RIVER FISHERIES. 99 



secretary of the Commonwealth, and the same shall for the period of 

 five years from the passage of this act be taken and deemed as in lieu 

 of the fish-ways, which said proprietors respectively are now required 

 by law to keep and maintain over, at, or around their respective 

 dams. But said proprietors respectively shall be required to keep 

 said fish-ways on their respective dams in good repair, and to main- 

 tain the same for the period of five years from the passage of this act 

 to the satisfaction of said commissioners ; and during the period of 

 said five years the liability of said proprietors respectively to build 

 and maintain the fish-ways now by law required of them shall be 

 suspended. 



SECT. 6. When said fish-ways shall have been constructed as 

 aforesaid, the commissioners under this act shall prescribe in writing 

 the times when the same shall be kept open and obstructed, with 

 power to change such times as they may deem judicious. And a copy 

 of such prescriptions shall be served on each of such proprietors, and 

 the certificate of said commissioners of the manner in which the same 

 have been served shall be full proof of the fact. 



SECT. 7. If any proprietor of any dam shall refuse or neglect, 

 for the period of thirty days from the time said commissioners shall 

 have furnished said proprietors with the plan, as herein before pro- 

 vided, to agree with said commissioners for the building at, over, or 

 around his dam of the fish-way prescribed by the plan furnished such 

 proprietors by said commissioners, then said commissioners shall be 

 authorized to contract in behalf of this Commonwealth for the con- 

 struction of the fish-way at, over, or around the dam of said pro- 

 prietor so refusing or neglecting. And said commissioners shall 

 thereupon cause such fish-way to be constructed with all reasonable 

 dispatch. And the expense thereof shall be a charge against the 

 owner of such dam, and the same may be recovered of said proprietor 

 in an action of contract in the name of the Commonwealth, with 

 costs and twelve per cent, interest on the amount of such expense 

 from the time when the same shall have been demanded of such pro- 

 prietor by said commissioners. 



SECT. 8. Whenever, in the construction of any such fish-way, 

 the property of any person not liabla by law to provide a suitable and 

 sufficient fish-way at, over, or around such person's dam, shall be 

 taken for the purpose of such fish-way, the said commissioners shall, 

 upon the application in writing of the person aggrieved, assess a 

 reasonable compensation therefor, to be paid by the Commonwealth. 

 And any person aggrieved by such assessment shall have the right to 

 have such compensation determined by a jury, in the manner pro- 

 vided by the General Statutes for the assessment of damage occasioned 

 by the laying out of highways. 



SECT. 9. Said commissioners shall have power to contract with 

 the proprietor of any dam on either of said rivers, for the suspen- 

 sion for five years from the passage of this act of the liability of said 

 proprietor to construct at his own expense any fish-way at, over, or 



