, on
Tuesdays, Wednesda3's and Thursdays in each week, and publish
their conditions of sale, wherein said agents shall express the price at
which the purchasers shall sell said fish, which shall be at the rate of
twenty-five cents per hundred, and also the manner of taking and dis-
posing of the same.

Sect. 2. Be it further enacted, That the agent of the said town of
Middleborough the first year, and the agent of the said town of
Rochester the second year, and so on alternately forever, shall notify
the town clerk of the other town concerned in said fishery, of the time
and place in which said agents shall meet, ten daj's at least l)efore the
time of meeting.

Sect. d. Be it further enacted. That if either of said towns shall
neglect to choose their respective agents as aforesaid, or if either of
such agents shall neglect to give notice to the other, as above re-
quired, such delinquent town or agent shall forfeit and pa}', to the
use of the town which shall choose such agent, for each otfence the
sum of thirty dollars.

Sect. 4. Be it farther enacted. That all persons who shall take any
of said fish in said brook, and be thereof convicted before any court
proper to try the same, shall forfeit and pay a sum not less than two
nor more than ten dollars ; except the purchaser or purchasers as
aforesaid, or those employed by them, who shall have liberty to take
said fish on said days.

INLAND FISHERIES. 95

Sect. 5. Be it further enacted, That it shall be the duty of the said
agents, or any other person chosen by the said towns of Rochester and
Middleborough respectively, to sue for the recovery of any forfeiture
incurred by the breach of the regulations provided in this act ; and
also of such further regulations as may from time to time be provided
and established by said agents. And all fines and forfeitures re-
covered for any breach aforesaid, except such as are mentioned in the
third section of this act, shall, together with the net proceeds of said
fishing, be equally divided between said towns ; and the treasurers of
the towns aforesaid respectively, may, in behalf of their respective
towns, recover in an action on the case, of any person or persons,
corporation or corporations withholding the same, one moiety thereof,
in any court proper to tiy the same.

Sect. 6. Be it further enacted, That the purchasers of the privilege
of taking said fish as aforesaid, shall in all respects conform themselves
to such regulations and conditions as said agents shall publish in their
conditions of sale as aforesaid, and in failure thereof shall forfeit and
pay for each offence a fine not exceeding one hundred nor less than ten
dollars.

Sect. 7. Be it fartlier enacted, That either of the agents for the
said towns of Middleborough and Rochester may be admitted as com-
petent witness in any prosecution for the breach of any regulations as
aforesaid ; and said agents, previous to entering upon the execution
of their office, shall be sworn to the faithful discharge of their duty,

as other town officers are sworn. — [March 6, 1802.

[1862, 202.]

An Act authorizing the Erection of a Dam for certain purposes, and to regulate the
Taking of Shad and Alewives in the Town of Middleton.

Sp. Laws, vol. 3, p. 5. Whereas the waters running from the Great
Pond in the town of Middleton, in the county of Essex, to Ipswich
River, becomes so low during the summer season that shad and alewives
cannot pass down to said river, but are detained in said pond, and
great numbers of them perish during the winter season, to the great
loss and damage of the inhabitants of said town :

Sect. 1. Be it enacted, That the inhabitants of the town of
Middleton aforesaid, may erect and keep in repair a dam, sluice and
gate-way in the brook, at the beginning thereof, near the pond leading
from said pond to said river, for the purpose of keeping so much water
in said pond as may be sufficient to fill said brook, so that the 3'oung
shad and alewives may pass down from said pond into said river:
provided, that the water shall not be kept in said pond by means of
said dam after the twentieth day of October in every year : ayid
provided, also, that the gate in the sluice hereby authorized to be

96 LAWS RELATING TO

erected, shall not be shut down before the twentieth day of April in
every year.

Sect. 2. Be it further enacted, That the inhabitants of the said
town of Middleton be t reby empowered to choose, at an}^ legal meet-
ing of the inhabitants of said town, committees for the purpose of
regulating, as the}' may think proper, the taking of shad and alewives
in the waters of„t,he said pond, and the waters running into and from
the same, and preventing obstructions to the said fish passing down
said brook, with fines and penalties not exceeding three dollars for
each offence, to be recovered in an}- court proper to try the same, one
moiet}' to the person who may recover the same, and the other moiety
to the use of the said town. — [June 18, 1802.

[1856, 52.]

1803.

[Sp. Laws, vol. 1, p. 272.]

An Act in addition to an Act entitled " An Act to regulate the Catching of Salmon,
Shad and Alewives in Merrimack River, and the Streams emptying into the same."

Sp. Laws, vol. 3, p. 43. Whereas it is found by experience that
catching of fish at or near the mouth of Johnston's Brook, so called,
emptying into Merrimack River, within the town of Bradford, in the
county of Essex, greatlj' impedes and obstructs the fish from entering
and passing up the said stream :

Sect. 1. Be it enacted, That from and after the passing of this
act no person or persons shall be allowed to drag an}^ seine or set any
net, pot or other machine, for the purpose of catching salmon, shad
or alewives, or any other wa^'s obstruct said fish in their passage
within thirty rods below or twent}^ rods above the mouth of said
stream, in Merrimack River, on penalty of thirteen dollars and thirty-
three cents for each ofl^ence, and the seine, net, pot or other machine
so used, to be forfeited ; and the fine or fines, aforesaid shall be re-
covered and applied in the same manner as fines for breaches of the
act to which this is an addition. — [February 7, 1803.

[Sp. Laws, vol. 3, p. 72.]

An Act to regulate the taking of Alewives in the several Streams leading from Ipswich

River to Prichard's Pond, in Topstield.

Sp. Laws, vol. 3, p. 48. Sect. 1. Be it enacted, That it shall and
may be lawful for the town of Topsfield, annuall}-, at any legal meeting
of the inhabitants of the said town, to sell or otherwise dispose of the
pri\ilege of taking alewives in the scA'cral streams leading from Ipswich
River to Prichard's Pond, in said Topsfield, at such times not exceed-
ing three days in a week, and at such places and under such regula-
tions as the said town shall direct ; and the emolument arising from
said privilege shall be appropriated b}^ the said town to such purposes

INLAND FISHERIES. 97

and uses as tlic inhabitants thereof shall, from time to time, in town-
meeting determine.

Sect. 2. Be it further enacted^ That if the pnrchaser or purchasers,
manager or managers, or those employed by them, shall presume to
take an}' of the said fish at an}' other time or place in the said town
than shall be by said town determined ; and if any other person or per-
sons whatever, except the purchaser or purchasers, manager or mana-
gers, of the said privileges, or those emplo^'ed by them, in either of
the streams aforesaid, shall take an}' alewives, said person or persons
so offending shall, for each offence, forfeit and pa}' a sum not exceed-
ing thirteen dollars nor less than one dollar, at the discretion of the
justice before whom the same shall be tried.

Sect. 3. Be it further enacted. That the said town of Topsfield
shall, at their annual meeting in March or April, choose by ballot a
committee, not exceeding seven nor less than three freeholders of
said town, who shall be sworn or affirm to the faithful discharge of the
duties enjoined upon them by this act ; and it shall be the duty of the
said committee to remove, or cause to be removed, all obstructions or
impediments out of the natural course of said streams or other
passage-ways, as they, or the major part of them, shall judge obstruct
and impede the passage of said fish, during the time of their passing
up and down in each year ; and the said committee, or the major part
of them, are empowered to open the natural course of the said
streams, by making them wider and deeper, as well as other passage-
ways which they may judge necessary for the passage of the said
lish. And, the said committee, or any two of them, paying a reasona-
ble compensation therefor if demanded, shall have authority, in dis-
charging the duty enjoined upon them by this act, to go on the lands
and meadows of any person through which said streams run, or into
any building, mill, or other water-works on said streams, without
being considered as trespassers ; and any person who shall molest or
hinder said committee, or either of them, in the execution of the
business of his or their office, or shall obstruct any of the aforesaid
streams or passage-ways, otherwise than may be allowed by the
said committee, or the major part of them, he or they so offending
shall forfeit and pay, for every such offence, a sum not exceeding ten
dollars nor less than one dollar, at the discretion of the justice before
whom the same shall be tried : provided, neverthdess, that nothing in
this act shall be considered as authorizing the said committee to
injure the proprietor of any mill or other water-works further than is
necessary in order to give the said fish a good and sufficient passage-
way up the said stream.

Sect, 4. Beit farther enacted, That if the purchaser or purchasers,
manager or managers of the said privilege, shall, when in his or their

98 LAWS RELATING TO

power, neglect or refuse to supply any person or persons with said
fish, when green, in any quantitj- not exceeding one hundred to any
one person who maj' apply therefor, at such rates as shall be deter-
mined b}' the said town, not exceeding twenty-five cents for one hun-
dred of said fish, he or they so offending shall forfeit and pay the sum
of one dollar ; and if any person or persons shall ask, demand and
receive more than twenty- five cents for one hundred of said fish, and
in that proportion for a less number, at the place of taking said fish,
he or the}' so offending shall, for each offence, forfeit and pay the sum
of one dollar.

Sect. 5. Be it further enacted, That it shall be the duty of the
said committee to prosecute all breaches of this act, and for any two
of them to seize and detain la their custod\', an}' net which may be
found in the hands of any person using the same contrary to the true
intent and meaning of this act, until the person so offending makes
satisfaction for his offence, or is legally acquitted therefrom ; and also
to seize to the use of the said town, all such fish as the}' shall suspect
to have been taken contrary to the provisions of tliis act, unless the
person or persons in possession thereof can give satisfactory evidence
to such committee that said fish were lawfully taken.

Sect, 6. Be it further enacted, That all penalties incurred by any
breach of this act, shall be recovered by an action on the case before
any justice of the peace within and for the county of Essex, allowing
an appeal to the court of common pleas for the same county ; and all
sums of money recovered as forfeited by this act, shall be for the sup-
ix)rt of the poor of the said town ; and no person, by reason of his
being one of the said committee, or an inhabitant of the said town,
shall thereby be disqualified from being a witness in any prosecution
for a breach of this act.

Sect. 7. Be it further enacted, That the fish-committee, or the
major part of them, are hereby authorized to give liberty to any
owner of any grist-mill standing on either of the aforesaid streams,
to close the fish-ways, or either of them, after the first day of June
annually, if they, or the major part of them, shall judge said fish have
done passing up.

Sect. 8. Be it farther enacted. That all laws heretofore made,
relative to taking alewives in the aforesaid streams in said Topsfield,
and relating to closing the fish-ways after the first day of June annu-
ally, are hereby repealed. — [February 9, 1803.

An Act regulating the Taking the Fish called Alewives, in the several Streams empty-
ing into Merrimack River, in the town of Haverhill.

Sp. Laws, vol 3, p. 54. Sect. 1. Be it enacted, That it may and
shall be lawful for the inhabitants of the said town of Haverhill, from

INLAND FISHERIES. 99

time to time, at their aniui:il meeting in the month of March or April, to
choose, by ballot, a comuiittce of freeholders in said town, whose duty
it shall be to determine and order by whom and in what place or
places the said fish may be taken in the several streams emptying
into the Merrimack River, within the town aforesaid ; and shall cause
a copy of such order, signed by said committee, or any two of them,
to be posted up in some public place in said town. And any person
who shall violate such order, upon conviction thereof shall forfeit and
pa}' a sum not exceeding five dollars nor less than two dollars :
2)rovided, the quantity of fish so taken be less than one barrel. But
for every barrel of fish so taken contrary to this law, any person con-
victed thertof shall forfeit and pny the sum of seven dollars, to be
recovered before any justice of the peace in the county of Essex
before whom the complaint shall be made.

Sect. 2. Be it further enacted,, That the committee aforesaid, or
the major part of them, are hereby authorized and empowered to open
such sluice or passage-ways through or round any dams erected, or
that shall be erected across said streams, as they shall judge necessary
for the free passage of said fish, and to remove lumber and every other
obstruction to the free passage of said fish ; to erect racks or wooden
frames, as they shall judge necessarj-, in said streams through which
said fish pass, they being restricted in such opening and clearing to
do the same as little to the damage of the owner or owners as ma}^ be ;
and such passage so opened by the committee aforesaid, shall continue
open, if the}- judge it necessary, from the tenth day of April to the
last day of May annually. And if an}' person or persons shall un-
lawfully obstruct the passage or passages for said fish, remove or
injure any rack or racks that shall be erected by said committee on
said streams, such person or persons so offending, upon conviction
thereof, shall forfeit and pay a sum not exceeding one hundred dollars
nor less than forty dollars, to be recovered in any court proper to try
the same.

Sect. 3. Be it further enacted, That it shall and may be lawful
for any of said committee, or their assistants, while in the execution
of their office, to go upon the land adjoining to said streams without
being considered as trespassers ; and any person or persons who shall
attempt to hinder or molest said committee, or either of them, in the
execution of their office, shall forfeit and pay a sum not exceeding
twenty dollars, nor less than ten dollars, to be recovered in any court
proper to try the same.

Sect. 4. Be it further enacted, That the said committee be and
hereby are authorized and directed to distribute, or cause to be dis-
tributed, the fish that may be taken by them, or any person or persons
under them, as equally as circumstances will admit, to such persons

100 LAWS RELATING TO

as appl}^ for the same ; and for the fish so supplied, the committee
aforesaid, or their agent or agents, shall demand a sum not exceeding
twenty-five cents for each hundred of said fish so delivered, excepting
of certain poor persons of said town of Haverhill, who in the opinion
of the selectmen of said town, are unable to pa\' for the same, and
such persons shall be supplied, gratis, with such quantities, as the
said committee sliall judge expedient. And the said committee shall
on the first town-meeting after the month of May annually, exhibit an
account of all the fish disposed of by them, and the balance, if any
remains, after paying them a reasonable compensation for their ser-
vices, shall be paid into the treasury of said town, for the benefit
thereof.

Sect. 5. Be it further enacted, That the committee so chosen
shall, before the^' enter upon the duties of their office, be sworn faith-
fully to discharge the duties required of them by said town, agreeable
to this act.

Sect. 6. Be it further enacted, That any of the inhabitants of said
town of Haverhill, not concerned in violating this act, may be admit-
ted as witnesses in any action that may be brought for any penalties
aforesaid, they being inhabitants of said town notwithstanding.

Sect, 7. Be it further enacted, That no person or persons shall,
after passing this act, be allowed to catch salmon, shad or alewives,
or drag any seine, or set any net, pot or other machine, for the pur-
pose of taking or catching said fish, or any otherwise obstruct said
fish in their passage within thirty rods below, or twenty rods above
the mouth of any streams in the town of Haverhill, emptying into
Merrimack River, where said fish usually pass up, on penalty of
thirteen dollars, to be recovered before any court proper to try the
same ; and the seine, net. pot or other machine, so used to be forfeited.

Sect. 8. Be it further enacted. That the times and manner pre-
scribed for taking said fish in an act passed March 4th, 1790, entitled
" An Act to regulate the catching of salmon, shad and alewives, and
to prevent obstructions in Merrimack River, and in the other rivers
and streams running into the same, within this Commonwealth ; and
for repealing several acts heretofore made for that purpose," shall be
observed as the times and manner for taking said fish in the said
streams in the town of Haverhill ; and if any person shall take any of
said fish at any other time or in any other manner than is prescribed
in the act last recited, he shall, for each offence, be subject to such
penalty as is provided in the said act for the same offence, to be ap-
propriated in the same manner as the other forfeitures in this act.

Sect. 9. Be it further enacted, That if any person is found at-
tempting to take any of said fish at any time or place, otherwise than
is provided by this act, or if any of said fish shall be found in the

INLAND FISHERIES. 101

possession of an}' person, such person or persons shall be deemed to
liavc taken them unlawfully, and shall be subject to the penalties by
this act prescribed, unless he or they shall make it appear upon trial
that the}' came b}' said fish lawfully.

Sect. 10. Be it further enacted. That all fines and forfeitures in-
curred b}' breach of this act, shall enure, one moiety thereof to him
or them who shall complain or make information of the same, and the
other moiet}' to the said town of Haverhill. — [February 9, 1803.

[Sp. Laws, vol. 3, p. 43.]

An Act to regulate the taking of the Fish called Alewives in Johnston's Brook, so
called, emptj'ing into Merrimack River, in the Town of Bradford, and for clearing
the passage-way of said fish, from said Merrimack River to Johnston's Pond, and
from thence to Little Pond, so called.

Sp. Laws, vol. 3, p. 73. Sect. 1. Be it enacted. That from and after
the passing of this act, the said fish may be taken between where the
said Johnston's Brook crosses the road, near Benjamin Morse's and
Carlton's grist-mill dam, and in no other place in said brook or passage-
wa}' from Merrimack River to Little Pond, so called, and on such
da3's onl}' as are allowed by law for catching fish in Merrimack River ;
and on such of those days, and in such place or places within those
limits, as a committee who may be appointed by the town, as is here-
inafter provided, may direct.

Sect. 2. Be it further enacted, That the inhabitants of the town of
Bradford, at their meeting for the choice of town officers in March or
April annually, be and they are hereby authorized and empowered to
choose b}' ballot, three or five persons, being freeholders in said town,
a committee to oversee the taking of the said fish as aforesaid ; which
committee shall be sworn to the faithful discharge of their trust, and
shall distribute the fish taken by them, or under their direction, as
equally' as circumstances will admit, to such of the inhabitants of the
said town, or other persons, as may apply for the same ; and for fish
so supplied and delivered, the committee aforesaid shall demand and
receive of the person or persons applying therefor payment, at such
rate or rates as the inhabitants of said town at their annual meeting
in March or April may direct ; excepting of such poor persons as
shall be named in a list to be annually made out by the selectmen of
the town, and who, in the opinion of said selectmen, are unable to
pay for the same ; which list shall be given to the committee, and the
person or persons borne on said list shall be supplied with such quan-
tities of said fish gratis as the committee think expedient ; and the
committee aforesaid shall have such allowance fur their services as
the inhabitants of said town, in open town meeting, may determine ;
and shall annually, in the month of September ne.^t after their
appointment, exhibit their accounts to the selectmen for settlement,

102 LAWS RELATING TO

and pay the balance, if any there is, into the town treasury, for the
benefit of said town.

Sect, 3. Be it farther enacted., Tliat the committee to be chosen as
aforesaid, or the major part of them, be and they are hereb}^ author-
ized to clear any obstructions, or open any dam, or the sluice of any
mill or other water-works that is or may be erected on or over said
brook or passage-wa3% at the expense of the owner or owners of such
dam or sluice-wa}' : provided., such owner or owners shall neglect to
open the same when thereto required by said committee, or the major
part of them, as aforesaid ; and the dam or sluice-way so opened shall
continue to such width and depth, and for such length of time (not
exceeding sixty days in one year), as said committee, or the major
part of them, may think necessar3% with the least possible damage to
the proprietor or proprietors of such mill or water- works ; and if any
person or persons shall obstruct the passage-ways allowed or ordered
by the said committee, or the major part of them, in an}' dam or
sluice-way, or shall obstruct the passage of the said fish in an\- other
part of said brook or passage-wa}' than is permitted b}' this act, such
person or persons so oflfending shall forfeit and pay a sura not
exceeding one hundred and fiftj' dollars, nor less than thirty dollars.

Sect. 4. Be it further enacted., That if any person or persons other
than the committee, or such person or persons as shall be by them
employed, shall take an}' of said fish in said brook or passage-wa}', or
any part of it, at any time or b}' any waj's or means whatsoever, each
person so offending shall forfeit and pay a sura not exceeding seven
dollars, nor less than four dollars for each oflTence.

Sect. 5. Be it further enacted^ That the committee chosen as
aforesaid, or either of them, or any person employed b}- them, shall
have authority', for the purposes aforesaid, to go on the land or
meadow of any person through which such brook or passage-way
passes, without being considered as trespassers ; and any person who
shall molest or hinder said committee, or any of them, or any person
employed b}' them, in the execution of their duty, shall be subject to
the same penalties as b}^ this act is incurred for placing obstructions
on said brook or passage-way.

Sect. 6. Be it further enacted, That if the committee or either of
them shall detect an}' person or persons in attempting to take any of
said fish, at any time or place, or in any manner otherwise than is
allowed by the said committee, or shall find any such fish with any
such person or persons, they shall be deemed and considered to have
taken such fish unlawfully, and shall be subject to the penalties of
this act accordingly, unless such person or persons can make it appear
(on trial) that they came by said fish in some other wa}'.
Sect. 7. Be it further enacted, That if any minor or servant shall

INLAND FISHERIES. 103

be found taking an}' of said fish in anj'wise contrary to this act, or
contrary to the rules and regulations of said town of Bradford, or
their committee as aforesaid, the parents, guardians or masters of
such minors or servants shall be held to pay all fines incurred by
them for anj' breach of this act or the rules and orders of the town
aforesaid.

Sect. 8. Be it farther enacted. That it shall be the duty of the
committee of the town, chosen as aforesaid, and of the selectmen, to
prosecute for any breach of this act, and all prosecutions on this
act shall be brought in the name of the town treasurer for the time
being, and all fines or forfeitures recovered thereby shall accrue one
moiety to the complainant and the other moiety to the use of the
town.

Sect. 9. Be it further enacted, That no person shall be consi<lered
as disqualified from being a witness on any trial that may be had pur-
suant to this act, on account of his belonging to the town of Bradford.
— [February 12, 1803.

[Sp. Laws, vol. 1, 290.]

An Act in addition to the several Laws heretofore made for the Preservation of the
Fish called Alewivcs, in Mattapoisset River, in Rochester, in the County of Plymouth,
and for regulating the Taking said Fish in said River.

Sp. Laws, vol. 3, p. 91. Sect. 1. Be it enacted, That if any per-
son shall take any of said fish in said river, or in the brook running
out of Litttle Long Pond, so called, into Snipticit Pond, in said
Rochester, excepting the purchaser or purchasers of the exclusive
right of taking said fish in said river, according to the laws now in
force with regard to said river, and those who are employed by said
purchaser or purchasers of said privilege, shall forfeit and pay four-
teen dollars for each oflfence, to be recovered in the same manner and to
the same uses as are already provided in the laws now in force with
regard to said river.

Sect. 2. Be it farther enacted, That if any purchaser of said
privilege, or any person employed by such purchaser or purchasers,
shall take any of said fish in said river, or in said brook, at any other
place or on any other day than the places or days contained in such
privilege, such purchaser or person shall for each such offence forfeit
and pay the sum of fourteen dollars, to be recovered as aforesaid,
for the uses aforesaid.

Sect. 3. Be it further enacted, That the owners of dams on said
river shall continue their sluice-ways open, when opened by the
selectmen, until the twenty-fifth day of May annually, under the same
penalty as is provided in said laws for not keeping them open until
the twentieth day of May.

104 LAWS RELATING TO

Sect. 4. Be it farther enacted^ That tlie selectmen of the said
town of Rochester are hereby* authorized to open, in each and every
dam in said river, wherever they may thiiik proper, sufficient passages
for the 3'ouug fish to pass down said river ; and if any person shall
obstruct any such passage so opened as aforesaid, without the consent
of the sslectmen, shall for each otfence forfeit and pay the sum of
fourteen dollars, to be recovered as in said law provided for taking
fish contrary to law, and for the same use. — [February' 16, 1803.

[Sp. Laws, vol. 1, p. 512.]

An Act to enable the Town of Medford to dispose of the Privilege of Taking Fish
called Shad and Alewives, in Mistick River, within the limits of said Town, and to
regulate the same.

Sp. Laws, vol. 3, p. 98. Sect. 1. Be it enacted, That it shall and
may be lawful for the town of Medford, in the county of Middlesex, an-
nually, at any legal meeting of the inhabitants of said town, to sell or
otherwise dispose of the privilege of taking fish in Mistick River, within
the limits of said town, so far as said town bounds on both sides of
said river, at such times only as is already provided by the law to
prevent the destruction of shad and alewives in said river ; and the
emolument arising from said privilege shall be appropriated by said
town to such purposes and uses as the inhabitants thereof shall in
town meeting from time to time determine.

Sect 2. Be it farther enacted, That if the purchaser or pur-
chasers, manager or managers, or those emploj^ed by them, shall
presume to take any of said fish at any other place in said town than
shall be b}- said town determined, and if any other person or persons
whatever, except the purchaser or purchasers, manager or managers
of said privilege, or those employed by them, shall presume to take
or catch any of the said fish in Mistick River, within the town of
Medford, otherwise than may be by said town determined, he or they
so offending shall for each offence forfeit and pa}' a sum not exceed-
ing thirteen dollars nor less than two dollars, at the discretion of the
justice before whom the same shall be tried.

Sect. 3. Be it further enacted. That the said town of Medford
shall, at their annual meeting in March or April, choose a committee,
not exceeding seven nor less than three freeholders of said town, who
shall be sworn to the faitliful discharge of their duty, enjoined upon
them b}' this act, and also the act to prevent the destruction of shad
and alewives in Mistick River, within the towns of Cambridge,
Charlestown and Medford ; and it shall be the duty of said committee
to cause the natural course of said river to be kept open and without
obstruction during the whole time said fish pass up or down said
river, and remove any such as may be found therein ; and the said

INLAND FISHERIES. 105

committee, or any two of them, paying a reasonable compensation
therefor, if demanded, shall have authority in discharging the duties
enjoined upon them by this act, to go on the lands of any person
bounding on said river, without being considered trespassers ; and
any person who shall molest or hinder said committee, or eitlier of
them, in the execution of their dut}', he or they so offending shall
forfeit and pa}' for every such offence a sum not exceeding ten dollars
nor less than two dollars, at the discretion of the justice before whom
the same shall be tried.

Sect. 4. Be it further enacted. That it shall be the duty of the
said committee to prosecute all breaches of this act, and for any two
of them to seize and detain in their custody any net or seine which
may be found in the hands of any person using the same contrary
to the true intent and meaning of this act, until the person so offend-
ing make satisfaction for his offence, or is legally acquitted there-
from ; and also to seize, to the use of the town, all such fish as they
shall suspect to have been taken contrary to the provisions of this
act, unless the person in possession thereof can give satisfactory
evidence to such committee that said fish were lawfully taken.

Sect. 5. Be it further enacted, That the penalties incurred by any
breach of this act shall be recovered by an action on the case, before
any justice of the peace within said county, allowing an appeal to
the court of common pleas of said county ; and all sums of money
recovered as forfeited bj- this act, shall be for the support of the
poor of said town ; and no person by reason of his being one of the
said committee, shall be thereby disqualified from being a witness in
any prosecution for a breach of this act. — [February 21, 1803.

[Amended 1879, 65.]

[Sp. Laws, vol. 2, p. 436.]

Ax Act in addition to an Act entitled an Act to regulate the Alewive Fishery in the
Brook running out of Wakepee Pond, into the Sea, in the Indian Plantation called
Marshpee, in the County of Barnstable, passed June the thirteenth, A. D. 1801.

Sp. Laws, vol. 3, p. 111. Whereas the provision in the first
section of the above recited act, designating the time for the pas-
sage-wa^-s to be opened for said fish to pass and repass is found
inconvenient : therefore.

Sect. 1. Be it enacted. That from and after the passing of this
act, the time for the passage-wa}' or ways to be kept open for the
said fish to pass and repass through an}- mill-dam or dams mentioned
in said act, shall be from the twentieth day of April to the fifteenth
day of June annually, instead from the first day of April to the
twenty-fifth of May.

Sect. 2. Be it further enacted, That any person or persons who
shall take anj' such fish in the brook aforesaid, without permission

106 LAWS RELATING TO

from the person or persons that shall be appointed b}^ the said board
of overseers, as in said act is provided, shall, for every such offence,
forfeit and pay one dollar for ever}' hundred of fish so taken ; so in
proportion for a greater or lesser quantity ; to be recovered and ap-
plied in manner provided by the fourth section of the above-recited
act ; anything in the above-i'ecited act to the contrary notwithstand-
ing.—[February 22, 1803.

1804.

An Act to regulate the taking of Alewives within the Town of Boxford, and for other

Purposes therein mentioned.

Sp. Laws, vol 3, p. 365. Sect. 1. Be it enacted, That it shall and
may be lawful for the town of Boxford to take alewives within the limits
of said town, in the streams leading from Rush Pond, Little Pond, and
Johnson's Pond to Merrimack River, on such days as are allowed by
law for taking said fish in Merrimack River and streams emptying
into the same ; and on such of those days, and in such place or places
within their limits, as the town, or a committee who may be appointed
as by this act is provided, may direct.

Sect. 2. Be it further enacted, That the inhabitants of the town
of Boxford, at their meeting for the choice of town officers, in March
or April annually, be and they are hereb}- authorized and empowered
to choose, by ballot, not less than three nor more than seven persons,
being freeholders in said town, a cjmmittee to direct and oversee
the taking the said fish as aforesaid ; which committee shall be sworn
to the faithful discharge of their trust, and shall distribute the fish
taken by them or under their direction, as equally as circumstances
will admit, to such of the inhal)itants of said town or other persons as
ma^' appl}' for the same. And for fish so supplied and delivered, the
committee aforesaid shall dema.id and receive of the person or per-
sons applying therefor, p33'ment at such rate or rates as the inhab-
itants of said town at their annual meeting in March or April, may
direct ; excepting of such poor persons which shall be named in a list
to be annually made out b}' the selectmen of the town, and who in
the opinion of the selectmen are unable to pay for the same ; which
list shall be given to the committee, and the person or persons borne
on said list shall be supplied with such quantities of said fish gratis,
as the committee may consider expedient. And the committee afore-
said shall have such allowance for their services as the inhabitants of
said town, in open town meeting ma^' determine ; and shall annuall}',
in the month of September next after their appointment, exhibit their
accounts to the selectmen for settlement, and pay the balance, if an}'
remains, into the town treasury, for the beneGt of said town.

Sect. 3. Be it further enacted. That the town of Boxford may

INLAND FISHERIES. 107

erect and keep in repair a dam, sluice and gate-wa^', in the stream
below Rush Pond, and raise the water in said pond six inches above
the usual height, from the first da}' of June to the first day of Decem-
ber annually, or for such part of that time as shall by the committee
aforesaid be considered necessary to facilitate the passing of the fish,
at the time of their going down the stream to Johnson's Pond. And
if any person shall in any way destroy or injure the said dam, sluice
and gate-way as aforesaid, or shall open the same so as to draw off
the water from said pond, otherwise than shall be done b>' the com-
mittee aforesaid, or by their direction, such person so offending shall
forfeit and pay for ever}' such offence a sum not exceeding one hun-
dred and fifty dollars nor less than thirty dollars.

Sect. 4. Be it further enacted. That the committee to be cbosen
as aforesaid, or the major part of them, be and they are hereby
authorized to clear any obstructions, and to open the natural course
of said streams, by making them wider and deeper, or to open any
dam, or the sluice-way of any mill or other water-works, that is or
may be erected over said streams or passage-ways : provided, such
owner or owners shall neglect to open the same when thereto required
bj' said committee, or the major part of them as aforesaid ; and the
dam or sluice-way so opened shall continue open to such width and
depth, and for such length of time (not exceeding sixt}' days in one
year) as said committee, or the major part of them, ma}' think neces-
sary, with the least possible damage to the proprietor or proprietors of
such mill or water-works ; and if any person or persons shall obstruct
the passage-ways allowed and ordered by said committee, or the
major part of them, or shall obstruct the passage of said fish in any
other parts of said streams or passage-ways than is permitted by this
act, such person or persons so offending shall forfeit and pay a sura
not exceeding one hundred and fifty dollars, nor less than thirty dol-
lars.

Sect. 5. Be it further enicted. That if any person or persons, other
than the committee, or such person or persons as shall be by them
employed, shall take any of said fish in said streams or passage-ways,
or any part thereof, at any time, or by any way or means whatsoever,
each person so offending shall forfeit and pay a sum not exceeding
seven dollars, nor less than four dollars for each offence.

Sect. 6. Be it further enacted, That the committee chosen as afore-
said, or either of them, or any person employed by them, paying a
reasonable compensation therefor, if demanded, shall have authority,
for the purposes aforesaid, to go on the land or meadow of any per-
son through which such streams or passage-ways pass, without being
considered as trespassers ; and any person who shall molest or hinder
said committee, or any of them, or any person employed by them, in

108 LAWS RELATING TO

tbe execution of their duty, shall be subject to the same penalties as
by this act Is incurred for placing obstructions on said streams and
passage-ways.

Sect. 7. Be it further enacted, That if the committee or either of them
shall detect any person or persons in attempting to take any of said
fish at anj-time and place, or in anj' manner, otherwise than is allowed
b}' said committee, or shall find any such fish with anj^ person or per-
sons, they shall be considered and deemed to have taken such fish
unlawfull}', and shall be subject to the penalties of this act accordingly,
unless such person or persons can make it appear, on trial, thej' came
b}' said fish in some other wa}'.

Sect. 8. Be it farther enacted, That if anj- minor or servant shall
be found taking any of said fish, in any way contrary to this act, or
contrary to the rules and regulations of the said town of Bosford, or
their committee as aforesaid, the parents, masters or guardians of
such servants or minors shall be held to pay all fines incurred by tliem
for any breach of this act, or the rules and orders of the town afore-
said.

Sect. 9. Be it further enacted, That it shall be the duty of the
committee of the town, chosen as aforesaid, to prosecute for any
breach of this act ; and all prosecutions shall be brought in the name
of the town treasurer for the time being, by an action on the case, in
an}' court proper to try the same ; and all fines or forfeitures recovered
thereb}' sliall accrue, one-half thereof to the complainant, and the other
half to the use of the town ; and no person, by reason of his being one
of the said committee or an inhabitant of said town, shall thereby be
disqualified from being a witness in any prosecution for a breach of
this act.— [March 3, 1804.

An Act to preserve and regulate the Fisliery in the towns of Rehoboth and Swanzey,
in the County of Bristol, and for repealing an Act entitled " An Act to prevent the
Destruction of the Fish called Shad and Alewives, in their passage up the Rivers and
Streams in the town of Rehoboth, in the county of Bristol," passed June 27, 1786.

Sp. Laws, vol. 3, p. 378. Sect. 1. Beit enacted. That from and
after the passing of this act there shall not be an}' seine or drag-net set or
drawn at anj' time in Palmer's River, in said Rehoboth ; and that no
seine or drag-net shall be set or drawn in said river within the town
of Swanze}-, between the first day of April and the twentieth da}^ of
June annually, only on Monday, Tuesday and Wednesday, between
the rising of the sun and the setting of the same on each of said da^'s.

Sect. 2. Be it farther enacted, That if anj' person or persons shall
at any time draw or set any seine or drag-net in said Palmer's River,
in said town of Rehoboth, or shall draw or set an}' seine or drag-net
in said river in said town of Swanzey, between the first day of April
and the twentieth day of June annually, except as abovesaid on

INLAND FISHERIES. 109

Monday, Tuesda\' and Wednesday, between the rising and setting of
the sun on each of said days, he or they so offending shall forfeit and
pa}- a fine of seven dollars for each and every offence.

Sect. 3. Be it further enacted, That no fish shall be taken in said
river, or in any brook or branch of said river, either in the said town
of Rehoboth or Swanzey, with scoop-nets, only on Monday, Tiiesda}'
and Wednesday nights, between the setting of the sun and the rising
of the same on each day ; and that no wears shall be built in said
river, up stream, from the south-west corner of a lot of land on the
west side of said river, in said Rehoboth, belonging to Capt. Daniel
Davis, adjoining to Capt. Samuel Bullock's land ; and that there shall
be no driving said river, or brooks with poles or otherwise ; and that
no fish be taken in said Palmer's River, within two rods of the bridge
over the same near Philip Miller's, nor within five rods of the place
where the brook that runs out of the pond near Richard Perse's enters
said river.

Sect. 4. Be it farther enacted, That no wears be made in Runins*
River, in said Rehoboth, in any year, until after the first day of June ;
and that no fish be taken in said Runins' River, within one rod of any
bridge over said river ; and that no fish be taken in said Runins' River,
only on Monday, Tuesday, Wednesday and Thursday nights, between
the setting of the sun and the rising of the same on each day ; and
that no fish be taken in said river, north of the south line of Joseph
West's land, on said river ; and that there be no driving of fish in
said river with poles or otherwise.

Sect. 5. Be it further enacted, That if any person shall make any
wear or take any fish in either of said rivers or brooks, at any other
time or in any other place than is allowed by this act, or shall at any
time drive the fish in either of said rivers or brooks, with poles or
otherwise, each person so offending shall pay a fine not exceeding four
dollars nor less than two dollars for each offence.

Sect. 6. Be it further enacted. That all the penalties incurred by
a breach of this act, may be sued for and recovered before any justice
of the peace in the county of Bristol ; and all sums so recovered as
forfeited by this act, shall be appropriated, one moiet}' thereof to the
prosecutor and the other moiety for the use of the town in which the
forfeiture shall happen.

Sect. 7. Be it further enacted, That the aforesaid act, entitled
"An Act to prevent the destruction of the fish called shad and ale-
wives in their passage-way up the rivers and streams in the town of
Rehoboth, in the county of Bristol," be and it is hereby repealed. —

[March 6, 1804.

[1819, 11 ; 1820, 51 ; 1836, 130.]

110 LAWS RELATING TO

[Sp. Laws, vol. 2, p. 504.]

An Act in addition to " An Act to regulate the Alewive Fishery in the towns of L)-nn ,
Lynnficld and Reading, in tlie counties of Essex and Middlesex, and for repealing all
Laws heretofore made for that purpose."

Sp. Laws, vol. 3, p. 398. Sect. 1. Be it enacted, That the com.
mittees chosen and appointed as required by the fourth section of
the act to which this is an addition, shall cause the natural t;ourse
of the rivers, passage-ways or streams through which the fish men-
tioned in said act shall or ma}' pass, to be opened in each j'ear on the
tenth day of April.

Sect. 2. Be it further enacted, That no person or persons, author-
ized by the act to which this is in addition to take fish in any river,
stream or passage-ways, as in said act is mentioned, shall take any
fish as aforesaid except on Mondays, Tuesdays and Wednesdaj'S in
each week; anything in the said act to the contrarj' notwithstanding.

Sect. 3. Be it farther enacted^ That if an}' person or persons shall
extend an}' wear or other obstruction across said river, stream or
passage-way, or shall extend, fasten and confine any seine across the
same, the person or persons so oflTending shall be subject and liable to,
and shall forfeit and pay such sura as is provided in the second section
of the act to which this is in addition, to be recovered and appropri-
ated as in said act is described. — [March 8, 1804.

[Sp. Laws, vol. 2, p. 431.]

An Act in addition to and repealing the fourth Section of an Act entitled " An Act for
providing a Passage for Fish from Mystic River to Ell Fond, in the town of Maiden."

Sp. Laws, vol. 3, p. 399. Sect. 1. Be it enacted. That it shall
not be lawful to take shad or alewives in Ell Pond, in the town of
Maiden, or in any part of the stream running therefrom into Mystic
River ; and any person oflTending herein shall for each offence forfeit
and pay a sum of not more than twenty dollars nor less than five dol-
ars, to be recovered by an action of debt before any court proper to
try the same, one half to the use of the town of Maiden, the other half
to the use of him or them who may sue therefor.

Sect. 2. Be it further enacted. That Samuel Tufts, mentioned in
the act to which this is in addition, from the fifteenth day of April to
the fifteenth day of May annually, shall not draw oflf the water from
the said stream so as to reduce the same below the passage-way men-
tioned in said act, unless by license from the fish committee appointed
by said town of Maiden ; and if by virtue of such license the said
Samuel Tufts, or any other person, shall reduce the water below the
said passage-way, the person who shall so reduce the water shall be
held to make and keep open some other passage-way for said fish, to
the acceptance of the committee aforesaid ; and if there shall be at any

INLAND FISHERIES. Ill

time more than one mill on the said stream, the owners thereof shall
be held to make and keep open during the term aforesaid, a passage-
way by each mill, and the committee shall have power to determine
the sufficiency of such passage-way, and also to regulate the time of
grinding for each mill, so that the time allowed to all the mills may
be equal to thirty days' grinding of one mill from the fifteenth day of
April to the fifteenth day of May annually' ; and an}' person offending
against either of the provisions of this section, shall forfeit and pay
not more than twenty- dollars nor less than ten dollars, to be recovered
by an action of debt before any court proper to try the same, one half
to the use of the town of Maiden, the other half to him or them who
may sue therefor.

Sect. 3. Be it further enacted, That the fourth section of the act
to which this is in addition be and the same is hereby repealed ; and
this act is to continue and be in force until the expiration of the said
act, and no longer. — [March 9, 1804.

An Act for the preservation and to regulate the Taking of the Fish called Shad and
Alewives, in the Stream called Miles River, in Wenham, Hamilton and Ipswich, in
the County of Essex.

Sp. Laws, vol. 3, p. 431. Sect. 1. Be it enacted. That the
several towns of Wenham, Hamilton and Ipswich shall, at their an-
nual meeting for the choice of officers, respectively choose annually
a committee of three persons in each town, whose duty it shall be,
in the months of March or April annually, to sell at public vendue
the privilege of taking said fish in such places and in such manner as
a majority of the said committee shall agree upon, in said towns of
Wenham, Hamilton and Ipswich, in said Miles River, on Mondays,
Wednesdays and Fridays in each week, for so long a time in each
3'ear as said committee shall agree upon ; and said committee, before
they enter on the execution of their office, shall be sworn to the
faithful and impartial discharge of their duty in the same manner as
other town officers are ; and the net proceeds of said sale shall be
equally divided between the said three towns.

Sect. 2. Be it further enacted, That the committee of the town of
Wenham the first year, the committee of the town of Hamilton the
second 3'ear, and the committee of the town of Ipswich the third
j-ear, and so on in rotation forever hereafter, shall notify the town
clerks of the other towns concerned in said fishing, of the time and
place in which said committee shall meet, said notice to be served ten
days at least before the time of meeting ; at which and all subsequent
meetings, the majority present shall have the authorit}' of the whole
committees ; and said committee shall give due notice in each of said
towns, of the time and place, and the sale of said right of catching

112 LAWS EELATING TO

said fish ; and at the vendue shall publish the conditions in writing,
expressing the manner of taking as well as the length of time in each
year.

Sect. 3. Be it further enacted, That all persons, except the pur-
chaser or purchasers, or those employed by them, who shall take any
of said fish in said Miles River, to the margin of Wenham Pond,
shall pay a sum not exceeding thirteen nor less than five dollars for
each offence.

Sect. 4. Be it farther enacted. That if either of said towns shall
neglect to choose their proportion of said committee, as is required by
this act, or if such committee, when chosen, whose duty it shall be to
notify the clerks of the other towns of the proposed time for the
whole committee to meet as aforesaid, shall neglect to give such
notice as aforesaid, the town so neglecting, or whose committee shall
so neglect, shall forfeit all right to fishing in said river for the current
year.

Sect. 5. Be it further enacted, That the owner or occupier of any
dam on said river, shall annually, betwixt the tenth day of April and
the tenth day of June following, for such term and in such manner as
said committees shall direct, open a suflBcient sluice-way or passage
for said fish ; and the ovvner or occupier of such dam, who shall
neglect, after proper notice from said committee, to open or continue
open as aforesaid, a sluice-way, shall forfeit and pay a sum not
exceeding one hundred dollars, nor less than fifty dollars ; and if any
person shall make any wear or other obstruction to the passage of
said fish, or shall make use of any seine in said river (except as shall
be allowed by said committee to any purchaser of the right of taking
fish in said river), the person so offendiug shall forfeit and pay the
sum of thirteen dollars.

Sect. 6. Be it farther enacted, That each of the treasurers of the
aforesaid towns, for the time being, are hereby authorized upon the
complaint of the committee aforesaid, to sue for any forfeiture
incurred by the breach of any of the regulations provided in this act,
and also for the breach of such farther regulations as may from time
to time be provided by the committee aforesaid. And all sums and
forfeitures recovered for any breaches aforesaid shall, with the pro-
ceeds of said fishing, be equally divided between the aforesaid towns ;
and the said treasurers, or either of them, recover the said penalties,
or any of them, in an action of the case, before any court proper to
try the same.

Sect. 7. Be it further enacted , That the purchaser or purchasers
of the right of taking said fish shall, at all times, deliver to the poor
of the several towns aforesaid, such number of fish taken as afore-
said, gratis, as the committee shall order and direct, and shall in all

INLAND FISHEKIES. 113

respects conform to such regulations as said committee shall publish
in their conditions of sale ; and for each offence in breaking said regu-
lations, shall forfeit and pay a sum not more than fifty dollars, nor
less than twenty dollars.

Sect. 8. Be it further enacted, That the committee chosen as
aforesaid, or either of them, or any person emploj'ed by them, shall
haA'e authority, for the purposes aforesaid, to go on land or meadow
of any person through which such river or passage-wa^' passes, with-
out being considered trespassers ; and any person who shall molest
or hinder said committee, or any of them, or any person employed by
them in the execution of their duty, shall be subject to the same penal-
ties as by this act is incurred for placing obstructions on said river.

Sect. 9. Be it further enacted, That every part and clause of the
several laws, made for regulating the taking of shad and alewives in
Ipswich River and the branches thereof, and for preserving the same,
shall cease to operate or have any effect on Miles River and Wenham
Pond aforesaid. — [March 9, 1804.

[1814, 22.]

[Sp. Laws, vol. 1, p. 272.]

An Act in addition to an Act entitled " An Act to regulate the Catching Salmon, Shad
and Alewives, and to prevent Obstructions in Merrimack River, and in the other
Rivers and Streams running into the same, within this Commonwealth ; and for
repealing several Acts heretofore made for that purpose."

Sp. Laws, vol. 3, p. 441. Sect. 1. Be it enacted, That as long
as there shall be upheld and maintained any mill or mills at the
mouth of Stoney Brook, so called, in the town of Chelmsford, in the
county of Middlesex, or there shall be erected or kept any dam or dams
across the said stream, for the working of such mill or mills, it shall
be the duty of the owner or occupant of any such mill, to cause to be
made and kept open a sluice or passage-way for fish to pass up and
down through the dam in the same part thereof, where the passage-
way now is, which sluice so to be kept open, shall not be more than
eighteen inches nor less than twelve inches in width, and such owner
or occupant shall be holden to keep the passage-way below the dam
in good repair, as the same is now constructed.

Sect. 2. Be it further enacted. That so long as the owner or
occupant of such mill or mills as aforesaid, shall cause to be made
and left open a sluice or passage-way through and over such dam as
aforesaid, of the form and dimensions aforesaid, for the free passage
of fish up and down the said brook, such proprietor or occupant shall
not be subject to any prosecution under or by virtue of the act to
which this is in addition, nor to any of the forfeitures and penalties
therein contained ; any law, usage or custom to the contrary notwith-
standing.

114 LAWS RELATING TO

Sect. 3. Be it further enacted., That this act shall continue and
be in force for the term of three 3'ears from the passing thereof, and
no longer. — [March 9, 1804.

1805.

An Act authorizing the Inhabitants of the Town of Newton, in the County of Middlesex,
to regulate the taking of Fish called Shad and Alewives within the limits of the said
Town.

Sp. Laws, vol. 3, p. 49-i. Sect. 1. Be it enacted, That from and
after the passing of this act, it shall be lawful for the inhabitants of said
town of Newton, to sell the right and regulate the times, places and man-
ner of taking said fish within the limits of said town, not exceeding
in point of time three da3's in a week ; and the inhabitants of said
town, at their annual meeting in March or April, are hereby author-
ized and empowered to appoint agents, whose dut}^ it shall be to carry
into execution the purposes of this act.

Sect. 2. Be it further enacted, That the agents aforesaid maj^ in
behalf of said town, and for their use and benefit, sell the right and
regulate the times, places and manner of taking said fish within the
town aforesaid ; and for the proceeds of said sale of right, said agents
shall be held to account with and paj^ to the said inhabitants, from
time to time in such mauner as the}' may direct or vote in said meet-
ings in March or April.

Sect. 3. Be it further enacted, That the said agents shall forth-
with, after establishing such rules and regulations, and determining
by whom said fish may be taken, cause a copy thereof, under their
hands, to be posted up in two or more public places within the said
town ; and if an}' person or persons, other than those to whom said
right shall be sold as aforesaid, shall take any of said fish called shad
and alewives within the town aforesaid, or if an}' person or persons to
whom said right shall be sold as aforesaid, shall take any of said fish
at any other time, in any other place, or in any other manner than
shall be expressed in the conditions of the sale to them, such person
or persons so offending, shall severally, for each and every offence,
forfeit and pay treble the value of said fish so taken, to be recovered
in an action on the case, to the use of any person who may sue for
the same. — [February 16, 1805.

[Sp. Laws, vol. 1, p. 191.]

An Act in addition to an Act entitled " An Act to prevent the Destruction of Alewives
and other Fish in Ipswich River, and to promote the increase of the same," passed
the twenty-eighth day of March, in the year of our Lord one thousand seven hun-
dred and eighty-eight.

Sp. Laws, vol. 3, p. 524. Whereas the provision in the first sec-
tion of the act entitled " An Act to prevent the destruction of Alewives
and other Fish in Ipswich River, and to promote the increase of the

INLAND FISHERIES. 115

same," passed the twenty-eighth da}' of March, in the 3ear of our Lord
one thousand seven hundred and eight3'-eight, designating the time
for the passage-ways to be opened for the fish to pass and repass, is
found inconvenient ; therefore,

Be it enacted, That from and after the passing of this act, the time
for the passage-way or ways to be kept open for said fish to pass and
repass through an}' mill-dam or dams now erected, or hereafter to be
erected, on that part of said Ipswich River which is below Flint's and
Meriam's mills, or any stream or streams running from any natural
pond into the same, shall be from the tenth day of April to the third
day of June annually ; anything in the above-mentioned act to the
contrary notwithstanding. — [March 11, 1805.

[Sp. Laws, vol. 1, p. 191.]
An Act in addition to and for repealing a certain Clause in an Act passed March
twentj'-eighth, in the year of our Lord one thousand seven hundred and eighty-eight,
entitled " An Act to prevent the Destruction of Alewives and other Fish in Ipswich
River, and to encourage the increase of the same."

1805, ch. 29. Sect. 1. Be it enacted, That the future using and
improving of Barnabas Dodge's saw-mill, standing on Ipswich River,
at Warner's mill-dam, so called, within the towns of Ipswich and
Hamilton, from the last day of April to the first day of June annually,
shall be under the directions, regulations and restrictions of the major
part of the selectmen of the towns of Ipswich, Hamilton, Topsfield,
Middleton and Reading, for the time being ; such directions, regula-
tions and restrictions being made in writing under the hands of the
major part of the selectmen aforesaid, and delivered to the said Dodge
from time to time as shall be found necessary.

Sect. 2. Be it further enacted, That for every omission or violation
of such directions, regulations or restrictions as aforesaid, the said
Dodge shall be subject to such penalties and forfeitures as are incurred
by an Act entitled "An Act to prevent the Destruction of Alewives and
other fish in Ipswich River, and to encourage the increase of the same,"
for using and improving said mill, within the term aforesaid ; to be sued
for, recovered and applied in manner as is prescribed in the said act.

Sect. 3. Be it further enacted. That the sixth clause of the afore-
mentioned act, so far as it respects the improving and using the said
Dodge's saw-mill, within the term therein mentioned, shall be and
hereby is repealed. — [February 11, 1806.

An Act authorizing the Inhabitants of the Town of Acton, in the County of Middle-
sex, to regulate the talfing of Fish called Shad and Alewives within the limits of
said Town. ,

1805, 43. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, it shall be lawful for the inhabitants of the town of
Acton, to sell the right and regulate the time, places and manner of

116 LAWS RELATING TO

taking shad and alewives within the limits of said town, not exceed-
ing in point of time three da^'s in a week ; and the inhabitants of
said town, at their annual meeting in March or April, are hereby-
authorized and empowered to appoint agents, whose duty it shall be
to carr}^ into execution the purposes of this act.

Sect. 2. Be it further enacted. That the agents aforesaid may, in
behalf of said town, and for their use and benefit, sell the right and
regulate the times, places and manner of taking said fish within the
town aforesaid ; and for the proceeds of the sale of said right, said
agents shall be held to account with and pa}' to the said inhabitants,
from time to time in such manner as they shall direct by vote in said
meetings in March or April.

Sect. 3. Be it farther enacted, That the said agents shall forth-
with, after establishing such rules and regulations, and determining
\)y whom said fish may be taken, cause a cop}' thereof, under their
hands, to be posted up in two or more public places within the said
towns ; and if an}' person or persons, other than those to whom said
right shall be sold as aforesaid, shall take any of the said fish within
the town aforesaid, or if any person or persons to whom said right
shall be sold as aforesaid, shall take an}' of said fish at any other
time, in any other place, or in any other manner than shall be ex-
pressed in the conditions of the sale to them, such person or persons,
so oflending, shall severalh', and for each and ever}' offence, forfeit
and pay treble the value of said fish so taken, to be recovered in an
action on the case, to the use of any -person who may sue for the
same. — [February 25, 1806.

[Sp. Laws, vol. 2, p. 117.]

An Act to remove and prevent Obstrnctions to the passage of Shad, Alewives and
other fish in Parker River and the Falls River, so called, in the County of Essex, and
the Streams and Brooks running into the said Falls River.

1805, 76. Sect. 1. Be it enacted, That all the owners or occu-
pants of any mill-dam, or other dam heretofore erected and made, or
that shall hereafter be made across the rivers, streams or brooks
aforesaid, shall, at their own expense, within six months after the
passing of this act, make a sufficient way round or through their
respective dams, for the passage of shad, alewives and other fish up
into the ponds connected with said rivers ; and shall at their own
expense keep open such passage-ways, from the fifteenth day of April
to the first day of June in every succeeding year ; and no owner or
occupant of any such mill-dam, shall at any time between the fifteenth
day of April and first day of June in every year, draw off the water
at his mill in such manner as not to leave the sluice-ways, which shall
be made as aforesaid, full of water ; and if any such sluice-way be

INLAND FISHERIES. 117

closer! or shut within the times aforesaid, the owner or occivpant of
the dain wlierc such shiice-wa}' is made, and also everj' such owner or
occupant who shall draw oft' the water at his mill, contrary to the
provisions of this act, shall forfeit and pa}- a sum not exceeding five
hundred nor less than one hundred dollars for each offence, to be
recovered b\' indictment before the court of common pleas in and for
said county of Essex ; one-half thereof to the use of the Common-
wealth, and the other to the use of the poor of the town where the
offence shall be committed.

Sect. 2. And whereas the petitioners for the removal of said
obstructions, and the parties interested in the several dams aforesaid
have mutually agreed that Aaron Hobart, Esquire, of Abington, be
appointed to repair to said dams, at the expense of the said peti-
tioners, and to determine the dimensions and the most proper place
in each dam for the passage-ways aforesaid :

Be it further enacted, That the said Aaron Hobart, Esquire., be, and
he is hereb}' appointed to repair to and examine said dams, at the ex-
pense of the said petitioners, and there to order and determine the most
proper place at each dam for making such passage-wa3-s, the breadth
and depth thereof, and the manner in which they shall be made, and
to make a return, in writing, on or before the first day of July next,
of his doings herein, into the office of the secretary of this Common-
wealth, to be there filed and kept with the records of the Common-
wealth ; and ever}' such passage-way, made and kept conformably to
the order and determination of the said Aaron Hobart, to be made as
aforesaid, shall be taken and considered as a good and sufficient way
for the passage of said fish, according to the provisions of this act.

Sect. 3. Provided, nevertheless, and be it further enacted, That if
the said Aaron Hobart shall not, on or before the first day of July
next, make his order and determination in the premises and return
the same as aforesaid, the court of sessions for the county of Essex
shall and may at any term thereof, on application of any party inter-
ested, cause the place and the dimensions of the passage-ways round
or through the several dams aforesaid to be fixed and determined in
the manner heretofore provided by law ; and in case any new dams
shall be hereafter erected and made across any of the rivers, streams
or brooks aforesaid, the said court of sessions shall and may in like
manner cause the place and dimensions of the passage-ways round
or through said new dams to be fixed and determined according to
law ; and provided, also, that this act shall be in force until the first
day of May, which will be in the year of our Lord one thousand eight
hundred and sixteen, and until the end of the then next session of
the general court, and no longer. — [March 3, 1806.

[1808, 91 ; 1812, 106 ; 1837, 195.]

118 LAWS RELATING TO

An Act to regulate the Taking of the Fish called Shad and Alewives within the
limits of the Town of Hinghani.and for the effectual securing to the said Town the
advantages thereof.

1805, 91. Sect. 1. Be it enacted, That the taking and disposing
of the said fish called shad and alewives in the town of Hingliam
shall be under the care and management of a committee of the said
town, who shall dispose of said fish in such manner as they shall
judge most beneficial to the town, and shall render to the town treas-
urer an account of the proceeds thereof on or before the first day of
November annually ; and the said committee shall have a reasonable
allowance for their services, and lay their account thereof before the
selectmen of the said town for their allowance and approbation ; and
the said committee shall consist of five freeholders, chosen by ballot
in the month of March or April annually, who shall be sworn or
affirmed to the faithful discharge of their duty ; and if any person
chosen to serve on the said committee, or if chosen shall neglect to
take the oath or affirmation for the space of seven days after being
legally notified of such choice, he shall forfeit and pa}- to the use of
the said town the sum of ten dollars.

Sect. 2. Be it further enacted, That the said committee, or a
majority of them, shall have full power and authority to open a suffi-
cient passage-way for said fish from the waters in Ware River, so
called, into Accord Pond, so called, and to remove from out of the
river, brooks or streams issuing from Accord Pond, any obstructions
that ma}' be made to the free passing of the said fish into the said
pond, or repassing from the said pond to the sea ; and the said com-
mittee, or either of them, going on to the land of any person or
persons for this purpose, shall not be deemed trespassers ; and the
said committee, or the major part of them, shall determine the partic-
ular places where the said fish shall be taken, and give public notice
thereof hy posting up one or more notifications in some conspicuous
place or places in the said town, on or before the first day of May
annually ; and the said fish shall not be taken on any other days than
Monday, Wednesday and Friday, between the rising and the setting
of the sun on the said days, nor by any other instrument than by a
scoop or dip-net.

Sect. 3. Be it further enacted, That no person shall catch or take
an}' of the said fish in any of the waters issuing from Accord Pond,
or in any other streams within the said town, without the leave of the
said committee, or the major part of them ; and whoever shall presume,
at any time hereafter, to take, kill or haul on shore any of the said
fish, with seines or drag-nets, in said Ware River, through which the
said fish pass into the said pond, or shall with any seine or drag-net,
or in any other way obstruct the passage of the said fish to or from

INLAND FISHERIES. 119

the same, or shall with a scoop or dip-net, on any other clan's than as
aforesaid, take any of said fish, or shall obstruct the said committee,
or either of them, in the execution of their duty, in all and every such
case the offender shall for each offence forfeit and pay a sum not
exceeding ten dollars nor less than five dollars ; and in case the off-
ence be committed in the night, a sum not exceeding twenty dollars
nor less than ten dollars.

Sect. 4. Be it further enacted, That it shall be the duty of the
said committee to give notice to the treasurer of the said town of
Hingham^ of all offences committed against this act, which ma}' come
to their knowledge ; and the said treasurer is hereby vested with full
power and authority to sue for and recover, from time to time, all fines
and forfeitures incurred by any breach of this act, in any court proper
to try the same ; and such fines and forfeitures shall be to the use of
the said town, saving where any person shall give infontiation of any
breach of this act, the informer, upon conviction of the offender, shall
be entitled to one-third part of the forfeiture ; and no person shall be
considered as disqualified from being a witness on any trial that may
be had, pursuant to this act, on account of his being an inhabitant of
the said town of Hingham, or of his being one of the committee afore-
said.—[March 12, 1806.

1806.

[Sp. Laws, vol. 1, p. 272.]
An Act in addition to an Act, entitled " An Act to regulate the Catching Salmon, Shad
and Alewives, and to prevent Obstructions in Merrimack River, and in the other
Rivers and streams running into the same, within this Commonwealth ; and for
repealing several Acts heretofore made for that purpose."

1806, 28. Sect. 1. Be it enacted. That so long as any mill or
mills, or mill-dam, shall stand and be kept and maintained across
Beaver Brook, in the town of Dracut, at the place where the mills of
.Joshua Bradley- now stand, the owner or occupant of such mill or
mills, and mill-dam, shall be required and held to keep open a passage
or sluice-way for the fish to pass up and down through the same, which
shall not be less than six feet wide, and the waters therein not less
than six inches deep ; and the owner or occupant of such mill and dam
shall be holden to keep the said passage or sluice-way below the dam
in good repair.

Sect. 2, Be it fnrther enacted, That so long as the owner or
occupant of such mill or mills as aforesaid, shall cause to be made and
kept in good repair, and left open, such passage or sluice-way through
such dam or dams, of the dimensions and depth of water aforesaid,
such proprietor or occupant shall not be subject to any prosecution
under or by virtue of the act to which this is in addition, nor to any
forfeiture or penalty therein contained.

120 LAWS RELATING TO

Sect. 3. And be it further enacted, That this act shall continue
and be in force for the term of three years from the passing thereof,
and no longer. — [Februarj^ 3, 1807.

[Sp. Laws, vol. 2, p. 271.]

An Act for the Preservation of the Fish in Massapang Ponds (so called), in the County

of Middlesex.

1806, 60. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, it shall not be lawful for any person whatever, in the
night-time, to kill, take, or destroy an}" fish in the pond called Massa-
pang Ponds, lying between the towns of Dunstable, G];oton and
Tyngsborough, or in the streams running into or issuing therefrom,
with spears or anj^ implement whatever, which is made use of for the
purpose of stabbing or killing the fish in the said ponds or streams.

Sect. 2. Be it further enacted, That if any person or persons,
from and after the passing of this act, in the night-time, after the
setting and before the rising of the sun, with spears, or any other
implement which is made use of for the purpose of killing or taking of
fish, shall kill, take or destroy any fish in said pond called Massapang
Ponds, or in the streams running into or issuing therefrom, such per-
son shall for each and every fish so taken, killed or destroyed, forfeit
and pay the sum of fifty cents, to be recovered before any court
proper to try the same by action, in which the whole penalty shall
enure to the use of such person as shall first sue for the same. —
[February 20, 1807.

[1823, 41.]

An Act for the preservation of the Fish called Ale wives, in their passage up the Rivers and
Streams leading through the Towns of Salem and Danvers, in the County of Essex,
and for the regulating the Taking said Fish in said Streams, and for repealing all
Laws heretofore passed for regulating the Fishery in said Rivers and Streams.

1806, 117. Sect. 1. Be it enacted, That the towns of Salem and
Danvers shall be and they are hereby respectively empowered and
directed, at their annual town-meetings, to choose, by ballot, a num-
ber, not exceeding five persons in each town, as a fish committee,
whose duty it shall be to see that the laws respecting the passage-
ways for said fish be duly observed ; and each person so chosen shall
take an oath for the faithful discharge of the duties required of him by
law ; and the committees from each of said towns shall meet together
annually, on or before the first da}' of April, as the person first chosen
b}' the town of Salem shall appoint, to be by him dul}' notified ; and
the major part of committees present at such meetings, are hereby
authorized and empowered to order the times, not exceeding three
days in any one week, and the places where and the manner in which
said fish may be taken, within the limits of either of said towns. And
the members of the committees aforesaid, shall have joint and concur-

INLAND FISHERIES. 121

rent jurisdiction in either of the said towns ; and the said committees,
or either of them, or the members of either of them, shall have full
power to act as such, in either of said towns. And in case either of
said towns shall neglect to choose said committee, the town not
neglecting shall have all the emoluments arising from the fishery,
hereafter mentioned. And the said committees, or either of them,
on neglect as aforesaid, shall have power to cause the whole natural
course of the streams through which the said fish pass, in both the
said towns, to be kept open and without obstruction, to remove such
as be found therein, to make the passage-ways of such streams wider
or deeper, if they may deem it necessary. And the said committees,
or either of them, or any member thereof, shall have authority to go
on the land of any person through which such river or stream runs,
or on which such land may be bounded, for the purpose aforesaid,
without being considered as trespassers ; and any person who shall
hinder the said committees, or either of the members thereof, in the
business and execution of their office, or shall obstruct any passage-
way in such river or stream, otherwise than may be allowed by such
committee or committees, he or she shall forfeit and pay a sum not
exceeding fiftv dollars nor less than five dollars.

Sect. 2. Be it further enacted. That the said committees, or the
major part of them present at any meeting duly notified, being not
less than three in number, shall be and they are hereby authorized
and empowered to open an}' dam or sluice-head of any mill erected
or that may be erected on or over any such river or stream, at the
expense of the owner or owners of such dam or sluice, if such owner
or owners shall neglect to open the same when thereto required by
said committees, or the major part of them, as aforesaid ; and the
dam or sluice so opened shall continue open such depth and width as
the said committees or the major part of them shall order, from the
tenth day of April to the last day of May in every year ; and the said
committees may (when they shall deem it necessary) order the pas-
sage-wa3-s open at an earlier period, not prior to the first da}' of
April. And in case any person or persons shall obstruct the passage-
way allowed or ordered by said committees, or the major part of
them, in any dam or sluice, each person so oflfending shall forfeit and
pay a sum not exceeding fifty dollars nor less than ten dollars.

Sect. 3. Be it further enacted, That the owner or owners of any
tide-mills erected, or that may be hereafter erected, shall (in addition
to the regulations before prescribed for mill-dams) keep a sluice-gate
hoisted, or passage-way open, of three feet in width and two feet
high, three hours before high-water, and to continue open such width
and depth until high-water, and the bottom of such passage-way so
opened shall be as low as the said committee shall direct, on penalty

122 LAWS RELATING TO

of forfeiting, for eacli tide when such sluice-gate is not hoisted or said
passage-way so opened, a sum not exceeding twenty dollars nor less
than five dollars.

Sect. 4. Be it further enacted^ That the committee appointed as
aforesaid are hereb}^ authorized and empowered to lease, or sell at
public vendue, or otherwise, the privilege of taking and disposing of
said fish, when they shall deem it expedient ; and the person or per-
sons purchasing the said privilege, shall pay one moiety thereof to
the treasurer of the town of Salem, and the other moiety thereof to
the treasurer of the town of Danvers, on or before the last day of Sep-
tember, annually, under the penalty of paying one hundred dollars
for the use of the said towns ; and no person hiring or purchasing
said privilege, shall demand of any person more than at the rate of
thirt}'^ cents for each hundred of said fish thus sold, on penalty of pay-
ing five dollars for each offence ; and any person or persons taking
any of said fish, not being authorized by the said fish committee, shall
pay a fine of not more than ten dollars nor less than one dollar.

Sect. 5. Be it further enacted, That when the committees afore-
said, or either of them, or an}^ member thereof, shall detect any per-
son or persons, not authorized by said committee, in attempting to
take any of said fish, and shall find such fish with such person or per-
sons, they shall be doomed to have taken said fish, and be subject to
the penalties of this act accordingly ; and anj' net or other machine
found in an}- such river or stream for the purpose of taking said fish
(not authorized by said committees) shall be forfeited ; and no person
by reason of his being one of either of the committees aforesaid shall
thereby be disqualified from being a witness in any prosecution for a
breach of this act.

Sect. 6. Be it further enacted, That an}' justice of the peace in
either of the said towns of Salem and Danvers, may hear and deter-
mine any complaint under this act, to the amount of thirteen dollars
and thirty-three cents, his being an inhabitant of the said town not-
withstanding ; and in case any minor or minors shall offend against
any part of this act and thereby incur any or eitlier of the penalties
aforesaid, in all such cases the parent, master or guardian of such
minor or minors shall be answerable therefor ; and in case of a prose-
cution of such minor or minors, the action shall be commenced against
the parent, master or guardian of such minor or minors, respectively,
and judgment rendered accordingly.

Sect. 7. Be it further enacted. That all sums recovered as forfeited
by this act shall be appropriated, one moiety thereof to the prosecu-
tors, and the other moiety equally divided between the said towns of
Salem and Danvers.

Sect. 8. Be it further enacted^ That all laws heretofore passed,

INLAND FISHERIES. 123

concerning the fishery in the rivers and streams aforesaid, be and the
same are hereby repealed, excepting so far as may relate to any for-
feitures or penalties incurred for a breach of those laws. — [February

28, 1807.

[1814. 129.]

1807.

[Sp. Laws, vol. 3, p. 441.]

An Act to continue in force an Act for regulating the passage-way for Fish through the
Dam at the nioutb of Stoney Brook, so called, in the Town of Chelmsford, in the
County of Middlesex.

1807, 49. Be it enacted, That an act made and passed on the
ninth day of March, in the year of our Lord one thousand eight
hundred and four, entitled "An Act in addition to an Act entitled
An Act to regulate the catching Salmon, Shad and Alewives, and to
prevent obstructions in Merrimack River, and in the other rivers and
streams running into the same within this Commonwealth ; and for
repealing several acts heretofore made for that pur[)ose," be and here-
by is continued in force for the term of three years from the expira-
tion thereof, any limitation in the same act contained, to the contrary
notwithstanding. — [February 13, 1807.

1808.

An Act to regulate the Taking of Fish in the Town of Rochester.

1808, 64. Sect. 1. Be it enacted, That any person who shall
take any of the fish called alewives in the brook leading out of
Merry's Pond, so called, in Rochester, into Sippican River, or in the
said Sippican River, excepting as is in this act allowed, shall forfeit
and pay the sum of ten dollars,' to be recovered in an action of debt
in any court proper to try the same, by the treasurer of said town, to
the use of said town.

Sect. 2. Be it further enacted. That the inhabitants of the said
town of Rochester, at their annual town meeting in the month of
March cr April annually, shall choose a committee of not more than
six nor less than three inspectors of said brook and stream, who shall
be under oath as other town officers, to inspect the same, under the
direction of the selectmen of said town for the time being, and whose
duty it shall be to give immediate notice to the treasurer of said town
of all breaches of this act which has come to their knowledgre.

Sect, 3. Be it further enacted, That the inhabitants of said town
of Rochester, at an}' town meeting legally warned (having an article
in the warrant) for that purpose, ma}' if they think proper, sell the
exclusive right to the taking of said fish in said brook, or in said river,
for a term not more than one year, to the highest bidder or bidders,
to be taken at such times and places and by such means as shall be

124 LAWS RELATING TO

pointed out in the conditions of sale ; and if any such purchaser shall
take an}^ of such fish in said river or in said brook, contrary to the
terms in the conditions of sale, everj^ such person or persons shall
forfeit and pay the sum of twent^^-five dollars, to be recovered as afore-
said, for the use aforesaid.

Sect. 4. Be it further enacted^ That if any person shall make, or
erect an}' wear or other impediments in or across said brook or river,
below where said brook empties itself into said river, by which the
passage of said fish up said brook or up said river shall be obstructed,
each person so offending shall for each and every offence forfeit and
pay the sum of fifty dollars, to be recovered as aforesaid for the use
aforesaid. — [March 2, 1809.

[Sp. Laws, vol. 1, p. 313.]
An Act in addition to an Act passed in the year of our Lord one thousand eight hun-
dred and two, entitled "An Act for the Preservation and regulating the Taking the
Fish called Alewives, in the Brook running from the West Quiticus Pond to the East
Quiticus Pond, near the line between the Towns of Middleborough and Rochester, in
the County of Plymouth."

1808, 78. Sect. 1. Be it enacted^ That from and after the pass-
ing this act, the agents appointed by the town of Middleborough and
the town of Rochester in pursuance to the act to which this is in addi-
tion are respectively authorized to sell the right of taking said fish in
said brook on every day in the week, Sunday's onl}' excepted, and the
purchaser or purchasers shall have the same right to take said fish on
each and ever}- day in the week, Sundays excepted, as purchasers had
under said act to take them on Tuesda3s, Wednesdays and Thurs-
days ; and shall also be holden by all the restrictions and regulations
provided in said act.

Sect. 2. Be it further enacted^ That if an}- person, living without
the limits of the county of Plj-mouth, shall offend against the pro-
visions of this act, or of the act to which this is in addition, any jus-
tice of the peace in the county where such person lives or resides, is
hereb}- authorized to take cognizance of, hear and determine all such
offences, in the same manner as if the oflFence had been committed
within the county for which he is a justice of the peace.

Sect. 3. Be it further enacted, That all forfeitures incurred by
the provisions of this act, shall be recovered in the manner and to the
uses specified in the act to which this is in addition. — [March 3, 1809.

[1862, 202.]

INLAND FISHERIES. 125

[1805, 76.]

An Act in addition to an Act entitled " An Act to prevent and remove Obstructions to
the passage of Shad, Alewives and other Fish in Parlier River, and the Falls River,
so called, in the County of Essex, and the Streams and Brooks running into the said
Falls River."

1808, 91. Sect. 1. Be it enacted, That no person or persons
whatever, be allowed from and after the passing of this act, to catch
with dip-nets through the ice any bass, shad, alewives or other fish in
Parker River, the Falls River, so called, in the county of Essex, and
the streams and brooks running into the said Falls River and in Row-
ley River ; and any person or persons so offending, shall forfeit and
pay for each offence a fine, not less than five dollars nor more than
twenty dollars, at the discretion of the court before whom trial shall
be had, according to the aggravation of the oflTence.

Sect. 2. Be it further enacted, That from and after the passing of
this act, no person or persons whatever be allowed to take by seines
any bass, shad, alewives or other fish in Parker River, Rowley
River, the Falls River, and streams and brooks running into the said
Falls River, excepting within that part of Parker River lying more
than seventy rods below the falls, by John Lee's manufactory ; and
any person or persons so offending shall forfeit and pay for each
offence, a fine not less than five dollars nor more than twenty dollars,
at the discretion of the court before whom trial may be had, accord-
ing to the aggravation of the offence.

Sect. 3. Be it further enacted. That from and after the passing of
this act, no person or persons whatever be allowed to catch an}' bass,
shad, alewives or other fish, oftener or more than two days in a week,
the days to be Monday and Tuesday, and from sunrise on Monday
morning to sunrise on Wednesday morning. And if any person or
persons shall catch any bass, shad or alewives in Parker River, the
Falls River, and streams and brooks running into Falls River, and in
Rowley River, or shall drag any seine or drag-net, or set any net, or
use any other machine for the purpose of catching any of the said fish
in the said rivers or streams, at any other time or place than by this
act is allowed, each and every person so offending shall forfeit and
pay, for each offence, a fine not less than five dollars nor more than
twenty dollars, at the discretion of the court before whom trial may
be had, according to the aggravation of the offence, and the seine,
net, pot or other machine shall be forfeited.

Sect. 4. Be it further enacted, That from and after the passing of
this act no person or persons whatever shall be allowed at any time
to catch by seines, nets, pots or any other way, any bass, shad, ale-
wives or other fish, within six rods from said mill-dam, or other dams,
or of any sluice or passage-way through or by any mill-dam or other

126 LAWS RELATING TO

dam that is or may be made across the said rivers or streams, or shall
place any obstructions in the said sluice or passage-ways in the said
rivers and streams, and each and every person so offending shall for
each and every offence forfeit and pay a fine not less than five dollars
nor more than twenty dollars, at the discretion of the court before
whom trial may be had, according to the aggravation of the offence.

Sect. 5. Be it further enacted. That the several towns of New-
bury, Rowley and Boxford shall, at their annual meetings for the
choice of officers, respectively, choose by ballot a committee of
three persons from each town, whose duty it shall be jointly and sev-
erally to carry into effect the provisions of this act and the act to
which this is in addition ; and the said committee, before they enter
on the execution of their office, shall be sworn to the faithful and
impartial discharge of their dut}- in the same manner as other town
officers are sworn, and when so sworn they shall have power to pur-
sue, and are hereby authorized to pursue and execute the duties of
their said offices on any part of the aforesaid rivers and streams within
either of the aforesaid towns.

Sect. 6. Be it further enacted, That all fines and forfeitures
incurred by a breach of this act, may be sued for and recovered in any
court proper to try the same, one moiety thereof to him or them who
may sue and prosecute for the same, the other moiety to the use of
the towns of Newbury, Rowley and Boxford.

Sect. 7. Be it further enacted, That the said committee, chosen as
aforesaid, shall meet at the lower dam on the Falls River, in New-
bury, near John Lee's manufactor}-, on the third Monday in May
annually, at ten o'clock in the forenoon, and shall meet at such other
times and places within each year as the committee may find necessary,
and at such meetings the majorit}^ of the committee present shall have
the power of the whole committee.

Sect. 8. Be it further enacted, That the said committee, at their
meetings in manner aforesaid, are hereby authorized and empowered
to order and direct from time to time such alterations as may to them
appear necessar}' in the several sluice or passage-waj's provided by
the act to which this is in addition ; and any owner or occupant of an^^
mill-dam or other dam across any of the said rivers or streams, who
shall neglect to make the alterations in the said sluice or passage-waj'
and cause the same to be kept open and daily supplied with water, as
directed by the committee, from the fifteenth day of April to the first
day of June annuall}', after being dul}^ notified by the committee, shall
forfeit and pa}' for each offence the same fine and in the same manner
as is provided for a similar offence by the act to which this is in
addition. — [March 4, 1809.

INLAND FISHERIES. 127

[Sp. Laws, vol. 1, p. 272.]

An Act to alter the Times allowed by Law for Taking Fish in the Mouth of Concord

River.

1808, 94. Sect. 1. Be it enacted, That from and after the pass-
ing of this act it shall and may be lawful to take salmon, shad and
alewives in the mouth of Concord River on Monday and Tuesday in
each week, from sunrise on Monday morning to sunrise on Tuesday
morning, and at no other times : provided, that such fish shg,ll be taken
within the limits prescribed in and by an act passed on the fourth day
of March, one thousand seven hundred and ninet}', entitled " An Act
to regulate the catching of salmon, shad and alewives, and to prevent
obstructions in Merrimack River and the other rivers and streams run-
ning into the same, within this Commonwealth, and for repealing several
acts heretofore made for that purpose." And whoever shall take any
of the said fish at any other time without the limits aforesaid shall be
subject to the same forfeitures and penalties, to be recovered and
appropriated in the same manner as in said act is provided for similar
breaches thereof. — [March 4, 1809.

[1835, 89.]

1809.

An Act to regulate the Fishery in the Towns of Ipswich, Hamilton and Wenham.

1809, 57. Sect. 1. Be it enacted, That the owner or owners,
occupier or occupiers of mill-dams, across the streams leading from
the head of the tide waters in that part of Ipswich called Chebacco,
to Chebacco Pond, and the ponds adjacent thereto, or the owner or
owners, occupier or occupiers of any mill-dam which may be hereafter
erected on the streams aforesaid, be and they are hereb}' required,
henceforward, at their own cost and charge, in proportion to their
several interests, to make and keep open a sutBcient passage, of such
depth and width as the committee shall direct, for the fish called shad
and alewives, through their respective dams, from the tenth da}' of
April to the fifteenth day of May, annually, and the privilege and ben-
efit of taking fish in the said streams and ponds shall be free to the
inhabitants of the said towns of Ipswich, Hamilton and Wenham,
within the limits of their respective towns, on the days and within the
limitations prescribed by this act.

vSect. 2. Be it further enacted, That the inhabitants of the towns
aforesaid, at their annual town meetings for the choice of town officers,
be and they are hereby authorized and directed to appoint three or
more discreet persons, in each of said towns, as a fish committee, to
oversee the taking the fish agreeabl}' to this act, which committee
shall be sworn to the faithful discharge of their trust.

128 LAWS RELATING TO

Sect. 3. Be it further enacted, That if the owner or owners, oc-
cupier or occupiers of the dams aforesaid, shall refuse or neglect to
open and keep open within the period before mentioned, the passages
as aforesaid, such owner or owners shall forfeit and pay the sum of
one hundred dollars to the use of the towns as aforesaid, to be recov-
ered l)y action of debt, in any court proper to try the same.

Sect. 4. Be it further enacted, That there shall be two days in
each week appropriated for taking of said fish in the said streams and
ponds, viz., on Monday and Friday, and no fish shall be taken on
any other days than the days prescribed b}'^ this act, on the penalty
of not more than ten dollars and not less than two dollars, and no
person shall be allowed to take said fish with seines or drag-nets, on
penalt}' of thirteen dollars.

Sect. 5. Be it further enacted, That any justice of the peace in
either of the towns of Ipswich, Hamilton or Wenham, shall have
cognizance of an}- breach of this act, and hear, try and determine
any complaints to the amount of thirteen dollars, his being an inhab-
itant of either of the said towns notwithstanding ; and in case any
minor or minors shall offend against any part of this act, and thereby
incur any of the penalties aforesaid, in all such cases the parent,
master or guardian of such minor or minors shall be answerable
therefor, and in case a prosecution shall ensue, the action shall be
commenced against the parent, master or guardian of such minor or
minors, respective!}', and judgment rendered accordingly. — [March

1, 1809.

[1811, 113.]

1810.

An Act to preserve and regulate the taking or catching of Fish called Smelts, in the
Island River, so called, in the South part of the Town of Maiden, in the Connty of
Middlesex.

l8lO, 112. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, it shall not be lawful for any person or persons to
draw or set any seine, net or drag-nets in the Island River (so called) ,
between Beacham's Point and a dam in said river, near the island so
called, in said town of Maiden, from the first day of October to the
first day of May, annually ; and any person so oflending herein, shall,
for each offence, forfeit and pay a sum not more than twenty dollars
nor less than ten dollars, to be recovered by action of debt before any
court proper to try tlie same, one half to the use of the town and the
other half to the use of him or them who may sue therefor. — [Feb-
ruary 28, 1811.

INLAND FISHERIES. 129

[Sp. Laws, vol. 1, p. 191.]

An Act in addition to an Act entitled " An Act to prevent the destruction of Alewives

and other Fish in Ipswich River, and to encourage the increase of the same."

1810, 117. Sect. 1. Be it enacted, That it shall be lawful for
the inhabitants of the towns of Ipswich, Hamilton, Topsfield, Read-
ing, Danvers and Middle ton, to take fish with seines or drag-nets in
Ipswich River, one day in each week, which day shall be Wednesday,
at snch place in each town as the fish committees in said town shall
respectivel}' direct, and under such regulations and restrictions as the
towns aforesaid shall adopt, anything in the act entitled "' An Act to
prevent the destruction of alewives and other fish in Ipswich River,
and to encourage the increase of the same," to the contrary notwith-
standing.— [February 28, 1811.

1811.

[Sp. Laws, vol. 1, p. 290.]
An Act further regulating the Taking of Fish in Mattapoisett River.

1811, 60. Sect. 1. Be it enacted, That if any person or persons
shall take any fish called alewives in Mattapoisett River, in the town
of Rochester, in the county of Plymouth, or stretch any seine in
said river for the purpose of taking fish at any time hereafter in either
of the mouths of March, April or May in any part of Mattapoisett Har-
bor in said Rochester, to the northward of a line running directly
from the most southerl}' part of Capt. Job Haskell's farm on the
westerly side of said harbor, to the most southerly part of Joseph
Edwards' land on the easterly side of said harbor, such person or
persons so ofi'ending shall for each offence forfeit and pay fift}' dol-
lars, to be recovered in the same way, and to the same uses as for-
feitures for taking said fish in the same river are by law to be recovered.

Sect. 2. Be it further enacted, That the selectmen of said town
are hereby authorized annually to regulate the manner in which the
purchasers of the exclusive right of taking said fish in said river
shall respectively take them, and if any such purchaser shall not con-
form to such regulations, such purchaser shall for ever}' such offence
forfeit fourteen dollars, to be recovered as aforesaid, for the use or
uses aforesaid.

Sect. 3. Be it farther enacted, That if any person not an inhab-
itant of the said county of Plymouth, shall take any of said fish in
said river contrar}' to law, he shall be holden to answer for the same
before any justice of the peace within and for the county of which
such person is an inhabitant, or in which he is resident ; and all such
justices have hereby given them respectively ample jurisdiction of all
such actions which may be brought before them, and full}' authorized
to hear and try them in the same manner as if the forfeiture had been

130 LAWS RELATING TO

incurred in the same county, and no fiction of law shall be necessary
in the declaration to bring such cause within the jurisdiction of such
justice of peace.

Sect. 4. Be it further enacted, That in all prosecutions for taking
said fish in the said river contrary to law, none of the laws on that
subject need to be recited, but the plaintiff may declare generall}''
against the offender for taking the fish called alewives in Mattapoisett
River in Rochester, in the county of Plymouth, within a limited time,
contrary to the form and effect of the statute in such case made and
provided. — [June 24, 1811.

An Act for the relief of the Owners of the North Mill-Datn (so called), at the Lower

Falls in Newton.

1811, 76. Sect. 1. Be it enacted, That a certain act made and
passed in the 3'ear of our Lord one thousand seven hundred and
fort3"-one, entitled " An Act in addition to an Act made to prevent
the destruction of the fish called alewives and other fish," so far
as the same ma}" regard or impose any duty upon the owners or
occupants of the North Mill-Dam, which is erected across Charles
River from the town of Newton to the town of Needham, at the
lower falls, be and the same is duly repealed.

Sect. 2. Be it further enacted, That it shall not hereafter be the
duty of the owner or occupants of the said mill-dam, or any other
dam which may be built or erected across Charles River, between the
said towns of Newton and Needham at the lower falls aforesaid, in
the place where the old dam now stands to make or keep open through
anv such dam, any sluice or passage-way through any such dam dur-
ing any part of the 3'ear, an}- other law or usage to the contrary not-
withstanding.— [June 25, 1811.

[1809, 57.]

An Act to repeal an Act entitled " An Act to regulate the Fisheries in the Towns of
0 IpsAvich, Hamilton and Wenham."

1811, 113. Be it enacted, That an act passed the first day of
March, eighteen hundred and nine, entitled " An Act to regulate the
fishery in the towns of Ipswich, Hamilton and Wenham," be and the
same is hereby repealed. — [February 28, 1811.

[Sp. Laws, vol. 1, p. 272.]

An Act in further addition to an Act entitled "An Act to regulate the Catching of Sal-
mon, Shad and Alewives and to prevent Obstructions in Merrimack River, and in
the other Rivers and Streams running into the same, within this Commonwealth, and
for repealing several Acts heretofore made for that purpose."

1811,175. Sect. 1. Be it enacted. That anj' person who shall lie
convicted of catching any shad, salmon or alewives in Merrimack
River, or any river or stream centering to or running into the same,

INLAND FISHERIES. 131

or shall drag any seine or drag-net, or set any net or pot, or use any
other machine for the purpose of catching any of the said fish in any
of the said rivers or streams within this Commonwealth, at any other
time or place other than is allowed by the act to which this is in addi-
tion, shall forfeit and pay for each offence, a sum not less than seven
dollars nor more than thirty dollars, at the discretion of the court
before which trial shall be had, according to the aggravation of the
offence, anything in the act to which this is in addition to the contrar}^
notwithstanding.

Sect. 2. Be it further enacted, That from and after the passing
this act, every town in this Commonwealth bordering on Merrimack
River, and in which there are any ponds, rivers or streams centering
to or emptying themselves into Merrimack River, where salmon, shad
or alewives do or would (if not obstructed) go up to cast their spawn,
shall at their annual meeting in the month of March or April, anna-
all}', choose b}' ballot at least six suitable and fit persons as fish-
wardens, any law or usage to the contrary notwithstanding.

Sect. 3. Be it further eyiacted, That if any person shall be found
in any wa}' aiding or assisting in unlawfull}' fishing, on conviction
thereof he shall be adjudged guilty of a breach of the act to which this
is in addition, and shall forfeit and pa}' the same fine as is provided
in this act for actually fishing on unlawful days.

Sect. 4. And be it further enacted, That the powers given to fish-
wardens in the act to which this is in addition, shall be transferred to
the selectmen of the several towns whei-e this law can operate or have
force, so far as relates to opening and preventing obstructions in or
across the said Merrimack River, or any of the rivers or streams run-
ning into the same ; and it shall be the dut}' of the selectmen of the
three nearest or next adjoining towns, where an}' obstructions are or
may be formed in or across said rivers or streams, or the major part
of such selectmen, to remove or cause to be removed after twenty-four
hours' notice given to the owner, builder or occupier, all obstructions
to a free and suitable passage of the said fish up and down the said
rivers and streams ; and if the owner, builder or occupier of any
dam or other obstruction shall refuse or neglect for the space of
twenty-four hours after notice given as aforesaid, to remove such dam
or obstruction, or such part thereof as the selectmen shall direct, the
selectmen shall cause the same to be removed at the expense of the
owner, builder or occupier thereof.

Sect. 5. Be it further enacted, That all fines and forfeitures
incurred by any breach of this act, or the act to which this is in addi-
tion, and not exceeding ten dollars, shall enure wholly to the fish-
warden complaining; and all fish found taken on unlawful days shall
be the property of the fish-warden finding them. — [February 29, 1812.

132 LAWS DELATING TO

[Sp. Laws, vol. 1, p. 269.]

An Act supplementary to " An Act regulating the Taking and Disposing of the Fish
called Alewives in the Town of Pembroke."

1811, 72. Sect. 1. Be it enacted. That no person or persons shall
set, draw or cast any seine, drag or set-net, of an}' dimensions what-
ever, in the North River, so called, in the county of Plymouth, except
from the sun's rising on Friday morning to the sun's rising on the
following morning in each week ; and that no seine, drag or set-net
shall be set, drawn or cast in said river above what is called and
known by the name of the Third Herring Brook, or Smelt Brook,
excepting as is excepted in the tenth section of the act to which this
is a supplement, on the penalty of sixteen dollars for each offence, to
be recovered and appropriated in the manner provided for the recover^'
and appropriation of fines and forfeitures by the act to which this is a
supplement.

Sect. 2. Be it further enacted, That the ninth section of the act to
which this is a supplement, be and it hereby is repealed. — [June,
25, 1811.

1812.

[Sp. Laws, vol. 1, p. 272.]

An Act in further addition to and amendment of an Act entitled " An Act in addition to
an Act passed the fourth daj^ of March, one thousand seven hundred and ninety,
entitled ' An Act to regulate the Catching of Salmon, Shad and Alewives, and to pre-
vent Obstructions in Merrimac River, and in the other Streams running into the same,
within this Commonwealth.' "

1812, 84. Be it enacted, That the act aforesaid to which this is in
addition, passed the twenty-seventh day of March, seventeen hundred
and ninet^'-three, which prohibits the taking of an}' fish " within fifty
rods below or twenty rods above the mouth of any river or stream in
the town of Andover emptying into Merrimac River," be so amended
as that any person or persons may hereafter, with the consent of the
proprietors of the soil, or having otherwise the right of fishing thereon,
draw any seine for the purpose of catching shad and salmon in Merri-
mac River at any place between fifty and twenty-five rods below the
mouth of Shausheen River, and between twenty and ten rods above
the mouth of Cocheco Brook, in the town of Andover ; anything in the
act aforesaid to the contrary notwithstanding. — [February 16, 1813.

[Sp. Laws, vol. 1, p. 296.]

An Act to regulate the taking of Fish in Connecticut River.

1812, 103. Sect. 1. Be it enacted, That no person or persons

whatever be allowed, from and after the passing of this act, to catch

any salmon or shad, or draw any seine for the purpose of catching any

salmon or shad, in that part of Connecticut River which passes through

INLAND FISHERIES. 133

this Commonwealth, from the twenty-fifth day of June to the first day
of December, annually ; and if any persOn or persons shall catch any
salmon or shad in said river, or shall drag any seine or net for the
purpose of catching any of the said fish in said river, within this Com-
monwealth, between the said twenty-fifth da}' of June and the said
first day of December, annually, each and every person so offending
shall forfeit and pay for each oflTence a fine of ten dollars.

Sect. 2. Be it further enacted. That if an}' person or persons, at
any time, in the river aforesaid, within this Commonwealth, shall fish
with a seine or net exceeding forty-five rods in length, or extend more
than one seine or net on the same fishing-ground at one and the same
time, he or they shall, for each offence, forfeit and pay a fine of twenty
dollars.

Sect. 3. Be it further enacted^ That all the fines and forfeitures
incurred b}' a breach of this act, shall be recovered in an action of debt
before any court of competent jurisdiction, in the county where the
offence is committed, and all such fines and forfeitures so recovered,
shall enure to the benefit of him or them who shall prosecute for the
same.

Sect. 4. Be it further enacted, That no action founded on this act
shall be sustained, unless the same be commenced within one 3'ear
from the time in which the offence complained of may be committed.

Sect, 5. Be it further enacted, That all seines, nets, boats or other
fishing implements, which shall be used in violation of an}- provision
of this act, shall be liable to attachment, and held to respond such
damages and costs as may be recovered in any action prosecuted
under this act. — [February 26, 1813.

[1835, 137.]

[1805, 76.]

An" Act in further addition to an act entitled " An Act to prevent and remove Obstruc-
tions to the passage of Shad, Alewives and other Fish in Parker River and the
Falls River, so called, in the County of Essex, and tlie Streams and Brooks running
into the said Falls River."

1812, 106. Be it enacted, That from and after the passing of this
act, the sluice-wa3's at each and every dam made for the passage of fish
on the Falls River, so called, in the county of Essex, shall, at all times,
from the fifteenth day of April to the first day of June, annually, be
such that the perpendicular section of the water running in each of the
said sluice-ways shall be equal to one hundred and forty-four square
inches, and the said sluice-ways shall l)e made in such form, at such
places, and with such convenient passages thereto, in and at the sev-
eral dams aforesaid, as Dennison Wallace and Nathan Felton,
Esquires, of Danvers, in the county of Essex, shall direct. And the
mill-holders are hereby oliliged to make, at their own expense, the

134 LAWS RELATING TO

sluice-ways and passages as above directed, if not already made, and
keep the same in repair during the continuance of the act to which
this is in addition, and shall not be holden to make any other altera-
tions at their expense during the continuance of the said act ; and the
said mill-holders shall be liable to the same penalties, to be sued for
and recovered in the same manner, for an}- breaches of the duties
enjoined upon them by this act, as are prescribed for the like offences
in the act to which this act is in addition. — [Februar}- ^6, 1813.

[1837, 195.]

