INLAND FISHERIES. 237 



the town, the other half to the person or persons giving the informa- 

 tion. 



Sect. 4. All persons not otherwise disqualified shall be taken to 

 be competent and legal witnesses in an}' prosecution upon this act, 

 the}' being inhabitants of the town of Tisbury notwithstanding. 



Sect. o. The selectmen of the town of Tisburj' are hereby em- 

 powered to direct the fish-committee to take and sell such i)art of the 

 fish taken in said creek as shall be sufficient to pay all expenses that 

 have accrued or ma}' accrue in securing and preserving said fishery : 

 provided, that the quantity or number so required shall not exceed 

 one-sixth part of all the fish taken by the inhabitants of said town, in 

 an}' one year, at said fishery. 



Sect. 6. If any damage is sustained by the owners of the land on 

 which said fish are taken by the inhabitants of the town of Tisbury, 

 the selectmen of said town shall pay a reasonable compensation there- 

 for, when demanded. And in case of a refusal by the selectmen to 

 pay a reasonable compensation the same may be recovered by an 

 action on the case against the said town of Tisbury. 



Sect. 7. No person shall take any herring or alewives from the 

 Vineyard Sound or Sea within one mile of said Chappaquonset Creek, 

 or make any new outlets from Chappaquonset Pond, except it shall be 

 done by a vote of the inhabitants of the town of Tisbury, at a ligal 

 meeting warned and held for that purpose. 



Sect. 8. Nothing in this act shall be so construed as to prevent 

 the owners of marsh or meadows from flowing or drainino- their 

 meadows through Chappaquonset Creek, whenever it can be done with- 

 out obstructing the passage of the herrings or alewives to or from 

 Chappaquonset Pond. And nothing in this act contained shall atfect 

 any suit now pending, or the legal rights of any person. — [March 4, 

 1847. 



[Sp. Laws, vol. 2, p. 222.] 

 An Act to regulate the Herring Fishery in the Town of Falmouth. 

 1847,94. Be it enacted, etc., as follows: Sect. 1. The inhabi- 

 tants of the town of Falmouth in the county of Barnstable, may, at 

 any legal meeting called for that purpose, prescribe the times, manner 

 and places for taking alewives or herrings in Dexter's River, and other 

 waters connecting Coonamisset Pond with the Vineyard Sound or Sea, 

 and also in the other rivers, streams and ponds which have heretofore 

 been used by the inhabitants of said town as herring fisheries ; and 

 they may also at said meeting adopt such further rules and regulations 

 as may by them be deemed expedient for the preservation of said fish- 

 ery ; and they may dispose of the privilege of taking said fish in an}' 

 way or manner they may think proper ; and they shall choose by 



