Sidebilder
PDF
ePub
[blocks in formation]
[blocks in formation]

SECTION

Nantucket

1875-180.

431

[ocr errors]

1875-115=

[ocr errors]

OYSTERS AND OTHER SHELL FISH.

11. Penalty for unlawfully taking oysters, &c.

12. Selectmen, &c., may give permits.

1875-38

13. Penalty for taking, &c., any other shell fish in Come. Revin Stud.

certain towns.

14. When vessels with oysters, &c., on board may

be seized.

15. Prohibitions not to extend to Indians, &c.
16. Selectmen, &c., may grant licenses to plant
oysters, &c.

17. License to describe flats, be recorded, &c.
18. Rights of persons licensed.

19. No shell fish except clams, &c., to be taken in
Chatham, &c.

KELP AND SEAWEED.

20. Kelp, &c., adrift, may be taken away.

[See 1860, 46, 89: 1862, 47, 58, 59, 202; 1864, 44, 62, 234, 259, 273; 1865, 58, 219; 1866, 187, 238; 1867, 149, 237, 289, 344; 1868, 110, 128, 157, 289, 290; 1869, 172, 235, 384, 422; 1870, 184, 195, 249, 284, 347,

[blocks in formation]

187539

Jehu'spond-eels
1875-60
Winthot-clums
187561

Jamton Riverto
1875-71
1876-20%
364

382; 1871, 113, 189, 258, 261, 328; 1872, 190, 218, 229, 248.1 18 73. c. c. 41, 104.190230, 1874 c. c. 82, 86, 110, 144, 153, 1857 Eels in Jones Rive Penalty for poi-1876 c. 32 foning fish with Indian cockle, in Eat River 55, § 1.

[blocks in formation]

SECTION 1. Whoever puts or throws into any waters within this state, for the purpose of taking or destroying fish therein, any of the cocculus indicus, otherwise called Indian berry or Indian cockle, or any other poisonous substance, whether the same is mixed with any other substance or not, shall forfeit ten dollars for every such offence. SECT. 2. Whoever takes or catches any pickerel or trout in any rivers, for unlawfully streams, or ponds, in any other manner than by hooks and lines, (R.) [or and trout. takes or catches any pickerel, from the first day of December to the first R. S. 55, § 3. day of May,] shall forfeit one dollar for every pickerel or trout so taken, 1858, 94. and if he is a minor, his guardian shall be liable to said forfeiture; but 159, 196 this section shall not extend to any town unless adopted thereby, nor out by 1869, 384, shall it affect the statutes specially relating to the district of Marshpee. §34.1876-221 SECT. 3. All prosecutions under the preceding section shall be insti- Prosecutions tuted within thirty days from the time of committing the offence.

Lobsters, tautoG, BASS, &c. 1874,110

SECT. 4. No person living without this state shall take any lobsters, tautog, bass, or other fish, within the harbors, streams, or waters, of the towns of Fairhaven, New Bedford, Dartmouth, and Westport, for the purpose of carrying them thence in vessels or smacks of any size whatever owned without this state, nor in any of more than fifteen tons' burden owned within this state, under a penalty of ten dollars for every offence, and a forfeiture of all fish and lobsters so taken.

1857, 30.

(R.) Stricken

limited.
R. S. 55, § 4.

Penalty for un-
lobsters, &c., in
lawfully taking
Fairhaven, &c.

R. S. 55, § 5.

preceding sec

SECT. 5. For the purposes of the preceding section, the waters and Boundaries of shores of the towns therein mentioned shall be deemed to extend from shores, &c., in the line of the state of Rhode Island to the line of the county of Plymouth, and to include all the waters, islands, and rocks, lying within one mile of the main land.

tion.

R. S. 55, § 6.

SECT. 6. If, within the harbors, streams, or waters, of any place on Lobsters, &c., in the sea-coast in this state which has adopted chapter eighty-five of the to be carried off statutes of the year eighteen hundred and thirty-nine, according to the by inhabitants of provisions of that act, or which shall have adopted this section, any by persons of person living without the state takes, for the purpose of carrying thence,

other states, nor

this state in ves

432

sels of over 15
tons.
1839, 85.

41

Lobster fishery on shores, &c,

R. S. 55, § 7.

[merged small][ocr errors][merged small]

any lobsters, tautog, bass, blue fish, or scuppaug, or if any perso within this state takes and carries away from such place any s or lobsters in vessels or smacks of more than fifteen tons' bu shall forfeit for each offence a sum not exceeding twenty dollars the fish and lobsters so taken.

