INLAND FISHERIES. 193 



and Brighton, without license from the fish-wardens of Charles River 

 (except the taking them wiih hooii and line as aforesaid), every per- 

 son so oflending shall forfeit and pay for every fish killed, taken or 

 destroyed the sura of thirty cents. 



Sect. 6. Be it further enacted^ That all fines and forfeitures which 

 may be incurred by any breach of this act, shall enure and be to the 

 use of the respective towns of Watertown and Brighton, in the pro- 

 portions herein before stated ; that is to say, seven tenth parts thereof 

 to the use of the town of Brighton, and shall and may be recovered 

 on complaint before any justice of the peace, where the penalt}' does 

 not exceed twenty dollars, or b}' indictment before the supreme judi- 

 <?ial court or court of common pleas, or the same may be recovered b\' 

 action of the case before any court proper to try the same, in a suit 

 in the name of the Bsh-wardens of Charles River, for the uses afore- 

 said ; and the death of any warden shall not be deemed an abate- 

 ment of any suit or process, but the same ma}' proceed to final 

 judgment and execution in the name of said wardens. 



Sect. 7. Be it further enacted. That all acts and parts of acts 

 inconsistent with, or contravening any of the provisions of this act, 

 be and the same are hereby repealed : provided, however, that the pro- 

 visions of this act shall be always subject to the revision, control, 

 amendment or repeal of the legislature. — [February 21, 1827. 



An Act to prevent the Taking of Fith by seines or net in Congamon Ponds in South- 



' wick. 



1826, 85. Sect. 1. Be it enacted, That from and after the passing 

 of this act, it shall not be lawful for any person or persons to catch 

 iin}' fish with seines or nets, in the Congamon Ponds in Southwick, 

 and if an}' person or persons shall catch an}' fish with a seine or net 

 in the ponds aforesaid, he or they shall forfeit a sum not less than 

 five dollars nor more than twenty dollars for each and every such 

 otfence, to be recovered by an action of debt to the use of him or them 

 who shall sue for the same. — [February 23, 1827. 



[1813, 147.] 

 Ax Act to regulate the Fisherj' in Aggawam or Westlield River. 



1826, 100. Sect. 1. Be it enacted. That from and after the pass- 

 ing of this act, any person or persons who shall draw a seine or drag 

 a net within thirty rods of the dam or race-way at White's Mills (so 

 ■called), on Aggawam River, in the town of West Springfield, for the 

 purpose of catching sha.l, alewives or other fish, shall for each and 

 every such offence, forfeit and pay the sum of five dollars, and shall 

 also forfeit the boat and seine employed for such purpose. 



Sect. 2. Be it further enacted. That if any person or persons shall 

 set any pot, nets, weir or hurdle, within thirty rods of said dam or 



