INLAND FISHERIES. 217 



and liabilities set forth in the fort3'-fourth chapter of the Revised 

 Statutes. 



Sect. 2. If any person, without the permission of said corpora- 

 tion, shall take, catch or haul on shore any alewives in said brook, or 

 within one-eighth of a mile in any direction from the mouth of said 

 brook, he shall forfeit and pay, for the use of said corporation, a sum 

 not exceeding two dollars for an}' quantity less than one barrel so 

 taken, and the sum of five dollars for ever}' barrel so taken, to be 

 recovered in an}' court of competent jurisdiction. 



Sect. 3. If an}- damage shall be done by said corporation to the 

 property of any person not a member of said corporation, such person 

 shall be entitled to damages, to be estimated in the same manner as 

 damages occasioned by the laying out of highways. 



Sect. 4. All persons who are or shall hereafter be owners of 

 land adjoining said ponds or brooks, may become members of said 

 corporation, subject, however, to |)ay their proportional part of the 

 expenses which shall have been incurred by said corporation before 

 the time of their admission as members. — [April 13, 1838. 



1839. 



An Act to incorporate the Tr.ap's Creek Fishing Company in Edgartown. 



1839, 83. Be it enacted, etc., as follows: Sect. 1. John Coffin, 

 Nicholas Norton, Chase Pease, their associates and successors, are 

 hereby made a corporation by the name of the Trap's Creek Fishing 

 Company, in Edgartown, in the county of Dukes County, and are 

 empowered to alter the present outlet of Trap's Pond, so called, for 

 the purpose of flowing the meadows in the winter season, and for a 

 herring fishery therein, and to regulate the satae ; and for this purpose 

 shall have all the powers and privileges, and be subject to all the 

 duties, restrictions and liabilities set forth in the forty-fourth chapter 

 of the Revised Statutes. 



Sect. 2. If any person, without the permission of said corpora- 

 tion, shall take, catch or haul on shore any herring in said pond or 

 creek, he shall forfeit and pay, for the use of said corporation, a sum 

 not exceeding three dollars, if the quantity so taken be less than one 

 barrel; but if the quantity be more than one barrel, the person so 

 offending shall forfeit and pay for each barrel of fish so taken the sum 

 of five dollars, to be recovered in any court proper to try the same. 



Sect. 3. Nothing herein contained shall authorize the said com- 

 pany to take or use the private property of any person without his 

 consent. 



Sect. 4. All persons who now are, or may hereafter be, owners of 

 land adjoining said Trap's Pond and Creek, may become members of 

 said corporation, subject, however, to pay their proportional part of 



