INLAND FISHERIES. 227 



seine or net, on anj' da}' or time other than those before expressed, or 

 at any other place other than those selected as aforesaid, or shall on 

 any day, at any place, set any seine or net, wear or other obstruction 

 in or across said river or an}' part thereof, or any waters connected 

 with the same, with the intention to catch or destroy any of the fish 

 called shad or altwives, within the time limited in the first section of 

 this act, or shall at any time or any place, drive with boat or boats in 

 said river, or use an}' other implements whatsoever, with intention to 

 catch or destroy said fish or hinder their passage up said river, or by 

 any means whatsoever shall impede or hinder the passage of said fish 

 up said river, or any part thereof, with intention to drive, hinder, dis- 

 turb or destroy any of the fish called shad or alewives in the waters 

 of said river, or shall whip with poles or any other instrument in the 

 waters of said river, or throw into said river loam or any other thing 

 whatsoever, with the intention to hinder the passage of said fish up 

 said river, he and each and every individual who shall violate this act, 

 or any part thereof, shall each and every one forfeit and pay a sum 

 not less than five dollars nor more than twenty dollars for each and 

 every such off'ence, to be recovered by action of debt, in any court 

 proper to try the same, for the use and benefit of him who shall pros- 

 ecute or sue for the same, or shall be imprisoned in the county jail, or 

 in the house of correction, for a term of time not exceeding sixty 

 days. 



Sect. 5. If any person or persons be found fishing with any seine 

 or net, or with other machine or instrument or instruments, which 

 shall be used by any person or persons in taking or carrying away 

 any of the fish called shad or alewives, contrary to the true intent and 

 meaning of this act, it shall be lawful for any fish-warden or inspector 

 chosen by virtue of this act or the law regulating the fishery in the 

 town of Middleborough, to seize or take such seine or net or fish or 

 implements as before mentioned, and convert and retain the same to 

 their own benefit and use, without any process of law whatever, and 

 if prosecuted therefor, to give this act as evidence of his authority for 

 so doing. 



Sect. 6. The several towns shall, at their annual meeting in the 

 months of March or April, choose by ballot, three or more persons, 

 being freeholders in said town, as fish-wardens, whose duty it shall 

 be, jointly and severally, to see that this act is enforced and prosecute 

 for all breaches thereof, and each fish-warden shall be chosen to the 

 faiihful discharge of his duty, and cause a record to be made of his 

 oath in the town where said fish-warden is chosen, within ten days 

 after his election ; and said fish-warden and inspectors, when sworn, 

 are authorized to measure seines and nets and to pursue and execute 

 the duties of their office in any place where fish may be taken within 



