INLAND FISHERIES. 145 



ner otherwise than is allowed 1)}' the said committee, or shall find 

 such fish with such person or persons, such person or persons shall be 

 deemed to have taken the said fish unlawfully, and be subject to the 

 penalties of this act accordingly, unless such person or persons can 

 make it appear, on trial, that they came by the said fish in some other 

 way. 



Sect. 5. Be it further enacted, That if anj^ vessel, boat or craft 

 shall be found within the limits of any of the rivers, streams, ponds 

 or coves, with any more of said fish than shall be permitted by the 

 committee aforesaid, it shall be the duty of said committee, and they 

 are hereby authorized to seize such vessel, boat or craft, and detain 

 the same, not exceeding fort3'-eight hours, in order that the same ma}' 

 be attached or arrested by due process of law, and made answerable 

 for said fines and forfeitures, with cost of suit : provided, however., that 

 as soon as the owner or master of said vessel, boat or craft shall 

 pay such fines and forfeitures to the treasurer of said town, if he shall 

 pay the same before being sued, such vessel, boat or craft shall be 

 discharged, with the effects therein. 



Sect. 6. Be it further enacted, That all the forfeitures incurred by 

 virtue of this act, shall be to the use of the said town of Yarmouth, to 

 be recovered by an action on the case, in any court proper to try the 

 same, to be brought by the treasurer thereof. — [February- 27, 1815. 



[1849, 37.] 



An Act to regulate the Shad and Alewive Fishery within the Town of Billerica. 



1814, 137. Sect. 1. Beit enacted, That it shall and ma}- be law- 

 ful for the inhabitants of the town of Billerica, at a legal meeting in 

 the month of March or April, annually, to choose a committee of three 

 or more discreet persons, to sell, or otherwise dispose of the exclusive 

 right or privilege of taking shad and alewives in Concord River, 

 within the limits of said town, at such time and places, and under 

 such regulations and restrictions, not repugnant to the laws of the 

 Commonwealth, as said committee shall, from year to year, estab- 

 lish and determine ; a cop}' of which shall be posted up at three 

 public places, at least, in the said town ; and the emoluments 

 arising from said right or privilege sl|all be appropriated to such uses 

 and purposes as said inhabitants shall, in legal town meeting, from 

 time to time determine. 



Sect. 2. Be it further enacted. That if the purchaser or pur- 

 chasers of said right, or any person by them employed, shall take any 

 of said fish in an}' other manner, or at any other time or place than 

 said committee shall -authorize and allow, or if any person except the 

 said purchaser or purchasers, or those by them employed, shall take 

 any of said fish in said river, within the limits of said town, every 



