162 LAWS RELATING TO 



An Act to prevent the Destruction of Shad and Alewives in the South River, so called, 



in the Town of Marshfield. 



1817, 162. Sect. 1. Be it enacted, That the inhabitants of the 

 town of Marshfield, at their meeting for the choice of town officers in 

 March or April annuall}', be and the^' are herebj^ authorized and 

 empowered to appoint three or more persons a committee to superin- 

 tend the taking of shad and alewives, at such places and on such days 

 as said inhabitants at said meeting shall direct ; which committee shall 

 dispose of said fish as said town shall order, and shall be allowed such 

 compensation for all their said services as said town shall think just 

 and reasonable ; and shall settle their accounts annually with the 

 selectmen of said town and pay the balance into their hands for the 

 use of said town. 



Sect. 2. Be it further enacted, That the said committee or the 

 major part of them be and they are hereby authorized to have made 

 and kept open sufficient sluice-ways at proper times, for the passage 

 'of said fish up and down said river, through, over or round all dams 

 for mills or other water-works, which now are or shall hereafter be 

 made over said river in said town ; and if any p"erson or persons shall 

 obstruct or impede the passage-ways allowed or authorized by said 

 committee or a major part of them, for the passage of said fish up and 

 down said river, or shall by any means whatsoever, hinder the said 

 fish from passing up and down said river, otherwise than is directed 

 by this act, such person or persons so oflTending, shall forfeit for ever}" 

 such oflfence, 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 person or persons as shall be b}' them 

 employed or permitted, shall take any of the said fish in said river or 

 any stream that belongs to it, at any time or by an}^ means whatever, 

 each person so offending shall forfeit and pa}' a sum not exceeding 

 ten dollars nor less than five dollars for every such offence. 



Sect. 4. Be it further enacted. That all penalties incurred by any 

 breach of the provisions of this act, shall be sued for and recovered 

 by the treasurer of said town of Marshfield, for the time being, in any 

 court in the county of Plymouth proper to try the same ; and all sums 

 of mone}- so recovered, shall be appropriated to the use of said town ; 

 and in case any minor or minors shall offend against any part of said 

 act, and thereby incur au}^ or either of the penalties of this act, in all 

 such cases, the parents, masters or guardians of such minors respec- 

 tively, shall be answerable therefor ; and in case of any prosecution 

 of such minor or minors for any of the aforesaid offences, the action 

 shall be commenced against the parent, master or guardian of such 

 minor or minors respectively and judgment shall be rendered against 



