254 LAWS RELATING TO 



less than one hundred pounds, and five dollars for every hundred 

 pounds so taken, to be recovered in an}' court proper to try the 

 same. 



Sect. 3. If any damage shall be done by said Nickersons in the 

 construction of said wear to the property of any person, such person 

 shall be entitled to damage, to be estimated in the same manner as 

 damages occasioned by laying out of highways. — [April 27, 1852, 



[1818, 13.] 



An Act for the Regulation and Protection of the Alewive Fishery in the Towns of 



Cohasset and Scitnate. 



1852, 151. Be it enacted, etc., as folloivs: Sect. 1. The select- 

 men of the towns of Scituate and Cohasset, and their successors, sliall 

 be a committee for the purpose of protecting, regulating and improv- 

 ing the alewive fisher}- in the stream running from Scituate Pond into 

 Cohasset Harbor, on or near the boundary line between the towns of 

 Scituate and Cohasset, and shall have full powers for these purposes ; 

 they shall annual]}- dispose of said fishery for the term of one year, 

 and no longer, after proper notice, at public sale ; they may make 

 improvements in and remove obstructions from said stream for the 

 purposes aforesaid. The expense of such improvements and remov- 

 als shall, with the exceptions of sluice-ways in dams, as hereinafter 

 provided, be borne equally by the towns of Scituate and Cohasset ; 

 and said towns are hereby empowered to raise money for this purpose. 

 The proceeds of said fishery shall be equally divided between the two 

 towns. 



Sect. 2. The acts of a majority of said committee shall be valid : 

 provided, reasonable notice of all meetings shall be given to every 

 member of the same ; and provided, that at least one member from 

 each town shall be present. 



Sect. 3. All persons excepting those purchasing the right from 

 said committee as aforesaid, or employed by such purchasers, who 

 shall take any of said fish from said stream, in any part of it, from 

 Doane's Mill, so called, upward, shall forfeit the sum of ten dollars 

 for every offence to the use of said purchasers, who may recover the 

 same by an action at law. 



Sect. 4. The owner or occupier of every dam on said stream shall 

 annually, between the first day of March and the first day of June 

 next following, for such term of time and in such manner as said 

 committee shall direct, open a sufficient passage for said fish through 

 said dam ; and on failure to open such passage, or of continuing it 

 open as aforesaid, shall forfeit and pay the sum of one hundred dollars ; 

 and said committee may open said passage when neglected as afore- 

 said, at the expense of the owner or occupier thereof: provided, that 



