112 LAWS EELATING TO 



said fish ; and at the vendue shall publish the conditions in writing, 

 expressing the manner of taking as well as the length of time in each 

 year. 



Sect. 3. Be it further enacted, That all persons, except the pur- 

 chaser or purchasers, or those employed by them, who shall take any 

 of said fish in said Miles River, to the margin of Wenham Pond, 

 shall pay a sum not exceeding thirteen nor less than five dollars for 

 each offence. 



Sect. 4. Be it farther enacted. That if either of said towns shall 

 neglect to choose their proportion of said committee, as is required by 

 this act, or if such committee, when chosen, whose duty it shall be to 

 notify the clerks of the other towns of the proposed time for the 

 whole committee to meet as aforesaid, shall neglect to give such 

 notice as aforesaid, the town so neglecting, or whose committee shall 

 so neglect, shall forfeit all right to fishing in said river for the current 

 year. 



Sect. 5. Be it further enacted, That the owner or occupier of any 

 dam on said river, shall annually, betwixt the tenth day of April and 

 the tenth day of June following, for such term and in such manner as 

 said committees shall direct, open a suflBcient sluice-way or passage 

 for said fish ; and the ovvner or occupier of such dam, who shall 

 neglect, after proper notice from said committee, to open or continue 

 open as aforesaid, a sluice-way, shall forfeit and pay a sum not 

 exceeding one hundred dollars, nor less than fifty dollars ; and if any 

 person shall make any wear or other obstruction to the passage of 

 said fish, or shall make use of any seine in said river (except as shall 

 be allowed by said committee to any purchaser of the right of taking 

 fish in said river), the person so offendiug shall forfeit and pay the 

 sum of thirteen dollars. 



Sect. 6. Be it farther enacted, That each of the treasurers of the 

 aforesaid towns, for the time being, are hereby authorized upon the 

 complaint of the committee aforesaid, to sue for any forfeiture 

 incurred by the breach of any of the regulations provided in this act, 

 and also for the breach of such farther regulations as may from time 

 to time be provided by the committee aforesaid. And all sums and 

 forfeitures recovered for any breaches aforesaid shall, with the pro- 

 ceeds of said fishing, be equally divided between the aforesaid towns ; 

 and the said treasurers, or either of them, recover the said penalties, 

 or any of them, in an action of the case, before any court proper to 

 try the same. 



Sect. 7. Be it further enacted , That the purchaser or purchasers 

 of the right of taking said fish shall, at all times, deliver to the poor 

 of the several towns aforesaid, such number of fish taken as afore- 

 said, gratis, as the committee shall order and direct, and shall in all 



