INLAND FISHERIES. 305 



by said commissioners, then said commissioners shall be authorized 

 to contract in behalf of this Commonwealth for the construction of the 

 fish-way at, over or around the dam of said proprietor so refusing or 

 neglecting. And said commissioners shall thereupon cause such fish- 

 waj' to be constructed with all reasonable despatch. And the expense 

 thereof shall be a charge against the owner of such dam, and the same 

 may be recovered of said proprietor in an action of contract in the 

 name of the Commonwealth, with costs and twelve per cent, interest 

 on the amount of such expense from the time when the same shall 

 have been demanded of such proprietor by said commissioners. 



Sect. 8. Whenever, in the construction of any such fish-way, the 

 property of any person not liable by law to provide a suitable and 

 sufficient fish-way at, over or around such person's dam, shall be taken 

 for the purpose of such fish-way, the said commissioners shall, upon the 

 application in writing of the person aggrieved, assess a reasonable 

 compensation therefor, to be paid by the Commonwealth. And any 

 person aggrieved b}' such assessment shall have the right to have such 

 compensation determined by a jury, in the manner provided b}' the 

 General Statutes for the assessment of damages occasioned by the 

 laying out of highways. 



Sect. 9. Said commissioners shall have power to contract with 

 the proprietor of any dam on either of said rivers, for the suspension 

 for five 3-ears from the passage of this act of the liability of said pro- 

 prietor to construct at his own expense any fish-way at, over or 

 around his said dam, upon the payment of said proprietor to the 

 treasurer of the Commonwealth of such a sum of money as said com- 

 missioners shall deem reasonable, and a copj' of any such contract, 

 attested bj^ said commissioners, shall be filed in the office of the 

 secretar}' of the Commonwealth. 



Sect. 10. Said commissioners shall have power to contract with 

 the Essex Company for the construction of the fish-way prescribed by 

 said commissioners over the dam of said company-, at Lawrence, by 

 said company, at an expense to the Commonwealth not exceeding 

 seven thousand dollars, the said P^ssex Company to pay the expense 

 of such building over and above the said amount so to be paid b}^ the 

 Commonwealth. 



Sect. 11. The compensation of each of said commissioners shall 

 be determined by the governor and council. 



Sect. 12. The commissioners appointed under this act shall have 

 power to construct, or to contract for the construction of such appli- 

 ances and structures as they may think essential or useful for the 

 passage of the fish herein named, up and down said rivers, and for 

 their protection in such passage. 



Sect. 13. Said commissioners may in their discretion delay in the 



