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8 animal or authorizes or causes it to be removed from a building, 9 place or enclosure where it is quarantined or isolated, or whoever, 10 contrary to an order or notice of quarantine, knowingly places or 11 causes or authorizes to be placed any other animal or animals within 12 a building, place or enclosure where an animal is quarantined, or 13 in contact therewith, or whoever knowingly conceals, sells, re14 moves or transports, or knowingly causes or authorizes to be con15 cealed, sold, removed or transported, an animal, knowing or 16 having reasonable cause to believe that it is affected with a conta17 gious disease, or whoever knowingly authorizes or permits such 18 animal to go at large upon any public way within this common19 wealth, or whoever knowingly brings or authorizes or permits to 20 be brought from another country, state, district or territory into 21 this commonwealth, an animal which is affected with or has been 22 exposed to a contagious disease, or whoever disobeys a lawful 23 order or regulation of the board of cattle commissioners or of any 24 of its agents or inspectors in the performance of his or their duty 25 under the provisions of this chapter, shall be punished by a fine of 26 not more than five hundred dollars or by imprisonment for not 27 more than one year, or by both such fine and imprisonment. 1 SECTION 26. If the owner who is entitled to compensation Assessment of 2 under the provisions of section six for the destruction of an animal denges: 3 affected with tuberculosis cannot agree with the commissioner con- 1895 496 13. 4 demning the same as to its value, the value shall be determined by 5 arbitrators, one of whom shall be selected by the commissioner and 6 one by the owner, or if the owner neglects or refuses for twenty-four 7 hours to select one the arbitrator already selected shall select 8 another, and if such arbitrators cannot agree, they shall select a 9 third arbitrator. Such arbitrators shall be sworn faithfully to per10 form the duties of their office, and shall determine the value of such 11 animal according to the provisions of section six; and the full value, 12 so determined, shall be paid to the owner as provided in said section. 13 Either party aggrieved by the doings of the board or of any of its 14 members, under the provisions of section six, or by the award of 15 such arbitrators, may file a petition for the assessment of his dam16 ages in the superior court for the county in which such animal was 17 killed or in the county of Suffolk. Such petition shall be by or 18 against the board of cattle commissioners, and a copy thereof shall 19 be served upon the respondent or, if the petition is against said 20 board of cattle commissioners, upon one of the commissioners, in 21 the same manner as other civil process. The petition shall be filed 22 in the clerk's office of the superior court within thirty days after the 23 killing of such animal or animals and shall be subject to the provi24 sions of sections fifty-six and seventy-four of chapter one hundred 25 and seventy-three and the petition may be tried in the same manner 26 as other civil cases. If, upon the trial, it is determined that such 27 animal was not affected with the disease for which it was con28 demned, reasonable compensation may be awarded therefor, and if 29 the owner recovers damages in excess of the amount previously 30 awarded to him by the arbitrators or allowed to him by the commis31 sioners, he shall recover costs; otherwise he shall pay costs. The 32 damages, costs and expenses incurred by the commissioners in pros33 ecuting or defending such action shall be paid by the common34 wealth.

Notice to be given of conta.

1894,
1899, 408, $ 34.

SECTION 27. Whoever kills an animal or causes it to be killed, 1 Frious diseases. with the consent of the owner or person in possession thereof, 2

upon suspicion that it is affected with or has been exposed to a con- 3 tagious disease, and who, upon the inspection of the carcass thereof, 4 finds or is of opinion that it is affected with a contagious disease, 5 shall forth with notify such owner or person in possession thereof 6 and the board, its agent or inspector of the existence of such disease, 7 and of the place where the animal was found, the name of the owner 8 or person in possession thereof and of the disposal made of such 9

Whoever violates the provisions of this section shall be 10 subject to the same penalties as are provided in section twenty-11 three.

carcass.

12

Contagious
diseases de
fined.
1893, 306, $ 3.
1894, 491, $ 37.
1899, 408, § 35.

SECTION 28. Contagious diseases, under the provisions of this 1 chapter, shall include glanders, farcy, contagious pleuro-pneumonia, 2 tuberculosis, Texas fever, foot-and-mouth disease, rinderpest, hog 3 cholera, rabies, anthrax or anthracoid diseases, sheep scab and 4 actinomycosis.

