above stated; and for every additional person, or horse, or other beast, the same as above allowed. 1854. Rates of toll. ning. SECT. 19. At the ferry, between the towns of New London and Groton, fifty cents per cord for wood, with no charge for the empty team back; for hay, fifty cents per ton, with no charge for the empty team back. From the first day of April to the first Time for runday of October, in each year, the time for running the boat, at said ferry, shall be till nine o'clock at night, with a delay of twenty minutes at New London, for the arrival of the train from New Haven, if that train shall not arrive before that time; and should the time, for the arrival of the New Haven train, be changed to a later hour, not exceeding half-past nine o'clock, the boat shall, at all times, between said first day of April and the first day of October, wait till twenty minutes past the time fixed for the arrival of the train, and on Saturday nights, till ten o'clock, provided the train shall not not arrive before that time. The commissioners on the Commissioners ferry shall establish rules, as to the time the boat may remain on each side of the river, between trips, giving the necessary time for the hands employed to obtain meals, and to take in coal and water for the boiler. to establish rules. Fare at Say SECT. 20. At Saybrook ferry, for each footman, seven cents; for 1858. each man, horse and load, fourteen cents; for each led horse, ox, or brook ferry. other neat kine, thirteen cents; for each sheep, swine, or goat, three cents; for each two, or four wheeled, carriage, drawn by one horse, with one person, twenty-eight cents; for each four wheeled carriage, drawn by two horses, with one person, sixty-three cents; for each four wheeled carriage, drawn by four horses, with one person, eightyeight cents; for each additional person, in any of said carriages, seven cents; for each cart drawn by two oxen, fifty cents; for each cart drawn by four or more oxen, sixty-three cents. 1860. Warner's and SECT. 21. At Warner's ferry, across Connecticut river, between 1859. the first day of October and the first day of April, for each footman, Chapman's. six cents; for each man, horse and load, twelve cents; for each led horse, ten cents; for each ox or other neat kine, twelve cents; for each sheep, swine, or goat, two cents; at Chapman's ferry, between the fifteenth day of November, and the sixteenth day of March, for each footman, four cents; for each man, horse and load, ten cents; for each led horse, ten cents; for each sheep, swine, or goat, one and a half cents; and the fare for every one horse wagon or sleigh, or two wheeled carriage, with one man, and draft horse, shall be double, and for every cart, carriage, wagon, sled, or sleigh, drawn by two beasts, with one person, treble the fare for man, horse and load; and for every additional person, or beast, the same as herein for each of of them respectively stated; and for the remainder of the year, the fares, at each of said ferries, shall be the same as is herein established at Brockway's ferry. 1859. Enfield and Suf SECT. 22. At the Enfield and Suffield ferry, at the mouth of, Freshwater Brook, for a man, horse and load, six cents; for each field. footman, three cents; for each led or draft horse, three cents; for each ox, or other neat kine, four cents; for each sheep, swine, or goat, five mills; for each two wheeled carriage, one man and horse, nine cents; for each four wheeled carriage, one man and horse, twelve cents; for each four wheeled carriage, one man and two horses, fifteen cents; for each four cattle team, with one man, cart, wagon, or sled, twenty-five cents; and for every additional person, horse, ox, or other neat kine, the same as above allowed. Derby. Culliek Ely's Rocky Hill. Pratt's. Kenny's and Scantiek. Warehousepoint. SECT. 23. At Derby ferry; for each man, horse and load, four cents; for each footman, one cent; for each led horse, two cents; for each ox, or other neat kine, four cents; for each sheep, swine, or goat, four mills. SECT. 24. At Cullick Ely's ferry; for each man, horse and load, twelve and a half cents; for each footman, four cents; for each led horse, ten cents; for each ox, or other neat kine, twelve and a half cents; for each sheep, swine, or goat, one cent and four mills; and at the two last mentioned ferries, the fare for every two or four wheeled carriage, with one man and draft horse, shall be double the fare for man, horse and load, as herein established for said ferries respectively; and for every additional person, or horse, or other beast, the same as allowed for a man, horse, or other beast, as aforesaid. SECT. 25. At Rocky Hill ferry, between Wethersfield and Glastenbury; for each man and horse, each ox, or other neat kine, four cents; for each footman, three cents; for each sheep or swine, one cent; for each wheeled carriage, sled or sleigh, and driver, drawn by one horse, eight cents; for each pleasure carriage, sled or sleigh, stage, cart, wagon, and driver, drawn by two horses, oxen, or mules, fifteen cents; for each additional horse, ox, or mule, two cents. SECT. 26. At Pratt's ferry, between Wethersfield and Glastenbury; for each man, horse and load, six cents; for each footman, three cents; for each led horse, three cents; for each ox, or other neat kine, six cents; for each sheep, swine, or goat, one cent; for each wheeled carriage, sled, or sleigh, and driver, drawn by one horse, ten cents; for each four wheeled carriage, or sleigh, and driver, drawn by two horses, fifteen cents; for each loaded cart, wagon, or sled, and driver, drawn by two oxen, twenty-five cents; for each empty cart, wagon, or sled, and driver, drawn