INLAND FISHERIES. 83 



obstructions to the passage of said fish up to the pond where they 

 usually cast their spawn, and to open, or cause to be opened, sufficient 

 'sluice-ways or passages for said fish through the mill-dams that now 

 are or that hereafter ma}' be directed above said Doane's mill, at the 

 expense of the owners thereof: prodded, that the said wardens shall 

 exercise no authority at said Doaue's mill than what is conceded by 

 said Doaue, and is contained in the preamble of this act. 



Sect. 2. Be it farther enacted, That if any person shall shut an}' 

 sluice-ways, or make any wears or other obstruction to the free pas- 

 sage of said fish, during such parts of the months of April and May 

 annually, as the wardens shall determine to be necessary for the free 

 passage of said fish, the person so offending shall forfeit and pay a 

 sum not exceeding one hundred dollars, and if any person shall break 

 any of the regulations established by said wardens, the person offend- 

 ing therein shall forfeit and pay a sum not exceeding ten dollars. 



Sect. 3. Be it further enacted, That it shall be the duty of the 

 fish-wardens to prosecute for all breaches of this act, and for all such 

 regulations as shall be established in pursuance thereof, in any court 

 proper to try the same, either in the county of Plymouth or Norfolk. 



Sect. 4. Be it farther enacted, That the proceeds of said fishery, 

 as well as the amount of all fines recovered by said wardens, shall 

 equally accrue to the said towns of Scituate and Cohasset, and be 

 paid to the respective treasurers of said towns. 



Sect. 5. Be it further enacted. That any fish-warden, as well as 



any inhabitant of the respective towns of Scituate and Cohasset, may 



be a competent witness in any prosecution under this act. — [March 



4, 1800. 



[Sp. Laws, vol. 2, p. 450.] 



[Sp. Laws, vol. 1, p. 422.] 



An Act in addition to an Act, entitled " An Act to prevent the Destruction of the Fish 

 called Alewives, in Taunton Great River, so called, in the County of Bristol, and also 

 to regulate the Catching the said Fish therein for the future." 



Sp. Laws, vol. 2, p. 381. Sect. 1. Be it enacted. That no two 

 seines or drag-nets shall be set, used or drawn in said river, so that in 

 drawing or sweeping with said two seines or drag-nets, any two points 

 of said river, lying and being within twenty rods of each other, shall 

 by different seines or drag-nets be drawn over, or swept on the same 

 • day. And any person or persons who shall offend herein by approach- 

 ing within twenty rods of any part of the river, that shall have been 

 occupied by another seine or drag-net on the same day, shall forfeit 

 and pay for each offence the same sum, to be recovered in the same 

 manner, and to the same uses as is provided for using seines and 

 drag-nets, contrary to the act to which this is in addition. — [March 

 4, 1800. 