[Sp. Laws, vol. 1, p. 191.]

An Act in addition to the several Acts to prevent the destruction of Alewives and other

Fish, in Ipswich River. ;

1812, 127. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, the time for the passage-way or passage-ways to be
kept open for the fish to pass or repass through any mill-dam or dams
now erected, or to be hereafter erected on the stream running from
Humphrey's Pond, so called, into Ipswich River, shall be from the
tenth day of May to the tenth da}- of June, annuall}^, anything in the
beforementioned acts to the contrarj'^ notwithstanding.

Sect. 2. Be it fxirtlier enacted, That the agent appointed 1)}- the
Danvers Cotton Factor}- Company shall always be one of the fish com-
mittee provided for in the acts to which this is in addition and
amendment. — [February 27, 1813.

An Act to preserve and regulate the Eel Fishery in the Town of Chatham.

1812, 132. Sect. 1. Be it enacted, That from and after the first
day of September next, it shall not be lawful for any person not an
inhabitant of the town of Chatham, to take, within the limits of said
town, any eels, without a permit, in writing, from the major part of
the selectmen of the said town, expressing the name of the person, and
the quantity permitted to be taken ; and every person so offending
shall forfeit and pay for every dozen so taken, the sum of twenty-five
cents : provided, nevertheless, that the major part of the selectmen, for
the time being, shall have power to give permits, in writing, to any
person, to take eels in said town of Chatham, at such times and in
such quantities as they shall deem reasonable, and express in their
permit ; provided, also, that every inhabitant of said town of Chat-
ham, without such permit, shall have a right to take eels within the
limits of said town, for the use of his family.

Sect. 2. Be it further enacted. That if any boat, cart, sled, horse
or crafts shall be found within the limits of said town of Chatham,
and not owned therein, with any eels taken within the limits of said
town, without a permit as aforesaid from the selectmen, it shall be
lawful for any of the fish- wardens, or for any inhabitant or inhabitants

INLAND FISHERIES. 135

of the town of Chatham to seize and detain the same, not exceeding
twenty-four hours, in order that the same, if need be, maj-be attached
or arrested by due process of law, in that time to answer the said lines
and forfeitures, with costs of suit.

Sect. 3. Be it further enacted, That all fines and forfeitures
which may be incurred thereby, shall enure one-half to him or them
who may sue for the same, and the other half to the said town of
Chatham ; and the same shall be recovered, with legal costs of suit,
in an action of debt, before any justice of peace for the county of
Barnstable, not interested therein. — [February 27, 1813.

Ax Act in addition to an Act entitled " An Act to incorporate the Proprietors of Fresli
Pond Meadows, for the purpose of Draining them."

1812, 138. Sect. 1. Be it enacted, That the proprietors of Fresh
Fond Meadows may erect, at the bridge on the county road between
Cambridge and West Cambridge, and, from time to time, keep a gate
or machine for the purpose of facilitating the draining the Fresh Pond
Meadows, so called, in the towns of Cambridge and "West Cambridge :
provided, that the said gate or machine may be kept open by the select-
men of either of the towns of Cambridge or West Cambridge, from the
first day of March to the fifteenth day of June, in each and every year,
for the free passage of fish.

Sect. 2. Be it further enacted. That if it shall be found that the
time aforesaid is not sufficient for the free passage of shad and ale-
wives, that on the application of the selectmen of either of said towns,
the court of sessions, for the county of Middlesex, may direct that
the said gate or machine shall be kept open for such further time as
may be deemed necessary for the preservation of said fish.

Sect. 3. Be it further enacted. That if any person shall wilfully
destroy, injure or impede the operation of the said gate or machine,
the person so oflfending shall forfeit and pay, for each offence, a sum
not exceeding one hundred dollars nor less than twenty dollars, to be
recovered before any court proper to try the same, one half to the
use of the informer, and the other half to the use of the proprietors
of the Fresh Pond Meadows aforesaid. — [February 27, 1813.

[1813, 64.]

Ax Act to regulate the Fishery in the Town of West Cambridge, and to empower said
town to dispose of the Privilege of taking the Fish called Shad and Alewives within
the limits thereof.

1812, 129. Sect. 1. Be it enacted. That the said town of West

Cambridge shall, at their annual meeting in March or April, choose

a committee, not exceeding seven nor less than three freeholders of

said town, who shall be sworn to the faithful discharge of the duty

enjoined upon them by this act, and also the act to prevent the

136 LAWS RELATING TO

destruction of the shad and alewives in Mystic River, so called,
within the towns of Charlestown, Medford and Cambridge. And it
shall be and it is hereby made the dutj' of the said committee, to
cause the natural course of the rivers and streams to be kept open
and without obstruction during the whole season the said fish pass n[y
or down said rivers or streams, and to remove anj' such obstructions
as ma}' be found therein. And the said committee, or any two of
them, paying or tendering a reasonable sum, if demanded, shall have
authority, in discharging the duties enjoined upon them by this act,
to go on the lands of any person bounding on said rivers or streams,
without being considered trespassers ; and any person who shall
molest or hinder said committee, or either of them, in the execution
of their duty, he or they so offending shall forfeit, for ever}' such
offence, a sum not exceeding ten dollars nor less than two dollars, at
the discretion of the justice before whom the same shall be tried ; and
it shall be the dut}' of the said committee to prosecute all breaches of
this act, and for either of them to seize and detain in custody an}- net
or seine found in the rivers or streams contrary to the true intent and
meaning of this act, until the persons so offending make satisfaction
for their offence, or is legally acquitted therefrom ; and also to seize
to the use of the town all such fish as they may suspect have been
taken contrary to the provisions of this act, unless the person in pos-
session can give satisfactory evidence to the committee that such fish
were lawfully taken.

Sect. 2. Be it further enacted, That it shall and may be lawful for
the town of West Cambridge, annually, at any legal meeting of the
inhabitants of said town, to sell or otherwise dispose of the privilege
of taking the fish called shad and alewives in any of the ponds,
rivers or streams issuing therefrom, within the limits of said town, so
far as said town bounds on both sides of said rivers and streams, at
such times only as is already provided by law to prevent the destruc-
tion of shad and alewives in Mystic River, so called ; and the emolu-
ments arising from the said privilege shall be appropriated by the
said town to such purposes as the inhabitants thereof may, in town-
meeting, from time to time, determine.

Sect. 3. Be it furtlier enacted. That if the purchaser or purchas-
ers, manager or managers, or those employed by them, shall presume
to take any of said fish at any other place than the said town shall
appoint, and if any other person or persons whatever, except the pur-
chaser or purchasers, manager or managers, of said privilege, or
those employed by them, do presume to take any of the said fish in
the said ponds, rivers or streams within the town of West Cambridge,
otherwise than may be allowed by said town, he or they so offending,
shall, for each offence, forfeit and pay a sum not exceeding thirteen

INLAND FISHERIES. 137

dollars nor less than two dollars, at the discretion of the justice
before whom the same shall be tried.

Sect. 4. Be it further enacted, That the penalties incurred b}- any
breach of this act, shall be recovered by an action on the case, before
any justice of the peace within said count}' of Middlesex, allowing an
appeal to the circuit court of common pleas of said count}' ; and all
sums of money recovered as forfeited b}^ this act, shall be for the
support of the poor of said town ; and no person, by reason of iiis
being one of the fish-co'mmittee aforesaid, or an inhabitant of the
said town, shall be thereb}' disqualified from being a witness in an}'
prosecution for a breach of this act. — [February 22, 1812.

[1820,67.]

[Sp. Laws, vol. 2, p. 285.]

Ax Act in addition to an Act entitled " An Act to regulate the taking of the Fish called
Alewives in Manatiquot River, in the town of Braintree."

1812, 154. Whereas by an act passed on the first day of March,
one thousand seven hundred and ninety-nine, the town of Braintree
were authorized to farm out and dispose of the fish called alewives,
and as it appears by representation from said town, that other fish
have and do run in the river in said town, which proves injurious to
the alewive fish :

Sect. 1. Be it enacted. That the taking of all fish which do and
may run from the salt water in the aforesaid river in the town of
Braintree, excepting eels, smelts, and torn-cod, shall be forever here-
after subject to the same restrictions as the taking of alewive fish is
by the act entitled " An Act to regulate the taking of the fish called
alewives, in the Manatiquot River, in the town of Braintree."

Sect. 2. Be it further enacted, That the selectmen of the town of
Braintree, for the time being, shall be the committee to farm out and
dispose of the aforesaid fish, agreeably to their best judgment : pro-
vided, nevertheless, that the fish called alewives shall be disposed of
agreeably to the act to which this is in addition, anything in the act to
which this is in addition to the contrary notwithstanding. — [Febru-
ary 28, 1812.

[1817, 151.]

1813.

[Sp. Laws, vol. 1, p. 166.]
An Act in addition to an Act entitled " An Act to prevent the destruction and to regu-
late the catching of the Fish called Alewives, in their passage up the Rivers and
Streams in the Town of Harwich in the County of Barnstaljle."

1813, 57. Sect. 1. Be it enacted. That the inhabitants of the
town of Harwich be and they are hereby authorized and empowered,
by their committee, annually chosen in the month of March or April,
to dispose of the fish called alewives, as they may think proper.

138 LAWS RELATING TO

Sect. 2. Be it further enacted, That the committee aforesaid shall
pay over to the treasurer of the said town of Harwich, on or before
the first da}^ of Januar}^, annual!}', all the net proceeds of the sale of
said fish, for the use of said town, and any committee, appointed as
aforesaid, that shall neglect or refuse to pay over as aforesaid all the
moneys they shall have received as aforesaid, shall forfeit and pay, for
each offence, a sum not exceeding two hundred dollars nor less than
fifty dollars, to be recovered by their treasurer, for the use of the
inhabitants of said town, by action of debt, in an}' court proper to try

the same. — [June 16, 1813.

[1813, 115.]

[Sp. Laws, vol. 1, p. 166.]

An Act in addition to an Act entitled " An Act to prevent the destruction and to regu-
late the catching of the Fish called Alcwives, in their passage up the Rivers and
Streams in the town of Harwich in the county of Barnstable," passed the fourth daj'
of July, seventeen hundred and eighty-seven ; and also of another Act, in addition
thereto, passed the sixteenth day of June, eighteen hundred and thirteen.

1813, 115. Be it enacted, That an act, passed the fourth day of July,
seventeen hundred and eighty-seven, entitled " An Act to prevent the
destruction of the fish called ale wives, in their passage up the rivers
and streams in the town of Harwich, in the county of Barnstable,"
and also of another act in addition thereto, passed the sixteenth day
of June, eighteen hundred and thirteen, be, and both the said acts
are extended to operate, and shall have effect over all the streams in
the town of Brewster ; and all the regulations, provisions, privileges,
limitations and restrictions contained in the said act to which this is
in addition, so far as they may be applicable to the intents and pur-
poses of this act, shall be used and exercised, and the benefits thereof
enjoyed by the inhabitants of the said town of Brewster, as fully and
completely as if the said town of Brewster had not been separated
from the said town of Harwich ; and this act shall be deemed and
taken to be supplementary to the said act before mentioned. — [Feb-
ruary 12, 1814.

[Sp. Laws, vol. 1, p. 353.]
An Act to regulate the Fishery in Aggawam or Westfield River.

1813, 147. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, any person or persons who shall draw a seine or drag-
net within thirty rods of the lower side of the dam or race-way at
White's mills, on Aggawam River, in the town of West Springfield,
for the purpose of catching shad, alewives or other fish, shall, for each
, and every offence, forfeit and pay the sum of five dollars for each time
he or they shall so draw said seine, together with the forfeiture of the
boat and seine.

INLAND FISHERIES. 139

Sect. 2. Be it further enacted^ That if an}^ person or persons shall
set any pot, net, wearc or hiirdell within thirty rods of said dam or
race-way, for the purpose of catching fish, of any kind, he or they
shall, for each and every offence, severally forfeit and pay the sura of
five dollars for ever}' twelve hours said pot, net, weare or hurdell shall
be placed in the said river, and so in proportion for a greater or less
time.

Sect. 3. Be it further enacted., That any person who shall attempt
to catch fish with a scoop-net within the aforesaid distance of the
lower side of said dam, or in or near the sluice-way made for the pas-
sage of fish through said dam, shall, for each and every offence, for-
feit and pay the sum of one dollar.

Sect. 4. Be it further enacted, That all the fines and forfeitures
incurred b}' a breach of this act, may be recovered in an action on the
case before any justice of the peace for the county of Hampden. —
[F'cbruary 22, 1814.

[1826, 100 ; 1838, 19 ; 1853, 377 ; 1860, 89.]

[Sp. Laws, vol. 2, p. 224.]

An Act to prevent the Destruction of the Fish called Alewives and Shad, in Charles

River.

1813, 183. Sect. 1. Be it e7iacted, That from and after the pass-
ing of this act, if any person or persons shall place or set any seine
or net, or set up, erect or make an}' weares, or place any other incum-
brance whatsoever (mill-dams excepted), in or across Charles River,
for the straightening, obstructing or stopping the free passing of the
fish called shad and alewives, up and down said river, they shall
severally forfeit and pay the sum of fift}' dollars for each and every
offence ; one half of which shall be to the use of the town or towns
within whose limits the offence is committed, and the other half to
him or them that shall complain or prosecute therefor, — or any town
ma}' prosecute by their fish committee.

Sect. 2. Be it further enacted. That if any person or persons
shall draw any seine or net, to take any of the fish aforesaid within
said river, or in any other way take any of said fish, on any other
days than Monday, Wednesday and Friday in each week, every per-
son so oflTending shall Jbrfeit and pay the sum of twenty dollars for
each and every offence, to the use as aforesaid ; and all forfeitures
incurred by any breach of this act may be recovered by information,
or by action on the case, before any court proper to try the same.

Sect. 3. Be it further enacted. That all parts of any acts relating
to the fishery in said river, inconsistent with this act, be and the same
are hereby repealed. — [February 28, 1814.

[1815,56; 1826,76.]

140 LAWS RELATING TO

1814.

[Sp. Laws, vol. 1, p. 191.]
An Act in addition to an Act entitled " An Act to prevent the Destruction of Alewives
and other Fish in Ipswich River, and to encourage the increase of the same, passed
the twenty-eighth day of March, in the year of our Lord one thousand seven hundred
and eighty-eight."

1814, 22. Sect. 1. Be it enacted, That from and after the
passing of this act, it shall not be lawful for any person to take an}-
of the fish called shad or alewives, within four rods next below the
foot of a sluice-way, nor within two rods of the side of a sluice-way
of any mill-dam or dams, now erected, or to be erected hereafter, on
that part of said Ipswich River which lies below Flint's or Merriam's
Mills (except Burnham's Mills, so called), or any stream or streams
running from an^- natural pond into said river (except Mile's River,
so called) ; aud any and every person so offending, shall forfeit and
pay a fine of five dollars.

Sect. 2. Be it farther enacted, That each and ever}- person
who, after the passing of this act, shall make 'any wear, or place
any other obstruction in said river, or in the flooms of any mills, for
the purpose of hindering or retarding the passage of said fish, shall
forfeit and pay for each and every such offence a fine not exceeding
twenty dollars nor less than ten dollars.

Sect. 3. Be it farther enacted, That no person shall be allowed to
use any machinery for taking said fish, other than dip or drag nets or
seines (nor in any place in the aforesaid river and streams, excepting
such places as are appointed and allowed by the fish committee of the
respective towns bordering upon said river), nor shall any person
take any of said fish with seines or drag-nets in said river and
streams, between eight of the clock in the evening and sunrising ;
and every person who shall offend, in either of the above particulars
shall, for each and every such offence, forfeit and pay a sum not ex-
ceeding twenty dollars nor less than ten dollars.

Sect. 4. Be it further enacted, That all fines and forfeitures
which may be incurred by any breach of this act, shall be recovered
and disposed of in the same manner as is provided in the act to
which this is in addition, and that it shall be the duty of the fish com-
mittees in the several towns bordering upon Ipswich River, jointl}' or
severally, to cause this act to be duly observed, and to inform against
any person or persons who ma}' offend against the said act. — [June
13, 1814.

An Act to authorize the Boston Manufacturing Company to shut the Fish Gate in their

Dam across Charles River.

1814, 40. Sect. 1. Be it enacted, That the Boston Manufact-
uring Company have the libertj^ of closing the fish gate in their dam

INLAND FISHERIES. 141

across Charles River, at their works in Newton and Waltham, being
the same mill-dam which formerlj' was owned and occupied by John
IJoies ; and may keep the same shut forever : provided, that said
company, their successors and assigns, shall make and continue in
good repair, a fish- way over said dam, of the same inclination and
width, and admitting the same depth of water, as that now made over
the lower dam across said river in Watertown, near Watertown
bridge, and shall keep the same open from the first day of April to
the first day of June annually. — [June l-i, 1814,

[Sp. Laws, vol. 1, p. 290.]

An Act for further regulating the Fishery in Mattepoisett River, in the Town of

Rochester.

1814, 99. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, the inhabitants of the town of Rochester, at any
meeting legally warned for that purpose, may prohibit the taking any
of the fish called alewives, in Mattepoisett River in said town, for the
present year, excepting at one place therein, to be by them appointed
in said meeting ; and may also, by their vote in such meeting, estab-
lish such mode of taking said fish at such place, as tbey shall think
proper.

Sect. 2, Be it further enacted. That the said inhabitants, at such
meeting, may appoint some person or persons to take said fish in
such place for such year (not exceeding three days in a week) for the
use of said inhabitants, to be disposed of in such way and manner
as the}^ in such meeting, by vote shall agree upon.

Sect. 3. Be it further enacted, That if any person or persons who
shall be so appointed, or any person who shall purchase the exclusive
right of taking said fish at any place in said river, according to the
laws now in force for that purpose, shall not conform to the rules and
regulations for them respectively established by said inhabitants,
such person or persons shall for each breach of such rules and regula-
tions, forfeit and pay to said inhabitants twenty-five dollars, to be re-
covered in an action of debt, in any court proper to try the same. —
[February 10, 1815.

[Sp. Laws, vol. 1, p. 269.]
An Act in addition to an Act entitled " An Act empowering the Town of Pemhroke to
regulate and order the taking and disposing of the Fish called Alewives, within the
limits of said Town."

1814, 128. Sect. 1. Be it enacted, That no person or persons
shall set, draw or cast any seine, drag or set net of any dimensions
whatever, in the North River, so called, in the county of Plymouth,
except from sun's rising to the sun's setting of the Monday's, Wednes-
days and Fridays of each week ; and that no person or persons shall.

142 LAWS RELATING TO

on said days, by boats, seines, drag-nets, or by any other mode, in
the North River, drive any fish into any seine, set net or other recep-
tacle, by which fish may be taken ; and all seines, drag or set nets
cast into said river on the days mentioned in this act, shall be re-
stricted from sweeping in said river, further than can be done b}' con-
fining one end of said seine to the bank of the river aforesaid ; and
no seine, drag or set net shall be set, drawn or cast into said river,
above what is commonly called and known by the name of the Third
Herring Brook, or Smelt Brook ; and no seine used in said river shall
exceed the width of the river wh^re it is used, on the penalty of fifty
dollars for each and every offence, to be recovered and appropriated
in the manner provided for in the act to which this is in addition.

Sect. 2. Be it farther enacted^ That the act supplementary to an
act regulating the taking and disposing of the fish called alewives, in
the town of Pembroke, passed June the twenty-fifth, one thousand
eight hundred and eleven, and the ninth section of an act entitled
' ' An Act empowering the town of Pembroke to regulate and order
the taking and disposing of the fish called alewives, within the limits
of the said town," be and the same are hereb}' repealed. — [February
25, 1815.

[1806, 117.]
An Act for regulating the Fishery in the Towns of Salem and Danvers.

1814,129. Sect. 1. Be it enacted, That all the provisions for the
preservation of fish called shad,* and for regulating the taking the
same, contained in an act entitled " An Act for the preservation of
the fish called alewives, in their passage up the rivers and sti'eams
leading through the towns of Salem and Danvers, in the county of
Essex, and for regulating the taking said fish in said streams, and for
repealing all laws heretofore passed for regulating the fishery in said
streams and rivers," shall be and hereby are extended to the fish
called shad ; and the fish committees of the said towns of Danvers and
Salem shall hereafter have the same powers, authority and privileges,
and be subject to the same duties for the preservation and taking
shad, as they now have and are subject to for the preservation and
taking of alewives.

Sect. 2. Be it further enacted, That the said fish committees, or
either of them, shall be and they are herel)y empowered to make and
open a sluice-way in the brook running from Spring Pond, so called,
and to keep and maintain the same open, and without obstruction,

* This provision, though apparently erroneous by inserting " shad " instead of " ale-
wives," is correctly transcribed from the original roll. The petition prayed for the exten-
sion to shad of the provisions of the existing law in relation to alewives.

By this inadvertence in drawing and engrossing the bill, the provision itself is rendered
wholly inoperative. — Ed.

INLAND FISHERIES. 143

and to shut and close the same up, as the^^ may think expedient, and
also to open and clear the passage-ways and streams leading from
the said pond, for the purpose of enabling 3'oung fish to pass down
from the said pond, from the tenth day of April to the last day of
November, in every year ; and for this purpose the said committees,
or either of them, or any member thereof, shall have authority to go
on the land of auj' person through which the said streams run, or on
which such land ma}' be bounded, without being considered as tres-
passers ; and any person who shall molest or hinder the said com-
mittees, or either of the members thereof, in the execution of this part
of their office or shall obstruct the said sluice-way or passages, other-
wise than may be allowed by said committee or committees, he or she
shall forfeit and pa}' a sum not exceeding fifty dollars nor less than five
dollars, to be recovered and appropriated in the same manner as
forfeitures and penalties for the breach of the act entitled " An Act
for the preservation of the fish called alewives, in their passage up the
rivers and streams leading through the towns of Salem and Danvers,
in the county of Essex, and for the regulating the taking said fish in
said streams, and for repealing all laws heretofore passed for regu-
lating the fishery in said streams and rivers," are recovered and
appropriated : j^i'ovided, that this act shall not give the said com-
mittees, or either of them, any new powers and privileges concerning
the mills, or the sluice or passages ways at the mills on the said
streams, after the first day of June in each year, — [February 27,
1815.

Ax Act to regulate the Fisheries in the Town of Yarmouth.

1814, 134. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, the town of Yarmouth shall be, and hereby are em-
powered and directed, at their meeting for the choice of town officers,
in March or April annually, to choose three or more persons, being
freeholders in the said town, to see that this act be duly observed ;
and each person so chosen shall be sworn faithfully to discharge the
duties required of him by this act ; and the said committee shall meet
together annually, on or before the twentieth day of April, and at
such time and place as they, or a majority- of them shall appoint ; and
the major part of the committee present at such meeting are hereby
authorized and empowered to order the times, places and manner in
which it may be lawful to take any of the fish called herring, alewives,
perch and eels in said town ; and the said committee, or a majorit}'^ of
them, are hereby fully authorized and empowered to cause the natural .
course of the streams through which the said fish pass to be kept open
and without obstruction, to remove such as may be found therein,
and to make the said passage-ways wider or deeper, if they shall

144 LAWS RELATING TO

judge it necessary ; and said committee, or either of them, paying a
reasonable consideration therefor, if demanded, shall have authority,
for those purposes, to go on the land or meadow of any person
through which said stream runs, without being considered as tres-
passers ; and an}' person who shall molest or hinder the said com-
mittee, or either of them, in the execution of the business of his or
their office, or shall obstruct any passage-ways in the rivers, streams,
coves or ponds in said town, otherwise than may be allowed b}' the
said committee, he or the}- shall forfeit and pay a fine for every such
offence, not exceeding ten dollars nor less than three dollars.

Sect. 2. Be it further enacted, That the said committee, ^r a
major part of them present at any meeting duly notified, being not
less than three in number, shall be and hereby are authorized and
empowered to open, or cause to be opened, any dam, or sluice of an}'
mill, or other dam now erected, or that may be hereafter erected on or
over any of the said rivers or streams, between the place where such
rivers or streams empty themselves into the sea, at low Avater, and
the pond in which said fish usually cast their spawns, at the expense
of the owner or owners of such dam or sluice : provided, such owner
or owners shall neglect to open the same when thereto required by the
said committee, or the major part of them, immediately after being
thus required so to do ; and the dam or sluice so opened shall continue
open every year, to such depth and width, and for such term of time
between the first day of April and the thirtieth day of June, as the
major part of said committee shall judge necessary ; and if any person
or persons shall obstruct the said passage-ways allowed or ordered by
the said committee, or the major part of them, in any dam or sluice,
such persons so offending shall, on conviction before any justice of the
peace for the county of Barnstable, pay a fine for every such offence
not exceeding ten dollars, nor less than three dollars ; and the said
committee shall cause every such obstruction to be forthwith removed.

Sect. 3. Be it further enacted, That if any person or persons
shall take any of the said fish in the rivers, streams, ponds or coves
aforesaid, at any time, in any place, or in manner other than shall be
allowed by the said committee as aforesaid, each person so offending,
for each and every such offence, shall, on conviction as aforesaid,
pay a fine not exceeding four dollars nor less than one dollar, if the
quantity of fish so taken is less than one barrel ; but if the quantity
of fish so taken shall be one barrel or more, such person or persons so
offending shall forfeit and pay for each and every barrel of fish so
taken, the sum of four dollars.

Sect. 4. Be it further enacted, That if the committee aforesaid,
or either of them, shall detect any person or persons in attempting to
take any of the said fish at any time, or in any place, or in any man-

INLAND FISHERIES. 145

ner otherwise than is allowed 1)}' the said committee, or shall find
such fish with such person or persons, such person or persons shall be
deemed to have taken the said fish unlawfully, and be subject to the
penalties of this act accordingly, unless such person or persons can
make it appear, on trial, that they came by the said fish in some other
way.

Sect. 5. Be it further enacted, That if anj^ vessel, boat or craft
shall be found within the limits of any of the rivers, streams, ponds
or coves, with any more of said fish than shall be permitted by the
committee aforesaid, it shall be the duty of said committee, and they
are hereby authorized to seize such vessel, boat or craft, and detain
the same, not exceeding fort3'-eight hours, in order that the same ma}'
be attached or arrested by due process of law, and made answerable
for said fines and forfeitures, with cost of suit : provided, however., that
as soon as the owner or master of said vessel, boat or craft shall
pay such fines and forfeitures to the treasurer of said town, if he shall
pay the same before being sued, such vessel, boat or craft shall be
discharged, with the effects therein.

Sect. 6. Be it further enacted, That all the forfeitures incurred by
virtue of this act, shall be to the use of the said town of Yarmouth, to
be recovered by an action on the case, in any court proper to try the
same, to be brought by the treasurer thereof. — [February- 27, 1815.

[1849, 37.]

An Act to regulate the Shad and Alewive Fishery within the Town of Billerica.

1814, 137. Sect. 1. Beit enacted, That it shall and ma}- be law-
ful for the inhabitants of the town of Billerica, at a legal meeting in
the month of March or April, annually, to choose a committee of three
or more discreet persons, to sell, or otherwise dispose of the exclusive
right or privilege of taking shad and alewives in Concord River,
within the limits of said town, at such time and places, and under
such regulations and restrictions, not repugnant to the laws of the
Commonwealth, as said committee shall, from year to year, estab-
lish and determine ; a cop}' of which shall be posted up at three
public places, at least, in the said town ; and the emoluments
arising from said right or privilege sl|all be appropriated to such uses
and purposes as said inhabitants shall, in legal town meeting, from
time to time determine.

Sect. 2. Be it further enacted. That if the purchaser or pur-
chasers of said right, or any person by them employed, shall take any
of said fish in an}' other manner, or at any other time or place than
said committee shall -authorize and allow, or if any person except the
said purchaser or purchasers, or those by them employed, shall take
any of said fish in said river, within the limits of said town, every

146 LAWS RELATING TO

person so offending, or who shall be aiding or abetting therein, shall,
for every offence, forfeit and pay a sum, not exceeding thirteen dol-
lars, nor less than seven dollars, to be recovered b}' action of debt
before any justice of the peace within the county of Middlesex ; one
moiety to him who shall sue for the same, and the other moiety to
the use of the said town of Billerica.

Sect. 3. Be it further enacted^ That said committee shall have
power to determine and establish the price which said purchaser or
purchasers shall have a right to demand and receive for said tish ;
and if an}' such purchaser, or any person acting under their authority,
shall refuse to sell said fish, when in their power so to do, at the
price which shall be determined as aforesaid, of which notice shall
have been given them by said committee, every person so offending
shall, for each offence, forfeit and pay a sum not exceeding ten dol-
lars nor less than five dollars, to the person injured, to be recovered
as aforesaid : provided^ nevertheless^ that nothing in this act contained
shall be construed to take away or impair the authority of any fish-
wardens, or any other persons, derived from an}' existing laws for
regulating the taking of fish in said river, except so far as it relates to
the appropriation of forfeitures for offences mentioned in the second
section of this act. — [February 28, 1815.

[1820, 70.]

An Act to regulate the Shad and Alewive Fishery in the Town of Brighton.

1814, 162. Sect. 1. Be it enacted^ That from and after the pass-
ing of this act, it shall be lawful for the inhabitants of the town of
Brighton, by their agents, to sell the right and regulate the places
and manner of taking the fish called shad and alewives, within the
limits of said town, subject, in all things, to an act passed on the
tweut3'-eighth day of February, one thousand eight hundred, entitled
" An Act to prevent the destruction of the fish called alewives and
shad in Charles River." And the inhabitants of said town, at their
annual meetings in March or April, are hereby authorized and em-
powered to appoint agents, whose duty it shall be to carry into exe-
cution the purposes of this act.

Sect. 2. Be it further enacted, That the agents aforesaid may, for
and in behalf of said town, and to their use and benefit, sell their right,
regulate the places and manner of taking said fish within the limits of
said town, for one or more years at a time, as the town may direct ;
and the proceeds arising from such sale said agents shall be held to
pay over to the treasurer of said town.

Sect. 3. Be it further enacted, That the said agents shall, after
establishing such rules and regulations as the}' may think necessary,
and by determining by whom said fish may be taken, cause an

INLAND FISHERIES. 147

attested copy thereof to be posted up in some public place in said
town ; aud if any person or persons other than those to whom said
right is sold, or persons employed b}' them, shall take any of the fish
called shad aud alewives, within the limits aforesaid, or if any person
or persons to whom said right is sold, or those employed by them,
shall take any of said fish in any other place or in any other manner
than shall be expressed in the conditions of sale, every person so
oflfending shall severally forfeit and pay a sum not exceeding ten dol-
lars nor less than four dollars for each and every oflTence, to be recov-
ered in an action on the case, to the use of an}' person who may
sue for the same, or the town may sue b}' their fish-agents. — [March

1, 1815.

[1826, 76.]

1815.

[Sp. Laws, vol. 1, p. 512.]
An Act for the regulation of the Fishery, in the Town of Maiden.

1815, 43. Sect, 1. Be it enacted, That if any person or persons
shall take or catch any shad or alewives in an}' river, stream or pond,
within the limits of the town of Maiden, in the county of Middlesex,
except as hereinafter b}' this act is provided, each person so offending
shall forfeit and pay a sum, not exceeding twenty dollars, nor less
than ten dollars for each offence, to be recovered in an action of debt,
before any court proper to try the same, in the county of Middlesex,
one half thereof to the use of him or them who shall sue for the
same, and the other half to the use of the said town of Maiden.

Sect. 2. Be it further enacted, That from and after the passing of
this act, it shall be lawful for any and all the inhabitants of said town
of Maiden, to catch shad and alewives within the limits of the said
town on every Monday, Wednesday and Frida}', from sunrising on
each of the said days to sunrising on each of the succeeding days,
from the first day of March to the tenth day of June annuall}', at
such place or places only as shall have been previously determined

by the said town. — [January 27, 1816.

.[1828, 129.]

[Sp. Laws, vol. 1, p. 512.]
An Act for the regulation of the Fishery in Woburn.
1815, 54. Sect. 1. Be it enacted, That the act passed on the six-
teenth day of February, in the year of our Lord one thousand seven
hundred and eightj'-nine, entitled " An Act to prevent the destruction
of the fish called shad and alewives in M^'stick River, so called,
within the towns of Cambridge, Charlestown and Medford, and for
repealing all laws heretofore made for that purpose," shall extend to
the town of Woburn, in the county of Middlesex, and to all the

148 LAWS RELATING TO

streams running from any of the ponds, or other waters there into
Mystick Pond, or Spy Pond, so called, in the same manner to all
intents and purposes that it would have extended in case the said town
of Woburn and the streams aforesaid had been mentioned and con-
tained in the said act ; and that it shall be lawful for any or all the
inhabitants of the said town of "Woburn to take shad and alewives
within the limits of that town, on all such da3's and times as in and
by the act aforesaid are allowed for the inhabitants for the towns
of Charlestown and Medford, respectively, to take said fish, and on
no other.

Sect, 2. Be it farther enacted, That the owner or occupant of any
dam already built, or which may hereafter be built, in or upon an}' of
the streams aforesaid, shall make and maintain a convenient passage-
wa}' for shad and alewives to pass by, through or over such dam, and
keep the same constanth' open and free for said fish to pass up and
down therein, from the fifteenth day of April to the fifteenth day of
July, annually ; and if the owner or occupant of any such dam shall
refuse or neglect to make and build such passage-way, when thereto
requested by a majorit}'^ of the committee, for the preservation of fish
m either of the said towns of Charlestown, Medford or Woburn, or
shall neglect or refuse to open the same on the said fifteenth day of
April annually, or after the same shall have been so opened, shall
shut or obstruct, or permit or suffer the same to be shut or obstructed
within the term aforesaid, he shall forfeit and pay for each and every
such neglect or oflFence the sum of twenty dollars.

Sect. 3, Be it further enacted, That from and after the passing of
this act, the several committees for the preservation of fish, to be
annually chosen in the said towns of Woburn, Charlestown and Med-
ford respectively, shall be chosen by ballot, and shall consist of three
freeholders, who shall not be interested in any such dam as aforesaid ;
and any person who shall be duly chosen a member of either of said
committees, and shall refuse or neglect to qualify himself, by taking the
oath required by law, within seven days next after he shall have been
duly notified of such choice, shall forfeit and pay the sum of twenty
dollars to the use of the town in which lie shall have been so chosen, to
be recovered by the treasurer thereof, in an action of debt in any court
proper to tr^' the same, in the count}' of Middlesex ; and the said
town shall proceed to a new choice ; and so, toties quoties. And it
shall be the duty of each and every member of an}- such committee
to see that the passage-ways aforesaid are made convenient for said
fish to pass up and down therein, and that the}' are kept constantly
open at and during all the time required by this act ; and to open and
clear the same, if any of them shall be found shut or obstructed
within the said term ; and if the owner or occupant of any such dam,

Inland fisheries. • 149

situate as aforesaid, shall neglect or refuse to make and build suoh
passage-way, when thereto requested by a majority of either of the
said committees, it shall be lawful for the committee making such
request, and the}' are hereby directed, to make and build the same ;
and when it shall be completed by said committee, the said owner or
occupant shall pay to said committee double the amount of all the
expenses incurred or sustained by the said committee in making and
building the same, on demand. And the said committee shall have
a right to sue for and recover the same of such owner or occupant in
an action of the case, in any court proper to try the same, in said
county of Middlesex ; and each member of either of the committees
aforesaid shall have full power and authorit}' to do any act in either
of the said towns of Charlestown, Medford and Woburn, ^vhich,
before the passing of this act, might have been lawfully done by a
majority of either of said committees, in the town where such com-
mittee was chosen ; and shall be entitled to and enjoy all the privi-
leges and protection, when acting as such in either of said towns,
which before the passing of this act a majority of either of the said
committees were entitled to and enjoyed, when acting within the lim-
its of the town in which they were chosen.

Sect. 4. Be it further enacted, That it shall be lawful for the
inhabitants of the said town of Woburn, at their annual meeting in
March or April, to sell or otherwise dispose of the privilege of taking
shad and alewives in the streams aforesaid, so far as the same run
wholly within the limits of that town, at such times only as are or
may be allowed by law for said inhabitants to fish, and to fix on and
determine the place or places where said fish shall be so taken, and
appropriate the emoluments arising therefrom to such purpose as the
said town shall determine.

Sect. 5. Be it further enacted^ That if any purchaser or manager
of said fisher}' in said Woburn, shall take or catch any of the said
fish at any other place than the place or places which shall be fixed
on and determined by the said town as aforesaid, and if any person
other than such purchaser or manager, and those in the employ of
such purchaser or manager, when said privilege shall have been dis-
posed of by said town as aforesaid, shall take or catch, or attempt to
catch, any of the said fish within the said town of Woburn, each and
every person so offending shall forfeit and pay the sum of twenty dol-
lars to the use of said town, to be recovered by the treasurer thereof
in an action of debt, in any court proper to try the same in the
county of Middlesex.

Sect. 6. Be it farther enacted^ That all forfeitures which may be
incurred for a breach of this act, not herein otherwise appropriated,
shall be recovered in an action of debt, in the name of any one or

150 LAWS RELATING TO

more members of either of the committees aforesaid, before any court
in the county of Middlesex proper to try the same, to the use of the
town where the plaintiff or plaintiffs in such action shall live at the
commencement thereof; and on the trial of any such action, any
member of either of the said committees shall be a competent witness,
notwithstanding said action may have been commenced and prose-
cuted in the name of such member ; and each of the towns aforesaid
shall be holden to pay the members of their said committee for all
their services and expenses incurred b}'^ them '.respectively in execut-
ing the duties required of them by this act. — [February 2, 1816.

[1861,157; 1864,234.]

[1813, 183.]
An Act to regulate the Shad and Alewive Fishery in the Town of Watertown.

1815, 56. Sect. 1. Be it enacted, That from and after the pass-
ing of this act it shall be lawful for the inhabitants of the town of
Watertown, b3' their agents, to sell the right, and regulate the times,
places and manner of taking the fish called shad and alewives within
the limits of said town ; subject in all respects to an act passed on the
twenty-eighth day of February, one thousand eight hundred and four-
teen, entitled, " An Act to prevent the destruction of the fish called
shad and alewives in Charles River." And it shall be the duty of the
selectmen of said town, as soon as may be after the passing of this
act and forever after, in the month of January in each year, to
appoint, and the}'^ are hereby empowered to appoint, two persons as
agents, whose duty it shall be to carry into execution the purposes of
this act : provided, hoivever, that neither of the agents at the time of
their appointment shall belong to the board of selectmen.

Sect. 2. Be it further enacted, That the agents appointed as
aforesaid shall, for and in behalf of the inhabitants of said town, and
to their use and benefit, as soon as may be after the first appointment
and forever after, in the month of Februar}' in each year, sell the
right at public vendue, and regulate the time, places and manner of
taking the fish called shad and alewives within the limits of said town,
after giving seven days' notice of the time and place of such sale ; and
the proceeds arising from such sale said agents sball be held to pay
over to the treasurer of the town aforesaid.

Sect. 3. Be it fui'ther enacted, That said agents shall make and
establish such rules and regulations as they may think necessary to
promote the interest of the town, and after determining by whom said
fish ma}^ be taken they shall cause an attested copy of such rules and
regulations, and the name of the person or persons hiring the right
to take the fish aforesaid, to be posted up in some public place in said
town ; and if any person or persons other than he or they to whom

INLAND FISHERIES. I5l

said right is sold, or persons employed by him or them, shall take any
of the fish called shad and alewives within the limits of said town, or
if any person or persons to whom said right is sold, or those employed
by him or them, shall take any of said fish contrary to the rules and
regulations made and established by said agents, which rules and
regulations shall be made public at the time and place of sale ; every
person so offending shall severally forfeit and pay a sum not exceed-
ing twenty dollars nor less than five dollars for each and every
offence, to be recovered in an action on the case to the use of an}^
person who ma}' sue for the same, or the agents may sue in the name
of the inhabitants of the town.

Sect. 4. Be it further enacted^ That it shall be the duty of the
town clerk to attend said agents at the time of sale, and to make a
fair record of all such rules and regulations as they shall from time to
time make and establish, and the conditions of such sale, with the
name of such person or persons as ma}' hire the right aforesaid, in a
book to be by him kept for that purpose, and to post all such rules and
regulations as the agents may direct.

Sect. 5. Be. it further enacted^ That an act passed on the second
day of March, one thousand seven hundred and eighty-eight, entitled
" An Act authorizing the inhabitants of Watertown, Weston and
Waltham, in the county of Middlesex, to regulate the taking of the
fish called shad and alewives, within the limits of said towns," be and
the same is hereb}- repealed : provided, nevertheless, that all questions
of the constitutional validit}', and all actions now pending, and
causes of action that have or may arise under the before described
act, shall remain and be the same in any court as they might or
would have been had not said act been repealed. — [February 3,

1816.

[1826,76.]

An Act to regulate the Fisheries in the Town of Dennis.

1815, 83. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, the town of Dennis shall be and hereby is empowered
and directed, at their meeting for the choice of town officers in March
or April annually, to choose three or more persons, being freeholders
in the said town, to see that this act be duly observed ; and each per-
son so chosen shall be sworn faithfully to discharge the duties
required of him by this act ; and the said committee shall meet
together annually on or before the twentieth da}' of April, on such
time as they or a majority of them shall appoint, and the major part
of them present at such a meeting are hereby authorized and em-
powered to order the times, places and manner in which it may be
lawful to take any of the fish called herring, ^.lewives, perch and eels

152 LAWS RELATING TO

in said town ; and the said committtee, or a majority of them, are
hereby fully authorized and empowered to cause the natural course of
the streams through which said fish pass, to be kept open and without
obstruction, to remove such as may be found therein, and to make the
said passage-ways wider or deeper if they shall judge it necessary ;
and said committee, or either of them, paying a reasonable considera-
tion therefor, if demanded, shall have authority for those purposes to
go on the land or meadow of any person through which said streams
run, without being considered as trespassers ; and any person who
shall molest or hinder the said committee, or either of them, in the
execution of the business of his or their office, or shall obstruct any
passage-way in the river, streams, coves or ponds in said town other-
wise than may be allowed by said committee, he or the}^ shall forfeit
and pay a fine for every such offence not exceeding ten dollars nor
less than three dollars.

Sect. 2. Be it further enacted, That if any person or persons
shall take any of the said fish in the rivers, streams, ponds or coves
aforesaid, at any time, in any place or in any manner other than shall
be allowed by the said committee as aforesaid, each person so offend-
ing, for each and every such oflfence shall, on conviction thereof, pay
a fine not exceeding four dollars nor less than one dollar, if the quan-
tit}'^ of fish so taken is less than one barrel, but if the quantity of
fish so taken be one barrel or more, such person or persons so offend-
ing shall forfeit and pay for each and every barrel of fish so taken the
sum of four dollars.

Sect. 3. Be it further enacted, That if the committee aforesaid, or
either of them, shall detect any person or persons in attempting to
take an}" of the said fish, at any time or in any place, or in any man-
ner otherwise than is allowed by the said committee, or shall find such
fish with such person or persons, such person or persons shall be
deemed to have taken the said fish unlawfully, and shall be subject to
the penalties of this act accordingly, unless such person or pei'sons
can make it appear on trial that they came to the said fish in some
other way.

Sect. 4. Be it farther enacted, That if an}' vessel, boat or craft
shall be found within the limits of an}- of the rivers, streams, ponds
or coves, with any more- of said fish than shall be permitted by the
committee aforesaid, it shall be the dut}^ of said committee, and they
are hereb}' authorized to seize such vessel, boat or craft, and detain
the same, not exceeding forty-eight hours, in order that the same may
be attached or arrested by due process of law, and made answerable
for said fines and forfeitures, with cost of suit : provided, hoivever,
that as soon as the owner or master of said vessel, boat or craft shall
pay such fines aud forfeitures to the treasurer of said town, if he

INLAND FISHERIES. 153

shall pa}' the same before being sued, such vessel, boat or craft shall
be discharged, with the effects therein.

Sect. 5. Be it further enacted. That all the forfeitures incurred by
virtue of this act, shall be to the use of the said town of Dennis, to
be recovered by an action on the case in any court proper to try the
same, to be brought b}' the treasurer thereof. — [February 10, 1816.

[1837,135; 1849,37; 1850,48; 1852,68; 1855, 90; 1880,122.]

[Sp. Laws, vol. 1, p. 813.]

An Act to regulate the Fishery within the Town of Middleborough in the County of

Plymouth.

1815, 111. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, it shall not be lawful for any person or persons (ex-
cept as is hereinafter provided) to catch or destroy any of the fish
called alewives, within the limits of the town of Middleborough, or
in Titicut River, so called, either within the limits of the towns of
Bridgewater, Middleborough or Raynham : provided, hoivever, that
it shall and may be lawful for the inhabitants of said town of Middle-
borough to catch said fish with scoop-nets or set nets only, at the
following places in said Middleborough, to wit : at Oliver's works, so
called, three days in each week onl}", to wit : on Mondays, Tuesdays
and Wednesdays, beginning at midnight next succeeding Sunday,
and ending at midnight next succeeding Wednesday ; at the Old Stone
Ware four days in each week, to wit : on Tuesday, Wednesday,
Thursday and Frida}', beginning at midnight next preceding Tuesday,
and ending at midnight next succeeding Friday ; and at Assawamp-
set Brook three days in each week, to wit : Monday, Tuesday and
Wednesday, beginning at midnight next succeeding Sunday, and
ending at midnight next succeeding Wednesday : provided, also, that
the said town of Middleborough shall, at a legal town meeting, dis-
pose of and grant, upon such conditions and under such restrictions
and regulations as said town shall establish for that 3'ear, and so from
year to year, the sole privilege of catching alewives, with seoop-nets
or set nets only, on the days and at the places designated by this act,
to such person or persons as shall give most for the same and give
sufficient security for payment, such person or persons so purchasing
to have the right to take fish, and no other person whatever.

Sect. 2. Be it farther enacted. That if an}- person or persons
shall, at any time or place other than those admitted b}' this act,
catch or destroy any of the fish aforesaid, or by an}^ other means
whatever shall interrupt, impede or hinder the passage of said fish up
the streams, brooks or ponds within said town, or in Titicut River
which divides said town of Middleborough from the towns of Bridge-
water and Ra^-nham, or an}' of the waters connected therewith within
the limits of either of said towns, he or they shall forfeit and pay a

154 LAWS RELATING TO

sum not exceeding twenty dollars nor less than five dollars, to be
recovered by indictment, complaint, or action of debt, in any court
proper to tr}^ the same ; one half to the use of the said town of Mid-
dleborough, the other half to him who shall prosecute or sue for the
same.

Sect. 3. Be it further enacted. That if any person or persons be
found fishing with any seine or net, or other machine and instrument,
or any seine or other instrument which shall be used by any [)erson
or persons contrary' to the true intent and meaning of this act, it
shall be lawful for any person to seize and take such seine, net or
other instrument, to his own use ; and, if prosecuted therefor, to
plead the general issue and give this act in evidence, as though the
same had been specially pleaded.

Sect. 4. Be it further enacted, That said town of Middleborough
shall, at the annual meeting in the month of March or April in each
3'ear, choose four or more persons, being freeholders in said town,
whose dut}' it shall be to see that this act be duly observed, and to
prosecute for all breaches thereof; and each person so chosen, shall
be sworn to the faithful discharge of his duty. And if any person so
chosen shall refuse to serve, he shall forfeit and pay to the use of
said town of Middleborough, the sum of five dollars, to be sued for
and recovered by the town clerk of said town ; and said town shall
immediately proceed to a new choice.

Sect. 5. Be it further enacted, That all laws heretofore made for
the regulation of the fisher\' in the said town of Middleborough be and
the same hereby are repealed : provided, nevertheless, that an act
passed on the sixth day of March, in the year of our Lord one thou-
sand eight hundred and two, for the preservation and regulating of
the taking of the fish called alewives, in the brook running from the
West Quiticus Pond, to the East Quiticus Pond, shall be and remain
in full force ; anything in this act to the contrar}- notwithstanding.

Sect. 6. Be it further enacted, Th&i any justice of the peace for
the county of Plymouth shall be deemed and considered competent
to try an}' action, complaint, or suit, prosecuted under this act, not-
withstanding said justice may be an inhabitant of the said town of
Middleborough. — [February 14, 1816.

[1819, 137.]

[Sp. Laws, vol. 1, p. 422.]
An Act to regulate the Fishery in Taunton Great River.

1816, 119. Sect. 1. Be it enacted. That from and after the twen-
tieth da}^ of March next, it shall not be lawful for an}' person or per-
sons (except as hereinafter provided) to catch alewiACs or any other
fish with seines or nets in Taunton Great River : provided, that it shall

INLAND FISHERIES. 155

and ma}' be lawful for the inhabitants of the several towns situated
on said river, to catch alewives and other fish within the bounds of
their own towns and nowhere else, with seines or nets, four days in
each week only, to wit, on Monday, Tuesday, Wednesday and Thurs-
day, beginning at midnight next succeeding Sunday and ending at
midnight next succeeding Thursday in each week ; and 2^'rovided,
that the towns of Dighton and Wellington shall draw or sweep with
two seines or nets only ; the town of Berkley shall draw or sweep
with two seines or nets only : the town of Taunton shall draw or
sweep with three seines or nets only ; the town of Raynham shall
draw or sweep with three seines or nets only, in said river, within the
time before mentioned ; and no person shall be permitted at any
time to set any seine or net across said river, or in any part thereof,
or in any waters connected with the said river, or make use of any
seine or net of more than twenty rods in length : provided, also,
that each of said towns shall at a legal town meeting, establish
annually the places where the said seines or nets may be used within
the bounds of the respective towns exclusively, and at the same meet-
ing or an adjournment thereof, dispose of and grant for that year, and
80 from year to year, the sole privilege of catching alewives, or other
fish with seines or nets on the days above mentioned, at the places
so established, to such person or persons as shall give the most for
the same, and give suf3acient security for the payment at such time
and in such manner as the respective towns shall order such person
or persons, so purchasing the privilege to have right to fish, and no
other person whatever.

Sect. 2. Be it farther enacted, That if any person or persons shall
draw any seine or net on any day or time other than those before
mentioned, or at any place other than those established by the town
as aforesaid, or shall on any day or at any place, set a seine or net in
or across said river, or any part thereof, or in any waters connected
with the same, he shall forfeit and pay fifty dollars for each and every
such offence, to be recovered by indictment or information, or by
action of debt, in any court proper to try the same ; the one half
thereof to the use of the poor of the town where the oflTence shall be
committed, and the other half to him or them who shall prosecute or
sue for the same.

Sect. 3. Be it farther enacted, That if any person or persons shall
be found sweeping with any seine or net, or if any seine or net shall
be used by any person or persons contrary to the true intent and
meaning of this act, it shall and may be lawful for any person or
persons to seize and take such seine and net to his or their own use,
and if prosecuted therefor, to plead the general issue, and give this
act in evidence as though the same was specially pleaded.

156 LAWS RELATING TO

Sect. 4. Be it farther enacted^ That the several towns aforesaid
shall, at their annual meetings in the month of March or April in each
year, choose three or more persons, being freeholders in their respec-
tive towns, whose duty shall be to see that this act be duly observed,
and to prosecute for all breaches thereof; and each person so chosen
shall be sworn to the faithful discharge of his duty ; and the several
towns shall be holden to make a reasonable compensation to the per-
son so chosen by them respectivel}' for all uecessarj^ services in dis-
charge of their duty under this act. And if any {person so chosen
shall refuse to serve, he shall forfeit and pa}' to the use of the town to
which he belongs the sum of ten dollars, to be sued for and recovered
b}' the town clerk ; and the said town shall immediately proceed to a
new choice.

Sect. 5. Be it further enacted^ That if any person or persons
convicted of any of the offences aforesaid, by indictment or informa-
tion, shall fail to paj' the costs, or any part thereof, of the process on
which he or they shall be convicted, so that the county in which the
conviction takes place shall be chargeable with such costs, the several
towns aforesaid shall reimburse to the said county the same costs in
the following proportions, to wit : the town of Taunton three seventh
parts, ^nd the towns of Dighton and Wellington, two seventh parts,
and the town of Berkley two seventh parts thereof, to be apportioned
and charged b}' the count}' treasurer to the said towns respectively',
and to be assessed by the assessors of the said town with other town
charges.

Sect. 6. Be it further enacted. That all laws heretofore made for
the regulation of the fisher}' in Taunton Great River be and the same
is hereby repealed. — [February 15, 1816.

[1818, 106 ; 1832, 44.]

1816.

An Act to prevent the Taking of Fisb in a Pond called Winchel's Pond in Egremont, in

the County of Berkshire.

1816, 30. Sect. 1. Be it enacted. That from and after the pass-
ing of this act no person or persons shall be allowed to piit or draw
any seine or seines, or put or set any net or nets whatsoever in the
pond called Winchel's Pond, in the town of Egremont, in the county
of Berkshire, for the taking of the fish called pickerel ; and any
and every person who shall presume to take any fish called pickerel
with any seine or net from said pond, shall incur and pay a penalty
of ten dollars for every such offence, and the seine or net shall be
forfeited to the said town of Egremont. as also all the fish so taken,
to be at the disposal of the selectmen of said town.

Sect. 2. Be it further enacted^ That no person or ^jersons shall be

INLAND FISHERIES. 157

allowed to take from said pond, in any way whatsoever, any of the
said fish called pickerel, within said year, and shall incur and pay a
penalt}- of five dollars for every such offence.

Sect. 3. Be it farther enacted^ That all penalties incurred by any
offence against this act may be sued for and recovered in an action of
debt by the treasurer of the said town of Egremont, for the time
being, before any justice of the peace in the said county of Berkshire,
who does not belong to the said town of Egremont ; and all suras of
money so recovered shall be appropriated to the use of said town.
And in case any minor or minors shall offend against this act, or any
part thereof, and thereby incur any of the penalties aforesaid, the
parent, master or guardian of such mtnor or minors shall be answer-
able therefor ; in which cases the action shall be commenced against
such parent, master or guardian (as the case may be) of such minor
or minors respectively, and judgment rendered accordingly in the
same manner and degree as for his or their personal offence. — [June
19, 1816.

An Act for regulating the Fishery in the Town of Gloucester.

Whereas the town of Gloucester, in the county of Essex, have
purchased of Zacariah Stevens, Esq., and opened a passage-way
through his mill-dam for the fish called alewives, into the Cape Pond,
so called, and conveyed into it a number of said fish, at a considerable
expense, whereby a great increase has arisen :

1816,114. Sect. 1. 5e lY ewacfed. That the taking and disposing
of the fish called alewives shall be under the care and management of
a committee of said town, to consist of five persons, to be chosen at
the annual town meeting in March or April, who shall be sworn to
the faithful discharge of their dut}^ and shall distribute the fish that
may be taken by them, or any person or persons under them, as
equalh' as circumstances will admit, to such persons as shall apply
for the same ; and for the fish so supplied, the committee aforesaid
shall demand a sum not exceeding fifty cents for each hundred of fish
so delivered, and account with the treasurer of said town for the
proceeds thereof weekl}', and settle their final account on or before
the last da}' of September annually' ; and the money arising therefrom
shall be paid over to the treasurer of said town and appropriated to
the use of the said town ; and the said committee shall have a reason-
able allowance for their services, and la}- their accounts before the
selectmen of said town for approbation and allowance on or before the
last day of November annually.

Sect. 2. Be it further enacted^ That the said committee, or either
of them, shall have full power and authority to remove from or out of
the rivers, brooks or streams leading to the said pond, any obstruc-

158 LAWS RELATING TO

tions that may be made to the free passing of said fish into the said
ponds, or repassing from thence into the sea ; and tlie said committee,
or either of them, or of such person or persons as shall be employed
by them, going on the land of any person or persons for this purpose,
shall not be deemed or held guilty of trespass. And the said com-
mittee, or the major part of them, shall determine the particular
places where the said fish shall be taken, and give public notice there-
of by posting up one or more notifications in some conspicuous place
or places in said town, on or before the first day of May annually :
provided, however, that the said fish shall not be taken any more than
three days in each week, at the discretion of the committee, and only
between the rising and the setting of the sun on said days ; and pro-
vided, also, that the said committee, or any other person under them,
shall not be authorized to appoint any such place for fishing on the
lands of John Manning, Esq., without his consent.

Sect. 3. Be it further enacted^ That no person shall catch or take
any of said fish in any river, brook or stream leading to or from the
said pond, without the direction of the said committee, or the major
part of them, in writing ; and whoever shall presume, at any time
hereafter to take, kill or haul on shore any of the said fish with seines
or drag-nets, in either of the rivers, ponds, brooks or streams through
which the said fish pass into the said Cape Pond, or shall with any
seine or drag-net, or in any other way obstruct the passage of the said
fish to or from the said pond, or shall obstruct the said committee, or
either of them (or those persons employed by them) in the execution
of their duty ; in all and every of these cases the offenders shall for
each offence forfeit and pay a sum not exceeding twenty dollars nor
less than five dollars, with costs of suit.

Sect. 4. Be it further enacted. That it shall be the duty of the
said committee, or either of them, and they are hereby vested with
full power and authority to sue for and recover, in the name of the
treasurer of the said town, from time to time, all forfeitures incurred
by any breach of this act, before any justice of the peace for the
county of Essex ; and any justice of the peace of the town of Glou-
cester may hear and determine any complaint under this act to the
amount of twenty dollars, his being an inhabitant of the said town
notwithstanding. And in case any minor or minors shall oflTend
ao-ainst any part of this act, and thereby incur any or either of the
penalties aforesaid, in all such cases the parent, master or guardian
of such minor or minors shall be answerable therefor ; and in case of
prosecution of such minor or minors, the action shall be commenced
at^ainst such parent, master or guardian of such minor or minors
respectively, and judgment rendered accordingly ; and all such fines
shall be to the use of said town ; saving where any person shall give

INLAND FISHERIES. 159

information of any breacbi of this act, the informer, upon conviction of
the offender, shall be entitled to one half the forfeiture ; and no person
shall be considered as being disqualified from being a witness on any
trial that may be had pursuant to this act on account of his being an
inhabitant of the said town of Gloucester, or of his being one of the
committee aforesaid.

Sect. 5. Be it further enacted, That it shall be the dut}' of the
committee aforesaid to take care that a sufficient passage be kept
open annuall}- for the young alewives to pass from the said pond to
the sea. — [December 14, 1816.

1817.

An Act to prevent the Destruction of Pickerel in the Town of Great Harrington.

1817, 109. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, whoever shall kill, take or catch any pickerel in any
pond, cove, river or stream within the town of Great Barrington,
other than by or with a hook or hooks and line, shall forfeit and pa}'
the sum of five dollars for each and every pickerel so taken, to be
recovered by an}' person who may sue for the same, to his own use,
before any justice of the peace within the same county. — [February
13, 1818.

[Sp. Laws, vol. 1, p. 290.]
An Act for the Preservation of the Fish called Alewives in Mattapoisett River.
1817, 136. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, any person or persons who shall aid, assist or abet in
the unlawful taking of any of the fish called alewives in Mattapoisett
River, in Rochester, shall incur and be liable to the same forfeiture
or forfeitures as the person or persons actually taking said fish, to be
recovered in the same manner. — [February 19, 1818.

[Sp. Laws, vol. 2, p. 285 ; 1812, 154.]
An Act to regulate the Fishery in Monatiquot River, in the Town of Braintree.
1817, 151. Sect. 1. Be it enacted, That the inhabitants of the
town of Braintree, at their meeting in March or April annually, may
and they hereby are authorized to regulate the taking of the fish
called alewives, shad and smelts in Monatiquot River, within said
town, or to dispose of the privilege of taking the same, to their own
use and benefit, in any manner or way that they may think proper,
which sale shall not exceed three years at one time ; and said regula-
tions when made shall remain in force one year next ensuing, and
afterwards until new regulations, in manner aforesaid, shall be adopted
by the town. And it shall be the duty of said town, at their
aforesaid meeting annually, to choose three discreet persons liy bal-
lot, whose duty it shall be to inspect said river, to cause the regula-

160 LAWS DELATING TO

tions respecting said fisliery to be carried into effect, and to prosecute
all violations thereof that shall come to their knowledge, and who
shall also be sworn to the faithful performance of their duty in like
manner and under like penalties as other town officers : provided^ that
nothing herein contained shall be construed to prohibit the inhabitants
of the town of Braintree from taking smelts for their use and con-
sumption, or any of the inhabitants of the towns of Quincy or Wey-
mouth, for the same purpose, two days in each week, to be agreed
upon by the town of Braintree at their annual meeting in March or
April.

Sect. 2. Be it further enacted^ That the owners or occupiers of
dams across said river shall, during the time said fish are passing up,
constantly keep open a passage through, over or round their respec-
tive dams, sufficient for the passage of said fish, to the satisfaction
of the selectmen of the said town, for the time being, or a major part
Of them, under penalty of a sum not less than twenty nor more than
fifty dollars, for each and every twenty-four hours that they shall
neglect to open a passage as aforesaid, from and after said owner or
occupier has been notified and required in writing by said committee,
for the space of two days so to do.

Sect. 3. Be it further enacted. That if any person or persons
shall make any wear across said river, or cause any obstructions to
the free passage of said fish, contrary to the regulations of the town,
the person or persons so offending shall for each offence forfeit and
pay a sum not exceeding fifty dollars, nor less than one dollar, at the
discretion of the court before whom the same may be tried.

Sect. 4. Be it further enacted^ That all penalties incurred by a
breach of this act, may be prosecuted and sued for before any court
of record proper to try the same, by an}^ inhabitant of said town being
a freeholder ; and no person shall be considered as disqualified from
being a witness on any trial that may be had pursuant to this act, by
reason of his or her being an inhabitant of said town (who is not a
complainant), or of being one of the committee aforesaid.

Sect. 5. Be it further enacted. That the town of Braintree shall
cause to be given to ever}' poor and necessitous family in said town
annually, two hundred of said alewives, and the selectmen of the
said town of Braintree for the time being, shall or may determine
what necessitous or poor family shall be entitled to the benefit of said

fish.

Sect. 6. Be it farther enacted, That all fines and penalties re-
covered for a breach of this act, shall be one third part for the use of
the complainant, and the other two thirds for the use of the town of
Braintree.

Sect. 7. Be it farther enacted. That the committee chosen by

INLAND FISHERIES. 161

virtue of tliis act, shall be compensated for their service by the town
of Braintree, at such rate as the town may agree upon, at the time
the\' arc chosen.

Skct. 8. Be it farther enacted, That an act entitled " An Act to
regulate the taking of fish called alewives, in Monatiquot River in
the town of Braintree," passed on the first day of March, in the year
of our Lord one thousand seven hundred and ninet^'-nine, and an act
entitled " An Act in addition to an Act entitled An Act to regulate
the taking of the fish called alewives in Monatiquot River, in the
town of Braintree," passed on the twenty-eighth da}' of Februar}', in
the year of our Lord one thousand eight hundred and twelve, be and
hereby are i-epealed. — [Feliruary 20, 1818.

[1840,37; 1877,123.]

[Sp. Laws, vol 1, p. 518.]
An Act to prevent the taking of Fish near the Dam, at tbe Canal at South Hadiey

Falls on Connecticut River.

1817, 157. Sect. 1. Be it enacted, That no person or persons at
an}' time hereafter shall take any salmon or shad within one mile and
a half of an}' part of tbe dam in Connecticut River, near the canal
at South Hadiey, with any net, seine, pot, scoop-net or any other
machine or instrument whatever. And if an}- person or persons shall
take or catch an}' salmon or shad, contrary to the true intent and
meaning of this act, each person so oflTending shall, for every such
offence, forfeit and pay a fine of. twenty dollars.

Sect. 2. Be it further enacted. That all nets, seines and other
machines and instruments, used in taking salmon and shad as afore-
said, shall be and hereby are forfeited to any person or persons who
shall prosecute for the same, with costs of suit, to his or their own
use, upon complaint or information to any justice of the peace in and
for either of the counties of Hampshire or Hampden ; who may there-
upon issue his warrant to seize the same, to be kept until trial of the
said complaint or information, which the said justices are hereby
fully authorized to hear and determine.

Sect. 3. Be it further enacted, That all sums of money forfeited
by any breach of this act, shall and may be sued for and recovered
by action or information, with costs of suit, before any justice of the
peace within the counties of Hampshire or Hampden ; and one half
of such fine shall enure to him or them who shall sue or prosecute for
the same; and the other half for the use of the county in which said
action or information shall be prosecuted. And any person or per-
sons aggrieved at the sentence of the justice of the peace, given in
pursuance of this act, may appeal therefrom to the next circuit court
of common pleas, to be holden in the county in which judgment may
be rendered. — [February 20, 1818.

162 LAWS RELATING TO

An Act to prevent the Destruction of Shad and Alewives in the South River, so called,

in the Town of Marshfield.

1817, 162. Sect. 1. Be it enacted, That the inhabitants of the
town of Marshfield, at their meeting for the choice of town officers in
March or April annuall}', be and the^' are herebj^ authorized and
empowered to appoint three or more persons a committee to superin-
tend the taking of shad and alewives, at such places and on such days
as said inhabitants at said meeting shall direct ; which committee shall
dispose of said fish as said town shall order, and shall be allowed such
compensation for all their said services as said town shall think just
and reasonable ; and shall settle their accounts annually with the
selectmen of said town and pay the balance into their hands for the
use of said town.

Sect. 2. Be it further enacted, That the said committee or the
major part of them be and they are hereby authorized to have made
and kept open sufficient sluice-ways at proper times, for the passage
'of said fish up and down said river, through, over or round all dams
for mills or other water-works, which now are or shall hereafter be
made over said river in said town ; and if any p"erson or persons shall
obstruct or impede the passage-ways allowed or authorized by said
committee or a major part of them, for the passage of said fish up and
down said river, or shall by any means whatsoever, hinder the said
fish from passing up and down said river, otherwise than is directed
by this act, such person or persons so oflTending, shall forfeit for ever}"
such oflfence, a sum not exceeding one hundred dollars, nor less than
fifty dollars.

Sect. 3. Be it further enacted, That if any person or persons other
than the said committee or such person or persons as shall be b}' them
employed or permitted, shall take any of the said fish in said river or
any stream that belongs to it, at any time or by an}^ means whatever,
each person so offending shall forfeit and pa}' a sum not exceeding
ten dollars nor less than five dollars for every such offence.

Sect. 4. Be it further enacted. That all penalties incurred by any
breach of the provisions of this act, shall be sued for and recovered
by the treasurer of said town of Marshfield, for the time being, in any
court in the county of Plymouth proper to try the same ; and all sums
of mone}- so recovered, shall be appropriated to the use of said town ;
and in case any minor or minors shall offend against any part of said
act, and thereby incur au}^ or either of the penalties of this act, in all
such cases, the parents, masters or guardians of such minors respec-
tively, shall be answerable therefor ; and in case of any prosecution
of such minor or minors for any of the aforesaid offences, the action
shall be commenced against the parent, master or guardian of such
minor or minors respectively and judgment shall be rendered against

INLAND FISHERIES. 163

them in such case, in the same manner as for his or their personal
offence. — [February 20, 1818.

[1853, 350.]

1818.

An Act to regulate the Fishery in First Herring Brook, in the Town of Scituate. ■

1818, 13, Sect, 1. Be it enacted, That the selectmen of the town
of Scituate shall be fish-wardens in said town, and shall have author-
ity to open necessary and convenient sluice-ways through anj' dam
erected on the First Herring Brook, so called, in said Scituate, and
shall annually form and publish such regulations respecting the pres-
ervation, and the time and manner of taking ale wives in said First
Herring Brook, with suitable fines and penalties annexed to the breach
of said regulations as they may judge proper ; said fines and penalties
to be recovered by action or complaint in au}^ court having competent
jurisdiction : provided, said regulations are not inconsistent with the
constitution and laws of this Commonwealth ; and provided, also, that
the said town of Scituate at any legal meeting for tliat purpose, shall
have power to dispose of the right of fishing in said First Herring
Brook, according to the regulations aforesaid, to such persons and
upon such terms as they may determine to be proper ; and all fines
and penalties which may be recovered for breaches of this act, shall
inure one half to the complainant or person who may sue for and
recover the same, and the other half to the poor of said town of Scit-
uate. And the said regulations which may be so formed and adopted
by the selectmen, shall be recorded in the town records ; and it shall
be deemed sufficient notice to all persons of the publication of said
regulations, by posting them up in three several places in the said
town, as the discretion of the selectmen may direct. — [June 12, 1818.

[1852, 151.]

[1815, 111.]

An Act to repeal all Laws heretofore made for regulating the Alewive Fishery in the
Towns of Bridgewater and Halifax, in the County of Plymouth.

1818, 83. Sect. 1. Be it enacted, That all the laws heretofore
made for regulating the alewive fishery in the towns of Bridgewater
and Halifax, in the count}' of Plymouth, or either of them, or that
may require an}' passage-way for said fish at an}- mill-dam in said
towns, or either of them, excepting Pratt's dam, so called, in Titicut,
he and the same are hereby repealed, so far as they respect either of
said towns. — [February 15, 1819.

An Act to prevent the Destruction of the Fish called Tom Cod and Smelts iu Charles
River, and to regulate the manner of taking the same.

1818, 109. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, if any person or persons shall place or set an}' seine

164 LAWS RELATING TO

or net, or set up, erect or place any obstruction or incumbrance what-
soever (mill-dams excepted) in or across Charles River, whereby the
free passing of the 6sh up and down said river shall be straightened,
obstructed or stopped, they shall severally forfeit and pay the sum of
fifty dollars for each and every offence, one half of which shall be to
the use of him or them that shall sue or prosecute therefor, and the
other half to the use of the town or towns within whose limits the
offence is committed ; or any town may sue in the name of its inhabi-
tants, and in that case the whole penalt}' shall be to the use of the
town thus sueing.

Sect. 2. Be it further enacted, That if any person or persons shall
draw or use an}' seine or net of a greater length than fifteen feet, or
shall make use of more than one net or seine at the same time, to
take any of the fish called tom cod and smelts within said river, or
shall draw any such seine or net on any other of the days of the week
than Monday, Wednesday and Friday, they shall severally forfeit and
pa}' the sum of fort}' dollars for each and every offence, to the use as
aforesaid ; "and all other forfeitures incurred by any breach of this act
may be recovered by an action on the case before any court proper to
try the same : jwovided, that nothing contained in this act shall be
construed to subject any person or persons to any of the penalties
aforesaid by reason of their happening to take any of the said fish
called tom cod and smelts, when they shall rightfully draw or use a
seine or net, the meshes of which are not less than one inch square,
for the purpose of taking shad and alewives, in the usual and proper
season of taking those fish. — [February 19, 1819.

1819.

[Sp. Laws, vol. i, p. 272.]

An Act in further addition to the several Acts for regulating the Fishery in Merrimack

River.

1819, 4. Sect. 1. Be it enacted. That from and after the first day
in July in each and every year, the penalties contained in the several
acts heretofore passed for regulating the fishery in Merrimack River,
shall not extend to or be in force against any person drawing a net
or seine for the purpose of taking the fish called menhaden, or any
other sea or salt water fish, anywhere below Essex Merrimack bridge ;
anything in the several acts before mentioned to the contrary notwith-
standing.— [June 11, 1819.

[Sp. Laws, vol. 3, p. 378.]
An Act respecting the Fishery in the Towns of Rehoboth and Swanzey.
1819, 11. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, if any person or persons shall attempt to take any

INLAND FISHEIUES. 165

shad or alewives with a seine, ov drag-net, or scoop-net, set or draw-
ing in Pahner's River, or the branches thereof, at an}- time or place
otherwise than is allowed by law within the towns of Rehoboth or
Swanze}-. shall forfeit and pay seven dollars for each and every offence,
to be recovered by action of debt in an}' court proper to try the same,
one moiety to him or them who shall prosecute for the same, and the
other moiet}' to the town in which the offence is committed.

Sect. 2. Be it further enacted^ That any seine, drag-net or scoop-
net which shall be found set or drawing in said Palmer's River, or
any branch thereof, with or without the owner of the same, or any
other person, shall be forfeited to the use of the poor of the town in
which the offence is committed ; and if any person or persons shall
make, or cause to be made, any weare within eight rods of another in
said river, he or they shall forfeit and pay a fine of seven dollars, to
be recovered and appropriated as aforesaid. — [June 12, 1810.

[1820, 51 ; 18^6, 130 ; 1837. 184 ]

[Sp. Laws, vol. 1, p. 272]

An Act further regulating the Fishery in Merrimack River and the Streams running

into the same.

1819, 20. Sect. 1. Be it enacted^ That if any person or persons
shall erect or cause to be erected an}- mill-dam or weare, or shall place
any stones, timber, boards, plank or gravel, or any other obstruction
or incumbrance in or across the Merrimack River, or any of the rivers
or streams running into the same, or continue or suffer to be continued
any such obstruction or incumbrance as before mentioned, as hath
heretofore been erected or placed so as to prevent or obstruct the free
passage of the salmon, shad or alewives in their usual course up and
down said rivers and streams, at the time of their passing up to cast
their spaw-n, and returning down of said fish and the young fry ; the
person or persons so offending, instead of the penalty heretofore pro-
vided by law for such offence, shall forfeit and pay a sum not exceed-
ing five hundred dollars, nor less than one hundred dollars, at the
discretion of the court before whom the conviction may be had, to be
recovered by action or indictment ; one half to the use of the county,
and the other half to the person or persons who may sue or prosecute
for the same ; and the court before whom such conviction may be had
shall cause the obstruction to be removed at the cost and charge of
the offender or ofl^enders.

Sect. 2. Be it further enacted, That if any person or persons shall
at any time, with a spear or other instrument or machine, by torch-
light or candle-light, catch, kill oi,- destroy any salmon, shad or ale-
wives in any of the rivers or streams aforesaid, or shall with jack and
spear, by torch-light or candle-light fish for the purpose of catching
jiny salmon, shad or alewives, every such person so offending shall

166 LAWS RELATING TO

forfeit and pay the sum of fifty dollars, to be recovered and appro-
priated as aforesaid.

Sect. 3. Be it further enacted, That if any person or persons shall
catch any salmon, shad or alewives in any part of Merrimack River,
or in any river or stream running into the same, or shall draw or drag
any seine, drag-net or fly-net, or set any net or pot, or use any other
machine, or sufl"er such to be continued or set for the purpose of catch-
ing any of the said fish, in any of the, said rivers or streams, at any
other time or times than by the laws of this Commonwealth are
expressly allowed and permitted, every such person so offending,
instead of the penalty heretofore provided by law for such oflfence,
shall forfeit and pay a sum not exceeding one hundred dollars, nor
less than fifty dollars, to be recovered and appropriated as aforesaid.

Sect. 4. Be it further enacted, That each and every fish-warden,
sheriff, deputy-sheriff, constable and grand juror is hereby empowered
to command the assistance of any person or persons which they or
any of them may judge necessary for carrying this act, and the sev-
eral acts to which this is in addition into full effect, in the same man-
ner as sheriffs are empowered to command aid in a civil or criminal

process.

Sect. 5. Be it further enacted, That all seines, nets and pots, of
every sort and description used for the purpose of catching any of the
aforesaid fish, if found in either of said rivers or streams, or within
the banks of the same on any day or time when by law it is not per-
mitted or allowed to catch any of said fish, each and every such seine,
net, pot or other instrument, shall be forfeited, together with any
boat, in which the same may be found ; and the same may be seized
by a fish-warden, sheriff, deputy-sheriff, constable or grand juror, and
prosecuted for in the same way and manner as by law provided, when
seines are seized for breach of the laws for regulating the fisheries in
said rivers and streams ; and the net proceeds, after paying all costs
and charges, shall be for the sole use of the person who may seize and
prosecute for the same, except when complaint shall be made by any
other person ; in which case the informant or person complaining shall
be entitled to one half, and the other half shall enure to the county
where the offence is or may be committed.

Sect. 6. Be it further enacted, That if any person or persons shall
fish with seine or net more than eighteen rods long in Merrimack
River, or twelve rods long in Concord River, or extend more than one
seine or net on the same fishing grounds at one and the same time,
instead of the penalties heretofore provided by law, shall, for every
such oflfence, forfeit and pay a fine of fifty dollars ; and such seines
and nets, together with the boat or boats so employed, shall be for-

I

INLAND FISHERIES. Ul

feitcd and the same may be seized and prosecuted for in manner
aforesaid.

Sect. 7. Be it further enacted, That it shall be the duty of the
proprietors of the Middlesex Canal to cause to be erected and kept
in repair in said canal, on both sides of said Concord River, such
gates, constructed of wire or other materials, as may be sufficient to
prevent the passage of the fish or young fry through said canal, either
toward Merrimack River or toward Medford ; and shall not allow the
said gates or either of them to be kept open, excepting at the time of
passing any boat or raft, in either direction in said canal ; and no
longer at an}' time, than may be sufficient for the passing of such boat
or raft through the said gates ; and for failure or neglect of the duty
herein enjoined, they shall forfeit and pay a sum not exceeding five
hundred dollars, nor less than one hundred dollars, to be recovered
and appropriated as aforesaid.

Sect. 8: Be it further enacted, That the act entitled " An Act

further regulating the fishery in Merrimack River," passed on the

fourteenth day of June, eighteen hundred and seventeen, be and the

same is herel)y repealed : provided, however, that the said act shall be

in full force as to the prosecutions commenced under the said act. —

[.June 18, 1819.

[1820, 22, 70 ; 1832, 56 ; 1866, 238.]

An Act to prevent the Destruction of Fish in the several Ponds in the Town of Haverhill.

1819, 98. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, no person shall take, catch or kill any pickerel or
other fish in the several ponds in the town of Haverhill, in the county
of Essex, with any instrument whatever, at any time between the
first day of December in each year, and the first day of May following,
and no person shall catch, kill or destroy any pickerel or perch in said
ponds, or in the several brooks running into or out of the same, with
any spear, grapple, seine, net or pot, at any time after the passing of
this act. And every person so offending against the provisions of
this act, shall for each and every oifeuce, forfeit and pay the sum of
two dollars, to be recovered with costs of suit in an action of debt,
by any person or persons who shall sue for the same, to his or their
use, before any justice of the peace within and for the county of Essex.

Sect. 2. Be it further enacted. That the inhabitants of Haverhill,
aforesaid, may, at their annual meeting in March or April, in any
year, by vote, suspend the operation of the prohibitions and restric-
tions contained in the first section of this act, or any part of the same,
for any term of time not exceeding one 3'ear, as to them shall seem
expedient. — [February 7, 1820.

[1848, 12.]

168 LAWS RELATING TO

[Sp. Laws, vol. 2, p. 2U.]
An Act in addition to an Act entitled " An Act for the preservation of the Fish called
Alewives in the Weweantit River in the Connty of Plymouth, and for the regulating
the Taking said Fish."

1819, 118. Sect. 1. Be it enacted, That from and after the
twenty-fifth day of June next, no person shall be liable to pay any
penalt}' or forfeiture for taking fish called alewives in Weweantit
River, or in any pond or stream having connection therewith, from
the twenty-fifth day of June, to the fifteenth day of March, annual!}',
an}' law to the contrary notwithstanding. — [Februar}' 15, 1820.

[1836, 218.]

«

[Sp. Laws, vol. 2, p. 502.]

An Act to repeal all Laws heretofore made regulating the Alewive Fishery in the Town
of Kingston in the County of Plymoutli, so far as they relate to Jones River, above
and including Adams' mill-dam, so called, and also so far as they relate to Stony
Brook in said Town.

1819, 125. Sect. 1. Be it enacted, That all the laws heretofore

made regulating the alewive fisher}' in the town of Kingston, in the

county of Plymouth, so far as they relate to Jones River, aboA'e and

including Adams' mill-dam, so called, and also so far as they relate to

Stony Brook in said town, be and the same are hereby repealed. —

[February 21, 1820. .

[Sp. Laws, vol. 1, p. 422.]
An Act to regulate the Fishery in Taunton Great River.

1819, 133. Sect. 1. Be if enacted, That from and after the pass-
ing of this act, it shall not be lawful for any persons, except as is
hereinafter provided, to catch shad and alewives with seines or nets in
the Taunton Great River, from the fifteenth day of March to the first
day of June in each year : provided, that it shall and may be lawful
for the inhabitants of the several towns situated on said River, to catch
shad and alewives with seines or nets in said river, with twelve seines
or nets only, in the manner following, to wit : the towns of Wellington,
Dighton, Somerset, Freetown and Troy shall each have the right of
disposing at public auction, for their own benefit, of the privilege of
catching shad and alewives with one seine or net only ; the towns of
Berkley and Raynham shall each have the right of disposing at public
auction, for their own benefit, of the privilege of catching shad and
alewives with two seines or nets only ; and the town of Taunton shall
have the right of disposing at public auction, fur their ow^n benefit,
of the privilege of catching shad and alewives with three seines or
nets only, in the river aforesaid, for the time aforesaid ; and the
piu'chaser or purchasers of the privileges which shall be located in the
towns of Raynham and Taunton shall not have a right to sweep with
a seine or net more than fifteen rods in length ; and the towns of

INLAND FISHERIES. 169

Berkle}' and Wellington shall not have a right to sweep with a seine
or net more than twenty' rods in length, and but four days in each
week, beginning at four o'clock on Morfda3' morning and ending at
four o'clock on P'riday morning ; the purchaser or purchasers of the
privilege or privileges which shall be located in the town of Dighton
shall haA^e a right to sweep with a seine or net, thirty rods in length
and no more, five days in each week, beginning at four o'clock on
Monday morning and ending at four o'clock on Saturday morning ;
and the purchaser or purchasers of the privilege or privileges which
shall be located in either of the towns of Somerset, Freetown or Troy
shall have a right to sweep with a seine or net, forty rods in length
and no more, five da3's in each week, beginning at: four o'clock on
Monda}' morning and ending at four o'clock on Saturda}' morning ;
and }^rovided, also, that each of the said towns shall, at a legal meet-
ing between the first day of September and the last day of December
in each year, dispose and make sale of, at public auction, for the next
year, and so from year to year, their privilege or privileges of catch-
ing shad and alewives with seines or nets in the river aforesaid for
the time aforesaid, to such person or persons as shall offer the most
for the same and give sufficient security for the payment of the pur-
chase money, at such time and in such manner as the respective towns
shall order.

Sect. 2. Be it further enacted, That the several purchasers of the
respective privileges aforesaid, shall select the place where they in-
tend to use their seine or net for the purpose of catching shad and
alewives, and shall file a certificate thereof with the clerk of the town
within which the}' have determined to exercise their said privilege as
aforesaid, on or before the first da}- of March in each year : provided,
that the privilege which shall be purchased of the said town of Som-
erset shall be exercised within the limits of said town ; and the person
or persons so purchasing and locating the privileges aforesaid, shall
have the right to catch shad and alewives in the river aforesaid, for
the time aforesaid, and no other person.

Sect. 3. Be it further enacted, That no purchaser of a privilege, as
aforesaid, shall make use of a seine or net for the purpose aforesaid,
at any other place in said river than the place so selected and certified
as fiforesaid, during the time aforesaid ; and no two seines shall be
located or swei)t within half a mile of Robinson's bridge, so called, in
Raj'nham ; and no seine or net shall be swept more than forty rods
on the bank of said river ; and no two seines shall be allowed to be
swept within the same limits, on the same side of said river ; and no
person whatever shall be permitted to set any seine, net, weare or
other obstruction, in or across said river or any part thereof, or any
waters connected with said river (Broad Cove, so called, in Somerset,

170 LAWS RELATING TO

excepted), for the purpose of taking shad or alewives, or obstructing
their passage along the said river, during the time aforesaid.

Sect. 4. Be it further enacted, That if an}- person or persons shall
draw or sweep with any seine or net, on any day or time other than
as before expressed, or at any other place than those selected and
located as aforesaid ; or shall on any da^' or at any place set any
seine or net, weare or other obstruction in or across said river, or any
part thereof, or an}' waters connected with the same (Broad Cove
aforesaid, excepted), with the intention to catch or destro}' any of
the fish called shad or alewives within the time limited in the first
section of this act, he or they shall forfeit and pay fifty dollars for
each and every such offence, to be recovered by indictment or inform-
ation, to the use of the county in which the offence shall be commit-
ted, or by action of debt ; one half thereof, after deducting all
necessary expenses of the prosecution, to the use of him or them who
shall sue for the same, and the other half to the use of the town in
which the offence shall be committed.

Sect. 5. Be it further enact ed, That if any person or persons shall
be found sweeping with any seine or net, or if any seine or net shall
be used by any person contrary to the true intent and meaning of this
act, it shall and may be lawful for any fish-warden or inspectors, to
be chosen by virtue of this act, or the law regulating the fishery in
the town of Middleborough, to seize or take such seine or net and
convert and retain the same to his or their own use or benefit, without
any suit or process whatsoever ; and if prosecuted therefor, to plead
the general issue and give this act in evidence as though the same
had been pleaded special!}-.

Sect, 6. Be it farther enacted, That the several towns aforesaid
shall, at their annual meetings in the month of March or April, choose
by ballot three or more suitable persons, being freeholders in said
town, as fish- wardens, whose duty it shall be, jointly and severally, to
see that this act is enforced, and to prosecute for all breaches thereof;
and each fish-warden so chosen shall be sworn to the faithful dis-
charge of his duty ; and the said fish-wardens, when sworn, are
authorized to measure seines and nets, and to pursue and execute the
duties of their office in any place within the towns aforesaid. And if
any person chosen a fish-warden as aforesaid, shall refuse or neglect
to be sworn as aforesaid, for the space of five days after he shall be
duly notified of his election as aforesaid, he shall forfeit and pay a
fine of ten dollars, to the use of such town, to be recovered by action
of debt by the treasurer thereof, and such town shall proceed to a new
choice ; and so on, as often as circumstances shall require. And if
any of the towns aforesaid shall neglect to choose fish-wardens as
aforesaid, or to make sale of their privileges aforesaid, within the

INLAND FISHERIES. ' 171

time liiuited therefor, according to the meaning of this act, siicli town
shall forfeit and pay a fine of one hundred dollars, for the use of him
or them who shall prosecute for the same.

Sect. 7. Be it further enacted^ That all the laws heretofore made
for the regulation of the fishery in Taunton Great River (except so
far as respects the town of Middleborough) , be and the same are
hereby repealed : provided, however, that any prosecutions which have
been or may be commenced for the recover}' of any forfeitures incurred
b}' virtue of the laws hereby repealed, ma}^ be prosecuted to final
judgment and execution, in the same manner as if this act had not
been passed ; and provided, also, that all contracts made prior to the
passing of this act, by any of the towns aforesaid, respecting the fish-
er}'^ aforesaid, by virtue and in pursuance of the laws hereby repealed,
shall be valid to all intents and purposes ; this act to the contrary
notwithstanding ; and provided, further, that the inhabitants of the
respective towns aforesaid, who have not already disposed of their
privileges as aforesaid, for the present year, by virtue and in pursu-
ance of the laws hereby repealed, shall and may dispose of the same
at any time before the first day of March next. — [February 21, 1820.

[1822, 38.]

[Sp. Laws, vol. 1, p. 313.]
An Act regulating the Taking of Fish called Alewives in the Town of Middleborough.

1819, 137. Sect. 1. Be it enacted. That from and after the passing
of this act, it shall and may be lawful for the inhabitants of the town
of Middleborough, in the county of Plymouth, to take the^fish called
alewives at the Old Stone Wear, so called, in sard town, on Wednes-
day, Thursdaj", Friday and Saturday of each week during the time
said fish are allowed to pass the aforesaid place, and at no other time
at the place aforesaid ; any law to the contrary notwithstanding. —

[February 21, 1820.

[1837, 193.]

1820.

[Sp. Laws, vol. 1, p. 272.]

An Act to suspend the operation of the Seventh Section of an Act entitled "An Act fur-
ther regulating the Fishery in the Merrimack River and the Streams running into the
same,"

1820, 22. Sect. 1. Be it enacted. That the seventh section of an
act entitled "An Act further regulating the fishery in Merrimack River,
and the streams ruqning into the same," passed on the eighteenth
da}' of June, in the year of our Lord one thousand eight hundred and
nineteen, be and the same is hereby suspended in its operation, until
the first day of April next. — [June 17, 1820.

172 ' LAWS RELATING TO

An Act to regulate Passage-Way for Fish through the Dam near the Mouth of Concord

River, in the Count}' of Middlesex.

1820, 38. Sect, 1. Be it enacted, That so long as there shall be
kept and upheld a dam across Concord River, between the towns of
Chelmsford and Tewksbiuy, in the county of Middlesex, where the
dam of Thomas Kurd's factory now is situated, it shall be the duty
of the owner, occupant or person upholding said dam, to cause to be
made a sluice or passage-way, for flsh to pass freely up and down the
river through said dam ; and the same shall be constructed with a
permanent mud-sill, to be placed at the bottom of the natural chan-
nel of said river, and to extend from the shore of the island in said
river, not less than fifteen feet towards the factory, in the direction of
the present dam, with permanent abutments, and a cross timber at
the top not less than thirty inches above the mud-sill ; and the whole-
of said passage- w'ay shall be kept open, from the first (\ixy of April to
the twentieth da}' of May in each year, except only that when by
reason of the falling of the water in said river, there shall not be
more than twelve inches of water above said mud-sill, the said
passage-waj' may, with the advice and consent of the fish-wardens
of the towns of Chelmsford and Tewksbury, given in writing, be
diminished in proportion to the depth of the water : provided, hoivever,
that it shall never be reduced to a less depth than five feet from the
abutment on the west side.

Sect. 2. Be it further enacted. That so long as the owner, occu-
pant or person upholding said dam shall cause to be made and kept a
sluice or passage-way for fish through said dam, of the dimensions and
constructions aforesaid, according to the true intent and meaning of
this act, he shall not be liable to any penalty or prosecution by force
of any act relative to the obstruction of the passage of fish up and
down said river.

Sect. 3. Be it farther enacted, That no person shall be permitted
to obstruct the free passage of fish during the aforesaid months of
April and Ma}', b}' taking them in any manner, at the said passage-
way.

Sect. 4. Be it further enacted, That this act shall continue in force
for the terra of ten years and no longer. — [January 24, 1821.

[Sp. Laws, vol. 3, p. 378.]

An Act in addition to the several Acts heretofore passed, to regulate the Fishery in

Ilehoboth and Swanzey.

1820,51. Sect. 1. Be it enacted, Tha,i no person whatever shall
be permitted to set any seine, net, weare or other obstruction across
Palmer's River iu Swanzey, at any time between the first day of
April and the twentieth day of June in each year, for the purpose of

INLAND FISHERIES. 173

olistriicting the passage of fish up the said river into Rehoboth ; and if
an}' person or persons shall, within the time aforesaid, set anj- seine,
net, weare or other obstruction across said river for the purpose afore-
said, he or they shall forfeit and pay a fine of seven dollars for each
and every such offence, to be recovered b}' action of debt, one half to
the use of him or them who shall prosecute therefor, and the other
half to the use of the town in which the offence shall be committed ;
and such seine or net so set across said river shall also be forfeited
to the use of hiui or them who shall prosecute for the same. — [Feb-
ruary 9, 1821.

[1836, 130.]

[Sp. Laws, vol. 1, pp. 238, 512.] '

Ax Act for the regulation of the Shad and Alewife Fishery in Cambridge, Charlestown,

Medford and West Cambridge.

1820, 67. Sect. 1. Be it enacted^ That the act passed on the
sixteenth day of Februaiy, in the year of our Lord one thousand
seven hundred and eighty-nine, entitled "An Act to prevent the
destruction of the fish called shad and alewives in Mystic River, so
called, within the towns of Cambridge, Charlestown and Medford,
and for repealing all laws heretofore made for that purpose," shall
be taken and construed to extend to the town of West Cambridoe in
the county of Middlesex, as full}', to all intents and purposes, as if
the town of West Cambridge had been originally named in said act ;
and it shall be lawful for the inhabitants of the said town of West
Cambridge to catch and take any of the said fish within the limits of.
said town, on all such days and times as by the provisions of the
act aforesaid it is made lawful for the inhabitants of the said town of
Cambridge to catch them, and on no other days or times.

Skct. 2. Be it farther enacted, That an}' member of the several
committees for the preservation of fish, annually to be chosen in each
of said towns of Cambridge, Charlestown, Medford and West Cam-
bridge, shall have full power and authority to do any act or thing
in any or either of the said towns which heretofore might have been
lawfully done b}^ a majority of either of said committees within the
town where such committee was chosen, and shall be entitled to and
enjoy all the privileges and protection, when in the exercise or dis-
charge of their duties in either of said towns, which a majority of
either or any of the said committees were heretofore entitled to and
enjoyed, when acting in discharge of their said duties within the limits
of the particular town for which such committee was chosen. And any
person who shall disturb or hinder any or either of said committee-men
in the execution of the duties of their said office, shall forfeit and pay
for every such offence a sum not exceeding twenty dollars nor less than
ten dollars ; and each and every pecuniary penalty to be forfeited and

174 . LAWS RELATING TO

paid by the aforesaid act for a breach or violation of any of the pro-
visions thereof, is hereby raised and increased to a sunj not exceeding
twenty dollars nor less than ten dollars, in lieu of the sums therein
mentioned, to be forfeited and paid respectively.

Sect. 3. Be it further enacted, That for the better securing to
the said towns of Cambridge, Charlestown, Medford and West Cam-
bridge their equal benefit from said fishery, the said town of Medford
shall be restricted to fish only on the ebb-tide, on such days as b}' the
act aforesaid are provided for the inhabitants of said Medford to take
said fish ; and every person who shall take or catch any of said fish
upon the flood-tide, any net, seine or other fishing implements for the
purpose of catching any of said fish, or to obstruct their passage up
or down said rivers, streams or waters aforesaid, shall for each and
every such offence incur the like forfeitures and penalties as shall be
incurred by force of this act, by any person who shall catch or take
any of said fish contrary to the provisions of the act mentioned in the
first section of this act.

