194 LAWS RELATING TO 



race-way, for the purpose of taking fish of an}' kind, he or they shall 

 for each and every such offence severally forfeit and pay the sum of 

 five dollars for every twelve hours said pots, nets, weir or hurdle shall 

 be placed in said river, and in proportion for a greater or less time. 



Sect. 3. Be it further enacted. That if any person or persons shall 

 in an}' other way obstruct the free passage of fish through said race- 

 way, between the fifteenth day of April and the first day of June, he 

 shall forfeit and pay for every such offence the sura of five dollars. 



Sect. 4. Be it further enacted. That all the fines and forfeitures 

 incurred by a breach of this act, may be recovered in an action ot 

 debt by any person who shall sue for the same before any justice of 

 the peace within the county of Hampden. 



Sect. 5. Be it farther enacted. That all laws heretofore made reg- 

 ulating the fishery at White's Mills, on Aggawam River, be and the 

 same are hereby repealed. — [March 3, 1827. 



[1839, 19 ] 



1828. 



[1815, 43.] 

 An Act further to regulate the Shad and Alewive Fishery in the Town of Maiden. 



1828, 129. Sect. 1. Be it enacted. That from and after the pass- 

 ing of this act it shall and may be lawful for the inhabitants of the 

 town of Maiden in the county of Middlesex, at any legal meeting to 

 be holden for that purpose, in each year, to sell at public auction the 

 right and privilege of taking the fish called shad and alewives within 

 the limits of said town, with one seine or drag-net only, on two of the 

 days only in each week on which it is now lawful to take said fish in 

 said town, antl all monies arising from the sale of said right and priv- 

 ilege shall be paid into the treasury of said town, and be appropriated 

 to the support of the poor thereof. 



Sect. 2. Be it further enacted, That if the purchaser or pui'chasers 

 of the said right and privilege, or those employed by them, shall pre- 

 sume to take any of the said fish with more than one seine or drag- 

 net, on any other than two of the days in each week on which it is 

 lawful to take said fish in said town, and if any other person or per- 

 sons whatever shall at any time take any of the said fish vpith a seine 

 or drag-net withiu the limits of said town, every person so offending 

 shall, for each offence, forfeit and pay a sum not exceeding twenty 

 dollars nor less than ten dollars, to be recovered by an action of debt 

 in any court proper to try the same, one half to the use of said town of 

 Maiden, and the other half to him or them who shall sue for the same : 

 provided, however, that nothing contained in this act shall be so con- 

 strued as to prevent any inhabitant of said town from taking said fish 

 with dip-nets as has been heretofore their custom. — [March 3, 1829. 



