12 LAWS KELATING TO 



Provided^ nevertheless^ That if at any time after such determina- 

 tion, either party shall think themselves aggrieved b}' such deter- 

 mination, it shall and ma^' be lawful for the owner or owners, 

 occupant or occupants of such mill-dam or dams, or any other five 

 persons of the other part}-, who may expect benefit by said fish pass- 

 ing up such rivers or streams, once more to applv to the said court 

 for a nevr view, and report on the premises in manner aforesaid, 

 which being by said court accepted, shall be final ; the charge of 

 such application to be born by the persons applj'ing, in case no 

 material alteration on the first return is made, but otherways be born 

 by the owners of the dam, in proportion to their interest, to be first 

 stated and allowed by the said court of general sessions, and may be 

 recovered by action or actions of debt in an}' court proper to try the 

 same. 



1745. 



jA.N Act in addition to and for rendring more effectual the Laws already in being for 

 preventing the Destruction of the Fish called Alewives, and other Fish. (Page 320, 

 ch. 2.) 



{Preamble. The two preceding acts are here quoted.) 

 And whereas, it may happen that in some rivers or streams, across 

 which dams are built, it may be doubtful whether the fish may be 

 said to usually pass or cast their spawn, and so as to render it neces- 

 sary that a way should be left open in such dams for their free 

 passage, and many inconveniences may arise from such doubt or 

 uncertainty : 



Be it therefore enacted, That when and so often as application shall 

 be made to the court of sessions by the owner or occupant of any 

 mill-dam or dams, either of such dams as have no passage-way, or of 

 such dams through which a passage-way has been already made, and 

 a committee shall thereupon be appointed by such court pursuant to 

 the last recited act, and such committee shall repair to any dam or 

 dams, and it shall appear to them upon inquiry, that the fish do not, 

 or in case of a passage being made or kept open, would not usually 

 pass up the river or stream across which such dam is or shall be 

 built in such numbers as that it is necessary a passage-way through 

 such dam should be made or kept open, or that the passing of the 

 fish up such river will not be of greater general benefit than the 

 leaving open of passage-ways in such dams will be of damage to the 

 owners of the mills and other persons, then, and in either of such 

 cases, said committee shall be impowered to make a report that such 

 passage-way is not necessar^^ and such report being accepted b}' the 

 court of sessions, the owner or occupant of such dam, shall there- 

 upon be freed from all obligation to make or keep open any pas- 



