Governor and

Council to establish their

fees,

and send a schedule of them to each collector of customs.

SEC. 3. Be it further enacted, That the Governor with the advice of Council, be, and he hereby is empowered to determine and fix the fees of pilotage of the several pilots, and to specify the same in their respective warrants; and also to transmit to each Collector of the customs, in the ports and harbors aforesaid, a schedule of the said fees, to be by such Collector hung up in his office for public inspection: ProvidAny man may ed nevertheless, That any master of a vessel who may choose to hazard the pilotage of his own vessel into or out of any port, shall be at liberty so to do.

pilot his own

vessel.

Pilot liable to pay for vessel,

cast away. &c.

by his neglect

or unskilful

ness,

SEC. 4. Be it further enacted, That if any vessel, while under the charge and direction of a branch or warrant pilot, shall be lost cast away or run aground, through the unskilfulness or neglect of such pilot, then and in that case, such pilot shall be liable to pay the just value of the vessel and her cargo; or any proportionable damage which may be susto the owners tained thereby; to be sued for and recovered by the owner or owners, or insurer or insurers thereof, in any Court proper to try the same.

or insurers.

Outward bound

vessels subject

tions as inward

coasting and fishing vessels.)

Pilots of such, penalties, &c.

liable to same

SEC. 5. Be it further enacted, That all vessels drawing to same regula nine feet of water and upwards, bound to sea, out of any of bound. (except the ports aforesaid, (except coasting and fishing vessels,) shall be under the same restrictions, and liable to pay the same fees, that vessels are under and liable to, that are bound into any of the same ports; and all pilots of any outward bound vessels shall be liable to similar actions for damages, and subject to the same penalties for their unskilfulness or neglect, that they would have been, if the same vessels had been bound into any of the ports aforesaid: and to the intent that a suitable check may be had upon the pilots aforesaid, and that they may be excited to a due vigilance in the discharge of the duties assigned them:

Governor and Council to deeide on com

pilots.

SEC. 6, Be it further enacted, That the Governor and Council be, and they hereby are empowered to hear and deplaints against termine all complaints exhibited against the said pilots for mal-conduct in the premises, and to suspend or remove them at their discretion, and to appoint others in their room, laying the reasons, therefor before the Legislature at the next session after such suspension or removal.

[Approved February 24, 1821.]

Herrings not

to be taken be

and Sept. 1.

CHAPTER CLXXVIII.

An Act to regulate the Herring Fishery.

SEC. 1. BE it enacted by the Senate and House of Repretween March 1, sentatives, in Legislature assembled, That no person shall take any fish called English herrings,, within the waters of this State, between the first day of March and the first day of September, in each year, for the purpose of pickling or smoking the same.

be used.

SEC. 2. Be it further enacted, That no net having mesh- What nets may es less than seven eighths of an inch square shall be used for taking herrings for the purpose of pickling or smoking the

same.

board fishing

SEC. 3. Be it further enacted, That no more than Size of nets on sixty yards of nets in length and five yards in width for vessels. each fisherman employed on board of any fishing vessel, shall be carried or used, in any such vessel, for the purpose of taking herrings and no one vessel shall carry or use more than three hundred yards in length, at any one time, for the purpose of taking herrings.

set across

lengthwise.

SEC. 4. Be it further enacted, That no person shall set No nets to be or place any net crosswise of any river, stream, harbor, streams, but creek or cove, within this State; but all nets shall be set or placed lengthwise of the river, stream, harbor, creek or cove, in which such nets shall be set or placed for the purpose of taking herrings.

be taken be

SEC. 5. Be it further enacted, That it shall not be lawful Herrings not to for any person to take herrings within any river, stream, har- tween sunset on bor, creek or cove, within this State, between sun-set on Sat- Saturday night urday night, and sun-rise on Monday morning in each week, Monday mornfor the purpose of pickling or smoking the same.

and sunrise

ing.

zens of this

seine or place wear to catch

SEC. 6. Be it further enacted, That no person other than None but citia citizen of this State shall set or place any net, seine, wear state to set or other machine in any of the rivers, streams, creeks, harbors, inlets or coves in this State for the purpose of taking salmon. salmon, shad, herrings or alewives.

to be driven

time,

worches, &c.

with lamps,

SEC. 7. Be it further enacted, That no person shall drive Herrings not herrings in the night time, with lamps, torches, fires or other night time in lights, for the purpose of taking them with dip nets or any other machine: Provided, This section shall go into oper tion in the waters eastward of Penobscot river after the expiration of two years from the passing of this Act, and not before.

