276 LAWS RELATING TO 



or creek, or outlet, shall have each one share only in said fishery ; 

 and no one of them shall, by conveyance or descent of his lands, 

 create or cause to be created an additional number of shares : pro- 

 vided^ however, that each of the present owners, or his successors or 

 assigns, may divide his original share into parts or fractions. 



Sect. 5. The foregoing provisions of this act shall not affect the 

 existing rights of any person or corporation. — [Ma}' 30, 1856. 



[Dissolved 1884, 156.] 



An Act for the protection of the Fisheries on the South Shore and Bays on the South 

 side of the Town of Barnstable and District of Marshpee. 



1856, 214. Be it enacted, etc., as follows : Sect. 1. It shall be 

 unlawful to set or draw any seine or drag-net to take fish in any of 

 the bays, or in waters within one mile from the beach and shore on 

 the south side of the town of Barnstable and district of Marshpee, 

 within the limits between Succanesset Point and Point Gammon, 

 between the first day of April and the first day of November, in 

 each year. 



Sect. 2. The provisions of the sixteenth section of the fiftj'-fifth 

 chapter of the Revised Statutes, concerning the taking of shell-fish 

 in the town of Chatham, shall be, and the same hereby are extended 

 to the south shore of the town of Barnstable and district of Marshpee. 



Sect. 3. Every person violating any provision of this act shall 

 forfeit and pay for each oflTence not less than twenty nor more than 

 one hundred dollars, to be recovered, together with costs of suit, by 

 an action of tort, brought by any inhabitant of said town or district, 

 in an}' court competent to try the same. 



Sect. 4. Any boat, craft or seine being in the possession or use 

 of any person violating the provisions of this act at the time and 

 place of such violation, may be seized by any inhabitant of said town 

 or district, and detained not exceeding forty-eight hours, in order 

 that the same, if need be, may in that time be attached or arrested 

 by due process of law, for the better security of the payment of the 

 said fines and forfeitures with cost : provided, however, that if the 

 person owning, or so in the possession or use of such boat or craft, 

 shall, before being sued therefor, pay said highest named penalty to 

 either the treasurer of the town of Barnstable or of the district of 

 Marshpee, such boat or craft shall be discharged with the contents 

 therein ; and provided, also, that if the person owning or so in the 

 possession or use of such seine, shall, as aforesaid, pay as aforesaid 

 the same lowest named penalty, such seine shall be discharged in like 

 manner. 



Sect. 5. All forfeitures and penalties recovered and received by 

 virtue of this act, 'shall go one half to the complainant and the other 



