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.] 



