INLAND FISHERIES. 35 



shall neglect to open the same when thereto required by said com- 

 mittee, or the major part of them as aforesaid ; and the dam or sluice 

 that may be so opened, shall continue open to such depth and width, 

 and for so long a time, as the said committee, or the major part of 

 them may judge necessary ; and if any person or persons shall obstruct 

 the passage-waj's allowed or ordered by said committee, or the major 

 part of them, in any dam or sluice-wa}', or shall obstruct the passage 

 of said fish in anj- part of said brook than is permitted by this act, 

 such person or persons so offending, shall forfeit and pay a sum not 

 exceeding fifl}' pounds, nor less than ten pounds. 



Sect. 4. Be it further enacted, That if any person or persons, 

 other than the said committee, or such persons as shall be by them 

 employed shall take any of the said fish in the said brook, or any part 

 of it, at an}' time, or b}' any wa3's or means whatsoever, each person 

 so offending shall forfeit and pay a sum not exceeding fort}- shillings, 

 nor less than ten shillings, for ever}' such offence. 



Sect. 5. Be it further enacted^ That all' penalties incurred b}' the 

 breach of this act may be sued for and recovered by the treasurer of 

 the town of Plymouth, for the time being, in any court in the county 

 of Plymouth proper to try the same ; and all sums so recovered shall 

 be appropriated to the use of the said town ; and in case any minor 

 or minors shall offend against an}' part of this act, and thereby incur 

 any or either of the penalties aforesaid, in all such cases the parents, 

 master or guardians of such minor or minors shall be answerable 

 therefor ; and in case of a prosecution of such minor or minors lor 

 any such offence, the action shall be commenced against the parents, 

 masters or guardians of such minor or minors, respectively, and judg- 

 ment be rendered against any parent, master or guardian in such case, 

 in the same manner as for his or their personal offence. 



Sf.ct. 6. Be it further enacted, That no person by reason of being 

 an inhabitant of said town, or one of said committee, shall be thereby 

 disqualified from being a witness in any prosecution for a breach of 

 this act. — [June 20, 1789. 



1790. 



An Act empowering the Town of Pembroke to regulate and order the taking and dis- 

 posing of the Fish called Alewives, within the limits of the said Town. 



Sp. Laws, vol. 1, p. 269. Whereas the town of Pembroke, in the 

 county of Plymouth, hath been at considerable expense and charge in 

 opening a passage for the fish called alewives, from the sea into the 

 ponds called the Indian Ponds, being wholly within the bounds of the 

 said town, it is but reasonable and just that the ordering of the taking 

 of the said fish, and the disposition of them, when taken, should be 

 wholly vested in the said town. And whereas, an act heretofore 



