monly called Stratford Ferry, on the Eaft fide of faid River; and to take and receive all the Emoluments, Profits and Fare, which may arife from the Transportation of Paffengers, and of any and every Thing neceffary to be transported acrofs faid Ferry, from the Eaft fide of faid River to the Weft fide thereof, to the fole Ufe and Benefit of faid Town of Milford, for and during the space of fifteen Years from the rifing of the General Affembly in May, Anno Dom. 1791, and after the Expiration of faid fifteen Years, during the pleasure of the General Affembly. And that faid Town of and Stratford Stratford have Licence and Authority, and Licence and Authority are hereby granted to faid Town, to have, ufe and keep faid Ferry, on the Weft fide of faid River, and to take and receive all the Emoluments, Profits and Fare, which may arise from the Transportation of Paffengers, and of any and every Thing neceffary to be transported across said Ferry, from the Weft fide of faid River, to the Eaft fide thereof; to the fole Ufe and Benefit of faid Town, for and during the space of fifteen Years from the rifing of the General Affembly in May, Anno Dom. 1791, and after the Expiration of faid fifteen Years, during the pleasure of the General Affembly. And the Fare of faid Ferry fhall be as ftated in this A&t.

for the Ferrying 15 years, &c.

Provifo.

Flatts and

Scows to be

nished with

oars, &c.

21. Always provided, And it is to be understood that the aforefaid Licence or Authority to said Towns refpectively is to be on the following Conditions, viz.-That in addition to the Boats. already required by Law, faid Towns do jointly and at equal Expence, in a reasonable and convenient Time, build a good Flatt or Scow, fit and proper for the Transportation of Wheel Carriages, built and fur- and all forts of Neat Kine, as well as every other Thing beft adapted to be tranfported in fuch Flatt or Scow acrofs faid Ferry;. and that they furnish faid Flatt or Scow with Oars and other neceffary Implements for the aforefaid Tranfportation; and that faid Town of Milford do keep and maintain a Dwelling House near faid Ferry-Place, on the Eaft fide of faid River, in good repair; and that faid Town do alfo accommodate faid House to the good entertainment and reception of Travellers; and that in reafonable and convenient Time, faid Town do Repair the two Wharves on the Eaft fide of faid River, and make Steps or Stairs to the fame, so as to make it convenient to go on board of any Boat, Flatt or Scow, from faid Wharf or Wharves, and to land from any Boat, Flatt or Scow on the fame.

Wharves to be

repaired, &c.

Wharf and

railed.

22. And that faid Town of Stratford do, in a reasonable and convenient Time, repair the Wharf on the Weft fide of faid highway to be River, and the Path-Way or High-Way leading to the fame; and that faid Town do raife faid Wharf and Way to fuch a height in every Part of the fame, as not to be overflowed by the Tides; and that when the fame fhall have been raised as aforefaid, faid Town do keep the fame in good Repair; and that faid Town do build and provide Steps or Stairs to faid Wharf, fo as to make it convenient to go on board of any Boat, Flatt or Scow from the fame and to land from any fuch Boat, Flatt, or Scow on the fame; and that if faid Towns refpectively shall not in fuch reasonable

1

tions not per

and convenient Time, as the General Affembly fhall determine, Grants to perform each and every Part of faid Condition as belongs to faid ceafe if condiTowns refpectively to perform; faid Licence, Authority or Grant, formed. and every and all former Licences, Authorities or Grants to them to keep faid Ferry, fhall ceafe and be void, fo far as refpects fuch Town as fhall fail to perform that part of faid Condition which belongs to faid Town to perform as aforefaid.

