INLAND FISHERIES. 97 



and uses as tlic inhabitants thereof shall, from time to time, in town- 

 meeting determine. 



Sect. 2. Be it further enacted^ That if the pnrchaser or purchasers, 

 manager or managers, or those employed by them, shall presume to 

 take an}' of the said fish at an}' other time or place in the said town 

 than shall be by said town determined ; and if any other person or per- 

 sons whatever, except the purchaser or purchasers, manager or mana- 

 gers, of the said privileges, or those emplo^'ed by them, in either of 

 the streams aforesaid, shall take an}' alewives, said person or persons 

 so offending shall, for each offence, forfeit and pa}' a sum not exceed- 

 ing thirteen dollars nor less than one dollar, at the discretion of the 

 justice before whom the same shall be tried. 



Sect. 3. Be it further enacted. That the said town of Topsfield 

 shall, at their annual meeting in March or April, choose by ballot a 

 committee, not exceeding seven nor less than three freeholders of 

 said town, who shall be sworn or affirm to the faithful discharge of the 

 duties enjoined upon them by this act ; and it shall be the duty of the 

 said committee to remove, or cause to be removed, all obstructions or 

 impediments out of the natural course of said streams or other 

 passage-ways, as they, or the major part of them, shall judge obstruct 

 and impede the passage of said fish, during the time of their passing 

 up and down in each year ; and the said committee, or the major part 

 of them, are empowered to open the natural course of the said 

 streams, by making them wider and deeper, as well as other passage- 

 ways which they may judge necessary for the passage of the said 

 lish. And, the said committee, or any two of them, paying a reasona- 

 ble compensation therefor if demanded, shall have authority, in dis- 

 charging the duty enjoined upon them by this act, to go on the lands 

 and meadows of any person through which said streams run, or into 

 any building, mill, or other water-works on said streams, without 

 being considered as trespassers ; and any person who shall molest or 

 hinder said committee, or either of them, in the execution of the 

 business of his or their office, or shall obstruct any of the aforesaid 

 streams or passage-ways, otherwise than may be allowed by the 

 said committee, or the major part of them, he or they so offending 

 shall forfeit and pay, for every such offence, a sum not exceeding ten 

 dollars nor less than one dollar, at the discretion of the justice before 

 whom the same shall be tried : provided, neverthdess, that nothing in 

 this act shall be considered as authorizing the said committee to 

 injure the proprietor of any mill or other water-works further than is 

 necessary in order to give the said fish a good and sufficient passage- 

 way up the said stream. 



Sect, 4. Beit farther enacted, That if the purchaser or purchasers, 

 manager or managers of the said privilege, shall, when in his or their 