Sect. 4, Be it further enacted, That the inhabitants of the said
town of Charlestown shall be prohibited and restricted from setting or
continuing any net, seine or other fishing implement in any of the
rivers, streams or waters aforesaid, only wliile actually drawing or
dragging for said fish, except as is hereinafter provided ; and every
person who shall, within the town of Charlestown, set or continue any
such net, seine or other fishing implement in any of the rivers or
waters aforesaid, which may stop or obstruct the passage of said fish
up or down the same, unless such person, at the same time, shall be
actually engaged in drawing or dragging for said fish, except as is
hereinafter provided, shall, for each and every such offence, incur like
forfeitures and penalties as shall be incurred by force of this act, by
any person who shall catch any of said fish contrary to the provisions
of the act mentioned in the first section of this act : provided, never-
theless, that nothing herein contained shall be construed to deprive the
said inhabitants of Charlestown of the right of setting and having one
stationary net or seine in Little River, so called, at any and all times
between the hours of twelve of the clock at noon and twelve of the
clock on the following night, on all such days as are lawful for said
inhabitants to take said fish.

Sect. 5. Be it further enacted. That no net, seine or other fishing
implement shall ever be placed or used in the said Mystic River, nor
in the said Little River, within fifteen rods from the point where the
waters from those two rivers meet ; and every such net, seine or other
fishing implement which shall be found situated in either of said rivers
contrary to the provisions aforesaid, shall be wholly forfeited to the
use of any person who shall find the same ; and every person who

INLAND FISHERIES. 175

shall be guilty of placing or putting any such net, seine or other fish-
ing implement in either of said rivers, within fifteen rods from the
meeting of the waters of those rivers as aforesaid, shall forfeit and
pay for each and every such offence, the sum of twenty dollars, to
be recovered before any justice of the peace for said count}' of
Middlesex. And any person who shall be guilty of opposing or
hindering the removal of any net, seine or fishing implement which
shall be found situated in either of said rivers, contrary to the pro-
visions of this section, shall forfeit and pay the sum of twent}'
dollars, to be recovered in the same manner as the forfeiture last
above mentioned.

Sect. 6. Be it further eyiacted, That any person or persons who
shall at any one time catch or have in his or their possession, within
either of said towns of Cambridge, Charlestown, Medford or West
Cambridge, any of said fish, after they have cast their spawn, to the
number of twenty or upwards, shall forfeit and pay for each and
ever}' offence, a sum not exceeding twenty dollars, nor less than ten
dollars.

Sect. 7. Be it further enacted, That every net, seine or other fish-
ing implement which shall be placed or used in any of the rivers,
streams or waters aforesaid, within either of said towns, contrar}'
to the provisions of this act, as also all fish that shall be taken con-
trar}' to an}' of the provisions of either of said acts, shall all be for-
feited to the use of an}- person or persons who shall detect or discover
any of such fish to be taken as aforesaid, or any such net, seine, or
other such fishing implement to be situated or used as aforesaid ; and
all forfeitures or penalties to be incurred for a breach of either of the
acts aforesaid, shall be recoverable by any of the inhabitants of either
of said towns of Cambridge, Charlestown, Medford and West Cam-
bridge, in an action of debt, before any court proper to try the same ;
one half the amount thereof to the use of the plaintiff in such action,
and the other half thereof to the town where he belongs. — [February
14, 1821.

[1845, UO.]

[1811, 175; 1814, 137.]
An Act to regulate the Passage-Way for Fish through the Canal Mill-Dam, in Billerica,

and for other Purposes.

1820, 70. Sect. 1. Be it enacted, That so long as there shall
be kept and upheld a dam across Concord River, in the town of
Billerica, where the mill-dam of the proprietors of the Middlesex Canal
now is situated, there shall be kept open at the usual place in said
dam, a sluice or passage-way for the fish to pass up and down the
river through said dam, from the first day of April to the twentieth
day of May in each year ; which sluice or passage-way shall be con-

176 LAWS RELATING TO

structed with a permanent mud-sill, to be placed upon the bottom of
the natural channel of said river, with permanent abutments and a
cross timber at the top, not less than thirty inches above the mud-sill,
and shall not be less than fifteen feet in breadth, except onl}' when
b}' reason of the falling of the water in said river, there shall not be
more than twenty-four inches of water above said mud-sill, the said
passage-wa}- with the advice and consent of the fish-wardens of Bil-
lerica, given in writing, ma}' be diminished in proportion to the depth
of the water : provided^ however, that it shall never be reduced to a
less breadth than six feet.

Sect. 2. Be it further enacted^ That so long as said proprietors,
occupant or person upholding said mill-dam, shall cause to be kept
open a sluice or passage-way for fish through said dam, of the dimen-
sions aforesaid, and for the time aforesaid, neither of the said pro-
prietors, or any tenant or occupant of said mill or mill-dam, shall be
liable to anj' penalty or prosecution whatever, by force of any act rel-
ative to the obstruction of the passage of fish up and down said river.

Sect. 3. Be it further enacted. That the seventh section of an act
entitled " An Act further regulating the fishery in the Merrimack
River, and the streams running into the same," passed the eighteenth
da}' of June, one thousand eight hundred and nineteen, be, and the
same is hereby repealed. — [February 14, 1821.

1821.

[1819, 20.]
An Act to prevent the Destruction of Fisb in the Town of Framinghani.

1821, 15. Sect. 1. Be it enacted^ That from and after the pass-
ing of this act, it shall not be lawful for an}' person to set or use
more than one hook, at any one time, on any of the ponds or streams
within the town of Framinghani, in the county of Middlesex ; nor
shall it be lawful for any person or persons to draw any seine or net,
in any of the ponds or streams in said town ; nor shall it be lawful for
any person to set any pot or net in any of the streams aforesaid. And
if any person or persons shall, after the passing of this act, be found
using or setting more than one hook, at any one time, such person or
persons shall, for each hook so set or used, after the first, forfeit and
pay a sum not less one dollar ; and if any person or persons shall,
after the passing of this act draw any seine or net in any of the ponds
or streams within said town, or shall set any pot or net within any of
the streams aforesaid, he or they so offending, shall forfeit and pay a
sum not less than five dollars, and shall forfeit the pot, seine or net
so used to the use of the said town.

Sect. 2. Be it further enacted, That all penalties incurred by any
breach of this act, may be recovered by any person who shall sue for

INLAND FISHERIES. 177

the same iu any court in said count}' of Middlesex, [iroper to try the
same. And if any minor or minors shall offend against the provi-
sions of this act, and shall thereby incur any of the penalties aforesaid,
the parent, master or guardian of such minor or minors shall be
answerable therefor ; in which case the action shall be commenced
against such parent, master or guardian (as the case ma}' be) of such
minnr or minors, and judgment rendered accordingly : provided, how-
ever, that the inhabitants of said town of Framingham may, at their
meeting in March or April annually, suspend in whole or iu part, the
provisions and restrictions of the act aforesaid, for any term of time,
not exceeding one year. — [June 15, 1821.

[Sp. Laws, vol. 1, p. 191.]
An Act to empower the Proprietors of Flint's Mills, on Ipswich River, to alter the Pas-
sage for the Fish in the Dam of said Mills.

1821, 27. Sect. 1. Be it enacted. That the proprietors of Flint's
mills, in Middleton, in the county of Essex, be, and they hereby are
authorized and empowered to discontinue the way now required by
law to be kept open for the passage of fish through the dam of said
mills, any law to the contrary notwithstanding : provided, nevertheless,
that the said proprietors shall cause to be constructed on the southerly
side of said dam, within six months from and after the passing of this
act, a good and sufficient passage for the fish, and shall keep the
same in good repair ; which passage shall be approved and allowed
b}"^ the major part of a committee to be composed of the fish-wardens
of the towns of Danvers and Middleton, in the county of Essex, and
the town of Reading in the county of Middlesex. — [June 16, 1821.

An Act to regulate the Pass-way for Fish in Beaver Brook, in the Town of Dracut.

1821, 62. Sect. 1. Be it enacted. That instead of the passway
now required b}' law to be kept in said brook at the mills owned by
Artemas Stanley and Sewall Stanley in the town of Dracut, iu the
county of Middlesex, the owners shall be, and hereb}' are required to
keep open a passway for the passage of fish called alewives, of the
following dimensions : beginning at the dam, near the factory floom,
six feet in width, on a level with the bottom of said floom, and run-
ning by the side of said floom to the factor}' wall, then turning and
running twenty feet down b}' the side of said dam, three feet and a
half wide, with stoppers on each side, with a board or plank, to be
placed across the head of said course, six inches in width, and the
said head to keep open and in sufficient repair at all times while said
fish are passing up and down said brook.

Sect. 2. Be it further enacted. That so long as the owners of said
mill shall keep open said course and in good repair in the manner
aforesaid, they shall not be subject to any of the penalties or restric-

178 LAWS RELATING TO

tious of an}' law regulating the passage of fish in the said brook ; and
no person or persons shall be allowed to take any fish in said course,
or within thirty feet of the same, in an}' wa}' or manner, under a pen-
alty of five dollars, to be recovered in an action of debt in any court
proper to try the same, to be for the use of him or them who may sue
therefor.— [February 8, 1822.

[1834, 117.]

An Act for the preservation and regulation of the Fishery in the Towns of Fairhaven,
New Bedford, Dartmouth and Westport.

1821, 97. Sect. 1. Be it enacted. That from and after the first
day of March next it shall not be lawful for any person living without
the jurisdiction of this Commonwealth, to take au}'^ lobsters, tautog,
bass or other fish within the harbors, streams or waters of the towns of
Fairhaven, New Bedford, Dartmouth and Westport, for the purpose of
carrying away from said waters in smacks or vessels owned without
the Commonwealth, of an}' size, nor any owned within this Common-
wealth over fifteen tons ; and any ami every person offending against
the provisions of this act shall forfeit and pay the sum of ten dollars
for every offence, and also forfeit all the fish and lobsters so taken.

Sect. 2. Be it further enacted. That the waters and shores of said
towns of Fairhaven, New Bedford, Dartmouth and Westport shall be
considered and taken by this act to extend from the line of the state
of Rhode Island to the line of the county of Plymouth, including all
the waters, islands and rocks lying within one mile of the main land.

Sect. 3. Be it further enacted. That all fines and forfeitures that
may be incurred for offences against this act, shall be one half to him
or them who may first sue for the same, and the other half to the use
of the town to which the complainant belongs ; and the said fines and
forfeitures may be recovered with legal costs of suit, by action of debt
or information, before any justice of the peace for the county of Bris-
tol ; and any person or persons aggrieved at the sentence of the jus-
tice of the peace, given in pursuance of this act, may appeal therefrom
to the next court of common pleas, to be holden in the county in
which judgment may be rendered. — [February 22, 1822.

[Public Statutes, 91.]

1822.

[Sp. Laws, vol. 1, p. 422.]

An Act in addition to an Act entitled "An Act to regulate the Fishery in Taunton

Great River."

1822, 38. Sect. 1. Be it enacted, That from and after the passing
of this act, it shall not be lawful for the purchaser or purchasers of
any privilege of catching shad or alewives of any of the towns sit-
uated on Taunton Great River, to locate the place or places on said

INLAND FISHERIES. 179

river for the purpose of catching said fish, or sweep or use seines or
nets for that purpose, within one luindred rods of the mill-dam lately'
erected across said river b}* Samuel Crocker and others, near King's
Bridge, so called ; anything in the act entitled " An Act to regulate
the fisher}' in Taunton Great River," to which this is an addition, to
the contrary notwithstanding.

Sect. 2. Be it farther enacted. That it shall not be lawful for the
said purchaser or purchasers, or an}' other person, to impede, inter-
rupt, or turn the course of the fish within the distance of one hundred
rods of the mill-dam aforesaid, for the purpose of taking said fish
without or beyond that distance.

Skct. 3. Be it further enacted, That any person dul}' convicted of
a breach of the second section of this act, shall forfeit and pay the
sum of fift}' dollars for each and every such oflience, to be recovered
and appropriated in the manner provided in the fourth section of the
act to which this is in addition. — [Januarj- 21, 1823.

[Sp. Laws, vol. 2, p. 148.]

An Act to prevent the Destruction of the Fish called Pickerel or Pike in the Ponds in
the Towns of Braintree, Canton and Randolph, in the County of Norfolk.

1822, 54. Sect. 1. Be it enacted, That from and after the first
day of March next, it shall not be lawful for an}' person or persons to
take any fish called pickerel or pike in any of the ponds called the
Great Pond in the towns of Braintree and Randolph, and the Little
Pond in the town of Braintree, and the pond called Ponkapoag in the
towns of Canton and Randolph, from the first day of December to
the first day of April, in each and every year ; and every person
ofl^ending, contrary to the true intention and meaning of this act,
upon conviction thereof before any justice of the peace in the county
of Norfolk, shall pay a fine of fifty cents for each and every pickerel
or pike so taken, to and for the use of the person who shall sue for
the same, together with all legal costs of prosecution : provided,
nevertheless, that either of the towns of Braintree, Canton or Ran-
dolph, may, at their annual meetings in the month of March or April,
suspend the aforesaid act, so far as respects the ponds in their respec-
tive towns, for the term of one year.

Sect. 2. Be it further enacted. That all prosecutions for any viola-
tions of the provisions of this act shall be instituted within thirty
days from the time of committing the same. — [January 31, 1823.

[1832, 54 ; 1837, 189 ; 1840, 37.]

An Act to prevent the Destruction of Fish in the Hoosick River within the Towns of

Williamstown and Adams.

1822, 58. Sect. 1. Be it enacted. That from and after the first
day of May next it shall not be lawful to take or catch any fish with

180 LAWS RELATING TO

nets or seines in the Hoosick River within the towns of Williamstowu
and Adams ; and every person so otfending, contrary to the true intejit
and meaning of this act, upon conviction thereof before any court of
competent jurisdiction, shall pay a fine of two dollars, one half to the
complainant and the other half to the town in which such offeuce is
committed.

Sect. 2. Be it further enacted. That the inhabitants of the afore-
said towns of Willianistown and Adams may, at their annual March
or April meeting, by a concurrent vote, suspend the operation of the
prohibitions and restrictions contained in this act, for such term of
time, not exceeding one year, as to them shall seem expedient : pro-
vided^ however, that the foregoing act shall not be so suspended within
two years from the passing of the same. — [February 3, 1823.

[Sp. Laws, vol. l,p. 272.]

An Act regulating the Catching of Salmon, Shad and Alewives in Merrimack River, at

the mouth of Shawsheen River in the Town of Andover.

1822, 75. Sect. 1. Be it enacted.. That all the laws heretofore
made for regulating the catching of salmon, shad and alewives in
Merrimack River, so far as they go to prevent their being taken at or
near the mouth of Shawsheen River, in the town of Andover, be and
the same are hereby repealed. — [Februar}^ 8, 1823.

[1832, 56.]

[1812, 129.]
An Act relative to the Fishery in the Town of West Cambridge.

1822, 97. Sect. 1, Be it enacted. That an act passed the
twenty-second day of February, in the year of our Lord one thousand
eight hundred and twelve, entitled " An Act to regulate the fishery
in the town of West Cambridge, and to empower said town to dispose
of the privilege of taking the fish called shad and alewives within the
limits thereof," be and the same is hereby repealed. — [P^ebruary 11,
1823.

1823.

[Sp. Laws, vol. 1, p. 19L]
An Act for the relief of the Danvers Cotton Factory in Danvers.

1823, 33. Sect. 1. Be it enacted. That the laws heretofore
passed relative to alewives in the waters running into Ipswich River
be and they are hereby repealed, so far as not to require the continu-
ance of fish-ways at the Danvers Cotton Factory in the town of
Danvers, or in the stream running thither from Humphrey's Pond. —
[June 14, 1823.

INLAND FISHERIES. 181

[Sp. Laws, vol. 2, p. 148.]

An Act to regulate the Fishery in Neponset River in the Towns of Dorchester and

Milton.

1823,41. Sect. 1. Beit enacted. That fi-om and after the pass-
ing of this act, no person or persons shall be allowed to put or draw
an}' seine or seines whatever in Neponset River, so far as that river
forms any part of the dividing line between the towns of Dorchester
and Milton, for the taking of fish called smelts and eels; and every
person who shall presume to take any fish called smelts and eels with
a seine, from said river, shall incur and pay a penalt}^ of five dollars
for every such offence.

Sect. 2. Be it further enacted, That no person or persons,
.excepting the inhabitants of the towns of Dorchester and Milton,
shall be allowed to take from said river, within the limits aforesaid,
in any way whatsoever, any of the fish called smelts or eels, unless
by permission of one or more of the selectmen of said towns, and any
person not an inhabitant of said towns who shall presume to take any
of said fish unless by such permission, shall incur a penalty of five
dollars for every oflfence.

Sect, 3. Be it further enacted, That all penalties incurred by a
breach of this act ma}' be prosecuted and sued for before any justice
of the peace for the county of Norfolk, by any of the inhabitants of
either of said towns, for the use of him or them who shall sue for and
recover the same. — [June 4, 1823.

[Sp. Laws, vol. 2, p. 504.]
An Act more effectually to prevent the Destruction of Shad and Alewives in the Saugus
River and its Tributary Streams within the Towns of Lynn, Saugus, South Reading
and Lynnfield.

1823, 97. Sect. 1. Be it enacted, That the towns of Lynn, Sau-
gus, South Reading and Lynnfield shall be and they are hereby
respectively empowered and directed, at their annual meetings for
the choice of town officers, to choose in each town three persons,
inhabitants thereof, to see that the laws respecting the passage-ways
for shad and alewives be observed, and each person so chosen shall
be sworn to the faithful discharge of his duty. And the said com-
mittees of said towns shall meet together annually, on or before the
first day of April, at such time and place as the per.son first chosen
by the town of Lynn shall appoint, to be by him duly notified. And
the major part of those of the said committee who shall be present at
such meeting, are hereby empowered and authorized to order the
times, places and manner in which said fish may be taken in Saugus
River and streams in each of said towns ; and the members of said
committee shall have joint and concurrent jurisdiction in each of said
towns, so far as respects said river and streams. And in case either

182 LAWS RELATING TO

of said towns shall neglect to choose the committee assigned to it,
the committee or committees which shall be duly chosen and sworn
within the other towns, or either of them, shall have the powers and
shall perform the duties hereb}' required ; and the regulations which
shall be so agreed upon b}' said committees shall be written and
posted, in three public places at least, in each of said towns.

Sect. 2. Be it further enacted. That the said committees, or the
majority of the members, not less than three in number, who shall be
present at any meeting duly notified by the first chosen or eldest
member of the committee, which shall be chosen in the town of Lynn,
or by the request of any three members of the said committees, shall
be and they are hereby authorized and empowered to require of the
owner or occupant of -any dam or sluice-head of any mill erected or that
maj- be erected over said river or streams, to open and keep therein
a sufficient passage-way for said fish at such time, on or aft6r the first
day of April annually, as the said committees, or the major part of
them present, as aforesaid, shall think necessary ; and may also require
of the owner or occupant of any canal or course whereb}^ any natural
stream is or shall be in part changed or altered, to leave sufficient
water in the natural stream for the easy and safe passage of the said
fish ; and upon neglect or refusal of such owner or occupant of any
dam or sluice-head, or canal, as aforesaid, to comply with this act, the
said committee, or major part who shall be present at any meting as
aforesaid, shall and may cause such sufficient passage-way and open-
ing as they shall judge necessary for the purposes aforesaid, to be
made in such dam, sluice-head or canal, with least prejudice to the
owner or occupant, and at his expense. And such passage and open-
ing shall and may be continued at the discretion of said committee,
from the time they shall order the same, as aforesaid, and until they
shall order or permit the closing of the same, uot exceeding the fif-
teenth day of June in every 3'ear. And if any person or persons
shall obstruct the passage-way or opening required or allowed by the
said committees, or the major part of them, as aforesaid, in any dam,
sluice-head or canal within their jurisdiction, as aforesaid, such oflfender
or offenders shall forfeit and pay a sum not exceeding sixty dollars
nor less than thirtj' dollars.

Sect. 3. Be it further enacted^ That if any persons shall be found
taking any of the aforesaid fish on any da}', or in any place, or in any
manner contrary to the regulations of the said committees, or of
otherwise killing and wasting such fish, such offender shall forfeit and
pay a sum not exceeding two dollars nor less than one dollar for each
oflience.

Sect. 4. Be it further enacted, That it shall be the duty of the said
committees, jointly, and of each committee in their respective towns.

INLAND FISHERIES. 183

to see the observance of this act, and they shall have authorit}^ there-
for to go upon the land bordering upon the said river or streams, and
shall not be considered as trespassers therein ; and any person who
shall molest said committees, or either of them, in the execution of
their office, or shall injuriousl}' obstruct the said river and streams,
shall forfeit and pay a sum not exceeding three dollars nor less than
one dollar, according to the aggravation of the offence. And all fines
and forfeitures given by this act shall and may be sued for and recov-
ered by action of debt in any court proper to try the same, b}- the
said committees or any one of them ; one moiety to the use of tlie
prosecutors and the other moiety to the use of the poor of the town
in which the offence shall happen.

Sect. 5. Be it farther enacted. That all laws heretofore made for
regulating the said river and streams in Lynn, Saugus, South Read-
ing and Lynnfield, with joint or separate authority, are hereby
repealed : provided., nevertheless, that nothing in this act shall be so
construed as to affect in any way an act passed March third, one
thousand eight hundred and two, so far as respects the stream leading
from the Flax Pond and emptying into said Saugus River, or any
other stream within the said town of Lynn : provided, also, that said
joint committee shall have no control or jurisdiction over any stream
within the town of Lynn other than said Saugus River. — [February
10, 1824.

An Act to prevent the Destruction of Fish in the Town of Lincoln.

1823,110. Sect. 1. Se t7 enac^erZ, That from and after the pass-
ing of this act, it shall not be lawful for any person to set or use more
than one hook at any one time on any of the ponds in the town of
Lincoln, in the count}' of Middlesex, between the first day of Decem-
ber and the first day of April annually ; and if an}' person or persons
shall, after the passing of this act, be found setting or using more
than one hook at any one time, such person or persons shall, for each
hook so set or used after the first, forfeit and pay a sum of not less
than one dollar nor more than two dollars.

Sect. 2. Be it further enacted, That all penalties incurred by any
breach of this act, may be recovered b}' any person who shall sue for
the same in any court in said county of Middlesex, proper to try the
same, and if an}' minor or minors shall offend against the provisions
of this act, and shall thereby incur any of the penalties aforesaid, the
parent, master or guardian of such minor or minors shall be answer-
able therefor, in which case the action shall be commenced against
such parent, master or guardian (as the case may be) of such minor
or minors, and judgment rendered accordingly : provided, however,
that the inhabitants of the said town of Lincoln may, at their meeting

184 LAWS RELATING TO

in March or April annually, suspend in whole or in part the provis-
ions and restrictions of the act aforesaid, for any term of time not
exceeding one year. — [February 16, 1824.

An Act to authorize Thomas Manning to erect a Dam across Ipswich River.
1823,136. Sect. 1. * * * provided, Jiowever, the s?iid Thomas
Manning, his heirs and assigns shall make and keep open through said
dam a passage-way for the jBsh to pass up said river or stream, of the
dimensions, and constructed in the same manner and subject to the
same rules and penalties as is provided by an act passed March
twenty-eighth, one thousand seven hundred and eighty-eight, and the
acts in addition thereto, to prevent the destruction of alewives and
other fish in said Ipswich River. — [February 21, 1824.

1824.

An Act to preserve the Eel Fishery and to prevent the wilful destruction of Oysters and
all other shell fish in the town of Harwich.

1824, 66. Sect. 1. Be it enacted, That from and after the date
of this act, no fisherman or any other person shall take from the
waters within the town of Harwich, any eels without a permit from
the selectmen of said town, under a penalty of three dollars for each
bushel of fish so taken.

Sect. 2. Be it further enacted, That to prevent the destruction of
oysters and all other shell fish within the waters belonging to the said
town of Harwich, that all the provisions, fines, forfeitures, penalties,
seizures and appropriations, prescribed and contained in an act passed
in the year of our Lord seventeen hundred and ninet3'-six, entitled?
" An Act to prevent the destruction of oysters and other shell fish in
this Commonwealth," and also the several acts in addition thereto, so
far as they may be applicable to the purposes of this act, be, and they
are hereby extended to the said town of Harwich. — [February 12,
1825.

[Sp. Laws, vol. 1, p. 313; 1815, 111.]

An Act regulating the taking of Fish in the Town of Bridgewater, in the County of

Plymouth.

1824, 76. Sect. 1. Be it enacted. That from and after the first
day of June next, it shall be lawful for the town of Bridgewater to
catch the fish called shad and alewives in Titicut River, so called,
which forms the boundary line between the said town of Bridgewater
and the townof Middleborough, with a seine or net, and for that pur-
pose they may sell at public auction for their own l)enefit, the privi-
lege of catching said fish in said river, with one seine or net only,
fifteen rods in length, four days in each week, between the fifteenth
day of March and the first day of June in each year, to commence

INLAND FISHERIES. 185

at four o'clock on Monday morning and to end at four o'clock
on Frida}' morning, anj'thing in any law of this Commonwealth,
now existing, to the contrary notwithstanding : provided, that the
said town of Bridgewater shall, at a legal meeting, between the
first day of September and the last day of December in each year,
dispose and make sale of at public auction for the next year, and so
on from year to year, their privilege of catching shad or alewives with
a seine or net, in the river aforesaid, for the time aforesaid, to such
person or persons as shall offer the most for the same, and give suffi-
cient security for the payment of the purchase money at such time
and in such manner as the said town shall order : x>rovided, also, that
it shall not be lawful for said town or the purchaser of said privilege,
to catch the fish aforesaid, within seventy-five rods of the dam across
said river, known by the name of Pratt's Dam.

Sect. 2. Be it further enacted , That the purchaser or purchasers
of said privilege shall select the place where he or the}^ intend to use
his or their seine or net, for the purpose of catching shad and ale-
wives, and shall file a certificate thereof with the clerk of the town of
Bridgewater, on or before the first day of March in each year ; and no
purchaser of the privilege aforesaid shall make use of a seine or net
for the purpose aforesaid, at any other place in said river than the
place so selected and certified as aforesaid, during the time aforesaid.

Sect. 3. Be it further enacted, That if any person or persons shall,
at any time or place other than those admitted by this act, catch or
destroy the fish aforesaid, in said Titicut River, he or they shall for-
feit and pay a sum not exceeding twenty dollars nor less than five
dollars, to be recovered by indictment, complaint or action of debt, in
any court proper to try the same, one half to the use of the said town
of Bridgewater, and the other half to him who shall sue or prosecute
the same : i^rovided, that in all prosecutions for any violation of this
act, by the fish-inspectors, or any other inhabitant of the town of Mid-
dleborough, one half of the penalty shall accrue to that town, instead
of the "town of Bridgewater.

Sect. 4, Be it further enacted, That said town of Bridgewater
shall, at their annual meeting in the month of March or April in each
year, choose four or more persons, being freeholders in said town, whose
duty it shall be to see that this act be duly observed and to prosecute
for all breaches thereof; and each person so chosen shall be sworn to
the faithful discharge of his duty, and if any person so chosen shall
refuse to serve, he shall forfeit and pay to the use of the town of
Bridgewater the sum of five dollars, to be sued for and recovered by
the town clerk of said town, and said town shall immediately proceed
to a new choice. — [February 15, 1825.

[1825, 74.]

186 LAWS RELATING TO

An Act for the regulation and preservation of the Fishery in the Towns of Edgarton,

Chilmark and Tisbury.

1824, 94. Sect. 1. Be it enacted, That from and after the first
day of March next, it shall not be lawful for any person living with-
out the jurisdiction of this Commonwealth, to take anj^ lobsters,
tautog, bass or other fish within the harbors, inlets, coves or waters
of the towns of Edgarton, Chilmark and Tisbury, for the purpose of
carrying them awa}' from said waters, in smacks or vessels owned
within this Commonwealth over fifteen tons ; and any and every per-
son otfeuding against the provisions of this act, shall forfeit and pay
the sum of ten dollars for every offence and also forfeit all the fish and
lobsters so taken.

Sect. 2. Be it further enacted, That the waters and shores of the
said towns of Edgarton, Chilmark, and Tisbury shall be considered
and taken by this act to extend from the whole county of Dukes to
all the waters and rocks lying within one mile of the said count)'.

Sect. 3. Be it further enacted, That all fines and forfeitures that
may be incurred for offences against this act shall be one half to him
or them who may first sue for the same and the other half to the use
of the town to which the complainant belongs ; and the said fines and
forfeitures may be recovered, with legal costs of suit, by action of
debt or information, before any justice of the peace for the county of
Dukes ; and any person or persons aggrieved at the sentence of the
justice of the peace given in pursuance of this act, may appeal there-
from to the next court of common pleas, to be holden in the county in
which judgment may be rendered. — [February 22, 1825.

[1829, 84 ; 1847, 40.]

[Sp. Laws, vol. 1, p. 191 ; 1810, 117.]
An Act to regulate the Fishery in Ipswich River within the Town of Ipswich.

1824, 101. Sect. 1. Be it enacted. That from and after the pass-
ing of this act it shall be lawful for the inhabitants of the town of
Ipswich to sell and dispose of the right of taking the fish call6d shad
and alewives with seines or drag-nets in Ipswich River, within the
limits of said town, one day in each week, according to the provis-
ions of an act concerning said fisher}', passed on the twenty-third day
of February, in the year of our Lord one thousand eight hundred and
eleven, at such place as the fish committee of said town shall direct,
the proceeds of such sale to be applied according to the directions of
said town at their annual meetings.

Sect. 2. Be it further enacted, That any person other than the
purchaser or purchasers of the aforesaid right, or those employed by
them, who shall take any of said fish in Ipswich River, within said
town, with seines or drag-nets, shall forfeit and pay a sum not less

INLAND FISHERIES. 187

than ten dollars and not exceeding twenty dollars, for each offence,
to be recovered by an action of debt in any court proper to try the
same, one half thereof to the use of the said town of Ipswich and the
other half to him or them who shall sue for the same. — [February
24, 1825.

[Sp. Laws, vol. 1, p. 166.] .
Ax Act in addition to an Act entitled " An Act to prevent the Destructioti and to regu-
late the Catcliing of the Fish called Alewives, in their passage up the Rivers and
Streams in the Town of Harwich in the County of Barnstable."

1824, 107. Sect. 1. Be it enacted, That from and after the pass-
ing of this act, it shall not be lawful for any person or persons to
catch, by seining thereof, any of the fish called alewives within one
mile of the river called Herring River, in the town of Harwich afore-
said.

Sect. 2. Be it further enacted, That if any person or persons

shall violate the provisions of this act, each person so offending, for

each and every such offence shall, on conviction thereof, pay a fine

not exceeding three dollars nor less than one dollar, if the quantit}' of

fish is less than one barrel ; but if the quantity shall be one barrel or

more, such person or persons so offending shall forfeit and pay for

each and every barrel of fish so taken, the sum of three dollars.

Sect. 3. Be it further enacted, That any penalties incurred by any

breach of this act shall be recovered and appropriated in the manner

prescribed by the act to which this is in addition, for the recovery and

appropriation of the penalties incurred under the provisions of that

act. — [February 24, 1825.

[1850, 148.]

1825.

[Sp. Laws, vol. 2, p. 434.]

Ax Act in addition to an Act entitled " An Act for the regulating and disposing of the
Fish called Alewives within the limits of the Town of Weymouth, and for the more
effectually securing to the said Town the advantages thereof."

1825, 48. "Whereas an agreement has been entered into between
the proprietors of the falls and water privileges on Alewive River,
and the town of Weymouth, for the removal of the objections which
exist in the minds of said proprietors under the act to which this is in
addition, to the use of their water power for manufacturing purposes ;
in pursuance of said agreement :

Sect. 1. Be it enacted, That the proprietors of the water-falls and
mill privileges on Alewive River in Weymouth, be and they are hereby-
authorized and empowered to erect proper fish-ways which shall be
satisfactory to commissioners to be appointed as is hereinafter pro-
vided, and said commissioners, when thus appointed, shall have full
power to settle difficulties which may arise between the town and said

188 LAWS RELATING TO

proprietors, on the complaint of either party, and the cost of such
meeting shall be awarded to either party by the commissioners.

Sect. 2. Be it further enacted^ That his excellency the governor,
with advice of council, be and he is hereby authorized and empowered
to appoint three suitable persons to be commissioners for the purposes
aforesaid. And it shall be the duty of said commissioners when an}'
complaint is filed by either party, to give reasonable notice to the
other party of the time and place fixed for enquiring into and deciding
on the same, and in case of disagreement, the decision of any two of
said commissioners shall be final.

Sect. 3. Be it further enacted^ That when any obstruction shall
be made to the passage of said fish into Whitman's Pond, and repass-
ing from thence to the sea, instead of the fish committee appointed by
said town having power, as is provided b}' the act to which this is in
addition, to enter the land of any person or persons for the purpose
of removing such obstructions, it shall be the duty of said committee
to make complaints thereof to the commissioners aforesaid, who shall
proceed to consider, examine and decide upon the same, according to
the provisions of this act.

Sect. 4. And he it further enacted, That such parts of the act to
which this is in addition as is inconsistent with the provisions of this
act, be and the same is hereby repealed. — [June 18, 1825.

[Sp. Laws, vol. 2, p. 222.]
An Act for the preservation and regulation of the Fishery in the Town of Falmouth.

1825, 63. Sect. 1. Be it enacted, That from and after the first
day of March next, it shall not be lawful for any person living with-
out the jurisdiction of this Commonwealth to take any lobsters,
tautog, bass or other fish within the harbors, inlets, coves or waters
of the town of Falmouth, for the purpose of carrying them away
from said waters in smacks or vessels owned without the Common-
wealth, of any size, nor any owned within this Commonwealth over
fifteen tons ; and any and every person oflfending against the provis-
ions of this act shall forfeit and pa}' the sum of ten dollars for every
offence, and also forfeit all the fish and lobsters so taken, or the value
thereof.

Sect. 2. Be it further enacted. That the waters and shores of said
town of Falmouth shall be considered and taken b}' this act to extend
from the shores of said Falmouth, including all the waters, islands and
rocks lying within one mile of the main land.

Sect. 3. Be it further enacted, That all fines and forfeitures
which may be incurred for offences against this act shall be one half to
him or them who maj' first sue for the same, and the other half to the
use of the town to which the complainant belongs ; and the said fines

INLAND FISHERIES. 1«9

and forfeitures ma^' be recoverable, with legal costs of suit, by action
of debt or infornialion, before any justice of the peace for the county
of Barnstable ; and any person or persons aggrieved b}' the sentence
of the justice of the peace, given in pursuance of this act, may appeal
therefrom to the next court of common pleas, to be holden in the
county in which judgment ma}' be rehdered. — [February 15, 1826.

[1824, 76.]

Ax Act in addition to an Act entitled "An Act regulating the Taking of Fisli in the
Town of Bridgewater, in the County of Plymouth."

1825, 74. Sect. 1. Be it enacted, That from and after the pass-
ing of this act it shall not be lawful for the town of Bridgewater, or
the inhabitants thereof, to catch the fish called shad and alewives in
Titicut River, so called, which forms the boundary line between the
said town of Bridgewater and the town of Middleborough, below the
point where Newmasket River empties into the said Titicut River, or
within twenty rods above that point, anything in the act to which this
is in addition to the contrary notwithstanding. — [Februarj^ 15, 1826.

[Sp. Laws, vol. 1, p. 191.]

An Act to regulate the Passage- Ways for Fish in Ipswich River, within the Town of

Ipswich.

1825, 78. Sect. 1. Be it enacted. That instead of the passage-
ways now required by law to be kept open at Warner's mill-dam and
the dam at Farley's mill, in Ipswich, the owners of said dams, their
successors and assigns, shall make and continue in good repair a fish-
way over said dams, at the northerly' end of the same, of the following
description and dimensions : said fish-waj-s to be made either with wood
or stone, beginning at the top of the dams, five feet in width and one
foot in depth, and to admit of not less than six inches of water over
the dam into said ways, and thence running down stream twenty feet,
and terminating at seven feet in width, with stoppers on each side, of
plank or stone, running not more than half way across said passage-
ways, within two feet of each other ; and said head shall be kept open
and in good repair at all times from the tenth day of April to the first
day of June in each year.

Sect. 2. Be it f^irther enacted, That so long as the owners of
said dams shall keep open said course or passage-ways, and in good
repair, in manner aforesaid, the}' shall not be subject to an}' of the
penalties or restrictions of any law regulating the passage of fish in
Ipswich River. — [February 15, 1826.

[1829, 40.]

190 LAWS RELATING TO

An Act to authorize Josiah Robbins to erect and maintain certain Tide-Gates in the

Town of Plymouth.

1825, 108. Sect. 2. * * * Provided, however, that nothing

in this act contained shall be deemed to affect any law or laws now in

force, or which ma}- hereafter be made, relating to the fisheries in said

town brook, nor the right or rights of an}' person or corporation in

relation to said fisheries.

An Act in addition to an Act entitled " An Act to prevent the Destruction of Pickerel
in the Ponds and Streams within this Commonwealth."

1825, 127. Sect. 1. Be it enacted. That from and after the pass-
ing of this act it shall not be lawful for any person or persons to take
any fish called pickerel in any of the ponds, rivers or streams within
this Commonwealth, from the first day of December to the first day of
April in each and every j^ear ; and every person offending contrary to
the true intent of this act, upon conviction thereof before any court
within this Commonwealth proper to try the same, shall pay a fine of
fifty cents for each and every pickerel so taken, to and for the use of
the person who shall sue for the same, together with all legal costs
of prosecution.

Sect. 2. Be it further enacted, That all penalties incurred by any
breach of this act may be recovered by any person who shall sue for
the same, in any court aforesaid ; and if any minor or minors shall
offend against the provisions of this act, and shall therel)y incur any
of the penalties aforesaid, the parent, master or guardian of such
minor or minors shall be answerable therefor, in which case the action
shall be commenced against such parent, master or guardian, as the
case may be, of such minor or minors, and judgment rendered accord-
ingly : provided, nevertheless, that the inhabitants of any of the towns
within this Commonwealth may, at their annual meeting in the month
of March or April, suspend in whole or in part the provisions and
restrictions of the aforesaid act, so far as respects the taking of pick-
erel in the ponds, rivers or streams within their respective towns, for
any term of time not exceeding one year.

Sect. 3. Be it further enacted, That all prosecutions for any vio-
lation of the provisions of this act shall be instituted within thirt}'
days from the time of committing the same. — [February 26, 1826.

1826.

An Act to prevent the Destruction of Fish in the Harbour of Edgartown, by Seining

thereof.

1826, 54. Sect. 1. Be it enacted, That from and after the
passing of this act it shall not be lawful for any person or persons to
catch, by seining thereof or by the use of nets, any fish in the bays,
waters, harbours, creeks or arms of the sea within the boundaries of

INLAND FISHERIES. 191

the town of Edgartowii, excepting English herring, menhaden and
mackerel : provided, however, that this act shall not have force or
etfect to restrain the taking of fish in the manner aforesaid, in auj'
place more than one mile from the limits of said town, nor within the
limits of the harbor of Holmes' Hole.

Sect. 2. Be it further enacted. That if an}' person or persons shall vio-
late the provisions of this act, each person so offending, for each and
every such offence, shall, on conviction thereof, pa^' a fine not exceed-
ing ten dollars nor less than one dollar, if the quantity of fish so
taken is less than one barrel, but if the quantitj' shall be one barrel
or more, such person or persons so oflfending shall forfeit and pa}- for
each and every barrel of fish so taken, the sum of five dollars.

Sect. 3. Be it further enacted, That all forfeitures and fines which
shall be incurred by virtue of this act shall be recovered, the one half
to the use of him or them who shall first sue for the same, and the
other half to the use of the town of Edgartown, with legal costs of
suit, b)'^ action of debt in any court proper to try the same. — [Feb-
ruary 3, 1827.

[1851, 77 ; 1856, 285.]

[Sp. Laws, vol. 2, p. 224; 1814, 162; 1815, 56.]
A?f Act to unite the Watertown and Brighton Fislieries in Charles River, and for the

Regulation and Management thereof.

1826, 76. Sect. 1. Be it enacted, That the several fisheries
described in an act made and passed on the first day of March, in the
year of our Lord one thousand eight hundred and fifteen, entitled
"An Act to regulate the shad and alewive fishery in the town of
Brighton," and an act made and passed the third day of February, in
the year of our Lord one thousand eight hundred and eighteen [^six-
teen'], entitled " An Act to regulate the shad and alewive fishery in the
town of Watertown," shall be united and hereafter constitute one
fishery ; and the right, franchise and property of said fisheries thus
united shall belong to and be owned by said towns, in the propor-
tions following, that is to say : seven tenth parts thereof by the town
of Watertown, and three tenth parts thereof by the town of Brighton.

Sect. 2. Be it further enacted, That for the well ordering and
good management of said fishery, there shall, as soon after the pass-
ing of this act as may be, and thereafter annually in the mouth of
January, be appointed by the selectmen of the town of Watertown for
the time being, three discreet and disinterested inhabitants of that
town, and by the selectmen of Brighton two of their inhabitants of
like character, who shall continue in office for the space of one 3'ear
from the date of their appointment, and until others shall be appointed
in their places, but subject to removal at any time by the respective
selectmen of said towns, and they shall be denominated the fish-wai-dens

192 LAWS RELATING TO

of Charles River, and shall have power to use and occupy the said
fisher^y by causing all such fish as pass into or are found in said river
within the limits of said towns of Brighton and Watertown, to be taken at
such times, in such manner, with such seines, nets, utensils and ma-
chiner}-, and b}' such persons, agents or servants as the}' may see fit to
emplo}' for that purpose ; or they ma}' lease and farm out b}' public or
private sale, for one or more years, not exceeding five 3'ears in any one
contract, the said fisher}^ entire orb}' parcels, as they may consider will
be most advantageous for their respective towns ; and each of said towns
shall provide the same place or places where the fish have heretofore
been taken on the margin of said river, within their respective limits,
to be used at all times for landing and drawing the fish to shore, as
occasion may require ; but said fish-wardens shall not have the right
or power of taking any of the fish called shad and alewives, or to
authorize any other person to take them on more than three days in
any one week.

Sect. 3. Be it further enacted, That it shall be the duty of said
fish-wardens immediately upon the receipt of any monies arising from
the management, rent or sales of said fishery, after deducting there-
from such sums as they may have necessarily expended in conducting
said business, to pay over the same to the respective treasurers of
said towns, in the proportions aforesaid, taking their receipts for the
same ; and in the month of December annually, they shall make up
their accounts, with a full and fair report of their proceedings in the
premises, and deliver one set to the selectmen of each town, to be
examined, allowed and passed by them ; and the said fish- wardens
shall be entitled to such compensation as their respective towns
employing them may see fit to allow them ; and the acts and doings
of any three of said fish-wardens, when the whole have been notified,
shall be binding and as valid in law as if all five had acted and con-
curred therein.

Sect. 4. Be it further enacted, That if any person shall cast or
put into the waters of Charles River, within the limits of the towns of
Watertown and Brighton, any seine,, net or other machine or instru-
ment whatever (other than a hook and line, as is commonly used for
taking small fish), for the purpose or with a design to take or in any
manner destroy any of the fish therein, or prevent their free passage
up and down, along or across said river or any part thereof, without
license first had from said fish-wardens, he or she so offending, shall
forfeit and pay for each offence, a sum not less than twenty dollars
nor more than forty dollars, according to the nature and aggravation
of the oflTence.

Sect. 5. Be it further enacted, That if any person shall take, kill
or destroy any fish within the limits of the said towns of Watertown

INLAND FISHERIES. 193

and Brighton, without license from the fish-wardens of Charles River
(except the taking them wiih hooii and line as aforesaid), every per-
son so oflending shall forfeit and pay for every fish killed, taken or
destroyed the sura of thirty cents.

Sect. 6. Be it further enacted^ That all fines and forfeitures which
may be incurred by any breach of this act, shall enure and be to the
use of the respective towns of Watertown and Brighton, in the pro-
portions herein before stated ; that is to say, seven tenth parts thereof
to the use of the town of Brighton, and shall and may be recovered
on complaint before any justice of the peace, where the penalt}' does
not exceed twenty dollars, or b}' indictment before the supreme judi-
<?ial court or court of common pleas, or the same may be recovered b\'
action of the case before any court proper to try the same, in a suit
in the name of the Bsh-wardens of Charles River, for the uses afore-
said ; and the death of any warden shall not be deemed an abate-
ment of any suit or process, but the same ma}' proceed to final
judgment and execution in the name of said wardens.

Sect. 7. Be it further enacted. That all acts and parts of acts
inconsistent with, or contravening any of the provisions of this act,
be and the same are hereby repealed : provided, however, that the pro-
visions of this act shall be always subject to the revision, control,
amendment or repeal of the legislature. — [February 21, 1827.

An Act to prevent the Taking of Fith by seines or net in Congamon Ponds in South-

' wick.

1826, 85. Sect. 1. Be it enacted, That from and after the passing
of this act, it shall not be lawful for any person or persons to catch
iin}' fish with seines or nets, in the Congamon Ponds in Southwick,
and if an}' person or persons shall catch an}' fish with a seine or net
in the ponds aforesaid, he or they shall forfeit a sum not less than
five dollars nor more than twenty dollars for each and every such
otfence, to be recovered by an action of debt to the use of him or them
who shall sue for the same. — [February 23, 1827.

[1813, 147.]
Ax Act to regulate the Fisherj' in Aggawam or Westlield River.

1826, 100. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, any person or persons who shall draw a seine or drag
a net within thirty rods of the dam or race-way at White's Mills (so
■called), on Aggawam River, in the town of West Springfield, for the
purpose of catching sha.l, alewives or other fish, shall for each and
every such offence, forfeit and pay the sum of five dollars, and shall
also forfeit the boat and seine employed for such purpose.

Sect. 2. Be it further enacted. That if any person or persons shall
set any pot, nets, weir or hurdle, within thirty rods of said dam or

194 LAWS RELATING TO

race-way, for the purpose of taking fish of an}' kind, he or they shall
for each and every such offence severally forfeit and pay the sum of
five dollars for every twelve hours said pots, nets, weir or hurdle shall
be placed in said river, and in proportion for a greater or less time.

Sect. 3. Be it further enacted. That if any person or persons shall
in an}' other way obstruct the free passage of fish through said race-
way, between the fifteenth day of April and the first day of June, he
shall forfeit and pay for every such offence the sura of five dollars.

Sect. 4. Be it further enacted. That all the fines and forfeitures
incurred by a breach of this act, may be recovered in an action ot
debt by any person who shall sue for the same before any justice of
the peace within the county of Hampden.

Sect. 5. Be it farther enacted. That all laws heretofore made reg-
ulating the fishery at White's Mills, on Aggawam River, be and the
same are hereby repealed. — [March 3, 1827.

[1839, 19 ]

1828.

[1815, 43.]
An Act further to regulate the Shad and Alewive Fishery in the Town of Maiden.

1828, 129. Sect. 1. Be it enacted. That from and after the pass-
ing of this act it shall and may be lawful for the inhabitants of the
town of Maiden in the county of Middlesex, at any legal meeting to
be holden for that purpose, in each year, to sell at public auction the
right and privilege of taking the fish called shad and alewives within
the limits of said town, with one seine or drag-net only, on two of the
days only in each week on which it is now lawful to take said fish in
said town, antl all monies arising from the sale of said right and priv-
ilege shall be paid into the treasury of said town, and be appropriated
to the support of the poor thereof.

Sect. 2. Be it further enacted, That if the purchaser or pui'chasers
of the said right and privilege, or those employed by them, shall pre-
sume to take any of the said fish with more than one seine or drag-
net, on any other than two of the days in each week on which it is
lawful to take said fish in said town, and if any other person or per-
sons whatever shall at any time take any of the said fish vpith a seine
or drag-net withiu the limits of said town, every person so offending
shall, for each offence, forfeit and pay a sum not exceeding twenty
dollars nor less than ten dollars, to be recovered by an action of debt
in any court proper to try the same, one half to the use of said town of
Maiden, and the other half to him or them who shall sue for the same :
provided, however, that nothing contained in this act shall be so con-
strued as to prevent any inhabitant of said town from taking said fish
with dip-nets as has been heretofore their custom. — [March 3, 1829.

INLAND FISHERIES. 195

1829.

[Sp. Laws, vol. 1, p. 191]
Ax Act in addition to the Acts to prevent tlie nestinction, provide a Passage and regu-
late tbe Taking of Alewives and otlier Fish in Ipswich River.

1829, -iO. Sect. 1. Be it enacted, That instead of the passage-
waj's now required by law for the fish to pass Warner's Dam and Far-
le}'s Dam in Ipswich, the owners of the said dams, their successors
and assigns, shall make and keep in good o-epair, a fish-wa\' at the
northerl}' end of each of said dams, of the following dimensions and
description : tbe said fisli-waj's shall be constructed of solid stone
work, and shall form an" inclined plane running down stream twent}'
feel, and shall be five feet wide at the bottom of the same ; at the top
of said ways there shall be an opening in the said dams of six feet in
width, and not less than eight inches in depth below the top of the
cap-piece of each of said dams, and the top of the said ways shall be
on a level with the bottom of the said opening in said dams, and there
shall be a curb of not less than eighteen inches in height on eacli side
of the said ways, at the termination of which a channel shall be made
of at least one foot in depth and five feet in width communicating with
the channel of the river, and the said ways shall be kept open and in
good repair at all times from the teffth day of April to the first day of
June in each year.

Sect. 2. Be it further enacted. That each and ever}- person who
shall, from and after the tenth day of April to the first da}' of June,
annually, take an}' of the fish called shad or alewives, in said river or
in any part of the streams running into the same except on Monday
and Wednesday of each week during said term, shall forfeit and pay
for every such ofl^ence the sura of five dollars, to be recovered by
action of debt in any court proper to try the same, to the sole use of
him who lua}- sue for said forfeiture.

Sect. 3. Be it farther enacted, That so long as the owners of the
said dams, their successors and assigns, shall keep open the said
courses or passage-ways and in good repair, in manner as aforesaid,
the}' shall not be subject to the penalties or restrictions provided in
the first section of an act passed March twenty-eighth, one thousand
seven hundred and eighty-eight, entitled "An Act to prevent the
destruction of alewives and other fish in Ipswich River, and to encour-
age the increase of the same." This act to be in force from and after
the first day of July next.— [February 10, 1830.

196 LAWS RELATING TO

[Sp. Laws, vol. 1, pp. 180, 247.]

An Act for the Preservation and Takini? of Shad in Mattapoisett River in the To-.vn of

Rochester.

1829, 41. Sect. 1. Be it enacted, That the penalties, remedies,

provisions and laws, enacted and now in force, tor the preservation

of the fish called alewives in Mattapoisett River in Rochester, in

the county of Plymouth, and for the regulating the taking the said

fish in said river, be and the same are herein- extended to shad in

said river and the ponds from which said river issues. — [February'

10, 1830.

[Sp. LawF, vol. 1, p. 422.]

An Act to regulate the Pas>age-M''ay for Fish at the Dam across Taunton Great River,
in the County of Bristol, at a place called King's Bridge.

1829, 65. Sect. 1. Be it enacted. That the proprietors of the
mills and dam at King's bridge, on Taunton Great River, in the county
of Bristol, shall construct and keep open at their said dam a conven-
ient wa}^ for the passage of such fish as usuallj' pass up the same river,
in their proper season, which passage-way shall be of such dimensions
and constructed and regulated in such manner as shall be prescril)ed
and directed by the selectmen of the town of Bridgewater, in the
county of Plymouth, or tlie major part of them, who are herebj' ap-
pointed a committee for this purpose, in pursuance of the agreement
of the said proprietors and the town of Middleborough, in the county
of Plymouth, the said town of Middleborough being the onl3' town
interested in the fisher}' in said river above said dam ; and the said
selectmen of Bridgewater, or the major part of them, shall, from time
to time, on the application of said town of Middleborough, or of said
proprietors, and at the expense of said town of Middleborougli, or of
said proprietors, as the said selectmen of Bridgewater shall adjudge,
repair to said dam and order and direct such alterations to be made in
said fish-wa}', and in the regulation of the water, as to them shall ap-
pear to be proper, taking into ccmsideration the interest of said pro-
prietors as well as the importance of providing a convenient way for
the passage of the fish ; and all such alterations as may be ordered
and directed as aforesaid shall be made by said proprietors within
such time as said selectmen shall order.

Sect. 2. Be it further enacted. That so long as the said proprie-
tors or owners of said mills and dam shall keep open during the
proper season of the passing up of said fish a passage-waj' so con-
structed and regulated as aforesaid, the}' shall not, nor shall either of
them, nor their tenants, nor the occupants of said mills and dam, be
subject to the penalties of an}' act regulating the fisherj' in said river,
nor to any action, prosecution or penalty under any law requiring a

INLAND FISHERIES. 197

passTage-waj- for the fish to be constructed and maintained at said
dam. — [March 3, 1830.

Ax Act to prevent the Destruction of Trout in Russell Pond, in the Town of Russell.
1829, 74. Sect. 1. Be it enacted. That any person who shall
take or kill an}' trout in Russell Pond, in the town of Russell, at any
time between the first day of October and the first da}- of Januar}'
hereafter, shall forfeit and pa}' the sum of one dollar for each trout
so killed or taken, to be recovered in an action of debt, in any court
proper to try the same, in the name and to the use of the person w4io
may first sue therefor. — [March 8, 1830.

[1824, 94.]
An Act to prevent the Destruction of Fish by Seining in the Waters of Tisbury.

1829, 84. Sect. 1. Be it enacted, That from and after the pass-
ing of this act it shall not be lawful for any person or persons to catch
by seining thereof, or by the use of any nets (excepting dip-nets) ,
any fish in the waters of the Lagoon and Chappaquansett ponds, in
the town of Tisbury, or the creeks or shores adjoining said ponds, or
Holmes' Hole harbor, excepting English herring, menhaden and mack-
erel : provided, that this act shall not have force or effect to restrain
the taking offish in the manner aforesaid, in any place more than one
mile from the shores adjoining said pond, excepting Holmes' Hole
harbor.

Sect. 2. Be it further enacted. That if any person or persons shall
violate the provisions of this act, each person so ofl?"ending shall for-
feit and pay, on conviction thereof, for each and every such ofljence, a
fine not exceeding ten dollars nor less than one dollar, if the quantity
offish so taken be less than one barrel ; but if the quantity shall be
one barrel or more, such person or persons so oflJ"ending shall forfeit
and pay for every barrel of fish so taken the sum of five dollars.

Sect. 3, Be it farther enacted, That all fines and forfeitures which
shall be incurred by virtue of this act shall be recovered in an action
of debt, in any court proper to try the same, by any person who shall
first sue therefor ; one half thereof to the use of the complainant, the
other to the use of Tisbury. — [March 8, 1830.

[1847, 40.]

1831.

An Act to prevent the Destruction of Fish by Cocculus Indicus or other Poisonous

Articles.

1831, 43. Sect. 1. Be it enacted. That from and after the first
day of April next, no person shall put, cast or throw into any of the
waters of this Commonwealth, for the purpose of taking or destroying
an}' fish being in any of said waters any of the Cocculus Indicus (oth-

198 LAWS RELATING TO

erwise called Indian Beny or Indian Cockle) or any other poisonous
article, whether the same be mixed with anj' other substance or not,
on pain that every person so offending shall forfeit and pa}' the sum
of ten dollars for every such offence, to be recovered by complaint to
an}' justice of the peace in the name and to the use of the Common-
wealth, or b}' an action of debt before any such justice, in which case
one moiety of said forfeiture shall enure to the use of the plaintiff and
the other moiety thereof to the use of the Commonwealth. — [Feb-
ruary 16, 1831.

[P. S. 91, § 44.]

An Act to incorporate the Skinnaquits Fishing Company, in Harwich and Chatham.

1831, 73. Sect. 1. Be it enacted, That Sylvanus Eldridge, Kim-
ball Eldridge, Amasa Nickerson, Levi Eldridge, Zephaniah Nickerson,
Jonathan Small, Elijah Eldridge, Darius Weeks and James Long and
their associates, successors and assigns, be and the,y are hereby incor-
porated and made a body politic, for the purpose of making the.
necessary improvements .for the preservation and taking of fish called
alewives, in Red River and Skinnaquits Stream in the towns of Har-
wich and Chatham. And it shall be lawful for said corporation to
hold a meeting annuall}', on the first Tuesday of April, for the purpose
of choosing a clerk, treasurer, assessors and a collector ; and three
or more persons, being members of said corporation, to inspect, regu-
late, take care of and govern said fisher}', who shall be sworn to the
faithful discharge of their duty ; and said committee shall have full
power and authority to determine upon the rules and regulations to be
observed in the taking of said fish, and to fix in what time and what
places the same shall be taken and the prices that shall be paid
therefor.

Sect. 2. Be it farther enacted, That if any person shall take any
of said fish from said river or stream within the said towns, at any
time or place than such as shall be fixed by the committee aforesaid,
every person so offending, shall for each and every such offence, on
conviction thereof, pay a fine not exceeding five dollars nor less than
two dollars, if the quantity so taken be less than one barrel ; but if
the quantity' be more than one barrel, such person so offending shall
forfeit and pay for each and every barrel of fish so taken five dollars,
to he recovered in any court proper to try the same, for the use of the
corporation.

Sect. 3. Be it further enacted. That if the committee aforesaid,
or either of them, shall detect any person in attempting to take any
of said fish at any other time or at any other place than such as shall
have been fixed by said committee as aforesaid, or shall find such fish
in the possession of any person, he shall be deemed to have taken said

INLAND FISHERIES. 199

fish unlawfully and shall be subject to the penalties of this act as before
mentioned ; unless such person can make it appear on trial that he
came by said fish in some other way, and the members of said corpo-
ration shall be competent witnesses in all cases where fish shall be
unlawfully taken.

Sect. 4. Be it further enacted, That if any person, without the
permission of the committee aforesaid, shall presume to take, catch
or haul on shore any of said fish in said river or stream, or within
one-fourth of a mile in any direction from the mouth of said river, he
shall forfeit and pay a sum not exceeding seven dollars nor less than
five dollars for each offence, to be recovered in the manner and to
the use hereinafter provided.

Sect. 5. Be it further enacted, That the said committee shall,
during the passage of said fish in said river or stream, cause all ob-
structions to their passage to and from the sea, of every description,
to be removed, and if an}- damage shall be done to the property-of
individuals not members of the corporation, such individuals shall be
entitled to reasonable damages therefor.

Sect. 6. Be it further enacted. That said corporation, at any
regular meeting thereof, shall have {)0wer to assess taxes equalh',
according to numbers, on all the members of said corporation, and
they shall be liable for said assessments in their private and individual
capacities.

Sect. 7. Be it further enac'ed, That the whole profits which may
accrue lo said corporation from said fishery, shall annually, in the
month of November, be divided according to the number of the cor-
porators.

Sect, 8. Be it further enacted, That Amasa Nickerson of said
Harwich, be and he is hereby authorized to call the first meeting of
said proprietors some time in September next, by giving personal
notice thereof and the time and place at which said meeting shall be
holden, and at said first meeting the mode of notifying subsequent
meetings of the corporation shall be fixed and determined.

Sect. 9. Be it further enacted, That all persons who now are or
may hereafter become owners of land adjoining said stream or river,
shall have a right to become members of said corporation : provided,
hoivever, that they shall be subject to pay their proportional part of
the expenses which shall have been before the time of their admission
as members as aforesaid, incurred by said corporation. — [June 23,
1831.

[1837, 18; 1841,61.]

200 LAWS RELATING TO

1832.

[Sp. Laws, vol. 1, p. 422.]
Ax Act in addition to an Act to regulate the Fishery in Taunton Great River.

1832,44. Sect. 1. Be it enacted. That from and after the pass-
ing of this act, an}' person or persons who shall have purchased or
hereafter shall purchase any privilege or privileges of catching shad
or alewives in Taunton Great River (the purchaser or purchasers of
the privilege of the town of Somerset excepted), and who shall have
selected and located or hereafter shall select and locate the place or
places where he or they intend to use his or their seine or seines, net
or nets, for the purpose of catching shad or alewives, and such place
or places are or shall be in that part of the towu of Berkle}- which is
southerl}- of a line running due east from the mouth of the Segregan-
sett River, so called, in the town of Dighton, shall have the right and
it shall be lawful for au}' such person or persons to draw and sweep
at'such place and places, with a seine or seines, net or nets, thirty
rods in length, and no more.

Sect. 2. Be it further enacted, That the purchaser or purchasers
of any privilege or privileges of catching shad and alewives, as afore-
said, who shall have selected and located or hereafter shall select and
locate the place or places where he or they intend to use his or their
seine or seines, net or nets, for the purpose aforesaid, in that part of
the town of Berkley' which is southerly of a line drawn due east from
the mouth of said Segregansett River, shall be subject to, and shall
regulate and govern himself or themselves, in the use of such privilege
or privileges, b}' all the provisions and requisitions of an act entitled
"An Act to regulate the fishery in Taunton Great River," which
passed on the twent^^-first day of February in the year of our Lord one
thousand eight hundred and tvventy. except so far as the same are in-
consistent with the provisions of this act. — [February 20, 1832.

[1817, 151 ; 1822, 54.]
Ax Act in addition to an Act to regulate the Fisherj' in Monatiquot River in the Town

of Braintree.

1832, 54. Sect. 1. Be it enacted, That the committee or the sur-
vivor or the survivors of them, in case of death of either, annualh'
chosen by the inhabitants of said town of Braintree, pursuant to the
provisions of the first section of said act, be and the}' are hereby
fully authorized and empowered to prosecute, sue for and recover any
and all penalties incurred by any breach or breaches of said act,
before any court of record proper to try the same, and that all fines
and penalties recovered by such committee, suing as such, or by the
survivor or survivors of them, shall be and enure to the sole use of the
said inhabitants of said town of Braintree. — [February 25, 1832.

INLAND FISHERIES. 201

[Sp. Laws, vol. I, p. 272.]

Ax Act in addition to " .\n Act further regulating the Fisherj^ in the Merrimack River

and the Streams running into the same."

1832,56. Sect. 1, Beit enacted. That the fourth and flfth sections
of an act entitled " An Act further regutating the fishery in the Merri-
mack River, and the streams running into the same," passed the
eighteenth da}- of June, in the year of our Lord one thousand eight
hundred and nineteen, be and the same are hereby repealed: pro-
vided, hoicecer, that the said sections shall be in full force as to any
prosecutions commenced for a breach of the same.

Sect. 2. Be it further enacted, That instead of the penalty con-
tained in the third section of the act to which this is in addition, the
person or persons offending against the same shall for such offence
forfeit and pay a sum not exceeding twent}' dollars nor less than five
dollars, to be recovered on complaint made to any justice of the peace
for the county where said offence shall be committed ; one half to the
use of the town where the offence shall be committed, and the other
half to the use of the person or persons who ma}- prosecute for the
same. — [February 25, 1832.

[Sp. Laws, vol. 1, p. 422.]
An Act in further addition to an Act regulating the Fishery in Taunton Great River.

1832, 120, .Sect. 1. Be it enacted. That from and after the
passing of this act, it shall not be lawful for any person or persons to
catch or destroy shad or alewives with scoop nets or with any other
instrument or b}- any other means whatsoever, within one hundred
rods of the dam across Taunton Great River, near Kingsbridge.

Sect. 2. Be it farther enacted. That if an}- person or persons
shall at any time catch or destroy shad or alewives at or within the
distance of one hundred rods from said dam, he or they shall forfeit
and pay a sum not exceeding twenty dollars nor less than five dollars,
for every such offence, to be recovered by indictment, complaint or
action of debt, in any court proper to try the same, to the use of him
who shall prosecute and sue for the same : prooided, hoiuever, that
the penalty herein provided shall not be construed to apply to fishing
with or setting a seine within that distance of said dam, for which a
different penalty is by law provided. — [March 18, 1832.

1833.

[Sp. Laws, vol. 1, p. 313; vol. 2, pp. 192, 469; ISI.i, 111 ; 1819, 137.]
An Act in addition to the several Acts concerning the Fishery in Newmasket River.

1833, 137. Sect. 1. Be it enacted, That Peter H. Pierce and
Horatio G. Wood, their heirs and assigns, be and they are hereby
authorized to keep up and maintain their dam across the Newmasket

202 LAWS RELATING TO

River, in tiie town of Middleborough, near the Old Stone "Weir, so
called, upon the condition that the aforesaid Peter H. Pierce and
Horatio G. Wood, their heirs and assigns, make, or cause to be made
a good and sufficient passage-way for the fish called alewives passing
up said river, and keep the said passage-wa3-*open during the time re-
quired by laws regulating the fisheries on said Newraasket River ;
and upon the further condition that the said Peter H. Pierce and
Horatio G. Wood, and their heirs and assigns, at their own expense,
and free from any expense to said town, and to their acceptance, pro-
vide a suitable place at or near their said dam where said fish ma}' be
conveniently taken, and the said fish-way, and the privilege of passing
to and from the same to the liighwa}', shall be secured to the inhabi-
tants of the town of Middleborough.

Sect. 2. Be it further enacted, That from and after the location
of such new fishing place as aforesaid, it shall be lawful for the inhabi-
tants of said town to take said fish at such new fishing place, and to
dispose of the same in the manner provided b}' law for taking and
selling the same at the Old Stone Weir, as aforesaid. — [March 20,

1833.

[1837, 193.]

An Act to preserve the Eel Fishery at Muskeeket Island, within the Town of Nantucket

1833, 211. Sect. 1. Be it enacted. That from and after the first
<lay of September next it shall not be lawful for any person to take
from the creeks, coves or harbors on the island of Muskeeket, within
the town of Nantucket, a greater number of eels at one time than
three dozen, without a permit from the major part of the selectmen
of said town ; ever}- person offending as aforesaid shall forfeit and
pa}- for each and every additional dozen so taken the sum of fifty
cents.

Sect. 2. Be it further enacted, That if any boat or craft shall be
found within the limits aforesaid with any more eels on board than
this act allows to be taken by permit from the selectmen aforesaid, it
shall be the duty of such person or persons as shall be chosen by the
said town of Nantucket to see to the execution of this law, to seize
on such boat or craft and detain the same not exceeding forty-eight
hours, in order that the same be attached or arrested by due process
of law and made answerable for said fines and forfeitures, with costs'
of suit : provided, however, that as soon as the master or owner of
such boat or craft shall pay such fines and forfeitures to the treasurer,
if he shall pay the same before being sued, such boat or craft shall be
discharged with the effects therein.

Sect. 3. Be it further enacted. That the said town of Nantucket
are hereby authorized to choose annually such number of fish-wardens

INLAND FISHERIES. 203

as the}' ma}' judge necessaiy, who shall be sworn to the faithful dis-
charge of their duty, whose duty it shall be to prosecute for all offences
against this act ; and all fines and forfeitures that shall be incurred b}'
virtue thereof shall be one half to him or them who shall sue for the
same, and the other half to the use of said town of Nantucket ; and
the same shall be recovered, with legal costs of suit, b}* an action of
debt, in an}' court proper to try the same, — [March 28, 1833.

[1850, 6; 1855, 116; 1858, 95; 1870, 284.]

1834.

[1821, 62.]

An Act to repeal all Laws heretofore made for regulating the Alewive Fishery in a
certain Stream in the Towns of Dracut and Methuen.

1834, 117. Sect. 1. Be it enacted^ That all laws heretofore made

regulating the alewive fishery in a certain stream which flows from

Peter's Pond, in Dracut, in the county of Middlesex, and Metiiuen in

the county of Essex, into Merrimack River, running through Bartlett's

farm, and on which are situated Barllett's Mills in Methuen, and

Richardson's Mills in Dracut, or that require any passage-way for said.

fish through or around any dams across said stream are hereby

repealed. — [March 25, 1834.

^

[1824, 107.]
Ax Act concerning Alewives in Herring River, in the Town of Sandwich.

1834, 126. Sect. 1. Be it enacted^ That the selectmen of the
town of Sandwich for the time being, or a major part of them, are
hereby empowered, in the month of March or April annually, to pre-
scribe the time, place or places, and manner of taking alewives in
Herring River, in the town of Sandwich, such time not to exceed four
days in a week ; and they shall appoint some suitable person or per-
sons to take the same, and fix the compensation to be paid therefor.

Sect. 2. Be it further enacted^ That the owners or occupants of
dams across said river shall annually, during such time, not exceeding
sixty days in each year, as shall be prescribed by the selectmen of
said town, or the major part of them, for the time being, keep con-
stantly open and maintain through, over or around their respective
dams, a passage sufficient and proper for the passage of said fish, to
the satisfaction of said selectmen, under a penalty not less than ten
nor more than sixty dollars for eacli and every twenty-four hours they
shall neglect to open a passage-way as aforesaid ; and the said select-
men shall, thirty days at least before the commencement of said
period, n6tify in writing the owners or occupants of said dams of the
time when the said passage-ways shall be opened, and the manner in
which they shall be constructed and regulated : provided, however,
that if any owner or occupant shall at any time be dissatisfied with the

204 LAAVS RELATING TO

determination of said selectmen in relation to the construction or regu-
lation of such passage-way or passage-ways, such owner or occupant
may, by application in writing to the selectmen of the town of Bai'ns-
table for the time being, in said county of Barnstable, who are hereby'
constituted a committee for that ()urpose, cause such passage-wa\' or
passage- wa3'S to be fixed, prescribed and regulated in writing by said
committee ; and such passage-waj' or passage-ways shall be, by the
owners or occupants of said dam or dams, kept open and regulated in
wid,th and depth, and in all other respects pursuant to said written
determination of said committee, under the same penalty as is herein
before provided ; and the expense of said committee shall be paid by
the owners or occupants of said dam or dams, or by the said town of
Sandwich, as said committee shall adjudge.

Sect. 3. Be it further enacted, That the said selectmen of the town
of Sandwich shall have full power and authority to cause the natural
course of the stream through which said fish pass to be kept open and
free of obstructions, except the dams aforesaid, and to remove all such
obstructions, except as aforesaid ; and for that purpose as well as for
the other purposes of this act, shall have authority to go upon the land
or meadow of any person through which said stream runs, without
being deemed trespassers ; and if any person or persons shall molest
the said selectmen, or either of them, in the execution of his or their
duties under this act, or shall obstruct the passage of said fish, except
as aforesaid, the person or persons so offending shall, on conviction
thereof, before any justice of the peace in the county of Barnstable,
pay a fine for every such offence, not exceeding twenty nor less than
ten dollars.

Sect. 4. Be it further enacted, That if any person or persons shall
take an}' of the fish aforesaid in said river, or in the ponds in which
said fish cast their spawn, at any time, or in any place or manner other
than shall be allowed by said selectmen as aforesaid, each person so
offending shall for each and ever}' ofl!ence, on conviction thereof, pay
a fine not exceeeding twenty dollars nor less than one dollar.

Sect. 5. Be it further enacted, That from and after the passing of
this act, the inhabitants of said town at their annual March meeting,
shall determine the quantity of said fish that each family in said town
shall receive, and establish the price they shall pay therefor.

Sect. 6. Be it further enacted, That all persons not otherwise dis-
qualified, shall be taken to be competent and legal witnesses in an}^
prosecution upon this act, they being inhabitants of said town of Sand-
wich notwithstanding.

Sect. 7. Be it further enacted. That all the forfeitures incurred by
virtue of this act shall be two-thirds to the nse of the said town of
Sandwich, and one-third to the person or persons giving information^

INLAND FISHERIES. 205

to be recovered in an action of debt, in any court proper to tr}' the

same, to be brought. b3^ the treasurer thereof.

Skct. 8. Be it farther enacted, That the Herring Pond Indians

shall be allowed the same privileges in relation to -said fish, as have

heretofore been usuallv granted them bv said town of Sandwich. —

[March 27, 1834.

[1853,95; 1854, 285.]

» T

1835.

An Act concerning the proprietors of Mills on Concord River.
1835, 8!). Sect. 1. Be it enacted, That all laws heretofore passed
to prevent obstructions to the passage of fish, and all laws obliging
the proprietors of mills to leave a passage in their dams for said fish,
be and they are hereby' repealed, so far as tliey relate to or aflfect the
proprietors of mills on the Concord River. — [March 30, 1835.

[Sp. Laws, vol. 1, p. 296; 1812, 103.]

Ax Act to repeal " An Act to regulate the Taking of Fish in Connecticut River."

1835, 137. Sect. 1. Be it enacted, That a statute of the year one

thousand eight hundred and twelve, chapter one hundred and three,

entitled " An Act to regulate the taking of fish in Connecticut River,"

be and the same is hereby repealed. — [April 8, 1835,

1836.

[Sp. Laws, vol. 1, p 200.]
An Act to regulate the Alewive Fishery in the Town of Wcllfleet.

1836, 56. Beit enacted, etc., as follows : Sect. 1. The selectmen
of the town of AVellfleet for the time being, may, in the month of
March or April annually, prescribe the time, place or places and man-
ner of taking alewives in the creeks and brooks in the town of Well-
fleet, such time not to exceed four days in a week ; and they ma}-
appoint some suitable person to take the same, or they may sell the
right to take said fish as they think best, and shall fix the compensa-
tion therefor. ^

Sect. 2. Said selectmen may cause the natural courses of the
streams through which said fish pass, to be kept open and free of
obstructions, and for that purpose, as well as for other purposes of
this act, may go upon the land or meadow of any person through
which said streams run, without being deemed trespassers, and if any
person molest the said selectmen or either of them in the execution
of his or their duties under this act, or shall obstruct the passage of
said fish, the person so offending shall forfeit and pay a fine for every
offence not exceeding twent}' nor less than ten dollars upon convic-
tion thereof, before any justice of the peace for the count}' of Barn-
stable, not an inhabitant of said town of Well fleet.

200 LAWS RELATING TO

Sect. 3. If an}- person shall take any of the fish aforesaid in the
creeks or brooks or ponds in which said fish cast their spawn, at any-
time or in any place or manner other than shall be allowed by said
selectmen as aforesaid, each peison so offending, for each and everj-
offence, on conviction thereof, shall pay a fine not exceeding twenty
dollars.

Sect. ,4. The inhabitants of said town at their annual meeting,
shall determine the quantity of said fish, lach family in said town
shall receive, and establish the price they shall pay therefor.

Sect. 5. All persons not otherwise disqualified, shall be taken to
be competent and legal witnesses in any prosecution upon this act,
they being inhabitants of said town of Wellfleet notwithstanding.

Sect. 6. All the forfeitures incurred b}' virtue of this act shall be
two-thirds to said town of Wellfleet, and one-third to the person or
persons giving information, to be recovered in an action of debt in
any court proper to try the same, to be brought by the treasurer
thereof.

Sect. 7. All laws heretofore made regulating the alewive flsherj-
in the said town of AVellfleet are hereby repealed. — [March 23, 1836.

[1865, 85.]

[Sp. Laws, vol. 3, p. 378.]
An Act to regulate the Fishery in Palmer's River.

1836, 130. Be it enacted^ etc., asfolloivs: Sect. 1. From and
after the passing of this act, no person, except as is hereinafter pro-
vided, shall take shad or alewives in seines or with nets, in Palmer's
River, in the town of Swansey, in the county of Bristol, from the first-
day of April to the twentieth day of June, in each year: provided^
that the inhabitants of Swansey may, at a legal meeting held for that
purpose, dispose of the privilege at public aucticju, of taking shad and
alewives with seinei? o^b't i" said river, for the time aforesaid, to such
persons as may ofler the highest price for the same, and shall give
sufficient security for the pa^'ment of the purchase mone}', at such
time and in such manner as the town shall order.

Sect. 2. The town of Swansej- may have two seines only, and
each seine ma}' have the privilege of sweeping three days, in the
day-time only, in each week, beginning on Monday at sunrise and
ending at sunset on Wednesdaj-, ami may sweep in any part of the
river aforesaid, between Rhode Island line and Rehoboth line on said
river.

Sect. 3. The town of Swansey, at their annual meeting in March
or April, ma}' choose one or more suitable persons to serve as fish-
wardens, who, when sworn, shall see this act enforced and may pros-
ecute for all violations thereof.

INLAND FISIIKRIES. 207

Sect. 4. If an}' person shall sweep with an}' seine or net at any
time, place or manner other than as before mentioned, or shall set
any seine, net, weare or other obstruction in said river or in any part
thereof, with the intent to take or destroy any shad or alewives, he
shall forfeit and pay fifty dollars for each offence, to be recovered to
the use of the county in which the offence was committed, or by action
of debt, one half to the use of the person prosecuting for the same
and the other half to the use of the town in which the offence shall be
committed.

Sect. 5. . All laws heretofore passed relating to the fishery in Pal-
mer's River in Swansey, are hereby repealed. — [April 4, 18;3fi.

[1837, 184.]

[Sp. Laws, vol. 1, pp. 238, 512.]
An Act further to regulate tbe Fisheries in Mystic River.

1836, 158. Beit enacted^ etc., as follows : Sect. 1. The inhabi-
tants of the town of Medford may hereafter take shad and alewives
in the Mystic River, on the flood as well as on tbe ebb tide, on Wed-
nesday of each week, between the first day uf March and the last day
of June, inclusive, anything in the "act of February fourteenth, in
tbe year eighteen hundred and twenty-one," for the regulation of the
shad and alewive fishery in Cambridge, Charlestown, Medford and
West Cambridge to the contrary notwithstanding. — [April 8, 183G.

[1845, 149.]

An Act to incorporate the Andrews Fishing Company in Harwich.

1836,177. Be it enacted, etc., as folio 'A-s: Sect. 1. Elijah Small,
Obed Brooks, Alvan Walker, their associates and successors, are
"hereby made a corporation by the name of the Andrews Fishing Com-^
pany, in Harwich, for the purpose of making the necessary improve-
ment for the preservation and taking of the fish called alewives in
Andrews River in said Harwich, and for that purpose shall have all
the powers and privileges and be subject to all the duties, restrictions
and liabilities set forth in the forty-fourth chapter of tiie Revised Stat-
utes, passed on the fourth day of November in the year one thousand
eight hundred and thirty-five.

Sect. 2. If any person, without the permission of the corpora-
tion, shall take, catch or haul on shore any of said fish in said river
or the pond from which said river issues, or within one-fourth of a
mile, in any direction, from the mouth of said river, he shall forfeit
and pay a fine, not exceeding five dollars for each offence if the quan-
tity so taken be less than one barrel ; but if the quantity be more
than one barrel such person so offending shall forfeit and pay for each
barrel of fish so taken, five dollars, for the use of said corporation,
to be recovered in any court proper to try the same ; nor shall said

208 LAWS RELATING TO

corporation haul on shore any fish within one-fourth of a mile from
the mouth of said river, under the penalty of twentj^-five dollars for
each otfence.

Sect. 3. Said corporation may, at their own expense, make a free
passage for said fish into the mill-pond at the head of said river, for
the space of fifteen days, annuall}', in the month of April or May :
X>rovided, they do not injure the owner of the dam now erected upon
said river.

Sect. 4. If any damage shall be done b}' said corporation to the
property of an}' individual not a member of the corporation, such in-
dividual shall be entitled to reasonable damage therefor.

Sect. 5. All persons who are now or shall hereafter be owners of
land adjoining said river, may become members of said corporation,
subject, liowever, to pay their proportional part of the expenses
which shall have been incurred by said corporation before the time of
their admission. — [April 9, 1836.

[Sp. Laws, vol. 2, p. 434.]
An Act further regulating the Alewive Fishery in Weymouth.

1836, 198. Be it enacted, etc. ^ as follows: Sect. 1. The right of
taking the fish called alewives in the town of Weymouth and which
right is now limited, by an act passed March the seventh, in the year
one thousand eight hundred and one, to Mondays, Wednesdays and
Frida3's, shall hereafter, under the limitations and restrictions of the
said act, be extended to Saturdays also. — [April 9, 1836.

[1846, 92.]

An Act to incorporate the Orleans Fishing Company.

1836, 205. Be it enacted, etc., as follows : Sect. 1. Nathan Rog-
ers, James Higgins, Samuel Eldridge, their associates and successors,
are made a corporation by the name of the Orleans Fishing Companj^,
in Orleans, and are empowered to open the brook running from Hes-
ter's Pond, so called, to Pleasant Ba}' in said Orleans, so far as is
necessary for the purpose of an alewive fisher}', and to regulate the
same ; and for this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and liabilities contained
in the forty-fourth chapter of the Revised Statutes, passed on the
fourth day of November, one thousand eight hundred and thirty-five.

Sect. 2. If any person without the permission of the corporation,
shall take, catch or haul on shore any alewives in said brook or pond,
or within one-eighth of a mile in an}' direction from the mouth of said
brook, he shall forfeit and pay, for tiie use of said corporation, a sum
not exceeding two dollars if the quantity so taken be less than one
barrel ; but if the quantity taken be more than one barrel the person

INLAND FISHERIES. 209

so offending shall forfeit and pay for each barrel of fish so taken, five
dollars, to be recovered in an}- conrt proper to tr^' the same.

Sect. 3. If au}- damage shall be done by said corporation to the
property of an}^ individual not a member of said corporation, such
individual shall be entitled to reasonable-damage.

Sect. 4. All persons who now are or may hereafter be owners of
land adjoining said brook may become members of said corporation,
subject, however, to their proportional part of the expenses which
may have been incurred by said corporation before the time of their
admission.

Sect. 5. An}- member of this corporation who shall take or catch,
by seine or otherwise, an}- alewives within the limits mentioned in
the second section of this act, except in tlie brook or pond aforesaid,
shall incur the penalty provided for in said section, to be recovered in
the manner therein set forth. — [April 11, 1836.

[Sp. Laws, vol. 2, p. 214.]
An Act in relation to the Alewive Fishery in Weweantit River.

1836,218. Be it enacted, etc., as follows: Sect. 1. All the pro-
visions of the several laws relating to the fish called alewives in
Weweantit Eiver, and the fishery connected with said river, so far
as any duties are required of or any liabilities are imposed on the
inhabitants of the town of Rochester in the county of Plymouth,
are hereby repealed.

Sect. 2. All the rights and privileges by law conferred on the
inhabitants of the said town of Rochester to the fishery of said river
and the proceeds thereof, are hereby conferred on Joshua B. Tobej,
his heirs and assigns, and he and they are required, in the fall of each
successive year hereafter, to appoint three suitable persons as mem-
bers of the committee for said river, who shall be required to per-
form the same duties and are vested with the same authority as the
committee of the town of Rochester now are, and the said Tobey, his
heirs and assigns, shall be subject to the same pecuniary liabilities as
the inhabitants of Rochester now are. — [April 13, 1836.

1837.

[1831, 73.]

Ax Act in addition to an Act to incorporate the Skinnaquits Fishing Company in Har-
wich and Chatham.

1837, 18. Be it enacted, etc., ns follows: Sect. 1. The time of
holding the annual meeting of the Skinnaquits Fishing Company in
Harwich and Chatham, shall be on the first Tuesday in March instead
of the first Tuesday in April, as provided in the act to incorporate
said company. — [February 22, 1837.

210 LAWS RELATING TO

An Act to incorporate the Fish Wear Company.

1837,92, Beit enacted, etc., as follows : Sect. 1. John Kendrick»
Isaac Linnell, Josiah Linnell, their associates and snccessors, are
hereby made a corporation b^' the name of the Fish Wear Company,
for the purpose of constructing a fish wear in the waters of Nanwicoit
Point, so called, in the south-easterly part of the town of Orleans, in
the county of Barnstable, for the purpose of taking fish ; and for this
purpose shall have all the powers and privileges, and be subject to all
the duties, restrictions and liabilities contained in the forty-fourth
chapter of the Revised Statutes.

Sect. 2. Said wear shall not extend farther into the water than to
the depth of four feet at low water.

Sect. 3. If any person shall take an}' fish from said wear without
the permission of said corporation, he shall forfeit to said corporation
a sum not exceeding five dollars, if the quantity so taken be less than
one hundred pounds, but if the quantit}' taken be more than one hun-
dred pounds, the person so offending shall forfeit five dollars for every
hundred pounds of fish so taken, to be recovered in any court proper
to tr}' the same.

Sect. 4. If an}' person shall take by seine any fish within twenty
rods of the location of said wear, he shall forfeit a sum not exceeding
six dollars for each offence, for the use of said corporation, to be
recovered as aforesaid — [March 25, 1837.

An Act to incorporate the North Falmouth Fishing Company.

1837, 118. Be it enacted, etc., as follows: Sect. 1. Ebenezer
Nye, Prince N3'e and Benjamin Nye, their associates and successors,
are hereby made a corporation b}" the name of the North Falmouth
Fishing Company, in North Falmouth, and are empowered to regulate
the brook running from N3'e's Pond, so called, to Cautomot Harbor
in said Falmouth, so far as is necessary, for the purpose of an alewive
fishery ; and for this purpose shall have all the powers and privileges
and be subject to all the duties, restrictions and liabilities set forth in
the forty-fourth chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of the corporation,
shall take, catch, or haul on shore any alewives in said brook, or
within one-eighth of a mile in au}^ direction from the mouth of said
brook, he shall forfeit and pa}' for the use of said corporation a sum
not exceeding two dollars, if the quantit}' so taken be less than one
barrel ; but if the quantity taken be more than one barrel, the person
so off'endiug shall forfeit and pay for each barrel of fish so taken, five
dollars, to be recovered in an}' court proper to try the same.

Sect. 3. If any damage shall be done by said corporation to the
property of any individual not a member of the corporation, such

INLAND FISHERIES. 211

individual shall be entitled to reasonable damage, to be estimated in
the same manner as damages occasioned b}' the laying out of liigh-
waj's. — [April 7, 1837.

[1815, 83.]
An Act to further regulate the Fishery in Dennis.

1837, 135. Be it enacted, etc., asfollotvs: Sect. 1. The com-
mittee chosen b}- the inhabitants of the town of Dennis, at their annual
meeting to regulate the fishery in said town, shall, in addition to their
duties now b}- law prescribed, appoint all such suitable persons as
make application, being inhabitants of said Dennis, to catch alewives
in said town, and fix the compensation to be paid therefor.

Sect. 2. The inhabitants of said town, at their annual meeting,
shall determine the quantity of said fish each family in said town
shall receive, and establish the price they shall pay therefor. — [April
12, 1837.

An Act to incorporate the Rock Harbor Fishing Company in Orleans.

1837, 159. Be it enacted, etc., as follows: Sect. 1. Ilichard
Sparrow, Ira Mayo and Timothy' Smith, their associates and suc-
cessors, are hereby made a corporation by the name of the Rock
Harbor Fishing Compan}' in Orleans, in the count}^ of Barnstable,
and are empowered to open the stream running from Tan Pond, so
called, to the mouth of Rock Harbor in said Orleans, so far as is
necessary, for the purpose of an alewive fisher}-, and to i-egulate the
same ; and also to erect a fish-wear on the north side of Xanwicoit
River in said Orleans, in Meeting-house Pond, so called, where said
river and pond adjoin the land of Isaac Doane ; and for this purpose
shall have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the fortj'-fourth chapter
of the Revised Statutes.

Sect. 2. If any- person, without the permission of the corporation,
shall take, catch or haul on shore any alewives in said Tan Pond or
stream, he shall forfeit and pay, for the use of said corporation, a
sum not exceeding two dollars, if the quantity- so taken be less than
one barrel ; but if the quantity be more than one barrel, the person
so offending shall forfeit and paj- for each barrel of fish so taken, five
dollars ; or if any person shall take an}- fish from said wear, without
permission of said corporation, he shall forfeit and pay a fine not
exceeding five dollars, if the quantity so taken be less than one hun-
dred pounds, but if the quantity so taken exceed one hundred pounds,
he shall forfeit and pay five dollars for every hundred pounds so taken,
to be recovered in any court proper to try the same.

Sect. 3. If any damage shall be done by said corporation to Uie

212 LAWS RELATING TO

property of any individual, not a member of said corporation, such
individual shall be entitled to reasonable damage, to be estimated in
the same manner as damages happening in the lading out of highways.

Sect. 4. If said corporation shall, in the prosecution of their work,
cross any highway, they shall do it in such a manner as shall not un-
reasonably incommode the travel on said way, and shall leave said
way in as good repair as it was before the alteration or crossing of
the same.

Sect. 5. All persons who now are or shall hereafter be owners of
land adjoining said Tan Pond and stream running therefrom to the
mouth of Rock Harbor, may become members of said corporation,
subject, however, to pay tlieir proportional part of the expenses
which shall liave been incurred by said corporation before the time of
their admission. — [April 13, 1837.

An Act to regulate the Weight of Fish.

1837, 166. Be it enacted, etc., as follows: Sect. 1. When fish are

sold b}' the quintal, it shall be understood to mean a quintal of one

hundred pounds avoirdupois, and all contracts concerning fish sold

in this manner shall be understood and construed accordingly'. —

[April U, 1837.

[P. s. 56, ^ 47.]

[1836, 130]
An Act further regulating the Fishery in Palmer River in Rehoboth.

1837, 184. Be it enacted, etc., as follows: Sect. 1. If an}' per-
son shall make or cause to be made, or shall continue any wear in
Palmer River, in the town of Rehoboth, in the county of Bristol, up
stream from the land now belonging to Ro3'al Horton, situate on the
westerly side of said river, he shall forfeit and pa}' fifteen dollars for
each oflence.

Sect. 2. All forfeitures named in this act or in either of the acts
to which this is in addition, may be recovered either b}' indictment
for the use of said count}', or otherwise, as now provided by law.

Sect. 3. All acts and parts of acts regulating the fishery iti said
town, inconsistent with this act, are hereby repealed.

Sect. 4. This act shall take effect from and after the passage of
the same. — [April 18, 1837.

[1844,63; 1852,92.]

[1822, 54.]

An Act to authorize Abraham Hobart to erect a Dam across Monatiquot River in the

Town of Braintree.

1837, 189. Be it enacted, etc., as foUoivs: Sect. 1. Abraham

Hobart, of Braintree, his heirs or assigns, are hereby authorized to

erect a mill-dam across Monatiquot River, in said town, three or

INLAND FISHERIES. 213

four rods below where his present dam is now located, to be raised
no higher than the tide usuall}- flows, wiih a sufficient passage or
sluice-way therein, for the passage of such vessels, boats or rafts
as may have occasion to go up and down said river, of at least
twenty-four feet in width, with good and sufficient sluice-gates, to be
constructed with paddle-gates therein, of two feet square: provided,
hoivever, that the mud-sill upon which said sluice-gates are placed,
shall not rise more than twelve inches above the bed of the river, and
that said sluice-gates shall at all times be opened b}' said Hobart, his
heirs or assigns, when it is practicable so to do, for the passage of
vessels, boats or rafts up and down said river : and 2^i'0vide.d, further ,
that at all times during the continuance of said dam, there shall be
kept up and maintained upon the water privilege created by said dam,
a grist-mill in which shall be ground all kinds of grain, and that there
shall be maintained in said dam a sufficient passage-way for the her-
ring and other fish to pass up said river, and provided, further, that
nothing herein contained shall authorize said Hobart, his heirs or
assigns, to appropriate for said dam and privilege, the property or
lands of others, except in the manner now provided b}^ law. And
that said dam shall be erected within three 3'ears from and after the
passage of this act. — [April 18, 1837.

[Sp. Laws, vol. 1, p. 313; 1833, 137.]
An Act to regulate the Alewive Fishery in Middleborough.

1837, 193. Be it enacted, etc., as follows: Sect. 1, The inhabi-
tants of the town of Middleborough, in the county of Plymouth may,
at au}' meeting called for that purpose, dispose of their right of taking
alewives in said town b}' contract or b}' sale at public auction, for a
term not exceeding five 3'ears, on any one contract or sale ; or said
town may improve their right aforesaid, b}' choosing agents to take
said alewives, and dispose of the same as the town may from time to
direct.

Sect. 2. All acts and parts of acts regulating the fishery in said
town inconsistent with this act, are hereb}' repealed.

Sect. 3. This act shall take effect from and after the passage
thereof.— [April 18, 1837.

[185.5, 401 ; 1863, 73.]

[Sp. Laws, vol. 2, p. 117 ]
An Act to regulate the Fishery in Newbury.
1837, 195. Be it enacted, etc., as follows : Sect. 1. The inhab-
itants of the town of Newbury, in the county of Essex, may, at any
legal meeting called for that purpose, regulate the taking the several
kinds of fish in Parker River and other streams within said town, or
dispose of the privileges of taking the same to their own use and

214 LAWS RELATING TO

benefit, in an}- manner they may think proper, and shall choose by
ballot, a committee consisting of three discreet persons, who shall
cause the^regulations adopted by said town to be carried into effect,
who shall be sworn to the faithful performance of their diit}'.

Sect. 2. Tlie selectmen for the time being shall post up in three
or more public places in said town, the regulations established by said
town respecting the fishery in the river and streams aforesaid.

Sect. 3. If an^- person shall take any fish in said river and
streams at any^time or in any place or manner, other tlian shall be
allowed by said town as aforesaid, he shall for each offence, on con-
viction thereof, pay a fine not exceeding five dollars, to be recovered
in any court proper to tr^- the same, to the use of him who shall
prosecute for the same : provided^ however^ that nothing contained in
this act shall be so construed as to prohibit any inhabitant of the
town of Rowle}', from taking fish in that part of the branch of
Parker River called Mill River, which constitutes in part the divid-
ing line between the towns of Newbury and Rowley.
'•tSSect. 4. All acts and parts of acts inconsistent with the provi-
sions of this act, are hereb}' repealed. — [April 18, 1837.

[1859, 54.]

1838.

[Sp. Laws, vol. 2, p. 255,]
Ax Act to regulate the Fishery in the Agawam and Half-way Pond Rivers.

