42 LAWS RELATING TO 



the court of general sessions of the peace, next to be holden in and 

 for the same county : provided, such appeal is claimed in open court, 

 within one hour after judgment is declared ; ptrovided, also, that the 

 appellant recognize with sufficient sureties to prosecute his appeal to 

 effect, and abide the final judgment thereon ; and the justice shall 

 bind over the witnesses against such offending person or persons ; 

 and in case of conviction before the justice, and no appeal had, the 

 person or persons so convicted, shall, upon neglect to* pay to the 

 justice the fine so laid on him or them, and legal costs, be committed 

 to the gaol of the count}'', there to remain until payment be 

 made ; and all fines, upwards of fuur pounds, exclusive of the 

 seine, net, pot or other machine, shall be recovered b}' bill, plaint or 

 information in any court within this Commonwealth proper to try the 

 same. 



Sect. 13. Be it enacted, That it is hereby made the duty of all 

 grand jurors, sheriffs, deputy sheriffs and constables, diligently to 

 inquire after and duly to prosecute all breaches of this act.. And the 

 testimony of any fish-warden, duly chosen and sworn as aforesaid, 

 grand jur.ors, sheriff, deputy sheriff or constable under oath, in 

 court, shall be sufficient evidence to convict au}'^ person of a breach 

 of this act, unless such testimony be invalidated by other sufficient 

 witnesses. 



Skct. 14. And be it enacted, That all fines and forfeitures in- 

 curred by breach of this act, not otherwise appropriated, shall enure, 

 one moiety thereof to the poor of the town where the offence shall be 

 committed, and the other moiety to him or them who shall make 

 information of the same. 



Sect. 15. Provided, always. That the said fish may be taken in 

 the mouth of Concord River, with nets and seines, below Tyler's and 

 Spaulding's mill-dam, two days in a week, the days to be Tuesday 

 and Wednesday, from sunrise on Tuesday to sunrise on Thursda}'. 



Sect. 16. And be it enacted. That the fish officers which ma}' be 

 chosen, by virtue of the acts which this act repeals, by any town prior 

 to their knowledge of this act, shall have and exercise the same powers 

 as are delegated to fish-wardens by this act. — [March 4, 1790. 



[Sp. Laws, vol. 1, pp. 442, 511 ; vol. 2, p. 35; vol. 3, pp. 43, 441, 577; 1806, 28; 1808, 

 94; 1811,175; 1812,84; 1819,4,20; 1820,22, 70; 1822, 75; 1832, 56; 1846, 92; 1856, 

 289 ; 1865, Res. 45 ; 1866, 238 ; 1867, 289 ; 1869, 422 ; 1872, 235 ; 1874, 144 ; 1876, 50 ; 

 1881, 103, 104; 1882, 166; 1883, 31, 121; 1884, 317.1 



