INLAND FISHERIES. 367 



Sect. 34. Whoever takes any fish within two hundred yards of 

 an}' fishwa}' on the Connecticut River or its tributaries, or trespasses 

 within the limits of such fishway, shall forfeit fifty dollars for each 

 offence. And whoever takes any fish beyond two hundred and within 

 four hundred 3'ards of an}- such fishwa}-, in any other manner than by 

 artificial!}' or naturall}' baited hook and line, shall forfeit twent3'-flve 

 dollars for each fish so taken. 



Sect, 35. Whoever takes any fish within four hundred yards of 

 any fishway on the Merrimack River, or trespasses within the limits 

 of such fishwa}', shall forfeit fifty dollars for each offence. 



Sect. 36. Whoever from the first day of June to the last day of 

 February inclusive uses a net of any description in the waters of the 

 Merrimack River or any tributary thereof shall forfeit twenty-five 

 dollars for each offence. isss, si. 



Sect. 37. Whoever uses a gill-net of any description in the waters 

 of the Connecticut or Merrimack River or an}' tributary thereof shall 

 forfeit twenty-five dollars for each offence. i874, U4, §4. 



Sect. 38. Whoever takes any fish in violation of section thirty- 

 three, thirty-four, or thirty-seven, shall, in addition to the penalties 

 therein prescribed, forfeit any boat and apparatus used. 



Sect. 39. Whoever uses in the Connecticut, Westfield, Deerfield, 

 Miller's, Merrimack, Nashua, or Housatonic River, or any tributary 

 thereof, a sweep-seine having a mesh which stretches less than five 

 inches, shall forfeit twenty-five dollars for the first offence, and fifty 

 dollars for every subsequent offence ; and in addition shall forfeit all 

 fish taken and apparatus used. 



Sect. 40. Whoever between the fifteenth day of March and the 

 first day of July sets or uses, or aids in setting or using, in the Con- 

 necticut River, a pound, weir, or set net the meshes whereof are less 

 than two inches in extent, or at any time between sunset on Satur- 

 day evening and sunrise on Monday morning sets or draws, or aids 

 in setting or drawing, a seine for the purpose of taking fish in said 

 river, and any person owning or controlling in whole or in part a 

 pound, weir, or set net of any description, placed in said river, who 

 between sunset and sunrise as aforesaid fails to keep the same open 

 and free for the passage of fish, in such manner as to satisfy the com- 

 missioners of inland fisheries, shall forfeit to the treasurer of the 

 commonwealth four hundred dollars for each offence ; and, in addi- 

 tion, such pounds, weirs, and set nets shall be forfeited. 



Sect. 41. Whoever uses a sweep-seine or combination of sweep- 

 seines in such a manner as at any moment to close or seriously ob- 

 struct more than two-thirds of the width of a stream at the place 

 where it is used, or delays or stops in paying out or hauling a 

 sweep-seine, or hauls a sweep-seine within one-half mile of a point 



