370 LAWS RELATING TO 



and the first day of March, shall forfeit for each shad five dollars, 

 and for each alewife twent^'-five cents. 



Sect. 56. Whoever takes a black bass between the first da}' of 

 December and the first day of July, or at any time except with natu- 

 rally' or artiflciaily baited liook and hand-line, or buys, sells, or has 

 in possession any such fish taken in this commonwealth between said 

 dates, or otherwise than as allowed in this chapter, shall forfeit for 

 each offence not less than two nor more than twenty dollars : provided, 

 however, that this limitation of time shall not be applicable to the 

 Connecticut River or its tributaries. 



Sect, 57. Whoever sells or offers or exposes for sale or has in 

 his possession a smelt between the fifteenth day of March and the 

 first day of June shall forfeit one dollar for every such smelt taken 

 in this commonwealth between said dates ; and the possession of an}' 

 smelt between said dates shall be prima facie evidence to convict. 



Sect. 58. Whoever takes a smelt in any other manner than b}' 

 artificially or naturally baited hook and hand-line shall forfeit one 

 dollar for each smelt so taken ; and in all prosecutions under this 

 section the burden of proof shall be upon the defendant to show that 

 smelt or smelts taken by him, the catching of which is complained of, 

 were legally caught. 



Sect. 59. The two preceding sections shall not apply to smelts 

 taken in a seine or net, in the counties of Bristol, Barnstable, or 

 . Dukes County, during the time and in the manner in which fishing is 

 allowed for perch, herring, or alewives. 



Sect. 60. The mayor and aldermen of every cit3\ the selectmen 

 of ever}' town, and all police oflflcers and constables, shall cause the 

 provisions of sections fifty-seven and fifty-eight to be enforced in 

 their respective cities and towns ; and all forfeitures and penalties for 

 violations thereof shall be paid one-half to the person making the 

 complaint and one-half to the city or town in virhich the offence was 

 committed. 



Sect. 61. Whoever takes any fish in violation of sections twenty- 

 seven, thirty, forty-seven, forty-eight, fifty-one, fifty-five, fifty-six, 

 and efty-eight, shall in addition to the penalties therein provided 

 forfeit the boat and apparatus used. 



Sect. 62. Every superintendent, clerk, or other person, having 

 charge of a market, provision store, or other place where fish are sold, 

 and having reasonable cause to believe that any fish taken in viola- 

 tion of law has been offered for sale on such premises,' shall immedi- 

 ately give information thereof to a constable or trial justice in the 

 city or town where said premises are situated ; and for each neglect 

 so to do shall be punished by fine of not leas than five nor more than 

 fiftv dollars. 



