204 LAAVS RELATING TO 



determination of said selectmen in relation to the construction or regu- 

 lation of such passage-way or passage-ways, such owner or occupant 

 may, by application in writing to the selectmen of the town of Bai'ns- 

 table for the time being, in said county of Barnstable, who are hereby' 

 constituted a committee for that ()urpose, cause such passage-wa\' or 

 passage- wa3'S to be fixed, prescribed and regulated in writing by said 

 committee ; and such passage-waj' or passage-ways shall be, by the 

 owners or occupants of said dam or dams, kept open and regulated in 

 wid,th and depth, and in all other respects pursuant to said written 

 determination of said committee, under the same penalty as is herein 

 before provided ; and the expense of said committee shall be paid by 

 the owners or occupants of said dam or dams, or by the said town of 

 Sandwich, as said committee shall adjudge. 



Sect. 3. Be it further enacted, That the said selectmen of the town 

 of Sandwich shall have full power and authority to cause the natural 

 course of the stream through which said fish pass to be kept open and 

 free of obstructions, except the dams aforesaid, and to remove all such 

 obstructions, except as aforesaid ; and for that purpose as well as for 

 the other purposes of this act, shall have authority to go upon the land 

 or meadow of any person through which said stream runs, without 

 being deemed trespassers ; and if any person or persons shall molest 

 the said selectmen, or either of them, in the execution of his or their 

 duties under this act, or shall obstruct the passage of said fish, except 

 as aforesaid, the person or persons so offending shall, on conviction 

 thereof, before any justice of the peace in the county of Barnstable, 

 pay a fine for every such offence, not exceeding twenty nor less than 

 ten dollars. 



Sect. 4. Be it further enacted, That if any person or persons shall 

 take an}' of the fish aforesaid in said river, or in the ponds in which 

 said fish cast their spawn, at any time, or in any place or manner other 

 than shall be allowed by said selectmen as aforesaid, each person so 

 offending shall for each and ever}' ofl!ence, on conviction thereof, pay 

 a fine not exceeeding twenty dollars nor less than one dollar. 



Sect. 5. Be it further enacted, That from and after the passing of 

 this act, the inhabitants of said town at their annual March meeting, 

 shall determine the quantity of said fish that each family in said town 

 shall receive, and establish the price they shall pay therefor. 



Sect. 6. Be it further enacted, That all persons not otherwise dis- 

 qualified, shall be taken to be competent and legal witnesses in an}^ 

 prosecution upon this act, they being inhabitants of said town of Sand- 

 wich notwithstanding. 



Sect. 7. Be it further enacted. That all the forfeitures incurred by 

 virtue of this act shall be two-thirds to the nse of the said town of 

 Sandwich, and one-third to the person or persons giving information^ 



