40 LAWS RELATING TO 



said office, in any town or place wilhin tliis Commonwealth where this 

 act can operate or have force. And if any person chosen as aforesaid 

 shall refuse or neglect to be sworn to the faithful discharge of the 

 duties of the said office, he shall forfeit and pa}^ a fine of forty 

 shillings for the use of the poor of such town, to be recovered by 

 the town treasurer; and such town shall proceed to a new choice, 

 and so toties quoties. And an}- person who shall prevent any 

 fish-warden from measuring any seine or net which shall be used 

 for the purpose of taking fish in the said rivers and streams, shall 

 forfeit and pay the sum of four pounds. And if an}' of the towns 

 aforesaid shall neglect to choose fish-wardens annually, agreeably to 

 the true intent of this act, such town shall forfeit and pay a fine of 

 fift}' pounds, for the use of the count}' in which such delinquent town 

 lies. 



Sect. 7. Be it further enacted, That if any fresh salmon, shad or 

 alewives shall be found with or in the possession of any person or 

 persons whatever within three miles of any of the said rivers or streams, 

 and within this Commonwealth, at any other time than that allowed by 

 law for catching the said fish in the said rivers and streams, such 

 person or persons shall be held and accounted in law to be guilty of 

 catching such fish contrary to the true intent and meaning of this act, 

 and shall pay a fine accordingly ; unless such person or persons shall 

 make oath in the court before whom the trial is had, that the said fish 

 were actually caught within the time allowed by law for catching the 

 same, or make proof who was the person or persons that caught such 

 fi-ih, or who sold the same. 



Sect. 8. Provided, ahvays, That every justice of the peace to 

 whom complaint shall be made against any person or persons for 

 haAing in his or their possession any fresh shad, salmon or alewives, 

 as afuresaid, shall, before he issues his warrant against the person or 

 persons claimed of, cause the complainant to make oath to his com- 

 plaint, and that he really believes such fish were caught at a time 

 prohibited by law for catching the same. 



Sect. 9. And be it enacted, That any of the said fish-wardens, 

 grand jurors, sheriffs, deputy sheriffs, or constables, shall have a right 

 to seize any seine, net, pot or other machine, employed in any of the 

 said rivers or streams for the purpose of catching the said fish at any 

 other time or place than such as are allowed by this act. And any 

 person or persons that shall prevent such fish-warden, grand juror, 

 sheriff, deputy sheriff, or constable, from such seizure, or shall rescue 

 any seine, net, pot or other machine from such officer, when seized, 

 shall, on conviction thereof before a justice of the peace, pay a fine 

 not less than thirty shillings nor more than four pounds, and shall be 



