INLAND FISHERIES. 81 



the selectmen of said town, and who, in the opinion of the selectmen, 

 are unable to pay for the same, which list shall be given to the com- 

 mittee, and the person or persons borne on the same shall be sup- 

 plied with such quantities of said fish gratis, as the committee may 

 think expedient. And the committee aforesaid shall have such allow- 

 ance for their services as the inhabitants of said town, at the time of 

 appointing said committee, shall determine ; and shall annuallj', in 

 the month of September next following their appointment, exhibit 

 their accounts to the selectmen of said town for settlement and allow- 

 ance, and pay the balance remaining in their hands, if any, to the 

 treasurer of the town of Dusbury, for the town's use. 



Sect. 3. Be it further enacted^ That the said committee, or the 

 major part of them, be and hereby are authorized and empowered to 

 open any dam or the sluice of an}' mill or other water-works erected, 

 or that ma}' be erected, on or over said brook, at the expense of the 

 owner or owners of such dam or sluice, provided such owner or own- 

 ers shall neglect to open the same when thereto required by said com- 

 mittee, or the major part of them as aforesaid ; and the dam or sluice 

 that ma}' be so opened shall continue open to such depth and width, 

 and for so long a time as the said committee or the major part of them 

 shall judge necessary ; and if any person or persons shall obstruct the 

 passage way allowed or ordered by the said committee or the major 

 part of them, in any dam or sluice-way, or shall obstruct the passage 

 of said fish in any other part of said brook than is permitted by this 

 act, such person or persons so offending shall forfeit and pay a sum 

 not exceeding one hundred and fifty dollars nor less than thirty dol- 

 lars. 



Sect. 4. Be it further enacted, That if any person or persons, 

 other than the said committee, or such persons as shall be by them 

 employed, shall take any of the said fish in the said brook, or any 

 part of it, at any time, or by any means whatsoever, each person so 

 offending shall forfeit and pay a sum not exceeding ten dollars nor 

 less than two dollars for every such offence. 



Sect. 5. Be it further enacted, That all penalties incurred by the 

 breach of this act may be sued for and recovered by the treasurer of 

 the town of Duxbury, for the time being, in any court in the county 

 of Plymouth proper to try the same ; and all sums so recovered shall 

 be appropriated to the use of said town ; and in case any minor or 

 minors shall oflfend against any part of this act, and thereby incur any 

 or either of the penalties aforesaid, in all such cases the parents, 

 masters or guardians of such minor or minors shall be answerable 

 therefor ; and in case of a prosecution of such minor or minors for 

 any offence, the action shall be commenced against the parent, master 

 or guardian of such minor or minors respectively, and judgment be 



