INLAND FISHERIES. 249 



1852. 



[1839, 102] 

 An Act to protect the Fisheries in the town of Barnstable and Marshpee District. 



1852, 35. Be it eivicted^ etc., as follows: Sect. 1. No person 

 shall set, draw or stretch an}' seine or drag-net in Osterville Harbor, 

 or Popponessette Ba}-, or an}- of the waters within the limits of the 

 town of Barnstable or Marshpee district on the southerly side, under 

 a penalty of not less than ten dollars nor more than one hundred dol- 

 lars, to be recovered in any court proper to try the same, one half to 

 the use of the said town, and the other half to any person who shall 

 prosecute therefor. 



Sect. 2. This act shall take effect from and after its passage. — 

 [March 15, 1852. 



[1860,46; 1884,264.] 



[Sp. Laws, vol. 2, p. 504; vol. 3, p. 398; 1823, 97; 1848, 187.] 



Aj* Act to prevent the Destruction of Shad and Alewives in the Saugus River, and its 

 Tributary Streams within the City of Lynn. 



1852, 48. Be it enacted, etc., as follows: Sect. 1. The cit}' 

 council of the city of Lynn is hereby empowered and directed in the 

 month of April or May annually, to choose five persons, inhabitants 

 of said city, to see that the laws respecting the passage-ways for shad 

 and alewives be observed ; and each person so chosen shall be sworn 

 to the faithful discharge of his duty. And the said committee or a 

 major part of them are hereby authorized ami empowered to order 

 the times, places and manner in which said fish may be taken in 

 Saugus River and streams in said city : provided, however, that no 

 person shall be allowed to take said fish as aforesaid more than three 

 da\ s in an}- one week ; and provided, also, that the taking of said fish 

 shall n<;t be prohibited more than four days in any one week. And 

 the regulations which shall be so agreed upon by said committee, 

 shall be written and posted in three public places, or published in 

 a newspaper in said city. 



Sect. 2. The said committee or a majority of the members, are 

 hereby authorized and empowered to require of the owner or occupant 

 of any dam or sluice-head of any mill erected, or that may be erected 

 over said river or stream, to open and keep therein a sufficient 

 passage-way for such fish, at such time, between the first day of 

 April and the twentieth day of June annually, as the said commiUee 

 or a major part of them shall think necessary ; and may also require 

 of the owner or occupant of any canal or course, whereby any natural 

 stream is or shall be in. part changed or altered, to leave sufficient 

 water in the natural stream for the easy and safe passage of said fish ; 

 and upon neglect or refusal of such owner or occupant of any dam, 



