304 LAWS RELATING TO 



under this act, when they shall have determined upon the method and 

 plan for such fish-wa3's, to submit a full and specific statement and 

 description of the same to any board of commissioners empowered to 

 act by the state of New Hampshire upon the same or similar subjects, 

 for their approval. 



Sect. 4. If an}- plan so submitted shall be approved by the 

 said commissioners for the state of New Hampshire, the commis- 

 sioners under this act shall forthwith, upon such approval being 

 expressed, furnish a cop}"^ of the plan adopted for each dam to the 

 proprietors thereof, and^shall file a copy of each of such plans in the 

 office of the secretary of the Commonwealth ; with an affidavit of the 

 fact that the same has been furnished to said proprietors, which affi- 

 davit shall be full proof of the facts therein stated. 



Sect. 5. If the several proprietors of said dams shall consent to 

 construct said fish-ways, according to the several plans adopted for 

 their respective dams, at their own expense, the commissioners under 

 this act may agree with the proprietors of the several dams so to do. 

 And when the same shall have been constructed within such reason- 

 able time as said commissioners shall prescribe, and according to said 

 plans, with such minor variations therein as said commissioners shall 

 approve, the said commissioners shall certify said construction to the 

 secretary of the Commonwealth, and the same shall, for the period of 

 five years from the passage of this act, be taken and deemed as in 

 lieu of the fish-wa^'s which said proprietors respectively are now 

 required by law to keep and maintain over, at or around the respec- 

 tive dams. But said proprietors respectively shall be required to keep 

 said fish-ways on their respective dams in good repair, and to main- 

 tain the same for the period of five years from the passage of this 

 act to the satisfaction of said commissioners ; and during the period 

 of said five 3'ears the liability of said proprietors respectively to build 

 and maintain the fish-ways now by law required of them shall be 

 suspended. 



Sect. 6. When said fish- ways shall have been constructed as 

 aforesaid, the commissioners under this act shall prescribe in writing 

 the times when the same shall be kept open and unobstructed, with 

 power to change such times as they may deem judicious. And a 

 copy of such prescriptions shall be served on each of such proprietors, 

 and the certificate of said commissioners of the manner in which the 

 same have been served shall be full proof of the fact. 



Sect. 7. If any proprietor of any dam shall refuse or neglect, for 

 the period of thirty days from the time said commissioners shall have 

 furnished said proprietor with the plan, as herein before provided, to 

 agree with said commissioners for the building at, over or around his 

 dam of the fish-way prescribed by the plan furnished such proprietor 



