350 LAWS RELATING TO 



1879. 



An Act to establish an Alewife Fishery in Eastham. 



1879, 45. Be it enacted, etc., as follows: Sect. 1. The town of 

 Eastham is hereb}' authorized to make the necessary improvements 

 for the preservation and taking of alewives in the Great Pond, so 

 called, in the town of Eastham and the waters connected therewith 

 and the outlet therefrom to the sea, and may take land and do all 

 acts necessary for the purpose of establishing, protecting and regulat- 

 ing an alewife fishery in said waters. 



8ect. 2. The said town of Eastham shall be liable to pay all 

 damages that shall be sustained in any way by any persons in their 

 property, in carrying into effect this act. If any person sustaining 

 damage as aforesaid, shall not agree with the selectmen of the town 

 upon the amount of damage to be paid therefor, he may have his 

 damage assessed and paid in the manner provided by law in respect 

 to land taken for highwa3's. 



Sect. 3. Any fishery so created shall be deemed to be the property 

 of said town of Eastham, and said town may make any proper regula- 

 tions concerning the same, and may lease such fishery for a period 

 not exceeding five years, upon snch terms as may be agreed upon 

 between said town and the lessees of the same. 



Sect. 4. No persons without the permission of said town or of 

 the lessees of said fishery shall take, kill or haul on shore any alewives 

 in the fishery so created by the town. 



Sect. 5. Whoever violates any of the provisions of this act or any 

 of the regulations of the town regarding said fishery shall forfeit and 

 pay a sum not less than five nor more than fifty dollars for each 

 offence, to be recovered by prosecution before any court in the county 

 of Barnstable competent to try the same. Said forfeiture shall 

 accrue to the benefit of the inhabitants of the town. 



Sect. 6. All prosecutions under the preceding section shall be in- 

 stituted within thirty days from the time the offence was committed. 



Sect. 7. This act shall take effect upon its passage. — [February 

 21, 1879. 



[Sp. Laws, vol. 1, p. 269; 1872, 229.] 

 An Act to protect the Eel Fisheries in North River and its Tributaries in the County 



of Plymonth. 



1879, 47. Be it enacted, etc., as follows: Sect. 1. Whoever 

 takes, catches or destroys any eels in North River or its tributaries, 

 in the county of Plymouth, in any other manner than by spear, or 

 hook and line, shall forfeit for every eel so taken, caught or destroyed, 

 not less than one dollar nor more than five dollars ; a half of said fine 

 to be paid to the complainant. 



