INLAND FISHERIES. 303 



lease such fishery for a period not exceeding five years, upon such 

 terms as may be agreed upon between such town or city and the 

 lessees of the same. And any town may lease for a like period and 

 upon like terms, any fishery now owned by such town, or any public 

 fishery which has heretofore been regulated and controlled b}' such 

 town. 



Sect. 5. No person, without the permission of such town or city, 

 or of the lessees of such fisher}', in any fishery created by such town 

 or city, or in any fishery created by any corporation, without the per- 

 mission of said corporation, shall take, kill or haul on shore any 

 herrings or alewives in any fishery so created by any town, city or 

 corporation, for the introduction and propagation of herrings or ale- 

 wives. 



Sect. 6. Whoever violates any of the provisions of the preceding 

 section, shall forfeit and pay a sum uot less than five nor more than 

 fift}' dollars for each offence, to be recovered by prosecution before any 

 court competent to try the same. 



Sect. 7. All prosecutions under the preceding section shall be 

 instituted within thirty days from the time the offence was committed. 



Sect. 8. Nothing contained in this act shall be held to impair the 

 rights of any person under any law heretofore passed, or to deprive 

 any person of any right under any contract now existing, or to author- 

 ize any town, city or corporation to enter upon or build an}* canals or 

 sluice-ways into any pond which is the private property of any indi- 

 vidual or corporation. 



Sect. 9. This act shall take effect upon its passage. — [April 



25, 1866. 



[P. S. 91, ^^63-67.] 



An Act concerning the Obstructions to the passage of Fisli in the Connecticnt and 



Merrimack Rivers. 



1866, 238. Be it enacted^ etc., as follows: Sect. 1. The gov- 

 ernor, by and with the advice and consent of the council, is hereb}' 

 authorized to appoint two persons to be commissioners of fisheries in 

 the Merrimack and Connecticut rivers, who shall hold said office for 

 the term of five years, unless sooner removed therefrom. And in case 

 of any vacanc}' in said board the governor shall have power to 

 fill the same. 



Sect. 2. Said commissioners shall forthwith examine the several 

 dams on said rivers in this Commonwealth, and shall, after notice to 

 the owners of said dams, determine and define the mode and plan 

 upon which fish-ways shall be constructed suitable and sufficient, in 

 their opinion, to the free passage of salmon and shad up said rivers 

 during their accustomed seasons. 



Sect. 3. It shall be the duty of the commissioners appointed 



