Cobscook or Orange River
1828 -- An Act to prevent the destruction of fish in the Cobscook river,
in the town of Whiting. Laws of the State of Maine. Chapter DXLVI.
Text of Act:
"Sect. 1. Be it enacted by the Senate and House of Representatives,
in Legislature assembled, That, from and after passing of this Act, it shall
be the duty of the town of Whiting, at their annual meeting, in the month
of March or April, to choose a committee of three persons, inhabitants of
said town, who shall be sworn to the faithful discharge of their duty; and
it shall be their duty to cause the necessary fish ways to be kept open
in the waters of the Cobscook or Orange river, and its branches, in said
town, for salmon, shad and alewives to ascend and descend the same; and
to prosecute all breaches of the provisions of this Act which shall come
to their knowledge.
"Sect. 2. Be it further enacted, That there shall be a good and sufficient
fish way made round or through every dam in and across said river or any
of its branches, where said fish were ever known to pass, by the owners
or occupants of any such dam, which fish way shall be kept open from the
fifteenth day of May to the first day of July, in each year; and also, at
any other season of the year, when said committee think proper, a sufficient
length of time to let the young fish pass down said river -- And if any
owner or occupant of such dam as aforesaid, shall neglect to make and keep
such fish way as herein directed, he or they shall forfeit and pay the sum
of one hundred dollars.
"Sect. 3. Be it further enacted, That if any person or persons shall
take any of said fish with any large net, seine, scoop net, spears or wears,
except between sunrise on Tuesday and sunrise on Friday of each week, he
or they shall forfeit and pay the sum of twenty dollars for each barrel
or less quantity of salmon, fifteen dollars for every barrel or less quantity
of shad, and five dollars for every barrel or less quantity of alewives
so taken; Provided, That no person shall, prior to the tenth day of May,
one thousand eight hundred and tweny nine, be allowed to take any of said
fish in said river or its branches -- and every person who shall be guilty
of taking any of said fish as last aforesaid, shall forfeit and pay a sum
not exceeding twenty nor less than five dollars for each offence.
"Sect. 4. Be it further enacted, That it shall be lawful for the town
of Whiting, in legal town meeting, to sell and dispose of the privilege
of taking said fish for the year one thousand eight hundred and twenty nine,
and thereafter, for any term not exceeding one year, at any one time, to
any person or persons under such regulations as the said town shall direct;
and the profits arising from such sale shall be appropriated to such purposes
as the inhabitants of said town shall order; and if any person or persons,
other than those to whom the town have sold said privilege, shall take any
of said fish, he or they shall forfeit and pay a sum not more than twenty
nor less than five dollars.
"Sect. 5. Be it further enacted, That the penalties which may be incurred
by any breach of this Act, shall be recovered by an action of trespass on
the case, before any Justice of the Peace within the county of Washington,
where the penalty does not exceed twenty dollars, and if the penalty exceed
that sum, then in any court competent to try the same, by any inhabitat
of said town, one moiety thereof to the use of the prosecutor, and the other
moiety to the use of said town. And no person by reason of his being one
of said committee or an inhabitant of said town, shall be disqualified from
being a witness in any suit or prosecution, for any breach of this Act:
Provided, That such prosecution shall be commenced within ninety days from
the time said offence was committed, and not afterwards.
Approved by the Governor, February 20, 1828."
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