by two oxen, twelve and a half cents; for each additional ox, or horse, three cents. SECT. 27. At Kenny's ferry, in Wethersfield, and King's ferry, in Suffield; for each man, horse and load, four cents; for each footman, two cents; for each led horse, three cents; for each ox, or other neat kine, four cents; for each sheep, swine, or goat, one cent; for each two or four wheeled carriage, one man and draft horse, nine cents; for each ox team, one man, two oxen and load, twenty cents; for each wagon, one man, two horses and load, fifteen and a half cents; and for every additional person, horse, or other beast, the same as above allowed. for SECT. 28. At East Windsor ferry, at the mouth of Scantick; for each man and horse, each ox, or other neat kine, eight cents; each led or draft horse, or mule, four cents; for each footman, three cents; for each sheep, swine, or goat, one and a half cents; for each wheeled carriage, sled, or sleigh, and driver, drawn by one horse, twelve and a half cents; for each pleasure carriage, sleigh, or sled, stage, cart, wagon, and driver, drawn by two oxen, horses or mules, twenty-five cents; for each additional ox, horse, or mule, four cents. SECT. 29. At East Windsor ferry, at Warehouse-point; for each man, horse and load, six and a quarter cents; for each man, horse and load, from the first of December to the first of June, twelve and a half cents; for each footman, two cents; for each led horse, four cents; for each led horse, from the first of December to the first of June, six and a quarter cents; for each ox, or other neat kine, six and a quarter cents; for each sheep, swine, or goat, seven mills; for each two or four wheeled carriage, one man, and draft horse, twelve and a half cents; for each ox team, one man, two oxen and load, twenty-nine cents; for each wagon, one man, two horses and load, twenty-five cents; and for every additional person, or horse, or other beast, the same as above allowed. SECT. 30. At Derby ferry, at the Narrows; for each man, horse Derby Narrows. and load, six cents; for each footman, three cents; for each led horse, four cents; for each ox, or other neat kine, six cents; for each two wheeled, or four wheeled carriage, with one man and one horse, twelve and a half cents; for each four wheeled carriage, with one man and two horses, twenty-five cents; for each swine, sheep, or goat, one cent; for each additional person, or horse, or other beast, the same as above allowed. Superior court lish new ferries, SECT. 31. Whenever any ferry or ferrying-place heretofore estab- 1847. lished and used, or which shall be established and used, across any may re-establish river or body of water, has or shall, by reason of any change in old ferries, estabthe channel, bed, or current, of said river or body of water, become and open roads dangerous, or difficult of navigation, or of access, by reason of the thereto. banks or lands of said ferry, or the roads leading thereto, being washed away or injured. and such ferry for such cause, or any other, has been, or shall be, discontinued, disused, or abandoned, for the space of one year, whereby the public travel is obstructed or incommoded, or whenever public convenience and necessity shall require the establishment of a new ferry across any river or body of water, the superior court in the county in which such river or body of water is situated, or when it is the dividing line of adjoining counties, the superior court of either of said counties, the court to which the application is first made to possess the jurisdiction, may, on petition of any person or persons, alleging the matters aforesaid, inquire, either by the county commissioners or otherwise, into the matters alleged, and into the public necessity and convenience of re-locating such ferry, or establishing such new ferry, and on finding the matters alleged to be true, and that the public travel requires the accommodation, may cause such ferry or ferrying-place to be re-located, or such new ferry to be established at such convenient place as will best promote the public interest and accommodate the public travel; and said court may further cause such roads, leading to such ferryingplace as shall be necessary to furnish convenient access thereto, to be laid out and opened, within such time as it shall direct, and said ferry or ferrying-place, being so established, shall remain a public ferry, and the roads leading thereto, being so laid out, shall remain public highways, and said ferry and roads, respectively, shall be subject to all the provisions of law appertaining to ferries or highways, and the expense and costs of establishing and laying out the Expense to be apsame, being liquidated and allowed by said court, shall be paid by portioned among the inhabitants of the town or towns in which such ferry or high- the respective ways shall be situated, in such sums or proportions, respectively, as said court shall direct, and execution may be granted accord ingly.