SECT. 7. No person shall take lobsters within the waters and of Provincetown. of the town of Provincetown, for the purpose of carrying them fr waters in any vessel or smack of more than fifteen tons' burden the purpose of putting the same on board of such vessel or smac transported to any place, unless a permit is first obtained theref the selectmen of said town, who may grant the same for such be paid to the use of the town as they shall deem proper.

Penalty.
R. S. 55, § 8.

Waters and

shores of Prov

incetown, defined.

R. S. 55, § 9.

Penalty for tak

ing lobsters, &c.,

Wareham be

tween March and July.

SECT. 8. Whoever offends against the provisions of the pre section shall for each offence forfeit ten dollars; and if the num lobsters so unlawfully taken or found on board of any such ve smack exceeds one hundred, he shall in addition to said penalty a further sum of ten dollars for every hundred lobsters so tal found, and in that proportion for any number over the first hund SECT. 9. For the purposes of the two preceding sections the and shores of Provincetown shall be deemed to be as follows, vi ginning at Race Point, one-half mile from the shore, by said sh the end of Long Point which forms the harbor of Provincetow from the end of Long Point one-half mile and including the 1 within the town of Provincetown.

SECT. 10. Whoever, between the first day of April and the firs in Sandwich and of July inclusive, takes more than one hundred pounds per week sters, tautog, bass, or scuppaug, in the bays, harbors, ponds, rive creeks, of the waters of Buzzard's Bay, within one mile from the 1856, 176, §§ 2,3, and within the jurisdiction of the towns of Sandwich and War shall forfeit a sum not exceeding fifty dollars, to be recovered action of tort by the selectmen or any legal voter of the towns of wich or Wareham, to the use of the party suing therefor.

4.

Penalty for un-
lawfully taking
oysters, &c.

K. S. 55, § 11.
See 1864, 44.

Selectmen, &c.,

OYSTERS AND OTHER SHELL FISH.

SECT. 11. Whoever takes oysters from their beds, or destroys t or wilfully obstructs their growth therein, in any part of this state cept as is provided in the following sections, shall forfeit for every be of oysters (including the shells) so taken or destroyed the sum of dollars.

SECT. 12. The mayor and aldermen or selectmen of any city or t may give permits. in which there are oyster beds may give permits in writing to any

R. S. 55, § 12.

7 Met. 446.

Penalty for takLe es ing, &c., any

other shell fish.
at R. S. 55. § 13.
1838, 110, 113.
16
1839, 84.
1840, 9.
1842, 10.

1846, 127.
1852, 53.
7 Met. 446.

13 Allen, 541.
See 1867, 258.

son to take oysters from their beds at such times, in such quanti and for such uses, as they shall express in their permits; and every habitant of such city or town may, without such permit, take oys from the beds therein for the use of his family, from the first da September to the first day of June annually.

SECT. 13. Whoever takes any other shell fish from their beds destroys them, or wilfully obstructs their growth therein, in any cit town, except as is hereinafter provided, shall forfeit for every bushe such other shell fish (including the shells) one dollar. But the ma and aldermen or selectmen of each of said places may at all times permits in writing to any person to take such other shell fish from th beds therein, at such times, in such quantities, and for such uses, as t shall express in their permit; and every inhabitant of each of said pla may, without such permit, take such other shell fish from the b therein, for the use of his family.

may be seized.

(R.) Repealed by

1872, 46, § 1.

place without such permit, or a license granted as hereinafter provided; &c., on board, or within the limits of any place, and not owned therein, with other shell RS. 55, § 14. fish on board taken in such place without a permit; any inhabitant of 1848, 152. the place wherein the vessel, boat, or craft is so found trespassing, may seize and detain the same not exceeding forty-eight hours, in order that it may in that time be attached or arrested by due process of law to satisfy said fines and forfeitures with costs: provided, that if before the prosecution is instituted the owner or master of the vessel, boat, or craft pays such forfeiture to the treasurer of the city or town in which the same is incurred, the vessel, boat, or craft, with the effects therein, shall be discharged.]

to extend to In

SECT. 15. Nothing contained in the four preceding sections shall be Prohibitions not construed to deprive 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, not exceeding at any one time seven bushels including their shells.

dians, &c. Ree1867, 70. R. S. 55, § 15. 1869, 172, § 8. 1872, 46, § 2. Selectmen, may grant li

oysters, &c.