Penalty for disobedience of order of board. 1860, 221, § 10. 1879, 178. P. S. 90, $ 19.

SECTION 29. Whoever fails to comply with a regulation made, 1 or an order given, by the board of cattle commissioners or by any 2 of its members, in the discharge of its or his duty, shall be punished 3 by a fine of not more than five hundred dollars or by imprisonment 4 for not more than one year.

1887, 252, $ 14. 1893, 306, $ 4.

5 1894, 491, $ 47. 1899, 408, $ 36.

1 Op. A. G. 74.

148 Mass. 375.

Certain cattle not to be driven

SECTION 30. Texan, Mexican, Cherokee, Indian or other cattle, 1 on streets, etc. which the board has reason to believe may spread contagious disease, 2 P.S. 90, $$ 26- shall not be driven on the streets of a city or town or on any road 3 1887

, 262, $$ 21- in this commonwealth, or outside the stock yards connected with 4 1994, 491, $$ 54- any railroad in this commonwealth, contrary to an order of the 5 1939 , 408, $$ 38- board, and they shall be kept in different pens from those in which 6

other cattle are kept in all stock yards in the commonwealth. Who- 7 ever violates the provisions of this section shall be punished by a 8 fine of not less than twenty nor more than one hundred dollars. 9

40.

Use of tubercu.
lin restricted.
1845, 49, $ 14.
1896, 276.
1897, 165.
1899, 408, § 42.

SECTION 31. Tuberculin as a diagnostic agent for the detection 1 of tuberculosis in domestic animals shall be used only upon cattle 2 brought into the commonwealth and upon cattle at Brighton, Water- 3 town and Somerville ; but it may be used as such diagnostic agent 4 on any animal in any other part of the commonwealth, with the 5 consent in writing of the owner or person in possession thereof, 6 and upon

animals which have been condemned as tuberculous upon 7 physical examination by a competent veterinary surgeon.

8 SECTION 32. A person who has animals tested with tuberculin 1 shall not be entitled to compensation from the commonwealth for 2 any animals which react to the tuberculin test unless they have 3 been tested by the board of cattle commissioners or its authorized 4 agents, acting as such at the time of the test, and such testing shall 5 be subject to the supervision and control of the board.

6

Compensation
for animals
tested with
tuberculin.
1897, 499.
1899, 408, § 43.

No compensation to vio. lators of regulations. 1899, 408, § 44.

SECTION 33. No compensation shall be allowed by the common- 1 wealth to an owner of condemned cattle who has failed to comply 2 with the reasonable regulations of the board relative to cleanliness, 3 4 ventilation, light, disinfection and water supply. An owner of cat5 tle who refuses to comply with any such regulation shall be pun6 ished by a fine of not more than fifty dollars.

1

SECTION 34. The superior court shall have jurisdiction in equity Enforcement 2 to enforce the provisions and restrain violations of the provisions Kuss, 3 of this chapter.

1899, 408, $ 41.

NOTE. - Sections 24–26, 28, 31–33 of St. 1894, c 491, which prescribe the duties of boards of health of cities and towns relative to contagious diseases of cattle, have been construed to be repealed by implication by St. 1899, C. 408, § 20 which gave “ full control and authority in all matters relating to contagious diseases among domestic animals” to the board of cattle commissioners.

CHAPTER 91.

OF INLAND FISHERIES.

SECTIONS 1-8. Commissioners on Inland Fisheries and Game.
SECTIONS 9-14. – Fishways.
SECTIONS 15–26. Fisheries in Great Ponds.
SECTIONS 27-33. Control of Fisheries by Riparian Proprietors.
SECTIONS 34-37. Herring and Alewives.
SECTIONS 38-3.