1838, 19. Be it enacted, etc., as follows: Sect. 1. The towns of
Plymouth and Warehara shall annually, at their meetings in the month
of November, respectively, choose by ballot a committee of not more
than three persons each, who shall be sworn to the faithful discharge
of their duties, in the manner of other town oflflcers ; which committee
shall in the month of March, annually, after a public notice of at least
ten days, sell b}' public vendue the privilege of taking the fish called
alewives and shad in the Agawam and Half-way Pond Rivers, in
the count}' of Plymouth, at such places not exceeding two in said
towns, and on such days not exceeding three in each week, as said
committee shall agree upon and publish in their notice of sale ; they
shall also express in said notice the manner of taking and disposing of
said fish, and the price at which the purchasers may sell them, which
price shall not exceed twentj'-five cents a hundred for alewives and four
cents each for shad : provided, nevertheless, that said committee may fix
upon one place in the town of Wareham, and one day in each week,
for taking shad ditferent from the place and day of the week appointed
for taking alewives.

Sect. 2. The committee of the town of Pl3'mouth, the first year
after the passage of this act, and the committee of the town of "Ware-

INLAND FISHERIES. 215

liam the second year, and so on alternately forever, shall notify the
town clerk of the other town concerned in said fishery, of the time
and place in which said committees shall meet, ten days at least be-
fore the time of meeting ; and the members of the committee present
at said meeting shall constitute a quorum for doing business..

Sect. 3. If either of said towns shall neglect to choose its com-
mittee as aforesaid, or if the committee of either town shall neglect to
give notice, as above required, to the other, said town shall forfeit and
pay to the use of the other which shall choose such committee or
whose committee shall give said notice, for each neglect, the sum of
one hundred dollars.

Sect. 4. All persons except the purchasers as aforesaid, or those
emplo3'ed by'them, who shall take any of said fish in said rivers or
in any pond or stream having communication therewith, between the
first day of April and the first day of .June, both inclusive, in each
year, shall forfeit and pay not more than twenty dollars for each and
every offence.

Sect. o. The owner or occupier of anj'^ dam on said rivers shall
annuall}', between the first day of April and first day of June next
following, for such term of time and in such manner as said committee
shall direct, open a sufficient passage for said fish through said dam ;
and on failure of opening such passage or of continuing the same
open as aforesaid, shall forfeit and pa}' the sum of one hundred dol-
lars ; and said committee ma}' open such dam when neglected as
afoi'esaid, at the expense of the proprietor thereof: provided^ no more
damage is thereby' done the owner than is necessar}^ to effect said
purpose.

Sect. 6. If any person shall make any wear or cause any other
obstruction to the free passage of said fish up said rivers, or shall take
any of said fish, or shall make use of any seine to take said fish in
said rivers or in an}^ pond or stream communicating with the same, in
an}' other manner or at any other time or place than such as may be
approved and established by said committee, between the first day of
April and first day of .June as aforesaid, he -shall forfeit and pay not
more than twenty dollars for each and every offence ; and said com-
mittee shall remove such wear or obstruction at the expense of the
person causing the same, and also seize, to the use and disposal of
said towns, any seine used as aforesaid, and make complaint to the
town treasurer of either of the towns aforesaid, of any violation of
this act that shall come to their knowledge.

Sect. 7. The treasurers of the aforesaid towns respectively, may,
upon any complaint of any member of the committees sue for the
recovery of any forfeitures incurred by a breach of any of the regula-
tions provided in this act, and also of any such further regulations as

216 LAWS RELATING TO

ma}' be provided and established bj' said committees, in conformity ta
this act ; and all fines and forfeitures recovered for an}' breaches
aforesaid, except such as are provided in the third section of this :ict,
shall, together with the proceeds of said fishery, be equally' divided
between said towns ; and all the expenses attending said suits, shall
in like manner be equally borne b}' them. And the treasurers afore-
said respectively, may, in behalf of their respective towns, recover,
by an action on the case, of an}' person or corporation withholding
the same, one-half part thereof, in any court proper to try said
action.

Sect. 8. The purchasers of the privilege of taking said fish shall
in all respects conform themselves to such regulations and conditions
as said committee shall publish, as aforesaid ; and on fkilure thereof
shall forfeit and pay for each offence a sum not exceeding twent}'
dollars.

Sect. 9. An}- member of the committees aforesaid may be admitted
as a competent witness in any prosecution for a breach of any regula-
tion as aforesaid.

Sect. 10. The committees chosen b}- said towns in the month of
November last, for regulating the taking of alewives in said rivers,
agreeably to the provisions of the act then existing for that purpose,
may perform all the duties for the present year that are required of
committees hereafter to be chosen under the provisions of this act;
and they, as also committees hereafter chosen for the purposes of said
fishery, one dollar and twenty-five cents each for every day's service
they may be actually engaged in performing the duties herein required
of them.

Sect. 11. All laws heretofore passed respecting the fisher}^ in said
rivers are hereby repealed, excepting so far as respects any penalties
already incurred for a breach of the same.

Sect. 12. This act shall take effect from and after its passage. —
[February 26, 1838.

[1844, 65 ; 1853, 377.]

An Act to incorporate the Sandwich Buzzard's Bay Fishing Company.

1838,111. Be it enacted, etc. ^ as follows : Sect. 1. Edward B
Gibbs, Henr}' Gibbs and Benjamin Bourne, their associates and suc-
cessors, are hereby made a corporation by the name of the Sandwich
Buzzard's Bay Fishing Company, in the town of Sandwich, in the
coimty of Barnstable, with authorit}' to regulate the brook running-
through their lauds, from Great Pond through other smaller ponds
into Buzzard's Bay, in said Sandwich, as far as is necessary, for the
purpose of an alewive fishery ; and for this purpose shall have all the
powers and privileges, and be subject to all the duties, restrictions

INLAND FISHERIES. 217

and liabilities set forth in the fort3'-fourth chapter of the Revised
Statutes.

Sect. 2. If any person, without the permission of said corpora-
tion, shall take, catch or haul on shore any alewives in said brook, or
within one-eighth of a mile in any direction from the mouth of said
brook, he shall forfeit and pay, for the use of said corporation, a sum
not exceeding two dollars for an}' quantity less than one barrel so
taken, and the sum of five dollars for ever}' barrel so taken, to be
recovered in an}' court of competent jurisdiction.

Sect. 3. If an}- damage shall be done by said corporation to the
property of any person not a member of said corporation, such person
shall be entitled to damages, to be estimated in the same manner as
damages occasioned by the laying out of highways.

Sect. 4. All persons who are or shall hereafter be owners of
land adjoining said ponds or brooks, may become members of said
corporation, subject, however, to |)ay their proportional part of the
expenses which shall have been incurred by said corporation before
the time of their admission as members. — [April 13, 1838.

1839.

An Act to incorporate the Tr.ap's Creek Fishing Company in Edgartown.

1839, 83. Be it enacted, etc., as follows: Sect. 1. John Coffin,
Nicholas Norton, Chase Pease, their associates and successors, are
hereby made a corporation by the name of the Trap's Creek Fishing
Company, in Edgartown, in the county of Dukes County, and are
empowered to alter the present outlet of Trap's Pond, so called, for
the purpose of flowing the meadows in the winter season, and for a
herring fishery therein, and to regulate the satae ; and for this purpose
shall have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the forty-fourth chapter
of the Revised Statutes.

Sect. 2. If any person, without the permission of said corpora-
tion, shall take, catch or haul on shore any herring in said pond or
creek, he shall forfeit and pay, for the use of said corporation, a sum
not exceeding three dollars, if the quantity so taken be less than one
barrel; but if the quantity be more than one barrel, the person so
offending shall forfeit and pay for each barrel of fish so taken the sum
of five dollars, to be recovered in any court proper to try the same.

Sect. 3. Nothing herein contained shall authorize the said com-
pany to take or use the private property of any person without his
consent.

Sect. 4. All persons who now are, or may hereafter be, owners of
land adjoining said Trap's Pond and Creek, may become members of
said corporation, subject, however, to pay their proportional part of

218 LAWS KELATING TO

the expenses which shall have been incurred b}' said corporation before
the time of their admission. — [April 3, 1839.

[1848, 47 ; 1855, 299.]

An Act to protect the Fisheries in certain Rivers in Barnstable and Marshpee.

1839, 102. Be it enacted, etc., as follows: Sect. 1. No person
shall take any fish with a seine in Oyster Island Harbor, in Barn-
stable, or in Poppenessett Harbor, in Barnstable and Marshpee, or
in any of the bays or rivers connected with said harbors, between the
first da}' of Ma}- and the tenth da3' of June annually, under a penalty
not exceeding twenty dollars for each offence, to be recovered in au}'
court proper to try the same, to the use of the person who shall
prosecute therefor.

Sect. 2. This act shall take effect from and after its passage. —
[April 5, 1839.

[1852, 35 ; 1860, 46 ; 1884, 264.]

An Act to incorporate the Eastham Fishing Company.

1839, 123. Be it enacted, etc., as follows : Sect. 1. Barnabas F-
Knowles, Richard Sparrow and Freeman H. Myrick, their associates
and successors, are hereb}- made a corporation by the name of the
Eastham Fishing Company, for the purpose of constructing a fish-
wear on the flat ground adjoining the upland of Henry Mayo, in
Eastham, in the county of Barnstable, with leave to extend the same
into the channel adjoining said flat ground, one-fourth of the width
thereof, for the purpose of taking fish ; with all the powers and privi-
leges, and subject to all the duties, restrictions and liabilities set forth
in the fort3'-fourth chapter of the Revised .Statutes.

Sect. 2. If any person shall take any fish from said wear without
the permission of said corporation, he shall forfeit and pay to them a
sum not exceeding five dollars, if the quantity so taken be less than
one hundred pounds ; but if the said quantit}' be more than one hun-
dred pounds, he shall forfeit five dollars for every hundred pounds so
taken, to be recovered in any court proper to trj- the same.

Sect. 3. If any damage shall be done by said corporation to the
property of any person not a member thereof, such person shall be
entitled to damages, to be estimated in the same manner as damages
occasioned by the lading out of highways. — [April 6, 1839.

[1814, 22.]

An Act relating to the Fishery in Ipswich River.

1839, 134. Be it enacted, etc., as follows: Sect. 1. The owners

or occupants of the dam at Farley's Mill, so called, in Ipswich, their

successors and assigns, shall, within ninety days from the passage of

this act, construct, to the satisfaction and acceptance of the committee

INLAND FISHERIES. - 219

hereinafter named, a good and sufficient passage-way for the fisli to
pass over said dam up Ipswich River ; and the said owners shall keep
said passage-wa}', or cause the same to be kept open and in good
repair from the tenth day of April to the first day of June annuall}',
under a penalty not exceeding twent}- dollars for each and every day
the}' shall neglect so to do, to be recovered in an}- court of competent
jurisdiction, to the use of the town which shall sue therefor.

Sect. 2. Charles Marston, of Barnstable, Elijah Swift, of Fal-
mouth, and John Atkins, of Provincetown, shall be the committee for
the purpose named in the preceding section.

Sect. 3. All provisions of law inconsistent with this act are hereby
repealed.

Sect. 4. This act shall take effect from and after its passage. —

[April 9, 1839.

[1845, 79.]

1840.

An Act to protect the Fishery in Long Pond in Nantucket.
1840, 24. Be it enacted^ etc., as follows: Sect. 1. No person shall
take an}- fish with a seine in Long Pond in Nantucket, under a penalty
not exceeding twenty dollars for. each and ever}' offence, to be recovered
in any court proper to trj' the same, to the use of the person who
shall prosecute therefor.

Sect. 2. This act shall take effect from and after its acceptance
b}' a vote of said town of Nantucket. — [March 7, 1840.

[1841, 76.]

[1817, 151; 1822, 54; 1832, 54.]
An Act to protect the Fisheries in the Towns of Braintree and Weymouth.
1840, 37. Be it enacted, etc., as follows : Sect. 1. No person
shall take any fish with a seine in Monatiquot River iu the towns of
Braintree and Weymouth, above Hingham, and Quincy Bridge, cross-
ing the Fore River in Weymouth, between the first day of February
and the twentieth day of June, annually ; nor shall any person take
any fish in said river, by the use of torches or a light, at any time
between the first da}' of December and the first day of March in any
year, under a penalty not exceeding fifty dollars for each offence, to
be recovered in any court proper to try the same, to the use of the
person who shall prosecute therefor. — [March 18, 1840.

[Sp. Laws, vol. 1, p. 269.]
Ax Act to protect the Fishery in the North lliver in the County of Plymouth.

1840, 45. Be it enacted, etc., as follows: Sect. 1. If any fish
committee chosen by the town of Pembroke, or any person authorized
by said committee, shall find any seine or net cast in Noith River in the

220 - LAWS RELATING TO

county of Plymouth, at any other time than that which is allowed by
an act passed on the twenty-fifth day of Februarys in the year one
thousand eight hundred and fifteen, regulating the fishery in said
river, the}' may seize and take the same away ; and it shall be for-
feited to the use of the town of Pembroke. — [March 18, 1840.

An Act to incorporate the Sanchachantacket Fishing Company in Edgartovvn, in Dukes

County.

1840, 67. Be it enacted^ etc., as follows: SECt. 1. Ichabod
Norton, Constant Norton, Benjamin Kidder, their associates and
successors, are hereby made a corporation, by the name of the San-
chachantacket Fishing Company, in Edgartown in Dukes County ;
and are empowered to alter the present outlet of Sanchachantacket
Pond, so called, for the purpose of flowing the meadows in the winter
season, and for a herring fisherj' therein, and to regulate the satne ;
and for this purpose shall have all the powers and privileges and b.e
subject to all the duties, restrictions and liabilities set forth in the
forty-fourth chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of said corpora-
tion, shall take, catch or haul on shore any herrings in said pond
or in the creeks or outlets which may be made therefrom, he shall
forfeit and pa}-, for the use of said corporation, a sum not exceeding
three dollars, if the quantity so taken be less than one barrel ; but if
the quaniity be more than one barrel the person so offending shall
f« rfeit and pay for each barrel of herring so taken, the sum of five
dollars, to be recovered in an}' court proper to try the same.

Sect. 3. Nothing herein contained shall authorize the said com-
pany to take or use the private property of any person without his
consent ; or deprive any person of the town of Edgartown of any
privilege which he now has of taking any kind of fish, excepting her-
ring, from said outlet or pond.

Sect. 4. All persons who now are or may hereafter be owners of
land adjoining said pond or the creek or outlet to be made therefrom,
may become members of said corporation, subject, however, to pay
their proportional part of the expenses which shall have been
incurred by said corporation before the time of their admission.

Sect. 5. The present owners of lands adjoining the said pond or
the said creek or outlet, shall have each one share only in said fishery,
and no one of them shall, by conveyance or descent of his lands,
create or cause to be created an additional number of shares : pro-
vided, however, that each of the present owners or his successor or
successors, may divide his original share into parts or fractions. —
[March 21, 1840.

INLAND FISHERIES. 221

1841.

[1836, 177.]
An Act concerning the Andrews Fishing Company.
1841,57. Be it enacted^ etc. ^ as follows : Sect. 1. The present owners
of land adjoining the Andrews River and Mill-pond, so called, in the
town of Harwich, shall be each entitled to one share in the Andrews
Fishing Company, in Harwich ; and no one of them shall, b^^ conve}'-
ance or descent of his land, create or cause to be created, an additional
number of shares : 'provided, however, that each of the present owners
or his successor or successors, ma}' divide his original share into parts
or fractions. — [March 6, 1841.

[1831,73; 1837. 18.]
An Act concerning the Skinnaquits Fishing Company.
1841,61. Beit enacted, etc., as follows: Sect. 1. The present owners
of land adjoining the Skinnaquits Pond and Stream or Red River, so
called, in the towns of Harwich and Chatham, shall each be entitled
to one share in the Skinnaquits Fishing Companj^ in Harwich and
Chatham ; and no one of them shall, by conveyance or descent of his
land, create or cause to be created, an additional number of shares :
provided, however, that each of the present owners or his successor or
successors, may divide his original share into parts or fractious. —
[March 6, 1841.

[1840, 24.]
An Act in relation to certain Fislieries in Nantucket.

1841, 76. Be it enacted, etc., as follows: Sect. 1. From and
after the passage of this act, the town of Nantucket,, at an}' meeting
■duly warned and held for that purpose, may make and ordain such
ordinances and regulations for the free access, increase, preservation
and taking of fish in Maddecket Ditch and Harbor, and Long Pond,
situated in said town, and may, for a violation of said ordinances and
regulations, annex such penalties, not exceeding flft}' dollars for one
offence, to be recovered in an action of debt, for the use of said town,
by the treasurer thereof, as the}' may deem for the good of the inhabi-
tants : provided, said ordinances and regulations are not repugnant to
the laws and constitution of this Commonwealth.

Sect. 2. Said town may annually appropriate a sum not exceed-
ing two hundred dollars to carry into effect the provisions of this act.
— [March 13, 1841.

1842.

An Act to protect the Shad Fishery in Monomoy Bay.

1842, 62. Be it enacted, etc., as follows : Sect. 1. No person not
an inhabitant of this state, shall take any shad in Monomoy Bay,

222 LAWS RELATING TO

within a line drawn from Monomo}' Point to Point Gammon, in the
county of Barnstable, for the purpose of carrying them away or oflfer-
ing them away, under a penalty- not exceeding twentj' dollars for each
and every offence anda forfeiture of all fish so taken, to be recovered
by indictment or b}' complaint before any justice of the peace ; one
half of said penalty and forfeiture to enure to the use of the com-
plainant, the other half to the Commonwealth.

Sect. 2. No person, whether an inhabitant of this state or other-
wise, shall throw overboard an^' offal or dressing of shad within the
aforesaid line, or in an}' part of said bay below low-water mark, under
a penalty not exceeding ten dollars for each offence, to be recovered
in any court proper to try the same, to 'the use of the person who
shall prosecute therefor. — [March 3, 1842.

[1855, 88.]

Ax Act to incorporate the Long Pond Fishing Company, in Yarmouth.

1842, 75. Be it enacted, etc., as follows: Sect. 1. Zeno Kelle}^
Howes Berr}', Eliakim Studley, their associates and successors, are
hereby made a corporation by the name of the Long Pond Fishing
Compan}- in Yarmouth, and are empowered to open a brook or outlet
from Long Pond to Swan Pond, so called, and also improve Parker's
River (into which said ponds empty) , to the sea, so far as may be
necessary for the purpose of an alewive fishery, and to regulate the
same ; and for this purpose shall have all the powers and privileges
and be subject to all the duties, restrictions and liabilities contained
in the forty-fourth chapter of the Revised Statutes.

Sect. 2. If any person without permission of the corporatioa
shall take, catch or haul on shore any alewives in said ponds or the
brook or outlet so made, the person so offending shall forfeit and pay
for the use of the corporation, a sum not exceeding two dollars, if the
quantity so taken be less than one barrel ; but if said quantity be
more than one barrel, the person so offending shall forfeit and pay
for each and every barrel of fish so taken, five dollars, to be recovered
in any court proper to try the same.

Sect. 3. If any damage shall be done by said corporation to the
property of any individual, such individual shall be entitled to rea-
sonable damages.

Sect. 4. Any inhabitant of the town of Yarmouth shall be en-
titled to the privilege of becoming a member of said corporation :
provided, application is made therefor within six months from the
passage of this act ; and provided, also, that said applicants pay their
proportion of the expenses which shall have accrued to said corpora-
tion.

Sect. 5. If the said corporation shall neglect to execute and

INLAND FISHERIES. 223

complete the improvements provided for in this act, within three
3'ears from the passage thereof, then the same shall be void and of no
effect. —[March 3, 1842.

[1881, 46.]

An Act to incorporate the Coy's Brook Fishing Company, in Harwich.

1842,82. Be it enacted, etc., as follows: Sect. 1. Seth Paine,
Heman Bassett, William Field, their associates and successors, are
hereb}' made a corporation b}' the name of the Coy's Brook Fishing-
Company, in Harwi(.'h, in the count}' of Barnstable and are hereby
empowered to open said brook, commencing at the point where it
empties into Herring River ; thence up said brook to Co3''s Pond (so
called) ; tbence througli the bridge, swamp and land of Nathan Ellis
and others, to the valley swamp ; thence across the highway to Brier's
Pond ; thence through a swamp to Eldridge's Pond ; thence from said
Eldridge's Pond, to terminate in the Long Pond, — for the purpose
of carrying on the herring fisher}' therein and to regulate the same ;
and for this purpose shall have all the powers and privileges and be
subject to all the duties, restrictions and liabilities set forth in the
thirt3'-eighth and forty-fourth chapters of the Revised Statutes.

Sect. 2. Jf any person, without the permission of said corpora-
tion, shall take, catch or haul on shore an}' herring in said ponds or
brook, he shall forfeit and pay for the use of said corporation, a sum
not exceeding three dollars ; and if the quantit}' be more than one
barrel, the person so oflfending shall forfeit and pa}^ for each barrel of
fish so taken, the sum of five dollars, to be recovered in an}^ court
proper to trj' the same.

Sect. 3. Nothing herein contained shall authorize the said com-
pany to take or use the private propert}^ of an}' person without his
consent.

Sect. 4. All persons who now are or may hereafter be owners of
land adjoining said Coy's Brook or ponds may become members of
said corporation ; subject, however, to pay their proportional part
of the expenses which shall have been incurred by said corporation
before the time of their admission. — [March 3, 1842.

1843.

An Act concerning Alewives in Herring River, in the Town of Barnstable.

1843, 20. Be it enacted, etc., as follows : Sect. 1. The selectmen
of the town of Barnstable, for the time being, or a major part of them,
are hereby empowered, in the month of February, March or April
annually, to prescribe the time, place or places and manner of taking
alewives in Herring River, by the name of Marston's Mills, Herring
River, in the town of Barnstable, such time not to exceed five days

224 LAWS RELATING TO

in a week ; and the}' shall appoint some suitable person or persons to
take the same, and fix the compensation to be paid therefor, if
thought proper bj said selectmen.

Sect. 2. The owners or occupants of dams across said river shall,
annual)}', during such time, not exceeding sixt}' da3's in each year, as
shall be prescribed by the selectmen of said town, or the major part
of them, for the time being, keep constantly open, and maintain
through, over or around their respective dams, a passage sufficient
and proper for the passing of said fish, to the satisfaction of said
selectmen, under a penalt}' not less than -ten nor more than sixt}' dol-
lars for each and every twenty-four hours they shall neglect to open
a passage-way as aforesaid ; and the said selectmen shall, thirty days
at least before the commencement of said period, notify in writing the
owners or occupants of said dams of the time when said passage-ways
shall be opened, and the manner in which they shall be constructed
and regulated : provided, however, that if any owner or occupant shall
at any time be dissatisfied with the determination of said selectmen in
relation to the construction or regulation of such passage-way or pas-
sage-ways, such owner or occupant may, by application in writing to
the selectmen of the town of Sandwich, for the time being, in said
county of Barnstable, who are hereby constituted a committee for
that purpose, cause such passage-way or passage-ways to be fixed,
prescribed and regulated, in writing, by said committee ; and such
passage-way or passage-ways shall thereafter be, by the owners or
occupants of said dam or dams, kept open and regulated in width and
depth, and in all other respects pursuant to said written determina-
tion of said committee, under the same penalty as is herein before
provided ; and the expense of said committee shall be paid by the
owners or occupants of said dam or dams, or by the said town of
Barnstable, as said committee shall adjudge.

Si-:CT. 3. The said selectmen of the town of Barnstable shall have
full power and authority to cause the natural course of the stream
through which said fish pass to be kept open and free of obstructions,
€xcept the dams aforesaid, and to remove all such obstructions except
as aforesaid, and for that purpose, as well as for the other purposes
of this act, shall have authority to go upon the land or meadow of any
person through which said stream runs without being deemed tres-
passers ; and if any person or persons shall molest the said selectmen,
or either of them, in the execution of his or their duties under this act,
or shall obstruct the passage of said fish except as aforesaid, the per
son or persons so offending shall, on conviction thereof before any
justice of the peace in the county of Barnstable, pay a fine for every
such off'ence not exceeding twenty nor less than ten dollars.

Skct. 4. If any person or i)ersons shall take any of the fish afore-

INLAND FISHERIES. 225

said, in said river, or the ponds in which said fish cast their spawn,
at an}' time, or in an\' place or manner otlier than shall be allowed by
said selectmen as aforesaid, each person so offending shall for each
and ever}' such offence, on conviction thereof, pa}' a flue not exceed-
ing twenty dollars nor less than one dollar.

Sect. 5. From and after the passing of this act, the inhabitants
of said town, at their annual February meeting, or any meeting called
for the purpose, shall determine the quantity of said fish that each
family in said town shall receive, and establish the price therefor.

Sect. 6. All persons not otherwise disqualified shall be taken to
be competent and legal witnesses in any prosecution upon this act,
they being inhabitants of said town of Barnstable notwithstanding.

Sect. 7. All the forffitures incurred by virtue of this act shall be
two-thirds to the use of the said town of Barnstable, and ope-third to
the person or persons giving information, to be recovered in an action
of debt, in any court proper to try the same, to be brought by the
treasurer thereof. — [March 20, 1843.

[1851, 116.]

[Sp. Laws, vol. 1, p 422.]
An Act to regulate the Fishery in Taunton Great River.

1843, 73. Be it enacted, etc., as follows: Sect. 1. From and
after the passage of this act,' it shall not be lawful for any person or
persons, except as is hereinafter provided, to catch shad or alewivcs
with seines or nets in Taunton Great River, from the first day of
March to the fifteenth day of June in each year: provided, that it
shall and may be lawful for the inhabitants of the several towns situ-
ated on said river, to catch shad and alewives with twelve seines or
nets only, in the manner following, to wit : the towns of Someiset,
Freetown and Fall River shall each have the right of disposing, at
public auction, for their own benelit, of the privilege of catching shad
and alewives with one seine or net only ; the towns of Berkley, and
Raynham, and Dighton, shall each have the right of disposing, at
public auction, for their own benefit, of the privilege of catching shad
and alewives with two seines or nets only ; and the town of Taunton
shall have the right of disposing, at public auction, for their own
benefit, the privilege of catching shad and alewives with three seines
or nets only, in the river aforesaid ; and the purchaser or purchasers
of the privileges which shall be located in the towns of Raynham and
Taunton, shall not have a right to sweep with a seine or net more
than fifteen rods in length ; and the towns of Berkley and Dighton
shall have the right to sweep with a seine or net, not more than twenty
rods in length, above Rocky Point, and but four days in each week,
beginning at four o'clock on. Monday morning and ending at four

226 LAWS RELATING TO

o'clock on Friday morning ; the purchaser or purchasers of the privi-
lege or privileges, which shall be located in the towns of Berkley- and
Dighton, below Rock}- Point, shall have the right to sweep with a
seine or net thirty-four rods in length and no more, five da^-s in each
week, beginning at four o'clock on Monday morning and ending at
four o'clock on Saturday morning ; and the purchaser or purchasers
of the privilege or privileges, which shall be located in either of the
towns of Somerset, Freetown or Fall River, shall have a right to
sweep with a seine or net forty rods in length and no more, beginning
at four o'clock on Monda}' morning and ending at four o'clock on Fri-
day- morning; and provi< led, also, that each of said towns shall, at a
legal meeting between the first daj' of September and the last day of
December in each 3'ear, dispose and make sale of, at public auction,
for the next 3'ear, and so from 3-ear to 3'ear, their privilege of catching
shad and alewives with seines or nets in the river aforesaid, for the
time aforesaid, to such person or persons as shall offer tlie most f ir
the same, and give sufficient security for the payment of the purchase
moneys at such time and in such manner as the respective towns shall
order.

Sect. 2. The several purchasers of the privileges aforesaid, shoU
select the place where they intend to use their seine or net, for the
purpose of catching shad and alewives and shall file a certificate
thereof with the clerk of the town within which they have determined
to exercise their said privilege as aforesaid, on or before the first da^'
■of March in each j-ear : provided, that the privilege which shall be
purchased of the said town of Somerset, shall be exercised within the
limits of said town, and the person or persons so purchasing and
locating the privileges aforesaid, shall have the right to catch shad
and alewives in the river aft>resaid, for the time aforesaid and no
■other persons.

Sect. 3- No purchasers of a privilege aforesaid, shall make use of
a seine or net for the purpose aforesaid, at any other place on said
river tlian the place so selected and certified as aforesaid, duiing the
time afores:>id, and no seine or net shall be located or swept within
one mile of the dam located near King's Bridge, across Taunton Great
River, in the town of R;iynhara ; and no seine or net shall be located
or swept within one and a half miles of the said dara, in the town of
Taunton, and no seine or net shall be swept more than fort\' rods on
said river, above Rocky Point and not more than forty-five rods in
length below Rocky Point, and no person shall be permitted to set
an}' seine, net, wear or other obstructions in or across said river, for
the purpose of taking shad or alewives or obstructing their passage
along said river, during the time aforesaid.

Sect. 4. If any person or persons shall draw or sweep with any

INLAND FISHERIES. 227

seine or net, on anj' da}' or time other than those before expressed, or
at any other place other than those selected as aforesaid, or shall on
any day, at any place, set any seine or net, wear or other obstruction
in or across said river or an}' part thereof, or any waters connected
with the same, with the intention to catch or destroy any of the fish
called shad or altwives, within the time limited in the first section of
this act, or shall at any time or any place, drive with boat or boats in
said river, or use an}' other implements whatsoever, with intention to
catch or destroy said fish or hinder their passage up said river, or by
any means whatsoever shall impede or hinder the passage of said fish
up said river, or any part thereof, with intention to drive, hinder, dis-
turb or destroy any of the fish called shad or alewives in the waters
of said river, or shall whip with poles or any other instrument in the
waters of said river, or throw into said river loam or any other thing
whatsoever, with the intention to hinder the passage of said fish up
said river, he and each and every individual who shall violate this act,
or any part thereof, shall each and every one forfeit and pay a sum
not less than five dollars nor more than twenty dollars for each and
every such off'ence, to be recovered by action of debt, in any court
proper to try the same, for the use and benefit of him who shall pros-
ecute or sue for the same, or shall be imprisoned in the county jail, or
in the house of correction, for a term of time not exceeding sixty
days.

Sect. 5. If any person or persons be found fishing with any seine
or net, or with other machine or instrument or instruments, which
shall be used by any person or persons in taking or carrying away
any of the fish called shad or alewives, contrary to the true intent and
meaning of this act, it shall be lawful for any fish-warden or inspector
chosen by virtue of this act or the law regulating the fishery in the
town of Middleborough, to seize or take such seine or net or fish or
implements as before mentioned, and convert and retain the same to
their own benefit and use, without any process of law whatever, and
if prosecuted therefor, to give this act as evidence of his authority for
so doing.

Sect. 6. The several towns shall, at their annual meeting in the
months of March or April, choose by ballot, three or more persons,
being freeholders in said town, as fish-wardens, whose duty it shall
be, jointly and severally, to see that this act is enforced and prosecute
for all breaches thereof, and each fish-warden shall be chosen to the
faiihful discharge of his duty, and cause a record to be made of his
oath in the town where said fish-warden is chosen, within ten days
after his election ; and said fish-warden and inspectors, when sworn,
are authorized to measure seines and nets and to pursue and execute
the duties of their office in any place where fish may be taken within

228 LAWS RELATING TO

the towns aforesaid, and to enter any building where they sui)pose
this act or any parts of it are violated ; and if an}' person, chosen a
fish-warden or inspector as aforesaid, shall refuse or neglect to be
sworn as aforesaid, for the space of five days after he shall be dul}'
notified of his election as aforesaid, he shall forfeit and pay a tine of
ten dollars to the use of said town, to be recovered by action of debt
by the treasurer thereof, and such town shall proceed to a new choice
and so on, as often as circumstances shall require ; and if any of the
towns aforesaid shall neglect to choose fish-wardens as aforesaid, or
to make sale of their privileges aforesaid, within the time limited
therefor, according to the meaning of this act, such town shall forfeit
and pny a fine of one hundred dollars for the use of him or them who
shall prosecute therefor.

Sect. 7. The laws heretofore made for the regulation of the fish-
ery and the passage-way for fish in Taunton Great River, except so
far as respects the town of Middleborough, be and the same are here-
by repealed : provided, Jioicever, that any prosecutions which have
])een or may be commenced, for the recover}' of any forfeitures recov-
ered by virtue of the laws hereby repealed, may be prosecuted to final
judgment and execution in the same manner as if this act had not
been passed: and provided, also, that all contracts made prior to the
passing of this act, by any of the towns aforesaid, by virtue and in
pursuance of the laws hereby repealed, shall be valid to all intents
and purposes, this act to the contrary notwithstanding. — [March 24,
1843.

1844.

An Act further to regulate the Fisheries in the Little River.

1844, 59. Be it enacted, etc., as follows : Sect. 1. The inhabi-
tants of the towns of West Cambridge and Somerville in the county
of Middlesex, who now have by law the right to take fish in that part
of Little River, so called, which lies north of Alewive Bridge and the
Winter Hill road in said towns, shall hereafter have the right to take
fish three or four daj's successively in five of the daj's on which they
have by law heretofore had such right, computing from the first day
of March in each year, and on no other da}'.

Sect. 2. P^very person offending against this act shall forfeit and
pay to any person who shall sue for the same, a sum not exceeding
twenty dollars for each oflTence.

Sect. 3. This act shall take eflfect from its passage. — [March G,
1844.

[1846,149.]

INLAND FISHERIES. 229

[Sp. Laws, vol. 1, p. 422.]
An Act in addition to an Act to regulate the Fishery in Taunton Great River.

1844, 62. Be it enacted, etc., as follows: The purchaser or pur-
chasers of the fishing privileges sold b}' the town of Somerset and
located within said town, may improve the same at all timos from
sunrise on Monday morning to sunset on Saturday evening ; and
Broad Cove in Somerset shall be exempted from the operation of the
law regulating the fisher}^ on Taunton Great River, anything in the
act entitled "An Act to regulate the fishery in Taunton Great River,"
passed March twenty-fourth, in the year eighteen hundred and forty-
three, to the contrary notwithstanding. — [March 6, 1844.

[Sp. Laws, vol. 3, p. 378; 1837, 184.]
An Act to regulate the Fishery in Palmer's River.

1844, 63. Be it enacted, etc., as follows: Sect. 1. From and
after passing this act, no person or persons, except as is hereafter
provided, shall take shad or alewives with seines or in nets, in Palm-
er's River in the town of Rehoboth in the county of Bristol, from the
first day of April to the fifteenth day of June in each year : provided,
that the inhabitants of Rehoboth may, at a legal meeting held for that
purpose, dispose of the privilege, at public auction, of taking shad
and alewives, with scoop-nets only, in said river, for the time afore-
said, to such person or persons as ma}' offer the highest price for the
same and shall give sufficient security of the pa3niient of the purchase
money, at such time and in such manner as the town shall order.

Sect. 2. The said town may sell said privilege in sections, as the
town may determine ; and the purchaser or purchasers of any privi-
lege or privileges of taking shad or alewives aforesaid, or those em-
ployed by him or them, may take an}' of the said fish in said river
with scoop-nets, three nights, in the night-time only, in each week,
beginning on Monda}' at sunset and ending at sunrise on Thursday,
and may take said fish in any part of the river aforesaid, between
Swanzoy line and the Orleans Dam on said river in said Rehoboth ;
and no person shall be allowed to skim or drive the fish in said river,
nor shall any shad or alewives be taken after the fifteenth day of June
in each year.

Sect. 3. The wears in said river shall be located as follows : the
first on the river below the end of a fence running from the highway
between the land of William K. Bullock, John Davis, 3d, and Ariel
Horton (fishing to commence by the land of Joshua Miller) ; second,
by the land of Borden Munroe ; third, by the land of Joseph "Watson ;
fourth, by the land of Dr. Samuel Bullock ; fifth, by the land of
Lovell Bullock ; sixth, by the land of widow Betsey Pierce ; seventh,
by the land of Lewis Pierce ; eighth, b}' the land of John M. Davis ;

230 LAWS RELATING TO

ninth, b}' the land of John Thurber ; tenth, by the land of John
Watson ; eleventh, by the land of Dexter Barney ; the wears to be
situated on either side of the rivers, as the purchaser may determine,
the distance between each wear to be not less than twent}^ rods.

Sect, 4. The town of Rehoboth, at their annual meeting in March
or April, ma}' choose one or more suitable persons to serve as fish-
wardens, who, when sworn, shall see this act enforced, and may
prosecute for all violations thereof.

Sect. 5. If any person shall fish with seine or net in any time,
place or manner other than as before mentioned, or shall set any net
or seine, weir or any other obstruction in said river, or in any part
thereof, with the intent to take or destroy an}' shad or alewives, he
shall forfeit and pay twenty dollars for each offence, to be recovered
to the use of the county in which the offence was committed, or by
action of debt, one half to the person prosecuting for the same, and
the other half for the use of the town in which the offence shall be
committed.

Sect. 6. All laws heretofore relating to fishing in Palmer's River
in the town of Rehoboth, are hereby repealed.

Sect. 7. This act shall take effect from and after its passage. —

[March 7, 1844.

[1852, 92 ]

[Sp. Laws, vol. 1, p. 353 ; 1838, 19 ]

An Act in addition to an Act for the preservation of the Fish called Alewives in Aga-
wam and Half-way Pond Rivers in the County of Plymouth.

1844,65. Be it enacted, efc, as foUotvs: Sect. 1. The town of
Plymouth may choose their fish-committee at their annual town meet-
ing in March or April, in each year, which committee, when so elected,
shall have all the powers and duties which they would have had if
elected in November, anything in the act to which this is in addition
to the contrary notwithstanding.

Sect. 2. This act shall take effect from and after its passage. —

[March 7, 1844.

[1853, 377.]

[Sp. Laws, vol. l,p. 166.]

Ax Act in addition to an Act to regulate the Ale wive Fishery in the River and Stream

in the Town of Harwich.

1844, 67. Be it enacted, etc., as follows: vSect. 1. The time
during which the sluice is required, in the second section of the act of
July fourth, in the year seventeen hundred and eighty-seven, to which
this is in addition, to be kept open in the dams across Herring River
in the town of Harwich, is hereby extended from the twenty-fifth day
of April to the twentieth day of June, in each year, and the penalties

INLAND FISHERIES. 231

for obstructing said sluice-ways, provided in said act, shall apply to
all the time so extended.

Sect. 2. The provisions of this act shall take effect from and after
its passage. — [March 7, 1844.

[1855, 301.]

1845.

[1825, 78; 1829, 40; 1839, 134.]
An Act relating to the Fishery in the Ipswich River.

1845, 79. Be it enacted, etc., as follows : Sect. 1. The owners
or occupants of the dam at the Ipswich Manufacturing Compan^-'s
mill in Ipswich, their successors and assiu;ns, shall within six months
of the passage of this act, construct, in the manner prescribed b^^ the
committee hereinafter named, a good and sufficient passage-way for
the fish to pass over said dam up Ipswich River ; and the said owners
shall keep said passage-way or cause the same to be kept open and
in good repair from the tenth day of April to the first day of June,
annually, under a penalty not exceeding twenty dollars for each and
every day they shall neglect so to do, to be recovered in any court of
competent jurisdiction, to the use of the town which shall sue therefor.

Sect. 2. Solomon Davis, of Truro, Oliver Ames, of Easton, John
Dunlap, of Provincetown, James Long, of Harwich, Josiah O. Law-
rence, of Cohasset, Caleb Lombard, of WellfJeet, and Richard
Stevens, of Truro, are hereby appointed a committee for the purpose
named in the preceding section.

Sect. 3. All provisions of law inconsistent with this act are
hereby repealed. — [February 26, 1845.

[1845, 91 ; 1855, 171.]

Ax Act relating to the Fish-way at Manning's Dam across Ipswich River.

1845, 91. Be it enacted, e^.•., as folloivs : Sect. 1. The owner
or occupants of the dam erected b}- Thomas Manning across Ipswich
River, his assigns or successors, may construct, in the manner pre-
scribed by the committee hereinafter named, a go(jd and sufficient
passage-way for the fish to pass over said dam up Ipswich River ; and
the said owner or owners shall keep sai<i passage-wa}' or cause the
same to be kept open and in good repair from the tenth day of April
to the first da}' of June, annually, under a penalt}- not exceeding
twenty dollars for each and every day they shall neglect so to do, to
be recovered in any court of competent jurisdiclion, to the use of the
town who shall sue therefor.

Sect. 2. Solomon Davis, of Truro ; Oliver Ames, of Easton ;
John Dunlap, of Provincetown ; James Long, of Harwich ; Josiah O.
Lawrence, of Cohasset ; Caleb Lombard, of Wellfleet, and Richard

232 LAWS RELATING TO

Stevens, of Truro, are hereby appointed a committee for the purpose
named in the preceding section.

Sect. 3. Whenever a fish-waj' shall be constructed at said Man-
ning's Dam, as ordered by the above committee, all former laws
relating to fish-ways at said dam shall be repealed. — [Februar}- 28,
1845.

An Act to incorporate the White Pond Fisbing Company.

1845, 130. Be it enacted^ etc., as folio ivs : Sect. 1. Henry Kel-
ley, John Robbins, Job Chase, their associates and successors, are
hereby made a cor{)oration by the name of the AVhite Pond Fishing
Compan}', in Harwich, for the purpose of making improvements for
the preservation and taking of fish called alewives, in a brook
between Herring River, and a pond known as the White Pond, in
said Harwich, and fur that purpose shall have all the powers and
privileges and be subject to all the duties, restrictions and liabilities
set forth in the forty-fourth chapter of the Revised Statutes.

Sect. 2. If an}' person without the permission of said corporation,
shall take, catch or haul on shore any of said fish in the brook or the
pond from which said brook issues, he shall forfeit and pa}' a fine not
exceeding five dollars for each offence, if the quantity so taken be les?
than one barrel ; but if the quanlit}' be more than one barrel, such
person so off'ending shall forfeit and pay for each barrel of fish so
taken, five dollars for the use of said corporation, to be recovered in
any court proper to try the same.

Sect. 3. If an}- damage shall be done by said corporation to the
propert}' of any individual not a member of the corporation, such
individual shall be entitled to reasonable damage therefor.

Sect. 4. All persons who now are or shall hereafter be owners of
land adjoining said brook or pond, may become members of said cor-
poration, subject, however, to pay their proportional part of the ex-
pense which shall have been incurred by said corporation, before the
time of their admission.

Sect. 5. This act shall take effect from and after its passage. —
[March 15, 1845.

[Sp. Laws, vol. 1, pp. 238, 512; 1844, 59.]
An Act relating to the Fishery in Little River.

1845, 149. Be it enacted, etc., as follows: Sect. 1. The fifth
section of the act passed on the fourteenth da}' of February, in the
year one thousand eight hundred and twent}"-one, is hereby re-
pealed.

Sect. 2. All persons now having a right of fishing with seines in
that part of Little River which lies within seventeen rods from its

INLAND FISHERIES. 233

juncture with INhstic River, in the countj' of Middlesex, may take fish
in the manner jMOvided M' law, on two Mondays successively in three
of the Mondays between the first daj- of March and the last day of
June in each year, except on the first and second Mondays of the
time, during which persons living in West Cambridge and Somerville
and having a right to fish in that part of Little River south of Alewivc
Bridge and the Winter Hill road, ma}' exercise that right, and on no
other days.

Sf.ct. 3. Ever}' person oflTending against this act shall forfeit and
pay, to any person who shall sue for the same, a sum not exceeding
twenty dollars.

Sect. 4. This act shall take effect from and after its passage. —
[March 18, 1845.

An Act to incorporate the Herring River Company.

1815, 161. Be it enacted, etc., foUotos: Sect. 1. Anthony Kel-
ley, Job Chase and Richard Baker, Jr., their associates and succes-
sors, are hereby- made a corporation by the name of the " Herring
River Company," for the purpose of deepening and protecting the
mouth and channel of Herring River, so called, in the town of Har-
wich and County of Barnstable, with all the powers and privileges and
subject to all the duties, restrictions and liabilities set forth in the
forty-fourth chapter of the Revised Statutes.

Sect. 2. Said eompan3\ for the purposes aforesaid are hereby
authorized to make excavations, embankments and fences, and to drive
piles along the banks bf said river and into the sea, in such direction
and to such extent as they shall deem expedient : provided, that in
no case shall the legal rights of any persons or corporations whatever
be affected bv this act.

Sect. 3. Any person who shall wilfully and maliciously injure or
destroy any embankments, fences, piles or other works erected by
said company in accordance with the provisions of this act, shall bo
liable to a penalty of fifty dollars for each offence, to the use of the
Commonwealth, to be recovered by indictment therefor.

Sect. 4. This act shall take effect from and after its passage. —
[March 20, 1845.

1846.

[Sp. Laws, vol. 2, p. 43t.]
An Act to authorize the Town of Weymouth to transfer a Kight of Fishing.
1846, 92. Be it enacted, etc., as follows: Sect. 1. From and
after the time of this act going into effect, the Weymouth Iron Com-
pany shall have and enjoy all the rights and privileges in respect to
the taking of alewives within the limits of the town of Weymouth,

234 LAWS RELATING TO

now belonging lo said town ; and any committee, and any member or
members of said committee, that shall be appointed from time to time
by said company, or by the directors thereof, to regulate, superintend,
or have charge of, or the care and management of the taking and dis-
posing of said fish, shall dispose of the same for the benefit of said
compan}', and account with the said company for the proceeds thereof;
and such committee, or either of them, shall have power and authority
to remove from or out of Back River, in said town, and the brooks
and streams leading to Great Pond and Whitman's Pond, in said
town, an3- obstructions that may be made to the free passage of said
fish into said ponds or repassing from them into the sea ; and said
committee going, or either of them, into the land of any person or per-
sons for this purpose, shall not be deemed or held as a trespass ; and
the said committee, or a major part of them (if more than one) shall
determine the particular place or places whei-e the said fish shall be
taken, and give public notice thereof by posting up one or more
notifications in some conspicuous place or places in said town, on
or before the first day of Ma}' annually.

Sect. 2. No person shall catch or take any of said fish in any of
the rivers, brooks or streams, canals or water channels leading to or
from the said ponds, without the direction or leave of said committee,
or a major part of them ; and whosoever shall take, catch or haul on
shore any of said fish with a seine, scoop-net or drag-net, in either of
the ponds aforementioned, or in We3mouth Back River, or in the
river, brooks, streams, canals or channels through which the said fish
pass into said ponds, or shall, with an}' S( ine, scoop-net or drag-net,
or in any other way obstruct the passage of said fish to or from said
ponds, or either of them, or shall obstruct said committee, or either
of them, in the execution of their duty, shall for each such offence for-
feit and pay not exceeding thirteen dollars nor less than ten dollars ;
and in case the offence be committed in the night a sum not exceeding
thirty dollars nor less than twenty dollars, to be prosecuted or sued
for, and recovei-ed, in any court proper to try the same, in an acti' n
on the case, or other proper form of action, in the name of said Wey-
mouth Iron Company, or the name or names of such committee, for
the benefit of said company, saving when any person shall give in-
formation of any breach of this act, he shall, upon conviction of the
offender, be entitled to one-third part of the forfeiture recovered ; and
no person shall be considered as disqualified from being a witness on
any trial that may be had pursuant to this act, on account of his
being an inhabitant of said town, or of his being a member of said
committee.

Sect. 3. Each householder in said town of Weymouth shall, on his
making seasonable application for that purpose to said committee, or

INLAND FISHERIES. 235

any member thereof, or to the person emplo3'ed In' said committee to
superintend, regulate and manage the taking of said fish at tlie place,
or an}' of the places for taking the same, hare the right to purchase
four liundred fresh alewives for his own consumption, of those which
shall be taken each year under authority of said committee, at the
price of twenty-five cents per hundred, before said alewives shall be
cured or otherwise disposed of: provided, the person so applying shall
be ready seasonably to pa}' for and remove such quantity, and in case
an}' such inhabitants so applying, and being so ready to pay for and
remove said quantity of fresh fish, shall not be supplied therewith, as
far as the quantity taken under authority of said committee shall
suffice for the purpose, said company shall forfeit to hira the sum of
five dollars, to be sued for and recovered by him in his own name, in
an action of debt or on the case, or other proper action of proceeding
against said corporation or against said committee, or any member
thereof, in any court proper to try the same.

Sfxt. 4. The agreement heretofore entered into between the pro-
prietors of the falls and water privileges on Alewive River, otherwise
called Back River, and the town of Weymouth, as recited in the pre-
amble of the special act of 1825, chapter forty-eight, entitled " An
Act in addition to an act for the regulating and disposing of the fish
called alewives within the limits of the town of Weymouth, and for
the more effectually securing to said town the advantages thereof,"
shall still be and remain in force, as also said additional act, the fore-
going provisions of this act notwithstanding, excepting that in respect
to the provisions of said additional act, the said Weymouth Iron Com-
pany shall be substituted in the place of the town of Weymouth, as a
party to the terms of said agreement and the provisions of said addi-
tional act ; and any committee appointed by said company, from time
to time, in pursuance of the provisions of the first section of this act,
shall be substituted in the place of, and have the rights, powers and
duties of, and be subject to the provisions of said additional act, re-
lating to the fish-committee of said town.

Sect. 5. The purchase money for said privilege, paid to said town
of Weymouth in pursuance of this act, shall be kept as a fund, to be
managed and invested by the treasurer of said town of Weymouth, or
by any person or committee appointed or authorized by said town for
the purpose ; and the same shall be loaned only on security of real
estate, except to said town ; and the annual interest and income of
said fund shall be annually expended for the support of schools in
said town, to be divided in the same manner as other moneys raised
for the support of schools.

Sect. 6. This act shall go into effect, on said town of Weymouth
causing to be conveyed to said company the fish house for said fishery,

236 LAWS EELATING TO

and the land under the same, and adjoining thereto, belonging to said
town, and the said company paying to the selectmen of said town,
or either of them, a sum of money, the annual interest of which, at six
per cent, per annum, is or shall be a«isented and agreed to by said
selectmen as sufficient to yield an annual interest equal to the net an-
nual income of said fishery for the last thirty years. — [March 11, 184(5.

[Sp. Laws, vol. 1, p. 272 ; vol. 3, p. 43.]
An Act to repeal the Laws regulating the Fishery in Merrimack River.

1846, 192. Be it enacted, etc., as follows : Sect. 1. From and
after the passing of this act, the several laws regulating the fisheries
in Merrimack River, are hereb}' repealed, except so much of said laws
as relate to any sluice or passage-way, dams or other obstruction to
the free passage of fish up and down said river, and said ai)peal shall
in no wise affect any legal rights that may have accrued under said
laws. — [April 7, 1846.

1847.

[1824,94; 1829,84.]

An Act to regulate the Herring or Alewive Fishery in Chappaquonset Pond and Creek

in the Town of Tisbury.

1847, 40. Be it enacted, etc., as follows: Sect. 1. The inhabi-
tants of Tisbury in the county of Dukes Count}', at their annual
meeting in the month of March or April, shall choose one or more
discreet persons as a fish-committee, who shall be sworn to the faith-
ful performance of their duty, and whose duty it shall be to regulate
the herring or alewive fishery in Chappaquonset Pond and Creek in^
said town ; to prescribe the time, manner, place or places where said
fish ma}- be taken by the inhabitants of said town ; also to remove any
obstruction that may be in said creek, and to keep the stream open
for the passage of said fish from the Vinej-ard Sound or Sea, into
Chappaquonset Pond, so that the inhabitants of said town may enjoy
a free fishery.

Sect. 2. The fish committee for the time being, shall post up, at
three or more public places in said town, on or before the tenth day
of March in each year, the regulations established b}' said committee
respecting the fishery in Chappaquonset Pond and Creek.

Sect. 3. Any person who shall oppose or obstruct said committee
in the perf >rmance of their duty, or shall obstruct said fish in their
passage, or take or destroy any of said fish at any time or place,
except at such time or place as said committee shall direct, on con-
viction before any justice of the peace in the county of Dukes County
not an inhabitant of the town of Tisbury, shall forfeit and pay a fine
for each oflTence, not exceeding twenty dollars, one half to the use of

1

INLAND FISHERIES. 237

the town, the other half to the person or persons giving the informa-
tion.

Sect. 4. All persons not otherwise disqualified shall be taken to
be competent and legal witnesses in an}' prosecution upon this act,
the}' being inhabitants of the town of Tisbury notwithstanding.

Sect. o. The selectmen of the town of Tisburj' are hereby em-
powered to direct the fish-committee to take and sell such i)art of the
fish taken in said creek as shall be sufficient to pay all expenses that
have accrued or ma}' accrue in securing and preserving said fishery :
provided, that the quantity or number so required shall not exceed
one-sixth part of all the fish taken by the inhabitants of said town, in
an}' one year, at said fishery.

Sect. 6. If any damage is sustained by the owners of the land on
which said fish are taken by the inhabitants of the town of Tisbury,
the selectmen of said town shall pay a reasonable compensation there-
for, when demanded. And in case of a refusal by the selectmen to
pay a reasonable compensation the same may be recovered by an
action on the case against the said town of Tisbury.

Sect. 7. No person shall take any herring or alewives from the
Vineyard Sound or Sea within one mile of said Chappaquonset Creek,
or make any new outlets from Chappaquonset Pond, except it shall be
done by a vote of the inhabitants of the town of Tisbury, at a ligal
meeting warned and held for that purpose.

Sect. 8. Nothing in this act shall be so construed as to prevent
the owners of marsh or meadows from flowing or drainino- their
meadows through Chappaquonset Creek, whenever it can be done with-
out obstructing the passage of the herrings or alewives to or from
Chappaquonset Pond. And nothing in this act contained shall atfect
any suit now pending, or the legal rights of any person. — [March 4,
1847.

[Sp. Laws, vol. 2, p. 222.]
An Act to regulate the Herring Fishery in the Town of Falmouth.
1847,94. Be it enacted, etc., as follows: Sect. 1. The inhabi-
tants of the town of Falmouth in the county of Barnstable, may, at
any legal meeting called for that purpose, prescribe the times, manner
and places for taking alewives or herrings in Dexter's River, and other
waters connecting Coonamisset Pond with the Vineyard Sound or Sea,
and also in the other rivers, streams and ponds which have heretofore
been used by the inhabitants of said town as herring fisheries ; and
they may also at said meeting adopt such further rules and regulations
as may by them be deemed expedient for the preservation of said fish-
ery ; and they may dispose of the privilege of taking said fish in an}'
way or manner they may think proper ; and they shall choose by

238 LAWS EELATING TO

ballot a committee, consisting of three discreet persons, who shall
cause the regulations adopted by said town to be carried into effect,
and who shall be sworn to the faithful performance of their dut}'.

Sect. 2. The selectmen for the time being shall post up the regu-
lations so established, in three ur more pulilic places in said town, iii
each and every year, within one week after their passage.

Sect. 3. If any person shall take any of said fish in an}' of the
waters aforesaid, at an}- time or in any manner other than shall be
allowed bj' said town, he shall, for each offence, on conviction thereof,
pay a fine not exceeding five dollars; and if any person shall, in
either of the months of March, April, May or June, without permis-
sion of the town or fish-committee, set or shoot a seine in the Vine-
yard Sound, within forty rods of the mouth of said rivers or streams,
for the purpose of taking said fish, he shall, for each offence, on con-
viction thereof, pay a fine not exceeding twenty dollars ; the fines and
forfeitures to be recovered in an}" court proper to trj- the same, one
half to the use of the town, and the other half to him who shall pros-
ecute therefor; and in all such prosecutions any inhabitant of said
town not otherwise disqualified shall be a competent witness : provi-
ded^ that this act shall in no wise be so construed as to affect the
legal rights of any corporation or persons whatever.

Sect. 4. The acts passed on the second da}- of March in the year
one thousand seven hundred and ninety-eight, and on the first day of
March in the year one thousand seven hundred and ninety-nine, to
prevent the destruction and to regulate the catching of alewives in
the rivers and streams of the town of Falmouth in the county of
Barnstable, are hereby repealed.

Sect. 5. This act shall take effect from and after its passage. —

[March 17, 1847.

[1855, 279.]

1848,

[1819, 98.]

An Act to repeal "An Act to prevent the Destruction of Fish in the several Ponds in

the Town of Haverhill."

1848, 12. Be it enacted^ etc., as follows: Sect. 1. An act en-
titled " An Act to prevent the destruction of fish in the several ponds
in the town of Haverhill," passed on the seventh day of February, in
the year one thousand eight hundred and twenty, is hereby repealed :
provided, that nothing in this act shall be so construed as to release
or absolve any person or persons from any liability incurred under or
by any provision of the act hereby repealed.

Sect. 2. This act shall not have the effect to revive any statute
law relating to the subject of the act hereby repealed, and which may
have been in force prior to the passage of the said repealed act.

INLAND FISHERIES. 239

Sect. 3. This act shall take effect from and after its passage. —
[February U, 1848.

[1839, 83.]

An Act in addition to an Act to incorporate tlie Trap's Creek Fishing Company, in

Edgartown.

1848, 47. Be it enacted, etc., as follotvs : Sect. 1. The present
owners of lands adjoining the said Trap's Pond or Creek, shall have
each one share onl}' in said fisher}', and no one of them shall, by con-
veyance of descent of his lands, create or cause to be created, an
additional number of shares : proviihd, Jiowever, that each of the
present owners and his successor, may divide his original share into
parts or fractions.

Sect. 2. This act shall take effect from and after its passage. —
[March 18, 1848.

[1855,299.]

[Sp Laws, vol. 1, p. 269; 1814, 128.]
An Act relating to the Alewive Fishery in North River.

1848, 116. Be it enacttd, etc., as follows: Sect. 1. So much of
the act passed February twenty -fifih, in the year one thousand eight
hundred and fifteen, as prescribes the length of seines to be used in
the North River in the taking of alewives, be and the same is hereby
repealed : provided, however, that the legal rights of any person and
corporations, who may have commenced suits under the provisions of
the law hereb}- repealed, shall remain the same as before the passage
of this act.

Sect. 2. This act shall take effect from and after its passage. —
[Ainil 18, 1848.

[1852, 66 ; 1853, 350 ; 1856, 83 ; 1872, 229 ; 1875, Res. 36 ; 1876, 103.]

An Act to incorporate the Pocha Pond Meadow and Fishing Conipanj'.
1848, 185. Be it enac'ed, etc., as follows: Sect. 1. John Vinson,
J. T. E. Gage, William W. Huxford, their associates and successors,
are hereby made a corporation by the name of the Pocha Pond Mendow
• and Fishing Company, in Edgartown, in Dukes Count}-, and are em-
powered to close the outlet of said pond b}- building a causeway from
the twenty-acre lot, so called, to Cape Poge Beach in said Edgar-
town : provided, that said causewn}- shall be built of suitable width
and kept in such repair that loaded carriages ma}' pa?s and repass in
safety over the same, and shall at all times be free for the {)ublic to
travel over ; and to make a new outlet or creek from Pocha Pond into
the harbor of Edgartown, through lands of said proprietors, at a con-
venient place, for the purpose of draining the meadows and for regu-
lating the herring fishery thereby created : provided, that suitable
bridges shall be built over said creek or outlet, where carriages

240 LAWS RELATING TO

usually pass ; and for these purposes, shall have all thci powers and
privileges and be subject to all the duties, restrictions and liabilities,
set forth in the fort3--fonrth chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of the corporation,
shall take, catch or haul on shore any herring in said pond or creek,
or outlet which may be made tlierefrom, he shall forfeit and pay for
the use of said corporation a sum not excetding three dollars, if the
quantity so taken be less than one barrel ; but if the quantity be
more than one barrel, the person so offending shall forfeit and i^a^'
for each barrel of herring so taken, the sum of five dollars, to be
recovered in anj- court proper to try the same.

Sect, 3. Nothing herein contained shall deprive any inhabitant of
the town of Edgartown of the privilege of taking any fish other than
herring from said creek, pond or outlet.

Sect. 4. If any person, not a proprietor of this corporation, shall
receive damage b}' the flowing of his meadows or in closing the
present outlet, the county commissioners of Dukes Count}-, after a
hearing of all parties interested, shall estimate the amount of damages
which such person may have sustained by said corpoiation, which
damages, if any, said corporation shall pa}' ; and either party, if dis-
satisfied with any estimate made by said commissioners, may apply
for a jury to assess the damages, either at the same meeting at which
such estimate shall be completed and returned or at the next regular
meeting of said county commissioners ; and the like proceedings shall
be had thereon as are provided for the recovery of damages for laying
out highways.

Sect. 5. All persons who now are owners of land adjoining said
pond or creek, or outlet to be made therefrom, may become members
of said corporation at any time previous to the commencing by said
corporation, to close said outlet.

Sect. 6. The present owners of land adjoining said pond or creek
or outlet, shall have each one share only in said fishery ; and no one
of them shall, by conveyance or descent of his lands, create or cause
to be created, an additional number of shares: provided, hoivtver,
that each of the present owners or his successor or successors, may
divide his original share into parts or fractions. — [April 25, 1848.

[1851, 126; 1856,4.5.]

[1823, 97.]
Ax Act concerning the Alewive Fishery in Saugus River.

1848, 187. Be it enacted, etc., as fulloivs : Sect. 1. The towns
of Lynn, Saugus and South Reading may, together or separately,
enforce the laws which regulate the alewive fishery in the Saugus
River and its tributary streams, in their several towns.

INLAND FISHERIES. 241

Sect. 2. All acts inconsistent with the provisions of this act are

hereby repealed. — [April 25, 1848.

[1852, 48.]

1849.

Ax Act to protect the Trout Fishery in Marshpee River.

1849,36. Be it enacted, etc., as folio ics : Sect. 1. No person
shall take any trout in Marshpee River, in the district of Marshpee,
in the county of Barnstable, from the fifteenth da}' of September in
each 3'ear to the first day of April in the j'ear next ensuing.

Sect. 2. No person except the proprietors of said district shall
take any trout in said river, at any time, without a written permit
from the treasurer of Marshpee, wliich shall specif}' the time wlien
and the places where the person holding the same is allowed to take
fish ; and no person shall at an}' time use any other means of taking
trout in said river than by angling with hooks and lines.

Sect. 3. The said district may, by vote in legal meeting, make
any regulations or by-laws respecting said fishery which may not be
repugnant to the provisions of this act ; and the income from said
fishery shall inure wholly to said district.

Sect. 4. Any person offending against the provisions of this act,
or any regulations or by-laws passed by authority of the third section
of this act, shall forfeit and pay a fine of five dollars for each and
ever}' offence, to be recovered by prosecution, before any justice of
the peace in the county of Barnstable, to the benefit of said district ;
and the proprietors of said district shall be competent witnesses on
the trial of any such process.

Sect. 5. Any person who shall have in his possession any trout
taken from said river contrary to the provisions of this act, knowing
the same to have been so taken, shall forfeit the sum of fifty cents for
every trout so found in his possession.

Sect. 6. If any minor shall offend against the provisions of this
act, the parent, master or guardian of such minor shall be liable, and
may be prosecuted accordingly therefor.

Sect. 7. All prosecutions under this act shall be commenced within
sixty days from the time when the ofll'ence is committed.

Sect. 8. This act shall take effect from and after its passage. —
[March 16, 1849.

[1853, 186; 1859, 105; 1860, 46.]

[1814, 134; 1815,83]

Ax Act to authorize the Towns of Dennis and Yarmouth to regulate the Fisheries in

Bass River.

1849, 37. Be it enacted, etc., as follows: .Sect. 1. The towns
of Dennis and Yarmouth, in the county of Barnstable, are hereby

242 LAWS RELATING TO

authorized and empowered, at any legal meeting of the inhabitants of
said towns, to choose three persons in each town for a fish-committee,
who shall be inhabitants of the towns for which they are chosen, and
who shall be sworn to the faithful performance of their duty. The
said committees shall meet together annually, on or before the twen-
tieth day of April, at such time and place as a majority of them may
appoint; and when so united, shall be considered a joint committee
for enforcing the provisions of this act. The major part of this joint
committee present at such meeting, or at any subsequent meeting
before the twentieth day of April in each year, are hereby authorized
and empowered to order the time, place and manner in which it may
be lawful to take any of tlie fish called herrings or ale wives and perch
in Bass River, or the ponds and streams connected therewith, and
may prescribe the length of the seines, nets or other instruments
■which may be used for taking such fish, together with the length of
the lines attached thereunto ; and may appoint and grant permits to
suitable persons, being inhabitants of one of said towns, to catch any
of the said fish in the said river, or in the ponds and streams connected
therewith, and fix the compensation to be paid to the said towns for
such permits ; and shall determine the quantity of said fish which each
family in said towns shall receive from such catchers, and establish
the price therefor ; and when directed by a vote of both the said towns,
may sell at auction or otherwise the exclusive right of fishing in said
river and its waters to one or more persons for a term of time not
longer than one fishing season, at one sale, upon such terms and con-
ditions as the said towns or said joint committee may direct.

Sect. 2. If either of the said towns of Dennis or Yarmouth shall
have chosen its fish-committee according to the provisions of this act,
and the other town shall neglect or refuse so to do, then the com-
mittee which is lawfully chosen shall have all the power and authority
which is intended by this act to be conferred on the said joint com-
mittee.

Sect. 3. The said committee or a majority of them, are hereby
fully authorized and empowered to cause the natural streams through
which the said fish pass to be kept open and without obstruction ; to
remove such obstructions as may be found therein, and to make the
said passage-ways wider and deeper if they shall judge necessary ;
and the said committee, or either of them, by paying a reasonable
consideration therefor, if demanded, shall have authority for these
purposes to go on the land or meadows of any person through which
the said streams run, without being considered as trespassers ; and any
person or persons who shall molest, or in any way hinder the said
committee, or either of them, in the execution of the duties of their
oflSce, or shall obstruct any passage-way in the said Bass River, or in

INLAND FISHERIES. 243

the ponds or streams connected therewith, otherwise than maj* be
allowed by the said committee, shall forfeit and pay a fine not exceed-
ing twenty dollars for ever}^ such offence.

Sect. 4. If any person or persons shall take any of the said fish
called herrings, alewives or perch, in the said Bass River, or in the
ponds and streams connected therewith, or within half a mile, in any
direction, from the mouth of said river, at any time or place or in any
manner other than may be allowed by the said committee, each person so
offending shall for each and every such offence, upon conviction thereof,
forfeit and paj^ a fine not exceeding ten dollars, if the quantity of fish
so taken be less than one barrel, but if the quantity of fish so taken
shall be one barrel or more, such person or persons so offending shal
forfeit and pay for every barrel of fish so taken a sum not more than
twenty dollars nor less than ten dollars.

Sect. 5. If any vessel, boat or craft shall be found within the lim-
its of the said river or the ponds or streams connected therewith, or
within half a mile of the said river's mouth, with any more of the said
fish on board the same than is allowed by said committee, or if any
person or persons, with any such vessel, boat or craft shall be detected
in taking or in attempting to take any of the said fish in any manner
different from the regulations of said committee, or with seines, nets
or other instruments of a kind or size different from that established
by the said committee, it shall be the duty of such committee, or
either one of them, and they are hereby authorized to seize such ves-
sel, boat or craft, seine or other instruments, and detain the same not
exceeding forty-eight hours, in order that the same maj' be attached
by due process of law, and made answerable for such fines and for-
feitures incurred, with costs of suit.

Sect. 6. All fines and forfeitures incurred under this act shall go,
one half to the said towns of Dennis and Yarmouth, and the other
half to the person who shall prosecute for the same, excepting that
when the said committee or either one of them shall prosecute, then
the forfeitures shall accrue wholly to the said towns, to be recovered
by complaint before a justice of the peace, or in amy court competent
to tr}' the same.

Sect. 7. All laws heretofore passed regulating the fisheries in
either of the towns of Dennis and Yarmouth, which are inconsistent
with the provisions of this act, are hereby repealed, excepting that a
fish-committee which may be chosen the present year under the pro-
visions of an}' existing law, shall be considered the committee of such
town under the operation of this act.

Sect. 8. This act shall take effect from and after its passage, —

[March 16, 1849.

[1869, 384.]

244 LAWS RELATING TO

An Act authorizing the erection of a Fish Weir in the Town of Eastham.

1849, 64. Be it enacted^ etc.^ as follows: Sect. 1. Joshua Hig-
gins, junior, Scotto Cobb and their associates, of Eastham, in the
count}^ of Barnstable, are hereby authorized to erect and maintain in
said town, a weir for taking fish, on their land at or near a place
called Cook's Brook, on the ba}- side of said town, extending from
the upland to low-water mark : provided, that the said weir shall not
be so constructed or maintained as to obstruct the navigation at said
place.

Sect. 2. If any person shall wilfully injure or destroy said weir, or
any part thereof, or shall, without leave of the owners thereof, take
from the same any fish found therein, he shall, upon conviction, for-
feit and pay to the use of the owners of said weir a sum not exceed-
ing twenty dollars, to be recovered in any court of competent juris-
diction, and shall, moreover, be liable to the parties injured for all
damages, in a civil suit. — [March 29, 1849.

[1821,97; 1849, 219.]
An Act to prevent the Seining of Fish in the Harbors of New Bedford and Fairhaven.
1849, 128. Be it enacted, etc., as folloivs : Sect. 1. No person
shall set, draw or use any seine or net in the harbors of New Bedford
and Fairhaven or the waters falling into said harbors north of a line
drawn due east from the almshouse in New Bedford to Fairhaven, for
the purpose of taking any description of fish other than menhaden,
and any person offending against the provisions of this act, shall for-
feit and pay the sum of twenty dollars for each offence, to be recov-
ered by complaint before the justice of the police court in New Bed-
ford, or any justice of the peace, to the use of the complainant. —

[April 20, 1849.

^ [1854, 293.]

[1821,97; 1849,128.]

An Act in addition to an Act entitled " An Act to prevent the Seining of Fish in the

Harbors of New Bedford and Fairhaven."

1849, 219. Be it enacted, etc., as folloivs: Sect. 1. Nothing con-
tained in the act entitled " An Act to prevent the seining of fish in
the harbors of New Bedford and Fairhaven," passed the twentieth day
of April in the year one thousand eight hundred and forty-nine, shall
be construed to appl}' to the herring fisheries in Acushnet River, from
Island Marsh, so called, in said river, northwardly, to the head waters
thereof.— [May 2, 1849.

[1854,293.]

INLAND FISHERIES. 245

1850.

[1833, 211; 1855, 156; 1858, 95.]
An Act for the protection of the Fisheries in the vicinity of Nantucket.

18r)0, 6. Be it enacted^ etc., as follows: Sect. 1. From and after
the first clay of Jul}^ next it shall not be lawful for any person or per-
sons to take any fish b}' seining, within one nolle from the shores of
Nantucket, Tuckernuck, Smith's, Muskeeket and Gravel Islands.

Sect. 2. The provisions of the sixteenth section of the fifty-fifth
chapter of the Revised Statutes in regard to the town of Chatham,
shall be and the same are hereby extended to the town of Nantucket.

Sect. 3. Any person violating any provisions of this act, shall
forfeit and pa}' for each offence the sum of fift}- dollars.

Sect. 4. The said town of Nantucket is hereby authorized to
choose, at the annual town meeting or at any meeting duly warned
for that purpose, such number of fish-wardens as may at the time be
deemed necessary, who shall be sworn to the faithful discharge of
their duty, whose duty it shall be to prosecute for every offence against
any provisions of this act.

Sect. 5. If any boat or craft be found within or without the limits
aforenamed with fish of any kind on board, taken within said limits
contrary to the provisions of this act, it sliall be the duty of said fish-
wardens to seize such boat or craft, and detain the same not exceed-
ing forty-eight hours, in order that the same may be attached or
arrested by due process of law, for the better security of the payment
of the penalty for the violation of the provisions of this act, together
with the costs of the suit : provided, however, that as soon as the
master or owner of such boat or craft shall pay such penalty to the
treasurer of the town of Nantucket (if he pay the same before being
sued therefor) , such boat or craft shall be discharged, with the effects
therein.

Sect. 6. All fines and penalties recovered and received by virtue
of this act, shall go, one-half to the treasurer of Nantucket, for the
use of said town, the other half to the complainant ; and said for-
feitures, fines or penalties may be recovered, together with legal
costs of suit, by an action of debt, in any court of record proper to

try the same. — [February 5, 1850.

[1870, 284.]

An Act to incorporate the Great Marsh Dyking, Water-Power and Fishing Company.
1850,73. Be it enacted, etc., as follows: * * * Sect. 4. Said
corporation shall have the exclusive ownership of any herring or other
fisher}' created in consequence of the location of said d^'ke, together
with the right of regulating such fisheries and taking the fish therein,
to their own exclusive use, * * * — [March 14, 1850.

246 LAWS RELATING TO

An Act to incorporate the Wequabsqua Fishing Company.

1850, 99. Be it enacted^ etc., as follows: Sect. 1. Charles
Weeks, Samuel T. Hancock, Moses A. Ma3-hew, Tristram Allen,
Calvin O. Adams and others, their associates and successors, pro-
prietors of the lands adjoining a pond, situated in the south part of
the town of Chilmark, known by the name of Chilmark Pond, are
hereby made a corporation by the name of the Wequabsqua Fishing
Compan}', for the purpose of taking fish in the limits hereinafter
specified ; and for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions and liabilities
contained in the fort^'-fourth chapter of the Revised Statutes, passed
on the fourth day of November, one thousand eight hundred and
thirty-five.

Sect. 2. All persons who are proprietors of the lands as aforesaid,
shall have the right to become members, bear the expenses and share
the profits, of the company, in like proportion as was the estimated
value of their several meadows, according to the valuation of the
commissioners of sewers, in the year one thousand eight hundred and
fort3'-eight, to the value of the whole.

Sect. 3. The said company are hereby empowered to maintain a
creek or canal from said pond, across the neck of land called Wequab-
squa, to the sea, with the exclusive privilege and control of the fisljery
in said creek and so much of the pond as lies within ten rods from the
head of the creek, and also so much of the sea or ocean from high-
water mark, as lies within the distance of fifty rods from the mouth
of said creek.

Sect. 4. If an}'^ person, in violation of the by-laws of said com-
pany shall take, catch or destroy any fish within the limits named in
the preceding section, he shall forfeit and pa}'^ for each offence, a sum
not exceeding twent}^ dollars nor less than five dollars, one half to
the complainant and the other half to the town of Chilmark.

Sect. 5. Either of the persons named in the first section of this
act, is hereby authorized to call the first meeting of the company, by
causing a notification, stating the time and place of meeting and the
business to be acted upon, to be published in the " Vinej^ard Gazette,"
a newspaper printed in the town of Edgartown or b}^ giving notice to
each proprietor.

Sect. 6. This act shall take effect from and after its passage. —
[March 20, 1850.

[1815, 83.]
An Act concerning the Alewive Fishery in the Town of Dennis.

1850, 148. Be it enacted, etc., as folloios : Sect. 1. So much of
an act passed on the twenty-fourth day of February, in the j'ear one

INLAND FISHERIES. 247

thousand eight hundred and twenty-five, entitled "An Act in addition
to an act entitled an act to prevent the destruction and to regulate the
catching of the fish called alewives, in their passage up the rivers and
streams in the town of Harwich, in the county of Barnstable," as
prevents the catching of fish called alewives, on the westward of Job
Chase's Wharf, so called, situated in the town of Dennis, in the county
of Barnstable, is hereby repealed.

Sect. 2. This act shall take efl["ect from and after its passage. —
[April 4, 1850.

[1852, 68; 1855, 90; 1880, 122.]

1851.

[1826, 54.]

Aw Act to protect the Mattakeeset Herring Fishery in the Town of Edgartown.

1851, 77. Be it enacted, etc., as follows: Sect. 1. No person or
persons shall set, draw or stretch any seine or drag-net or set up any
weirs, in the Great Pond, bays, coves or creeks of said Great Pond,
jn the town of Edgartown, from the first day of September, annuall}',
under a penalty of fifty dollars for each person, for each oflfence, to
be recovered in any court proper to tiy the same, one half to the use
of the said town, and the other half to any person who shall prosecute
therefor.

Sect. 2. This act shall take effect from and after its passage. —
[April 25, 1851.

[1856,285; 1872,248.]

[Sp. Laws, vol. 2, pp. 222, 289 ; 1825, 63 ; 1847, 94.]
An Act to protect the Fisheries in the Town of Falmouth.

1851, 98. Be it enacted, etc., as follows: Sect. 1. No person
shall set, draw or stretch any seine or drag-net in the Waquoit Bay,
or in any of the ponds, rivers or creeks, within the limits of the town
of Falmouth, under a penalty of twenty dollars nor more than one
hundred dollars ; to be recovered in any court proper to try the same,
one half to the use of the said town, and the other half to any person
who shall prosecute therefor.

Sect. 2. Tbis act shall take eflfect from and after its passage. —
[April 30, 1851.

[1858, 130.J

[1843, 20.]
An Act in addition to an Act concerning Alewives in Herring River in the Town of

Barnstable.

1851,116. Be it enacted, etc., as folloivs: Sect. 1. The inhabi-
tants of the town of Barnstable, at their annual meeting in the month
of Februar}', shall choose one or more proper persons as a committee
to regulate the taking of alewives in Herring River, at Marston's

248 LAWS RELATING TO

Mills, in the said town, which committee shall prescribe and make
known the time, not exceeding five days in each week, and the man-
ner and place or places where the said fish ma}' be taken by all the
inhabitants of the said town, and the said committee shall have and
exercise all the powers and duties which, b}' the act to which this is
in addition, are placed in the selectmen of the said town.

Sect. 2. The time during which the said fish shall be so taken b}'
the inhabitants of the said town, and during which the occupants or
owners of dams across the said river shall be required to keep open
and maintain the passage-ways over or around their respective dams,
shall not exceed thirty days in each year; and nothing contained in
this act, or the act to which this is in addition, shall be so construed
as to affect the legal rights of any person.

Sect. 3. The first and fifth sections of the act to which this is in
addition, and all other parts of the said act which are inconsistent with
the provisions of this act, are hereby repealed. — [May 7, 1851.

[1848, 185.]

An Act in addition to " An Act to incorporate the Pocha Pond Meadow and Fishing

Company in Edgartown."

1851, 126. Be it enacted, etc., as follows: Sect. 1. If any per-
son not a proprietor of this corporation, shall receive damages by the
flowing of his meadows, or in the closing of the present outlet
of Pocha Pond, the county commissioners of Dukes County, after
the hearing of all parties interested, shall estimate the amount of
damage such persons may have sustained by the said corporation and
also the benefits, if any, such persons may derive by the flowing of
his meadows or in closing the present outlet ; which damages, if any,
after deducting therefrom the benefits, said corporation shall pay :
and either party if dissatisfied with any estimate made by the said
commissioners, may apply for a jury to assess the damages, either at
the same meeting at which such estimates shall be completed and
returned, or at the next regular meeting thereof, and the like proceed-
ings shall be had thereon as are provided for the recovery of damages
for laying out highways.

Sfxt. 2. The fourth section of an act entitled " An Act to incor-
porate the Pocha Pond Meadow and Fishing Company," passed on
the twenty-fifth day of April, in the year one thousand eight hundred
and forty-eight is hereby repealed.

Secp. 3. This act shall take eflfect from and after its passage. —
[May 7, 1851.

[1856. 45.]

INLAND FISHERIES. 249

1852.

[1839, 102]
An Act to protect the Fisheries in the town of Barnstable and Marshpee District.

1852, 35. Be it eivicted^ etc., as follows: Sect. 1. No person
shall set, draw or stretch an}' seine or drag-net in Osterville Harbor,
or Popponessette Ba}-, or an}- of the waters within the limits of the
town of Barnstable or Marshpee district on the southerly side, under
a penalty of not less than ten dollars nor more than one hundred dol-
lars, to be recovered in any court proper to try the same, one half to
the use of the said town, and the other half to any person who shall
prosecute therefor.

Sect. 2. This act shall take effect from and after its passage. —
[March 15, 1852.

[1860,46; 1884,264.]

[Sp. Laws, vol. 2, p. 504; vol. 3, p. 398; 1823, 97; 1848, 187.]

Aj* Act to prevent the Destruction of Shad and Alewives in the Saugus River, and its
Tributary Streams within the City of Lynn.

1852, 48. Be it enacted, etc., as follows: Sect. 1. The cit}'
council of the city of Lynn is hereby empowered and directed in the
month of April or May annually, to choose five persons, inhabitants
of said city, to see that the laws respecting the passage-ways for shad
and alewives be observed ; and each person so chosen shall be sworn
to the faithful discharge of his duty. And the said committee or a
major part of them are hereby authorized ami empowered to order
the times, places and manner in which said fish may be taken in
Saugus River and streams in said city : provided, however, that no
person shall be allowed to take said fish as aforesaid more than three
da\ s in an}- one week ; and provided, also, that the taking of said fish
shall n<;t be prohibited more than four days in any one week. And
the regulations which shall be so agreed upon by said committee,
shall be written and posted in three public places, or published in
a newspaper in said city.

Sect. 2. The said committee or a majority of the members, are
hereby authorized and empowered to require of the owner or occupant
of any dam or sluice-head of any mill erected, or that may be erected
over said river or stream, to open and keep therein a sufficient
passage-way for such fish, at such time, between the first day of
April and the twentieth day of June annually, as the said commiUee
or a major part of them shall think necessary ; and may also require
of the owner or occupant of any canal or course, whereby any natural
stream is or shall be in. part changed or altered, to leave sufficient
water in the natural stream for the easy and safe passage of said fish ;
and upon neglect or refusal of such owner or occupant of any dam,

250 LAWS RELATING TO

sluice-head or canal as aforesaid, to comply with such act, the said
comraittee or major part of tbem, shall and may cause sufficient
passage-way and opening as they shall judge necessary, for the pur-
poses aforesaid, to be made in such dam, sluice-head or canal, with
the least prejudice to the owner or occupant, and at his expense.
And such passage-way and opening shall and may be continued at
the discretion of said committee, from the time the}' shall order the
same as aforesaid, and until they shall order or permit the closing of
the same, between the days above named. And if any person shall
obstruct the passage-way or opening required or allowed by said com-
mittee or the major part of them, as aforesaid, or in an}' manner
obstruct the passage of said fish, or put or cause or suffer to be put
in either of said streams an}' noxious substance whereb}' said fish may
be destroyed or their passage hindered, such offender shall forfeit
and pay a sum not exceeding twenty dollars for each offence.

Sect. 3. If any person or persons shall be found taking any of
the aforesaid fish on any day or in any place or in any manner con-
trary to the regulations of the said committee, or of the provisions of
this act, or of otherwise killing or wasting such fish, such oflender
shall forfeit and pay a sum not exceeding ten dollars nor less than
one dollar for each ofl^ence.

Sect. 4. If an}' person not a resident of the city of Lynn, shall
take any fish from either of said streams within said city, he shall
forfeit and pay a sum not exceeding twenty dollars for each offence.

Sect. 5. It shall be the duty of said committee to see to the
observance of this act, and they shall have authority therefor to go
upon the laud bordering upon the said river or streams and shall not
be considered as trespassers therein. And any person who shall
molest said committee or either of them, in the execution of the duties
of their office, shall forfeit and pay a sum not exceeding ten dollars
nor less than one dollar.

Sect. 6. All fines and forfeitures given by this act may be
recovered by complaint or information in the police court of said
city, and to the use of said city ; and all costs incurred therein, if
not otherwise recovered, shall be paid by said city.

Sect. 7. All acts and parts of acts heretofore made which are
inconsistent with the provisions of this act, are hereby repealed.

Sect. 8. This act shall take eflfect from and after its passage. —
[March 26, 1852.

[Sp. Laws, vol. 1, p. 269; 1814, 128; 1848, 116]
An Act to regulate the setting of Mesh Nets in North River.
1852, 66. Be it enacted^ etc., as follows : Sect. 1. No person
or persons shall set or cast any mesh-net across North River, so

i

INLAND FISHERIES. 251

called, in the count3' of Plymouth, so as to prevent the free passage
of fish up or down said river, on any days excepting Monda3-s, Wed-
nesdays and Fridays of each week, from sunrise to sunset of said
days.

Sect. 2. All laws restricting and regulating the setting of seines
in said North River, shall apply to the setting of mesh-nets in said
river. — [March 27, 1852.

[1853, 350; 1856, 83; 1872, 229; 1875, Res. 36; 1876, 103.]

[1815, 83.]
An Act to incorporate the Flax Pond Fishing Company in Dennis.

1852, 68. Be it enacted, etc., as foUoivs : Sect. 1. James Howes,
William Crowell, 2d, John Gorhara, their associates and successors,
are herebj'^ made a corporation by the name of the Flax Pond Fishing
Company, in Dennis, and are empowered to open a brook or outlet
from Flax Pond to Sesuit Creek, so called, and also improve Sesuit
Creek (into which said pond empties) to the sea, so far as may be
necessarjr for the purpose of an alewive fishery, and to regulate the
same, and for this purpose shall have all the powers and privileges,
and be subject to all the duties, restrictions and liabilities contained
in the fortj'-fourth chapter of the Revised Statutes.

Sect. 2. If anj' person, without the permission of the corpoi'ation,
shall take, catch or haul on shore any alewives in said pond or brook
or creek or outlet so made, the person so offending shall forfeit and
pay, for the use of said corporation, a sum not exceeding two dollars,
if the quantity so taken be less than one barrel ; but if said quantity
be more than one barrel, the person so ofllending shall forfeit and pay
for each and every barrel, five dollars, to be recovered in any court
proper to try the same.

Sect. 3. If any damage shall be done by said corporation to the
property of an}' individual, such individual shall be entitled to rea-
sonable indemnit}' for the damage done him.

Sect. 4. Any inhabitant of the town of Dennis shall be entitled
to the privilege of becoming a member of said corporation : j)rovided,
application is made therefor within three months from the passage of
this act ; and provided, also, that said applicants pay their proportion
of the expenses which shall have accrued to said corporation.

Sect. 5. If the said corporation shall neglect to execute and com-
plete the improvements provided for in this act within tliree years
from the passage thereof, then the same shall be void and of no
effect.

Sect. 6. This act shall take effect from and after its passage. —
[March 27, 1852.

252 LAWS RELATING TO

[Sp. Laws, vol. 3, p. 378; 1819, 11; 1820, 51; 1836, 130; 1837, 184; 1844, 63.]
An Act to regulate the Fishery in Palmer's River.

1852, 92. Be it enacted^ etc., as follows: Sect. 1. From and after
the passage of this act, no person, except as is hereinafter provided,
shall take shad or alewives with seines or in nets in Palmer's River
in the town of Rehobotb, in the county of Bristol, from the first da3-
of April to the first day of July in each j^ear : provided, that the
inhabitants of Rehoboth ma}', at a legal meeting held for that pur-
pose, dispose, at public auction, of the privilege of taking fish fur
that year, with scoop-nets and seines only, in said river for the time
aforesaid, to such person or persons as ma}' offer the highest price
for the same and shall give suflficient security for the payment of the
purchase money, at such time and in such manner as the town shall
direct.

Sect. 2. The said town may sell said privilege in sections or
otherwise as the town ma}- determine, and the purchaser or purcha-
sers of anj' privilege or privileges of taking shad or alewives aforesaid,
or those emploj-ed by him or them, maj' take any of said fish in said
river between Swanze}' line and the Orleans Dam, with scoop-nets,
three nights in the week, beginning on Wednesdaj' at sunset and end-
ing on Saturday at sunrise, of each week ; and may also take said fish
with not more than two seines to be used at the same time, and iu tlie
daytime onl}', three daj'S in each week, beginning on Thursday morn-
ing at sunrise and ending on Saturday at sunset, in any part of said
river between Swanzey line and Miller's Bridge, so called, on said
river in said Rehoboth : provided, however, that no shad or alewives
shall be taken in any manner from said river after the first day of
July in each 3-ear.

Sect. 3. The town of Rehoboth, at their annual meeting in March
or April, may choose one or more suitable persons to serve as fish-
wardens, who shall be sworn to the faithful discharge of their duties,
and shall see this act enforced, and shall prosecute for all violations
thereof; and it shall be the dut}^ of the said fish- wardens to prevent
and remove all obstructions in the course of the stream to the passing
up and down of the fish during the season, from the first day of April
to the first day of Julj- in each year ; and the said wardens or either
of them, and also those who are lawfully emploj^ed in catching or
buying the fish taken in said river, shall be authorized to go upon and
pass over the lands of any person through or by which said river runs
without being considered trespassers : provided, the}' shall so pass
over or on said lands only at such times and places as the fish-war-
dens shall direct and prescribe and only when such passing over and
on said lands shall be necessary for the purpose of protecting said

INLAND FISHERIES. 253

fishery, and taking and selling, and shall do no more damage to said
lands than is indispensable for such proper use ; and any person who
shall wilfully hinder or molest said wardens or an}' person authorized
b}' them in the neccssar}' clearing of said river, and in the necessary
and proper use of lands on said stream, for protecting the said fishery
and taking or selling the said fish, shall forfeit and pay not exceeding
twent}' dollars for each offence, to be recovered in the manner pro-
vided in the fourth section of this act.

Sect. 4. If an}- person or persons other than those who have
purchased a privilege or privileges, shall fish with seine or nets at
any time or in any place or manner, or shall set an}' nets or seines,
wear or other obstruction in said river or in an}' part thereof, with
intent to take or destroy any shad or alewives, he shall forfeit and
pay twenty dollars for each ofl^ence, to be recovered to the use of the
county in which the offence was committed, or by action of debt ; one
half to the use of the person complaining and who shall give informa-
tion that shall lead to the prosecution and conviction of any person
guilty of a violation of the provisions of this act, and the other half
to the use of the town in which the offence shall be committed.

Sect. 5. All laws heretofore passed relating to the fishery and
fishing in Palmer's River, within the limits of the town of Rehoboth,
are hereby repealed.

Sect. 6. This act shall take eflfect from and after its passage. —
[April 3, 1852.

[Sp. Laws, vol. 1, p. 296; vol. 2, p. 15i; 1812, 103 ; 1835, 137.]
An Act to protect Shad in Connecticut River.
1852, 122. Be it enacted^ etc.. as follows: Sect. 1. No person
shall catch, take or destroy shad in Connecticut River after the first
day of July in each year.

Sect. 2. Any person convicted of a violation of this act shall be
punished by a fine not exceeding ten dollars. — [April 20, 1852.

[1864, 62.]

An Act to authorize John Nickerson and Eldridire Nickerson to construct a Fish-wear

in Provincetown Harbor.

1852, 149. Be it enacted., etc., as follows : Sect. 1. John Nicker-
son and Eldiidge Nickerson, of Provincetown, in the county of Barn-
stable, are hereby authorized to construct a fish-wear on the side of
Long Point, in Provincetown Harbor, which flats join the uplands of
the said Nickersons, with leave to extend the same as far as the tide
ebbs, for the purpose of taking fish.

Sect. 2. If any person shall take any fish from said wear with-
out the permission of said Nickersons, he shall forfeit and pay to
them a sum not exceeding five dollars, if the quantity so takui be

254 LAWS RELATING TO

less than one hundred pounds, and five dollars for every hundred
pounds so taken, to be recovered in an}' court proper to try the
same.

Sect. 3. If any damage shall be done by said Nickersons in the
construction of said wear to the property of any person, such person
shall be entitled to damage, to be estimated in the same manner as
damages occasioned by laying out of highways. — [April 27, 1852,

[1818, 13.]

An Act for the Regulation and Protection of the Alewive Fishery in the Towns of

Cohasset and Scitnate.

1852, 151. Be it enacted, etc., as folloivs: Sect. 1. The select-
men of the towns of Scituate and Cohasset, and their successors, sliall
be a committee for the purpose of protecting, regulating and improv-
ing the alewive fisher}- in the stream running from Scituate Pond into
Cohasset Harbor, on or near the boundary line between the towns of
Scituate and Cohasset, and shall have full powers for these purposes ;
they shall annual]}- dispose of said fishery for the term of one year,
and no longer, after proper notice, at public sale ; they may make
improvements in and remove obstructions from said stream for the
purposes aforesaid. The expense of such improvements and remov-
als shall, with the exceptions of sluice-ways in dams, as hereinafter
provided, be borne equally by the towns of Scituate and Cohasset ;
and said towns are hereby empowered to raise money for this purpose.
The proceeds of said fishery shall be equally divided between the two
towns.

Sect. 2. The acts of a majority of said committee shall be valid :
provided, reasonable notice of all meetings shall be given to every
member of the same ; and provided, that at least one member from
each town shall be present.

Sect. 3. All persons excepting those purchasing the right from
said committee as aforesaid, or employed by such purchasers, who
shall take any of said fish from said stream, in any part of it, from
Doane's Mill, so called, upward, shall forfeit the sum of ten dollars
for every offence to the use of said purchasers, who may recover the
same by an action at law.

Sect. 4. The owner or occupier of every dam on said stream shall
annually, between the first day of March and the first day of June
next following, for such term of time and in such manner as said
committee shall direct, open a sufficient passage for said fish through
said dam ; and on failure to open such passage, or of continuing it
open as aforesaid, shall forfeit and pay the sum of one hundred dollars ;
and said committee may open said passage when neglected as afore-
said, at the expense of the owner or occupier thereof: provided, that

INLAND FISHERIES. 255

no more damage is thereby done said owner or occupier than is neces-
sary to effect said purpose.

Sect. 5. Any member of said committee may be a witness in an}'
legal proceeding touching said fishery.

Sect. G. The said committee shall regulate the times, places and
manner of taking said fish : provided, that no fish shall be taken on
more than four days of an}' one week ; and the said purchasers shall
conform to such regulations, on penalty of not less than twentj' nor
more than one hundred dollars for each offence.

Sect. 7. The said committee shall receive out of the proceeds of
said fishery one dollar and twenty-five cents each for every clay's
actual service in performing the duties herein required of them.

Sect. 8. All fines and forfeitures named in this act, and not
otherwise appropriated, shall be equally divided between the towns
of Scituute and Cohasset, and they may join in a suit for the same.

Sect. 9. This act shall take effect from and after its passage. —
[April 27, 1852.

1853.

An Act to incorporate the Magonsett Fishing Company.

