INLAND FISHERIES. 195 



1829. 



[Sp. Laws, vol. 1, p. 191] 

 Ax Act in addition to the Acts to prevent tlie nestinction, provide a Passage and regu- 

 late tbe Taking of Alewives and otlier Fish in Ipswich River. 



1829, -iO. Sect. 1. Be it enacted, That instead of the passage- 

 waj's now required by law for the fish to pass Warner's Dam and Far- 

 le}'s Dam in Ipswich, the owners of the said dams, their successors 

 and assigns, shall make and keep in good o-epair, a fish-wa\' at the 

 northerl}' end of each of said dams, of the following dimensions and 

 description : tbe said fisli-waj's shall be constructed of solid stone 

 work, and shall form an" inclined plane running down stream twent}' 

 feel, and shall be five feet wide at the bottom of the same ; at the top 

 of said ways there shall be an opening in the said dams of six feet in 

 width, and not less than eight inches in depth below the top of the 

 cap-piece of each of said dams, and the top of the said ways shall be 

 on a level with the bottom of the said opening in said dams, and there 

 shall be a curb of not less than eighteen inches in height on eacli side 

 of the said ways, at the termination of which a channel shall be made 

 of at least one foot in depth and five feet in width communicating with 

 the channel of the river, and the said ways shall be kept open and in 

 good repair at all times from the teffth day of April to the first day of 

 June in each year. 



Sect. 2. Be it further enacted. That each and ever}- person who 

 shall, from and after the tenth day of April to the first da}' of June, 

 annually, take an}' of the fish called shad or alewives, in said river or 

 in any part of the streams running into the same except on Monday 

 and Wednesday of each week during said term, shall forfeit and pay 

 for every such ofl^ence the sura of five dollars, to be recovered by 

 action of debt in any court proper to try the same, to the sole use of 

 him who lua}- sue for said forfeiture. 



Sect. 3. Be it farther enacted, That so long as the owners of the 

 said dams, their successors and assigns, shall keep open the said 

 courses or passage-ways and in good repair, in manner as aforesaid, 

 the}' shall not be subject to the penalties or restrictions provided in 

 the first section of an act passed March twenty-eighth, one thousand 

 seven hundred and eighty-eight, entitled "An Act to prevent the 

 destruction of alewives and other fish in Ipswich River, and to encour- 

 age the increase of the same." This act to be in force from and after 

 the first day of July next.— [February 10, 1830. 



