384 LAWS DELATING TO 



any body of water in the county of Dukes County, and all other per- 

 sons having the right to take alewives in any other waters in said 

 county, may take alewives from said waters and from the ditches con- 

 necting them with each other and with the ocean at all seasons of the 

 year and without restrictions as to day. 



Sect. 2. Section two of said chapter one hundred and two is 

 amended to read as follows : — Section 2. Whoever other than said 

 lessees or any other person duly authorized takes any fish, except 

 eels, from any of said waters or ditches without the permission in 

 writing of said lessees or said person duly authorized first obtained, 

 shall forfeit one dollar for each fish so taken, and shall also forfeit any 

 boat, net, line, rod or other apparatus used in such taking in accord- 

 ance with the provisions of chapter one hundred and ninety-four of 

 the Public Statutes. 



Sect. 3. This act shall take effect upon its passage. — [May 20, 

 1884. 



[1839, 102 ; 1852, 35 ; 1860, 46.] 

 An Act to protect the Fisheries of the towns of Mashpee and Barnstable. 



1884,264. Be it enacted, etc. ^ as follows: Sect. 1. No person 

 not an inhabitant of the town of Mashpee shall fish for or take from 

 the waters within said town, except Hamblin's Pond and its outlet, 

 and excepting the trout fishery in Popponessett Bay, south of a line 

 drawn from Gooseberry Island to Mashpee Neck, any fish, shell-fish 

 or eels, without a written permit or lease from the selectmen of said 

 town, stating the time, place, manner and number in which the same 

 may be taken ; nor shall any inhabitant of said town at any one time 

 take more than three bushels of shell-fish for bait, or take any fish, 

 shell-fish or eels for the purpose of selling the same, without a written 

 permit from said selectmen, who may grant the same for such sum, to 

 be paid to the use of said town, as they shall deem proper : provided, 

 Jioivever, that no seining shall be allowed in any of the waters of said 

 town ; but the inhabitants of said town may take such fish, shell-fish 

 and eels for family use without such permit, except from such fish- 

 eries as are lawfully leased by said town to others. 



Sect. 2. Whoever fishes for, takes or destroys any fish, shell-fish 

 or eels in the waters of said town of Mashpee in vio^tion of the pro- 

 visions of this act, or otherwise than is specified in his permit, and 

 whoever wilfully places any obstruction to, or otherwise interferes 

 with, the free passage of fish or eels in said waters, shall for each 

 offence be subject to a fine of not less than fifty nor more than one 

 hundred dollars and costs of prosecution, and if he have a permit 

 shall forfeit the same ; and all fines under this act shall be paid, one- 

 half to the town of Mashpee and one-half to the complainant. Said 



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