INLAND FISHERIES. 317 



computed as a part of any pond unless said arm or branch be at least 

 fifty feet in width and one foot in depth. 



Sect. 1 2. The riparian proprietors of an}' pond of less area than 

 twenty acres, shall have all the privileges given them by section seven 

 as soon as the said county commissioners have determined that their 

 ponds do not exceed the above limit. 



Sect. 13. Any pond within the limit of twenty acres in area, 

 bounded in part b}' land belonging to a town or county of the Com- 

 monwealth, shall only become the exclusive property- of the individ- 

 ual proprietors as to the fisheries therein upon payment to the town 

 treasurer, county commissioners or state treasurer, of a just compen- 

 sation for their respective rights therein, to be determined by a board 

 of three persons, one of whom shall be one of the riparian proprie- 

 tors of said pond, one the chairman of the board of selectmen, if the 

 rights of a town are in question, or of the count}^ commissioners, if 

 the rights of a county or the Commonwealth are in question, and one 

 to be appointed by the commissioners on inland fisheries. 



Sect. 14. For the purposes of this act, no tidal stream shall be 

 considered navigable above the point where on the average through- 

 out the year it has a channel less than forty feet wide and four feet 

 deep during the three hours nearest the hour of high tide. 



Sect. 15. The governor, with the advice and consent of the coun- 

 cil, upon the recommendation of the commissioners on inland fisher- 

 ies, may limit or prohibit for a period not exceeding five years at a 

 time, fishing in the navigable tidal waters of specified streams and in 

 the unnavigable waters of streams, except in such portions as may be 

 inclosed, according to the provisions of section sixteen ; and whoever 

 fishes in streams whose fishery is thus limited or prohibited shall for- 

 feit for the first oflfence ten dollars, and for every subsequent oflf'ence 

 fift}^ dollars, and shall in addition forfeit all fish captured and appa- 

 ratus used. 



Sect. 16. Any riparian proprietor maj , within the limits of his 

 own premises, inclose the waters of a stream not navigable, for the 

 cultivation of useful fishes : provided^ he furnishes a suitable passage 

 for migratory fishes naturally frequenting such waters. 



Sect. 17. The governor, by and with the advice and consent of 

 the council, may, for the purposes of this act, arbitrarily fix and de- 

 fine the tidal bounds and mouths of streams, upon recommendation 

 of the commissioners on inland fisheries. 



Sect. 18. Fishes artificially propagated or maintained shall be the 

 absolute property of the person propagating or maintaining them. • 



Sect. 19. Whoever fishes in that portion of a pond, stream or 

 other water in which fishes are lawfully artificially cultivated or main- 

 tained, without the permission of the proprietors, shall forfeit not less 



