INLAND FISHERIES. 315 



tiiroughout the entire length of said brook and its tributaries, and on 

 or near the banks thereof, within the boundaries of the aforesaid 

 towns. 



Sect. 3. Whoever destroys, injures or defaces any such notices so 

 erected, shall forfeit and pay for every such offence, a fine of twenty- 

 five dollars, to be recovered in the same manner as provided in 

 section one of this act. — [May G, 1869. 



[1868, 179.] 

 An Act for encouraging the Cultivation of Useful Fishes. 



1869,384. Be it enacted, etc.. as folloivs: Sect. 1. All the laws 

 of the Commonwealth relating to the culture, preservation, capture or 

 passage of fisli, shall be known as the laws relating to inland fisheries. 



Sect. 2. The commissioners under chapter two hundred and 

 thirty-eight of the acts of eighteen hundred and sixty-six, shall be 

 styled the Commissioners on Inland Fisheries, and shall be a board 

 consisting of three persons appointed by the governor, by and with 

 the advice and consent of the council, each for a term of five years 

 from the time of his appointment. Vacancies in the board, by the 

 expiration of the terms of service of the members or otherwise, shall, 

 from time to time, be filled in like manner and for like terms of time. 



Sect. 3. Each of said commissioners maj-, personally or by 

 deputy, enforce all laws regulating inland fisheries ; and mav seize 

 and remove, summarily if need be, all obstructions to the passage of 

 migratory fish illegally used, except dams, mills or machinery, at the 

 expense of the person usiag or maintaining the same. 



Sect. 4. Whenever either of said commissioners finds that there 

 is no fish-way or an insufficient fish-wa}- in or around a dam where the 

 law requires a fish-way to be kept and maintained, he may, at his 

 discretion, enter with workmen and materials upon the premises of 

 the person or corporation required to maintain said fish-way, and maj' 

 improve said fish-wa^' or cause one to be constiueted where none 

 exists, at the expense of said person or corporation, and may take, if 

 necessary, the land of any other person or corporation not obliged by 

 law to maintain said fish-way : provided, compensation shall be ren- 

 dered to the owner thereof, in the manner provided in relation to land 

 taken for highways, and said expense shall be charged against said 

 person or corporation required bj- law to construct and maintain such 

 fish-wa}', to be recovered in an action of contract in the name of the 

 Commonwealth, with costs and interest at the rate of twelve per cent. : 

 provided, that when a fish-way has been constructed in accordance 

 with the provisions of this section, said commissioners shall not 

 require the alteration of the same by the owner of the dam, within 

 five years from the completion of the same. 



