244 LAWS RELATING TO 



An Act authorizing the erection of a Fish Weir in the Town of Eastham. 



1849, 64. Be it enacted^ etc.^ as follows: Sect. 1. Joshua Hig- 

 gins, junior, Scotto Cobb and their associates, of Eastham, in the 

 count}^ of Barnstable, are hereby authorized to erect and maintain in 

 said town, a weir for taking fish, on their land at or near a place 

 called Cook's Brook, on the ba}- side of said town, extending from 

 the upland to low-water mark : provided, that the said weir shall not 

 be so constructed or maintained as to obstruct the navigation at said 

 place. 



Sect. 2. If any person shall wilfully injure or destroy said weir, or 

 any part thereof, or shall, without leave of the owners thereof, take 

 from the same any fish found therein, he shall, upon conviction, for- 

 feit and pay to the use of the owners of said weir a sum not exceed- 

 ing twenty dollars, to be recovered in any court of competent juris- 

 diction, and shall, moreover, be liable to the parties injured for all 

 damages, in a civil suit. — [March 29, 1849. 



[1821,97; 1849, 219.] 

 An Act to prevent the Seining of Fish in the Harbors of New Bedford and Fairhaven. 

 1849, 128. Be it enacted, etc., as folloivs : Sect. 1. No person 

 shall set, draw or use any seine or net in the harbors of New Bedford 

 and Fairhaven or the waters falling into said harbors north of a line 

 drawn due east from the almshouse in New Bedford to Fairhaven, for 

 the purpose of taking any description of fish other than menhaden, 

 and any person offending against the provisions of this act, shall for- 

 feit and pay the sum of twenty dollars for each offence, to be recov- 

 ered by complaint before the justice of the police court in New Bed- 

 ford, or any justice of the peace, to the use of the complainant. — 



[April 20, 1849. 



^ [1854, 293.] 



[1821,97; 1849,128.] 



An Act in addition to an Act entitled " An Act to prevent the Seining of Fish in the 



Harbors of New Bedford and Fairhaven." 



1849, 219. Be it enacted, etc., as folloivs: Sect. 1. Nothing con- 

 tained in the act entitled " An Act to prevent the seining of fish in 

 the harbors of New Bedford and Fairhaven," passed the twentieth day 

 of April in the year one thousand eight hundred and forty-nine, shall 

 be construed to appl}' to the herring fisheries in Acushnet River, from 

 Island Marsh, so called, in said river, northwardly, to the head waters 

 thereof.— [May 2, 1849. 



[1854,293.] 



