INLAND FISHERIES. 137 



dollars nor less than two dollars, at the discretion of the justice 

 before whom the same shall be tried. 



Sect. 4. Be it further enacted, That the penalties incurred b}- any 

 breach of this act, shall be recovered by an action on the case, before 

 any justice of the peace within said count}' of Middlesex, allowing an 

 appeal to the circuit court of common pleas of said count}' ; and all 

 sums of money recovered as forfeited b}^ this act, shall be for the 

 support of the poor of said town ; and no person, by reason of iiis 

 being one of the fish-co'mmittee aforesaid, or an inhabitant of the 

 said town, shall be thereb}' disqualified from being a witness in an}' 

 prosecution for a breach of this act. — [February 22, 1812. 



[1820,67.] 



[Sp. Laws, vol. 2, p. 285.] 



Ax Act in addition to an Act entitled " An Act to regulate the taking of the Fish called 

 Alewives in Manatiquot River, in the town of Braintree." 



1812, 154. Whereas by an act passed on the first day of March, 

 one thousand seven hundred and ninety-nine, the town of Braintree 

 were authorized to farm out and dispose of the fish called alewives, 

 and as it appears by representation from said town, that other fish 

 have and do run in the river in said town, which proves injurious to 

 the alewive fish : 



Sect. 1. Be it enacted. That the taking of all fish which do and 

 may run from the salt water in the aforesaid river in the town of 

 Braintree, excepting eels, smelts, and torn-cod, shall be forever here- 

 after subject to the same restrictions as the taking of alewive fish is 

 by the act entitled " An Act to regulate the taking of the fish called 

 alewives, in the Manatiquot River, in the town of Braintree." 



Sect. 2. Be it further enacted, That the selectmen of the town of 

 Braintree, for the time being, shall be the committee to farm out and 

 dispose of the aforesaid fish, agreeably to their best judgment : pro- 

 vided, nevertheless, that the fish called alewives shall be disposed of 

 agreeably to the act to which this is in addition, anything in the act to 

 which this is in addition to the contrary notwithstanding. — [Febru- 

 ary 28, 1812. 



[1817, 151.] 



1813. 



[Sp. Laws, vol. 1, p. 166.] 

 An Act in addition to an Act entitled " An Act to prevent the destruction and to regu- 

 late the catching of the Fish called Alewives, in their passage up the Rivers and 

 Streams in the Town of Harwich in the County of Barnstaljle." 



1813, 57. Sect. 1. Be it enacted. That the inhabitants of the 

 town of Harwich be and they are hereby authorized and empowered, 

 by their committee, annually chosen in the month of March or April, 

 to dispose of the fish called alewives, as they may think proper. 



