INLAND FISHERIES. 47 



the part}' attempting cannot take or come at the same, said party 

 so attempting to take said instrument maj* sue for and recover the 

 value thereof in a special action of the case, before any court having 

 proper jurisdiction thereof, against the owner or possessor thereof to 

 his own use. 



Sect. 6. Be it further enacted, That if any person shall be found 

 near said river or brook, or going from thence, with any quantity of 

 said fish exceeding sixty in number, which are suspected to have been 

 taken in violation of this act, it shall be the duty of every person who 

 shall then suspect said fish to have been taken illicitly to examine the 

 possessor thereof respecting the means of his procuring them ; and if 

 he cannot make it appear that he came by them legally, he shall for- 

 feit the whole of said fish that he shall so be possessed of, to be 

 recovered in the same way and manner as scoop-nets and other instru- 

 ments are recovered, as provided in this act, aud be subject to the 

 penalty of forty shillings for taking fish contrary thereto, to be recov- 

 ered in the same way as is herein before provided in that particular ; 

 and to prevent difficulty and unnecessary expense to persons pur- 

 chasing said fish, it shall be the duty of the clerk of, or some one of 

 the purchasers of said privilege to give a certificate under his hand, 

 to all persons who purchase any quantity of said fish, exceeding sixty 

 in number, of the time when, and the place where, and the quantity 

 purchased, and his producing said certificate shall be evidence of his 

 obtaining said fish legally. 



Sect. 7. Be it further enacted. That if any children or servants 

 shall offend against this act, unless their parents, masters or guardi- 

 ans, or some other person in their behalf, shall pay the penalty set 

 against such offenders within twelve hours after notice being given 

 them of such offence, such children or servants shall be proceeded 

 against by complaint before any justice of the peace in and for said 

 county, and upon conviction thereof shall be committed to the house 

 of correction, there to remain not less than five nor more than twenty 

 days, according to the nature of said offence, in the judgment and at 

 the discretion of the court or justice before which said conviction may 

 be had. 



Sect. 8. Be it further enacted, That all persons not otherwise dis- 

 qualified shall be considered and taken to be competent and legal wit- 

 nesses in any prosecution upon this act, they being inhabitants of said 

 town of Middleborough, notwithstanding. 



Sect. 9. Be it further enacted. That an act passed in the year of 

 our Lord seventeen hundred and forty-nine, entitled "An Act to pre- 

 vent the unnecessar}' destruction of alewives in the town of Middle- 

 borough," be and hereby is repealed. 



Sect. 10. Provided, nevertheless, That no clause in this act shall 



