322 LAWS RELATING TO 



Sect. 2. Whoever violates any provision of this act, or aids or 

 assists in violating the same, shall forfeit and pay to the use of any 

 person who shall sue therefor, a sum of not less than twenty dollars 

 nor more than one hundred dollars, to be recovered iu an action of 

 tort, in any court having jurisdiction of either party to such action ; 

 and shall also upon conviction of an}' violation of anj^ provisions of 

 this act before an}' justice or court competent to try the same, be 

 imprisoned in the house of correction not exceeding sixty days, or 

 pay a fine of not less than ten dollars or more than one hundred dol- 

 lars, one half to the use of the complainant and the other half to the 

 use of the county within whose jurisdiction the offence was com- 

 mitted. 



Sect. 3. Any net or seine used by any person in violating any pro- 

 visions of this act, together with any boat, craft or fishing apparatus 

 used in unlawfully working such net or seine, and all fish found there- 

 with, captured contrary to any provision of this act, shall be forfeited 

 to the Commonwealth. 



Sect. 4. All nets and seines in actual use set or stretched in 



violation of this act within the waters and limits aforesaid, holding 



fish contrary to any provisions of said act, are declared to be common 



nuisances. — [May 16,1870. 



[P. S. 91, ^v^ 79, 80.] 



[1833, 211; 18.50, 6; 1855, 156; 1858, 95.] 

 An Act for the protection of the Fisheries in the Vicinity of Nantucket. 

 1870,284. Be it enacted, etc., as follows: Sect. 1. It shall not 

 be lawful for any person or persons to take any fish with any kind of 

 net, or to set any net for the purpose of taking any fish therewith, 

 within one mile from the shores of Nantucket, Tuckernuck, Smith's, 

 Muskegat and Gravel Islands, without first obtaining permission of 

 the selectmen of Nantucket. 



Sect. 2. Every person violating any provision of this act, shall 

 forfeit and pay for each offence a sura not less than fifty nor more 

 than five hundred dollars. 



Sect. 3. The town of Nantucket is hereby authorized to choose, 

 at the annual town meeting, or at any meeting duly warned for that 

 purpose, such number of fish-wardens as may at the time be deemed 

 necessary, who shall be sworn to the faithful discharge of their duty, 

 whose duty it shall be to prosecute for every offence against any pro- 

 vision of this act. 



Sect. 4. All A-essels, boats, craft and apparatus of every kind 

 employed in taking fish contrary to the provisions of this act, or hav- 

 ing on board any such fish unlawfully taken, shall be liable for an}- 

 fines, penalties and forfeitures, also costs herein provided for, and 



