INLAND FISHERIES. 91 



or .icross the lands of any person, for any of the aforementioned pur- 

 poses, shall not be deemed or held as a trespass ; and an}' dam, or 

 sluice, or passage-way that may be opened as aforesaid, shall con- 

 tinue open, to such depth and width, and for such length of time, as 

 shall be necessarj' for the passing and repassing of the said fish as 

 aforesaid. And if any person or persons shall obstruct the passage- 

 wa}' allowed or ordered by said committee, or the major part of them, 

 in any dam or sluice-wa}-, or shall obstruct the passage of them in the 

 river, or any of the streams in said town, such person or persons 

 so offending, shall forfeit and pay a sum not exceeding one hundred 

 dollars, nor less than fifty dollars. 



Sect. 3. Be it further enacted, That if any person or persons, 

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

 emploj'ed, shall take any of the said fish, in the river or in any part 

 of any of the streams in said town, at any time, or by any wa^s or 

 means whatsoever, each person so offending shall forfeit and pay a 

 sum not exceeding twentj'-five dollars, nor less than five dollars for 

 every such offence. 



Sect. 4. Be it further enacted, That the town of Kingston, at 

 their meeting in March or April annually, shall appoint particular 

 places in each stream in said town where said fish may be taken ; and 

 no committee-man or person by them employed, or purchaser, shall 

 be deemed a trespasser in going on the lands of any person in order 

 to take said fish, on their paying a reasonable compensation therefor, 

 if required. And the committee chosen as aforesaid, shall appoint 

 certain days in each week, from the first da}- of April annually, not 

 exceeding four for four weeks successively, when the said fish shall 

 be taken ; and shall put up notifications in two public places in said 

 town, of the times and places for taking said fish, before the tenth 

 day of April annually. 



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

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

 the town of Kingston, 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 offend against any part of this act, and thereby incur 

 any 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 such 

 offence, the action shall be commenced against the parents, masters 

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

 rendered against any parent, master or guardian in such case, in the 

 same manner as for his or their personal offence. And no person by 

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



