THU LOBSTER FISHERY. 703 



any lobsters within the waters and shores of the town of Provincetown for the purpose of carrying 

 away from said waters in smacks and vessels owned without said Commonwealth, without first 

 obtaining a permit in writing from the selectmen," and imposes a penalty for offenses. It also 

 provides for the appointment of a number of fish wardens, whose duty shall be to prosecute all 

 offenses against the act. This law, however, did not meet all the requirements of the case, and 

 this fishery was frequently the subject of legislation in later years. 



After the passage of the law in 1812, restricting the lobster fishery, many subordinate regu- 

 lations were made from year to year at the town meetings. In 1815 it was voted that " the fish 

 warden take no notice of a lobster fisherman for lobsters, without they take them upon their own 

 risk," and that the town "defend the fish warden in the lawful discharge of the duties of his office." 

 This latter clause was probably added because the fishermen from Few York and other distant 

 points were slow in recognizing the authority of the warden, and attempted to resist him. In the 

 same year it was voted that " Benj. E. Atkins be fish warden for the town the year ensuing, and 

 have $10 on a hundred for his fees," and that "he pay what money he collects into the town treas- 

 ury once in three months, except his fees." In 1820 the fees of the warden were increased, and he 

 received " 18 per cent, on the amount of the same for his trouble, or $18 on a hundred dollars." 

 It appears that the duties of the warden were not sufficiently well marked cut in the State law 

 of 1812, and consequently, in 1824, the citizens passed a law defining them more precisely. At the 

 same time Elisha Freeman, jr., was voted in as " collector of lobster money," and the rate of 

 compensation was reduced to 8 per cent. The law referred to provides that it is the duty of the 

 collector of lobster money " to board every smack or vessel within the limits of Proviucetown, 

 agreeable to the laws of this Commonwealth, once in every twenty-four hours, and at such times 

 as his judgment dictates the most proper. If the collector shall find that any smack or vessel thus 

 visited hath taken a part of a load at or in any other place or waters than Provincetown, the said 

 collector is authorized by the vote of the town of Provincetown, March 1, 1824, to charge a sufficient 

 sum to be equal to $1 for every hundred lobsters which said smack or vessel shall or can carry, 

 and every such smack or vessel which shall take her whole load in and from the waters of Prov- 

 incetown shall pay 1 cent for every lobster. If, through the negligence of said collector, any 

 smack or vessel does abscond, not having accounted for the lobsters on board from the waters of 

 Provincetown, then said collector shall account with the treasurer of said town for said load." * 

 It soon became apparent, however, that this method of obtaining the dues was defective in many 

 respects and made the position of collector a very laborious one. Hence, two years later, in 1826, 

 the town passed another law, according to the provisions of which, every smack or vessel taking 

 lobsters at Provincetown should pay 50 cents for each ton burden, which money " must be specie 

 or Boston money at the time the permits are given, which must bo before commencing to take said 

 lobsters." 



In 1850 the lobster fishery again came under discussion, and it was voted in town meeting 

 that the selectmen should be instructed " not to charge the citizens of this town any fee or charge 

 whatever for taking lobsters from the waters under the jurisdiction of the town." 



The following notes on the lobster fishery of Provincetown were furnished by Captain N. E. 

 Atwood, in 1880 : 



" I remember that, as early as 1815, smacks belonging to New London, and other Connecticut 

 ports, were fishing here for lobsters, which they carried to New York. They continued to visit 

 this place for many years thereafter, the crews themselves catching the lobsters. Our own fish- 



" Town Records. 



