INLAND FISHERIES. 131 



or shall drag any seine or drag-net, or set any net or pot, or use any 

 other machine for the purpose of catching any of the said fish in any 

 of the said rivers or streams within this Commonwealth, at any other 

 time or place other than is allowed by the act to which this is in addi- 

 tion, shall forfeit and pay for each offence, a sum not less than seven 

 dollars nor more than thirty dollars, at the discretion of the court 

 before which trial shall be had, according to the aggravation of the 

 offence, anything in the act to which this is in addition to the contrar}^ 

 notwithstanding. 



Sect. 2. Be it further enacted, That from and after the passing 

 this act, every town in this Commonwealth bordering on Merrimack 

 River, and in which there are any ponds, rivers or streams centering 

 to or emptying themselves into Merrimack River, where salmon, shad 

 or alewives do or would (if not obstructed) go up to cast their spawn, 

 shall at their annual meeting in the month of March or April, anna- 

 all}', choose b}' ballot at least six suitable and fit persons as fish- 

 wardens, any law or usage to the contrary notwithstanding. 



Sect. 3. Be it further eyiacted, That if any person shall be found 

 in any wa}' aiding or assisting in unlawfull}' fishing, on conviction 

 thereof he shall be adjudged guilty of a breach of the act to which this 

 is in addition, and shall forfeit and pa}' the same fine as is provided 

 in this act for actually fishing on unlawful days. 



Sect. 4. And be it further enacted, That the powers given to fish- 

 wardens in the act to which this is in addition, shall be transferred to 

 the selectmen of the several towns whei-e this law can operate or have 

 force, so far as relates to opening and preventing obstructions in or 

 across the said Merrimack River, or any of the rivers or streams run- 

 ning into the same ; and it shall be the dut}' of the selectmen of the 

 three nearest or next adjoining towns, where an}' obstructions are or 

 may be formed in or across said rivers or streams, or the major part 

 of such selectmen, to remove or cause to be removed after twenty-four 

 hours' notice given to the owner, builder or occupier, all obstructions 

 to a free and suitable passage of the said fish up and down the said 

 rivers and streams ; and if the owner, builder or occupier of any 

 dam or other obstruction shall refuse or neglect for the space of 

 twenty-four hours after notice given as aforesaid, to remove such dam 

 or obstruction, or such part thereof as the selectmen shall direct, the 

 selectmen shall cause the same to be removed at the expense of the 

 owner, builder or occupier thereof. 



Sect. 5. Be it further enacted, That all fines and forfeitures 

 incurred by any breach of this act, or the act to which this is in addi- 

 tion, and not exceeding ten dollars, shall enure wholly to the fish- 

 warden complaining; and all fish found taken on unlawful days shall 

 be the property of the fish-warden finding them. — [February 29, 1812. 



