98 LAWS RELATING TO 



power, neglect or refuse to supply any person or persons with said 

 fish, when green, in any quantitj- not exceeding one hundred to any 

 one person who maj' apply therefor, at such rates as shall be deter- 

 mined b}' the said town, not exceeding twenty-five cents for one hun- 

 dred of said fish, he or they so offending shall forfeit and pay the sum 

 of one dollar ; and if any person or persons shall ask, demand and 

 receive more than twenty- five cents for one hundred of said fish, and 

 in that proportion for a less number, at the place of taking said fish, 

 he or the}' so offending shall, for each offence, forfeit and pay the sum 

 of one dollar. 



Sect. 5. Be it further enacted, That it shall be the duty of the 

 said committee to prosecute all breaches of this act, and for any two 

 of them to seize and detain la their custod\', an}' net which may be 

 found in the hands of any person using the same contrary to the true 

 intent and meaning of this act, until the person so offending makes 

 satisfaction for his offence, or is legally acquitted therefrom ; and also 

 to seize to the use of the said town, all such fish as the}' shall suspect 

 to have been taken contrary to the provisions of tliis act, unless the 

 person or persons in possession thereof can give satisfactory evidence 

 to such committee that said fish were lawfully taken. 



Sect, 6. Be it further enacted, That all penalties incurred by any 

 breach of this act, shall be recovered by an action on the case before 

 any justice of the peace within and for the county of Essex, allowing 

 an appeal to the court of common pleas for the same county ; and all 

 sums of money recovered as forfeited by this act, shall be for the sup- 

 ix)rt of the poor of the said town ; and no person, by reason of his 

 being one of the said committee, or an inhabitant of the said town, 

 shall thereby be disqualified from being a witness in any prosecution 

 for a breach of this act. 



Sect. 7. Be it further enacted, That the fish-committee, or the 

 major part of them, are hereby authorized to give liberty to any 

 owner of any grist-mill standing on either of the aforesaid streams, 

 to close the fish-ways, or either of them, after the first day of June 

 annually, if they, or the major part of them, shall judge said fish have 

 done passing up. 



Sect. 8. Be it farther enacted. That all laws heretofore made, 

 relative to taking alewives in the aforesaid streams in said Topsfield, 

 and relating to closing the fish-ways after the first day of June annu- 

 ally, are hereby repealed. — [February 9, 1803. 



An Act regulating the Taking the Fish called Alewives, in the several Streams empty- 

 ing into Merrimack River, in the town of Haverhill. 



Sp. Laws, vol 3, p. 54. Sect. 1. Be it enacted, That it may and 

 shall be lawful for the inhabitants of the said town of Haverhill, from 



