INLAND FISHERIES. 139 



Sect. 2. Be it further enacted^ That if an}^ person or persons shall 

 set any pot, net, wearc or hiirdell within thirty rods of said dam or 

 race-way, for the purpose of catching fish, of any kind, he or they 

 shall, for each and every offence, severally forfeit and pay the sura of 

 five dollars for ever}' twelve hours said pot, net, weare or hurdell shall 

 be placed in the said river, and so in proportion for a greater or less 

 time. 



Sect. 3. Be it further enacted., That any person who shall attempt 

 to catch fish with a scoop-net within the aforesaid distance of the 

 lower side of said dam, or in or near the sluice-way made for the pas- 

 sage of fish through said dam, shall, for each and every offence, for- 

 feit and pay the sum of one dollar. 



Sect. 4. Be it further enacted, That all the fines and forfeitures 

 incurred b}' a breach of this act, may be recovered in an action on the 

 case before any justice of the peace for the county of Hampden. — 

 [F'cbruary 22, 1814. 



[1826, 100 ; 1838, 19 ; 1853, 377 ; 1860, 89.] 



[Sp. Laws, vol. 2, p. 224.] 



An Act to prevent the Destruction of the Fish called Alewives and Shad, in Charles 



River. 



1813, 183. Sect. 1. Be it e7iacted, That from and after the pass- 

 ing of this act, if any person or persons shall place or set any seine 

 or net, or set up, erect or make an}' weares, or place any other incum- 

 brance whatsoever (mill-dams excepted), in or across Charles River, 

 for the straightening, obstructing or stopping the free passing of the 

 fish called shad and alewives, up and down said river, they shall 

 severally forfeit and pay the sum of fift}' dollars for each and every 

 offence ; one half of which shall be to the use of the town or towns 

 within whose limits the offence is committed, and the other half to 

 him or them that shall complain or prosecute therefor, — or any town 

 ma}' prosecute by their fish committee. 



Sect. 2. Be it further enacted. That if any person or persons 

 shall draw any seine or net, to take any of the fish aforesaid within 

 said river, or in any other way take any of said fish, on any other 

 days than Monday, Wednesday and Friday in each week, every per- 

 son so oflTending shall Jbrfeit and pay the sum of twenty dollars for 

 each and every offence, to the use as aforesaid ; and all forfeitures 

 incurred by any breach of this act may be recovered by information, 

 or by action on the case, before any court proper to try the same. 



Sect. 3. Be it further enacted. That all parts of any acts relating 

 to the fishery in said river, inconsistent with this act, be and the same 

 are hereby repealed. — [February 28, 1814. 



[1815,56; 1826,76.] 