1853, 53. Be it enacted, etc., as follows: Sect. 1. Charles S.
Nye, James Witherell and Charles O. Nj-e, citizens of North Fal-
mouth, their associates and successors, are hereby made a corporation
by the name of the Magonsett Fishing Company, and are empowered
to regulate the brook running from Dam Pond, so called, to Wild
Harbor, in said Falmouth, so far as is necessar}' for the purpose of
an alewive fisher}- ; and for this purpose shall have all the powers
and privileges, and be subject to all the duties, restrictions and lia-
bilities set forth in the forty-fourth chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of the corporation,
shall take, catch or haul on shore any alewives in said brook, or within
one-eighth of a mile in any direction from the mouth of said brook, he
shall forfeit and pay for the use of said corporation, a sum not
exceeding two dollars, if the quantity so taken be less than one barrel ;
but if the quantity so taken be more than one barrel, the person so
offending shall forfeit and pay for each barrel of fish so taken five
dollars, to be recovered in any court proper to try the same.

Sect. 3. If any damage shall be done by said corporation to the
property of any individual, not a member of the corporation, such
individual shall be entitled to reasonable damage, to be estimated in
the same manner as damages occasioned by the laying out of high-
ways.

Spxt. 4. This act shall take eflTect from and after its passage. —
[March 17, 1853.

256 LAWS RELATING TO

[1834, 126.]
An Act in addition to an Act entitled "An Act concerning Alewives in Herring River,

in the town of Sandwich."

1833, 95. Be it enacted, etc., as follous: Sect. 1. If an}- per-
son or persons shall take any of the fish named in said act, in said
Herring River, or ihe ponds in which said fish cast their spawn, at
any time, or in any place or manner other than shall be allowed by
the selectmen of said town of Sandwich, each person so oflfending
shall, for each and every offence, on conviction thereof, before any
justice of the peace, in the county of Barnstable, pay a fine not
exceeding twent}' dollars nor less than one dollar, or shall be impris-
oned in the county jail of said county for a time not exceeding sixty
days, at the discretion of the justice before whom the trial may be had.

— [March 26, 1853.

[1854, 285.]

[1834, 166 ; 1849, 36.]
An Act to abolish the office of Commissioner of Marshpee.

***********

1853,186. Be it further enacted, etc., as foUoius: Sect, 5. The
said district at any regular meeting, with notice in the warrant that
the subject will be acted on, may authorize the selectmen of said
district to lease or dispose of the herring or trout fisheiy, belonging
to said district, from time to time, for terms of time not exceeding
five years in anj^ one lease, the proceeds to go into the treasur}' for
the benefit of the district ; and the}' may elect or appoint two or
more fish-wardens to protect said fishery : provided, the same is not

repugnant to the laws of the Commonwealth.

***********

Sect. 8. This act shall take effect from and after its passage. —
[April 23, 1853.

[Sp. Laws, vol. 1, p. 269; 1814,218; 1848, 116; 1852,66.]

An Act to equalize and protect the Fishery on the North River, so called, in the County

of Plymouth.

1853,350. Be it enncted, etc., as follows: Sect. 1. The inhabi-
tants of the town of Pembroke are hereby permitted to take fish at
the weir where they have usually caught them on the North River, so
called, or stream leading to the Indian Ponds, so called, in said
town, or on the following da3-s in each week : Tuesday, Wednes-
da}^ Thursday and Frida}-, from' sunrise on Tuesday to sunset
on Friday, inclusive, and at no other time, under a penalty- of
fifty dollars for each and every da}' fish are taken from said weir, con-
trary to the provisions of this act, to be paid by the town of Pembroke
as follows : one-quarter part of the said fifty dollars to the person

INLAND FISHEIUES. 257

making the complaint, and three-quarters of the same to be paid to
the towns of Marshfleld, Scituate and South Scituate, in the propor-
tion to the number of their inhabitants bj' tlie census last taken.

Sect. 2. No person or persons shall take fish from the stream
leading from said North River to the said Indian Ponds or streams
tributar}- to the North River, excepting at the weir before mentioned,
at any time between the tenth 6ny of April and the fifteenth of May
inclusive, of each 3'ear, under a penalty of twenty dollars for each
and every oflTence, which shall be paid as follows : one half of the
twenty dollars to the complainant, and the other half to the said
town of Pembroke. •

Sect. 3. It shall be lawful for the inhabitants of the several towns
situated on said North River, to take fish with ten seines onl}', in the
manner following, to wit : the towns of Pembroke, Scituate and
South Scituate, shall each have the right of disposing at pi^blic
auction, for their own benefit, of the privilege of catching fish with
two seines only, and the town of Marsh field shall have the right of
disposing at public auction, for their own benefit, of the privilege of
catching fish with four seines onl}-, in the river aforesaid.

Sect, 4. An}' person or persons who may by seine or mesh-nets,
take fish from the said North River, except such persons as have
authoiity under this act, shall each forfeit and pay for each and every
time they so trespass, the sum of twenty dollars to the town wiih'n
whose limits the same were taken.

Sect. o. The proprietors of any and all mills located on the
North River, and streams leading from said North River to the said
Indian Ponds, so called, in the county of Plymouth, shall take up the
wastewa^-s of said mills in each year, on or before the tenth day of
April, and keep the same up to the fifteenth day of May following,
that the fish shall not be obstructed in their passage to the said Indian
Ponds from the said North River ; and in the neglect or failure of a
proprietor of any mill to take up the waste-ways, so called, and keep
the same up for the before mentioned time, he shall forfeit and pay
for each and every day of such neglect, the sum of one hundred dollars
to the towns of Marshfield, Scituate, South Scituate and Pembroke,
in the proportion to their number of inhabitants.

Sect. 6. An}- expense that may accrue in removing obstructions or
clearing the streams leading from the North River to the Indian Ponds,
for the preservation of the fish, with the exception of taking up the
waste-ways of mills, shall be borne by the several towns of Marshfield,
Scituate, South Scituate and Pembroke in the proportion to their in-
habitants, who are hereby permitted to raise money for the same.

Sect. 7. All penalties and forfeitures under this act may be
recovered in anj- court competent to try the same.

258 LAWS RELATING TO

Sect, 8. All acts and parts of acts inconsistent witli tliis act are

hereb}' repealed.

Sect. 9. This act shall take effect from and after its passage. —

FMay 19. 1853.

[1876, 103.]

[1813, 147; 1838, 19; 1844,65.]

An Act in addition to an Act to establish the Fishery iii Agawara and Half-way Ppnd

llivtrs.

1853,377. Be it enacted, etc, as follows: Sect. 1. If any person
or persons shall use any seine or drag-net for the taking of fish in the
Agawam and Half-way Pond Rivers between the first day of March
and the first day of October, he or they shall each forfeit and pay to
the towns of Plymouth and Warchara twenty dollars for each and
every offence ; and shall also forfeit such seine or drag-net, together
with such boat or boats as may be used to work the same.

Sect. 2. All forfeitures under this act shall be collected in the
same manner and disposed of in the same way, as forfeitures under
the act passed February twenty-sixth, eighteen hundred and thirty-
eic^ht, to which this is in addition.

Sect. 3. If the committee annually chosen by the towns of Plym-
outh and Wareham, shall fail by neglect or disagreement to fix the
time and prescribe the manner in which the owner or occupier of any
dam on said rivers shall open a sufficient passage for said fish through
said dam, then and in that case, the committee of either town, who
may feel aggrieved thereby, may apply to the county commissioners,
of the county of Plymouth, who, after due notice to the committee of
the other town, shall have the same power now vested in said com-
mittee to fix the time and prescribe the manner in which the owner or
occupier of any dam on said rivers shall open a sufficient passage for
said fish through said dam ; and the owner or occupier of any dam on
said rivers, who shall fail to comply with the order of said commis-
sioners therein, shall be liable to the same penalties as they are now
liable to for failing to comply with the order of said committee, to be
recovered in like manner. And said county commissioners shall have
the same power which said committee now possess, to open said dam
when neglected as aforesaid. And if either of the county commis-
sioners shall reside in either of the towns of Plymouth or Wareham,
his place shall be supplied by one of the special commissioners not
resident in either of said towns.

Sect. 4. All acts and parts of acts inconsistent with this act are
hereby repealed.

Sect. 5. This act shall take eff'ect from and after its passage. —

[May 19, 1853.

•- '' [1860,89; 1863, 117.J

INLAND FISHERIES. 259

1854.

An Act to secure an Alewive Fishery at West Sandwich.

1854, 231. Be it enacted, etc., asfullmvs: Sect. 1. Isaac Kcilh,
of Sandwich, in the county of Barnstable, his heirs and assigns, shall
have the c.Nchisive right to tal^e and catch fish in the stream or creek
known as Scusset River, and leading into the mill-pond in West Sand-
wich, on Monday-, Wednesday, Friday and Saturday in each week,
and at no other time: provided, that the said Isaac Keith, his heirs
or assigns, shall open a good and sufficient passage-wa}- around tlie
dam or dams erected on said stream, to enable the fish to go into said
mill-pond to spawn, and maintain and keep the said passage- w\a3-3
open and unobstructed, from the tenth day of April to the twentieth
day of May inclusive, in each year.

Sect. 2. Any person or persons taking fish from said stream or
pond without the consent of the said Isaac Keilh, his heirs or assigns,
shall forfeit and pay for each and every offence the sum of ten dollars,
one half of the forfeiture to be paid to tlie person ranking the com-
plaint, the other half to be paid to the said Isaac Keith, his heirs
or assigns, to be recovered in any court competent to try the same.
— [April 7, 1854.

[1824, 107; 1834, 126; 1853, 95 ]
An Act concerning the Alewive Fishery in Herring River in the Town of Sandwich.
1854, 285. Be it enacted, etc., as follows : Sect. 1. The Herring
Pond tribe of Indians shall be entitled to fish on the west bank of the
river known as Herring River in the town of Sandwich, in their an-
cient way, above the weir established on said river, to the land
belonging to the heirs of Nathan B. Gibbs, deceased, on those days
prescribed In- the selectmen of said town, agreeabl}^ to an act passed
on the twent3--seventh of March in the year one thousand eight hun-
dred and thirty-four ; and also to receive from the town of Sandwich,
two barrels for each famil}', annually.

Sect. 2. This act shall take effect from and after its passage. —
[April 12, 1854.

[1821,97; 1849, 128,219.]
An Act concerning Seine Fishing in the Harbor of New Bedford.
1854, 293. Be it enacted, etc., as follows: Sect. 1. Instead of
the limits prescribed in the act of April twentieth, one thousand eight
hundred and forty-nine, for the use of any seine or net in the harbors
of New Bedford and Fairhaven, the following limits are hereby pre-
scribed, namely : from a point called Butler's Rock on New Bedford
shore, to the beacon on Egg Island, thence on a course north-east by
east to the Fairhaven shore ; and so much of the above mentioned act

260 LAWS RELATING TO

as authorizes seining for menhaden, and all other parts thereof incon-
sistent with the provisions of this act, are hereb}' repealed.

Sect. 2. This act shall take effect from and after its passage. —
[April 13, 1854.

J 1855.

[1813, 115.]
An Act in addition to an Act to protect the Alewive Fishery in the Town of Brewster.

1855, 39. Be it enacted, etc., as follouis : Sect. 1. That the
inhabitants of the town of Brewster be and are hereb}' authorized to
prohibit all obstructions to the passage of alewives and also to pre-
vent the catching of the same b}^ any person or persons other than
those said town may direct, within the distance of one-fourth of a
mile east of the mouth of Mill Creek or the outlet of Stony Brook,
so called, in Brewster Ba}', and on the west from said boundarj^ to
the line of the town of Dennis, from the twentieth of April to the
twentieth of June : j^^ovided, such prohibition shall not affect the right
to take other kinds of fish within the time and limits named in this
section.

Sect. 2. Any person causing obstructions or found taking alewives
within said limits without the authority of said town, shall be liable to
a penaltj' not exceeding twenty dollars for each offence, to be recov-
ered in any court competent to try the same, to the use of the person
who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[March 9, 1855.

An Act to authorize Augustus Paine and Timothy Jarvis to construct Fish-weirs and

Fixtures in the Town of Brewster.

1855,51. Beit enacted, etc., as follows : Sect. 1. That Augustus
Paine and Tiraothv Jarvis, inhabitants of the town of Brewster, be
and are hereby authorized to construct fish-weirs and the usual fix-
tures for taking fish on the lands of said Paine and Jarvis in said
Brewster: prodded, said weirs and fixtures shall not be placed within
one-fourth of a mile from the entrance of Stony Brook, so called,
in Brewster Ba}-. Said weirs and fixtures shall all be within the
limits of the town of Brewster, and shall cause no obstruction to
navigation.

Sect. 2. Any person obstructing the provisions of the first section
of this act, or taking fish from said weirs without the authority of said
Paine or Jarvis, shall be liable to a penalt}' of a sum not exceeding
fifteen dollars for each offence, to be recovered in any court competent
to try the same, to the use of the person who shall prosecute therefor.

Sect. 3. This act shall take effect on and after its passage. —
[March 14, 1855.

INLAND FISHERIES. 261

An Act to authorize Samuel Young, of Chatham, to construct a Fish-weir.

1855, 75. Be it enacted, etc., as follows : Sect. 1. Samuel Young
of Chatham, is hereby authorized to construct a lisli-weir on the nortli
side of the new harbor, on the flats adjoining Nauset Beach, in the
town of Chatham in the county of Barnstable : provided, said fish-
wcir shall cause no obstruction to navigation nor infringe on the
riglits of others.

Sect. 2. An}- person or persons unlawfully taking fish from said
weir, or obstructing the passage of fish into said weir, or causing
damage thereto, shall be liable to a penalty of twenty dollars, to
be recovered in anj- court competent to tr}' the same, for the use of
the person who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[March 24, 1855.

Ax Act to autliorize Thomas L. Eidridge and his Associates to construct a Fish-weir.

1855, 84. Be it enacted, etc., as folhws: Sect. 1. Thomas L.
Eldiidge and his associates are herebj' authorized to construct a fish-
weir and other necessary fixtures in the tide-waters at a place where the
channel that runs southerly from Broad Creek, so called, unites with
the Crooked Channel, so called, in the south-easterly part of Orleans,
in the county of Barnstable, for the purpose of taking fish : provided^
that the said weir shall not be so constructed or maintained as to ob-
struct the navigation at said place or infringe on the rights of others.

Sect. 2. If any person shall wilfully injure or destroy said weir,
or an}' part thereof, or shall, without leave of the owners thereof,
take from the same any fish found therein, he shall, upon conviction,
forfeit and pa}^ to the use of said owners of said weir, a sum not
exceeding twenty dollars, to be recovered in any court of competent
jurisdiction, and shall moreover be liable to the parties injui'ed for all
damages in a civil suit.

Sect. 3. This act shall take effect from and after its passage. —
[March 24, 1855.

[1842, 62.]
An Act to authorize Thomas Sparrow and his Associates to construct a Fish-weir.
1855, 88. Be it enacted, etc., asfolloios: Sect. 1. Thomas Spar-
row and his associates, in the town of Chatham, are hereby authorized
to construct a fiih-weir, commencing on the westerly shore of Mono-
mory Beach, in said Chatham, at the south side of Steward's Hole,
so called, and to extend said weir not more than eight hundred yards
in a westerly direction into Chatham Bay, in Barnstable County, with
all the privileges thereto attached : provided, that said weir shall cause
no obstruction to navigation or infringe on the rights of others.

2Q2 LAWS RELATING TO

Sect. 2. If an}- person shall wilfully injure or destroy said weir,
or any part thereof, or shall, without leave of the owners thereof,
take from the same any fish found therein, he shall, upon conviction,
forfeit and pay to the use of the owners of said weir, a sum not
exceeding twenty dollars, to be recovered in any court of competent
jurisdiction, and shall moreover be liable to the parties injured for all
damages, in a civil suit.

Sect. 3. This act shall take elTect from and after its passage. —
[March 20. 1855.

[181.% 83.]
Ax Act to autborize Barnabas W. Eldiidge, Francis Joseph, Canada Perry, and their

Associates, to build a Fish-weir.

1855,90. Be it enacted, etc., as follows : Sect. 1. Barnabas W.
Eldridge, Francis Joseph, Canada Perry, and their associates, are
her'.'b}' authorized to construct a fish-weir near Kilt Pond Point, so
called, on the south shore of the town of Dennis, in the county of
Barnstable : provided, said weir shall cause no obstruction to naviga-
tion nor encroach ou the rights of others.

Sect. 2. Any person or persons unlawfully taking fish from said
weir or obstructing the passage of fish into said weir, or causing
damage thereto, shall be liable to a penalt}' of twenty dollars, to be
rec(jvered in any court competent to trj' the same, for the use of tlie
jjerson who shall prosecute therefor.

Sect. 3. This act shall take eflTect from and after its passage. —
[March 26, 1855.

An Act to authorize Ira Wixon and Elijah Whittemore to construct a Fish-weir.

1855, 125. Be it enacted., etc., as follows: Sect. 1. That Ira
"Wixon and Elijah Whittemore are hereby authorized to construct a
fish-weir near Hill Pond Point, so called, in the town of Dennis, in the
county of Barnstable : 2^^'ovided, said weir shall cause uo obstruction
to navigation nor encroach on the rights of others.

Sect. 2. All persons unlawfully taking fish from said weir, or
causing obstructions to the passage of said fish to said weir, or caus-
ing damage thereto, shall be liable to a penalty of twenty dollars, to
be recovered in an}- court competent to trj' the same, for the benefit
of the person who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[March 31, 1855.

An Act to authorize Eleazer Rogers, Jr., and his Associates, to build a Fish- weir.

1855, 154. Be it enacted, etc., as foUoivs : Sect. 1. Eleazer
Rogers, .Jr., and his associates, are hereby authorized to construct
a fish-weir near the mouth of the Crooked Channel, where it unites

INLAND FISHERIES. 2G3

with the Little Bay, so called, in the south-easterly part of the town
of Orleans, in the county of Barnstable, for the purpose of taking fish :
pj'ovidefl, said weir shall cause no obstruction to navigation nor
encroach on the rights of others.

Sect. 2. All persons unlawfully taking fish from said weir, or
causing obstruction to the passage of flsh to said weir, or causing
damage thereto, shall be liable to a penalty of twenty dollars for each
and every offence, to be recovered in any court competent to try the
same, for the benefit of the person who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[April 9, 1855.

[1833, 211 ; 1850, 6.]
Ax Act in addition to an Act to regulate the Fisheries in the vicinity of Nantucket.
1855, 150. Be it enacted, etc., as follows : Sect. 1. The penalty itn-
posed in third section of the act of February' fifth, in the j-ear eighteen
hundred and fift}', to which this is in addition, shall be so amended as to
make the sum not to exceed five hundred dollars, to be recovered in an}-
court competent to trj' the same, for the use of the town of Nantucket.
Sect. 2. The provisions of this act shall take effect from and
after its passage. — [April 9, 1855.

[1858, 95 ; 1870, 284.]

An Act to authorize Jesse Tuttle and his Associates to construct a Fish-weir in the

Town of Harwich.

1855,162. Be it enacted, etc., as follows: Sect. 1. Jesse Tuttle
and his associates are hereby authorized to construct a fish-weir on
the flats east of Andrews River, so called, in that part of Harwich
called South Harwich, in the count}' of Barnstable, for the purpose of
taking fish : 2^^'ovided, however, said weir shall cause no obstruction
to navigation nor encroach on the rights of others.

Sect. 2. All persons unlawfull}^ taking fish from said weir, or
causing obstructions to the passage of fish to said weir, or causing
damage thereto, shall be liable to a penalty of twenty dollars for each
and every offence, to be recovered in any court competent to try the
same, for the benefit pf the person who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[April 10, 1855.

[Sp. Laws, vol. 1, pp. 191, 451; vol. 2, p. 128; vol. 3, p. 524; 1805, 29;^1810, 117;
1812, 127; 1814, 22; 1824, 101; 1825, 78; 1829, 40; 1839, 134; 1845, 79.]
An Act to protect the Fisheries in Ipswich River.
1855, 171. Be it enacted, etc., as follows: Sect. 1. The inhabi-
tants of the town of Ipswich and vicinity, in the county of Essex,
may, at all times take fish from Ipswich River in said town, with dip-
nets, Sundays excepted.

2G4 LAWS RELATING TO

Sect. 2. 'No person shall set, draw or stretch any seine or drag-
n(t in anj' part of the waters in Ipswich River, within the limits of
said town, nnder a penalt}' not exceeding fifty dollars, to be recovered
in any court competent to try the same, for the use of said town.

Sect. 3. This act shall take effect from and afcer its passage. —
[April 10, 1855.

[18.56, 14, 52, 248 ; 1868, 157.]

Ax Act to authorize William W. EldriJge, Jonathan Eldridge and Warren N.

Rogers to construct a Fish-weir.

1855, 173. Be it enacted, etc., as follows: Sect. 1. William
W. Eldridge, Jonathan Eldridge and Warren N. Rogers are hereby
authorized to construct a fish-weir in the tide-waters near Clam
Point, so called, in the easterl}' part of the town of Harwich in the
count}' of Barnstable, for the purpose of taking fish : provided, said
weir shall cause no obstruction to navigation nor encroach on the
rights of others.

Sect. 2. All persons unlawfull}' taking fish from said weir, or
causing obstructions to the passage of fish to said weir, or causing
damage thereto, shall be liable to a penalty of twenty dollars, to be
recovered in a;)y court competent to try the same, for the use of
the person who shall prosecute therefor.

Sect. 3. Tiiis act shall take eflTect from and after its passage. —
[April 10, 1855.

Ax Act to prohibit Seining in Apponigansett River and Creeks.

1855, 175. Be it enacted, etc., as follows: Sect. 1. No person
shall set, draw or use any seine for taking fish in Apponigansett River
in tlie town of Dartmouth in the count}- of Bristol, or its tributaries,
north of a line running south-west from Ricketson's Point across said
river.

Sect. 2. An}' person violating this act shall, on conviction, pay a
fine of not less than fifteen nor more than fifty dollars, to be recov-
ered by any court competent to try the same, for the use of said
town.

Sect. 3. This act shall take effect on and after its passage. —
[April 14, 1855.

Ax Act to protect the Fislieries iu the towns of Danvers and Beverly.

1855, 208. Be it enacted, etc., as folio ics: Sect. 1. The inhabi-
tants of the towns of Danvers and Beverly and vicinity, in the county
of Essex, may at all limes take fish from Porter's, Crane and Waters
Rivers, so called, situated within and between the towns above named,
in any manner except that prohibited in the following section.

Sect. 2. If any person or persons shall take any fish in either of

INLAND FISHERIES. 265

the rivers named in the first section, by the use of a seine or weir,
above a point designated in the tliird section, he or they shall, for each
offence, on conviction thereof, pay a fine not exceeding fifty dollars,
the fines and forfeitures to be recovered in any court proper to tr}' the
same, one half to the use of the town in which the offence is com-
mitted, the other half to the use of him who shall prosecute therefor.

Sect. 3. It shall be lawful for any person or persons whatever to
take fish in any manner below a point called Horse Pasture Point
situated in the town of Danvers, and on the westerly side of Bass
River, and near or below the mouths of the rivers named in the first
section of this act.

Sect. 4. This act shall take effect from and after its passage. —
[April 18, 1855.

An Act to authorize the construction of a Fish-weir in the Town of Yarmouth.

1855, 212. Be it enacterl, etc., as follows: Sect. 1. George
Weaver and his associates are hereby authorized to construct a fish-
weir in the tide-waters of Lewis Bay, so called, in the town of Yar-
mouth in the count}' of Barnstable, for the purpose of taking fish :
provided, said weir shall cause no obstruction to navigation nor en-
croach on the rights of others.

Sect. 2. All persons unlawfully taking fish from said weir, or
causing obstructions to the passage of said fish to said weir, or caus-
ing damage thereto, shall be liable to a penalty of twenty dollars for
each offence, to be recovered in an}' court competent to try the same,
for the benefit of the person who shall prosecute therefor.

Sect. 3. This act shall take effect from and after its passage. —
[April 18, 1855.

An Act to protect the Fisheries in the Town of Chilmark.

1855, 272. Be it enacted, etc., asflloivs: Sect. 1, Abner May-
hew, George Maj'hew, and their associates, are hereby authorized and
directed to build and maintain a good and suitable fish-way, both for
ingress and egress, through the creek leading to Squipnocket Pond,
so called, in the town of Chilmark in the count}' of Dukes, during the
usual season for the passage of fish through said creek.

Sect. 2. Any person causing obstruction to the passage of fish
through said creek named in the first section of this act, shall be liable
to a penalty of twenty dollars for each and every day such obstruc-
tions shall wilfully be allowed to remair^ during the season named in
the first section of this act, to be recovered in any court competent to
try the same, for the use of the person who shall sue for the same.

Sect. 3. This act shall take effect from and after its passage. —
[May 2, 1855.

266 LAWS EELATING TO

[Sp. Laws, vol. 2, pp. 222, 289 ; 1847, 94.]

An Act authorizing the Selectmen of the Town of Falmouth to permit Seines to be

used in certain Ponds.

1855, 279. Be it enacted, e'c, as foUoios: Sect. 1. The select-
men of the town of Falmouth in the county of Barnstable, and their
successors, are herebj' authorized to permit seines to be used at their
discretion (said permits to be given in writing), between the first day
of December and the following first day of April in each year, in the
following ponds, viz. : " Bowman's Pond," " Little Pond" and " Perch
Pond."

Sect. 2. Anj' person or persons detected in using or shooting any
seine or seines for the purpose of taking fish in any of the ponds
named in the foregoing section, without the permission of the select-
men as provided in said section, shall be subject to a fine of not less
than five dollars nor more than one hundred for every such offence, to
be recovered before any court competent to trj* the same, one half of
said fine to accrue to the use of said town, the other half to the person
complaining.

Sect. 3. The selectmen aforesaid shall determine, so far as shall
appear to them advisable, in what manner an}' fish taken from said
ponds b}^ their permission, shall be disposed of, so far as to secure to
the inhabitants of said town of Falmouth a suppl}' of fish so taken.

Sect. 4. All acts and parts of acts inconsistent herewith, are
hereby repealed.

Sect. 5. This act shall take effect from and after its passage. —
[May 2, 1855.

[1839, 83 ; 1848, 47.]

An Act in addition to "An Act to incorporate Trap's Creek Fishing Company, in

Edgartown."

1855, 299. Be it enacted, etc., as follows: Sect. 1. The owners
of Trap's Creek Fishing Company in the town of Edgartown, in the
county of Dukes, their associates and successors, are hereby author-
ized to catch all kinds of fish by seine or otherwise, in Trap's Pond,
from the first day of November to the first day of April, in each year.

Sect. 2. If a,nj person shall set, stretch or drag a seine in said
pond, except as above provided, without the consent of said pro-
prietors, he shall forfeit and pa}' to the use of the aforesaid company
the sum of twent}' dollars for each offence, and an additional sum for
each and every barrel of perch so taken, to be recovered b\' indict-
ment, or on complaint before any justice of the peace.

Sect. 3. No person, whether a proprietor or not, shall be allowed
to seine perch in said pond, from the first day of April to the first day
of November, in each jesiv.

INLAND FISHERIES. 267

Sect. 4. Nothing herein contained shall prevent any inhabitant
of this Commonwealth from catching perch in said pond with hook
and line, at any time.

Sect. 5. All acts and parts of acts inconsistent with the provisions
of this act, are hereby" repealed.

Sect. 6. This act shall take effect from and after its passage. —
[May 4, 1855.

[Sp. Laws, vol. 1, p. 166; 1844, 67.]
Ax Act to protect the Fisheries in the Town of Harwich.

1855, 301. Be it enacted^ etc., as follows: Sect. 1. Obed Brooks,
Jr., and his associates and successors in the town of Harwich, in the
count}- of Barnstable, are hereby authorized to remove all obstructions
in the brook or stream called Coy's Brook, from the branch of Herring
River (so called), near Hall's Island to Clark's Pond and Flax Pond,
for the purpose of propagating and catching herrings or alewives, for
the sole use and benefit of said Brooks and his associates : provided,
that no individual's rights or privileges shall be infringed thereby.

Sect. 2. All persons illegally taking fish from said ponds or said
brook or stream, or causing obstructions to the passage of fish or ale-
wives to or from said ponds, shall be liable to a penalt}' of not less
than two dollars or more than twenty dollars for each offence, to be
recovered in any court competent to try the same, for the use of the
person who shall sue therefor.

Sect. 3. This act shall take eflfect from and after its passage. —
[May 4, 1855.

An Act to regulate the Fisheries of the Oyster Pond River Company in the Town of

Falmouth.

1855, 324. Be it enacted, etc., as follows: Sect. 1. William
Gifford, Stephen Dillingham, their associates and successors, in the
town of Falmouth in the county of Barnstable, are hereby authorized,
under the name of the Oj'ster Pond River Compan}', to regulate the
river running from Oyster Pond to Hogg Island Harbor, so far as is
necessary for an alewive fishery ; said company to have sole control
and benefit of said fishery : provided, that no individual rights shall
be infringed thereby.

Sect. 2. All persons unlawfully taking fish from said pond or
river, or causing obstructions to the passage of said fish to or from
said pond or river, shall be liable to a penalty of not less than two nor
more than twenty dollars, to be recovered in any court competent to
tr3' the same, for the use of the person who shall sue therefor.

Sect. 3. This act shall take effect from and after its passage. —
[May 10, 1855.

268 LAWS RELATING TO

Ax Act to authorize the Town of Nantucket to regulate the Fisheries in all the Ponds,
Creeks and Harbors in the County of Nantucicet.

1855, 337. Be it enacted, etc., as foHows: SECfc. 1. The town
of Nantucket is hereby authorized aad empowered, at any legal
meeting of the inhabitants of said town, to make such by-laws as may
be deemed expedient to preserve and protect the iisheries in all the
ponds and creeks within the county of Nantucket : provided, such by-
laws do not infringe on the rights of any person.

Sect. 2. This act shall take effect on and after its passage. —
[May 15, 1855.

[Sp. Laws, vol. 1, pp. 313, 3.54, 422; vol. 2, pp. 192, 381, 469; vol. 3. appendix, p. 20.
181.5, 111, 119; 1818, 106; 1819, 133, 137; 1822, 38; 1829, 5o; 1832, 44, 120; 183J, 137;
1843, 73 ; 1844, 62.

An Act to regulate the Fisheries in Taunton Great River and the Newmasket River.

1855, 401. Be it enacted, etc., as follows; Sect 1. From and
after the passage of this act it shall not be lawful for an}' person or
persons to catch shad or alewives in an}' manner, in Taunton Great
River or in Newmasket River, from the first day of March to the
tenth day of June, including both of said days in each year, except
as hereinafter provided in this act.

Sect. 2. The several cities and towns hereafter in this section
named, shall annually, in legal meeting to be held for that purpose,
on or before the fifteenth day of November in each year, sell at public
auction, to the highest bidder who shall give satisfactory security for
the payment therefor, for the benefit of said cities and towns respec-
tively, the privilege of taking shad and alewives in Taunton Great
River, between the days aforesaid and including those days, in the
year next succeeding such sale, with the number of seines following :
the city of Fall River and town of Freetown may each sell the privi-
lege of fishing with one seine for the purpose aforesaid ; the towns of
Somerset, Dighton, Berkley and Raynham may each sell the privilege
of fishing with two seines for the purpose aforesaid ; and the town of
Taunton may sell the privilege of fishing with three seines for the
purpose aforesaid, which privileges of fishing shall be sold separately,
and the purchaser or purchasers thereof may locate and use the privi-
lege or privileges by him or them obtained at any such sale, at any
place upon Taunton Great River which he or they may select or pro-
cure, with the consent of the owner or owners of the shore on which
such location or locations may be made.

Sect. 3. No seine that shall be used for the purpose of fishing in
said Taunton Great River in the towns of said Taunton and Raynham,
and in the towns of Berkley and Dighton above Rocky Point, shall be
more than twenty rods in length ; and no seine that shall be used for

INLAND FISHERIES. 269

such purpose in said towns of Berkley and Dighton below Rocky
Point, shall be more than thirty -five rods in length ; and no seine that
shall be used for such purpose in the towns of Somerset, Freetown or
the city of Fall River, shall be more than forty rods in length. And
no shad or alewives shall be taken by any instrument or means at any
time within one mile and a half of the dam near '' King's Bridge," so
called, in Squawbettj- Village.

Sect. 4. No seine shall be allowed to be set or to remain in said
Taunton Great River for any longer time than is necessary to cast the
same and haul it immediatel}' to the shore. And no seine or other
obstruction to hinder the fish going up shall be put in the river below
the dam at Squawbett}' Village during the time not allowed for fishing,
hereinafter mentioned. And all locations that shall be made on the
shore of said river for the purpose of fishing shall have the upper and
lower limit thereof designated b}' some proper object on the shore,
which shall not be changed during anj' one fishing season ; and such
locations shall be forty rods in length above Rocky Point, and fort}--
five rods in length below Rocky Point. And no seine shall be swept
without the compass of two parallel lines drawn, the one from a point
ten rods above the upper limit, and the other from a point ten rods
below the lower limit of all locations above Rocky Point, and at right
angles with a line drawn from such upper and lower limits ; or with-
out the compass of two parallel lines drawn, the one from a point
thirty rods above the upper limit, and the other from a point thirty
rods below the lower limit of all locations below Rocky Point, and at
right angles with a line drawn from such upper and lower limits ; all
said distances above and below to be measured on the shore of said
river. And no seine shall be swept more than fifty rods in the river
above Rocky Point, or more than seventy-five rods in the river below
Rock}* Point, at any one sweep.

Sect. 5. No shad or alewives shall be taken in any part of Taun-
ton Great River or the Newmasket River, between the hours of nine
o'clock on Friday evening of each week and four o'clock on Monday
morning succeeding, from the first daj^ of March to the tenth da}- of
June in each year hereafter, including both of said days ; and no shad
or alewives shall be taken in Taunton Great River above Berkley and
Dighton Bridge, between the hours of twelve o'clock in the night
following Thursday of each week, and four o'clock on Monday morn-
ing succeeding, from the first day of March to the tenth day of June
in each year, including both of said daj's.

Sect. 6. The several purchasers of the privileges aforesaid shall
select the place where the}" intend to use the same for the purpose of
catching shad and alewives, and shall file a certificate of such selection,
and the location thereof, with the clerk of the city or town within

270 LAWS RELATING TO

which such location shall be made, on or before the first daj- of March
in each _year hereafter. And the purchaser or purchasers so locating
said privileges shall have the right to catch shad and alewives in Taun-
ton Great River for the time named in the first and fifth sections of
this act, at their respective locations to be made as aforesaid, and no
other persons except the assistants of such purchaser or purchasers.

Sect. 7. No person shall set any seine, net, weir or other hin-
drance or obstructions in or across said river or any part thereof, or
in an}' of the waters connected therewith, except in the mouth of
Broad Cove, so called, in the* towns of Dighton and Somerset ; nor
shall an}' person at an}' place on said waters, drive or pursue with any
boat or boats, contrary to the intent and meaning of said act, any
shad or alewives ; nor shall any person beat or whip the said waters
with any instrument or thing, or throw into said waters any earth or
other substance or thing whereby said fish shall be hindered, dis-
turbed, destroyed, driven or delayed, during the time named in the
first section of this act. And if any person shall be found fishing
with any seine, net or other instrument, contrary to the provisions of
this act, and if any person shall be found having or conveying away
in any building, boat or vessel, or in any cart or other A'ehicle, any
fish taken in violation of the provisions of this act, knowing the same
to be so taken, it shall be lawful for any fish-warden, chosen in pursu-
ance of the ninth section of this act, to enter any such building and
take to his own use all such fish and any such seine, net or other in
strument, any such boat, vessel, cart or other vehicle, without any
warrant other than is given by the provisions of this section.

Sect. 8. The inhabitants of the towns of Sliddleborough and
Lakeville shall have the whole control and management of the fisher-
ies on the Newmasket River, and shall have the right to catch, by
their committees or their agents duly chosen in legal meetings, or to
sell the right of catching, shad or alewives by set-nets or dip-nets,
during the time named in the first section of this act, at any three
places within the limits of said towns, to be designated for each year
by said towns in legal meetings, each of such rights to be used only
from four o'clock on Monday morning to nine o'clock on Friday even-
ing of each week, and at no other time or places during the period
named in said first section. And the net proceeds of such fishery or
sales shall be divided between the said towns of Middleborough and
Lakeville, in proportion to the number of ratable polls in each re-
spectively, and the respective parts of such proceeds shall be disposed
of by said towns respectively in such manner and for such purposes as
each town shall for itself determine and direct.

Sect. 9. The several towns aforesaid, at their annual meetings in
the months of March or April, and the mayor and aldermen of any

INLAND FISHERIES. 271

city upon said river, at any meeting, sliall choose, by ballot, each,
three or more persons for fish-wardens, whose dut}^ it shall be to see
that this act is enforced, and prosecute for all breaches or violations
thereof; and each fish-warden so chosen shall be sworn to the faithful
discharge of his duty by the clerk of any city or town in which he
may be chosen, within ten da^'S after his election ; and said clerk
shall make record thereof; and such fish-wardens when duly sworn
are authorized to measure seines and locations, and to pursue the
duties of their office in any place, and to enter any building where
the}' have good cause to believe any fish taken in violation of the pro-
visions of this act are kept. And if any person chosen fish-warden
as aforesaid, shall neglect, for the space of ten days after his elec-
tion, being notified thereof, to take the oath aforesaid, he shall forfeit
and pa\^ to the use of the town or cit}' in which he was so elected or
chosen, a fine of ten dollars, to be recovered in an action of tort, in
the name of the treasurer of such town or city, and the town or cit}^
shall proceed to fill the vacancy created by such refusal to be qualified
as aforesaid ; and if any of said towns or cit}' shall neglect to choose
fish-wardens as aforesaid, or to make sale of their privileges as afore-
said, such town or cit}^ shall forfeit and pa}' a fine of one hundred
dollars, to be recovered in an action of tort, to the use of any person
who shall sue for the same.

Sect, 10. The proprietors of the mills and dam at King's Bridge
in Squawbetty Village, and all other proprietors of dams on said
rivers, shall keep open a good and sufficient way for the passage of
fish that usually go up said Taunton Great River in their usual and
proper season during the time named in the first section of this act :
provided, such fish way need not be kept open in the spring of the
year before such proprietors or some one of them, or their agent or
agents, shall have been notified to open them by some fish-warden.
And the proprietors of any dam on said rivers who shall not comply
with the provisions of this section, shall forfeit and pay the sum of
twenty dollars for each and every day during which the}' shall wilfully
neglect to comply therewith, to be recovered in an action of tort, to
the use of any fish-warden who shall sue for the same, in any court of
competent jurisdiction.

Sect. 11. Any person who shall violate any of the provisions of
this act, or shall take any shad or alewives in the waters aforesaid, at
any time or in any manner contrary to the provisions of this act, shall
forfeit and pay a sum not less than five nor more than fifty dollars, to
be recovered in an action of tort, in any court having jurisdiction of
either of the parties to such action, to the use of the person who
shall sue for the same ; or shall, upon complaint made before any jus-
tice of the peace having jurisdiction of the offence and conviction

272 LAWS EELATING TO

thereon, be punished b}' a fine not exceeding twenty dollars and im-
prisonment not exceeding sixty days. And in any suit or complaint
instituted under the provisions of this section, the right of appeal
shall be had to the court of common pleas bj' either party in such
action, or the defendant in such complaint.

Sect. 12. This act shall take effect from and after its passage;
and all acts and parts of acts inconsistent with the provisions of this
act, are hereby repealed. — [Maj- 19, 1855.

[1863,73; 1866,54; 1871,258; 1875,71; 1876,208; 1879,83.]

[Resolves, 1832, 120.]
Resolve concerning the Fisheries in Taunton Great River.

1855, Res. 22. Resolved, That the governor be requested to
appoint three commissioners to examine into the condition of the
fisheries in Taunton Great River, and the laws regulating the same,
and to report such alterations or amendments of said laws as may
tend to promote the interest and harmony of the inhabitants of the
several towns on said river. — [March 17, 1854.

1856.

[1855, 171.]
An Act to protect the Fisheries in Ipswich River.

1856, 14. Be it enacted, etc., as follows: Sect. 1. The inhabi-
tants of the town of Ipswich, in Essex County, ma^' at an3' time
between the first da}^ of April and the first da}^ of June (Sundays
excepted) , take alewives from Ipswich River, in said town, with dip-
nets, and at no other time.

Sect. 2. No person shall, between the first day of April and the
first da}' of Juue, set, draw or stretch any seine or drag-net in any of
the waters in Ipswich River, within the limits of said town.

Sect. 3. Any person who shall offend against the provisions of
either of the foregoing sections of this act, shall for each and ever}'
oflTence forfeit the sum of one hundred and fifty dollars, one half
thereof to the use of the complainant, and the other half to the use
of the town.

Sect. 4. All acts and parts of acts inconsistent with this act are
hereby repealed.

Sect. 5. This act shall take effect from and after its passage. —
[February 13, 1856.

[1848,185; 1851,126]

An Act in addition to " An Act to incorporate the Pocha Pond Meadow and Fishing

Company in Edgartown."

1856, 45. Be it enacted, etc., as follows: Sect. 1. The Pocha
Pond Meadow and Fishing Company, in Edgartown, in Dukes County,

INLAND FISHERIES. 273

their successors and assigns, are hereby exclusively empowered, by
seines, nets, or any other fishing apparatus, at any time between the
first day of March and the first day of July in each year, to take
herrings from the waters of Pocha or Capepoge Ponds, in said Edgar-
town, or an}' of the outlets thereof.

Sect. 2. If an}- person shall set, stretch or drag a seine or net in
said pond, or the outlets thereof, or shall in any manner catch, or
attempt to catch herrings therein, except as above provided, without
the consent of the said company, he shall forfeit and pa^^ to the use
of the aforesaid company the sum of twenty dollars for each offence,
and an additional sum of twenty dollars for each and every barrel of
herrings so taken.

Sect. 3. If any person shall iu any way hinder or prevent the
herrings from passing through any or either of the aforesaid ponds,
or the outlets thereof, during the period aforesaid, he shall for each
and every oflfence forfeit and pay to the use of said compan}' the sum
of one hundred dollars.

Sect. 4. The penalties above provided for may be sued for and
recovered in an action of debt, or an act of trespass in the case, in
any court proper to tr}' the same.

Sect. 5. The proprietors of the aforesaid corporation ma}" increase
the number of shares to sixteen.

Sect. 6. All acts and parts of acts inconsistent with the provisions
of this act, are hereby repealed.

Sect. 7. This act shall take effect from and after its passage. —
[March 11, 1856.

[Sp. LaAvs, vol. 3, p. 5.]

An Act to protect the Fisheries in Ipswich River, in the towns of Hamilton, Wenham,

Topsfield, Boxfordand Middleton.

1856, 52. Be it enacted, etc., as folloivs: Sect. 1. No person
shall set, stretch or draw any seine or drag-net in any of the waters
in Ipswich River, within the limits of the towns of Hamilton, Wen-
ham, Topsfield, Boxford and Middleton.

Sect. 2. Any person who shall oflfend against the provision of
section first of this act, shall for each and every offence forfeit the
sum of one hundred dollars, one half thereof to the use of the com-
plainant, and the other half to the town where the offence was com-
mitted.

Sect. 3. This act shall take effect from and after its passage. —
[March 15, 1856.

An Act to regulate the Construction of Fish-Weirs.
1856, 50. Be it enacted, etc., as follows: Sect. 1. The mayor or
aldermen of any city, and the selectmen of the several towns lying

274 LAWS RELATING TO

upon the tide-waters of this Commonwealth, are hereby empowered
to authorize, in writing, any person to construct fish-weirs in said
waters, within the limits of such city or town, for a term not exceed-
ing five 3'ears : provided, said weirs shall cause no obstruction to
navigation nor encroach on the rights of others.

Sect. 2. If any person shall wilfullj' injure or destroy said weirs,
or any part thereof, or shall, without leave of the owhers thereof, take
from the same an}' fish found therein, he shall, upon conviction, forfeit
and pay to the use of the owners of said weirs, a sum not exceeding
twenty dollars, to be recovered in an}' court of competent jurisdiction,
and shall, moreover, be liable to the parties injured for all damages,
in a civil suit.

Sect. 3. This act shall take effect from and after its passage. —

[March 15, 1856.

[P. S., 91, ^ 70.]

[Sp. Laws, vol. 1, p. 269.]

An Act relating to Fish-ways at the several Dams on Barker's River, so called, in the

Town of Pembroke.

1856,83. Be it enacted, etc., as folloics: Sect. 1. The owners
or occupants of the several mill-dams erected across Barker's River
may construct, in the manner prescribed by the fish-committee of the
town of Pembroke for the time being, good and sufficient passage-wa3'3
for the fish called alewives to pass said dams up said river to the
Indian Ponds, so called, in the towns of Pembroke and Hanson ;
and the owners or occupants of said dams shall cause the same to be
built and kept in repair at their own expense, and the same shall be
kept open from the tenth da}' of April to the fifteenth day of May,
inclusive, in each year.

Sect. 2. In case the owners or occupants of said dams shall
neglect or refuse to comply with the foregoing requisition, then said
owners or occupants shall take up the waste-ways of said mills,
agreeable to an act entitled "An Act to equalize and protect the fish~-
ery on the North River, so called, in the county of Plymouth," passed
the nineteenth of May, one thousand eight hundred and fifty-three.

Sect. 3. The fish-committee of the town of Pembroke, for the
time being, shall have full power to regulate and control the flow of
water in Barker's River and Indian Ponds, so long as they may deem
it necessary for the preservation of said alewive fish in their passage
to and from said Indian Ponds.

Sect. 4. All acts and parts of acts inconsistent with this act,
are hereby repealed.

Sect. 5. This act shall take eftect from and after its passage. —

[April 3, 1856.

[1865, 47.]

INLAND FISHERIES. 275

An Act for the preservation of Fish in Buzzard's Bay, within the Towns of Sandwich

and Wareham.

1856, 176. Be it enacted, etc., as follows: Sect. 1. No person
shall set, draw or stretch an}- seine or net, for the purpose of taking
an}' fish, except bhie fish, in the ba3's, harbors, ponds, rivers or creeks,
of the waters of Buzzard's Ba}', within one mile from the shore, and
within the jurisdiction of the towns of Sandwich and Wareham.

Sect. 2. From the first day of April to the first day of July
inclusive, it shall be unlawful for an}^ person to take more than one
hundred pounds per week of lobster, tautog, bass or scuppaug, within
the waters aforesaid.

Sect. 3. Any person violating the provisions of this act, or either
of them, shall be subject to a penalty of not more than fifty dollars,
oneli alf to the complainant and the remainder to the towns in whose
jurisdiction the offence was committed.

Sect. 4. The penalties above provided for may be sued for and
recovered in an action of contract, or an action of tort, in any court
proper to try the same, upon complaint of the selectmen or any legal
voter of the towns of Sandwich or Wareham.

Sect. 5. This act shall take eflfect from and after its passage. —
[May 24, 1856.

Ax Act to incorporate the Farm Pond Fishing Company, in Edgartown.

1856, 211. Be it enacted, etc., as follows: Sect. 1. Elijah Nor-
ton, Benjamin Davis and Orlando E. Davis, their associates, succes-
sors and assigns, are hereby made a corporation by the name of the
" Farm Pond Fishing Company, in Edgartown," in Dukes Count}',
and are empowered to close the present outlet of said pond and to
make another outlet at such place as they may select, through the
lands of said proprietors to the Vineyard Sound, for the purpose of
creating a herring fishery.

Sect. 2. The aforesaid corporation are hereby empowered, by
seines, nets or otherwise, to take herring from the waters of the said
pond, or the outlet thereof, at such times as a majority of the pro-
prietors at a legal meeting may direct.

Sect. 3. If any person shall set, stretch or drag a seine or net in
said pond or outlet thereof, except as above provided, without the
consent of said company, he shall forfeit and pay to the use of said
company the sum of ten dollars for each offence, and an additional
sum of ten dollars for each and every barrel of herring so taken, to
be recovered in any court proper to try the same : x>i'Ovided, however,
that nothing in this act shall prevent any person from taking any
other fish from said pond.

Sect. 4. The present owners of lauds adjoining the said pond,

276 LAWS RELATING TO

or creek, or outlet, shall have each one share only in said fishery ;
and no one of them shall, by conveyance or descent of his lands,
create or cause to be created an additional number of shares : pro-
vided^ however, that each of the present owners, or his successors or
assigns, may divide his original share into parts or fractions.

Sect. 5. The foregoing provisions of this act shall not affect the
existing rights of any person or corporation. — [Ma}' 30, 1856.

[Dissolved 1884, 156.]

An Act for the protection of the Fisheries on the South Shore and Bays on the South
side of the Town of Barnstable and District of Marshpee.

1856, 214. Be it enacted, etc., as follows : Sect. 1. It shall be
unlawful to set or draw any seine or drag-net to take fish in any of
the bays, or in waters within one mile from the beach and shore on
the south side of the town of Barnstable and district of Marshpee,
within the limits between Succanesset Point and Point Gammon,
between the first day of April and the first day of November, in
each year.

Sect. 2. The provisions of the sixteenth section of the fiftj'-fifth
chapter of the Revised Statutes, concerning the taking of shell-fish
in the town of Chatham, shall be, and the same hereby are extended
to the south shore of the town of Barnstable and district of Marshpee.

Sect. 3. Every person violating any provision of this act shall
forfeit and pay for each oflTence not less than twenty nor more than
one hundred dollars, to be recovered, together with costs of suit, by
an action of tort, brought by any inhabitant of said town or district,
in an}' court competent to try the same.

Sect. 4. Any boat, craft or seine being in the possession or use
of any person violating the provisions of this act at the time and
place of such violation, may be seized by any inhabitant of said town
or district, and detained not exceeding forty-eight hours, in order
that the same, if need be, may in that time be attached or arrested
by due process of law, for the better security of the payment of the
said fines and forfeitures with cost : provided, however, that if the
person owning, or so in the possession or use of such boat or craft,
shall, before being sued therefor, pay said highest named penalty to
either the treasurer of the town of Barnstable or of the district of
Marshpee, such boat or craft shall be discharged with the contents
therein ; and provided, also, that if the person owning or so in the
possession or use of such seine, shall, as aforesaid, pay as aforesaid
the same lowest named penalty, such seine shall be discharged in like
manner.

Sect. 5. All forfeitures and penalties recovered and received by
virtue of this act, 'shall go one half to the complainant and the other

INLAND FISHERIES. 277

half for the use of the said town, if the complainant shall be an
inhabitant thereof, or for the use of said district if the complainant
shall be an inhabitant of said district.

Sect. 6. Nothing in this act contained shall be construed to pre-
vent the taking of menhaden or mackerel, by the use of seines,
within the said waters, between Succannesset and Point Gammon,
when used bona fide for that purpose and not for the purpose of
taking other fish.

Sect. 7. This act shall take effect from and after its passage. —
[Ma3^ 30, 1856.

[P. S. 91.]

An Act to protect the Fishery in Pleasant Bay.
1856, 225. Beit enacted, etc.,asfoUoivs: Sect. I. The town of
Orleans, at any legal town meeting called for the purpose, may make
and enact such laws as they may from time to time deem expedient,
to protect and preserve the fishery in Pleasant Bay and all the inlets
therefrom within the limits of said town of Orleans : 2^'>'ovided, always,
that no law, made as above, shall infringe upon the laws of the
Commonwealth. — [May 31, 1856.

[1855, 171.]

An Act in addition to the several Acts for the protection of the Fisheries in Ipswich

River.

1856, 248. Beit enacted, etc., as follows: Sect. 1. When au}^
person is found violating the provisions of any law for the protection
of the fisheries in Ipswich River, it shall be lawful for any constable
of the towns mentioned in said act to seize and detain any boat,
vessel or nets used b}- such persons as are found violating said laws
for the protection of fisheries in Ipswich River, and hold such boat,
vessel or nets, until the lowest fine named in those acts shall be paid
or good and sufficient bond, with surety, shall be given to abide the
judgment of the court in that case.

Sect. 2. This act shall take effect from and after its passage. —
[June 3, 1856.

[1826, 54; 1851,77.]
An Act to protect the Fishery in the Town of Edgartown.

1856, 285. Beit enacted, etc., as follows: Sect. 1. No person
shall set, draw or stretch anj' seine or net of an}^ kind within one mile
from the shore of any of the ponds, creeks, ba3's, harbors or inlets of
the sea within the limits of the town of Edgartown, excepting in a
pond known b}^ the name of the Oyster Pond, from the first da}' of
April to the first da}' of October, exclusive, in each year ; nor shall
any person not an inhabitant of said town at any time set, drag or

278 LAWS EELATING TO

stretch any seine or net in any of the ponds, creeks or outlets thereof.
The seining of menhaden and mackerel is exempted from this act.

Sect. 2. Any person violating any provision of this act shall be
liable to a fine not exceeding three hundred dollars for each offence,
or any boat, vessel or fishing apparatus used by persons violating the
provisions of this act may be seized and detained not exceeding the
time of forty-eight hours, by any person appointed for the purpose by
the town of Edgartown, for the purpose of duly prosecuting the
person offending this law.

Sect. 3. The town of Edgartown is hereby authorized to choose,
at the annual town meeting or at a.nj meeting duly warned for that
purpose, such number of fish-wardens as may at the time be thought
necessary, who shall be sworn to the faithful discharge of their duty,
whose duty it shall be to prosecute for offences against the provisions
of this act ; one half of all fines imposed and collected shall inure, to
the fish-wardens, and the other half to the Commonwealth.

Sect. 4. All fines or penalties for violating any provision of this
act, with costs, may be sued for and recovered in any court compe-
tent to tr}' the same, on complaint of either of the fish-wardens.

Sect. 5. This act shall take effect from and after its passage. —

[June 6, 1856.

[1872, 218.]

[Sp. Laws, vol. 1, p. 272.]
An Act for the preservation of Fish in the Merrimac River.

1856, 289. Be it enacted^ etc., a.s foUoios: Sect. 1. The Essex
Company shall, before the first day of Februar}' which will be in the
}'ear one thousand eight hundred and fift^^-seven, make and forever
thereafter maintain in or around their dam in Lawrence, a suitable
and sufficient fish-wa}^ for the usual and unobstructed passage of
fish during the months of April, May, June, September and October,
in every year, under a penalty of not less than one hundred dollars
nor more than five hundred dollars for every day said company shall
neglect to make and maintain such fish-way after said first day of
February, to be recovered by indictment in either county of Essex or
Middlesex, one half to the use of the complainant and one half to the
use of the Commonwealth.

Sect. 2. No person shall take an}- fish with a spear, net, hook or
seine during either of the months aforesaid in any year, within eighty
rods of said dam or the entrance of said fish-way.

Sect. 3. Ever}' person offending against the provisions of the
preceding section shall be punished by fine, not exceeding one hun-
dred dollars for each offence, one half of which shall inure to the use
of the complainant, and the other half to the use of the Commonwealth.

INLAND FISHERIES. 279

Sect. 4. All acts and parts of acts iuconsistent herewith are
hereby repealed. — [June 6, 1856.

Resolve concerning the Artificial Propagatipn of Fish.
185G, Res. 58. Resolved, That his excellency the governor, with
the advice of the council, be authorized to appoint three commissioners
whose duty it shall be to ascertain and report to the next general
court, such facts respecting the artificial propagation of fish as may
tend to show the practicability and expediency of introducing the
same into this Commonwealth under the protection of law ; and said
commissioners shall keep an account of their actual expenses in
executing this commission, to be dul}' audited and allowed by the
governor and council, and paid b}' warrant upon the treasury duly
drawn b}" the governor for that piu'pose : provided, however, that the
amount does not exceed one thousand dollars. — [May 16, 1856.

1857.

An Act to amend Chapter Fifty-five of the Revised Statutes, relating to Fisheries

1857, 30. Be it enacted, etc., as follows: Sect. 1. No person
shall take or catch any pickerel or trout in any rivers, streams or
ponds, in an}' other manner than by hooks and lines ; and no person
shall take any pickerel in any rivers, streams or ponds, from the first
day of December to the first day of May ; and every person oflTending
against an}' of the provisions of this act shall forfeit the sum of one
dollar for ever}' pickerel or trout by him taken contrary to the said
provisions, to be recovered by indictment, or on complaint before any
justice of the peace ; and one half of said fine shall belong to the
complainant, and the other half to the Commonwealth : 2:)rovided, that
the inhabitants of any town may, at their annual meeting, suspend,
in whole or in part, the provisions of this act, so far as respects such
town, for any time not exceeding one year.

Sect. 2. The second section of chapter fifty-five of the Revised
Statutes, relating to fisheries, is hereby repealed. — [March 25, 1857.

[P. S.91,]

[Sp. Laws, vol. 2, p. 502.]
Ax Act to protect the McnUade.i Fishery in the Towns of Duxbury, Plymouth and

Kingston.

1857, 85. Be it enacted, etc., as follows: Sect. 1. Every per-
son who shall, between the first day of May and the first day of
November, inclusive, in each year, deposit the offal or waste dressing
of the menhaden fish upon the shores or flats, or throw the same into
the waters of the bays, harbors, rivers or creeks of the towns of
Duxbury, Plymouth or Kingston, shall, for each and every offence,
forfeit and pay a sum not exceeding fifty dollars, one half to the

280 LAWS RELATING TO

complainant, and the remainder to the town within whose jurisdic-
tion the offence was committed, to be sued for and recovered in anj^
court competent to try the same, on complaint of any one of the select-
men, or any legal voter of either of the towns of Duxbury, Kingston
or Plymouth.

Sect. 2. Any boat, craft, vessel or fishing apparatus used by per-
sons violating the provisions of this act, may be seized and detained
not exceeding forty-eight hours by the selectmen of either of the
towns aforesaid, in order that the same, if need be, may be attached
or arrested by due process of law, to satisfy said fine, with costs.

Sect. 3. This act shall take effect from and after its passage. —
[April 24, 1857.

An Act to incorporate the Lagoon Pond Company in Dukes County.

1857,87. Be it enacted, etc. ^ as follows: Sect. 1. Bay es Norton,
Darius Norton, Elisha T. Smith, and their associates and successors, are
hereby made a corporation by the name of the Lagoon Pond Company,
in Dukes County, and are empowered to build a dam across said pond
about or from that part of the pond called Long Point, for the pur-
pose of creating a herring and perch fishery ; and said company shall
possess the exclusive right to said herring and perch fishery : provided,
that all persons may take fish from said pond with hook and line and
ma}' spear eels and dig clams therefrom.

Sect. 2. The said compan}' shall make said dam within two
years from the passage of this act ; and said dam shall be of sufficient
width and strength, with a good and sufficient bridge, so that it can
be used as a public highway.

Sect. 3. The said dam shall not injure by its height any of the
surrounding meadows, or take away or injure an^' existing right of
any person or corporation whatever.

Sect. 4. For the above named purposes said company shall have
all the powers and privileges and be subject to all the duties, restric-
tions and liabilities contained in the forty-fourth chapter of the
Revised Statutes.

Sect. 5. If any person, without leaA^e from said company, shall
take any fish from said pond except as provided in this act, they shall
forfeit for each offence a sum not exceeding twenty dollars, which
may be recovered in any court competent to try the same. — [April
24, 1857.

[1862, 47 ; 1885, 245.]

An Act to incorporate the Caleb's Pond Company.
1857, 193. Be it enacted, etc., as follows: Sect. 1. Valentine
Pease, Henry Pease, 2d, and David Davis, their associates and sue-

INLAND FISHERIES. 281

ccssors, are hereby made a corporation by the name of the Caleb's
Pond Company, in Edgartown, Dukes count}', for the purpose of
creating a herring and perch fishery ; and they are empowered to close
the present outlet of said pond and make a new one through the land
of the company. The profits of the fishery so created shall belong to
tbe compau}' ; but all persons may take fish with hook and line or
spear eels from said pond. And for this purpose the company shall
have all the powers and privileges and be subject to all the duties,
restrictions and liabilities set forth in the forty-fourth chapter of the
EeA-ised Statutes.

Sect. 2. If anj- person, without permission of the company, shall
take an}' fish from said pond, except as provided in this act, he shall be
subject to a fine not exceeding fifty dollars, to be sued for in any court
competent to try the same, and said fine shall belong to the company.

Sect. 3. All persons who now are owners of land adjoining said
pond or outlet, may become members of said corporation, provided
they shall signify to the company their intention to become members
within sixty days from the organization of the company ; and the
company shall give public notice of their organization by publishing
the same at least sixty days in the " Vineyard Gazette."

Sect. 4. The present owners of the land adjoining the said pond
or outlet who shall determine to become members of the corporation
shall each be entitled to one share and no more.

Sect. 5. In making or closing any outlet of said pond, the com-
pan}' shall not infringe upon the rights of any person or corporation.
— [May 19, 1857.

1858.

An Act regulating the Seining of Menhaden in the Rivers of the Commonwealth.

1858,52. Be it enacted, etc. ^ as folloivs : Sect. 1. The mayor and
aldermen of any city or the selectmen of an}' town situated upon or ad-
jacent to any river in which the seining of fish is now or may hereafter
by law be prohibited, may, upon the petition of twelve or more legal
voters, and after due notice and hearing thereon, grant permission to
such persons, upon such condition and with such restrictions as they
may see fit, to seine menhaden therein, if, in their judgment the same
is consistent with the public good : provided, hoioever, that in all
cases where two or more cities or towns are situated upon said waters
and interested in said fishery, no action shall be had except upou
petition to each of them, and by their concurrent vote.

Sect. 2. If any person so licensed shall exceed in any manner
the terms of said permission or violate any of the conditions thereof,
he shall be subject to the same penalties as would attach to seiniug
without such license.

282 LAWS RELATING TO

Sect. 3. Such license may be altered or revoked at any time, by
the concurrent action of the municipal authorities granting the same.
— [March 15, 1858.

An Act to incorporate the Baker's Pond and Drain Fishing Company.

1858, 65. Be it enacted, etc., as follows: Sect. 1. "Wilson V.
Baker, Loren Baker, Orlando Baker and Labau Baker, their asso-
ciates, successors and assigns, are hereby made a corporation by the
name of the Baker's Pond and Drain Fishing Compan}^, in the town
of Yarmouth, and are empowered to make a suitable outlet from
Baker's Pond in said town, through their own land, to Bass River,
for the purpose of creating an alewive fishery, and are authorized to
regulate the same ; with all the powers and privileges, and subject
to all the liabilities, duties and restrictions contained in the forty-
fourth chapter of the Revised Statutes.

Sect. 2. If any person, without the permission of the said corpo-
ration, shall take, catch or haul on shore any alewives from said
Baker's Pond or Drain, or within one hundred yards from the mouth
of said drain, he shall, upon complaint, forfeit a sum not exceeding
two dollars, if the quantity taken be less than one barrel ; and if the
quantitj' be more than one barrel, a sum not exceeding five dollars for
each barrel of fish so taken, to be recovered in any court proper to
try the same.

Sect. 3. This act shall not take effect unless accepted by the
town of Yarmouth, at a legal meeting called and held for that pur-
pose within one 3^ear after the passage of this act. — [March 22, 1858.

An Act in relation to the Pickerel and Perch Fishery in the District of Marshpee.

1858, 94. Be it enacted, etc., as foUoujs: Sect. 1. The dis-
trict of Marshpee is hereb}- authorized and empowered, at any legal
meeting held for that purpose, to make and establish bj'-laws in rela-
tion to the taking of pickerel and perch in au}^ of the ponds in said
district, by hooks and lines, at anj^ season of the 3'ear.

Sect. 2. The said district, at an}' regular meeting, with notice in
the warrant that the subject will be acted on, may authori/^e the
selectmen of said district to let or dispose of the pickerel and perch
fishery, or either, within said district or any part thereof, from time
to time, for any term not exceeding one year, to an}^ person, upon
such terms as may be by its by-laws fixed and established.

Sect. 3. Any person who shall take or catch any fish in violation
of the provisions of any by-laws established under authority of this
act, shall forfeit and paj^ a fine of not less than one dollar nor more
than twenty dollars, for each and every off'ence, to be recovered by
prosecution before any court of competent jurisdiction, one-half to
the person prosecuting and one-half to the said district.

INLAND FISHERIES. 283

Sect. 4. All acts and parts of acts inconsistent herewith are
hereby repealed. — [March 26, 1858.

[1833, 211 ; 1850, 6; I85n, 156; 1858, 95.]

An Act in further addition to an Act to regulate the Fisheries in the Vicinity of Nan-
tucket.

1858, 95. Be it enacted, etc., as foUoios: Sect. 1. The pro-
visions of the sixth chapter of the acts of eighteen hundred and
fift}-, and of the one hundred and fifty-sixth chapter of the acts of
eighteen hundred and fifty-five, are hereby extended and shall apply
to the taking of fish with any kind of net by any person or persons
within the limits prescribed in the act first above mentioned. — [March

26, 1858.

[1870, 284.]

[Sp. Laws, vol. 2, pp. 222, 289 ; 1825, 63 ; 1851, 98.]
Ax Act to protect the Herring Fisheries in the Town of Falmouth.

1858, 130. Be it enacted, etc., asfoUoivs: Sect. 1. No person
shall set down or stretch an}' seine or drag-net of any kind within a
half mile from the mouth or outlet of any river or stream running
from any pond in Falmouth into the sea, or Vineyard Sound, between
Nobsque Point and Waquoit Harbor, from the twentieth day of
March to the twentieth daj^ of September inclusive, in each year.

Sect. 2. Any person violating any of the provisions of this act
shall be liable to a fine not exceeding one hundred dollars for each
oflfence.

Sect. 3. All fines and penalties for violating an}- provision of
this act, with costs, may be sued for and recovered in any court
competent to try the same, on the complaint of any inhabitant of
said town of Falmouth, one half thereof to accrue to the complain-
ant and the other half to the Commonwealth. ^

Sect. 4. All acts and parts of acts inconsistent with this act,
are hereby' repealed. — [March 27, 1858.

1859.

[1837, 195.]
An Act in addition to an Act to regulate the Fishery in Newbury.

1859, 54. Be it enacted, etc., as follows: The third section of
the one hundred and ninety-fifth chapter of the acts of the year eigh-
teen hundred and thirty-seven, is hereby amended b}' striking out the
words "five dollars" and inserting in place thereof the words "one
dollar for each fish so taken." — [February 19, 1859.

[Sp. Laws, vol. 1, p. 326.]
An Act regulating the Herring Fishery in Indian Head River.

1859, 90. Be it enacted, etc., as folloivs: All the rights, duties,
benefits and privileges conferred or imposed upon the towns of Pem-

284 LAWS RELATING TO

broke and Hanover, or either of them, by the act entitled "An Act
for regulating the taking the fish called alewives in their passage up
Indian Head River, so called, between the towns of Pembroke and
Hanover, in the county of Plymouth, into a pond in said town of
Pembroke known by the name of Indian Head Pond," passed Feb-
ruary twenty-second, in the year one thousand seven hundred and
ninety-two, are herebj^ conferred and imposed upon the towns of
Hanson and Hanover, in said county of Pl^-mouth. — [March 7,
1859.

[1849, 36 ; 1853, 186.]
An Act relating to the Trout Fisher)' in Marshpee River.

1859, 105. Be it enacted, etc., as follows: Sect. 1. The first
section of the thirty-sixth chapter of the acts of the year one thou-
sand eight hundred and fort3'-nine is hereby so amended that no
person shall take any trout in Marshpee River from the fifteenth day
of September in each year to the twentieth day of March in the year
next ensuing.

Sect. 2. The fifth section of chapter one hundred and eighty-six
of the acts of the 3'ear one thousand eight hundred and fift3'-three is
hereby so amended that the selectmen of the district of Marshpee may
lease or dispose of the trout or herring fisher}'^ in said district, accord-
ing to the provisions of said section, for terms of time not exceeding
twenty years in any' one lease. — [March 17, 1859.

[I860, 46.]

[1857, 30.]
An Act to amend an Act relating to the Fisheries.

1859, 106. Be it enacted^ etc., as follows: Sect. 1. The first
section of the thirtieth chapter of the acts of the 3-ear eighteen hun-
dred and fift3'-seven, is hereb3' amended 1)3' striking out all after the
word "provided," in said section, and inserting the following: That
the provisions of this act shall not extend to an3' town unless such
town, at a legal meeting, shall adopt the same. — [March 17, 1859.

1860.

[1839, 102 ; 1856, 214.]
An Act to protect the Fishery in Marshpee.

1860, 46. Be it enacted, etc., as folloios: Sect. 1. No person
shall take an3^ trout in Marshpee River, extending to and including
all the waters into which said river empties from the westerl3' side as
far as the water flows, to a line drawn due east and west across the
northerly' end of Poppenessett Island, so called ; thence on the same
line east to the centre of the channel which forms the line of division
between Barnstable and Marshpee ; thence b3' said line of division

INLAND FISHERIES. 285

northeii}' till it meets a line drawn due east from the mouth of Quaw-
ker's River, so called ; thence west to the mouth of said Quawker's
River, and thence by the shore to the said Marshpee River, from the
fifteenth da}' of September in each year to the twentieth day of March
in the year next ensuing.

Sect. 2. No person except the proprietors of said district, shall
take any trout in said river and the waters aforesaid, described in the
first section, at any time, without a written permit from the treasurer
of Marshpee, which shall specify the time when and the places where
thfe person holding the same is allowed to fish. And no person shall
at an}' time use any other means of taking trout in said river and
waters described as aforesaid, than by angling with hooks and lines.

Sect. 3. The said district may, by vote in legal meeting, make
any regulations or by-laws respecting said fishery not repugnant to
the provisions of this act ; and the income from said fisher}' shall inure
wholly to said district.

Sect. 4. Any person offending against the provisions of this act,
or any regulations or by-laws passed by authority of the third section
of this act, shall forfeit and pay a fine of twenty dollars for each and
every offence, to be recovered by prosecution before any trial justice
in the county of Barnstable, to the benefit of said district.

Sect. 5. Any person who shall have in his possession any trout,
knowing the same to have been taken from said river contrarv to the
provisions of this act, shall forfeit the sum of fifty cents for every
trout so found in his possession.

Sect. 6. If any minor shall offend against the provisions of this
act, the parent, master or guardian of such minor shall be liable, and
may be prosecuted accordingly therefor.

Sect. 7. The said district, at any regular meeting, with notice in
the warrant that the subject will be acted on, may authorize the
selectmen of said district to lease or dispose of the trout or herring
fishery belonging to said district, from time to time, for terms of time
not exceeding twenty years in any one lease, the proceeds to go into
the treasury for the benefit of the district ; and they may elect and
appoint two or more fish-wardens to protect said fishery. All prose-
cutions under this act shall be commenced within one year from the
time when the offence is committed

Sect. 8. The thirty-sixth chapter of the year eighteen hundred and
forty-nine, and the fifth section of chapter one hundred and eighty-six
of the year eighteen hundred and fifty-three, and chapter one hundred
and five of the year eighteen hundred and fifty-nine are hereby re-
pealed.

Sect. 9. This act shall take effect from and after the first day of
March next. — [February 24, 1860.

n864, 150.]

286 LAWS RELATING TO

An Act to incorporate the Assonet Fishing Company,

1860, 82. Be it enacted, etc., as follows: Sect. 1. Gilbert Wins-
low, John D. Wilson and John Crane of Freetown, their associates
and successors, are hereby made a corporation by the name of the
Assonet Fishing Company, for the purpose of introducing, cultivating
and catching herrings or alewives in the Assonet River and Bay, so
called, and the several ponds connected therewith ; and they are
hereby empowered to alter such dams and construct such race-ways
and adopt and carr}^ out such other measures as may be necessary to
secure the aforesaid purpose, subject to all the duties, restrictions and
liabilities set forth in the forty-fourth chapter of the Revised Statutes,
and the sixt^'-eighth chapter of the General Statutes.

Sect. 2. If any person, without the permission of said corpora-
tion, shall take, catch or haul on shore any herrings in said river, bay
or ponds, he shall forfeit and pay for the use of said corporation, a
sum not exceeding three dollars, if the quantity so taken be less than
one barrel ; but if the quantity be more than one barrel, the person
so offending shall forfeit and pay for each barrel of fish so taken, the
sum of five dollars, to be recovered in any court proper to try the
same.

Sect. 3. If any damage shall be done by said corporation to the
property of any individual not a member of the corporation, such
individual shall be entitled to recover reasonable damage, to be esti-
mated in the same manner as damages occasioned by the laying out
of highways.

Sect. 4. Nothing herein contained shall authorize said company
to take or use the private property of any person without his consent,
or deprive any inhabitant of the town of Freetown of any privilege
which he now has of taking any kind of fish, excepting herring, from
said river, ba}^ or ponds.

Sect. 5. This act shall take effect from and after its passage. —
[March 17, 1860.

[1813,147; 1838,19; 1844,65; 1853,377.]
An Act to regulate the Fishery in the Agawam and Half-way Pond Rivers.
1860, 89. Be it enacted, etc., as follows: Sect. 1. The town of
Plymouth at its annual meeting in the month of March or April, and
the town of Wareham at its annual meeting in the month of Novem-
ber, of each year, shall choose, by ballot, a committee of not more
than three persons each, who shall be sworn to the faithful discharge
of their duties, in the manner of other town officers ; which committee
shall, in the month of March, annually, after a public notice of at
least ten days, sell at public auction the privilege of taking the fish
called alewives and shad in the Agawam and Half-way Pond Rivers,

INLAND FISHERIES. 287

in the county of Plymouth, at such places, not exceeding two in said
towns, and on such days, not exceeding three in each week, as said
committee shall agree upon and publish in their notice of sale ; they
shall also express in said notice the manner of taking and disposing
of said fish, and the price at which the purchasers may sell them,
which price shall not exceed twenty-five cents per hundred for ale-
wives and four cents each for shad : provided, nevertheless, that said
committee ma}' fix upon one place in the town of Wareham and one
day in each week for taking shad, different from the place and day
of the week appointed for taking alewives.

Sect. 2. The committee of the town of Plymouth, the first year
after the passage of this act, and the committee of the town of Ware-
ham the second year, and so on alternately, forever, shall notif}^ the
town clerk of the other town concerned in said fishery, of the time
and place in which said committee shall meet, ten da3's at least before
the time of meeting ; and the members of the committee present at
the said meeting shall constitute a quorum for doing business.

Sect. 3. If either of said towns neglects to choose its committee
as aforesaid, or if the committee of either town neglects to give
notice, as above required, to the other, said town so neglecting shall
forfeit and pa}' to the use of the other which chooses such committee
or whose committee gives such notice, for each neglect, the sum of
one hundred dollars.

Sect. 4. All persons except the purchasers aforesaid or those
employed b}' them, who take an}' of said fish in said rivers or in any
pond or stream having communication therewith, between the first
day of April and the fifteenth day of June, both inclusive, in each
year, shall forfeit and pay not less than five dollars nor more than
fifty dollars for each and every oflTence.

Sect. 5. The owner or occupier of any dam on said rivers, shall
annually, between the fifteenth day of April and the fifteenth day of
June next following, for such term of time and in such manner as
said committee directs, open a sufficient passage for said fish through
said dam ; and on failure of opening such passage or of continuing
the same open as aforesaid, shall forfeit and pay the sum of one
hundred dollars ; and said committee may open such dam, when
neglected as aforesaid, at the expense of the proprietor thereof:
provided, no more damage is thereby done the owner than is neces-
sary to effect said purpose.

Sect. 6. If any person makes any weir or causes any obstruction
to the fi'ee passage of said fish up said rivers or makes use of any
seine to take said fish in said rivers or in any pond or stream com-
municating with the same in any other manner or at any other time or
place than such as may be approved and established by said commit-

288 LAWS RELATING TO

tee, between the fifteenth day of April and the fifteenth day of June
as aforesaid, he shall forfeit and pay not less than five dollars nor
more than fifty dollars for each and every offence ; and said commit-
tee shall remove such weir or obstruction at the expense of the person
causing the same, and also seize to the use and disposal of said towns
anj' seine vised as aforesaid, and make complaint to the town treas-
urer of eitlier of the towns aforesaid, of any violation of this act
that shall come to their knowledge.

Sect. 7. The treasurers of the aforesaid towns respectivel}- shall,
upon the complaint of any member of the committees aforesaid, sue
for the recovery of any forfeitures incurred by a breach of any of the
regulations provided in this act, and of an}' such further regulations
as may be provided and established by said committees in conformity
to this act ; and all fines and forfeitures recovered for any breaches
aforesaid, except such as are provided in the third section of this act,
shall, together with the proceeds of said fishery, be equally divided
between said towns ; and all the expenses attending said suits shall
in like manner be equally borne by them. And the treasurers afore-
said respectively shall, in behalf of their respective towns, recover
by an action on the case of any person or corporation withholding
the same, one-half part thereof, in any court proper to try said
action.

Sect. 8. The purchasers of the privileges of taking said fish shall
in all respects conform themselves to such regulations and conditions
as said committees shall publish as aforesaid ; and on failure thereof
shall forfeit and pay for each offence a sum not less than five dollars
nor more than fifty dollars to be recovered in any court of proper
jurisdiction.

Sect. 9. Any member of the committees aforesaid may be admit-
ted as a competent witness in any prosecution for a breach of any
regulation as aforesaid.

Sect. 10. The committee chosen in said town of Plymouth either
in the months of March or April last, and the committee chosen by
said town of Wareham in the month of November last, for the regu-
lating the taking of alewives in said rivers, agreeably to the provisions
of the act then existing for that purpose, shall perform all the duties
for the present 3^ear that are required of committees hereafter to be
chosen under the provisions of this act ; and they, as also committees
hereafter chosen for the purposes contemplated by this act, shall
receive out of the proceeds of said fishery, one dollar and twenty-five
cents each for every day's service they may be actually engaged in per-
forming the duties herein required of them.

Sect. U. All acts and parts of acts inconsistent with the provi-
sions of this act are hereby repealed. — [March 20, 1860.

[1863, 117.]

INLAND FISHERIES. 289

An Act to incorporate the Nine Mile Pond Fishing Company.

1860,91. Beit enacted, etc.. as follows: Sect. 1. Nelson Scudder,
Daniel Scudder, Walter Chipman, Elijah Sears, their associates and
successors, are hereby made a coi'poration by the name of the Nine
Mile Pond Fishing Company, for the purpose of opening a canal
or outlet from Nine Mile Pond in Barnstable, and from Long Pond to
tide-water, and maintaining the same ; and for that purpose are
empowered to open such canal or outlet, and to continue the same in
such manner as to said corporation shall seem fit and proper ; and
they shall liave all the powers and privileges and be subject to all the
duties, liabilities and restrictions set forth in the forty-fourth chapter
of the Revised Statutes and the sixty-eighth chapter of the General
Statutes.

Sect. 2. Any herring fishery which may be created in the canal
or outlet or the ponds aforesaid, by opening the same, or which may
hereafter exist therein, shall be the property of said corporation ;
and if any person, without the permission of said corporation, shall
take, catch, kill or haul on shore any herrings in said canal or outlet
or in the ponds aforesaid, he shall forfeit and pay, for the upc of
said corporation, a sum not less than three dollars, if the quantity s >
taken, killed, caught or hauled on shore be less than one barrel ; but
if the quantity so taken, killed, caught or hauled on shore shall be
more than one barrel, he shall forfeit and pa}- for each barrel of
herring so taken, and for each fraction of a barrel, the sum of five
dollars, to be recovered by an action of tort in the name of said cor-
poration in any court of competent jurisdiction.

Sect. 3. Nothing herein contained shall authorize the said com-
pany to take or use the private property of any person without his
consent ; and any proprietor of lands adjoining said canal or outlet
may become a member of said corporation if application be made
therefor within six months from the time of the organization of said
company under this act, by paying a due proportion of all expenses
incurred by said corporation before the time of their admission.

Sect. 4. If any person not a member of said corporation sliall
receive damage in his lands or estate in consequence of the opening
of said canal or outlet, or in consequence of the draining of said
ponds or otherwise, and the parties in interest failing to adjust said
damages, the part}' aggrieved ma}' apply to the county commissioners
of the county of Barnstable, who are hereb}^ authorized to determine
and assess the same ; and either party may appeal from the decision
of said commissioners to the superior court of the county of Barn-
stable, and have a trial by jury in said court.

Sect. 5. The said corporation, for the purpose herein set forth,
and for maintaining and carrying on the fishery aforesaid, may hold

290 LAWS RELATING TO

real estate not exceeding two thousand dollars in value over and
above the right of fishery named in the second section of this act.

Sect. 6. The capital stock of said corporation shall be one thou-
sand dollars, represented by one hundred shares of ten dollars each,
with the right to increase the same to three thousand dollars, by vote
of said corporation.

Sect. 7. Nothing herein contained shall give the corporation
rights and privileges in an}' fishery now existing in said ponds, over
and above other citizens of the town of Barnstable ; and this act
shall be void unless approved by the town aforesaid, at a public town
meeting, by a majority of the voters present and voting thereon.

Sect. 8. This act shall take effect from its passage. — [March 20,
1860.

1861.

An Act to incorporate the Little Sipwissett Cranberry and Fishing Company in the

Town of Falmouth.

1861,74. Be it enacted, etc., as follows: Sect. 1. Barnabus Bower-
man, Silas Gifford and Prince G. Moore, their associates and succes-
sors, are hereby made a corporation by the name of the Little Sipwissett
Cranberry and Fishing Company, for the purpose of improving and
regulating the Little Sipwissett Meadow in the town of Falmouth, by
flowing and draining said meadow as the company shall deem best
for the culture of cranberries, and also for the purpose of regulating
and protecting the alewive fishery in a pond in said meadow, and in
the river leading from said pond to Buzzard's Bay.

Sect. 2. Said compan}' shall have all the powers and privileges,
and be subject to all the duties, restrictions and liabilities set forth in
the sixty-eighth chapter of the General Statutes.

Sect. 3. Whoever shall obstruct the passage of alewives between
said pond and ba}', in either direction, or, without the permission of
said corporation, shall take any alewives from said pond or river, or
shall set, drag or shoot any seine in Buzzard's Bay, within fifty rods
of the mouth of said river, for the purpose of taking alewives there-
from, shall forfeit a sum not exceeding twenty dollars, which shall
inure to the benefit of the company.

Sect. 4. This act shall take eflTect upon its passage. — [March
15, 1861.

[1815, 154.]
An Act for the regulation of the Fisheries in the Town of Winchester.

1861, 157. Be it enacted, etc., as follows: Sect. 1. The pro-
visions of the act passed on the sixteenth day of February in the year
of our Lord one thousand seven hundred and eighty-nine, entitled
" An Act to prevent the destruction of the fish called shad and ale-

INLAND FISHERIES. 291

wives in Mystic River, so called, within the towns of Cambridge,
Charlestown and Medford, and for repealing all laws heretofore made
for that purpose," and also the provisions of the act passed on the
second daj of February in the year of our Lord one thousand eight
hundred and sixteen, entitled " An Act for the regulation of the
fisherj' in Woburn," shall extend to the town of Winchester in the
county of Middlesex, and to all the streams therein running from any
of the ponds or other waters there into Mystic Pond, so called.

Sect. 2. " The committee for the preservation of fish," in the
town of Winchester, raaj' be elected either in the month of March or
April, annually, and they shall be invested with all the powers and
authorit}' conferred by the acts aforesaid on the committees of the
several towns therein mentioned.

Sect. 3. Nothing in this act shall be construed to repeal, modify
or affect any of the provisions of the act entitled " An Act to supply
the city of Charlestown with pure water," approved March twenty-
eight, one thousand eight hundred and sixt3'-one.

Sect. 4. This act shall take effect upon its passage. — [April 9,

1861.

[1864, 234.]

1862.

[1857, 87.]
An Act to prohibit Seining near the Outlet of Lagoon Pond in Dukes County.

1861, 47. Be it enacted, etc., as follows : Sect. 1. No person
shall set, draw or use any seine for taking fish, within fifty rods of
the dike, creek or outlet of Lagoon Pond, in Dukes Count}', without
first obtaining permission to do so from the Lagoon Pond' Company
in Dukes County.

Sect. 2. Any person violating this act shall, on conviction, pay a
fine of twenty dollars, to be recovered before any court competent
to try the same, for the use of said company.

Sect. 3. This act shall take effect upon its passage. — [February
28, 1862.

An Act for the protection of Trout in Maple Spring Pond, in the Town of Wai-eham.

1862, 58. Be it enacted, etc., as follows: Sect. 1. No person
shall take any trout in Maple Spring Pond in the town of Wareham,
or in the waters running into or flowing therefrom, from the fifteenth
day of September in each year, to the fifteenth day of April in the
year next ensuing ; nor shall an}^ person take any trout therefrom
except by hooks and lines, nor without permission of the proprietor
or proprietors.

Sect. 2. Any person offending against the pro\dsions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be

292 LAWS RELATING TO

recovered by prosecution before any trial justice in the count}'' of
Plymouth. — [March 6, 1862.

[1868, no.]

An Act for the protection of Trout in Nye's Pond in the Town of Sandwich.

1862,94. Be it enacted, etc., as follows: Sect. 1. No person
shall take an}- trout in Nye's Pond in Sandwich or the stream running
therefrom to Jeremy's Creek, so called, from the first day of August
in each year to the first day of April in the year next ensuing ; nor
shall an}^ person take an}'' trout therefrom except b}'^ hook and line ;
nor shall an}" person enter upon the land bordering upon said pond
or stream, at any season of the year, for the purpose of taking trout,
without the written permission of the proprietors.

Sect. 2. Any person offending against the provisions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be
recovered by prosecution before any trial justice in the county of
Barnstable. — [March 27, 1862.

An Act for the protection of Fish in Little Quitticus Pond in the Towns of Lalceville

and Rochester.
[Sp. Laws, vol. 2, p. 516.]

1862, 202. Be it enacted, etc., as follows: Whoever takes or
catches any fish in Little Quitticus Pond, so called, lying in the towns
of Lakeville and Rochester and county of Plymouth, for a term of
six years after the passage of this act, shall forfeit one dollar for
every fish so taken. — [April 30, 1862.

1863.

[Sp. Laws, vol. 1, p. 422; 1855, 401.]
An Act concerning the Fisheries in Taunton Great River.

1863, 73. Be it enacted, etc., as follows : Sect. 1. The pro-
visions of chapter four hundred and one of the acts of the year eigh-
teen hundred fifty-five, relating to the catching of shad and alewives
in Taunton Great River and the Newmasket River, are hereby ex-
tended to all waters connected with the Newmasket River, within the
towns of Middleborough and Lakeville.

Sect. 2. It shall be the duty of the fish-wardens chosen by the
town of Middleborough, under the provisions of chapter four hundred
and one, section nine of the acts of the year eighteen hundred and
fifty-five, either personally or by the assistants by them appointed
and employed, to use all needful care, watch and inspection to pre-
vent any violation of any of the provisions of said act, from a point
one mile and a half below the dam at Squawbetty Village up to the
waters of Assawampscott Poud ; the expense of which care, watch
and inspection shall be paid by said town of Middleborough ; and

INLAND FISHERIES. 293

the other towns on said Taunton Great River shall annually pay to
said town of Middleborough, for reimbursement for their share in the
benefits to be derived b}' them for said care, watch and inspection,
the sums following : the city of Fall River and the town of Free-
town, ten dollars each; the towns of Somerset, Dighton, Berkle}'
and Raynham, twenty dollars each ; and the town of Taunton, thirty
dollars. And the said town of Middleborough may recover the same
in an action of contract, in any court of competent jurisdiction.

Sect. 3. Any person who shall beat upon the ground, or do any
act whatsoever whereby said fish in said rivers shall be disturbed,
driven, destroyed or delayed, from the first day of March to the tenth
day of June in each year, contrarj- to the meaning and intent of the
provisions of chapter four hundred and one of the acts of the year
one thousand eight hundred and fifty-five, shall be entitled to all the
pains and penalties named in the eleventh section of this act.

Sect. 4. This act shall take effect upon its passage. — [March 12,
1863.

An Act to incorporate the East Falmouth Herring River Company in Falmouth.

1863, 81. Be it enacted, etc., as follows: Sect. 1. Henry F.
Hatch, Benjamin H. Hatch, Robert H. Hatch and Isaac H. Hatch,
their associates and successors, are hereby made a corporation by the
name of the East Falmouth Herring River Company in Falmouth,
and are empowered to open a brook or ditch through their own land
from Ashuinet Pond to Bourne's Pond, so called, and from thence to
the Vine3^ard Sound, with full powers to regulate the same so far as
is necessary- for an alewive fishery ; and for this purpose said corpo-
ration shall have all the powers and privileges, and be subiect to all
the duties, restrictions and liabilities set forth in the sixty-eighth
chapter of the General Statutes.

Sect. 2. Whoever, without the permission of said corporation,
shall take any alewives from said brook or river shall forfeit and pa}'^
a fine of five dollars, to be recovered before any court proper to try
the same.

Sect. 3. All persons who may be owners of land through which
said brook passes or which adjoins the same, may become members
of said corporation ; subject, however, to pa}' their proportional part
of the expenses which shall have been incurred by said corporation
before the time of their admission.

Sect. 4. If an}' damage shall be done b}' said corporation to the
propert}' of any person not a member thereof, such individual shall
have an action of tort for the injuries. And the members of said
corporation shall be jointly and severally individually liable for such
damage in an action of tort, in an}' court having jurisdiction of the

294 LAWS RELATING TO

case ; and any member of said corporation of whom such damage has
been collected, may have an action of contract against his co-members
for contributions.

Sect. 5. If said brook crosses the highway where no bridge now
exists, said corporation shall build a bridge over the same to the
acceptance of the selectmen of the town of Falmouth, and be held to
keep the same in repair.

Sect. 6. Nothing herein contained shall authorize said corporation
to take or use the property of any person without his written con-
sent.

Sect. 7. This act shall take effect upon its passage. — [March 12,
1863.

An Act for the protection of Pickerel in Clapp's Pond.

1863,89. Be it enacted, etc., asfolloios: Sect. 1. Richard C.
Hartford, his heirs and assigns, are hereby entitled to the exclusive
right to take pickerel from Clapp's Pond, so called, in the town of
Provincetown, for the term of ten years from the passage of this act :
provided, the consent of the owners of said pond be first obtained.

Sect. 2. Any person taking pickerel from said pond contrary to
the provisions of this act, shall, on conviction in any court having
jurisdiction of the offence, be fined not exceeding one dollar, to the
use of the Commonwealth. — [March 14, 1863.

[1813, 147 ; 1838, 19 ; 1844, 65 ; 1853, 377 ; I860, 89.]

An Act in addition to an Act to regulate the Fishery in Agawam and Half-way Pond

Rivers.

1863, 117. Be it enacted^ etc., as follows : Sect. 1. The committees
annually chosen by the towns of Plymouth and Wareham, under the
provisions of the eighty-ninth chapter of the acts of the year eighteen
hundred and sixty, shall have a general superintendence and control
of the alewive and shad fishery in the Agawam and Half-way Pond
Rivers, and in any pond or stream communicating therewith, through-
out the entire year for which the}^ are elected, and until other com-
mittees are chosen and qualified in their stead.

Sect. 2. All persons, excepting those who may be engaged with
their agents in taking said fish under the license of said committees,
within the times limited b}' said committee, who shall take any of the
fish called alewives or shad in any stage of their growth, at Kwy time
of the 3'ear, in either of said rivers or in a.nj pond or stream commu-
nicating therewith, shall forfeit and pay not less than five nor more
than fifty dollars for each and every offence, to be recovered in the
same manner and to the use of said towns, as is provided in the
seventh section of the act herein first before referred to.

INLAND FISHERIES. 295

Sect. 3, All acts and parts of acts inconsistent with the provis-
ions of this act, are hereby repealed.

Sect. 4. This act shall take effect upon its passage. — [March 28,
1863.

1864.

[Sp. Laws, V. 1, p. 269.]
An Act to protect the Shad Fishery in the Connecticut River.

1864, 62. Be it enacted, etc., as follows: Sect. 1. No person
shall set, draw or sweep any seine or net the meshes of which are
less than two and one-fourth inches square when new and dry, for the
purpose of catching shad or anj^ other fish in that part of the Connecti-
cut River which is within the limits of this Commonwealth, and below
the dam across said river at Holyoke, between the first day of May
and the fifteenth day of July during each year.

Sect. 2. Every person violating the provisions of the preceding
section shall be liable to a fine of not less than ten nor more than
fifty dollars for each offence, to be recovered in any court competent
to try the same ; one half of said fine to enure to the use of the town
in which the offence shall be committed, and the other half to the per-
son who shall prosecute therefor.

Sect. 3. This act shall take effect upon its passage. — [March 2,

•1864.

[1868, 130 ; 1869, 76, 384, 422 ; 1870, 369.]

[1856,214; 1860,46.]
An Act to protect the Trout Fishery in Marshpee.

1864, 150. Be it enacted, etc., as follows: Sect. 1. No person
shall take anj^ trout in Quashnet River in the district of Marshpee,
from the fifteenth day of September in each year, to the twentieth da}'^
of March in the year next ensuing. '

Sect. 2. No person except the proprietor of said district shall
take any trout in said river without a written permit from the treasurer
of Marshpee, which shall specify the time when and the place where
the person holding the same is allowed to fish ; and no person shall at
any time use an}^ other means of taking trout in said river than by
angling with hook and line.

Sect. 3. The said district may, by vote in legal meeting, with
notice in warrant to that effect, make any regulations or by-laws re-
specting said fisheiy not repugnant to the provisions of this act ; and
the income from said fishery shall inure wholly to said district.

Sect. 4. Any person offending against the provisions of this act
or any regulations or by-laws passed by authority- of the third section
of this act, shall forfeit and pay a fine of twenty dollars for each

296 LAWS RELATING TO

offence, to be recovered by prosecution before any trial justice for the
county of Barnstable, for the benefit of said district.

