32 LAWS RELATING TO 



same ; whether committee-men, or persons owning lands or fences 

 damaged, with all the costs of suit against the person committing the 

 offence, in an}- court proper to tr}' the same, within the county of 

 Middlesex. And the said committee, or an}- other person, may sue 

 for and recover, upon due and legal conviction, in any court proper 

 to try the same, all penalties which shall arise, or become due in their 

 respective towns, for any breach of this act, either upon action of 

 debt, or upon indictment or information ; one-half of the penalty to 

 accrue to the person recovering the same, the other half to be paid to 

 the treasin-er of the town where the offence was committed, for the 

 use of the poor of the same town. 



Sect. 7. Be it farther enacted, That all fines and penalties that 

 may be incurred for a breach of this act, not exceeding four pounds, 

 may be sued for and recovered before any justice of the peace for the 

 county of Middlesex, saving the right of appeal, to any person ag- 

 grieved by the sentence of said justice, to the court of general sessions 

 of the peace, next to be holden for said county. 



This act to be in force for the space of five years, from the first day 

 of March next, and no longer. — [February 16, 1789. 



[1820, 67.] 



[Sp. Laws, vol. 1, p. 180.J 



1789. 



An Act in addition to an Act passed the last year, entitled " An Act for the preserva- 

 tion of the Fish called Alewives, in Mattepoiset River, in Rochester, in the County of 

 Plj-mouth, and for regulating the taking the said Fish in the said River." 



Sp. Laws, vol. 1, p. 247. Whereas it is provided in and by the said 

 act, that the owner or owners of each and every mill-dam on said river, 

 shall make, provide and continue a sluice-way of three feet wide and 

 eight inches deep, for the said fish to pass their respective dams, as 

 low as the selectmen of the said Rochester shall judge convenient for 

 the said fish to pass in ; and the selectmen of the said town of Roches- 

 ter be auihorized to open said sluice-ways on the second Monday of 

 April, annually, in order to let the said fish pass the said dams. And 

 whereas it is found, by experience, that the keeping of said sluice- 

 ways shut till the second Monday in April, annually, greatly impedes 

 the course of said fish : 



Sect. 1. Be it enacted. That from and after the passing this act, 

 the selectmen of the said town of Rochester are hereby authorized, on 

 any day between tiie last day of March and the second Monday of 

 April, annually, to open the said sluice-ways, which, when opened by 

 ihem, shall remain open until the twentieth day of May, annually, 

 under the same penalty as is provided in said act, for said ^luice-wavs 

 being stopped between the second Mon(la\- of April and the twentieth 

 day of May. 



