INLAND FISHERIES. 153 



shall pa}' the same before being sued, such vessel, boat or craft shall 

 be discharged, with the effects therein. 



Sect. 5. Be it further enacted. That all the forfeitures incurred by 

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

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

 same, to be brought b}' the treasurer thereof. — [February 10, 1816. 



[1837,135; 1849,37; 1850,48; 1852,68; 1855, 90; 1880,122.] 



[Sp. Laws, vol. 1, p. 813.] 



An Act to regulate the Fishery within the Town of Middleborough in the County of 



Plymouth. 



1815, 111. Sect. 1. Be it enacted. That from and after the pass- 

 ing of this act, it shall not be lawful for any person or persons (ex- 

 cept as is hereinafter provided) to catch or destroy any of the fish 

 called alewives, within the limits of the town of Middleborough, or 

 in Titicut River, so called, either within the limits of the towns of 

 Bridgewater, Middleborough or Raynham : provided, hoivever, that 

 it shall and may be lawful for the inhabitants of said town of Middle- 

 borough to catch said fish with scoop-nets or set nets only, at the 

 following places in said Middleborough, to wit : at Oliver's works, so 

 called, three days in each week onl}", to wit : on Mondays, Tuesdays 

 and Wednesdays, beginning at midnight next succeeding Sunday, 

 and ending at midnight next succeeding Wednesday ; at the Old Stone 

 Ware four days in each week, to wit : on Tuesday, Wednesday, 

 Thursday and Frida}', beginning at midnight next preceding Tuesday, 

 and ending at midnight next succeeding Friday ; and at Assawamp- 

 set Brook three days in each week, to wit : Monday, Tuesday and 

 Wednesday, beginning at midnight next succeeding Sunday, and 

 ending at midnight next succeeding Wednesday : provided, also, that 

 the said town of Middleborough shall, at a legal town meeting, dis- 

 pose of and grant, upon such conditions and under such restrictions 

 and regulations as said town shall establish for that 3'ear, and so from 

 year to year, the sole privilege of catching alewives, with seoop-nets 

 or set nets only, on the days and at the places designated by this act, 

 to such person or persons as shall give most for the same and give 

 sufficient security for payment, such person or persons so purchasing 

 to have the right to take fish, and no other person whatever. 



Sect. 2. Be it farther enacted. That if an}- person or persons 

 shall, at any time or place other than those admitted b}' this act, 

 catch or destroy any of the fish aforesaid, or by an}^ other means 

 whatever shall interrupt, impede or hinder the passage of said fish up 

 the streams, brooks or ponds within said town, or in Titicut River 

 which divides said town of Middleborough from the towns of Bridge- 

 water and Ra^-nham, or an}' of the waters connected therewith within 

 the limits of either of said towns, he or they shall forfeit and pay a 