* towns. SECT. 32. Notice to all persons interested shall be given, by Notice to parties affixing a copy of said petition, together with a copy of the citation, to be given. * On remonstrance to report, committee's proceedings having been regular, court will not re-hear the case. Wethersfield v. Humphrey, 20 C. R. 218. Where committee reported re-location of ferry, and afterwards, by order of court, proceeded to lay out highways, proceedings held regular. Same. interested, how Superior court to establish rates of ferriage. on a sign-post in the town, or in each of the towns, where such ferry is or may be situated, or in which said roads may be required to be opened, at least twelve days before the sitting of the court to which the petition is returnable, and said petition and citation shall also be served on one or more of the selectmen of the town or towns, respectively, in which said ferry or roads are or may be situated, at least twelve days before the sitting of said court. SECT. 33. Whenever a ferry shall be re-located or newly established by order of the superior court, the court shall establish the rates of ferriage which may be taken at such ferry. TITLE XXIII. AN ACT FOR ENCOURAGING AND REGULATING CHAPTER I. OF CERTAIN PARTICULAR FISHERIES. Towns may make by-laws Fisheries on flats, Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That every town may, in town meeting, make bylaws for the regulation of fisheries in the streams and ponds within its respective limits, and for the preservation of fish therein, and may impose such penalties for the breach thereof, as it shall think proper; but no penalty shall exceed the sum of seventeen dollars, and no by-law shall be contrary to the laws of this state, or extend to ponds that are private property.* SECT. 2. Whoever shall first make a weir for catching fish, on any flat within any river, cove, creek, or harbor, shall not be interrupted in the enjoyment of it, by any other person making a weir on the same flat, or in the way or course of the fish coming to said weir first built, and nearer than three-quarters of a mile to said weir first built, unless such other person shall have first obtained *By-laws must be passed at a town meeting legally warned for that purpose. Hayden v. Noyes, 5 C. R. 391; Willard v. Killingworth Borough, 8 C. R. 247. liberty from the superior court; and every weir made in violation of this section, shall be a common nuisance, and any person may remove it as such. in Connecticut SECT. 3. No person shall take any shad, or salmon, in Connecti-Time of fishing cut river, at any other time than between the fifteenth day of March River. and the twenty-fifth day of June, in each year; and within that period, no person shall set or draw any net, or seine, for the purpose of taking fish in said river, at any other time than between the rising of the sun on Monday morning, and the setting of the sun on Saturday evening of each week; and every person who shall, at any other time, take any shad, or salmon, or set or draw any net or seine, in said river, or aid or assist therein, shall forfeit the sum of one hundred dollars to the treasury of the state.* boats, used eon be forfeited. SECT. 4. All nets, seines, and boats, used in fishing on Connecti- Nets, seines, and cut river, contrary to any provisions of this act except such as relate trary to law, to to the length of seines, or which shall be used in any other river, contrary to the law regulating the shad fishery, except as aforesaid, shall be forfeited to him who shall inform, and shall prosecute his information to effect; and upon complaint to any justice of the peace in any county where such nets, seines, or boats, may have been so used, or may be found, such justice may issue his warrant, taking good and sufficient bond for prosecution, directed to some proper officer, or, in case of necessity, to some indifferent person, requiring him to seize such net, seine, or boat, and hold the same, and such officer, or person, shall forthwith give notice to the owner or owners thereof to appear before said justice, by reading said complaint and warrant, in his or their hearing, or by leaving, at his or their usual place or places of abode, a true and attested copy of the same; and if said justice, after having heard said complaint, and the testimony adduced by the parties, shall be of opinion that said net, seine, or boat, has been used contrary to law, such justice shall order said officer or indifferent person to hold such net, seine, or boat, unless the same shall be replevied according to law, until final judgment shall be rendered on said complaint, in the superior court, in the county where the offense shall have been committed, to which court said complaint shall be removed, by such justice; but if such justice, after hearing such complaint, shall be of opinion, that said net, seine, or boat, seized as aforesaid, has not been used contrary to law, he shall dismiss the complaint, and the owner or owners of said net, seine or boat, shall recover his or their costs. 1824. Nets, seines, contrary to law, SECT. 5. All nets, seines, boats, or other fishing apparatus, used on Connecticut river, contrary to law, shall be forfeited, and may, boats, &c., used at any time within six months thereafter, be seized by any consta- to be forfeited ble, or grand juror, of the town in which they have been so used, and sold, on seior in which they may be found, or by any sheriff, deputy sheriff, or mation. attorney for the state, of the county in which such town may be situated; and each of said officers, on view or notice, shall make such seizure, and the officer making the seizure shall, within five *The owners of land on Connecticut river above the ebbing of the tide have an exclusive right of fishing opposite their land. Adams v. Pease, 2 C. R. 481. An adjoining proprietor on a navigable river possesses an exclusive right to take fish on his own laud, but the right of fishing in such river is a common right. Lay v. King, 5 Day, 72. The right of fishing in a navigable river is, prima facic, public, but may be vested in an individual by grant, from the state or by prescription. Chalker v. Dickinson, 1 C. R. Right acquired by occupancy, how enjoyed. Pitkin v. Olmsted, Root, 217. What persons may join in a suit for a disturbance in the enjoyment of a fishery. Russell v. Stocking, 8 Č. R. 236. 382. zure and infor |