INLAND FISHERIES. 11 



moiety to be to him or them who shall inform and sue for the same 

 before one or more of his majesty's justices of the peace in the same 

 count}'. 



Provided, That this act be " not construed to affect any person 

 taking fish in any town where such town shall not in manner as 

 aforesaid, appoint the time and place for taking the fish aforesaid. 



1743. 



An Act in addition to an Act made in the fifteenth year of his present Majesty's reign, 

 intituled "An Act in addition to an Act made to prevent the Destruction of the Fish 

 called Alewives and other Fish." 



(Page 313, ch. 5.) Whereas, * * * * * by 

 reason that no direction is therein given with respect to the suffi- 

 ciency of the sluice or passage so to be made or left open, there 

 arises great difficulty to the owner or occupant of such dams in com- 

 plying therewith : And whereas, by reason that in some streams and 

 rivers the said fish pass sooner, and in others later in the year than 

 the time is prescribed in said additional act, as well as that the time 

 of their passing up and down is in some streams and rivers longer, 

 and in some shorter, so that it is found by experience that the gen- 

 eral rule in the aforesaid cases by law provided, does not only fail of 

 the good ends proposed thereby, but also exposes the owners and 

 occupants of such dams to trouble and damage not necessary to 

 answer the good purposes of said additional act : Wherefore, 



Be it enacted, That it shall and may be lawful for any owner or 

 occupant of an}* such dam or dams alread}' built, or that may here- 

 after be built, and who are or may be obliged by said additional act 

 to open or leave open such passage as aforesaid, to apply to the 

 next court of general sessions of the peace, to be holden in and for 

 the county where such mill-dam is, and the justices of the court 

 respectively, on such application, are impowered, and directed to 

 appoint a committee of three sufficient and as much as may be disin- 

 terested persons, under oath, to repair to the dam where the passage 

 is proposed to be opened, and carefully view the same, and in the 

 best manner they are able, to inform themselves of the most proper 

 place for the passage of such fish up and down stream, of what dimen- 

 sions the same shall be made or appointed to be, and what part of 

 each year, and how long the same shall be kept open ; and return the 

 same under their hands, or the hands of the major part of them, to 

 the said court for their acceptance ; which return so made and 

 accepted, shall be deemed and adjudged the lawful rule of proceeding 

 in making and keeping open the passage and passages for the fish in 

 passing up and down the rivers and streams for the future : an3'thing 

 contained to the contrary in said additional act notwithstanding. 