Sect. 5. Any person who shall receive any trout knowing the
same to have been taken from said river contrary to the provisions of
this act, shall forfeit the sum of fifty cents for every trout so received.

Sect. 6. Said district, at any regular meeting, with notice in the
warrant to that effect, may elect and appoint two or more fish- wardens
to protect said fishery. All prosecutions under this act shall be com-
menced within one year from the time when the offence is committed.

Sect. 7. This act shall take effect upon the first day of May
next.— [April 13, 1864.

[Sp. Laws, vol. 1, pp. 238, 512; vol. 3, p. 98. 1815, 54; 1820, 67; 1861, 157.]
An Act in relation to Fisheries in the Town of Winchester.

1864, 234. Be it enacted, etc., as follows : Sect. 1. All acts
heretofore passed for the preservation of fish and the regulation of
fisheries in the Mystic River, shall extend to the town of Winchester,
and to all the ponds and streams therein ; and the committee for the
preservation of fish in said town shall have full powers to remove all
obstructions to the passage of fish therein, during the time fixed by
law for the free passage of fish.

Sect. 2. Nothing in this act shall be construed to affect any of
the provisions of the act entitled " An Act for supplying the city of
Charlestown with pure water," approved March twenty-eighth, in the
3^ear eighteen hundred and sixty-one.

Sect. 3. This act shall take effect upon its passage. — [May 12,
1864.

[1865, 219 ; 1867, 149.]

An Act to regulate Seining in the Harbor of Mattapoisett.
1864, 259. Be it enacted, etc., as follows: No person shall set,
draw or use any seine or net in the harbor of Mattapoisett or the
waters flowing into said harbor, within a line drawn from Strawberry
Point, on the easterly side of said harbor, to the most southerly
point of Mattapoisett Neck, on the westerly side of said harbor,
without the permission of the selectmen of Mattapoisett ; and any
person offending against the provisions of this act shall forfeit and
pay the sum of twentj' dollars for each offence, to be recovered by
complaint before any trial justice, for the use of the complainant. —
[May 13, 1864.

[1865, 183.]

.. s

An Act to restrict the Seining of Fish in the Harbor of Marion.
1864, 273. Be it enacted, etc., as follows: Sect. 1. No person
hall set, draw or use any seine or net for taking fish in the harbor

INLAND FISHERIES. 297

of Marion or in the streams running into said liarbor, within a line
drawn from Charles Neck Point, on the westerly- side of said harbor,
to Great Neck Point, on the easterly side of said harbor, without the
permission of the selectmen of Marion.

Sect. 2. Any person violating this act shall, on conviction, pay
a fine of not less than twenty nor more than fifty dollars, to be re-
covered before any court competent to try the same, for the use of
said town.

Sect. 3. This act shall take effect upon its passage. — [May 13,
1864.

1865.

[Sp.Laws, vol. 1, p. 269; 1814,128; 1848,116; 1852,66; 1853,350; 1856,83.]
An Act relating to the Alewive Fishery in Barker's River.

186.5,47. Be it enacted, etc., as follows: Sect. 1. The select-
men or any committee for the time being, of the town of Pembroke,
having in charge the regulation of the alewive fishery in Barker's
River in said town, may, at their discretion, close the passage-ways
above the weir upon said river for the passage of alewives to the
Indian Ponds, so called, in Pembroke, and may take any other meas-
ures which the}^ may deem necessary and which are not prejudicial
to the rights of mill-owners, to obstruct and effectually prevent the
passage of alewives above said weir : provided, that said selectmen
or committee shall from the first running of alewives after the tenth
day of April in each year, take and deposit, alive and in good con-
dition, in said Indian Ponds, not less than two thousand alewives, so
they ma}' cast their spawn in said ponds.

Sect. 2. Alewives coming to said river after the number of two
thousand shall have been deposited in said ponds as herein before
required, may be taken on any secular day of the week and at any
hour of the day, and disposed of under the direction of said selectmen
or committee in the manner now provided by law.

Sect. 3. The mill-owners upon said weirs shall not be liable to
any of the penalties now provided by law for not opening a passage-
way for alewives around or through their respective dams while said
passage-ways are closed by order as aforesaid ; and nothing in this
act shall be so construed as to abridge or impair the rights which any
officers of said town now have by law to regulate the flow of water
in said river.

Sect. 4. All acts and parts of acts inconsistent with this act are
hereby repealed. — [February 27, 1865.

298 LAWS RELATING TO

An Act to authorize the Town of Plymouth to establish Herring Fisheries in Eel

River and Town Brook.

1865, 58. Be it enacted, etc., as follows: Sect. 1. The inhab-
itants of the town of Plymouth are hereby authorized to establish
fisheries for herrings in the streams of said town known by the names
of Eel River and Town Brook, and to locate weirs for taking herrings
in said streams.

Sect. 2. The inhabitants of said town are further authorized to
grant, for a period not exceeding twelve years from the passage of
this act, the powers conferred by the same to such person or persons
as the^' maj' in town meeting elect.

Sect. 3. At the expiration of the period of such grant, the fish-
eries in said streams shall be sold annually, under the direction of the
selectmen of said town, and the proceeds paid into the treasury of
said town.

Sect. 4. Any person interfering with said fisheries, disturbing
the weirs located by authoritj' of said town, or taking any herring in
said streams except by such authority, shall be punished b}" a fine not
exceeding ten dollars for such offence.

Sect. 5. No right is given b}^ this act to the inhabitants of the
said town of Pl3'mouth to molest or disturb or in any manner inter-
fere with any dams upon said streams, or private property upon the
borders of said streams, without the consent of the owner or owners
thereof.

Sect. 6. This act shall take effect upon its passage. — [March 6,
1865.

[Sp. Laws, vol. I, p. 200 ; 1836, 56.]

An Act concerning the Alewive Fishery in the Town of Wellfleet.

1865, 85. Be it enacted, etc., as folloivs: The selectmen of the

town of Wellfleet may, at the annual town meeting, sell the right to

take alewives within the limits of said town, for any number of j-ears

not exceeding ten. — [March 16, 1865.

[Sp. Laws, vol. 1, p. 290.]

An Act to regulate the Herring or Alewive Fishery in Barlow's Pond and the Waters

connected therewith in Mattapoisett.

1865,183. Be it enacted, etc., as follows: Sect. 1. The town
of Mattapoisett is hereb}^ authorized lo make the necessary improve-
ments for the preservation and taking of herrings or alewives in
Barlow's Pond and the waters connected therewith, and the outlet
therefrom to the sea, and to do all acts necessary for the purpose of
protecting and regulating a herring or alewive fishery in said waters.

Sect. 2. The inhabitants of said town ma}', at anj' legal meeting
called for that purpose, make such by-laws, with penalties for viola-

INLAND FISHERIES. 299

tion of the same, and such rules and regulations as they may deem
necessary for the preservation and protection of said fisher}^ and for
the taking and disposal of said fish : provided, such by-laws are not
inconsistent with the laws of this Commonwealth.

Sect. 3. The selectmen shall annually post up the regulations so
established in two or more public places in said town, within ten da^^s
after their passage.

Sect. 4. If any person shall take any of said fish in any of the
waters aforesaid at a time or in a manner other than shall be allowed
by said town, such person shall for each offence, on conviction thereof,
pay a fine not exceeding twenty dollars.

Sect. 5. The said town of Mattapoisett shall be liable to pay all
damages that shall be sustained by any person in their property by
the taking of any lands or by the construction of any dams, sluice-
ways or other works or by flowage for the purpose of carrying this
act into effect ; and if any person sustaining damage as aforesaid,
shall not agree with the selectmen of the town upon the damage to
be paid therefor, the superior court holden within and for the county
of Plymouth shall, upon the petition of such person, appoint three
competent and disinterested persons to hear and award thereon ; and
their award or that of any two of them, being accepted b}^ said court,
shall be final : provided, that said petition shall be filed in the office of
the clerk of said court within three years after such damage shall have
been sustained, and not afterwards. Such person, if he shall so elect,
may have his damages assessed and paid in the manner provided by
law with respect to land taken for highway.

Sect. 6. If at any time it shall be apparent that the establishment
of the herring fishery herein provided for shall have sensibly dimin-
ished the catch of herrings at the weirs upon Hammond's River, in
said Mattapoisett and in Rochester, then such equitable indemnity
shall be rendered to the owners of said Hammond's River fisher}^ in
fish or otherwise, as the legislature shall determine.

Sect. 7. This act shall take effect upon its passage. — [May 1,
1865.

[1856, 176.]

An Act relating to the taking of Menhaden in the Waters of Buzzard's Bay and Vine-
yard Sound.

1865, 212. Be it enacted, etc., as folloins: Sect. 1. From and
after the passage of this act, it shall be lawful for any person to take
menhaden by the use of the purse seine, so called, in the waters of Buz-
zard's Bay or of Vineyard Sound, or the waters of an}- baj's, inlets or
rivers bordering on or flowing into the same : provided, that no
authority shall be hei'eby given to use any such seine at the mouth of

300 LAWS RELATING TO

any river where there now is or where there maj' hereafter be a herring
fishery established by law, until after the fifteenth day of June in each
year ; and provided^ further, that no authority shall be hereby given
to use anj' seine in the waters around Nantucket or the islands
belonging thereto. — [May 9, 1865.

[1870, 249.]

[8p. Laws, vol. 1, pp. 238, 512; vol. 3, p. 98; 1815, 54; 1820, 67; 1861, 157; 1864, 234.]
An Act for the protection of Alewives and other Fish in Mystic River.

1865, 219. Be it enacted, etc., as follows: Sect. 1. No fish
shall be taken within fift}' rods of an}' fish-way now existing or here-
after to be constructed over or at any dam in the towns of Medford,
"West Cambridge and Winchester, between the first da}' of April and
the fifteenth day of June.

Sect. 2. An}' person violating the provisions of this act shall be
liable to a penalty of fifty cents for each and every fish so taken.

Sect. 3. All prosecutions under this act shall be commenced
within thirty days from the time of the commission of the offence.

Sect. 4. This act shall take effect upon its passage. — [May 10
1865.

[1867,149; 1868,128.]

An Act for the better Observance of the Lord's Day.
1865, 253. Sect. 2, Whoever attempts to take or catch any
fish on the Lord's Day, by using any hook, line, net, spear or other
implement, on any of the waters within this Commonwealth, shall,
upon conviction thereof, be punished by a fine not exceeding ten
dollars.

Sect. 3. All prosecutions under this act shall be instituted within
thirty days from the time the offence is committed. — [May 6, 1865.

[P. S. 98, ^S^ 10, 11.]

[Sp. Laws, vol. 1, pp. 272, 296.]

Resolves concerning the Obstructions to the passage of Fish in the Connecticut and

Merrimack Rivers.

1865, Res. 45. Resolved, That his excellency the governor, by
and with the advice and consent of the council, is authorized to
appoint two commissioners, whose duty it shall be to cause observa-
tions to be made, during the months of May and June, of the height
of the water upon the crests of the dams at Lowell, Lawrence and
Holyoke, the heights of the flash-boards upon said dams, respectively,
the right of the owners to maintain such flash-boards, and if they are
uniformly maintained thereon during said months : also to ascertain
the extent and degree of the discoloration of the water of said rivers
below said dams caused by the discharge of dyestuffs and other
noxious matter therein from the manufactories, and the effects of such

INLAND FISHERIES. 301

matter upon the water and the fish inhabiting the same ; and, further,
to make inquiries and ascertain the best mode of constructing fish-
ways over said dams, the expense of the same, and such farther
facts touching fish-waj's and their usefulness in aiding the passage of
fish over obstructions as such commissioners ma}^ deem useful or
expedient.

Resolved, That said commissioners communicate with such com-
missioners as may be appointed by the states of New Hampshire and
Vermont, upon the subject embraced in these resolutions ; ascertain
the legislation which has, from time to time, taken place in those
states concerning the erection of dams in either of said rivers, and
the height of said dams respectively; if fishways suitable for the
passage of shad and salmon exist in said dams or an}^ of them, and
if said states possess the right to maintain or cause to be maintained
suitable fish-ways for the passage of such fish up said rivers to their
sources, or to any and what extent. •

Resolved, That said commissioners ascertain, so far as practicable,
the supply of shad and salmon in said rivers previous to any obstruc-
tions being placed therein, when such supply began to fail and the
causes generally assigned for such failure, with such further informa-
tion touching the value of the fisheries and the habits of the fish as
may be attainable.

Resolved, That said commissioners make a report of their doings
to the governor and council on or before the first day of December
next.

Resolved, That the obligation of the Essex Company to rebuild a
fish-way in their dam on Merrimack River, in accordance with their
charter and the prescription of the connt}^ commissioners of Essex
county, be suspended until the first day of July, in the year one thou-
sand eight hundred and sixty-six.

Resolved, That his excellency- the governor be requested to transmit
a copy of these resolutions to the governors of the states of New
Hampshire and Vermont. — [May 3, 1865.

1866.

[Sp. Laws, vol. 1, p. 422; 1855, 401.]

An Act in addition to an Act to regulate the Fisheries in Taunton Great River and the

Newmasket River.

1866,54. Be it enacted, etc., as follows : Sect. 1. The city of
Taunton may hereafter sell its privileges of taking shad and alewives
in Taunton Great River under the direction of its city council, instead
of at a legal meeting to be held for that purpose, as required by the
second section of chapter four hundred and one of the acts of the
year eighteen hundred and fifty-five. — [March 2, 1866.

302 LAWS RELATING TO

An Act to incorporate the Nantucket Fishing Company.

1866, 109. Be it enacted, etc., as follows: Sect. 1. Matthew
Crosbj', Joseph B. Macy, Joseph C. Chase, their associates and suc-
cessors, are hereby made a corporation by the name of the Nantucket
Fishing Company, for the purpose of carr^-iug on a general fishing and
freighting business ; with all the rights and privileges, and subject to
all the duties, liabilities and restrictions set forth in all general laws
which now are or may hereafter be in force applicable to such cor-
porations.

Sect. 2. Said corporation may hold such real and personal estate
as may be necessar}- for the purpose aforesaid ; but the capital stock
of said company shall not exceed sixty thousand dollars, and shall be
divided into shares of fift}' dollars each.

Sect. 3. This act shall take effect upon its passage. — [March
26, 1866.

An Act to authorize Towns and Cities to establish Herring Fisheries.

1866,187. Be it enacted, etc., as follows : Sect. 1. The mayor
and aldermen of any city and the selectmen of any town in this
Commonwealth, are hereby empowered to authorize, in writing, any
three or more persons and their associates, to organize a corporation,
with a capital stock of not less than one thousand and not more than
five thousand dollars, for the purpose of opening outlets, canals or
ditches for the introduction and propagation of herrings and alewives
in the ponds, creeks and rivers within the limits of such town or city
as aforesaid ; and said corporation, when organized, shall have all the
powers and privileges, and be subject to all the duties, liabilities and
restrictions set forth in the sixty-first chapter of the General Statutes,
and in all general laws which now are or may hereafter be in force re-
lating to corporations.

Sect. 2. Such corporations may purchase and hold real estate
necessary for the purpose of opening outlets, canals, sluice-ways or
ditches for the passage of herring or alewives to and from said ponds
and other waters.

Sect. 3. Towns and cities in their corporate capacity, may open
ditches, sluice-ways or canals into any ponds within their limits, for
the introduction and propagation of herrings and alewives, and for the
creation of a fishery for the same ; and the land for opening such
ditches, sluice-ways or canals within such town or city, may be taken
under the provisions of the statutes which now regulate and limit the
taking of land for highways and other purposes.

Sect. 4. Any fishery so created by any town or city, shall be
deemed to be the property of such town or city, and such town or
city may make any proper regulations concerning the same, and may

INLAND FISHERIES. 303

lease such fishery for a period not exceeding five years, upon such
terms as may be agreed upon between such town or city and the
lessees of the same. And any town may lease for a like period and
upon like terms, any fishery now owned by such town, or any public
fishery which has heretofore been regulated and controlled b}' such
town.

Sect. 5. No person, without the permission of such town or city,
or of the lessees of such fisher}', in any fishery created by such town
or city, or in any fishery created by any corporation, without the per-
mission of said corporation, shall take, kill or haul on shore any
herrings or alewives in any fishery so created by any town, city or
corporation, for the introduction and propagation of herrings or ale-
wives.

Sect. 6. Whoever violates any of the provisions of the preceding
section, shall forfeit and pay a sum uot less than five nor more than
fift}' dollars for each offence, to be recovered by prosecution before any
court competent to try the same.

Sect. 7. All prosecutions under the preceding section shall be
instituted within thirty days from the time the offence was committed.

Sect. 8. Nothing contained in this act shall be held to impair the
rights of any person under any law heretofore passed, or to deprive
any person of any right under any contract now existing, or to author-
ize any town, city or corporation to enter upon or build an}* canals or
sluice-ways into any pond which is the private property of any indi-
vidual or corporation.

Sect. 9. This act shall take effect upon its passage. — [April

25, 1866.

[P. S. 91, ^^63-67.]

An Act concerning the Obstructions to the passage of Fisli in the Connecticnt and

Merrimack Rivers.

1866, 238. Be it enacted^ etc., as follows: Sect. 1. The gov-
ernor, by and with the advice and consent of the council, is hereb}'
authorized to appoint two persons to be commissioners of fisheries in
the Merrimack and Connecticut rivers, who shall hold said office for
the term of five years, unless sooner removed therefrom. And in case
of any vacanc}' in said board the governor shall have power to
fill the same.

Sect. 2. Said commissioners shall forthwith examine the several
dams on said rivers in this Commonwealth, and shall, after notice to
the owners of said dams, determine and define the mode and plan
upon which fish-ways shall be constructed suitable and sufficient, in
their opinion, to the free passage of salmon and shad up said rivers
during their accustomed seasons.

Sect. 3. It shall be the duty of the commissioners appointed

304 LAWS RELATING TO

under this act, when they shall have determined upon the method and
plan for such fish-wa3's, to submit a full and specific statement and
description of the same to any board of commissioners empowered to
act by the state of New Hampshire upon the same or similar subjects,
for their approval.

Sect. 4. If an}- plan so submitted shall be approved by the
said commissioners for the state of New Hampshire, the commis-
sioners under this act shall forthwith, upon such approval being
expressed, furnish a cop}"^ of the plan adopted for each dam to the
proprietors thereof, and^shall file a copy of each of such plans in the
office of the secretary of the Commonwealth ; with an affidavit of the
fact that the same has been furnished to said proprietors, which affi-
davit shall be full proof of the facts therein stated.

Sect. 5. If the several proprietors of said dams shall consent to
construct said fish-ways, according to the several plans adopted for
their respective dams, at their own expense, the commissioners under
this act may agree with the proprietors of the several dams so to do.
And when the same shall have been constructed within such reason-
able time as said commissioners shall prescribe, and according to said
plans, with such minor variations therein as said commissioners shall
approve, the said commissioners shall certify said construction to the
secretary of the Commonwealth, and the same shall, for the period of
five years from the passage of this act, be taken and deemed as in
lieu of the fish-wa^'s which said proprietors respectively are now
required by law to keep and maintain over, at or around the respec-
tive dams. But said proprietors respectively shall be required to keep
said fish-ways on their respective dams in good repair, and to main-
tain the same for the period of five years from the passage of this
act to the satisfaction of said commissioners ; and during the period
of said five 3'ears the liability of said proprietors respectively to build
and maintain the fish-ways now by law required of them shall be
suspended.

Sect. 6. When said fish- ways shall have been constructed as
aforesaid, the commissioners under this act shall prescribe in writing
the times when the same shall be kept open and unobstructed, with
power to change such times as they may deem judicious. And a
copy of such prescriptions shall be served on each of such proprietors,
and the certificate of said commissioners of the manner in which the
same have been served shall be full proof of the fact.

Sect. 7. If any proprietor of any dam shall refuse or neglect, for
the period of thirty days from the time said commissioners shall have
furnished said proprietor with the plan, as herein before provided, to
agree with said commissioners for the building at, over or around his
dam of the fish-way prescribed by the plan furnished such proprietor

INLAND FISHERIES. 305

by said commissioners, then said commissioners shall be authorized
to contract in behalf of this Commonwealth for the construction of the
fish-way at, over or around the dam of said proprietor so refusing or
neglecting. And said commissioners shall thereupon cause such fish-
waj' to be constructed with all reasonable despatch. And the expense
thereof shall be a charge against the owner of such dam, and the same
may be recovered of said proprietor in an action of contract in the
name of the Commonwealth, with costs and twelve per cent, interest
on the amount of such expense from the time when the same shall
have been demanded of such proprietor by said commissioners.

Sect. 8. Whenever, in the construction of any such fish-way, the
property of any person not liable by law to provide a suitable and
sufficient fish-way at, over or around such person's dam, shall be taken
for the purpose of such fish-way, the said commissioners shall, upon the
application in writing of the person aggrieved, assess a reasonable
compensation therefor, to be paid by the Commonwealth. And any
person aggrieved b}' such assessment shall have the right to have such
compensation determined by a jury, in the manner provided b}' the
General Statutes for the assessment of damages occasioned by the
laying out of highways.

Sect. 9. Said commissioners shall have power to contract with
the proprietor of any dam on either of said rivers, for the suspension
for five 3-ears from the passage of this act of the liability of said pro-
prietor to construct at his own expense any fish-way at, over or
around his said dam, upon the payment of said proprietor to the
treasurer of the Commonwealth of such a sum of money as said com-
missioners shall deem reasonable, and a copj' of any such contract,
attested bj^ said commissioners, shall be filed in the office of the
secretar}' of the Commonwealth.

Sect. 10. Said commissioners shall have power to contract with
the Essex Company for the construction of the fish-way prescribed by
said commissioners over the dam of said company-, at Lawrence, by
said company, at an expense to the Commonwealth not exceeding
seven thousand dollars, the said P^ssex Company to pay the expense
of such building over and above the said amount so to be paid b}^ the
Commonwealth.

Sect. 11. The compensation of each of said commissioners shall
be determined by the governor and council.

Sect. 12. The commissioners appointed under this act shall have
power to construct, or to contract for the construction of such appli-
ances and structures as they may think essential or useful for the
passage of the fish herein named, up and down said rivers, and for
their protection in such passage.

Sect. 13. Said commissioners may in their discretion delay in the

306 LAWS RELATING TO

definite constriielion of fish-ways on the Connecticut River, until they
shall be satisfied that such legislation has been adopted by the state
of Connecticut as shall in their opinion be necessary to secure the free
passage of the fish above-named through the part of said river run-
ning through said state of Connecticut.

Sect. 14. There shall be appropriated and paid from the treasury
of the Commonwealth a sum not exceeding seven thousand dollars, to
defray the expenses of the commissioners herein created, and of con-
structing the fish-ways herein provided for.

Sect. 15. An}- person who shall neglect or refuse to keep open
or maintain any fish-way at the times prescribed by the xjommissioners
under this act, shall forfeit the sum of fifty dollars for each day's neg-
lect or refusal so to keep open or maintain said fish-ways, to be
recovered by indictment in the county where said dam, or any part
thereof, is situated, one half thereof to the use of the complainant and
the other half to the use of the Commonwealth.

Sect. 16. This act shall take effect upon its passage. — [Ma}-

1.^, 1866.

[P. S., 91, ^ 4-7.]

An Act for the protection of Trout and Black Bass.

1866, 249. Be it enacted, etc., as follows: Sect. 1. Whoever
takes or catches any trout in any rivers, streams or ponds between
the twentieth day of September and the twentieth da}^ of March, or
within the time aforesaid sells, buys or has in his possession an}- trout
so taken within this state, shall forfeit one dollar for each trout so
taken or caught, sold, bought or had in possession.

Sect. 2. Whoever shall take or catch any fish called black bass in
any of the jionds within the limits of this Commonwealth from the
first day of December to the first day of June, or at any time, except
with hook and line, shall forfeit a sum not less than two nor more
than twenty dollars for each offence, to be recovered by prosecution
before any court competent to try the same.

Sect. 3. In all prosecutions for forfeitures under tlic provisions of
this act, the fact of sale, purchase or possession shall be evidence
that the trout or black bass so sold, purchased or had in possession,
were taken within this state. — [May 22, 1866.

[1869, 384.]

Resolves in regard to Obstructions to the passage of Fish in the Connecticut River at

Enfield Falls.

1866, Res. 80. Whereas, The Connecticut River in this state for-
merly furnished an inexhaustible supply of shad and other kinds of
migratory fish, which fish have now partially disappeared from that
portion of said river within this state ; and whereas, there is nothing

INLAND FISHERIES. :^()7

except the want of suitable fish-ways over the dam at Eufield Falls in
the state of Connecticut to prevent the return of said fish from the
sea to our waters in such numbers as largely to contribute to the sup-
pi}' of food for the inhabitants of this state ; therefore,

Resolved, That the attention of the state of Connecticut be invited
to this subject, and that said state be earnestly requested to take
early measures to cause fish-ways to be constructed over the dam at
Enfield Falls, either by requiring this work to be done by the proprie-
tors of said dam or bv exercisina; the right of eminent domain ; said
measures being due alike to the relations of comity between that state
and this Commonwealth and to the local interests of that state.

Resolved, That the governor is hereb}' requested to transmit a cop}'
of these resolutions to the governor of the state of Connecticut, with
a request that the same be laid before tlie legislature of the said state.
— [May 18, 1866.

1867.

Ax Act to amend Section fifteen of Chapter eighty-three of the General Statutes in

relation to the Fisheries.

1867,70. Be it enacted, etc., as follows : Sect. 1. Section fifteen
of chapter eight3'-three of the General Statutes is hereby amended by
inserting the words " an inhabitant of this state," after the word
" fisherman," in the third line.

Sect. 2. This act shall take effect upon its passage. — [March
16, 1867.

[P. S., 91, yJ96]

An Act for the protection of Trout in East Head in the Towns of Carver and

Plymouth.

1867, ^^). Be it enacted, etc., as follows : Sect. 1. No person
shall take any trout in the waters of the stream known as East Head
in the towns of Carver and Plymouth, from the source thereof to the
dam recentl}' erected thereon b}' George P. Bowers, without the writ-
ten permission of the proprietor or proprietors of the land bordering
upon that portion of said stream : provided, such proprietors shall at
all times keep an open and sufficient fish-way for the passage of trout
at said dam.

Sect. 2. Any person offending against the provisions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be
recovered by prosecution before any trial justice in the county of Ply-
month. — [March 23, 1867.

[1869, 384.]

308 LAWS RELATING TO

[Sp. Laws, vol. 1, pp. 238, 512; vol. 3, p. 98. 1815, 54; 1820, 67; 1861, 157; 1864, 234.]
An Act for the Re-stocking of Mystic River and its Tributaries with Fish.

1867, 149. Be it enacted, etc., as follows: Sect. 1. The right to
take alewives or shad from M^'stic River or its tributaries or from
Mystic Pond, shall be and hereby is suspended for the period of five
years next ensuing, and no net, seine or weir shall be set therein dur-
ing said period.

Sect. 2. Anj^ person violating the provisions of this statute shall
forfeit one dollar for every alewive or shad so taken.

Sect. 3. All prosecutions under this act shall be commenced within
thirty days from the time of committing the offence.

Sect. 4. The several '' committees for the preservation of fish "of
the towns of Medford, Somerville, West Cambridge or Winchester
may remove and destroy any and all nets, seines or weirs found in
said waters during the said period of five years. — [April 13, 1867.

[1868, 128.]

An Act to incorporate the Pasque Island Corporation.

1867,200. Be it enacted, etc., as follows: Sect. 1. Welcome R.
Beebe, Genio C. Scott, Peter Balen, their associates and successors,
are hereb}- made a corporation on the island of Pasque in the town
of Gosnold, by the name of the Pasque Island Corporation, for the
purpose of erecting on said island houses and other buildings for resi-
dence and the propagation of fish ; with all the powers and privileges
and subject to the duties, liabilities and restrictions which now are
or may be in force relating to such corporations ; and with the right
to close the outlets to creeks in said islands for the propagation of
black bass or other fish.

Sect. 2. Seining or taking fish in any other mode than by hook
and line within forty rods from the shores of Pasque Island is prohib-
ited under a forfeiture for each offence of a sum not exceeding twenty
dollars, and not less than five dollars, to be recovered in any court
proper to trj'^ the same.

Sect. 3. Said corporation may hold real and personal estate to the
amount of fifty thousand dollars, and mortgage and sell the same ;
and the whole capital stock of said corporation shall not exceed fifty
thousand dollars, nor be less than twenty-five thousand dollars,
divided into shares of one hundred dollars each : provided, that said
corporation shall incur no liabilities until an amount equal to fifty per
cent, thereof is subscribed and paid in, in cash. — [May 2, 18G7.

INLAND FISHERIES. 309

[Sp. Laws, vol. 1, p. 272 ; 1866, 238.]
An Act to regulate Fishing in Merrimaclv River, and for other purposes.

1867, 289. Be it enacted, etc., as follows: Sect. 1. No person
shall fish with a seine in Merrimack River, nor in any manner take or
catch shad, salmon or alewives in said river, until the fifteenth day of
April, in the year eighteen hundred and sevent^'-one, under penalty
of the forfeiture of the seine and five dollars for each shad or alewife
and fifty dollars for every salmon taken : provided, that the fish com-
missioners shall be allowed from time to time to take such fish as may
be required to re-stock the Merrimack or any other river.

Sect. 2. No person shall fish within four hundred yards of any
fish-way on Merrimack River, nor trespass within the limits of the
same, under a penaltj^ of fift\' dollars.

Sect. 3. The fish commissioners are hereby empowered to cause
any tributaries of the Merrimack River to be opened to the passage
of shad, salmon and alewives, by directing the proprietors of dams in
such tributaries to build suitable fish-wa^s over their dams.

Sect. 4. The mayor and aldermen of any city and the selectmen
of any town bordering on the Merrimack River shall appoint one or
more suitable fish-wardens and fix their compensation, to see to the
execution of the provisions of the first and second sections of this
act.— [May 31. 1867.

[1869, 422; P. S. 91, ^ 4-7, 35, 42.]

An Act to regulate Fisheries.

1867, 344. Be it enacted, etc., as follows: Sect. 1. The commis-
sioners of fisheries appointed under chapter two hundred and thirty-
eight of the acts of the ^ear eighteen hundred and sixty-six, in addi-
tion to their powers and duties under said act, are hereby authorized
to examine all the dams upon rivers in this Commonwealth over and
around which the proprietors are now required by law to keep and
maintain fish-ways, and said commissioners shall determine whether
said fish-ways are suitable and sufficient for the passage of such fish
as are found in said rivers ; and if, after inspection, the said commis-
sioners shall find said fish- wa3-s are unsuitable, or insufficient for the
passage of fish, or are out of repair, or are not kept open at suitable
times, the}' shall give notice to the proprietors of said dams of any
defect in their fish-wa3's, or that the fish-ways are not kept open tlae
proper time. And said commissioners shall further, in writing, pre-
scribe the times for keeping open and unobstructed said fish-ways,
and what repairs may be necessary, and what changes, if any, should
be made for improving said fish-ways.

Sect. 2. Anj' person or corporation who shall neglect or refuse
to keep open or maintain any fish-way at the times prescribed by the

310 LAWS KELATING TO

comiaissioiiers under this act, shall forfeit the sum of fift}' doUars for
each day's neglect or refusal so to keep open or maintain said fish-
way, to be recovered by indictment in the county where said dam, or
any part thereof, is situated, one-half thereof to the use of the com-
plainant, and the other half to the use of the Commonwealth.

Sect. 3. There shall be ajtpropriated and paid out of the treasury
of the Commonwealth a sura not exceeding ten thousand dollars, to
defray the expense of the commissioners, first, in re-slocking the
rivers of Massachusetts with shad, salmon and alewives ; second, in
re-stocking the ponds in this Commonwealth, for the purpose of
propagating black bass and other fish. — [June 1, 1867.

[P. S. 91, §§ 4, 6.]

1868.

[Sp. Laws, vol. 1, p. 4il.]
Ax Act for the protection of Trout in Grist-Mill Pond, in the Town of Wareham.

1868, 110. Be it enacted, etc., as foUotvs : Sect. 1. No person
shall take any trout from Grist-Mill Pond, near the Parker Mills Iron
Works, in the town of Wareham, or the waters running into the same,
at any time of the year, without permission of the proprietor or
proprietors of said pond and waters.

Sect. 2. Any person offending against the provisions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be
recovered by prosecution before any trial justice in the county of
Plymouth. — [April 10, 1868.

[1867, 149.]
A?i Act to amend " An Act for the Re-.stocking of Mj stic River and its Trihutaries

with Fish."

18GH, 128. Be it enacted, etc., as foUoics: Sect. 1. The one
hundred and forty-ninth chapter of the acts of the year one thousand
eight hundred and sixty-seven, entitled " An Act for the re-stocking
of Mystic River and its tributaries with fish," is hereby amended by
adding to the second section thereof the words following, viz. :
provided, that the several committees for the preservation of fish
mentioned in the fourth section, may take such fish as may be re-
quired to re-stock the said river and tributaries ; and also, by adding
to the fourth section, after the word "Cambridge," the word
" Woburn."

Sect. 2. Any person who shall place or cause to be placed in the
waters of Mystic River or of its tributaries, or of Mystic Pond, or
who shall c:.use to flow into said waters any substance which may
destroy or injure the fish therein, shall be punished by a fine not
exceeding fifty dollars for each offence, — [April 16, 1868,

INLAND FISHERIES. 311

[Special Laws, v. 1, p. 296.]
Ax Act to regulate Fishing in Connecticut River.

I861S, 130. Be it enacted, etc., as follows: Sect. 1. Any person
who shall take, or who shall aid or assist in taking from the Connecti-
cut River an}- shad at any other time than between the fifteenth daj-
of March and the fifteenth day of June in each j'ear, shall forfeit and
pay for each offence the sum of one hundred dollars.

Sect. 2. Any person who shall take, or aid or assist in taking
from the Connecticut River an}' salmon before the fifteenth day of
March, in the year one thousand eight hundred and seventy-two,
shall forfeit and pay for each offence the sum of fifty dollars.

Sect. 3. Nothing in this act contained shall apply to the taking
of any fish by order of the fish commissioners for the purpose of
artificial or natural propagation of the same.

Sect. 4. The mayor and aldermen of any city, and the selectmen
of any town, bordering on the Connecticut River, shall appoint and
fix the compensation r.f one or more suitable persons as fish-wardens
within their respective cities and towns, who shall make complaint of
all offences under this act. — [April 17, 1868.

[1869, 76.]

[Sp. Laws, vol. 1, pp. 191, 451; voL 2, p. 128; vol. 3, pp. 431, 524; 1805, 29; 1810, 117;
1812, 127; 1814, 22; 1823, 33; 1824, 101 ; 1825, 78; 1829, 40; 1839, 134; 1845, 79; 18.55,
171 ; 1856, 14, 52, 248.]

Ax Act for the Re-stocking of Ipswich River and its Tributaries with Fish.

1868, 157. Be it enacted, etc., as follows: Sect. 1. The right to
take alewives or shad from Ipswich River or its tributaries, or from
Wenham Pond, shall be and is hereby suspended for the period of
three years next ensuing, and no net, seine or weir shall be set
therein during said period.

Sect. 2. Any person violating the provisions of this statute shall
forfeit one dollar for every alewive or shad so taken.

Sect. 3. All prosecutions under this act shall be commenced within
thirty days from the time of committing the offence. — [April 29, 1868.

Ax Act for the protection of Smelts.
1868, 179. Be it enacted, etc., as follows: Sect. 1. Whoever
catches any smelt from the first day of February to the first day of
May in each year, in any manner whatever, or at any season of the
year in any other manner than by hooks and lines or hand-nets, shall
forfeit twenty-five cents for each smelt so cauo;ht, to be recovered bv
prosecution })efore any trial justice or court competent to try the
same : 'provided, that nothing herein contained shall apply to any
person catching smelt in any seine or net in Taunton Great River,
while fishing for herring or alewives.

312 LAWS RELATING TO

Sect. 2. The commissioners of river fisheries may take any kind
of (ish at any time for the purpose of obtaining spawn for artificial
propagation of fish.

Sect. 3. All prosecutions under this act shall be instituted within
thirty days from the time of committing the offence. — [May i, 1868.

[1869, 384.]

An Act for the protection of Trout in the Merrill Pond in the Town of Wendell.

1868,289. Be it enacted, etc., asfolloivs: Sect. 1. No person
shall take any trout from the Merrill Pond, on the old Wendell town
farm, in the town of Wendell, or the waters running into the same,
at any time of the year, without permission of the proprietor or pro-
prietors.

Sect. 2. Any person offending against the provisions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be
recovered by prosecution before any trial justice in the county of
Franklin. — [June 4, 1868.

An Act to protect Trout in Jones' Mill Creek in the Town of Barnstable.

1868, 290. Be it enacted, etc., as follows: Sect. 1. No person
shall take any trout in Jones' Mill Creek, in the town of Barnstable,
from its source to the junction with Scorton Creek, and within two
hundred yards of said junction, on either side thereof, from the first
day of August in each year to the first day of April in the year next
ensuing ; nor shall any person take any trout therefrom except by hook
and line ; nor shall any person enter upon the land bordering upon
said pond or stream, at any season of the year, for the purpose of
taking trout, without the written permission of the proprietors.

Sect. 2. Any person offending against the provisions of this act
shall forfeit and pay a fine of one dollar for each trout taken, to be
recovered by prosecution before any trial justice in the county of
Barnstable.

Sect. 3. This act shall take effect upon its passage. — [June 4,
1868.

[1868, 130.]

Resolve concerning a Fish-way over or around the Dam at Holyoke, on the Connecti-
cut River.

1868, Res. 53. Resolved, That there be allowed and paid out of
the treasury of the Commonwealth, and the same is hereby appropri-
ated, a sum not exceeding twelve thousand dollars, to be expended
under the direction of the commissioners appointed under chapter two
hundred and thirty-eight of the acts of eighteen hundred and sixty-
six, in the construction of a fish-wa^^ over or around the dam at Holy-
oke, on the Connecticut River, in accordance with the provisions of

INLAND FISHERIES. 313

said chapter two huiidrcci and thirty-eigLit of the acts of the year eigh-
teen hundred and sixty-six. — [June 4, 1868.

1869.

An Act concerning Fisheries in Bass River, in the County of Barnstable.

18(59, 64. Be it enacted, etc., asfolloios: Sect. 1. The provi-
sions of chapter one hundred and seventy-nine of the acts of the ^eur
eighteen hundred and sixty-eight, shall not apply to the lessees of the
towns of Yarmouth and Dennis, while fishing for perch or alewives in
Bass River or its tributaries.

Sect 2. This act shall take effect upon its passage. — [March 10,

1869.

[1869, 384.]

An Act relating to the Fisheries in Dukes County.

1869,75. Beit enacted, etc., as follows : Sect. 1. Chapter one
hundred and seventy-nine of the acts of the year eighteen hundred
and sixt^'-eight shall not appl}' to any person catching smelts in any
seine or net in any of the waters of Dukes County, while fishing for
herring or alewives.

Sect. 2. This act shall take eflect upon its passage. — [March
17, 1869.

[1869, 384.]

[1868, 130.]

Ax Act to extend the provisions of the Act of the year eighteen hundred and sixty-eight
to regulate Fishing in Connecticut River.

1869, 76. Be it enacted, etc., as follows: Sect. 1. Any person
who shall take or aid or assist in taking, from the Connecticut River,
any shad, at any other time than between the fifteenth day of March
and the fifteenth day of June in each 3'ear, shall forfeit and pay for
each offence the sum of one hundred dollars, and any person who
shall take or aid or assist in taking from the Connecticut River
an}- salmon before the fifteenth day of March in the 3'ear one thou-
sand eight hundred and seventy-two, shall forfeit and pay for each
offence the sum of fifty dollars.

Sect. 2. Nothing in this act contained shall apply to the taking of
any fish b}' order of the fish commissioners, for the purpose of the
natural or artificial propagation of the same.

Sect. 3. No person shall set or draw, or shall assist or aid in
setting or drawing any net or seine for the purpose of taking fish in
Connecticut River, at any time between the setting of the sun on
Saturday evening of each week, and the rising of the sun on the
succeeding Monday morning ; and the owners of all weirs, pounds and
set-nets of any description, placed in the waters of said river, shall
cause the same to be and remain open and free for the passage of fish

314 LAWS RELATING TO

during the said period in each week, in such manner as to satisfy the
fish commissioners. And every person who shall A'iolate the provis-
ions of this section, and every person owning or controlling, in whole
or in part, any pound or weir, and failing to comply with the require-
ments of this section, shall forfeit and pay the sum of four hundred
dollars to the treasurer of the state, for each offence ; and any person
setting or using or aiding or assisting in setting or using any pound,
weir or set-net in said river between the fifteenth day of March and
the fifteenth day of June in each year, the meshes whereof are less
than five inches in extent, shall also forfeit and pay the sura of four
hundred dollars for each offence, and such pounds, weirs and set-nets
shall be forfeited to the Commonwealth.

Sect. 4. The mayor and aldermen of any city and the selectmen
of any town bordering on the Connecticut River, shall appoint and
fix the compensation of one or more suitable persons as fish-wardens,
within their respective cities and towns, who shall make complaint of
all offences under this act.

Sect. T), Chapter one hundred and thirty of the acts of the year
eighteen hundred and sixty-eight is hereby repealed, — [Marcli
17, 18G9.

[P. S.91,^<>^S 40,42.]

Ax Act to regulate the seining of Fish in Cole's River and Lee's River in Swansea.

1869,172. Be it enacted, etc., as folloics: * * * Sect, 9, No
person shall set, draw or use anN' seine, net or woir for taking fish,
except menhaden, in Cole's River within the limits of the town of
Swansea, nor in Lee's River within the limits of the towns of Swansea
and Somerset, Whoever violates the provisions of this section shall
pay a fine of not less than fifteen dollars nor more than fifty dollars.

Sect, 10. This act shall take effect upon its passage. — [April 17,
1869.

Ax Act for the protection of Trout in Aver}' Brook in the Towns of Charlemont and

Heath.

18G9, 235, Be it enacted, etc., as follows: Sect, 1. Whoever,
without a written license from the owners or lessees of Avery Brook
or its tributaries, takes any trout therefrom within the limits of either
of the towns of Charlemont or Heath, shall forfeit and pa}' a fine of
twenty-five dollars for ever}' such offence, to be recovered before an}^
trial justice or in an}' court of record in the county of Franklin,

Sect, 2, The foregoing section shall be without effect unless the
owners or les.sees aforesaid shall erect and maintain notices of this
act and its penalties, painted or engraved in clear, legible letters ;
said notices to be erected within one hundred rods of each other

INLAND FISHERIES. 315

tiiroughout the entire length of said brook and its tributaries, and on
or near the banks thereof, within the boundaries of the aforesaid
towns.

Sect. 3. Whoever destroys, injures or defaces any such notices so
erected, shall forfeit and pay for every such offence, a fine of twenty-
five dollars, to be recovered in the same manner as provided in
section one of this act. — [May G, 1869.

[1868, 179.]
An Act for encouraging the Cultivation of Useful Fishes.

1869,384. Be it enacted, etc.. as folloivs: Sect. 1. All the laws
of the Commonwealth relating to the culture, preservation, capture or
passage of fisli, shall be known as the laws relating to inland fisheries.

Sect. 2. The commissioners under chapter two hundred and
thirty-eight of the acts of eighteen hundred and sixty-six, shall be
styled the Commissioners on Inland Fisheries, and shall be a board
consisting of three persons appointed by the governor, by and with
the advice and consent of the council, each for a term of five years
from the time of his appointment. Vacancies in the board, by the
expiration of the terms of service of the members or otherwise, shall,
from time to time, be filled in like manner and for like terms of time.

Sect. 3. Each of said commissioners maj-, personally or by
deputy, enforce all laws regulating inland fisheries ; and mav seize
and remove, summarily if need be, all obstructions to the passage of
migratory fish illegally used, except dams, mills or machinery, at the
expense of the person usiag or maintaining the same.

Sect. 4. Whenever either of said commissioners finds that there
is no fish-way or an insufficient fish-wa}- in or around a dam where the
law requires a fish-way to be kept and maintained, he may, at his
discretion, enter with workmen and materials upon the premises of
the person or corporation required to maintain said fish-way, and maj'
improve said fish-wa^' or cause one to be constiueted where none
exists, at the expense of said person or corporation, and may take, if
necessary, the land of any other person or corporation not obliged by
law to maintain said fish-way : provided, compensation shall be ren-
dered to the owner thereof, in the manner provided in relation to land
taken for highways, and said expense shall be charged against said
person or corporation required bj- law to construct and maintain such
fish-wa}', to be recovered in an action of contract in the name of the
Commonwealth, with costs and interest at the rate of twelve per cent. :
provided, that when a fish-way has been constructed in accordance
with the provisions of this section, said commissioners shall not
require the alteration of the same by the owner of the dam, within
five years from the completion of the same.

Q

16 LAWS RELATING TO

Sect. 5. .Said commissioners may take or cause to be taken, any
3sh at any time or manner for purposes connected with fish culture or
with scientific observation.

Sect. 6. Each of said commissioners may, in the discharge of his
duties, enter upon and pass through or over private propcrt}' without
rendering himself liable in an action for trespass.

Sect. 7. The riparian proprietors of any pond the superficial area
of which is not more than twentj' acres, and the proprietors of au}'
pond or parts of a pond created b}' artificial flowage, shall have
exclusive control of the fisheries therein existing, but this shall not
al)ridge anj' rights heretofore granted to fish for herring or alewives in
ponds of the above dimensions which are connected with salt water,
nor affect any previous laws restricting fishing lor any period of
time.

Sect. 8. The fishery of any pond the superficial area of which is
.nore than twenty acres, shall be public, except such as may have
been granted speciall}^ by law or leased as hereinafter provided, and
all persons shall, for the purpose of fishing, be allowed reasonable
means of access to the same without rendering themselves liable to
prosecution or action for trespass.

Sect. 9. The commissioners, or any two of them, may, in the
name of the Commonwealth, lease any great pond exceeding twenty
acres in area, for the purpose of cultivating useful fishes, for such
periods of time and on such terms and conditions as shall seem to
said commissioners most for the public good ; and the lessee of such
pond ma}' occupy a portion, not exceeding one-tenth part thereof,
with inclosures and appliances for the cultivation of useful fishes ;
but this shall not affect any public rights in such pond other than the
right of fisheries ; and the appliances and inclosures used by the lessee
shall be so placed as not to debar ingress to or egress from such pond
at proper places.

Sect. 10. The commissioners shall have the custody of all leases
made under the provisions of this act, and may cause an}' agree-
ments, rights, reservations, forfeitures and conditions therein con-
tained to be enforced, and for that purpose may institute proceedings
in the name of the Commonwealth, and may take possession of any
premises, for conditions in such lease thereof being broken, and re-
vesting the Commonwealth therewith, may again lease the same.

Sect. 11. The county commissioners for each county shall, upon
the request and at the expense of any party claiming to be interested
in any great pond, cause the same to be measured, and such measure-
ment, when determined, shall be recorded in the town clerk's office of
each town within which said pond is situated ; and said measurement
shall take place in the month of July, and no arm or branch shall be

INLAND FISHERIES. 317

computed as a part of any pond unless said arm or branch be at least
fifty feet in width and one foot in depth.

Sect. 1 2. The riparian proprietors of an}' pond of less area than
twenty acres, shall have all the privileges given them by section seven
as soon as the said county commissioners have determined that their
ponds do not exceed the above limit.

Sect. 13. Any pond within the limit of twenty acres in area,
bounded in part b}' land belonging to a town or county of the Com-
monwealth, shall only become the exclusive property- of the individ-
ual proprietors as to the fisheries therein upon payment to the town
treasurer, county commissioners or state treasurer, of a just compen-
sation for their respective rights therein, to be determined by a board
of three persons, one of whom shall be one of the riparian proprie-
tors of said pond, one the chairman of the board of selectmen, if the
rights of a town are in question, or of the count}^ commissioners, if
the rights of a county or the Commonwealth are in question, and one
to be appointed by the commissioners on inland fisheries.

Sect. 14. For the purposes of this act, no tidal stream shall be
considered navigable above the point where on the average through-
out the year it has a channel less than forty feet wide and four feet
deep during the three hours nearest the hour of high tide.

Sect. 15. The governor, with the advice and consent of the coun-
cil, upon the recommendation of the commissioners on inland fisher-
ies, may limit or prohibit for a period not exceeding five years at a
time, fishing in the navigable tidal waters of specified streams and in
the unnavigable waters of streams, except in such portions as may be
inclosed, according to the provisions of section sixteen ; and whoever
fishes in streams whose fishery is thus limited or prohibited shall for-
feit for the first oflfence ten dollars, and for every subsequent oflf'ence
fift}^ dollars, and shall in addition forfeit all fish captured and appa-
ratus used.

Sect. 16. Any riparian proprietor maj , within the limits of his
own premises, inclose the waters of a stream not navigable, for the
cultivation of useful fishes : provided^ he furnishes a suitable passage
for migratory fishes naturally frequenting such waters.

Sect. 17. The governor, by and with the advice and consent of
the council, may, for the purposes of this act, arbitrarily fix and de-
fine the tidal bounds and mouths of streams, upon recommendation
of the commissioners on inland fisheries.

Sect. 18. Fishes artificially propagated or maintained shall be the
absolute property of the person propagating or maintaining them. •

Sect. 19. Whoever fishes in that portion of a pond, stream or
other water in which fishes are lawfully artificially cultivated or main-
tained, without the permission of the proprietors, shall forfeit not less

318 LAWS HELATING TO

than oue dollar nor more than twenty dollars for the first offence, and
not less than five nor more than fifty dollars for any subsequent
offence.

Sect. 20. Any person legally engaged in the artificial culture and
maintenance of fishes may take them in his own waters how^ and
when he pleases, and ma}' have them in his possession for purposes
properly connected with said culture and maintenance, and may at all
times sell them for these purposes, but shall not sell them for food at
seasons when their capture is prohibited by law.

Sect. 21. Whoever, between the fifteenth of April and the fif-
teenth of December in each year after this year, uses any sweep-seine
or hand or dip-net in the waters of the Connecticut, Westfield, Deer-
field, Miller's, Merrimack, Nashua or Housatonic Rivers, or their tribu-
taries, having a mesh which stretches less than five inches when new
and dry, shall forfeit for the first offence twenty -five dollars and for
every subsequent offence fifty dollars ; and in each case shall also for-
feit the apparatus thus unlawfully used and the fish captured.

Sect. 22, Whoever uses any sweep-seine .or combination of sweep-
seines in such a manner as at any moment to close or seriously ob-
struct more than two-thirds of the width of the stream at the place
where it is used ; and whoever dela3-s or stops in paying out or haul-
ing any sweep-seine within one-half mile of a point where such seine
has been hauled within an hour, shall be liable to the same penalties
and forfeitures set forth in the preceding section : provided^ that this
section shall not apply to the seines used in the smelt fishery ; and
provided^ farther, that none of the provisions of this section shall af-
fect the fisheries for shad and alewnves in Taunton Great River.

Sect. 23. Whoever at any time obstructs with a salmon-pot more
than one-half of a waterfall, channel or rapid, or sets, uses or main-
tains in any of the waters of this state a salmon-pot the diameter of
which is more than two feet, or who, when the taking of salmon is
forbidden bv law, sets, uses or maintains in an}' of such waters, an\"
salmon-pot whatever, shall forfeit said salmon-pot and all fish cap-
tured, and shall pa}' ten dollars for the first offence and twenty dollars
for every subsequent offence.

Sect. 24. Whoever takes salmon, shad or alewives in any of the
waters of this Commonwealth except the Connecticut, Taunton
Great, Newmasket and Merrimack Rivers, or their tributaries, in any
other manner than by naturally or artificially baited hook and hand-
line, on any day of the week but Monday, Wednesday, Friday and
S^urday, shall forfeit for each offence the penalties prescribed for
taking these species of fish at seasons prohibited by law.

Sect. 25. Every clerk, superintendent or other ofHcer having
charge of a market, provision store or other place where fish are sold.

INLAND FISHERIES. 31!)

shall immediately inform a constable or a trial justice in the town or
cit}' where said premises are situated, when any fish which have been
taken in violation of law, has been offered for sale on said premises :
provided^ that such clerk, superintendent or other officer shall know
or have reasonable cause to believe that said fish has been so taken ;
and for each neglect so to do, such clerk, superintendent or other offi-
cer shall pay a fine of not less than five dollars nor more than fifty.

Sect. 2G. Whoever takes or catches fishes which at any season
frequent fresh water, except eels and pickerel, in any other manner
than b}- artificially or naturally- baited hook and hand-line, hand or
dip net, sweep-seine or salmon-pot, shall forfeit a sum not less than
five dollars nor more than fifty dollars : provided, that nothing herein
contained shall authorize the taking or catching of trout, land-locked
salmon or lake trout in any other manner than b}' hook and hand-line ;
and provided, that towns may be allowed to permit the use of set-nets
for the capture of herring or alewives.

Sect. 27. Whoever takes or catches any salmon within the limits
of this Commonwealth, or who buys, sells or has in possession the
same taken within said limits, between the first day of August and
the first day of Ma}', shall forfeit for each offence not less than ten
nor more than fifty dollars ; and whoever buys, sells or has in posses-
sion any young salmon less than one foot in length shall forfeit five
dollars for ever}- young salmon of said dimensions bought, sold or
had in possession.

Sect. 28. Whoever takes or catches any trout, land-locked salmon
or lake trout within the limits of this Commonwealth, or buys, sells
or has in possession the same taken within said limits between the
twentieth da}- of September and the twentieth day of March in each
year, or takes or catches any trout, land-locked salmon or lake trout
with any net or salmon-pot, at any season of the year, shall forfeit
for each oflTence a sum not less than one nor more than twenty dollars.

Sect. 29, Whoever catches any shad at any other season than
between the first day of March and the fifteenth day of .June, shall
forfeit for each shad, five dollars. '

Sect. 30. Whoever takes or catches any black bass in any of the
ponds or streams of this Commonwealth from the first day of Decem-
ber to the first day of June in each year, or at any time except with
naturally or artificially baited hooks and hand-line, or buys, sells or
has in possession any such fish taken within the limits of this Com-
monwealth, shall forfeit for each ofljence not less than two nor more
than twenty dollars.

Sect. 31. Whoever takes or catches any smelts or white perch, in
any of the waters of this Commonwealth, in any other manner than
by naturally or artificially baited hooks and hand-lines, between the

320 LAWS RELATING TO

fifteenth day of March and the first day of June, in each year, or
takes or catches an}' smelts with a net of any kind, on any known
spawning ground within said Commonwealth, shall forfeit for each
smelt so taken or caught, the sum of twenty-five cents : provided^
that nothing herein contained shall apply to anj' person catching
smelts in any seine or net in Taunton Great River, or in Dukes
Count}^ while fishing for herring or alewives, or to the lessees of the
towns of Yarmouth and Dennis, while fishing for perch or alewives in
Bass River or its tributaries, or to any person lawfully fishing for
perch, herring or alewives in either branch of Westport River.

Sect. 32. Actions and prosecutions under the laws relating to in-
land fisheries shall not be commenced except within four months from
the time when the cause of action accrues or the offence is committed.

Sect. 33. One-half of the money recovered as a penalty in any
case arising under the laws relating to inland fisheries, shall be paid
to the person making the complaint in the case in which the same is
recovered, and the remainder to the Commonwealth.

Sect. 34. The two hundred and forty-ninth chapter of the acts

of the year eighteen hundred and sixty-six, and the one hundred and

seventy-ninth chapter of the acts of the year eighteen hundred and

sixty-eight, and all legislation heretofore enacted limiting the time

and season when pickerel may be taken, are hereby repealed. — [June

12, 1869.

[P. S. 91.]

[1866, 238.]

An Act in addition to an Act concerning the Obstructions to the Passage of Fish in

Connecticut and Merrimack Rivers.

1869, 422. Be it enacted^ etc., as follows: Sect. 1. When-
ever an}' proprietor of any dam in Massachusetts, upon the Merri-
mack or Connecticut Rivers, shall have refused or neglected for the
period of thirty days from the time when the commissioners of fish-
eries shall have furnished such proprietors with the plan specified in
sections three, four and five of chapter two hundred and thirty-eight
of the acts of the year eighteen hundred and sixty-six, to agree with
said commissioners for the building on, over or around his dam of the
fish-way prescribed by the plan furnished such proprietors by said
commissioners, then said commissioners, or the survivors or survivor
of them, or their successors or successor, may file in the supreme
judicial court a bill in equity, in their name but in behalf of said
Commonwealth, asking for a decree to enforce the immediate con-
struction and erection of such fish-way as is called for by the plan so
furnished, to the acceptance of said commissioners, and for such fur-
ther and other relief as they may deem necessary to enable them to
enforce the provisions of said chapter two hundred and thirty-eight.

INLAND FISHERIES. 321

Sect. 2. Such proceeding, whether by bill to enforce specific per-
formance or by suit at law, as is provided in section seven of said
chapter two hundred and thirty-eight, for money expended, shall be
brought in the supreme judicial court, may be made returnable in the
county of Suffolk, and shall have precedence upon the docket and
priority in all its stages over suits depending between private parties.

— [June 21, 1869.

[Repealed P. S. 224.]

Resolve making an Appropriation for Fish-culture.

1869, Res. 28. Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, and the same is hereby appropriated,
a sum not exceeding twenty-five hundred dollars, to be expended
under direction of the commissioners appointed under chapter two
hundred and thirty-eight of the acts of the year eighteen hundred
and sixty-six, for purposes connected with the culture of useful fishes
and of stocking the waters of the Commonwealth therewith. — [April
10, 1869.

1870.

An Act to incorporate the Cape Cod Ship Canal Company.
1870,36. Beit enacted, etc., as follows: * * * Sect. 17. The
said canal compan}^ shall also make such suitable provisions for the
continuance of the herring fishery in Monument River and Herring
Pond as the commissioners on inland fisheries may prescribe ; and in
case of injur}' to any private fishery, shall pay to the owner thereof
such damages as shall, upon the application of either party, be esti-
mated b}' said commissioners, in a manner similar, so far as may be,
to that provided in laying out highways ; and with a similar right of

appeal to a jury, by proceedings like those provided for in section six.

***********

Sect. 25. This act shall take effect upon its passage. — [February
26, 1870.

[1856, 176 ; 1865, 212.]
Ax Act for protection of the Fisheries in the Head-waters of Buzzard's Bay.

1870, 249. Be it enacted, etc., asfollov)s: Sect. 1. No person
shall draw, set, stretch or use any drag-net, set-net, purse or seine of
any kind, or construct, maintain or use any fish-weir, yard or pound
for taking fish of any kind anywhere in the waters of Buzzard's Bay
northerly of or within a straight line extended from the entrance to
the harbor in West Falmouth to Bird Island Light ; thence in a
straight line to Great Neck Point, on the Marion shore, nor in any
hay, cove, inlet, x'iver, creek or stream bordering on or flowing into
said waters within the limits aforesaid.

322 LAWS RELATING TO

Sect. 2. Whoever violates any provision of this act, or aids or
assists in violating the same, shall forfeit and pay to the use of any
person who shall sue therefor, a sum of not less than twenty dollars
nor more than one hundred dollars, to be recovered iu an action of
tort, in any court having jurisdiction of either party to such action ;
and shall also upon conviction of an}' violation of anj^ provisions of
this act before an}' justice or court competent to try the same, be
imprisoned in the house of correction not exceeding sixty days, or
pay a fine of not less than ten dollars or more than one hundred dol-
lars, one half to the use of the complainant and the other half to the
use of the county within whose jurisdiction the offence was com-
mitted.

Sect. 3. Any net or seine used by any person in violating any pro-
visions of this act, together with any boat, craft or fishing apparatus
used in unlawfully working such net or seine, and all fish found there-
with, captured contrary to any provision of this act, shall be forfeited
to the Commonwealth.

Sect. 4. All nets and seines in actual use set or stretched in

violation of this act within the waters and limits aforesaid, holding

fish contrary to any provisions of said act, are declared to be common

nuisances. — [May 16,1870.

[P. S. 91, ^v^ 79, 80.]

[1833, 211; 18.50, 6; 1855, 156; 1858, 95.]
An Act for the protection of the Fisheries in the Vicinity of Nantucket.
1870,284. Be it enacted, etc., as follows: Sect. 1. It shall not
be lawful for any person or persons to take any fish with any kind of
net, or to set any net for the purpose of taking any fish therewith,
within one mile from the shores of Nantucket, Tuckernuck, Smith's,
Muskegat and Gravel Islands, without first obtaining permission of
the selectmen of Nantucket.

Sect. 2. Every person violating any provision of this act, shall
forfeit and pay for each offence a sura not less than fifty nor more
than five hundred dollars.

Sect. 3. The town of Nantucket is hereby authorized to choose,
at the annual town meeting, or at any meeting duly warned for that
purpose, such number of fish-wardens as may at the time be deemed
necessary, who shall be sworn to the faithful discharge of their duty,
whose duty it shall be to prosecute for every offence against any pro-
vision of this act.

Sect. 4. All A-essels, boats, craft and apparatus of every kind
employed in taking fish contrary to the provisions of this act, or hav-
ing on board any such fish unlawfully taken, shall be liable for an}-
fines, penalties and forfeitures, also costs herein provided for, and

I

I

INLAND FISHERIES. 323

ma}' be attached on mesne process, and sold on execution as the prop-
ert}' of the person or persons offending by the use thereof. And it
shall be the duty of said fish-wardens to seize such vessel, boat, craft
or apparatus, and detain the same not exceeding forty-eight hours, in
order that the same may be attached or arrested by due process of
law : provided^ hoivever, that as soon as the master or owner of such
vessel, boat, craft or apparatus shall pay the penalty required by the
fish-wardens, to the treasurer of the town of Nantucket, together with
the accrued costs, such vessel, boat, craft or apparatus shall be dis-
charged with the effects therein ; and the ninth clause of section thirty-
two of chapter one hundred and thirty-three of the General Statutes
is hereby so modified that it shall not apply to boats, fishing tackle
and nets taken under the provisions of this act.

Sect. 5. All fines, penalties and forfeitures recovered and received
by virtue of this act, shall go, one half to the treasurer of the town of
Nantucket, for the use of said town, the other half to the fish-warden
or fish-wardens commencing the action ; and said fines, penalties and
forfeitures ma}- be recovered, together with the legal costs of suit, by
an action of tort in any court of record proper to try the same.

Sect. 6. Chapter six of the acts of the year eighteen hundred and
fifty, chapter one hundred and fifty-six of the acts of the year eighteen
hundred and fiftj'-five, and chapter ninety-five of the acts of the year
eighteen hundred and fifty-eight are hereby repealed.

Sect, 7. This act shall take effect upon its passage. — [May 27,
1870.

An Act to amend an Act for encouraging the Cultivation of Useful Fishes.

1870,360. Be it enacted, etc., as follows : Sect. 1. Section nine
of chapter three hundred and eighty-four of the acts of the year eigh-
teen hundred and sixty-nine is hereby so amended that the commis-
sioners on inland fisheries shall have no authority to lease any great
pond exceeding twenty acres in area, situated within the limits of
Dukes County.

Sect. 2 This act shall take effect upon its passage. — [.Tune 1.5,

1870.

[1875, 115.]

[1868, 130; 1869,384.]
An Act in relation to the taking of Shad in the Connecticut River.

1870, .369. Be it enacted, etc., as follows: Sect. 1. The limita-
tion of time for catching shad in the Connecticut River in this state
shall hereafter be the same as that now fixed, or which shall hereafter
be prescribed by the legislature of Connecticut for taking shad in said
river in that state.

324 LAWS RELATING TO

•

Sect. 2. All acts and parts of acts inconsistent with this act are

hereby repealed.

Sect. 3. This act shall take effect upon its passage. — [June 18,

1870.

[1881, 47.]

An Act to prohibit the tailing of Black Bass in Lake Cochituate.
1870, 382. Be it e7iacted, etc., as follows: Whoever catches, takes
or destro3's any black bass in the waters of Lake Cochituate in the
towns of Natick, Wayland or Framingham in the county of Middlesex,
shall forfeit for each offence not less than ten nor more than fifty
dollars. — [June 21, 1870.

Resolve making appropiiation for Fish Culture.
1870, Res. 41. Resolved, That there be allowed and paid out of
the treasury, a sum not exceeding four thousand dollars, to be ex-
pended under direction of the commissioners on inland fisheries, for
purposes connected with the culture of useful fishes and of stocking
the waters of the Commonwealth therewith. — [May 12, 1870.

1871.

[1869, 384.]
An Act for the better protection of Black Bass.
1871, 113. Be it enacted, etc., as follows: Sect. 1. That in
section thirty of chapter three hundred and eightj'-four of the acts of
the year eighteen hundred and sixty-nine, the word July be substi-
tuted for the word June.

Sect. 2. This act shall take effect upon its passage. — [May 22,
1871.

[P. S. 91, § 56.]

An Act to protect an Alewive Fishery in Sandwich.
1871, 189. Be it enacted, etc., as folloivs : Sect. 1. Barzilla
Sears, of the town of Sandwich, his heirs and assigns, shall have, for
the term of twenty years from the date of the passage of this act, the
exclusive right to take and catch alewives in the stream known as
Mill River, running over the mill-dam of said Sears and through the
marshes of said Sandwich to the waters of Sandwich Harbor, on
Monday, Wednesday, Friday and Saturday in each week, and at no
other time : provided, that said Sears, his heirs and assigns, shall
construct and maintain a good and sufficient passage-way over or
around the dam or dams which now are or which may hereafter be
erected upon said stream, to enable fish to enter the ponds above such
dam or dams, and shall keep such passage-way open and unobstructed
from the tenth day of April to the first day of June inclusive in each
year.

INLAND FISHERIES. 325

Sect. 2. An}- person or persons taking alewives in said Mill
River or the said ponds, without the written consent of said Barzilla
Scars, his heirs or assigns, shall forfeit and pay for every such offence
the sum of ten dollars, one-half of the forfeiture to the use of the
person making the complaint, and one-half to said Sears, his heirs
and assigns, to be recovered in any court of competent jurisdiction.
— [April 14, 1871.

[Sp. Laws, vol. 1, p. 422; 1855, 401.]

Ax Act lo amend an Act to regulate the Fisheries in Taunton Great River and New-

masket River.

1871, 258. Be it enacted, etc. ^ as follows : Sect. 1. That so
Huich of the fifth section of chapter four hundred and one of the acts
of the year eighteen hundred and fifty-five as provides that no shad
or alewives shall be taken in Taunton Great River above Berkle}' and
Dighton Bridge, between the hours of twelve o'clock in the night
following Thursda}' of each week, and four o'clock on Monday morn-
ing succeeding, from the first da^^ of March to the tenth da}- of June
in each year, including both of said daj's, is hereby repealed.

vSect. 2. Whoever catches any shad or alewives either in the New-
masket or Taunton Great River at any other season of the 3-ear than
between the first day of March and the fifteenth da}' of June, shall
forfeit for each shad five dollars, and for each alewive twenty-five
cents.

Sect. 3. This act shall take effect from and after the first day of
July next. — [May 9, 1871.

[1875, 71 ; 1876, 208 ; 1879, 83.]

[1869, 384.]
An Act in addition to an Act for encouraging the Cultivation of Useful Fishes.

1871, 281. Be it enacted, etc., as follows: Sect, 1. Whoever
takes any fish the capture of which is forbidden by any of the provis-
ions of chapter three hundred and eightj'-four of the acts of the year
eighteen hundred and sixty-nine shall, in addition to the penalties
therein prescribed, forfeit any boat, net, line, rod or other apparatus
used in such, capture, in all cases where such forfeiture is not already
provided for in said act.

Sect. 2. The proprietor of any unnavigable tidal stream, where
the same empties into salt water and in which fishes are lawfully cul-
tivated or maintained, shall control the fishery' of said stream within
his own premises ; and also beyond and around the mouth of said
stream so far as the tide may ebb : provided, it does not ebb more
than eighty rods ; and whoever fishes within the above described
limits without the permission of the said proprietor shall forfeit not
less than one dollar nor more than twenty dollars for the first offence,

326 LAWS RELATING TO

and not less than five nor more than fifty dollars for any subsequent
offence, and shall in addition forfeit any boat, net, line, rod or other
apparatus used in such illegal fishing. — [May 12, 1871.

[P. S. 91, sS^ 31, 61.]

An Act to limit the time for catching Alewives.

1871, 293. Be it enacted, etc., as follows: Section twenty-nine of

chapter three hundred and eighty-four of the acts of the year eighteen

hundred and sixt3'-nine is hereby amended by inserting after the word

'' shad," the words " or alewives," and also by adding after the word

"dollars," the words " and for each alewive twenty-five cents." —

May 15, 1871.

[P. S. 91, ^ 55.]

1872.

An Act to amend Chapter eighty-three of the General Statutes, in relation to the seizure

of Vessels with Shell-fish on board.

1872,46. Be it enacted, etc., as follows : Sect. 1. Section four-
teen of chapter eighty-three of the General Statutes is hereby

repealed.

Sect. 2. Section fifteen of said chapter is hereby amended by
striking out the word " four" in the first line, and , inserting in place
thereof the word " three."

Sect. 3. This act shall take effect upon its passage. — [February

27, 1872.

An Act to re-establish the Alewife and other Fisheries in the Towns of Bridgewater
West Bridgewater, East Bridgewater and Halifax.

1872,190. Be it enacted, etc., as follows: Sect. 1. The owners
and proprietors of the dams on the Town River in the towns of
Bridgewater and West Bridgewater, on the Satucket River in the
town of East Bridgewater, and on the Monponset River or brook in
the town of Halifax are hereby required to erect and maintain fish-
ways over or around said dams, and shall be subject to all the powers
given to the comraissioners on inland fisheries by chapter three hun-
dred and forty-four of the acts of the year eighteen hundred and
sixty-seven and chapter three hundred and eighty-four of the acts of
the year eighteen hundred and sixty-nine.

Sect. 2. No person shall take, catch, or cause to be taken or
caught by any means whatsoever, in any of said rivers or their tribu-
taries or the ponds out of which said rivers or tributaries flow, any of
the fish called herrings, alewives, or shad, until the first day of May
in the j^ear eighteen hundred and seventy-five.

Sect. 3. The inhabitants of the several towns named herein,
shall, at their annual town meetings in the year eighteen hundred
and seventy-five and annually thereafter, determine upon some place

INLAND FISHERIES. 327

on said rivers or their tributaries within their limits, where said fish
shall be taken, but neither of said towns shall establish more than
one place upon said rivers or tributaries iu the same year, where said
fish shall be taken, and no person shall take said fish in an}' other
place or places on said rivers or their tributaries than those estab-
lished as aforesaid ; and no person shall take said fish in anj^ of the
ponds out of which said rivers or tributaries flow.

Sect. 4. The commissioners on inland fisheries shall have full power
to regulate the da}' or days of the week upon which the inhabitants
of said towns shall take said fish, assigning to each of said towns
separate da3's for fishing, and no person shall take or cause to be
taken any of said fish at any other time or times than those which
shall be prescribed by said commissioners.

Sect. 5. The inhabitants of the several towns named herein, msiy
make all proper regulations concerning said fisheries, not in conflict
with the other provisions of this chapter, and the general laws relat-
ing to inland fisheries, and ma}' lease all or either of said fisheries
for a term not exceeding three years, or may otherwise dispose of the
same from year to year as they shall deem fit, but shall have no right
to release or sell the same.

Sect. 6. Any person offending against any of the provisions of
this act, shall forfeit for each offence a sum not less than five nor
more than thirty dollars, and shall be subject to all further penalties
in such cases as is by law made and provided.

Sect. 7. All other special laws relating to said fisheries upon said
rivers and tributaries are hereby repealed. — [April 12, 1872.

[1878, 32.]

Ax Act to protect and control the Alewife Fishery in Kingston.

1872, 218. Be it enacted, etc., as follows: Sect. 1. The owners
of dams on Jones's Rivei", Stony Brook and Smelt Brook in Kingston,
are required to erect and maintain fish-ways over or around said dams,
and shall be subject to all the powers given to the commissioners of
inland fisheries by chapter three hundred and thirty-four of the acts
of the year eighteen hundred and sixty-seven, and chapter three hun-
dred and eighty-four of the acts of the year eighteen hundred and
sixty-nine.

Sect. 2. The inhabitants of Kingston may make any pro{)er regu
lations concerning their fisheries and rights to fisheries in such streams,
and may lease all or either of said fisheries for a period not exceeding
five years, or may otherwise dispose of the same from year to year as
they shall deem fit, but shall have no right to release or sell the
same.

Sect. 3. For the purposes of the fifth, sixth and seventh sections

328 LAWS RELATING TO

of the acts of the year eighteen hundred and sixty-six, the fisheries
above named shall be considered fisheries created by the town of
Kingston.

Sect. 4. This act shall take effect upon its passage. — [April 17,
1872.

[Sp. Laws, vol. 1, p. 269.]
Ax Act relating to the Shad and Alewife Fishery in North River.

1872,229. Be it enacted, etc., as follows : Sect. 1. No shad or
alewives shall be taken in any part of North River in the county of
Plymouth, from the first day of March to the fifteenth day of June in
each year hereafter, including both of said days, excepting on Mon-
days, Tuesdays and Wednesdays of each week from sunrise to sunset
of said days, under the penalty provided for in section twenty-one,
chapter three hundred and eighty-four of the acts of the year eighteen
hundred and sixty-nine, one-half of the money recovered as a penalty
in any case arising under this law to be paid to the person making
the complaint in the case in which the same is recovered, and the
remainder to the Commonwealth.

Sect. 2. So much of section twenty-second, chapter three hun-
dred and eighty-four of the acts of the year eighteen hundred and
sixty-nine as provides that whosoever uses any sweep seine or com-
bination of sweep seines in such a manner as at any moment to close
or seriously obstruct more than two-thirds of the width of the stream
at the place where it is used, shall not apply to said North River :
provided, that no seine or combination of seines used in said river
shall exceed in length the width of the river where it is used : and
provided, also, that no person shall be allowed to use set-nets or gill-
nets on said river or its tributaries under the penalty prescribed in the
first section of this act. — [April 20, 1872.

[1876, 103; 1881, 44; 1883, 76; 1884, 199.]

Sp. Laws, vol. 1, p. 272.
An Act in relation to the Taking of Smelts and Pickerel in Merrimack River.
1872,235. Beit enacted, etc., as follows: Sect. 1. Nothing con-
tained in section twenty-one of chapter three hundred and eighty-four
of the acts of the year eighteen hundred and sixty-nine, shall be con-
strued to prevent the taking of smelts or pickerel or pickerel bait, in
the Merrimack River, between the first day of October and the
fifteenth day of April following. — [April 23, 1872.

[1878, 172; P. S. 91, ^39.]

[1826,54; 1851.77; 1856,285.]
An Act to protect the Fisheries in the Town of Edgartown.
1872,248. Be it enacted, etc., as follows : Sect. 1. No person
shall set, draw or stretch any seine or net of any kind in any of the

INLAND FISHERIES. 329

creeks, l)ays or inlets of the Great Pond, Sengekoutacket Pond, east
of Nathan's Island, Katama Bay, or in the harbor of Edgartown,
south of Chappequiddick Point, in said town, between the first day of
March and the first day of October, in each year; nor shall any
person not an inhabitant of said town at any time set, drag or
stretch any seine or net in any of the ponds or creeks of said town or
outlets thereof. The seining of menhaden and mackerel is exempted
from this act. This act shall be void as to Great Pond, if it shall
appear that no sufficient creek is kept open and maintained from said
[)ond to the sea ; and it shall be void as to Trap's Pond, if it shall
appear that no such creek is kept open and maintained from said
pond to the sea.

Sect. 2. Any person violating any provision of this act shall i»e
liable to a fine not exceeding throe hundred dollars for each offence.

Sp:ct. 3. Chapter two hundred and eighty-five of the acts of the
year eighteen hundred and fifty-six is hereby repealed. — [April 24,
1872.

[1869, 384.]
An Act for amending an Act for encouraging tlie Cultivation of Useful Fishes.

1S72, 290. Be it enacted, etc., as follows: Sect. 1. Section
thirty-one of chapter three hundred and eighty-four of the acts of the
year eighteen hundred and sixty-nine is hereby amended by striking
out the words " while fishing for herrings and alewives," and inserting
the following : " during the time and in the manner a person may
lawfully fish for herrings or alewives."

Sect. 2. This act shall take effect upon its passage; — [April 30,
1872.

1873.

An Act to protect the Oyster Fishery in Barlow River.

1873, 41. Be it enacted, etc., as folloios : Sect. 1. Whoever
takes any oysters from Barlow River, in the town of Sandwich, at
any time previous to the first day of October, eighteen hundred and
seventy-four, shall forfeit five dollars for each bushel and fraction of
a bushel so taken.

Sect. 2. The inhabitants of the town of Sandwich, at a legal
meeting called for the purpose, may make regulations concerning the
taking of oysters in said river after said first day of October; and
whoever takes any oysters from said river contrary to such regula-
tions, shall be subject to the same penalties as are provided in the
preceding section. The penalties provided in this act may be recov-
ered by complaint or indictment in any court of competent jurisdic-
tion.

330 LAWS RELATING TO

Sect. 3. This act shall take effect upon its passage. — [February
26, 1873.

An Act to extend the time within which Actions and Prosecutions under the laws
relating to Inland Fisheries may be commenced.

1873, 137. Be it enacted, etc., as folhnvs : Sect. 1. Section
thirty-two of chapter three hundred eight}- four of the acts of eighteen
hundred sixtj^-nine is amended by striking out the words "■ four
months," and inserting the words "one year" instead thereof.

Sect. 2. This act shall take effect on its passage. — [March 29,
1873.

[P. S. 91, § 103.]

Ax Act to regulate the leasing of great ponds for the purpose of Cultivating useful

Fishes.

1873, 195. Be it enacted, etc., as follows: Sect. 1. It shall be
the duty of the commissioners on inland fisheries in all cases where
application is made for the lease of an}' great pond for the purpose
named in section nine of chapter three hundred and eighty-four of
the acts of eighteen hundred and sixtj'-nine, to give notice of said
application to the town or city within whose limits said pond lies, and
of the time and place appointed for a hearing thereon.

Sect. 2. The several towns and cities in the Commonwealth are
authorized to take leases of any great ponds within their respective
limits, for the purpose of cultivating useful fishes, under such con-
ditions and restrictions as the commissioners on inland fisheries
may prescribe, and may make appropriations to carry out the pro-
visions of this act.

Sect. 3. This act shall take effect on its passage. — [April 15,
1873.

[P. S. 91, §§ 13, 14; 1885, 109.]

, [18^9, 384]

An Act in relation to the Smelt Fishery.

1873, 211. Be it enacted, etc., as follows: Sect. 1. Whoever
takes or catches any smelts with a net of any kind or in any other
manner than b}' naturally or artificially baited hooks and hand-lines,
shall forfeit for each smelt so taken or caught, the sum of twenty-five
cents : provided, that nothing herein contained shall appl}' to any
person catching smelts in any seine or net in Taunton Great River,
or to an}' person lawful!}' fishing for herrings or alewives in Dukes
County, or to any person lawfully fishing for perch or alewives in
Bass River or its tributaries in the towns of Yarmouth and Dennis,
or to any person lawfully fishing for perch, herring or alewives in
North River in Scituate, or in either branch of Westport River.

INLAND FISriEKIES. 331

Sect. 2. Section thirty-one of chapter three hundred eighty-four
of the acts of eighteen hundred sixty-nine is repealed. — [April 19,
1873.

[1873, 364.]

An Act in addition to an Act in relation to the Smelt Fishery.

1873, 364. Be it enacted, etc., as follows: Sect. 1. Whoever
takes any smelts with a net of any kind, or in any other manner than
by naturally or artiflcially baited hooks and hand lines shall forfeit
for each smelt so taken the sum of twenty-five cents : provided, that
nothing herein contained shall apply to any person catching smelts
in any seine or net in Taunton Great River or Dukes County during
the time and in the manner a person may lawfully fish for herrings or
alewives, or to any person lawfully fishing for perch or alewives in
Bass River or its tributaries in the towns of Yarmouth and Dennis,
or to any person lawfully fishing for perch, herring or alewives in
North River in Scituate, or in either branch of Westport River.

Sect. 2. Section one of chapter two hundred and eleven of the
acts of the year eighteen hundred and seventy-three is repealed. —

[June 11, 1873.

[1874, 153 ; P. S. 91, ^\ ,17-60.]

1874.

An Act to protect the Rights of Owners of Ponds.

1874, 82. Be it enacted, etc., as folloios: Sect. 1. Whoever
without the written consent of the proprietor or lessee of any natural
or artificial pond, the superficial area of which is not more than
twenty acres, takes an}' fish therefrom shall forfeit and pay a fine not
exceeding twenty-five dollars for every such offence, to be recovered
before an}' court having jurisdiction of such offence.

Sect. 2. No penalty under this act shall be incurred until such
proprietor or lessee has caused such pond to be measured, and such
measurement to be recorded in the town clerk's office in each town
within which such pond is situated, in the manner provided by section
eleven of chapter three hundred and eighty-four of the acts of eigh-
teen hundred and sixty-nine.

Sect. 3. This act shall take effect upon its passage. — [March
23, 1874.

[P. S. 91, ^ 24.]

An Act to prohibit Fishing in any Reservoirs, Ponds and Streams taken by the City
of Worcester for a supply of Pure Water.

1874, 86. Be it enacted, etc., as folloios: Sect. 1. No person shall

take any fish from any reservoirs, ponds and streams held or owned by

the city of Worcester for the purpose of supplying said city with pure

water, without the permission of the water commissioners of said

city, under the direction of the city council of said city.

332 LAWS RELATING TO

Sect. 2. Any person offending against the provisions of this act
shall forfeit and paj' a fine of not less than five dollars and not more
than fifty dollars, to be recovered by prosecution before any court of
competent jurisdiction. — [March 24, 1874.

Ax Act to amend an Act for encouraging the Cultivation of t^seful Fishes.

1874,131. Be it enacted, etc., as folio tcs: Sect. 1. Section one
of chapter three hundred and sixty of the acts of eighteen hundred
and sevent}-, shall not apply to the pond known as the Oyster Pond
in Dukes County.

Sect. 2. This act shall take effect upon its passage. — [April 1,

1874.

[1875, 115; P. S. 91, i^ 12,]

An Act in addition to an Act to regulate tbe-leasing of Great Ponds for the purpose of

cultivating useful Fishes.

1874, 135. Be it enacted, etc., as foUoios: Sect. 1. Any town
in this Commonwealth, raa}' either alone or joiuth' with any other
town, take a lease of any great pond for the purposes named in sec-
tion two of chapter one hundred and ninety-five of the acts of the
year one thousand eight hundred and sevent^'-three, and may make
approi)riations therefor.

Sect. 2. This act shall take effect upon its passage. — [April 1,
1874.

[P. S. 91, § 14; 1885, 109.]

[Sp. Laws, vol. 1, pp. 272, 296.]
An Act to regulate Fishing in the Connecticut and Merrimack Rivers.

1874, 144. Be it enacted, etc., as foUoios : Sect. 1. From and
after the passage of this act whoever takes or catches any shad or
alewives in an}- part of the Merrimack River or its tributaries h'ing
within this Commonwealth, except between sunrise on Monday morn-
ing and sunrise of Thursda}' morning of each week, from the first day
of March to the tenth day of June in each year, shall forfeit for each
alewive so taken, a sum not less than one nor more than five dollars,
and for each shad so taken, a sum not less than five' nor more than
twenty dollars.

Sect, 2. Whoever takes or catches anj- salmon in any part of the
Connecticut or Merrimack Rivers or their tributaries lying within
this Commonwealth, for a period of six years from and after the
passage of this act, shall be punished for each offence by a fine of not
less than fifty nor more than two hundred dollars, or by imprisonment
in the house of correction not less than two nor more than six months :
provided, that any person catching salmon when seining for other fish
and not retaining the same shall not be subject to the penalty provided
in this section.

INLAND FISHERIES. 333

Sect. 3. Whoever takes or catches any fishes within four hundred
yards of any fishwaj- now built or hereafter to be built on the Connec-
ticut River or its tributaries lying within this Commonwealth, or
trespasses within the limits of such fishway, shall forfeit for each
offence the sum of fifty dollars.

Sect. 4. Whoever uses any gill- net of any size or description in
the waters of the Connecticut or Merrimack Rivers or their tributaries
lying within this Commonwealth, shall forfeit for each offence the sum
of twenty-five dollars.

Sect. 5. Whoever takes or catches any fish in violation of the
provisions of this act shall in addition to the penalties herein pre-
scribed, forfeit any boat, net, line, rod or other apparatus used in
such taking or catching.

Sect. 6. If the major and aldermen of anj^ city or the selectmen
of any town, bordering on either the Connecticut or Merrimack
Rivers, shall neglect to appoint and fix the compensation of fish-
wardens within their respective cities and towns as now required by
law, the city or town in which such neglect occurs, shall forfeit a
sum not less than one hundred nor more than five hundred dollars. —
[April 7, 1874.

[P. S. 91, §§ 34, 37, 38, 43; 1882, 166; 1883, 31; 1884, 317.]

Ax Act in addition to Acts in relation to Smelt Fisheries.

1874, 153. Be it enacted^ etc., as follows: Sect. 1. Whoever
within this Commonwealth ofl!ers for sale or has in his possession any
smelt or smelts between the fifteenth day of March and the first day
of June in each year, shall forfeit for each and every smelt so sold,
offered for sale, or had in his possession, the sum of one dollar.

Sect. 2. Whoever takes or catches any smelt or smelts with a
net of any kind, or in any other manner than b}' naturally or arti-
ficially baited hooks and hand lines, shall forfeit for each smelt so
caught or taken the sum of one dollar : provided, that nothing con-
tained in this act shall apply to any person catching smelts in any
seine or net, within the limits of Bristol, Barnstable or Dukes
counties, during the time, and in the manner, a person may lawfully
fish fur perch, herring or alewives, or to any person oflTering for sale
or having in his possession smelts so caught, within those limits ; and
in all prosecutions under this act, the burden of proof shall be upon
the defendant to show that the smelt or smelts, the oflfering for sale,
possession, or catching of which is the subject of the prosecution,
were legally caught.

Sect. 3. The maj'or and aldermen of an}- city, the selectmen of
any town, and all police oflScers and constables within this Common-
wealth, shall cause the provisions of this act to be enforced within

334 LAWS RELATING TO

their respective cities and towns, and all forfeitures and penalties for

violations of the provisions of this act shall be paid, one-half to the

person making the complaint and one-half to the city or town in

which the offence is committed.

Sect. 4. All acts conflicting with this act are hereb}' repealed. —

[April 9, 1874.

[P. S. 91, ^§ 57-60.]

An Act to regulate the Shell-fisheries in the waters of Mount Hope Bay and its

tributaries.

1874,185. Beit enacted, He, as follows : Sect. 1. The select-
men of the towns of Swansea and Somerset, and the mayor and alder-
men of the city of Fall River may by a writing under their hands
grant a license for such a terra of years not exceeding five as the}' in
their discretion deem necessary and the public good requires, to any
inhabitant or riparian owner in said towns or cit}', to plant, cultivate
and dig clams, quahaugs and scollops, and other shell-6sh upon and
in any flats, shores, creeks and waters in their respective towns and
cit}', not however impairing the private rights of any person.

Sect. 2. Such license shall describe hy metes and bounds, the
flats, shores, creeks or waters so appropriated, and shall be recorded
by the town or city clerk, before it shall have any force, and the per-
son or persons licensed shall pay to the town or city two dollars and
to the clerk fifty cents.

Sect. 3. The person or persons so licensed and his or their heirs
and assigns shall for the purpose aforesaid have the exclusive use of
the flats, shores, creeks and waters described in the license during
the time specified therein, but such license shall not give any
authority to remove or disturb any sedge or thatch bordering on said
shore or flats, and may in an action of tort recover treble damages of
any person who without his or their consent digs or takes clams, qua-
haugs, or scollops, or other shell-fish, from such flats, shores, creeks
or waters during the continuance of the license.

Sect. 4. The towns of Swansea and Somerset and the mayor and
aldermen of the city of Fall River at any legal meeting called for the
purpose, may make such by-laws as they may from time to time deem
expedient to protect and preserve all shell fisheries within said towns
and city : provided, always, that no by-laws made as above shall
infringe upon the laws of the Commonwealth.

Sect. o. Whoever tak'es any shell fish from within the waters of
said towns of Swansea and Somerset and the city of Fall River in
violation of the by-laws established by said towns or city, or of the
provisions of this act, shall for every offence pay a fine of not less
than five or more than ten dollars, and costs of prosecution, and one
dollar for every bushel of shell fish so taken. Said fine and forfeiture

INLAND FISHERIES. 335

imposed under this act to be recovered l)y indictment or by complaint
before a trial justice in the county of Bristol. — [April 24, 1874.

[1875, 116.]

Ax Act for the protection of Trout, Land-locked Salmon and Lake Trout.
1874, 18G. Be it enacted^ etc., as foUoioa : Sect. 1. Whoever
takes or catches any trout, land-locked salmon or lake trout, within
the limits of this Commonwealth, or buys, sells or has in possession
the same taken within said limits between the twentieth day of August
and the twentieth da}- of March in each year, or takes or catches anj-
trout, land-locked salmon or lake trout with an^- net or salmon-pot, at
an}- season of the year, shall forfeit for each fisli so caught a sum not
less than five nor more than twenty dollars.

Sect. 2. The twenty-eighth section of the three hundred and eighty-
fourth chapter of the acts of eighteen hundred and sixt\--nine is
repealed. — [April 24, 1874.

[P. S. 91, ;j 51; 1884, 171.]

An Act in addition to an Act for the Protection of Fisheries in the Head-Waters of

Buzzard's Bay.

1874, 282. Be it enacted, etc., as follows: Sect. 1. The pro-
visions of chapter two hundred and forty-nine of the acts of eighteen
hundred and seventy, entitled " An Act for the protection of the fish-
eries in the head-waters of Buzzard's Ba}-," shall hereafter be appli-
cable to the waters north-westerly of, or within a straight line extended
from Angelica Point to the town of Mattapoisett, to the central point
of Ram Island, thence west in a straight line to the westerly town
line of Mattapoisett, from the twenty-fifth day of March to the fifteenth
day of Ma}- in each year.

Sect. 2. This act shall take effect upon its passage. — [May 29,
1874.

[P. S. 91, § 79; 1886, 192.]

1875.

An Act concerning the Shell-Fisheries of the Town of Brewster.
Be it enacted, etc., as foUotvs: Sect. 1. No person, except the
inhabitants of the town of Brewster, shall take any clams, quahaugs,
oysters or other shell-fish from within the waters of said town, with-
out a permit from the selectmen thereof, nor shall any inhabitant of
said town, at any one time, take more than three bushels of said fish,
including their shells, for bait or for the purpose of selling the same
without a permit from the selectmen of said town, who may grant the
same for such sum to be paid to the use of said town, as they shall
deem proper ; but the inhabitants of said town may take said fish for
family use without such permit.

336 LAWS RELATING TO

Sect. 2. Whoever takes anj^ shell-fish from within the waters of
said town of Brewster in violation of the provisions of this act, shall,
for every offence pay a fine of not less than five nor more than ten
dollars, and costs of prosecution, and also one dollar for every bushel
of shell-fish so taken, said fine and forfeiture imposed under this act
to be recovered by indictment or complaint before a trial justice in the
county of Barnstable. — [March 4, 1875.

[Sp. Laws, vol. 1, p. 296; 1869, 76.]

An Act to amend Chapter seventy-six of the Acts of the year eighteen hundred and
sixty -nine, relating to fishing in the Connecticut River.

1875,39. Be it enacted, etc., as folloivs : Sect. 1. Section one
of chapter seventy-six of the acts of the year eighteen hundred and
sixty-nine is hereby amended so that shad may be taken from the
Connecticut River with rod and line and artificially-baited hook at any
time between the fifteenth da^^ of March and the fii'st day of August
in each year.

Sect. 2. This act shall take eflfect upon its passage. — [March 8,

1875.

[1881, 47, §§1,3; P. S. 91, §^ 32, 40.]

An Act for the Preservation of the Eel Fishery in the Town of Mashpee.

1875, 60. Be it enacted, etc., as follows : Sect. 1. No person
shall take from Jehu's pond, so called, in the town of Mashpee, or
from the outlet therefrom more than three dozen of eels on any one
day without a permit in writing from the selectmen of said town.

Sect. 2. Whoever violates the provisions of this act shall forfeit
for ever}' eel taken in violation thereof, twent^'-five cents ; and all for-
feitures under this act shall be paid, one-half to the town of Mashpee,
and one-half to the complainant. — [March 20, 1875.

An Act concerning the Clam Fisheries in the Town of Winthrop.

1875,61. Be it enacted, etc., as follows : Sect. 1. No person not
an inhabitant of the town of Winthrop, shall take any clams from
within the waters of said town without a written permit from the
selectmen of said town : nor shall any person being an inhabitant of
said town at any one time, take any clams from within said waters
exceeding three bushels including their shells for bait or for the pur-
poses of selling the same without a permit from the selectmen of said
town ; who may grant the same for such sum to be paid to the use of
the town as the}- shall deem proper ; and the inhabitants of said town
may take clams for family use and for no other purpose without such
permit.

Sect. 2. Whoever takes any clams from within the waters of Win-
throp in violation of the provisions of this act shall for every otfence.

INLAND FISHERIES. 337

pay a fine of not less than five nor more than ten dollars and costs of
prosecution : said fine and forfeiture imposed under this act to be re-
covered by indictment or complaint l)efore any trial justice or an}^
court of competent jurisdiction within the county of Suffolk.

Sect. 3. This act shall take effect upon its passage. — [March 20,
1875.

[Sp. Laws, vol. 1, p. 422; ISSf), 401.]

