No mill-dam to be erected without a sluice-way. No obstruction to be made. Quinebaug river. their natural or usual course, on penalty of thirty-four dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the county wherein the conviction is had. SECT. 11. No person or persons shall build or continue a mill-dam, or other dam, across said river, in either of the towns of Windsor, Granby, Simsbury or Farmington, unless he or they shall open a sluice-way in such dam twelve feet in width, and within nine inches of the bottom of said river, and in a proper place convenient for the passage of fish through such opening, and the same sluice-way keep open the width and depth aforesaid, from the tenth day of April to the twenty-fifth day of June; and whosoever shall be guilty of a breach of this section of this act, shall forfeit and pay the sum of one hundred dollars, one half to him or them who shall sue therefor and prosecute his suit to effect, and the other half to the treasury of the county wherein the offence is committed and the court before whom such conviction is had, shall order such dam to be removed, at the expence of the owner or owners thereof: and every milldam, so erected and continued on said river, where no sluice-way is kept open, agreeably to the provisions of this act, shall be deemed a common nuisance, and may be removed by any person whatsoever. SECT. 12. If any person or persons shall, at any time between the twenty-fifth day of April and the tenth day of June, in each year, erect or place any gill-nets, pot-nets, pounds, wears, or any other obstructions, within ten rods of the sluices in the dams erected in said river, according to the provisions of this act, whereby the passage of the fish up the said sluices and river may be interrupted or impeded; such person or persons shall, for every such offence, forfeit and pay the sum of one hundred dollars, one half to him or them who shall sue therefor, and prosecute his or their suit to effect, and the other half to the treasury of the county wherein the offence is committed. SECT. 13. No person shall draw any seine, or other fish-craft, in Quinebaug river, or in Shetucket river, below the junction of that river with the Quinebaug, or fish with scoop-nets, at any of the falls, dams or sluice-ways, on said rivers, except between the setting of the sun on Time of fish- Monday evening, and the rising of the sun on Friday ing. morning, in each week, in the months of April, May, and June, annually, upon the penalty of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. Shetucket, Willimantic, SECT. 14. No person shall draw any seine, or other fish-craft, in Shetucket river, above the junction of that river with the Quinebaug, or in Willimantic, and Nachaug and Nachaug rivers, except between the setting of the sun on Monday rivers. evening, and the rising of the sun on Saturday morning, Time of fishing. in each week, in the months of April, May, and June, annually, upon the penalty of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. SECT. 15. No eel-wears, or walls with eel-pots, shall Obstructions be set, erected or made, on or across Quinebaug river, prohibited. Shetucket river, Willimantic river, or Nachaug river, at any season of the year, which will impede or obstruct the natural and usual course and passage of the fish, either up or down stream; and whosoever shall be guilty of making or erecting any such obstructions, shall forfeit the sum of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect; and on conviction, the court may order such obstructions to be removed, at the expence of the persons who erected the same: and every such obstruction shall be considered a common nuisance, and may be removed as such. SECT. 16. No person shall draw any seine, or other Selden's cove, fish-craft, in Selden's cove, Eight-mile river in Lyme, Eight-mileriver in Lyme, nor in any of the streams that empty themselves into said and Sumner's rivers, nor in Sumner's creek in Middletown, except creek. between the setting of the sun on Monday evening, and Time of fishthe rising of the sun on Saturday morning, in each week, ing. in the months of April, May, and June, annually, on penalty of fourteen dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the use of the town wherein the offence is committed: which penalty may be recovered in an action brought before a justice of the peace; and no appeal shall be allowed. SECT. 17. No wears, hedges, fish-garths, or other ob- Obstructions structions or incumbrances, shall be erected or made, on, prohibited. oracross, Windsor-ferry river, Selden's cove, or Eight-mile river in Lyme, nor any of the streams that empty themselves into them, or on, or across Sumner's creek in Middletown, so as to impede or obstruct the natural and usual course and passage of the fish, in their seasons, up, or in any of said rivers, coves, or creeks; and whosoever shall be guilty of a breach of this section, shall forfeit one hundred dollars, to any person who shall sue therefor, and prosecute his suit to effect: and the court shall order every such obstruction to be removed, at the expence of the party who erected it; and the same shall be deemed a common nuisance, and may be removed as such: Provided, that no person shall remove any mill-dam, until Thames river. Time of fishing. Obstructions prohibited. Keys' brook in the same has been adjudged to be a nuisance, by the su SECT. 19. No wears, hedges, fish-garths, or other obstructions, or incumbrances, shall be set, erected, or made, on or across the river Thames, above the south line of Paukatannac cove, so as to impede or obstruct the natural and usual course and passage of the fish, in their season, in, or up said river: and whosoever shall be guilty of a violation of this section, shall forfeit one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect. SECT. 20. Keys' brook, that runs from Quinebaug pond to Quinebaug river, in the town of Killingly, for the purpose of fishing therein, shall be divided into two parts; that is, the first part extending from the said river eastward, to the public road that crosses said brook, and the second part shall extend from said road eastward to said pond; and no person or persons shall fish, with any scoopnet, seine, or other fish-craft, in the first part of said brook, except between the rising of the sun on Monday Time of fish- morning, and the rising of the sun on Wednesday mornIng. ing: and