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16 LAWS RELATING TO 



Sect. 5. .Said commissioners may take or cause to be taken, any 

 3sh at any time or manner for purposes connected with fish culture or 

 with scientific observation. 



Sect. 6. Each of said commissioners may, in the discharge of his 

 duties, enter upon and pass through or over private propcrt}' without 

 rendering himself liable in an action for trespass. 



Sect. 7. The riparian proprietors of any pond the superficial area 

 of which is not more than twentj' acres, and the proprietors of au}' 

 pond or parts of a pond created b}' artificial flowage, shall have 

 exclusive control of the fisheries therein existing, but this shall not 

 al)ridge anj' rights heretofore granted to fish for herring or alewives in 

 ponds of the above dimensions which are connected with salt water, 

 nor affect any previous laws restricting fishing lor any period of 

 time. 



Sect. 8. The fishery of any pond the superficial area of which is 

 .nore than twenty acres, shall be public, except such as may have 

 been granted speciall}^ by law or leased as hereinafter provided, and 

 all persons shall, for the purpose of fishing, be allowed reasonable 

 means of access to the same without rendering themselves liable to 

 prosecution or action for trespass. 



Sect. 9. The commissioners, or any two of them, may, in the 

 name of the Commonwealth, lease any great pond exceeding twenty 

 acres in area, for the purpose of cultivating useful fishes, for such 

 periods of time and on such terms and conditions as shall seem to 

 said commissioners most for the public good ; and the lessee of such 

 pond ma}' occupy a portion, not exceeding one-tenth part thereof, 

 with inclosures and appliances for the cultivation of useful fishes ; 

 but this shall not affect any public rights in such pond other than the 

 right of fisheries ; and the appliances and inclosures used by the lessee 

 shall be so placed as not to debar ingress to or egress from such pond 

 at proper places. 



Sect. 10. The commissioners shall have the custody of all leases 

 made under the provisions of this act, and may cause an}' agree- 

 ments, rights, reservations, forfeitures and conditions therein con- 

 tained to be enforced, and for that purpose may institute proceedings 

 in the name of the Commonwealth, and may take possession of any 

 premises, for conditions in such lease thereof being broken, and re- 

 vesting the Commonwealth therewith, may again lease the same. 



Sect. 11. The county commissioners for each county shall, upon 

 the request and at the expense of any party claiming to be interested 

 in any great pond, cause the same to be measured, and such measure- 

 ment, when determined, shall be recorded in the town clerk's office of 

 each town within which said pond is situated ; and said measurement 

 shall take place in the month of July, and no arm or branch shall be 



