INLAND FISHERIES. 31 



aforesaid, ou Monda}', AVednesda}' aud Friday, in every week included 

 in said term. 



Sect. 4. Be it further enacted^ That any person being an inhabi- 

 tant of either of those towns, shall, each in his own town, in the 

 river, streams and ponds aforesaid, with any kind of fishing imple- 

 ment, on those da^ys onl}', wliich are, with respect, to each of said 

 towns before mentioned, have the right of catching said fish, between 

 sun-rising on said days before mentioned, until sun-rising on the next 

 da}' ; and no obstruction, instrument or tool, shall be set, placed or 

 used, for the purpose of hindering or catching of the fish aforesaid, 

 in the waters aforesaid, till the sun shall be risen on said da3's ; nor 

 shall any such instrument be permitted to remain or be used in said 

 river, streams or ponds, after the rising of the sun as afore-meijtioned ; 

 and no such obstruction shall be allowed to be placed, used, or ta 

 remain in said river, streams or ponds, on any other daj's or times 

 than is herein limited and prescribed ; under the same penalties and 

 forfeitures, to be incurred b)- any and every person placing or using 

 the same, as are provided b}' this act, to be forfeited and paid by per- 

 sons catching said fish, except as this act provides. 



Sect. 5. Be it further enacted, That, if any inhabitant of any 

 other town shall, at any time, take or hinder shad or alewives, within 

 the limits of either of said towns, without leave first obtained from 

 the selectmen of the town in which he shall take or hinder those fish, 

 or unless the person taking or hindering them, shall be immediately 

 in the employ or service and laboring for the benefits of some inhabi- 

 tant of such town ; ever}' person so offending, shall, upon a due con- 

 viction, forfeit aud pay the same penalties and forfeitures, as by this 

 act are provided against persons taking, obstructing or hindering said 

 fish, at any other times than those particularly permitted. 



Sect. 6. Be it farther enacted, That the said committee, or a 

 majorit}' of them, in their respective towns, shall have full authority 

 to execute this act, so far as relates to seizing, removing, and selling 

 any implements or tools, used for hindering, taking, disturbing or 

 turning back the fish in said river, streams or ponds ; and in and 

 after the execution of said trust, they shall not be considered as 

 guilt}' of a trespass therein ; nor shall any action lie against them, or 

 either of them, for any necessary damage done to the lands or fences 

 of any person, in executing said trust ; but if the proceeds of the 

 sale of said implements, or other materials, shall be found insufficient 

 to defray all the necessary charges, and the reasonable fees of the 

 committee, not exceeding four shillings to each committee-man, for 

 each day so spent by him, and all reasonable and necessary assistance ; 

 then the remainder of such damages and costs shall be recovered in 

 an action of debt, to be brought by the persons to be benefited by the 



