INLAND FISHERIES. 37 



within the town of Pembroke, on the stream leading out of the great 

 ponds, at the expense of the owner. 



Sect. 5. Be it further enacted, That no person shall be considered 

 as disqualified from being a witness on an}' trial that may be bad 

 pursuant to this act, on account of his belonging to or being an inhab- 

 itant of the said town of Pembrolie. 



Sect. 6. Be it farther enacted, That if an}' servant or minor shall 

 be found taking an}- of said fish in an^-wise contrary to this act, or 

 contrar}' to the rules and orders of said town of Pembroke as aforesaid, 

 the parents, masters or guardians of such minors or servants shall be 

 liable for the fines and forfeitures incurred by a breach of this act, or 

 the rules and orders of the town aforesaid. 



Sect. 7. Be it farther enacted, That in case an}' poor or indigent 

 person or persons shall be found taking any of the said fish contrary 

 to this act, or contrarv to the rales and orders of said town of Pem- 

 broke, it shall be lawful for the committee or overseers of said brook, 

 chosen as aforesaid, to take from such poor or indigent person or per- 

 sons their net or nets, with which they ma}^ be found taking said fish, 

 and detain them in their custody for the space of one month, or until 

 they do appear and pa}' the fines and forfeitures arising by the breach 

 of this act and the orders of the town aforesaid ; and in case the said 

 poor person or persons do not appear and pay the fines and forfeitures 

 as aforesaid, within one month as aforesaid, the said net or nets shall 

 be forfeited to and fur the use of the poor of the said town of Pem- 

 broke. 



Sect. 8. Be it further enacted. That no person or persons, at any 

 time between the first day of April and the fifteenth day of June an- 

 nually, sliall rnter the river commonly called and known by the name 

 of Barker's River, above where said river adjoins to Indian Head 

 River, so called, with an intent to drive, seine or otherwise disturb 

 the fish in said river where the tide ebbs and flows, on penalty of five 

 pounds for each ofl'ence, to be recovered in manner hereafter men- 

 tioned. 



Sect. 9. Be it farther enacted, That no person or persons shall 

 presume to set, draw or cast any seine, drag or set-net, of any dimen- 

 sions whatsoever, in the North River, so called, except on the Monday 

 and Friday of each week, and that between the sun's rising and setting 

 of each day ; and that no seine, drag or set-net shall be set, drawn or 

 cast in said river above what is commonly called and known by the 

 name of the Third Herring Brook, or Smelt Brook. 



Sect. 10. Provided, nevertheless. That the inhabitants of the sev- 

 eral towns adjoining the said river are hereby permitted and allowed 

 to set set-nets or scoop-nets at North River Bridge, so called, on the 



