Chap. 0068 An Act to regulate the Fisheries in the town of Waldoborough.

Sec. 1. Be it enacted by the Senate and House of* Representatives, in General Co\irt assembled, and by the authority of five same, That it shall be lawful for the town of Waidoborough, at their annual meeting for the choice of town officers, to choose five or more persons, being freeholders in said town, a committee to execute the provisions of this act; and each person, so chosen, shall be sworn to the faithful discharge of his duty. And the said committee, or a major part of them, are hereby empowered to open, and cause to be kept open, a passage or sluice way for the alewives, shad and salmon, and other fish, to pass up all the rivers and streams within said town, through any mill dam which now is or may hereafter be erected within said town, and to remove all other obstructions, found within said rivers and streams ; and, to effect these purposes., the said committee shall have power, by themselves, or others by them employed, to enter upon any land within%said town, without being trespassers ; and the said'sluice way shall be of sufficient depth and width for a passage for the said fish, and shall be kept open, from the first day of May to the first day of July, in each year: and a major part of said committee are hereby empowered to determine the times when, and the places where, and the manner in which the said fish may be taken ; and shall notify the inhabitants thereof, by posting notifications in three public places in said town, seven days at least before the first day of May, in each year ; and if any person or persons shall molest or hinder the said committee, or either of them, or others, by them employed, in executing his or their duty in said office, or in any way obstruct the said passage or sluice way, ordered and allowed by the said committee, or a majority of them, each and every person, so offending, shall, for each and every offence, forfeit and pay ten dollars, to be recovered by action

of debt, in the name of the said town, before any Court proper io try the same ; and the monies so forfeited and paid, shall be, one half to the use of the town, to be paid to the Town Treasurer ; and the other half to the use of the informant.

Sec. 3. Be it farther enacted, That the said committee are hereby empowered to farm out the fisheries aforesaid, or sell the right of taking fish in any part, or all of said rivers and streams, at public auction or at private sale, as they may judge most beneficial for the interest of the said town ; and if any person catch or take any of the said fish, in any of the said rivers or waters connected therewith, without the permission, and against the rules established by the said committee, he, she or they shall forfeit and pay, on conviction, one dollar for each fish so taken, to be recovered and appropriated as is provided in the first section of this act.

Sec. 3. Be it further enacted, That any person or persons who has heretofore erected, or who shall hereafter erect, or cause to be erected, any mill dam across any of the waters aforesaid, and doth not make a sufficient and suitable provision for the passage of said fish, during the season as aforesaid, at his or their own proper expense and charge, he or they, so offending, shall forfeit and pay to the use of said town, a sum not less than forty dollars, nor more than two hundred dollars, to be recovered by action of debt, in the name of said town : Provided, nevertheless, the owner or owners of mills already built, shall have thirty days notice to open the said sluice, before the penalty aforesaid shall be incurred.

[Approved by the Governor, February 12, 1819.]