INLAND FISHERIES. 13 



sage ; any thing in the aforementioned acts to the contrary notwith- 

 standing. And the charge of the application that shall be made by 

 the owner or occupant of any mill-dam or dams, and all proceedings 

 of the court thereupon, pursuant to this act, or to the said last recited 

 act, shall be born and paid by such owner or occupant. 



Provided, always, That if at any time after such determination, any 

 person apprehending it necessar}' that a passage-way should be 

 opened in such dam, shall thereupon make application to the court of 

 sessions, said court shall be impowered to appoint a new committee, 

 who shall have the same power the first committee by law had, or 

 might have had, and upon such committee's reporting that a passage- 

 way is necessary in such dam or dams, and the demensions thereof, 

 and the time it shall be kept open, and upon such report being 

 accepted b}' the court of sessions, the owner or occupant of such mill 

 or dam shall be as fully obliged to keep open such passage as if the 

 former report had never been made and accepted ; any thing in this 

 act to the contrary notwithstanding ; the charge of such application 

 and all proceedings thereupon, to be paid by the person or persons 

 making the same, or b}" the owner or occupant of such dam, as the 

 court of sessions shall order. 



And whereas, in some counties within this province, the justices of 

 the court of sessions have refused to admit any application from the 

 owner or occupant of anj' mill or mill-dam, by reason that such appli- 

 cation has not been made at the court next immediately following the 

 publication of the last recited act : 



Be it further enacted, That the several courts of sessions within 

 this province be, and hereby are impowered and directed to admit, 

 proceed and determine upon any such application at any court at any 

 time held for the county, and all such proceedings shall be deemed as 

 valid to all intents and purposes as if they had been acted upon at 

 the court next immediatety following the publication of said act. 



And whereas, in manj'^ rivers and streams within this province, 

 neither shad, salmon nor ale wives usually swim, or would pass up 

 such river or stream, altho' a passage-way was made and kept open 

 through the several dams built across such rivers or streams, and 

 the advantage of other fish that pass up such rivers or streams, is 

 not equal to the damage that ma}' arise by keeping open a passage- 

 wa}' through such dams : 



Be it enacted. That no owner or occupant of any mill-dam or dams 

 built or to be built within this province, shall be liable to any penalty 

 for not making or keeping open a passage-way through such dam or 

 dams, except those dams only which are built across such rivers or 

 streams where either of the aforementioned fish, viz., salmon, shad or 