SEC. 8. Be it further enacted, That any person who shall Penalties, and violate any provision of this Act, shall forfeit and pay, for how recovered. each and every such offence, a fine not exceeding fifty, nor less than five dollars, to be recovered in an action of debt in any Court proper to try the same, by and for the use of the person, who shall prosecute therefor.

[Approved March 19, 1821.]

:00:

CHAPTER CLXXIX.

An Act for the preservation of certain Fish.

BE SEC. 1. E it enacted by the Senate and House of Representa- Penalty for kit. tives, in Legislature assembled, That it shall not be lawful ling pickerel in for any person to take any of the fish, called pickerel or ing, or shooting trout, in any of the ponds, rivers or streams within this

night by spears at any time.

Penalty for taking away or

ters,

mission of se

lectmen.

State, with spears in the night time, or by shooting them at any time; and every person offending, contrary to the true intent of this Act, upon conviction thereof, before any Justice of the Peace, shall pay a fine of fifty cents for each and every pickerel or trout so taken, to and for the use of the person who shall sue for the same.

SEC. 2. Be it further enacted, That it shall not be lawful destroying oys for any person to take any oysters from their beds, destroy them or wilfully obstruct their growth therein, in any part of this State, except as is herein after excepted; and every person who shall so take, destroy or obstruct the same, shall forfeit and pay for every bushel of oysters, including the shells so taken or destroyed, the sum of two dollars: Prounless by per- vided however, And it shall, at all times, be lawful for the major part of the Selectmen, for the time being of any town wherein oyster beds shall be, to give permits in writing, to any person to take oysters from their beds, at such times, in such quantities, and for such uses, as they shall think reasonable, and express in their permit: Provided further, And it shall also be lawful for any inhabitant of every such town, without such permit to take oysters from their beds, therein, for the use of his or her family, from the first day of September to the first day of June annually.

Penalty for taking other shell fish, excepting by permission, &c.

Vessel. boat,

&c. with oysters, &c. on

take

any

SEC. 3. Be it further enacted, That if any person shall other shell fish from their beds, destroy them or wilfully obstruct their growth therein, in any harbor, creek, salt water river, bay or inlet in this State, except as is hereinafter excepted, the person so offending shall forfeit and pay for every bushel of such other shell fish, including the shells so taken or destroyed, the sum of one dollar: Provided nevertheless, That the major part of the Selectmen for the time being, of each of the said towns, bordering on any harbor, creek, salt water river, bay or inlet, shall at all times have power to give permits in writing, to any person to take such other shell fish from their beds in their said towns, at such times, in such quantities, and for such uses, as they shall deem reasonable, and express in their permit: Provided also, That every inhabitant of each of the said towns without such permit shall have a right to take such other shell fish from their beds therein for the use of his or her family: And provided further, That nothing in this Act shall extend to deprive any native Indians of the privilege of digging shell fish for their own consumption, or to prevent any fisherman from taking any quantity of shell fish which he may want for bait, so that it do not exceed seven bushels, including their shells, at any one time.

SEC. 4. Be it further enacted, That if any vessel, boat, beard without or craft shall be found within the limits of any town, permit, in cer and not owned therein, with any oysters on board, taken in ble to seizure such town without such permit, or within the limits of any

tain cases lia

for said fings.

one of the towns and not owned therein, with other shell fish on board, taken in such town without such permit; it shall be lawful for any inhabitant or inhabitants of any town wherein such vessel, boat or craft shall so be found trespassing, to seize and detain the same, not exceeding forty-eight hours, in order that the same, if need be, may be attached or arrested by due process of law, in that time to answer the said fines and forfeitures, with costs of suit: Provided however, That as soon as the owner or master To be dischargof any such vessel, boat or craft, shall pay said fines and edn payment forfeitures, and before sued, to the Treasurer of the town, to the use thereof, wherein the same shall be incurred, such vessel, boat or craft shall be discharged with the ef fects therein,

[Approved March 19, 1821.]

