AMERICAN 



SECT. 2. Every person violating the provisions of the preceding 

 section shall be liable to a fine of not less than ten nor more than 

 fifty dollars for each offence, to be recovered in any court competent 

 to try the same ; ooe-half of said fine to inure to the use of the town 

 in which the offence shall be committed, and the other half to the 

 person who shall prosecute therefor. 



SECT. 3. This act shall take effect upon its passage. [Approved 

 March 2, 1864. 



[CHAP. 238.] 



An Act concerning the Obstructions to the passage of Fish in the 



Connecticut and Merrimack Rivers. 

 Be it enacted. 8[c., as follows: 



SECT. 1. The governor, by and with the advice and consent of 

 the council, is hereby authorized to appoint two persons to be com- 

 missioners of fisheries in the Merrimack and Connecticut rivers, who 

 shall hold said office for the term of five years, unless sooner removed 

 therefrom. And in case of any vacancy in said board, the governor 

 shall have power to fill the same. 



SECT. 2. Said commissioners shall forthwith examine the several 

 dams on said rivers in this Commonwealth, and shall, after notice to 

 the owners of said dams, determine and define the mode and plan 

 upon which fish-ways shall be constructed suitable and sufficient in 

 their opinion to secure the free passage of salmon and shad up said 

 rivers during their accustomed seasons. 



SECT. 3. It shall be the duty of the commissioners appointed 

 under this act, when they shall have determined upon the method 

 and plan for such fish-ways, to submit a full and specific statement 

 and description of the same to any board of commissioners empowered 

 to act by the state of New Hampshire, upon the same or similar sub- 

 jects, for their approval. 



SECT. 4. If any plan so submitted shall be approved by the said 

 commissioners for the state of New Hampshire, the commissioners 

 under this act shall forthwith upon such approval being expressed, 

 furnish a copy of the plan adopted for each dam to the proprietors 

 thereof, and shall file a copy of each of such plans in the office of the 

 secretary of the Commonwealth, with an affidavit of the fact that 

 the same has been furnished to said proprietors, which affidavit shall 

 be full proof of the facts therein stated. 



SECT. 5. If the several proprietors of said dams shall consent to 

 construct said fish-ways according to the several plans adopted for 

 their respective dams, at their own expense, the commissioners under 

 this act may agree with the proprietors of the several dams so to do. 

 And when the same shall have been constructed within such reason- 

 able time as said commissioners shall prescribe, and according to said 

 plans, with such minor variations therein as said commissioners shall 

 approve, the said commissioners shall certify said construction to the 