Shad and Alewives.
SECTIONS 41-55. Regulation of Fishing near Fishways and with Nets, etc.
SECTION

56. - Bluefish.
SECTIONS 57-66. Salmon and Trout.
SECTIONS 67-68. – Pickerel.
SECTIONS 69–70. Black Bass.
SECTIONS 71-77. Smelts.
SECTIONS 78-80. — Forfeitures of Fish, Boats, etc.
SECTIONS 81–82. — Shiners and Sturgeon.
SECTIONS 83-85. Eels, Clams, Quahaugs and Scallops.
SECTIONS 86-99. - Lobsters, Tautog and Other Fish.
SECTIONS 100-112. — Oysters, and Other Shell Fish.
SECTION 113. Shell Fish for Bait.
SECTIONS 114-128. – Fish Weirs, Nets, Purses and Seines Regulated.
SECTIONS 129-137. - General Provisions.
SECTION 138. — Kelp and Seaweed.

COMMISSIONERS ON INLAND FISHERIES AND GAME. 1 SECTION 1. All laws relative to the culture, preservation, cap- Laws relating 2 ture or passage of fish shall be known as the laws relative to inland to inland tishi3 fisheries.

1869, 384, $1. P. S. 91, § 1.

133 Mags. 67.

152 Mass. 230.

139 U. S. 240.

1 SECTION 2. There shall be a board of commissioners on inland Commission. 2 fisheries and game consisting of three persons who shall be ap- pointed, ete

: 3 pointed by the governor, with the advice and consent of the council, 1869, 381, $ 2. 4 for the term of five years from the time of their appointments and 12:30 5 who shall be removable at the pleasure of the governor. 1 SECTION 3. Each of the commissioners, the deputies of the com2 missioners or members of the district police may enforce the laws

P. S. 91$ 2. 1886, 276, $ 7.

1895, 56.

- may enforce the laws, etc.

1869, 384, $ 3. P. S. 91, $ 3. 1884, 212, $ 3. 1897, 288, 1.

regulating inland fisheries; and may seize and remove, summarily 3 if need be, all illegal obstructions to the passage of migratory fish 4 except dams, mills or machinery, at the expense of the persons 5 using or maintaining the same.

6

Commissioners
may arrest
without war.
rant.
1886, 276, § 8.
1893, 105.
1897, 288, $ 1.
158 Mass. 149.

SECTION 4. The commissioners and their deputies, members of 1 the district police and all officers qualified to serve criminal process 2 may arrest without warrant any person whom they find violating 3 any of the fish or game laws, except that persons engaged in the 4 business of regularly dealing in the buying and selling of game as 5 an article of commerce shall not be so arrested for having in posses

6 sion or selling game at their usual places of business.

7

Stocking brooks with food fish. 1900, 284.

SECTION 5. If the owner of land within which a brook is wholly 1 or partly situated agrees that such brook or part thereof shall be 2 open to the public after the expiration of three years as hereinafter 3 provided, the commissioners may, upon petition of thirty or more 4 inhabitants of a city or town within which such brook is wholly or 5 partly situated, including such owner, or upon petition of the mayor 6 and aldermen of such city or the selectmen of such town and such 7 owner, cause such brook to be stocked with food fish; and shall 8 then make reasonable regulations, which shall be in force for a 9 period of not more than three years, relative to fishing in such 10 brook, may affix penalties of not more than twenty dollars for each 11 violation thereof and shall cause such regulations to be enforced. 12 Not more than five hundred dollars shall be annually allowed and 13 paid by the commonwealth to carry out the provisions of this 14 section.

15

Commissioners may take fish for fish culture. 1868, 130, $ 3.

SECTION 6. The commissioners may take fish or cause them to 1 be taken at any time or in any manner for purposes connected with 2 fish culture or scientific observation.

3 1868, 179, $ 2. 1869, 76, $ 2; 384, $ 5. P.S. 91, $ 20.

Permits to take fish in Merrimac river. 1883, 121.

SECTION 7. They may issue permits for the taking of any variety 1 of fish in the tidal waters of the Merrimac river and its tributaries, 2 the taking of which is prohibited by law. Said permits shall be 3 issued without any fee therefor and shall be revocable at the dis- 4 cretion of the commissioners.

5

Sawdust, discharge of, into streams. 1890, 129.

