10 LAWS RELATING TO 



the season of their going down such rivers or streams, on penalty of 

 forfeiting the sum of fift}' pounds for every offence. 



Provided, nevertheless, That whosoever is an owner or occupant of 

 such dam or dams erected before the year one thousand seven hun- 

 dred and nine, and by this act is obliged to make such passage-way 

 for the fish as aforesaid, shall, after be has effected the same, present 

 his account of the reasonable charge thereof, to the court of general 

 sessions of the peace of the same county for their allowance, who are 

 hereby impowered to proportion the several towns' parts thereof who 

 are advantaged thereby, and order each of said towns to assess and 

 pay the same to such owner or occupant accordingl}', and the owners 

 or occupants of such dam, shall afterwards maintain such passage- 

 wa}' at his or their own cost and charge. 



And he it farther enacted, That it shall be in the power of any 

 -town at their annual meeting in March, to chuse one or more persons, 

 whose business it shall be to see that the said passage-ways are open 

 pursuant to this act, and that said fish ma^^ not be obstructed in their 

 usual passing up and down stream, and to appoint the proper place 

 or places for the taking such fish with scoop nets, and to limit the 

 particular times and da3's for the taking the same. 



Provided, also. That this act shall not be construed so as to aflfect 

 the order of this Court, pass'd in January, one thousand seven hun- 

 dred and thirty-eight, relating to Watertown mill-dam. 



And that the several fines and penalties arising by virtue of this 

 act, shall be sued for and recovered in any court of record proper to 

 try the same, by an}- person that shall prosecute and sue for the 

 same, one half of such sum to be to and for the use of the prosecutor, 

 and the other half to be to and for the use of the poor of the town 

 where the offence shall be committed. 



An Act in Supplement of an Act intituled " An Act in addition to an Act made 

 to prevent the destruction of the Fish called Alewives and other Fish." (1741, 

 ch. 6.) 



(Page 298, ch. 7.) Whereas, ***** ^q 

 penaltj' is therein ordered to be imposed on such as shall take ale- 

 wives or other fish at other times or places, than such as shall be 

 appointed in pursuance of said act : 



Be it therefore enacted, That whosoever shall presume to take any 

 of the kinds of fish in said act enumerated (whether with scoop-nets 

 or otherwise) in an}' river or stream within or adjoining to any town 

 within this province, at any other place or time than such as has been 

 or shall be limited and appointed by an}' town in pursuance of said 

 act, such oflTender or offenders shall forfeit and pa}- the sum of ten 

 shillings for each ofljence ; one moiety thereof shall be for the use of 

 the poor of the town where the offence shall be committed, the other 



