170 LAWS RELATING TO 



excepted), for the purpose of taking shad or alewives, or obstructing 

 their passage along the said river, during the time aforesaid. 



Sect. 4. Be it further enacted, That if an}- person or persons shall 

 draw or sweep with any seine or net, on any day or time other than 

 as before expressed, or at any other place than those selected and 

 located as aforesaid ; or shall on any da^' or at any place set any 

 seine or net, weare or other obstruction in or across said river, or any 

 part thereof, or an}' waters connected with the same (Broad Cove 

 aforesaid, excepted), with the intention to catch or destro}' any of 

 the fish called shad or alewives within the time limited in the first 

 section of this act, he or they shall forfeit and pay fifty dollars for 

 each and every such offence, to be recovered by indictment or inform- 

 ation, to the use of the county in which the offence shall be commit- 

 ted, or by action of debt ; one half thereof, after deducting all 

 necessary expenses of the prosecution, to the use of him or them who 

 shall sue for the same, and the other half to the use of the town in 

 which the offence shall be committed. 



Sect. 5. Be it further enact ed, That if any person or persons shall 

 be found sweeping with any seine or net, or if any seine or net shall 

 be used by any person contrary to the true intent and meaning of this 

 act, it shall and may be lawful for any fish-warden or inspectors, to 

 be chosen by virtue of this act, or the law regulating the fishery in 

 the town of Middleborough, to seize or take such seine or net and 

 convert and retain the same to his or their own use or benefit, without 

 any suit or process whatsoever ; and if prosecuted therefor, to plead 

 the general issue and give this act in evidence as though the same 

 had been pleaded special!}-. 



Sect, 6. Be it farther enacted, That the several towns aforesaid 

 shall, at their annual meetings in the month of March or April, choose 

 by ballot three or more suitable persons, being freeholders in said 

 town, as fish- wardens, whose duty it shall be, jointly and severally, to 

 see that this act is enforced, and to prosecute for all breaches thereof; 

 and each fish-warden so chosen shall be sworn to the faithful dis- 

 charge of his duty ; and the said fish-wardens, when sworn, are 

 authorized to measure seines and nets, and to pursue and execute the 

 duties of their office in any place within the towns aforesaid. And if 

 any person chosen a fish-warden as aforesaid, shall refuse or neglect 

 to be sworn as aforesaid, for the space of five days after he shall be 

 duly notified of his election as aforesaid, he shall forfeit and pay a 

 fine of ten dollars, to the use of such town, to be recovered by action 

 of debt by the treasurer thereof, and such town shall proceed to a new 

 choice ; and so on, as often as circumstances shall require. And if 

 any of the towns aforesaid shall neglect to choose fish-wardens as 

 aforesaid, or to make sale of their privileges aforesaid, within the 