23. Be it further enacted, That Licence and Authority be grant

the Towns of

ed to the Town of Saybrook in the County of Middlefex, and Saybrook Ferto the Town of Lyme in the County of New-London, refpectively, ry granted to to have, use and keep the Ferry on Connecticut River between Saybrook and faid Towns, commonly called Saybrook Ferry, and refpectively to Lyme. take and receive all the Emoluments, Profits, and Fare, which may arife from the Transportation of Paffengers, and of any and every Thing neceffary to be tranfported across faid Ferry, that is to fay; that Licence and Authority be granted to faid Town of Saybrook to take and receive all the Emoluments, Profits, and Fare, which may arife from the Transportation of Paffengers, and of any and every Thing neceffary to be tranfported acrofs faid Ferry, from the Weft fide of faid River to the Eaft fide thereof; and that Licence and Authority be granted to faid Town of Lyme to take and receive all the Emoluments, Profits and Fare which may arife from the like Transportation, from the Eaft fide of faid River to the Weft fide thereof, to the fole use and benefit of faid Towns refpectively, for and during the space of twenty Years from the first Day of June, in the Year One Thousand Seven Hundred and Ninety-Four, and after the expiration of the said twenty Years during the pleasure of the General Affembly. And the Fare of faid Ferry fhall be as stated in this A&t.

Boats, &c.

24. Be it further enacted, That faid Towns fhall respectively, at all Times, keep in good repair a fuitable well found and conven- Said Towns to ient Boat, for the purpofe of tranfporting Paffengers, Horfes, Neat keep fufficent Kine, Carriages, and every thing proper and neceffary to be tranfported in faid Boat acrofs faid River; and fhall procure, provide, and keep in constant readiness, a Man or Men as circumftances may require, to manage faid Boats refpectively, in transporting Paffengers, and whatever elfe may be neceffary to be transported as aforefaid.

&c.

25. Be it further enalted, That faid Town of Saybrook fhall keep in good and fufficient repair, the Path-way and High-way which To keep in relead to faid River or Ferry-place, on the Weft fide thereof; and pair wharves fhall raise the same so as not to be overflowed by the Tides; and fhall build and keep in good repair a Wharf, and a Causeway adjoining faid Wharf, and raise faid Wharf fix feet higher than low Water Mark, and raise said Caufeway fo as to be of an equal height with faid Wharf, and faid Wharf and Causeway shall be at least eighteen Feet wide, and said Town shall build and provide Steps or Stairs to faid Wharf, fo as to make it convenient to go on board of any Ferry-Boat from faid Wharf, and to land from fuch Boat on faid Wharf, at all Times of Tide. And faid Town

Dd

202

Towns neg

Fines.

of Lyme fhall in like manner keep in good and fufficient Repair the High-Way leading to faid River or Ferry-Place, on the East fide thereof, and fhall raife the fame fo as not to be overflowed by the Tides; and fhall build and keep in Repair, or fhall keep in good Repair a Wharf, if the fame fhall have been built, on the Eaft fide of faid River at faid Ferry-Place, which thall be of equal width and of equal height with faid Wharf provided to be built, and kept in Repair as aforelaid by faid Town of Saybrook; and faid Town of Lyme, fhall build and provide Steps or Stairs to the fame, in the fame manner as the fame are to be built and provided by faid Town of Saybrook.

26. And be it further enacted, That all Things provided by this Act to be done and performed by faid Towns refpectively, fhall be done and performed within the space of fix Calender Months from the first day of June in the Year One Thoufand Seven lecting, to for Hundred and Ninety-Five; or on failure thereof, faid Licence and Authority to faid Towns refpectively, and all other Licences and Authorities, or Grants to them to keep faid Ferry fhall ceafe and be void so for as refpects faid Town which fhall fail to perform what is provided to be done, and performed as aforefaid.

feit, &c.

Eines, &c. to be paid down, &c.

Warrants to iffue in one

year.

Fees, Eines.

&c. in the fu

An Act concerning the Payment and Difpofition of
Fines, Fees, and Penalties.

