HISTORY OF THE AMERICAN MENHADEN. 133 



in any waters of this State, for the purpose of taking menhaden or pogies; 

 but a net of no more than one hundred and thirty meshes deep shall not 

 be deemed a seine." * * * * * # 



The penalty for violation of this act was fixed at "not less than four 

 hundred nor more than one thousand dollars, and the forfeiture of all 

 the vessels and apparatus employed/' 



By the act of February 21, 1S66, chap.' 30, Public Laws, the penalty 

 for violation of the law was reduced to "not less than one hundred nor 

 more than five hundred dollars," and the number of meshes deep in- 

 creased to one hundred and forty to constitute a seine. 



The act of February 27, 1809, chap. 36, Public Laws, repeals the fore- 

 going, and re-enacts it in substance with various moditicatious. 



The legislature of 1870 re-enacted the above with fuller details as to 

 the collection of penalties, »&;c. Chap. 120, Public Laws, 1870. 



In the revision of the statutes in 1871 the above act was consolidated 

 into one section, sec. 54, chap. 40, Eevised Statutes, 1871, which still 

 retained the three-mile restriction, and the penalty of one hundred to 

 five hundred dollars for each violation, and a forfeiture of all equipment 

 employed. 



Chap. 211, Public Laws, 1871, approved February 27, 1871, repeals 

 the above sec. 54, chap. 40, of the Revised Statutes. 



Laws of Massachusetts. 



184. The following acts have been passed by the legislature of Massa- 

 chusetts : 



"AN ACT to protect the meubadeD fishery in the towns of Duxbury, Plymouth, and 



Kingston. 



"(Ch, 85.) Section 1. Be it enacted, Every person who shall, between 

 the first day of May and the first day of November, inclusive, in each 

 year, deposit the offal or waste dressing of the menhaden fish upon the 

 shores or flats, or throw the same into the waters of the bays, harbors, 

 rivers, or creeks of the towns of Duxbury, Plymouth, or Kingston, 

 shall, for each and every offense, forfeit and pay a sum not exceeding 

 fiftj" dollars, one-half to the complainant, and the remainder to the to\^ u 

 within whose jurisdiction the offense was committed, to be sued for and 

 recovered in any court competent to try the same, on complaint of any 

 one of the selectmen, or any legal voter of either of the towns of Dux- 

 bury, Kingston, or Plymouth. 



"Sec. 2. Any boat, craft, vessel, or fishing apparatus used by persons 

 violating the provisions of this act, may be seized and detained not 

 exceeding forty -eight hours by the selectmen of either of the towns 

 aforesaid, in order that the same, if need be, may be attached or an (-sted 

 by due process of law, to satisfy said fine with costs. 



"Sec. 3. This act shall take effect from and after its i)assaj;e."'— [April 

 24, 1857. 



