88 LAWS DELATING TO 



An Act to regulate the Alewive P'ishery in the Brook running out of Wakepee Pond 

 (so called) into the Sea, in the Indian Plantation, called Marshpee, in the County 

 of Barnstable. 



Sp. Laws, vol. 2, p. 436. Sect. 1. Be it enacted, That the over- 

 seers of the Indian plantation of Marshpee, or any two of them, shall 

 annually appoint one or more suitable person or persons to inspect said 

 brook, and to open, or cause to be opened, a sufficient passage-way for 

 the fish to pass and repass through any mill-dams that now are or may 

 be hereafter erected : provided, the owners of any such dams shall 

 refuse or neglect to open such sufficient })assage-wa\' themselves, and 

 cause the same to be kept open from the first day of April to the 

 twenty-fifth day of May annually, and to prevent any wears or ob- 

 structions of any kind which may be made across said brook, or any 

 part thereof, which may impede the passage of said fish. And said 

 committee shall regulate the times and places for taking said fish, 

 giving liberty to the Indian inhabitants to take as many of said fish 

 as may be needful for their own use. 



Sect. 2. Be it further enacted. That if any person or persons 

 shall erect any wear, or obstructions of any kind, across said brook, 

 so as to obstruct the passage of said fish, he or they so offending 

 shall forfeit and pay a sum not exceeding ten dollars nor less than 

 three dollars for each offence. 



Sect. 3. Be it further enacted, That any person not an inhabi- 

 tant of the said plantation, who is desirous of purchasing any of the 

 said fish, such person shall pay a sum not exceeding twent3'-five cents 

 for each hundred, to be delivered them by such person or persons as 

 the said committee shall appoint, and the proceeds of the same shall 

 be applied to the exclusive benefit of the said Indian and mulatto 

 inhabitants of said plantation. 



Sect. 4. Be it further enacted. That all forfeitures and penalties 

 which may be incurred by an}- breach of this act, shall be recovered 

 b}' any one or more of the said board of overseers of the said Indian 

 plantation, in any couft in the said county of Barnstable proper to 

 tr}- the same ; and all such forfeitures shall be applied to the exclu- 

 sive benefit of the said Indian and mulatto inhabitants of said plan- 

 tation of Marshpee. — [June 13, 1801. 



[Sp. Laws, vol. 3, p. ill.] 



[Sp. Laws, vol. 2, p. 375.] 



An Act repealing part of an Act entitled " An Act for Regulating the Alewive Fishery 

 in the Gulf Stream, so called, which runs between the Towns of Scituate, in the 

 County of Plymouth, and Cohasset, in the County of Norfolk," passed the fourth day 

 of March in the year of our Lord eighteen hundred. 



Sp. Laws, vol. 2, p. 450. Whereas the beneficial effects contem- 

 plated by the act aforesaid have not been produced thereby : 



