I 



I 



INLAND FISHERIES. 323 



ma}' be attached on mesne process, and sold on execution as the prop- 

 ert}' of the person or persons offending by the use thereof. And it 

 shall be the duty of said fish-wardens to seize such vessel, boat, craft 

 or apparatus, and detain the same not exceeding forty-eight hours, in 

 order that the same may be attached or arrested by due process of 

 law : provided^ hoivever, that as soon as the master or owner of such 

 vessel, boat, craft or apparatus shall pay the penalty required by the 

 fish-wardens, to the treasurer of the town of Nantucket, together with 

 the accrued costs, such vessel, boat, craft or apparatus shall be dis- 

 charged with the effects therein ; and the ninth clause of section thirty- 

 two of chapter one hundred and thirty-three of the General Statutes 

 is hereby so modified that it shall not apply to boats, fishing tackle 

 and nets taken under the provisions of this act. 



Sect. 5. All fines, penalties and forfeitures recovered and received 

 by virtue of this act, shall go, one half to the treasurer of the town of 

 Nantucket, for the use of said town, the other half to the fish-warden 

 or fish-wardens commencing the action ; and said fines, penalties and 

 forfeitures ma}- be recovered, together with the legal costs of suit, by 

 an action of tort in any court of record proper to try the same. 



Sect. 6. Chapter six of the acts of the year eighteen hundred and 

 fifty, chapter one hundred and fifty-six of the acts of the year eighteen 

 hundred and fiftj'-five, and chapter ninety-five of the acts of the year 

 eighteen hundred and fifty-eight are hereby repealed. 



Sect, 7. This act shall take effect upon its passage. — [May 27, 

 1870. 



An Act to amend an Act for encouraging the Cultivation of Useful Fishes. 



1870,360. Be it enacted, etc., as follows : Sect. 1. Section nine 

 of chapter three hundred and eighty-four of the acts of the year eigh- 

 teen hundred and sixty-nine is hereby so amended that the commis- 

 sioners on inland fisheries shall have no authority to lease any great 

 pond exceeding twenty acres in area, situated within the limits of 

 Dukes County. 



Sect. 2 This act shall take effect upon its passage. — [.Tune 1.5, 



1870. 



[1875, 115.] 



[1868, 130; 1869,384.] 

 An Act in relation to the taking of Shad in the Connecticut River. 



1870, .369. Be it enacted, etc., as follows: Sect. 1. The limita- 

 tion of time for catching shad in the Connecticut River in this state 

 shall hereafter be the same as that now fixed, or which shall hereafter 

 be prescribed by the legislature of Connecticut for taking shad in said 

 river in that state. 