no person or persons shall fish, with any scoopnet, seine, or other fish-craft, in the other part of said brook, except between the rising of the sun on Wednesday morning, and the rising of the sun on Friday morning, in each week, during the months of April, May, and June, in each year: and whosoever shall be guilty of a breach of this section, or be aiding, or abetting therein, shall forfeit thirty-four dollars, to the use of him who may sue therefor, and prosecute his suit to effect. New-Haven SECT. 21. No person shall, at any time, during flood tide, station or draw any seine, or other fish-craft, in New-Haven East-river, between Mansfield's bridge and Doolittle's mills and no peron shall set or draw any seine, or other fish-craft, in said river, between the bridge Time of Fish- and mills aforesaid, from the setting of the sun, on ing. Wednesday evening, until the setting of the sun, on Thursday evening, in each week and every person guilty of a breach of this section, shall forfeit the sum of fourteen dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the county, wherein the offence is committed; and shall also forfeit the seine, ropes, and other implements used for catching fish, contrary to this section, to be appropriated as aforesaid. SECT. 22. No person shall set or draw any seine, or Obstructions otherwise obstruct the course of the fish, into, or up Sel- prohibited. den's creek in Lyme, within forty rods eastward of the mouth of said creek, on Connecticut river, or within sixty rods within said creek, or at any place below the Homock, on penalty of forfeiting thirty-four dollars, to him who shall sue therefor, and prosecute his suit to effect: provided, that the proprietors of the Homock may, at all seasons, fish at that place; and the proprietors of land ad oining said creek, below the Homock, not within sixty rods of the mouth of the creek, may fish on their own lands, on the tide of ebb only, after the eighteenth day of May annually. SECT. 23. No wear, pound or other obstruction, shall Obstructions be erected, or continued in the channel of Paukatuck in Paukatuck river prohibitriver, dividing the states of Connecticut and Rhode-Island, ed. so as to interfere with the main channel of said river, upon penalty of twenty dollars, for the first offence, and seven dollars for every twenty-four hours, or any less. space of time, any such wear or other obstruction shall be continued in the main channel of said river, after the first offence. SECT. 24. No person or persons, shall be permitted Times of fishto draw any seine or seines in said Paukatuck river, ing. from the twentieth day of March, to the first day of June, annually, excepting between the rising of the sun on Monday morning, and the rising of the sun on Thursday morning, in each week, on penalty of twenty dollars, for each and every time such seine shall be set or drawn, otherwise than as aforesaid; and no person or persons shall be permitted to throw any stones into said river, upon penalty of seven dollars, for each and every such offence, to the end that the fish may more freely pass to the various sources of the river aforesaid. dams. SECT. 25. Yearly, and every year, from the twenti- Passages to eth day of March, to the first day of June, there shall be kept open be a passage opened in the mill-dam, below Pauka- through milltuck bridge, from the bed or bottom of said river, twenty feet in length, to extend ten feet easterly, and ten feet westerly from the middle of said river; and similar passages shall be opened, in manner as aforesaid, in all the other mill-dams in said river, of fifteen feet in length, excepting Sanford Taylor's mill-dam, which shall be opened twenty feet in length, ten feet between the Penalty for refusal. Penalty for obstruction near the openings. Wears and pounds prohibited, in certain periods. Times of fishing with scoop-nets. Disposition of penalties. Compact with middle of said river, and the easterly shore, and ten teet between the middle of said river, and the western shore, in the most convenient places for the fish to pass in said river; and the owner or owners, occupier or occupiers of any of the dams aforesaid, who shall neglect or refuse to open the passage or passages as aforesaid, on or before the said twentieth day of March annually, shall forfeit the sum of twenty dollars for every such refusal or neglect; and for every succeeding day, neglect or refusal to open a passage or passages as aforesaid, from the said twentieth day of March to the first day of June annually, the offender or offenders shall forfeit one other sum of seven dollars. No person or persons shall be permitted to erect or continue any wear, or other obstructions, within sixty feet of the gaps in said milldams, upon penalty of seven dollars for the first offence, and four dollars for every succeeding day, or less space of time, said obstructions shall continue in said river, from the twentieth day of March to the first day of June, annually. SECT. 26. No wear or pound shall be erected or continued upon any flat, or other part of the bottom of said river, eastward or westward of the aforesaid channel of said river, between the first day of June and the twentieth day of March, annually, upon penalty of fourteen dollars for the first offence, and seven dollars for every succeeding day such wear or pound shall be continued in said river, from the first day of June to the twentieth day of March, annually. SECT. 27. No person or persons shall be permitted to fish with mesh or scoop-nets, in Paukatuck river, or any of its branches, after sunset on Friday, until sunrise on Monday, in each week, from the twentieth day of March to the first day of June, annually; and no person shall use more than one net at a time; upon penalty of five dollars for every offence. SECT. 28. One half of the penalties incurred by this act, for a violation of the regulations respecting fishing in Paukatuck river, shall accrue to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town wherein the offence is committed. And so much of this act as relates to fishing in Paukatuck river, shall be considered as forming a compact with the state of Rhode-Island, from which the general assembly of this state will not depart, until the legislature of the state of Rhode-Island shall agree with the legislature of the state of Connecticut to a repeal thereof, or to alterations therein, or additions thereto :-provided the |
