Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07

all the proceedings in such cases. and the penalty
for neglect, shall be as provided in the second,
third AID fourth sections, without light OF appeal
SEC 8. In case the dam is owned or occupied by
more than one person, each shall be liable Tor The
cost OF erecting and maintaining such fsh:way, in
proportion to his interest in the dam, and If any
owner or occupant shall neglect or refuse to join
with the others In erecting or maintaining such fish
way, the other owner or owners or occupants shall
erect or repair the same, and shall have an action
oil case against such delinquent owner or occupant
for his share oil the expenses thereof.
SEC 7. II the owner or occupant of such dam
resides out OF The state. said penalties may be re-
covered by u libel against the dam and land on
which it stands, to be led in the supreme judicial
court in the county where the same is located, in
the name OF the commissioners Of fisheries or any
fish warden, who shall give to the owner Occur
pant OF the dam and all persons interested therein,
such notice as the court, or any justice thereof in
vacation, shall, order, and the court may render
Judgment therein against said dam and lands Tor
said penalties and costs, and order u sale thereof
to satisfy such judgment and costs OF sale. subject,
however, to all said requirements for the erection,
maintenance or repair OF said ish-way.
SEC. =. The governor, with the advice of the
council. fhall appoint fish wardens where the same
may be necessary, who shall enforce the provisions
Of all public laws relating to isheries prosecute
all OneDses that come to their knowledge; and they
shall have right at all times 10 visit any DAM
any weir or other apparatus tor aking fish, and in
The exercise OF their duties shall have the same
right TO require aid that sherfs ana their deputies
have IN executing the duties OF their Office, and any
person negectiny to render it when required shall
forfeit ten dollars. Each person appointed shall
hOld ONCE three years, unless sooner removed and
his pay shall be fixed by the governor and council,
who shall audit his accounts and cause the same
to be paid from the state treasury; provided that
the whole amount paid 10 all Wardens shall not ex.
| coed fifteen Gundred dollar- annually.
SEC. .. No salmon, shad, or oti Or migratory Dish,
except alewives. shall e taken within two hundred
yards OF any hsh-way dam or mill.race between
the nrst day OF April and the first day of Novem
Der IN each year, except by the ordinary mode OF
angling with single hook and line. artificial flies
nor shall hook and line artificial file, be used at
any time within one hundred va DIS OF any fish.
way dam Or miiI'race. The penalty for violation
OF this section Shall be line not more than iif;y
nor less than ten dollars for each CffeN Sc, and
further fine OF n oliars Tor eacu salmon one dol
lar Tor each shad, SO taken.
SEC. 10. There shall be a clOse-time for salmon
from the fifteenth day Of July OF each year TO the
first day Of April iolo wing, during which salmon
penalty OF not more than tfy nor less than /, n
eocb aad further penalty Of ten dollars for
SEC. IL. No eme'ts shall be taken or fished for
III any OF the ida Waters of this state any other
manner Than by hook and line between the first
day of April and the first day of November, in each
year, under pena ty of not less than ten dollars
nor moie than thirty dollars for each onense and
further penalty OF twenty cents for each smelt SO
taken; and all weirs Tor the capture of Smells shall
De opened, and SO remain, and all nets O; any kind
used in the smelt and somcod hery shall be taken
IRON the water on Or before the aid hrst day OF
Api, IN each year, under penalty o not less than
twenty nor more than ify dollars, and "a fun Their
weir or ne may ao "o o I%
weirs which have catch-pOunds covered vita net
tne meshes OF which are one inch square in the
clear or greater, shall not be subject the provis.
| ions OF this sec ion. Provided. however, that dip
nets may be used ON the first day vi April 10 the
twentieth day o. Nav.
SEC. II. Any inhabitant Of this state, by obtain.
ing the consent Of the adjacent Riparian proprie.
tois, may plant oysters below low water mark in
any OF the avigable waters OF the state in places
where there is no natural oyster bed enclose such
ground with stakes, set at suitable distances, and
extending at least two feet above high water mark
but so as not to obstruct the free navigation of such
waters and have the exclusive right Of taking such
oysters; and II any person trespasses on such en-.
closure, or in any way Injuries such oyster beds. no
email be liable In an action of trespass for all the
damage; or II he takes any oysters therein without
the consent Of the owner, he shall forfeit not less
tnan twenty nor more than ffty dollars, or be
fined in Jail not exceeding three months.
SEC. Is. There shall be an annual close.time for
land'locked salmon, commonly 80 called, trout
togue. black bass, OswegO bass aud white Ierch,
In the waters Of this state, rs follows, viz: For
iandlocked salmon, trout and togue, from the
twenty.hrst day OF September to the irst day OF
February following, excepting on the st. CrOix
river and its tributaries, in which the clQse.Iime