INLAND FISHERIES. 213 



four rods below where his present dam is now located, to be raised 

 no higher than the tide usuall}- flows, wiih a sufficient passage or 

 sluice-way therein, for the passage of such vessels, boats or rafts 

 as may have occasion to go up and down said river, of at least 

 twenty-four feet in width, with good and sufficient sluice-gates, to be 

 constructed with paddle-gates therein, of two feet square: provided, 

 hoivever, that the mud-sill upon which said sluice-gates are placed, 

 shall not rise more than twelve inches above the bed of the river, and 

 that said sluice-gates shall at all times be opened b}' said Hobart, his 

 heirs or assigns, when it is practicable so to do, for the passage of 

 vessels, boats or rafts up and down said river : and 2^i'0vide.d, further , 

 that at all times during the continuance of said dam, there shall be 

 kept up and maintained upon the water privilege created by said dam, 

 a grist-mill in which shall be ground all kinds of grain, and that there 

 shall be maintained in said dam a sufficient passage-way for the her- 

 ring and other fish to pass up said river, and provided, further, that 

 nothing herein contained shall authorize said Hobart, his heirs or 

 assigns, to appropriate for said dam and privilege, the property or 

 lands of others, except in the manner now provided b}^ law. And 

 that said dam shall be erected within three 3'ears from and after the 

 passage of this act. — [April 18, 1837. 



[Sp. Laws, vol. 1, p. 313; 1833, 137.] 

 An Act to regulate the Alewive Fishery in Middleborough. 



1837, 193. Be it enacted, etc., as follows: Sect. 1, The inhabi- 

 tants of the town of Middleborough, in the county of Plymouth may, 

 at au}' meeting called for that purpose, dispose of their right of taking 

 alewives in said town b}' contract or b}' sale at public auction, for a 

 term not exceeding five 3'ears, on any one contract or sale ; or said 

 town may improve their right aforesaid, b}' choosing agents to take 

 said alewives, and dispose of the same as the town may from time to 

 direct. 



Sect. 2. All acts and parts of acts regulating the fishery in said 

 town inconsistent with this act, are hereb}' repealed. 



Sect. 3. This act shall take effect from and after the passage 

 thereof.— [April 18, 1837. 



[185.5, 401 ; 1863, 73.] 



[Sp. Laws, vol. 2, p. 117 ] 

 An Act to regulate the Fishery in Newbury. 

 1837, 195. Be it enacted, etc., as follows : Sect. 1. The inhab- 

 itants of the town of Newbury, in the county of Essex, may, at any 

 legal meeting called for that purpose, regulate the taking the several 

 kinds of fish in Parker River and other streams within said town, or 

 dispose of the privileges of taking the same to their own use and 



