Chap. 0069 An act for the preservation of the fish called alewives in weweantit river in the county of plymouth and for regulating the taking said fish and for repealing all laws heretofore made for that purpose.

Sect. 1st. Be it enacted by the Senate & House of Representatives in General Court assembled & by the Authority of the same, that the several Towns of Rochester, Wareham & Carver shall at their Town Meeting in the Fall of the year annually, respectively choose a Com-

mittee of three persons in each Town, whose duty it shall be in the Month of March annually, to sell at Public Vendue the priviledge of taking said Fish at such places not exceeding three in said Towns & on such days not exceeding three in each Week, as said Committee shall agree upon & publish in their Conditions of Sale; in which Conditions, said Committee shall also express the price at which it may be lawful for said purchasers to Sell said Fish when taken, not exceeding the rate of twenty live Cents for one hundred of said Fish ; - And said Committee before they enter upon the execution of their Office, shall be sworn to the faithful & impartial performance of their duty in the same manner as other Town Officers.

Sect. 2d. Be it farther Enacted, That the Committee of the Town of Rochester, the first year, the Committee of the Town of Wareham the second year, and the Committee of the Town of Carver the third Year, & so in rotation forever, shall notify the Town Clerks of the other Towns concerned in said Fishery of the time & place in which said Committee shall meet; said Notice to be served ten days at least before the time of Meeting ; at which meeting as well as all subsequent Meetings the Majority present shall have the power & Authority of the whole Committee.

Sect. 3d. Be it further enacted, that all persons except the purchaser or purchasers or those employed by them who shall take any of said Fish in Weweantit River, or in any Pond or Stream having communication therewith ; Sippican River excepted, shall forfeit & pay the sum of Twenty Dollars.

Sect. 4tii. Be it further enacted, that if either of the Towns of Rochester, Wareham or Carver shall neglect to choose their proportion of said Committee, as they are required by this Act, or if the Committee when chosen whose duty it shall be to notify the Clerks of the other Towns, of the proposed time for the whole Committee to meet as aforesaid, shall neglect to give such notice, the Town or Committee offending as aforesaid shall for each offence forfeit & pay to the use of the Town or Towns performing the duties required by this Act, the sum of one hundred Dollars.

Sect. 5tii. Be it further enacted, that the Owner or occupier of any Dam on said River shall annually betwixt the first day of April & twenty fifth day of May following,

for such term & in such manner as said Committee shall direct - open a sufficient sluice way for the passage of said Fish, & the Owner or Occupier of such Dam neglecting to open, or to continue open a Sluice way as aforesaid shall forfeit & pay the sum of fifty dollars. And the Committee aforesaid shall have power to open such Dam when neglected as aforesaid, at the Expence of the Owner or occupier.

Sect. 6th. Be it further enacted, that if any person shall make any weave or other obstruction to the free passage of said Fish or shall make use of any Seine in said River or in any Pond or Stream communicating therewith, the person offending shall forfiet & pay the Sum of fifty Dollars and said Committee shall have Authority to remove such weare or obstruction at the Expence of the Person causing the same, & also to seize any Seine used as aforesaid, & to dispose of the same for the use of said Towns.

Sect. 7th. Be it further enacted, that the Treasurers of the aforesaid Towns respectively are hereby empowered upon the Complaint of any of the Committee aforesaid to sue for the Recovery of any forfietures incurred by the breach of any of the Regulations, provided in this Act, & also of such further Regulations as may from time to time be provided by the Committee aforesaid. And all fines & forfietures recovered for any breaches aforesaid, except such as are mentioned in the fourth Section of this Act, shall together with the proceeds of said Fishery be equally divided between the aforesaid towns; & the Treasurers aforesaid respectively may in behalf of their respective Towns, recover in an Action on the Case of any Person or Persons, Corporation or Corporations holding the Same, one third part thereof in any Court proper to try the same.

Sect. 8th. Be it further enacted that the purchasers of the right of taking said fish shall in all respects conform themselves to such regulations as the Committee aforesaid shall publish in their conditions of Sale, & for each offence in breaking said Regulations Shall forfeit & pay the sum of Twenty Dollars.

Sect. 9th. Be it further enacted that any of the Committee aforesaid may be admitted as Witnesses in any prosecution for the breach of any regulations respecting said Fishery & said Committee shall receive for their Ser-

vices out of the proceeds of said Fishery, Seventy Cents to each person for each clays service.

Sect. 10th. Be it further enacted that all Laws heretofore made respecting said River be & the same hereby are repealed excepting so far as may respect any Panalties already incurred for the breach of said Laws.

Approved March 1, 1798.