INLAND FISHERIES. 385 



fine and forfeiture imposed under this act, may be recovered by com- 

 plaint before an}^ trial justice, or by indictment before any court of 

 competent jurisdiction in Barnstable County. 



Sect. 3. Any constable or fish warden of said town may, without 

 a warrant, arrest an}' person whom he finds in the act of fishing for, 

 taking or destroying fish, shell-fish or eels, in violation of this act, or 

 in the act of carrying awa}" fish, shell-fish or eels so taken, and detain 

 him in some place of safe keeping until a warrant can be procured 

 against such person upon a complaint for said offences, or either of 

 them : provided^ that such detention shall not exceed twenty-four 

 hours. 



Sect. 4. Section one of chapter thirty-five of the acts of the year 

 eighteen hundred and fiftj'-two is hereby amended so as to read as 

 follows : — No. person shall set, draw or stretch any seine or drag-net 

 in Barnstable Harbor, Osterville Harbor, Popponessett Bay, or an}' of 

 the creeks, ponds or streams within the limits of the town of Barnsta- 

 ble, under a penalty of not less than fifty nor more than one hundred 

 dollars, to be recovered in any court proper to try the same, one-half 

 to the use of said town and the other half to any person who shall 

 prosecute therefor. 



Sect. 5. All acts and parts of acts inconsistent herewith are 

 hereby repealed. — [May 24, 1884. 



[1882, 166.] 

 An Act relative to Fishing in the Merrimac River. 

 1884, 317. Be it enacted, etc., as follows: Sect, 1. Section one of 

 chapter one hundred and sixty-six of the acts of the year eighteen 

 hundred and eighty-two is hereb}^ amended by inserting after the word 

 " seine " and before the word " after " in the fourth line thereof, the fol- 

 lowing words '"'• with a mesh not less than two and a quarter inches." 

 Sect. 2. This act shall take effect upon its passage. — [June 3, 

 1884. 



An Act to prevent the use of Nets in Ponds. 



1884, 318. Be it enacted, etc., as follows: Sect. 1. Whoever 

 draws, sets, stretches or uses a drag net, set net, purse net or seine 

 in any pond in the Commonwealth, or aids in so doing, shall be pun- 

 ished by a fine of not less than twenty, nor more than fifty dollars, 

 one half of which shall be paid to the person making the complaint, 

 and the other half to the county within which the offence was commit- 

 ted, and in addition shall forfeit to the Commonwealth all fish taken 

 by the above means and the seines, boat and other apparatus used. 



Sect. 2. Trial justices, police and district courts shall have juris- 

 diction to enforce the penalties provided in section one of this act. 



