INLAND FISHERIES. 271 



city upon said river, at any meeting, sliall choose, by ballot, each, 

 three or more persons for fish-wardens, whose dut}^ it shall be to see 

 that this act is enforced, and prosecute for all breaches or violations 

 thereof; and each fish-warden so chosen shall be sworn to the faithful 

 discharge of his duty by the clerk of any city or town in which he 

 may be chosen, within ten da^'S after his election ; and said clerk 

 shall make record thereof; and such fish-wardens when duly sworn 

 are authorized to measure seines and locations, and to pursue the 

 duties of their office in any place, and to enter any building where 

 the}' have good cause to believe any fish taken in violation of the pro- 

 visions of this act are kept. And if any person chosen fish-warden 

 as aforesaid, shall neglect, for the space of ten days after his elec- 

 tion, being notified thereof, to take the oath aforesaid, he shall forfeit 

 and pa\^ to the use of the town or cit}' in which he was so elected or 

 chosen, a fine of ten dollars, to be recovered in an action of tort, in 

 the name of the treasurer of such town or city, and the town or cit}^ 

 shall proceed to fill the vacancy created by such refusal to be qualified 

 as aforesaid ; and if any of said towns or cit}' shall neglect to choose 

 fish-wardens as aforesaid, or to make sale of their privileges as afore- 

 said, such town or cit}^ shall forfeit and pa}' a fine of one hundred 

 dollars, to be recovered in an action of tort, to the use of any person 

 who shall sue for the same. 



Sect, 10. The proprietors of the mills and dam at King's Bridge 

 in Squawbetty Village, and all other proprietors of dams on said 

 rivers, shall keep open a good and sufficient way for the passage of 

 fish that usually go up said Taunton Great River in their usual and 

 proper season during the time named in the first section of this act : 

 provided, such fish way need not be kept open in the spring of the 

 year before such proprietors or some one of them, or their agent or 

 agents, shall have been notified to open them by some fish-warden. 

 And the proprietors of any dam on said rivers who shall not comply 

 with the provisions of this section, shall forfeit and pay the sum of 

 twenty dollars for each and every day during which the}' shall wilfully 

 neglect to comply therewith, to be recovered in an action of tort, to 

 the use of any fish-warden who shall sue for the same, in any court of 

 competent jurisdiction. 



Sect. 11. Any person who shall violate any of the provisions of 

 this act, or shall take any shad or alewives in the waters aforesaid, at 

 any time or in any manner contrary to the provisions of this act, shall 

 forfeit and pay a sum not less than five nor more than fifty dollars, to 

 be recovered in an action of tort, in any court having jurisdiction of 

 either of the parties to such action, to the use of the person who 

 shall sue for the same ; or shall, upon complaint made before any jus- 

 tice of the peace having jurisdiction of the offence and conviction 



