28 LAWS RELATING TO 



and pay for each and every barrel of fish so taken, the sura of twenty 

 shillings. 



Sect. 3. Be it farther enacted^ That if the committee aforesaid, or 

 either of them, shall detect an}- person in attempting to take any of 

 the said fish, at any time, or in an}^ place other than is allowed h\ the 

 said committee as aforesaid, or sliall find such fish with such person 

 or persons, he or the}' shall be deemed to have taken the fish unlaw- 

 fullj', and shall be subject to the penalties of this act, as before men- 

 tioned, unless such person or persons can make it appear on trial, that 

 the}' came by the said fish in some other way. 



Sect. 4. Be it further enacted^ That no person shall presume to 

 take, catch, or haul on shore, any of the said fish within the limits of 

 the said town, with any other nets than with scoop or dip nets, on 

 pain and penalt}' of forfeiting for each and every offence, a sum not 

 exceeding forty shillings, nor less than thirty shillings. And the 

 said committee shall, during the passing of the said fish up the rivers 

 and streams within the said town, as well as during the return of the 

 said fish, and of the passing of their fry from the ponds to the sea, 

 cause all obstructions to their passage, whether by wears, fences, 

 walls, or otherwise, to be removed, and may make wider or deeper 

 the said passage-wa3's, when they shall judge it necessary, tlie said 

 committee pa3ung a reasonable consideration therefor, if demanded ; 

 and shall have authority for those purposes, to go on the land or 

 meadow of any person through which any of the said streams run, 

 without being considered as trespassers ; and any person who shall 

 molest or hinder the said committee in the execution of their duty, or 

 shall in anj' way or manner obstruct the passing of the said fish hy 

 wears, fences, walls, or otherwa3's, shall forfeit and pa}' a sum not 

 exceeding forty shillings, nor less than thirty shillings. 



Sect. 5. Be it further enacted^ That no inhabitant of any other 

 town than the said town of Wellfleet, shall catch or take any of the 

 said fish in any of the rivers, streams or ponds within the said town 

 of Wellfieet, without leave had therefor in writing, of the said town of 

 Wellfleet, or of their said committee. 



Sect. 6. Provided^ nevertheless, That during the fishing season, 

 any inhabitant of the neighbouring towns shall be supplied by the 

 committee or some person by them appointed for that pui'pose, to the 

 number of three hundred of the said fish, or any less quantity, if 

 thereto requested, such inhabitant paying therefor at a rate not ex- 

 ceeding one shilling per hundred ; and in case of neglect or refusal to 

 supply such inhabitant as aforesaid, upon application of the aggrieved 

 person to any justice within the county of Barnstable, not an inhab- 

 itant of Wellfleet, such justice may authorize and appoint some suitable 

 person to catch and take the said fish, and supply the inhabitants of 