PAR. 1. BE it enacted by the Governor and Council, and onfe of

Reprefentatives, in General Court affembled, That every Perion that fhall at any Time be fined for the Breach of any penal Law, or for other juft Caufe, hall forthwith pay the Fine or Penalty impofed upon him, or give in good and fufficient Security speedily to do the fame; or shall be imprisoned, or bound out, and kept in Service or Labour till it be paid.

2. And the Warrants or Diftreffes for levying of all Fines and Penalties, fhall be fent out within one Year after the Conviction of the Delinquent.

3. That all Fees paid for Trial of any Matter or Caufe in the General Court, and in the Superior Court, (the Secretary's and Clerk's Fees excepted) and all Fines, Forfeitures, and Penalties impofed on any Perfon or Perfons by either of the faid Courts, for ftate treasury, any Matter of Delinquency, fhall be, and belong to the State Treasury, for defraying the public Charges of the State.

perior court, belong to the

court, to the

4. And all Fees paid for the Trial of any Matter or Cause in In the county the respective County Courts in this State, (the Clerk's Fees excepted) and all Forfeitures, Fines, and Penalties imposed on any county treafu- Perfon or Perfons for any Matter of Delinquency by any of the faid County Courts, shall be, and belong to the Treasuries of the faid feveral County Courts, to defray the Charges of the County Courts, and other County Charge.

ry.

Before juftices

5. And all fuch Fines, Forfeitures, and Penalties as fhall by the Judgment of any Affiftant, or Juftice of the Peace, be imposed on towa treasury. any Perfon or Perfons for any Matter of Delinquency, shall be

court to the

and belong to the Treasury of the Town where fuch Judgment

is given.

6. Always provided, That where any fuch Fines, Forfeitures, or Unless otherPenalties are or fhall be otherwife ordered by any exprefs Law of wife specially the State, they fhall be difpofed of according to the Order of fuch ordered. Law; any Thing before in this Act to the contrary notwithstand

ing.

An Act for encouraging and regulating Fisheries. 482. PAR. 1. BE E it enacted by the Governor and Council, and House 406. 548.63 of Reprefentatives, in General Court affembled, That Exemptions in all Inhabitants of this State, who fhall be employed four Months favor of perin a Year on Board any Veffels, owned in this State, either in the fons employed Whale or Cod Fisheries, fhall be exempted from having their in whale and Heads fet in the Lift in each Year wherein they fhall be fo employed in faid Business, and shall alfo be exempted from working at High-ways, during each Year in which they fhall be fo em-ployed.

cod fisheries.

clams, &c.

2. And be it further enacted, That any Town in this State fhall have Authority in Town-Meeting, to make Rules and Ordinances Towns may for regulating the Fisheries of Clams and Oyfters within their regulate the refpective Limits, or the Waters and Flats to them adjoining and fithery of belonging, and for the Prefervation of the fame; and to impofe fuch Penalties as fhall be thought proper by fuch Towns, for the Breach of fuch Rules and Ordinances. Provided, No fuch Penalty fhall exceed the Sum of Seventeen Dollars..

ers

548

3. And be it further enacted. That no Wares, Hedges, FifhGarths, or other Obftructions or Incumbrances, fhall be fet, erect- No obftructied or made, on or across Quinabaug-River, Shetucket-River, Wind- ons to be fet for-Ferry-River, Oufatannick-River, Selden's-Cove, or the Eight- in certain rivMile-River in Lyme, nor on or across any of the Streams that empty themselves into any of the faid Rivers; or on or across Sumner's Creek in Middletown, to the ftopping or obtructing the naturalor ufual Courfe and Paffage of Fifh in their Seasons, in or up any of faid Rivers, Streams, Coves or Creeks; and whoever fhall be guilty of making, or erecting any fuch Obftruction in any of the Rivers, Streams, Coves or Creeks aforefaid, whereby the natural' and ufual Paffage of the Fifh in the Spring, or proper Seafons of the Year is disturbed or prevented; on Conviction thereof before the County Court, fhall pay a Fine of Thirty-four Dollars, to any Perfon who fhall fue for, and profecute the fame to Effect; and the faid Court may order fuch Obstruction to be removed at the Coft of the Perfon or Perfons who erected the fame. And the fame fhall be deemed a common Nuisance, and any Perfon may re move the fame as fuch.

