224 LAWS RELATING TO 



in a week ; and the}' shall appoint some suitable person or persons to 

 take the same, and fix the compensation to be paid therefor, if 

 thought proper bj said selectmen. 



Sect. 2. The owners or occupants of dams across said river shall, 

 annual)}', during such time, not exceeding sixt}' da3's in each year, as 

 shall be prescribed by the selectmen of said town, or the major part 

 of them, for the time being, keep constantly open, and maintain 

 through, over or around their respective dams, a passage sufficient 

 and proper for the passing of said fish, to the satisfaction of said 

 selectmen, under a penalt}' not less than -ten nor more than sixt}' dol- 

 lars for each and every twenty-four hours they shall neglect to open 

 a passage-way as aforesaid ; and the said selectmen shall, thirty days 

 at least before the commencement of said period, notify in writing the 

 owners or occupants of said dams of the time when said passage-ways 

 shall be opened, and the manner in which they shall be constructed 

 and regulated : provided, however, that if any owner or occupant shall 

 at any time be dissatisfied with the determination of said selectmen in 

 relation to the construction or regulation of such passage-way or pas- 

 sage-ways, such owner or occupant may, by application in writing to 

 the selectmen of the town of Sandwich, for the time being, in said 

 county of Barnstable, who are hereby constituted a committee for 

 that purpose, cause such passage-way or passage-ways to be fixed, 

 prescribed and regulated, in writing, by said committee ; and such 

 passage-way or passage-ways shall thereafter be, by the owners or 

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

 depth, and in all other respects pursuant to said written determina- 

 tion 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 

 Barnstable, as said committee shall adjudge. 



Si-:CT. 3. The said selectmen of the town of Barnstable 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, 

 €xcept 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 tres- 

 passers ; 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 per 

 son 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 off'ence not exceeding twenty nor less than ten dollars. 



Skct. 4. If any person or i)ersons shall take any of the fish afore- 