An Act to amend an Act to regulate the Fisheries in Taunton Great River and

Nemasket River.

1875, 71. Be it enacted, etc., as folloios: Whenever any fishing

privilege is hereafter offered for sale agreeabl3"to the provisions of the

second section of chapter four hundred and one of the acts of the year

eighteen hundred and fift3'-five, or any act in amendment thereof, if no

offer of one hundred dollars or more is made for said privilege, the

mayor and aldermen of the cit}' or the selectmen of the town offering

the same for such sale ma}' refuse to accept any offer less than said

sum, and thereafterwards maj' sell or dispose of said privilege in such

manner as will best promote the interests of said city or town. —

[March 27, 1875.

[1876, 208 ; 1879, 83.]

An Act to authorize the Leasing of Great Ponds in Dukes County.

1875, 115. Be it enacted, etc., as follows: Sect. 1. The com-
missioners on inland fisheries may lease anj' great pond, exceeding
twenty acres in area, situated within the limits of Dukes Count}' :
provided, that the town, or towns wtthin which said pond lies shall,
after the notice now required by law, at a meeting called for that pur-
pose, assent to the granting of such lease.

Sect. 2. Chapter three hundred and sixty of the acts of the year
eighteen hundred and seventy is hereby repealed.

Sect. 3. This act shall take effect upon its passage. — [April lU,
1875.

P. S. 91, $ 12; 1885,109.]

[1874, 185.]
Ax Act concerning the Shell-Fisheries in the Towns of Swansea and Somerset.

1875, 116. Be it enacted, etc., as folloios : Sect. 1. Whoever,
within the limits of the towns of Swansea and Somerset violates any
of the provisions of section thirteen of chapter eight3'-three of the
General Statutes shall in addition to the penalty therein prescribed be
liable to a fine not exceeding ten dollars.

Sect. 2. The sheriff of Bristol Count}' or an}' of his deputies, or
any constable or selectman of the towns of Swansea and Somerset
may without a warrant arrest any person whom he finds in the act of
taking shell-fish from their beds in said towns in violation of the pro-

338 LAWS EELATING TO

visions of section thirteen of chapter eighty-three of the General
Statutes, or in the act of carrj'ing away therefrom any shell-fish so
taken, and detain him in some place of safe keeping until a warrant
can be procured against said person upon a complaint for said offence :
provided, that such detention without a warrant shall not exceed
twenty-four hours.

Sect. 3. The selectmen of the towns of Swansea and Somerset
may charge and receive in behalf of and for the use of said towns
such sum not exceeding thirty-five cents per bushel as they shall deem
proper for the permit to take shell-fish from their beds in said towns
as authorized b}- section thirteen of chapter eighty-three of the General
Statutes and the person or persons receiving the permit shall pa}' tlie
same according to the terms therein specified.

Sect. 4. Chapter one hundred and eighty-five of the acts of the
3'ear eighteen hundred and seventy-four is hereb}' repealed. — [April
10, 1875.

[1840,24; 1841,76.]
An Act to prohibit Seining of Fish in the Ponds on the Island of Nantucket.

1875, 180. Be it enacted, eic, as follows: Sect. 1. No person
shall set, draw or use any seine or net for taking fish in the great
ponds on the island of Nantucket.

Sect. 2. Any person violating this act shall, on conviction, pay a
fine of not less than twenty-five nor more than fifty dollars with for-
feiture of boats, nets and apparatus thus used, to be recovered before
any court of competent jurisdiction, for the use of the town of Nan-
tucket.

Sect. 3. This act shall take effect upon its passage. — [May 3,

1875.

[1876, 49.]

An Act in addition to an Act to regulate the Fishery in Palmer's River.

1875,201. Beit enacted, etc., as follows : Sect. 1. The sheriff
of Bristol County or any of his deputies, or an}' constable or fish-
warden of either of the towns of Swansea and Rehoboth, ma}' with-
out a warrant arrest any person whom he finds in the act of taking
herring, alewives or shad from the waters of Palmer's River in either
of said towns, in violation of the provision of chapter ninety-two of
the acts of the year eighteen hundred and fifty-two ; and may detain
him in a place of safe-keeping, until a warrant can be procured against
him upon a complaint for said offence : provided, that such detention
without a warrant shall not exceed twenty-four hours.

Sect. 2. Whoever violates the provisions of chapter ninety-two of
the acts of the year eighteen hundred and fifty-two, shall, in addition
to the forfeitures therein provided, forfeit the seines or nets so used.

INLAND FISHERIES. 339

Sect. 3. This act shall take effect upon its passage. — [May 10,
1875.

[1852, 66.]
Resolve relative to the Fisheries on the North River and its Tributaries.

1875, Res. 3G. Resolved, That the commissioners of inland fish-
eries are hereb}' required to make a full investigation into the con-
dition of the fisheries on North River in Plymouth County, and its
tributaries, and to recommend what legislation, if any, is necessary
concerning the same, to the next general court. — [April 15, 1875.

1876.

An Act to preserve the Eel Fisheries in Jones River, in the Tovi^n of Kingston.

1876, 32. Be it enacted, etc., as follows: Sect. 1. Whoever
takes, catches or destroys any eels in Jones River, in the town of
Kingston, in the county of Plj'mouth, in anj- other manner than by
spear or hook and line, shall forfeit for every eel so taken, not less
than one dollar nor more than five dollars, one-half of said fine to be
paid to the complainant.

Sect. 2. All fines or penalties for violating this act, with costs,
may be recovered in any court competent to try the same.

Sect. 3. This act shall take effect upon its passage. — [March 7,
1876.

An Act to preserve the Eel Fisheries in Eel River in the Town of Plymonth.

1876, 45. Be it enacted, etc., as follows: Sect. 1. WhocA^er
takes, catches or destroys any eels in Eel River in the town of Ply-
mouth, in the county of Plymouth, in any other manner than by spear
or hook and line, shall forfeit for every eel so taken not less than one
dollar, nor more than five dollars, one-half of said flue to be paid to
the complainant.

Sect. 2. Whoever wilfully places any obstruction, or otherwise
interferes with the free passage of eels in said river, shall forfeit a
sum not less than fifty nor more than one hundred dollars for each
offence.

Sect. 3, All fines or penalties for violating this act, with costs,
may be recovered in any court competent to try the same.

Sect. 4. This act shall take effect upon its passage. — [March 13,
1876.

[1840, 24; 1841, 76; 1875, 180.]

An Act to amend Chapter one hundred and eighty of the Acts of the year eighteen
hundred and seventy-five, relative to the Seining of Fish in Hummock Pond on the
Island of Nantucket.

1876,49. Beit enacted, etc., as follows : Sect. 1. Chapter one
hundred and eighty of the acts of the year eighteen hundred and

340 LAWS KELATING TO

sevent3'-five is hereb}' amended, so as to allow the inhabitants of Nan-
tucket to catch fish called alewives, or herring, with nets or seines, in
the Hummock Pond in said Nantucket, south of the bridge, from
March tenth to Ma}' thirty-first of each 3'ear inclusive. All fish caught
in seines or nets, excepting alewives or herring, shall be immediately
put back into said Hummock Pond. An}' person violating the provi-
sions of this act shall, on conviction, pay a fine according to section
two of said chapter.

Sect. 2. This act shall take effect upon its passage. — [March 16,
1876.

[1866, 238 ; 1869, 422.]

An Act concerning the obstructions to the passage of Fish in the tributaries of the Con-
necticut and Merrimack Rivers.

187G, 50. Be it enacted^ etc., as follows: Sect. 1. The provi-
sions of chapter two hundred and thirty-eight of the acts of the year
eighteen hundred and sixty-six, and of chapter four hundred and
twenty-two of the acts of the 3'ear eighteen hundred and sixt3'-uine,
are hereb}^ extended and shall apply to the tributaries of the Connecti-
cut and Merrimack rivers within this Commonwealth.

Sect. 2. This act shall take effect upon its passage. — [March 16,
1876.

An Act to authorize the Commissioners on Inland Fisheries to occupy Great Ponds for
the cultivation and distribution of useful Fishes.

1876,62. Beit enacted, etc., as follows : Sect. 1. The commis-
sioners on inland fisheries, as such commissioners, are hereby author-
ized to occup}', manage and control any great ponds within the limits
of the Commonwealth, not exceeding six in number, and not then
subject to lease from Ihem, for the purpose of cultivating useful fishes
and of distributing the same within the Commonwealth, subject to the
restrictions and limitations contained in chapter three hundred and
eighty-four of the acts of the year eighteen hundred and sixty-nine as
to leased ponds.

Sect. 2. Whenever said commissioners shall determine so to occupy
and improve an}- such pond, the}' shall post a notice of such purpose
in some public place in the town or towns in which said pond is
located, and shall file a like notice in the office of the town clerk of
said town or towns, and in the office of the secretary of state ; and
the affidavit of any oflBcer qualified to serve civil process that said
notice has been posted shall be deemed full proof of the same.

Sect. 3. From and after the time when said notice shall have been
filed and posted as above, said commissioners shall have all the rights
in respect to said pond as are secured to lessees of ponds from said

INLAND FISHERIES. 341

commissioners ; and any violation of an}- of said rights shall be sub-
ject to the penalties imposed by section nineteen of said chapter.
Sect. 4. This act shall take effect upon its passage. — [March 22,

1876.

[P. S. 91, §§ 17-19.]

[1872, 229.]

Ax Act to regulate the* taking of Fish in North River, in the County of Plymouth.

1876,103. Be it enacted, etc., as follows : Sect. 1. No person
shall fish with a net or seine in North River or any of its tributaries,
in tlic county of Plymouth, nor in any manner take or catch any shad,
salmon or alewives, until the first day of July in the year eighteen
hundred and eighty-one, under the penalty of five dollars for each shad
or alewife, and fifty dollars for every salmon so taken.

Sect. 2. An}^ net or seine, together with any boat, craft or fishing
apparatus used in violation of the provisions of this act, and all fish
unlawfully captured as hereinbefore mentioned, shall be forfeited to
the Commonwealth.

Sect. 3. This act shall take effect on the first day of July in the
year eighteen hundred and seventy-si. x:. — [April 6, 1876.

[1877, 109; 1884, 199.]

An Act requiring certain returns to the Commissioners on Inland Fisheries.

1876, 104. Be it enacted, etc., as follows: Sect. 1. The owner
or owners of every pound, weir, or other similar fixed contrivance, or
of any fishing pier, seine, drag or gill net used in any of the waters
of this state for fishing purposes, shall make written report, under
oath, to the commissioners on inland fisheries, on or before the first
day of October in each year, specifying the number of each kind of
edible fish caught by his or their respective pounds, weirs or other
similar fixed contrivances, piers, seines, drag or gill nets, during the
3'ear next preceding the date of said report.

Sect. 2. It shall be the duty of the commissioners on inland fish-
eries to furnish each owner or proprietor of any pound, weir or similar
fixed contrivance, pier, seine, drag or gill net, on or before the
fifteenth day of March in each 3'ear, with suitable blank forms for the
reports required by the preceding section, so arranged that each day's
catch maybe separatel}" recorded thereon; and in filling out such
reports, such owner or proprietor shall give the results of each day's
fishing so far as practicable ; and it shall be the duty of such owner
or proprietor to apply to the commissioners on inland fisheries for
such blank forms.

Sect. 3. Whoever knowingl}^ and wilfully violates any of the
provisions of this act shall be punished by a fine of not less than ten
nor more than cue hundred dollars.

342 LAWS RELATING TO

Sect. 4. This act shall take eflfect upon its passage. — [April 6,

1876.

[P. S. 91, ^^§ 73-7o.]

[1838, 19; 1844, 65; 1860, 89; 1863, 117.]
An Act in addition to an Act to regulate the Fishery in the Agawam and Half-Wa)'

Pond Rivers.

1876, 161. Be it enacted, etc., as follows: §ect. 1. The com-
mittee annually chosen b3'*the towns of Plymouth and Wareham to
make sale of the privileges of taking the fish called alewives and shad
in the Agawam and Half-Way Pond rivers in the county of Plymouth,
shall pay to each of the treasurers of said towns one-half part of the
whole amount of the money received by them from such sales, and all
promissory notes taken for said sales shall be made payable to each of
said treasurers in the proportion aforesaid.

Sect. 2. This act shall take effect upon its passage. — [April 21,
1876.

[1875, 71.]
An Act to regulate the Fisheries in Taunton Great River and Nemasket River.

1876, 208. Be it enacted, etc., as follows: Sect. 1. No shad or
alewives shall be taken in any part of Taunton Great River or Ne-
masket River between the hours of twelve o'clock in the night follow-
ing Thursda}- of each week and four o'clock on Monday- morning-
succeeding, from the first day of March to the tenth day of June of
each year, including both of said days.

Section five of chapter four hundred and one of the acts of the year
eighteen himdred and fifty-five, and chapter two hundred and fifty-eight
of the acts of the year eighteen hundred and seventy-one, are hereby
repealed.

Sect. 2. Not more than one seine shall be cast, set, swept or used
on said rivers, within the same limits or over the same ground and at
the same fishing place or location, nor shall any seine be cast, set,
swept or used within forty rods of any other seine. Any person vio-
lating this section shall pay a fine of not less than fifty nor more than
two hundred dollars, and whoever violates the provisions of the first
section, shall be liable to the penalties and forfeitures provided in said
chapter four hundred and one of the acts of the year eighteen hun-
dred and fift^'-five.

Sect. 3. This act shall take effect on the first day of July next. —
[April 28, 1876.

INLAND FISHERIES. 343

1877.

Ax Act to regulate the Fisheries in Lake Qiiaunapowitt, and in Saugus River and its

tributaries,

1877, l(i. Be it enacted, etc., as follows: Sect. 1. No person
shall fish with a net or seine in Lake Qnannapowitt, or in Saugus
Kiveror its tributary streams in the counties of Middlesex and Essex,
other than the one running from Flax Pond in the city of Lj'nn, nor
in any manner take or catch an}- shad, salmon or alewives in said
waters until the first day of January in the year eighteen hundred and
eighty-two, under the penalt}' of fifty cents for each ale wife, one dol-
lar for each shad, and ten dollars for each salmon so taken : provided,
that the several fish committees of the towns of Wakefield and Sau-
gus, or such person or persons as may be authorized by them, may
take such fish as ma}- be required to re-stock said river and its trib-
utaries.

Sect. 2. The several fish committees of the towns of Wakefield
and Saugus, or any member or members of said committees may
remove any and all nets, seines, weirs or other fishing apparatus, used
in violation of the provisions of this act.

Sect. 3. Any person who shall place or cause to be placed in the
waters of Lake Quannapowitt or of the Saugus River or any of its
tributaries, not herein exempted, or who shall cause to flow into said
waters any substance whereby the fish therein may be destroyed or
injured, or their passage hindered or obstructed, shall be punished by
a fine not exceeding fifty dollars for each oflfence.

Sect. 4. This act shall take effect upon its passage. — [February
16, 1877.

An Act to preserve the Eel Fisheries in Musquashuit Creek and its tributaries in the

Towns of Scituate and Cohasset.

1877, 26. Be it enacted, etc., as follows: Sect. 1. Whoever
takes, catches or destro3-s any eels in Musquashuit Creek or its trib-
utaries, in the towns of Scituate and Cohasset, in the counties of
Ph-mouth and Norfolk, in any other manner than b}' spear, or hook
and line, shall forfeit for every eel so taken, not less than one dollar
nor more than five dollars, one-half of said fine to be paid to the
complainant.

Sect. 2. Whoever wilfully places any obstruction, or otherwise
interferes with the free passage of eels in said creek or tributaries,
shall forfeit a sum not less than fift}' nor more than one hundred dol-
lars for each offence.

Sect. 3.- All fines or penalties for violating this act, with costs,
may be recovered in any court competent to try the same.

344 LAWS KELATING TO

Sect. 4. This act shall take effect upon its passage. — [February
21, 1877.

An Act to preserve the Eel Fisheries in Herring River and its tributaries in the Town

of Wellfleet.

1877, 42. Be it enacted, etc., as follozvs : Sect. 1. Whoever
talies, catches or destro^^s any eels in Herring River or its tributaries
in the town of Wellfleet, in the count}' of Barnstable, in any other
manner than by spear or hook and line, shall forfeit for ever}' eel so
taken not less than one dollar, nor more than five dollars ; one-half of
said fine to be paid to the complainant.

Sect. 2. Whoever wilfully places any obstruction or otherwise
interferes with the free passage of eels in said river or its tributaries
shall forfeit a sum not less than fift}' nor more than one hundred
dollars for each ofl'ence.

Sect. 3. All fines or penalties for violating this act, with costs,
may be recovered in an}' court competent to try the same.

Sect. 4. This act shall take effect upon its passage. — [March 10
1877.

An Act concerning the taking of Eels in certain Waters in the Town of Mattapoisett.

1877,66. Be it enacted, etc., as follows: Sect. 1. Whoever takes,
catches or destro}s any eels in Mattapoisett River or its tributaries,
in the town of Mattapoisett in the county of Plymouth, from the
Bridge at Town Mills to Mattapoisett Harbor, or in Barlow's Pond or
its tributaries, in said town, or in its outlet to the harbor, in any
other manner than by spear or hook and line, shall forfeit for every
eel so taken not less than one dollar nor more than five dollars ; one-
half of said fine to be paid to the complainant.

Sect. 2. All fines or penalties for violating this act, with costs,
may be recovered in any court competent to try the same.

Sect. 3. This act shall take effect upon its passage. — [March 19,
1877.

[1876, 103.]

An Act to amend Chapter one hundred and three of the Acts of the year eighteen
hundred and seventy-six, concerning the taking of Fish in North River in the County
of Plymouth.

1877,109. Beit enacted, etc., as follows: Sect. 1. Section one of
chapter one hundred and three of the acts of the year eighteen hundred
and seventy-six is hereby amended by striking out after the words
"North River" in the second line the words, "or any of its tribu-
taries."

Sect. 2. This act shall take effect upon its passage. — [April 6,
1877.

INLAND FISHERIES. 345

An Act to prohibit the Seining of Fish in Watnppa Pond in Fall River and Westport.

1877, 110. Be it enacted etc., as follows : Sect. 1. No person
shall set, draw or use any seine, net or trawl for the purpose of taking
fish of any kind in the Watuppa Pond, or any inlet or outlet thereof
in Fall River or Westport.

Sect. 2. Any person violating this act, or buying, selling or hav-
ing in possession anj- fish so taken, shall on conviction thereof pay
a fine of not less than ten dollars nor more than fift}' dollars, with
forfeiture of boats, nets and apparatus used in such taking, to be
recovered before any court of competent jurisdiction ; one-half of said
fine and forfeiture to be paid to the person making the complaint and
the remainder to the Commonwealth.

Sect. 3. This act shall take effect upon its passage. — [April 6,
1877.

An Act to amend an Act in relation to the Construction of Fish-weirs.
1877, 119. Be it eriactecl, etc., as folloios: Chapter fift}' of the
acts of the year eighteen hundred and fifty-six is hereby' amended b}-
adding the following section : Section 4. No person shall construct
or maintain an}' fish-weir within the tide-waters of this Common-
wealth unless authorized in the manner set forth in the first section
of this act, or from any island within said tide-waters without author-
ity in writing from the mayor and aldermen of every city, and the
selectmen of every town, distant not over two miles from said island.
An}- person who shall construct or maintain any weir in violation of
the provisions of this section shall forfeit the sum of ten dollars for
each da}' he shall maintain such weir, to be recovered in any court of
competent jurisdiction to the use of any cities or towns, from the
mayor and aldermen or selectmen of which he ought to have obtained
the authority aforesaid, and shall also l)e liable to be indicted there-
for and to be enjoined therefrom. — [April 10, 1877.

[P. S. 91, f 72.]

[Sp. Laws, vol. 2, p. 285 ; 1817, 151.]
An Act to regulate the taking of Fish in Monataquot River in the Town of Braintree.

1877,123. Be it enacted, etc., as follows: Sect. 1. The town of
Braintree may, at any legal meeting called for that purpose, make
regulations not inconsistent with the provisions of the general laws of
the Commonwealth concerning the taking of alewives and shad in
Monataquot River within said town, or concerning the disposal of the
privilege of taking the same, for its own use and benefit.

Sect. 2. Said town shall, at its annual meeting in March in the
year eighteen hundred and seventy-eight and in each year thereafter,
choose three discreet persons by ballot, whose duty it shall be to

346 LAWS RELATING TO

inspect said river, to cause ttie regulations respecting said fishery to
be carried into effect and to prosecute all violations thereof.

Sect. 3. No persons shall in anj wa}^ take or catch any shad or
alewives in said river until the first day of March in the year eighteen
hundred and seventv-eioht.

Sect. 4. Whoever takes from said river any of said fish in viola-
tion of the provisions of this •act, or of said regulations, shall forfeit
for each fish so taken not more than ten dollars nor less than one
dollar, one-half of said penalty to be paid to the complainant and the
other half to said town.

Sect. .5. Chapter one hundred and fifty-one of the acts of the
jear eighteen hundred and seventeen is hereby repealed.

Sect. (». This act shall take effect upon its passage. — [April 10,
1877.

An Act to regulate the Fisheries in the Weweantit River and its Tributaries, and for
stocking the same witli Shad and Alewives.

1877,141. Be it enacted, etc., as follows: Sect. 1. No person
shall take or catch an}' shad or alewives in the Weweantit River or its
tributaries in Plymouth Count}', for a period of five years from the
passage of this act, under a penalty of five dollars for each and every
shad taken, and fift\^ cents for each and every alewife taken in viola-
tion of this act, and forfeiture of all boats, seines, nets or other appa-
ratus for taking said fish, used in violation of the provisions of this
act : provided, however, that the several fish committees of the towns of
Wareham, Rochester and Carver, chosen annuall}-, shall have the right
to take or catch said fish in sufficient numbers for the purpose of
assisting in the stocking of said river and its ponds and tributaries,
and for no other purpose whatever.

Sect. 2. The provisions of law now in force, b}' which the fish
committees of the towns of Wareham, Rochester and Carver are
obliged annually in the month of March to give notice to the town
clerks and to sell at public vendue the right to take and catch alewives
at certain times and at certain places, each 3'ear, in the Weweantit
River, are hereby suspended for the period of five years from the
passage of this act.

Sect. 3. Any person or persons, compau}' or corporation who
shall cause or permit an}^ saw-dust or other obstruction to the free
passage of the said fish, or any drugs, dye-stuffs, acids, alkalies or
any other substance destructive of the life of shad or alewives, to be
deposited in or flow into said river or its tributaries at an}' time of the
year, shall pay a fine of twenty-five dollars for each and every offence
so committed.

INLAND FISHERIES. 347

Sect. 4. This act shall take effect upon its passage. — [April 20,
1877.

An Act in addition to an Act for encouraging the Cultivation of Useful Fishes.

1877, 180. Be it enacted, etc., as folloivs: Sect. 1. In all cases
where the commissioners on inland fisheries have leased or shall here-
after lease any great ponds in this Commonwealth for the cultivation
of useful fishes, the said commissioners may fix the limits of such
great ponds, and determine what arms, coves or bays of the same
shall be regarded as part of said great ponds ; and the limits of said
great ponds, so fixed and determined by said commissioners, and
recorded in the registr}- of deeds for the count}- where such ponds lie,
shall be taken to be the legal limits of said great ponds for all the
purposes of such case. The expense of fixing and recording such
limits shall be paid by the lessees.

Sect. 2. This act shall take effect upon its passage. — [Ma\- 4,
1877.

[P. S. 91, § 15.]

1878.

[1872, 190.]

An" Act to amend Chapter one hundred and ninety of the Acts of the year eighteen
hundred and seventy-two, relating to the Alewife and other J'isheries in the Towns of
Bridgewater, West Bridgewater, East Bridgewater and Halifax.

1878, 32. Be it enacted, etc., as follows: Sect. 1. Section three
of chapter one hundred and ninet}- of the acts of the year eighteen
hundred and sevent3'-tw() is hereb}' amended by adding after the word
" riow," at the end of said section, the following words: — "And it
shall be lawful for said towns to agree upon and take said fisli at one
common fishing place for all of said towns, upon either of said rivers
or their tributaries, within their limits or upon that portion of the
Taunton River within the limits of the town of Bridgewater ; to regu-
late the taking of said fish under the direction of said commissioners,
and to determine the manner in which the ex[)ense attending such
common fishing shall be apportioned between them, and to make all
necessary appropriations therefor."

Sect. 2. This act shall take effect upon its passage. — [March 2,
1878.

Ax Act concerning Shell Fish on the shores and fiats of Thompson's Island.
1878, 78. Be it enacted, etc., as follows: Sect. 1. Whoever
takes any shell fish from the shores or flats of Thom|)son's Island in
Boston Harbor without the permit of the managers of the Boston
Asylum and Farm School for Indigent Boys, or the chief of the police
of the city of Boston, shall for ever\' offence pay a fine of not less
than five dollars nor more than ten dollars, aud costs of prosecution ;

348 LAWS RELATING TO

said fine to be recovered by complaint before the municipal court of
the city of Boston.

Sect. 2. Any constable or police officer of the cit}' of Boston may
without a warrant arrest any person whom he finds in the act of taking
shell fish in violation of the provisions of the preceding section of this
act, or in the act of carrying away shell fish so taken, and detain him
in some place of safe keeping until a warrant can be procured against
such person upon a complaint for said offence : provided^ that such
detention shall not exceed twenty-four hours. — [March 23, 1878.

[1869, 384.]

An Act to amend Chapter three hundred and eighty-four of the Acts of the year

eighteen hundred and sixty-nine concerning the Cultivation of Fishes.

1878, 172. Be it enacted., etc., asfolloivs: Sect. 1. Whoever
uses an}' sweep seine in the waters of the Connecticut, Westfield,
Deerfield, Miller's, Merrimack, Nashua, or llousatonic rivers, or their
tributaries, naving a mesh which stretches less than five inches, shall
forfeit for the first oflfence twent^'-five dollars, and for ever}' subse-
quent offence fifty dollars ; and in each case shall also forfeit the
apparatus thus unlawfull}^ used, and the fish captured.

Sect. 2. Section twent^'-one of chapter three hundred and eighty-
four of the acts of thej^ear eighteen hundred and sixty-nine is hereby
repealed.

Sect. 3. This act shall take effect on the first day of December

next. — [April 23, 1878.

[P. S. 91, § 39.]

An Act for the better protection of the Oyster Fisheries in this Commonwealth.

1878, 179. Be it enacted, etc., as follows: Sect. 1. No person
siiall dig, lake or carry away any oysters by any method whatever,
from any flats or creeks, for which a license has been granted under
the provisions of section sixteen of chapter eighty-three of the General
Statutes, between sunset and sunrise. Any person holding a license
under the provisions of said section who shall violate the foregoing
provisions, shall upon conviction thereof, in addition to the penalties
hereinafter provided, forfeit his license together with the oysters re-
maining on the premises licensed, to the town or city granting the
same.

Sect. 2. An}^ person who shall violate any of the provisions of
this act, and any person who digs or takes any oysters from an}' flats
or creeks described in any license granted under the provisions of sec-
tion sixteen of chapter eighty-three of the General Statutes, during
the continuance of such license, without the consent of the person so
licensed, shall be punished by a fine not more than one hundred dollars,
or imprisonment in the house of correction not less than thirty days

INLAND FISHERIES. 349

nor more than six months, or by both said fine and imprisonment. One

half of said line shall be paid to the complainant and the other to the

count}' within whose jurisdiction the otTence was committed.

Sect. 3. This act shall take effect on the first do.y of June next.

— [April 24, 1878.

[P. S. 91, §§ 100, 101.]

[Sp. Laws, vol. 1, p. 191.]

Ax Act to preserve the Eel Fisheries in Ipswich River and its Tributaries in the Town

of Ipswich.

1878, 202. Be it enacted, etc., as follows: Sect. 1. Whoever
takes, catches or destroys any eels in Ipswich River or its tributaries,
in the town of Ipswich in the county of Essex, in any other manner
than by spear, or hook and line, shall forfeit for every eel so taken,
caught or destroyed, not less than one dollar nor more than five dol-
lars ; one-half of said fine to be paid to the complainant.

Sect. 2. All fines or penalties for violating this act, with costs,
may be recovered by complaint or action of tort in any court of com-
petent jurisdiction.

Sect. 3. This act shall take effect upon its passage. — [April 29,
1878.

[Sp. Laws, vol. 1, p. 296; 1874, 144.]
An Act to further regulate fishing in the Connecticut River.

1878,224. Be it enacted, etc., as follows : Sect. 1. Section three
of chapter one hundred and fortj'-four of the acts of the year eigh-
teen hundred and sevent3'-four, is hereby amended by striking out the
word " four," where it first occnrs in said section, and inserting in
lieu thereof the word " two."

Sect. 2. Whoever takes or catches any fish beyond two hundred
yards and within four hundred yards of any fish-wa}' now built, or
hereafter to be built on the Connecticut River or its tributaries l^'ing
within this Commonwealth in any other manner than by naturally or
artificially baited hooks and line, shall forfeit for each fish so taken or
caught the sum of twenty-five dollars.

Sect. 3. The limitation of time for catching black bass in the
Connecticut River or its tributaries, in this state, shall hereafter be
the same as that now fixed, or which shall hereafter be prescribed by
the legislature of Connecticut for taking black bass in said river in
that state.

Sect. 4. This act shall take effect upon its passage. — [May 3,

1878.

[P. S. 91, §^ 34, 56.]

350 LAWS RELATING TO

1879.

An Act to establish an Alewife Fishery in Eastham.

1879, 45. Be it enacted, etc., as follows: Sect. 1. The town of
Eastham is hereb}' authorized to make the necessary improvements
for the preservation and taking of alewives in the Great Pond, so
called, in the town of Eastham and the waters connected therewith
and the outlet therefrom to the sea, and may take land and do all
acts necessary for the purpose of establishing, protecting and regulat-
ing an alewife fishery in said waters.

8ect. 2. The said town of Eastham shall be liable to pay all
damages that shall be sustained in any way by any persons in their
property, in carrying into effect this act. If any person sustaining
damage as aforesaid, shall not agree with the selectmen of the town
upon the amount of damage to be paid therefor, he may have his
damage assessed and paid in the manner provided by law in respect
to land taken for highwa3's.

Sect. 3. Any fishery so created shall be deemed to be the property
of said town of Eastham, and said town may make any proper regula-
tions concerning the same, and may lease such fishery for a period
not exceeding five years, upon snch terms as may be agreed upon
between said town and the lessees of the same.

Sect. 4. No persons without the permission of said town or of
the lessees of said fishery shall take, kill or haul on shore any alewives
in the fishery so created by the town.

Sect. 5. Whoever violates any of the provisions of this act or any
of the regulations of the town regarding said fishery shall forfeit and
pay a sum not less than five nor more than fifty dollars for each
offence, to be recovered by prosecution before any court in the county
of Barnstable competent to try the same. Said forfeiture shall
accrue to the benefit of the inhabitants of the town.

Sect. 6. All prosecutions under the preceding section shall be in-
stituted within thirty days from the time the offence was committed.

Sect. 7. This act shall take effect upon its passage. — [February
21, 1879.

[Sp. Laws, vol. 1, p. 269; 1872, 229.]
An Act to protect the Eel Fisheries in North River and its Tributaries in the County

of Plymonth.

1879, 47. Be it enacted, etc., as follows: Sect. 1. Whoever
takes, catches or destroys any eels in North River or its tributaries,
in the county of Plymouth, in any other manner than by spear, or
hook and line, shall forfeit for every eel so taken, caught or destroyed,
not less than one dollar nor more than five dollars ; a half of said fine
to be paid to the complainant.

INLAND FISHERIES. 351

Sect. 2. Whoever wilfulh' places an}- obstruction, or otherwise
interferes with the free passage of eels in said river or its tributaries,
shall forfeit a sum not less than fifty nor more than one hundred dol-
lars for each offence.

Sect. 3. All fines or penalties for violating this act, with costs,
ma}' be recovered by complaint or action of tort in any court of com-
petent jurisdiction.

Sect. 4. This act shall take effect upon its passage. — [P'ebruary
21,1879.

[Sp. Laws, vol. 3, p. 98.]

Ax Act to amend Chapter forty of the Acts of the year eighteen hundred and three
relative to the privilege of taking certain Fish in Mystic River in Medford.

1879, 65. Be it enacted, etc., as follows: Sect. 1. Section three
of chapter forty of the acts of the j^ear eighteen hundred and three is
hereby amended by striking out the word " freeholders," in the third
line of said section, and inserting in place thereof the word " inhabi-
tants."

Sect. 2. This act shall take effect upon its passage. — [February
27, 1879.

[Sp. Laws, vol. 1, p. 422, 1855, 401.]

As Act for the better protection of the Shad and Alewife Fishery in Taunton Great

River.

1879,83. Be it enacted, etc., as folloivs : Any person who shall
wilfull}' drive or stick any stake in or upon any fishing ground or
privilege duly located in Taunton Great River, or who shall, by
throwing into the waters thereof any substance or thing, or in an}'
other manner, prevent, obstruct or impede any purchaser or pur-
chasers of such ground or privilege or their agents from seining or
fishing thereon at such time and manner as provided by law, shall
for each ott'ence be punished by a fine not exceeding ten dollars. —
[February 28, 1879.

Ax Act to amend Chapter eighty-three of the General Statutes regulating the taking

of Shell-fish.

1879, 105. Be it enacted, etc., as folloivs: Section twelve of
chapter eight^'-three of the General Statutes is hereby amended by
adding thereto at the end thereof after the word " annually," the
words " not exceeding in any week the quantit}' of two bushels
including shells."— [March 12, 1879.

[P. S. 91, § 94.]

An Act regulating the taking of Perch in the town of Plymouth.
1879, 110. Be it enacted, etc., as follows: Sect. 1. Whoever
takes or catches any white or red perch, except with naturally or

352 LAWS RELATING TO

artificial!}' baited hooks and lines, in any of the ponds or streams
within the limits of the town of Plj'mouth, shall for each offence for-
feit not less than two nor more than twent}' dollars.

Sect. 2. This act shall take effect upon its passage. — [March
12, 1879.

An Act for the protection of the Fisheries of Mill River and its Tributaries in the town

of Essex.

1879, 119. Be it enacted, etc., as follows: Sect. 1. The owners
and proprietors of dams on Mill River or Brook, in the town of Essex,
are hereby required to erect and maintain fishways over or around
said dams, and they shall be subject to all the powers given to the
commissioners on inland fisheries under the laws of the Common-
wealth.

Sect. 2. No person shall take, catch, or cause to be taken or
caught, b}' any means whatsoever, in said river or its tributaries, or
the ponds and connecting streams out of which said river and trib-
utaries flow, any of the fish called alewives or shad, nor any land-
locked salmon in said ponds and connecting streams, until the first
day of Ma}' in the year eighteen hundred and eighty-four.

Sect. 3. The inhabitants of the town of Essex may make all
proper regulations concerning said fisheries in said Mill River and its
tributaries, within said town of Essex, provided they do not conflict
with the general laws relating to inland fisheries.

Sect. 4. Any person oflfending against any of the provisions of
this act shall forfeit for each offence a sum not less than five nor
more than thirty dollars, and shall be sul)ject to all further penalties
in such cases as is bylaw made and provided. — [March 13, 1879.

An Act for the protection of the Eel Fisheries in the town of Edgartown.

1879, 122. Be it enacted, etc., as follows: Sect. 1. Whoever
takes, catches, or destroys any eels in any of the ponds or streams
within the town of Edgartown in any other manner than b}' pots,
spear, hand net, or hook and line, shall forfeit for every eel so taken,
caught or destroyed, not less than one dollar nor more than five dol-
lars ; a half of said fine to be paid to the complainant.

Sect. 2. All fines and penalties for violating this act, with costs,
may be recovered, by complaint or action of tort, in any court of com-
petent jurisdiction.

Sect. 3. This act shall take effect upon its passage. — [March 20,
1879.

An Act for the better protection of the Fisheiy of the Nine Mile Pond Fishing Company.

1879, 137. Be it enacted, etc., as folloios: Sect. 1. Whoever

takes or catches any alewives in Centreville River, so called, in the

INLAND FISHERIES. 353

town of Barnstable, between that part of said river where the mouth
of the canal of the Nine Mile Pond Fishing Company opens into the
same, and a point fifteen rods above said mouth, shall forfeit and pay
a fine of not less than five, nor more than fifty dollars for each offence.

Sect. 2. Nothing herein contained shall be construed to authorize
the taking of alewives bj^ any person between said mouth of said canal
and tide water.

Sect. 3. This act shall take effect upon its passage. — [March 21,
1879.

An Act to amend chapter forty-nine of the General Statutes, relating to the Inspection

and Packing of Fish.

1879, 171. Be it enacted, etc., as follows: Sect. 1. Section
thirty-six of chapter forty-nine of the General Statutes is hereb}^
amended by striking out all after the words " in half barrels contain-
ing each one hundred pounds " in the ninth and tenth lines and before
the words ''every cask" in the thirteenth line, and inserting the fol-
lowing words : " or in packages containing each less than one hundred
pounds, on which the number of pounds therein shall be plainly and
legibly branded."

Sect. 2. Section forty-seven of said chapter is hereby amended by
adding after the words "half barrel" the words "and all packages
less than one hundred pounds or more than fifty pounds, one-half
cent, and on all packages of fifty pounds and less, one quarter of a
cent each."

Sect. 3. The inspector-general of fish or some one deputy espe-
ciall}' thereto authorized by him for that purpose, shall have the right
to enter at all reasonable times, upon any wharf, and into any store,
warehouse or other place, where the packing of pickled fish is carried
on in this state, for the purpose of inspecting, examining and super-
vising the packing and inspecting of such fish, and to examine and
weigh an}- packages of such fish, for the purpose of ascertaining if the
same are fit for exportation, in accordance with the requirements of
the law.

Sect. 4. Sections forty and forty-one of said chapter are hereby
repealed.

Sect. T). This act shall take effect upon its passage. — [April 1,

1879.

[P. S. 56, § 25.]

Resolves concerning the Fishery Clauses of the Treaty of Washington.

1879, Res. 11. Resolved, That justice to the fishermen and to the

fishing interests of the country requires that articles eighteen and

twent3'-one of the treaty concluded between the United States and

the government of Great Britain on the eighth day of May, A. D.

354 LAWS RELATING TO

eighteen hundred seventy-one, should be terminated at the earliest
possible period.

Resolved, That a copy hereof be sent to each of our Senators and
Kepresentatives in Congress. — [February 27, 1879.

1880.

An Act to regulate Fishing in certain waters by Fish Pounds and other fixed apparatus.

1880,61. Beit enacted, etc., as follows : Sect. 1. From the first
day of May to the fifteenth da}- of June in each year no person
shall set, or permit to remain set, any fish pound, weir, trap, fyke or
other similar fixed apparatus for catching fish, except gill nets,
between the hours of six o'clock on Saturday morning and six o'clock
on the succeeding Sunda}^ evening, so as to catch any fish, in the
tidal waters of the count}' of Dukes Count}^ and of the count}' of
Bristol and of the towns of Mattapoisett, Marion and AYareham in
the county of Plymouth, and in the tidal waters on the westerly boun-
daries of the towns of Sandwich and Falmouth at and near Buzzard's
Bay,, and on that portion of the southerly boundar}' of the county of
Barnstable extending from the south-westerl}' corner of the town of
Falmouth easterly to Point Gammon in the town of Yarmouth.

Sect. 2. Whoever by himself or by his servants or agents, or as
the servant or agent of another, violates any of the provisions of this
act, shall be punished by a fine of not more than two hundred dollars
nor less than one hnndred dollars.

Sect. 3. One-half of the penalt}' paid on conviction shall be for
the use of the person commencing the prosecution whether bv com-
plaint or indictment.

Sect. 4. All prosecutions under this act shall be commenced
within three months after the offence committed and not afterwards.

Sect. 5. The provisions of this act shall not be construed so as to

permit fishing with such fixed apparatus where it is now forbidden by

law. — [March 5, 1880.

[P. S. 91, §J 76-78, 104.]

An Act to regulate the Taking of Salmon in this CommoTiwealth.
1880, 68. Be it enacted, etc., as follows: Sect. 1. Whoever takes
or catches any salmon in any of the waters of this Commonwealth for
a period of two 3'ears from and after the first da}' of April in the year
eighteen hundred and eighty shall be punished for each offence by a
fine of not less than fifty nor more than two hundred dollars, or by
imprisonment in the House of Correction not less than two nor more
than six months : provided, that any one catching salmon when law-
fully fishing, and immediately returning them alive to the waters
whence taken, shall not be subject to the penalty provided in this
section.

INLAND FISHERIES. 355

Sect. 2. Except as provided in the last clause of the preceding-
section, whoever takes or catches any salmon at any time in any of
the waters of this Commonwealth, except with naturally or artificially
baited hook and hand line, shall be punished, for each fish so taken or
caught, by a fine of not less than fifty nor more than two hundred
dollars. — [March 8, 1880.

[P. S. 91, ^^^ 45, 46.]

An Act relating to Salmon Trout.

1880,86. Be it enacted, etc., as follows : Sect. 1. The provi-
sions of chapter two hundred and twenty-one of the acts of the year
eighteen hundred and seventy-six shall not apply to the species of fish
known as salmon trout, provided the same have not been taken in an}''
of the waters of this Commonwealth.

Sect. 2. This act shall take effect upon its passage. — [March 11,

1880.

[P. S. 91, ^ 53.]

[1875, 115.]

An Act to repeal section one of Chapter one hundred and fifteen of the Acts of the year
eighteen hundred and seventy-five relating to the Leasing of Great Ponds in the
county of Dukes County.

1880,89. Be it enacted, etc., as follows: Sect. 1. Section one
of chapter one hundred and fifteen of the acts of the year eighteen
hundred and sevent\'-five relating to the leasing of great ponds in the
county of Dukes County is hereby repealed.

Sect. 2. This act shall take eflTect upon its passage. — [March 12,

1880.

[P. S. 91, J 12.]

[1815, 83 ; 1849, 37.]

An Act to authorize the towns of Dennis and Yarmouth to regulate the Salmon and

Trout Fishery in Bass River.

1880, 122. Be it enacted, etc., asfolloios: Sp:ct. 1. Section one
of chapter thirtj'-seven of the acts of the 3'ear eighteen hundred and
forty-nine, entitled " An Act to authorize the towns of Dennis and Yar-
mouth to regulate the fisheries in Bass River," is hereby amended
by inserting after the words " herrings or alewives and perch," the
words " salmon and trout ; " and after the words " Bass River," the
words "at the mouth thereof;" and section four of said chapter is
hereby amended by inserting after the words "herrings, alewives or
perch," the words " or salmon or trout," and by striking out of the
last line of said section four the word " twenty," and insertino- in lieu
thereof the word "forty."

Sect. 2. This act shall take etfect upon its passage. — [March 19,
1880.

356 LAWS RELATING TO

An Act to authorize the Selectmen of Towns and the Boards of Mayor and Aldermen
of Cities in the Commonwealth to control certain Fisheries within said towns and
cities.

1880,200. Beit enacted, etc., as follows: Sect. 1. The select-
men of all towns and the board of maj^or and aldermen of cities
within the Commonwealth shall have full power when so instructed
bv said towns and cities to control and resrulate the taking: of eels,
clams, quahaugs and scallops within their respective towns and
cities, including ponds which are now or ma}- hereafter be leased by
the fish commissioners under chapter three hundred and eight3'-four of
the acts of the 5"ear eighteen hundred and sixt3--nine ; and ma}' grant
permits prescribing the times and methods of taking eels and the shell
fish above named within their said towns and cities, and may make
such other regulations in regard to said fisheries as the}' may deem
wise and expedient. But the inhabitants of any city or town, with-
out such permit, may take from the waters of their own or other cities
and towns, eels and the shell fish above named for their own family
use ; and from the waters of their own towns they make take any of
the shell fish above named for bait, not exceeding three bushels,
including shells, in any one day, but subject nevertheless to the gen-
eral rules prescribed by the selectmen of towns and the boards of
mayor and aldermen in cities as to the times and methods of taking
said fish.

Sect. 2. Whoever takes any eels or any of the shell fish men-
tioned in the preceding section without such permit, and in violation
of this act, shall on conviction pay a fine of not less than three
nor more than fifty dollars and costs of prosecution ; said fine and
forfeiture imposed under this act to be recovered by indictment or
complaint before any trial justice or any court of competent jurisdic-
tion within either of said counties.

Sect. 3. All acts and parts of acts inconsistent with this act are
hereby repealed.

Sect. 4. This act shall take effect upon its passage. — [April 17,

1880.

[P. S. 91, §§ 68, 69.]

1881.

An Act to amend section one of Chapter one hundred and four of the Acts of the year
eighteen hundred and seventy-six, relating to certain Returns to the Commissioners
on Inland Fisheries.

1881, 28. Be it enacted, etc., as follows: Sect. 1. Section one

of chapter one hundred and four of the acts of the year eighteen

hundred and seventy-sis, is hereby amended by striking out the

word " first," before the word " day," in the sixth line in said section,

and inserting the word " twentieth."

INLAND FISHERIES. 357

Sect. 2. This act shall take effect upon its passage. — [February

23, 1881.

[P. S. 91, § 73.]

[1860, 91.]
Ax Act to ameud " An Act to incorporate the Nine-Mile Pond Fishing Company."

1881,32. Be it enacted, etc., as follows: Sect. 1. Chapter
ninety-one of the acts of the year one thousand eight hundred and
sixty, entitled " An Act to incorporate the Nine-Mile Pond Fishing
Company," is amended in the sixth line of section two by inserting
after the word " outlet," the words "or the stream leading from said
outlet to the sea."

Sect. 2. The rights of riparian owners shall not be affected by
this act.

Sect. 3. This act shall take effect upon its passage. — [February
23, 1881.

[1872, 229 ; 1876, 103.]
A.\ Act to regulate the tailing of Fish in North River in the County of Plymouth.

1881,44. Be it enacted, etc., as follows : Sect. 1. The inhabi-
tants of the town of Pembroke are hereby permitted to take fish at
the weir where they have usually caught them, on the North River, so
called, or stream leading to the Indian Ponds, so called, in said town,
on any secular day of the week, and at any hour of the day, and at
no other time.

Sect. 2. No person or persons shall take fish from the stream
leading from said North River to the said Indian Ponds, or streams
tributary to the North River, excepting at the weir above mentioned,
at any time between the tenth day of April and the fifteenth day
of May inclusive, of each year.

Sect. 3. The selectmen or committee for the time being, of the
town of Pembroke, shall, from the first running of alewives, after the
tenth da}'^ of April in each year, take and deposit alive, in good con-
dition, in Indian Ponds in said Pembroke, not less than ten thousand
alewives, so they may cast their spawn in said ponds ; and the expense
of the same shall be borne in equal shares by the towns of Pembroke,
Marshfield, Scituate and South Scituate, and said towns are hereby
permitted to raise money for the same.

Sect. 4. It shall be lawful for the inhabitants of the several
towns on North River to take fish on Mondays, Wednesdays and
Fridays of each week, from April first to June first inclusive, of each
year, with ten seines only in the manner following, to wit : The towns
of South Scituate, Scituate and Pembroke shall each have the right
of disposing at public auction for their own benefit, of the privilege
of catching fish with two seines only, and the town of Marshfield the

358 LAWS RELATING TO

right of disposing at public auction for tlieir own benefit, of the priv-
ilege of catching fish with four seines only, in the river aforesaid.

Sect. 5. It shall be lawful for the inhabitants of the town of
Hanson to take fish from Indian Head River on Mondays, Wednes-
days and Fridays of each week, from April first to June first inclusive,
of each year : provided, said inhabitants shall not be allowed to take
fish at any time from said Indian Head River within eighty rods of
the mouth of said river.

Sect. 6. Any person or persons who may by seine or mesh net take
fish from the said North River, except such persons as have authority
under this act, shall be punished for each offence by a fine not less than
twenty-five nor more than one hundred dollars, or by imprisonment in
the house of correction not less than one nor more than three months.

Sect. 7. Chapter two hundred and twenty-nine of the acts of
the year eighteen hundred and seventy -two, and all other acts and
parts of acts inconsistent with this act, are hereby repealed.

Sect. S. This act shall take effect upon its passage. — [March 2,
1881.

[1883, 76; 1886, 163.]

[1842, 75.]

An Act to amend the " Act to incorporate tlie Long Pond Fishing Company in Yar-
mouth."

1881,46. Be it enacted, etc., as follows: Sect. 1. The act to
incorporate the Long Pond Fishing Company in Yarmouth, being
chapter seventy-five of the acts of the year eighteen hundred and
forty-two, is hereby amended as follows: — In the first section,
seventh line, after the word, " alewive," insert the words " and white
perch." In the second section, second line, after the word "ale-
wives," insert the words " or white perch ;" after the word " ponds,"
in the third line of said section, insert the words " or Parker's River ; "
after the words "so made," in said line, the words "or within five
hundred yards from the mouth of said river ; " and in the fifth line of
said section, strike out the word " two," and insert in lieu thereof the
word " twenty ; " and in the eighth line of said section, strike out the
word "five," and insert the word " fifty."

Sect. 2. The right of riparian owners shall not be aflJected by
this act.

Sect. 3. This act shall take eflfect upon its passage. — [March 2,
1881.

[Sp. Laws, vol. 1, p. 296.]
An Act to amend the law regulating Fishing in Connecticut River and its tributaries.
1881,47. Be it enacted, etc., as follows : Sect. 1. Any person
who shall take or aid or assist in taking from the Connecticut River

INLAND FISPIERIES. 359

or any of its tributaries, within the limits of this Commonwealth, any
shad or alewives at any other time than between the fifteenth day of
March and the first day of July in each year, shall forfeit and pay
for each offence the sum of one hundred dollars.

Sect. 2. Section three of chapter seventy-six of the acts of the
year eighteen hundred and sixty-nine is hereby amended by striking
out the words " fifteenth day of June in each year, the meshes whereof
are less than five," in the eighteenth and nineteenth lines, and insert-
ing the words " first day of July in each year, the meshes whereof
are less than two," in place thereof.

Sect. 3. Chapter three hundred and sixty-nine of the acts of the
year eighteen hundred and seventy, and all acts and parts of acts
inconsistent with this act, are hereby repealed.

Sect. 4. This act shall take effect upon its passage. — [March

2, 1881.

[P. S. 91, §§ 32, 40.]

Ax Act authorizing the ditching of South Beach in Edgartown, adjacent to Great Pond,
and relative to the Fislieries in said pond.

1881, 75. Be it enacted, etc., as foUoivs : Sect. 1. The lessees
holdino; from the commissioners of inland fisheries a lease of Great
Pond and Job's Neck Pond in the town of Edgartown, may, with the
permission of the owners of the land, cut through the beach known as
the South Beach, lying lietween the waters of Great Pond and the
ocean, and maintain ditches and dams to regulate the flow of water
between said pond and the ocean.

Sect. 2. Commissioners may be appointed, who shall be disinter-
ested persons, in accordance with the provisions of section three of
chapter one hundred and forty-eight of the General Statutes, who
shall have all the powers conferred by said chapter and the acts in
amendment thereof and in addition thereto, during and after the ter-
mination of said lease, notwithstanding any previous right of fishery.
Said commissioners may direct and control the opening and closing of
the channel across said beach, and the exercise of all rights conferred
b}' the preceding section of this act.

Sect. 3. Said lessees shall have the right of fishery in said Great
Pond according to the terms of their lease, under the laws limiting
and defining the rights of such lessees, notwithstanding any statutes
heretofore in force specially regulating the fisheries in said pond.

Sect. 4. This act shall take effect upon its passage. — [March 8,
1881.

360 LAWS RELATING TO

[Sp. Laws, vol. 1, pp. 272, 296.]

An Act relative to the taking of Fish from the Merrimack and Connecticut Rivers and

their tributaries.

1881,103. Be it enacted, etc., as follows: Sect. 1. Nothing in
the provisions of chapter two hundred of the acts of the year eighteen
hundred and eighty shall be construed as giving authority to take or
catch fish of any kind within four hundred yards of any fishway on
the Merrimack River or its tributaries, or within two hundred yards of
any fishway on the Connecticut River or its tributaries, lying within
this Commonwealth.

vSect. 2. This act shall take eflfect upon its passage. — [March 17,

1881.

[P. S. 91, { 68.]

[Sp. Laws, vol. 1, p. 272.]
An Act to regulate Fishing in the Merrimack River.

1881, 104. Be it enacted, etc., as follows: Sect. 1. Whoever
takes or catches any shad or alewives in an}- part of the Merrimack
River, or its tributaries, lying within this Commonwealth, except
between sunrise on Monday morning and sunrise on Friday morning,
of each week, from the first day of March to the last day of May,
inclusive, in each year, shall forfeit for each alewife so taken a sum
not less than one dollar nor more than five dollars, and for each shad
so taken a sum not less than five nor more than twent}' dollars.

Sect. 2. Whoever uses a net of any kind or description in the
Avaters of the Merrimack River, or its tributaries, lying within this
Commonwealth, from the first daj' of June in each3'ear to the last day
of Februar}' in the year next succeeding, inclusive, shall forfeit for
each offence the sum of twenty-five dollars.

Sect. 3. Section one of chapter one hundred and fortj'-four of the
acts of the year eighteen hundred and seventy-four is hereb}' repealed.

Sect. 4. This act shall take effect upon its passage. — [March 17,

1881.

[P. S. 91, §§ 33, 36.]

An Act to incorporate the Sesuet Cranberry Company.

1881,801. Be it enacted, etc., as follows : * * * *

Sect. 3. Said corporation shall provide, for the passage of the

fish of the Flax Pond Fishing Compau}^, a fishway to be constructed

and regulated as the commissioners of inland fisheries may direct, —

[May 13, 1881.

[Accepted May 27, 1881.]

INLAND FISHERIES.

3fil

11.

12.
13.

14.

Il3.

17.
IS.
19.
20.

Section

1. Laws relating to inland fisheries.

2. Comnaissioners, how appointed, etc.

3. Each commissioner may enforce the laws,
etc.

4. Commissioners may examine dams and
fishways, prescribe changes, etc.

5. shall give notice to certain owners, how.

6. Penalty for not keeping fishway open at
prescribed times.

V. Commissioners may build or alter fish-
ways, etc.

8. Compensation to owner of land taken.

9. Commissioners may enter on land, etc.
10. Riparian owners of small ponds to have

exclusive fishery.

Great ponds public.

Commissioners may lease great ponds.

to appoint a time and place for a hear-
ing, before making such lease.
Towns may take such leases.
15. Commissioners may fix limits of ponds
leased or to be leased.

to have custody of leases, and enforce
provisions.

may occupy not over six great ponds.

to post notices of such occupation, etc.

their rights in such cases.

may take fish for fish culture at any time.

21. County commissioners to measure great
ponds.

22. Selectmen may measure great ponds,
when,

23. How riparian owners on small ponds may
obtain exclusive fishery in certain cases.

24. Penalty for taking fish in certain ponds.

25. Riparian owners may enclose waters of
streams not navigable.

26. Ownership of fishes artificially propa-
gated.

27. Penalty for fishing where fish are artifi-
cially propagated.

28. What tidal streams to be deemed navi-
gable.

29. Governor may define tidal bounds and
mouths of streams.

30. may limit times of fishing in certain
waters.

31. Owners of unuavigable tidal streams to
control fishery thereof, etc.

32. Rule as to shad and alewife fishery in
Connecticut River.

.33. as to shad and alewife fishery in Merri-
mack River.

34. Fishing near fishways in Connecticut
River forbidden.

35. in Merrimack River forbidden.

36. with nets in Merrimack River between
certain dates forbidden.

Public Statutes, Chap. 91.
Of Inland Fisheries and Kelp.
Section

37. Fishing with gill-nets in Connecticut or
Merrimack Rivers forbidden.

38. Penalties.

39. Meshes of sweep-seines used in certain
waters to be of certain size.

40. Rules as to weir and seine fishing in Con-
necticut River.

41. Rules as to fishing with sweep-seines.

42. Fish-wardens to be appointed in towns on
Connecticut and Merrimack Rivers.

43. Penalty for neglect.

44. for poisoning fish with Indian cockle,
etc.

45. Fishing for salmon prohibited till certain
date. Penalty.

46. Penalty for taking salmon after said date,
except with hook and line.

47. for taking salmon between certain dates.

48. for taking fish, except with hook and
line.

49. Guardian responsible, if minor takes
trout, except, etc., when.

50. Prosecutions under preceding section
limited.

51. Penalty for taking trout, etc., between
certain dates.

52. for obstructing stream with salmon-pot.

53. for selling, etc., trout, etc., between cer-
tain dates.

54. Town officers to see to enforcement of
preceding section.

55. Penalty for taking shad, etc., excei)t, etc.

56. for taking black bass, except, etc.

67. for selling, etc., smelts between certain
dates, etc.

58. for taking smelts except with hook and
line.

59. Prohibition not to extend to certain coun-
ties, etc.

tiO. Town oflicers to see to enforcement of
sections fifty-seven and fifty-eight.

61. Forfeiture of boat and apparatus, when.

62. Keepers of fish-markets, etc., to give in-
formation of unlawful taking. Penalty.

63. Towns may open ditches, etc., to create
herring fisheries.

64. shall own such fisheries.

65. Penalty for fishing in such fisheries with-
out permission.

66. Prosecution limited.

67. Rights under contracts, etc., not affected.

68. Town officers may regulate fishing for
certain fish.

69. Penalties.

70. Town officers may authorize fish-weirs.

71. Penalty for injuring such fish- weirs.

72. Fish-weirs not to be constructed without
authority.

362

LAWS RELATING TO

Section

73. Owners of fish weirs, etc., to make returns
of fish caught.

74. Commissioners to furnish hlauk forms for
returns.

75. Penalties.

76. Prohibition of fish-weirs, etc., in certain
waters between certain dates.

77. Penalty.

78. Prosecution limited.

79. Prohibition of seines, weirs, etc., in certain
waters of Buzzard's Bay. Penalties.

80. Seines, etc., so used declared nuisances.

81. Penalty for taking lobsters between cer-
tain dates.

82. for having lobsters in possession, etc.

83. Town officers to see to enforcement of two
preceding sections.

84. Penalty for selling, etc., small lobsters.

85. Disposition of penalty.

86. Prohibition of taking lobsters in certain
waters.

87. Boundaries defined.

88. Penalty where certain 8tatut«8 have been
adopted.

89. Prohibition of taking lobsters in waters
of Provincetown, unless, etc.

Section

90. Penalty.

91. Boundaries defined.

92. Penalty for taking too many lobsters, etc.,
in Buzzard's Bay.

93. for unlawfully destroying oysters.

94. Selectmen may give permits to take
oysters.

95. Penalty for taking other shell-fish, except,
etc.

96. Indians not included in prohibition.

97. Town officers may grant licenses.

98. Boundaries to be defined.

99. Rights of persons licensed.

100. Oysters not to be taken between sunset
and sunrise.

101. Penalty for taking oysters from licensed
flats without permission.

102. No shell-fish, except, etc., to be taken in
Chatham, etc.

103. Prosecutions under this chapter limited.

104. Disposition of penalties.

105. Special laws not to be deemed repealed,
etc.

KELP AND SEAWEED.

106. Kelp, etc., adrift.

Section 1. All laws relating to the culture, preservation, capture,
or passage of fish shall be known as the laws relating to inland fish-
eries.

Sect. 2. There shall be a board of commissioners on inland fish-
eries, consisting of three persons appointed by the governor by and
with the consent of the council, each for the term of five years from
the time of his appointment. The present members shall continue to
hold their oflflces during the terms for which they were appointed. Any
member of the board shall be removable at the pleasure of the gov-
ernor. Vacancies in the board by the expiration of the terms of ser-
vice or otherwise shall, from time to time, be filled in like manner and
for like terms of time.

Sect. 3. Each of the commissioners may., personally or by deputy,
enforce all laws regulating inland fisheries ; and may seize and remove,
summarily if need be, all illegal obstructions to the passage of migra-
tory fish, except dams, mills, or machinery, at the expense of the
persons using or maintaining the same.

Sect. 4. The commissioners may examine all dams upon rivers
where the law requires fish ways to be maintained, and shall determine
whether the fishways, if any, are suitable and sufficient for the pas-
sage of the fish in such rivers ; and shall prescribe by an order in
writing what changes or repairs, if any, shall be made therein, and at
what times the same shall be kept open, and give notice to the owners
of the dams accordingly. :

INLAND FISHERIES. 363

Sect. o. Such notice shall be given to the proprietors of dams
upon the Connecticut and Merrimack Rivers and their tributaries by
serving upon them a copy of the order; and a certificate of the com-
missioners that such service has been made shall be deemed sufficient
proof thereof.

Sect. 6. Anj- owner of such a dam who refuses or neglects to
keep open or maintain a fish way at the times prescribed b}' the com-
missioners shall forfeit fifty dollars for each day of such refusal or
neglect.

Sect. 7. When either of the commissioners finds that there is no
fishway or an insufficient fishway in or around a dam where the law
requires a fishwaj' to be maintained, he may, in his discretion, enter
with workmen and materials upon the premises of the person required
to maintain a fishway there, and may at such person's expense
improve an existing fishwa}', or cause one to be constructed if none
exists, and may take, if necessary, the land of any other i)erson not
obliged by law to maintain said fishway ; and when a fishway has
been constructed in accordance with the provisions of this section,
the commissioners shall not require the owner of the dam to alter
the same within five years from the completion thereof.

Sect. 8. The commonwealth shall pa}' all damages occasioned bj'
taking land as provided in the preceding section, and such damages
shall upon the application of either pai't}' be estimated in the manner
provided in relation to land taken for highways ; and said expense
shall be a charge against the person required by law to construct
and maintain such fishwa}-, to be recovered in an action of contract
in the name of the commonwealth, with costs and interest at the rate
of twelve per cent, per annum.

Sect. 9. Each of the commissioners mav, in the discharo;e of his
duties, enter upon and pass through or over private property without
rendering himself liable in an action for trespass.

Sect. 10. The riparian proprietors of any pond, the area of which
is not more than twenty acres, and the proprietors of any pond or
parts of a pond created by artificial fiowing, shall have exclusive con-
trol of the fisheries therein existing. 1869, 384, §§ 7, 12. 119 Mass. 300.

Sect. 11. The fishery of any pond, the area of which is more
than twenty acres, shall be public, except as hereinafter provided ; and
all persons shall, for the purpose of fishing, be allowed reasonable
means of access to the same, without rendering themselves liable to
an action for trespass.

Sect. 12. The commissioners, or any two of them, may, in the
name of the commonwealth, lease any great pond, exceeding twenty
acres in area, for the purpose of cultivating useful fishes, for such
periods of time and on such terms and conditions as mav seem to

364 LAWS EELATING TO

them most for the public good ; and the lessee of such pond may
occupy a portion not exceeding one-tenth part thereof with enclosures
and appliances for the cultivation of useful fishes ; but this shall not
affect an}' public rights to such pond, other than the right of fishing ;
and the appliances and enclosures used by the lessee shall be so
placed as not to debar ingress to or egress from such pond at proper

places. 1885, 109.

Sect. 13. Before making such lease, the commissioners shall
appoint a time and place for a hearing upon the application therefor,
and shall give notice thereof to every city or town within whose limits
any part of the pond lies. i873, 195, § 1.

Sect. 14. A city or town, either alone or with another city or
town, may, for the purpose of cultivating useful fishes, and under
such conditions and restrictions as the commissioners may prescribe,
take a lease of a great pond situated either wholU' or partly within
its limits, and may appropriate money therefor.

Sect. 15. The commissioners may fix the limits of any great pond
heretofore leased or hereafter to be leased b}' them, and determine
what arms, coves, or ba3'S shall be regarded as a part thereof; which
limits, being recorded in the registry of deeds for the county or dis-
trict where such pond lies, shall be taken to be the legal limits thereof
for all the purposes of this chapter. The expense of fixing and re-
cording such limits shall be paid b}- the lessee.

Sect. 16. The commissioners shall have the custody of all such
leases, and ma}' cause aii}^ agreements, rights, reservations, forfeitures,
and conditions therein contained to be enforced, and for that purpose
may institute proceedings in the name of the commonwealth, and may
take possession of an}' premises for breach of condition of such lease,
and after revesting the commonwealth therewith may again lease the
same. isse, 243.

Sect. 17. The commissioners ma}- occupy, manage, and control
any great ponds, not exceeding six in number, and not leased by
them, for the purpose of cultivating useful fishes, and of distributing
the same within the commonwealth, subject to the restrictions and
limitations contained in section twelve.

Sect. 18. When the commissioners determine so to occupy and
improve any such pond, they shall post a notice of such purpose in
some public place in the town or townis in which said pond is situ-
ated, and shall file alike notice in the office of the town clerk or clerks
of said town or towns, and in the office of the secretary of the common-
wealth ; and the affidavit of an officer qualified to serve civil process
that such notice has been posted shall be deemed full proof of the
same.

Sect. 19. From and after the time when such notice has been so

INLAND FISHERIES. 365

filed and posted, the commissioners shall have all the rights in respect
to such pond which are secured to lessees of ponds from them ; and
any violation of anj^ of said lights shall be punished as provided in
section twenty-seven.

Sect. 20. The commissioners may take or cause to be taken any
fish at any time or in any manner for purposes connected with fish
culture or scientific observation.

Sect. 21. The county commissioners for each county shall, upon
the request and at the expense of any party claiming to be interested
in any great pond, cause the same to be measured in the month of
July, and such measurement when determined shall be recorded in the
town clerk's oflSce of each town within which such pond is situated ;
and no arm or branch shall be included as a part of a pond, unless it
is at least fifty feet in width and one foot in depth.

Sect. 22. The selectmen of a town may measure ponds wholly
within the town in the manner provided in the preceding section, and
such measurement shall be recorded in the town clerk's office.

Sect. 23. A pond not more than twenty acres in area, bounded
in part by land belonging to a town or county, shall only become the
exclusive property of the individual proprietors as to the fisheries
therein upon payment to the town treasurer, county commissioners,
or state treasurer, of a just compensation for their respective rights
therein, to be determined by a board of three persons, one of whom
shall be one of the riparian proprietors of said pond, one the chairman
of the board of selectmen, if the rights of a town are in question, or
of the countj' commissioners, if the rights of a county or the common-
wealth are in question, and one to be appointed by the commissioners
on inland fisheries.

Sect. 24. Whoever without the written consent of the proprietor
or lessee of a natural pond, the area of which is not more than
twenty acres, or of an artificial pond of any size, in which fish are
lawfully cultivated or maintained, takes any fish therefrom, shall for-
feit a sum not exceeding twenty-five dollars for every such offence.

Sect. 25. A riparian proprietor may, within the limits of his own
premises, enclose the waters of a stream not navigable, for the culti-
vation of useful fishes : provided^ he furnishes a suitable passage for
migratory fishes naturally frequenting such waters.

Sect. 26. Fishes artificially propagated or maintained shall be the
property of the person propagating or maintaining them ; and a per-
son legally engaged in their culture and maintenance may take them
in his own waters at pleasure, and may have them in his possession
for purposes properly connected with said culture and maintenance,
and may at all times sell them for these purposes, but shall not sell
them for food at seasons when their capture is prohibited by law.

366 LAWS RELATING TO

Sect. 27. Whoever without the permission of the proprietors
fishes in that portion of a pond, stream, or other water in which
fishes are lawfullj^ cultivated or maintained, shall forfeit not less
than one dollar nor more than twenty dollars for the first oflence,
and not less than five nor more than fifty dollars for any subsequent
offence.

Sect. 28. For the purposes of this chapter, no tidal stream shall
be considered navigable above the point where, on the average
throughout the year, it has a channel less than fort}' feet wide and
four feet deep during the three hours nearest the hour of high tide.

Sect. 29. The governor, with the advice and consent of the coun-
cil, may, for the purposes of this chapter, arbitraril}' fix and define
the tidal bounds and mouths of streams upon recommendation of the
commissioners on inland fisheries. i869, 384, § it.

Sect. 30. The governor may in like manner limit or prohibit, for
a period not exceeding five years at a time, fishing in the navigable
tidal waters and in the unnavigable waters of specified streams, except
in such portions as ma}- be enclosed according to provisions of section
twenty-fiA'e ; and whoever fishes in streams where the right of fishing
is thus limited or prohibited shall forfeit for the first off'ence ten dol-
lars, and for every subsequent offence fifty dollars, and shall in addi-
tion forfeit all fish taken and apparatus used.

Sect. 31. The owner of an unnavigable tidal stream, where the
same empties into salt water, and in which fishes are lawfully culti-
vated or maintained, shall have the control of the fishery thereof
within his own premises, and also be3'oud and around the mouth of
the stream so far as the tide ebbs, provided it does not ebb more
than eight}' rods ; and whoever fishes within these limits without
permission of such owner shall forfeit not less than one dollar nor
more than twent}^ dollars for the first offence, and not less than
five nor more than fift}' dollars for any subsequent offence ; and
shall in addition forfeit any boat and apparatus used in such illegal
fishing.

Sect. 32. Whoever takes or aids in taking from the Connecticut
River or its tributaries any shad or alewives between the first da}' of
July and the fifteenth day of March shall forfeit one hundred dollars
for each offence.

Sect. 33. Whoever takes any shad or alewives in any part of the
Mei'rimack River or any tributary thereof, except between sunrise on
Monday morning and sunrise on Friday morning, from the first day
of March to the thirty-first day of May, shall forfeit for each alewife
80 taken not less than one dollar nor more than five dollars, and for
each shad so taken not less than five nor more than twenty dollars.

1882,166; 1884,317.

INLAND FISHERIES. 367

Sect. 34. Whoever takes any fish within two hundred yards of
an}' fishwa}' on the Connecticut River or its tributaries, or trespasses
within the limits of such fishway, shall forfeit fifty dollars for each
offence. And whoever takes any fish beyond two hundred and within
four hundred 3'ards of an}- such fishwa}-, in any other manner than by
artificial!}' or naturall}' baited hook and line, shall forfeit twent3'-flve
dollars for each fish so taken.

Sect, 35. Whoever takes any fish within four hundred yards of
any fishway on the Merrimack River, or trespasses within the limits
of such fishwa}', shall forfeit fifty dollars for each offence.

Sect. 36. Whoever from the first day of June to the last day of
February inclusive uses a net of any description in the waters of the
Merrimack River or any tributary thereof shall forfeit twenty-five
dollars for each offence. isss, si.

Sect. 37. Whoever uses a gill-net of any description in the waters
of the Connecticut or Merrimack River or an}' tributary thereof shall
forfeit twenty-five dollars for each offence. i874, U4, §4.

Sect. 38. Whoever takes any fish in violation of section thirty-
three, thirty-four, or thirty-seven, shall, in addition to the penalties
therein prescribed, forfeit any boat and apparatus used.

Sect. 39. Whoever uses in the Connecticut, Westfield, Deerfield,
Miller's, Merrimack, Nashua, or Housatonic River, or any tributary
thereof, a sweep-seine having a mesh which stretches less than five
inches, shall forfeit twenty-five dollars for the first offence, and fifty
dollars for every subsequent offence ; and in addition shall forfeit all
fish taken and apparatus used.

Sect. 40. Whoever between the fifteenth day of March and the
first day of July sets or uses, or aids in setting or using, in the Con-
necticut River, a pound, weir, or set net the meshes whereof are less
than two inches in extent, or at any time between sunset on Satur-
day evening and sunrise on Monday morning sets or draws, or aids
in setting or drawing, a seine for the purpose of taking fish in said
river, and any person owning or controlling in whole or in part a
pound, weir, or set net of any description, placed in said river, who
between sunset and sunrise as aforesaid fails to keep the same open
and free for the passage of fish, in such manner as to satisfy the com-
missioners of inland fisheries, shall forfeit to the treasurer of the
commonwealth four hundred dollars for each offence ; and, in addi-
tion, such pounds, weirs, and set nets shall be forfeited.

Sect. 41. Whoever uses a sweep-seine or combination of sweep-
seines in such a manner as at any moment to close or seriously ob-
struct more than two-thirds of the width of a stream at the place
where it is used, or delays or stops in paying out or hauling a
sweep-seine, or hauls a sweep-seine within one-half mile of a point

368 LAWS KELATING TO

where such seine has been hauled within an hour, shall forfeit twenty-
five dollars for the first offence, and fifty dollars for any subsequent
offence, and in addition shall forfeit all fish taken and apparatus
used ; but this section shall not appl}- to seines used in the smelt
fisheries, or to the fisheries for shad or alewives in the Taunton Great
River. i884, 199.

Sect. 42. The mayor and aldermen of cities and the selectmen
of towns bordering on the Connecticut or Merrimack River shall
appoint and fix the compensation of one or more suitable persons as
fish-wardens within their respective cities and towns, who shall,
respectively, make complaint of all offences under sections thirty-
two, thirty-five, and forty.

Sect. 43. A city or town whose mayor and aldermen or selectmen
neglect to appoint and fix the compensation of one or more such fish-
wardens shall forfeit not less than one hundred dollars nor more than
five hundred dollars.

Sect. 44. Whoever puts or throws into any waters for the pur-
pose of taking or destroying fish therein any Indian berry or Indian
cockle or other poisonous substance, whether the same is mixed with
anj' other substance or not, shall forfeit ten dollars for every such
offence.

Sect. 45. Whoever takes a salmon before the second day of April
in the year eighteen hundred and eighty-two shall be punished for
each offence by fine of not less than fift}^ nor more than two hundred
dollars, or by imprisonment in the house of correction for not less
than two nor more than six months ; but a person catching a salmon
when lawfully fishing, and immediately returning it alive to the
waters from which it was taken, shall not be subject to such penalty.

Sect. 46. Except as provided in the last clause of the preceding
section, whoever takes a salmon at any time after the time limited in
the preceding section otherwise than with naturally or artificially
baited hook and hand-line shall be punished by fine of not less than
fifty nor more two hundred dollars for each fish so taken.

Sect. 47. Whoever at any time after the first day of April in the
year eighteen hundred and eighty-two takes a salmon between the
first day of August and the first day of May, and whoever at any
time buys, sells, or has in his possession a salmon taken in this com-
monwealth between the first day of August and the first da^^ of Ma}',
shall forfeit for each offence not less than ten nor more than fifty dol-
lars ; and whoever at any time buys, sells, or has in his possession a
young salmon less than one foot in length shall forfeit five dollars for
every such salmon.

Sect. 48. Wlioever takes any fish which at any season frequent
fresh water, except eels and pickerel, and except as otherwise allowed

INLAND FISHERIES. 369

in this chapter, in an}' other manner than by artificially or naturally
baited hook and hand-line, hand or dip net, sweep-seine, or salmon-
pot, shall forfeit not less than five nor more than fifty dollars : pro-
vided^ however, that towns may permit the use of set nets for taking
herring and alewives.

Sect. 49. If a minor takes a trout in any other manner than by
hook and line, his guardian shall be liable to a forfeiture of one dollar
for each-trout so taken ; but this section shall not extend to anj^town
unless section two of chapter eighty-three of the General Statutes or
this section has been adopted thereby.

Sect. 50. All prosecutions under the preceding section shall be
instituted within thirty days from the commission of the oflTence.

Sect. 51. Whoever takes a trout, land-locked salmon, or lake
trout between the first day of October and the first day of April, or
buys such fish taken in this commonwealth between said dates, or
takes a trout, land-locked salmon, or lake trout with a net or salmon-
pot at an}' season of the year, shall forfeit not less than five nor more
than twenty dollars for each fish so taken. * i8S4, i7i.

Sect. 52. Whoever at any time obstructs with a salmon-pot more
than ouQ-half of a waterfall, channel, or rapid, or sets, uses, or main-*
tains a salmon-pot the diameter of which is more than two feet, or
who, when the taking of salmon is forbidden by law, sets, uses, or
maintains any salmon-pot whatever, shall forfeit ten dollars for the
first off"ence, and twenty dollars for every subsequent offence ; and in
addition shall forfeit all fish taken and the salmon-pot used. i884, i7i.

Sect. 53. Whoever sells, or offers or exposes for sale, or has in
his possession, a trout, land-locked salmon, or lake trout, except
alive, between the first day of October and the first da}' of April,
shall forfeit for every such fish taken in this commonwealth between
said dates ten dollars ; and the possession of any such fish between
said dates shall be prima facie evidence to convict. i884, in.

Sect. 54. The mayor and aldermen of evei'y city, the selectmen
of every town, and all police officers and constables, shall cause the
provisions of the preceding section to be enforced in their respective
cities and towns ; and all forfeitures and penalties for violations
thereof shall be paid one -half to the person making the com-
plaint and one-half to the city or town in which the offence was
committed .

Sect. 55. Whoever takes shad or alewives, except in the Con-
necticut, Taunton Great, Nemasket, and Merrimack Rivers, and their
tributaries, in any other manner than by naturally or artificially
baited hook and hand-line, on any day of the week but Monday,
Wednesday, Friday, and Saturday, and whoever takes shad except in
the Connecticut River, or alewives, between the fifteenth day of June

370 LAWS RELATING TO

and the first day of March, shall forfeit for each shad five dollars,
and for each alewife twent^'-five cents.

Sect. 56. Whoever takes a black bass between the first da}' of
December and the first day of July, or at any time except with natu-
rally' or artiflciaily baited liook and hand-line, or buys, sells, or has
in possession any such fish taken in this commonwealth between said
dates, or otherwise than as allowed in this chapter, shall forfeit for
each offence not less than two nor more than twenty dollars : provided,
however, that this limitation of time shall not be applicable to the
Connecticut River or its tributaries.

Sect, 57. Whoever sells or offers or exposes for sale or has in
his possession a smelt between the fifteenth day of March and the
first day of June shall forfeit one dollar for every such smelt taken
in this commonwealth between said dates ; and the possession of an}'
smelt between said dates shall be prima facie evidence to convict.

Sect. 58. Whoever takes a smelt in any other manner than b}'
artificially or naturally baited hook and hand-line shall forfeit one
dollar for each smelt so taken ; and in all prosecutions under this
section the burden of proof shall be upon the defendant to show that
smelt or smelts taken by him, the catching of which is complained of,
were legally caught.

Sect. 59. The two preceding sections shall not apply to smelts
taken in a seine or net, in the counties of Bristol, Barnstable, or
. Dukes County, during the time and in the manner in which fishing is
allowed for perch, herring, or alewives.

Sect. 60. The mayor and aldermen of every cit3\ the selectmen
of ever}' town, and all police oflflcers and constables, shall cause the
provisions of sections fifty-seven and fifty-eight to be enforced in
their respective cities and towns ; and all forfeitures and penalties for
violations thereof shall be paid one-half to the person making the
complaint and one-half to the city or town in virhich the offence was
committed.

Sect. 61. Whoever takes any fish in violation of sections twenty-
seven, thirty, forty-seven, forty-eight, fifty-one, fifty-five, fifty-six,
and efty-eight, shall in addition to the penalties therein provided
forfeit the boat and apparatus used.

Sect. 62. Every superintendent, clerk, or other person, having
charge of a market, provision store, or other place where fish are sold,
and having reasonable cause to believe that any fish taken in viola-
tion of law has been offered for sale on such premises,' shall immedi-
ately give information thereof to a constable or trial justice in the
city or town where said premises are situated ; and for each neglect
so to do shall be punished by fine of not leas than five nor more than
fiftv dollars.

INLAND FISHERIES. 371

Sect. 63. A cit}' or town may open ditches, sluiceways, or canals,
into an}' pond within its limits, for the introduction and propagati-m
of herrings or alewives. and for the creation of fisheries for the same ;
and the land for opening such ditches, sluiceways, or canals within
such cit}' or town ma^' be taken according to the provisions of the
statutes which regulate and limit the taking of land for highways.

Sect. 64. A city or town creating such fishery shall own the
same, and may make an}^ pi'oper regulations concerning it, and may
lease it for a period not exceeding five years, upon such terms as may
be agreed upon. And a town may lease for a like period, and upon
like terms, any fishery now owned by it, or any public fishery which
has heretofore been i-egulated and controlled by such town.

Sect. 65. Whoever takes, kills, or hauls on shore any herrings or
alewives in a fishery created by a city or town, without the permission
of such city or town or of its lessees, or in a fishery created by a
corporation without the permission of such corporation, shall forfeit
not less than five nor more than fifty dollars.

Sect. 66. All prosecutions under the preceding section shall be
instituted within thirty days from the commission of the oflence.

Sect. 67. Nothing contained in the four preceding sections shall
be held to impair the rights of any person under any law passed
before the twenty-fifth day of April in the year eighteen hundred and
sixty-six, or to deprive any person of any right under any contract
then existing, or to authorize a city or town to enter upon or build
canals or sluiceways into a pond which is the private property of an
individual or corporation.

Sect. 68. The mayor and aldermen of cities and the selectmen
of towns, when so instructed bj' their cities and towns, may control
and regulate the taking of eels, clams, quahaugs, and scallops within
the same, including ponds which are now or may hereafter be leased
by the commissioners ; and may grant permits prescribing the times
and methods of taking eels and the shell-fish above named within
such cities and towns, and make such other regulations in regard to
said fisheries as they may deem expedient. But any inhabitant of
the commonwealth, without such permit, may take, from the waters
of his own or any other city or town, eels and the shell-fish above
named for his own family use ; and may take from the waters of his
own city or town any of the shell-fish above named for bait, not
exceeding three bushels, including shells, in any one day, but subject
nevertheless to the general rules prescribed by the mayor and aider-
men and selectmen respectively as to the times and methods of taking
such fish. Nothing herein contained shall be construed as allowing
the taking of any kind of fish in violation of section thirty-four or
thirty-five.

372 LAWS RELATING TO

Sect. 69. Whoever takes any eels or an}' of said shell-fish without
such permit, and in violation of the preceding section, shall forfeit
not less than three nor more than fifty dollars.

Sect. 70. The mayor and aldermen of a city and the selectmen
of a town Ijdng upon tide water ma}' authorize in writing any person
to construct fish-weirs in said waters within the limits of such city or
town for a term not exceeding five years : provided^ such weirs cause
no obstruction to navigation, and do not encroach on the rights of
other persons.

Sect. 71. Whoever wilfully destroys or injures any such weir, or
takes fish therefrom without leave of the owner, shall forfeit a sum
not exceeding twenty dollars, to the use of the owner ; and shall,
moreover, be liable to the party injured in an action at law.

Sect. 72. Whoever constructs or maintains a fish-weir in tide-
water without the authority mentioned in section seventy, or from
an island in tide-water without authority in writing from the mayor
and aldermen of every city and the selectmen of every town distant
not over two miles from said island, shall forfeit ten dollars for each
day he maintains such weir, to the use of any cities or towns from the
mayor and aldermen or selectmen of which he ought to have obtained
the authority aforesaid ; and he shall also be liable to be indicted
therefor, and to be enjoined therefrom.

Sect. 73. The owner of every pound, weir, or other similar fixed
contrivance, and of every fishing pier, seine, drag or gill net used for
fishing purposes, shall make written report, under oath, to the com-
missioners, on or before the twentieth day of October in each year,
specifying the number of each kind of edible fish caught by his pound,
weir, or other similar fixed contrivance, pier, seine, drag or gill net,
during the year next preceding the date of said report.

Sect. 74. The commissioners shall furnish to each owner of a
pound, weir, or similar fixed contrivance, pier, seine, drag or gill net,
on or before the fifteenth day of March in each year, suitable blank
forms for the reports required by the preceding section, so arranged
that each day's catch may be separately recorded thereon ; and in
filling out such reports, such owner shall give the results of each
day's fishing, so far as practicable. Such owner shall apply to the
commissioners for such blank forms.

Sect. 75. Whoever knowingly and wilfully violates any of the
provisions of the two preceding sections shall be punished by fine of
not less than ten nor more than one hundred dollars.

Sect. 76. From the first day of May to the fifteenth day of June,
no person shall set, or permit to remain set, a fish pound, weir, trap,
fyke, or other similar fixed apparatus for catching fish, except gill
nets, between the hours of six o'clock on Saturday morning and six

INLAND FISHERIES. 373

o'clock on Sunday evening, so as to catch fish in the tidal waters of
the counties of Dukes Count}' or Bristol, of the towns of Mattapoisett,
Marion, or Wareham, of the westerly boundaries of Sandwich and
Falmouth at and near Buzzard's Bay, or of that portion of the south-
erly boundary of the county of Barnstable extending from the south-
westerly corner of the town of Falmouth easterly to Point Gammon
in the town of Yarmouth.

Sect. 77. Whoever violates any of the provisions of the preceding
section shall be punished by fine of not less than one hundred nor
more than two hundred dollars.

Sect. 78. All prosecutions under section seventy-six shall be
commenced within three months after the commission of the oflTence.

Sect. 79. Whoever draws, sets, stretches, or uses a drag net, set
net, purse, or seine, or constructs, maintains, or uses a fish pound,
weir, or yard in the waters of Buzzard's Bay northerly of or within a
straight line extended from the entrance to the harbor in West Fal-
mouth to Bird Island light, thence in a straight line to Great Neck
Point on the Marion shore, or in any bay, cove, inlet, or stream bor-
dering on or flowing into said waters within said limits, or from the
twenty-fifth day of March to the fifteenth day of May, in the waters
north-westerly of or within a straight line extending from Angelica
Point in Mattapoisett to the central point of Ram Island, and thence
west in a straight line to the westerly town line of Mattapoisett, or
aids in doing so, shall forfeit not less than twenty nor more than
one hundred dollars, to the use of any person suing therefor in an
action of tort ; and shall also be punished by imprisonment in the
house of correction not exceeding sixty days, or by fine of not less
than ten nor more than one hundred dollars, one-half of which shall
be paid to the person making the complaint, and the other half to the
county within which the offence was committed ; and in addition
shall forfeit to the commonwealth all fish taken, and the boat, seine,
and other apparatus used. isse, 192.

Sect. 80. Nets and seines in use, set or stretched and holding
fish, in violation of the preceding section, are declared to be common
nuisances.

Sect. 81. Whoever from the twentieth day of June to the twen-
tieth day of September takes a lobster shall be punished for each of-
fence by fine of not less than ten nor more than one hundred dollars,
or by imprisonment in the house of cori'ection for not less than one
nor more than three months ; but a person catching a lobster when
lawfull}^ fishing, and immediately returning it alive to the waters from
which it was taken, shall not be subject to such penalty. 1882, 98.

Sect. 82. AVhoever from the twentieth day of June to the twen-
tieth day of September buys, sells, or has in his possession a lobster

374 LAWS RELATING TO

taken in this commonwealth, shall forfeit for each offence not less
than ten nor more than Mij dollars. 1882, 98.

Sect. 83. The mayor and aldermen of ever}- cit}-, the selectmen
of every town, and all police officers and constables, shall cause the
provisions of the two preceding sections to be enforced in their re-
spective cities and towns.

Sect. 84. Whoever sells or offers for sale, or has in his posses-
sion with intent to sell, either directh* or indirectly, a lobster less than
ten and one-half inches in length, measuring from one extreme of the
bo'ly extended to the other, exclusive of claws or feelers, shall for-
feit five dollars for every such lobster ; and in all prosecutions under
this section the possession of any lobster not of the required length
shall be prima facie evidence to convict. i884, 212.

Sect. 85. All forfeitures under the four preceding sections shall
be paid, one-half to the person making the complaint, and one-half
to the city or town where the offence was committed.

Sect. 86. No person living without this state shall take any lob-
sters, tautog, bass, or other fish within the harbors, streams, or
waters of Fairhaven, New Bedford, Dartmouth, or Westport, for
the purpose of carrying them thence in vessels or smacks of any
size whatever owned without this state, nor in any of more than
fifteen tons burden owned within this state, under a penalty of ten
dollars for every offence, and a forfeiture of all fish and lobsters so
taken.

Sect. 87. For the purposes of the preceding section, the waters
and shores of the places therein mentioned shall be deemed to extend
from the line of the state of Rhode Island to the line of the county
of Plymouth, and to include all the waters, islands, and rocks lying
within one mile of the main land.

Sect. 88. If, within the harbors, streams, or waters of any place
on the sea-coast which adopts this section, or has adopted the corre-
sponding sections of earlier statutes, any person living without the
state takes, for the purpose of carrying thence, any lobsters, tautog,
bass, blue fish, or scuppaug, or if any person living within this state
takes and carries away from such place any such fish or lobsters in
vessels or smacks of more than fifteen tons burden, he shall forfeit
for each offence a sum not exceeding twenty dollars, and all the fish
and lobsters so taken.

Sect. 89. No person shall take lobsters within the waters and
shores of the town of Provincetown for the purpose of carrying them
from said waters in a vessel or smack of more than fifteen tons bur-
den, or for the purpose of putting the same on board of such vessel
or smack to be transported to any place, unless a permit is first ob-
tained therefor from the selectmen of said town, who may grant the

INLAND FISHERIES. 375

same for such sum, to be paid to the use of the town, as they shall
deem proper.

Sect. 90. Whoever violates the provisions of the preceding sec-
tion shall forfeit ten dollars for each offence ; and if the number of
lobsters so unlawfully taken or found on board of any such vessel or
smack exceeds one hundred, he shall in addition forfeit a further sum
of ten dollars for ever}' hundred lobsters so taken or found over the
first hundred, and in that proportion for any smaller number.

Sect. 91. For the purposes of the two preceding sections, the
waters and shores of Provincetown shall be deemed to be as follows :
namely, beginning at Race Point, one-half mile from the shore, and
thence running by said shore to the end of Long Point which forms
the harbor of Provincetown, and from the end of Long Point one-
half mile and including the harbor within the town of Provincetown.

Sect. 92. Whoever between the first day of April and the first
day of July inclusive takes more than one hundred pounds per week
of lobsters, tautog, bass or scuppaug in the bays, harbors, ponds,
rivers, or creeks of the waters of Buzzard's Bay, within one mile
from the shore and within the jurisdiction of the towns of Sandwich
and Wareham, shall forfeit a sum not exceeding fifty dollars, to be
recovered in an action of tort b}' the selectmen or any legal voter of
Sandwich or Wareham, for the use of the party suing therefor.

Sect. 93. Whoever takes oysters from their beds, or destroys
them, or wilfully obstructs their growth therein, except as is provided
in the following sections, shall forfeit two dollars for every bushel of
oysters, including the shells, so taken or destroyed.

Sect. 94. The mayor and aldermen of a city or selectmen of a
town in which there are oystei*-beds may grant a permit in writing to
any person to take oysters from their beds at such times, in such
quantities, and for such uses, as the}' shall express in their permit ;
and every inhabitant of such city or town may, without such permit,
take oysters from the beds therein for the use of his family, from the
first day of September to the first day of June, not exceeding in any
week two bushels, including the shells.

Sect. 95. Whoever takes any other shell-fish from their beds, or
destroj's them, or wilfully obstructs their growth therein, except as is
hereinafter provided, shall forfeit one dollar for every bushel of such
other shell-fish, including the shells. But the major and aldermen of
a cit}' or selectmen of a town may at any time give a permit in writ-
ing to any person to take such other shell-fish from their beds therein,
at such times, in such quantities, and for such uses, as they shall ex-
press in their permit ; and every inhabitant of each of said places
may, without such permit, take such other shell-fish from the beds
therein for the use of his family.

376 LAWS EELATING TO

Sect. 96. Nothing contained in the three preceding sections shall
be construed to deprive native Indians of the privilege of digging
shell-fish for their own consumption, or to prevent a fisherman, who
is an inhabitant of this state, from taking any quantity of shell-fish
which he may want for bait, not exceeding at any one time se\'en
bushels, including the shells.

Sect. 97. The mayor and aldermen of a city or selectmen of a
town may, by writing under their hands, grant a license for a term
not exceeding twenty' years to an}' inhabitant thereof, to plant, grow,
and dig oysters at all times of the 3'ear, upon and in any flats and
creeks therein, at any place where there is no natural oyster-bed ; not,
however, impairing the private rights of an}' person, nor materially
obstructing the navigable waters of any creek or bay. i884, 284.

Sect. 98. Such license shall describe by metes and bounds the
flats and creeks so appropriated, and shall be recorded by the city or
town clerk before it shall have any force ; and the person licensed
shall pa}^ to the maj^or and aldermen or selectmen, for their use, two
dollars, and to the clerk fift}' cents. i884, 284.

Sect. 99. The person so licensed, his heirs and assigns, shall for
the purposes aforesaid haA'e the exclusive use of the flats and creeks
described in the license, during the time therein specified ; and may
in an action of tort recover treble damages of any person who, with-
out his or their consent, digs or takes 03'sters from such flats or creeks
during the continuance of the license ; and whoever digs or takes oys-
ters therefrom without such consent shall also forfeit twenty dollars for
each offence. 1884, 284.

Sect. 100. No person shall dig, take, or carry awa}' any oysters
between sunset and sunrise, by any method whatever, from stny flats
or creeks for which a license has been granted under the provisions
of section ninety-seven. A person holding such license, who violates
the provisions of this section, shall, in addition to the penalties here-
inafter provided, forfeit his license, and shall also forfeit to the town
or cit}^ granting the same the oysters remaining on the premises
licensed. i884, 284.

Sect. 101. Any person who violates an}- of the provisions of the
preceding section, or who digs or takes an}^ oysters from anj'^ flats or
creeks described in an}- license granted under the provisions of
section ninety-seven, during the continuance of such license, without
the consent of the person so licensed, shall be punished by fine of
not more than one hundred dollars, or imprisonment in the house of
correction for not less than thirty days nor more than six months, or
by both such fine and imprisonment. One-half of the fine shall be
paid to the complainant, and the other half to the county within ;which
the offence was committed. 1884, 284.

INLAND FISHERIES. 377

Sect. 10*2. No person shall take from the towns of Chatham,
Nantucket, Barnstable, or Mashpee, any shell-fish for bait or other
use, except clams and a shell-fish commouh' known b}' the name of
horsefeet ; and no quantity exceeding seven bushels of clams, includ-
ing the shells, or one hundred horsefeet, shall be taken in one week
for each vessel or craft, nor in any case without a permit being first
obtained from the selectmen of the town.

