INLAND FISHERIES. 17 



Sp. Laws, vol. 1, p. 10. Sect. 1. That an act made in the year 

 of our Lord one thousand seven hundred and fifty-five, entitled "An 

 Act for preventing the unnecessary destruction of Alewives and other 

 fish within this Province," be, and it is hereby extended to the streams 

 herein before mentioned. And the selectmen of the town of Andover 

 are hereby empowered to determine what number of barrels of said 

 fish may be caught for market, and to let out the same in manner as 

 is in said act prescribed, at any time in the mouths of April and May 

 annually, as well as in the month of March therein specified. 



Sect. 2. Be it further enacted^ That if any person shall catch, or 

 shall attempt to catch, any of the before mentioned fish, in any part 

 of the streams herein before recited, at an}' time between the hours in 

 the evening and five in the morning, ever}' person so offending shall 

 forfeit the sum of not less than twenty shillings, nor more than three 

 pounds, for every offence. And the oath of any officer chosen at the 

 annual meeting in March to see that the passage-ways for fish are 

 kept open, testifying any fact that may be considered as a violation 

 of this or any former act of the General Court made for the preser- 

 vation of fish, shall be I'eceived as sufficient evidence of the same. 



Sect. 3. Be it further enacted^ That each and every of the officers 

 aforesaid be, and he is hereby empowered to make search for, and to 

 seize any parcel of said fish which he has reason to suspect were 

 taken at any time or place, or in any way by law prohibited. And if 

 any such officer shall have reason to suspect that any of said fish so 

 taken are secreted under lock, or in any other way, he is hereby em- 

 powered in obedience to a warrant (which any justice of the peace in 

 the same county is empowered to grant), on application therefor 

 from such officer, to break open such lock or other obstruction, in the 

 day-time, and having seized such fish, to take them into his custody ; 

 and the same officer shall give public notice of such seizure, by post- 

 ing an advertisement of the same at the public house nearest to the 

 place where such seizure was made ; and if no person shall appear to 

 said officer to claim said fish within twenty-four hours after posting 

 said advertisement, such fish, and any cask in which they may be 

 packed, shall be forfeited. And if any person shall appear as afore- 

 said, to claim said fish, then the said officer shall require the claimer 

 to appear before some justice of the peace of the same county, who 

 shall hear and determine the cause, except the value of the fish seized 

 exceed forty shillings, in which case he shall require the said claimer 

 or claimers to recognize, to appear before the next court of general 

 sessions of the peace for the same county ; and if sufficient evidence 

 be not offered to satisfy the justice or the court, that the fish so seized 

 were taken at some other time and place, and for some other purpose 

 than by law is prohibited, then the said fish, and any cask in which 



