INLAND FISHERIES. 93 



landing where said fish are taken, he or they so offending shall, for 

 each offence, forfeit and pay the sum of one dollar. 



Sect. 4. Be it further enacted, That the said towns of Lynn, 

 Lynnfield and Reading shall, at their respective annual meetings in 

 March or April, severally choose a committee, not exceeding nine, 

 nor less than three, freeholders of said towns, 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 cause the 

 natural course of the rivers, passage-ways or streams through which 

 said fish pass, to be kept open and without obstruction, during the 

 whole time said fish pass up or down in said rivers, passage-ways or 

 streams in each year, and to remove any such as shall be found 

 therein ; and to make the said passage-ways wider and deeper, if 

 they or the major part of them shall judge it necessary ; and the said 

 several committees, or any two of either of them, paying a reasonable 

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

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

 lands and meadows of any person through which such rivers, passage- 

 ways or streams run, or into any building, mill or other water-works 

 on said rivers or streams, without being considered as trespassers ; 

 and any person who shall molest or hinder the said committees, or 

 either of them, in the execution of the business of his or their office, 

 or shall obstruct any passage-way in the said rivers or streams, other- 

 ways than may be allowed by the said committees, or a major part 

 of them respectivel}-, 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, nevertheless, that nothing in this act shall be con- 

 sidered as authorizing the said committees to injure the proprietor of 

 any mill or water-works further than is necessary in order to give the 

 said fish a good and sufficient passage up the said rivers. 

 ♦< Sect. 5. Be it further enacted, That it shall be the dut}' of the 

 said committees respectively, to prosecute all breaches of this act, and 

 for an}' two of them to seize and detain in their custod}^ any net which 

 may be found in the hands of any person using the same, contrar}^ 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 their respective towns, all such fish as 

 they shall suspect to have been taken contrar}' to the provisions of 

 this act, unless the person in possession thereof can give satisfactory 

 evidence to such committee that said fish were lawfuU}' 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 where the 



