East Machias River
1826 -- An Act relating to Fish in East Machias waters. Laws of the State
of Maine. Chapter CCCCIV.
Text of Act:
"Sect. 1. Be it enacted by the Senate and House of Representatives,
in Legislature assembled, That from and after the passing of this act, no
person shall be allowed to take any Salmon, Shad or Alewives, in the waters
Machias East river, with any large net or seine, excepting between sunrise
on Tuesday and sunrise on Friday of each week; nor with spears, scoop nets,
or in wears, except between sunrise on Tuesday and sunrise on Friday of
each week, under the penalty of twenty dollars for each barrel or less quantity
of Salmon, and fifteen dollars for every barrel or less quantity of Shad,
and five dollars for every barrel or less quantity of Alewives, so taken
against the foregoing provisions.
"Sect. 2. Be it further enacted, That all wears, or other machines,
placed in said waters, for the purpose of taking said fish, shall be kept
open from sunrise on Friday of each week, until sunrise on Tuesday of each
week, under a penalty of fifty dollars for each offense, to be recovered
of the owner thereof. And every net or seine that shall be set or placed
in said waters contrary to the provisions of this Act, shall be forfeited
to the use of any person who may seize the same.
"Sect. 3. Be it further enacted, That no box or trap-wear shall be
built or placed in said river, nor shall any wear of any kind be built in
said river, higher than a half tide wear, under the penalty of one hundred
dollars.
"Sect. 4. Be it further enacted, That it shall be the duty of each
town and plantation of this State, through which said river passes, at their
annual meeting for the choice of town or plantation officers, to choose
three suitable persons for a fish committee, who shall be duly sworn, faithfully
and impartially to discharge the duties required of them under this Act:
And if any town or plantation shall neglect to choose said committee, such
town or plantation shall forfeit the sum, not less than twenty dollars,
nor more than one hundred dollars.
"Sect. 5. Be it further enacted, That there shall be a good and sufficient
fish way, made and kept open, round, through or over, every dam in and across
said river, and any of its branches, where said fish were ever known to
pass, by the owners or occupants of the mills on said river, which fish
way, shall be four foot wide, and twelve inches deep, and be kept open at
all times between the fifteenth day of May, and the first day of July, in
each year, and also at any other season of the year, when the fish committee
think proper, a sufficient length of time to let the young fish go down
said river; and if any owner or occupant of such mill or dam as aforesaid,
shall neglect or refuse to make and keep open such fish way as herein directed,
he shall forfeit two hundred dollars for each neglect or refusal.
"Sect. 6. Be it further enacted, That hereafter no eel wears shall
be erected on any part of said river or branches, or in the lakes from,
or through, which said river or any streams emptying into said river, may
flow, so as to stop or impede the passage of the young fish in returning
down said river. And if the fish committee shall neglect their duty, in
causing the provisions of Act, to be carried into effect, they shall forfeit
and pay a sum not less than five nor more than twenty dollars.
"Sect. 7. Be it further enacted, That the penalties, imposed by this
Act, may be sued for and recovered, by action of debt, in any Court proper
to try the same, by any one of the fish committee aforesaid, or any other
person; and the amount so recovered, shall be appropriated, one half to
the prosecutor, and the other half to the poor of the town or plantation
where the offence may be committed.
"Sect. 8. Be it further enacted, That all nets, craft, boats, barrels
and salt, used in taking fish in violation of this Act, and also all fish,
so taken, shall be forfeited; and may be seized, while so used, by said
committee or any one of them, and shall be proceeded against as directed
in this Act prescribing the mode of recovering forfeitures of personal property
liable thereto by law.
"Sect. 9. Be it further enacted, That is shall not be lawful for any
person to take fish of either kind decribed in this Act, within four rods
of any dam, or within three rods of the mouth of any fish way: And all persons,
guilty of so doing, shall pay a fine, not less than two, nor more than twenty
dollars, for each barrel of fish so taken.
"Sect. 10. Be it further enacted, That if any person shall resist the
fish committee, or either of them, in execution of the provisions of this
Act, such person shall forfeit a sum, not less than ten, nor more than fifty
dollars, to be recovered by complaint in any Court of competent jurisdiction.
Sect. 11. Be it further enacted, That the inhabitants of any town or plantation,
through which said river passes, are hereby authorized and empowered, at
any legal meeting of such town or plantation, by their vote, to prohibit
all persons, other than inhabitants and residents of the same, from taking
any of the aforesaid fish, within the limits of such town or plantation;
and any person who shall take any of the fish, contrary to the vote of such
town or plantation, shall forfeit and pay a sum, not less than two, nor
more than ten dollars for each barrl or less quantity of fish, he shall
so take; to be recovered as provided in the preceding section.
Approved by the Governor, Feb. 21, 1826."
1828 -- An Act additional to an Act relating to Fish in East Machias Waters.
Laws of the State of Maine. Chapter DXXVI.
Text of Act:
"Sect. 1. Be it enacted by the Senate and House of Representatives,
in Legislature assembled, That if the owners or occupants of any dam, where
a fish-way is required by the fifth section of the Act aforesaid, shall
neglect or refuse to make and keep open a fish-way, as many days in each
year as the Fish Committee may judge necessary, after ten days notice given
in writing by said committee, they are authorized to build and keep open
such fish-way, and to recover of such owner and occupant in an action on
the case, the necessary expenses of building and keeping open such fish-way.
"Sect. 2. Be it further enacted, That if said committee shall neglect
to carry into effect the provisions of this Act, and the Act to which this
is additional, they shall forfeit and pay a sum not less than twenty dollars
nor more than fifty dollars, to be recovered in an action on the case to
the use of said town.
"Sect 3. Be it further enacted, That the inhabitants of every town
and plantation, through which said river runs, are authorized to dispose
of the privilege of taking fishin within the limits of such town or plantation,
at the annual meeting of such town or plantation.
"Sect. 4. Be it further enacted, That said committee shall have the
same powers to carry into effect the provisions of this Act, and the Act
to which this is additional, in any unincorporated lands situated on said
river, as they possess in their own towns and plantations.
"Sect. 5. Be it further enacted, That the several provisions of an
Act, inconsistent with this Act are hereby repealed.
Approved by the Governor, February 15, 1828."
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