8 LAWS RELATING TO 



ing, or straitning of the natural or usual course and passage of fish in 

 their seasons, or spring of the year, without the approbation and 

 allowance first had and obtained from the general sessions of the 

 , peace in the same county ; who are hereby authorized and impowered, 

 on application made to them at their sessions, to grant liberty for the 

 same, or to deny it, as they shall see it to bee either a public good or 

 damage ; and so }■ early from time to time, to be allowed or disallowed, 

 as they shall direct. 



And that all wears, hedges, fish-garths, stakes, kiddles, or other 

 incumbrance whatsoever, set up and made, or hereafter to be levied, 

 set up or made in, on or across any river, to the straitning, obstruct- 

 ing and stopping the natural, common or usual passage of fish in the 

 spring or proper seasons of the year, without approbation or allow- 

 ance first had and obtained for the same, in manner as in and b}' this 

 act is directed, are declared to be a common nusance, and shall be 

 demolished and pulled down, not to be again repaired or amended. 

 And that on complaint made to the general sessions of the peace, or to 

 an}- two justices of the peace, quorum unus, in their respective 

 counties ; a writ shall be granted to the sherifl!' or constable of the town 

 where the nusance is done, to cause the party or parties complained 

 of to be examined ; and upon conviction to remove the same ; and to 

 command suitable assistance therefor, at the cost and charge of the 

 person or persons so oflfending. 



Provided, That nothing herein contained, shall be construed to 

 extend to the pulling down or demolishing of any mill-dam already 

 made, or that shall hereafter be lawfull}- and orderl}- made. 



1727. 



An Act for rendering more effectual the Act intituled An Act to prevent N usances by 

 Hedges, Weares, and other incumbrances obstructing the passage of Fish in Rivers. 



(Page 239, ch. 9.) Whereas, in and by an act made and pass'd in 

 the eighth year of the reign of Queen Anne, intituled An Act to pre- 

 vent nusances by hedges, weares, and other incumbrances obstructing 

 the passage of fish in rivers, all such incumbrances in the rivers are 

 disallowed and forbidden without the approbation of the courts of 

 general sessions of the peace in the respective counties, and ordered 

 to be demolished and pulled down, but no penalty is provided in the 

 said act : 



Wherefore, for the more effectual preventing such nusances : 

 Be it enacted, That whosoever after the publication of this act, 

 shall set up, erect or make any weares, hedges, fish-garths, stakes, 

 kiddles, or other incumbrances whatsoever, on or across an}- river for 

 straitning, obstructing or stopping the natural, usual or common pas- 

 sage of the fish in the spring or other proper seasons of the year, 



