INLAND FISHERIES. 363 



Sect. o. Such notice shall be given to the proprietors of dams 

 upon the Connecticut and Merrimack Rivers and their tributaries by 

 serving upon them a copy of the order; and a certificate of the com- 

 missioners that such service has been made shall be deemed sufficient 

 proof thereof. 



Sect. 6. Anj- owner of such a dam who refuses or neglects to 

 keep open or maintain a fish way at the times prescribed b}' the com- 

 missioners shall forfeit fifty dollars for each day of such refusal or 

 neglect. 



Sect. 7. When either of the commissioners finds that there is no 

 fishway or an insufficient fishway in or around a dam where the law 

 requires a fishwaj' to be maintained, he may, in his discretion, enter 

 with workmen and materials upon the premises of the person required 

 to maintain a fishway there, and may at such person's expense 

 improve an existing fishwa}', or cause one to be constructed if none 

 exists, and may take, if necessary, the land of any other i)erson not 

 obliged by law to maintain said fishway ; and when a fishway has 

 been constructed in accordance with the provisions of this section, 

 the commissioners shall not require the owner of the dam to alter 

 the same within five years from the completion thereof. 



Sect. 8. The commonwealth shall pa}' all damages occasioned bj' 

 taking land as provided in the preceding section, and such damages 

 shall upon the application of either pai't}' be estimated in the manner 

 provided in relation to land taken for highways ; and said expense 

 shall be a charge against the person required by law to construct 

 and maintain such fishwa}-, to be recovered in an action of contract 

 in the name of the commonwealth, with costs and interest at the rate 

 of twelve per cent, per annum. 



Sect. 9. Each of the commissioners mav, in the discharo;e of his 

 duties, enter upon and pass through or over private property without 

 rendering himself liable in an action for trespass. 



Sect. 10. The riparian proprietors of any pond, the area of which 

 is not more than twenty acres, and the proprietors of any pond or 

 parts of a pond created by artificial fiowing, shall have exclusive con- 

 trol of the fisheries therein existing. 1869, 384, §§ 7, 12. 119 Mass. 300. 



Sect. 11. The fishery of any pond, the area of which is more 

 than twenty acres, shall be public, except as hereinafter provided ; and 

 all persons shall, for the purpose of fishing, be allowed reasonable 

 means of access to the same, without rendering themselves liable to 

 an action for trespass. 



Sect. 12. The commissioners, or any two of them, may, in the 

 name of the commonwealth, lease any great pond, exceeding twenty 

 acres in area, for the purpose of cultivating useful fishes, for such 

 periods of time and on such terms and conditions as mav seem to 



