DRAUGHT OF LAW PROPOSED, ETC. 133 



wliicli said licenses have been recorded shall, on the first day of April 

 in each year, make return to said comuiissiouers of the said licenses 

 then in force and the localities to which the same relate. 



Sec. 5. Every person who shall have received a license in the manner 

 herein provided shall, before the first day of January following the date 

 of said license, make accurate return to said commissioners of the num- 

 bers and the kinds of fish captured by him duriug each day of the 

 season by virtue of said license, and shall furnish accurate information 

 of all other facts relating to said license which said commissioners may 

 require, and no license shall be renewed until said report shall have 

 been made to the satistaction of said commissioners. 



Sec. (J. No person enjoying such license shall take, or allow to be 

 taken, any fish by means of stationary apparatus from the twentieth 

 day of April until the fifteenth day of June in ea-ch year in the interval 

 of time between the hours of six o'clock on Friday evening and six 

 o'clock on the following Monday morning ; and every person enjoying 

 such license shall lift up at least twenty yards of the outer or seaward 

 end of the leader or fence of his apparatus, or otherwise open it, so as 

 to secure a free passage for the fish from the surface of the water to the 

 very bottom, and shall at the same time place a gateway of netting over 

 the "heart" or entrance into the inclosure, and, in general, take what- 

 ever precautions may be necessary to prevent the entrance of fishes 

 into the same during the period of time aforesaid ; and, generall}^, shall 

 comply with any and all regulations made by the commissiouers for the 

 pur])ose of securing the accomplishment of the object of this section, 

 namely, to allow and secure an unobstructed passage of the fish through 

 or by the apparatus in question during the time specified. 



Sec. 7. No license granted under the provisions of this act shall be 

 construed as authorizing the grantee of the same to enter u])on the 

 land of individuals without their permission, nor to interfere in anyway 

 with private property. 



Sec. 8. Whoever sets or uses, or causes to be set or used, in the 

 waters of this commonwealth, whether the same are navigable or unnav- 

 igable, any weir, pot, pound, yard, trap, or other stationary apparatus 

 whatsoever, for the purpose of capturing fish, except by virtue of a 

 license duly issued, and for that particular locality, under the provisions of 

 this act, shall forfeit and pay for each day during any part of which said 

 apparatus is so set or used a sum not less than two hundred dollars nor 

 more than five hundred dollars, and siiall forfeit all apparatus so used, 

 including nets, stakes, boats, &c., which shall be sold, and the proceeds 

 of such sale placed in the treasury of the commonwealth. 



Sec. 9. Whoever, having received a license under the i)rovisions of 

 this act, shall neglect or refuse to comply with tiie provisions of the 

 same, or of his license, shall forfeit and pay for each offense a sum not 

 less than two hundred dollars nor niore than five hundred dollars, ex- 

 cept that, in case of his violation of section six of this act, he shall forfeit 

 and pay for each day during any part of which his offense is committed 

 the sum of five hundred dollars, and shall forfeit all apparatus used in 

 violation of said section, which shall be sold, and the proceeds of such 

 sale be placed in the treasury of the commonwealth. 



Sec. 10. All actions and prosecutions under this act shall be com- 

 menced within six months after the offense is committed, and one-half 

 of the fine or penalty recovered in any action or prosecution aforesaid 

 shall be paid to the person who shall first bring an action of tort therefor, 

 in. his own name, or shall make complaint in any criminal case, and the 



