16 LAWS RELATING TO 



dam or sluice, each person so offending shall forfeit and pay a sum 

 not exceeding fifty pounds, nor less that ten pounds. 



Sect. 3. Be it further enacted. That the owner or owners of any 

 tide-mill erected, or that may hereafter be erected on any such river, 

 shall keep a sluice-gate hoisted, or passage-way opened, of three feet 

 in width and two feet high, three hours at least before high water in 

 each tide, from the said tenth day of April to the tenth day of June 

 annuall}', on penalty of forfeiting for each tide that it shall not be 

 hoisted or the passage-way opened, a sum not exceeding three pounds, 

 nor less than five shillings. And the bottom of the passage-way so 

 opened shall be as low as the said committees, or the major part as 

 aforesaid shall judge necessary. 



Sect. 4. Be it further enacted, That if any person or persons 

 shall take any of said fish, on any day, or in any place, or in an}^ 

 manner, or in greater numbers than shall be allowed b}' said com- 

 mittees as aforesaid, each person so offending shall forfeit and pa}' 

 a sum not exceeding fort}' shillings, nor less than five shillings ; and 

 no seines shall at an}^ time be made use of to take said fish, nor 

 shall they be taken in any manner more than three days in any 

 one week. 



Sect. 5. Be it further enacted, That if the committees aforesaid, 

 or either of them, or any member thereof, shall detect any person or 

 persons attempting to take any of said fish on any day, at an}^ place, 

 in any manner, or in a greater quantity, otherwise than is allowed by 

 said committees, and shall find fish with such person or persons, such 

 person or persons shall be doomed to have taken said fish, and be 

 subject to the penalties of this act accordingly. 



Sect. 6. Be it further enacted, That all the penalties incurred by 

 the breach of this act, may be sued for and recovered in any court of 

 record in the county of Essex proper to try the same. And all sums 

 as recovered as forfeited by this act, shall be appropriated, one moiety 

 thereof to the prosecutors and the other moiety equally divided be- 

 tween the said towns of Salem and Danvers. And no person, b}' 

 reason of his being one of either of the committees aforesaid, shall be 

 thereby disqualified from being a witness in any prosecution for breach 

 of this act. — [February 19, 1781. 



An Act to provide more effectually for the Preservation of the fish called Alewives, in 

 the Streams running into Merrimack River, within the Town of Andover. 



[Made perpetual March 7, 1797. Another Act but not repealing this one, March 9, 1792. 

 This limited to four years, but extended afterwards ] (See 1765.) 



Whereas it is found tliat the laws already' made are not sufficient 

 to prevent the destruction of the fish called alewives, in the streams 

 within the town of Andover, which run into Merrimack River : 



