INLAND FISHERIES. 255 



no more damage is thereby done said owner or occupier than is neces- 

 sary to effect said purpose. 



Sect. 5. Any member of said committee may be a witness in an}' 

 legal proceeding touching said fishery. 



Sect. G. The said committee shall regulate the times, places and 

 manner of taking said fish : provided, that no fish shall be taken on 

 more than four days of an}' one week ; and the said purchasers shall 

 conform to such regulations, on penalty of not less than twentj' nor 

 more than one hundred dollars for each offence. 



Sect. 7. The said committee shall receive out of the proceeds of 

 said fishery one dollar and twenty-five cents each for every clay's 

 actual service in performing the duties herein required of them. 



Sect. 8. All fines and forfeitures named in this act, and not 

 otherwise appropriated, shall be equally divided between the towns 

 of Scituute and Cohasset, and they may join in a suit for the same. 



Sect. 9. This act shall take effect from and after its passage. — 

 [April 27, 1852. 



1853. 



An Act to incorporate the Magonsett Fishing Company. 



1853, 53. Be it enacted, etc., as follows: Sect. 1. Charles S. 

 Nye, James Witherell and Charles O. Nj-e, citizens of North Fal- 

 mouth, their associates and successors, are hereby made a corporation 

 by the name of the Magonsett Fishing Company, and are empowered 

 to regulate the brook running from Dam Pond, so called, to Wild 

 Harbor, in said Falmouth, so far as is necessar}' for the purpose of 

 an alewive fisher}- ; and for this purpose shall have all the powers 

 and privileges, and be subject to all the duties, restrictions and lia- 

 bilities set forth in the forty-fourth chapter of the Revised Statutes. 



Sect. 2. If any person, without the permission of the corporation, 

 shall take, catch or haul on shore any alewives in said brook, or within 

 one-eighth of a mile in any direction from the mouth of said brook, he 

 shall forfeit and pay for the use of said corporation, a sum not 

 exceeding two dollars, if the quantity so taken be less than one barrel ; 

 but if the quantity so taken be more than one barrel, the person so 

 offending shall forfeit and pay for each barrel of fish so taken five 

 dollars, to be recovered in any court proper to try the same. 



Sect. 3. If any damage shall be done by said corporation to the 

 property of any individual, not a member of the corporation, such 

 individual shall be entitled to reasonable damage, to be estimated in 

 the same manner as damages occasioned by the laying out of high- 

 ways. 



Spxt. 4. This act shall take eflTect from and after its passage. — 

 [March 17, 1853. 