&c.

SECT. 16. The mayor and aldermen or selectmen of any city or town may, by writing under their hands, grant a license for a term not ex- censes to plant ceeding twenty years to any inhabitant thereof, to plant, grow, and dig 1848, 152, §§ 1, 3. oysters, at all times of the year, upon and in any flats and creeks therein, See 1869, 172, at any place where there is no natural oyster bed; not, however, impairing the private rights of any person, nor materially obstructing the navigable waters of any creek or bay.

§ 8.

scribe flats, be

SECT. 17. Such license shall describe by metes and bounds the flats License to deand creeks so appropriated, and shall be recorded by the city or town recorded, &c. clerk before it shall have any force; and the person licensed shall pay See 1869, 172, 1848, 152, §§2,5. to the mayor and aldermen or selectmen, for their use, two dollars, and § 8. to the clerk fifty cents.

sons licensed.

trespassing.

SECT. 18. The person so licensed, his heirs and assigns, shall for the Rights of perpurposes aforesaid have the exclusive use of the flats and creeks de- Penalties for scribed in the license, during the time therein specified; and may in an 1839, 135. action of tort recover treble damages of any person who, without his or 1848, 152, $3. their consent, digs or takes oysters from such flats or creeks during the $8. continuance of the license; and whoever digs or takes oysters therefrom without such consent shall also forfeit twenty dollars for each offence.

See 1869, 172,

SECT. 19. No person shall take from the towns of Chatham or Nan- No shell fish except clams, tucket, or from the south shore of the town of Barnstable and district &c., to be taken in Chatham, &c. of Marshpee, any shell fish for bait or other use, except clams and a R. s. 55, § 16. shell fish commonly known by the name of horsefeet; and no quantity exceeding seven bushels of clams including the shells, or one hundred horsefeet, shall be taken in one week for each vessel or craft, nor in any case without a permit being first obtained from the selectmen of the

town.

1850, 6 $2.

1856, 214, § 2.

13 Allen, 543.

See 1867, 258.

KELP AND SEAWEED.

Kelp, &c., adrift, may be

1859, 247.

SECT. 20. Any person may take and carry away kelp or other seaweed between high and low-water mark, whilst the same is actually taken away. adrift in tide waters; but for such purpose no person shall enter on 2 Allen, 549. upland or on lawfully enclosed flats without the consent of the owner See 1867, 96. or lawful occupant thereof. The provisions of this section shall not apply to any city or town in which the subject matter is regulated by special act of the legislature.

[blocks in formation]

434

OBSERVANCE OF THE LORD'S DAY.

[

Prohibition of
labor, &c;
R. S. 50, § 1.
13 Mass. 324.
12 Met. 24.

467
147 4 Cush. 243.

13 Met. 284.
2 Cush, 556.

10 Cush. 257.
7 Gray, 164.
65

[ocr errors]

h.64 of travelling. R. S. 50, $2. .398 6 Mass. 76.

..326,

13 Mass. 324.

[blocks in formation]

offence.

15 Gray, 433.

13 Allen, 559.

SECT. 2.

10 Met. 363.

4 Cush. 322.

SECTION

6. Writs, &c., not to be served on L 7. Penalty for rude behavior in chur 8. Sheriffs, &c., to inform of offences 9. Persons who observe Saturday as 10. Prosecutions when to be institute 11. Innholders, &c., who permit to be ments of gaming on Lord's day, & 12. "Lord's day," what it includes.

10 Allen, 18.

14 Allen, 165,

SECTION 1. Whoever keeps open his shop, warehouse, or wo or does any manner of labor, business, or work, except works of and charity, or is present at any dancing or public diversion, entertainment, or takes part in any sport, game, or play, on th day, shall be punished by a fine not exceeding ten dollars f See 1862, 152. 1863, 143. 1865, 253. 8 Gray, 384, 553. 11 1 Allen, 408. 6 Allen, 139. 9 Allen, 118, 453. 11 Allen, 209. 12 14 Allen, 20. 97 Mass. 45, 166, 407, 411. 101 Mass. 366. 103 Mass. 188. 10 Whoever travels on the Lord's day, except from or charity, shall be punished by fine not exceeding ten dollars f offence. SECT. 3. (R.) [Whoever keeping a house, shop, cellar, or public entertainment, or refreshment, entertains therein on the day any persons not being travellers, strangers, or lodgers, or such persons on said day to abide or remain therein, or in the orchards, or fields, appertaining to the same, drinking, or spendi time idly or at play, or in doing any secular business, shall be p Repeal and by fine not exceeding five dollars for each person so entertaine fered so to abide and remain; and upon any conviction after t by fine not exceeding ten dollars; and if convicted three times, thereafter be incapable of holding a license; and every person ing or drinking shall be punished by fine not exceeding five doll

