INLAND FISHERIES. 79 



part thereof into a town by the name of Canton," never have been 

 passed ; anything in either of the aforesaid acts to the contrary not- 

 withstanding. — [Feb. 19,1799. 



[1823, 41.] 



1799. 



An Act to regulate the taking of the said Fish called Alewives, in Monatiquot River, 



in the town of Braintree. 



Sp. Laws, vol. 2, p. 285. Sect. 1. Be it enacted, Tiiat the town 

 of Braintree, at their meeting in March or April annually, may and 

 they are hereby autliorized to regulate the taking of the fish called 

 alewives, in Monatequot River by fixing upon the times, places and 

 manner of taking said fish, and the price at which said fish when 

 taken may be sold, not exceeding twenty-five cents for one hundred 

 fish ; and also to direct their committee to farm out or sell the privi- 

 lege of taking said fish ; which regulations, when made, shall remain 

 in force for one year next ensuing, and afterwards until new regula- 

 tions in manner aforesaid shall be adopted by the town. And it 

 shall be the duty of said town, at their aforesaid meeting annually, 

 to choose three discreet persons, whose duty it shall be to Inspect 

 said river, to cause the regulations respecting said fishery to be 

 carried into effect, and to prosecute all violations thereof that shall 

 come to their knowledge, and who shall also be sworn to the faithful 

 performance of their duty, in like manner and under like penalties as 

 other town officers. 



Sect. 2. Be it further enacted. That the owners or occupiers of 

 dams across said river shall, during the time said fish are passing up, 

 open a passage through, over or round their respective dams, suffi- 

 cient for the passage of said fish, in the opinion of the committee, 

 under penalty of ten dollars for each and every twenty-four hours that 

 they shall neglect to open a passage as aforesaid, from and after said 

 owner or occupier has been notified and required, in writing, by said 

 committee, for the space of two days, so to do. 



Sect. 3. Be it further enacted, That if any person shall make 

 any wear across said river, or cause an}' obstruction to the free pas- 

 sage of said fish, or if an}- person shall presume to take any of said 

 fish, except at the places and on the daj's allowed by the town, or if 

 any person other than the purchasers or farmers of the said privilege, 

 or those emploj-ed by them, shall presume at any time to take any of 

 said fish, or if the person taking said fish shall sell them at a higher 

 rate than the town shall allow, the person so offending shall for each 

 offence forfeit and pay a sum not more than five dollars nor less than 

 one dollar, at the discretion of the justice before whom the same may 

 be tried. 



