158 LAWS RELATING TO 



tions that may be made to the free passing of said fish into the said 

 ponds, or repassing from thence into the sea ; and tlie said committee, 

 or either of them, or of such person or persons as shall be employed 

 by them, going on the land of any person or persons for this purpose, 

 shall not be deemed or held guilty of trespass. And the said com- 

 mittee, or the major part of them, shall determine the particular 

 places where the said fish shall be taken, and give public notice there- 

 of by posting up one or more notifications in some conspicuous place 

 or places in said town, on or before the first day of May annually : 

 provided, however, that the said fish shall not be taken any more than 

 three days in each week, at the discretion of the committee, and only 

 between the rising and the setting of the sun on said days ; and pro- 

 vided, also, that the said committee, or any other person under them, 

 shall not be authorized to appoint any such place for fishing on the 

 lands of John Manning, Esq., without his consent. 



Sect. 3. Be it further enacted^ That no person shall catch or take 

 any of said fish in any river, brook or stream leading to or from the 

 said pond, without the direction of the said committee, or the major 

 part of them, in writing ; and whoever shall presume, at any time 

 hereafter to take, kill or haul on shore any of the said fish with seines 

 or drag-nets, in either of the rivers, ponds, brooks or streams through 

 which the said fish pass into the said Cape Pond, or shall with any 

 seine or drag-net, or in any other way obstruct the passage of the said 

 fish to or from the said pond, or shall obstruct the said committee, or 

 either of them (or those persons employed by them) in the execution 

 of their duty ; in all and every of these cases the offenders shall for 

 each offence forfeit and pay a sum not exceeding twenty dollars nor 

 less than five dollars, with costs of suit. 



Sect. 4. Be it further enacted. That it shall be the duty of the 

 said committee, or either of them, and they are hereby vested with 

 full power and authority to sue for and recover, in the name of the 

 treasurer of the said town, from time to time, all forfeitures incurred 

 by any breach of this act, before any justice of the peace for the 

 county of Essex ; and any justice of the peace of the town of Glou- 

 cester may hear and determine any complaint under this act to the 

 amount of twenty dollars, his being an inhabitant of the said town 

 notwithstanding. And in case any minor or minors shall oflTend 

 ao-ainst any part of this act, and thereby incur any or either 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 of 

 prosecution of such minor or minors, the action shall be commenced 

 at^ainst such parent, master or guardian of such minor or minors 

 respectively, and judgment rendered accordingly ; and all such fines 

 shall be to the use of said town ; saving where any person shall give 