:00:

CHAPTER CLXXX.

An Act repealing certain Acts therein named.

SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That from and after the passing of this Act, the following Acts made and passed by the Legislature of the Province of Massachusetts Bay, and of the Commonwealth of Massachusetts, be, and the same are, as respects this State, hereby repealed. Provided, That where any of said Acts have been revised and reenacted, or come within the purview of any Act or Acts passed during the present session of the Legislature, and such last mentioned Act or Acts, in whole or in part, are not to take effect and go into operation until a future day, in all such cases such of said Acts hereby repealed, shall continue in force until the revised or re-enacted Acts within the purview of which they come, shall go into operation, namely:

a

of such fines.

An Act for the better rule and government of the Indians in their several places and plantations. Passed in the year sixteen hundred and ninety-three.-An Act for preventing abuses to the Indians. Passed in the year seventeen hundred. An Act for the better making and measuring of malt. Passed in the year seventeen hundred.-An Act to prevent and make void clandestine and illegal purchases of lands from the Indians. Passed in the year seventeen hundred and one.-An Act for regulating the size of bricks. Passed in the year seventeen hundred and eleven.-An Act directing how meetings of proprietors of lands lying in common, may be called. Passed in the year seventeen hundred and thirteen.-An Act in addition to the Act for preventing abuses to the Indians, made in the twelfth year of King William. Passed in the year seventeen hundred and eighteen. An Act for preventing abuses in distilling of rum

and other strong liquors, with leaden heads or pipes. Passed in the year one thousand seven hundred and twentythree.-An Act for explaining an Act, entitled "An Act to prevent and make void clandestine and illegal purchases of lands from the Indians," so far as relates to the devise or bequest of any real estate by the last will and testament of any Indians. Passed in the year one thousand seven hundred and forty-seven. An Act to prevent bribery and corruption. Passed in the year one thousand seven hundred and fifty-eight.-An Act against treason and misprision of treason, and for regulating trials in such cases, and for directing the mode of executing judgments against persons attainted of felony. Passed in the year one thousand.seven hundred and seventy-seven.-An Act in addition to an Act, entitled, "An Act against treason, misprision of treason, and concealment of treason, and for regulating trials in such cases, and for directing the mode of executing judgments against persons attainted of felony." Passed June twenty, fifth in the year one thousand seven hundred and seventynine. An Act prescribing the form of the writ of audita querela, and of the proceedings thereupon. Passed May eighteenth in the year one thousand seven hundred and eighty-one. An Act against blasphemy. Passed July third, in the year seventeen hundred and eighty-two.-An Act directing and regulating the process of outlawry. Passed October second in the year seventeen hundred and eightytwo. An Act for the repealing of one Act of this Commonwealth, made and passed on third day of May last, entitled," An Act providing a speedy method of recovering debts and for preventing unnecessary costs attending the same; and for making other provision which may better answer the ends designed by the said Act. Passed October nineteenth in the year one thousand seven hundred and eighty-twoAn Act to compel executors living without the Commonwealth to settle their accounts; and to oblige administrators and guardians not being inhabitants of this Commonwealth, to give bonds with proper sureties for the performance of the duties of their trust. Passed October twenty-third in the year one thousand seven hundred and eighty-two.-An Act for apprehending and sending for trial, persons charged with having committed crimes in some other State, and to authorize the officers of Justice of the other States to continue the execution of their precepts within this State, when necessary. Passed November seventh in the year one thousand seven hundred and eighty-two.-An Act for encouraging the killing of wolves. Passed twenty-first of February in the year one thousand seven hundred and eighty-three.-An Act more effectually to enable Constables and Collectors of taxes, to collect assessments in certain cases. Passed March twentieth in the year one thousand seven hundred and eighty-three.