Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1840-04-09

An Act to regulate the taking of fish, and for
| the preservation thereof in the several rivers,
| and streams emptying into rivers IN this
| State.
| SECTION 1. Be it enacted by the Senate and
| House &c Representatives in Legislature as
sembled, That the County Commissioners IN
| the several Counties in this State, shall have
the care of enforcing the regulations for taking
and preserving the Salmon, Shad and Alewlves
| in all rivers and streams when they may deem II
| for the general good within their respective
Counties; and it shall be their duty, from time
to time to examine all dams and distractions IN
rivers and streams emptying into rivers IN
which Salmon, Shad or Alewives abound, and
determine after due notice in writing to one or
more of the parties interested and a hearing
| thereon, what would be a suitable fish way
or passage way for fish in such dam or obstruc-
ton, not exceeding one foot in fifteen OF the
| width of the river or stream at the DAM AND
after their determination, and twenty days no.
! tce, to be published in a newspaper printed
in the county, if any, and if not, in the State
paper, to the owner or owners thereof, to build
such fish way and to keep the same open;
if such owner or owners shall neglect or refuse
to prepare and open such fish way, then the
County Commissioners shall prepare and open
a sufficient passage way for fish through such
dam or obstruction, at the expense of the
owner or owners thereof. And in case OF re-
fusal of the owner or owners of such dam or
obstruction to pay the expenses incurred IN OPP
ening such passage way within thirty days, the
same shall be paid by the County Treasurer;
and the County Attorney shall commence an
action against such owner or owners for the
same, and the damage recoverable shall be the
amount paid and interest, at the rate of twelve
per cent. until paid, and lien for the payment
of said damages is hereby created on the Mills
and other property of whatever description, sit
uated ON said dam, whether belonging to the
owners of said dam or to other persons, and
commencing from the time said passage way
shall be opened aforesaid Provided that any
person aggrieved by any decision of the Coun-
ty Commissioners, by entering into recognizance
as in other cases of appeal, may have an appeal
to the Supreme Court, who shall have power
to reverse, modify or confirm such decision !;
and if the appeal be not prosecuted at the next
term of the Supreme Court, the decision of the
County Commissioners shall be final and in full
| force.
/ SEC g. Be il further enacted, That the Coun-
ty Commissioners aforesaid, shall define and de-
scribe in writing, the extent and limits of such
fish way, and cause the same to be entered in
the records of the city, town or plantation in
which the said fish way is situated and if any
person shall take any OF the fish aforesaid, in
any such fish way, or within the space of TWEEN
ty feet on each side thereof, and extending of
the same width fifty feet below such fishway,
or within fifty feet above or below Iany dam or
dams, erected or which may hereafter be erect
ed on any such river or stream, which requires
a ishway to be made through the same, or shall
by placing any impedIments in or near such
fshway, or by any other means hinder or OBJ
struct the passage of fish up, through, or over
such fshway, between the first day of May and
the fifteenth day of July in each year. the person
SO offending shall forfeit and pay penalty of
not less than five dollars nor more than ten dol
lars for each and every offence and by the
fifteenth day of July OF each year, all wiers
1 shall be stripped to admit of a free pas
sage Of fish through the same and in case of
refusal or neglect, the owner or owners there
of, shall forfeit sum not exceeding ten dollars
nor less than five dollars per day until the same
shall be stripped as aforesaid, to be recovered
in an action of debt, TO the use of the County
within which such offence is committed.
SEC. 3. Be it further enacted, That all Acts
and parts of Acts in relation to taking and pre-
serving Pickerel and Trout in ponds and
streams, be, and the same are hereby repealed
And that all Acts and parts of Acts, heretofore
existing in this state, in relating to the taking
and preservation of Salmon, Shad and Ale.
wives in all rivers and streams be- and the
same are hereby repealed, except where an in
terest therein has been vested in any town.
Provided however that all suits or prosecutions
now pending may be proceeded in to final iudg-
ment and execution, unless the defendants shall
pay the costs of said prosecutions, in the same
manner as if this act had not been passed.
And this Act shall take effect and be in force
from and after its approval by the Governor
Approved by the Governor February IS, 1S4O
An Act additional to an Act entitled An Act
altering the times of holding the District
Court for the Western District in the County
| of franklin.
Be it enacted by the Senate and House of
Representative in Legislature assembled, That
the Act to which this is additional, shall take
effect and be in force from and after the nine
teenth day of February instant, instead of the
first day of March provided in said Act.
Approved by the Governor, Feb. 10, 1910.
An Act additional to the several Acts to regu-
late the jurisdiction and proceedings of Courts
of Probate.
SECTION |. Be it enacted by the Senate and
House of Representatives in Legislature as
sembled, That whenever it shall be represent
ed and made to appear to any Judge of Probate,
within this State. bV anv eyaontor or ad,,:,;.