INLAND FISHERIES. 289 



An Act to incorporate the Nine Mile Pond Fishing Company. 



1860,91. Beit enacted, etc.. as follows: Sect. 1. Nelson Scudder, 

 Daniel Scudder, Walter Chipman, Elijah Sears, their associates and 

 successors, are hereby made a coi'poration by the name of the Nine 

 Mile Pond Fishing Company, for the purpose of opening a canal 

 or outlet from Nine Mile Pond in Barnstable, and from Long Pond to 

 tide-water, and maintaining the same ; and for that purpose are 

 empowered to open such canal or outlet, and to continue the same in 

 such manner as to said corporation shall seem fit and proper ; and 

 they shall liave all the powers and privileges and be subject to all the 

 duties, liabilities and restrictions set forth in the forty-fourth chapter 

 of the Revised Statutes and the sixty-eighth chapter of the General 

 Statutes. 



Sect. 2. Any herring fishery which may be created in the canal 

 or outlet or the ponds aforesaid, by opening the same, or which may 

 hereafter exist therein, shall be the property of said corporation ; 

 and if any person, without the permission of said corporation, shall 

 take, catch, kill or haul on shore any herrings in said canal or outlet 

 or in the ponds aforesaid, he shall forfeit and pay, for the upc of 

 said corporation, a sum not less than three dollars, if the quantity s > 

 taken, killed, caught or hauled on shore be less than one barrel ; but 

 if the quantity so taken, killed, caught or hauled on shore shall be 

 more than one barrel, he shall forfeit and pa}- for each barrel of 

 herring so taken, and for each fraction of a barrel, the sum of five 

 dollars, to be recovered by an action of tort in the name of said cor- 

 poration in any court of competent jurisdiction. 



Sect. 3. Nothing herein contained shall authorize the said com- 

 pany to take or use the private property of any person without his 

 consent ; and any proprietor of lands adjoining said canal or outlet 

 may become a member of said corporation if application be made 

 therefor within six months from the time of the organization of said 

 company under this act, by paying a due proportion of all expenses 

 incurred by said corporation before the time of their admission. 



Sect. 4. If any person not a member of said corporation sliall 

 receive damage in his lands or estate in consequence of the opening 

 of said canal or outlet, or in consequence of the draining of said 

 ponds or otherwise, and the parties in interest failing to adjust said 

 damages, the part}' aggrieved ma}' apply to the county commissioners 

 of the county of Barnstable, who are hereb}^ authorized to determine 

 and assess the same ; and either party may appeal from the decision 

 of said commissioners to the superior court of the county of Barn- 

 stable, and have a trial by jury in said court. 



Sect. 5. The said corporation, for the purpose herein set forth, 

 and for maintaining and carrying on the fishery aforesaid, may hold 



