274 LAWS RELATING TO 



upon the tide-waters of this Commonwealth, are hereby empowered 

 to authorize, in writing, any person to construct fish-weirs in said 

 waters, within the limits of such city or town, for a term not exceed- 

 ing five 3'ears : provided, said weirs shall cause no obstruction to 

 navigation nor encroach on the rights of others. 



Sect. 2. If any person shall wilfullj' injure or destroy said weirs, 

 or any part thereof, or shall, without leave of the owhers thereof, take 

 from the same an}' fish found therein, he shall, upon conviction, forfeit 

 and pay to the use of the owners of said weirs, a sum not exceeding 

 twenty dollars, to be recovered in an}' court of competent jurisdiction, 

 and shall, moreover, be liable to the parties injured for all damages, 

 in a civil suit. 



Sect. 3. This act shall take effect from and after its passage. — 



[March 15, 1856. 



[P. S., 91, ^ 70.] 



[Sp. Laws, vol. 1, p. 269.] 



An Act relating to Fish-ways at the several Dams on Barker's River, so called, in the 



Town of Pembroke. 



1856,83. Be it enacted, etc., as folloics: Sect. 1. The owners 

 or occupants of the several mill-dams erected across Barker's River 

 may construct, in the manner prescribed by the fish-committee of the 

 town of Pembroke for the time being, good and sufficient passage-wa3'3 

 for the fish called alewives to pass said dams up said river to the 

 Indian Ponds, so called, in the towns of Pembroke and Hanson ; 

 and the owners or occupants of said dams shall cause the same to be 

 built and kept in repair at their own expense, and the same shall be 

 kept open from the tenth da}' of April to the fifteenth day of May, 

 inclusive, in each year. 



Sect. 2. In case the owners or occupants of said dams shall 

 neglect or refuse to comply with the foregoing requisition, then said 

 owners or occupants shall take up the waste-ways of said mills, 

 agreeable to an act entitled "An Act to equalize and protect the fish~- 

 ery on the North River, so called, in the county of Plymouth," passed 

 the nineteenth of May, one thousand eight hundred and fifty-three. 



Sect. 3. The fish-committee of the town of Pembroke, for the 

 time being, shall have full power to regulate and control the flow of 

 water in Barker's River and Indian Ponds, so long as they may deem 

 it necessary for the preservation of said alewive fish in their passage 

 to and from said Indian Ponds. 



Sect. 4. All acts and parts of acts inconsistent with this act, 

 are hereby repealed. 



Sect. 5. This act shall take eftect from and after its passage. — 



[April 3, 1856. 



[1865, 47.] 



