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. 



