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 



