INLAND FISHEIUES. 165 



shad or alewives with a seine, ov drag-net, or scoop-net, set or draw- 

 ing in Pahner's River, or the branches thereof, at an}- time or place 

 otherwise than is allowed by law within the towns of Rehoboth or 

 Swanze}-. shall forfeit and pay seven dollars for each and every offence, 

 to be recovered by action of debt in an}' court proper to try the same, 

 one moiety to him or them who shall prosecute for the same, and the 

 other moiet}' to the town in which the offence is committed. 



Sect. 2. Be it further enacted^ That any seine, drag-net or scoop- 

 net which shall be found set or drawing in said Palmer's River, or 

 any branch thereof, with or without the owner of the same, or any 

 other person, shall be forfeited to the use of the poor of the town in 

 which the offence is committed ; and if any person or persons shall 

 make, or cause to be made, any weare within eight rods of another in 

 said river, he or they shall forfeit and pay a fine of seven dollars, to 

 be recovered and appropriated as aforesaid. — [June 12, 1810. 



[1820, 51 ; 18^6, 130 ; 1837. 184 ] 



[Sp. Laws, vol. 1, p. 272] 



An Act further regulating the Fishery in Merrimack River and the Streams running 



into the same. 



1819, 20. Sect. 1. Be it enacted^ That if any person or persons 

 shall erect or cause to be erected an}- mill-dam or weare, or shall place 

 any stones, timber, boards, plank or gravel, or any other obstruction 

 or incumbrance in or across the Merrimack River, or any of the rivers 

 or streams running into the same, or continue or suffer to be continued 

 any such obstruction or incumbrance as before mentioned, as hath 

 heretofore been erected or placed so as to prevent or obstruct the free 

 passage of the salmon, shad or alewives in their usual course up and 

 down said rivers and streams, at the time of their passing up to cast 

 their spaw-n, and returning down of said fish and the young fry ; the 

 person or persons so offending, instead of the penalty heretofore pro- 

 vided by law for such offence, shall forfeit and pay a sum not exceed- 

 ing five hundred dollars, nor less than one hundred dollars, at the 

 discretion of the court before whom the conviction may be had, to be 

 recovered by action or indictment ; one half to the use of the county, 

 and the other half to the person or persons who may sue or prosecute 

 for the same ; and the court before whom such conviction may be had 

 shall cause the obstruction to be removed at the cost and charge of 

 the offender or ofl^enders. 



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

 at any time, with a spear or other instrument or machine, by torch- 

 light or candle-light, catch, kill oi,- destroy any salmon, shad or ale- 

 wives in any of the rivers or streams aforesaid, or shall with jack and 

 spear, by torch-light or candle-light fish for the purpose of catching 

 jiny salmon, shad or alewives, every such person so offending shall 



