INLAND FISHERIES. 49 



by the treasurer of the town where such offender belongs, for the use 

 of such town. 



Sect. 5. Be it further enacted. That any three of said committee 

 shall have full power and authority to open, or cause to be opened and 

 kept open, such sluice or passage-ways at the expense of the owner 

 or owners of any dam or dams that now are, or hereafter may be 

 erected on or across said stream or river : provided, said owner or 

 owners shall refuse or neglect to open the same by the tenth day of 

 April annually. And said committee are hereby empowered to remove 

 all and every obstruction to the passage of said fish up or down said 

 river, that may be in or across the same ; and if, for the purposes 

 mentioned in this act, it shall be necessary for said committee, or 

 either of them, to go on the land of any person or persons through 

 which said river runs, it shall not be deemed a trespass; and if any 

 person or persons shall hinder or molest said committee, or either of 

 them, in the execution of his or their office, the person so offending 

 shall forfeit and pay a sum not exceeding twenty shillings, nor less 

 than ten shillings, to be sued for and recovered by and to the use of 

 the officer against whom the offence is committed ; and said com- 

 mittee shall not be liable to prosecution for any doings in the neces- 

 sary discharge of the duties of their office. 



Sect. 6. Be it farther enacted, That the time when and the places 

 where said fish shall be taken in said river, or any brook or stream 

 discharging into said Indian Head River or Pond, shall be agreed 

 upon by and be under the regulations of the committees of the said 

 towns of Pembroke and Hanover, or the major part of them : provided, 

 the said committee shall not authorize the taking said fish more than 

 three days in a week in any of the places before mentioned ; and the 

 said committee shall post up notifications in two of the most public 

 places in each of the said towns of Pembroke and Hanover, specifying 

 the times and places when and where said fish shall be taken, six days 

 at least before the said tenth day of April annually. 



Sect. 7. Be it further enacted. That if any person or persons 

 shall presume to take any of said fish, on the river or streams afore- 

 said, in any other way or manner than such as shall be directed by 

 the aforesaid committee, or the major part of them, he shall forfeit 

 and pay a sum not exceeding three pounds nor less than forty shil- 

 lings, at the discretion of the justice before whom the same shall be 

 tried ; one moiety to him who shall prosecute and sue for the same, 

 and the other moiet}^ to the use of said towns of Pembroke and 

 Hanover. 



Sect. 8. Be it further enacted. That no person shall be disqualified 

 from being a witness on any trial that may be had pursuant to this 

 act, on account of his being an inhabitant of or belonging to either 