Sect. 103. Except when otherwise specially" provided, actions and
prosecutions under the laws relating to inland fisheries shall not be
commenced except within one year from the time when the cause of
action accrued or the offence was committed.

Sect. 104. Except when otherwise specially provided, one-half of
the money recovered as a penalty in any case arising under the laws
relating to inland fisheries shall be paid to the person making the
complaint in the case in which the same is recovered, and the re-
mainder to the commonwealth.

Sect. 105. Nothing contained in this chapter shall be deemed to
repeal or affect any provisions or penalties contained or any privi-
leges granted in any special statutes relating to fisheries in particular
places.

KELP AND seaweed.

Sect, 106. An}' person maj' take and carry awa}- kelp or other
seaweed between high and low water mark, whilst the same is actualh^
adrift in tide-waters ; but for such purpose no person shall enter on
upland or on lawfully enclosed flats without the consent of the owner
or lawful occupant thereof. The provisions of this section shall not
apply to any city or town in which the subject is regulated b}" special
act of the legislature.

1882.

An Act for the protection of Traps, Trawls and Seines.

1882, 53. Be it enacted, etc., as follows: Sect. 1. Any person
who shall take any fish or lobster from any trap, trawl or seine set for
catching fish or lobsters, except by consent of the owner thereof, and
any person who shall wilfully molest or interfere with such trap, ti'awl
or seine, shall for the first offence be punished by a fine of not less
than five nor more than twenty-five dollars, or by imprisonment for
thirty days, or by both fine and imprisonment ; and for any subse-
quent oflTence by a fine of not less than twenty nor more than fifty
dollars, or by imprisonment for sixty days, or both fine and imprison-
ment.

Sect. 2. This act shall take eflfect forty daj's after its passage. —
[March 11, 1882.

378 LAWS RELATING TO

A.v Act for the protection of Striped Bass and Bluefish in the waters of Edgartown.

1882, 65. Be it enacted, etc., as foUoivs: Sect. 1. Whoever at
any season of the j'ear shall set, stretch or draw any seine or net of
anj' kind in any of the waters of the town of Edgartown, excepting
the Oyster Pond, the Great Pond, and Job's Neck Pond, for the pur-
pose of taking or catching striped bass or bluefish, shall forfeit the
sum of one hundred dollars for each offence.

Sect. 2. Whoever shall take or catch at any season of the year in
any of the waters of the town of Edgartown, excepting the ponds
named in the preceding section, any striped bass or bluefish, by means
of anj- seine or net of any kind, shall forfeit one dollar for each and
every fish so taken or caught.

Sect. 3. One-half of the money recovered in an}- case arising
under this act shall be paid to the person making the complaint and
the remainder to the Commonwealth.

Sect. 4. This act shall take eflfect upon its passage. — [March 11,

1882.

[Repealed, 1885, 247.]

[P. S. 91, §§ 81, 82.]
An Act to provide for the preservation of Lobsters.

1882,98. Beit enacted, etc., as follows: Sect. 1. Section eighty-
one of chapter ninety-one of the Public Statutes is hereby amended
to read as follows : —

"Section 81. Whoever during the mouth of July in any year
catches or takes from any of the waters of this Commonwealth anv
female lobster beai'ing eggs, shall be punished for each offence by a
fine of not less than ten nor more than one hundred dollars, or by
imprisonment in the house of correction for not less than one nor
more than three months ; but a person catching or taking an3' such
lobster during said month of Juh", and immediately returning it aliA^e
to the waters from which it was taken, shall not be subject to such
penalty."

Sect. 2. Section eighty-two of chapter ninety-one of the Public
Statutes is hereby amended to read as follows : —

" Section 82. Whoever during the month of July in anj' year sells
or has in his possession with intent to sell, any female lobster bearing
eggs, taken in this Commonwealth, shall forfeit for each offence a sum
not less than ten nor more than fift}^ dollars."

Sect. 3. This act shall take effect upon its passage. — [March 21,
1882.

[1885, 256.]

INLAND FISHERIES. 379

An Act concerning the Fisheries in Great Pond and Job's Neck Pond in the town of

Edgartown.

1882, 102. Be it enacted, etc., as follows: Sect. 1. The lessees
holding from the commissioners on inland fisheries a lease of Great
Pond and Job's Neck Pond, in the town of Edgartown, may take
smelts and alewives from said ponds and from the ditches connecting
them with each other and with the ocean, at all seasons of the year and
without restrictions as to days.

Sect. 2. Whoever other than said lessees takes an}' fish, except

eels, from either of said ponds or ditches, without the permission in

writing of said lessees first obtained, shall forfeit one dollar for each

fish so taken, and shall also forfeit any boat, net, line, rod or other

apparatus used in such taking in accordance with the provisions of

chapter one hundred and ninety-four of the Public Statutes. — [March

21, 1882.

[1884,245.] .

An Act to incorporate the Dennis and Yarmouth Improvement Company.
1882,122. Be it enacted, etc., as follows: * * * *
Sect. 5. Said corporation shall have the exclusive right to con-
duct the fisheries at and about said dam and sluice-way, and ma}-
introduce and propagate any kind of fish. — [March 28, 1882.

An Act relative to the Fisheries in Granite or Goose Cove Pond in the city of

Gloucester.

1882, 160. Be it enacted, etc., as follows: Sect. 1. David Bab-
son of Rockport shall have the exclusive right in Granite or Goose
Cove Pond in the city of Gloucester for the purpose of cultivating
lobsters and other useful fish until the first day of September in the
year eighteen hundred and eight^'-three.

Sect. 2. This act shall take eff'ect upon its passage. — [April 15,
1882.

[Sp. Laws, vol 1, p. 272.]
An Act relative to Fishing in the Merrimack River.

1882, 166. Be it enacted, etc., as follows : Sect. 1. The penal-
ties provided by chapter ninety-one of the Public Statutes relative to
fishing in the Merrimack River shall not apply to or be in force
against any person drawing a net or seine after the twentieth day of
June in each 3'ear at any point below the Essex Merrimack Bridge in
said river, unless such person shall take salmon or shad, nor shall a
person taking a salmon or shad while thus lawfully fishing and imme-
diatel}' returning it alive to the waters from which it was taken be
liable to any of the aforesaid penalties.

Sect. 2. No penalty- shall be incurred b}' anj- one taking sturgeon

380 LAWS RELATING TO

in the tidal waters of the Merrimack River : provided., that no net or
8eine having a mesh which stretches less than twelve inches shall be
used in taking the same.

Sect. 3. This act shall take effect upon its passage. — [April 19,
1882.

[1884, 317.]

[1869, 172.]

An Act to regulate the Herring and Shad Fishery in Cole's River and its tributaries,
and in Milford Pond, in the county of Bristol.

1882, 189. Be it enacted., etc., as follows: Sect. 1. The town of
Swanzey is authorized to create herring and shad fisheries in Cole's
River and its tributaries, and in Milford Pond, so called, in the
count}' of Bristol ; and the right to take herring or shad from said
river or its tributaries, or from said pond, is suspended for the period
of three yestrs next ensuing after the passage of this act ; and no net,
seine or weir shall be set therein during said period except as herein-
after provided. The fish wardens chosen as provided by section three
of this act may, however, take or cause to be taken from said river or
its tributaries, or from said pond, at an}' time after the passage of
this act, such herring or shad as may be required for the purpose of
stocking said pond or any of the tributaries of said river.

Sect. 2. The town of Swanzej^ may sell at public auction, atr a
legal town meeting to be held in March in the year eighteen hundred
and eighty-five, two privileges to take herring and shad from Cole's
River from the first day of April to the first day of July in each year,
for a period not exceeding five years, as hereinafter provided, at such
places on said river as shall be designated by such fish wardens.
The purchaser or purchasers of such privileges may take herring and
shad with one seine, at the places so designated, from sunrise on
Monday until sunset on Wednesday in each week during such period ;
but no herring or shad shall be taken in any manner from said waters
after the first day of July in each year.

Sect. 3. The town of Swanzey, at its annual meeting in March in
each year, may choose two or more suitable persons as fish wardens,
who shall be sworn to the faithful discharge of their duties, and shall
cause this act to be enforced and shall prosecute all violations of its
terms. The fish wardens so chosen shall prevent and remove all un-
lawful obstructions in the course of said river or its tributaries to the
passing up and down of the said fish from the first da}- of April to the
first day of Jul}' in each year ; and may, for the purposes of this act,
go upon and pass over the land of any person through or by which
said river or any tributary thereof runs, or which borders upon said
pond, without being considered trespassers : provided, that any per-
son sustaining damage in his property may have the same assessed in

INLAND FISHERIES. 381

the manner provided when land is taken for highways. Whoever
wilfulh- hinders or molests any such fish warden, or any person
authorized by such fish wardens, in the necessary clearing of said
river or its tributaries, and in the necessary and proper use of lands
on said river or its tributaries, or said pond, for creating and protect-
ing the said fishery, shall forfeit and pay a sum not exceeding twenty
dollars for each offence, to be recovered in the manner provided in
section four of this act.

Sect. 4. If any person other than those who have purchased such
privilege as aforesaid fishes with a seine or net at any time or in any
manner, or sets an}^ net, seine, weir, or other obstructions in any part
of said river or its tributaries, or of said pond, with intent to take or
destroy any shad or herring, he shall forfeit and pay twenty dollars
for each offence, to be recovered on complaint, one-half to the use of
said town of Swanzey and one-half to the use of the person who shall
give information leading to the prosecution and conviction of such
offender ; and all seines, nets or weirs so used or set shall be for-
feited to the person who shall give such information.

Sect. 5. All laws relating to fishing in Cole's River are repealed.
— [April 29, 1882.

1883.

[P. S. 91, §§ 36 -39.]
An Act relative to Fishing in the Merrimack River.
1883, 31. Be it enacted, etc., as follows: For the purpose of
taking fish called "shiners" for bait, any person may draw a net or
seine during the months of November and December at any point in
the Merrimack River, except within four hundred yards of any fish-
way : provided, that all other fish so caught are immediately returned
to the waters from which they were taken ; and the penalties provided
for in sections thirty-six, thirty-seven, thirty-eight and thirty-nine of
chapter ninety-one of the Public Statutes shall not apply to the taking
offish as herein provided. — [March 6, 1883.

[1872,229; 1876, 103; 1881,44.]

An Act in addition to An Act to regulate the taking of Fish in North River in the

county of Plymouth.

1883,76. Be it enacted, etc., as folloios: Sect. 1. Whoever sets
a seine or casts a mesh net in the North River in Plymouth County, or
whoever by seine or mesh net takes any fish from said North River, ex-
cept such persons as have authority so to do under chapter forty-four of
the acts of the year eighteen hundred and eighty-one, shall be punished
for each offence by a fine not less than twenty-five dollars nor more
than one hundred dollars, or by imprisonment in the house of correction
not less than one nor more than three months.

382 LAWS RELATING TO

Sect. 2. Section four of chapter fourty-four of the acts of tlie j-ear
eighteen hundred and eighty-one is hereby amended by inserting after
the word " fish," in the second line, the words " from two o'clock in
the morning until sunset." — [March 24, 1883.

[1884, 199 ; 1886, 163.]

An Act to authorize the Commissioners on Inland Fisheries to issue permits for Fishing

in the Merrimack River.

1883, 121. Be it enacted, etc.. as follows : Sect. 1. The com-
missioners on inland fisheries may issue permits for the taking of any
variety of fish in the tidal waters of the Merrimack River and its
tributaries, the taking of which is now in any way prohibited by law.
Such permits shall be revocable at the discretion of said commis-
sioners, and no fee or consideration shall be charged for the issuing
of the same.

Sect. 2. This act shall take effect upon its passage. — [April 11,
1883.

An Act to regulate the taking of Fish in Acushnet River in the town of Acushnet.

1883, 180. Be it enacted etc., as follows: Sect. 1. The town of
Acushnet may at anj' legal meeting called for that purpose make regu-
lations, not inconsistent with the provisions of the laws of the Com-
monwealth, concerning the taking of herrings, alewives and shad
within said town, or concerning the disposal of the privilege of taking
the same for its own use and benefit.

Sect. 2. Said town maj-, at its annual meeting in April in the
year eighteen hundred and eighth-three, and in each year thereafter,
choose three discreet persons by ballot whose dutj- it shall be to
inspect said river, to cause the regulations respecting said fishery to
be carried into effect and to prosecute all violations thereof.

Sect. 3. Whoever takes from said river any of said fish in viola-
tion of said regulations shall forfeit for each fish so taken not more
than ten dollars nor less than one dollar, one half of all such forfeit-
ures shall enure to the complainant and one half to said town.

Sect. 4. The powers and duties granted by this chapter, shall be
subject in all respects to the rights heretofore granted to the city of
New Bedford under chapter one hundred and sixty-three of the acts
of the year eighteen hundred and sixty-three, and nothing contained
in this act shall in an}' way be construed as permitting or authorizing
any interference with the water suppl}- of said city, or authorizing anj-
control in or in an}' way applying to the storing reservoir of said city
or any works connected with its water supply, nor shall an}^ such
fishery be permitted to be operated in said reservoir or in any portion
of said water supply.

INLAND FISHERIES. 383

Sect. 5. This act shall take effect upon its passage. — [Ma}' IG,
1883.

1884.

[1856,211.]

Ax Act tn dissolve the Farm Pond Fishing Companj' in Edgartown.

1884, 156. Be it enacted, etc., as folloios: Sect. 1. The Farm

Pond Fishing Company in Edgartown, incorporated by chapter two

hundred and eleven of the acts of the year eighteen hundred fifty-six,

is hereby dissolved.

Sect. 2. This act shall take effect upon its passage. — [April 16,
1884.

[P. S. 91, §^ 51, 53.]
An Act to limit the time within which Trout, Land-locked Salmon, and Lake Trout

may be taken.

1884, 171. Be it enacted, etc., as follows : Sect. 1. The time
within which any person is forbidden to take, sell, offer or expose for
sale or to have in his possession a trout, land-locked salmon, or lake
trout, bj' sections fifty-one and fifty-three of chapter ninety-one of the
Public Statutes, shall be between the first day of September and the
first day of April.

Sect. 2. So much of said sections fifty-one and fifty-three as is
inconsistent with this act is hereby repealed. — [April 19, 1884.

[1872, 229.]

Ax Act in addition to an act to regulate the taking of Fish in North River in the

county of Plymouth.

1884, 199. Be it enacted, etc., as follows: Sect. 1. Whoever
sets a seine or combination of seines over three hundred and eighty-
five feet in length, or casts a mesh net over three hundred and fifty
feet in length, in the North River in the count}- of Plymouth, shall for
each offence be punished by fine not less than twenty-five nor more
than one hundred dollars, or by imprisonment in the house of correc-
tion not less than one nor more than three months.

Sect. 2. Section forty-one of chapter ninety-one of the Public
Statutes shall not apply to the fisheries in said North River.

Sect. 3. This act shall take effect upon its passage. — [April 30,
1884.

[1882, 102.]
An Act concerning the Fisheries in waters of the county of Dukes County.
1884, 245. Be it enacted, etc., as follows: Sect. 1. Section one
of chapter one hundred and two of the acts of the year eighteen hun-
dred and eighty-two is amended to read as follows : — Section 1 . The
lessees holding from the commissioners on inland fisheries a lease of

384 LAWS DELATING TO

any body of water in the county of Dukes County, and all other per-
sons having the right to take alewives in any other waters in said
county, may take alewives from said waters and from the ditches con-
necting them with each other and with the ocean at all seasons of the
year and without restrictions as to day.

Sect. 2. Section two of said chapter one hundred and two is
amended to read as follows : — Section 2. Whoever other than said
lessees or any other person duly authorized takes any fish, except
eels, from any of said waters or ditches without the permission in
writing of said lessees or said person duly authorized first obtained,
shall forfeit one dollar for each fish so taken, and shall also forfeit any
boat, net, line, rod or other apparatus used in such taking in accord-
ance with the provisions of chapter one hundred and ninety-four of
the Public Statutes.

Sect. 3. This act shall take effect upon its passage. — [May 20,
1884.

[1839, 102 ; 1852, 35 ; 1860, 46.]
An Act to protect the Fisheries of the towns of Mashpee and Barnstable.

1884,264. Be it enacted, etc. ^ as follows: Sect. 1. No person
not an inhabitant of the town of Mashpee shall fish for or take from
the waters within said town, except Hamblin's Pond and its outlet,
and excepting the trout fishery in Popponessett Bay, south of a line
drawn from Gooseberry Island to Mashpee Neck, any fish, shell-fish
or eels, without a written permit or lease from the selectmen of said
town, stating the time, place, manner and number in which the same
may be taken ; nor shall any inhabitant of said town at any one time
take more than three bushels of shell-fish for bait, or take any fish,
shell-fish or eels for the purpose of selling the same, without a written
permit from said selectmen, who may grant the same for such sum, to
be paid to the use of said town, as they shall deem proper : provided,
Jioivever, that no seining shall be allowed in any of the waters of said
town ; but the inhabitants of said town may take such fish, shell-fish
and eels for family use without such permit, except from such fish-
eries as are lawfully leased by said town to others.

Sect. 2. Whoever fishes for, takes or destroys any fish, shell-fish
or eels in the waters of said town of Mashpee in vio^tion of the pro-
visions of this act, or otherwise than is specified in his permit, and
whoever wilfully places any obstruction to, or otherwise interferes
with, the free passage of fish or eels in said waters, shall for each
offence be subject to a fine of not less than fifty nor more than one
hundred dollars and costs of prosecution, and if he have a permit
shall forfeit the same ; and all fines under this act shall be paid, one-
half to the town of Mashpee and one-half to the complainant. Said

I

INLAND FISHERIES. 385

fine and forfeiture imposed under this act, may be recovered by com-
plaint before an}^ trial justice, or by indictment before any court of
competent jurisdiction in Barnstable County.

Sect. 3. Any constable or fish warden of said town may, without
a warrant, arrest an}' person whom he finds in the act of fishing for,
taking or destroying fish, shell-fish or eels, in violation of this act, or
in the act of carrying awa}" fish, shell-fish or eels so taken, and detain
him in some place of safe keeping until a warrant can be procured
against such person upon a complaint for said offences, or either of
them : provided^ that such detention shall not exceed twenty-four
hours.

Sect. 4. Section one of chapter thirty-five of the acts of the year
eighteen hundred and fiftj'-two is hereby amended so as to read as
follows : — No. person shall set, draw or stretch any seine or drag-net
in Barnstable Harbor, Osterville Harbor, Popponessett Bay, or an}' of
the creeks, ponds or streams within the limits of the town of Barnsta-
ble, under a penalty of not less than fifty nor more than one hundred
dollars, to be recovered in any court proper to try the same, one-half
to the use of said town and the other half to any person who shall
prosecute therefor.

Sect. 5. All acts and parts of acts inconsistent herewith are
hereby repealed. — [May 24, 1884.

[1882, 166.]
An Act relative to Fishing in the Merrimac River.
1884, 317. Be it enacted, etc., as follows: Sect, 1. Section one of
chapter one hundred and sixty-six of the acts of the year eighteen
hundred and eighty-two is hereb}^ amended by inserting after the word
" seine " and before the word " after " in the fourth line thereof, the fol-
lowing words '"'• with a mesh not less than two and a quarter inches."
Sect. 2. This act shall take effect upon its passage. — [June 3,
1884.

An Act to prevent the use of Nets in Ponds.

1884, 318. Be it enacted, etc., as follows: Sect. 1. Whoever
draws, sets, stretches or uses a drag net, set net, purse net or seine
in any pond in the Commonwealth, or aids in so doing, shall be pun-
ished by a fine of not less than twenty, nor more than fifty dollars,
one half of which shall be paid to the person making the complaint,
and the other half to the county within which the offence was commit-
ted, and in addition shall forfeit to the Commonwealth all fish taken
by the above means and the seines, boat and other apparatus used.

Sect. 2. Trial justices, police and district courts shall have juris-
diction to enforce the penalties provided in section one of this act.

386 LAWS RELATING TO

Sect. 3. This act shall not be construed to interfere with the
rights of lessees of great ponds in the counties of Barnstable, Dukes
County and Nantucket, into which the usual varieties of salt water
fish are or ma)' be admitted b}^ natural or artificial inlets and which
under existing leases have been seined or which may be leased with
permission to seine the same, nor the riparian proprietors of ponds
mentioned in section ten of chapter ninety-one of the Public Statutes,
nor with the corporated rights of any fishing compan}'. — [June 3, 1884.

[1886, 234.]

[P. S. 91, §§ 97-101.]
An Act relating to the planting and growing of oysters.

1884, 284. Be it enacted, etc., as folloivs: Sect. 1. The provi-
sions of sections ninety-seven, ninety -eight, ninetj'-nine, one hundred
and one hundred and one of chapter ninety-one of the Public Statutes
relating to the planting and growing of oysters are hereby extended
so as to apply to any waters where there is no natural oyster bed, not
however impairing the private rights of an}' person, and not materially
obstructing any navigable waters.

Sect. 2. Section ninet^'-seven of said chapter ninety-one is hereby
amended b}' striking out the word " twenty" in the third line and in-
serting in place thereof the word " ten."

Sect. 3. This act shall take effect upon its passage. — [May 28,
1884.

1885.

[P. S. 91.]
An Act relating to the Leasing of Great Ponds.

1885, 109. Be it enacted, etc., as follows: Sect. 1. So much of
chapter ninety-one of the Public Statutes, relating to inland fisheries,
as authorizes the commissioners on inland fisheries to lease great
ponds, is hereby repealed.

Sect. 2. This act shall take effect upon its passage. — [March 27,
1885.

An Act to prevent the taking of Blue-fish with nets or seines in the waters of Vineyard
Sound opposite to the towns of Yarmouth, Dennis and Harwich.

1885, 193. Be it enacted, etc., as follows: Sect. 1, Whoever
takes any blue-fish in the state waters of Vineyard Sound opposite to
the towns of Yarmouth, Dennis and Harwich, with nets or seines,
shall be punished by a fine often dollars for each offence, one-half of
which shall be paid to the person making the complaint and one-half
to the county of Barnstable.

Sect. 2. This act shall take effect on the first day of July in the
year eighteen hundred and eighty-five. — [April 24, 1885.

INLAND FISHERIES. 387

An Act confirming the acts of the iSsh committee of the towns of Dennis and Yar-
mouth relating to the regulation of the Fisheries in Bass River.

1885, 209, Be it enactedi etc., as foHo>vs : Sect. 1. The acts of
the committee of the town of Dennis and the committee of the town
of Yarmouth, acting as a fish committee under chapter thirtj'-seven of
the acts of the jear one thousand eight hundred and fort)--nine, are
hereby made valid and confirmed to the same extent as though the
committee of the town of Dennis had been chosen annually instead of
for the term of three j'ears, and the said committee as now consti-
tuted shall continue to exercise the powers of fish committee under said
chapter until their successors are chosen at the next annual town
meetings in said respective towns.

Sect. 2. This act shall take effect upon its passage. — [May 1 ,
1885.

[P. S. 91, §^ 97-101 ; 1884, 284.]

Ax Act relating to licenses to plant, grow and dig Oysters, and to the taking of

Scallops.

1885, 220. Be it etiac'ed, etc., as follows: Sect. 1. No license
shall be granted to plant, grow and dig oysters under sections ninety-
seven, ninety-eight, ninety-nine, one hundred and one hundred and
one of chapter ninet^'-one of the Public Statutes, and chapter two
hundred and eighty-fuur of the acts of the year eighteen hundred
eighty-four, without a public hearing upon the matter, due notice of
which shall be given in writing, to be posted in three or more public
places in the town in which the premises lie, at least seven days be-
fore the time fixed for such hearing.

Sect. 2. In case any person to whom such license shall be granted
fails for two years thereafter to plant and grow 03'sters in the waters
described in said license, the same shall be revoked by the officers
who granted it, which revocation shall be recorded as provided in
said section ninety-eight.

Sect. 3. Whoever takes in any one day, between sunrise and sun-
set, more than twentj'-five bushels of scallops, including the shells,
for each boat actually employed by him in taking the same, shall be
punished by a fine not exceeding twenty dollars for each offence.

Sect. 4. Any person who at any time between the fifteenth day of
April and the first day of September shall take scallops from any of
the waters of the state by dredging, or b}^ nets of any kind, or shall
expose any scallops for sale within the state, or shall export the
same, shall be punished by a fine not exceeding twenty dollars for
each offence.

Sect. 5. Whoever works a dredge, 03'ster tongs or rakes, or any
other implement for the taking of shell fish of any description, upon

388 LAWS RELATING TO

any oj'ster grounds or beds, other than public grounds or beds, with-
out the consent of the licensee, lessee or owner thereof, or who shall,
while upon or sailing over any such grounds or beds, cast, haul, or
have overboard any such dredge, tongs, rake or other implement for
the taking of shell fish of an}' description, under any pretence or for
an}' purpose whatever, without the consent of the licensee, lessee or
owner, shall for the first offence be punished by a fine not exceeding
twenty dollars or by imprisonment in jail not exceeding thirty days,
and for every subsequent oflFence shall be punished by a fine not ex-
ceeding fifty dollars, or by imprisonment in the house of correction or
jail not exceeding six months.

Sect. 6. The selectmen of any town or mayor and aldermen of
any city may designate one or more constables for the detection and
prosecution of any violation of the laws of the state relating to shell
fisheries, within their respective jurisdictions. Piach of said consta-
bles so designated may without warrant arrest any person found violat-
ing any of said laws, and detain him for prosecution not exceeding
twenty-four hours, and may seize any boat or vessel used in such vio-
lation, together with her tackle, apparel and furniture, with all imple-
ments belonging thereto, which shall be forfeited to the use of the
town or city in which such seizure is made. — [May 11, 1885.

[1857, 87 ; 1862, 47-]
An Act to amend the charter of the Lagoon Pond Company in Dukes County.

1885, 245. Be it enacted, etc., as folloivs: Sect. 1. The Lagoon
Pond Company in Dukes County, incorporated by chapter eighty-
seven of the acts of the year eighteen hundred and fifty-seven for the
purpose of creating a herring and perch fishery, is hereby authorized
to use the pond above the dam at Long Point for the purpose of stor-
ing therein food fishes.

Sect. 2. Said corporation shall during the occupancy of said
pond for storing food fishes be required to post notices of the fact of
such occupancy on the shores of said pond ; and during such occu,
pancy said corporation and its agents shall have the exclusive right
to take fish therefrom, except that any person may spear eels or dig
clams therefrom.

Sect. -3. Whoever without leave from said corporation, during
the occupancy of said pond for storing food fishes, takes fish there-
from, except as provided in section two of this act, shall be punished
by a fine of not less than five nor more than fifty dollars.

Sect. 4. Trial justices may enforce tlie penalties provided by this
act. — [May 21, 1885.

INLAND FISHEKIES. 389

[1882, 65.]

An Act to repeal An Act for the protection of Striped Bass and Bluefish in the waters

of Edgartown.

1885, 247. Be if enacted, etc., as follows : Sect. 1. Chapter sixty-
five of the acts of the 3'ear eighteen hundred and eight3--two is hereby
repealed and no penalt3' shall hereafter be enforced for its violation.

Sect. 2. This act shall take effect upon its passage. — [May 22,
1885.

[1884, 212.]
An Act providing for the enforcement of an Act for the protection of Lobsters.

1885, 256. Be it enacted, etc., as follows: Sect. 1. For the pur-
pose of enforcing the provisions of chapter two hundred and twelve
of the acts of the 3'ear eighteen hundred and eighty-four, relative to
the protection of lobsters, either of the commissioners on inland fish-
eries, personall}' or by deputy, or any member of the district police
detailed by the governor as provided in said chapter, may search in
suspected places for, seize and remove, lobsters taken, held or offered
for sale in violation of the provisions of said chapter.

Sect. 2. This act shall take effect upon its passage. — [May 22,
1885.

1886.

[1872, 229; 1876, 103; 1881, 44; 1883, 76; 1884, 199 ]
An Act to regulate the taking of Fish in North River in the County of Plymouth.

1886, 163. Be it enacted, etc., as follows: Sect. 1. The board of
selectmen of either of the towns mentioned in section four of chapter
forty-four of the acts of the year eighteen hundred and eighty-one,
may, at the request of any purchaser of a right to fish in said river,
designate in writing the place where said right shall be exercised on
that part of the river lying within the limits of such town ; and who-
ever, after notice of such designation, uses any seine or net for taking
fish in the waters of said river, within the distance of one-third of a
mile below the place so designated, shall be punished as provided in
section six of said chapter.

Sect. 2. This act shall take effect upon its passage. — [April, 27,
1886.

An Act for the protection of the Fisheries in Buzzard's Bay.

1886, 192. Be it enacted, etc., as follows: Sect. 1. No person
shall draw, set, stretch or use an}^ drag net, set net or gill net, purse
or sweep seine of any kind for taking tish anywhere in the waters of
Buzzard's Ba}' wit'jin the jurisdiction of this Commonwealth nor in
any harbor, cove or bight of said bay except as hereinafter provided .

Sect. 2. Any net or seine used in violation of an}' provision of

390 LAWS RELATING TO

this act, together with any boat, craft or fishing apparatus employed in
such illegal use, and all fish found therewith, shall be forfeited ; and it
shall be lawful for any inhabitant or inhabitants of any town bordering
on said bay to seize and detain, not exceeding forty-eight hours, any
net or seine found in use contrary to the provisions of this act, and any
boat, craft, fishing apparatus and fish found therewith, to the end that
the same may be seized and libelled if need be by due process of law.

Sect. 3. All nets and seines in actual use set or stretched in the
waters aforesaid in violation of this act are declared to be common
nuisances.

Sect. 4. Nothing contained in this act shall be construed to in-
terfere with the corporate rights of any fishing company located on
said bay nor in any way to affect the fish weirs mentioned in section
seventy of chapter ninety-one of the Public Statutes, nor the use of
nets or seines in lawful fisheries for shad or alewives in influent
streams of said bay, nor the use of the set nets or gill nets in the
waters of the town of Fairhaven within a line drawn from Cotnmorant
rock southwesterly to the buoy on West island rips and from thence
westerly in a straight course through the buoy on West island ledge
to the town line of Fairhaven.

Sect. 5. Whoever violates any provision of this act or aids or
assists in violating the same shall pay a fine not exceeding two hun-
dred dollars for each offence.

Sect. 6. District courts and trial justices shall have concurrent
jurisdiction with the superior court of all offences and proceedings
under the provisions of this act.

Sect. 7. All fines received under this act shall be paid one-half to
the complainant and the other half to the Commonwealth. All moneys
from any forfeitures incurred under this act shall inure and be paid
one-fourth to the informer and one-fourth to the person filing the libel
and the other half to the Commonwealth. — [May 6, 1886.

An Act to prohibit the seining of Bluefish in the waters of Vineyard Sound opposite

the towns of Barnstable and Mashpee.

1886, 202. Be it enacted, etc., as foHoivs: Sect. 1. Whoever in
any inlet, bay or arm of tlie sea within three miles of the shore of
Barnstable or Mashpee, or in the waters of Vineyard Sound within
three miles of the shore of said towns, takes bluefish with a seine or
net of any kind, or for the purpose of taking bluefish sets, stretches
or draws a seine or net, shall be punished by a fine of one hundred
dollars, and shall forfeit to the Commonwealth any fish so taken.

Sect. 2. One-half of the penalty collected under this act shall be
paid to the person or persons making the complaint, and the remain-
der to the county of Barnstable. — [May 15, 1886.

INLAND FISHERIES. 391

[1884, 318.]
An Act for the protection of Fish in a portion of the county of Dukes County.

1886, 234. Be it enacted, etc., as follows: Sect. 1. Whoever sets
or uses, or aids in setting or using any seine, mesh net or gill net for
the purpose of catching any other fish than maclterel, or who shall
catch and retain by such means any other fish than mackerel, in the
waters of the towns of Edgartown and Cottage City in the county of
Dulles county within three miles from the shores of said towns shall
be punished b}^ a fine of not exceeding two hundred dollars, one-half
of which shall be paid to the person making the complaint ; and in
addition, in the discretion of the court, shall forfeit to the Common-
wealth all fish taken in said nets.

Sect. 2. A sheriff, deputy sheriff, constable or police officer, upon
view of an offence described in the preceding section, may without a
warrant arrest the offender and make complaint against him therefor.

Sect. 3. The provisions of this act shall not be construed to inter-
fere with the rights of anj- person or persons referred to in section
three of chapter three hundred and eighteen of the acts of the year
eighteen hundred and eighty-four, nor with the corporate rights of
any fishing company. — [May 21, 1886.

[P. S. 91.]

An Act relative to proceedings for violations of the terms and conditions of Leases

of Great Ponds.

1886, 248. Be it enacted, etc., as follows: Sect. 1. District at-
torneys or the commissioners on inland fisheries shall institute pro-
ceedings, in the name of the Commonwealth, against the lessees of
great ponds who have failed or may hereafter fail to comply with the
terms and conditions of their leases, upon the complaint of the ma3-or
or ten citizens of anj^ city, the selectmen or ten citizens of any town
wherein any great pond has been leased under the laws relating to
inland fisheries.

Sect. 2. The provisions of section seventeen of chapter ninety-
one of the Public Statutes shall not appl}^ to great ponds that have
re-vested in the Commonwealth for failure to comply with the terms
and conditions of the leases of the same.

Sect. 3. So much of chapter ninety-one of the Public Statutes as
conflicts with section one of this act is hereby repealed. — [May 28,
1886.

An Act relating to licenses to plant, grow and dig Oysters, and extending the time in

which Oysters may be taken.

1886, 299. Be it enacted, etc., as follows: Sect. 1. No license
to plant, grow and dig oysters, shall be assigned or transferred with-
out the written consent of the mayor and aldermen of the city, or the

392 INLAND FISHERIES.

selectmen of the town in which the premises described in the license
are situated, and no license shall be granted, assigned or transferred
to persons who are not inhabitants of the city or town wherein the
licensed premises are situated.

Sect. 2. The authorit3' to dig, take or carry away oysters from
any premises for wliich a license has been granted is hereby limited to
the hours in each day between one hour before sunrise and one hour
after sunset.

Sect. 3. Any person holding a license who violates any of the
provisions of the acts relating to the planting and growing of oysters,
or any of the provisions of this act, shall, in addition to the penalties
now provided, forfeit his license and the 03'sters remaining on the
premises licensed, to the town or citj- wherein the premises are situ-
ated. — [June 21, 1886.

Resolution concerning the obstruction to the passage of Shad in the Connecticut River.

Whereas, It appears that by the maintaining a dam across the Con-
necticut River at Enfield, in the state of Connecticut, by parties in the
jurisdiction of the state of Connecticut, the shad fisheries of the citi-
zens of Massachusetts are practically destroyed, because of the ob-
struction of said dam to the run of the shad up the river ; and

Wliereas, The dam is almost an impassable barrier to the passage
of the fish, and Massachusetts citizens being thus deprived of the shad,
there is little inducement for Massachusetts to continue the artificial
propagation and cultivation of the shad in that river ; and

WJiereas, If the obstruction of the dam was modified as it might be,
to allovv the passage of the fish, Massachusetts would gladly, in con-
junction with Connecticut, re-establish the hatcher}' at South Hadley,
as the artificial cultivation and propagation of shad is now so well
undei'stood and is so successful that the Connecticut river can be
stocked with shad plentifully and cheaply, to the great benefit of the
people of both states ; therefore.

Resolved, That the Commonwealth of Massachusetts respectfully
suggests to the state of Connecticut that mutual measures be taken
by the said states for the restoration of tlie shad to the river.

That a copy hereof be tiansmitted by His Excellency the Governor
to his Excellency the Governor of Connecticut.

In House of Representatives, adopted April 7, 1886.
In Senate, adopted in concurrence, April 9, 1886.

INDEX.

A.

Page
Accord Pond, alewives and shad . 118
Acqnesnet River, New Bedford, ale-
wives 43

Actions and prosecutions, when to he
commenced .... 320, 330

Acton, alewives and shad . . . 115

Acushnet River, Acushnet, herring,
alewives and shad .... 382

Acushnet River, New Bedford and
Fairhaven, herring .... 244

Adams and Williamstown, Hoosick
River, seines not to be used . . 179

Agawam River, mouth of, fisheries . 50

Agawam or Westfield River, ale-
wives, salmon and shad . 18, 24, 138i

Agawam or Westfield River, West
Springfield, alewives, shad or other
fish, 138, 193

Agawam and Half-way Pond Rivers,
Plymouth, alewives and shad . 230

Agawam and Half-way Pond Rivers,
Plvmouth and Wareham, alewives
and shad . . 214, 258, 286, 294, 342

Alewife River to Whitman's Pond,
Weymouth, alewives . . . 187

Alewives, fisheries regulated, 9-12, 319,326

Alewives, Taunton, price may be
fixed by the selectmen ... 65

Alewives and herring, fisheries may
be established by oities and towns, 302

Andover, Merrimack River, alewives
and shad . . 16, 51, 58, 69, 132, 180

Andrews Fishing Company, in Har-
wich, incorporated . . . 207, 221

Apponigansett River, Dartmouth,
seining prohibited .... 264

Artificial propagation of fish, com-
missioners to consider the matter . 279

Ashumet Pond to Bourne's Pond,
Falmouth, alewives . . . 293

Assawampset Brook, alewives . 45, 153

Assonet Fishing Company, herring
and alewives 286

Avery Brook, Charlemontand Heath,
trout 314

B.

Baker's Pond and Drain Fishing
Company, in Yarmouth, incorpo-
rated 282

Ballast not to be cast near the shore
under penalty 4

Barker's River, Pembroke, ale-
wives .... 37, 274, 297

Page
Barlow River, Sandwich, oysters . 329
Barlow's Pond, Mattapoisett, ale-
wives and herring .... 298
Barlow's Pond, Mattapoisett, eels . 344
Barnstable, shell-fish for bait , . 377
Barnstable, Herring River, ale-
wives 223,247

Barnstable, Jones' Mill Creek, trout, 312
Barnstable, Nine Mile Pond Fishing

Company, incorporated . 289, 352, 357
Barnstable, Oyster Island Harbor,

seining prohibited .... 218
Barnstable and Mashpee, seining reg-
ulated .... 276, 385, 390
Barnstable and Mashpee, shell-fish-
eries regulated . . 276, 377, 384
Barnstable and Mashpee, Poppones-

sett Harbor, seining pi'ohihited, 218, 385
Barnstaple and Mashpee, Osterville
Harbor and Popponessett Bav, sein-
ing prohibited, . . ' . 249, 385
Bass, black, fishery regulated, 306, 319, 324,

370
Bass, striped, and bluefish, Edgar-
town 378,389

Bass, tautog and lobsters, Edgar-
town, Chilmark and Tisbury . . 186
Bass, tautog and lobstf rs, Fairhaven,
New Bedford, Dartmouth and

AVestport 178, 374

Bass, tautog and lobsters, Falmouth, 188
Bass, tautog, scuppaug, bluefish and
lobsters. Buzzard's Bay, Sandwich
and Wareham .... 275, 375
Bass River, Dennis and Yarmouth,
alewives, herring, salmon, trout
and perch . . . 241,355,387
Bass River, Yarmouth and Dennis,

smelts 313

Beaver Brook, Dracut, alewives . 177
Berkley, Taunton Great River, ale-
wives and shad . 168, 200, 225, 268
Beverly and Danvers, Porter's, Crane

and Waters Rivers .... 264
Billerica, alewives and shad . 145, 175
Black bass, fishery regulated, 319, 324, 370
Black bass. Lake Cochituate . . 324
Black bass and trout, fisheries regu-
lated 306

Bluefish, Sandwich and Wareham,

Buzzard's Bay .... 275
Bluefish, Vineyard Sound, Barnsta-
ble and Mashpee .... 390
Bluefish, Vineyard Sound, Yar-
mouth, Dennis and Harwich, nets
and seines prohibited . . . 386

394

INDEX.

Page

Bluefish and striped bass, Edgar-
town 378, 389

Bourne's Pond to Ashumet Pond,
Falnionth, alewives . . . 293

Bowman's Pond, Falnioutli, select-
men ma.v permit seines to l)e used, 266

Boxford, Ipswich River, seining pro-
hibited 273

Boxford, Parker, Falls and Rowley
Rivers, alewives, bass, shad and
other fish 126

Boxford, Rush, Little and Johnson's
Ponds to Merrimack River, ale-
wives ...... 106

Bradford, Merrimack River, ale-
wives, salmon and shad . . 96, 101

Braintree, Great and Little Ponds,
pickerel or pike .... 179

Braintree, Monatiquot River, ale-
wives 79

Braintree, Monatiquot River, ale-
wives and other fish . . 137,219

Braintree, Monatiquot River, ale-
wives and shad .... 345

Braintree, Monatiquot River, ale-
wives, shad and smelts . . 159, 200

Braintree, Monatiquot River, herring
and other fish 212

Braintree, Monatiquot River, smelts. 160

Brewster, alewives . . . 138, 260

Brewster, fish-weirs .... 260

Brewster, shell-fisheries . . . 335

Bridgewater, alewives, 62, 85, 89, 153, 163

Bridgewater, Taunton Great River . 196

Bridgewater, Titicut River, alewives
and shad 184, 189

Bridgewater and West Bridgewater.
"Town River, shad, herring and
alewives; fishwaj's . . 326,347

Brighton, Charles River, alewives
and shad .... 146, 191

Bristol County, fisheries regulated, 354,373

Brook, River Meadow, Chelmsford,
passage of fish . . . .59

Buzzard's Bay, seining regulated, 321, 335.

354, 373, 389

Buzzard's Bay, Sandwich and Ware-
ham, lobsters, bluefish, tautog,
bass and scuppaug . . . 276

Buzzard's Bay and Vineyard Sound,
menhaden 299

C.

Caleb's Pond Company in Edgar-
town, herring and perch fishery . 280

Cambridge, Fresh Pond, seines not
to be used 70

Cambridge, Mystic River, alewives
and shad . . .29, 60, 104, 136, 173

Cambridge and West Cambridge,
Fresh Pond Meadows, alewives
and shad 135

Canton, Neponset River, alewives,
shad and other fish . . 67, 78

Canton, Pemkapoag Pond, pickerel
or pike 179

Cape Pond, Gloicester, alewives . 157

Carlisle, River Meadow Brook, pas-
sage of fish 59

Carver, Weweantit River, shad and
alewives .... 71, 168, 346

Page
Carver and Plymouth, East Head,

trout 307

Chappaquansett Pond and Creek,

Tisbury, herring and alewives, 197, 236
Chaiiemontand Heath, Avery Brook,

trout 314

Charles River, fisheries . 76, 130, 140
Charles River, alewives and shad . 139
Charles River, tonicod and smelts . 163
Charles River, Brighton, alewives

and shad 146, 191

Charles River, Watertown, alewives

and shad ..... 150, 191
Charlestown, Mystic River, alewives

and shad . . . 29, 60, 104, 136, 173
Charters, ancient, fisheries regulated, 6
Chatham, eel fishery ... 134

Chatham, shell-fish for bait . . 377
Chatham, fish-weir by Thomas L.

Eldridge and others . . . 261
Chatham, fish-weir by Thomas Spar-
row and others .... 261
Chatham, fish-weir by Samuel Young, 261
Chatham, Nauset Beach, fish -weir . 261
Chatham and Harwich, Skinnaquits
Fishing Company, incorporated . 198,

209, 221
Chebacco Pond, Ipswich, alewives

and shad 127

Chelmsford, Concord River, alewives,

salmon and shad .... 172
Chelmsford, River Meadow Brook,

passage of fish .... 59
Chelmsford, Stoney Brook, passage

offish 113,123

Chilmark, fish-weir by Abner and

George May hew .... 265
Chilmark, lobsters, tautog, bass and

other fish 186

Chilmark Pond, Wequabsqua Fish-
ing Company 246

City and town authorities may regu-
late the taking of eels and certain

shell-fish 356

Clam fishery, Winthrop . . . 336
Clams, taking may be regulated by

city and town authorities . 356, 371
Clapp's Pond, Provincetown, pick-
erel 294

Close seasons .... 318-320
Cocculus Indicus or other poisonous
articles not to be used for destruc-
tion of fish . . . . 197, 368
Cocheco Brook, alewives . . 58, 132
Cochituate Lake, black bass . . 324
Cohasset Gulf Stream, alewives 82, 88
Cohasset and Scituate, alewives . 254
Cohasset and Scituate. Mushqiiash-

uit Creek, eels .... 343
Cole's and Lee's Rivers, Swansea,

seining regulated .... 314
Cole's River and Milford Pond,

Swanzey, herring and shad . . 380
Commissioners of fisheries, for Merri-
mack and Connecticut Rivers . 303
Commissioners of fisheries, to exam-
ine dams throughout the state . 309
Commissioners on inland fisheries,
general powers and duties, 312, 315, 320,

362
Commissioners on inland fisheries,
leasing great ponds, 316, 323, 330, 363,

386, 391

INDEX.

395

Page

Commissioners on inland fisheries,
may occupy great ponds for fish
culture, etc 340

Commissioners on inland fisheries, to
examine dams and fishways upon
Connecticut and Merrimack Rivers, 363

Commissioners on inland fisheries,
to investigate fisheries on North
River, Plymouth County . , 339

Commissioners on inland fisheries,
returns to be made by owners of
weirs, etc., of fish taken . . 341, 356

Concord River, fisheries . . 71, 205

Concord River, mouth of, alewives,
salmon and shad . . .39, 127, 172

Concord River, Billerica, alewives
and shad 145

Conjiamon Ponds, Southwick, fish
not to be taken with seines or nets, 193

Connecticut River, fisheries regu-
lated . 45. 69, 358, 360, 366, 367, 369

Connecticut River, alewives and
shad 332,349

Connecticut River, fish not to be taken
within four hundred yards of a fish-
way 360

Connecticut River, salmon . . 311

Connecticut River, salmon and shad, 132,

205, 313

Connecticut River, shad . 253, 323, 336

Connecticut River, resolution, pas-
t,age of sliad 392

Connecticut River, size of mesh pre-
scribed . . . 295, 318, 348, 367

Connecticut River, commissioners to
be appointed ; construction of fish-
ways .... 303, 320, 340

Connecticut River, attention of state
of Connecticut called to the dam at
Enfield Falls 306

Connecticut River, fishways, etc.,
to be examined by commissioners . 363

Connecticut River, Holvoke, height
of dam . . . " . . .300

Connecticut River, Holyoke, fishway
over dam 312

Connecticut River, South Hadley
Falls, salmon and shad . . 61, 161

Coonamisset Pond, Falmouth, her-
ring and alewives .... 237

Cottage City and Edgartown, seining
regulated 391

Coy's Brook, Harwich, obstructions
to be removed 267

Coy's Brook Fishing Company, Har-
wich, herring 223

Crane, Porter's and Waters Rivers in
Danvers and Beverly . . . 264

Cultivation of useful fishes, 279, 309, 315,
321, 323, 324, 325, 329, 330, 332, 340, 347

D.

Dam Pond to Wild Harbor, Fal-
mouth, alewives .... 255
Dams, fishways . . . 303, 315, 340
Danvers, alewives . . 14, 120, 142
Danvers, Ipswich River, alewives and

other fish . . . 129, 134, 177, 180
Danvers and Beverly, Porter's, Crane

and Waters Rivers .... 264
Dartmouth, lobsters, tautog, bass and
other fish 178, 374

Page

Dartmouth, Apponigansett River and
tributaries, seining prohibited . 264

Dartmouth, Pasequamanset River,
alewives 53

Deerfield River, size of mesh pre-
scriljed .... 318, 348, 367

Dennis, alewives . . .211, 246

Dennis, alewives, herring, perch and
eels 151

Dennis, fish-weir, by Ira Wixon and
Elijah Whittemore . . . .262

Dennis, fish-weir by Barnabas W. Ei-
dridge and others .... 262

Dennis, Flax Pond to Sesuit Creek,
alewives 251

Dennis, Vineyard Sound, bluefish . 386

Dennis and Yarmouth, Bass River,
alewives, herring, salmon, trout
and perch . . . 241, 3-55, 387

Dennis and Yarmouth Improvement
Company may conduct fisheries;
artificial propagation of fish . . 379

Dexter's River and Coonamisset
Pond, Falmouth, herring and ale-
wives 237

Dighton, Newmasket River, alewives
and shad 270

Dighton, Taunton Great River, ale-
wives and shad, 155, 168, 200, 225, 268

Dorchester, Neponset River, ale-
wives and other fish ... 67

Dorchester, Neponset River, smelts
and eels 181

Dracut, Beaver Brook, alewives . 177

Dracut, Peter's Pond, alewives . . 203

Dukes County, fisheries regulated, 354, 373,

383, 391

Dukes County, leasing of Great
Ponds, 323, 337 ; repealed . . 355

Dukes County, smelts . . . 313

Dunstable, Massapaug Ponds . . 120

Duxbury, deposit of waste dressing
in waters of 279

Duxbury, Island Creek Brook, ale-
wives 80

E.

East Bridgewater, Satucket River,
shad, herring and alewives ; fish-
ways 326, 347

East Falmouth, Herring River Com-
pany, incorporated .... 293

East Head, Carver and Plymouth,
trout 307

East Quittacus Pond, alewives, 94, 124, 154

Eastham, fish-weir .... 244

Eastham, Great Pond, alewives . 350

Eastham Fishing Company, incorpo-
rated 218

Edgartown, eels 352

Edgartown, harbor of, seining regu-
lated .... 190, 277, 328

Edgartown, lobsters, tautog, bass and
other fish 186

Edgartown, striped bass and blue-
fish 378, 389

Edgartown, Farm Pond Fishing
Company, incorporated . . 275, 383

Edgartown, Great Pond, Mattakce-
sett Herring Fishery . . . 247

Edgartown, Great Pond and Job's
Neck Pond through South Beach
to the ocean . . . 359, 379, 383

396

INDEX.

Page
Edeartown Oyster Pond, seining reg-
ulated 277

Edcrartown, Pocha Pond Meadow and
Fishing Company, incorporated, 239, 248,

272
Edgartown, Sachachautacket Fish-
ing Company, incorporated . . 220
Edjiartown, Trap's Creeli Fishing

Company, incorporated . 217, 239, 266
Edgartown and Cottage City, seining

regulated 391

Eel River and Town Brooli, Ply-
mouth, herring .... 298
Eels and shell-fish, Marshpee and

Barnstable 384

Eels, taking may he regulated by
city and town authorities . . 356

Eels, Chatham 134

Eels, Edgartown .... 352

Eels, Eel River, Plymouth . . 339

Eels, Harwich 184

Eels, Herring River, Wellfleet . . 344
Eels, Ipswich River and tributaries, 349
Eels, Jehu's Pond, Mashpee . . 336
Eels, Jones River, Kingston . . 339
Eels, Mattapoisett River and Bar-
low's Pond 344

Eels, Mushquashuit Creek, Scituate

and Coliasset 343

Eels, Muskeekit Island, Nantucket, 202
Eels. Neponset River, Dorchester

and Milton 181

Eels, North River in the county of

Plymouth 350

Eels, Orleans 69

Eels and shell-fish, taking regulated

by cities and towns . . . 371

Egremont, Winchel's Pond, pickerel, 156
Eldridge, Barnabas W., and others,

fish-weir in Dennis .... 262
Eldridge, Thomas L., and others,

fish-weir in Orleans . . . 261
Eldridge, William W., and others,

fish-weir in Harwich . . . 264
Ell Pond, Mystic River, Maiden,

alewives and shad . . . 84, 110
Essex, Chebacco Pond, shad and

alewives 127

Essex, Mill River, alewives and shad ;

fishways 352

Essex Company, to maintain fishway,
Merrimack River, at Lawrence . 278

F.

Fairhaven, lobsters, tautog, bass and
other fish .... 178, 374

Fairhaven, seining regulated . . 244

Fall River, Mount Hope Bay, shell-
fisheries 334

Fall River, Taunton Great River,
alewives and shad . . 168, 225, 268

Fall River, Watuppa Pond, seining
prohibited 345

Falls River, alewives, shad and other
fish 116, 133

Falls River, Newbury, Rowley and
Boxford, alewives, bass, shad and
other fish 125

Falmouth, alewives ... 75. 80

Falmouth, fisheries regulated . 354, 373

Pace
Falmouth, seining regulated . . 283
Falmouth, lobsters, tautog, bass and

other fish 188

Falmouth, Ashumet Pond to Bourne's

Pond, alewives .... 293
Falmouth, Bowman's, Little and
Perch Ponds, selectmen may per-
mit seines to be used . . 266
Falmouth, Dam Pond to Wild Har-
bor, alewives 255

Falmouth, Dexter's River and Coona-

misset Pond, herring and alewives, 237
Falmouth, Little Sipwissett Cran-
berry and Fishing Company,

incorporated 290

Falmouth, Oyster Pond River Com-
pany, alewives .... 267
Falmouth, Waquoit Bay, seining

prohibited 247

Farm Pond Fishing Company, Edgar-
town, incorporated . . . 275, 383
First Herring Brook, Scituate, ale-
wives 163

Fish, six score and twelve, accounted

to the hundred .... 3
Fish, inspection and packing . . 353
Fish, artificial propagation of, com-
missioners appointed to consider

the matter 279

Fish culture, 279, 309. 315, 321, 323, 324,
325, 329, 330, 332, 340, 347, 379
Fish or lobsters, traps, trawls and

seines not to be molested . . 377
Fishery of ponds of more than

trt'enty acres to be public . . 363
Fishing, fowling and hunting to be

free 3

Fishways over dams . . . 303,315
Fishways over dams to be con-
structed under direction of com-
missioners 363

Fish-wear Company, incorporated . 210
Fish-weir, Brewster .... 260
Fish-weir, Chatham . . . .261
Fish-weir, Dennis .... 262
Fish-weir, Eastham .... 244
Fish-weir, Harwich . . . 203, 264
Fish-weir, Orleans . . . 261,263
Fish-weir, Provincetown . . . 253
Fish- weir, Yarmouth . . . 265

Fish-weirs, construction of . . 345
Fish-weirs, pounds, etc., owners to
make returns of fish taken, to com-
missioners .... 341, 356
Fish-weirs, city and town authorities

may authorize construction . . 273
Flax Pond to Saugns River, Lynn,

alewives and shad . . . 183, 343
Flax Pond to Sesuet Creek, alewives, 251,

360
Flax Pond Fishing Company,

Dennis, incorporated . . . 251
Framingham, shad and alewives . 50
Framingham, seines not to be used . 176
Freetown, Taunton Great River, ale-
wives and shad . . 168, 225, 268
Fresh Pond, Cambridge and Water-
town, fisheries . • . . .70
Fresh Pond Brook, Plymouth, ale-
wives 78

Fresh Pond Meadows, Cambridge
and West Cambridge, alewives
and shad 135

INDEX.

397

G.

Page

157

Gloucester, Cape Pond, alewives
Gloucester, Granite or Goose Cove

Pond, lobsters .... 379

Gosnold, Pasque Island Corporation,

incorporated 308

Granite or Goose Cove Pond, Glou-
cester, lobsters and other fish . 379
Gravel Island, seining regulated, 245, 263,

283, 322
Great Harrington, pickerel . . 159
Great Marsh Dyking, Water Power

and Fishing Company, fisheries . 245
Great Pond, Easthain, alewives . 350
Great Pond, Edgartown, Mattakee-

set Herring Fishery . . . 247
Great Pond, Edgartown, seining reg-
ulated 329

Great Pond, Weymouth, alewives . 86
Great Pond to Ipswich River, Mid-

dleton, alewives .... 95
Great and Little Ponds, Braintreeand

Randolph, pickerel or pike . . 179
Great Pond and Job's Check Pond,
Edgartown, channel through South
Beach to the ocean . . 359, 379, 383
Great ponds, fish culture, etc , by

commissioners . . . 340, 364
Great Ponds, may be leased by com-
missioners, 316, 323, 330, 332, 363 ;

repealed 386, 391

Great ponds, limits may be fixed . 364
Great Ponds in Dukes County . 323, 337,

355

Grist-Mill Pond, Wareham, trout . 310

Groton, Massapaug Ponds . . 120

Gulf Stream, between Scituate and

Cohasset, alewives ... 82, 88

H.

Half-way Pond and Agawam Rivers,
Plymouth, alewives . . . 230

Half-way Pond and Agawam Rivers,
Plymouth and Wareham, alewives
and shad . .214, 258, 286, 294, 342

Halifax, alewives .... 163

Halifax, Monponset River, shad,
herring and alewives ; fishways, 326, 347

Hamilton, alewives and shad . 127, 130

Hamilton, Ipswich River, alewives
and other fish 129

Hamilton, Ipswich River, seining
prohibited 273

Hamilton, Miles River, alewives and
shad Ill

Hanover, Indian Head Pond, alewives, 48,

283

Hanson, Indian Head River, alewives, 358

Harwich, alewives 19, 137, 138, 187, 267

Harwich, eels, and oysters and other
shell-fish 184

Harwich, Andrews Fishing Company
incorporated .... 207, 221

Harwich, Coy's Brook Fishing Com-
pany, incorporated . . . .223

Harwich, Coy's Brook, obstructions
to be removed ■ 267

Harwich, Herring River, alewives . 230,

232, 247

Harwich, fish-weir, William W. El-
dridge and others . . . .264

Harwich, fish-weir, Jesse Tuttle and

others

Harwich, Vineyard Sound, bluefish,
Harwich and Chatham, Skinnaquits
Fishing Company, incorporated, 198,

Harwich, White Pond Fishing Com-
pany, incorporated ....

Haverhill, streams into Merrimack
River, alewives ....

Haverhill, ponds in .

Haverhill, pickerel and perch .

Heath and Charlemont, Avery
Brook, trout ....".

Herring fisheries, may be established
by cities and towns

Herring fisheries, Plymouth

Herring Pond and Monument River,
herring

Herring River, Barnstable, alewives,

Herring River, Harwich, alewives

230

Herring River, Sandwich, alewives,

256

Herring River, Wellfileet, eels .

Herring River Company, incorpo-
rated

Hester's Pond to Pleasant Bay,
Orleans, alewives ....

Hinghani, Ware River to Accord
Pond, alewives and shad

Holyoke, Connecticut River, height
of dam

Holyoke, Connecticut River, flshway
over dam ....".

Hoosick River, Williamstown and
Adams, seines or nets not to be
used

Housatonic River, size of mesh pre-
scribed .... 318, 348

Hummock Pond, Nantucket, seining
regulated

Humphrey's Pond to Ipswich River,
Damvers, alewives and other fish .

Page

263
386

209,
221

232

98
238
167

314

302
296

321
223,
247

187.
,232
203,
,259
344

233

208

118

30O

312

179

,367

339

134.
180

Indian berry or other poisonous
article not to be used for destruc-
tion of fish . . . . 197, 368

Indian Head River, Hanson, ale-
wives 358

Indian Head River and Pond, Pem-
broke and Hanover, alewives, 48, 283

Indian Ponds, Pembroke, alewives . 35,

256, 274, 297, 357

Indian Ponds, to North River, . . 256

Inland fisheries, commissioners on,
general powers and duties, . 312,315,

320, 362

Inland fisheries, laws relating to cul-
ture, capture, etc., of fish . . 362

Inspection and packing of fish, . . 353

Ipswich, Ipswich River, alewives and
other fish, 58,66, 129, 186, 189, 195,21.S,

231,263,272

Ipswich, Miles River, alewives and
shad Ill

Ipswich, Chebacco Pond, alewives
and shad, 127, 130

Ipswich, Ipswich River and tributa-
ries, eels 349

398

INDEX.

Page
Ipswich River, alewives and other
fish, 24, 58, 66, 114, 115, 129, 134, 184,
189, 218, 231, 263, 272, 277
Ipswich River, alewives and shad, 140,186
Ipswicli River, Danvers, . . 129, 177
Ipswich River to Humphrey's Pond,

Danvers, alewives , . . 134, 180
Ipswich River to Prichard's Pond,

Topsfield, alewives . . . .96
Ipswich River, Hamilton, Wenham,
Topsfield, Boxford and Middleton,
seining prohibited . . . . 273
Ipswich River, Middleton, alewives

and shad . . .58, 66, 95, 129, 177
Ipswich River, Reading, . 66, 129, 177
Ipswich River and tributaries, ale-
wives and shad not to be taken for

three years 311

Island Creek Brook, Duxbury, ale-
wives 80

Island River, Maiden, smelts . . 128

J.

Jarvis, Timothy, and Augustus Paine,

fish-weir in Brewster . . . 260
Jehu's Pond, Mash pee, eels . . 336
Job's Neck Pond and Great Pond,
Edgartown, channel through South
Beach to the sea . . 359, 379, 383
Jones' Mill Creek, Barnstable, trout . 312
Jones River and Stonj' Brook, Kings-
ton, alewives .... 168, 327
Jones River, Kingston, eels . . 339
Johnson's Pond, Boxford, alewives . 106
Johnston's Brook, Bradford, ale-
wives, salmon and shad . . 96, 101

K.

Katama Bay, Edgartown, seining

regulated 329

Kingston, alewives .... 90
Kingston, deposit of waste dressing

of menhaden in waters of . . 279
Kingston, Jones River, eels . . 339
Kingston, Jones River and Stonv
Brook, alewives . . . 168, 327

L.

Lagoon Pond in Dukes County, sein-
ing regulated .... 197, 291

Lagoon Pond Company in Dukes
County, herring and perch . 280, 388

Lake Cochituate, black bass . . 324

Lake trout, fishery regulated, 319, 335, 369,

383

Lakeville, Newmasket River, ale-
wives and shad . . . 270, 292

Lakeville and Rochester, Little Quit-
ticus Pond, fishing prohibited for
six years 292

Land-locked salmon, fishing regu-
lated. . . . 319,335,369,383

Lawrence, fishway to be maintained
by the Essex Companv . . 278, 300

L-asinc of great ponds, 316, 323, 330,
332, '363; repealed . . . 386,391

Leasing of great ponds in Dukes
County .... 323,337,355

Lee's River, Swansea and Somerset,

Page

seining regulated .... 314

Lincoln, restrictions upon fishing in
ponds 183

Little Quitticus Pond, Lakeville and
Rochester, fishing prohibited for
six years 292

Little Sipwissett Cranberry and Fish-
ing Company, Falmouth, incorpo-
rated 290

Little Pond, Boxford, alewives . . 106

Little Pond, Falmouth, selectmen
may permit seines to be used . 266

Little Long Pond, Rochester, ale-
wives 103

Little River, West Cambridge and
Somerville .... 228,232

Lobsters, fishery regulated 373, 378, 389

Lobsters, Provincetown . . . 374

Lobsters, bluefish, tautog, bass and
scuppaug, Buzzard's 13ay, Sand-
wich and Wareham, . . 275, 375

Lobsters or fish, traps, trawls and
seines, not to be molested . . 377

Lobsters, tautog, bass and other fish,
Fairhaven, New Bedford, Dart-
mouth and Westport . . 178, 374

Lobsters, tautog, bass and other fish,
Edgartown, Chilmark and Tisl)ury, 186

Lobsters, tautog, bass and other fish,
Falmouth 188

Lobsters, Granite or Goose Cove
Pond, Gloucester . . . .379

Long Pond, Nantucket, seining pro-
hibited 219

Long Pond and Maddecket Ditch
and harbor, Nantucket . . . 221

Long Pond to Swan Pond, Yarmouth,
alewives 222

Long Pond Fishing Company in Yar-
mouth, incorporated . . 222, 358

Lord's Day, taking fish punishable
by fine 300

Lowell, Merrimack River, fishway at
dam 300

Lynn, alewives . . . . 92, 110

Lynn, Saugus River, alewives and
shad 181,240,249

Lynnfield, alewives . . . 92, 110

Lynnfield, Saugus River, alewives
and shad 181

M.

4-7

Mackerel, fishing regulated
Maddecket Ditch and Harbor, Nan-
tucket 221

Magonsett Fishing Company, Fal-
mouth, incorporated . . . 255
Maiden, alewives and shad . 147, 194
Maiden, Island River, smelts . . 1'28
Maiden, Mystic River, alewives and

shad .... 60, 84, 110

Maple Spring Pond, Wareham, trout, 291
Marion, seining regulated in harbor, 296
Marion, fisheries regulated . 354, 373
Marshfield, South River, alewives

and sbad 162

Marshfield, North River to Indian

Ponds, alewives . . . 257, 357
Mashpee [Marshpee], office of com-
missioner abolished . . . 256
Mashpee, pickerel and perch . , 282

INDEX.

399

Page

Maslipee, seining bluefish prohibited, 390

Mashpee, Jehu's Pond, eels . . 336

Mashpee, Mashpee River, trout, 241, 284

Mashpee, Quashnet River, trout . 295

Mashpee, Wakepee Pond, alewives, 88, 105

Mashpee and Barnstable, seining
regulated .... 276, 385, 390

Mashpee and Barnstable, shell-tish
and eels . . . . . 377,384

Mashpee and Barnstable, shell-fish-
eries regulated . . . 276, 384

Mashpee and Barnstable, Poppones-
sett Harbor, seining prohibited . 218

Mashpee and Barnstable, Poppones-
sett Bay and Osterville Harljor,
seining prohibited . . . 249, 385

Massapaug Ponds, Dunstable, Groton
and Tyngsborough, fisheries . . 120

Massapog Pond, alewives and other
fish 66

Mattakeeset Herring Fishery, Great
Fond, Edgartown .... 247

Mattapoisett, fisheries regulated, 354, 373

Mattapoisett, seining regulated in
harbor 296

Mattapoisett, Barlow's Pond, ale-
wives and herring .... 298

Mattapoisett River, Rochester, ale-
wives . 21, 32, 41, 103, 129, 141, 159

Mattapoisett River, Rochester, shad, 196

Mattapoisett River and Barlow's
Pond, Mattapoisett, eels . . 344

Mayhew, Abner and George, fish-weir
in Chi I mark 265

Medford, Mystic River, alewives and
shad, 29, 60, 104, 136, 173, 207, 308, 351

Medford, Mystic River, fish not to be
taken within fifty rods of a fish-
way 300

Medford, Middlesex Canal, alewives,
salmon and shad .... 167

Menhaden, seining regulated in riv-
ers 281

Menhaden, deposit of waste dressing
in waters of Duxbuiy, Plymouth
and Kingston 279

Mendaden, Buzzard's Bay and Vine-
yard Sound 299

Menhaden and other sea-fish, Merri-
mack River 164

Merrill Pond, Wendell, trout . , 312

Merrimack River, alewives, salmon
and shad, 38, 60, 113, 119, 123, 127, 130,
132, 164, 165, 171, 201, 203, 236, 309, 332,

367, 369

Merrimack River, menhaden and
other sea-fish 164

Merrimack River, salmon . . .62

Merrimack River, " shiners " for bait, 381

Merrimack River, smelts and pick-
erel 328

Merrimack River, sturgeon . . 379

Merrimack River, fish not to be taken
within four hundred yards of a fish-
way 360, 367

Merrimack River, use of nets regu-
lated 367, 379

Merrimack River, size of mesh pre-
scribed . . . 318, 348, 367, 385

Merrimack River, permits for taking
fish 382

Merrimack River, commissioners to
be appointed ; fishways . 303, 320, 340

Page

Merrimack River, fishways and
dams to be examined by commis-
sioners 363

Merrimack River and tributaries,
fishing regulated . . . 360, 367

Merrimack River, Andover, ale-
wives . . 16, 51, 58, 09, 132, 180

Merrimack River, Andover, ale-
wives, salmon and shad, 58, 69, 132, 180

Merrimack River, Boxford, alewives, 106

Merrimack River, Bradford, ale-
wives, salmon and shad . . 96, 101

Merrimack River, Haverhill, ale-
wives 98

Merrimack River, Lawrence, fishway
to be maintained by the Essex
Company 278

Merrimack River, dams at Lawrence
and Lowell 300

Merry's Pond, Rochester, alewives, 123

Methuen, Peter's Pond, alewives . 203

Middleborough, inhabitants may
establish price of fish ... 70

Middleborough, alewives, 89, 94, 124, 153,

213

Middleborough, Newmasket River,
alewives and shad .... 270

Middleborough, Newmasket River, 202,292

Middleborough, Taunton Great
River 196,227

Middleborough, Titicut River, ale-
wives and shad .... 184

Middleborough, Titicut River, Old
Stone Weir and Assawomsett
Brook, alewives, 45, 153, 171, 184, 189

Middlesex Canal, Medford to Merri-
mack River, alewives, salmon and
shad 167, 175

Middlesex Canal, Billerica . . 175

Middleton, Ipswich River, seining
prohibited 273

Middleton, Ipswich River, alewives
and other fish . 58, 66, 95, 129, 177

Middleton, Great Pond to Ipswich
River, alewives and shad . . 95

Miles River, Wenham, Hamilton and
Ipswich, alewives and shad . . Ill

Milford Pond, Swanzey, herring and
shad 380

Mill River, Essex, alewives and
shad; fishways .... 352

Mill River, Sandwich, alewives . 324

Mill River, Taunton, alewives . . 73

Miller's River, size of mesh pre-
scribed .... 318, 348, 367

Milton, Neponset River, alewives
and other fish 67

Milton, Neponset River, smelts and
eels 181

Monatiquot River, Braintree, ale-
wives 79

Monatiquot River, Braintree, smelts, 159

Monatiquot River, Braintree, ale-
wives and other fish . . . 137

Monatiquot River, Braintree, ale-
wives and shad .... 345

Monatiquot River, Braintree, ale-
wives, shad and smelts . . 159, 200

Monatiquot River, Braintree, her-
ring and other fish .... 212

Monatiquot River, Braintree and
Weymouth, seining regulated . 219

Monoinoy Bay, shad . . . .221

400

INDEX.

Page

Monp'^nset River, Halifax, shad,
herring and alewives ; fishwaj's, 326, 347

Monument River and Herring Pond,
herring 321

Mount Hope Bay, Fall River, Som-
erset and Swansea, shell-fisheries, 334

Mushquashuit Creelj, Scituate and
Cohasset, eels 343

Muskeeket Island, eels . . . 202

Muskeeket Island, seining regulated, 245,

263, 283, 322

Mystic Pond, alewives ... 30

Mystic Pond, Woburn, alewives and
shad 148

Mystic Pond and River, Winchester,
alewives and shad . . 290, 296, 308

Mystic River, to be restocked with
tish 308, 310

Mystic River, Cambridge, Charles-
town and Medford, alewives and
shad . 29, 60, 104, 136, 147, 173

Mystic River, Ell Pond, Maiden,
alewives and shad . . .84, 110

Mystic River, xMedford, alewives and
shad . . . 104, 207, 308, 351

Mystic River, Medford, West Cam-
bridge and Winchester, fish not to
be taken within fifty rods of a fish-
way 300

Mystic River, Somerville, alewives
and shad 308

Mystic River, West Cambridge, ale-
wives and shad . . 135, 180, 308

Mystic River, Woburn, alewives and
shad 147

N.

Nantucket, great ponds, seining pro-
hibited 338

Nantucket, ponds, creeks and har-
bors, town may regulate fisheries, 268

Nantucket, Hummock Pond, seining
regulated 339

Nantucket, Long Pond, seining pro-
hibited 219

Nantucket, Lond Pond and Mad-
decket ditch and harbor . . 221

Nantucket, Muskeeket Island, eels, 202

Nantucket, Tuckernuck, Smith's,
Muskeeket and Gravel Islands,
seining regulated, . 24.5, 263, 283, 322

Nantucket, shell-fish for bait . . 377

Nantucket Fishing Company, incor-
porated 302

NainMcoit Point, Orleans, fish-weir . 210

Nashua River, fisheries regulated . 367

Nashua River, size of mesh pre-
scribed .... 318, 348, 367

Natick, alewives and shad . . 62

Neponset River, Stoughton and Can-
ton, alewives, shad and other fish, 66, 78

Neponset River, Dorchester and Mil-
ton, smelts and eels . . .181

New Bedford, Acquesnet River, ale-
wives 43

New Bedford, seining regulated in
harljor 244, 259

New Bedford, lobsters, tautog, bass
and other fish .... 178, 374

Newbury, Parker River, alewives,
bass and shad . 55, 125, 213, 283

Newbury, Parker River, bass . . 65

Paije

Newmasket River, alewives and shad, 189,
201, 269, 301, 325, 337, 342, 369

Newmasket, Middleborough and
Lakeville, alewives and shad . 292

Newton, alewives and shad . .114

Newton, Charles River, alewives and
other fish 130

Nine Mile Pond Fishing Company,
Barnstable, incorporated, 269, 352, 357

North Falmouth Fishing Company,
incorporated, Nye's Pond to Cau-
tomot Harbor 210

North River, Pembroke, alewives, 37, 132,

141, 219, 239, 357

North River, Pembroke, Scituaie,
South Scituate and Marshfield . 256

North River, mesh-nets . . . 250

North River, in the county of Ply-
mouth, 132, 141, 219, 239, 328,339,341,
344, 357, 381, 383, 389

North River, in the county of Ply-
mouth, eels 350

Nye's Pond, Sandwich, trout . . 292

Nye's Pond to Cautomot Harbor,
Falmouth, alewives . . . 210

O.

Old Stone Weir and Assawampset
Brook, Middleborough, alewives, 45, 153,

171,201

Orleans, may regulate fishery in
Pleasant bay 277

Orleans, eel fishery . . . .69

Orleans, fish-weir by Thomas El-
dridge and others .... 261

Orleans, fish-weir by Eleazer Rogers,
Jr., and others .... 262

Orleans Fish-wear Company, incor-
porated 210

Orleans Fishing Company, Hester's
Pond to Pleasant Bay m Orleans,
alewives 208

Orleans, Rock Harbor Fishing Com-
pany, incorporated . . . .211

Osterville Harbor, Barnstable, sein-
ing prohibited .... 249, 385

Oyster Island Harbor, Barnstable,
seining prohibited .... 218

Oyster Pond, Edgartown, seining
regulated 277

Oyster Pond River Company, Fal-
mouth, alewives .... 267

Oysters, fishery regulated, 348, 375, 376,

3ob, 391

Oysters and other shell-fish, Harwich i84

Oysters, scallops and other shell-fish,
taking regulated .... 387

Oysters, Barlow River, Sandwich . 329

P.

Paine, Augustus, and Timothy Jar-
vis, may construct fish-weirs in
Brewster 260

Palmer's River, Rehoboth, alewives
and shad .... 229, 252, 338

Palmer's River, Rehoboth, wtirs pro-
hibited 212

Palmer's River, Rehoboth and Swan-
zey, alewives and shad . 108, 104, 172

Palmer's River, Swanzey, alewives
and shad 206, 338

INDEX.

401

I'age
Parker lliver, alewives, sliail and

other tisli 116, 133

Parker River, Newbury, alewives,

bass and .«-had . . 55, 125, 213, 283
Parker River, Newbury, liass . . 65
Parker River, Newlniry, Rowley and
Boxford, alewives, shad, bass and

other tish 125

Parker's River, Yarmouth, alewives, 222
Pasequamanset River, Dartmouth,

alewives 53

Pasque Island Corporation, Gosnold,

incorporated 308

Pembroke, North River, alewives, 37, 132,

141, 219, 239, 357
Pembroke, Indian Ponds, alewives . 35,

256, 274, 297, 357
Pembroke and Hanover, Indian Head

Pond, alewives ... 48, 283
Perch, Plymouth .... 351
Perch, white, lishery regulated . . 319
Perch and pickerel, Marshpee . . 282
Perch Pond, Falmouth, selectmen

may permit seines to be used . 266
Permits for taking fish in Merrimack

River 382

Peter's Pond, Dracut and Methuen,

to Merrimack River, alewives . 203
Pickerel, fisheries regulated . . 190
Pickerel, Clapp's Pond, Province-
town 294

Pickerel, Great Barrington . . 159
Pickerel, Great Pond, Braintree and

Randolph 179

Pickerel, Little Pond, Braintree . 179
Pickerel, Ponkapoag Pond, Canton

and Randolph .... 179
Pickerel, Winchel's Pond, Egremont, 159
Pickerel and perch, Marshpee . . 282
Pickerel and smelts, Merrimack

lliver 328

Pickerel and trout, to be taken only

with hook and line . . . 2t9, 284
Pleasant Bay, fishery may be regu-
lated by the town of Orleans . . 27/
Plymouth Colony, laws regulating

fisheries 3-12

Plymouth, perch .... 351
Plymouth, deposit of waste dressing

of menhaden in waters of . . 279
Plymouth, Eel River, eels . . 3o9

Plymouth, Eel lliver and Town

iirook. herring .... 298
Plymouth, Fresh Pond Brook, ale-
wives ....,,. 78
Plymouth, Town Brook, alewives, 34, 190
Plymouth, Agawam and Half-way

Pond Rivers, alewives . . . 230
Plymouth and Carver, East Head,

trout 307

Plymouth and Wareliam, Agawam
and Half-way Pond Rivers, ale-
wives and shad, 214, 258, 286, 294, 342
Pocha Pond Meadow and Fishing
Company in Edgartown, incorpo-
rated .... 239, 248, 272
Ponds, to be restocked with black

bass and other fish .... 310

Ponds, rights of owners protected . 331

Ponds, seines and nets prohibited . 385

Ponds of more than twenty acres,

fishing to be public . . . 363

Page

Ponds, great, fish culture by commis-
sioners 340, 364

Ponds, great, may be leased by com-
missioners, 316, 323, 330, 332, 363;
repealed 386, 391

Ponds, great, limits may be fixed . 364

Ponkapoag Pond, alewives and other
fish 66

Ponkapoag Pond, Canton and Ran-
dolph, pickerel or pike . . . 179

Popponessett Bay, Barnstable and
Marshpee, seining prohibited 249, 385

Popponessett Harbor, Barnstable and
Mar>hpee, seining prohibited, . 218

Porter's, Crane and Waters Rivers, in
Danvers and Beverly . . . 264

Prichard's Pond to Ipswich River,
Topsfield, alewives ... 96

Propagation of fish, 279, .309, 315, 321, 323,
324, 325, 329, 330, 332, 340, 347, 379

Provincetown, lobsters . . . 374

Provincetown, Clapp's Pond, pick-
erel 294

Provincetown Harbor, Long Point,
fish-wear 253

Quahaugs, taking may be regulated
by city and town ituthorities . 356, 371

Quannapowett, Lake, and Saugus
River, Wakefield and Saugus, sal-
mon, shad and alewives . . . 343

Quashnet River, Marshpee, trout . 295

Quintal of fish, one hundred pounds

nunirrl II rM^ic ^ 212

avoirdupois

R.

Randolph, Piinkapoag and Great
Ponds, pickerel or pike . . . 179

Raynham, Taunton Great River, ale-
wives and shad . . 168, 225, 268

Ilaynhaiii, Tiiicut River, alewives . 153

Reading, alewives . . .92, 110

Reading, Ipswich River, alewives and
other fish . . . . 66, 129, 177

Red River, in Harwich and Chatham, 198

Rehoboth, Palmer River, weirs pro-
hibited 212

Rehoboth, Palmer's River, alewives
and shad, 108, 164, 172, 229, 252, 338

Rehoboth, Runins' River, alewives
and shad 109

Resolution, passage of shad in Con-
necticut lliver 392

Resolves, fishery clauses of the treaty
of Washington . . . .353

Restocking the rivers and ponds . 310

Restocking Ipswich River and tribu-
taries 311

Restocking Mystic River and trilju-
taries 308, 310

Returns of fish taken in weirs and
pounds to be made to the commi.—
sioners 341, 356

River Meadow Brook, Chelmsford,
passage of fish .... 59

Rivers to be restocked with alewives,
salmon and shad .... 310

Rochester, East and West Quittacus
Ponds, alewives . . .94, 124

402

INDEX.

Rochester, Mattapoisett River, ale-
wives . 21, 32, 44, 103, 129, 141

Rochester, Mattapoisett River, shad,

Rochester, Merry's Pond, Sippican
River, alewives ....

Rochester, Weweantit River, shad
and alewives . . 71, 168, 209

Rochester and Lakeville, Little Quit-
ticus Pond, fishing prohibited for
six j-ears

Rock Harbor Fishing Company,
Orleans, incorporated

Rogers, Eleazer, Jr., and others, fish-
weir in Orleans ....

Rowley River, alewives, bass, shad
and other fish

Rowley River, bass ....

Runins' River, Rehoboth, alewives
and shad

Rnsli Pond, lioxford, alewives .

Russell Pond, trout fishing pro-
hibited

Page

, 159
196

123

,346

292
211
262

12.T

65

109
106

197

Salem; alewives, . . 14, 120, 142

Salmon fishing, regulated . 319, 354, 368
Salmon trout, fishing regulated . 355
Salmon, land-locked, fisbing regu- .

lated . . . 319,335,369,383
Sanchachantacket Fishing Company,

in Edgartown, incorporated . . 220
Sandwich, fisheries regulated . 354, 373
Sandwich, Barlow River, oysters . 329
Sandwich, Herring River, alewives, 203,

256, 259
Sandwich, Mill River, alewives . 324
Sandwich, Nye's Pond, Sandwich . 292
Sandwich and Wareham, Buzzard's
Bay, lobsters, bluefisb, tautog,
bass and scuppaug . . . 275, 375
Sandwich, Buzzard's Bay Fishing

Company, incorporated . . . 216
Satucket River, East Bridgewater,
shad, herring and alewives; fish-
ways 326, 347

Saugus, Saugus River, alewives . 240
Saugus, Saugus River, alewives and

shad

Saugus River, seining prohibited
Saugus River, Lynn, Saugus and

South Reading, alewives
Saugus River, Lynn, alewives and

shad

Saugus River, Saugus, South Read-
ing and Lynnlield, alewives and

shad

Scallops, taking may be regulated by

city and town authorities, 356, 371, 387
Scituate, First Herring Brook, ale-
wives 163

Scituate, Gulf Stream, alewives 82, 88
Scituate, North River to Indian Ponds, 257,

357
Scituate and Cohasset, alewives . 254
Scituate and Cohasset, Mushquashuit

Creek, eels 343

Scuppaug, tautog, bluefish, bass and
lobsters, Buzzard's Bay, Wareham
and Sandwich .... 275, 375
Scusset River, West Sandwich, ale-
wives 259

181
343

240

249

181

335

334
337

347

384
381
123

198
327
132
313

Page

Sengekontacket Pond, Edgartown,
seining regulated .... 329

Sesuit Creek, Dennis, alewives . 251, 360

Shad fisheries, regulated . .196, 319

Sharon, Neponset River, alewives
and other fish 67

Shawshine [Shawsheen] River, ale-
wives ... 58, 78, 132, 180

Shell fisheries, regulated, 307, 326, 351, 371,

387

Shell-fish, taking may be regulated
by citv and town authorities, 356, 371,

375, 370, 387

Shell-fish, Barnstable and Marshpee, 276,

384

Shell-fish, Brewster ....

Shell-fish, Mount Hope Bay, Fall
River, Somerset and Swansea

Shell-fish in Somerset and Swansea .

Shell-fish, Thompson's Island, Bos-
ton Harbor

Shell-fish and eels, Marshpee and
Barnstable

Shiners for bait, Merrimack River .

Sippican River, Rochester, alewives .

Skinnaquits Fishing Company, in
Harwich and Chatham, incorpo-
rated .... 198, 209, 221

Skinnaquits Stream, Harwich and
Chatham, alewives

Smelt Brook, Kingston, alewives

Smelt Brook, Pembroke, alewives .

Smelts in Dukes County .

Smelts, fishery regulated, 311, 313, 318,
319, 330, 331, 333, 370

Smelts, Bass River .... 313

Smelts, Island River, Maiden . . 128

Smelts, Monatiquot River, Braintree 160

Smelts and eels, Neponset River,
Dorchester and Milton, .

Smelts and pickerel, Merrimack
River . . .

Smelts and tomcod, Charles River .

Smith's Island, seining regulated, 245, 263,

283, 322

Snipticit Pond, Rochester, alewives . 103

Somerset, Taunton Great River, ale-
wives and shad . 168, 225, 229, 268

Somerset, Newmasket River, ale-
wives and shad .... 270

Somerset and Swansea, Lee's River,
seining regulated .... 314

Somerset and Swansea, Mount Hope
Bay, shell-fisheries . . . 334, 337

Somerville, Mystic River to Mystic
Pond, alewives and shad

Somerville, Little River . . 228, 232

Southwick, Congamon Ponds, fish
not to be taken with seines or nets.

South Hadley Falls, Connecticut
River, salmon and shad . . 61, 161

South Reading, Saugus River, ale-
wives

South Reading, Saugus River, ale-
wives and shad ....

South River, Marshfield, alewives
and shad

South Scituate, North River to
Indian Ponds, alewives . . 257

Sparrow, Thomas, and others, fish-
wtir in Chatham .... 261

Spy Pond, alewives .... 30

181

328
163

308

193

240

181
162

357

INDEX.

403

Page

Spy Pond, Woburn, alewives and
shad 148

Stoney Brook, Chelmsford, alewives,
salmon and shad . . .113, 123

Stony Brook and Smelt Brook,
Kingston, alewives; fishways . 327

Stoughton, Neponset River, ale-
wives, shad and other fish . 67, 78

Striped bass and bluefish, Edgartown, 378,

389

Sturgeon, Merrimack River . . 379

Swan Pond to Long Pond, alewives, 222

Swanzey, [Swansea,] Mount Hope
Bay, shell-fisheries . . 331, 337

Swanzey, Palmer's River, alewives
and shad . . 108, 164, 172, 206, 338

Swanzey, Cole's River, seining regu-
lated 314

Swanzey, Cole's River and Milford
Pond, herring and shad . . . 380

T.

Tan Pond, Orleans, alewives . . 211

Taunton, price of alewives regulated, 65

Taunton, Mill River, alewives . . 73

Taunton Great River, alewives, 51, 55, 83

Taunton Great River, alewives, shad
and other fish, 154, 168, 178, 200, 201,
225, 268, 292, 325, 337, 342, 351, 369

Taunton Great River, commissioners
to be appointed .... 272

Taunton Great River, Bridgewatcr . 196

Taunton Great River, Middleborough, 196

Taunton Great River and Newmasket
River, Taunton, alewives and shad, 301

Taunton Great River, Somerset . 229

Tautog, bluefish, bass, scuppaug and
lobsters. Buzzard's Bay, Wareham
and Sandwich .

Tautog, bass and lobsters, Edgar-
town, Chilmark and Tisbury

Tautog, bass and lobsters, Fairhaven,
New Bedford, Dartmouth and
Westport 178,

Tautog, bass and lobsters, Falmouth,

Ten-Mile and Three-Mile Rivers, shad
and alewives . . . . 22, 44

Tewksbury, Concord River, alewives,
salmon and shad ....

Third Herring Brook, Pembroke, ale-
wives

Thompson's Island, Boston Harbor,
shell-fish

Tisbury, lobsters, tautog, bass and
other fish

Tisbury. seining prohibited in waters
of

Tisbury, Chappaquonsett Pond and
Creek, herring and alewives .

Titicut River, Middlel)orough and
Bridgewater, alewives and shad,

184, 189
Toracod and smelts, Charles River . 163

Topsfield, Ipswich River, alewives
and other fish . . . 58, 06, 129

Topsfield, Ipswich River, seining pro-
hibited ......

Topsfield, Ipswich River to Prich-
ard's Pond, alewives

Town and city authorities may regu-
late the taking of eels and certain
shell-fish 356

275,

375
186

374

188

172
132
347
186
197
236
153,

273
96

Page
Town Brook, Plymouth, alewives, 34, 190
Town River, Bridgewater, West
Bridgewater, shad, herring and ale-
wives; fishways . . . 326,347
Traps, trawls and seines, for catching

fish and lobsters .... 377
Trap's Creek Fishing Company, in

Edgartown, incorporated, 217, 239, 266
Treaty of Washington, fishery clauses, 353
Trour, fishing regulated, 319, 335, 369, 383
Trout, lake, fishing regulated, 319, 335, 369,

383
Trout, East Head, Carver and Ply-
mouth 307

Trout, Grist-Mill Pond, Wareham . 310
Trout, Jones' Mill Creek, Barnstable, 312
Trout, Maple Spring Pond, Ware-
ham 291

Trout, Marshpee, Marshpee River, 241,284
Trout, Marshpee, Quashnet River . 295
Trout, Merrill Pond, Wendell . . 312
Trout, Nye's Pond, Sandwich . . 292
Trout, not to be taken from Russell

Pond in Russell . . . .197
Trout and black bass, fisheries regu-
lated 306

Trou«- and pickerel, to be taken only

with hook and line . . . 279, 284
Troy, [Fall River,] Taunton Great

River, alewives and shad . . 168
Tuckernuck Island, seining regu-
lated . . . 245, 263, 283, 322
Tuttle, Jesse, fish-weir in Harwich . 263
Tyngsborough, Massapaug Ponds . 120

V.

Vineyard Sound, Barnstable and
Mashpee, bluefish, seining prohib-
ited

Vineyard Sound, Yarmouth, Dennis
and Harwich, bluefish, seining pro-
hil)ited

Vineyard Sound and Buzzard's Bay,
menhaden

W.

Wakefield and Saugiis, Lake Q'lan-

napowitt, seining prohibited .
Wakepee Pond, Marshpee, alewives,

Waltham, alewives and shad . 76,
Waquoit Bay, Falmouth, seining pro-
hibited

Ware River, Hingham, alewives and

shad

Wareham, fisheries regulated . 354,
Wareham, Grist Mill Pond, trout
Wareham, Maple Spring Pond, trout,
Wareham, Wareham River, alewives,
Wareham, Weweantit River, shad

and alewives ... 71, 168,
Wareham and Plymouth, Agawam
and Half-waj' Pond Rivers, ale-
wives and shad, 214, 258, 286, 294,
Wareham and Sandwich, Buzzard's
Ba.y, lobsters, bluefish, tautog, bass
and scuppaug .... 275,
Washington, treaty of, fishery clauses,
Waters, Crane and Porter's Rivers,

Danvers and Beverly
Watertown, alewives and shad . 76,

390

386
299

343
88,
105
150

247

118
373
310
291
57

346

342

375
353

264
150

404

INDEX.

70

265

7

372

Page
AVatertown, Charles River, alewives

and shad 150, 191

Watertown, Fresh Pond, seining pro-
hibited

Watuppa Pond, Fall River and West-
port, seining prohibited .
Weaver, George, fish-weir in Yar-
mouth

Weirs, regulated ....

Weirs, penalty for injuring
Weirs, pounds, etc., owners to make
annual leturns to commissioners of
tish taken .... 341, 856, 372
Wellfleet, alewives . . 27, 205, 298
Wellfleet, Herring River, eels . . 344
Wellington, [Freetown,] Taunton

Great River, alewives and shad, 155, 168
Wendell, M'.rrill Pond, trout . . 312
Wenham, alewives and shad . 127, 130
Wenham, Ipswich River, seining

prohibited 273

Wenham, Miles River, alewives and

shad Ill

Wenham Pond, alewives and shad

not to be taken for three years . oil
AVest Bridgewater, Town River, ale-
wives and other flsh . . 326, 347
West Cambridge, Little River . 228, 232
West Cambridge, Mystic River, ale-
wives and shad . 135, 173, 180, 308
West Cambridge, Mystic River, tish
not to be taken within fifty rods of

a fish way 300

West Quittacus Pond, alewives, 94, 124, 154
West Sandwich, Scusset River, ale-
wives 259

West Springfield, Agawam or West-
field River, alewives, shad and

other fish 138, 193

Westfield River, size of mesh pre-
scribed .... 318,348,367
Westfield or Agawam River, ale-
wives, salmon and shad . ■ 18, 24, 138
Westfield or Agawam River, West
Springfield, alewives, shad and
other fish .... 138,193

Weston, alewives and shad . 76, 150
Westport, town of, seining regulated, 26
Westport, lobsters, tautog, bass and

other fish 178, 374

Westport, Watuppa Pond, seining

prohibited 345

Wequabsqua Fishing Company, Chil-
mark Pond, incorporated . . 246

Pape

Weweantit River, alewives, Rochester, 203'

Weweantit River, Rochester, Ware-
ham and Carver, shad and ale-
wives .... 71,168,346

Weymouth, alewives . . 208, 233

Weymouth, Whitman's and Great
Ponds, alewives . . .86, 187

Weymouth and Braintree, Monati-
quot River 21ft

White perch, fishery regulated . . 319

White Pond Fishing Company, Har-
wich, incorporated . . . . 232

Whitman's Pond, Weymouth, ale-
wives 86, 188

Whittemore, Elijah, and Ira Wixon,
fish-weir in Dennis ....

Wild Harltor to Dam Pond, Fal-
mouth, alewives ....

Williamstown, Hoosick River, seines
or nets not to be used

Winchel's Pond, Egremont, pickerel,

Winchester, Mystic River, alewives
and shad .... 290, 296, 308;

Winchester, Mystic River, fish not to
be taken within fifty rods of a fish-
way

Winthrop, clam fishery

Wixon, Ira, and Elijah Whittemore,
fish-weir in Dennis ....

AVoburn, Mystic River, alewives and
shad 60,147

Worcester, fish not to be taken from
reservoirs, etc. .... 331

Y.

Yarmouth, alewives, eels, herring
and perch 14S

Yarmouth, fisheries regulated . 354, 373

Yarmouth, fish-weir by George
Weaver and others . . . 265

Yarmouth, Baker's Pond to Bass
River, alewives .... 282

Yarmouth, Long Pond Fishing Com-
pany, incorporated . . . 222, 35S

Yarmouth, Vineyard Sound, blue-
fish . . . . . . .386

Yarmouth and Dennis, Bass River,
alewives, herring, salmon, trout
and perch . . . 241, 355, 387

Young, Samuel, may construct fish-
weir in Chatham .... 26L

262

255

179
156

30O
336

262

SH222 .M37 1887

I .i"\ ril.idni; l.i inhml fisheries i

Harvard MCZ Library WMuf ^^

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