60 LAWS RELATING TO 



1794. 



[Sp. Laws, vol. 1, p. 272.] 



An Act in addition to an Act, entitled " An Act to regulate the Catching of Salmon, 

 Shad and Alewives, and to prevent Obstructions in Merrimaclv River, and in the other 

 Rivers and Streams running into the same, within this Commonwealth, and for re- 

 pealing several Acts heretofore made for that purpose." 



Sp. Laws, vol. 1, p. 511. Sect. 1. Be it enacted, That all pecun- 

 iary fines or forfeitures for the breach of an act passed in the year of 

 our Lord one thousand seven hundred and ninety, entitled " An Act 

 to regulate the catching salmon, shad and alewives, and to prevent 

 obstructions in Merrimack River, and in the other rivers and streams 

 running into the same within this Commonwealth ; and for repealing 

 several acts heretofore made for that purpose," which b}' the said act 

 are set at more than four pounds, may be recovered by indictment, 

 either in the supreme judicial court or court of general sessions of the 

 peace in the count}' where the offence shall be committed. 



Sect. 2. Be it further enacted, That where any person or persons 

 shall be convicted in either of the said courts, of erecting or continu- 

 ing any obstructions or incumbrance in or across anj- of the rivers or 

 streams mentioned in the said act, so as to prevent the free passage 

 of the said fish up and down the said rivers and streams, the court 

 before whom such conviction shall be, besides rendering judgment for 

 such fine and cost, shall order such obstruction or incumbrance to be 

 removed, and the materials thereof to be sold at vendue, to pay the 

 expense of such removal, with the officer's fees, and if the same shall 

 not be sufficient, may order the deficiency to be raised and levied on 

 the goods and chattels of the person or persons convicted of erecting 

 or continuing the same ; and the warrant for removal shall be directed 

 to the sheriff, deputy- sheriff or coroner of the same count}', as the 

 case may require. 



Sect. 3. Be it fnrther enacted, That the fines and forfeitures which 

 shall be recovered by indictment, pursuant to this act, shall be wholly 

 to the use of the count}' in which the recover}' shall be, towards dis- 

 charging the expenses of such county ; anything in the said act 

 whereto this addition is made to the contrary notwithstanding. — 

 [Feb. 2G, 1794. 



An Act for continuing an Act made in the year of our Lord one thousand seven hun- 

 dred and eightj'-nine, entitled "An Act to prevent the Destruction of the Fish called 

 Shad and Alewives, in Mistic River, so called, within the Towns of Cambridge, 

 Charlestown and Medford, and for repealing all laws heretofore made for that pur- 

 pose," and also for extending the said Act to the Towns of Woburn and Maiden. 



Sp. Laws, vol. 1, p. 512. Sect. 1. Be it enacted, That the said 

 act, in every article and clause, matter and thing, shall continue and 



