176 LAWS RELATING TO 



structed with a permanent mud-sill, to be placed upon the bottom of 

 the natural channel of said river, with permanent abutments and a 

 cross timber at the top, not less than thirty inches above the mud-sill, 

 and shall not be less than fifteen feet in breadth, except onl}' when 

 b}' reason of the falling of the water in said river, there shall not be 

 more than twenty-four inches of water above said mud-sill, the said 

 passage-wa}- with the advice and consent of the fish-wardens of Bil- 

 lerica, given in writing, ma}' be diminished in proportion to the depth 

 of the water : provided^ however, that it shall never be reduced to a 

 less breadth than six feet. 



Sect. 2. Be it further enacted^ That so long as said proprietors, 

 occupant or person upholding said mill-dam, shall cause to be kept 

 open a sluice or passage-way for fish through said dam, of the dimen- 

 sions aforesaid, and for the time aforesaid, neither of the said pro- 

 prietors, or any tenant or occupant of said mill or mill-dam, shall be 

 liable to anj' penalty or prosecution whatever, by force of any act rel- 

 ative to the obstruction of the passage of fish up and down said river. 



Sect. 3. Be it further enacted. That the seventh section of an act 

 entitled " An Act further regulating the fishery in the Merrimack 

 River, and the streams running into the same," passed the eighteenth 

 da}' of June, one thousand eight hundred and nineteen, be, and the 

 same is hereby repealed. — [February 14, 1821. 



1821. 



[1819, 20.] 

 An Act to prevent the Destruction of Fisb in the Town of Framinghani. 



1821, 15. Sect. 1. Be it enacted^ That from and after the pass- 

 ing of this act, it shall not be lawful for an}' person to set or use 

 more than one hook, at any one time, on any of the ponds or streams 

 within the town of Framinghani, in the county of Middlesex ; nor 

 shall it be lawful for any person or persons to draw any seine or net, 

 in any of the ponds or streams in said town ; nor shall it be lawful for 

 any person to set any pot or net in any of the streams aforesaid. And 

 if any person or persons shall, after the passing of this act, be found 

 using or setting more than one hook, at any one time, such person or 

 persons shall, for each hook so set or used, after the first, forfeit and 

 pay a sum not less one dollar ; and if any person or persons shall, 

 after the passing of this act draw any seine or net in any of the ponds 

 or streams within said town, or shall set any pot or net within any of 

 the streams aforesaid, he or they so offending, shall forfeit and pay a 

 sum not less than five dollars, and shall forfeit the pot, seine or net 

 so used to the use of the said town. 



Sect. 2. Be it further enacted, That all penalties incurred by any 

 breach of this act, may be recovered by any person who shall sue for 



