INLAND FISHERIES. 105 



committee, or any two of them, paying a reasonable compensation 

 therefor, if demanded, shall have authority in discharging the duties 

 enjoined upon them by this act, to go on the lands of any person 

 bounding on said river, without being considered trespassers ; and 

 any person who shall molest or hinder said committee, or eitlier of 

 them, in the execution of their dut}', he or they so offending shall 

 forfeit and pa}' for every such offence a sum not exceeding ten dollars 

 nor less than two dollars, at the discretion of the justice before whom 

 the same shall be tried. 



Sect. 4. Be it further enacted. That it shall be the duty of the 

 said committee to prosecute all breaches of this act, and for any two 

 of them to seize and detain in their custody any net or seine which 

 may be found in the hands of any person using the same contrary 

 to the true intent and meaning of this act, until the person so offend- 

 ing make satisfaction for his offence, or is legally acquitted there- 

 from ; and also to seize, to the use of the town, all such fish as they 

 shall suspect to have been taken contrary to the provisions of this 

 act, unless the person in possession thereof can give satisfactory 

 evidence to such committee that said fish were lawfully taken. 



Sect. 5. Be it further enacted, That the penalties incurred by any 

 breach of this act shall be recovered by an action on the case, before 

 any justice of the peace within said county, allowing an appeal to 

 the court of common pleas of said county ; and all sums of money 

 recovered as forfeited bj- this act, shall be for the support of the 

 poor of said town ; and no person by reason of his being one of the 

 said committee, shall be thereby disqualified from being a witness in 

 any prosecution for a breach of this act. — [February 21, 1803. 



[Amended 1879, 65.] 



[Sp. Laws, vol. 2, p. 436.] 



Ax Act in addition to an Act entitled an Act to regulate the Alewive Fishery in the 

 Brook running out of Wakepee Pond, into the Sea, in the Indian Plantation called 

 Marshpee, in the County of Barnstable, passed June the thirteenth, A. D. 1801. 



Sp. Laws, vol. 3, p. 111. Whereas the provision in the first 

 section of the above recited act, designating the time for the pas- 

 sage-wa^-s to be opened for said fish to pass and repass is found 

 inconvenient : therefore. 



Sect. 1. Be it enacted. That from and after the passing of this 

 act, the time for the passage-wa}' or ways to be kept open for the 

 said fish to pass and repass through an}- mill-dam or dams mentioned 

 in said act, shall be from the twentieth day of April to the fifteenth 

 day of June annually, instead from the first day of April to the 

 twenty-fifth of May. 



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

 shall take anj' such fish in the brook aforesaid, without permission 



