368 LAWS KELATING TO 



where such seine has been hauled within an hour, shall forfeit twenty- 

 five dollars for the first offence, and fifty dollars for any subsequent 

 offence, and in addition shall forfeit all fish taken and apparatus 

 used ; but this section shall not appl}- to seines used in the smelt 

 fisheries, or to the fisheries for shad or alewives in the Taunton Great 

 River. i884, 199. 



Sect. 42. The mayor and aldermen of cities and the selectmen 

 of towns bordering on the Connecticut or Merrimack River shall 

 appoint and fix the compensation of one or more suitable persons as 

 fish-wardens within their respective cities and towns, who shall, 

 respectively, make complaint of all offences under sections thirty- 

 two, thirty-five, and forty. 



Sect. 43. A city or town whose mayor and aldermen or selectmen 

 neglect to appoint and fix the compensation of one or more such fish- 

 wardens shall forfeit not less than one hundred dollars nor more than 

 five hundred dollars. 



Sect. 44. Whoever puts or throws into any waters for the pur- 

 pose of taking or destroying fish therein any Indian berry or Indian 

 cockle or other poisonous substance, whether the same is mixed with 

 anj' other substance or not, shall forfeit ten dollars for every such 

 offence. 



Sect. 45. Whoever takes a salmon before the second day of April 

 in the year eighteen hundred and eighty-two shall be punished for 

 each offence by fine of not less than fift}^ nor more than two hundred 

 dollars, or by imprisonment in the house of correction for not less 

 than two nor more than six months ; but a person catching a salmon 

 when lawfully fishing, and immediately returning it alive to the 

 waters from which it was taken, shall not be subject to such penalty. 



Sect. 46. Except as provided in the last clause of the preceding 

 section, whoever takes a salmon at any time after the time limited in 

 the preceding section otherwise than with naturally or artificially 

 baited hook and hand-line shall be punished by fine of not less than 

 fifty nor more two hundred dollars for each fish so taken. 



Sect. 47. Whoever at any time after the first day of April in the 

 year eighteen hundred and eighty-two takes a salmon between the 

 first day of August and the first day of May, and whoever at any 

 time buys, sells, or has in his possession a salmon taken in this com- 

 monwealth between the first day of August and the first da^^ of Ma}', 

 shall forfeit for each offence not less than ten nor more than fifty dol- 

 lars ; and whoever at any time buys, sells, or has in his possession a 

 young salmon less than one foot in length shall forfeit five dollars for 

 every such salmon. 



Sect. 48. Wlioever takes any fish which at any season frequent 

 fresh water, except eels and pickerel, and except as otherwise allowed 