SECTION 8. If the commissioners determine that the fish of any 1 brook or stream in this commonwealth are of sufficient value to 2 warrant the prohibition or regulation of the discharge therein of 3 sawdust from saw mills, and that the discharge of sawdust from 4 any particular saw mill materially injures such fish, they shall, by 5 an order in writing to the owner or tenant of such saw mill, pro- 6 hibit or regulate the discharge of sawdust therefrom into such 7 brook or stream. Such order may be revoked or modified by them 8 at any time. Whoever, having been so notified, discharge saw- 9 dust or suffers or permits it to be discharged from a saw mill 10 under his control into a brook or stream in violation of the order 11 of said commissioners shall be punished by a fine of not more than 12 twenty-five dollars.

13

may examine

FISHWAYS. 1 SECTION 9. The commissioners may examine all dans upon

Commissioners 2 rivers where the law requires fishways to be maintained, shall dans and 3 determine whether the fishways, if any, are suitable and sufficient for 1735-6, 21, $$ 1, 4 the passage of the fish in such rivers, and shall prescribe by an 1741-2, 16, $$ 1, 5 order in writing what changes or repairs, if any, shall be made 32 6 therein and at what times the same shall be kept open, and shall ,715-6, 20, $$ 1, 7 give notice to the owners of the dams accordingly. The supreme 1761-5, 34, $2. 8 judicial court, or the superior court, shall, upon the petition of the 18, 233 $$ 2,6. 9 commissioners, have jurisdiction in equity or otherwise to enforce 2.5.91.84. 10 any order made in accordance with the provisions of this section, 104°Mass. 447. 11 and to restrain any violation of such order.

1743–4, 26.

1 SECTION 10. Such owners shall be notified by serving upon Notice to 2 them a copy of the order; and a certificate of the commissioners 1866, 35, $ 6. 3 that service has been so made shall be deemed sufficient proof P.8.91, $ 5. 4 thereof.

1

SECTION 11. Any owner of such a dam who refuses or neglects Penalty for 2 to keep open or maintain a fishway at the times prescribed by the fish way open 3 commissioners shall forfeit fifty dollars for each day of such refusal 4 or neglect.

at prescribed
times.
1735-6, 21, $81,
2.

5 Pick, 199.

1741-2, 16, $$ 1,3.
1745-6, 20, $ 4.

1811, 175, $ 4.
1866, 238, $ 15.

1867, 344, $ 2.
P. S. 91, $ 6.

10 Pick. 388.

1900, 344.

1 SECTION 12. If, in the opinion of the commissioners, a passage Commission. 2 for edible fish should be provided or if any one of the commission- ishwass, etc. 3 ers finds that there is no fishway or an insufficient tishway in or 11-2, 16, $ 1. 4 around a dam where a fishway is required by law to be maintained, 178.4-26 5 any one of the commissioners may, in his discretion, enter with 1366, 238, $$ 7, 8, 6 workmen and materials upon the premises of the person required to 1369, 384, $ 4. 7 maintain a fishway there and may, at the expense of the common- P.S. 91, $ 7. 8 wealth, if in the opinion of the commissioners the person required 9 by law to construct or maintain such fishway is not able to afford 10 such expense, improve an existing fishway, or cause one to be con11 structed if none exists, and may, if necessary, take the land of any 12 other person who is not obliged by law to maintain said fishway ; 13 and if a fishway has been constructed in accordance with the pro14 visions of this section, the commissioners shall not require the 15 owner of the dam to alter such fishway within five years after the 16 completion thereof.

1 SECTION 13. All damages which are caused by taking land as Compensation 2 provided in the preceding section, shall, upon the application of 338,7,8

. 3 either party, be estimated in the same manner as land which has p. $.9138. 4 been taken for a highway and shall be paid by the commonwealth. 5 Said expense shall be a charge against the person who is required 6 by law to construct and maintain such fishway and shall be recov7 ered in an action of contract in the name of the commonwealth, 8 with costs and with interest at the rate of twelve per cent per 9 annum.

1 SECTION 14. Each of the commissioners may, in the perform- Commission. 2 ance of his duties, enter upon and pass through or over private en land, etc. 3 property.

1869, 384, $ 6. P.S. 91, $ 9.

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