INLAND FISHERIES. 9 



without the approbation of the court of general sessions of the peace, 

 shall for every such offence forfeit and pay the sum of ten pounds, to 

 be sued for and recovered by plaint, bill, or information, in any of his 

 majesty's courts of record within the county where tlie offence is com- 

 mitted ; one-half thereof to be to him that shall inform and sue for the 

 same, and the other half to the poor of the town or towns where such 

 incumbrances have been made or set up. 



1741. 



An Act in addition to an Act made to prevent the Destruction of the Fish called Ale- 

 wives, and other Fish. 



(Page 297, ch. 6.*) Whereas, notwithstanding the several acts 



made for the preservation of the fish, and to give them free passage 



up and down the rivers in their seasons, 3'et by reason of the many 



dams erected, and often erecting across such rivers and streams where 



the several sorts of fish pass up into the natural ponds to cast their 



spawns, said fish are diverted in their passage, to the great decay and 



ruin of such fishery : 



Be it therefore enacted, That whosoever shall hereafter erect or 



build any dam across any such river or stream where the salmon, shad, 



alewives, or other fish usually pass up into the natural ponds to cast 



their spawn, shall make a sufficient passage-way for the fish to pass 



up such river or stream, through or round such dam, and shall keep 



it open for the free passage of the fish from the first day of April to 



the last da}" of May annually, and all the owners or occupants of any 



mill-dam or other dams heretofore erected and made across any such 



river or stream where the fish can't conveniently pass over, shall make 



a sufficient way either round or through such dam for the passage of 



such fish, at or before the first da}' of September next, and after that 



to keep such passage way open from the first day of April to the last 



day of May annually, on pain that ever}' person offending in any of 



the particulars aforesaid, shall forfeit and pay the sum of fifty pounds 



for each offence. 



Provided, nevertheless. Whereas, in some of the rivers or streams, 

 the said fish do not pass up to spawn in the times by this act provided 

 for, that it shall be in the power of the several towns wherein such 

 streams are, or are adjoining, or the selectmen of such towns, or the 

 major part of them, to appoint or order the times of keeping open 

 such sluice-ways- as in their judgment may be agreeable, to the natu- 

 ral lime of said fish passing up to spawn, so as it does not exceed 

 sixty days annually. 



And he it further enacted, That the owners or occupants of such 

 dam or dams, shall allow sufficient water passage round, through or 

 over such dams, for the passage of such fish or their young spawn, in 



* Chap. 7, 1741, supplementary. 



