164 LAWS RELATING TO 



or net, or set up, erect or place any obstruction or incumbrance what- 

 soever (mill-dams excepted) in or across Charles River, whereby the 

 free passing of the 6sh up and down said river shall be straightened, 

 obstructed or stopped, they shall severally forfeit and pay the sum of 

 fifty dollars for each and every offence, one half of which shall be to 

 the use of him or them that shall sue or prosecute therefor, and the 

 other half to the use of the town or towns within whose limits the 

 offence is committed ; or any town may sue in the name of its inhabi- 

 tants, and in that case the whole penalt}' shall be to the use of the 

 town thus sueing. 



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

 draw or use an}' seine or net of a greater length than fifteen feet, or 

 shall make use of more than one net or seine at the same time, to 

 take any of the fish called tom cod and smelts within said river, or 

 shall draw any such seine or net on any other of the days of the week 

 than Monday, Wednesday and Friday, they shall severally forfeit and 

 pa}' the sum of fort}' dollars for each and every offence, to the use as 

 aforesaid ; "and all other forfeitures incurred by any breach of this act 

 may be recovered by an action on the case before any court proper to 

 try the same : jwovided, that nothing contained in this act shall be 

 construed to subject any person or persons to any of the penalties 

 aforesaid by reason of their happening to take any of the said fish 

 called tom cod and smelts, when they shall rightfully draw or use a 

 seine or net, the meshes of which are not less than one inch square, 

 for the purpose of taking shad and alewives, in the usual and proper 

 season of taking those fish. — [February 19, 1819. 



1819. 



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



An Act in further addition to the several Acts for regulating the Fishery in Merrimack 



River. 



1819, 4. Sect. 1. Be it enacted. That from and after the first day 

 in July in each and every year, the penalties contained in the several 

 acts heretofore passed for regulating the fishery in Merrimack River, 

 shall not extend to or be in force against any person drawing a net 

 or seine for the purpose of taking the fish called menhaden, or any 

 other sea or salt water fish, anywhere below Essex Merrimack bridge ; 

 anything in the several acts before mentioned to the contrary notwith- 

 standing. — [June 11, 1819. 



[Sp. Laws, vol. 3, p. 378.] 

 An Act respecting the Fishery in the Towns of Rehoboth and Swanzey. 

 1819, 11. Sect. 1. Be it enacted, That from and after the pass- 

 ing of this act, if any person or persons shall attempt to take any 



