128 LAWS RELATING TO 



Sect. 3. Be it further enacted, That if the owner or owners, oc- 

 cupier or occupiers of the dams aforesaid, shall refuse or neglect to 

 open and keep open within the period before mentioned, the passages 

 as aforesaid, such owner or owners shall forfeit and pay the sum of 

 one hundred dollars to the use of the towns as aforesaid, to be recov- 

 ered l)y action of debt, in any court proper to try the same. 



Sect. 4. Be it further enacted, That there shall be two days in 

 each week appropriated for taking of said fish in the said streams and 

 ponds, viz., on Monday and Friday, and no fish shall be taken on 

 any other days than the days prescribed b}'^ this act, on the penalty 

 of not more than ten dollars and not less than two dollars, and no 

 person shall be allowed to take said fish with seines or drag-nets, on 

 penalt}' of thirteen dollars. 



Sect. 5. Be it further enacted, That any justice of the peace in 

 either of the towns of Ipswich, Hamilton or Wenham, shall have 

 cognizance of an}- breach of this act, and hear, try and determine 

 any complaints to the amount of thirteen dollars, his being an inhab- 

 itant of either of the said towns notwithstanding ; 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 parent, 

 master or guardian of such minor or minors shall be answerable 

 therefor, and in case a prosecution shall ensue, the action shall be 

 commenced against the parent, master or guardian of such minor or 

 minors, respective!}', and judgment rendered accordingly. — [March 



1, 1809. 



[1811, 113.] 



1810. 



An Act to preserve and regulate the taking or catching of Fish called Smelts, in the 

 Island River, so called, in the South part of the Town of Maiden, in the Connty of 

 Middlesex. 



l8lO, 112. Sect. 1. Be it enacted, That from and after the pass- 

 ing of this act, it shall not be lawful for any person or persons to 

 draw or set any seine, net or drag-nets in the Island River (so called) , 

 between Beacham's Point and a dam in said river, near the island so 

 called, in said town of Maiden, from the first day of October to the 

 first day of May, annually ; and any person so oflending herein, shall, 

 for each offence, forfeit and pay a sum not more than twenty dollars 

 nor less than ten dollars, to be recovered by action of debt before any 

 court proper to try tlie same, one half to the use of the town and the 

 other half to the use of him or them who may sue therefor. — [Feb- 

 ruary 28, 1811. 



