INLAND FISHERIES. 19 



information before any justice of the peace within the county where 

 such offence shall be committed ; one half of such fines shall enure to 

 him or them who shall sue or prosecute for the same, and the other 

 half to the poor of the town where the offence shall be committed. 

 This act passed June 27, 1786. 



1787. 



An Act to prevent the Destruction, and to regulate the Catching of the Fish called Ale- 

 wives, in their passage up the Rivers and Streams in the Town of Harwich, in the 

 County of Barnstable. 



Sp. Laws, vol. 1, p. 166. Sect. 1. That the town of Harwich 

 shall be and hereby are empowered and directed, at their meeting for 

 the choice of town officers in March or April annually, to choose three 

 or more persons, being freeholders in the said town, to see that this 

 act be duly observed ; and each person so chosen shall be sworn 

 faithfully to discharge the duties required of him by this act ; and the 

 said committee shall meet together annuall3", on or before the twen- 

 tieth day of April, at such time and place as the}', or a majorit}' of 

 them, shall appoint, and the major part of the committee present at 

 such meeting, are hereby authorized and empowered to order the times, 

 places and manner in which the said fish may be taken ; and the said 

 committee, or a majority of them, are hereby fully authorized and 

 empowered to cause the natural course of the streams through which 

 the said fish pass, to be kept open and without obstruction, to remove 

 any such as may be found therein, and to make the said passage-wavs 

 wider or deeper if the}' shall judge it necessary ; and the said com- 

 mittee or either of them, paying a reasonable consideration therefor 

 if demanded, shall have authorit}- for those purposes to go on the land 

 or meadow of an}' person through which said streams run, without 

 being considered as trespassers ; and any person who shall molest 

 or hinder the said committee or either of them in the execution of the 

 business of his or their office, or shall obstruct any passage-way in 

 the said rivers or streams, otherwise than may be allowed by the said 

 committee, he or they shall forfeit and pay a fine for every such 

 oflTence, not exceeding forty shillings, nor less than twenty shillings. 



Sect. 2. Be it further enacted^ That the said committee, or the 

 major part of them present at any meeting duly notified, being not 

 less than three in number, shall be and hereby are authorized and 

 empowered, to open or cause to be opened any dam or sluice of any 

 other dam now erected, or that may be hereafter erected on, or over 

 any of the said rivers or streams (between where such rivers or 

 streams empty themselves into the sea at low water, and the ponds 

 in which the said fish usually cast their spawns) at the expense of the 

 owner or owners of such dam or sluice : provided such owner or 



