334 LAWS RELATING TO 



their respective cities and towns, and all forfeitures and penalties for 



violations of the provisions of this act shall be paid, one-half to the 



person making the complaint and one-half to the city or town in 



which the offence is committed. 



Sect. 4. All acts conflicting with this act are hereb}' repealed. — 



[April 9, 1874. 



[P. S. 91, ^§ 57-60.] 



An Act to regulate the Shell-fisheries in the waters of Mount Hope Bay and its 



tributaries. 



1874,185. Beit enacted, He, as follows : Sect. 1. The select- 

 men of the towns of Swansea and Somerset, and the mayor and alder- 

 men of the city of Fall River may by a writing under their hands 

 grant a license for such a terra of years not exceeding five as the}' in 

 their discretion deem necessary and the public good requires, to any 

 inhabitant or riparian owner in said towns or cit}', to plant, cultivate 

 and dig clams, quahaugs and scollops, and other shell-6sh upon and 

 in any flats, shores, creeks and waters in their respective towns and 

 cit}', not however impairing the private rights of any person. 



Sect. 2. Such license shall describe hy metes and bounds, the 

 flats, shores, creeks or waters so appropriated, and shall be recorded 

 by the town or city clerk, before it shall have any force, and the per- 

 son or persons licensed shall pay to the town or city two dollars and 

 to the clerk fifty cents. 



Sect. 3. The person or persons so licensed and his or their heirs 

 and assigns shall for the purpose aforesaid have the exclusive use of 

 the flats, shores, creeks and waters described in the license during 

 the time specified therein, but such license shall not give any 

 authority to remove or disturb any sedge or thatch bordering on said 

 shore or flats, and may in an action of tort recover treble damages of 

 any person who without his or their consent digs or takes clams, qua- 

 haugs, or scollops, or other shell-fish, from such flats, shores, creeks 

 or waters during the continuance of the license. 



Sect. 4. The towns of Swansea and Somerset and the mayor and 

 aldermen of the city of Fall River at any legal meeting called for the 

 purpose, may make such by-laws as they may from time to time deem 

 expedient to protect and preserve all shell fisheries within said towns 

 and city : provided, always, that no by-laws made as above shall 

 infringe upon the laws of the Commonwealth. 



Sect. o. Whoever tak'es any shell fish from within the waters of 

 said towns of Swansea and Somerset and the city of Fall River in 

 violation of the by-laws established by said towns or city, or of the 

 provisions of this act, shall for every offence pay a fine of not less 

 than five or more than ten dollars, and costs of prosecution, and one 

 dollar for every bushel of shell fish so taken. Said fine and forfeiture 



