22 LAWS EELATING TO 



and the places where the said fish may be taken in the said river ; and 

 if an}' person shall pull down or deface such notification, he or she 

 shall for each offence forfeit and pay ten shillings ; and if such com- 

 mittee shall neglect or refuse to post up such notification within the 

 said term of four da3's, such committee shall forfeit and pay ten shil- 

 lings ; and any person who shall presume to take any of the said fish 

 in the said river, except at the times and places appointed b}' the said 

 committee as aforesaid, shall forfeit and pay three pounds for each 

 offence. 



Sect. 3. Be it further enacted, That if any person or persons 

 shall make any wears, or any other obstruction, to hinder the passage 

 of the said fish up the said river, each person so offending shall forfeit 

 and pay the sum of five pounds ; and an}' person who shall take or 

 catch an}' of the said fish in said river, with any other instrument than 

 a dip-net, shall forfeit and jjay four pounds for each offence. 



Sect. 4. Be it further enacted^ That if any person shall set or 

 draw any seine, drag-net, or marsh-net in the said river, or within the 

 following bounds of the harbor adjoining it, viz. : beginning at the 

 south-westwardly end of the inland, owned by the Eev. Mr. La Barron, 

 and from thence to the mouth of the creek which runs out of Barlow's 

 Pond (so called) , from and after the tenth day of April to the twen- 

 tieth day of May annually, each person so offending shall forfeit and 

 pay ten pounds. 



Sect. 5. Be it further enacted, That all the forfeitures mentioned 

 in this act shall accrue to the said town of Rochester, to be recovered 

 by the treasurer of the said town in an action of debt in any court 

 proper to try the same ; and no person shall be considered as dis- 

 qualified from giving evidence in any such action on account of his 

 liA'ing in or being an inhabitant of the said town of Rochester. 



Sect. 6. Be it further enacted. That the agreement made and 

 entered into between the said town of Rochester and the owners of the 

 lower dam, on the said river, with regard to the premises, shall be 

 good and valid in law. — [March 1, 1788, 



[Sp. Laws, vol. 1, p. 247, 290; vol. 3, p. 91; 1810, 60; 1814, 99; 1817, 136; 1820, 70; 



1829, 41.] 



An Act to prevent the Destruction of Fish called Shad and Alewives, in Ten and Three- 

 Miles Rivers, in the County of Bristol. 



Sp. Laws, vol. 1, p. 183. Whereas it is necessary for the preserva- 

 tion of the fish called alewives, in their passage up the rivers, called 

 and known by the name of Ten-Mile and Three-Mile River, in the 

 county of Bristol, that some further provision should be made for the 

 said purpose : 



Sect. 1. Be it enacted. That the several towns through which the 

 said Ten-Mile and Three-Mile River run, shall be, and they are 