Penalty.

Provided, That no Perfon fhall remove any Mill-Dam, until the fame hath been adjudged to be a Nuifance, and ordered to be re- Provife. moved by the Superior or County Court.

204

496.

to be drawn in

Penalty.

Fisheries.

4. AND whereas the continual Interruption of the Courfe and Paffage of the Fifh up the Rivers, by the daily drawing of Seins and other Fish-Craft, tends to prevent their Increafe, and occafions a great Mifpence of Time, and alfo prevents the People who live near the different Parts of fuch Rivers, from sharing the Benefits of the Fisheries, fa equally as they might otherwife do; To the Injury of the Public:

Be it further enacted, That no Perlon or Perfons fhall draw any Sein or other Fifh-Craft, in faid Shetucket-River, OufatannickNo feins, &c. River, Selden's-Cove, Eight-Mile-River in Lyme, nor on or acertain rivers, Crofs any of the Streams that empty themfelves into any of the except, &c. faid Rivers, or on or acrofs Sumner's-Creek in Middletown, except between the fetting of the Sun on Monday Evening, and the Sun's rifing on Saturday Morning, in each Week, in the Months of April, May, and June, annually, on penalty of forfeiting Fourteen Dollars; one Half to the ufe of him who fhall fue for, and profecute the fame to Effect, and the other Half to the ufe of the Treasurer of the Town where the Offence is committed. Which Penalty may be fued for, and recovered before any Affiftant, or Juftice of the Peace, and no Appeal fhall be allowed in fuch Cafe. 5. Be it further enacted, That where any Perfon or Perfons have been at the Expence of clearing any Fishing-Place or Places in ing fishing pla- Oufatannick-River, between the Mouth thereof and Leavenworth's ces eftablished Ferry, and have conftantly used the fame for taking Fish in the Seafons thereof, he or they fhall be established in the full, free, and peaceable Enjoyment thereof, fo long as they continue conftantly to use the fame in the Seafons, and for the Purposes aforefaid, and not be liable to any Action for Damage, below high-wa

Perfons clear

therein.

ter Mark.

6. That no Perfon fhall ufe any Bufh-Sein in faid OufatannickRiver, or in any way obftruct, incumber, or impede the drawing Not to obftruct of Seins, or taking of Fifh in any of the Fifhing-Places cleared as &c. in Oufa aforefaid, either by felling Trees, or finking Logs, or other Incumtannick river. brances therein, or in any other Manner what foever, on Penalty of Sixty-feven Dellars for every fuch Offence; one Half to the Perfon who fhall fue for, and profecute the fame to Effect, and the other Half to the Treafury of the County where the Conviction is had.

Penalty.

river,

7. Be it further enacted, That no Perfon fhall fet or draw any Sein for the Purpose of catching Fish, between the fifteenth Day Set times for of March and the fifteenth Day of June, in any Year, near the fishing in faid Mouth of Oufatannick-River, between the Places called HalfMoon-Point, and Quimbo's-Neck-Point, or South of an Eaft or Weft Line from faid Quimbo's-Neck-Point to Milford-BeachPoint, or within half a Mile Eaft and Weft on each fide of the Mouth of faid River. And that not more than one Sein shall be ufed during each Tide, at any one Fishing-Place, in any Part of faid River, and that no Sein fhall be ufed in faid River of greater. Length than thirty Rods. And every Perfon who fhall be convicted of the Breach of this Paragraph of this Act, fhall pay a Fine of Fourteen Dollars; one Half to the ufe of him who fhall fue for, and profecute the fame to Effect, and the other Half to the Trea

Penalty.