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 



