INLAND FISHERIES. 297 



of Marion or in the streams running into said liarbor, within a line 

 drawn from Charles Neck Point, on the westerly- side of said harbor, 

 to Great Neck Point, on the easterly side of said harbor, without the 

 permission of the selectmen of Marion. 



Sect. 2. Any person violating this act shall, on conviction, pay 

 a fine of not less than twenty nor more than fifty dollars, to be re- 

 covered before any court competent to try the same, for the use of 

 said town. 



Sect. 3. This act shall take effect upon its passage. — [May 13, 

 1864. 



1865. 



[Sp.Laws, vol. 1, p. 269; 1814,128; 1848,116; 1852,66; 1853,350; 1856,83.] 

 An Act relating to the Alewive Fishery in Barker's River. 



186.5,47. Be it enacted, etc., as follows: Sect. 1. The select- 

 men or any committee for the time being, of the town of Pembroke, 

 having in charge the regulation of the alewive fishery in Barker's 

 River in said town, may, at their discretion, close the passage-ways 

 above the weir upon said river for the passage of alewives to the 

 Indian Ponds, so called, in Pembroke, and may take any other meas- 

 ures which the}^ may deem necessary and which are not prejudicial 

 to the rights of mill-owners, to obstruct and effectually prevent the 

 passage of alewives above said weir : provided, that said selectmen 

 or committee shall from the first running of alewives after the tenth 

 day of April in each year, take and deposit, alive and in good con- 

 dition, in said Indian Ponds, not less than two thousand alewives, so 

 they ma}' cast their spawn in said ponds. 



Sect. 2. Alewives coming to said river after the number of two 

 thousand shall have been deposited in said ponds as herein before 

 required, may be taken on any secular day of the week and at any 

 hour of the day, and disposed of under the direction of said selectmen 

 or committee in the manner now provided by law. 



Sect. 3. The mill-owners upon said weirs shall not be liable to 

 any of the penalties now provided by law for not opening a passage- 

 way for alewives around or through their respective dams while said 

 passage-ways are closed by order as aforesaid ; and nothing in this 

 act shall be so construed as to abridge or impair the rights which any 

 officers of said town now have by law to regulate the flow of water 

 in said river. 



Sect. 4. All acts and parts of acts inconsistent with this act are 

 hereby repealed. — [February 27, 1865. 



