240 LAWS RELATING TO 



usually pass ; and for these purposes, shall have all thci powers and 

 privileges and be subject to all the duties, restrictions and liabilities, 

 set forth in the fort3--fonrth chapter of the Revised Statutes. 



Sect. 2. If any person, without the permission of the corporation, 

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

 or outlet which may be made tlierefrom, he shall forfeit and pay for 

 the use of said corporation a sum not excetding 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 i^a^' 

 for each barrel of herring so taken, the sum of five dollars, to be 

 recovered in anj- court proper to try the same. 



Sect, 3. Nothing herein contained shall deprive any inhabitant of 

 the town of Edgartown of the privilege of taking any fish other than 

 herring from said creek, pond or outlet. 



Sect. 4. If any person, not a proprietor of this corporation, shall 

 receive damage b}' the flowing of his meadows or in closing the 

 present outlet, the county commissioners of Dukes Count}-, after a 

 hearing of all parties interested, shall estimate the amount of damages 

 which such person may have sustained by said corpoiation, which 

 damages, if any, said corporation shall pa}' ; and either party, if dis- 

 satisfied with any estimate made by said commissioners, may apply 

 for a jury to assess the damages, either at the same meeting at which 

 such estimate shall be completed and returned or at the next regular 

 meeting of said county commissioners ; and the like proceedings shall 

 be had thereon as are provided for the recovery of damages for laying 

 out highways. 



Sect. 5. All persons who now are owners of land adjoining said 

 pond or creek, or outlet to be made therefrom, may become members 

 of said corporation at any time previous to the commencing by said 

 corporation, to close said outlet. 



Sect. 6. The present owners of land adjoining said pond or creek 

 or outlet, shall have each one share only in said fishery ; and no one 

 of them shall, by conveyance or descent of his lands, create or cause 

 to be created, an additional number of shares: provided, hoivtver, 

 that each of the present owners or his successor or successors, may 

 divide his original share into parts or fractions. — [April 25, 1848. 



[1851, 126; 1856,4.5.] 



[1823, 97.] 

 Ax Act concerning the Alewive Fishery in Saugus River. 



1848, 187. Be it enacted, etc., as fulloivs : Sect. 1. The towns 

 of Lynn, Saugus and South Reading may, together or separately, 

 enforce the laws which regulate the alewive fishery in the Saugus 

 River and its tributary streams, in their several towns. 



