INLAND FISHERIES. 281 



ccssors, are hereby made a corporation by the name of the Caleb's 

 Pond Company, in Edgartown, Dukes count}', for the purpose of 

 creating a herring and perch fishery ; and they are empowered to close 

 the present outlet of said pond and make a new one through the land 

 of the company. The profits of the fishery so created shall belong to 

 tbe compau}' ; but all persons may take fish with hook and line or 

 spear eels from said pond. And for this purpose the company shall 

 have all the powers and privileges and be subject to all the duties, 

 restrictions and liabilities set forth in the forty-fourth chapter of the 

 EeA-ised Statutes. 



Sect. 2. If anj- person, without permission of the company, shall 

 take an}' fish from said pond, except as provided in this act, he shall be 

 subject to a fine not exceeding fifty dollars, to be sued for in any court 

 competent to try the same, and said fine shall belong to the company. 



Sect. 3. All persons who now are owners of land adjoining said 

 pond or outlet, may become members of said corporation, provided 

 they shall signify to the company their intention to become members 

 within sixty days from the organization of the company ; and the 

 company shall give public notice of their organization by publishing 

 the same at least sixty days in the " Vineyard Gazette." 



Sect. 4. The present owners of the land adjoining the said pond 

 or outlet who shall determine to become members of the corporation 

 shall each be entitled to one share and no more. 



Sect. 5. In making or closing any outlet of said pond, the com- 

 pan}' shall not infringe upon the rights of any person or corporation. 

 — [May 19, 1857. 



1858. 



An Act regulating the Seining of Menhaden in the Rivers of the Commonwealth. 



1858,52. Be it enacted, etc. ^ as folloivs : Sect. 1. The mayor and 

 aldermen of any city or the selectmen of an}' town situated upon or ad- 

 jacent to any river in which the seining of fish is now or may hereafter 

 by law be prohibited, may, upon the petition of twelve or more legal 

 voters, and after due notice and hearing thereon, grant permission to 

 such persons, upon such condition and with such restrictions as they 

 may see fit, to seine menhaden therein, if, in their judgment the same 

 is consistent with the public good : provided, hoioever, that in all 

 cases where two or more cities or towns are situated upon said waters 

 and interested in said fishery, no action shall be had except upou 

 petition to each of them, and by their concurrent vote. 



Sect. 2. If any person so licensed shall exceed in any manner 

 the terms of said permission or violate any of the conditions thereof, 

 he shall be subject to the same penalties as would attach to seiniug 

 without such license. 