Persons keeping

27tainment, &c.,
places of enter-
not to entertain

any other than
travellers, &c.
R. S. 50, § 3.

1844, 160, § 1.
2 Pick. 139.

substitute.
1864, 79.

[merged small][merged small][merged small][merged small][ocr errors]

SECT. 4. Whoever is present at a game, sport, play, or publi sion, except a concert of sacred music, upon the evening of the day, or upon the evening next preceding the Lord's day, unle game, sport, play, or public diversion, is licensed by the persons of authorized by law to grant licenses in such cases, shall be punis fine not exceeding five dollars for each offence.

SECT. 5. No person licensed to keep a place of public enterta shall entertain or suffer to remain or be in his house, yard, or other appurtenant, any persons, not being travellers, strangers, or lodg such house, drinking and spending their time there, on the Lord or the evening preceding the same; and every such innholder of person so offending shall be punished by fine not exceeding five for each offence.

SECT. 6. No person shall serve or execute any civil process Lord's day; but such service shall be void, and the person serv executing such process shall be liable in damages to the party agg in like manner as if he had no such process.

SECT. 7. Whoever on the Lord's day, within the walls of any of public worship, behaves rudely or indecently, shall be punish fine not exceeding ten dollars.

SECT. 8. All sheriffs, grand jurors, and constables, shall inquir and inform of all offences against the preceding provisions of this

[graphic]
[blocks in formation]

sons who observe

ientiously believes that the seventh day of Provision for per-
rved as the Sabbath, and actually refrains Saturday as the
, and labor, on that day, shall not be liable Sabbath.
ter for performing secular business, travel, 3S. & R. 48.
or first day of the week: provided, that he

for penalties incurred under the preceding
all be instituted within six months after the

R. S. 50, § 10.

18

Allen, 559.

101 Mass. 30.

Prosecutions
when to be insti-

tuted.
R. S. 50, § 11.
Penalty on inn-
who permit im-
plements of

holders, &c.,

gaming to be

day, &c.

17.

r, common victualler, or person, keeping or
- place occupied by him, implements such as
r that the same may for hire, gain, or reward,
sement, who on the Lord's day uses or suffers used on Lord's
of that kind upon any part of his premises, RS. 47, § 9.
feit a sum not exceeding one hundred dollars, R. S. 50,
se of correction not exceeding three months; 1854, 450, § 1.
1845, 211.
offence shall be imprisoned in the house of See Ch. 85, § 5.
xceeding one year; and in either case shall
ficient sureties, in a reasonable sum for his
lly that he will not be guilty of any offence
is section, for the space of three months then

[blocks in formation]
[graphic]

money by gaming

R. S. 50, § 12.

3 Pick. 446.

by playing at cards, dice, or other game, or by Persons losing ands of such as are gaming, loses to any person may recover it ny sum of money, or any goods whatever, and back. e or any part thereof to the winner, may sue for 1852, 312. and goods in an action of contract; and if the 17 Mass. 560. ree months after such loss, without covin or col- 3 Cush. 448. ffect for such money or goods, any other person i Allen, 563. 8 Gray, 243. treble the value thereof in an action of tort. , tenant, or occupant, of any house or building Owner of gaming Is are lost by gaming, or by betting on the sides house liable for gaming, with the knowledge or consent of said certain cases. ant, shall be liable to an action in the same man- 3 Cush. 448. extent as the winner thereof is liable by the pro- 176 m. 272 14 Gray, 390. g section.

money lost in

1837, 179.

on a prosecution commenced within eighteen Penalty for winmission of the offence, is convicted of winning at ning, &c., $5 or gaming or betting on the sides or hands of such R. S. 50, § 14.

more.

1839 135

« ForrigeFortsett »